HomeMy WebLinkAbout20091072.tiffHEARING CERTIFICATION
DOCKET NO. 2009-25
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT
#1690 FOR AN OIL AND GAS PRODUCTION FACILITY IN PIONEER COMMUNITIES
PUD WITH COMMERCIAL, RESIDENTIAL, OPEN SPACE, AGRICULTURAL,
SCHOOLS, PARKS AND WATER, AND WASTEWATER STORATE ZONE
DISTRICTS - HP FARMS HOLDINGS, LLC, C/O KERR-MCEE OIL AND GAS
ONSHORE, LP
A public hearing was conducted on May 6, 2009, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer
Commissioner David E. Long - EXCUSED
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Jacqueline Hatch
Health Department representative, Lauren Light
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated March 12, 2009, and duly published March 20,
2009, in the Greeley Tribune, a public hearing was conducted to consider the request of HP
Farms, Holdings, LLC, do Kerr-McGee Oil and Gas OnShore, LP, for a Site Specific
Development Plan and Use by Special Review Permit #1690 for an Oil and Gas Production
Facility in Pioneer Communities PUD with Commercial, Residential, Open Space, Agricultural,
Schools, Parks and Water, and Wastewater Storage Zone Districts. Bruce Barker, County
Attorney, made this a matter of record. Chair Garcia advised the applicant's representative,
Terry Enright, Kerr-McGee Oil and Gas OnShore, LP, that he has the option of continuing the
matter to a date when the full Board will be present. However, if he decides to proceed today,
the matter will require three affirmative votes, or in the case of a tie vote, Commissioner Long
will review the record and make the determining vote. Mr. Enright indicated he would like to
proceed today.
Jacqueline Hatch, Department of Planning Services, presented a brief summary of the proposal
and entered the favorable recommendation of the Planning Commission into the record as
written. She stated the site is located west of County Road 49, north of County Road 22, and
the boundary for USR-1690 comprises of approximately three acres of a 109 -acre parcel. She
stated the applicant intends to directionally drill six oil and natural gas wells, and the oil, water,
and natural gas produced on the site will be separated on the property. She further stated the
oil and water will be temporarily stored in tanks on the site until it is removed by truck, and the
natural gas will be metered and transported off of the property through a pipeline. She stated
the USR boundary is located in an area designated as a High -Density Residential area, and she
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HEARING CERTIFICATION - HP FARMS HOLDINGS, LLC, C/O KERR-MCGEE OIL
AND GAS ONSHORE, LP (USR-1690)
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confirmed oil and gas facilities are allowed as a Use by Special Review within this area. She
indicated the surrounding property is agricultural in nature, and the site is located within the
three-mile referral area for the Town of Hudson, which indicated no conflicts with the proposed
use. She further indicated twelve referral agencies reviewed the application materials, six did
not provide any comments, three provided comments which have been addressed within the
Conditions of Approval and Development Standards, and no response was provided by the
Colorado Oil and Gas Conservation Commission (COGCC), the Hudson Fire Protection District,
or the Platte Valley Soil Conservation District. Ms. Hatch displayed photographs of the site and
surrounding area, and in response to Commissioner Conway, the Board discussed the recently
approved modifications of the boundary lines for the entire Pioneer Communities PUD (Planned
Unit Development).
Don Carroll, Department of Public Works, stated County Road 22 is classified as a strategic
roadway, requiring 140 feet of right-of-way at full buildout, and currently contains 60 feet of
right-of-way. He stated the most recent traffic counts indicated an average of 746 vehicle trips
per day, the 85th percentile of traffic speed is approximately 65 miles per hour, and
approximately 39 percent of the traffic utilizing the road is trucks. He confirmed that no staging
or parking of vehicles will be allowed on County Roads, and the applicant must utilized on -site
parking. He indicated the access to the site is on County Road 22, and the entrance is required
to be paved, with the placement of a double cattle guard, to serve as a tracking pad to prevent
trucks from tracking mud onto the road. He further indicated the applicant is required to provide
adequate turning radii for trucks, at a minimum of 60 feet, and "Truck Turning Ahead" signs will
be constructed on each side of the access. He reiterated the applicant intends to drill six wells,
and the wells will be located approximately 1,000 feet north of County Road 22, and 1,000 feet
west of County Road 49. He indicated five oil tanks, one water tank, an emissions control
device, and an oil separator will be located on the site. He clarified the site will not contain daily
employees after drilling operations are completed, and the oil and gas access road will not block
any of the proposed residential roads within the development. Mr. Carroll stated the
representative from Kerr-McGee has indicated he does not believe it is necessary to pave the
entrance to serve as a tracking pad, and that the distance from the edge of the road to the
existing cattle guard is adequate; however, the representative does concur with the placement
of the signs indicating "Truck Turning Ahead." He confirmed the site is not located within the
floodplain or floodway, and the applicant will be required to obtain overweight and/or overwidth
permits when the necessary drilling equipment is moved onto the site.
Lauren Light, Department of Public Health and Environment, stated a permanent water source
and sewer service are not required, since the facility will not be manned. She stated the
applicant is required to submit a Dust Abatement Plan and evidence of an Air Pollution
Emissions Notice (A.P.E.N.) Permit. She indicated Development Standards #4 through #14
address the comments provided by the Department, and the Department does not have any
outstanding concerns with the application.
Mr. Enright confirmed a Surface Use Agreement has been executed, and he clarified
Kerr-McGee is trying to confine drilling areas as much as possible. He stated the company will
be twinning an existing well with six directional wells, and the tank battery will be rebuilt by
adding additional tanks and a separator, which will process the production from all seven wells.
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HEARING CERTIFICATION - HP FARMS HOLDINGS, LLC, C/O KERR-MCGEE OIL
AND GAS ONSHORE, LP (USR-1690)
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He indicated the proposed use will only impact the surface area by approximately five percent,
the existing access and pipeline will continue to be utilized, and the flowlines will remain
internal. In response to Commissioner Rademacher, Mr. Carroll stated the representative
previously indicated the requirement of paving the entrance, to be utilized as a tracking pad,
was an excessive requirement. Mr. Enright clarified he accepts the requirement, and he will
allow the construction crew to make the determination as to whether the entire 300 feet shall be
paved, or if a double cattle guard will be installed. Mr. Carroll confirmed the applicant has the
option of paving the entrance for a length of 300 feet, with no cattle guard, or paving from the
edge of the road to the existing cattle guard, and installing an additional cattle guard. He
clarified the intent of the requirement is to ensure the trucks exiting the site are not tracking mud
onto County Road 22. Commissioner Kirkmeyer read Condition of Approval #1.A.4 into the
record and concurred that the applicant has a choice of options.
No public testimony was offered concerning this matter.
In response to Chair Garcia, Mr. Enright indicated he has reviewed, and concurs with, the
Conditions of Approval and Development Standards.
Commissioner Conway moved to approve the request of HP Farms, Holdings, LLC, do
Kerr-McGee Oil and Gas OnShore, LP, for a Site Specific Development Plan and Use by
Special Review Permit #1690 for an Oil and Gas Production Facility in Pioneer Communities
PUD with Commercial, Residential, Open Space, Agricultural, Schools, Parks and Water, and
Wastewater Storage Zone Districts, based on the recommendations of Planning staff and the
Planning Commission, with the Conditions of Approval and Development Standards as entered
into the record. The motion was seconded by Commissioner Kirkmeyer, and it carried
unanimously. There being no further discussion, the hearing was completed at 10:20 a.m.
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HEARING CERTIFICATION - HP FARMS HOLDINGS, LLC, CIO KERR-MCGEE OIL
AND GAS ONSHORE, LP (USR-1690)
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This Certification was approved on the 11th day of May, 2009.
BOARD OF COUNTY COMMISSIONERS
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ATTEST: Y�...GI ,/ ►�/ �/, , l; v(/(1/
Weld County Clerk to the
BY: ./Il✓'G2-1t1
Deputy Cler
illiam F. Garcia, //Chair
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arbara Kirkmeyer
A or y EXCUSFD
David E. Long
2009-1072
PL2011
EXHIBIT INVENTORY CONTROL SHEET
USR #1690 - HP FARMS HOLDINGS, LLC, C/O KERR-MCGEE OIL AND GAS
ONSHORE, LP
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
Planning Commission Summary of Hearing (Minutes dated 04/07/2009)
Kerr-McGee Gathering,
LLC Letter of Concern, dated 04/15/2009
Kerr-McGee Gathering,
E. LLC Letter retracting concern, dated 04/20/2009
F. Planning Staff Certificate and photo of sign posting
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 6TH DAY OF MAY, 2009:
DOCKET #2009-25 - HP Farms Holdings, LLC, c/o Kerr-McGee Oil and Gas OnShore, LP
PLEASE legibly write or print your name and complete address.
ADDRESS
123 Nowhere Street, City, State, Zip
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