HomeMy WebLinkAbout20090941.tiffHEARING CERTIFICATION
DOCKET NO. 2009-15.A
RE: SITE SPECIFIC DEVELOPMENT PLAN AND THIRD AMENDED USE BY SPECIAL
REVIEW PERMIT #542 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (OIL AND GAS
PROCESSING FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT - DCP
MIDSTREAM, LP
A public hearing was conducted on April 22, 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
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Health Department representative, Lauren Light
Public Works representative, Don Dunker
The following business was transacted:
I hereby certify that pursuant to a notice dated February 10, 2009, and duly published February 20,
2009, in the Greeley Tribune, a public hearing was conducted on February 18, 2009, to consider
the request of DCP Midstream, LP, for a Site Specific Development Plan and Third Amended Use
by Special Review Permit #542 for a Mineral Resource Development Facility, including an Oil and
Gas Support and Service Facility (oil and gas processing facility) in the A (Agricultural) Zone
District. At said hearing, the Board deemed it advisable to continue the matter to April 22, 2009,
to allow the applicant adequate time to complete the required 30 -day mineral interest notification.
On April 22, 2009, Bruce Barker, County Attorney, made this a matter of record.
Kim Ogle, 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. He
stated the site is located south of County Road 40, west of County Road 35, it is within the
three-mile referral area for the Town of Gilcrest, and it is situated high on a hill, with drainage to
the east into an existing borrow ditch along County Road 35. He indicated the third amendment
of the permit is for the expansion of the current facility, which will allow a larger volume of gas to
be processed, necessitated by recent increases in drilling activity and projected additional
increases by DCP Midstream, LP, and the expansion will also enhance the safety of the facility.
He gave a brief description of the surrounding land uses, indicating residences with outbuildings
are visible in all directions from the site, the Platte Valley Canal is north of the site, and he indicated
there are several other USR permits within the immediate vicinity. He clarified there are four
surrounding property owners within 500 feet, water is provided to the site from the Central Weld
County Water District, and a septic system handles the effluent flow. Mr. Ogle indicated the
Re
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primary access to the site in located on County Road 35, which is a local gravel road, and the
internal roads within the facility are graveled and graded. He stated 13 referral agencies reviewed
the application materials, and nine provided comments which have been addressed within the
Conditions of Approval and Development Standards. He further stated two letters were received
from surrounding property owners, regarding concerns with the existing facility; however, a
subsequent letter was provided by one of the property owners, indicating his concerns had been
addressed by representatives of DCP Midstream. He indicated letters and E -mails have been
received from Kerr-McGee Gathering, LLC, expressing concerns with the surface estate near the
pipelines; however, a subsequent letter dated March 10, 2009, indicates the company has
withdrawn its protest, and confirmed the company will not be adversely affected. He further
indicated Kerr-McGee Oil and Gas OnShore, LP, also provided a letter of objection, dated March 3,
2009; however, an E-mail received on April21, 2009, indicates draft agreements have been sent,
with no response received, and an executed agreement is required before the protest letter may
be rescinded. Mr. Ogle displayed photographs of the site, and described the fencing for the facility.
Don Dunker, Department of Public Works, stated County Road 35 is a local gravel road, with an
average daily traffic count of 193 vehicles, and this expansion will create an additional six vehicle
trips, and four semi -truck trips, per day. He stated the proposed expansion of the existing facility
will include a new access on County Road 35, and the Department is requiring that the applicant
provide a 60 -foot radius to accommodate turning trucks. He further stated the access will connect
with County Road 35 at a 90 -degree angle, and will contain adequate sight distance in both
directions, at the crest of the hill. He indicated the applicant will provide a water quality capture
area; however, the site is not located within the floodplain. Responding to Commissioner
Rademacher, Mr. Dunker confirmed dust abatement will be provided along County Road 35 since
the traffic count will now exceed 200 vehicles per day.
Lauren Light, Department of Public Health and Environment, stated Central Weld County Water
District provides waterto the site, and an existing septic system on the property is designed for use
by two people, therefore, if the site will contain more than two employees, the system must either
be evaluated, or replaced. She confirmed the applicant will be required to provide on -site dust
control and a Waste Handling Plan, and will be required to comply with State requirements
regarding air permitting, the septic system, and a discharge permit. She confirmed the Department
does not have any outstanding concerns with the proposed expansion.
Patrick Groom, Attorney, represented the applicant and stated the existing oil and gas processing
facility, operated by DCP Midstream, is proposed to be expanded due to increased demand and
increased production of oil and gas. He indicated the existing facility is located within the northeast
portion of the site, and the expansion of the facility will be installed south of the existing facility. He
clarified DCP Midstream previously purchased a large amount of surrounding land to act as a
buffer; however, a surrounding property owner to the north was concerned that DCP Midstream
was planning to build a very large facility on the 120 acres. He indicated the footprint of the
expansion was shared with the property owner, which eliminated his concerns. Mr. Groom further
clarified Kerr-McGee Oil and Gas OnShore, LP, operates several wells in the immediate area, and
the company had concerns that the expansion of the facility would impact the ability to refrac a well.
He indicated the applicant has proposed to install two removable strands of fencing, so that access
to the wells may be accommodated. He further indicated the applicant believes current oil and gas
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regulations address what must be done to accommodate Kerr-McGee, the applicant is prepared
to take whatever steps necessary, and there are no issues anticipated. In response to Chair
Garcia, Mr. Groom confirmed the concerns of the surrounding property owner, Mr. Margheim, were
resolved.
No public testimony was offered concerning this matter.
Mr. Ogle recommended the addition of new Development Standard #31 to state, "Should noxious
weeds exist on the property, or become established as a result of the proposed development, the
applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to
Section 15-1-180, C.R.S." The Board concurred with the addition of Development Standard #31
with the required re -numeration. Mr. Ogle further requested the deletion of the third sentence of
Condition of Approval #1.A.7, which indicates the second access shall only be utilized as an
emergency access. In response to Commissioner Rademacher, Mr. Ogle confirmed the applicant
does not need an additional emergency access, since adequate access to the site currently exists.
Responding to Commissioner Kirkmeyer, Mr. Ogle indicated the site contains two accesses, and
the emergency access would have actually been the third access on the site; however, the access
will not be utilized. In response to Chair Garcia, Mr. Groom concurred with the proposed deletion,
and confirmed the access was constructed by a previous tenant on the property; however, the
applicant intends to abandon the access. The Board concurred with the deletion of the third
sentence of Condition of Approval #1.A.7.
Mr. Ogle indicated staff has received the required evidence from the Platteville-Gilcrest Fire
Protection District, therefore, Condition of Approval #1.F may be deleted, and the Board concurred
with the deletion. In response to Commissioner Kirkmeyer, Mr. Ogle clarified is it necessary for
Development Standard #20 to remain within the Resolution, as the letter referenced within the
language pertains to building plans, and the letter already submitted addressed other concerns,
including fire flow rates, etcetera. Further responding to Commissioner Kirkmeyer, Ms. Light
indicated the sound levels within the I (Industrial) Zone District are limited to 80 decibels from
7:00 a.m., to 7:00 p.m., and 75 decibels from 7:00 p.m., to 7:00 a.m. She indicated the level of 80
decibels is equivalent to an alarm clock or a dishwasher, and 70 decibels is equivalent to freeway
traffic noise from a distance of 50 feet away. In response to Commissioner Kirkmeyer, Mr. Ogle
indicated the offset and setback distances required by the Weld County Code for this site are 20
feet from County Road 35, and one -foot from the property line for every three -feet of building
height. Further responding to Commissioner Kirkmeyer, Mr. Ogle confirmed the lights on the
property must be directed to only illuminate the area within the facility boundaries.
In response to Chair Garcia, Mr. Groom indicated he has reviewed, and concurs with, the
Conditions of Approval and Development Standards, as amended. He further clarified the noise
levels on the site are measured from the fence line.
Commissioner Rademacher moved to approve the request of DCP Midstream, LP, for a Site
Specific Development Plan and Third Amended Use by Special Review Permit #542 for a Mineral
Resource Development Facility, including an Oil and Gas Support and Service Facility (oil and gas
processing facility) in the A (Agricultural) Zone District, based on the recommendations of Planning
staff and the Planning Commission, with the Conditions of Approval and Development Standards
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HEARING CERTIFICATION - DCP MIDSTREAM, LP (3RD AMUSR #542)
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as entered into the record. His motion included the deletion of the third sentence of Condition of
Approval #1.A.7, with the remaining language to state, "The application and aerial view reflect two
existing accesses to the facility. The main access point from County Road 35 accommodates
ingress and egress access. The access shall be placed in such a location to have adequate sight
distance in both directions and not below the crest of a hill or where physical obstructions are
present."; the deletion of Condition of Approval #1.F, with the required re -lettering; and the addition
of Development Standard #31 to state, "Should noxious weeds exist on the property, or become
established as a result of the proposed development, the applicant/landownershall be responsible
for controlling the noxious weeds, pursuant to Section 15-1-180, C.R.S.", with the required
re -numeration. The motion was seconded by Commissioner Long, and it carried unanimously.
There being no further discussion, the hearing was completed at 10:30 a.m.
This Certification was approved on the 27th day of April, 2009.
APPROVED:
Weld County Clerk to t
BY
Deputy Clerk to the Board'
BOARD OF COUNTY OIVIMISSIONERS
WELD CODO
William F. Garcia, Chair
David E. Long
2009-0941
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EXHIBIT INVENTORY CONTROL SHEET
Case 3rd AmUSR #542 - DCP MIDSTREAM, LP
Exhibit Submitted By
A. Planning Staff
B. Planning Commission
Planning Commission
D. Planning Staff
Rick and Colleen
E. Margheim
Applicant
G. Applicant
Planning Staff
Platteville/Gilcrest Fire
I. Protection District
Description
Inventory of Items Submitted
Resolution of Recommendation
Summary of Hearing (Minutes dated 4-7-09 and
03/03/09, 2009)
Memo re: Request for Continuance, dated 03/03/2009
Letter withdrawing objection, dated 04/06/2009
Letter requesting change to building permit and
amended, dated 04/14/2009
6 Maps
Certification and Photos of sign posting
Letter withdrawing objection, dated 04/21/2009
J. Planning Staff E-mail of Letter Agreement, dated 04/22/2009
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ATTENDANCE RECORD
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