HomeMy WebLinkAbout20080508.tiff HEARING CERTIFICATION
DOCKET NO. 2008-16
RE: SITE SPECIFIC DEVELOPMENT PLAN AND FOURTH AMENDED USE BY SPECIAL
REVIEW PERMIT #589 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY,
INCLUDING AN OIL AND GAS STORAGE FACILITY (CRUDE OIL STORAGE), AND AN
OIL AND GAS SUPPORT AND SERVICE FACILITY (NATURAL GAS PROCESSING,
LAND FARMING, OFFICE USE, STORAGE, PIPE FABRICATION, RESEARCH AND
DEVELOPMENT LAB,AND MEASURING EQUIPMENT REPAIR AND CALIBRATION)IN
THE A(AGRICULTURAL) ZONE DISTRICT- ENCANA OIL AND GAS (USA), INC.
A public hearing was conducted on February 27, 2008, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long - EXCUSED
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Cyndy Giauque
Planning Department representative, Chris Gathman
Health Department representative, Lauren Light
Public Works representative, David Snyder
The following business was transacted:
I hereby certify that pursuant to a notice dated February 8, 2008, and duly published February 13,
2008, in the Fort Lupton Press, a public hearing was conducted to consider the request of EnCana
Oil and Gas(USA), Inc.,for a Site Specific Development Plan and Fourth Amended Use by Special
Review(USR)Permit#589 for a Mineral Resource Development Facility, including an Oil and Gas
Storage Facility(crude oil storage), and an Oil and Gas Support and Service Facility(natural gas
processing, odorization, land farming, office use, storage, pipe fabrication, research and
development lab, and measuring equipment repair and calibration) in the A (Agricultural) Zone
District. Cyndy Giauque, Assistant County Attorney, made this a matter of record. Chair Jerke
advised the applicant's representative, Bill Crews, that he has the option of continuing this matter
to a date when the full Board will be present. However, if he decides to proceed today, it will
require three affirmative votes, or in the case of a tie vote, Commissioner Long will listen to the
record and make the determining vote. Mr. Crews indicated he would like to proceed today.
Chris Gathman, 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 amendment request will incorporate the land treatment facility and new gas compressors
which have been operating on the site subsequent to approval of Third Amended USR #589 in
July 1994. He stated the applicant is also proposing the existing office building be used by an
outside oil and gas contractor. Mr. Gathman reviewed the existing improvements on the site, as
well as surrounding land uses. In response to Commissioner Jerke, Mr. Gathman explained the
land farming process is similar to composting, and it is used to cure contaminated dirt from the oil
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HEARING CERTIFICATION - ENCANA OIL AND GAS (USA), INC. (4THAMUSR#589)
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and gas facilities. He stated the improved dirt is then re-used at EnCana facilities; it is not sold to
outside operators. Mr. Gathman reviewed the surrounding land uses, and stated the amendment
only changes the allowed uses within the existing USR boundary. He displayed photographs of
the site and surrounding land uses, and stated the Conditions of Approval require screening and
landscaping around the outdoor storage areas. In response to Commissioner Masden,
Mr. Gathman stated the applicant has been operating the land farming for several years, and the
amended permit will address the land farming and compression facilities. He further stated the site
will have up to six full-time employees and 24 part-time employees; however, this is not one of the
main EnCana headquarters facilities. Responding to Commissioner Rademacher, Mr. Gathman
stated the land farming materials are inspected by the State,and employees must login and logout
to access to the site.
Lauren Light, Department of Public Health and Environment, stated the site is serviced by an
industrial well and several septic systems. She stated the applicant will be required to install a new
system if training is conducted on the site. She further stated soil and groundwater sampling is
required, quarterly monitoring was started in 2007, and there does not appear to be any issues
of concern. Ms. Light stated a bond was posted in 2000, in accordance with Colorado Oil and Gas
Conservation Commission (COGCC)regulations, and the applicant will also need to obtain an Air
Pollution Emissions Notice (A.P.E.N.) and submit an Odor Abatement Plan for the natural gas
odorization. In response to Commissioner Jerke, Ms. Light stated if the applicant has met the
financial assurance requirements of the COGCC, they do not need to provide additional
assurances to Weld County. Responding to Commissioner Masden, Ms. Light stated the A.P.E.N.
is obtained through the Colorado Department of Public Health and Environment, and it can be
amended, if needed. She further stated the COGCC also regulates compressors.
David Snyder, Department of Public Works, stated the site is bordered by County Road 19, which
is an arterial road requiring 140 feet of right-of-way. He stated County Roads 19 and 4 had an
average daily traffic count of 660 and 90 vehicles, respectively, in 2006. He further stated the
facility will continue using all existing access points, and the applicant will be required to ensure the
accesses have a 40-foot turning radius for large truck traffic.
Bill Crews, Crews and Zeren, represented the applicant and stated the facility was originally owned
by Vessles Oil and Gas Processing Company, which had a full gas processing plant, which was
later removed. He stated this application requests approval for current, as well as anticipated
future uses, to avoid the need for further amending. Mr. Crews stated there are no firm plans to
do odorization or to build compression facilities at this time. He stated uses at the facility include
dry storage, outdoor storage, a meter shop for gas meter repair and calibration, pipe fabrication,
bulk storage tanks, and research. Mr. Crews stated the office is leased to an outside contractor
for research purposes, and the land farming is necessary to treat the soil to be reused strictly for
EnCana field use. He stated, currently, the site is unmanned, except for the research facility;
however, the application proposes up to 25 employees to allow expanded future use, if needed.
He also requested changing some of the Conditions of Approval and Development Standards,
since some of the uses may not be constructed for many years. In response to Commissioner
Rademacher, Mr.Crews stated the applicant has not come to a resolution with the Greater Brighton
Fire Protection District; however, the stored materials are not flammable. He stated there are fire
lanes, and at such time as they proceed with compressor use, then the applicant will address the
necessary requirements.
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Responding to Commissioner Masden,Cliff Roberts,Environmental Health and Safety Coordinator
for EnCana, stated he has been with the Company through various transitions during the past
eleven years. He stated, in 2001, EnCana filed for a new land farm permit from the COGCC and
established eight monitoring wells, with reports done on a quarterly basis. He stated the
groundwater has been clean since monitoring began. Mr. Roberts stated land farming must be
conducted on an impervious base, and the design also includes drainage through culverts leading
into a retention pond designed to contain a 24-hour storm event. He stated the facility has recycled
50,000 tons of soil, which have been beneficial at various production facilities. In response to
Commissioner Rademacher, Mr. Roberts stated the soil is used for structural material on EnCana
sites. Responding further to Commissioner Rademacher, Ms. Light stated the site has a permitted
industrial well. Commissioner Jerke commented County Road 19 is classified as an arterial,which
requires 140 feet of right-of-way, and he questioned whether there are any improvements within
70 feet of the centerline of County Road 19. Mr. Roberts stated there is nothing but outdoor
storage and a chain link fence within the future right-of-way, and the applicant will avoid that area
in the future. Responding to Commissioner Rademacher, Mr. Roberts stated the main access is
from County Road 19; however, there is also an access on the south from County Road 4. He
stated the Company is very proactive in providing dust control and eliminating mud tracking, in an
effort to avoid public complaint.
Gary Howard, surrounding property owner, stated he came to gain information on the proposal.
He stated he has not experienced dust problems, and his only complaint would be the placement
of large barrels on the corner of the site, which makes it difficult to see oncoming traffic.
Commissioner Masden commented the contractors also need to avoid using nail markers when
marking lines because they result in flat tires for residents in the area.
Ms. Light stated Condition of Approval #1.H should be amended to delete the second and third
sentences. Mr. Crews stated he submitted a letter and a copy of the bond, in the amount of
$50,000.00, to the Department of Public Health and Environment; however, he will also forward a
copy to Ms. Light. Mr. Crews reiterated the site is unmanned, therefore, he requested Condition
of Approval#1.A.7,regarding the designation of on-site parking, be relocated. Mr. Gathman stated
the plat needs to show the current and future uses, regardless of whether they are completed, or
not. Following discussion, Mr. Gathman verified a change to the language is not needed.
Mr. Crews referred to Condition of Approval #1.C and stated he can provide evidence of submittal
for an A.P.E.N., and the Board indicated that meets the intent of the Condition. Mr. Crews
requested Condition of Approval#1.D be deleted, since they are not doing odorization at this time.
Ms. Light stated Condition of Approval#1.E can also be deleted since the groundwater monitoring
is done by the COGCC. (Clerk's Note: Deleted Development Standards#14,#15,and#28,as they
related to Conditions#1.D and#1.E.) Mr. Crews referred to Condition of Approval#1.G and stated
a Closure Plan has been submitted to the COGCC,and he will also provide a copy to staff. He also
referred to Condition of Approval#1.J and explained employees come to the site for parts;they are
not all at once. Ms. Light stated the issue is also addressed in Development Standard #30,
therefore, Condition #1.J can be deleted. Mr. Crews stated Condition of Approval #1.M will be
addressed by submittal of a copy of the plan submitted to the COGCC for the land farming, and
Ms. Light stated staff will not require more than the COGCC. Mr. Crews stated the applicant
intends to screen the storage areas with landscaping,versus fencing. In response to Mr.Gathman,
Mr. Snyder stated there are no issues with plants in the future right-of-way. In response to
Mr. Crews, Mr. Gathman stated Condition of Approval #1.P will be satisfied once evidence is
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submitted from K.P. Kauffman. Mr. Crews stated K.P. Kauffman does not have any facilities within
the boundary of the USR, and Mr. Gathman indicated the Condition can be deleted.
Commissioner Masden moved to approve the request of EnCana Oil and Gas (USA), Inc., for a
Site Specific Development Plan and Fourth Amended Use by Special Review Permit#589 for a
Mineral Resource Development Facility, including an Oil and Gas Storage Facility (crude oil
storage), and an Oil and Gas Support and Service Facility(natural gas processing, land farming,
office use, storage, pipe fabrication, research and development lab, and measuring equipment
repair and calibration) 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 as entered into the record. His motion included deleting Conditions of Approval #1.D,
#1.E (Clerk's Note: Deleted Development Standards #14, #15, and #28, as they related to
Conditions #1.D and #1.E.), #1.J, and #1.P, modifying Condition #1.H to delete the second and
third sentences, renumbering or relettering as necessary, and removing all references to
odorization throughout the Resolution. The motion was seconded by Commissioner Garcia, and
it carried unanimously. There being no further discussion, the hearing was completed at 3:15 p.m.
This Certification was approved on the 3rd day of March, 2008.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
�k, WELD COUNTY, COLORADO
ATTEST: "'e4 c 1—, t- C _
r 3�
r im H. Jerke, Chair
Weld County Clerk to the Board'; r
yam ': Robert . M d , Pro-Tem
Dep t/ Cler o the Board
William F. Garcia
EXCUSED
David E. Lo`
+
Dougl4 Rademac r
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EXHIBIT INVENTORY CONTROL SHEET
Case 4THAMUSR#589 - ENCANA OIL AND GAS (USA) INC.
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 11/20/2007)
D. Clerk to the Board Notice of Hearing (Filed under Legals)
E. Planning Staff Memo re: Revision of Case Number
F. Planning Staff E-mail re: Clarification of revision of Case
Number, dated 01/25/2008
G. Kerr-McGee/Anadarko Letter of Opposition, dated 02/19/2008
H. Kerr-McGee /Anadarko Letter Withdrawing Opposition, dated
02/25/2008
Planning Staff Certification and Photo of sign posting
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