HomeMy WebLinkAbout20082100.tiff HEARING CERTIFICATION
DOCKET NO. 2008-48
RE: ASITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1653
FOR AN OIL AND GAS PRODUCTION FACILITY IN A PUD WITH E (ESTATE), C-1 AND
C-2 (COMMERCIAL), AND R-1, R-2, R-3, AND R-4 (RESIDENTIAL) ZONE DISTRICTS -
CARMA BAYSHORE, LLC / KERR-MCGEE OIL AND GAS ONSHORE, LP
A public hearing was conducted on July 9, 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
Commissioner Douglas Rademacher- RECUSED
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Jacqueline Hatch
Health Department representative, Lauren Light
Public Works representative, Don Dunker
The following business was transacted:
I hereby certify that pursuant to a notice dated June 20, 2008, and duly published June 27, 2008,
in the Greeley Tribune, a public hearing was conducted to consider the request of Carma
Bayshore, LLC, and Kerr-McGee Oil and Gas OnShore, LP, for a Site Specific Development Plan
and Use by Special Review (USR) Permit#1653 for an Oil and Gas Production Facility in a PUD
with E(Estate), C-1 and C-2(Commercial),and R-1, R-2, R-3,and R-4(Residential)Zone Districts.
Bruce Barker, County Attorney, made this a matter of record. Commissioner Rademacher stated
he does have an interest in the matter,therefore, he recused himself from the hearing. Chair Jerke
advised the applicant that the matter will require three affirmative votes in order to gain approval.
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 gave a brief description of the location of the 8.49-acre site, and noted only four acres will be
included in the USR boundary. She stated the applicant intends to directionally drill seven oil and
gas wells, which is compatible with the surrounding land uses, and the applicant and surface
owner, Carma Bayshore, LLC, Homeowners' Association, have entered into a Surface Use
Agreement. Ms. Hatch stated the property lies within the three-mile referral areas for the Towns
of Firestone, Frederick, and Mead, and the City of Longmont. She stated the Town of Frederick
and the City of Longmont each indicated no conflict with the proposal, no response was received
from the Town of Firestone, and the Town of Mead states the location of the access should be
between Piedra River Road and Lake Catamount Parkway. She further stated the applicant has
responded to the Town of Mead's referral, indicating the temporary construction access will be
located off of County Road 28, and a permanent access is planned off of County Road 9.5. She
stated 14 referral agencies reviewed the proposal, four did not comment, six provided comments
that have been addressed in the Conditions of Approval and Development Standards, and no
2008-2100
w /fL PL1972
HEARING CERTIFICATION - CARMA BAYSHORE, LLC / KERR-MCGEE OIL AND GAS
ONSHORE, LP (USR #1653)
PAGE 2
response was received from the Colorado Oil and Gas Conservation Commission, Colorado
Department of Public Health and Environment,Town of Firestone,or the Weld County Department
of Building Inspection. Ms. Hatch displayed photographs of the site, and stated the applicant was
granted an early release of building permits and commenced drilling in the beginning of June,2008.
In response to Commissioner Masden, Ms. Hatch reiterated there is a Surface Use Agreement for
the entire site.
Lauren Light, Department of Public Health and Environment, stated the applicant will be required
to provide bottled water and portable toilets during the drilling phase of the project, the submitted
Dust Abatement Plan has been reviewed and approved by staff, the applicant is required to submit
an Air Pollution and Emission Notice (A.P.E.N.), and staff has no concerns with the proposal. In
response to Chair Jerke, Ms. Light stated the applicant will need to address the design for the
burner for volatile organic compounds and how they intend to include them in the A.P.E.N.
Don Dunker, Department of Public Works, stated County Road 9.5 is classified as a major arterial,
which requires 140 feet of right-of-way at full buildout. He stated the average daily traffic count on
County Road 9.5, between County Roads 28 and Highway 66, taken in January 2008, indicated
approximately 2,352 vehicles per day. He further stated County Road 28 is classified as a minor
arterial, which requires 100 feet of right-of-way at full buildout, and the average daily traffic count
taken in 2003, indicated approximately 169 vehicles per day. He stated the site will have two
access points from Piedra River Road and Lake Catamount Parkway, off of County Road 9.5 to
the east, or County Road 28 to the north. He further stated there is adequate room for large trucks
to enter the site and not block the roadway, access pads will help keep the roads clean, and the
site is not within a floodplain.
Robert Spencer, Anadarko Petroleum, represented the applicant and was present to answer
questions. In response to Chair Jerke, Terry Enright, Kerr-McGee Oil and Gas OnShore, LP,
stated there will be a control device that will be hooked up to the tank battery area to lower
emissions and ensure compliance with Colorado Oil and Gas Conservation Commission
regulations. Responding to Commissioner Masden, Mr. Enright stated they do use the
environmental control devices, the burners run below 50 pounds of pressure, and they will place
low-profile 300 gallon tanks, situated at ground level, surrounded by steel berms.
No public testimony was offered concerning this matter. In response to Chair Jerke, Mr. Spencer
stated he and the applicant have reviewed, and concur with, the Conditions of Approval and
Development Standards.
Commissioner Masden moved to approve the request of Carma Bayshore, LLC, and Kerr-McGee
Oil and Gas OnShore, LP, for a Site Specific Development Plan and Use by Special Review
Permit #1653 for an Oil and Gas Production Facility in a PUD with E (Estate), C-1, C-2
(Commercial), R-1, R-2, R-3, and R-4(Residential)Zone Districts, based on the recommendations
of the 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
Long, and it carried unanimously. There being no further discussion, the hearing was completed
at 10:50 a.m.
2008-2100
PL1972
HEARING CERTIFICATION - CARMA BAYSHORE, LLC / KERR-MCGEE OIL AND GAS
ONSHORE, LP (USR #1653)
PAGE 3
This Certification was approved on the 14th day of July, 2008.
APPROVED:
y BOARD OF COUNTY COMMISSIONERS
p j WELD COUNTY, COLORADO
ATTEST: iit," ° l
,k;< "frnWilliam H. Jerke, Chair
Weld County Clerk to th' . z°- (� �\
G�1 ice/ Robert M n, Pro-Tern
BY: �1�✓/ /y �. �/1ri/. . / / i
Deputy Clerk-. the Board (. �c
William F. Garcia
EXCUSED DATE OF APPROVAL
David E. Long
RECUSED
Douglas Rademacher
2008-2100
PL1972
EXHIBIT INVENTORY CONTROL SHEET
Case USR#1653 - CARMA BAYSHORE, LLC / KERR-MCGEE OIL AND GAS ONSHORE, LP
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 06/17/2008)
D. Clerk to the Board Notice of Hearing (Filed under Legals)
E. Planning Staff Certification and Photo of sign posting
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