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HomeMy WebLinkAbout20072611.tiff HEARING CERTIFICATION DOCKET NO. 2007-63 RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW PERMIT#987 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY(NATURAL GAS PROCESSING FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT - DCP MIDSTREAM A public hearing was conducted on August 15, 2007, at 10:00 a.m., with the following present: Commissioner David E. Long, Chair- EXCUSED Commissioner William H. Jerke, Pro-Tem Commissioner William F. Garcia Commissioner Robert D. Masden - EXCUSED Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Jennifer VanEgdom County Attorney, Bruce Barker Planning Department representative, Kim Ogle Health Department representative, Char Davis Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated July 27,2007,and duly published August 1,2007,in the Fort Lupton Press,a public hearing was conducted to consider the request of DCP Midstream for a Site Specific Development Plan and Amended Use by Special Review Permit #987 for a Mineral Resource Development Facility including an Oil and Gas Support and Service Facility (natural gas processing facility)in the A(Agricultural)Zone District. Bruce Barker,County Attorney, made this a matter of record and advised Patrick Groom, Attorney, 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,it will require three affirmative votes,or the matter will be deemed denied.Mr.Groom indicated he would like to proceed today. 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 east of an extension of County Road 59,which is a private access road to the Coors Energy Coal Mine,A-1 Organics,and the Waste Management disposal site. He clarified the private road crosses lands owned by Guttersen Ranch and is accessed by a locked gate. He stated the site is not located within the three-mile referral area for any municipality, and the application addresses current on-site conditions and serves as a baseline for future improvements to the site. He further stated the uses permitted on the site will be compatible with surrounding land uses,and he gave a brief description of the use on surrounding properties. Mr. Ogle stated two property owners are located within 500 feet of the facility, and no concerns have been received from surrounding property owners. He stated nine referral agencies reviewed the request and five responded with ccomments that have been addressed through the Conditions of Approval and Development Standards. Mr.Ogle displayed photographs of the site and indicated the placement 2007-2611 HEARING CERTIFICATION - DCP MIDSTREAM (AMUSR#987) PAGE 2 of the private access road. In response to Chair Pro-Tem Jerke, Mr.Ogle stated the applicant has finalized a formal written agreement for access to the site. Char Davis, Department of Public Health and Environment, stated the applicant is required to provide an Air Pollution Emissions Notice (A.P.E.N.), and a Dust Abatement Plan, and she requested several revisions to be made to the Resolution. She stated the facility is unmanned,and the office on the site will not contain restrooms. She requested Conditions of Approval #1.B and #1.D, and Development Standard #12 be deleted. She further requested Development Standard#9 be modified to state,"Bottled water shall be provided for employees." In response to Commissioner Garcia, Ms. Davis stated the applicant must provide dust abatement inside the parking and driving areas of the facility. Don Carroll, Department of Public Works, stated Interstate 76 is located south of the facility, and the access to the facility is paved. He stated there are three facilities within the immediate vicinity, including the Coors Mine. He stated the coal mining on the Coors property has ceased, and restoration of mine tailings is now completed on the property. He further stated the Waste Management and the A-1 Organics composting facilities are also in close proximity. Mr. Carroll stated all three surrounding facilities have entered into a Long-Term Road Improvements and Maintenance Agreement,and the applicant will not be required to enter into an agreement,since only one semi-trailer per day will visit the site. He stated if the use changes significantly in the future, the applicant will be required to provide road maintenance. In response to Commissioner Rademacher, Mr. Carroll reiterated coal mining is not currently being completed on the Coors Energy property; however,the company is cleaning out old mines within the Town of Blackhawk. He further stated if the mining activities were to become active,Coors Energy has a road agreement in place to address concerns on the surrounding roads. Mr.Groom stated the facility is referred to as a booster facility,which is a gas compression facility. He stated the applicant gathers gas from other oil and gas operations within the area and brings it to the station to compress the gas in order to aid in efficient flow through pipelines. He stated the facility was acquired from Associated Natural Gas,at which time the facility was not fully automated. He clarified there was an office facility on the site at one time; however, the facility has been converted to be fully automated, and is monitored by radio at the Roggen station. He stated the facility does not require on-site employees;however,employees will visit the site to take readings and to provide occasional maintenance. He also requested the Development Standards be modified to reflect the use of bottled water and portable toilets on the site. Mr. Groom stated he also represents Guttersen Ranch,and the applicant has obtained extensive Surface Use Agreements, along with the access located on lands owned by Guttersen Ranch. He further stated the applicant also accesses other portions of land owned by Guttersen Ranch to maintain pipes and to access other oil and gas drilling sites. In response to Commissioner Rademacher, Mr. Groom stated a fence is located around the perimeter of the facility, and the site is only accessible to DCP Midstream employees. No public testimony was offered concerning this matter. 2007-2611 PL0886 HEARING CERTIFICATION - DCP MIDSTREAM (AMUSR#987) PAGE 3 In response to Chair Pro-Tern Jerke, Mr. Groom indicated he concurs with the proposed modifications as previously described by Ms. Davis. He further stated he and the applicant have reviewed, and concur with, the Conditions of Approval and Development Standards. Ms. Davis reiterated the requested modifications,and the Board concurred with the proposed modifications. Commissioner Rademacher moved to approve the request of DCP Midstream for a Site Specific Development Plan and Amended Use by Special Review Permit #987 for a Mineral Resource Development Facility including an Oil and Gas Support and Service Facility(natural gas processing facility)in the A(Agricultural)Zone District,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. His motion included the deletion of Conditions of Approval #1.6 and #1.D and Development Standard#12, and the modification of Development Standard #9 to state, "Baffled water shall be provided for employees."The motion was seconded by Commissioner Garcia,and it carried unanimously. There being no further discussion,the hearing was completed at 10:25 a.m. This Certification was approved on the 20th day of August 2007. APPROVED: BOARD OF COUNTY COMMISSIONERS stiWELD COUNTY, COLORADO ATTEST: 4,444/14//4, h } l : USED 4 y t' E. Long, Chair Weld County Clerk to the Boar to%t i� Po /lam 'aiU` y? �. n if.m jJe , 0-o-Tem BY: Vertfr Deputy Clerk to the Boardtiv ate��/_ William F. Garcia TAPE #2007-24 EXCUSED Robert D. Masden l n DOCKET#2007-63 _)C�/057\,/ c✓LQ Douglas ademachec 2007-2611 PL0886 EXHIBIT INVENTORY CONTROL SHEET Case AmUSR#987 - DCP MIDSTREAM 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 06/19/2007) D. Clerk to the Board Notice of Hearing (Filed under Legals) E. Noble Energy Production, Inc. E-mail and Letter of Concern, dated 08/12/2007 F. Planning Staff Certification and photo of sign posting G. H. J. K. L. M. N. 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