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Home My WebLink About20212346.tiffHEARING CERTIFICATION DOCKET NO. 2021-46 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, 2MJUSR21-14-0013, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING OIL AND GAS SUPPORT AND SERVICE (COMPRESSOR STATION FOR NATURAL GAS AND ALL RELATED EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, EIGHT (8) COMPRESSORS, VAPOR RECOVERY UNITS, SEPARATORS, DEHYDRATORS, STORAGE TANKS, AND ONE (1) 70 -FOOT IN HEIGHT COMMUNICATION TOWER, A GLYCOL REGEN SKID, A BTEX SKID, A VAPOR RECOVER UNIT, A COALESCING FILTER SKID, PIPE RACKS, AND TWO (2) 80 -FOOT TALL LIGHTNING PROTECTION MASTS) TO ADD STOCKPILING OF TOPSOIL, RECLAIMED GRAVEL, RECLAIMED CONCRETE, ET CETERA, A LAYDOWN YARD AND MORE THAN THE NUMBER OF CARGO CONTAINERS ALLOWED BY SECTION 23-3-30 OF THE WELD COUNTY CODE (UP TO 30 CARGO CONTAINERS PROPOSED) OUTSIDE OF SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE DISTRICT - ANADARKO E & P ONSHORE, LLC A public hearing was conducted on August 11, 2021, at 10:00 a.m., with the following present: Commissioner Steve Moreno, Chair Commissioner Scott K. James, Pro-Tem Commissioner Perry L. Buck Commissioner Mike Freeman Commissioner Lori Saine Also present: Acting Clerk to the Board, Jess Reid Assistant County Attorney, Bob Choate Planning Services Department representative, Diana Aungst Public Works Department representative, Melissa King Health Department representative, Ben Frissell The following business was transacted: I hereby certify that pursuant to a notice dated June 24, 2021, and duly published June 27, 2021, in the Greeley Tribune, a public hearing was conducted to consider the request of Anadarko E & P Onshore, LLC, for a Site Specific Development Plan and Second Amended Use by Special Review Permit, 2MJUSR21-14-0013, for Mineral Resource Development Facilities including Oil and Gas Support and Service (compressor station for natural gas and all related equipment, including, but not limited to, eight (8) compressors, vapor recovery units, separators, dehydrators, storage tanks, and one (1) 70 -foot in height communication tower, a glycol regen skid, a BTEX skid, a vapor recover unit, a coalescing filter skid, pipe racks, and two (2) 80 -foot tall lightning protection masts) to add stockpiling of topsoil, reclaimed gravel, reclaimed concrete, et cetera, a laydown yard and more than the number of cargo containers allowed by Section 23-3-30 of the Weld County Code (up to 30 cargo containers proposed) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of record. CG: PLCOA/ TP/OA),PcaCm1,O, £HeSP) tOlot! 9t 2021-2346 PL2277 HEARING CERTIFICATION -ANADARKO E & P ONSHORE, LLC (2MJUSR21-14-0013) PAGE 2 El Diana Aungst, Department of Planning Services, presented a brief summary of the proposal and stated the original USR14-0013 was approved in 2014, and the first minor amendment was approved in 2018. She provided the general location of the site, hours of operation, number of employees and mentioned 17 referrals were sent out with 12 referral agencies responding. She explained the site will store equipment used to support the water needs associated with mineral exploration and production activities in the DJ Basin. She described the existing fence and landscaping, noting no additional signage or landscaping were proposed, outlined the adjacent uses, surrounding residences and USRs, and indicated notice was sent to eight (8) surrounding property owners (SPO) with no correspondence received regarding the case. She noted an approved Lighting and Landscape/Screening Plan had been received, a Road Maintenance Agreement had been requested, and stated the site is located within the Coordinated Planning Agreement (CPA) Area and three (3) mile referral area of the Towns of Firestone, Mead, Milliken and Platteville. Ms. Aungst entered the favorable recommendation of the Planning Commission into the record as written and displayed images of the site and surrounding views. Melissa King, Department of Public Works, stated the site has three (3) existing, permitted access points onto County Roads (CR) 34 and 19, and noted no other accesses are requested. She provided the daily roundtrip counts and average speeds in the area, described the existing/proposed traffic and travel routes, reiterated a Road Maintenance Agreement had been requested and relayed a Final Drainage Report had been received. Ben Frissell, Department of Public Health and Environment (EH), stated no permanent employees will be employed at the soil stockpile site, and bottled water and portable toilets are acceptable. He noted the additional storage and stockpile areas will not store fuel or other hazardous chemicals, there will be no washing of vehicles or equipment onsite, the site will operate within the Residential noise standard and Development Standards (DS) #16-31 address EH items. David Van der Vieren, Western Midstream, represented the applicant and stated Weld County Staff has been helpful and a pleasure to work with. He presented a PowerPoint presentation (PC Exhibit 1), which outlined the history of Western Midstream, stating it was a subsidiary of Anadarko E & P Onshore, LLC, which was purchased by Occidental Petroleum (OXY) in 2019, and explained since then, Western Midstream and OXY have become their own entities. He relayed OXY is the landowner, Western Midstream is the lessee, and noted the storage yard is for OXY but, per Weld County's request, Western Midstream is applying for the amendment. He described adding the storage and stockpile yard would benefit to community by creating a centralized location for OXY, in turn, increasing efficiency and reducing truck traffic. Lori Chermack, surrounding property owner, expressed concern about traffic generated by the site and explained at the hearing in 2014, Anadarko indicated there would only be one (1) to two (2) vehicles per day, with additional traffic associated with drilling. She relayed that has not been the case and the applicant has been utilizing the site for gravel, rip -rap, and dumping pipeline sludge, and provided pictures of the site (Exhibit D). She stated she has witnessed high speed traffic and the use of Jake brakes during the week and on weekends, and noted the site is not well maintained, but Anadarko has helped clean up tumbleweeds from the site, in her yard. She asserted the site is a dumping ground and eye sore and in response to Chair Moreno, indicated 2021-2346 PL2277 HEARING CERTIFICATION -ANADARKO E & P ONSHORE, LLC (2MJUSR21-14-0013) PAGE 3 she does have a working relationship with the applicant. She mentioned, initially, the applicant tried to keep truck traffic off of CR 19, but that is no longer the case and responding to Chair Moreno, acknowledged CR 19 is a public road, but relayed the applicant was not supposed to be using the site for gravel and rip -rap, which increases the daily truck traffic. El Roger Olson, surrounding property owner, stated the items proposed to be added by this amendment are already on the site. He reiterated the truck traffic is unbelievable and explained the condition of CR 19 is dissolving due to trucks traveling 70 mph and using their Jake brakes day and night. He asserted the proposed additions will make the site look like a junk yard and explained the stockpile they are applying for is already there. • In response to Commissioner Freeman, Mr. Van der Vieren confirmed there are wells and a compressor station on the site and responding to Chair Moreno, confirmed the soil stockpile has been there and stated there was a misunderstanding, when the site was built, about the stockpile being a Use by Right versus a Use by Special Review. Commissioner James relayed the company is responsible for obeying the rules and stipulations of the USR and Mr. Van der Vieren acknowledged such, stated they are seeking the amendment to be in compliance and explained they are trying to be a good neighbor by getting the soil stockpile permitted. Responding to Commissioner James, Ms. Aungst described the existing landscaping, stated there is a Condition of Approval (COA) that requires the applicant replace dead landscaping, and in response to Chair Moreno, Mr. Van der Vieren deferred the question about landscaping to Chad Brebis. • Chad Brebis, Occidental Petroleum, used the displayed site map to describe the berm, which will be used for screening, and acknowledged they are responsible for replacing dying/dead landscaping. In response to Commissioner James' question about the condition of CR 19, Ms. King reiterated a Road Maintenance Agreement is being requested, noted the application indicates the applicant does not intend to go south on CR 19, but will instead head north to U.S. Highway 34, then go east or west from there, and stated the Road Maintenance Agreement will address the issue of the deteriorating CR 19. • In response to Commissioner Freeman, Ms. Aungst explained the intent of COA #1.A (address requirements of the Weld County Office of Emergency Management) and Commissioner James suggested adding "maintenance" to COA #1.E.4 (map shall delineate landscape and screening in accordance with the accepted Landscape and Screening Plan), but Mr. Choate indicated maintenance is encompassed in DS #7. There was discussion among the Board and the applicant regarding DS #4 (hours of operation related to an emergency), but no changes were made. El In response to Chair Moreno, Mr. Van der Vieren indicated he had reviewed, and the applicant agrees to abide by, the Conditions of Approval and Development Standards, as presented. • Commissioner James moved to approve the request of Anadarko E & P Onshore, LLC, for a Site Specific Development Plan and Second Amended Use by Special Review Permit, 2MJUSR21-14-0013, for Mineral Resource Development Facilities including Oil and Gas Support and Service (compressor station for natural gas and all related equipment, including, but not limited to, eight (8) compressors, vapor recovery units, separators, dehydrators, storage tanks, 2021-2346 PL2277 HEARING CERTIFICATION -ANADARKO E & P ONSHORE, LLC (2MJUSR21-14-0013) PAGE 4 and one (1) 70 -foot in height communication tower, a glycol regen skid, a BTEX skid, a vapor recover unit, a coalescing filter skid, pipe racks, and two (2) 80 -foot tall lightning protection masts) to add stockpiling of topsoil, reclaimed gravel, reclaimed concrete, et cetera, a laydown yard and more than the number of cargo containers allowed by Section 23-3-30 of the Weld County Code (up to 30 cargo containers proposed) outside of subdivisions and historic townsites 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 presented. The motion was seconded by Commissioner Freeman and Chair Moreno expressed the Board's desire for the applicant to be a good neighbor. The motion carried unanimously, and there being no further discussion, the hearing was completed at 10:41 a.m. This Certification was approved on the 16th day of August, 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d,,a4,.O�' x[,,4,;(1 Weld County Clerk to the Board eputy Clerk to the Stev Moreno, Chair mes, Pro-Te Perry L. Bu 2021-2346 PL2277 ATTENDANCE LIST is/1 V20Z1 C I c i ) NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL COUNTY OF RESIDENCE SPEAKING (Y/N)? 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