HomeMy WebLinkAbout20201745.tiffHEARING CERTIFICATION
DOCKET NO. 2020-23.C
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR20-0004, FOR OIL AND GAS STORAGE FACILITIES (FOUR (4) 200,000 BBL
STORAGE TANKS, AND ASSOCIATED APPURTENANCES) IN THE
A (AGRICULTURAL) ZONE DISTRICT — COLORADO LIBERTY PIPELINE, LLC
A public hearing was conducted on June 10, 2020, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Steve Moreno, Chair Pro-Tem
Commissioner Scott K. James
Commissioner Barbara Kirkmeyer
Commissioner Kevin D. Ross
Also present:
Acting Clerk to the Board, Jan Warwick
Assistant County Attorney, Bob Choate
Planning Services Department representative, Diana Aungst
Public Works Department representative, Mike McRoberts
Health Department representative, Lauren Light
The following business was transacted:
ID I hereby certify that pursuant to a notice dated February 24, 2020, and duly published
February 28, 2020, in the Greeley Tribune, a public hearing was conducted on April 1, 2020, to
consider the request of Colorado Liberty Pipeline, LLC, for a Site Specific Development Plan and
Use by Special Review Permit, USR20-0004, for Oil and Gas storage facilities (four (4) 200,000
BBL storage tanks, and associated appurtenances) in the A (Agricultural) Zone District. On
April 1, 2020, the matter was continued to May 13, 2020, due to the COVID-19 event and to
protect the health, safety, and welfare of the general public. On May 13, 2020, the Board deemed
it advisable to continue the matter to June 10, 2020, to allow the matter to be heard by the
Planning Commission on May 19, 2020, pursuant to a new notice dated April 17, 2020, and duly
published on April 22, 2020. Bob Choate, Assistant County Attorney, made this a matter of record.
e Diana Aungst, Department of Planning Services, presented a brief summary of the proposal,
described the site location and relayed 15 referrals were sent out with nine (9) responses stating
no concerns or offering comments which have been addressed in the Conditions of Approval
(COA) and Development Standards (DS). She stated the applicant is proposing the Platteville
Terminal, which is intended to handle batch delivery and receipt of crude oil, described the storage
capabilities and the route of the 700 -mile, 24 -inch diameter pipeline. She stated during
construction there will be an average workforce of 50 workers, over the ten (10) to 12 months of
construction, with a peak workforce of up to 80 workers, for up to two (2) months. She described
the terminal hours of operation, stated the applicant anticipates an average workforce of eight (8),
with a maximum of 15 on -site employees, Monday through Friday, relayed the terminal will be
closed to the public, and visitors would be limited to employees and deliveries, as needed. She
provided details about the parking, lighting and signage and mentioned the applicant is proposing
a 4,000 -gallon underground sump tank and a well will be designed as a source of potable water.
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She described the on -site substation and surrounding adjacent uses, including two (2) residences
within 500 feet of the site. Ms. Aungst mentioned notices were sent to seven (7) surrounding
property owners (SPOs), and one (1) phone call was received with concerns about lighting. She
relayed a photometric plan was received from the applicant showing zero -foot candles at the
property line and the lighting will not spill onto neighboring properties. She stated the site is not
located within an Intergovernmental Agreement area, Cooperative Planning area, Regional
Urbanization Agreement area or an Urban Growth Boundary. Ms. Aungst entered the favorable
recommendation of the Planning Commission into the record as written and displayed images of
the site and surrounding views. El In response to Commissioner Ross, Ms. Aungst displayed
the slide depicting the residences near the site location and the location of the storage tanks.
Mike McRoberts, Department of Public Works, provided a brief overview the site access from
County Road (CR) 30, which is a paved collector road. He detailed the daily roundtrip counts and
average speeds, explained there will be up to 80 assorted vehicle daily roundtrips during
construction, and post -construction there will be up to 22 passenger vehicle daily roundtrips with
an occasional semi -trailer. Mr. McRoberts relayed a Road Maintenance Agreement will be
required, along with tracking control, a Final Drainage Report has been reviewed and approved,
and as a result COA #1.6 (Final Drainage Report) can be deleted. Lastly, he stated a Grading
Permit will be required if more than one (1) acre is disturbed.
e Lauren Light, Department of Public Health and Environment, explained a commercial well
and an engineered commercial septic system will be installed, prior to issuance of a Certificate of
Occupancy for the office warehouse. She indicated an Air Pollution Emissions Notice (APEN)
Permit may be required, a Spill Prevention, Control and Countermeasure (SPCC) Plan shall be
on -site at all times, and secondary containment for the tanks is required. She stated, because the
tanks are over 40,000 gallons, they are regulated by the Colorado Oil and Gas Conservation
Commission (COGCC), noise is limited to the Residential level, the typical dust and waste items
are included and DS #17 — 34 address Environmental Health items.
ID Chad Polak, Colorado Liberty Pipeline, LLC, narrated a PowerPoint presentation (Exhibit H),
and introduced the Project Manager, Joe Frontha. He reiterated the total pipeline project will be
approximately 720 miles, described the route it will take, and stated the pipeline will adhere to all
local, state and federal regulations. He relayed the Colorado Liberty Pipeline Project is a joint
venture of Phillips 66 and Casper WY Bridger Pipeline, LLC, described the values of the company,
and outlined the Terminal Operations Integrity Management Plan, which ensures mechanical
integrity, safety and reliability of the operations. He relayed the site selection criteria, which
included the location of the power supply, proximity to third -party suppliers, size, no pre-existing
environmental risks, non -producing farmland and no sensitive environmental resources. He
displayed an overview of the proposed facility, explained the layout of the tanks, the construction
schedule, the current status of the permits required, pre- and post -construction noise mitigation,
and lighting that will have zero lumens at the property line. He stated aesthetics were offset from
the property, described the two (2) wells and their locations, and acknowledged the facility will
follow Weld County specifications.
In response to Commissioner Kirkmeyer, Mr. Polak displayed the schematic of the site at full
buildout, describing the location and size of the substation, as well as future tank location.
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• Monica Howard, Phillips 66, responded to Commissioner Kirkmeyer confirming the tanks will
remain white, the site will be stabilized and revegetated similar to existing terminals in the area,
and there will be no landscaping, burming or screening, because screening of terminals has not
historically been successful.
• Rich Werner, Upstate Colorado Economic Development (Upstate Colorado), mentioned
Upstate Colorado has been working on the project, as it relates to the Company, and is
appreciative of the project, especially in light of the current issues in the oil and gas industry. He
affirmed Upstate Colorado is in support of the project that is investing in necessary and needed
infrastructure to help grow capacity for this industry, and create jobs and revenue, as it relates to
taxes, and will stimulate the economy. He stated the applicant has established a professional
process that could help the industry rebound and they are a great community partner.
• In response to Commissioner Ross, Mr. Polak relayed he had spoken to the resident to the
east who asked about lighting and noise. the property to the west had a change in ownership in
the last year and the new homeowner asked about lighting; however, their contact information
was invalid and despite an attempted site visit, he was unable to contact the new resident. In
response to Commissioner Kirkmeyer, Mr. Polak explained the Department of Oil and Gas Energy
had asked them to separate a single Location Assessment of Pipeline (LAP) permit to two LAP
permits, and they are currently working on that. He further stated they are at 99% of landowners
required for easements. In response to Commissioner Kirkmeyer, Ms. Aungst provided the
approval dates of the surrounding USRs and Mr. Frontha explained the substation is at 69 Kv and
will be downgraded to 25 Kv, and Mr. Choate confirmed the substation will be an appurtenance
of the property.
• Commissioner Kirkmeyer stated she would like to see a Noise Study, a Lighting Plan to
include the Dark Sky Policy, a Landscape and Screening Plan, and a Communication Plan to
ensure the site is compatible with the area. In response to Commissioner James, Mr. Polak
confirmed the Noise Study was completed, Ms. Howard described the procedure taken for the
Noise Study requirement and stated a Noise Attenuation Plan will be submitted to meet the
Residential Standard. In response to Commissioner Kirkmeyer, Ms. Light directed the Board to
the requirement of the Emergency Action Plan as COA #6.A and DS #7.
E There was discussion among the Board and applicant's representatives regarding the
evidence of a Noise Study as part of the public record and various other plans require as
Conditions of Approval; however, the Board did not approve any additions or changes to the
Resolution, since the Board specifically requested a copy of the Noise Study be submitted for
review.
e Commissioner Kirkmeyer moved to continue the request of Colorado Liberty Pipeline, LLC,
for a Site Specific Development Plan and Use by Special Review Permit, USR20-0004, for Oil
and Gas storage facilities (four (4) 200,000 BBL storage tanks, and associated appurtenances)
in the A (Agricultural) Zone District, to June 17, 2020, at 10:00 a.m., to allow the applicant
sufficient time to submit the Noise Study. The motion was seconded by Commissioner Moreno,
and it carried unanimously. There being no further discussion, the hearing was completed at
10:58 a.m.
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HEARING CERTIFICATION - COLORADO LIBERTY PIPELINE, LLC (USR20-0004)
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This Certification was approved on the 15th day of June, 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: da:M04),do;ede,
Weld County Clerk to the Board
BY:
ty Clerk to the Boar
Mike Freeman, Chair
oreno, Pro -Tern
Kevin D. Ross
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ATT- DANCE LIST
NAME - PLEASE PRINT LEGIBLY
ADDRESS (CITY, STATE ZIP)
EMAIL
COUNTY OF
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