HomeMy WebLinkAbout20200829.tiffHEARING CERTIFICATION
DOCKET NO. 2020-26.C
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR19-0073, FOR OIL AND GAS SUPPORT AND SERVICE, INCLUDING THREE
(3) GAS COMPRESSORS AND RELATED EQUIPMENT, UP TO FIVE (5) TEMPORARY
CONSTRUCTION OFFICE TRAILERS AND TEN (10) TEMPORARY CONEX
CONTAINERS FOR USE DURING THE CONSTRUCTION OF THE FACILITY IN THE
A (AGRICULTURAL) ZONE DISTRICT - PETERS 313 RANCH, INC., C/O HIGHPOINT
OPERATING CORPORATION
A public hearing was conducted on May 13, 2020, at 10:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Steve Moreno, Chair Pro -Tern
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, Kim Ogle
Public Works Department representative, Mike McRoberts
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated February 10, 2020, and duly published
February 14, 2020, in the Greeley Tribune, a public hearing was conducted on March 18, 2020,
to consider the request of Peters 313 Ranch, Inc., c/o HighPoint Operating Corporation, for a Site
Specific Development Plan and Use by Special Review Permit, USR19-0073, for Oil and Gas
Support and Service, including three (3) gas compressors and related equipment, up to five
(5) temporary construction office trailers and ten (10) temporary conex containers for use during
the construction of the facility in the A (Agricultural) Zone District. On March 18, 2020, the matter
was continued to April 29, 2020, due to the COVID-19 event and to protect the health, safety, and
welfare of the general public. On April 29, 2020, due to the ongoing COVI D-19 event and to protect
the health, safety, and welfare of the general public, the board deemed it advisable to continue
the matter to May 13, 2020. Bob Choate, Assistant County Attorney, made this a matter of record.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal,
stating the facility location is within three (3) miles of Laramie County, Wyoming, which did not
return a referral response. He stated there are three (3) residences located in the general vicinity,
with the Peters Ranch being nearest to the facility. Mr. Ogle described the location of HighPoint
Fox Creek 33 compressor site and the existing pipeline infrastructure, stating the permitted uses
would be compatible with existing surrounding land uses, including dry -land pasture grasses and
oil and gas encumbrances. He relayed HighPoint will be required to mitigate potential on -site
transient lighting and noise generated by the facility through a combination of equipment
engineering measures maintained to comply with the applicable noise standard for the proposed
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2020-0829
PL2744
HEARING CERTIFICATION - PETERS 313 RANCH, INC., C/O HIGHPOINT OPERATING
CORPORATION (USR19-0073)
PAGE 2
facility. Additionally, once construction is complete, the disturbed area will be replanted with native
grasses compliant with Weld County seed mix requirements. Mr. Ogle noted there are Special
Use Permits in the general area, which he described for the record, as well as multiple HighPoint
well pads adjacent to the site, with several more to the east. He relayed HighPoint developed an
Emergency Maintenance Agreement in case of a shutdown and other emergencies on demand,
the site will be fully fenced for security, a signed Emergency Action Plan is required, and an Air
Pollution Emission Notice (APEN) has been filed with the Colorado Air Pollution Control Division.
He relayed should operations cease, HighPoint will remove the equipment in accordance with the
Colorado Oil and Gas Conservation Commission (COGCC) regulations and reclaim the site to its
original condition. Mr. Ogle stated eleven referral agencies reviewed this case, two (2) offered
comments on the specific Conditions of Approval (COA) and Development Standards (DS), and
Planning Staff did not receive any communication from surrounding property owners regarding
this application. He entered the favorable recommendation of the Planning Commission into the
record as written and displayed images of the site and surrounding views.
• Mike McRoberts, Department of Public Works, provided a brief overview of the transportation
plans and requirements, stating access is on County Road (CR) 132, adding there are no traffic
counts available in the area. Mr. McRoberts relayed the post -construction traffic associated with
the site and stated the Department of Public Works is requiring a Road Maintenance Agreement,
for construction only. He clarified because the project accesses onto a county -maintained gravel
road, permanent tracking control will be required. He stated the applicant has submitted a
Preliminary Drainage Report for review, and a Final Drainage Report completed by a Colorado
Licensed Professional Engineer, is required. He confirmed a Weld County Grading Permit will be
required if more than one (1) acre of land is disturbed during construction.
• Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, noting that there are no permanent employees onsite, so a screened portable toilet
and bottled water are acceptable, and typical waste and dust standards are included. She relayed
the applicant submitted a Noise Modeling Plan, complying with commercial noise standards,
except for one point on the north side of the property, which has been addressed by DS #28,
permissible noise level. She stated DS #18 - 33 are typical for compressor stations.
• Doug Dennison, High Point Resources representative, reiterated the access is on CR 132
and stated, as part of an agreement with Mr. Peters, no associated traffic will use CR 136.5, which
passes in front of the Peters' home. He acknowledged the noise modeling showed a slight
increase on the north side, and without any mitigation there would also be an increase on the
west side of the facility, therefore, the applicant is willing to build a sound wall along the west side
of the facility. Mr. Dennison requested imposing the Light Industrial noise standard since there
are no residences to the west. He also requested DS #11 (show and label the entrance gate) be
deleted, as it does not apply to this application. In response to Commissioner Ross,
Mr. McRoberts confirmed an Access Permit will be granted on CR 132. Chair Freemen stated
DS #11 reads "if applicable".
• No public testimony was offered concerning this matter.
2020-0829
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HEARING CERTIFICATION - PETERS 313 RANCH, INC., C/O HIGHPOINT OPERATING
CORPORATION (USR19-0073)
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• Commissioner Ross commended the applicant for proposing noise mitigation measures and
the Board agreed to modify DS #28 (Light Industrial Noise Standard). In response to
Commissioner Kirkmeyer, Mr. Ogle proposed the addition of a new DS #8 (approved Lighting
Plan). eMr. Choate, after a discussion with Ms. Light, suggested removal of the last two lines
of DS #28 concerning a northern boundary exception.
• No public testimony was offered regarding changes made to the Conditions of Approval and
Development Standards.
▪ In response to Chair Freeman, Mr. Dennison indicated he had reviewed, and on behalf of the
applicant, agreed to abide by the Conditions of Approval and Development Standards, as
amended.
i Commissioner Moreno moved to approve the request of Peters 313 Ranch, Inc.,
do HighPoint Operating Corporation, for a Site Specific Development Plan and Use by Special
Review Permit, USR19-0073, for Oil and Gas Support and Service, including three (3) gas
compressors and related equipment, up to five (5) temporary construction office trailers and
ten (10) temporary conex containers for use during the construction of the facility 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 amended. The
motion was seconded by Commissioner Ross, and it carried unanimously. There being no further
discussion, the hearing was completed at 10:45 a.m.
This Certification was approved on the 18th day of May, 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: die/LA) Ce( jCl ►•
Weld County Clerk to the Board t�t,
Mike Freeman, Chair
Stev:/ oreno, Pro-Tem
eputy Clerk to the Board
2020-0829
PL2744
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