HomeMy WebLinkAbout20201680.tiffHEARING CERTIFICATION
DOCKET NO. 2020-23.D
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 17, 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, Diana Aungst
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 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. On June 10, 2020, the matter was continued to June 17, 2020, to
allow the applicant adequate time to submit a Noise Study for review. Bob Choate, Assistant
County Attorney, made this a matter of record.
e Diana Aungst, Department of Planning Services, noted the case was continued from last
Wednesday, June 10, 2020, to allow time for the applicant to present a Noise Plan. Ms. Aungst
deferred to the applicant to make their presentation.
E Chad Polak, Colorado Liberty Pipeline, LLC, /Phillips 66, turned the presentation over to
Monica Howard, Phillips 66 Engineering/Environmental Lead. Ms. Howard presented the Noise
Study, elaborating on the highlights, which accounted for the Weld County requirements, as well
as the Industry Standard Practices, noting there are only four (4) noise generating components
on the storage facility. Ms. Howard described an image, on the displayed PowerPoint presentation
(Exhibit J), depicting the isocontour levels of noise, accounting for the ambient noise study that
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HEARING CERTIFICATION - COLORADO LIBERTY PIPELINE, LLC (USR20-0004)
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was performed, in addition to the site's contributing noise, stating the green line depicts a 50 db(A)
level, and meets the daytime and nighttime requirements. She stated once the facility is
operational, an operational noise survey will be conducted, usually within 30 days, to confirm the
findings. She stated if the measurements do not meet the model, as expected, there are a number
of attenuation measures available, and the applicant will conduct additional surveys to meet the
standards. Commissioner James thanked the applicant for her presentation.
In response to Commissioner Kirkmeyer, Ms. Howard stated the Noise Study was based on
the equipment that will be installed at the facility and no attenuation is warranted yet, and
Mr. Polak relayed he had spoken to the landowner to the northeast, discussed screening methods
and offered the landowner compensation for the screening of his choice. Commissioner
Kirkmeyer suggested re-inserting Condition of Approval (COA) #1.E (Landscaping/Screening
Plan) and the applicant confirmed they can demonstrate what has been done and will resurvey
after construction, to comply with COA #1.C (Noise Abatement Plan). In response to
Commissioner Kirkmeyer, Ms. Howard explained they will be able to turn off the lights at night.
There was discussion about the Dark Sky Policy being added as a Development Standard (DS),
and in response to Chair Freeman, Mr. Polak described the lighting and how it will be operated.
Mike McRoberts, Department of Public Works, mentioned COA 1.6 (Final Drainage Report) can
be removed. Commissioner Kirkmeyer suggested inserting a new COA #1.B (Communication
Plan) as a means of notifying surrounding property owners (SPOs) of any unusual or out of the
ordinary work to be performed, and Mr. Polak explained a means of communicating with SPOs is
already in place. Ms. Aungst relayed COA #1.D (requirements of Farmer's Reservoir and Irrigation
Company [FRICO]), had not been met and should be added back in. Mr. Polak stated he has
been in communication with FRICO and the ditch will be realigned to flank the applicant's western
property line, instead of rerouting the ditch through another property. IR Commissioner James
stated DS #5 should be amended to read: "The screening/landscaping shall be maintained, in
accordance with the approved Landscaping and Screening Plan", and Commissioner Kirkmeyer
suggested inserting a new DS # 5 (Communication Plan), adding the Dark Sky Policy to DS #35
(Sources of light). The Board agreed to all of the aforementioned changes.
IR In response to Chair Freeman, Mr. Polak indicated they reviewed, and agreed to abide by,
the Conditions of Approval and Development Standards, as amended.
Ei No public testimony was offered regarding changes made to the Conditions of Approval and
Development Standards.
IE Commissioner James moved to approve 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, 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 Kirkmeyer, and it carried unanimously. She expressed
her appreciation to the applicant for working to ensure compatibility with the area to be a good
neighbor. There being no further discussion, the hearing was completed at 10:21 a.m.
2020-1680
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HEARING CERTIFICATION - COLORADO LIBERTY PIPELINE, LLC (USR20-0004)
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This Certification was approved on the 22nd day of June, 2020.
ATTEST: datifet) W•c1
Weld County Clerk to the Board
Deputy Clerk to the Board
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
S
Mike Freeman, Chair
Kevin D. Ross
2020-1680
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