HomeMy WebLinkAbout20192246.tiffHEARING CERTIFICATION
DOCKET NO. 2019-73
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR19•-0011, FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY
(COMPRESSOR STATION FACILITY) ALONG WITH A TEMPORARY LAYDOWN YARD
AND UP TO FOUR (4) TEMPORARY OFFICE TRAILERS AND EIGHT (8) TEMPORARY
CONEX CONTAINERS PROPOSED TO BE ON SITE DURING CONSTRUCTION OF THE
FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT — KERR-MCGEE
GATHERING, LLC
A public hearing was conducted on June 19, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway — EXCUSED
Commissioner Scott K. James
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Jessica Reid
County Attorney, Bruce Barker
Assistant County Attorney, Karin McDougal
Planning Services Department representative, Chris Gathman
Public Works Department representative, Mike McRoberts
Health Department representative, Ben Frissell
The following business was transacted:
El I hereby certify that pursuant to a notice dated April 26, 2019, and duly published
May 1, 2019, in the Greeley Tribune, a public hearing was conducted to consider the request of
Kerr-McGee Gathering, LLC, for a Site Specific Development Plan and Use by Special Review
Permit, USR19-0011, for an Oil and Gas Support and Service Facility (compressor station facility)
along with a temporary laydown yard and up to four (4) temporary office trailers and eight (8)
temporary conex containers proposed to be onsite during construction of the facility in the
A (Agricultural) Zone District. Karin McDougal, Assistant County Attorney, made this a matter of
record.
Chair Kirkmeyer reviewed for the applicant and the public, the procedures to follow should
this case result in a tie vote, due to four (4) Commissioners being present and
Commissioner Conway excused, in which case he would have to listen to the audio and make a
decision at the next available meeting.
Chris Gathman, Department of Planning Services, presented a brief summary of the proposal,
provided the hours of operation, the number of employees going to and from the site per day, and
stated there will be a sound wall for screening and sound mitigation. He indicated the Department
of Planning Services received nine (9) letters of concern/objection, and the applicant held a
community meeting on July 31, 2018. Mr. Gathman stated the site is within the three (3) mile
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referral area of the Towns of Berthoud, Mead, Milliken, and Johnstown, and gave an overview of
the referral letter from the Town of Johnstown. He mentioned the site is in the Urban Growth
Boundary of the Town of Johnstown, stated the compressor station would be on approximately
12.9 acres of the 72 -acre site, and entered the favorable recommendation of the Planning
Commission into the record as written, on a vote of five (5) to two (2). He indicated the applicant
submitted an updated Noise Abatement Plan at the request of the Planning Commissions (PC),
and displayed images of the site, proposed layout, and surrounding views.
e Mike McRoberts, Department of Public Works, provided a brief overview of the transportation
plans and requirements, stated the site access is on County Road (CR) 44, and provided the daily
roundtrip counts and average speeds. He indicated there will be no permanent employees onsite.
The Department of Public Works (PW) will require a Road Maintenance Agreement during
construction, and he presented the drainage and grading requirements.
la Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions, reiterated there would be no permeant employees onsite, stated bottled water and
portable toilets are acceptable, and Development Standards (DS) #12-28 address Environmental
Health (EH) items.
le Nathan Keiser, applicant, displayed a PowerPoint presentation which showed Kerr-McGee's
facilities in the area, explained the rationale of the site location, indicated there were 23 people
present at the community meeting, and noted the facility operates at the Residential noise level.
He explained the concerns brought up in the community meeting and the changes made to the
application to address those concerns. He showed the site location, stated there would be a wall
around the site, provided the heights of the communication tower and compressor buildings,
explained the haul route and construction access, and mentioned a noise study had been done.
He described surrounding uses, noting several are louder than the compressor station, reviewed
construction timing and the Light Mitigation Plan, and provided details of the interactions with the
surrounding property owners (SPOs). In response to Commissioner Moreno, Mr. Keiser confirmed
the site will meet the Residential noise level, and in response to Commissioner James, he
explained the reason for using a combination of gas engines and electric motors.
le Kim Meyer, Planning and Development Director for the Town of Johnstown, reiterated the
concerns of the Town of Johnstown, as expressed in their referral letter.
le Russell Sprague, attorney with Cline Williams, represented SPOs Folker, Nygren, Wind, and
Reider. He displayed a PowerPoint presentation and cited several Weld County Code sections
outlining deficiencies in the proposed facility's design and operation standards, security, and
application. He expressed concern about the site being in a floodplain, it being "Prime" farmland,
compatibility with surrounding uses, and the health, safety, and welfare of SPOs. In response to
Commissioner Moreno, he described the communication he had with Kerr-McGee.
el Chair Kirkmeyer recessed the hearing for lunch.
Chair Kirkmeyer reconvened the hearing.
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e Lawrence Rieder, SPO, spoke about his experience with explosions in the military, and
expressed concern with the safety of the compressor station in close proximity to surrounding
homes. In response to Commissioner Moreno, Mr. Rieder confirmed he has had communication
with the applicant.
e Susy Ruof, SPO, stated she is the chairperson for the Colorado Society of School
Psychologists (CSSP) Statewide Crisis Response Team for schools, and expressed concern with
the lack of a Disaster Response Plan.
Teri Folker, SPO, expressed concern about the potential negative impact to her Home
Business (beauty shop). She stated she also has a horse arena on her property and is worried
the sound from the compressor station will be an issue, and requested the Board deny the
application.
Ei Mark Nygren, SPO, stated he lives south of the proposed facility and disagrees with this type
of operation based on incompatibility. He mentioned he supports oil and gas, but is concerned
about the noise and emissions from the compressor station.
0I Julie Nygren, SPO, explained the proposed Use is not compatible with current or future uses,
shared information from a Safety Data Sheet about the products that run through the pipelines
and health effects of these products, and stated "Prime" farmland should not be used for this
operation.
e Rodney Rutt, SPO, stated he lives one (1) mile west of the proposed compressor station, and
expressed concern with traffic on 1-25, pollution, noise, lights, and gases from the compressor
station. He indicated the station is not needed for the pipeline to work, and its purpose is to
increase profit. He explained there is an inversion in the valley where the compressor station is
proposed, and, if passed, he requested the Board limit its size and require dirt berms or walls to
direct the flames upward.
e Suzanne Rieder read a statement from her son, Alexander, who was unable to attend. She
read the proposal is incomplete, there is not an Emergency Action Plan for the specific site, there
is no air quality information or testing, and the applicant lacked preparedness at the Planning
Commission (PC) hearing. She expressed Alexander's concern about the safety and well-being
of his family and SPOs. He requested, if approved, the Board hold the applicant to strict noise
and air quality standards, and make the Emergency Action Plan available to the public.
01 Tyler Brown, SPO, stated he owns two (2) farms within one (1) mile of the proposed facility
and was in opposition due to its location and incompatibility.
• Justin Hill, SPO, stated the facility location is not ideal and gave examples of the gases being
a silent killer.
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Mr. Keiser addressed the SPO concern about the incompleteness of the application by stating
the Department of Public Works (PW) will not issue a Road Maintenance Agreement prior to
Board approval, the Final Drainage Report had been submitted to PW, and the Screening Plan
was submitted but will be modified prior to recording the USR drawings. He explained noise is not
cumulative, and the facility will operate below the ambient noise level in the area. He
acknowledged previous flooding on the site, but conveyed it is not in a floodplain, and they will
work with PW on a plan to mitigate future flooding. He indicated that continuous emission
monitoring was initially brought up by the Town of Johnstown, but due to the subjectivity of what
constitutes continuous emissions monitoring, they are not willing to commit to it at this time, but
are willing to evaluate it in the future. With regard to the future plans for the parcel to the east of
the site, he mentioned there had been no activity on the parcel since its Residential zoning
approval in 2002, and believes the facility will be compatible, from a noise standpoint, if a
neighborhood does come to fruition. Speaking to inversions in the valley, he explained they
submitted a plan to the Colorado Department of Public Health and Environment (CDPHE) to
ensure the site is compatible with surrounding areas. He confirmed they not only meet, but
exceed, all Weld County setback requirements. He indicated, knowing the site was in the Town
of Johnstown's Urban Growth Boundary, Anadarko initiated conversations with the Town early in
the application process, to give the Town plenty of time to work with Anadarko on the site. He
spoke about safety, including proper facility design, and elaborated on procedures they have in
place to safely operate the facility. Lastly, he discussed blow downs, explaining they enable
Anadarko to preventatively maintain the equipment and indicated they are typically scheduled. In
response to Commissioner Moreno's question about the procedure during emergency situations,
Mr. Keiser stated they monitor the site remotely and, in the event of an incident, it can also be
shut down manually or remotely, and the company has safeguards in place for human error. In
response to Commissioner James, he stated he would typify the use of the facility as industrial,
but not more than an oil and gas production facility, and confirmed he believes the use is
compatible. In response to Chair Kirkmeyer, Mr. Keiser addressed the details of construction,
including traffic volumes and the haul route, gave an overview of the blow down process, and
deferred to Mr. Kenyon when asked about air quality.
El Joel Kenyon, Anadarko, stated his role is air permitting and compliance. He explained the
equipment at a compressor station and the emissions associated with the equipment. In response
to Chair Kirkmeyer, he confirmed the Air Pollutant Emission Notice (APEN), issued by the
CDPHE, is area specific, so the inversion in the valley was taken into account. He indicated
Anadarko's demonstration to the CDPHE confirmed the facility's emissions are below the state
threshold, and mentioned the CDPHE has already issued the APEN. He confirmed for Chair
Kirkmeyer that the CDPHE factors in surrounding emission sources when they consider an APEN,
explained why the facility uses both electric motors and gas engines, stated the facility is designed
to reduce emissions, and lastly, he explained some of the standards for the APEN.
e In response to Chair Kirkmeyer, Mr. Keiser confirmed the type of permit the fire department
had issued, described the setbacks on the site and mentioned they exceed Weld County's
standard. He also addressed flooding, the Soil Report, Decommissioning Plan, Lighting Plan, heat
emissions, and deferred the question about security to Tony Huskey.
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e Tony Huskey, Regional Security Manager for Anadarko, described the Facility Security Plan,
and indicated the plan is shared with first responders.
e In response to Chair Kirkmeyer, Mr. Keiser reiterated why he believed the facility is consistent
and compatible with surrounding uses.
e Commissioner James stated he appreciates the professionalism of Anadarko and
Kerr-McGee. He cited Weld County Code Sections 23-2-230.6.3 and B.4 and stated he could not
find compatibility, therefore, he is opposed to the proposed Use. Commissioner Moreno stated he
believes the Use is compatible and his decision could go either way. Commissioner Freeman
stated he struggled with the fact that infrastructure (pipelines) currently existed on the site, the
property to east is zoned Residential, and indicated he is on the fence about his decision. In
response to Chair Kirkmeyer wanting to ask the public questions, Mr. Barker, County Attorney,
advised against it, and there was discussion among the Board about compatibility with future
uses.
E Mr. Keiser described the conversations he had with the Town of Johnstown and indicated
there are no plans for additional operations on this site.
• Commissioner James moved to deny the request of Kerr-McGee Gathering, LLC, for a Site
Specific Development Plan and Use by Special Review Permit, USR19-0011, for an Oil and Gas
Support and Service Facility (compressor station facility) along with a temporary laydown yard
and up to four (4) temporary office trailers and eight (8) temporary conex containers proposed to
be onsite during construction of the facility in the A (Agricultural) Zone District, based on the
findings outlined in the Resolution. The motion was seconded by Commissioner Freeman for the
purpose of continuing discussion. Commissioner James re -cited Weld County Code Sections
23-2-230.B.3 and B.4, regarding compatibility with current and future uses. In response to
Commissioners Freeman and Moreno, Chair Kirkmeyer referenced the letter from the Town of
Johnstown, and stated they made no mention of annexing the site, and she supported the denial
due to lack of compatibility. After a roll -call vote, the motion passed on a three (3) to one (1) vote,
with Commissioner Moreno being opposed to the denial. There being no further discussion, the
hearing was completed at 3:34 p.m.
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This Certification was approved on the 24th day of June, 2019.
BOARD OF COUNTY COMMISSIONERS
WEIrD COUNTY, COLOI ADO
ATTEST:
,GrdI. j G :64,
Weld County Clerk to the Board
AP": ED•. •F
ounty Attorney
Date of signature:
'Barbara Kirkmeyer, CJhair
EXCUSED
Mike Freeman, Pro -Tern
Sean . Conway
Scdlt . James
1,
Steve Moreno
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ATTENDANCE LIST
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NAME - PLEASE PRINT LEGIBLY
ADDRESS (CITY, STATE ZIP)
EMAIL
COUNTY OF
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