HomeMy WebLinkAbout20191105.tiffHEARING CERTIFICATION
DOCKET NO. 2019-42
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0116, FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY (CENTRAL
GATHERING FACILITY TO RECEIVE NATURAL GAS, PRODUCED WATER AND OIL
ALONG WITH GAS COMPRESSION, GAS PROCESSING, PRODUCED WATER
RECYCLING, A SALT WATER INJECTION DISPOSAL WELL, STORAGE YARD AND
FIELD OFFICE, FIVE (5) CARGO CONTAINERS AND TWO (2) TEMPORARY
CONSTRUCTION OFFICE TRAILERS TO BE UTILIZED DURING CONSTRUCTION OF
THE FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT - ENERPLUS
RESOURCES (USA) CORPORATION
A public hearing was conducted on March 20, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem - EXCUSED
Commissioner Sean P. Conway
Commissioner Scott K. James
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Jessica Reid
County Attorney, Bruce Barker
Planning Services Department representative, Chris Gathman
Public Works Engineer representative, Hayley Balzano
Health Department representative, Ben Frissell
The following business was transacted:
I hereby certify that pursuant to a notice dated February 8, 2019, and duly published
February 13, 2019, in the Greeley Tribune, a public hearing was conducted to consider the
request of Enerplus Resources (USA) Corporation, for a Site Specific Development Plan and Use
by Special Review Permit, USR18-0116, for an Oil and Gas Support and Service Facility (central
gathering facility to receive natural gas, produced water and oil along with gas compression, gas
processing, produced water recycling, a salt water injection disposal well, storage yard and field
office, five (5) cargo containers and two (2) temporary construction office trailers to be utilized
during construction of the facility) in the A (Agricultural) Zone District. Bruce Barker, County
Attorney, made this a matter of record.
El 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
Freeman excused.
Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal, and explained there will be 15 passenger vehicles and 20 to 30 semi trucks per day
associated with the facility. He described the facility will run 24 hours a day, 365 days a year, and
noted a commercial water well and septic system are proposed. He stated the facility is proposed
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to service a ten (10) inch, low-pressure gas line, a six (6) to eight (8) inch oil pipeline, a four (4)
to six (6) inch produced water line, and a high-pressure gas discharge pipeline that will exit the
facility to the east. Mr. Gathman indicated the proposed facility is one (1) mile from the nearest
residence, and in response to a letter of concern from a surrounding property owner (SPO), the
applicant moved the facility away from the nearest residence. He stated the access is on County
Road (CR) 90 and noted one (1) person spoke at the Planning Commission (PC) hearing with
concerns regarding noise and traffic. He explained the site is located within the three (3) mile
referral area and is partially within the Coordinated Planning Agreement Boundary of the Town of
Severance, which responded stating the site is located outside the Town's Growth Management
Area. He noted 15 referrals were sent out and six (6) were returned. In response to Commissioner
Moreno and Chair Kirkmeyer, Mr. Gathman repeated the pipeline sizes, and confirmed Black
Hollow Acres is a residential subdivision. He displayed images of site and surrounding properties,
and entered the favorable recommendation of the Planning Commission into the record as written.
• Hayley Balzano, Department of Public Works, provided a brief overview of the transportation
plans and requirements, indicated there is a private easement to access the property from CR 90,
provided daily roundtrip traffic counts and speeds, and stated a Traffic Impact Study had been
submitted by the applicant. She explained tracking control will be required, provided examples of
acceptable methods, and noted there will be an Improvements Agreement (IA) and a Road
Maintenance Agreement (RMA) required. She presented the drainage and grading requirements
and in response to Commissioner Conway, Ms. Balzano repeated the traffic count information.
• Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions and stated there will be five (5) full-time employees and three (3) part-time employees,
and the applicant proposed a commercial well and engineered septic system be installed. He
explained Colorado Oil and Gas Conservation Commission (COGCC) approval is required for
recycling operations, and a Ground Water Monitoring Plan and Offload Pad Design are required
prior to the treatment or disposal of waste. He stated Development Standards (DS) #9-32 address
Environmental Health (EH) items.
Jacob Everhart, applicant, presented a PowerPoint showing timeline history and future plans
of the facility. In response to Chair Kirkmeyer, Mr. Everhart confirmed they have permits for the
wells. He continued his presentation with an overview of the project, and displayed images of the
proposed facility, berm, existing pads, and truck routes. He stated they hosted a community
outreach event on December 13, 2018, and 14 people attended and expressed concerns primarily
about traffic and noise. He reiterated what Mr. Gathman stated about moving the facility in
response to concerns from SPOs, and indicated an Ambient Noise Study had been completed
and a Noise Modeling Analysis is planned for the coming weeks. He ended his presentation by
explaining the key benefits as being traffic, road safety, and road condition improvements. In
response to Commissioner Conway, Mr. Everhart explained the administration building was
crossed off in the PowerPoint because they have leased a building in Pierce, Colorado, instead.
• No public testimony was offered concerning this matter.
• In response to Chair Kirkmeyer, Mr. Everhart confirmed he had a signed agreement from all
property owners with regard to the access, and also confimed the Ambient Noise Study had been
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submitted to Planning staff. At Chair Kirkmeyer's request, Ryan McLaughlin, Facilities Engineer
with Enerplus Resources (USA) Corporation, explained the specifics of the noise study. In
response to Commissioner Conway, Mr. McLaughlin indicated the berm will mitigate noise, and
in response to Commissioner Moreno, he confirmed there will be a six (6) foot, chain link fence
around key areas of the property. Commissioner James asked the Board how it will enforce noise
standards and Chair Kirkmeyer explained it will be done through the DS.
Chair Kirkmeyer suggested deleting Condition of Approval (COA) #1.A (Traffic Impact
Study) as it has already been submitted, the second sentence in COA #1.B (IA and RMA
agreement provisions), and COA #1.D (access agreement) since it has already been submitted.
She suggested adding language to COA #1.E to indicate the location and acceptable types of
visual mitigation, and add the Dark Sky Policy language to COA #1.F. Commissioner Kirkmeyer
suggested adding a new COA #1.E (Decommissioning Plan). In COA #I.G.10 she suggested
deleting the "s" in locations, and deleting COA #7.A (construction drawings). She suggested
adding a new DS #7 (Decommissioning Plan), a new DS #8 (Communications Plan), a new DS
#9 (Lighting Plan). The Board agreed with all of the proposed changes. In response to
Commissioner Conway, the applicant stated (8) employees was sufficient for DS #4. Chair
Kirkmeyer asked Mr. Frissell about portable toilets after construction and he stated they can leave
them on site and use them after construction if they choose. Chair Kirkmeyer suggested deleting
DS #29 as it is written and add a new DS #29 to address noise mitigation screening during
construction. She also suggested separating DS #23 (contaminated soils and spills) so the first
sentence is DS #23 (contaminated soils) and the second sentence is a new DS #24 (spills), and
adding the Dark Sky Policy language to DS #41. The Board agreed to all of the changes.
In response to Chair Kirkmeyer, Mr. Everhart indicated he had reviewed, and agreed to abide
by, the Conditions of Approval and Development Standards, as amended.
ID No public testimony was given in regards to changes to COA and DS.
Commissioner Conway moved to approve the request of Enerplus Resources (USA)
Corporation for a Site Specific Development Plan and Use by Special Review Permit,
USR18-0116, for an Oil and Gas Support and Service Facility (central gathering facility to receive
natural gas, produced water and oil along with gas compression, gas processing, produced water
recycling, a salt water injection disposal well, storage yard and field office, five (5) cargo
containers and two (2) temporary construction office trailers to be utilized during 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 Moreno, and it carried unanimously.
There being no further discussion, the hearing was completed at 10:57 a.m.
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This Certification was approved on the 25th day of March, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLQRADO
ATTEST: dvt) ;4,
Weld County Clerk to the Board
BY:
Deputy Clerk t
APP F OVED AS
County ttorney
Date of signature: I-NCl/Iq
rbara Kirkmeyer, Chair
EXCUSED
Mike Freeman, Pro -Tern
K. James
Steve Moreno
2019-1105
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