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HomeMy WebLinkAbout20191746.tiffHEARING CERTIFICATION DOCKET NO. 2019-58 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR19-0004, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS SUPPORT AND SERVICE, NATURAL GAS PROCESSING FACILITY TO INCLUDE A 20 -MILLION STANDARD CUBIC -FOOT PER DAY (MMSCFD) TRAIN, A 60-MMSCFD TRAIN, A 200-MMSCFD TRAIN, AND A 60-MMSCFD COMPRESSOR STATION; A 5 -MV SUBSTATION, ONE (1) COMMUNICATION TOWER UP TO 70 FEET IN HEIGHT; TRANSLOADING AND UP TO TWELVE (12) TEMPORARY CONSTRUCTION TRAILERS, AND UP TO SIX (6) TEMPORARY (DURING CONSTRUCTION) CONEX CONTAINERS IN THE A (AGRICULTURAL) ZONE DISTRICT - GABEL CATTLE, LLC, CIO CURETON FRONT RANGE, LLC A public hearing was conducted on May 15, 2019, at 10:00 a.m., with the following present: Commissioner Barbara Kirkmeyer, Chair Commissioner Mike Freeman, Pro-Tem Commissioner Sean P. Conway Commissioner Scott K. James Commissioner Steve Moreno Also present: Acting Clerk to the Board, Selena Baltierra Assistant County Attorney, Bob Choate Planning Services Department representative, Kim Ogle 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 March 27, 2019, and duly published April 3, 2019, in the Greeley Tribune, a public hearing was conducted to consider the request of Gabel Cattle, LLC, c/o Cureton Midstream, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR19-0004, for Mineral Resource Development Facilities, Oil and Gas Support and Service, Natural Gas Processing Facility to include a 20 -million standard cubic -foot per day (MMscfd) train, a 60-MMscfd train, a 200-MMscfd train, and a 60-MMscfd compressor station; a 5 -MV substation, one (1) communication tower up to 70 feet in height; transloading and up to twelve (12) temporary construction trailers, and up to six (6) temporary (during construction) conex containers in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of record. Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and described the site location, including the surrounding uses. He mentioned the compatibility of the use with the surrounding area and stated there are several residences in the adjacent area. He indicated there had been no correspondence in opposition to the application and one (1) letter of support had been received. Mr. Ogle described the phases of the project and stated the initial phase will be an unmanned facility, with the full buildout of the facility employing up to 23 employees in a 24 -hour period. He provided the hours of operation to be 24 hours a day, seven (7) PL(V0ITP)1 u t5),EFI•(15 ) ben I Lo ) la IA 2019-1746 PL2666 HEARING CERTIFICATION - GABEL CATTLE, LLC, C/O CURETON FRONT RANGE, LLC (USR19-0004) PAGE 2 days a week, and described the plan, should the operation need to cease. Mr. Ogle stated 16 agencies reviewed the application and four (4) offered comments, and he entered the favorable recommendation of the Planning Commission into the record as written. Lastly, he presented images of the site and surrounding views. la Hayley Balzano, Department of Public Works, provided a brief overview of the transportation plans and requirements, and described the two (2) new, proposed accesses for the site. She provided the average daily traffic count for County Road (CR) 100, with average speeds, and indicated there will be 14-23 passenger vehicle roundtrips per day, and 10-15 truck roundtrips per day. She stated tracking control is required, mentioned the Department of Public Works (PIN) is requiring an Improvements and Road Maintenance Agreement with triggers, and stated the applicant submitted a final Drainage Report for review. In response to Chair Kirkmeyer, Ms. Balzano clarified the traffic counts and stated the numbers were associated with the post -construction period. Ben Frissell, Department of Public Health and Environment, reiterated the first phase of the project will be unmanned and at full buildout will employ 23 employees. He stated the applicant proposed a commercial well and engineered septic system, which is a Condition of Approval (COA) prior to the issuance of the Certificate of Occupancy. He indicated there will be no washing of vehicles, floor drains, chemicals, or fuel stored on the site and stated Development Standards (DS) #11-27 address Environmental Health (EH) items. . Nick Holland, Director of Health and Safety for Cureton Midstream, represented the applicant and reviewed his PowerPoint presentation. He described the site selection and displayed a map of the facilities associated with the proposed application. He noted the quarter -parcel will be split between Cureton and Gabel Cattle, displayed images and described various phases of the construction and project timeline and stated he had no correspondence with surrounding property owners (SPO). He briefly mentioned the surrounding uses and reiterated the request for two (2) access points. He provided the daily traffic counts for full buildout, and explained each phase is driven by production and future volume. Mr. Holland reflected on the Planning Commission hearing regarding the natural gas processing. Andrew Truitt, Behrens and Associates Environmental Noise Control, presented the noise model presentation, and stated the noise was tested at full buildout including all phases. He explained an Ambient Sound Level Study was completed first, displayed the data, and explained the results. He reiterated the applicant is not using the entire parcel and stated the locations of the receptors. He provided his professional recommendation based on the results of the study, including the suggested mitigation. He displayed and explained the noise contour maps and stated there would be full compliance with the requirements of the USR. In response to Commissioner James, Mr. Truitt confirmed the noise model was completed for the project at full-buildout. l' Mr. Holland did a brief overview of Cureton safety and mentioned the precautionary meetings the applicant has participated in. He stated they have been working with staff to meet the criteria 2019-1746 PL2666 HEARING CERTIFICATION - GABEL CATTLE, LLC, C/O CURETON FRONT RANGE, LLC (USR19-0004) PAGE 3 of the Code and, in response to Commissioner Conway, Mr. Holland clarified the consumer of the natural gas during its phases and at full-buildout. IR No public testimony was offered concerning this matter. Mr. Holland stated he had no questions or concerns regarding the COA or DS. In response to Commissioner James, Mr. Ogle clarified COA #1.F (concerns of the Colorado Department of Public Health and Environment), and Chair Kirkmeyer requested adding the language for the Dark Sky Policy to COA #1.C (Lighting Plan). After some discussion, staff confirmed the Noise Mitigation Plan could be added as a DS, rather than a COA, and Chair Kirkmeyer requested clarification with the language in DS #4 (number of employees). In response to Commissioner Conway, Mr. Holland stated 23 employees was consistent with their other gas plants and there was no reason to increase the number. Chair Kirkmeyer requested a new DS #6 (Noise Mitigation Plan), and to add the Dark Sky Policy language to DS #9 (lighting). 1. In response to Mr. Choate, the applicant clarified the USR boundary and after further discussion, the Board and staff agreed to add an additional Condition as COA #1.A to address the concerns for the parcel boundary. Mr. Choate reminded staff the legal description would need to be updated also. .k.j. There was no public testimony offered concerning the changes to the Conditions of Approval and Development Standards. In response to Chair Kirkmeyer, Mr. Holland indicated he had reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as amended. 2 Commissioner James moved to approve the request of Gabel Cattle, LLC, c/o Cureton Front Range, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR19-0004, for Mineral Resource Development Facilities, Oil and Gas Support and Service, Natural Gas Processing Facility to include a 20 -million standard cubic -foot per day (MMscfd) train, a 60-MMscfd train, a 200-MMscfd train, and a 60-MMscfd compressor station; a 5 -MV substation, one (1) communication tower up to 70 feet in height; transloading and up to twelve (12) temporary construction trailers, and up to six (6) temporary (during construction) conex containers 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 entered into the record. The motion was seconded by Commissioner Moreno, and it carried unanimously. There being no further discussion, the hearing was completed at 10:49 a.m. 2019-1746 PL2666 HEARING CERTIFICATION - GABEL CATTLE, LLC, C/O CURETON FRONT RANGE, LLC (USR19-0004) PAGE 4 This Certification was approved on the 20th day of May, 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLC)RADO . ATTEST: datieti :el Weld County Clerk to the Board BY APP eputy Clerk to the Board ounty • orney Date of signature: OC4(a71Iq Barbara Kirkineyer, Chair Mike Freeman, Pro -Tern EXCUSED DATE OF APPROVAL Sean,lrj. Conway K. James Steve Moreno 2019-1746 PL2666 ATTENDANCE LIST 1;15i‘ RJ\'1- 111..00 rx .lnn . NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL - COUNTY OF RESIDENCE SPEAKING (Y/N)? Ani-r-17t,;-11-9536 E. F.�Z.S mss_ R-➢ Wes" ci+r..:. a2rLC_- c, Se-ParS..r‘ (3�/ ; G���'/ c�eor 5��6�•i�Msd.5IF,.w. 7 H9..-._,... c -r IQ�.C-_.... `^lido, Ai AhTOA-i a ^l Lyra '{536 ! . l-Z.S Fro&-iesc. 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