HomeMy WebLinkAbout20190267.tiffHEARING CERTIFICATION
DOCKET NO. 2019-07.A
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0106, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, INCLUDING
OIL AND GAS SUPPORT AND SERVICE (COMPRESSOR STATION FACILITY) ALONG
WITH A 60 -FOOT COMMUNICATION ANTENNA IN THE A (AGRICULTURAL) ZONE
DISTRICT - GARY HOWARD, JOHN AND DIANA HOWARD, AND D&C FARMS, LLLP,
C/O ROCKY MOUNTAIN MIDSTREAM, LLC
A public hearing was conducted on January 9, 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, Frank Haug
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 November 16, 2018, and duly published
November 21, 2018, in the Greeley Tribune, a public hearing was conducted to consider the
request of Gary Howard, John and Diana Howard, and D&C Farms, LLLP, do Rocky Mountain
Midstream, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR18-0106, for Mineral Resource Development Facilities, including Oil and Gas Support and
Service (compressor station facility) along with a 60 -foot communication antenna in the
A (Agricultural) Zone District. Frank Haug, Assistant County Attorney, made this a matter of
record.
Chris Gathman, Department of Planning Services, presented a brief summary of the proposal
and stated the applicant is requesting a compressor station for up to eight (8) compressors. He
indicated the building will cover approximately 150,000 square feet, and further explained there
would be six (6) gas compressors and the potential for two (2) electrical compressors. He stated
the facility will include a slug catcher and separator, metering equipment, three (3) dehydration
systems, three (3) enclosed combustors, a motor control center (MCC) building, instrument air
building, and slop tanks. He indicated the proposed facility will be located on a Subdivision
Exemption parcel, SUBX18-0031, which is approximately ten (10) acres on a 155 -acre parcel.
Mr. Gathman stated portable toilets and bottled water will be available during construction and
the facility will be screened. He provided the site location in proximity to the nearest residences
and mentioned an email was received from a surrounding property owner (SPO) concerning the
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HEARING CERTIFICATION - GARY HOWARD, JOHN AND DIANA HOWARD, AND D&C
FARMS, LLLP, 0/O ROCKY MOUNTAIN MIDSTREAM, LLC (USR18-0106)
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compatibility of the use in a rural agricultural area or region, and further suggested berming. He
stated the applicant held a neighborhood meeting on June 12, 2018, where the applicant provided
details on the lighting and noise mitigation. Mr. Gathman indicated the applicant is required to
submit a Communication Plan, Noise Abatement Plan, Lighting Plan, and Landscape and
Screening Plan, and mentioned the site is located within the three (3) mile referral areas of the
Cities of Northglenn and Dacono. He provided a summary of the City of Dacono's referral and
stated the proposed facility is located on a parcel designated as "Prime." Mr. Gathman explained
15 referrals were sent out and 11 were returned with concerns addressed as Conditions of
Approval (COA) and Development Standards (DS). He provided images of the site and
surrounding views and indicated the site access if off of County Road (CR) 17. He entered the
favorable recommendation of the Planning Commission into the record as written.
• Hayley Balzano, Public Works Engineer representative, provided a brief overview of the
transportation plans and requirements, and stated the proposed access is from CR 17. She
provided the average daily traffic counts to include truck percentages, she indicated there will be
four (4) daily roundtrips after construction, and Tracking Control is required during construction.
She stated the Department of Public Works is requiring a Road Maintenance Agreement, which
would address dust control and damage repair to specified haul routes. She mentioned the
applicant has completed COA #1.C regarding a Final Drainage Report and proposed to delete
the standard. She presented the drainage and grading requirements, and in response to
Commissioner Freeman, Ms. Balzano clarified "During construction" needed to be added to
COA #1.B.
• Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions, and stated there will be no permanent employees on the site. He indicated portable
toilets and bottled water are deemed acceptable and DS #14-29 address Environmental
Health (EH) items.
• Matt Norton, represented the applicant and reviewed his PowerPoint presentation. He
provided a company overview, described the management, reviewed the applicant's track record
regarding safety and compliance, and displayed images of the site. He stated the site is
approximately ten (10) acres and indicated on the map where there will be screening to address
concerns regarding noise and lighting. Mr. Norton described the general design of the compressor
station, stated the property is enclosed with a restricted gate, and mentioned the equipment and
buildings are painted to blend in with the surrounding area. He emphasized and described the
safety culture of the applicant, and mentioned there is a written Emergency Response Plan with
the County. Mr. Norton stated there is a required Colorado issued air permit, explained some of
the mitigation for emissions and noise, and indicated the site will have a Spill Prevention Control
and Countermeasures (SPCC) Plan. He described the compressor station's operations and the
safety features and mentioned the applicant's involvement in the community.
Bill Wycoff, SPO, provided a handout packet (Exhibit G) outlining his concerns with the
proposed facility, which included talking points and a signed petition. He stated it is County policy
to promote, encourage and stimulate clean air and renewable energy. He referenced additional
materials he submitted prior to the hearing (Exhibits D and E) and referenced the Comprehensive
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Plan of the Weld County Code regarding oil and gas and alternative energy resource goals and
policies. He mentioned Boulder County's Code and Policies, and compared the proposed facility
to the Buffalo Compressor Station. He reviewed the emissions raw data for the facility, as
submitted to the Colorado Department of Public Health and Environment (CDPHE), and
suggested the adjacent Tri-state Substation provide energy to the proposed facility. Mr. Wycoff
explained the advantages to electric motors, and mentioned combustion cycles. He stated Xcel
is striving to be carbon free by 2050, and referenced articles on pollution and the ozone layer. He
explained the application submitted to the CDPHE is for three (3) compressor stations; however,
the full buildout of the facility is six (6) and he expressed concerns regarding an impact analysis
trigger for emissions. He described the topography of the site location and pollution emissions of
adjacent uses. He referenced the petition, with 34 signatures, and provided the household
locations with proximity to the site. He stated his concerns regarding the health and environmental
impacts, and requested the Board consider electric motors and/or require a cumulative modeling
impact analysis to include the full buildout. In response to Commissioner Conway, Mr. Wycoff
stated he did not do an analysis of the pollution that would be produced by the electricity to bring
the energy to the compressors. Mr. Wycoff further explained the combustion cycles, and reiterated
it would be positive to switch from engines to gas driven turbines to produce electricity. He
explained the high tension line comes out of Fort Morgan, which he believes is accessible and
cleaner. He stated there is an opportunity to have an electric facility now, and Commissioner
Conway explained his knowledge of air quality in the North Front Range, which has decreased in
ozone.
Chair Kirkmeyer stated she did not agree it was relevant for Mr. Wycoff to study the source
of a powerplant not located in the area. She appreciated him considering the relevancy of the
land use application in the area and what it does to the immediate area. She added for the record
she was at the appeal meeting where it was explained the Greeley tower is at .071 and the Fort
Collins west tower is at .076. She indicated the County has made great strides; however, at this
point, the County is not in compliance with the United Stated Environmental Protection Agency
(EPA) standards.
Lisa and Bob Sandoval, SPO, indicated their home is shown in the pictures displayed as in
the floodplain. Ms. Sandoval stated she and her husband support the oil and gas industry;
however, they feel they will have the most immediate impact from this facility. She explained their
own USR process for their home in the floodplain and stated there is a problem with their quality
of life and potential health issues. She agreed with Mr. Wycoff regarding the impact study for the
total buildout, and indicated they did not know about the neighborhood meeting. Mr. Sandoval
stated his concern is having the creek behind them and how the air circulates with emissions.
Ms. Sandoval stated there will be a cumulative impact.
Hazel Frank, SPO, stated she is not concerned with visual mitigation and expressed
happiness regarding the noise standard change at the Planning Commission (PC) hearing. She
indicated she educated herself on emissions from adjacent facilities and reiterated concerns for
the applicant applying for eight (8) compressors in their USR, and only three (3) compressors
through the CDPHE permitting process. She requested the Board consider how many facilities
they will allow in one area, and further asked the Commissioners to impose a standard for
screening industrial facilities in agricultural -residential areas.
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FARMS, LLLP, C/O ROCKY MOUNTAIN MIDSTREAM, LLC (USR18-0106)
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El Bad Stoneback, SPO, reiterated electric motors are available and stated the concentration
in the area is "ridiculous." He referenced various articles regarding emissions, and indicated the
SPOs are not opposed to the site; however, they do expect the Commissioners to "watch their
back." He expressed concern regarding the traffic pattern, and stated the industrial facilities are
overtaking the agricultural area. He mentioned the minerals are coming from other places, but the
facilities are using the area to compress and export it. He provided Anadarko as an example for
road damage, and the road improvements completed by Weld County, which he speculated this
facility's traffic may ruin. He reiterated the traffic should come from the north and not the south.
Chair Kirkmeyer closed the public hearing.
IR Mr. Norton addressed the concerns of the neighbors, reiterated the facility was designed to
meet the Residential noise standard, and indicated they do before, after, and ongoing testing
regarding noise. He mentioned the facility is out of the floodplain, and the company is not against
using electric motors to power compression. He explained the process for obtaining an Air
Emissions Permit, versus a USR permit are distinctly different, and the applicant elected to show
PC and the Board what the full buildout could look like. He indicated the producers have only
committed to three (3) compressors and if they wanted to expand to eight (8) compressors, they
would have to return to the CDPHE for an amendment. Mr. Norton explained emissions mitigation
and the testing done annually to each of the engines. He included the applicant is required by the
State to permit all equipment at its maximum capacity. He stated there will be a Road Maintenance
Agreement and construction routes will be as presented, from the north, but he does not want the
applicant to be restricted from bringing an occasional load from the south. He further explained
the general permitting approval process by the State.
El Commissioner James clarified the applicant is required to go through the CDPHE for a permit
to operate the engines, and in response, Mr. Norton confirmed they are currently permitted to
operate three (3) engines; however, the applicant intended to show the County the full potential
buildout.
la In response to Commissioner Moreno, Mr. Norton clarified the approach routes on CR 2 and
CR 6, with CR 6 as the main route. He reiterated the applicant does not have an issue
approaching the site through CR 6, but does not want to be restricted if there is an issue with
using CR 6. In response to Commissioner Conway regarding the aforementioned comments
regarding the haul route, Ms. Balzano confirmed the route can be addressed in the Improvements
Agreement.
In response to Chair Kirkmeyer regarding the Landscape and Screening Plan, Mr. Norton
displayed the landscaping design along the west and south sides of the site and explained the
mitigation that will be used. He further indicated there will be a water and drip system on the site.
In response to Chair Kirkmeyer, Mr. Norton described the fencing materials and explained there
will be an on -site tank that serves as an irrigation system. In response to Chair Kirkmeyer,
Mr. Gathman explained the Subdivision Exemption is located on the site, and Mr. Norton stated
he was unaware of anyone not notified for the community meeting. After further discussion, staff
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HEARING CERTIFICATION - GARY HOWARD, JOHN AND DIANA HOWARD, AND D&C
FARMS, LLLP, C/O ROCKY MOUNTAIN MIDSTREAM, LLC (USR18-0106)
PAGE 5
and Mr. Norton explained the notification process for the community meeting and the Planning
Commission hearing.
In response to Commissioner James, Chair Kirkmeyer clarified the criteria that must be met
in accordance with the Weld County Code.
▪ Commissioner Moreno stated his support of the application, with changes to the Conditions
of Approval and Development Standards.
Chair Kirkmeyer reiterated the applicant has the burden of proof to show and demonstrate
they have met all of the criteria required, and if the Board finds they have not met all of them, then
the Board shall not approve. She stated she is having troubles finding compliance and
consistency with the Comprehensive Plan, and could not find that the requested use will be
compatible with existing surrounding land uses or future development of the surrounding area.
Chair Kirkmeyer referenced the Dry Creek Regional Urbanized Area (RUA), which is adjacent to
the proposed site. She stated she did not support the RUA in 2010; however, it was put in place
to delineate the area with its own set of goals and planning. She further explained her reasoning
for not supporting the application as presented, and reiterated she does not believe the proposed
compressor site is compatible.
In response to Commissioner Freeman, Chair Kirkmeyer clarified the location of the RUA
and in response to Commissioner Conway, Mr. Norton described the site selection process
outside of the RUA. After further discussion, Mr. Norton stated they never tried to put the site
within the RUA.
▪ Commissioner Conway stated he was okay with proceeding forward. Commissioner Freeman
agreed to proceed and explained his reasoning for supporting the application. Commissioner
Moreno reiterated his support on moving forward with the application, and Commissioner James
agreed to move forward, with changes to the COAs and DS.
• Chair Kirkmeyer stated the hearing would need to be continued to allow the Board to review
the criteria and provide findings to support the application.
El Commissioner Conway summarized the opinions of his fellow Board members in support of
proceeding, and recommended the applicant address the concerns stated by the public, his
previously stated issue regarding the access route, and asked the applicant to further explain the
permitting process through the CDPHE. Commissioner Freeman stated the CDPHE looks at the
cumulative impact of the air emissions, which is included in the permitting process. He argued
that while electric would be better, the applicant needs to find out if it is available and
Commissioner James concurred. Chair Kirkmeyer encouraged the applicant to work with the
surrounding neighborhood, evaluate the fencing, building appearance, landscaping and
screening plan, and consider electric motors. She reiterated her concerns and asked the applicant
to look at another approved compressor site and the measures they implemented. The Board
agreed to continue the request to Monday, February 11, 2019, at 9:00 a.m.
2019-0267
PL2627
HEARING CERTIFICATION - GARY HOWARD, JOHN AND DIANA HOWARD, AND D&C
FARMS, LLLP, C/O ROCKY MOUNTAIN MIDSTREAM, LLC (USR18-0106)
PAGE 6
Commissioner Freeman moved to continue the request of Gary Howard, John and Diana
Howard, and D&C Farm, LLLP, c/o Rocky Mountain Midstream, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0106, for Mineral Resource
Development Facilities, including Oil and Gas Support and Service (compressor station facility)
along with a 60 -foot communication antenna in the A (Agricultural) Zone District, to February 11,
2019, at 9:00 a.m., to allow the applicant to work with neighbors and provide the information as
requested by the Board. The motion was seconded by Commissioner Conway, and it carried
unanimously. There being no further discussion, the hearing was completed at 1:50 p.m.
This Certification was approved on the 14th day of January, 2019.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, COLOFjtADO
ATTEST: diailo C.1 , it ;IA
Weld County Clerk to the Board
BY:
Date of signature: 2-12-19
Deputy CI
ounty Attorney
arbara Kirkmeyer,
hair
Mike Freeman, Pro -Tern
EXCUSED DAY OF APPROVAL
Se- j P. Conway
tt K. James
EXCUSED DAY OF APPROVAL
Steve Moreno
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