HomeMy WebLinkAbout20192743.tiffHEARING CERTIFICATION
DOCKET NO. 2019-88
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR19-0026, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING
OIL AND GAS SUPPORT AND SERVICE (THREE (3) GAS COMPRESSORS AND
RELATED EQUIPMENT), UP TO FIVE (5) TEMPORARY CONSTRUCTION OFFICE
TRAILERS AND TEN (10) TEMPORARY CONEX FOR USE DURING THE
CONSTRUCTION OF THE FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT -
PETERS 313 RANCH, INC., C/O SUMMIT MIDSTREAM NIOBRARA, LLC
A public hearing was conducted on July 17, 2019, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro -Tern
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 Department representative, Evan Pinkham
Health Department representative, Ben Frissell
The following business was transacted:
e I hereby certify that pursuant to a notice dated May 31, 2019, and duly published June 5,
2019, in the Greeley Tribune, a public hearing was conducted to consider the request of Peters
313 Ranch, Inc., c/o Summit Midstream Niobrara, LLC, for a Site Specific Development Plan and
Use by Special Review Permit, USR19-0026, for Mineral Resource Development Facilities
including Oil and Gas Support and Service (three (3) gas compressors and related equipment),
up to five (5) temporary construction office trailers and ten (10) temporary conex for use during
the construction of the facility in the A (Agricultural) Zone District. Bob Choate, Assistant County
Attorney, made this a matter of record.
El Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
stated the site is located on a 12 -acre, Subdivision Exemption parcel. He mentioned the adjacent
County Roads (CR) and indicated the site is within the three (3) mile referral areas of Larimer
County and the Wyoming border. He described the existing, surrounding land uses, and stated
the applicant is willing to mitigate concerns with regard to noise and off -site lighting. He noted
there will be revegetation after construction and an Emergency Action Plan is required, and
indicated the applicant had developed a Noise Mitigation Plan, which demonstrates compliance
with the applicable noise standard. He stated the Lighting Plan and Emergency Shutoff Plan are
in compliance with the Weld County Code, noted the applicant is working to expand operations in
Weld County, and described other complimenting facilities. IR Mr. Ogle explained the facility
will include three (3) gas compressors, and interconnecting pipelines for the purpose of gathering
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2019-2743
PL2688
HEARING CERTIFICATION - PETERS 313 RANCH, INC., C/O SUMMIT MIDSTREAM
NIOBRARA, LLC (USR19-0026)
PAGE 2
raw natural gas and preparing it for compression and insertion into pipelines. He explained the
removal of equipment, should operations cease, in accordance with Colorado Oil and Gas
Conservation Commission (COGCC) regulations. He indicated 11 referral agencies had reviewed
the application, there were two (2) responses, and stated there had been no correspondence
received by the Department of Planning Services. He entered the favorable recommendation of
the Planning Commission into the record as written, and presented images of the site and
surrounding views.
IP Evan Pinkham, Department of Public Works, reiterated there is an existing access road and
stated there are no traffic counts in the area. Per the application, he provided the daily roundtrips
and indicated the applicant had submitted a preliminary Drainage Report. He presented the
grading requirements, and in response to Commissioner James, Mr. Pinkham clarified there are
no traffic counts in the area; however, there are very few cars. In response to Commissioner
Conway, Mr. Pinkham clarified the standard requirements for traffic.
e Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions, and stated there will be no permanent employees at the site after construction. He
indicated bottled water and portable toilets are acceptable, only small amounts of fuel will be
stored on the site, and Development Standards (DS) #19-34 address Environmental Health items.
IP Tracey Jensen, applicant, stated she had no further additions to the presentation.
lEi No public testimony was offered concerning this matter.
El Ms. Jensen stated she had no questions, comments, or concerns with the Conditions of
Approval and Development Standards as written. Chair Kirkmeyer suggested clarifying a Road
Maintenance Agreement is only required during construction in COA #1.A, and in response to
Chair Kirkmeyer, Mr. Pinkham explained why a Drainage Report was required in the area. After
further discussion regarding the drainage, Chair Kirkmeyer confirmed the applicant was unable
to find an exception to drainage. Chair Kirkmeyer recommended adding a new COA #1.E.12 to
incorporate a Lighting Plan with the Dark Sky Policy, and additionally add the Dark Sky Policy into
DS #7 (lighting). Chair Kirkmeyer suggested deleting DS #15 (Road Maintenance Agreement),
and in response to Commissioner James, Ms. Jensen indicated there had been a Noise Study
completed which complied with the Residential noise standard. Mr. Ogle provided the language
for COA #1.E12 (lighting), and in response to Commissioner Freeman, Mr. Ogle stated the
nearest residence is approximately one (1) mile to the east, which is the applicant's residence.
El In response to Chair Kirkmeyer, Ms. Jensen indicated she had reviewed, and agreed to abide
by, the Conditions of Approval and Development Standards, as amended.
e There was no public testimony with regard to the changes to the Conditions of Approval and
Development Standards.
2019-2743
PL2688
HEARING CERTIFICATION - PETERS 313 RANCH, INC., C/O SUMMIT MIDSTREAM
NIOBRARA, LLC (USR19-0026)
PAGE 3
e Commissioner Moreno moved to approve the request of Peters 313 Ranch, Inc., do Summit
Midstream Niobrara, LLC, for a Site Specific Development Plan and Use by Special Review
Permit, USR19-0026, for Mineral Resource Development Facilities including Oil and Gas Support
and Service (three (3) gas compressors and related equipment), up to five (5) temporary
construction office trailers and ten (10) temporary conex for use during the 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 Freeman, and it carried unanimously.
There being no further discussion, the hearing was completed at 10:19 a.m.
This Certification was approved on the 22nd day of July, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dada/N.) 4• XigO•ok,
Weld County Clerk to the Board
ounty Attorney
Date of signature: 09/1749
arbara Kirkmeyer, Cair
Steve Moreno
2019-2743
PL2688
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