HomeMy WebLinkAbout20183495.tiff HEARING CERTIFICATION
DOCKET NO. 2018-122
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0088, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS
SUPPORT AND SERVICE, NATURAL GAS PROCESSING FACILITY, AND ONE (1) UP
TO 100 FEET IN HEIGHT SECURE COMMUNICATIONS TOWER, A TEMPORARY
LAYDOWN AND STORAGE YARD, AND UP TO 13 CONSTRUCTION OFFICE
TRAILERS AND 21 CONEX CONTAINERS FOR USE DURING THE CONSTRUCTION
OF THE FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT - SHELTON LAND
AND CATTLE, LTD, C/O DCP OPERATING COMPANY, LP
A public hearing was conducted on November 7, 2018, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Barbara Kirkmeyer, Pro-Tern
Commissioner Sean P. Conway
Commissioner Julie A. Cozad - EXCUSED
Commissioner Mike Freeman
Also present:
Acting Clerk to the Board, Selena Baltierra
Assistant County Attorney, Frank Haug
Planning Services Department representative, Kim Ogle
Public Works Department representative, Evan Pinkham
Health Department representative, Ben Frissell
The following business was transacted:
I hereby certify that pursuant to a notice dated September 27, 2018, and duly published
October 2, 2018, in the Greeley Tribune, a public hearing was conducted to consider the request
of Shelton Land and Cattle, Ltd., c/o DCP Operating Company, LP, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0088, for Mineral Resource
Development Facilities, Oil and Gas Support and Service, Natural Gas Processing Facility, and
one (1) up to 100 feet in height secure communications tower, a temporary laydown and storage
yard, and up to 13 construction office trailers and 21 conex containers for use during the
construction of the facility in the A (Agricultural) Zone District. Frank Haug, Assistant County
Attorney, made this a matter of record.
Chair Moreno 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 Cozad
excused.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
stated the site is located on an approximate 161-acre parcel. He explained the adjacent County
roads and indicated the site is not located within the three (3) mile referral area of any municipality.
He described surrounding land uses and stated there are seven (7) surrounding property owners
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RAJ(
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HEARING CERTIFICATION - SHELTON LAND AND CATTLE, LTD, C/O DCP OPERATING
COMPANY, LP (USR18-0088)
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(SPO) within 500 feet of the proposed facility. He explained one (1) letter was received from an
opposing SPO to the north and stated no other correspondence was received concerning the
application. Mr. Ogle mentioned there will be 15 full-time employees and the site will operate 24
hours a day, seven (7) days a week. He explained should the gas plant cease operations, the
applicant will remove the equipment, buildings and all other components in accordance with the
Colorado Oil and Gas Conservation Commission (COGCC) regulations. He indicated there will
be temporary construction trailers and conex storage containers on the site during construction.
Mr. Ogle stated 13 referral agencies have reviewed this case and four (4) offered comments that
were considered in the staff recommendation. He provided images of the site and surrounding
views and entered the favorable recommendation of the Planning Commission into the record as
written.
• Evan Pinkham, Public Works Engineer representative, provided a brief overview of the
transportation plans and requirements and stated access to the site is on County Road (CR) 47.
He indicated the access meets County Code requirements and provided the latest traffic counts
to include truck percentages. He mentioned there will be approximately 15 daily roundtrips from
passenger vehicles and pickups, three (3) daily roundtrips for tandem delivery trucks, and
eight (8) daily roundtrips for semi- trucks. Mr. Pinkham stated the Department of Public Works is
requiring an Improvements Agreement and since the applicant is disturbing more than an acre, a
Weld County Grading Permit will be required. He stated a final Drainage Report with a Certification
of Compliance is required. He presented the drainage and grading requirements.
• Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions and stated water will be provided by the Central Weld County Water District (CWCWD),
or a new commercial well may be installed. He indicated the site will be serviced by an engineered
septic system which will be required prior to the Certificate of Occupancy and stated Development
Standards (DS) #6-23 address Environmental Health items.
• Patrick Groom, Attorney, represented the applicant and explained the application is for a
new natural gas processing plant; it is the tenth constructed and operated by DCP in Weld County.
He mentioned other facilities owned by DCP and indicated the site's location. He described the
design of the processing plant with two (2) train lines, and stated upon approval of the application
train line one (1) would be constructed, while train line two (2) would be completed at a later date.
Mr. Groom explained the site selection and reiterated the proximity of the closest resident. He
stated a community meeting was held in July which had two (2) SPOs in attendance, and they
discussed the interactions and communication with the closest SPO regarding her concerns.
Mr. Groom reviewed the Dark Sky Standards, and explained the mitigation the application is
proposing to minimize noise. He provided copies of the engineering report (Exhibit F) and
requested the noise standard be modified. He explained the proposed drainage plan and filtration
ponds that will be built in addition to the detention pond on the site. Mr. Groom reviewed the
Communication Plan and reiterated the purpose of the proposed wall is for noise mitigation. He
mentioned the proposed site is not designated as "Prime" farm land and stated the areas not
developed for the natural gas plant will be kept in natural grasses and a fair amount of the land
will remain open space.
2018-3495
PL2605
HEARING CERTIFICATION - SHELTON LAND AND CATTLE, LTD, C/O DCP OPERATING
COMPANY, LP (USR18-0088)
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el No public testimony was offered concerning this matter.
el In response to Chair Moreno, Mr. Groom addressed Condition of Approval (COA) #1.E
regarding a stockwell that is no longer used on the site, and mentioned COA #1.F regarding the
applicant addressing the concerns of Farmers Reservoir and Irrigation Company (FRICO). He
reiterated his concern for the noise standard mentioned in Development Standard (DS) #19 and
stated he is not comfortable with language in DS #25 regarding the sound wall. In response to
Mr. Groom regarding DS #25, Commissioner Kirkmeyer stated there is not a visual mitigation or
screening plan, and the wall is not primarily working as a sound wall. After further discussion,
Commissioner Kirkmeyer proposed to delete the word "sound" from DS #25, and the Board
agreed. Mr. Groom referenced DS #26 and stated the applicant is comfortable with co-location;
however, he suggested language to explain any co-locator will adhere to DCP protocols.
El In response to Commissioner Kirkmeyer, Mr. Ogle stated the Decommissioning Plan only
has to be included as a DS and not a COA. After discussion regarding the Lighting Plan, Mr. Ogle
suggested a new DS #29. Commissioner Kirkmeyer addressed the noise standard in DS#19 and
Mr. Frissell provided language. The Board agreed to the changes proposed by the applicant to
delete COA#1.E and COA#1.F. Commissioner Kirkmeyer suggested adding "during construction
of the facility' to COA#1.A regarding road maintenance. After further discussion it was proposed
to delete the remaining two (2) sentences in COA#1.A and the Board agreed.
ei In response to Chair Moreno, Mr. Groom indicated he and the applicants had reviewed, and
agree to abide by, the Conditions of Approval and Development Standards, as amended.
Commissioner Kirkmeyer moved to approve the request of Shelton Land and Cattle, Ltd.,
c/o DCP Operating Company, LP, for a Site Specific Development Plan and Use by Special
Review Permit, USR18-0088, for Mineral Resource Development Facilities, Oil and Gas Support
and Service, Natural Gas Processing Facility, and one (1) up to 100 feet in height secure
communications tower, a temporary laydown and storage yard, and up to 13 construction office
trailers and 21 conex containers 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 and entered into the
record. The motion was seconded by Commissioner Freeman, and it carried unanimously. There
being no further discussion, the hearing was completed at 10:53 a.m.
2018-3495
PL2605
HEARING CERTIFICATION - SHELTON LAND AND CATTLE, LTD, C/O DCP OPERATING
COMPANY, LP (USR18-0088)
PAGE 4
This Certification was approved on the 14th day of November, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST: diatisi
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Steve Moreno, Chair
Weld County Clerk to the Board
arbara Kirkmeyer, ro-Tem
BY:
Deputy Cle to the Board .
sv.;t-1 can . Conwa
APP D AS T RM: � E 2-- CUSED
e A. Cozad
ounty A orney
Mike Freeman
Date of signature: 12/11)18
2018-3495
PL2605
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