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Home My WebLink About20182820.tiffHEARING CERTIFICATION DOCKET NO. 2018-91 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0052, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS SUPPORT AND SERVICE, 60 MILLION STANDARD CUBIC FEET PER DAY CRYOGENIC NATURAL GAS PROCESSING FACILITY AND ASSOCIATED EQUIPMENT, ONE (1) UP TO ONE HUNDRED SIXTY (160) FEET IN HEIGHT COMMUNICATIONS TOWER AND UP TO FIVE (5) TEMPORARY CONSTRUCTION TRAILERS AND UP TO ELEVEN (11) TEMPORARY CONEX STORAGE CONTAINERS IN THE A (AGRICULTURAL) ZONE DISTRICT — OUTRIGGER DJ OPERATING, LLC A public hearing was conducted on September 19, 2018, at 10:00 a.m., with the following present: Commissioner Steve Moreno, Chair Commissioner Barbara Kirkmeyer, Pro-Tem - EXCUSED Commissioner Sean P. Conway Commissioner Julie A. Cozad 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 Engineer representative, Evan Pinkham Health Department representative, Ben Frissell The following business was transacted: I hereby certify that pursuant to a notice dated July 27, 2018, and duly published August 1, 2018, in the Greeley Tribune, a public hearing was conducted to consider the request of Outrigger DJ Operating, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0052, for Mineral Resource Development Facilities, Oil and Gas Support and Service, 60 million standard cubic feet per day cryogenic Natural Gas Processing Facility and associated equipment, one (1) up to one hundred sixty (160) feet in height communications tower and up to five (5) temporary construction trailers and up to eleven (11) temporary conex storage containers in the A (Agricultural) Zone District. Frank Haug, Assistant County Attorney, made this a matter of record. Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and stated the approximate 81 -acre parcel is located north of and adjacent to County Road (CR) 88 Section Line and west of and adjacent to CR 85 Section Line. He indicated the site is not located within the three (3) mile referral area of any municipality and he described surrounding land uses and stated there are six (6) surrounding property owners on six (6) parcels of land within 500 feet of the proposed facility. He mentioned planning staff did not receive any correspondence regarding the application. Mr. Ogle reviewed the number of employees and the hours of operation. He stated the applicant will be required to develop a Communication Plan and a Facility Lighting Plan that will include the Dark Sky Policy. Mr. Ogle mentioned the applicant had communicated with Weld County Public Safety Wireless Communications concerning the proposed tower on the CT% (TS)56) O9/a-7// g 2018-2820 PL2579 HEARING CERTIFICATION - OUTRIGGER DJ OPERATING, LLC (USR18-0052) PAGE 2 site and it was concluded that Weld County does not wish to colocate on the tower. He stated 13 referral agencies had reviewed the application and three (3) provided comments that were considered in the staff recommendation. In response to Commissioner Cozad, Mr. Ogle stated there no longer needs to be an agreement between the applicant and Weld County Public Safety. He displayed images of the proposed site and surrounding properties and entered the favorable recommendation of the Planning Commission into the record as written. ▪ Evan Pinkham, Public Works Engineer representative, stated the site accesses onto an unmaintained Section Line Right -of -Way of CR 85. He indicated if the applicant builds onto the road within the right-of-way, they may need to obtain a Right -of -Way Permit. He stated the site also accesses onto State Highway 14, and the applicant may need to obtain an Access Permit from the Colorado Department of Transportation (CDOT) for that access. Mr. Pinkham described traffic during construction to be approximately 20-30 daily round trips and after construction it will decrease to six (6) passenger vehicle daily round trips, one (1) semi -truck daily roundtrip, and one (1) tandem truck daily round trip. He clarified neither tracking control, nor an Improvements Agreement are required. He stated the applicant has submitted a Preliminary Drainage Report and a final Drainage Report will be required prior to recording the USR map. Mr. Pinkham indicated a Weld County Grading Permit will be required if the applicant disturbs more than an acre. : ' Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer provisions and stated there will be up to two (2) full-time and three (3) part-time employees accessing the site. He indicated a commercial well and engineered septic system are proposed, and evidence of an engineered septic system will be required prior to issuance of the Certificate of Occupancy. Mr. Frissell stated Development Standards (DS) #11-20 address Environmental Health items. • Andrew Perdue, Senior Project Manager, represented the applicant and described the processes of the proposed plant to create products for market. He stated two (2) full-time operators will be on the site during daytime operations defined as, 7:00 a.m. to 5:00 p.m. He explained the operators will be able to access the plant control system and shut down the plant from any remote location utilizing the Supervisory Control and Data Acquisition (SCADA) system. He described the emergency procedures and stated Outrigger DJ Operating, LLC, wants to begin operations on or near March 1, 2019. No public testimony was offered concerning this matter. In response to Chair Moreno, Mr. Perdue indicated they have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as presented; however, he asked the Board to reconsider the Condition requiring an Access Permit from CDOT due to CDOT communicating the Access Permit is unnecessary. E In response to Commissioner Freeman regarding the nearest neighbor, Mr. Perdue stated there is a neighbor approximately one (1) mile to the south of the proposed site. Commissioner Freeman suggested removing Condition of Approval (COA) #1.D, regarding a Communication Plan, and the Board concurred. 2018-2820 PL2579 HEARING CERTIFICATION - OUTRIGGER DJ OPERATING, LLC (USR18-0052) PAGE 3 In response to Commissioner Cozad regarding lighting, Mr. Perdue stated there will be lights in the main processing area. Commissioner Cozad asked the applicant to consider the Dark Sky Standards in the lighting design. In response to Chair Moreno, Mr. Perdue stated the lighting will be activated by sensor. 8, In response to Commissioner Cozad, Mr. Perdue described the intent of the Noise Mitigation Plan to operate within the Commercial Standard. Mr. Frissell referenced DS #24 regarding the Commercial Zone limit for noise levels. The Board agreed to delete the erroneous DS #6 regarding the incorrect noise standard. Mr. Ogle recommended deleting COA #1.H, regarding potential colocation on the tower, as supported by a letter from Weld County Public Safety Wireless Communication. The Board agreed. In response to Commissioner Cozad regarding the Access Permit from CDOT, the Board requested the applicant submit a letter from CDOT to the Department of Public Works indicating an Access Permit is not needed. Mr. Pinkham further suggested deleting COA #1.J.6, regarding the Access Permit, and the Board concurred. 12' Commissioner Freeman recommended deleting DS #8 referencing the Communications Plan earlier deemed unnecessary. In response to Commissioner Conway regarding the number of employees, Mr. Perdue stated five (5) employees satisfies the need for the proposed facility and if there were any expansion, they would return for an amendment to the USR. .• In response to Chair Moreno, Mr. Perdue indicated they have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as amended. Commissioner Conway moved to approve the request of Outrigger DJ Operating, LLC, for Mineral Resource Development Facilities, Oil and Gas Support and Service, 60 million standard cubic feet per day cryogenic Natural Gas Processing Facility and associated equipment, one (1) up to one hundred sixty (160) feet in height communications tower and up to five (5) temporary construction trailers and up to eleven (11) temporary conex storage 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 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 12:08 p.m. (Clerk's Note: Subsequent to the Hearing, another duplicate Development Standard was removed.) 2018-2820 PL2579 HEARING CERTIFICATION - OUTRIGGER DJ OPERATING, LLC (USR18-0052) PAGE 4 This Certification was approved on the 24th day of September, 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: din) jep;r1 Weld County Clerk to the Board BY: Qfie. 01. uty Clerk to the Boa APP ounty Attorney Date of signature: ci/8Co(I$ Steve Moreno, Chair EXCUSED Barbara Kirkmeyer, Pro-Tem Sean P. C.nway ke Freeman 2018-2820 PL2579 ATTENDANCE LIST 9 -IQ -I% NAME'- PLEASE PRINTLEGIBLY ADDRESS (CITY, STATE ZIP) - EMAIL 4. COUNTY OF .:RESIDENCE " SPEAKING - . (Y/N)? • e& \,6wzor�� - 3`l LS C u-( % \jyeA'k- Y S\'1erI01ss Y'os&,rdt 39a3C-Qco. 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