HomeMy WebLinkAbout20182428.tiffHEARING CERTIFICATION
DOCKET NO. 2018-73
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0022, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING
OIL AND GAS SUPPORT AND SERVICE FACILITIES (COMPRESSOR STATION FOR
NATURAL GAS AND ALL RELATED EQUIPMENT, INCLUDING FOUR (4)
COMPRESSORS, A SLUG CATCHER, A 3 -PHASE SEPARATOR, A 49 -FOOT TALL
DEHYDRATION TOWER, A 30 -FOOT TALL COMBUSTOR, A MCC BUILDING WITH A
20 -FOOT TALL POLE MOUNTED COMMUNICATION ANTENNA, A FUEL GAS SKID,
TWO (2) CARGO CONTAINERS AND FIVE (5) TEMPORARY CONSTRUCTION
TRAILERS) IN THE A (AGRICULTURAL) ZONE DISTRICT - VERDAD RESOURCES,
LLC, C/O CURETON FRONT RANGE, LLC
A public hearing was conducted on August 15, 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
Commissioner Mike Freeman
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Diana Aungst
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 June 22, 2018, and duly published June 27,
2018, in the Greeley Tribune, a public hearing was conducted to consider the request of Verdad
Resources, LLC, c/o Cureton Front Range, LLC, for a Site Specific Development Plan and Use
by Special Review Permit, USR18-0O22, for Mineral Resource Development Facilities including
Oil and Gas Support and Service Facilities (compressor station for natural gas and all related
equipment, including four (4) compressors, a slug catcher, a 3 -phase separator, a 49 -foot tall
dehydration tower, a 30 -foot tall combustor, a MCC building with a 20 -foot tall pole mounted
communication antenna, a fuel gas skid, two (2) cargo containers and five (5) temporary
construction trailers) in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney,
made this a matter of record.
Ei Diana Aungst, Department of Planning Services, presented a brief summary of the proposal
and stated the site is located north of and adjacent to County Road (CR) 6 and east of and
adjacent to CR 49. She indicated 13 referrals were sent out, six (6) agencies did not respond, and
seven (7) responded without concerns or with conditions which have been included in the staff
recommendation. Ms. Aungst stated this is a 24/7, unmanned facility, with no water or septic
onsite. She mentioned there will be a seven (7) -foot fence around the site, and staff is
recommending landscaping and screening. Ms. Aungst described surrounding land uses and
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nearest residences, and stated there is one (1) USR within one (1) mile of the proposed site. She
indicated 20 notices were sent to surrounding property owners (SPO), and three (3) letters of
concern were received regarding safety, noise, decreased property values, fire, acidic impact, as
well as impacts to the environment, agricultural tourism, and traffic and road conditions.
Ms. Aungst stated the applicant has been in contact with SPOs, held a community meeting, and
provided copies of the email correspondence referenced in Planning Commission Exhibits #5-7.
She mentioned the Desktop Constraints Analysis, which reviewed approximately one thousand
acres including the proposed site, and indicated the applicant should avoid any wetland features
or conduct a Water of the U.S. (WOTUS) delineation. Ms. Aungst stated construction should not
occur during the peak migratory and bird nesting season and a Cultural Resource Study should
be conducted to determine the potential presence of archeological sites, and/or historic resources.
Ms. Aungst stated the Conditions of Approval (COA) require an Emergency Action Plan, Safety
Plan, Noise Abatement Plan, an Improvements Agreement and a Landscaping/Screening Plan.
She stated the site is not located within the three (3) mile referral area of any municipalities or
within any Intergovernmental Agreement (IGA) area. Ms. Auhgst displayed images of the site
and surrounding areas and entered the favorable recommendation of the Planning Commission
into the record as written. In response to Chair Moreno, Ms. Aungst confirmed there was only one
(1) community meeting.
Ej Evan Pinkham, Public Works Engineer representative, provided a brief overview of the
transportation plans and requirements and stated the site accesses onto CR 49. He indicated the
latest traffic count had 68 vehicles per day with 24 percent trucks. Mr. Pinkham explained the
traffic volume during construction; however, once operations commence, one operator will visit
the site daily and a service truck will visit the site approximately two (2) times per week.
Mr. Pinkham indicated tracking control will not be required; however, a Road Maintenance
Agreement is required during construction. He indicated a Grading Permit and Final Drainage
Report are required. In response to Commissioner Freeman, Mr. Pinkham confirmed the Road
Maintenance Agreement is only required during the construction period.
Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions and stated there will be no employees at the site once construction is complete. He
explained portable toilets and bottled water will be used during and after construction. Mr. Frissell
indicated Development Standards (DS) #16-32 address Environmental Health items.
Daniel Seaver, Vice President of Engineering for Cureton Front Range, LLC, represented
the applicant and displayed a PowerPoint presentation (Exhibit F). He introduced the team and
began by providing the history, experience, and expanding footprint of Cureton Front Range to
include the new headquarters location in Keenesberg. He reviewed plans to hire a total of 18 local
employees over the next three (3) to six (6) months as the project progresses. Mr. Seaver
described the core values of the company, the safety protocol, design standards, and the state
and federal regulations which are integrated into the project. He explained the system is designed
to handle higher pressure than the system will operate at. He continued to discuss the testing,
mechanical integrity program, control system, process hazard analysis, relief valves, combustion
device, emergency shutdown valves, qualified operators, and standard operating procedures. He
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stated the commitment of Cureton to maintain the environmental quality and discussed the
Grading and Drainage Plans that have been submitted to the Department of Public Works.
Mr. Seaver explained the enclosed drainage, secondary containment, air permit, and benefit of
compression resulting in decreased truck traffic.
Mr. Seaver provided a brief list of the Department of Transportation (DOT) and Occupational
Safety and Health Administration (OSHA) construction and operating codes that they adhere to.
He described the community involvement throughout Weld County, including the Weld County
Fair, Chamber of Commerce, Bright Futures Colorado, Weld County RE -3J School District and
the Weld Food Bank. Mr. Seaver discussed the benefits and compared the traditional footprint to
the larger footprint of the proposed centralized compressor station. He explained how the
compressor station contributes to the processing plant that fuels homes, powerplants and
provides other uses for natural gas liquids, including gasoline, ethane, and propane. Mr. Seaver
further explained the demand for the compressor station due to processing and pipeline
constraints. He presented a map of centralized compression to included the location of the Tiger
Compressor station and area wells that have and have not been drilled. He stated the proposed
compressor station is designed for 40 million standard cubic feet per day, and the main purpose
is to compress natural gas from the area production wells to transport to a local Front Range gas
plant for processing and sales to local and national markets.
Mr. Seaver described the reasoning for the site selection to include the site parameters of
customer service, engineering, safety and operational ability. He reiterated that this is an
unmanned facility and control operations will be conducted at the control room located at the gas
plant. He displayed maps to show surrounding uses, with approximately ten (10) Weld Oil and
Gas Locations Assessments (WOGLA) within a one (1) mile radius, and he described how a
compressor station operates. Mr. Seaver explained the haul routes and stated during operation
there will be one (1) heavy haul truck and two (2) to three (3) passenger vehicles per day;
however, during the approximate three (3) month construction period there will be 10-15
passenger vehicles and two (2) to three (3) heavy haul trucks. Mr. Seaver described the
mechanical, operational, and manual safety systems that are monitored 24/7 by an automated
system.
Nick Holland, also representing Cureton Front Range, provided a timeline to display the
outreach with the Department of Planning Services, surrounding property owners (SPOs), and
the Hudson Fire Protection District. He described the facility enhancements in response to the
input provided by SPOs, to include noise mitigation, minimizing lighting, and facility and visual
mitigation. He stated after discussion with the Planning Commission and SPOs, it was decided
that a four (4) wall noise system was best to mitigate the noise and to enhance screening, rather
than the originally proposed three (3) wall system. Mr. Holland discussed and showed a map of
the results of using individual insulated buildings, to aid with sound mitigation per the request of
SPOs. In response to Commissioner Kirkmeyer, Mr. Holland repeated that with individual
buildings the facility is at 30 decibels (dBA), and pointed out on the map where the nearest homes
are and clarified that there is not a resident within 500 feet of the proposed facility. In response to
Commissioner Conway, Mr. Holland repeated there is not a residence within 500 feet of the
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proposed facility; however, there is a residence within 500 feet of the parent parcel. He displayed
images of the existing landscape and showed a modeled picture of the facility with the individual
outbuildings. In response to Commissioner Kirkmeyer, Mr. Holland pointed out where the towers
are located on the site. He further explained there is a white and green barn near the proposed
property and, in response to SPO feedback regarding visual mitigation, they have decided to paint
the facility to match the barn.
Anne Best Johnson, Tetra Tech consultant representing the applicant, reviewed the
application and stated the facility complies with the Weld County Code and criteria. She stated
the proposed site is compatible with the area and supports the definition of an Oil and Gas Support
and Service facility. Ms. Johnson reiterated the applicant has reached out to surrounding property
owners and has listened to and attempted to mitigate SPO concerns. She stated there is a need
for this compressor facility within the geology of the oil and gas production. She reported a
Desktop Constraints Analysis was conducted and the results indicated there would be no impact
or threat. Ms. Johnson explained due to the proposed facility being in between two (2) drill pads,
it will not cause additional interference with the property owner's farming. She stated adequate
provisions have been made and the proposed facility meets the criteria of the Weld County Code.
Robert Paul, Surrounding Property Owner (SPO), stated many issues have been resolved;
however, there are still outlying issues with the haul route not being made for hazardous waste.
He explained there are other houses within 50 feet of the haul route and claimed he researched
other routes and found they all have the same issue. He suggested the applicant be limited to
four (4) compressors. Mr. Paul explained the property that Cureton is leasing is owned by Verdad
and this facility will be a doorway for similar facilities in the community. He claimed he does not
know the exact acreage of the property but this kind of industry ruins agriculture. He suggested
moving proposed facilities, such as this one, to an industrial area to the north. He expressed
appreciation regarding noise mitigation and suggested switching from natural gas compressor
engines to electric. Mr. Paul stated the only part of the facility that cannot be hidden is the 50 -foot
exhaust tower and recommended the applicant make it look like a tree but realized that may not
be an option. He expressed concerns regarding the loud noise and unpredictability of the pop -off
valves. Mr. Paul stated the applicant had discussed landscaping with him and other SPOs and
acknowledged they are on the right track with trees around the parameter. He asked who is
responsible for the upkeep of landscaping and trees and whether the Conditions of Approval and
Development Standards will carry with the property when it is sold. Mr. Paul also questioned the
possible change of distance between this type of facility and SPOs on the upcoming ballot and
asked which standards would apply if the change is made.
re Alan Mazzotti, SPO, stated he owns the house closest to the proposed site and claimed he
is not for or against the proposed facility, but said that he is against the noise. He stated he has
not been contacted by the applicant. Mr. Mazzotti complimented the community involvement of
the applicant and reiterated his concerns. In response to Commissioner Kirkmeyer, Mr. Mazzotti
stated he is okay with the compressor buildings, as long as they suppress the noise, and he would
like to see landscaping.
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David Suitts, SPO, described where he lives relevant to the site and stated there are no
benefits for the neighborhood by building the proposed site. Mr. Suitts stated the facility is not
compatible with the rural residential area and surrounding property uses and asserted the SPOs
want to maintain the quality of life. Mr. Suitts commended the applicant for working to find a noise
solution and hopes the applicant keeps their word. He stated he has not seen a landscaping plan
and wants to see minimum impact. Mr. Suitts mentioned he had to sign a Right to Farm Contract
and suggested the applicant sign something that protects the SPOs' lifestyle since the applicant
is moving into their neighborhood. In response to Commissioner Kirkmeyer, Mr. Suitts stated they
have had communication with the applicant and there has been a good faith effort to maintain
contact.
Anne Mitchell, SPO, stated her property is immediately to the east of the proposed facility
and reiterated what the applicant has done to try to provide a safe environment for the community.
She expressed her first concern was the impact of the noise and how it could affect the younger
children. Ms. Mitchell mentioned she has 55 years of experience in the medical field and works
on a project at the University of Colorado Medical Center on how children grow and learn in school
as a result of the impact of noise. Ms. Mitchell commented the applicant has taken some
remarkable steps to address the issue of noise. She stated that scientists and the planning staff
cannot predict the imprint the project is going to leave on the community regarding health and she
understands as a farming community that they are exposed to toxic sprays. She stated she can
hear the fracking and other industrial work around her property and nothing has been done to
mitigate that noise. Ms. Mitchell said there is science on how to minimize the noise and indicated
there should be people working to mitigate that noise instead of waiting for the SPOs to speak
up. She stated she likes what the applicant has done with the visual mitigation but would like to
see more aesthetics because it is negatively affecting their property values. She asked if
something goes wrong, when are the SPOs able to come back to staff and assure that rules and
regulations are being followed. In response to Chair Moreno, Ms. Mitchell pointed out her property
on the map.
e Robin Suitts, SPO, pointed out her residence on the map and stated when she and her
husband bought their property, they felt like it was paradise. She expressed concern regarding
the property value being affected by the noise level and indicated they are not concerned with the
buildings. Ms. Suitts mentioned it is a residential neighborhood and the proposed application is
not compatible.
EA There being no further comments, Chair Moreno closed public testimony. The applicant
requested a few minutes to discuss public input. Chair Moreno recessed the hearing at 11:47 a.m.
Chair Moreno resumed the hearing at 11:54 a.m.
eg Andrew Truitt, Senior Engineer with Behrens and Associates, Environmental Noise Control,
represented the applicant as a consultant and provided a PowerPoint presentation (Exhibit G)
and began with an overview of the company. He presented the science and engineering behind
acoustics, defined noise and sound, discussed how sound is quantified, displayed graphs
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regarding ear sensitivity and pressures to describe sound. Mr. Truitt addressed the noise
mitigation of the project to include exhaust mufflers, insulated buildings, and blow down silencers
for venting. In response to Commissioner Kirkmeyer, Mr. Truitt clarified his example of the sound
levels in a library when no one is talking is approximately 50 decibels (dBA) and him speaking
during his presentation is approximately 70 dBA. He explained how sound is affected by weather
and defined the sound level of perception in the field.
Mr. Truitt provided the project overview and said they modeled the full buildout for the facility
to determine the recommended noise mitigation. He described the Ambient Sound Level study to
measure the existing sound and stated the results showed varied levels depending on location
and time of day; however, all levels were below code limits.
Mr. Truitt, discussed noise modeling methodology to include residential limits and provided
an overview of the modeling efforts for the project. He stated the results of four (4) different
scenarios and indicated scenario #4, which included individual buildings and the four (4) sided
wall, was the best to mitigate the noise. He provided noise contour maps to visualize the sound
with each scenario and stated blow down silencers are being considered. In response to
Commissioner Kirkmeyer, he clarified the pop -off valves will be mitigated by either doing individual
mufflers or having a manifold and stated that is not included in the Noise Mitigation Plan because
some of the muffler details are still being finalized. He included the manifold would not be included
in the scenarios presented but it will be in the Noise Mitigation Plan.
ni In response to Commissioner Conway, Mr. Truitt explained although the site is Zone
A (Agricultural) it is subject to Residential noise standards. In response to Commissioner Cozad,
Mr. Truitt stated the assessing was done to address sound from the proposed parcel and not from
the parent parcel.
Mr. Holland addressed the outreach to the community, specifically with Mr. Mazzotti, and
stated they were in contact with Mr. Mazzotti's parents and apologized for not being in direct
contact with him.
Mr. Seaver addressed other topics brought forth in public input by SPOs, and discussed
expansion limitations. In response to Commissioner Cozad, he stated they are willing to limit this
USR to four (4) compressors. He expressed appreciation for positive feedback regarding
landscaping and clarified trees are not an option for visual mitigation because they do not have
water available for irrigation. In response to Commissioner Cozad, Mr. Seaver clarified there has
not been much feedback regarding direction for the landscaping and the applicant has not yet
submitted a Landscaping and Screening plan.
Mr. Seaver discussed property values and stated there has been nearby property sold for
above the appraised value. He addressed dust and truck traffic issues being minimal after
construction. In response to Commissioner Cozad, Mr. Seaver stated most of the produced water
would be leaving from the surrounding WOGLA sites; however, the water removed from the
proposed site will be done with (1) truck per day, at a maximum. Mr. Seaver stated the alfalfa
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farming on the property will remain and he insisted another benefit of the centralized compressor
station is the intent to prevent having compressors located sporadically over the entire property.
In response to Commissioner Cozad, Mr. Seaver addressed the health and environmental issues
mentioned by Ms. Mitchell and further explained the requirements associated with obtaining
operational permits regulated to protect air and water quality. In further response to
Commissioner Cozad, Mr. Seaver review the Spill Prevention, Control and Countermeasure
(SPCC) Plan and stated they will be including solutions for the pop -off valves.
_=lIn response to Chair Moreno, Mr. Seaver indicated they have reviewed, and agree to abide
by, the Conditions of Approval and Development Standards.
Commissioner Cozad requested input regarding the inclusion of a Landscape/Screening
Plan. She stated she would like to see the Landscape/Screening Plan come back before the
Board during a 9:00 a.m. Board hearing or consider a continuance to evaluate its compatibility
with surrounding land uses. Commissioner Freeman commented the location of the site is a long
way from where the roads are; therefore, he is not sure where the landscaping placement would
be. After further discussion, the Commissioners collectively decided to add language in the
Conditions of Approval (COA) and Development Standards (DS) to ensure the Landscaping Plan
is submitted with community input and approved by the Board prior to the recording of the plat.
Commissioner Cozad suggested the removal of the language "...but, not limited to..."
throughout the COA and DS to indicate there cannot be more than four (4) compressors. She
stated by implementing this change, it gives assurance to the neighbors that the company will not
expand or add additional compressors. The Board agreed.
x Mr. Seaver, commented they did reach out to the landowners and submitted a landscape
narrative. Mr. Holland stated the landscape narrative proposes additional native grasses and
berming on the site, or to work with the landowners to provide landscaping at the property line.
After further discussion, Commissioner Kirkmeyer clarified that the Board is asking the applicant
to work with SPOs to consider their input on what landscaping would be satisfying to them.
El Commissioner Cozad revisited the tower height issue and invited the neighbors to attend the
hearing to consider the Landscaping Plan and included the opportunity for additional public input.
Bill Garcia, Attorney with Coan, Payton, and Payne, LLC, represented the applicant and
commented there have been changes to the sound suppression items since the initial application
which will further be included.
Commissioner Cozad suggested amending the first sentence of Condition of Approval (COA)
#1.A to state: "A Road Maintenance Agreement is required during the construction period at this
location." She further requested amending COA #1.E and F to add "... for review and approval by
the Department of Planning Services."
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VI Commissioner Kirkmeyer recommended additional language for COA #1.G to incorporate
Dark Sky Standards and to require review and approval by the Department of Planning Services.
Ei Commissioner Cozad suggested amending COA #1.H to add "... for review and input from
surrounding property owners and approval by the Board of County Commissioners."
€1 Commissioner Cozad added additional language to DS #8 to state: "The
Screening/Landscaping on the site shall be maintained in compliance with the approved
Screening/ Landscape Plan."
Commissioner Freeman recommended the removal of DS #13.
El Commissioner Kirkmeyer suggested a new DS to require compliance with the approved
Noise Abatement Plan. After further discussion, the Commissioners agreed to add this
requirement to DS #27.
Ms. Aungst questioned if there should be a Development Standard regarding the building
appearance. Commissioner Cozad stated it is on the record and it will be included in the Noise
and Landscaping Plans.
In response to Chair Moreno, Mr. Seaver indicated they have reviewed, and agree to abide
by, the Conditions of Approval and Development Standards, as amended.
la Commissioner Cozad moved to approve the request of Verdad Resources, LLC, c/o Cureton
Front Range, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR18-0022, for Mineral Resource Development Facilities including Oil and Gas Support and
Service Facilities (compressor station for natural gas and all related equipment, including four (4)
compressors, a slug catcher, a 3 -phase separator, a 49 -foot tall dehydration tower, a 30 -foot tall
combustor, a MCC building with a 20 -foot tall pole mounted communication antenna, a fuel gas
skid, two (2) cargo containers and five (5) temporary construction trailers) 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. Commissioner Cozad added to the record that the applicant does meet the requirements
based on the design and criteria they had before this hearing; however, the applicant will be
required to present their Landscaping Plan to the Board. She added to the findings in
Section 23-2-230.B.2 that the location of existing oil and gas facilities keep farming in place
allowing efficiency in conjunction with existing facilities. She added language under
Section 23-2-230.B.3 to capture the applicant's effort to include neighborhood input and address
concerns through landscaping, noise, and visual mitigation. Commissioner Cozad further added
language supporting Section 23-2-230B.7 to encompass the numerous state, federal and local
regulations and requirements to ensure the health, safety, and welfare of the neighborhood
through air quality standards, and the SPCC and Stormwater Management Plans. The motion
was seconded by Commissioner Freeman. Commissioner Cozad thanked the neighbors for their
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presence and stated attending makes the application stronger and she appreciated the input and
hopes they will continue to work with the applicant. She, furthermore, thanked the applicant for
making an effort to meet with the neighbors, making changes to their plans and making the facility
compatible with the surrounding area. Chair Moreno thanked everyone for being present and
agreed with the comments made by Commissioner Cozad. Commissioner Freeman thanked the
residents for their presence, thanked the applicant for working so well with the SPOs, and
concurred with the comments made by his fellow Commissioners. Commissioner Kirkmeyer
affirmed Commissioner Cozad and further suggested language be added to Section 23-2-230.B.7
to reflect the applicant's demonstrated ability to reduce/abate noise to less than 55 dBA at the
principle property line. She further thanked the SPOs for attending and addressing the application
in a rational way and stated because of their presence and the applicant's cooperation, the
screening, noise and haul route were able to be addressed in a reasonable manner. In response
to a previously asked question, Commissioner Kirkmeyer clarified if the property is sold, the new
owners would have to adhere to the permit set forth today, and stated the facility will not be
affected by the possible ballot question because that is associated with oil and gas drilling
operations and if it was to meet the criteria of the ballot question, it would not apply due to the
date of the hearing. Commissioner Conway thanked the neighbors for their participation in the
entire process and thanked the applicant for responding to the needs of the neighbors. He stated
he does not recall a Noise Mitigation Plan that so effectively met the residential noise standards
and he appreciated the cooperation between the applicant and the neighbors and concurred with
the findings. Chair Moreno called for the vote and it carried unanimously. There being no further
discussion, the hearing was completed at 1:01 p.m.
This Certification was approved on the 20th day of August, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD - OUNTY, COLORADO
ATTEST: dititeo 4(! ; ei
Weld County Clerk to the Board
BY:
APP
Date of signature: qi//2//e
Cou y ttorney
St ; e Moreno, Ch -'r
rbara Kirkmeyer, Pro -Tern
Sean P. Conway
A. Cozad
Mike
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