HomeMy WebLinkAbout20181945.tiffHEARING CERTIFICATION
DOCKET NO. 2018-58
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0019, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS
SUPPORT AND SERVICE (CRYOGENIC NATURAL GAS PROCESSING FACILITY);
TWO (2) 24 -INCH AND ONE (1) 16 -INCH NATURAL GAS PIPELINES TO BE LOCATED
ON THE PROPERTY; AN ON -SITE SWITCHING STATION/SUBSTATION AND A
150 -FOOT COMMUNICATIONS TOWER IN THE A (AGRICULTURAL) ZONE DISTRICT
- ANADARKO E&P ONSHORE, LLC, C/O KERR-MCGEE GATHERING, LLC
A public hearing was conducted on June 27, 2018, at 10 00 a m , with the following present
Commissioner Steve Moreno, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
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, Chris Gathman
Public Works Department representative, Evan Pinkham
Health Department representative, Ben Frissell
The following business was transacted
fa: I hereby certify that pursuant to a notice dated May 7, 2018, and duly published May 11,
2018, in the Greeley Tribune, a public hearing was conducted to consider the request of Anadarko
E&P Onshore, LLC, c/o Kerr-McGee Gathering, LLC, for a Site Specific Development Plan and
Use by Special Review Permit, USR18-0019, for Mineral Resource Development Facilities, Oil
and Gas Support and Service (cryogenic natural gas processing facility), two (2) 24 -inch and one
(1) 16 -inch natural gas pipelines to be located on the property, an on -site switching
station/substation and a 150 -foot communications tower in the A (Agricultural) Zone District Bob
Choate, Assistant County Attorney, made this a matter of record
a Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal and noted there are two (2) sets of criteria in the Resolution to encompass the
requirements for both the proposed pipelines and the proposed Mineral Resource Development
Facilities He described the proposed equipment and appurtenances and stated co -location will
be allowed on the proposed communications tower He reviewed the number of employees, hours
of operation, hours that trucks will be allowed on -site, water and septic service, and the natural
screening from the topography Mr Gathman described the surrounding land uses and stated
staff received one email of objection prior to May 31, 2018, and since that time staff has received
more correspondence citing concerns related to traffic, congestion, and dust abatement He
stated the site is located in the three (3) mile referral area of the Town of Gilcrest, which did not
return a referral response He displayed images of the site and surrounding views and nearest
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residences and entered the favorable recommendation of the Planning Commission into the
record as written
Evan Pinkham, Department of Public Works representative, provided a brief overview of the
transportation plans and requirements, stating the site is accessed from County Road (CR) 35
and he reviewed the average daily traffic counts to include truck percentages He stated staff has
received an executed Improvements Agreement for this site which includes the haul routes He
presented the drainage and grading requirements and stated a Final Drainage report is required
and a Weld County Grading Permit is required if disturbing more than an acre Mr Pinkham
requested an amendment to require the tracking control be in place prior to construction and
changed the option for this requirement to recycled asphalt or road base
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Ben Fussell, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating up to ten (10) full-time employees will be on -site and a commercial well and
engineered septic system are proposed and will need to be installed prior to issuance of the
Certificate of Occupancy He corrected Condition of Approval (COA) #6 B to reference On -site
Wastewater Treatment System, rather than Individual Sewage Disposal System Mr Fussell
stated Development Standards (DS) #13-30 address Environmental Health items and he noted
for the record that the noise standard was mirrored from neighboring gas plants
,w2° Nathan Keiser, applicant, began with a PowerPoint presentation (Exhibit D) and stated they
have had seven (7) community meetings since November 2017, with the first meeting prior to
submitting their USR application to better understand the community concerns and to create
mitigation plans to be submitted with the application He thanked the surrounding property owners
for their time and feedback and summarized the community concerns to include health, safety,
sound, visual, lights, and property values He addressed health and safety stating the emission
components are regulated by the Environmental Protection Agency (EPA) and the Colorado
Department of Public Health and Environment (CDPHE) and this facility is designed to exceed
the emission regulations of both these agencies He stated the Air Permits are in place and all
information is available to the public Mr Keiser stated the facility is designed to be federally
compliant with the Occupation Safety and Health Administration (OSHA) with current and
accepted engineering practices which includes all aspects of emergency response, and
monitoring by video surveillance and staffed 24/7 He addressed the visual mitigation by
describing the agreed upon 25 -foot wall, that would match the color scheme of the surrounding
area, and landscaping around the perimeter with the Landscape Plan focused on the properties
concerned He displayed a map to include the wall and trees to provide effective screening Mr
Keiser stated Anadarko is proposing to be Dark Skies compliant and minimize the lighting at night
to only the essential low-level light on walkways and demand lighting for maintenance He
described the lighting as downcast, adjustable, LED lighting, with shields He emphasized the 25 -
foot wall also assists with screening lighting, and because it is an engineered sound wall, it will
provide noise mitigation as well He stated the compressors are electric and will be contained
inside insulated buildings as well and he is confident the site can operate at the residential noise
limit Mr Keiser described the Communications Plan to include a response line, online portal and
communications timeline He explained they are working to get an early release of the Grading
Permit to proceed with grading the site and installing the wall first and have construction take
place behind the wall to reduce dust and noise during the construction period He reviewed the
haul route, stated they have water -on -demand water trucks ready for dust mitigation, will install
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signage during construction to prevent traffic in unwanted areas, ensure compliance with speed
limits, and order construction during daylight hours
El Gerald Johnson, surrounding property owner (SPO), stated his main issue is the traffic and
dust associated with the plant He expressed frustration with living next to DCP his entire life He
read a letter for the record and referenced the 25 -foot wall, proposed landscaping, noise levels
not to exceed 55 decibels, and dark skies standard at night He requested these requirements be
mandated by Weld County He further requested the employees associated with the facility utilize
the construction route to have the least traffic impact on the community Mr Johnson expressed
frustration with the likelihood of another plant and the impacts to include emissions and traffic
hazards He requested dust abatement and safety measures related to the construction route and
other County roads in the area In response to Commissioner Kirkmeyer, Mr Johnson requested
the Board take the dust and traffic issues seriously to include CR 33 to CR 38, as it gets so dusty
someone is going to get killed
In Pat Stahl, SPO, presented information related to hazards caused by the oil and gas industry
researched from the Denver Post She expressed concern with the number of oil and gas related
sites located in close proximity to her home and stated she is terrified for her health and safety
She questioned when is it enough? In response to Chair Moreno, she pointed out her home on
the map and stated she lives one (1) mile from the site
'= Rochell Sherman, SPO, stated there are five (5) large plants in close proximity to her home
and she is concerned with the aggregate pollutants and noise She expressed concern with
pollution, haul route, noise, dust abatement, and air pollution Commissioner Cozad explained the
Board did see her email and, being in a quasi-judicial role, they may not correspond outside of
the hearing In response to Commissioner Kirkmeyer, Ms Sherman stated the haul route needs
to be included in the Resolution She further requested the Board take into consideration the
aggregate impact of several plants in the area, as the community is concerned with the health
impacts, and she questioned how many plants can fit into the area?
Marcy Trescott, SPO, explained she moved to the area in September of 2017, and was not
informed of the pending application She expressed concerns to include the location, lack of
penalties for breach of promise, traffic on CR 38, and potential well water pollution She requested
water and air testing and stated since moving to the area she now has health issues Ms Trescott
questioned what happens if the water is polluted? She also inquired if the property taxes are less
because the applicant is utilizing agricultural land for industrial uses She expressed concern
regarding the diminutive decrease in property valuation, noise, light and broken promises Ms
Trescott requested noise measurements be taken and the plant operators be held accountable
Commissioner Cozad explained the compliance measures and the procedures to bring the
applicants before the Board to face consequences such as fines, probable cause and show cause
hearings which can result in suspensions and revocations when warranted
°E, Mr Choate added there are significant statutory provisions to enforce these matters in court,
when necessary
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GATHERING, LLC (USR18-0019)
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,l Ms Trescott requested direction for reporting non-compliance Commissioner Cozad
explained the complaints are followed up by staff and she offered to the public to call her directly
She also explained there is free water well testing available to the citizens of Weld County and it
can be tested every six months She clarified there has never been a well test positive for Volatile
Organic Compounds (VOCs) and that the State monitors air quality related to VOCs and the
facility must comply Commissioner Cozad also explained tax assessments are linked to the Use,
not the zoning Mr Frissell clarified the equipment to be used by County staff to monitor noise,
however, he stated air quality is monitored by the State
Mr Keiser responded to the public input regarding emissions and stated Anadarko is
constantly self -monitoring due to stnngent State regulations, however, for more specific answers,
he volunteered the Air Permit Specialist is available
Commissioner Conway stated it would be helpful to hear from the specialist to address
compliance and, more specifically, address the concerns the public has raised
2 Joel Kenyon, Environmental Engineer for Anadarko, stated it is very typical to have multiple
companies doing business in the same area and the Environmental Protection Agency (EPA) and
the Clean Air Act have strict guidelines at both the federal and state levels meant to protect public
health and the environment He explained facilities in close proximity to one another, but under
different ownership, are held accountable separately Commissioner Cozad further explained
there are federal and state thresholds for the overall aggregate impact of any particular area which
governs all air emissions to include vehicles and stationary facilities
In response to Commissioner Kirkmeyer, Mr Kenyon explained the Air Permit, specific to
their facility and issued by the Colorado Department of Public Health and Environment, describes
the equipment at the plant, the emissions related to each piece of equipment that they are
permitted to have based on tons per year of different pollutants, and what the requirements and
frequencies are to demonstrate compliance and perform record keeping for He explained on -
site sampling, emissions testing, leak detection monitoring, and regional air quality Mr Kenyon
also explained permits can be denied based on the saturation levels of the regional air quality
results and the threshold of emissions that can be added is directly related to regional air quality,
therefore, the Air Permit depends on the air quality in the region Commissioner Conway added
there are reports that are issued by the Colorado Department of Public Health and Environment
which are available to the public
Mr Keiser continued to address the comments from the public and stated this is a surface
use with the required secondary containment and there should not be issues with groundwater
contamination In response to Commissioner Cozad, Mr Keiser stated they are required to have
a Spill Control and Countermeasure Plan (SPCC) in place He stated they are willing to encourage
traffic routes for full-time employees, but that is impossible to enforce He clarified there should
only be ten (10) pickups a day, as there is no hauling of product in and out In response to
Commissioner Kirkmeyer, Mr Keiser explained once construction is completed, there are only
ten (10) employees and he understands the turn lane requirements are triggers Mr Keiser stated
they did a sound study and designed the facility to operate at 50/55 decibels, however, the
ambient noise is already at 65 decibels, therefore, their facility should not increase the ambient
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HEARING CERTIFICATION - ANADARKO E&P ONSHORE, LLC, C/O KERR-MCGEE
GATHERING, LLC (USR18-0019)
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noise and will operate at the lower decibel level He addressed dust abatement and stated they
are happy to accommodate Commissioner Cozad recommended dust abatement be added to
the Improvements Agreement and she offered alternative dust abatement treatments Mr Keiser
stated the sound wall is the best solution for noise mitigation and they considered berms, as
requested by the public, but came to the conclusion that the sound wall was the best solution
In response to Chair Moreno, Mr Keiser stated he has reviewed the Conditions and
Development Standards and has no issues
..Q= Commissioner Freeman suggested defining the Improvements Agreement as related to the
construction period and deleting the last sentence of Condition of Approval (COA) #1 A to include
all related verbiage thereafter and suggested to staff that the details be included in the actual
Improvements Agreement, not the Resolution Commissioner Cozad agreed and further
recommended specifying haul routes and dust mitigation routes in COA #1 A, based on public
input Commissioner Cozad suggested adding the requirement for the Dark Skies Standard to
COA #1 D In response to Commissioner Kirkmeyer, Mr Keiser stated they can send out the
Landscape Plan to SPOs and review any comments submitted, as the landscaping is one of the
last things to be done Commissioner Cozad suggested amending COA #1 G 14 to read,
delineate the approved landscaping " She reminded the Board of staff's changes to amend
the last sentence of COA #5 A, to read, "This site requires a tracking control device and 100 feet
of recycled asphalt or road base or 300 feet of asphalt for tracking control ", and, COA #6 B, to
replace, "Individual Sewage Disposal System" with "On -Site Wastewater Treatment System"
Commissioner Cozad recommended amending Development Standard (DS) #4, to read, "The
number of permanent on -site employees is limited to twelve (12) " She further suggested adding
"in compliance with the Dark Sky standard" to DS #9 Mr Keiser requested additional language
be added to DS #10, "as long as it meets the secunty standards and policies of the operator "
Commissioner Kirkmeyer requested amending DS #12 to delete the words, "of any given" and
replace it with the word, "every" Commissioner Freeman suggested DS #25 be amended to read,
"The facility shall adhere to the maximum permissible noise levels allowed in the Residential
Zone, as measured at the property boundaries and as set forth in C R S §25-12-103 Sound from
the facility shall not exceed 50 decibels at the property line or add to existing ambient noise
outside the sound wall" Mr Fussell stated it is possible to remove ambient noise from noise
measurements After further discussion, the Board agreed to all the aforementioned amendments
In response to Chair Moreno, Mr Keiser indicated he has reviewed, and agrees to abide by,
the Conditions of Approval and Development Standards, as amended
Commissioner Freeman moved to approve the request of Anadarko E&P Onshore, LLC, c/o
Kerr-McGee Gathering, LLC, for a Site Specific Development Plan and Use by Special Review
Permit, USR18-0019, for Mineral Resource Development Facilities, Oil and Gas Support and
Service (cryogenic natural gas processing facility), two (2) 24 -inch and one (1) 16 -inch natural
gas pipelines to be located on the property, an on -site switching station/substation and a 150 -foot
communications tower 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
Conway Commissioner Cozad stated she will support the motion and provided additional findings
2018-1945
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HEARING CERTIFICATION - ANADARKO E&P ONSHORE, LLC, C/O KERR-MCGEE
GATHERING, LLC (USR18-0019)
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to C. - Section 23-2-230.B.3, to emphasize that mitigations were proposed per the input received
from several community meetings to include Dark Sky standards for light mitigation, additional
landscaping and a 25 -foot sound wall to match the surrounding color scheme for visual mitigation,
electric compressors and insulated buildings to house equipment and a reduced decibel level of
50 dBA for noise mitigation, a Communication Plan and ongoing quarterly meetings with
surrounding property owners, and a designated haul route during construction as suggested by
the community. She added findings to H. - Section 23-2-490.H, to note for the record that the
facility is regulated by the Environmental Protection Agency and the Colorado Department of
Public Health and Environment through the Air Permits, emissions reporting, SPCC (Spill Control
and Countermeasure Plan) and the Development Standards requiring notification of any
revocation/suspension of state or federal issued permits, or compliance advisories that address
health, safety and welfare. Commissioner Kirkmeyer stated her appreciation to the applicant for
holding seven (7) community meetings and developing a relationship with the surrounding
property owners and she hopes the applicant follows through and continues to communicate with
the neighbors. She clarified the noise standard and the air permitting are individual to this facility
and the accountability is individual and not collective. She reminded the applicant and the public
of due process regarding probable cause and show cause based on non-compliance and
asserted these facilities are monitored by the State, the County and by the neighbors.
Commissioner Conway thanked the neighbors and assured them it is not their responsibility to
police the site; however, he thanked them for being a part of the process and raising issues that
assisted with the final mitigations. Chair Moreno concurred. There being no further discussion,
the motion carried unanimously and the hearing was completed at 4:08 p.m.
This Certification was approved on the 2nd day of July, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: daftv v• ��t�C,
Weld County Clerk to the Board
BY:
Deputy Clerk to the Boar
j County Attorney
Date of signature: 6g -10g-4
Tioeura,,,
Steve Moreno, Chair
arbara Kirkmeyer
Mike Freeman
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