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HomeMy WebLinkAbout20180592.tiffHEARING CERTIFICATION DOCKET NO. 2018-14 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR17-0065, FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY (CRYOGENIC GAS PROCESSING PLANT) IN THE A (AGRICULTURAL) ZONE DISTRICT - RICHARD AND HEIDI ROBERTSON, C/O CURETON FRONT RANGE, LLC A public hearing was conducted on February 28, 2018, at 10:00 a.m., with the following present: Commissioner Steve Moreno, Chair Commissioner Barbara Kirkmeyer, Pro-Tem Commissioner Sean P. Conway - EXCUSED 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 Public Works Engineer representative, Hayley Balzano Health Department representative, Lauren Light The following business was transacted: • I hereby certify that pursuant to a notice dated January 18, 2018, and duly published January 24, 2018, in the Greeley Tribune, a public hearing was conducted to consider the request of Richard and Heidi Robertson, do Cureton Front Range, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0065, for an Oil and Gas Support and Service Facility (cryogenic gas processing plant) in the A (Agricultural) Zone District. Bob Choate, 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 Conway excused. • Chris Gathman, Department of Planning Services, presented a brief summary of the proposal and stated natural gas is gathered from pipelines and from wells in Adams and Weld Counties to be processed and transported. He reviewed the proposed structures, height of the equipment, and basic operations of the proposed cryogenic gas processing plant and stated the application is in conjunction with a Recorded Exemption. Mr. Gathman displayed a site map and noted the applicant has submitted an updated Landscape Plan, Communication Plan, Drainage Plan and other updated documents. He reviewed the location in relation to nearest residences and adjacent properties and reviewed the overall correspondence received from surrounding property owners. He also explained that the applicant has entered into an agreement to purchase the residential property to the north. He stated the site is located within the three (3) mile referral area of the Towns of Hudson and Keenesburg and within the Keenesburg/Weld County cctPLCccilmm), MutEP/ Hg), &HC LL). TBCT.1) O /O8/ t ' 2018-0592 PL2524 HEARING CERTIFICATION - RICHARD AND HEIDI ROBERTSON, C/O CURETON FRONT RANGE, LLC (USR17-0065) PAGE 2 Coordinated Planning Agreement area. Mr. Gathman explained the applicant is planning to place the gas plant on a 3.5 -acre portion of the site. He reviewed the recommendation of denial from the Planning Commission based on incompatibility and in response to Commissioner Cozad confirmed that Planning staff had recommended the application for approval. He displayed images of the site and surrounding properties. • Evan Pinkham, Department of Public Works representative, provided a brief overview of the transportation plans and requirements, stating access to the site is from County Road (CR) 51, which is a gravel collector road. He provided the average daily vehicle counts and truck percentages and stated after construction, the applicant intends 10-15 passenger pickup truck daily trips and 2-3 tandem truck daily trips and the Department of Public Works is requiring tracking control and an Improvements Agreement. ER Hayley Balzano, Public Works Engineer representative, presented the drainage and grading requirements to include the requirement for a final drainage report and she reviewed the related Conditions of Approval and Development Standards. • Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer provisions, stating the application materials indicate there will be 18 full-time employees. He stated water will be provided by an on -site well which is currently permitted for residential and will need to be re -permitted for commercial use. He added the applicant is proposing to install a commercial septic system. Mr. Frissell stated Development Standards (DS) #10-26 address Environmental Health items. Q. Charlie Beecherl, represented the applicant and stated Cureton has learned a lot from the process so far and as a result of the outcome at the Planning Commission hearing, has made significant changes and updates to assist with compatibility with the hope of moving forward with the proposed application. He stated Cureton is made up of individuals who contribute a combined 90 years of experience, is headquartered in Keenesburg and he reviewed past project history. He presented the need for this processing facility due to the robust growth in Weld County, number of well sites, and the strain on legacy gathering systems that were built in the 1970s and were not constructed to handle the strain. Mr. Beecherl stated new infrastructure is needed such as gathering, pipelines and processing facilities to alleviate the strain in all of those areas. He explained when the processing infrastructure is not available, producers either flare the gas or shut in the well sites and neither of these are good options. He stated the flaring volumes in Weld County from 2017 equaled 54 million dollars and would have provided enough gas to heat 45,000 homes. He explained the facility they are seeking approval for today would be able to process three times as much gas that was flared last year and it makes sense to capture it rather than waste it because the reality is the pressure and product have to go somewhere. Mr. Beecherl reviewed the 145 -acre location, the planned facility, site plan, site selection process and compatibility, 32 miles of pipelines and gathering systems, mitigation, number of employees, hours of operation, ease of access to CR 49 and Interstate 76, and the requirement to be within five (5) pipeline miles of the Colorado Interstate Gas Interconnect. He confirmed they have secured the rights -of -way and are not in a flood zone and the nearby road infrastructure provides ease of access for construction and employees. He reiterated the need based on number of 2018-0592 PL2524 HEARING CERTIFICATION - RICHARD AND HEIDI ROBERTSON, C/O CURETON FRONT RANGE, LLC (USR17-0065) PAGE 3 producers in the area and either outdated or lack of pipeline and infrastructure which poses a safety threat. He stated they are mitigating to limit the impact of the three (3) residents located within a half mile of the fence line, one of which they are under contract with to purchase their property. Mr. Beecherl stated they are choosing to keep and lease 50 acres of active farmland and he reviewed the 97 -acre feet of water rights and the location of the Henrylyn Irrigation Ditch. He pointed out the Planned Unit Development to the north, other uses within two (2) miles to include other oil and gas uses to promote compatibility. He explained the use of the property they are purchasing and stated they will keep 20-30 acres and maintain the residence. He reviewed the noise study, mitigation efforts, and facility design and clarified there is no threat of eminent domain condemnation of any rights -of -way, to include the pipeline. El Dale House, Vice President of Operations for Cureton Midstream, explained the plant has a proven design and is a copy -cat built by Honeywell UOP Russell, ISTI and Buffalo Gap. He reviewed the basic operations of the plant to include automated and manual safety integrations, best management practices, and integrity management plan. He explained Cureton is committed to safety and health and they empower employees to stop work if unsafe. He further explained basic safety measures to include the use of x-ray to inspect welds, smart pigs, relief valves, OSHA requirements, State mandated air and water quality and integrity, emissions regulations and permits, above ground piping, closed drain system, and secondary containment on all tanks. Mr. House stated there are immediate shut down procedures for the facility that include automated and manual systems and procedures and regarding emergency preparedness, he explained Cureton has engaged the area first responders and invited them to do a walk through and perform drills with first responders to include a scheduled annual exercise. He stated they utilize the reverse 9-1-1 system and will campaign to get people signed up. Mr. House reviewed code compliance and explained every aspect of this facility is highly regulated and every component is governed by predetermined codes ensuring safety is integrated in both the process and design of the system. He explained the mechanical design is tested to handle pressure that is twice what the system will operate at, they x-ray 100% of the welds, and routinely measure for corrosion to identify before it becomes a problem. He described the automatic control system that operates on computers that have a separate power supply which allows for auto shutdown in a controlled manner, process hazard analysis scenarios, utilize relief valves, flares, and emergency shut down valves, and it is overseen by qualified operators. Daniel Seaver, Vice President of Engineering, reviewed the project start date of June, 2017, and stated it began with rights -of -way acquisitions from Lochbuie to Kersey, about a 65 -mile pipeline route with 80 landowners along the way. He recalled as they met folks and negotiated agreements, they requested feedback regarding ways to get involved with the community. He said one landowner invited them to the Southeast Weld County Fair and Rodeo and they spent a weekend on the fairgrounds and purchased a very expensive pig. Mr. Seaver stated they set up their headquarters in Keenesburg and immediately got involved with the Chamber of Commerce. He mentioned they are learning about Bright Futures and want to be long-term sustainers of the fund, and they are already in contact with the RE -3J School District to promote oil and gas training opportunities with them thru the possibility of auto -cad licenses and training for pipeline welding, and they have approximately 15 employees that are already donating time to the Weld Food Bank. 2018-0592 PL2524 HEARING CERTIFICATION - RICHARD AND HEIDI ROBERTSON, 0/O CURETON FRONT RANGE, LLC (USR17-0065) PAGE 4 Nick Holland stated Cureton reached out to all surrounding property owners within one (1) mile of the project and had three (3) community meetings to provide a platform to engage with the neighbors and get feedback. He added that they have also had continual individual meetings to answer questions and alleviate concerns. Mr. Holland described the communication channels they have utilized and created for each step of the process which began with mailing personal invitations for each meeting with a two week notice, developing a project website to provide general information and included information regarding the community outreach events and hearings, implemented a 1-800 number for anyone who wished to leave a message, created an information email platform, and added a project group Facebook page with material for the public to see and to allow feedback from those wishing to comment. He reviewed the topics of discussion at each of the three community meetings and how many were in attendance. Mr. Holland stated the neighbors cited concerns with traffic, lights at night, noise, landscaping, visual impact, and the dangerous intersection of CR 51 and CR 18, and he added there were also positive comments. He stated continued outreach is the goal. He reviewed Cureton's efforts to mitigate these concerns. He stated in regard to traffic concerns, there would be minimal traffic to the site and they have provided proposed traffic routes; regarding lighting concerns, they have created a Lighting Plan to include 100% downcast and shielded lighting and zone lighting with several zones off at night. Regarding noise concerns, Cureton hired Urban Solution Group to ensure the facility adheres to the Residential zone standard by adding double walled, sound mitigated, acoustic walls; regarding the landscaping and visual concerns, Cureton hired Norris Design, and created a landscaping and screening plan and presented the visual representation to the community, Planning Commission and Mr. Holland reviewed the berms, trees and plants, and proposed irrigation and he displayed slides of this mitigation from each view. He concluded with a brief summary of how they have addressed the concerns regarding impacts to the roads, visibility of the flare, noise, lighting, cumulative impacts, ground water contamination, air pollution, ground vibration impacts, impacts on wildlife, and weed control. 12 Chair Moreno recessed the hearing at 3:28 p.m. for a 10-15 minute break. El Chair Moreno reconvened the hearing at 3:49 p.m. Bill Garcia, attorney with Coan, Payton and Payne, representing the applicant, provided a brief synopsis regarding Code compliance as a result of the unfavorable recommendation from the Planning Commission. He reviewed the facts related to compatibility as addressed through the mitigation efforts by the applicant to include purchasing the property of the closest residence, and community outreach which shaped the additional plans that have been submitted. ID Mr. House concluded by reiterating the need for the project and the benefit it will bring to the County and community. He reminded the Board of the extensive mitigation efforts to address compatibility and stated that Cureton is committed to being a good member of the community. He stated Cureton submitted a Lighting Plan, Noise Plan, and Landscaping and Screening Plan to be compatible, and he emphasized that they performed community outreach to a mile radius, rather than the suggested 500 feet, and have incorporated the feedback into the aforementioned changes. 2018-0592 PL2524 HEARING CERTIFICATION - RICHARD AND HEIDI ROBERTSON, C/O CURETON FRONT RANGE, LLC (USR17-0065) PAGE 5 U. Ken Gfeller, Mayor of the Town of Keenesburg, stated he is also the President of the Keenesburg area Chamber of Commerce, and he recently stepped down from being the Vice President of the Southeast Weld County Chamber of Commerce. He conveyed he is here on behalf of Cureton and that the Town of Keenesburg staff has worked with Cureton extensively and found Cureton to be very cooperative, very thorough and agreeable to the conditions requested. He stated Cureton is now a member of both the Keenesburg area Chamber of Commerce and the Southeast Weld County Chamber of Commerce, are interested in supporting community events, and showing themselves to be interested in the community as a whole. Mayor Gfeller stated the Town of Keenesburg supports this application and believes this industry will benefit both Keenesburg and Weld County. 12- Mike Cervi, SPO, stated he lives on a ranch and he has reconciled the fact that their ranch would be developed for oil and gas. As they did their research, they discovered that Cureton is well financed and they have a good history with their company and he stated this is something that Weld County needs due to lack of infrastructure. He explained this will make it possible for his children to make a living on this ranch and he supports Cureton because they are respectful and credible. Craig Wentworth, President of ISTI Select Engineering Plant Services, stated he hopes to do the construction of the Cureton Gas Plant and he stated he has 38 years midstream experience with 26 of those years building, designing and engineering gas plants and 12 years in Midstream Operations for Exxon Mobile Company. He conveyed the volume of oil and gas discovered in the U.S. in the last 10-15 years is staggering and he reiterated that without midstream operations, this resource cannot be processed for market. Mr. Wentworth reported designing a similar plant in Butler, Pennsylvania, and stated it has been operating for five years without incident. He emphasized these plants are very safe and designed in conformity to national codes and standards and state and local regulations which are very strict and defined. He clarified these are state-of-the-art systems and that this particular Cureton plant is critical to provide the ability of local producers to get the gas to market. Richard Robertson, owner of the property Cureton is purchasing, stated he supports this application, respects that Cureton notified beyond the required 500 feet, and he has had a positive experience dealing with Cureton and this decision supports his values in hopes that our country will be energy independent one day. El Ross McAdow, SPO, stated he lives southwest of the proposed Cureton location and after reviewing the proposal, sincerely hopes it is denied. He asserted this is not mutually beneficial and he will be adversely affected with a degradation of quality of life with the noise, light and traffic, devaluation of his home and homes in the neighborhood, safety, and inherent dangers associated with cryogenic gas plants. He stated there are other areas better suited. In response to Chair Moreno, Mr. McAdow pointed out his parcel on the map and stated he would not have purchased it if he had known about this proposal ahead of time. He stated he attended the second meeting but he could not attend the other meetings due to work and other obligations and he restated he is not in support. 2018-0592 PL2524 HEARING CERTIFICATION - RICHARD AND HEIDI ROBERTSON, C/O CURETON FRONT RANGE, LLC (USR17-0065) PAGE 6 Taya McAdow, SPO, stated when they purchased this property, they wanted to build their dream home with hope of living there for a very long time with their horses and dogs and cattle. She asked the Board to consider if this is a good use of agricultural land and taking away irrigated acres for this plant. She also explained she resides on the side with no buffering and asked who will ensure compliance. Ellen Swieter, SPO, stated she lives .5 miles south of the proposed plant location and she requested the Board uphold the Planning Commission's decision to deny this application. She clarified she is not opposed to oil and gas operations; however, she reviewed a list of uses approved within a five -mile radius of her location. She explained that they chose their place of residence 23 years ago and explained that due to these approvals, their quality of life has been compromised and they cannot simply uproot their family with kids still in high school and she stated she cannot explain her heartache in the mere three minutes that she has to speak. Ms. Swieter stated none of the Board would enjoy this in their backyard and proposed Cureton choose another location. She asserted that they made a great presentation and she took copious notes at every meeting and she emphasized that the plan has changed at every meeting. She requested if this is passed, to not allow any expansion. She mentioned she gathered 25 signed memos in opposition to this location (Exhibit Z). She requested consideration be given to the impact to the neighbors' quality of life. In response to Commissioner Kirkmeyer, she requested a safety plan be put in place once underway because she contacted both fire districts for Keenesburg and Hudson and neither would respond if there was an emergency. Mike Johnson, SPO, stated he manages the Eagles Nest Ranch which borders the Cervi Ranch and he explained negotiating an agreement with Cureton for a pipeline that crosses a majority of their ranch and stated it is a surface use agreement with proposed reclamation for the pipelines and how the work would be done. He stated they were understanding of their cattle and farming operations and addressed issues and moved the pipeline route at their own cost to accommodate the landowner. Mr. Johnson stated he supports Cureton and hopes the flarings are reduced. Dean Tinsley, Senior Vice President of Operations for Bonanza Creek, stated they hold approximately 70,000 mineral acres to the north of this project and have dedicated about one-third of those to Cureton. He reported this year they will spend around 300 million dollars on new well sites due to the availability of new infrastructure like this which assures they will be able to move product to markets and ensure a good investment. He encouraged the Board to look holistically at the project and to recognize the benefits of approving infrastructure like this to include safety, environmental, alleviating truck traffic, reducing system pressures, etc. Susi Lara-Mesa, Vice President of Engineering for KP Kaufman and Company, stated they operate 936 wells in Weld County and although only 52-100 can be connected to the plant being proposed today, it still benefits the big picture by reducing system pressures on infrastructure built and designed in the 70s and 80s. She explained reducing these pressures will increase safer transportation of product, help producers get product to market, reduce flaring, and make it safer overall for the public health and environment. She explained the negative impact of shut-ins and 2018-0592 PL2524 HEARING CERTIFICATION - RICHARD AND HEIDI ROBERTSON, C/O CURETON FRONT RANGE, LLC (USR17-0065) PAGE 7 reiterated this project would be beneficial to all and it is exciting to see projects like this being developed in the state. • Jamie and Tom Herzmann, SPOs, read their letter for the record, Exhibit O. It included concerns regarding a lack of consideration for surrounding residents, destruction to County roads, livestock run over by truck traffic, and how to balance oil and gas uses with agriculture. Ms. Herzmann stated Cureton is the first oil and gas company to reach out to them and make an effort. • David Swieter, SPO, stated he lives approximately 1/2 mile from the site and as his wife Ellen Swieter stated earlier, they have trust issues because the plans changed at every meeting and he cited his concerns and requested stipulations be put in place if this is approved regarding no future expansion, truck traffic, ground vibrations, safety, evacuation plan, lighting, visible impact, landscaping maintenance, and alternate traffic routes. He requested the Board reject the application. • Chris Stevenson, Production Engineering Manager for Bill Barrett Corporation and Chairman of the DJ Operator Consortium, stated he represents Bill Barrett and other producers and is asking the Board to approve this proposal. He explained Cureton has the experience needed and they are willing to work creatively to accomplish projects. He added that Cureton is providing a crucial need for producing companies by adding additional processing as the processing in the DJ Basin has not kept pace with current production and current processors have curtailed operators to reduce line pressures for safety which can be devastating and is a direct result of the lack of midstream companies. He stated this plant would allow continued growth. • Brian Sloan stated he is here to speak on behalf of his mother's property which is adjacent to the proposed site. He stated he is all for American oil and gas but is opposed to the location. He explained the impact it will have on their family property and their gun range. In response to Commissioner Cozad, Mr. Sloan stated he is concerned with fire and consequences from a possible stray bullet. la Pat DeNiro, SPO, stated his biggest concern is future expansion. He expressed his frustration with the positive comments possibly being linked to personal profits and requested limits be placed on this use to include: no expansion, yearly meeting with neighbors, emergency preparedness plans, and address the concerns with noise, pollution and groundwater. • Neil Hudson, Production Engineering Manager for Verdad Resources, stated they own and operate several wells within the radius displayed on the aerial map and they have several currently shut in because they cannot get the product processed and this would provide a good opportunity to get some beneficial use out of that gas. • Helen Gross, UOP Russell/Honeywell Company, stated their company is a natural gas processing facility and equipment provider and they have over 100 plants in existence or being installed and they have been working with Cureton since April of 2017. 2018-0592 PL2524 HEARING CERTIFICATION - RICHARD AND HEIDI ROBERTSON, C/O CURETON FRONT RANGE, LLC (USR17-0065) PAGE 8 • Chair Moreno closed public hearing and recessed the hearing at 4:51 p.m. and requested to reconvene at 5:00 p.m. • Chair Moreno reconvened the hearing at 5:00 p.m. • Chair Moreno invited the applicant to respond to public input. In response to an earlier question by Commissioner Cozad, Mr. House explained the difference between a production flare and an emergency flare. He addressed the concerns regarding vibrations and stated they are offering to dampen with mass by installing equipment on concrete blocks. He also explained secondary containment regarding the concern with groundwater contamination. In response to Commissioner Kirkmeyer, Mr. House stated there are two flaring events that would take place with one being a daily scheduled event, typically one to two times per day, and the system process is to open the valves to blow the compressors down. The second type of flaring event is due to an abnormal condition related to over pressurization and although this is typically not an emergency, it is outside of normal operations. He clarified that they are offering to do routine maintenance flaring during daytime hours and he explained it usually lasts approximately two to three minutes. • Mr. Holland addressed the Emergency Action Plan development and stated Cureton has had several meetings with Hudson Fire District and the Weld County Office of Emergency Management and they have discussed evacuation plans and utilizing the Weld County reverse 9-1-1 call system to notify homeowners within close proximity of emergencies and campaigning to ensure that surrounding neighbors register their cell phone numbers. In response to Commissioner Kirkmeyer, he confirmed there will be an evacuation plan in their emergency action plan and there is provision to test this plan with an exercise. ei Mr. Beecherl addressed the remaining topics that were presented by the public. He apologized for the inconsistent messaging and explained the plans were changing at each meeting because they were listening to the input. He reminded the Board that this facility will employ 18 new employees with incomes that can support their families. Mr. Beecherl reviewed the benefit of providing the ability to producers to safely operate their wells and not have to shut them in and that this benefits everyone involved to include mineral owners and landowners with less trucks on the road, community involvement, local businesses and restaurants are patronized, tax income, and the gas is processed and transported to market instead of burning up. He addressed the location and stated it is based on the well sites in the area and he reminded the Board that they are leasing 50 acres to be farmed. He also clarified they are purchasing the property that was closest and most impacted but, realistically, they cannot purchase every property and as far as an expansion, he stated that would bring Cureton back before the Board. Mr. Beecherl conveyed the support of the oil and gas community for new infrastructure that is much needed in this area to support the pace of production based on the significant growth and the reality of the old legacy systems that cannot support the pressures of the new infrastructure and may not be willing to put in the investment to update. • In response to Chair Moreno, Mr. Beecherl stated they have reviewed the Conditions of Approval (COA) and Development Standards (DS) and are requesting consideration to move 2018-0592 PL2524 HEARING CERTIFICATION - RICHARD AND HEIDI ROBERTSON, O/O CURETON FRONT RANGE, LLC (USR17-0065) PAGE 9 COA #1.A and COA #1.B to be required prior to the issuance of the Certificate of Occupancy rather than required prior to recording the plat. Commissioner Cozad recommended creating a new COA #6.A and #6.6 to meet this request and the Board agreed. Mr. Beecherl pointed out a duplicate Development Standard, the Board agreed to delete DS #24. Lastly, he requested an addition to DS #37 to request that staff attempt to provide notice prior to visitation due to safety requirements, the Board agreed. In response to Commissioner Cozad, Mr. Frissell stated an example of a reason for staff visitation would be if staff received an odor complaint. In response to Chair Moreno, the applicants indicated they have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as proposed and with respect to their requests. Mr. Gathman explained the legal description needs to reflect the Recorded Exemption, 1AMRECX18-04-3799. Commissioner Kirkmeyer requested clarification regarding the portion of land being farmed and the boundary for the Recorded Exemption. • In response to Commissioners Cozad and Kirkmeyer, Mr. House explained the zone lighting at night. After further discussion, Commissioner Cozad requested COA #1.1.6 be amended to read, "The map shall delineate the lighting as approved in the Lighting Plan." Mr. House stated Cureton is willing to install manual switches to all light zones, except zone 4, and to ensure this is in the Lighting Plan. The Board agreed. Eri In response to Commissioner Kirkmeyer, Mr. House explained the use of County Road 20 is necessary. The applicant further acquiesced to install screening on all sides, to review the Communications Plan annually with input from area property owners (added to COA #1.H), to include an evacuation plan and test exercise provision (added to COA #7), to no expansion of the plant west of the Henrylyn Ditch (new DS #3), and to schedule the flaring related to normal maintenance only during daylight hours (addition to DS #4). The Board instated these changes. • In response to Chair Moreno, Mr. Beecherl indicated they have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as amended. • Commissioner Cozad directed the agreed upon staff recommendations be added to each Section of the findings as presented at Planning Commission and she provided additional findings, as follows. In Section 23-2-230.6.1, she included A.Goal 8, A.Goal 9, A.Policy 9.1, A.Policy 9.5 based on the numerous mitigations and additional plans the applicant has agreed with to reduce potential conflicts and promote compatibility. She provided additional supporting statements regarding OG.Policy 1.2, due to the proximity to the resource. In Section 23-2-230.6.2, she supported the applicants effort to continue to farm the buffered area and leased lands and to utilize the 97 -acre feet of water rights from the Henrylyn Irrigation Ditch for irrigation plus the four (4) -acre feet of water rights for maintaining landscaping. Regarding Section 23-2-230.B.3, Commissioner Cozad added her support of the applicant's use of Best Management Practices (BMPs) to address compatibility plus the many Conditions of Approval and Development Standards, and to include the applicant's purchase of the closest residence, the number of wells in the area promotes compatibility with the area based on high use of oil and gas in proximity, there is a willing seller and a lease for the farmland in place, the residential noise standard, 2018-0592 PL2524 HEARING CERTIFICATION - RICHARD AND HEIDI ROBERTSON, C/O CURETON FRONT RANGE, LLC (USR17-0065) PAGE 10 compliance with local, state and federal regulations, the applicant is already involved with the community and investing in the local and county community interests and they are in agreement with a landscaping and screening plan to assist with visual and noise impacts and plan to review the communications plan annually with surrounding property owners. Regarding Section 23-2-230.6.4, she added the surrounding municipalities are either in support of or unconcerned by the proposal and the facility will provide a positive economic impact to the surrounding area with local employees and the patronizing of local businesses. She clarified the site does not lie in any overlay districts pertaining to Section 23-2-230.6.5, and regarding Section 23-2-230.B.6, she stated the applicant is demonstrating a diligent effort to keep the property small and keep acreage in production with the provision of 97 -acre feet of irrigation water. Regarding Section 23-2-230.B.7, she reiterated the many plans in place to mitigate and protect area inhabitants, the BMPs to include above ground piping, secondary containment, Air Emissions Permit, Fugitive Emissions Plan, stormwater design, closed loop system, direct pipeline system vs trucking for transportation of gas, state-of-the-art facility, automated pressure monitors, reduction of flaring, gas detection system, manual system for shut down, Emergency Preparedness with the Office of Emergency Management and the Hudson Fire Protection District, Civil Design, Landscaping and Screening Plan, Drainage Plan, Communications Plan, Lighting Plan, and the permits and requirements from local, state and federal agencies. Commissioner Cozad moved to approve the request of Richard and Heidi Robertson, c/o Cureton Front Range, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0065, for an Oil and Gas Support and Service Facility (cryogenic gas processing plant) in the A (Agricultural) Zone District, based on the recommendations of Planning staff, with the additional findings, Conditions of Approval and Development Standards, as amended and entered into the record. The motion was seconded by Commissioner Freeman who expressed his agreement with Commissioner Cozad's findings and conveyed his appreciation of the neighbors' input and the applicant's tremendous amount of work and ongoing communication with the neighbors. He stated he believes this will be an important economic development in the County and he supports the applicant's commitment to operate it in a way that mitigates the impact. Commissioner Kirkmeyer stated she is supportive of the application and she cannot find reasons not to approve based on criteria in state statutes. She thanked the public for coming and asserted that their participation added value to the process as the Board added many stipulations based on their comments. Chair Moreno echoed the comments of fellow Commissioners and thanked Commissioner Cozad for putting the findings on the record and he thanked the public for their input because it assisted with the mitigation efforts. There being no further discussion, the motion carried unanimously, and the hearing was completed at 6:03 p.m. 2018-0592 PL2524 HEARING CERTIFICATION - RICHARD AND HEIDI ROBERTSON, 0/O CURETON FRONT RANGE, LLC (USR17-0065) PAGE 11 This Certification was approved on the 5th day of March, 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dstiftet) moo; Weld County Clerk to the Board BY: Deputy Clerk to the B APPAS TO F ounty A torney Date of signature: OLI-oa-i8 Steve Moreno, Chair EXCUSED DATE OF APPROVAL Barbara Kirkmeyer, Pro-Tem EXCUSED Sean P. Conway e:lekic; eivadr Julie A. Cozad Mike Freeman 2018-0592 PL2524 ATTENDANCE LIST DATE: r �... f/ / ? NAME - PLEASE PRINT LEGIBLY EMAIL COUNTY OF RESIDENCE 1 5 NG? (1f/N) 11) • 0 s p2 6 �' )t. s 4- L,, ., <,, Y .„ L a., Gd'c,t,cc,Sro". co -t 2,0205 t Jci? 2 131,(741;',`; t,/ea &P. Pra the t b0ke frache 6. cork. 246 s kear v 2 2 & /9-ia../0 . Y 14enY� h�,r.e,Oda ns �...�...,. 7 -, I 84 rri� A� � will & N }�ALA.T-o Ze/2,11 a05Zg-w,e6- 2. 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