HomeMy WebLinkAbout20183806.tiff HEARING CERTIFICATION
DOCKET NO. 2018-141
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0061, FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY (CENTRAL
GATHERING FACILITY TO RECEIVE PRODUCED WATER, OIL AND GAS ALONG
WITH A COMPRESSOR STATION FACILITY) IN THE A (AGRICULTURAL) ZONE
DISTRICT- ELEVATION MIDSTREAM, LLC
A public hearing was conducted on December 5, 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 - EXCUSED
Also present:
Acting Clerk to the Board, Selena Baltierra
Assistant County Attorney, Frank Haug
Planning Services Department representative, Chris Gathman
Public Works Engineer representative, Mike McRoberts
Health Department representative, Ben Frissell
The following business was transacted:
El I hereby certify that pursuant to a notice dated October 26, 2018, and duly published
October 31, 2018, in the Greeley Tribune, a public hearing was conducted to consider the request
of Elevation Midstream, LLC, for a Site Specific Development Plan and Use by Special Review
Permit, USR18-0061, for an Oil and Gas Support and Service Facility (Central Gathering Facility
to receive produced water, oil and gas along with a compressor station facility) in the
A (Agricultural) Zone District. Frank Haug, Assistant County Attorney, made this a matter of
record.
el 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 Freeman
excused.
Chris Gathman, Department of Planning Services, presented a brief summary of the proposal
and stated the facility will receive produced water, and oil and gas from production well pads, with
the capacity of 40,000 barrels of oil per day, and the ability to expand up to 60,000 barrels per
day. He stated the applicant is planning on building a compressor station with the ability to process
175 million cubic feet per day and expand up to 350 million cubic feet per day. He indicated the
compressor station will be located on the same property, to the south of the central gathering
facility, and is proposed to be functionally independent of the gathering facility. He explained the
electric compressors will be located inside of sound buffering structures to further mitigate noise,
and electric power to the facility is proposed to be provided by a substation in a 230-Kilorott (KV)
transmission line connecting to the existing transmission line that runs through the proposed
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HEARING CERTIFICATION - ELEVATION MIDSTREAM, LLC (USR18-0061)
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property. He mentioned the substation and transmission line were approved by the Planning
Commission (PC), on December 4, 2018, as a non-1041 Major Facility of a Public Utility under
case number, USR18-0109. He provided the hours of operation to be 24 hours a day, 7 days a
week, and stated there will be three (3) to five (5) full-time employees. He explained part-time
employees will be utilized on the site on a limited basis for maintenance and operational needs.
Mr. Gathman indicated a permanent water supply will be required, and mentioned the applicants
have received a well permit and are proposing a septic system. He described the visual mitigation,
and stated there have been ongoing correspondence with surrounding property owners (SPOs),
including a neighborhood meeting on February 13, 2018. He indicated the applicant submitted an
updated Landscaping and Screening Plan, Lighting Plan, Noise Study, a Decommissioning Plan,
and an Irrigation Plan. He displayed an overall layout of the site and indicated the location of
County roads, adjacent facilities, and the existing transmission line. He stated the proposed
facilities will be located on an agricultural parcel, which has four (4) producing oil and gas wells,
and two (2) abandoned wells. He mentioned the surrounding residences and USRs, and reviewed
the correspondence received. Mr. Gathman indicated the site is located within the three (3) mile
referral areas of the Cities of Dacono and Northglenn, and the Town of Erie, and the City and
County of Broomfield. He reviewed a referral received from the Town of Erie, which included
concerns of traffic impacts at the intersection of Interstate 25 (1-25) and Erie Parkway, and
requested the opportunity to review any Traffic Impact Study associated with the use. He stated
the applicant submitted a traffic narrative with the application, and indicated a Traffic Impact Study
was not required; however, the applicant provided a letter and a copy of the traffic narrative to the
Town of Erie. He stated the proposed facility is located on an approximate 152-acre parcel
delineated as "Prime" and is not presently irrigated. He indicated agricultural land outside the
footprint of the gathering facility and compressor station will be leased to a local farmer. He
provided images of the site and surrounding views and entered the favorable recommendation of
the Planning Commission into the record as written.
Mike McRoberts, Public Works Engineer representative, provided a brief overview of the
transportation plans and requirements, and stated the site accesses onto County Road (CR) 6.
He provided the traffic counts to include truck percentages and indicated there will be seven (7)
vehicle roundtrips per day after construction, including six (6) passenger cars and one (1)
semi-truck for deliveries. Mr. McRoberts stated tracking control will be required during
construction only and Public Works is requiring a Road Maintenance Agreement. He presented
the drainage and grading requirements, stating a Final Drainage Report is required prior to
recording the USR map, and a Weld County Grading Permit will be required if more than an acre
is disturbed during construction.
la Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions and stated there will be up to five (5) full-time employees per shift. He indicated the
applicant is proposing to install a commercial well and an engineered septic system, which are
addressed as conditions prior to the issuance of the Certificate of Occupancy. He noted that PC
granted the request from Environmental Health (EH) to remove Condition of Approval (COA)#7.B
since a well permit had already been received. He stated Development Standards (DS) #14-33
address EH items.
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• Matthew Eyser, Director of Engineering for Elevation Midstream, provided an overview of his
PowerPoint presentation and described the history of Elevation Midstream as a subsidiary of
Extraction Oil and Gas. He described the awards received by Elevation Midstream, how they
strive to be a good neighbor and make safety a priority. He reviewed the site selection process
and defined a Central Gathering Facility and its process. Mr. Eyser indicated they already have
air permits and have worked with the Colorado Oil and Gas Conservation Commission (COGCC)
pending approval of the USR. He stated the combined air emissions is less than a 20-well pad
facility with tanks, and will take 60,000 barrels of oil a day via pipeline for phase one (1). He
described Elevation Midstream's management practices, and explained the design of their
facilities is intended to minimize impact. Mr. Eyser provided images of visual mitigation,
landscaping, and a digitally modeled view of the building and the access road. In response to
Commissioner Kirkmeyer, Mr. Eyser confirmed there are two (2) accesses to the site off of CR 6
and explained Brighton Fire District met with both the City of Fort Lupton and Mountain View Fire
Districts to come up with a fire plan and other various measures. He presented additional images
of the site and surrounding views, which showed the facility at maximum buildout. He stated
Ms. Frank requested maximum visual mitigation of the facility after construction and described
the mitigation measures discussed with the applicant.
• Andrew Truitt, Senior Engineer for Bahrens and Associates, Inc., provided a summary of his
PowerPoint presentation and defined decibels (dB) and the A-weighted version of decibels (dBA)
as the human hearing of decibels. He reviewed the frequency, weighting scales, and perception
of sound, and stated they modeled the full buildout, after two (2) phases, for accuracy, and
described the noise mitigation efforts. He explained the Ambient Noise Level study and deployed
monitors at the property lines in the direction of the nearest occupied structure to measure the
existing sound, prior to the presence of the facility. He provided the results of the study, which
indicated the existing ambient noise levels at the northern monitor locations are above the
Residential noise standard. He requested the results be added to the record, and confirmed they
would not be able to mitigate the noise at the northern locations of the study below the Residential
noise standard. He stated the applicant is not requesting a variance or adjustment, and reiterated
Elevation Midstream is committed to maintain the noise limits, which are the design targets for his
study. However, he restated it is relevant that the data suggests the noise limits have been
breached to a certain extent at the northern testing locations. 0 Mr. Truitt explained the Noise
Modeling Methodology, which referenced the Weld County Code and mentioned the Residential
limit 55 dBA during the day and 50 dBA at night. He displayed the noise modeling receptor
locations and reviewed the results. He reviewed three (3) different scenarios which utilize different
berming and wall scenarios, which all comply with the noise standard. He stated that with the
measures and recommendations of the report, the full buildout of the facility is predicted to be
compliant with the Residential standards, both day and night.
• Mr. Eyser addressed truck traffic and clarified most of the equipment will be built off-site. He
discussed the haul route selection and requested the removal of the Improvements and Road
Maintenance Agreement due to post construction traffic being limited. He clarified they do
understand there will be traffic during construction and requested the language be modified to a
"repair agreement" rather than a long-term agreement. He summarized Elevation's commitment
to Weld County and reiterated how the company uses the Best Management Practices and
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technologies. In response to Commissioner Kirkmeyer, Mr. Eyser clarified there will be up to
six (6) passenger vehicles and one (1) truck visiting the site after construction is complete.
Chair Moreno opened the hearing for public input.
la In response to Bill Wycoff, SPO, regarding haul routes, Commissioner Kirkmeyer explained
the process of a probable cause hearing if an applicant is not in compliance with their permit.
Mr. Wycoff expressed frustration with the proposed industrial use and similar surrounding uses
locating in a rural residential agricultural area. He referenced Mr. Eyser's statement regarding the
facility's low emissions, and expressed his opinion of natural gas powered compressor stations.
He mentioned he would like to see more electrical compressors.
• Randall Duncan, SPO, showed where he lives on the displayed map and expressed concern
with locating an industrial facility on agricultural land. He stated agriculture is the best and highest
use for the parcel, and mentioned the proposed use is detrimental to his and other SPO's property
values. He stated his opposition and asked for clarification regarding flaring gas. He further asked
how to keep the applicant accountable and compliant with their sound, light and air pollution
standards. In response to Mr. Duncan, Commissioner Kirkmeyer explained the consequences if
the applicant does not comply with the COAs and DS.
▪ Hazel Frank, SPO, provided a summary of her requests to be included in the Resolution, a
copy of her testimony and various images (Exhibit J), and stated Elevation has been good to work
with. She described a meeting she had with XTR in January of 2018, and explained there was a
community meeting held at her home in February of 2018. She described the site layout, including
the visual mitigation, and suggested a berm along the northeast corner of the compressor station
would best protect her home. However, she indicated she was not happy with the location of the
substation in proximity to her home. She compared the proposed facility to a similar substation
and indicated the difference in size for the proposed facility after phase one (1) and phase two (2).
She requested additional visual mitigation and expressed she had no concerns with the Central
Gathering Facility. Ms. Frank described Elevation's commitments and agreements regarding the
size, noise and visual mitigation of the site; however, she would also like them to be included in
the Resolution. She stated the project will have an adverse impact to her property, and referred
to the list request she provided (Exhibit J). Ms. Frank reiterated the applicant has been very
responsive and easy to work with.
• In response to Chair Moreno, Mr. Eyser reiterated his request regarding the Improvements
and Road Maintenance Agreement.
El Commissioner Kirkmeyer indicated her support of the application and suggested modifying
Condition of Approval (COA) #1.A to be only during construction. She further recommended
deleting COA#1.D regarding the referral from the Town of Erie, incorporating the Dark Sky Policy
into the Lighting Plan in COA #1.G, and deleting "the vendors, customers and/or" from
COA#1.K.8 regarding the parking area. Commissioner Kirkmeyer stated she is not in support of
two (2) accesses on CR 6 and suggested limiting COA #1.K.11 to include only one (1) access,
being the approved west access. Commissioner Kirkmeyer addressed the requests from
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Ms. Frank (included in Exhibit J) and after further discussion, the Board agreed to list the first
five (5) items of Ms. Frank's requests under COA#1.E. Commissioner Kirkmeyer explained the
sixth request item is regarding noise and, after further discussion regarding expansion after phase
two (2), the Board and staff created a new DS #3 to state, "There will not be additional expansion
of the footprint of the facility beyond the plans submitted." Commissioner Kirkmeyer suggested
deleting DS#5 regarding a parking area, and amend DS#16 to include the language from DS #17
in USR18-0069 regarding changes to the COGCC regulations for Exploration and Production
(E&P) waste will be submitted and reviewed by the Weld County Department of Public Health and
Environment. She further requested deleting all but the first sentence in DS #20 regarding
adequate drinking and washing facilities, and clarified for the applicant, DS #13 regarding an
Emergency Action Plan.
Mr. Gathman explained the property is unique with the gathering facility, compressor station,
and substation and stated the substation had applied for a Subdivision Exemption to define the
boundaries of the substation facility. Therefore, he requested modifying the legal description to
state the boundaries of the USR are excepting out the Subdivision Exemption. He further
suggested addressing the Subdivision Exemption in a condition, but the Board chose to not
include it in the conditions.
Ei After discussion regarding COA #1.A regarding off-site improvements, the Board and staff
agreed to delete all parts of the condition to have it read, "During construction, a Road
Maintenance Agreement is required."
In response to Chair Moreno, Mr. Eyser indicated they had reviewed, and agree to abide by,
the Conditions of Approval and Development Standards, as amended.
Commissioner Cozad moved to approve the request of Elevation Midstream, LLC, for a Site
Specific Development Plan and Use by Special Review Permit, USR18-0061, for an Oil and Gas
Support and Service Facility (Central Gathering Facility to receive produced water, oil and gas
along with a compressor station facility) in the A (Agricultural) Zone District, based on the
recommendations of Planning staff and the Planning Commission, with the Conditions of Approval
and Development Standards as entered into the record. The motion was seconded by
Commissioner Conway, and Commissioner Cozad reiterated thanks to the neighbors and the
applicant for working together. Commissioners Conway and Kirkmeyer, and Chair Moreno echoed
the comments made by Commissioner Cozad and reiterated their thanks. There being no further
discussion, the motion carried unanimously and the hearing was completed at 4:34 p.m.
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This Certification was approved on the 10th day of December, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: C
Steve Moreno, Chair •
Weld County Clerk to the Board
arbara Kirkme e , Pro-Tem
BY:
Deputy Cle to the :oard #%�� � �
can P. Conway
APPRO AST M ` ' t**:.1 �r �id-4;
Fair
~�►lie A. Cozad
6u t Korney 1� ��EXCUSED
Mike Freeman
Date of signature: 1123/16i
2018-3806
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