HomeMy WebLinkAbout20181511.tiffHEARING CERTIFICATION
DOCKET NO. 2018-47
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0018, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING
OIL AND GAS SUPPORT AND SERVICE (TWO (2) GAS COMPRESSORS
ASSOCIATED WITH GAS PROCESSING OR WHICH COMPRESS GAS TO ENTER A
PIPELINE FOR TRANSPORT TO MARKET) AND ONE (1) 100 -FOOT IN HEIGHT
COMMUNICATIONS TOWER IN THE A (AGRICULTURAL) ZONE DISTRICT - NCWYO
ASSETS, LLC, C/O DCP OPERATING COMPANY, LP
A public hearing was conducted on May 23, 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, Kim Ogle
Public Works Department representative, Evan Pinkham
Public Works Engineer representative, Hayley Balzano
Health Department representative, Ben Frissell
The following business was transacted:
_=ry I hereby certify that pursuant to a notice dated April 10, 2018, and duly published April 13,
2018, in the Greeley Tribune, a public hearing was conducted to consider the request of NCWYO
Assets, LLC, c/o DCP Operating Company, LP, for a Site Specific Development Plan and Use by
Special Review Permit, USR18-0018, for Mineral Resource Development Facilities including Oil
and Gas Support and Service (two (2) gas compressors associated with gas processing or which
compress gas to enter a pipeline for transport to market) and one (1) 100 -foot in height
Communications Tower in the A (Agricultural) Zone District. Bob Choate, Assistant County
Attorney, made this a matter of record.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
described the site location in relation to relevant County roads, and situated on a 16.02 -acre lease
hold parcel that is within the three (3) mile referral area of the Town of Eaton, which had no
comment regarding the application. He described the topography, adjacent land uses, nearest
residence, and potential height of the proposed communications tower. Mr. Ogle stated staff
received one electronic mail citing concerns regarding the close proximity to their residence,
noise, traffic and drainage problems. He reviewed DCP's desire to expand operations related to
gathering natural gas and described the proposed Northstar facility to be unmanned, fully fenced,
and in constant operation. Mr. Ogle stated DCP is proposing visual mitigation to include a split
rail fence around the entire perimeter of the parcel and landscaping to include evergreen plants.
He stated 13 referrals were sent out with two (2) responses that included comments. He displayed
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images of the site and surrounding views and entered the favorable recommendation of the
Planning Commission into the record as written.
Hayley Balzano, Public Works Engineer representative, provided a brief overview of the
transportation plans and requirements, stating access to the site is from CR 47 and it should be
noted that the access location for the permit does not meet the spacing criteria; therefore, the
Access Permit has not been completed. She provided the average daily traffic count to include
truck percentages for CR 47 and stated according to the traffic narrative, as provided by the
applicant, that during construction there will be approximately 20-50 passenger vehicles and one
to two semi -truck trips per day and after the construction is complete, there will be approximately
one to two daily passenger vehicle trips. She clarified that Public Works is requesting an
Improvements Agreement to be in effect during construction. Ms. Balzano reviewed the drainage
and grading requirements and stated a final drainage report must be submitted prior to recording
the plat. Lastly, she stated Development Standard (DS) #16, regarding maintenance of the
right-of-way, can be removed. In response to Commissioner Kirkmeyer, Ms. Balzano stated the
proposed access location does not meet the spacing requirements and that she will research if
this is an existing access.
Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating during and after construction that bottled water and portable toilets are
acceptable and DS #19-35 address Environmental Health items.
Patrick Groom, Attorney with Barry, Witwer, Oldenburg and Groom, represented the
applicant and submitted oversized photos (Exhibit D) to the Commissioners and Counsel. He
began by stating the proposed access is existing and utilized by the fee owner and/or Noble
Energy. Furthermore, he clarified Public Works would like this access to be vacated and a new
access that meets the spacing requirements be issued, however, the applicant is proposing to
use the existing access. Mr. Groom explained this compressor design is exactly the same design
as the compressor station and communication tower proposed in the prior hearing, except the
site plan is reversed. He reviewed the details of the community meeting in which 13 individuals
attended and expressed concerns. Mr. Groom stated DCP is committed to the Dark Skies
Standard, except in the case of an emergency or maintenance that can only be performed at
night, and there will be one light on continuously at the access gate. He reviewed the noise
modeling standard and stated DCP is committed to the residential daytime standard of 55 dBA to
be adhered to 24 -hours a day and as measured at the perimeter. He reported Mr. Johnson
expressed concerns regarding drainage and DCP has had discussions with him to explain the
engineer design and requirement for a water quality pond to be located on the Subdivision
Exemption lot and intended to capture any drainage that falls outside the historic patterns and
promote regulated flows outside the pond; therefore, he asserted drainage will improve. Mr.
Groom reviewed the proposed landscaping and screening plans to include a split rail concrete
fence with a chain -link fence located inside the parent parcel and surrounding the compressor
site and landscaping to include berms and trees.
Ei John Johnson, surrounding property owner, stated he is the owner of Johnson Dairy and he
is not battling against the gas plant but he explained he has a big dairy with a big footprint and he
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expressed his concern with the drainage issues that have gotten worse since Noble purchased
the property being leased to DCP. He explained the need for additional, larger culverts and stated
there is nowhere for the runoff to go except to flood his property and he is frustrated as he has
been dealing with flooding issues, since 1996, and this situation has made it worse. Mr. Johnson
also requested additional communication companies be able to co -locate to the proposed
communications tower because it is a dead zone currently with no phone service in the Galeton
area and this would help the community greatly. He further requested the County take a look at
his Improvements Agreement and remove some of the burden off of Johnson Dairy as the
increase of traffic to the area has not been a result of his operation as there is an enormous
number of water trucks using CR 47. He reiterated his request for help regarding the drainage
issues as it is sure to get worse and he has no idea who to contact.
_= Commissioner Kirkmeyer stated she sent an email to the Director of Public Works requesting
he review the Improvements Agreement related to the Johnson Dairy, specifically regarding dust
control and maintenance of the road; and, secondly that he work with the applicant, staff and
Noble to get a meeting scheduled to address the drainage problems.
El Commissioner Conway pointed out Dawn Anderson, Public Works representative, to
Mr. Johnson. Mr. Johnson expressed his appreciation and requested DCP notify whomever from
Noble to help get a meeting scheduled and to immediately address the removal of weeds on the
property.
Commissioner Cozad stated she is the Commissioner Coordinator for the Department of
Public Works this year and she noted what has taken place today and stated she will also speak
to the Director of Public Works regarding the culvert sizes and the ditch sizes in that area. She
emphasized it is a good idea to have a meeting. Mr. Johnson requested they look at culvert sizes
in conjunction with driveway widths due to the weight of semi -trucks and trailers crossing the
culverts and crushing them because the driveway widths are too narrow.
El Mr. Groom stated he appreciates the comments made by Mr. Johnson and clarified that DCP
invites co -location as long as DCP safety protocol is followed. He stated DCP understands they
will have an Improvements Agreement during construction and expect a proration of responsibility
regarding maintenance due to significant truck traffic, however, after the construction period, there
will be very little impact. He explained he can appreciate the concerns related to drainage;
however, DCP has submitted a drainage report to Public Works and the design will capture runoff
from the site to preserve historic drainage patterns but DCP is not the property/fee owner and
cannot tell Noble what to do. He stated he has attempted to contact Noble to initiate a meeting
and hopefully they will cooperate.
In response to Chair Moreno, Mr. Groom requested edits reflective of the prior case as
amended by the Board.
Commissioner Kirkmeyer reviewed the changes reflective of the prior hearing to include
amending Condition of Approval (COA) #1.A to stipulate the Improvements Agreement be
required only during construction and to eliminate the verbiage after the second sentence. She
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provided direction to the applicant regarding COA #1.D in consideration of other tree varieties,
and she provided direction to staff regarding COA #1.G to ensure that the lighting plan includes
the Dark Skies Standard. In response to Commissioner Kirkmeyer, Ms. Balzano provided an
update regarding COA #1.H.6 and stated the application for the Access Permit is currently in the
process and the existing access will be used for construction and staff will permit an approved
Access. Commissioner Kirkmeyer reiterated that Development Standard (DS) #4 shall read, "The
improvements on the site shall be maintained in accordance with the approved Visual Mitigation
and Screening Plan." Regarding DS #9, she added language to specify colocation is permissible
pursuant to the applicant's safety protocols. She stated DS #11 needs to indicate "operator" rather
than "property owner" and DS #16 can be deleted. Lastly, she stated as a part of the findings and
in relation to DS #30, that the applicant has demonstrated they can meet the modeling submittal
regarding noise levels of 55 decibels, 24 hours per day.
ti I In response to Chair Moreno, Mr. Groom indicated on behalf of DCP Operating Company,
LP, that they have reviewed, and agree to abide by, the Conditions of Approval and Development
Standards, as amended.
Commissioner Freeman moved to approve the request of NCWYO Assets, LLC, c/o DCP
Operating Company, LP, for a Site Specific Development Plan and Use by Special Review Permit,
USR18-0018, for Mineral Resource Development Facilities including Oil and Gas Support and
Service (two (2) gas compressors associated with gas processing or which compress gas to enter
a pipeline for transport to market) and one (1) 100 -foot in height 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
Kirkmeyer stated the motion includes her additional findings, the updated Noise Plan and the
Visual Mitigation and Screening Plan. Commissioner Conway reminded Mr. Johnson to follow up
with the Department of Public Works regarding his drainage concerns. There being no further
discussion, the motion carried unanimously and the hearing was completed at 2:00 p.m.
2018-1511
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This Certification was approved on the 30th day of May, 2018.
BOARD OF COUNTY COMMISSIONERS
WEL COUNTY, COLORADO
ATTEST: dititet) .aC11D•,,k.
Weld County Clerk to the Board
Steve Moreno, Chair
arbara Kirkme e , Pro-Tem
Sean P. Conway
ED ASXCUSED DATE OF APPROVAL
orney
Date of signature: 7-i -/8
ulie A. Cozad
Mike Freeman
2018-1511
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ATTENDANCE LIST
DATE: :,---Esa1/43/ GO I
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