HomeMy WebLinkAbout20170415.tiffHEARING CERTIFICATION
DOCKET NO. 2017-10
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR16-0042, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS
STORAGE FACILITY WITH TRANSLOADING; AND ANY USE PERMITTED AS A USE
BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL
OR INDUSTRIAL ZONE DISTRICTS AND A CONSTRUCTION LAYDOWN YARD,
PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED
SUBDIVISION PLAT OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF
ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL)
ZONE DISTRICT - ALVIN DECHANT JR. AND DAVID DECHANT, C/O NBL
MIDSTREAM HOLDINGS, LLC
A public hearing was conducted on February 22, 2017, at 10:00 a.m., with the following present:
Commissioner Julie A. Cozad, Chair
Commissioner Steve Moreno, Pro -Tern
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer - EXCUSED
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
Planning Services Engineer representative, Hayley Balzano
Health Department representative, Ben Frissell
The following business was transacted:
Chair Cozad clarified, for the record that, she has no conflict of interest with Noble Energy
or Tetra Tech and she has had no outside contact with either entity regarding this case.
I hereby certify that pursuant to a notice dated January 20, 2017, and duly published
January 25, 2017, in the Greeley Tribune, a public hearing was conducted to consider the request
of Alvin Dechant Jr. and David Dechant, c/o NBL Midstream Holdings, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR16-0042, for Mineral Resource
Development Facilities, Oil and Gas Storage Facility with Transloading; and any Use permitted
as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial
Zone Districts and a construction laydown yard, provided that the property is not a lot in an
approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any
regulations controlling subdivisions in the A (Agricultural) Zone District. Bob Choate, Assistant
County Attorney, made this a matter of record.
Chair Cozad reviewed, for the public, the procedures to follow should this case result in a
tie vote due to four Commissioners being present and one Commissioner excused.
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2017-0415
PL2457
grading requirements and reviewed the relevant
Standards related to engineering.
Ben Frissell, Department of Public Health and
provisions, stating bottled water and portable toilets
(DS) #6-18 are typical Environmental Health items.
HEARING CERTIFICATION — ALVIN DECHANT JR. AND DAVID DECHANT, C/O NBL
MIDSTREAM HOLDINGS, LLC (USR16-0042)
PAGE 2
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
stated the site is located on an 80 -acre parcel and he reviewed the relevant County Roads
adjacent to and in close proximity of the site. Mr. Ogle stated the site is not located within the
three (3) mile referral area of any municipality or intergovernmental agreement area. He explained
the proposal will generate little traffic and he described the surrounding land uses and nearest
residences. Mr. Ogle stated there has been no correspondence from surrounding property owners
and the only notable objection was from Anadarko in reference to mineral rights and access. He
described the three (3) phases of potential implementation and stated 16 referrals were sent out
with five (5) responses received. Mr. Ogle displayed images of the site and surrounding properties
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 an Access Permit has been granted, AP#16-00591,
stipulating the usage of the existing accesses. He reviewed the average daily traffic counts and
stated, based on the traffic narrative, there would be no tracking control or Improvements
Agreement required.
Hayley Balzano, Planning Services Engineer representative, presented the drainage and
Conditions of Approval and Development
Environment, reviewed the water and sewer
are acceptable and Development Standards
Pam Hora, TetraTech, represented the applicant and began by introducing the team of
individuals present and available to answer questions. She displayed a PowerPoint presentation
and reviewed the location, lease agreement and access agreement with the Dechants,
compatibility and neighbor outreach. She described, in detail, the three (3) potential phases of
development depending on the market demand and explained the operations related to each
phase. Ms. Hora emphasized the site will utilize pipelines and should only need occasional
transloading in the event the pipeline is unavailable due to maintenance. She reviewed the hours
of operation and number of employees and clarified that the expansion phases would not increase
the number of employees. Ms. Hora stated the site would generate very low traffic, have restroom
facilities, a fenced perimeter, security gate, and a detention pond to capture runoff in the areas
that increase in imperviousness. She reviewed the fire district access and, in response to Chair
Cozad, clarified the detention pond is located on the south side of phase one and north of the
potential laydown yard. She explained, in detail, the concerns that Anadarko brought to their
attention and stated the applicant is working with them. Ms. Hora concluded with compatibility
and consistency with Code criteria and asked for approval.
No public testimony was offered concerning this matter.
2017-0415
PL2457
HEARING CERTIFICATION - ALVIN DECHANT JR. AND DAVID DECHANT, CIO NBL
MIDSTREAM HOLDINGS, LLC (USR16-0042)
PAGE 3
• In response to Chair Cozad, Ms. Hora stated there are future applications addressing
proposed pipelines and gathering lines. In further response, Ms. Hora stated this project will
connect to existing gathering lines to travel to market.
In response to Chair Cozad, Ms. Balzano stated the Division of Water Resources (DOWR)
has implemented a new referral that addresses the requirements regarding water holding times
and detention facilities and if the requirements are not met they would be managed by the DOWR.
El Jeff Butson, Tetratech, explained this new referral is a result of a State Bill that was passed
requiring the registration of detention ponds and stipulations regarding water rights and release
times. He thought there may have been five (5) conditions that now need to be met and there are
still some questions surrounding this new implementation regarding who will register the detention
ponds and who will manage the conditions. In response to Chair Cozad, Mr. Butson stated the
final drainage report will formally address the conditions.
El In response to Commissioner Conway, Ms. Hora confirmed there are other applications for
pipelines in the future that will potentially tie into the proposed facility. She deferred to Mr. Pickerel
to provide a more detailed answer if crude cannot be moved via pipeline.
• Greg Pickerel, Noble Energy, explained the entire area operation in detail to include
response plans if a pipeline is inactivated. He stated they would request temporary permission to
truck the crude and water, if necessary.
In response to Commissioner Conway, Mr. Pinkham stated an Improvements Agreement
would need to be put into place if the truck trips surpassed 21 per day. Chair Cozad recommended
adding a condition to reflect the possibility that the number of truck trips may trigger the need for
an Improvements Agreement. In response to Chair Cozad, Mr. Ogle clarified the USR allows for
transloading; �therefore, an amendment would not be necessary.
q
t Mr. Choate suggested an Improvements Agreement be required as a Condition and include
language that explains it does not impose any obligation on them unless the truck trips are
triggered. In response to Commissioner Conway, Mr. Choate recommended it become the new
Condition of Approval (COA) #1.A. The applicant requested the fees be held off until it is triggered.
Mr. Choate interjected that specific language can be added for that purpose. The Board agreed.
• In response to Commissioner Conway, Ms. Hora stated no additional employees are needed.
• In response to Chair Cozad, Ms. Hora indicated the applicant has reviewed, and agrees to
abide by, the Conditions of Approval and Development Standards, and they have no further
questions or concerns.
• Chair Cozad stated Mr. Choate is preparing language for the new condition requiring an
Improvements and Road Maintenance Agreement. In response to Chair Cozad, Mr. Choate read
the proposed language which was acceptable to the Board and the applicant. Commissioner
2017-0415
PL2457
Date of signature: 8/Cott 7
HEARING CERTIFICATION - ALVIN DECHANT JR. AND DAVID DECHANT, C/O NBL
MIDSTREAM HOLDINGS, LLC (USR16-0042)
PAGE 4
Freeman interjected direction to staff to review emergency language to reflect short periods of
time in relation to the preparation for the Improvements Agreement. The Board agreed.
(Clerk's Note: Subsequent to the hearing, Mr. Choate provided modified language to be inserted
as COA #1.A.)
Commissioner Moreno moved to approve the request of Alvin Dechant Jr. and David
Dechant, do NBL Midstream Holdings, LLC, for a Site Specific Development Plan and Use by
Special Review Permit, USR16-0042, for Mineral Resource Development Facilities, Oil and Gas
Storage Facility with Transloading; and any Use permitted as a Use by Right, Accessory Use, or
Use by Special Review in the Commercial or Industrial Zone Districts and a construction laydown
yard, provided that the property is not a lot in an approved or recorded subdivision plat or part of
a map or plan filed prior to adoption of any regulations controlling subdivisions 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 Freeman, and it carried
unanimously. There being no further discussion, the hearing was completed at 11:20 a.m.
This Certification was approved on the 27th day of February, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORPSPO
ATTEST: detat,1)..(d4;64,
Weld County Clerk to the Board
BY
ty Clerk to the Board
APP' : ' ' D AS TO
Ju ie A.
ozad, Chair
Steve Moreno, Pro -Tern
EXCUSED DATE OF APPROVAL
Sean P. Conway
ike Freeman
y At orney EXCUSED
Barbara Kirkmeyer
2017-0415
PL2457
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