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Home My WebLink About20151367.tiff HEARING CERTIFICATION DOCKET NO. 2015-48 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR15-0012, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, INCLUDING OIL AND GAS STORAGE FACILITIES (CRUDE OIL POLISHING TERMINAL), TRANSLOADING, OUTDOOR EQUIPMENT AND MATERIALS STORAGE YARD IN THE A (AGRICULTURAL) ZONE DISTRICT - SADDLE BUTTE ROCKIES MIDSTREAM, LLC A public hearing was conducted on May 20, 2015, at 10:00 a.m., with the following present: Commissioner Barbara Kirkmeyer, Chair - EXCUSED Commissioner Mike Freeman, Pro-Tern Commissioner Sean P. Conway - EXCUSED Commissioner Julie A. Cozad Commissioner Steve Moreno Also present: Acting Clerk to the Board, Tisa Juanicorena Assistant County Attorney, Brad Yatabe Planning Services Department representative, Kim Ogle Planning Services Engineer representative, Wayne Howard Health Department representative, Heather Barbare The following business was transacted: • I hereby certify that pursuant to a notice dated April 17, 2015, and duly published April 22, 2015, in the Greeley Tribune, a public hearing was conducted to consider the request of Saddle Butte Rockies Midstream, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0012, for Mineral Resource Development Facilities, including Oil and Gas Storage Facilities (crude oil polishing terminal), transloading, outdoor equipment and materials storage yard in the A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made this a matter of record. • Chair Pro-Tem Freeman advised Trent Miller, applicant, that, since Commissioner Conway and Chair Kirkmeyer were not able to be present, he had the option of continuing this matter to a date with the full Board present. However, if he decides to proceed today, it will require three affirmative votes. Mr. Miller indicated he would like to proceed. El Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and stated the location of the site, location of the nearest residence, and current use of the site as non-irrigated rangeland. Surrounding land uses include oil and gas operations and rural residences. To date, staff has received no communication objecting to this use. Mr. Ogle stated the site is not within a three (3) mile referral area of any municipality, nor any intergovernmental agreement area. He explained the applicant's intent to construct a 64-mile pipeline which will terminate at the crude oil polishing terminal, identified as the Milton Terminal. From the Milton Terminal, the crude will be transported through an interconnecting pipeline with the CC' CA;Tc3 Nt� uhS 2015-1367 PL2344 HEARING CERTIFICATION - SADDLE BUTTE ROCKIES MIDSTREAM, LLC (USR15-0012) PAGE 2 adjacent Wycliffes Roserock Terminal. Additional crude oil will be moved through another pipeline 13 miles to a central facility in Fort Lupton. Saddle Buttes gathering system is designed to transport approximately 45,000 barrels of oil each day collected from existing oil development in the immediate area to the offload facility at the Milton terminal. He explained the truck loading and offloading facility will include two (2) lanes to accommodate semi-trucks, 16 acres will be used for storage and potential future expansion. He further explained the entire site will be surrounded by a security fence and all entrances will have a gate with emergency shutdown devices. Mr. Ogle reviewed the hours of operation and stated staff sent out 18 referrals and received four (4) responses without comments and five (5) responded with comments. He entered the favorable recommendation of the Planning Commission into the record as written and displayed photos of the site, adjacent views, and surrounding properties. In response to Commissioner Cozad, Mr. Ogle stated nothing is currently operating on-site, and clarified the accesses for this site, the future proposed connection to Wycliffes, and the size of the operation in relation to the parcel. Wayne Howard, Planning Services Engineer, provided a brief overview of the transportation plans and requirements and reviewed the location in relation to the access for the site, from County Road (CR) 30. He provided the daily traffic counts and stated a traffic narrative has been sumbmitted to include the approved Access Permit, AP15-00106, number of round trips and employees, and the truck routes. Mr. Howard stated tracking control is required onto CR 30, with options to include a tracking device and 100 feet of ashapt, or 300 feet of asphalt. He explained the applicant has been asked to enter into an Improvements and Road Maintenance Agreement and the site is not in a geologic hazard or floodplain area. A drainage letter with water quality calculations has been accepted by engineering and the applicant is in receipt of a Grading Permit, GRD15-00036. In response to Commissioner Cozad, Mr. Howard clarified the access location, stated because of the exact location it will remain a private easement and a nonexcusive licence is not required, and a full drainage report is not necessary because of the 10% waiver allowance. a Heather Barbare, Department of Public Health and Environment, reviewed the water and sewer provisions and stated the applicant is proposing to provide water for drinking and sanitary purposes by commercial well and will use an existing septic system for the facility. During construction activities, the applicant will provide bottled water and portable toilets. She stated the required Waste Handling Plan, Dust Abatement Plan, Noise Abatement Plan, and an Air Pollution Emissions Narrative have been submitted, and she reviewed the other relative Conditions of Approval and Development Standards. Trent Miller, applicant, provided a PowerPoint presentation and explained Saddle Butte Rockies Midstream is responsible for contructing pipelines to transport product from one location to another. He reviewed the property location, plans for the pipeline construction and tank storage, and stated the initial proposal is for 30,000 barrel tanks, polishing facilities, and a truck onload and offload facility. He further explained the truck loading area is only used if/when the pipeline is shut down. In response to Commissioner Moreno, he clarified the different sizes of pipe in relation to the phase of transport based on pressure settings and product process. Mr. Miller discussed current client needs and expressed growth and expansion may come later. He addressed some of the concerns mentioned at Planning Commission as landscape screening, access, tracking road maintenance, and flares. He clarified the only time it is necessary to flare 2015-1367 PL2344 HEARING CERTIFICATION - SADDLE BUTTE ROCKIES MIDSTREAM, LLC (USR15-0012) PAGE 3 is when onloading or offloading trucks, which should be rare, due to the nature of predominantly piping product. Mr. Miller stated they are working with staff regarding tracking control and have plans to install the 300 feet of aspahlt and are currently getting quotes. He further reviewed the access concern related to emergencies and explained the plan with the LaSalle Fire Protection District. In response to Commissioner Cozad, Mr. Miller explained the polishing proccess they contractually provide to their clients, and Ryan Cheese, project manager, reviewed the safety measures and lightning protection measures being put into place. Pedro Mendez, neighbor to the north, discussed how this project is impacting his property, fence needing to be moved, and the impact and change to the views from his home. In response to Commissioner Moreno, Mr. Mendez stated he works in the industry and understands how it all works, but it is in his backyard and it is not quiet. He mentioned he no longer sees green pastures, instead he sees storage tanks and soon to be a pipeline. He stated he is not in favor of the project. ki Mr. Miller addressed the issues mentioned by Mr. Mendez and stated they have met with the Mendez family and became aware of some of these concerns only recently and they are willing to work with the neighbor. He further explained the future easement in conjunction with moving the road to the north boundary of the property which would be adjacent to the Mendez property. Mr. Miller mentioned the problem for the neighbors with the irrigation ditch in regards to the access and conveyed the new road will solve some of those problems. In response to Chair Pro-Tem Freeman, Mr. Miller confirmed Saddle Butte will work out agreements with neighbors to allow access to the road. In response to Commissioner Cozad, Mr. Miller stated he can't commit to anything as far as landscaping because this issue has only recently been communicated to them, but he did say they are willing to cooperate with the Mendez family. In response to Chair Pro-Tem Freeman, Mr. Miller stated he had no questions or concerns regarding the Conditions of Approval (COA) and Development Standards (DS). Commissioner Cozad recommended discussing language to add a Condition regarding landscaping and screening on the north side. In response to Chair Pro-Tem Freeman, Mr. Miller clarified the distance to the Mendez residence. In response to Commissioner Cozad, Mr. Howard stated the triggers for road improvements are covered, and Ms. Barbare suggested the word "approved" be changed to "accepted" on both DS #6 and #7, and on DS #7, change the wording to reflect fugitive dust shall "attempt"to be confined, based on prior direction from the Board. In response to Commissioner Moreno, Mr. Miller clarified the hours of operation, and Chair Pro-Tem Freeman clarified the mitigation steps to address complaints regarding noise. Mr. Yatabe reminded the Board to revisit the request for a new COA related to landscaping and screening. Mr. Ogle added landscaping and screening language as the new COA#1.C.10, and Mr. Howard explained why the gate setback requirement was removed. El Chair Pro-Tem Freeman reviewed the changes for the applicant. Ms. Barbare clarified the language change for DS #12, and suggested it read, "A spill prevention and countermeasure plan prepared in accordance with the applicable provisions of 40 CFR part 112 shall be available on-site at all times."The Board agreed with all the changes. 2015-1367 PL2344 HEARING CERTIFICATION - SADDLE BUTTE ROCKIES MIDSTREAM, LLC (USR15-0012) PAGE 4 la In response to Chair Pro-Tern Freeman, Mr. Miller indicated he has reviewed, and agrees to abide by, the Conditions of Approval and Development Standards, as amended. la Commissioner Moreno moved to approve the request of Saddle Butte Rockies Midstream, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0012, for Mineral Resource Development Facilities, including Oil and Gas Storage Facilities (crude oil polishing terminal), transloading, outdoor equipment and materials storage yard 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 Cozad, who also thanked the public for coming and the applicant for doing a good job on the application. She also encouraged the applicant to continue to be a good neighbor. Commissioner Moreno concurred with Commissioner Cozad and stated he was on the Oil and Gas Task Force and appreciates the efforts being made to communicate and cooperate with the surrounding residents. The motion carried unanimously. There being no further discussion, the hearing was completed at 10:58 a.m. This Certification was approved on the 27th day of May, 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dac EXCUSED +N G' �CL/v�� Barbara Kirkmeyer, Chair Weld County Clerk to the Board Mike Freeman, Pro-Tem B . S /_. $ • - f.. .I A I De 'u9 Clerk to the Bo:rd •4I F, CUSED 1'/I,.::n P. Co ay (/,///� �G/ 1861 t.Mr.esi f• WA &_,_()," ' / ,^,, ajt . Cozad• v •� f'eve Moreno 2015-1367 PL2344 d N N .' 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