HomeMy WebLinkAbout20150900.tiff HEARING CERTIFICATION
DOCKET NO. 2015-25.B
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR15-0001, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, INCLUDING
OIL AND GAS SUPPORT AND SERVICE FACILITIES (COMPRESSOR STATION FOR
NATURAL GAS AND ALL RELATED EQUIPMENT) IN THE A (AGRICULTURAL)
ZONE DISTRICT- L&S CAPITAL LTD, C/O BONANZA CREEK ENERGY OPERATING
COMPANY, LLC
A public hearing was conducted on May 13, 2015, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tern
Commissioner Sean P. Conway
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, Diana Aungst
Planning Services Engineer representative, Wayne Howard
Health Department representative, Heather Barbare
The following business was transacted:
0 I hereby certify that pursuant to a notice dated February 27, 2015, and duly published
March 4, 2015, in the Greeley Tribune, a public hearing was conducted on April 8, 2015, to
consider the request of L&S Capital LTD, do Bonanza Creek Energy Operating Company, LLC,
for a Site Specific Development Plan and Use by Special Review Permit, USR15-0001, for
Mineral Resource Development Facilities, including Oil and Gas Support and Service Facilities
(compressor station for natural gas and all related equipment) in the A (Agricultural) Zone
District, at which time the Board continued the matter to May 13, 2015, to allow the applicant the
opportunity to have a full quorum hear the case. Brad Yatabe, Assistant County Attorney, made
this a matter of record.
0 Diana Aungst, Department of Planning Services, presented a brief summary of the
proposal and stated staff sent out 11 referrals and received nine (9) responses with no
concerns. She communicated the applicant intends to operate a natural gas compressor station
24 hours per day, seven (7) days per week. She stated there is no landscaping proposed, the
remote location ensures compatibility with surrounding land uses, and it will be an unmanned
facility. The application materials depict lighting and a security fence that surrounds the site, and
later the application was revised to remove the telecommunications tower, with no structures
proposed to be built in the floodplain portion of the property. She described the adjacent
property uses and stated the closest residence is two (2) miles from the site and there are no
USRs within one (1) mile. Staff has received no communications regarding this propsoal and it
is not within the three (3) mile referral area of any municipality, nor any intergovernmental
agreement area. Ms. Aungst entered the favorable recommendation of the Planning
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HEARING CERTIFICATION - L&S CAPITAL LTD, C/O BONANZA CREEK ENERGY
OPERATING COMPANY, LLC (USR15-0001)
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Commission into the record as written and displayed photos of surrounding properties, views
and uses.
El Wayne Howard, Department of Planning Services Engineer, provided a brief overview of
the transportation plans and requirements stating the location of the property and the access
from County Road (CR) 89. Staff has requested the applicant complete a Nonexclusive License
Agreement for the use of the right-of-way and there are no traffic counts available. The traffic
information stated the unmanned facility will consist of one employee per day in a pickup truck
and construction traffic would consist of approximately 25 vehicles per day and Mr. Howard
reviewed the traffic routes. The Access Permit has been granted, AP#14-00489, and tracking
control is required and may consist of gravel or road base. Mr. Howard stated the site is within a
floodplain but none of the drainage is within the floodplain; and, the applicant shall maintain the
natural historical drainage patterns. Lastly, if more than one (1) acre is disturbed, a grading
permit will be required.
O Heather Barbare, Department of Public Health and Environment, reviewed the water and
sewer provisions and stated the applicant will provide a portable toilet and bottled water for
personnel visiting the site. She communicated the applicant submitted a Dust Abatement Plan
and Waste Handling Plan and she reviewed the relevant Development Standards to include the
recommended changes.
El Christina White, White Engineering, represented the applicant, and began by expressing
appreciation for the positive experience working with staff and the proactive measures taken to
make necessary changes ahead of time and in preparation for this hearing. She stated she had
reviewed and discussed changes to the Development Standards (DS) with staff, filed for and
received the grading permit, and have a Stormwater Management Plan from the State of
Colorado in place. In response to Commissioner Cozad, Ms. White explained the safety
measures that are in place for the unmanned facility.
e No public testimony was offered concerning this matter.
e In response to Chair Kirkmeyer, Ms. White indicated she had reviewed and discussed any
questions or changes with her client and Planning Services prior to today's hearing.
• Chair Kirkmeyer asked staff to review the changes to the resolution for the record.
Ms. Barbare reviewed the suggested changes for the record regarding DS #15 to add the
wording, "The applicant shall operate in accordance with the accepted Waste Handling Plan,
and with Chapter 14, Article 1 of the Weld County Code, at all times." And, she added the
wording to DS #16, "Fugitive dust shall attempt to be confined on the property. Uses on the
property shall comply with the Colorado Air Quality Commission's Air Quality Regulations."
Lastly, Ms. Barbare completely changed DS #22 to read, "Secondary containment shall be
constructed around tanks to provide containment for the largest single tank and sufficient
freeboard to contain precipitation. A synthetic or engineered liner shall be placed directly
beneath each above-ground tank. Secondary containment shall be sufficiently impervious to
contain any spilled or released material. Secondary containment devices shall be inspected at
regular intervals and maintained in good condition." Commissioner Cozad recommended
2015-0900
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deleting Conditions of Approval #1.B.4 and #1.B.10. The Board concurred with all suggested
changes.
IE In response to Chair Kirkmeyer, Ms. White, representing L&S Capital LTD, do Bonanza
Creek Energy Operating Company, LLC, indicated she has reviewed, and agrees to abide by,
the Conditions of Approval and Development Standards, as amended.
ei Commissioner Cozad moved to approve the request of L&S Capital LTD, do Bonanza
Creek Energy Operating Company, LLC, for a Site Specific Development Plan and Use by
Special Review Permit, USR15-0001, for Mineral Resource Development Facilities, including Oil
and Gas Support and Service Facilities (compressor station for natural gas and all related
equipment) 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,
and it carried unanimously. There being no further discussion, the hearing was completed at
10:26 a.m.
This Certification was approved on the 18th day of May, 2015.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, OLORADO
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