HomeMy WebLinkAbout20151455.tiff HEARING CERTIFICATION
DOCKET NO. 2015-47
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR15-0016, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, INCLUDING
AN OIL AND GAS STORAGE FACILITY AND TRANSLOADING IN THE
A (AGRICULTURAL) ZONE DISTRICT - WES MOSER, INC., C/O MAGELLAN
MIDSTREAM PARTNERS, LP
A public hearing was conducted on May 27, 2015, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Steve Moreno - EXCUSED
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:
El 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 Wes Moser, Inc., do Magellan Midstream Partners, LP, for a Site Specific Development Plan
and Use by Special Review Permit, USR15-0016, for Mineral Resource Development Facilities,
including an Oil and Gas Storage Facility and Transloading in the A (Agricultural) Zone District.
Brad Yatabe, Assistant County Attorney, made this a matter of record.
Chair Pro-Tem Freeman advised Anne Best Johnson, representing Wes Moser, Inc., c/o
Magellan Midstream Partners, LP, that, since Commissioner Moreno and Chair Kirkmeyer were
not able to be present, she and her client have the option of continuing this matter to a date with
the full Board present. However, if she and the client decide to proceed today, it will require
three affirmative votes. Ms. Johnson indicated the applicant would like to proceed.
ti Commissioner Cozad disclosed for the record that the consultant for the applicant is
TetraTech, who she worked for and officially resigned from in December. She stated she was a
direct supervisor to Ms. Johnson, but did not have any involvement in this project. Regarding
the hearing today, she has received the same information as the other commissioners and can
make an unbiased decision unless there is an objection. The remaining Commissioners had no
objection.
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el Kim Ogle, Department of Planning Services, presented a brief summary of the proposal.
Chair Pro-Tern Freeman requested Mr. Ogle pause for the record to state the arrival of
Chair Kirkmeyer. (Clerk's Note: Chair Kirkmeyer arrived at 10:38 a.m.)
el Chair Pro-Tern Freeman stated for the record that Chair Kirkmeyer is present. He called
the applicant up again to address the proceedings with only four (4) commissioners being
present and in the event of a tie vote, Commissioner Moreno will review the audio and cast a
vote to break the tie. Ms. Johnson indicated the applicant would like to proceed.
El Mr. Ogle continued with his discourse and reviewed the facility location and historical
agricultural use currently encumbered by an oil and gas facility on the surface with multiple
pipelines crossing the property. He stated the site is in a sparcely populated area of the county
with a significant amount of oil and gas development and is not within a three (3) mile referral
area of any municipality. He further stated the applicant is proposing to use the 80-acre parcel
for truck unloading and an oil storage facility; and, at full buildout, there will be eight (8), 260,000
barrel, crude oil storage tanks, with four (4) slotted for phase one with initial construction.
Mr. Ogle conveyed the crude and light crude is stored until it is scheduled to be piped to
Cushing, Oklahoma, and the storage tanks are stored within secondary containments with the
goal to minimize trucking. He reviewed the applicant's efforts to maintian a secure site, the
hours of operation and number of employees. Staff sent out 21 referrals and received five (5)
with no comments, and seven (7) responded with comments that have been incorporated into
the Conditions of Approval and Development Standards. He entered the favorable
recommendation of the Planning Commission into the record, as written, and displayed a
PowerPoint presentation of surrounding views and properties.
ID Wayne Howard, Department of Public Works, provided a brief overview of the
transportation plans and requirements and reviewed the adjacent roads and daily traffic counts.
He stated a traffic study was submitted and the application materials indicated 50 daily round
trips and he reviewed the traffic routes to include the approved Access Permit (AP15-00133).
Mr. Howard stated the relevant requirements to include setback of entrance gates to allow
trucks to get off the road, tracking control with double cattle guards and pavement at the
entrances, and a Road Maintenance and Improvements Agreement to account for future
triggers. He conveyed the project is not in a geologic hazard area; however, a portion of the
acreage not planned for development is in the flood plain; the drainage report was submitted
and a Grading Permit has been granted, (GRD15-0035). In response to Commissioner Cozad,
Mr. Howard explained the access and traffic flow in relation to the Roserock facility and stated
the access is not triggering improvements at this time; however, the Improvements and Road
Maintenance Agreement will address the prorational share of triggers to offset the
improvements costs, keeping in mind the improvements already made by other entities to be
reimbursed should Magellan benefit from the use of these prior improvements. He further
exlpained the drainage requirements, and in response to Chair Kirkmeyer, Mr. Howard
explained the additional accesses.
El Heather Barbare, Department of Public Health and Environment, reviewed the water and
sewer provisions stating the applicant is proposing to provide water for drinking and sanitary
purposes through a commercial well and is proposing to install a septic system. She conveyed
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the applicant will provide portable toilets and bottled water during construction and that the
required Waste Management Plan, Dust Abatement Plan and Air Pollution Emissions Notice
Permit have been submitted. Ms. Barbare mentioned the changes staff have made to certain
Conditions of Approval (COA) and Development Standards (DS) to be reviewed by the Board.
Anne Best Johnson, TetraTech, represented Wes Moser, Inc., do Magellan Midstream
Partners, LP, and began by introducing the team of representation for the applicant. She stated
Magellan Midstream Partners, LP, is specifically engaged in the transportation, storage, and
distribution of petroleum products and the proposed facility will be the origination point for a
550-mile pipeline to Cushing, OK. She stated for the record that Magellan contributes to the
communities where they work and is looking forward to contributing to Weld County. She
mentioned the location of the nearest residence and communicated that Magellan went above
and beyond the expectation regarding noticing surrounding property owners and offering to field
phone calls with any concerns regarding the proposed project. Ms. Johnson displayed a
PowerPoint presentation with photos of similar midstream sites and stated, to date, there have
been no concerns or objections. She explained there has already been a demand exhibited by
contractual commitments in a short period of time resulting in Magellan proceeding with the
USR. She reviewed the easements, proposed accesses with one for truck entrance only and the
other will be the truck exit and a two-way for other vehicles. She further reviewed the hours of
operation, maximum number of trucks, and offloading capabilities to emphasize the goal to
decrease the number of trucks and bring the product in by pipeline. Ms. Johnson stated
Magellan is working with South East Weld Fire District and Fire Chief Beach was present. In
response to Commissioner Conway, Abigail Wendt, Magellan, explained mitigation relevant to
vapor emissions; and in response to Chair Kirkmeyer, the application has been submitted for
the Air Pollution Emission Notice Permit and is awaiting approval. In response to Commissioner
Cozad, Ms. Johnson reviewed the safety measures at the facility, and Ms. Wendt explained
several aspects of safety to include the security fence, secure access, and lightning mitigation.
Ms. Johnson defined the ownership of the pipelines stating Anadarko, Noble and Saddle Butte,
have agreements with Magellan to meter at the facility. She clarified for the record that the
facility is not in the flood plain.
e Chief Tom Beach, South East Weld Fire District, stated they have been working with the
applicant for months during the planning stage and have cooperative agreements with
surrounding fire stations to respond to emergencies if necessary. He communicated they may
have the largest foam trailer in Weld County. In response to Commissioner Cozad, Mr. Beach
stated the grouping of the oil and gas facilities makes sense as the consolidation reduces the
geographical hazard over all. In response to Chair Kirkmeyer, he explained the emergency
action plan and reviewed the process of training in preparation for these specific types of
emergencies for different scenarios on-site, and stated the related Condition of Approval is
adequately mitigated.
In response to Chair Kirkmeyer, Janet Lundquist explained the reasoning for allowing the
two (2) access points from County Road (CR) 30 and conveyed that staff is meeting with
Roserock and Magellan on June 8, 2015, to discuss the impact of any improvements and
triggers related to CR 49. She also explained several prior accesses were in place and staff has
reduced the number of accesses from nine (9) to two (2). She clarified the requirement of a left
turn lane into the facility would require 10 vehicles turning left into the facility in a peak hour,
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which would mean double the proposed traffic. Ms. Lundquist verified that Roserock is
designing a center lane and if Magellan's future expansion triggers improvements in the same
area, the Improvements and Road Maintenance Agreement states there would be a prorated
payback to Roserock, as they will benefit from those center lanes.
In response to Chair Kirkmeyer, regarding COA #1.B.6 and DS #17, Mr. Ogle responded
that a portion of the USR area is in the floodplain. Ms. Barbare stated the APEN has been
submitted and she reviewed the changes recommended by the Department of Public Health
and Environment, per prior Board direction, to change the language in relation to DS #7 and
DS #8. She also explained the recommended change to DS #13 to read, "A Spill Prevention,
Control and Countermeasure Plan, prepared in accordance with the applicable provisions of 40
CFR, Part 112, shall be available on-site." Regarding DS #14, Ms. Barbare suggested it be
modified to read, "The facility shall adhere to a maximum permissible noise levels allowed in the
Non-Specified Zone, as delineated in Section 14-9-30 of the Weld County Code, or with all
applicable State noise statues and/or regulations."
El Ms. Johnson expressed her appreciation for staff providing changes ahead of time and
stated they have no further changes or comments. In response to Commissioner Cozad,
Ms. Johnson clarified the parcel is not in the floodplain. Commissioner Cozad recommended
following Chair Kirkmeyer's prior recommendation to delete COA #6 and DS #17. The Board
agreed with all changes. Ms. Johnson, on behalf of Magellan Midstream Partners, LP, indicated
they have reviewed, and agree to abide by, the Conditions of Approval and Development
Standards, as amended.
Ei Commissioner Conway moved to approve the request of Wes Moser, Inc., c/o Magellan
Midstream Partners, LP, for a Site Specific Development Plan and Use by Special Review
Permit, USR15-0016, for Mineral Resource Development Facilities, including an Oil and Gas
Storage Facility and Transloading 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. Commissioner Conway commended the applicant
for doing an excellent job and thanked Chief Beach for his presence. Commissioner Cozad also
expressed her appreciation to the applicant for a great application and encouraged them to
continue to reach out to the neighbors. The motion carried unanimously. There being no further
discussion, the hearing was completed at 11:30 a.m.
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This Certification was approved on the 1st day of June, 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ( e:m. i �• '� { ?,(�L 1,14 ti
CC// rbara Kirkmeye , Chair
Weld County Clerk to the Board r 6 --�4-11• .0
Mike Freeman, Pro-Tem
BY. k I t 114 Litlebit'A o_
Dee ,t Clerk to the Bo. d fit•=��'►
f J � can P.
� Conway
2 a A. Cozad
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