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HomeMy WebLinkAbout20152229.tiff HEARING CERTIFICATION DOCKET NO. 2015-50.B RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR15-0013, FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING AN OIL AND GAS SUPPORT FACILITY AND OIL AND GAS STORAGE FACILITY (CRUDE OIL TANK FARM AND CRUDE OIL TRUCK UNLOADING FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT- UET MIDSTREAM, LLC A public hearing was conducted on August 5, 2015, at 10:00 a.m., with the following present: Commissioner Barbara Kirkmeyer, Chair 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 County Attorney, Bruce Barker Planning Services Department representative, Chris Gathman 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 May 15, 2015, and duly published May 20, 2015, in the Greeley Tribune, a public hearing was conducted on July 22, 2015, to consider the request of UET Midstream, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0013, for a Mineral Resource Development Facility, including an Oil and Gas Support Facility and Oil and Gas Storage Facility (crude oil tank farm and crude oil truck unloading facility) in the A (Agricultural) Zone District, at which time they deemed it advisable to continue the matter to August 5, 2015, to grant the applicant's request to present to a full quorum. On August 5, 2015, Bruce Barker, County Attorney, made this a matter of record. Eri Chair Kirkmeyer advised Mickey Leyba, Permontes Group, representing the applicant, that, since Commissioner Conway was not able to be present, she had the option of continuing this matter to a date with the full Board present. However, if she decides to proceed today, it will require three affirmative votes, or in the case of a tie vote, Commissioner Conway will listen to the record and make the determining vote. Ms. Leyba indicated she would like to proceed. El Chris Gathman, Department of Planning Services, presented a brief summary of the proposal and stated the request for a Class II Injection well has been removed from the application. He reviewed the operations to include crude storage and truck trips totaling 260 per day with trucks entering from the north end and exiting from the south end of the site. He stated staff had received three (3) phone calls from a surrounding property owner concerned with the proposed injection well affecting the water quality in the area, and a letter of objection was received with concerns to include contaminated runoff reaching adjacent properties and nearby 2015-2229 C' s?l,3 fit 3/47 PL2347 HEARING CERTIFICATION - UET MIDSTREAM, LLC (USR15-0013) PAGE 2 domestic and irrigation wells, endangering livestock, traffic, lack of turn lanes onto U.S. Highway 14, and dust generated from traffic creating health hazards for neighbors. Mr. Gathman stated some concerns may have been alleviated by the removal of the injection well from the application. The Colorado Department of Transportation (CDOT) returned a referral Mr. Gathman reviewed the Conditions of response indicating turn lanes will not be required. p Approval and Development Standards that will mitigate concerns and reported that nine (9) referrals were sent out with seven (7) responses indicating either no concerns or approval with conditions. He stated the site is not within the three (3) mile referral area of any municipality and he displayed images of the site and entered the favorable recommendation of the Planning Commission into the record as written. • Wayne Howard, Planning Service Engineer, provided a brief overview of the transportation plans and requirements and reported the average daily traffic counts for the area. He reviewed the traffic narrative which indicated 130 round truck trips per day. Mr. Howard reported that CDOT had no concerns with the truck traffic and he reviewed the requirements of staff regarding the setback of entrance gates and tracking control. He further stated that an Improvements Agreement will be required, the site is not in a geologic hazard area, a detention pond will be installed on-site, and if more than one (1) acre is disturbed, a Weld County Grading Permit will be required. • Heather Barbare, Department of Public Health and Environment, reviewed the water and sewer provisions and stated the applicant is proposing to install a septic system and will be required to design the system to meet the standards of the On-site Wastewater Treatment Systems. Ms. Barbare stated the applicant will also be required to provide drinking water and she reviewed the Development Standards (DS) #6-19 which addressed environmental health items typical of these facilities. Ms. Leyba reiterated the drainage plan for a detention pond, and the efforts to work with CDOT regarding any traffic or runoff concerns. She stated the aplicant is in agreement with the Development Standards as presented. • Doris Williams, neighbor, stated the system has worked and she complimented staff and the applicant for redesigning a few things. She shared her concerns with the road damage and dust. In response to Chair Kirkmeyer, Ms. Leyba indicated they have reviewed the Conditions of Approval and Development Standards. In repsonse to Commissioner Cozad, Ms. Leyba clarified that phase one is to bring crude in by truck and in the future, most would come in by pipeline. • In response to Chair Kirkmeyer, Ms. Leyba indicated they have no requested changes and they have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as amended. 2015-2229 PL2347 HEARING CERTIFICATION - UET MIDSTREAM, LLC (USR15-0013) PAGE 3 Commissioner Moreno moved to approve the request of UET Midstream, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0013, for a Mineral Resource Development Facility, including an Oil and Gas Support Facility and Oil and Gas Storage Facility (crude oil tank farm and crude oil truck unloading facility) 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 who also thanked the applicant for cooperating with the neighbor and working together. eCommissioner Moreno agreed regarding the cooperation between the applicant and Ms. Williams. = Commissioner Cozad reassured Ms. Williams that the Improvements Agreement will ensure the roads are maintained. Chair Kirkmeyer also thanked Ms. Williams for being present. The motion carried unanimously. There being no further discussion, the hearing was completed at 12:34 p.m. This Certification was approved on the 10th day of August, 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO ORADO ATTEST. 4./E.ri' y. a• .aCllo•� $ rbara Kirkmeyer, Chair Weld County Clerk to the Board • Mike Freeman, Pro-Tem BY: Gtt ) aL) D ty Clerk to the and ---• EXCUSED ,I \ y 1L�N_ Sean P. Co ay st i�� Ix61 cf;*.:14... Julie . C ad Rs A ®4 Steve Moreno 2015-2229 PL2347 4 4. L a a v O v -;' 3 1. 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