HomeMy WebLinkAbout20142076.tiff HEARING CERTIFICATION
DOCKET NO. 2014-49
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR14-0017, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES INCLUDING
OIL AND GAS SUPPORT AND SERVICE FACILITIES (CENTRALIZED LIQUIDS
MANAGEMENT FACILITY, AND THE TRANSLOADING OF A COMMODITY FROM
ONE MODE OF TRANSPORTATION TO ANOTHER INCLUDING TRUCK AND
PIPELINE WITHOUT LIMITATION FOR OIL AND GAS INDUSTRIES, INCLUDING
PETROLEUM PRODUCTS AND STORAGE RELATED TO SAME, NEW OFFICES AND
SUPPORT BUILDINGS, AND RELATED EQUIPMENT; TEMPORARY STAGING AREA
AND LAY DOWN YARD FOR CONSTRUCTION MATERIALS, CONSTRUCTION
OFFICE TRAILERS, AND CONSTRUCTION PARKING) IN THE A (AGRICULTURAL)
ZONE DISTRICT - SWINK FAMILY FARMS, LLLP, CIO ENCANA OIL & GAS
(USA), INC.
A public hearing was conducted on July 16, 2014, at 10:00 a.m., with the following present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tern
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner William F. Garcia
Also present:
Acting Clerk to the Board, Susan Brown
Assistant County Attorney, Brad Yatabe
Planning Department representative, Kim Ogle
Public Works representative, Wayne Howard
Health Department representative, Lauren Light
The following business was transacted:
IEI I hereby certify that pursuant to a notice dated May 30, 2014, and duly published June 4,
2014, in the Greeley Tribune, a public hearing was conducted to consider the request of Swink
Family Farms, LLLP, c/o Encana Oil & Gas (USA) Inc., for a Site Specific Development Plan
and Use by Special Review Permit, USR14-0017, for Mineral Resource Development Facilities
including Oil and Gas Support and Service Facilities (centralized liquids management facility,
and the transloading of a commodity from one mode of transportation to another including truck
and pipeline without limitation for oil and gas industries, including petroleum products and
storage related to same, new offices and support buildings, and related equipment; temporary
staging area and lay down yard for construction materials, construction office trailers, and
construction parking) in the A (Agricultural) Zone District. Brad Yatabe, Assistant County
Attorney, made this a matter of record.
el Kim Ogle, Department of Planning Services, presented a brief summary of the proposal
and entered the unanimous favorable recommendation of the Planning Commission into the
record as written. He said staff has requested Noise Abatement and Landscaping Plans. There
are six residences within 500 feet of the property, and staff received one phone call from a
CC: e eit-)P(CKo)Pu(upt-ikk (LL)
$ - _ I24 2014-2076
PL2279
HEARING CERTIFICATION - SWINK FAMILY FARMS, LLLP, C/O ENCANA OIL & GAS (USA)
INC (USR14-0017)
PAGE 2
concerned property owner regarding the haul route and speed limit. The applicant held a
community meeting, but staff has had several conversations with property owners on CR 6,
concerned with traffic volume, safety, and quality of life issues. Mr. Ogle reviewed the facility
layout, security, and referrals, and then showed images and maps of the site.
Fi Wayne Howard, Department of Public Works, provided a brief overview of the
transportation plans and requirements. He shared that CR 6 was annexed by the Town of Erie
and considered a collector road, which requires 80 feet of right-of-way; it currently has 60 feet of
right-of-way, as does CR 7, considered an arterial road. Access will be a double entrance onto
CR 6, with one specifically for large trucks. The site is located in a geohazard area; a
Geohazard Permit has been issued.
F Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions, including the septic system, Dust Abatement Plan, Air Emission's Permit, and
Waste Handling Plan (polluted water will be taken to injection sites). She said a Spill Prevention
and Risk Mitigation Plan is also required.
Miracle Pfister, representing Encana, introduced members of her team and showed a
video explaining the 'Hub Approach', and its advantages, such as reducing the truck traffic and
emissions; more about this system can be learned at www.encana.com. Ms. Pfister noted that
centralizing operations reduces the overall footprint of their operations and showed the pipeline
network overview with an estimated project timeline. She showed the selected proposed haul
route, which was based on a traffic impact study and referral recommendations, primarily from
the Town of Erie. She said Encana is proposing a half mile of improvement on the Weld
maintained portion and a mile on the Erie maintained portion of CR 6. She showed a graph of
estimated traffic, based on projected production rates, projected to peak in 2019 at eight trucks
per hour. She said there are a couple outstanding items pertaining to the Anadarko Surface Use
agreement, as related to drilling sites, but this should be complete in a couple weeks. She
showed the Landscaping Plan, which includes screening berms, conifer and deciduous trees,
and fencing, and said they are awaiting feedback from the Town of Erie. She reviewed the
meetings with the Town of Erie and the concerns of residents along CR 6, addressed traffic
management strategies and concerns over excessive speeds, noted that the speed limit along
this road will be reduced, and said the applicant will voluntarily place flashing speed signs. She
reviewed Anadarko's community notice and interaction; 48 property owners along CR 6 were
sent a letter with information about the HUB and traffic, and she reviewed safety measures,
noting they have a Specific Emergency Response Plan and remote monitoring that takes place
in Denver. F In response to Commissioner Conway, Ms. Pfister reviewed the three routes
proposed in their traffic study, and reported the Town of Erie has insisted upon the use of CR 6
due to their future development plans for 'Erie Parkway' aka CR 7. Commissioner Kirkmeyer
noted that the traffic study primarily recommended the CR 8 route. El Commissioner Conway
asked why the preferred route was rejected. Commissioner Kirkmeyer asked about CDOT's
concerns regarding the frontage road as a part of the haul route; Ms. Pfister confirmed there
had been no further conversations with CDOT to her knowledge.
2014-2076
PL2279
HEARING CERTIFICATION - SWINK FAMILY FARMS, LLLP, CIO ENCANA OIL & GAS (USA)
INC (USR14-0017)
PAGE 3
fi Daniel Kessels, surrounding property owner on CR 6, stated the Town of Erie and the
inconvenience of their development projects should not take precedence over their safety and
the impacts on their property values. He also commented regarding the future of the frontage
road. He wants this traffic to stay on CR 8. He said the school bus stops five or six times twice
a day down this stretch of CR 7 and children have to cross the road. In response to
Commissioner Conway, Mr. Kessels said that the CR 7 residents just learned about this in the
last few weeks, and have not met with the Mayor of Erie.
El Ed Kosorok, surrounding property owner, read a prepared statement for the record
regarding the rural-residential lifestyle and said he want the route selected to be the safest and
best route. He addressed the traffic impact study and presented a detailed description of the
three routes with his recommendations, concluding that CR 6 is a narrow CR with no shoulders,
a double yellow line, and little to no possibility for expansion without encroaching on private
property. He noted that people ride horses and bicycles on this road, there are driveways and
mailboxes, tractors, and occasionally escaped livestock. He addressed the intersections, and
also stated he is tired of being impacted by the Town of Erie's development.
El Kay Goldermann, 30 year resident, said the Mayor of Erie recently claimed not to know
about this project. She talked about the wildlife on her land and the peace of her home, saying
this will destroy the quality of life of herself and her neighbors and this amount of truck traffic is
not safe or feasible. She said this is supposed to be the planning stage so now is the time to
change the route.
• Kelly Masters, surrounding property owner, explained that the fog in winter reduces
visibility for his kids to see the bus arriving, and they have to cross the street. He thinks this
would devastate the neighborhood.
IE Karen Lovewell, surrounding property owner, showed images of the proximity of many
residences to the road, the narrowness of the road, and people using the road in ways
incompatible with heavy traffic. She concurred with the previous speakers saying she did not
hear about the community meeting. She said she feels 400 trucks per day, every 3.5 minutes,
with 24/7 operations is not appropriate and odds are high that a tragedy will happen on this road
if this haul route is approved. Ms. Lovewell also noted noise pollution, property values, and
vibrations. She suggested Encana should build their own private road.
• Chair Rademacher called a recess at noon and reconvened the hearing at 1:34 p.m.
▪ Peggy Cline, surrounding property owner, showed a video of residential/rural activity on
the road, entered into the record as Exhibit "Q". She concurred with previous comments, and
addressed the importance of adhering to mission statements, comprehensive plans, and codes
with readings. She also read the Right to Farm statement from the Weld County Code. She
noted that Debbie Grant was approved for an additional residence on her land and she was
required to follow the Code during that process, so the process should be fair. She referred to a
letter from CDOT to Mr. Ogle which inferred that CR 7 would not be impacted. Ms. Cline said
that 49 residences could be impacted by this route, at least 80 residents total.
2014-2076
PL2279
HEARING CERTIFICATION - SWINK FAMILY FARMS, LLLP, CIO ENCANA OIL & GAS (USA)
INC (USR14-0017)
PAGE 4
F Francis Toth, surrounding property owner, noted that he lives in a residential community a
little farther away; however, he feels they will be impacted in terms of safety when they travel on
CR 6. Mr. Toth said as an established community they should take greater precedence than
future development and concurred with previous speakers regarding altemate routes.
F Linda Johnston, surrounding property owner, concurred, and added the community should
have been better informed. She talked with the City of Broomfield Engineer who claimed they
were not aware of what was happening. She then confirmed that Broomfield has an enclave in
this area, which includes half of CR 6 and the frontage road, and would like to be notified.
El Debbie Grant, surrounding property owner, talked about the process that she was required
to go through to put a home on her property and said with proper notification they would have
been at the Planning Commission meeting.
F Marge Pint, surrounding property owner for 20 years, said, in summary, there are many
issues that will affect the residents along any route selected, she asked how the noise will affect
their quality of life: the foundations affected by vibrations, home market values, safety, and also
asked who would be accountable in the event of an oil spill. She also stated that she received
no notification from Encana and 400 trucks a day is a large impact.
F Sheryl Ellis-Kosorok, surrounding property owner, said people in this area are lifelong
residents and noted they are a cohesive group. She said that people don't follow the speed limit
in this area anyway, so the school bus stops are already an issue. She showed videos of traffic
situations, entered into the record as Exhibit "R". She stated an addition to the neighborhood
should be compatible with them and not require their lives to change.
El Calvin Hall, surrounding property owner and operator of the rig in the video, asked the
Commissioners to imagine four trucks an hour making these tight turns in each direction and he
does not understand why a tiny two-lane road would be chosen over a four-lane road with no
residences or businesses to impact. El In response to Commissioner Conway, he said that
he feels from a 1-10 scale this is an 8 in terms of safety hazard. He noted that bad driving is a
huge part of the problem, but it is also narrow and there is no shoulder to go to in case of an
emergency; a truck would have to crash to avoid hitting something in the road. El In
response to Commissioner Garcia, he said that CR 8 is easier and CR 7 was built for truck
traffic, coming back east on CR 6, the ditch is difficult to navigate.
F Todd Smith, surrounding property owner, asked Encana what the five reasons the Town of
Erie stated in regard to not wanting the route to be CR 8. He pointed out that none of the
residents in attendance have objected to the Hub itself.
Dee Trembath, 28 year resident, asked about the timeline for pipelines replacing truck
hauling.
F Brent Johnson, surrounding property owner, said he received no notification, CR 6 was
built with a 60-foot easement for a reason - it was not meant for heavy traffic. He said he is a
2014-2076
PL2279
HEARING CERTIFICATION -SWINK FAMILY FARMS, LLLP, C/O ENCANA OIL & GAS (USA)
INC (USR14-0017)
PAGE 5
former truck driver, and this road is not wide enough to accommodate these large trucks. There
are only 10 inches available between two trucks going opposite directions, and they will have to
build speed bumps. In response to Commissioner Conway, he said that increased traffic, even
with improvements, will make this road a safety hazard, and widening would impact private
property. Commissioner Kirkmeyer noted that improvements were made to CR 7 in order to
accommodate haul routes in the 1990s.
Ei Mr. Toth asked what time of year the traffic study was done, because there is treacherous
ice in winter.
Ei Mary Ann Haberkon, said she has lived in the area for 47 years and she does not want to
see even worse changes.
El Ms. Pfister introduced , Wendy Wiedenbeck, Community Relations, Jordan Matson, Land
Negotiator, Curtis Mathis, Facilities Engineer, and Fred Lance with Baseline Engineering (traffic
study). Ms. Pfister started off regarding the negotiating of the truck route. She said that the
Town of Erie asked them to pursue CR 6 with a referral letter in May. They had a community
meeting and noticed property owners out to 1000 feet from the parcel, and right before the
Planning Commission meeting discovered CR 6 residents wanted to come, and they notified as
many of the 48 residents as they could. She said that the Town of Erie stated they did not want
them to use Erie Parkway at all. 11 Commissioner Kirkmeyer noted that she is not going to
support this unless the haul route is CR 8 to CR7 and have the access off of CR 7, and/or not
use the whole length of seven. She said she was a Commissioner when CR 7 was constructed
and it was specifically improved for this purpose. This is a safety issue. El Commissioner
Conway concurred, and thanked everyone for coming. He is perplexed by the conversations
with Erie staff and not with elected officials, and he intends to meet with them and discuss it.
Commissioner Kirkmeyer added there were also improvements made to CR 8 at 1-25.
Commissioner Conway noted not one person came to speak against the project itself.
Commissioner Kirkmeyer said any agreement with the Town of Erie is voluntary; they do not
have the authority to dictate the haul route.
El Commissioner Kirkmeyer said there needs to be a Condition of Approval to identify the
haul route, and the access should also be off of CR 7, and as far north of CR 6 as possible.
Commissioner Conway said the County put money into CR 7 for this purpose - to be a haul
route. CR 6 will be deleted as a designated haul route, but it is appropriate for regular
employee vehicles coming to the site. There may need to be improvements to the turning radii
at CR 8 off of CR 7. Commissioner Rademacher said Erie only owns .25 miles of CR 7, so
going north is appropriate. Commissioner Kirkmeyer said that all references to CR 6 need to be
changed to CR 7 and the haul route listed. El Ms. Pfister assured no trucks would be going
into the CR 6 entrance - it is not large enough to accommodate them. Commissioner Kirkmeyer
said there needs to be signage with an emergency hotline telephone number, and she
requested a standard Condition of Approval with regard to an Emergency Action and Safety
Plan filed with staff and the Mountain View Fire District. El Chair Rademacher asked about
Development Standard #27, and, Mr. Howard stated that this is referring to capturing
stormwater coming off the site; there will be a storm detention pond which will probably be
somewhat altered in regard to the changed accesses. El Commissioner Kirkmeyer asked to
2014-2076
PL2279
HEARING CERTIFICATION -SWINK FAMILY FARMS, LLLP, CIO ENCANA OIL & GAS (USA)
INC (USR14-0017)
PAGE 6
make sure that some of the requests of the Town of Erie are addressed; she asked that fencing
not be unattractive, or opaque, and not interfere with site distance. Ms. Pfister said they are fine
with a chain link fence for security and berming the site to cut down on noise. She said there
will be no staging area, because the pipeline construction is temporary. Ili Ms. Pfister, when
asked about the pipeline timeframe, said they won't use a pipeline to remove the water, and the
reason is there is no nearby facility with the capacity to accept it.
El In response to Commissioner Freeman there was a short discussion about the size of
right-of-ways requested on different roads.
SEI Mr. Yatabe clarified that haul routes are normally clarified in the improvements agreement.
El Commissioner Kirkmeyer said there should be a new Condition of Approval #M.10: "The
haul route and access to the site for heavy truck traffic are designated to be from CR 8, which is
also known as Erie Parkway, down to CR 7." She also noted there may be are other related
changes that staff needs to review and change.
In response to Chair Rademacher, Ms. Pfister said they have reviewed, and agree to
abide by, the Conditions of Approval and Development Standards, as amended.
Fi Commissioner Kirkmeyer moved to approve the request of Swink Family Farms, LLLP, c/o
Encana Oil & Gas (USA), Inc., for a Site Specific Development Plan and Use by Special Review
Permit, USR14-0017, for Mineral Resource Development Facilities including Oil and Gas
Support and Service Facilities (centralized liquids management facility, and the transloading of a
commodity from one mode of transportation to another including truck and pipeline without
limitation for oil and gas industries, including petroleum products and storage related to same,
new offices and support buildings, and related equipment; temporary staging area and lay down
yard for construction materials, construction office trailers, and construction parking) 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.
IR Commissioner Kirkmeyer thanked the neighborhood for coming, and for speaking with
respect and calm; she said this is how the process is supposed to work. She also thanked
Encana for their good faith effort to reach out to the municipalities and residents. She noted that
she lives in this area, and it is nice to know they can all work together to be good neighbors.
Commissioner Conway concurred, noting that Encana made an effort to do things correctly and
the haul route issue was not entirely of their making. The remainder of the Board concurred.
There being no further discussion, the hearing was completed at 2:44 p.m.
2014-2076
PL2279
HEARING CERTIFICATION -SWINK FAMILY FARMS, LLLP, C/O ENCANA OIL & GAS (USA)
INC (USR14-0017)
PAGE 7
This Certification was approved on the 21st day of July, 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY COLORADO
ATTEST: d. � GC tics;A
la Rad er, Chair
Weld County Clerk to the Board
1 'asow Barbara Kirk Byer, Pro-Tem
De, ,p Clerk tot e Board /r ND 6t CUSED DATE OF APPROVAL
' t n P. Conway
I -�I( �; — al . ` 3 -
�,� 1v
'- Fre
% ( , •••/
W' am F. Garcia
2014-2076
PL2279
J 1.
I./ g J o --- I % V y Ce_ c .i q r
s V 0 e S iii\: C
J 6
W 71 N: �r `t 3 •
d f 1 SA % V J C
cL .Z °1 r Q ` `Q v d o d
v
a. 4 n .7Js
J1 v s a
N V
o O N O C o v) I4C'b <3 ii
C (... 1/4,,,
° D0 ce of O` t50 d° Q�% Cc dk 00 oO in Cb CO j DO tiQ
Qw � �� � � � c� � ec Gti `aVC� 3SCgaa
Li
~ 4
0
Z
L
W 1
Q i 3_ 3
Q Q a ---
d
• s._.c2 y s1/41k
,..._ ,pt �v 4 cJ„ O- S o -51'4" _ 2 r-
Y U
U a o
Jv J s E � . . � � �
a T Y J V e`o 3 Nt t0 -a
Q lil 1 . y r z Q ,
Z a � G � \A v` c-AL
•
_J _V
a •.�
W a
1
N
9
a 0
N 0
L
N
H
J -
W
O
H F
a
a o
CL
w
U)
W
O
o
O
a
a
J
m
W
z
a
a
W W
N
a
W
a 3 a
2 rY/yl�
a
z
Hello