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HomeMy WebLinkAbout20143564.tiff HEARING CERTIFICATION DOCKET NO. 2014-85 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR14-0050, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS SUPPORT AND SERVICE, OIL AND GAS PROCESSING FACILITIES AND RELATED EQUIPMENT, FRESH WATER PONDS TO BE UTILIZED FOR HYDRAULIC FIELD EXPLORATION; CENTRALIZED OIL AND GAS PROCESSING FACILITY; OIL AND GAS STORAGE FACILITY; TRANSLOADING; CRUDE OIL PUMPING STATION AND RELATED EQUIPMENT; A THIRTY-FIVE (35) FOOT IN HEIGHT COMMUNICATION TOWER AND ANY USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS, PROVIDED THAT THE PROPERTY IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION MAP OR PART OF A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS CONTROLLING SUBDIVISIONS IN THE A (AGRICULTURAL) ZONE DISTRICT-WADE AND DELAND CASTOR, C/O NOBLE ENERGY, INC., AND WATTENBERG HOLDING, LLC A public hearing was conducted on November 19, 2014, at 10:00 a.m., with the following present: Commissioner Douglas Rademacher, Chair Commissioner Barbara Kirkmeyer, Pro-Tem - EXCUSED 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, Heather Barbare The following business was transacted: El I hereby certify that pursuant to a notice dated October 17, 2014, and duly published October 22, 2014, in the Greeley Tribune, a public hearing was conducted to consider the request of Wade Castor and Deland Castor, do Noble Energy, Inc., and Wattenberg Holding, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR14-0050, for Mineral Resource Development Facilities, Oil and Gas Support and Service, Oil and Gas Processing facilities and related equipment, fresh water ponds to be utilized for hydraulic field exploration; Centralized Oil and Gas Processing Facility; Oil and Gas Storage Facility; transloading; Crude Oil Pumping Station and related equipment; a thirty-five (35) foot in height Communication Tower and any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts, provided that the property is not a lot in an approved or recorded subdivision map or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made this a matter of record. 2014-3564 C14,-PC N-L I z/2 PL2303 HEARING CERTIFICATION - WADE CASTOR AND DELAND CASTOR, C/O NOBLE ENERGY, INC., AND WATTENBERG HOLDING, LLC (USR14-0050) PAGE 2 e Chair Rademacher advised Julie Cozad, Tetra Tech, representing the applicant, that, since Commissioner Kirkmeyer 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 Kirkmeyer will listen to the record and make the determining vote. Ms. Cozad indicated she would like to proceed. Fi Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and entered the favorable recommendation of the Planning Commission into the record as written. Mr. Ogle gave a detailed description of the way the fuel will be transported and the system, including pipelines, tanks, and other equipment. He said the facility will reduce truck traffic (hauling distance) by having a temporary water depot in closer proximity to the wells, and he showed images of the site plan and property views, and confirmed that no communications were received from the sole residence in the close vicinity. EI Wayne Howard, Department of Public Works, provided a brief overview of the transportation plans and requirements. The primary access will be off of County Road (CR) 104, a local gravel road, which may be upgraded to a collector road at some point. Staff has asked the applicants to enter into a non-exclusive license agreement. He noted CR 104 is currently undergoing road improvements and no traffic count is available. There will be an average of 17 truck trips per day and with employee's vehicles, up to 35 trips per day. He reviewed the haul route and said a drainage report has been submitted and a certificate of compliance is requested. a Commissioner Freeman asked why magnesium chloride is needed with no residences on that road. Mr. Howard said the truck traffic perhaps creates enough dust to make it a traffic hazard. Heather Barbare, Department of Public Health and Environment, reviewed the water and sewer provisions; air and emission permits have been submitted, as well as a Waste Handling Plan, and the polluted water will be disposed of via a commercial injection well. A new commercial septic system and new water well shall be installed for the employees, with bottled water and portable toilets during construction. There will be 6-8 full-time employees on-site. Ei Ms. Cozad gave a PowerPoint presentation, entered into the record as Exhibit "D," and thanked County staff for their help on this project. She said this is a joint venture and introduced the team members present from Noble Energy, Inc., Wattenberg Holding, LLC, and Tetra Tech. She said Ann Johnson will take her place on this project when she leaves to become one of the new Weld County Commissioners. She then explained how this project is connected to their other projects around the County and explained this will dramatically cut down on truck traffic. She explained there is just one main pipeline that gathers this all together, and one pipeline that takes the finished product to Cushing, Oklahoma for distribution. The property is leased with an option to buy; surrounding properties are primarily ranchland, as well as other oil and gas activity. In response to Commissioner Conway, Ms. Cozad said this particular facility has not estimated the number of truck trips that will be reduced, but the Wells Ranch site has taken 40,000 truck trips off the County roads and Noble Energy has worked with the County to get this road into really good condition; because of all the well activity, it is important for Noble Energy to be a good neighbor, so they voluntarily applied magnesium chloride for the few neighbors in the 2014-3564 PL2303 HEARING CERTIFICATION - WADE CASTOR AND DELAND CASTOR, C/O NOBLE ENERGY, INC., AND WATTENBERG HOLDING, LLC (USR14-0050) PAGE 3 area. She showed the intersection of CR 115 (not County maintained) and CR 104, and she said the road will be improved substantially to be adequate for the facility. She explained circulation/site traffic and said this is a secure site with a chained link fence and gates with key pads at the access locations. The facility's management will meet with the Pawnee Fire District to make sure they have access. Construction will begin in around thirty days and take 8-10 months depending on weather conditions. She showed images of the 100,000 gallon tanks, a 50,000 gallon tank and other smaller tanks and assured the Board all containment requirements will be met. She stated if the pipelines are over capacity or to service outlying wells they would like to have the option of trucking the gas in, and they realize they will need to do a traffic study at that point. Ms. Cozad explained possible fluctuations in truck traffic during the hydraulic fracturing of wells and confirmed the property owner's ranch hand lives in the nearest residence. They are currently working on the Long Term Maintenance Agreement and the Non-exclusive License Agreement. El In response to Commissioner Conway, Greg Pickerel, Engineering Lead, Noble Energy, roughly estimated the number of reduced truck trips at 292,000 per year. El No public testimony was offered concerning this matter. El Ms. Cozad indicated they have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as amended. Ms. Cozad noted all the Conditions of Approval will be met shortly. El In response to Chair Rademacher regarding CRs 115 and 104, Ms. Cozad noted there are other operators in the area that are supposed to be contributing to that maintenance that aren't. Chair Rademacher remarked an average daily traffic count may help with that. There was discussion of the number of employees. Ms. Cozad said there will potentially be three (3) office buildings with a septic system for each one. Commissioner Freeman addressed #18 regarding the lighting and signage plan. Ms. Cozad said that it is listed on the plat. Mr. Ogle said it has been approved by staff, and the lighting component of that can be stricken, as it is addressed in Development Standard#17; done by assent of the Board. El Ms. Barbare referred to Development Standard #15, which indicates the number of employees must comply with the County Code, which includes a review by an engineer and includes looking at the number of employees using the system. Ms. Cozad asked if she could put a definite number, such as 15 full-time employees, in order to protect the USR. Mr. Yatabe said that planning staff does look at the application in order to see how many employees were anticipated, but the Development Standards in the Resolution carry more weight than the application; if the number of employees is determined by the Septic system there is essentially no limit. Ms. Cozad said after this explanation they are ok with that as is. I] Commissioner Conway moved to approve the request of Wade Castor and Deland Castor, c/o Noble Energy, Inc., and Wattenberg Holding, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR14-0050, for Mineral Resource Development Facilities, Oil and Gas Support and Service, Oil and Gas Processing facilities and related equipment, fresh water ponds to be utilized for hydraulic field exploration; Centralized Oil and Gas Processing Facility; Oil and Gas Storage Facility; transloading; Crude Oil Pumping Station and related 2014-3564 PL2303 HEARING CERTIFICATION - WADE CASTOR AND DELAND CASTOR, C/O NOBLE ENERGY, INC., AND WATTENBERG HOLDING, LLC (USR14-0050) PAGE 4 equipment; a thirty-five (35) foot in height Communication Tower and any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts, provided that the property is not a lot in an approved or recorded subdivision map or part of a map or plan filed prior to adoption of any regulations controlling subdivisions 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 Garcia, and it carried unanimously. There being no further discussion, the hearing was completed at 11:39 a.m. This Certification was approved on the 24th day of November, 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: s/ Sec A',,� '`k �� - f., �52W\ Sk)) ( '40•ougl-s Rademac er, Chair Weld County Clerk to the . h 7 ''�+�` '� EXCUSED / �� '�"` Barbara Kirkme er, Pro-Tem BDeputy Cle to the Board �`� Sean P. Conway _ n Mike Free William F. Garcia 2014-3564 PL2303 Hello