HomeMy WebLinkAbout20140905.tiff HEARING CERTIFICATION
DOCKET NO. 2014-13
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND THIRD AMENDED USE BY SPECIAL
REVIEW PERMIT, USR13-0065, (FORMERLY KNOWN AS USR-840), FOR THE
EXPANSION OF THE NIOBRARA CRUDE TERMINAL RAIL TRANSLOAD FACILITY
FOR TRANSLOADING OF A COMMODITY FROM ONE MODE OF
TRANSPORTATION TO ANOTHER, INCLUDING RAIL, TRUCK AND PIPELINE;
TRANSLOADING OF COMMODITIES AND MATERIALS, WITHOUT LIMITATION FOR
OIL AND GAS INDUSTRIES, INCLUDING PETROLEUM PRODUCTS AND STORAGE
RELATED TO SAME, AND LOAD-OUT OF INDUSTRIAL MATERIALS, THE
CONSTRUCTION OF AN ON SITE RAIL SPUR TO CREATE A RAIL LOOP OF
ONSITE TRACK, NEW OFFICES AND SUPPORT BUILDINGS, AND RELATED
EQUIPMENT, AND ONGOING GRAVEL MINING (SAND, GRAVEL AND STONE) IN
THE A (AGRICULTURAL) ZONE DISTRICT - L.G. EVERIST, INC., AND PLAINS ALL
AMERICAN PIPELINE, L.P.
A public hearing was conducted on March 26, 2014, at 10:00 a.m., with the following present:
Commissioner Douglas Rademacher, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
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, Don Carroll
Health Department representative, Lauren Light
The following business was transacted:
El I hereby certify that pursuant to a notice dated February 14, 2014, and duly published
February 19, 2014, in the Greeley Tribune, a public hearing was conducted to consider the
request of L.G. Everist, Inc., and Plains All American Pipeline, L.P., for a Site Specific
Development Plan and Third Amended Use by Special Review Permit, USR13-0065, (formerly
known as USR-840), for the expansion of the Niobrara Crude Terminal Rail Transload Facility
for transloading of a commodity from one mode of transportation to another, including rail, truck
and pipeline; transloading of commodities and materials, without limitation for oil and gas
industries, including petroleum products and storage related to same, and load-out of industrial
materials, the construction of an on-site rail spur to create a rail loop of onsite track, new offices
and support buildings, and related equipment, and ongoing gravel mining (sand, gravel and
stone) in the A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made this a
matter of record.
IE 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
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written. He noted they will utilize the existing access point off County Road (CR) 126, described
the 12-24 hour loading process and the terminals in detail, and noted 16 tanker trucks can be
accommodated onsite at one time and the site includes a shop for truck repairs. Mr. Ogle
showed images of the site, the train cars and of the trucks in queue, and presented the facility
plan/layout.
Ei Don Carroll, Department of Public Works, provided a brief overview of the transportation
plans and requirements; access is off CR 126, east of Can-, Colorado, and reviewed traffic
counts on the haul route. He said there is an Improvements Agreement in place, and they
estimate 100 loads/truck trips per day. He described potential future improvements on this
route. In response to Commissioner Rademacher, he confirmed a drainage requirements report
has been reviewed and accepted. Mr. Carroll identified the location of the Niobrara Business
Park, which is approximately a mile away from the site. He said Lone Tree Creek is adjacent to
the property, which is not currently in a floodplain but has not been mapped.
El Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, and noted that a new well and septic will be installed for the expansion. Dust
Abatement and Sign Plans have been submitted, and speed limit signs are already on site. She
mentioned there is a Spill Prevention Control and Counter Measure Plan in place, and noted
some of the standards addressing the operation of the gravel mine have been carried forward to
the new USR.
El William Edwards, represented Plains All American Pipeline, LP, and explained this facility
will be similar to the one in Tampa, Colorado; this facility will have more truck traffic, a 50/50
split with the rail loading on the Union Pacific rail-line, and will handle 25 to 30,000 barrels per
day. He stated Plains All American Pipeline has been recognized twice this year for their safety
record by the BNSF and CSX railroads; they have ei ht terminals in the U.S. and have been
doing this for almost 20 years without an incident. I In response to Commissioner Conway,
he said without this new facility locally produced oil would be going to facilities much farther
away, so this facility will reduce truck traffic in the County overall.
SD Pat Staples, surrounding property owner, stated concerns regarding access to property
that she owns east of the railroad tracks. She was reassured by company representatives that
they don't anticipate a problem; however, if a problem exists, she doesn't know what her legal
recourse would be without something in writing. Her second concern is increased traffic on
CR 126 and the need for increased upkeep and repair. She said the speed of these large
trucks is excessive and unsafe, and she would like precautionary measures. Additionally, she
said she would like to know what the emergency measures will be if there is an incident,
because the secondary road to be used in emergencies is a far distance from any
municipalities. She said time spent waiting for trains to access her east property is of no
concern to her; her property west of the railroad tracks is a conservation easement accessible
from a different road.
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El Mr. Carroll reviewed the existing and pending Improvements Agreements regarding
CR 126 (proportional share maintenance) and possible future improvements (such as paving),
and the pursuit of a DOLA grant.
Eli Arta Williams, stated main street Carr is a mess from traffic, large trucks and excessive
speed. She referenced a sharp curve where the oil and cattle trucks speed, and claimed there
have been multiple rollovers at this particular spot, they have no enforcement, speed signs are
ignored and the road's condition is terrible. She asked what time frame is proposed to make
improvements to Carr. She said the Nunn Fire Protection District is aware of the problems and
the Sheriff's Office has been notified by constituents other than herself. ID Commissioner
Garcia noted recent conversations with Public Works about the condition of CR 126 and
confirmed work is slated for this coming year. Commissioner Conway noted his personal
experience of CR 126, confirmed it is priorty, and said the Sheriff's Office will be notified of a
need for additional patrols.
Fl Sharon Mosness, surrounding property owner, said she is concerned about traffic, which
is already a problem, and excessive truck speeds.
Mr. Edwards confirmed he has been in contact with the Nunn Fire Department, as well as
Roy Rudisill, Director of the Office of Emergency Management. Mr. Yatabe concurred with
Commissioner Conway that Ms. Staples is entitled by law to access to her property, but also
said if it was blocked she would have to spend money to go to court. Commissioner Kirkmeyer
suggested a Development Standard requiring access, so there is no confusion -to reassure the
property owner of her rights. IR In response to Chair Rademacher, Mr. Ogle confirmed that
there is a Development Standard that addresses communication with local government and
emergency responders regarding emergency procedures.
ID Mr. Edwards noted access is actually controlled by the Union Pacific Railroad, and
reiterated they don't anticipate impeding her access. Commissioner Conwaycgq asked that
L.G. Everist work with Ms. Staples to ensure her concerns are addressed. Fl Commissioner
Kirkmeyer concurred that should be a Development Standard. El Lynn Mayor Schultz, L.G.
Everist, Inc., stated her position the Development Standard is acceptable as long as Ms.
Staples stays within the Union Pacific's right-of-way, because if she goes off of that there will
need to be an easement. It was confirmed there is 200 feet of Union Pacific right-of-way, so
that should not be an issue. She also noted that access could, in theory, be gained from CR
120, as her property touches in that corner. Commissioner Kirkmeyer suggested a new
Development Standard #32 to state, "The facility shall attempt to ensure the existing access
within the Union Pacific right-of-way is not impeded or eliminated." This was done by assent of
the Board. Commissioner Kirkmeyer said that the Board is seeking assurance that L.G. Everist,
Inc., is committed to being a good neighbor.
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el Kim Ogle, read the new Development Standard "The property owner or operator shall
provide written evidence of an Emergency Action and Safety Plan on or before March 1 of any
given year, signed by representatives of the Fire District and the Weld County Office of
Emergency Management, to the Department of Planning Services." Commissioner Kirkmeyer
said that the Board wants to ensure that there is a meeting of the minds once a year to establish
contact so that in case of an emergency all parties are prepared and have established
communications. El Ms. Schultz noted there is a large berm along the west side that will
remain, so screening is already in place. Chair Rademacher confirmed that changing the
language in Development Standard #36 to "maintain the existing screening" will be sufficient.
Andy Leflint, a consulting engineer with Wilson and Company, said although a Lighting
Plan has not yet been prepared, the applicant is willing to provide one; he confirmed they plan
to have downward shielded lighting and will make an effort to reduce light and noise pollution to
avoid nuisance complaints from surrounding property owners.
E In response to Chair Rademacher, Mr. Edwards, indicated he and the applicant have
reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as
amended.
Commissioner Kirkmeyer stated the Development Standards previously discussed will be
inserted and renumbered appropriately.
El Commissioner Kirkmeyer moved to approve the request of L.G. Everist, Inc., and Plains
All American Pipeline, L.P., for a Site Specific Development Plan and Third Amended Use by
Special Review Permit, USR13-0065, (formerly known as USR-840), for the expansion of the
Niobrara Crude Terminal Rail Transload Facility for transloading of a commodity from one mode
of transportation to another, including rail, truck and pipeline; transloading of commodities and
materials, without limitation for oil and gas industries, including petroleum products and storage
related to same, and load-out of industrial materials, the construction of an on-site rail spur to
create a rail loop of onsite track, new offices and support buildings, and related equipment, and
ongoing gravel mining (sand, gravel and stone) 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.
El Commissioner Conway noted that although this facility will have increased truck traffic, it
will reduce truck traffic from the Niobrara to other areas of the County.
There being no further discussion, the motion carried unanimously. The hearing was completed
at 11:16 a.m.
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This Certification was approved on the 31st day of March, 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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