HomeMy WebLinkAbout20070057 HEARING CERTIFICATION
DOCKET NO. 2006-62.B
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1561
FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING AN OIL AND
GAS SUPPORT AND SERVICE FACILITY,IN THE A(AGRICULTURAL)ZONE DISTRICT
- STREAR FARMS COMPANY, CIO DUKE ENERGY FIELD SERVICES, INC.
A public hearing was conducted on March 28, 2007, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner William F. Garcia
Commissioner Robert D. Masden
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated September 15, 2006, and duly published
September 20,2006,in the Fort Lupton Press,a public hearing was conducted on October4,2006,
to consider the request of Strear Farms Company, c/o Duke Energy Field Services, Inc.,fora Site
Specific Development Plan and Use by Special Review Permit #1561 for a Mineral Resource
Development Facility, including an Oil and Gas Support and Service Facility,in the A(Agricultural)
Zone District. At the request of the applicant,the Board deemed it advisable to continue the matter
to December 6, 2006, at 10:00 a.m., to allow the applicant additional time to continue working to
resolve concerns expressed by the surrounding property owners at the Planning Commission
hearing, and to present the application before a full quorum of the Board. A public hearing was
conducted on December 6, 2006, at which time the Board deemed it advisable to continue the
matter to March 28, 2007, at 10:00 a.m., to allow the applicant additional time to address sound
concerns at the site. On March 28, 2007, Bruce Barker, County Attorney, made this a matter of
record.
Kim Ogle, Department of Planning Services, stated the applicant is requesting an indefinite
continuance to address noise issues at the site.
Patrick Groom,Attorney, represented the applicant and stated Duke Energy Field Services, Inc.,
received a Notice of Violation addressing noise levels at the site,and they have until July 16,2007,
to remedy the violation. Mr. Groom stated the applicant intends to conduct sound studies and
construct structures that will mitigate the noise. He stated it is premature to proceed with the Use
by Special Review permit application until the site is in compliance with the Colorado Oil and Gas
Conservation Commission (COGCC) regulations.
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HEARING CERTIFICATION - STREAR FARMS COMPANY, C/O DUKE ENERGY FIELD
SERVICES, INC. (USR#1561)
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Commissioner Masden commented the Board is unable to grant an indefinite continuance;however,
they can continue the matter to a certain date. Mr.Barker stated an indefinite continuance requires
re-notification at such time as the applicant is ready to proceed. Commissioner Rademacher stated
he is agreeable to an indefinite continuance as long as the applicant understands there will be
additional publication required. Mr. Groom stated he understands both options, and he thought
re-notification may be more appropriate due to the long delay. Esther Gesick,attending Clerk to the
Board, recommended the matter be referred back to staff, versus an indefinite continuance.
Commissioner Jerke commented he prefers continuing the matter to a specific date. Mr. Barker
stated the matter can also be continued to a specific date with direction to staff to renotify.
Henry Teemer, surrounding property owner, stated he is the complainant on the noise issue,and
he has been working with the COGCC. Mr. Teemer stated the applicant has kept him involved
throughout the process,and he requested the applicant bring the facility into compliance before any
further action is taken to expand the site. He stated he wants the site to continue production;
however,the area is growing and future residents will complain about the noise if it is not corrected
now.
Linda Gardner, surrounding property owner, stated in October 1998, changes were made at the
facility which caused an immense increase in noise. She stated the noise can be heard in her
home over the noise of the television, and she has been complaining since 1998. Ms. Gardner
stated she does not want the use to lower her property value, and the noise has hindered their
peace and quiet. There being no further comments, Chair Long closed public testimony.
Commissioner Garcia moved to continue the request of Strear Farms Company,do Duke Energy
Field Services, Inc.,fora Site Specific Development Plan and Use by Special Review Permit#1561
fora Mineral Resource Development Facility,including an Oil and Gas Support and Service Facility,
in the A(Agricultural)Zone District,to August 1,2007,at 10:00 a.m.,with direction to renotify. The
motion was seconded by CommissionerJerke,and it carried unanimously. There being no further
discussion, the hearing was completed at 10:20 a.m.
2007-0057
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HEARING CERTIFICATION - STREAR FARMS COMPANY, CIO DUKE ENERGY FIELD
SERVICES, INC. (USR#1561)
PAGE 3
This Certification was approved on the 2nd day of April 2007.
APPROVED:
BOA OF COUNTY COMMISSIONERS
WEL OUNT COIrtA
ATTEST: ,1L11"��• avid E. Long, Chair
Weld County Clerk to the =:r:r. '
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186i �� ✓/
' nGilliam H. !tyro-Tem
BY:
Deputy Clerk to the Boa y'°fir y a ;
2 - WiTfiam F. Garcia
TAPE #2007-07 EXCUSED DATE OF APPROVAL
bert D. Masden
DOCKET#2006-62.B C-
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