The URL can be used to link to this page

Browse Search

Home My WebLink About20072536.tiff HEARING CERTIFICATION DOCKET NO. 2007-55 RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW PERMIT #646 FOR AN OIL AND GAS PRODUCTION FACILITY (CONTINUING PERMITTED OIL AND GAS PRODUCTION FACILITIES, AN ADDITIONAL TWO(2)OIL AND GAS WELLS, AND AN ADDITIONAL TANK BATTERY FACILITY) IN THE R-1 (LOW-DENSITY RESIDENTIAL) ZONE DISTRICT - PAUL HUNGENBERG AND MICHAEL HUNGENBERG, CIO PETROLEUM DEVELOPMENT CORPORATION A public hearing was conducted on July 25, 2007, at 10:00 a.m., with the following present: Commissioner David E. Long, Chair Commissioner William H. Jerke, Pro-Tern Commissioner William F. Garcia Commissioner Robert D. Masden - EXCUSED Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Jennifer VanEgdom County Attorney, Bruce Barker Planning Department representative, Hannah Hippely Health Department representative, Pam Smith Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated July 6,2007,and duly published July 11,2007,in the Fort Lupton Press,a public hearing was conducted to consider the request of Paul Hungenberg and Michael Hungenberg,c/o Petroleum Development Corporation,for a Site Specific Development Plan and Amended Use by Special Review Permit#646 for an Oil and Gas Production Facility(continuing permitted oil and gas production facilities,an additional two(2)oil and gas wells,and an additional tank battery facility) in the R-1 (Low-Density Residential) Zone District. Bruce Barker, County Attorney, made this a matter of record. Chair Long advised the applicant's representative, Carrie Eggleston, Petroleum Development Corporation,that she has the option of continuing the matter to a date when the full Board will be present. However, if she decides to proceed today, it will require three affirmative votes, or in the case of a tie vote, Commissioner Masden will listen to the record and make the determining vote. Ms. Eggleston indicated she would like to proceed today. Hannah Hippely, 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. She stated the site is located east of County Road 41 and south of County Road 64,and she gave a brief description of the location and uses of surrounding properties. She stated twelve referral agencies reviewed this request, and eight responded favorably, or included comments which have been addressed through the Conditions of Approval and Development Standards. She further stated the application was submitted in an attempt to correct an active violation on the site,which was issued due to the presence of oil and gas facilities on the site without a proper Use by Special Review Permit. She clarified approval of the application will correct the violation, and she displayed 2007-2536 C0U ', PL, /ac ,'i PL1352 HEARING CERTIFICATION - PAUL HUNGENBERG (AMUSR #646) PAGE 2 photographs of the site. In response to Chair Long, Ms. Hippely stated the original Use by Special Review Permit covered a large area; however, two wells and a tank battery facility were added without amending the permit to include the new improvements. Pam Smith, Department of Public Health and Environment,stated the applicant is required to supply an Air Pollution Emissions Notice(A.P.E.N.)from the Colorado Department of Public Health and Environment,or a letter stating an A.P.E.N. is not needed. She stated the requirement is deferred until 45 days after the first production,to allow time for data to be gathered to submit to the State. She further stated no employees will be located on the site. In response to Chair Long, Ms. Smith stated the A.P.E.N. requirement is listed as Condition of Approval #1.B. Don Carroll, Department of Public Works,stated the site is accessed from County Road 41,which is an extension of First Avenue, and is located between C Street and O Street. He stated County Road 41 is a local gravel road,and the average daily traffic count is approximately 600 vehicle trips per day. He further stated the site is currently under construction, and construction is nearing completion. He stated the access is located at the top of the hill,therefore,the access is safe, and adequate site distance exists. Ms. Eggleston stated the company is now fully aware that the improvements to the property were in violation, and she has worked closely with the Department of Planning Services to correct the violation. She stated the applicant was unaware the property was zoned R-1 (Low-Density Residential), and the company has changed the necessary policies and procedures to ensure violations do not occur in the future. In response to Commissioner Garcia, Ms. Eggleston stated the request from the Greeley-Weld County Airport,recommending a Federal Aviation Administration study has been addressed. She clarified she contacted a representative of the airport,and he was under the impression that the company would be drilling wells in addition to the ones already located on the site,and he requested a study be completed before any future drilling is completed at the site. Susan Arnold, surrounding property owner, stated she was under the impression that additional drilling would be completed on the property. Chair Long clarified for Ms.Arnold that the request is for the facilities already located on the site, and no additional wells will be drilled at this time. He further clarified if the applicant wishes to complete additional drilling in the future,a notice will again be sent out to surrounding property owners. Ms. Arnold stated the activities on the site have generated increased truck traffic in the area, and the speed limit has also recently increased from 30 to 45 miles per hour. In response to Ms.Arnold, Mr. Carroll stated he is not aware of the speed limit increase in the area; however, the increase was most likely due to a traffic study completed within the area. He clarified he will research the matter and provide information to Ms.Arnold. Ms. Arnold expressed her concerns and questions regarding the mineral rights on her property, and Mr.Barker advised Ms.Arnold to contact the Colorado Oil and Gas Conservation Commission,and to contact Petroleum Development Company to gain additional information. Ms.Arnold clarified she will also be asking questions on behalf of her elderly neighbors who were not able to be in attendance today. Chair Long suggested that Ms.Arnold meet with Ms. Eggleston after the hearing today to discuss the mineral rights on the property. There being no further comments, Chair Long closed the public portion of the hearing. 2007-2536 PL1352 HEARING CERTIFICATION - PAUL HUNGENBERG (AMUSR #646) PAGE 3 Ms. Eggleston stated the applicant owns 80 acres, and only two wells are allowed to be drilled on the property, therefore, there are no plans for future drilling on the site. She clarified she understands if future drilling were to occur,an amendment of the permit would again be necessary. She further stated she is not aware of the correlation of the increased speed limits within the immediate vicinity of the site,and clarified the company has not requested any modifications to the speed limit. In response to Commissioner Long, Ms. Eggleston stated she and the applicant have reviewed,and concur with,the Conditions of Approval and Development Standards as proposed. Mr. Carroll provided Ms.Arnold with the contact information to inquire about the traffic and speed limit concerns on County Road 41. Commissioner Garcia moved to approve the request of Paul Hungenberg and Michael Hungenberg, c/o Petroleum Development Corporation,fora Site Specific Development Plan and Amended Use by Special Review Permit#646 for an Oil and Gas Production Facility(continuing permitted oil and gas production facilities,an additional two(2)oil and gas wells,and an additional tank battery facility) in the R-1 (Low-Density Residential)Zone District,based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record. The motion was seconded by Commissioner Rademacher,and it carried unanimously. There being no further discussion, the hearing was completed at 10:30 a.m. This Certification was approved on the 30th day of July 2007. APPROVED: BOARD OF COUNTY COMMISSIONERS ' I f(, ♦ W COUNTY, COLORADO ATTEST: L ( 432 David David E. Long, Chair Weld County Clerk to r ,-ya_... :t `7 William .Jer ro-Te BY: Dep Cler o the Board c� William F. Garcia TAPE #2007-21 EXCUSED Robert D. Masden DOCKET#2007-55 ta,e..441 ougla ademach r 2007-2536 PL1352 EXHIBIT INVENTORY CONTROL SHEET Case AmUSR#646 - PAUL AND MICHAEL HUNGENBERG, CIO PETROLEUM DEVELOPMENT CORPORATION Exhibit Submitted By Exhibit Description A. Planning Staff Inventory of Items Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes 06/05/2007) D. Clerk to the Board Notice of Hearing (Filed under Legals) E. Planning Staff Certification and photo of sign posting F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. b y \. A d tl \ 7 ; ! \ ^ % / V � ~ S N ` 0 / 9 ; / / N-� : U - k — r � . i c U , i o § �� w \ u # \ � � { \ w Co \ : \ © E ce § u 0 EJ <6 / � . . , -1 /k v / / f o ) . a m ! R � ° 3 Cl) \ \ / O CU » 0 $TD in k �D f \\ © IX 2 ° k "' Q \ \ u � E . < e \ x « i . ) f� � k z § $ c " '-tr z . ( 00 a \ j G o 2 § a .E ; i 0 \ /k O 2 ' ' a .C. / � u 992 win co \ Ii* / § k § d C o C z § § § 0 Uc / \ $ % IQ 000 § ) -, mc IL I occ 0- Hello