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Home My WebLink About20062125 HEARING CERTIFICATION DOCKET NO. 2006-52 RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW PERMIT #1467 FOR AN OIL AND GAS PRODUCTION FACILITY (21 OIL AND GAS WELLS AND FIVE (5)TANK BATTERIES)IN THE I-1 (INDUSTRIAL)ZONE DISTRICT- EASTMAN KODAK COMPANY/BROE LAND ACQUISITIONS II, LLC, C/O PETRO- CANADA RESOURCES (USA) INC. A public hearing was conducted on August 23, 2006, at 10:00 a.m., with the following present: Commissioner M. J. Geile, Chair Commissioner David E. Long, Pro-Tern Commissioner William H. Jerke Commissioner Robert D. Masden Commissioner Glenn Vaad Also present: Acting Clerk to the Board, Jenny Luna County Attorney, Bruce Barker Planning Department representative, Brad Mueller Health Department representative, Char Davis Public Works representative, Peter Schei The following business was transacted: I hereby certify that pursuant to a notice dated August 4, 2006, and duly published August 9,2006, in the Fort Lupton Press,a public hearing was conducted to consider the request of Eastman Kodak Company/Broe Land Acquisitions II, LLC, c/o Petro-Canada Resources (USA) Inc., for a Site Specific Development Plan and Amended Use by Special Review Permit#1467 for an Oil and Gas Production Facility (21 oil and gas wells and five (5) tank batteries) in the I-1 (Industrial) Zone District. Bruce Barker, County Attorney, made this a matter of record. Brad Mueller, Department of Planning Services, presented a brief summary of the proposal and location of the site and entered the favorable recommendation of the Planning Commission into the record as written. He stated areas of floodway are present upon the property, and he displayed photographs of the site. He further stated the Planning Commission discussed that structures will be located within a floodway; however, it was recognized that existing facilities exist at the site, and other permits have been approved upon properties with similar issues. He stated the applicant has met all other criteria listed in the Weld County Code. In response to CommissionerJerke,Mr.Mueller stated the applicant will be completing directional drilling at six of the twenty-one wells, and the multiple well sites are layered. Responding to Chair Geile, Mr. Mueller stated other oil facilities have tank batteries and wells located within floodways. He further stated staff is researching the possiblity of a Code update regarding the placement of oil facilities within floodways. In response to Commissioner Masden, Mr.Mueller stated the tank batteries will have to be anchored,and the applicant is required to obtain a Flood Hazard Permit. He further stated the effects from flooding may be mitigated. 2006-2125 PL1707 00 O9 �o o� • HEARING CERTIFICATION-EASTMAN KODAK COMPANY/BROE LAND ACQUISITIONS II, LLC, C/O PETRO-CANADA RESOURCES (USA) INC. (AMUSR#1467) PAGE 2 Char Davis, Department of Public Health and Environment,stated the applicant is required to obtain emissions permits,and the applicant has 45 days to produce the first production report. She further stated bottled water and portable toilets are required for employees at the site during construction and drilling operations. Peter Schei, Department of Public Works,stated the site will be accessed from State Highway 257, which is along the western boundary of the property. He stated the applicant is required to provide an all-weather surface of the gravel road leading to the facilities. He further stated the applicant will be required to obtain a Flood Hazard Permit. Susan Aldridge, Petro-Canada Resources (USA), Inc., represented the applicant and stated the amendment to the previous Use by Special Review Permit will provide for the addition of twelve new wells,for a total of twenty-one wells. She stated six of the wells will be directionally drilled, permits have been submitted to the Colorado Oil and Gas Conservation Commission, and four of the permits have already been approved. She stated surface use agreements are in place with the surface owner on all of the wells,and the company has been working with the developer regarding future development of the property. She further stated Petro-Canada is prepared to comply with all the Conditions of Approval and Development Standards, and the Air Pollution Emissions Notice (APEN)will be submitted within 45 days of production. Ms.Aldridge stated the Federal Emergency Management Agency(FEMA)has determined there are no problems with the location of the wells. She stated Commissioner Jerke had previously recommended that the Weld County Code be considered and re-evaluated as it applies to facilities located within a floodplain or floodway. In response to Commissioner Masden,Susan Miller, Petro-Canada Resources(USA), Inc.,stated she is not aware of any further restrictions prompted by the Environmental Protection Agency. She further stated the company is currently working on the APEN. Responding to Commissioner Masden, Dave Gipson, Facilities Supervisor, Petro-Canada Resources(USA), Inc., stated the company is required to control 47.5 percent of the emissions of the production tanks between the months of May and October,and the requirement is consistently met. He further stated it is his understanding that the minimum control may soon reach 80 percent. He stated the company is installing vapor recovery units,which will compress the gas back into the line, and combusters, which will burn the gas off. Further responding to Commissioner Masden, Mr. Gipson clarified that the company is meeting the emissions requirements as currently stated. In response to Chair Geile,Mr. Barker stated further restrictions placed upon the oil and gas industry will be placed upon all the wells located in Weld County. Commissioner Masden commented that Boulder County has distributed a letter, requesting consideration regarding issues of non-attainment. Ms. Aldridge stated the company will be bound to comply with all regulations. Commissioner Masden stated some producers are not complying with regulations,and the County is trying to avoid non-attainment within the area. In response to Commissioner Masden, Ms. Aldridge stated the company recognizes the regulations may change; however, the company is committed to complying. In response to Chair Geile, Ms.Aldridge stated she has reviewed and concurs with the Conditions of Approval and Development Standards as proposed. No public testimony was offered concerning this matter. 2006-2125 PL1707 HEARING CERTIFICATION-EASTMAN KODAK COMPANY/BROE LAND ACQUISITIONS II,LLC, CIO PETRO-CANADA RESOURCES (USA) INC. (AMUSR #1467) PAGE 3 Commissioner Masden moved to approve the request of Eastman Kodak Company/Broe Land Acquisitions II, LLC,c/o Petro-Canada Resources(USA)Inc.,for a Site Specific Development Plan and Amended Use by Special Review Permit#1467 for an Oil and Gas Production Facility(21 oil and gas wells and five (5) tank batteries) in the I-1 (Industrial) Zone District, based on the recommendation of the Planning Commission,with the Conditions of Approval and Development Standards as entered into the record. The motion was seconded by Commissioner Jerke, and it carried unanimously. There being no further discussion,the hearing was completed at 10:30 a.m. This Certification was approved on the 23rd day of August 2006. la, APPROVED: OARD OF COUNTY COMMISSIONERS um , k- :k ELD CO TY, COLORADO ATTEST: � � D® tl ►taGf� �;:I •— M. J. 'le, Chair Weld County Clerk to the Bo J . '' BY. `��u David E. Long, Pro-Tem Dep Clerk the Board 'n-Z.-/./ Wil • m H. Jer e TAPE #2006-31 ' Robert . sd n DOCKET#2006-52 Glenn Vaad 2006-2125 PL1707 EXHIBIT INVENTORY CONTROL SHEET Case AmUSR#1467 - EASTMAN KODAK COMPANY/BROE LAND ACQUISITIONS II, up C/O PETRO-CANADA RESOURCES (USA) INC. 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 06/06/2006) D. Clerk to the Board Notice of Hearing E. Planning Staff Memo re: Items prior to Scheduling, dated 07/08/2006 F. Public Works Letter re: Flood Hazard Development Permit Comments, dated 05/30/2006 G. Applicant Letter re: Revised Site Plan and Responses and large Plat Map, dated 06/28/2006 H. Planning Staff Certification and Photo of Sign Posting J. K. L. M. N. O. P. Q. R. S. T. 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