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Home My WebLink About20041420.tiff HEARING CERTIFICATION DOCKET NO. 2004-29 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1467 FOR AN OIL AND GAS PRODUCTION FACILITY(NINE OIL AND GAS WELLS) IN THE I-1 (INDUSTRIAL) ZONE DISTRICT - PRIMA OIL AND GAS COMPANY A public hearing was conducted on May 12, 2004, at 10:00 a.m., with the following present: Commissioner Robert D. Masden, Chair Commissioner William H. Jerke, Pro-Tem Commissioner M. J. Geile Commissioner David E. Long Commissioner Glenn Vaad Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Lee Morrison Planning Department representative, Sheri Lockman Health Department representative, Char Davis Public Works representative, Donald Carroll The following business was transacted: I hereby certify that pursuant to a notice dated April 23,2004,and duly published April 28,2004, in the Fort Lupton Press,a public hearing was conducted to consider the request of Prima Oil and Gas Company for a Site Specific Development Plan and Use by Special Review Permit#1467 for an Oil and Gas Production Facility(nine oil and gas wells)in the I-1 (Industrial)Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Sheri Lockman, 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. Ms.Lockman gave a brief description of the location of the site and displayed photographs of the surrounding area. She stated twelve referral agencies reviewed this proposal,eight responded favorably or included comments that have been addressed through the Conditions of Approval and Development Standards,and staff received no correspondence from surrounding property owners. She further stated a late referral from the Weld County Sheriffs Office, marked Exhibit F,was received requesting fencing around the facilities to mitigate the potential for tampering. She suggested Condition of Approval#1.J be added to state, "The applicant shall attempt to address the conditions and concerns of the Weld County Sheriff's Office, as indicated in a referral response dated April 21, 2004. Written evidence of such shall be submitted to the Department of Planning Services." Ms. Lockman stated some of the wells will be in the floodway, and Section 23-5-250.B of the Weld County Code states, "No development shall occur in the Floodway District with the exception of floodproofed agricultural exempt buildings." She stated FEMA indicated no concern with the proposed use as long as the applicant obtains a Flood Hazard Development Permit and Building Permits are authorized by the Board of County Commissioners. Char Davis, Department of Public Health and Environment, stated she has no comments at this time. 2004-1420 PL1707 /7/Lrc�73) OS-&c -O' HEARING CERTIFICATION - PRIMA OIL AND GAS COMPANY (USR #1467) PAGE 2 Don Carroll, Department of Public Works, stated the site has two accesses from State Highway 257,the Colorado Department of Transportation (CDOT) has jurisdiction, and the other access will be from the adjacent Kodak property. Mike Wozniak, attorney for Prima Oil and Gas, stated this request is similar to the previous applications considered by the Board. He stated the applicant does have a Surface Use Agreement with the adjacent property owner, Eastman Kodak Company, they have secured the necessary State permits,and they have completed the review process with the Town of Windsor and the Weld County Planning Commission. Mr.Wozniak stated this Use by Special Review Permit is required because the use is located within the Industrial Zone District. He stated because some of the wells are in the floodplain, the applicant is willing to get a Flood Hazard Development Permit, and they have hired a professional hydrologist to evaluate the site and ensure that there will be minimal impacts in the event of a 100-year flood. Responding to Chair Masden, Mr. Wozniak stated the wells will be subject to the new Environmental Protection Agency(EPA)regulations which require an annual Air Pollution Emission Notice(APEN)filing,as well as being equipped with new equipment that will result in a 33-percent pollution reduction during 2005. He explained that adding the equipment is very expensive and will only result in a .01-percent reduction in ozone. Responding to Chair Masden, Mr. Wozniak stated he will provide photographs of the flares and related equipment, and invited the Commissioners to attend a tour of a facility. In response to Chair Masden, Ms. Lockman stated the flares are subject to setback requirements,which should not be a problem in this instance. Mr. Wozniak stated the visual impacts will probably cause more problems than the environmental impacts. No public testimony was offered concerning this matter. In response to Chair Masden,Mr.Wozniak stated he and the applicant have reviewed and concur with the Conditions of Approval and Development Standards as presented, as well as the addition of Condition #1.J to address the Sheriffs concerns. In response to Commissioner Vaad, Mr. Wozniak explained the casing at the top of the wellhead is sealed, so there is no way for water to enter the system or for gas to escape in the event of a flood. Commissioner Jerke commented this property is in the floodplain,therefore, fencing may not be a good idea,and not many other wells in the County have fencing around them. He added FEMA will probably prohibit the requested fencing. Ms. Lockman concurred. She stated there is potential of tampering with the equipment because the wells are next to the Kodak trail, therefore,the applicant indicated it would like to erect fencing if allowed. Commissioner Vaad stated he would prefer to include the language and let the issue be resolved by the appropriate agencies. Commissioner Jerke requested the Board schedule a work session to discuss an amendment to the Weld County Code which would allow this type of use as a Use by Right in the Industrial Zone District. Chair Masden concurred. Commissioner Vaad moved to approve the request of Prima Oil and Gas Company for a Site Specific Development Plan and Use by Special Review Permit#1467 for an Oil and Gas Production Facility(nine oil and gas wells)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. His motion also included the addition of Condition#1.J as proposed by staff. The motion was seconded by Commissioner Jerke, and it carried unanimously. There being no further discussion, the hearing was completed at 10:45 a.m. 2004-1420 PL1707 HEARING CERTIFICATION - PRIMA OIL AND GAS COMPANY (USR #1467) PAGE 3 This Certification was approved on the 17th day of May 2004. APPROVED: BOARD OF COUNTY COMMISSIONERS E� .� WELD(�COUNTY, COLORADO Robert D. Masden, Chair rk to the Board ®/ � William H. rke, Pro-Tem ieputy Clerk to the Board M. eile TAPE#2004-21 e Davi Long DOCKET#2004-29 Glenn Vaad 2004-1420 PL1707 EXHIBIT INVENTORY CONTROL SHEET Case USR#1467 - PRIMA OIL AND GAS COMPANY 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 04/06/2004) D. Clerk to the Board Notice of Hearing E. McLaughlin Rincon, Ltd. Letter and attachments re: Impacts to floodway, dated 04/05/2004 F. Sheriffs Office Referral response, dated 04/21/2004 G. Planning Staff Certification and Photo of sign posted on the site, submitted 05/12/2004 H. Planning Staff Proposed language for Condition of Approval, submitted 05/12/2004 J. K. L. M. N. O. P. Q. R. S. T. U. I ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 12TH DAY OF MAY, 2004: DOCKET#2004-38 - ROBIN THOMAS DOCKET#2004-29 - PRIMA OIL AND GAS COMPANY DOCKET#2004-42 - FARMLAND RESERVE, INC. PLEASE legibly write or print your name and complete address. NAME ADDRESS John Doe 123 Nowhere Street, City, State, Zip IIke. W 0 z-N it)--1/2c_ 30 0 17 1-h ST 4:�I0 ro,a / iners 10 99 -/ rte( S i 5cf , t-e 'Slab Den (Afar Co re'aOa e,tv vJLeISe�u� LZ -7,7.0, 2_,-- zz fix.-_e.1-e '-d ;Cot / 11D w i r-1) 31-51S /1wJ 4E 1 i-t)/1 5`0 r iie 'Sra&s4 ad �'y1/i /6.�0 w aa0 /I/� 744% x-8937 j 46 Mix,g-nl 4'311 HwY ;�� corrE LosJ&.M-� c© dose )._,A2 n ,A UJ 1--C ff-1- Vi Hello