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HomeMy WebLinkAbout20041998.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by James Rohn,that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: 2AmUSR-552 APPLICANT: Duke Energy PLANNER: Kim Ogle LEGAL DESCRIPTION: Lot A of RE-614;part of the W2SE4 Section 28,T6N, R65W of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development Facility including a Natural Gas Processing Facility in the A (Agricultural)Zone District LOCATION: 1/2 mile north of CR 64, 1/4 mile west of CR 43. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-5-100.A(OG.Goal 1. ) states "Oil and gas exploration and production should occur in a manner which minimizes the impact to agricultural uses and the environment and reduces the conflicts between mineral development and current and future surface uses." Further,Section 22-5-100.B(OG.Goal.2) states "The extraction of oil and gas resources should conserve the land and minimize the impact on surrounding land." The request for a Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development Facility including a Natural Gas Processing Facility in the A (Agricultural) Zone District is the second amendment to an existing permitted facility. The original USR was applied for by Colorado Gathering and Processing Company, in 1983. The application was for a natural gas processing plant and support facilities. The amended USR was applied for by Colorado Gathering and Processing Company, in 1986.This application addresses the current on-site conditions,and serves as a baseline for future improvements to the site. Upgrades to the facility addressed under this amendment are for a new compressor building and upgrades as required by the Oil and Gas Commission for regulatory compliance. These modifications will not increase truck trips per day as the plant is at capacity. Further,the amendment was required by the Department of Planning Services due to a change in ownership of the facility. B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural) Zone District.Section 23-3-40.A.2 of the Weld County Code provides for Oil and Gas Support and Service as a Use by Special Review in the A(Agricultural) Zone District. C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing surrounding land uses. The property is in the middle of the section adjacent to the vacated Union Pacific Railroad right-of-way. In all directions, agricultural lands dominate. There are numerous oil and gas production facilities approximately one-half mile directly south of this facility. Operators include RA Resources, Inc., Prima Oil and Gas and Sunshine Valley Petroleum. All operators have at least one Use by Special Review permit in place. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the futur: development as projected by Chapter 22 of the Weld County Code and any other applicabl; • code provisions or ordinances in effect, or the adopted Master Plans of affecte. municipalities. The existing site is within the three mile referral area of the City of Greeley r The City of Greeley stated that the proposal is outside of the City of Greeley 2020 Growt Area and it is suggested that landscaping be provided along the south and east propert 7 boundaries to screen the facility. 2004-1998 R: Resolution 2AmUSR-552 Duke Energy Page 2 E. Section 23-2-220.A.5--The application complies with Section 23-5 of the Weld County Code. The site is within the Airport Overlay District. The Greeley-Weld County Airport has no immediate concerns with the proposal, however,should any construction on site include tall structures,the Greeley-Weld County Airport requests that a Federal Aviation Administration 7460-1 airspace study be performed. The site is also within the County-wide Road Impact Fee Area. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the County Wide Road Impact Fee Program. F. Section 23-2-220.A.6 --The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. This facility is sited on a 2.46 acre parcel adjacent to lands formerly utilized as a single track rail for the Union Pacific Railroad. G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based,in part,upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission's recommendation for approval is conditional upon the following: 1. Prior to recording the plat: 1. The plat shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 2. All sheets of the plat shall be labeled 2ndAmUSR-552. (Department of Planning Services) 3. The plat shall be amended to delineate the following: 1. The attached Development Standards. (Department of Planning Services) 2. The approved Screening Plan,to address the outdoor storage of materials,including the fifty-five gallon barrels associated with this facility shall be screened from adjacent properties, including the public rights-of-way. (Department of Planning Services) 3. County Road 43 is designated on the Weld County Road Classification Plan as a collector status road, which requires an 80-foot right-of-way at full build out. There is presently sixty(60)feet of right-of-way. A total of forty(40)feet from the centerline of County Road 43 shall be delineated on the plat as right-of-way reservation for future expansion of County Road 43. This road is maintained by Weld County. The most recent traffic counts reflect 800-1600 vehicles taken between County Road 50 and County Road 66. (Department of Public Works) 4. The screened trash enclosure for the facility. (Department of Planning Services) 5. A graphic key and or symbol serving to identify each component that is located within the USR Boundary. The key and corresponding component shall be summarized in tabular format and be clearly delineated on the plat. (Department of Planning Services) Resolution 2AmUSR-552 Duke Energy Page 3 4. Submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application to the Air Pollution Control Division, Colorado Department of Health and Environment for emissions of criteria, hazardous or odorous air pollutants. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) 5. Submit a dust abatement plan to the Environmental Health Services, Weld County Department of Public Health & Environment, for approval prior to operation. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) 6. The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) 7. The applicant shall provide evidence of approval by the Department of Public Works concerning the on-site access, circulation and storm water drainage as addressed in their memorandum dated April 11, 2004. Written evidence of approval shall be submitted to the Weld County Department of Planning Services. (Department of Public Works) 8. The applicant shall provide written evidence from the Department of Building Inspection of compliance with building permits issued by the Department of Building Inspection as outlined in their referral dated March 24, 2004. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Building Inspection) 9. The applicant shall address the concerns and requirements of the State of Colorado, Oil and Gas Conservation Commission as referenced in their letter dated March 29, 2004. The applicant shall provide written evidence of approval and compliance with the standards as indicated in this letter to the Department of Planning Services. Further, the applicant shall submit written evidence of such from the State of Colorado, Oil and Gas Conservation Commission. (State of Colorado, Oil and Gas Conservation Commission) 10. The applicant shall submit a Screening Plan to the Department of Planning Services for review and approval. With approval the Screening Plan information shall be graphically delineating on the USR Plat. (Department of Planning Services) 11. The applicant shall submit two sets of construction and site plans to the Eaton Fire Protection District for review and approval. Written evidence of compliance with their regulations shall be submitted to the Department of Planning Services. (Department of Building Inspection) 12. The applicant shall submit evidence to the Department of Planning Services stating that the facility is in compliance with the State of Colorado Air Pollution Control Division specific to the Federally mandated program addressing the Weld County Air Quality Containment Area. Resolution 2AmUSR-552 Duke Energy Page 4 13. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 2. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The Mylar plat and additional requirements shall be submitted within thirty (30)days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to maosa.co.weld.co.us. (Department of Planning Services) 4. Prior to Operation: A. The applicant shall contact the office of the Weld County Sheriff to schedule a walk- through of the site for the purposes of implementing the program"Crime Prevention through Environmental Design". This program reduces the likelihood of criminal activity at a specific location by"hardening" it to crime. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Sheriffs Office) 5. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS DUKE ENERGY - LUCERNE 2ND AMUSR-552 1. The Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development Facility including a Natural Gas Processing Facility in the A(Agricultural)Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5,C.R.S.)shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a"solid waste"in the Solid Wastes Disposal Sites and Facilities Act,30-20-100.5,C.R.S.,as amended. (Department of Public Health and Environment) 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 6. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance with the approved dust abatement plan at all times. (Department of Public Health and Environment) 7. The facility shall adhere to the maximum permissible noise levels allowed in the (Industrial) Zone District as delineated in 25-12-103, C.R.S. as amended. (Department of Public Health and Environment) 8. Adequate handwashing and toilet facilities shall be provided for employees of the facility.(Department of Public Health and Environment) 9. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14). (Department of Public Health and Environment) 10. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants(HAPs)and volatile organic compounds (VOCs). (Department of Public Health and Environment) 11. The applicant shall operate in accordance with the approved"waste handling plan". (Department of Public Health and Environment) 12. Any septic systems located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) 13. The facility shall utilize the existing public water supply for drinking and sanitary purposes.(North weld County Water District) (Department of Public Health and Environment) 14. The operation shall comply with all applicable rules and regulations from the Weld County Code,State of Colorado-Air Pollution Control Division and the Environmental Protection Agency. (Department of Public Health and Environment) 15. The applicant indicated that approximately two to three people will utilize the site. The type of vehicles being used will be pickups for employees,one to three semi-tractor trailers, approximately three per day. If the volume dramatically changes at this facility, the Weld County Public Works Department will require this improvements agreement to accommodate heavy hauling to this site. (Department of Public Works) Resolution 2AmUSR-552 Duke Energy Page 2 16. A building permit shall be obtained prior to doing any new work. Building permits will not be required for the replacement of existing equipment or for the maintenance or repair of existing equipment. (Department of Building Inspection) 17. A plan review is required for each permit application. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of floor plans and plot plans are required when applying for the permit. (Department of Building Inspection) 18. Buildings shall conform to the requirements of the 2003 International Building, Mechanical,Plumbing and 2002 National Electrical Codes and Chapter 29 of the Weld County Code. (Department of Building Inspection) 19. Building height, setback and offset distance shall be determined by the Weld County Code. Separation of buildings of mixed occupancy classifications shall be in accordance with Table 302.3.3, 2003 International Building Code. (Department of Building Inspection) 20. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the County Road Impact Fee Program. (Department of Planning Services) 21. The facility shall maintain compliance with the State of Colorado Air Pollution Control Division specific to the Federally mandated program addressing the Weld County Air Quality Containment Area at all times. (Department of Planning Services) 22. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. (Department of Planning Services) 23. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. (Department of Planning Services) 24. Personnel from Weld County Government shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) 25. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. (Department of Planning Services) 26. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning Services) Motion seconded by John Folsom Resolution 2AmUSR-552 Duke Energy Page 3 VOTE: For Passage Against Passage Absent Michael Miller John Folsom Bryant Gimlin Stephen Mokray Bruce Fitzgerald James Rohn Chad Auer Tonya Strobel Doug Ochsner The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I,Voneen Macklin, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on June 15, 2004. Dated the 15'h of June, 2004. Voneen Macklin Secretary 6 -/5- o2OC Consent Agenda: CASE NUMBER: 2AmUSR-552 APPLICANT: Duke Energy PLANNER: Km Ogle LEGAL DESCRIPTION: Lot A of RE-614; part of the W2SE4 Section 28, T6N, R65W of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development Facility including a Natural Gas Processing Facility in the A(Agricultural)Zone District LOCATION: 1/2 mile north of CR 64, 1/4 mile west of CR 43. CASE NUMBER: USR-1476 APPLICANT: Troy& Judy Hefner PLANNER: Jacqueline Hatch LEGAL DESCRIPTION: Lot 4 Althen Boyer Subdivision, Pt of SW4 Section 23, Ti N, R68 of the 6th P.M., Weld County, Colorado. REQUEST: A Site Specific Development Plan and Special Review Permit for a business permitted as a Use by Special Review (Commercial Junkyard or Salvage Yard) in the C-3 (Commercial)Zone District. LOCATION: East of and adjacent to 1-25 (frontage road)and approximately 1/4 mile north of CR 6. James Rohn moved to approve the Consent Agenda. Stephen Mokray seconded. Motion carried. The following cases will be Heard: CASE NUMBER: USR-1477 APPLICANT: David & Darlene Rothrock PLANNER: Chris Gathman LEGAL DESCRIPTION: Lot B RE-3635, Pt NE4 of Section 4, Ti N, R65W of the 6th P.M., Weld County, Colorado. REQUEST: A Site Specific Development and Special Review Permit for one Single Family Dwelling Unit per lot other than those permitted under Section 23- 3-20A of the Weld County Code LOCATION: North of and adjacent to State Hwy 52 and West of and adjacent to CR 43. Chris Gathman, Department of Planning Services presented Case USR-1477, reading the recommendation and comments into the record. The Department of Planning Services is recommending approval of the application along with the Conditions of Approval and Development Standards. Staff is recommending the following changes: 1. Delete Item#2 page 4 2. Delete Development Standards#10 3. Delete Development Standards#12 4. Delete Development Standards#13 The changes reflect the changes affecting the Recorded Exemption process. Michael Miller asked if the amendment will make this permanent as opposed to having the applicant come back for a recorded exemption at a later time. Mr. Gathman stated that was correct. James Rohn asked that Development Standards#14 be changed from "proposed lots"to "subject property." Ann best Johnson, representative for the applicant, indicated that the structure is needed for the ranch Mi operation. " The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak LEGAL DESCRIPTION: Part of Lot B, RE-3312; being part of the S2 NW4 of Section 5, T7N, R65W of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and a Special Review Permit for three (3) radio communication transmission towers over seventy feet in height (183') in the A (Agricultural)Zone District. LOCATION: 1/4 mile south of CR 86 and 1/4 mile east of CR 39. CASE NUMBER: USR-1468 APPLICANT: Scott& Nancy Vermilyea PLANNER: Wendi Inloes LEGAL DESCRIPTION: Lot B of RE-3166; being Pt of NW4 Section 3, T6N, R65 of the 6th P.M., Weld County, Colorado. REQUEST: A Site Specific Development Plan and a Special Review Permit for a single family dwelling unit (other than those permitted under Section 23-3-20A) in the A(Agricultural )Zone District. LOCATION: East of and adjacent to CR 43; approximately '/ mile south of CR 76. CASE NUMBER: MF-1017 APPLICANT: Jeff Stamp PLANNER: Sheri Lockman LEGAL DESCRIPTION: Lot B, Corrected RE-2462; part SW4 Section 36, T4N, R68W of the 6th P.M., Weld County, Colorado. REQUEST: Minor Subdivision Final Plan for nine (9)lots with E (Estate)Zoning. LOCATION: North of and adjacent to CR 38; % mile west of CR 13. John Folsom indicated that this case has been approved by Planning Commission. Bryant Gimlin moved to approve the Consent Agenda. James Rohn seconded. The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; James Rohn, yes; Chad Auer, yes; Tonya Strobel, yes; Doug Ochsner, ; Bruce Fitzgerald, . Motion carried unanimously. The following cases will be heard: CASE NUMBER: 2AmUSR-552 APPLICANT: Duke Energy PLANNER: Kim Ogle LEGAL DESCRIPTION: Lot A of RE-614; part of the W2SE4 Section 28, T6N, R65W of the 6th P.M., Weld County, Colorado. REQUEST: Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development Facility including a Natural Gas Processing Facility in the A(Agricultural)Zone District LOCATION: 1/2 mile north of CR 64, 1/4 mile west of CR 43. Kim Ogle, Department of Planning Services presented Case 2AmUSR-552, reading the recommendation and comments into the record. The Department of Planning Services is recommending approval of the application along with the Conditions of Approval and Development Standards. John Folsom asked if there has been any complaints regarding noise at the existing facility. Mr. Ogle stated there has been nothing received. There have been two telephone calls from surrounding property owners who wanted to know about the application and the facility. Mr. Ogle indicated that one call was concerning expansion of the facility while the other was for general information for a mineral owner. James Rohn questioned the need for Condition of Approval#5 regarding special review activities. This activity is occurring on site currently. Mr. Ogle stated that staff is asking the applicant to get their Certificate of Occupancy prior to completion of their on site improvement. John Folsom asked Char Davis about the noise level being rated Industrial when the surrounding area is agricultural. Ms. Davis stated that the residences within the surrounding area was taken into consideration but this use is an industrial use and that is why the industrial level was determined. Lee Morrison stated there is no standard noise levels for agricultural uses. Tim Clancy, applicants representative, provided clarification on the facility. The only change to the facility will be the construction of a building cover an existing compressor. John Folsom asked if they will be installing new compressors. Joe Kuchinski, Asset Manager for Duke Energy, stated there will be no installation of new compressors. Mr. Folsom asked if the enclosure will be insulated and if there are mufflers on the compressors. Mr. Kuchinski stated that the enclosure is for weather protection over instrument air compressors and there are mufflers on the existing compressors. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. Stephen Mokray moved that Case 2AmUSR-552, be forwarded to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commissions recommendation of approval. John Folsom seconded the motion. The Chair asked the secretary to poll the members of the Planning Commission for their decision. John Folsom, yes; Stephan Mokray, yes; Michael Miller, yes; Bryant Gimlin, yes; James Rohn, yes; Chad Auer, yes; Tonya Strobel, yes; Doug Ochsner, yes; Bruce Fitzgerald, yes. Motion carried unanimously. r� CASE NUMBER: MZ-1053 APPLICANT: Jeff Couch/Carlson Revocable Trust PLANNER: Sheri Lockman LEGAL DESCRIPTION: Lot B 2amUSR1873; pt of NE4 Section 8, T7N, R67W of the 6th P.M., Weld County, Colorado. REQUEST: Change of Zone from (A)Agriculture to(E) Estate for a 9 lot Minor Subdivision (Prairie Ridge Estates) LOCATION: South of and adjacent to CR 84 and west of and adjacent to CR 17 section line. Sheri Lockman, Department of Planning Services presented Case MZ-1053, reading the recommendation and comments into the record. The Department of Planning Services is recommending approval of the application along with the Conditions of Approval and Development Standards. James Rohn asked if this should be more of an urban area. Ms. Lockman stated it was a judgement call, technically this application is not adjacent to any PUD or subdivisions. The regulation indicated you must be adjacent to be considered urban. Mr. Rohn asked if the roads should be paved roads due to the amount of development in the area. Mr. Rohn continued with a question regarding rather there should be a Development Standards that would require the applicant to attach to public sewer if the availability is there? Ms. Lockman stated the applicant has contacted Boxelder Sanitation District and there is a letter addressing the concern in the packet. Boxelder Sanitation District has indicated it will be a while before sewer is available in the area. Ms. Lockman stated that the size of the lots may make it not financially feasible to.obtain public sewer. Another concern is that once a buyer has spent the money installing a septic system it would be unfair to force them to attach immediately. If the site did become within 400 feet of a public system and Boxelder Sanitation District was willing to service, there would be no repair permits issued to the systems or any new systems. John Folsom asked about the letter from the Poudre Fire Authority (PFA) stating a dead end street cannot exceed 660 feet. Is there any provision for turn arounds? Ms. Lockman indicated an emergency access is Hello