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Home My WebLink About20192414.tiffHEARING CERTIFICATION DOCKET NO. 2019-60.B RE: A MAJOR AMENDMENT, 1 MJUSRI9-14-0035, TO A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR14-0035, (NATURAL GAS AND CONDENSATE SEPARATOR FACILITY AND COMPRESSOR FACILITY) TO EXPAND THE BOUNDARIES AND TO ADD AN AMINE SYSTEM TO TREAT GAS AND A CRYOGENIC PROCESSING PLANT INCLUDING A 125 -FOOT FLARE IN THE A (AGRICULTURAL) ZONE DISTRICT — AKA ENERGY GROUP, LLC A public hearing was conducted on July 3, 2019, at 10:00 a.m., with the following present: Commissioner Barbara Kirkmeyer, Chair Commissioner Mike Freeman, Pro-Tem Commissioner Sean P. Conway Commissioner Scott K. James Commissioner Steve Moreno Also present: Acting Clerk to the Board, Jessica Reid Assistant County Attorney, Bob Choate Planning Services Department representative, Chris Gathman Public Works Department representative, Evan Pinkham Health Department representative, Ben Frissell The following business was transacted: lEi I hereby certify that pursuant to a notice dated March 13, 2019, and duly published March 20, 2019, in the Greeley Tribune, a public hearing was conducted on April 24, 2019, to consider the request of Aka Energy Group, LLC, for a Major Amendment, 1MJUSR19-14-0035, to a Site Specific Development Plan and Use by Special Review Permit, USR14-0035, (natural gas and condensate separator facility and compressor facility) to expand the boundaries and to add an Amine System to treat gas and a Cryogenic Processing Plant including a 125 -foot Flare in the A (Agricultural) Zone District, at which time the Board deemed it advisable to continue the matter to July 3, 2019, to allow adequate time to finalize the noise modeling study, conduct another community meeting, and present to the Planning Commission on May 21, 2019. Bob Choate, Assistant County Attorney, made this a matter of record. Chris Gathman, Department of Planning Services, presented a brief summary of the proposal, and stated the facility is proposed to operate 24/7, 365 days a year. He indicated there will be up to ten (10) full-time employees, and mentioned the nearest residence is 1,000 feet southwest of the site. He described the letters received from surrounding property owners (SPOs) and stated the proposed site is not within the three (3) mile referral area of any municipalities. He entered the favorable recommendation of the Planning Commission into the record as written, and displayed images of the site and surrounding areas. In response to Commissioner Conway, Mr. Gathman confirmed the original USR14-0035 had a Development Standard (DS) that required an Air Pollutant Emission Notice (APEN). c -c. • PL CCG(TP), Pw(£P(TJ), £H (,BP') OcUllt 2019-2414 PL2291 HEARING CERTIFICATION -AKA ENERGY GROUP, LLC (1MJUSR19-14-0035) PAGE 2 F Evan Pinkham, Department of Public Works, provided a brief overview of the transportation plans and requirements, stated access to the site is on County Road (CR) 38, and indicated an access permit, AP18-00266, had been issued. He provided the traffic counts, daily roundtrips and average speeds in the area, mentioned the Department of Public Works (PW) is requiring tracking control during construction, as well as a Road Maintenance Agreement, and presented the drainage and grading requirements. F Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer provisions. He indicated there will be up to ten (10) full-time employees onsite, and a commercial well and septic system is proposed. He stated there will be no washing of vehicles, floor drains, or fuel stored onsite, and DS #14-30 address Environmental Health (EH) items. In response to Commissioner Conway, Mr. Frissell confirmed DS #16 addresses the APEN requirement for USR14-0035. F Coy Bryant, Director of Operations for Aka Energy Group, LLC, represented the applicant and introduced the parties who were able to answer questions, if needed. He displayed a PowerPoint presentation, providing details about company overview, existing facilities, and site layout. He described the community engagement, as well as site safety and security. He mentioned a 20 -foot wall will enclose the facility, and discussed emissions and air permitting, process and mitigation. He further stated Aka Energy will provide gas monitors to neighbors in close proximity to the facility to address SPO concerns and outlined visual and noise mitigation. El Andrew Truitt, Senior Engineer with Behrens and Associates, Inc., displayed a PowerPoint presentation of the Noise Model, and stated it is the opinion of Behrens and Associates, Inc., that with the efforts outlined in the Noise Modeling Report, the applicant will be in compliance with the noise standard. In response to Chair Kirkmeyer, Mr. Truitt clarified the color coding on the Contour Map and described the sound decibels (dBA) associated with each color. In response to Commissioner Conway, Mr. Truitt clarified the modeling does not include flaring because the application is in the design stage, and confirmed the noise associated with a flare will be at, or below, compliance. F In response to Commissioner James, Mr. Bryant confirmed they will be installing 24 -hour noise monitoring and, in response to Chair Kirkmeyer, he confirmed they will have Lower Explosive Limit (LEL) gas detection throughout the plant for air monitoring. In response to Commissioner Conway, Mr. Bryant explained the process of gas monitoring remotely and Aka's ability to respond immediately. Rochell Sherman, SPO, indicated on the map where she lives, and stated Aka has been good at meeting with neighbors. However, she expressed concerns about the Volatile Organic Compounds (VOCs), constant malfunction of these type of facilities, the proposed haul route, the number of facilities already near her home and the noise at night. She indicated she was against any further expansion in the area, and in response to Commissioner Conway, she stated she sees flaring at the nearby Mewbourne plant "all the time", and a malfunction causing black smoke occurs about every two weeks. 2019-2414 PL2291 HEARING CERTIFICATION - AKA ENERGY GROUP, LLC (1MJUSR19-14-0035) PAGE 3 El Dr. Dave Kisker, Weld County resident with a background in noise modeling, questioned the accuracy of the noise modeling survey. He suggested adding a DS to require the applicant provide a noise report one (1) year after completion of the facility to ensure compliance. In response to Commissioner Conway, Dr. Kisker stated he is concerned about the noise associated with flaring, and reiterated the need for a compliance report. Mr. Bryant addressed concerns presented by SPOs, including the haul route, flaring, and a detailed compliance report. In response to Commissioner Conway, he explained the APEN requirements for reporting air monitoring, and deferred to Joe Miller to further clarify air modeling. la Joe Miller, Mountain Air Consulting, explained the air modeling results indicate the facility will be in compliance with the Ambient Air Quality Standards, and confirmed the results included noise from sources surrounding the proposed site. He further clarified the results were substantially below the Colorado Department of Public Health and Environment (CDPHE) requirements, and in response to Commissioner James, Mr. Miller explained leak detection and repair reporting is required by the CDPHE once a year, and emissions reporting is required every five (5) years. EI In response to Commissioner Conway, Mr. Bryant indicated his team would discuss an alternative haul route, as well as conducting a noise report after one year and confirmed they will be doing continuous noise monitoring once operational. In response to Commissioner Moreno, Mr. Bryant clarified a 20 -foot, noise attenuating wall will surround the facility and a chain link fence with barbed wire will go around the perimeter of the parcel. In response to Commissioner James, Mr. Bryant indicated the information reported to the CDPHE is public record. In response to Commissioner Conway's request for a copy to be sent to the Commissioners, Mr. Bryant requested clarification of which report the Commissioners wanted to see, and Commissioner Freeman explained the Board is notified of facilities which are out of compliance. Chair Kirkmeyer suggested Mr. Bryant and his team use the recess to discuss several prompted questions. IP Chair Kirkmeyer recessed the hearing until 1:15 p.m. ID The hearing reconvened at 1:21 p.m. El Mr. Bryant addressed the haul route question and stated they would be willing to use a different route, as long as the route is safe with regard to turning radii and overhead powerlines. He stated they believe the proposal is consistent with the A (Agricultural) Zone District because the facility will meet the noise level of the Residential and Agricultural Zone, and 60 acres of the 80 -acre parcel will remain unused grassland. With regard to future and existing land uses, he explained the use of the parcel will remain the same and allow for expansion of the facility. In response to Commissioner Conway, Mr. Bryant clarified the 60 acres is dryland, and in response to Commissioner James, he explained the difference between a compressor station and a condensate separator facility, and indicated the use of the proposed facility falls into the Light Industrial category. Mr. Bryant stated their goal is to flare as little as possible, but it is necessary for the maintenance of the equipment, and indicated they intend to notify neighbors of planned maintenance flaring events. He mentioned there will be more flaring at the initial startup of the facility, until they get it the facility operating efficiently. In response to Chair Kirkmeyer, Mr. Bryant 2019-2414 PL2291 HEARING CERTIFICATION -AKA ENERGY GROUP, LLC (1MJUSR19-14-0035) PAGE 4 stated the scheduled maintenance will take place during daytime hours and could take from a few hours to a couple of days, and he deferred the question about noise related to flaring, to Mr. Truitt. F Mr. Truitt explained, unlike the other equipment at the facility, the equipment that produces the flare does not come with manufacturer noise information, and because flaring is intermittent, it is hard to determine the dBA associated with it, but he estimated the noise of flaring will be between 50-55 dBA. In response to Commissioner Conway, Mr. Truitt clarified the 20 -foot wall will not help mitigate the sound of flaring, as the flare is 125 feet high. In response to Chair Kirkmeyer, Mr. Bryant clarified what it means to shield during normal operations and deferred the question on how they will shield to Randal Askey, Senior Process Engineer with Aka Energy. Mr. Askey described the two (2) ways to shield the flare, confirmed it is a visual mitigation which will not really help with the noise associated with flaring. In response to the question about a noise compliance report, Mr. Bryant indicated they plan to do an ambient noise study prior to construction, to have a baseline of the noise in the area. He stated they would also do an "as -built" noise study post -construction and a compliance noise report one (1) year after the facility is in operation. F In response to Chair Kirkmeyer, Mr. Frissell stated noise is not reported to the CDPHE, and is only a Weld County Standard, and Mr. Gathman confirmed noise complaints can be submitted to the Department of Planning Services. In response to Chair Kirkmeyer, Mr. Bryant explained the SPOs stated they prefer a fence, versus trees, to which she replied they will need the landscaping to be compatible with surrounding, existing land uses, and she requested a Landscaping Plan. In response to Commissioner James, Mr. Gathman explained the Department of Planning Services considers the measure of impact to surrounding properties to determine compatibility. In response to Commissioner Conway, Mr. Bryant confirmed they were initially going to use trees for visual mitigation, but agreed to a fence at the request of the neighbors. In response to Chair Kirkmeyer, Mr. Pinkham confirmed there is only one (1) access to the site. F After much discussion about compatibility, the Board agreed to move forward with review of the Conditions of Approval and Development Standards. The Board discussed adding language to COA #1.A (Road Maintenance Agreement) to specify the preferred haul route. In response to Commissioner Conway, Mr. Askey estimated there will be 15-20 large equipment roundtrips over a six (6) week period, and after input from Mr. Askey and staff, the Board agreed the applicant should work with PW to determine the appropriate haul route based on the equipment being hauled. Chair Kirkmeyer suggested adding the Dark Sky Policy to COA #1.D (Lighting Plan), adding language about communicating planned and post -emergent flare events to COA #1.F (Communications Plan), and amending COA #1.G to read, "A Screening and Landscaping Plan, to mitigate visual impacts of the facility, shall be submitted to the Department of Planning Services for review and approval. A Landscape Irrigation and Maintenance Plan shall be provided." She suggested deleting "lor" in COA #1.H.5 (map delineation of landscaping and screening), and deleting the "s" in "locations" in COA #1.H.11 (show and label approved access location). Chair Kirkmeyer suggested deleting "limited", and adding "up to", to DS #4 (number of on -site employees), and Mr. Frissell suggested adding a new DS #27 to address the three (3) requested noise reports: an ambient baseline, a post -construction report, and a compliance report after one year in operation. In response to Chair Kirkmeyer, Mr. Frissell confirmed the allowance of portable toilets during operation, and Mr. Gathman provided language for a new DS #6 (flare shielding). In response to Commissioner Moreno, Mr. Bryant confirmed planned flaring is done during the day, 2019-2414 PL2291 HEARING CERTIFICATION - AKA ENERGY GROUP, LLC (1MJUSR19-14-0035) PAGE 5 and in response to Commissioner Conway, he confirmed Aka Energy will send out communications to SPOs about post -emergent flare events. F In response to Chair Kirkmeyer, Mr. Bryant indicated he had reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as amended. F Dr. Kisker expressed his frustration that the continuous monitoring data will not be used for compliance, and suggested Aka Energy should purchase a piece of equipment that will gather the data, store it, and make the information digitally accessible by the public. In response to Commissioner Conway about DS #27, Dr. Kisker stated having a baseline noise study is good, but the DS does not assure compliance during emergency flares, and suggested continuous monitoring at the compliance points. F In response to Chair Kirkmeyer, Mr. Bryant stated they cannot put continuous noise monitors at the compliance points because the points are outside of their property line, after which, there was extensive discussion between the Board and Mr. Truitt about noise monitoring, the units to measure sound, and the ratios related to sound measurement distance. Mr. Truitt reiterated, per code, they cannot monitor noise outside of their property line. F Commissioner Freeman moved to approve the request of Aka Energy Group, LLC, for a Major Amendment, 1MJUSR19-14-0035, to a Site Specific Development Plan and Use by Special Review Permit, USR14-0035, (natural gas and condensate separator facility and compressor facility) to expand the boundaries and to add an Amine System to treat gas and a Cryogenic Processing Plant including a 125 -foot Flare in the A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards, as amended. The motion was seconded by Commissioner Moreno. Commissioners Freeman, Moreno, and Conway expressed their appreciation of the applicant's willingness to work with the neighbors and the public input provided. Commissioner James cited Weld County Code Section 22-2-20 and stated he does not believe the use is true to the intent of the A (Agricultural) Zone District, however, he will support the application. Chair Kirkmeyer agreed. There being no further discussion, the motion carried unanimously, and the hearing was completed at 3:07 p.m. 2019-2414 PL2291 HEARING CERTIFICATION - AKA ENERGY GROUP, LLC (1MJUSR19-14-0035) PAGE 6 This Certification was approved on the 8th day of July, 2019. BOARD OF COUNTY COMMISSIONERS WAD COUNTY, CO ORADO ATTEST: di:M*4iu• ;ti Weld County Clerk to the Board BY: /17 eputy Clerk to the Board APPROVED AS T County A ttorney rbara Kirkmeyer, h Mike Freema Date of signature: ©'6707/9 J r Nay Steve Moreno 2019-2414 PL2291 ATTEND NCE LIST f�1IQb2.019 in Am NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL I " COUNTY OF RESIDENCE - 1• SPEAKING (Y/N)? 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