HomeMy WebLinkAbout20192403.tiffEXHIBIT
BEFORE THE WELD COUNTY. COLORADO. PLANNING COMMISSION
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RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Sparrow, 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.
APPLICANT
PLANNER
REQUEST
LEGAL DESCRIPTION.
LOCATION
1 MJUSR19-14-0035
AKA ENERGY GROUP LLC
CHRIS GATHMAN
A MAJOR AMENDMENT TO A SITE SPECIFIC DEVELOPMENT PLAN AND USE
BY SPECIAL REVIEW PERMIT NO. USR14-0035 (NATURAL GAS &
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.
W2SW4 SECTION 31. T4N. R65W OF THE 6TH P.M.. WELD COUNTY.
COLORADO.
NORTH OF AND ADJACENT TO CR 38. 1 MILE EAST OF CR 35.
be recommended favorably to the Board of County Commissioners for the following reasons:
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 22-2-20. G.2. A. Policy 7.2 states Conversion of agricultural land to nonurban
residential. commercial and industrial uses should be accommodated when the subject
site is in an area that can support such development. and should attempt to be
compatible with the region.
The proposed use is in an area that can support this development and the existing screening,
the Development Standards. and the Conditions of Approval (including a screening plan.
maximum noise limits. communications plan. lighting plan and emergency action and safety
plan) will assist in mitigating the impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses and the region.
Section 22-2-20.1.5 (A Policy 9.5) states "Applications for a change of land use in the
agricultural areas should be reviewed in accordance with all potential impacts to surrounding
properties and referral agencies. Encourage applicants to communicate with those affected
by the proposed land use change through the referral process.;
The applicant has conducted three meetings with property owners in the area to
discuss/address potential impacts associated with the proposed expansion. The applicant
has proposed mitigations (such as installing a wall) based on feedback received during these
meetings.
Section 22-5-100.A (OG.Goal 1) states "Promote the reasonable and orderly exploration and
development of oil and gas mineral resources."
The applicant is proposing an installation of a wall to mitigate visual impacts from the facility
in response to feedback from property owners in the area. The proposed facility is located
approximately 1.000 feet from the nearest residence in the area.
RESOLUTION 1MJUSR19-14-0035
AKA ENERGY GROUP LLC
PAGE 2
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 allows oil and gas support
facilities (Natural Gas & Condensate Separator facility and Compressor facility) as a Use by
Special Review in the A (Agricultural) Zone District.
Section 23-3-10 — Intent states: "The A (Agricultural) Zone District is also intended to provide
areas for the conduct of uses by Special Review which have been determined to be more
intense or to have a potentially greater impact than uses Allowed by Right."
The proposed use is in an area that can support this development (it is located approximately
1.000 feet from the nearest residence) and the Development Standards; and the Conditions
of Approval (including requirements for landscaping and screening. lighting. communication
plan and noise abatement) will assist in mitigating the impacts of the facility on the adjacent
properties and ensure compatibility with surrounding land uses and the region.
Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The nearest residence is located approximately 1,000 feet to the southwest of the site.
USR18-0019 (Latham) and 4MUSR16-83-542 (Mewbourn) are located approximately 1 mile
to the west. AMUSR-355 (Compressor Station) is located approximately 0.25 mile to
northwest.
The applicant has had meetings three (3) meetings (two in March and one in May) with the
surrounding property owners. Notice to surrounding property owners within 1 mile were
mailed. Based on feedback received during the neighborhood meetings — the applicant is
proposing to utilize a wall to screen the facility.
One surrounding property owner submitted a copy of the compliance advisory issued from
CDPHE. An e-mail was submitted from a surrounding property owner requesting that the
scale of the changes require a USR vs. a Minor Amendment.
The Department of Planning Services has attached a number of conditions of approval
including a screening plan, noise abatement plan, communication plan to address impacts
associated with the facility and ensure compatibility with surrounding property owners.
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 future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.
The site is not located within a three (3) mile referral area of any municipality, nor is it located
within any existing Intergovernmental Agreement Area (IGA) of a municipality.
Section 23-2-220.A.5 -- The application complies with Chapter 23. Articles V and Xl. of the
Weld County Code.
The property is not within the Geologic Hazard Overlay District. a Special Flood Hazard Area
or the Airport Overlay District.
Building Permits issued on the lot will be required to adhere to the fee structure of the
County -Wide Road Impact Fee, the County Facility Fee and Drainage Impact Fee Programs.
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.
RESOLUTION 1MJUSR19-14-0035
AKA ENERGY GROUP LLC
PAGE 3
The proposed facility is located on approximately 80 acres delineated as Other" per the 1979
Soil Conservation Service Important Farmlands of Weld County Map.
Section 23-2-220.A.7 — There is adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
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 can
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 recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. A Road Maintenance Agreement is required at this location. Road maintenance includes. but is
not limited to. dust control and damage repair to specified haul routes. (Department of Public
Works)
B. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Department of Public Works)
The applicant shall address the requirements of the Colorado Department of Public Health and
Environment as stated in their referral dated 2/13/2019. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
A revised lighting plan shall be submitted for review and approval by the Department of
Planning Services. The lighting plan shall address manual control of lighting in sectors.
(Department of Planning Services)
E. The applicant shall provide an updated Noise Abatement Plan. The Noise Abatement Plan shall
include noise modeling for the facility in its buildout condition. (Department of Planning
Services)
A Communications Plan shall be submitted to the Department of Planning Services. The
Communications Plan shall address ongoing communication processes with area property
owners. and by reviewed annually with input from the area property owners. (Department of
Planning Services)
G. A Screening Plan to mitigate visual impacts of the facility shall be submitted to the Department
of Planning Services for review and approval. If landscaping is proposed as part of the
screening plan, a landscape irrigation and maintenance plan shall be provided. (Department of
Planning Services)
H. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled 1MJUSR19-14-0035 (Department of Planning
Services)
2 The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
RESOLUTION 1MJUSR19-14-0035
AKA ENERGY GROUP LLC
PAGE 4
4. The applicant shall delineate on the map the trash collection areas. Section 23-3-350.H
of the Weld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
5. The map shall delineate the landscaping and/or screening. (Department of Planning
Services)
6. The map shall delineate the lighting. (Department of Planning Services)
7. All signs shall be shown on the map and shall adhere to Chapter 23. Article IV. Division 2
and Appendices 23-C. 23-D and 23-E of the Weld County Code. (Department of Planning
Services)
8. The map shall delineate the parking area for the vendors, customers and/or employees.
(Department of Planning Services)
9. County Road 38 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate and label on the site map or plat the future and existing
right-of-way (along with the documents creating the existing right-of-way) and the
physical location of the road. All setbacks shall be measured from the edge of right-of-
way. This road is maintained by Weld County. (Department of Public Works)
10. County Road 37 Section Line is shown to have 30 feet of unmaintained section line right-
of-way per the Weld County GIS right-of-way map. The applicant shall delineate the
existing right-of-way on the site plan. Show and label the section line Right -of -Way as
"CR 37 Section Line Right -Of -Way. not County maintained.' All setbacks shall be
measured from the edge of right-of-way. (Department of Public Works)
11. Show and label the approved access locations. approved access width and the
appropriate turning radii (60') on the site plan. The applicant must obtain an access
permit in the approved location(s) prior to construction. (Department of Public Works)
12. Show and label the approved tracking control on the site plan. (Department of Public
Works)
13. Show and label the entrance gate if applicable. An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event. shall the distance from the
gate to the edge of the traveled surface be less than 35 feet. (Department of Public
Works)
14. Show and label the accepted drainage features. Stormwater ponds should be labeled as
'Stormwater Detention. No -Build or Storage Area' and shall include the calculated
volume. (Department of Public Works)
15. Show and label the drainage flow arrows. (Department of Public Works)
16. Show and label the parking and traffic circulation flow arrows showing how the traffic
moves around the property. (Department of Public Works)
17. Show and label all recorded easements on the map by book and page number or
reception number and date on the site plan. (Department of Planning Services -
Engineer)
RESOLUTION 1MJUSR19-14-0035
AKA ENERGY GROUP LLC
PAGE 5
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy
(.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon
approval of the map the applicant shall submit a Mylar map along with all other documentation
required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map
and additional requirements shall be submitted within one hundred twenty (120) 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. In accordance with Weld County Code Ordinance #2012-3. approved April 30. 2012. should the plat
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution. a $50.00 recording continuance charge shall be added for each
additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx..dbf..prj) with a
defined coordinate system (i.e.. NAD 1983 UTM Zone 13N, WGS 1984. NAD 1983 HARN StatePlane
Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us.
(Department of Planning Services)
5. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
B. If more than 1 acre is to be disturbed. a Weld County grading permit will be required.
(Department of Planning Services - Engineer)
6. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency
Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility
operator. the Fire District and the Weld County Office of Emergency Management. Submit
evidence of acceptance to the Department of Planning Services. (Department of Planning
Services)
7 Prior to the issuance of the Certificate of Occupancy:
A. An onsite wastewater treatment system is required for the proposed facility and shall be installed
according to the Weld County Onsite Wastewater Treatment System Regulations. The septic
system is required to be designed by a Colorado Registered Professional Engineer according to
the Weld County Onsite Wastewater Treatment System Regulations. (Department of Public
Health and Environment)
8. The Use by Special Review Permit is not perfected until the Conditions of Approval are completed
and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued
on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement.
(Department of Planning Services)
RESOLUTION 1MJUSR19-14-0035
AKA ENERGY GROUP LLC
PAGE 6
Motion seconded by Elijah Hatch.
VOTE:
For Passage
Bruce Johnson
Bruce Sparrow
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
Against Passage Absent
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, Kristine Ranslem, 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 May 21. 2019.
Dated the 215' of May. 2019
Kristine Ranslem
Secretary
RESOLUTION 1MJUSR19-14-0035
AKA ENERGY GROUP LLC
PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
AKA Energy Group, LLC
1 MJUSRI 9-14-0035
An Amended Site Specific Development Plan and Use by Special Review Permit. 1 MJUSR19-14-0035 for
an Oil and Gas Support and Service Facility (Natural Gas & 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 high flare in the A (Agricultural) Zone District, 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. The hours of operation are 24 hours a day. seven (7) days a week. Scheduled maintenance events that
include flaring shall occur during daylight hours. (Department of Planning Services)
4. The number of permanent on -site employees is limited to ten (10). (Department of Planning Services)
5. The compressors may be powered by natural gas engines or electric motors. (Department of Planning
Services)
6. The parking area on the site shall be maintained. (Department of Planning Services)
7. All signs shall adhere to Chapter 23. Article IV. Division 2 and Appendices 23-C. 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
8. The screening on the site shall be maintained, in accordance with the approved landscaping/Screening
Plan. (Department of Planning Services)
9. The applicant or operator shall comply with the approved Decommissioning Plan. (Department of Planning
Services)
10. The applicant or operator shall comply with the approved Noise Mitigation Plan. (Department of Planning
Services)
11. The applicant or operator shall comply with the approved Lighting Plan. (Department of Planning Services)
12. The applicant or operator shall comply with the approved Communications Plan. (Department of Planning
Services)
13. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15"' of any given year signed by representatives for the Fire District and
the Weld County Office of Emergency Management to the Department of Planning Services. (Department
of Planning Services)
14. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 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)
15. 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, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
16. Waste materials shall be handled. stored. and disposed in a manner that controls fugitive dust. blowing
debris. and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14.
RESOLUTION 1MJUSR19-14-0035
AKA ENERGY GROUP LLC
PAGE 8
Article 1 of the Weld County Code. (Department of Public Health and Environment)
17. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the
Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment)
18. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application
and obtain a permit from the Air Pollution Control Division, Colorado Department of Public Health and
Environment, as applicable. (Department of Public Health and Environment)
19. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the
facility. at all times. As employees or contractors are on site for less than 2 consecutive hours a day
portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for
portable toilets shall be retained on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers. Portable toilets shall be screened from existing adjacent
residential properties. (Department of Public Health and Environment)
20. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to On -site Wastewater Treatment Systems. A permanent. adequate water supply shall be
provided for drinking and sanitary purposes. (Department of Public Health and Environment)
21. All potentially hazardous chemicals on -site must be handled in a safe manner in accordance with product
labeling. All chemicals must be stored secure, on an impervious surface. and in accordance with
manufacturer's recommendations. (Department of Public Health and Environment)
22. Secondary containment shall be constructed around tanks to provide containment for the largest single
tank and sufficient freeboard to contain precipitation. Secondary containment shall be sufficiently
impervious to contain any spilled or released material. Secondary containment devices shall be inspected
at regular intervals and maintained in good condition. All secondary containment will comply with the
Colorado Oil and Gas Conservation (COGCC) Commission Rules and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations. (Department of Public Health and
Environment)
23. As applicable. a Spill Prevention. Control and Countermeasure Plan. prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be available. (Department of Public Health and
Environment)
24. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does
not occur. (Department of Public Health and Environment)
25. Any contaminated soils on the facility shall be removed, treated or disposed of in accordance with all
applicable rules and regulations. All spills will be reported to local. state and federal agencies in
accordance with all state and federal regulations. (Department of Public Health and Environment)
26. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as
delineated in 25-12-103 C.R.S. (Department of Public Health and Environment)
27. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPHE). Water Quality Control Division. as applicable.
(Department of Public Health and Environment)
28. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
29. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-
compliance of a State issued permit, and of the outcome or disposition of any such compliance advisory or
other notice of non-compliance. (Department of Public Health and Environment)
RESOLUTION 1MJUSR19-14-0035
AKA ENERGY GROUP LLC
PAGE 9
30. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code. (Department of Public Health and Environment)
31. The property owner or operator shall be responsible for controlling noxious weeds on the site. pursuant to
Chapter 15. Article I and II. of the Weld County Code. (Department of Public Works)
32. The access to the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Department of Public Works)
33. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
34. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an
approved Right -of -Way Use Permit prior to commencement. (Department of Public Works)
35. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Public Works)
36. The Road Maintenance Agreement for this site may be reviewed on an annual basis. including a site visit
and possible updates. (Department of Public Works)
37. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
38. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
39. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent
properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent
properties in accordance with the map. Neither the direct. nor reflected. light from any light source may
create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be
used which may be confused withor construed astraffic control devices. (Department of Planning
Services)
40. Building permits may be required. for any new construction or set up manufactured structure. per Section
29-3-10 of the Weld County Code. A building permit application must be completed and submitted.
Buildings and structures shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 2018 International Building
Codes. 2018 International Residential Code; 2006 International Energy Code: 2017 National Electrical
Code: and Chapter 29 of the Weld County Code. A plan review shall be approved. and a permit must be
issued prior to the start of construction. (Department of Building Inspection)
41. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
42. Necessary personnel from the Weld County Departments of Planning Services.. Public Works, and Public
Health and Environment 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 Conditions of Approval and Development
Standards stated herein and all applicable Weld County regulations.
43. The Use by 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.
44. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
RESOLUTION 1MJUSR19-14-0035
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PAGE 10
(Department of Public Health and Environment)
45. The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-
compliance of a State issued permit. and of the outcome or disposition of any such compliance advisory or
other notice of non-compliance. (Department of Public Health and Environment)
46. 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 Public Health and
Environment)
47. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources. including, but not limited to, sand and gravel, oil, natural gas, and coal.
Under title 34 of the Colorado Revised Statutes. minerals are vital resources because (a) the states
commercial mineral deposits are essential to the states economy: (b) the populous counties of the state
face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational
plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology
and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development. Often times. mineral resource sites
are fixed to their geographical and geophysical locations. Moreover. these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource.
48. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in
the United States. typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks. including conflicts with long-standing agricultural practices and a lower level of services than
in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural
areas. open views, spaciousness, wildlife, lack of city noise and congestion. and the rural atmosphere
and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts. including noise from tractors and equipment: slow -moving farm vehicles on
rural roads: dust from animal pens, field work, harvest and gravel roads: odor from animal confinement.
silage and manure; smoke from ditch burning: flies and mosquitoes: hunting and trapping activities:
shooting sports. legal hazing of nuisance wildlife: and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-102. C.R.S.. provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been. and continues to be, the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the County, property owners and residents must realize they cannot take water from irrigation
ditches, lakes. or other structures. unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3.700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County.
and the distances which must be traveled may delay all emergency responses. including law enforcement,
RESOLUTION 1MJUSR19-14-0035
AKA ENERGY GROUP LLC
PAGE 11
ambulance. and fire. Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not
provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in
rural areas. in many cases,. will not be equivalent to municipal services. Rural dwellers must. by
necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment. ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic; sandburs, puncture vines, territorial farm dogs and livestock, and open
burning present real threats. Controlling children's activities is important. not only for their safety. but also
for the protection of the farmer's livelihood.
EXHIBIT
5/2112019
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. May 21. 2019
ltvOl tck- 14- 0335
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room. 1150 O Street, Greeley. Colorado. This meeting was called to order by Chair.
Michael Wailes at 12:30 pm.
Roll Call
Present: Michael Wailes, Bruce Sparrow. Bruce Johnson. Gene Stille, Tom Cope. Lonnie Ford. Richard
Beck, Elijah Hatch. Skip Holland.
Also Present: Chris Gathman. Angela Snyder, and Tom Parko, Department of Planning Services: Lauren
Light and Ben Frissell. Department of Health: Evan Pinkham. Hayley Balzano and Mike McRoberts. Public
Works: Bob Choate. County Attorney. and Kris Ranslem. Secretary.
CASE NUMBER:
APPLICANT
PLANNER
REQUEST
LEGAL DESCRIPTION
LOCATION
1MJUSR19-14-0035
AKA ENERGY GROUP LLC
CHRIS GATHMAN
A MAJOR AMENDMENT TO A SITE SPECIFIC DEVELOPMENT PLAN AND USE
BY SPECIAL REVIEW PERMIT NO. USR14-0035 (NATURAL GAS &
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.
W2SW4 SECTION 31 T4N. R65W OF THE 6TH P.M.. WELD COUNTY.
COLORADO.
NORTH OF AND ADJACENT TO CR 38 1 MILE EAST OF CR 35.
Chris Gathman, Planning Services. presented Case 1MJUSR19-14-0035. reading the recommendation
and comments into the record. Mr. Gathman noted a compliance advisory was issued to the site from
Colorado Department of Public Health and Environment (CDPHE) in 2018 for operating a condensate
stabilizer tower and subsequent shut down events without obtaining an Air Pollution Emission Notice
(APEN) from June 2015 to August 2018. The condensate stabilizer tower was approved under the original
USR (USR14-0035) and the compliance advisory also alleged that the applicant did not reasonably apply
available control technology to control emissions from the facility until start-up of an enclosed flare in July
of 2018. The applicant did reach a settlement agreement with CDPHE in January 2019. The settlement
agreement states that it does not constitute an admission of violation of air quality laws.
The applicants have hosted three meetings with the community and as a result the applicant is looking to
install a wall to screen the facility. The Department of Planning Services recommends approval of this
application with the attached conditions of approval and development standards.
Evan Pinkham. Public Works. reported on the existing traffic, access to the site and drainage conditions for
the site. A Road Maintenance Agreement will be required for this case.
Ben Frissell. Environmental Health, reviewed the public water and sanitary sewer requirements. on -site
dust control, and the Waste Handling Plan.
Mr. Gathman noted that when the original USR was approved in 2014 the following note was not included
"The applicant shall notify the County upon receipt of any compliance advisory or other notice of non-
compliance of a State issued permit. and of the outcome or disposition of any such compliance advisory or
other notice of non-compliance". He added that Staff has included this in Development Standard 44.
The Chair asked Mr. Frissell if he had anything to add regarding the compliance advisory. Mr. Frissell said
that as long as they have reached the settlement agreement they have closed out their case. He added
that they can request the documentation from the State and have it on file: however, there are no other
compliance issues at this time that they are aware of.
1
Coy Bryant. Aka Energy. 125 Mercado Street. Durango. Colorado, stated that they received the compliance
advisory regarding emissions on February 7. 2018. As a result. they installed a control device. a combustor.
and placed it into service in July 2018. They have executed an early settlement agreement for the full and
final resolution of the noncompliance issue. Since that time they have made some operational changes
and some pipeline infrastructure changes to reduce emissions to a very small amount.
With the increased oil and gas in the area they will be expanding this facility to include a 60 MMSCFD
cryogenic processing plant. including four (4) inlet compressors, two (2) refrigeration compressors.
cryogenic processing equipment. amine treating equipment. process emergency flare and three (3) residue
compressors. New pipelines will include residue gas and natural gas liquids.
Mr. Bryant stated that they held three (3) community meetings with attendance from various neighbors. As
a result, they modified certain aspects of the development plans. in which they discussed at a follow-up
meeting with the community. There will be a 24 -hour manned control room in a secured building that allows
them to respond in real time. A 20 -foot wall will be installed enclosing the entire facility for additional security
and the 80 -acre parcel will have a 5 -strand barb wire along its perimeter. Additionally. a flare will be utilized
to control pollutants.
A leak detection and repair (LDAR) program is required. A full-time air compliance specialist is to be fully
dedicated to Weld County. As requested. Aka Energy will provide personal LEL or gas monitors to
residences in close proximity to the plant.
Aka Energy will also install continuous sound monitors at strategic locations throughout the plant and
exceedances will alert the control room operators.
Commissioner Holland asked how much H2S gas is produced. Mr. Bryant said that they are required to
deliver no more than 4 ppm and they are under that limit. Mr. Holland asked what the greatest hazard is to
people and animals from this operation. Mr. Bryant said that they do their best through their design process
and operational discipline to manage incidents, but in this case it might be a fire local to the gas plant itself.
He added that the way the process is designed with the safeguards through their control system and
interlocks these events can be controlled.
Commissioner Cope asked if this second phase was proposed. Mr. Bryant said it wasn't proposed but it
may have been contemplated.
Commissioner Wailes asked if the compressors will be natural gas or electric. Mr. Bryant replied that they
will be natural gas compressors.
Andrew Truitt, Behrens and Associates Environmental Noise Control, 9536 East 1-25 Frontage Road,
Longmont, Colorado, stated that with the proposed mitigation efforts that this facility will be compliant with
the development standards per the USR which are the residential limits of C.R.S. He added that the siting
of the equipment was coordinated and correlated against the proposed mechanical equipment layout of the
facility. He said that the residential limits of daytime limits of 55 dba and night time limits of 50 decibels.
Since this facility is proposed to operate 24 hours a day the night time limits of 50 decibels will be the design
limit for the facility for all hours.
Commissioner Ford asked if the noise standards are met during blowdown. Mr. Truitt said that flaring is
not included in this modeling because 9 times out of 10 when they perform these analyses they are trying
to be proactive as possible and design something to be inherently compliant to begin with rather than
retroactively solve the problem. He added that it works very well for steady state operating equipment. He
said the problem with flaring is that the operator may not know what the flaring volumes will be. so it is
difficult to understand what that the inherit resident frequency might be. However. if you want to avoid that
resident frequency you can do so by altering the flow rate of gas through the unit.
Commissioner Ford asked Staff if there is a noise standard for blowdowns. Mr. Frissell said that they are
required to meet the C.R.S and added that there is a section that allows for increased noise for certain
periods of time that can go over the 50 decibels. He clarified that they can go over the stated 50 decibels.
but only for limited time periods and limited decibels.
2
Mr. Bryant said that there will be a 20 -foot wall around the facility to shield the plant equipment from view,
which was a request from the neighbors. He provided visual slides of photo renderings of the facility from
various surrounding viewpoints. All lighting will be downcast and shielded. Mr. Bryant provided a visual
slide of the amount of traffic that will travel to and from the facility.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked Staff if they had any changes. Mr. Gathman noted that in a previous compressor station
facility there was a development standard proposed that gave them the option that compressors may be
powered by natural gas engines or electric motors. He added that this gives them some flexibility.
The Chair asked Staff where to place this language. Mr. Gathman suggested adding "The compressors
may be powered by natural gas engines or electric motors' as a new Development Standard 5 and
renumber accordingly.
Motion: Add a new Development Standard 5, as recommended by Staff. Moved by Gene Stifle. Seconded
by Bruce Johnson. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case 1MJUSR19-14-0035 to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval Moved by Bruce Sparrow. Seconded by Elijah Hatch.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Bruce Johnson. Bruce Sparrow. Elijah Hatch, Gene Stifle. Lonnie Ford. Michael Wailes, Richard Beck.
Skip Holland. Tom Cope.
Meeting adjourned at 8:20 pm.
Respectfully submitted.
-44.016/_Lin,
Kristine Ranslem
Secretary
3
ATTENDANCE RECORD
NAME -PLEASE PRINT LEGIBLY
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