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HomeMy WebLinkAbout20142299.tiff HEARING CERTIFICATION DOCKET NO. 2014-53.B RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR14-0024, FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY (UNMANNED COMPRESSOR STATION FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT—TERRY WIEDEMAN, CIO AKA ENERGY GROUP, LLC A public hearing was conducted on August 13, 2014, at 10:00 a.m., with the following present: Commissioner Douglas Rademacher, Chair Commissioner Barbara Kirkmeyer, Pro-Tem Commissioner Sean P. Conway Commissioner Mike Freeman Commissioner William F. Garcia Also present: Acting Clerk to the Board, Susan Brown Assistant County Attorney, Brad Yatabe Planning Department representative, Chris Gathman Public Works representative, Jennifer Petrik Health Department representative, Lauren Light The following business was transacted: e I hereby certify that pursuant to a notice dated June 27, 2014, and duly published July 2, 2014, in the Greeley Tribune, a public hearing was conducted August 6, 2014 to consider the request of Terry Wiedeman, do Aka Energy Group, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR14-0024, at which time the Board of County Commissioners deemed it advisable to continue the matter to August 13, 2014, to allow them to finalize some access easement issues on a pending Recorded Exemption (RE) which will allow the USR to be contained to a single lot of the RE, versus the entire parcel as it currently exists. I hereby further certify that pursuant to the above mentioned notice and continuance, a public hearing was conducted on August 13, 2014, to consider USR14-0024, for an Oil and Gas Support and Service Facility (unmanned compressor station facility) in the A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made this a matter of record. El Chris Gathman, 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. He corrected the location; the site is actually 1,500 feet south of CR 42 versus CR 40, essentially in the middle of cropland. The case was continued last week due to a pending Recorded Exemption of 3.3 acres for the compressor station. He said the plat was submitted this morning with a private access easement agreement off of CR 42. Mr. Gathman said 3-4 half ton or one ton pickups will access the site daily. The correct legal description will be Lot C of Recorded Exemption RECX14-0029. He said no concerns were received from surrounding property owners; the site is proximate to Gilcrest, Platteville and Milliken, and showed images of the site. CC; en(By)P4_ cr,,� C>) Itf-0 2014-2299 �/b PL2281 HEARING CERTIFICATION -TERRY WIEDEMAN CIO AKA ENERGY GROUP, LLC (USR14-0024) PAGE 2 la Jennifer Petrik, Department of Public Works, provided a brief overview of the transportation plans and requirements; this is an unmanned facility. A road maintenance agreement is required and she recommended one change. El Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions. This is an unmanned facility, so portable toilets are fine. An air emissions permit may be required. They will have a Spill Control Prevention and Counter Measure Plan. There is a typo in Condition of Approval #6.A; it should read, "Within six months of operation." Development Standard #7 addresses the noise levels and Development Standards #3-13 address environmental items consistent with compressor stations. IFfl Gregg Wurtz, AKA Energy, gave an overview of the project. The project will start with three (3) compressors which will receive natural gas from local wells via pipeline; after compression it will be piped downstream to a processing facility. He confirmed the pipelines are in place. la No public testimony was offered concerning this matter. El Commissioner Kirkmeyer stated that she lives close to a Compressor station and believes it is well above the 50/55 decibel levels allowed. Mr. Wurtz said the County has a noise ordinance and they have hired a expert company called Noise Solutions, and are spending $400,000 per enclosure to be ensured they will be below the limits. He said the design they are using incorporates the noise control into the design, rather than try to mitigate noise after the fact. Commissioner Kirkmeyer said she gets calls on different compressor sites throughout the County, and she noted that the one near her house is also enclosed. There are areas of the County that are industrializing, and the Board needs to ensure that everyone is a good neighbor. Ms. Petrik stated that they are doing standard road maintenance agreements and suggested the language in Condition of Approval #1.A referring to the 'construction phase' should be struck. In response to Commissioner Kirkmeyer, she noted if there is no impact then there should be no issues, and explained this change is in response to recent issues with other facilities. Commissioner Kirkmeyer asked what other impacts a compressor site would have, and noted that perhaps during "any construction phase" would be better language. This was done by assent of the Board. e Ms. Light clarified that Condition of Approval #6 should be within six months "of' operations instead of "prior to." This was done by assent of the Board. Chair Rademacher referred to Condition of Approval #5.D stating, "a Special Transport Permit is required"; this is covered by state statute and so should be struck as unnecessary. Commissioner Kirkmeyer said anyone hauling should know they need a permit. Chair Rademacher said that Weld is more lenient with these permits than the state. This was struck by assent of the Board. Commissioner Kirkmeyer asked for the deletion of Development Standard #21 (referring to building requirements) —as unnecessary; done by assent of the Board. 2014-2299 PL2281 HEARING CERTIFICATION -TERRY WIEDEMAN CIO AKA ENERGY GROUP, LLC (USR14-OO24) PAGE 3 IE In response to Chair Rademacher, Mr. Wurtz, AKA Energy Group, LLC, indicated he has reviewed, and agrees to abide by, the Conditions of Approval and Development Standards, as amended. El Commissioner Kirkmeyer moved to approve the request of Terry Wiedeman, do Aka Energy Group, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR14-0024, for an Oil and Gas Support and Service Facility (unmanned compressor station facility) 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 and entered into the record. The motion was seconded by Commissioner Conway, and it carried unanimously. There being no further discussion, the hearing was completed at 10:27 a.m. This Certification was approved on the 18th day of August, 2014. BOARD OF COUNTY COMMISSIONERS ,I\V\ELD COU COLORADO ATTEST: Slat) V p.� c��nc OCOHne�-tJ Dougla9 Radema her, Chair Weld County Clerk to the Board 1 � �°��`�` arbar�E er, ro-T m f E ...... Dep t►�Clerk to eBo �' ( : _ .� �-can P. Conway Iv* mai ..nara,„____ Ci— ®utlet Mike Freem Fr William F. 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