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Home My WebLink About20113334 HEARING CERTIFICATION DOCKET NO. 2011-83 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND SECOND AMENDED USE BY SPECIAL REVIEW PERMIT, USR11-0021 (FKA AMUSR-428), FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING AN OIL AND GAS SUPPORT FACILITY, AND ONE OR MORE MICROWAVE OR OTHER COMMUNICATION TRANSMISSION OR RELAY TOWERS OVER SEVENTY (70) FEET IN HEIGHT - 120-FOOT RADIO TOWER (TO ADD EIGHT (8) ADDITIONAL COMPRESSOR UNITS AS WELL AS TWO (2) SEPARATORS, TWO (2) SLUG CATCHERS, A BACK-UP GENERATOR AND OTHER EQUIPMENT) AT THE EXISTING FREDERICK COMPRESSOR STATION SITE, IN THE A (AGRICULTURAL) ZONE DISTRICT - ANADARKO / KERR-MCGEE GATHERING, LLC A public hearing was conducted on December 21, 2011, at 10:00 a.m., with the following present: Commissioner Barbara Kirkmeyer, Chair Commissioner Sean P. Conway, Pro-Tem Commissioner William F. Garcia Commissioner David E. Long Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Brad Yatabe Planning Department representative, Chris Gathman Health Department representative, Lauren Light Public Works representative, Heidi Hansen The following business was transacted: I hereby certify that pursuant to a notice dated November 18, 2011, and duly published November 23, 2011, in the Fort Lupton Press, a public hearing was conducted to consider the request of Anadarko / Kerr-McGee Gathering, LLC, for a Site Specific Development Plan and Second Amended Use by Special Review Permit, USR11-0021 (fka AmUSR-428), for a Mineral Resource Development Facility, including an Oil and Gas Support Facility, and one or more microwave or other communication transmission or relay towers over seventy (70) feet in height — 120-foot Radio Tower (to add eight (8) additional compressor units as well as two (2) separators, two (2) slug catchers, a back-up generator and other equipment) at the existing Frederick Compressor Station site, in the A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record. Chair Kirkmeyer advised those in attendance that the hearing will be in recess at 11:45 a.m., and reconvene at 1:30 p.m., and the Board will allow testimony from members of the public who cannot return after lunch. Chris Gathman, Department of Planning Services, presented a brief summary of the proposal, entered the favorable recommendation of the Planning Commission into the record as written, and reviewed the uses allowed under the original and amended permits. He stated staff has received numerous letters and e-mail of concern from surrounding property owners. He further c,A1PL,P', \AL 2011-3334 I -la PL1493 HEARING CERTIFICATION -ANADARKO / KERR-MCGEE GATHERING, LLC (USR11-0021) PAGE 2 stated 13 referral agencies reviewed the proposal and seven responded favorably or offered comments which have been addressed in the Conditions of Approval and Development Standards. Mr. Gathman stated the site lies within the three-mile referral area for the City of Dacono, which indicated no conflict with its interests, and the City of Fort Lupton and Town of Frederick did not reply. He requested the insertion of a new Condition of Approval #8 to state, "The applicant shall submit a Noise Abatement Plan for review by the Department of Planning Services. The Noise Abatement Plan shall be approved prior to recording the plat." and renumber accordingly. He also proposed modifying Condition of Approval #9 to increase the plat recording deadline from 30 days to 60 days. He stated the concerns of the Fort Lupton Fire Protection District are addressed in Condition of Approval #4, the site will be enclosed with a chain link fence, and there will be no outside storage of materials. He also displayed a site map and photographs of the site and surrounding properties. Chair Kirkmeyer asked for testimony from members of the public who would not be able to return after the lunch break. Steve Reynolds, surrounding property owner to the west, stated the applicant did not ensure the sign remained posted and indicated the excessive noise is contrary to the health and enjoyment of the area residents, as well as the well-being of livestock. Mr. Reynolds stated he was aware of the existing compressor when he moved to his property two years ago; however, he is opposed to increasing the noise levels and he indicated he has had no contact with the applicant. Lori Harrison, surrounding property owner directly across the street, stated she purchased her property 17 years ago, prior to approval of the compressor facility. She stated the noise stresses her livestock, she has been unsuccessful at selling her property, the assessed value has decreased, and the applicant took approximately one year to complete the previously approved amendments. Responding to Commissioner Conway, Mr. Gathman clarified the site is currently permitted for four (4) compressors; however, the applicant only constructed one and then amended the permit to place the communications tower. Arlen Siert, surrounding property owner south of the facility, referred to the tank battery fire that took place on the property and questioned what safeguards are in place to prevent a repeat occurrence. Mr. Siert also expressed concern with noise levels in excess of the existing code requirements and bright lights which should be shaded, and asserted the applicant should be in compliance before granting additional uses. In response to Commissioner Conway, Mr. Siert stated he just recently learned of this hearing, and indicated the location of his property. Wade Cooper, surrounding property owner three-quarters of a mile to the south, stated they purchased their property prior to the existence of the compressor facility, and although one of the compressors is in an enclosed structure, the other equipment does generate a lot of noise. Mr. Cooper expressed concern with safety hazards such as fires and explosions, and stated an expanded use will further degrade the quality of life and property values for area residents. He indicated there are twelve existing residences in the vicinity, with twelve additional lots slated for residential development. He stated there is only one commercial shop in the area and almost all of the residents are opposed to the proposed expansion due to noise and safety concerns. He further stated this facility falls under the jurisdiction of the Colorado Oil and Gas 2011-3334 PL1493 HEARING CERTIFICATION -ANADARKO/ KERR-MCGEE GATHERING, LLC (USR11-0021) PAGE 3 Conservation Commission (COGCC), an expansion will result in non-compliance for noise levels, and he submitted a copy of his written comments, marked Exhibit I. Dawn Brunetti, surrounding property owner to the east, expressed concerns with noise and safety hazards, and explained she was there the day the well exploded which resulted in severe injuries to those within the vicinity. She stated the current screening is not adequate, the existing facility is resulting in decreased property values, and the applicant should not be allowed to improve their property at the expense of the neighbors. Sherry Been, surrounding property owner, stated the facility is not in compliance with industry standards, the applicant has done nothing to screen the view or shield the lights, and the facility has diminished surrounding property values and the quality of life for area residents. Lynn Johns, surrounding property owner, stated they purchased their property in 1994, and began construction of their home in 1996. He stated, since 2002, they have observed an increase in dust and mud on the roads, as well as noise and vibrations which hinders their sleep. Mr. Johns urged the Board to require mitigation of the existing conditions before allowing any expansion. Dolf Veit, surrounding property owner, expressed concern with the noise levels and agreed the facility should be brought up to standard before making any changes. In response to Commissioner Conway, by a show of hands, the members in the audience indicated they have not been contacted by the applicant to attempt to address their concerns prior to this hearing. Mr. Johns indicated he was contacted several years ago following his contact to the media regarding the fire. Chair Kirkmeyer requested copies of the Conditions of Approval and Development Standards from the original and amended permits and clarified, for the benefit of the public, that the applicant is subject to the standards in place at the time of approval, not necessarily the current code regulations. She recessed the matter until 1:30 p.m. Upon reconvening, Mr. Gathman submitted the requested Resolution copies, marked Exhibits J and K, and an e-mail from Margaret Ash, COGCC, marked Exhibit M, documenting a noise complaint and the weather conditions needed to obtain an accurate sound reading. Heidi Hansen, Department of Public Works, stated the site is accessed from County Road 19, which is designated as an arterial roadway requiring 140 feet of right-of-way at full buildout, and the average daily traffic count, taken in July, 2009, was approximately 460 vehicles. She stated, following construction, the site will generate minimal traffic using one semi-truck per day to remove oil, and the applicant did provide a water quality feature. Lauren Light, Department of Public Health and Environment, stated the facility is permitted for a commercial water well, she reviewed the proposed dust control measures and waste handling plan, and stated the noise levels are regulated by the COGCC. She stated the new compressors will be in buildings; however, the older compressors have large motors and cause a lot of noise. Ms. Light stated, at the Planning Commission hearing, the applicant indicated they plan to take one of the old compressors offline once the new equipment is in place. She 2011-3334 PL1493 HEARING CERTIFICATION -ANADARKO / KERR-MCGEE GATHERING, LLC (USR11-0021) PAGE 4 stated Development Standards #11 and #12 require compliance with the State and COGCC noise statutes and regulations, and she indicated most sites with the newer compressor equipment are able to maintain compliance. Vince Harris, Baseline Corporation, represented the applicant and displayed a PowerPoint presentation, marked Exhibit G. He reviewed the proposed site layout and confirmed they will only operate one Cooper compressor at a time to help alleviate noise. In response to Chair Kirkmeyer, Mr. Harris stated the two compressors furthest south on the property are part of this application; however, they were permitted under a prior USR and purchased with the property. He stated the applicant's goal is to never exceed 50 to 55 decibels, and he reviewed the existing equipment on the site, showed before and after pictures of the enclosed units, plans for noise mitigation, and what activities will take place in 2012, if approved. Mr. Harris reviewed slides of the predicted sound levels, steps to be taken to reduce noise, how reduced levels will be maintained, and additional mitigation measures that will be taken, if necessary. Mr. Harris indicated the locations of surrounding residences and displayed a timeline of work done since 2002, and anticipated dates for compliance with noise regulations. He stated the company will maintain a list of interested parties and keep them apprised of the facility's progress. In response to Commissioner Rademacher, Mr. Harris stated the Cooper compressors are now enclosed and they only run one at a time. He further stated, based on the lack of complaints in the past, they were caught off guard by the amount of public opposition concerning this application; however, they have set up a noise complaint hotline as a result of the testimony from the Planning Commission hearing. Joe Sanchez, Anadarko Petroleum Project Manager, stated he is not aware of any prior complaints made to Anadarko. Chair Kirkmeyer stated she contacted Anadarko on behalf of Mr. Johns to help facilitate communications, and she commented the complaint hotline number is not readily available for the public. In response to Commissioner Conway, Mr. Sanchez stated he did contact the Noise Technology consultants to contain the older equipment in insulated buildings, with the plan to move forward with more efficient and quieter technology. He further stated the applicant is committed to taking the necessary mitigation measures to control the noise levels to 50 decibels, or less. He confirmed the vibrations are from the Cooper compressors and the company is willing to correct the light abatement measures. Responding to Chair Kirkmeyer, Mr. Sanchez stated he is uncertain why the full compliance measures were not taken previously, and Mr. Gathman stated there is no landscaping/screening at the site, nor is a plan included in the file. Mr. Sanchez explained he is responsible for completing the design requirements, such as landscaping, lighting, etcetera, and Tim Bates will be responsible for the on-going management of the site. In response to Commissioner Garcia, Mr. Sanchez stated even if the application is denied, Anadarko will still be required to bring the site into compliance, or be cited with a violation by the COGCC. He further stated the application for the two future compressors is to address the potential to remove/replace the two old Cooper compressors, and he reiterated they are only running one unit at a time to meet State Health requirements to reduce noise and vibrations. In response to Chair Kirkmeyer, Mr. Sanchez stated he personally intends to send letters and return complaint calls to keep the area residents informed of the progress going forward, when noise assessments will be taking place, and what the results are. He reiterated the noise levels have been going down as they continue making improvements to the site, and the Board acknowledged the company did acquire another operator's problems. Commissioner Garcia noted there were only two people who spoke at the Planning Commission hearing and there were issues presented today that were not previously addressed. 2011-3334 PL1493 HEARING CERTIFICATION -ANADARKO / KERR-MCGEE GATHERING, LLC (USR11-0021) PAGE 5 Greg Brand, surrounding property owner, stated the noise was there when he moved in; however, he did not consider filing his complaints. He stated he was boarding his horse on the adjacent property when the fire took place and he is seeking safety measures to ensure it does not happen again. Mr. Brand stated he can feel vibrations in his house and there are certainly noise issues. In response to Commissioner Conway, Mr. Brand stated the applicant's presented plan and response to questions sounds good, but he wants the existing facility in compliance before they are permitted to expand. There being no further comments, Chair Kirkmeyer closed the public testimony portion of the hearing. Commissioner Rademacher stated he is disappointed that senior company representatives were not present to answer questions and he stated it would have been better if the neighbors had complained so the Board could have addressed this matter in a Probable Cause - Show Cause process long before now. In response to Commissioner Garcia, Mr. Sanchez stated the fire incident was prior to Anadarko taking over the property; however, he reviewed the suspected cause of the failure and confirmed Anadarko does extensive training and will install the appropriate equipment to prevent a repeat incident. He further stated the new compression equipment will not add to the noise levels of the existing facility, the design and construction phase will take approximately one month, and steps 1, 2, and 4 of should be complete by mid-year 2012. Chair Kirkmeyer agreed the existing site needs to be in compliance before expanding, and stated she may support the request if the applicant is willing to add screening/landscaping to reduce impacts to surrounding residences and complete items 1, 2, and 4 of the Noise Impact Assessment slide. Mr. Sanchez agreed to add the necessary landscaping, and reiterated the company intends to run the six new compressors, starting in June 2012, and discontinue use of Cooper Units 41 and 42 to achieve full compliance. In response to Chair Kirkmeyer, Mr. Harris stated they are in agreement with inserting a new Condition of Approval #8 for the Noise Abatement Plan and increasing the plat recording requirement to sixty (60) days, as well as all of the remaining Conditions, as proposed. Chair Kirkmeyer called a five minute recess. Upon reconvening, Mr. Harris stated the eleven (11) employees reflected in Development Standard #3 is adequate; they would prefer to retain Development Standard #4 so the public knows the facility is authorized to operate twenty-four hours a day, seven days a week; and they will abide by the Lighting Plan addressed in Development Standard #26. In response to Chair Kirkmeyer, Mr. Barker proposed modifying Development Standard #11 to add, ". . .and the Noise Abatement Plan submitted in response to the Condition set forth above." In response to Mr. Sanchez, Chair Kirkmeyer stated the plan that was submitted today can be modified to address the potential for shutting down the Cooper units, and proposed modifying Condition of Approval #7 and adding a new Development Standard #30 to require posting of the 24-hour complaint hotline number. Mr. Sanchez stated the complaint hotline number is listed on the company signage and the calls are received at the company's central dispatch to address any public issues. The Board also agreed to include a new Development Standard #31 to state, "The landscaping shall be maintained in accordance with the approved Landscaping Plan." Mr. Sanchez stated the company will add landscaping, within reason; however, he stated the site should be visible from the public roadway for security reasons. The Board provided direction to staff that the landscaping should shield the neighbors 2011-3334 PL1493 HEARING CERTIFICATION -ANADARKO/ KERR-MCGEE GATHERING, LLC (USR11-0021) PAGE 6 to the west and south, while taking security and COGCC setback requirements into consideration. Commissioner Long commented the landscaping will only be effective if it is in close proximity to the noise source, and he urged the applicant to submit a landscaping plan and work through the issues with staff. Commissioner Conway and Chair Kirkmeyer also proposed involving the neighbors to the west for ideas as a means of community outreach. Mr. Gathman proposed the addition of Condition of Approval #1.H to state, "The approved Landscaping Plan." Mr. Harris stated he and the applicant have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as proposed and modified. Commissioner Garcia moved to approve the request of Kerr-McGee Gathering, LLC, for a Site Specific Development Plan and Second Amended Use by Special Review Permit, USR11-0021 (fka AmUSR-428), for a Mineral Resource Development Facility, including an Oil and Gas Support Facility, and one or more microwave or other communication transmission or relay towers over seventy (70) feet in height — 120-foot Radio Tower (to add eight (8) additional compressor units as well as two (2) separators, two (2) slug catchers, a back-up generator and other equipment) at the existing Frederick Compressor Station site, 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 entered into the record. His motion included adding Condition of Approval #1.H to state, "The approved Landscaping Plan"; amending Condition of Approval #7 to add, "Said plan shall also address posting of signage with the 24-hour complaint hotline number; inserting a new Condition of Approval #8 to state, "The applicant shall submit a Noise Abatement Plan for review by the Department of Planning Services. The Noise Abatement Plan shall be approved prior to recording the plat"; modifying Condition of Approval #9 to increase the plat recording deadline from thirty (30) days to sixty (60) days; amending Development Standard #11 to add, ". . .and the Noise Abatement Plan submitted in response to the Condition set forth above"; inserting a new Development Standard #30 to state, "The applicant shall post signage advising the public of a 24-hour complaint hotline number'; inserting a new Development Standard #31 to state, "The landscaping shall be maintained in accordance with the approved Landscaping Plan"; and renumbering or relettering as appropriate. The motion was seconded by Commissioner Rademacher. Commissioner Long stated he supports the motion and commended the neighbors for attending, shedding light on the situation, and proposing ideas for improvement. Commissioner Conway concurred with Commissioner Long and stated he hopes some of the mitigation measures address the neighborhood concerns. He urged the applicant to address the lighting issue immediately and to approach the neighbors in an effort to address their concerns before it comes before the Board as a violation. Commissioner Rademacher stated the conditions will not be perfect; however, he has faith that Anadarko/Kerr-McGee will follow through on the requirements. Commissioner Garcia thanked the public for their input, which helps the Board make an informed decision, and he commended Mr. Sanchez for his candid and honest answers which contributed to an improved application and permit. Chair Kirkmeyer agreed she believes Anadarko/Kerr-McGee will perform in accordance with the proposal. There being no further discussion, the motion carried unanimously and the hearing was completed at 3:36 p.m. 2011-3334 PL1493 HEARING CERTIFICATION -ANADARKO / KERR-MCGEE GATHERING, LLC (USR11-0021) PAGE 7 This Certification was approved on the 28th day of December, 2011. BOARD OF COUNTY COMMISSIONERS W LDCOUNTY, C LORADO ATTEST: .�ves.— �.,///[.�a ,1,Cc�l Z- arbara Kirkme r, Chair / Weld County Clerk to the Board P- • Sean P. onway, Pro--Tem BY: ^ 1 / Y Deputy lerk to the Boa 1 IelliiiiiII.� William F. Garcia ,t\ l /. 4\N. EXCUSED DATE OF APPROVAL r David E. Long tutt*I N r /iL r,ssio x'4 •41t , .\-• ougl s Radem cher 2011-3334 PL1493 N. c 3 NJ 04 �G? A `4� % , o 4yCl‘ s a Fcy 4. (N . 0 a w c ai 1` if__ T S\ a \vI) La lil 0 CO H 0 � "• H. 1. 1n N U� N. Q- CN -- S z w 92 - � � di � � 10 -6 c_ mac, it _''� 3 u 3 w O Z LL zz " a, 2 s 4 QSS- v ._ 33 2 i- a gw E w 3 czW � v r— NNr z; h o R Q N �V Z St.` `b i , Ply M I in "n J CC W 1 Cn J W W I- 0 < j m z O 2_ i CO • Q te �. 0 © W Y N e_c o I < Y N I �tj } J Q I I a -- . X 1 , q� �y LL y co co 1- - - - r l, %ttc L 01 vhC z C of W 000 d S '\""JJ. IV- C,( v i M _^ `i✓Q .- r r W `.I `'� N N N C> \1, Z2 Y Y Y Q uj Lu 0 J S n rS' C9 e �1'� i 0 v 2 0 O0 0 GJ. Z EXHIBIT INVENTORY CONTROL SHEET Case USR11-0021 - ANADARKO/KERR-MCGEE GATHERING, LLC Exhibit Submitted By Description A. Planning Staff Inventory of Items Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes dated 12/6/2011) D. Dean and Dorothy Folton E-mail of Concern, dated 12/19/2011 E. Wade Cooper E-mail of Concern, dated 12/19/2011 F. Steve Ceplius E-mail of Opposition, dated 12/20/2011 G. Applicant PowerPoint presentation, dated 12/20/2011 H. Planning Staff BOCC Sign Posting Certificate I. Wade Cooper Notes used for presentation to BOCC J. CTB Staff Copy of 8/6/1980 USR Approval, Resolution #800736 Copy of 9/17/2007 AmUSR Approval, Resolution K. CTB Staff #2007-2705 L. Applicant Mineral Notification M. Margaret Ash, COGCC E-mail of 12/20/2011 re: Noise issues N. O. P. Q. R. S. T. U. V. W. Hello