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HomeMy WebLinkAbout20113010.tiff RESOLUTION RE: ACTION OF BOARD AT INITIAL HEARING CONCERNING RESCINDING USE BY SPECIAL REVIEW PERMIT#1534 - DCP MIDSTREAM, LP WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on October 31, 2007, the Board approved the application of The Larry G. and Florance E. Kammerzell Revocable Trusts,4410 83rd Avenue, Greeley, Colorado 80634, c/o DCP Midstream,fka Duke Energy Field Services, 1324 North 7th Avenue,Greeley, Colorado 80631,for a Site Specific Development Plan and Use by Special Review Permit#1534 for a Mineral Resource Development Facility, including an Oil and Gas Support and Service Facility(gas processing)in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Part of the N1/2 N1/2 SW1/4 of Section 29, Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, the Department of Planning Services notified the applicant of outstanding Conditions of Approval and items to be completed prior to recording the plat, by letters dated November 29, 2010, August 3, 2011, and October 16, 2011, and WHEREAS, on the 21st day of November, 2011, an Initial Hearing was held before the Board to consider granting additional time to meet all of the conditions/requirements of approval and record the plat, or set a Final Determination Hearing to Rescind approval of Use by Special Review Permit#1534 and Deny the application, and WHEREAS, at said hearing, the applicant was represented by Patrick Groom of Witwer, Oldenburg, Barry and Johnson, LLP, 822 7th Street, Suite 760, Greeley, Colorado 80631, and WHEREAS,after hearing all testimony presented,the Board deemed it advisable to dismiss the hearing and refer the matter back to staff to ensure the mylar plat is signed and submitted for recording. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the applicant has demonstrated a willingness and ability to complete the process and record the plat and the matter be, and hereby is, dismissed and referred back to the Department of Planning Services for completion. Cx ; /L ell, DC.P, C„-a L 2011-3010 /3 PL1933 INITIAL HEARING CONCERNING RESCINDING USR#1534 - DCP MIDSTREAM, LP PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of November, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: � r' C / (� `-Lh (11(2/.2 bara Kirkmeyer, Glair Weld County Clerk to the Board 1. 4 eaConway, Pro-Tem BY: mil` ��,., � Deputy Cl-' to the Boar (� a - ' -' tsar {� �� �''� Ia . Garca APPF2OyD AST David E. Long Douglas Rademach Date of signature: I a 7 - I / 2011-3010 PL1933 1861 .2011 MEMORANDUM TO: Weld County Commissioners WEL`�' 0 NTY UDATE: November21, 2011 FROM: Chris Gathman •(i1Aaa SUBJECT: USR-1534 Status Timeline: • Approved by the Board of County Commissioners 10/31/2007. • Late plat notification letter sent 11/29/2010. • Extension request letter dated 12/28/2010. • Extension request letter dated 3/10/2011. • Late plat notification letter sent via certified mail 8/3/2011 • Returned receipt received from Authorized Agent—Patrick Groom and Letter returned from DCP Midstream 8/9/2011 • 2n° late plat notification letter sent via certified mail 9/26/2011 • Letter returned (unclaimed)from Heartland Renewable Energy— 10/19/2011. Returned receipt of letter received from Authorized Agent—Patrick Groom 9/28/2011. • 3rd late plat notification letter sent via certified mail 10/16/2011 • Return Receipt received from Authorized Agent— Patrick Groom - 10/20/2011. • Letter to DCP Midstream returned 10/21/2011. • Draft plat reviewed and remaining conditions of approval addressed 11/17/2011. Remaining Outstanding Conditions of Approval: All conditions of approval have been addressed and the draft plat has been approved by staff.The USR-1534 plat is anticipated to be submitted for recording the week of 11/21/2011 - 11/23/2011. Staff Recommendation: Given that all conditions of approval has addressed and staff is just waiting for the mylar plat to be submitted for recording, staff recommends that this be dismissed. If that is not possible, staff recommends that the case be continued until December 5, 2011 to allow the applicant to submit the plat for recording. Chris Gathman From: Chris Gathman Sent: Tuesday, October 18, 2011 8:18 AM To: 'Patrick Groom' Subject: FW: USR-1534 DCP Midstream Attachments: DEST2352.tif; 20073198-2.tif; 20073192,tif Patrick, si Just a heads up. We were directed to send out our 3r°and final notice letter for the DCP USR for the November 21 hearing. You should be receiving it today. Provided everything is completed before then (which I anticipate) we will cancel the hearing. Sincerely, Chris Gathman Planner Ill Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO.80631 Ph:(970)353-6100 ext. 3537 Fax:(970)304-6498 IE6 }j' , 1+ E :0. c) .ih' � U Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Chris Gathman Sent: Thursday, September 29, 2011 8:55 AM To: 'Patrick Groom' Subject: USR-1534 DCP Midstream Dear Patrick, I am sorry for the delay on this. I was out of Town a couple of weeks ago and when I got back—word had come down that we needed to send out letters/set up hearing dates for all old USRs. The intent of course is that this will be completed and submitting for recording well before this date. I have attached the marked up plat(attachment 2352)—I don't have the e-mail/contact information for the party to send it to—so could you please forward this message: I refer to two updated plat notes(#15 and #16): please replace the old notes with the following notes: 2011-3010 {ii-/933 15 Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2) 16 Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) Also—I noticed that it is not the right-of-way documentation for County Road 27 is noted on the plat— per Public Works— this information should be included. I have heard back from the Health Department—Conditions E, F, G and J have been addressed. After going through the file the only pending conditions that I see are: C, D, H and I. C & I only require a written acknowledgement response. If you have any information regarding these conditions—please forward it. I have attached the resolution of approval under attachment 3192 and the referrals under attachment 3198. Let me know if you have any questions. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue,Greeley CO.80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 •No- 7. w E;EL,„C co J N - .. Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 • 1861 - 2011 DEPARTMENT OF PLANNING SERVICES 1555 N 17th Ave WELDECOUNTY Greeley, CO 80631 cgathman@co.weld.co.us PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 October 16, 2011 DCP Midstream, LP 1324 N. 7th Avenue Greeley, CO 80631 Patrick Groom Witwer, Oldenburg, Barry & Johnson, LLP 822 7th Street, Suite 760 Greeley, CO 80631 Subject: 3r° Letter - Outstanding Conditions of Approval and Items to be Completed Prior to Recording the Plat for Use by Special Review, USR-1534. Dear Applicant: The Planning Department is working through our historical case files in an effort to resolve unrecorded and outstanding land use permits. You are receiving this letter because you have applied for a Use by Special Review (USR) permit with Weld County but have never followed through the steps to complete the process. You should have received two other letters from me in August, 2011 and September, 2011 concerning the same topic. On October 31, 2007, your application for an Use by Special Review was approved by the Weld County Board of County Commissioners with specific Conditions of Approval. At this time the conditions of approval have not been satisfied and a Mylar Plat has not been recorded with Weld County Clerk and Recorder. One of the required Conditions of Approval in the Board of County Commissioners resolution grants the applicants thirty (30) days to submit a Mylar Plat, and provide written evidence that all conditions outlined in the resolution have been completed. Should you choose not to complete the Use by Special Review process and provide the required Mylar Plat, the Department of Planning Services requests written notification of your decision to withdraw the application and that the use is not active on the property. If you are unable to meet the Conditions of Approval and record the plat by November 21, 2011 an initial hearing is scheduled with the Board of County Commissioners. The hearing will take place at the Weld County Administration Building, located at 1150 O Street, at 9:00 am on November 21, 2011. It is strongly encouraged that you attend this hearing. At this hearing the Board of County Commissioners has the authority to grant additional time to meet all the conditions/requirements of approval and record the plat or schedule a final determination hearing to rescind approval of Use by Special Review, USR- 1534 and deny the application. i If you chose to withdraw the application please sign and date the enclosed form and return to the Weld County Department of Planning Services, Attn: Chris Gathman, 1555 N 17th Ave., Greeley, CO 80631. If you have further questions, please contact me at the above address or call (970) 353-6100 x 3540. Sincerely Chris Gathman Planner III • • October 16, 2011 Department of Planning Services Attn: Chris Gathman 1555 N. 17th Ave Greeley, CO 80631 RE: Use by Special Review Application (USR-1534) Dear Mr. Gathman, We wish to withdraw our Use by Special Review Application, Thanks. Please attach documentation that the use is no longer active on the property in question. 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Biretta.,%re* item 4 if Restricted Delivery is desired. / 12-{gent • Print your name and address on the reverse X t( 1„�.,.-ec. ' -4'-0 Addressee so that we can return the card to you. B. Received by(Printed Name) C. Dat of D livery • Attach this card to the back of the mailpiece, or on the front if space permits. Lc-- « /)'A. c� Lvl r id /g> 1/ D v d item 17 Y 1. Article Addressed to: a low: 0 No ?C.L&- -0C1CO vv.� w; t. cr )01"ulL5, $tea OCT 207011 _i\oDNj ALP ,41e ,rpartment �ZZ 71t^ 5L+ 50:r �c�21D° s. �3prredYaar OFFICE �jC'LL�c 1 U�' 3 ` R�t.'ereMed Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7006 0810 0002 6777 3978 (Transfer from service label PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 SENDER: COMPLETE THIS SECTION CnraTLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X /L '�"�^ 0 Agent • Print your name and address on the reverse 0 Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, �7 1 or on the front if space permits. �}�O ee.•.wily, / 1-�t 1. Article Addressed to: L.i}�prtr li ss below:11 0 No / W\A 'tS , 0OliA^ Cy 'B0SC1/4 a SEP 2 8 2011 �o1ewSo1--1 , L-LP Weld County rianneng Department 22 lit. S , Sr.4x. 1o° , ,wicE (jCYL\w co `30(0 ‘ /71i{Coed Mail 0 Express Mall 0 Registered 0 Return Receipt for Merchandise ❑Insured Mall O C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7010 1670 0000 2045 2182 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 Chris Gathman From: Lauren Light Sent: Tuesday, September 06, 2011 11:02 AM To: Chris Gathman Subject: RE: USR-1534 (DCP Midstream) resolution Looks good Lauren Light, M.B.S. Environmental Planner, Environmental Health Services Weld County Department of Public Health & Environment 1555 N. 17th Ave. Greeley, CO 80631 Ilightco.weld.co.us 970-304-6415 Ext. 2211 (office) 970-304-6411 (fax) t« , Z 3 i I Wfl`•0_'COUNT Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Chris Gathman Sent:Tuesday, August 30, 2011 10:08 AM To: Lauren Light; Mary Evett Subject: FW: USR-1534 (DCP Midstream) resolution This is a pending USR. Let me know if this satisfies the Health Department requirements. Char Davis did the original referral—it is the second attachment. Thanks! Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue,Greeley CO.80631 Ph:(970)353-6100 ext. 3537 Fax:(970)304-6498 ii . t W C Q,J N U 1 • Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Patrick Groom fmailto:DoroomOwobjlaw.coml Sent: Tuesday, August 09, 2011 8:31 AM To: Chris Gathman Subject: RE: USR-1534 (DCP Midstream) resolution Chris: Please see the attached submittals. Please let me know if you need any additional information. Thanks. Patrick M. Groom Witwer, Oldenburg, Barry & Johnson LLP 822 7th St., Ste. 760 Greeley, CO 80631 (970) 352-3161 (970) 352-3165 Fax Original Message From: Chris Gathman fmailto:cgathman@co.weld.co.usl Sent: Monday, August 08, 2011 3:25 PM To: Patrick Groom Subject: USR-1534 (DCP Midstream) resolution Patrick, Here is the USR-1534 resolution. I was not able to find anything in the file indicating the listed conditions of approval had been addressed. Send me any evidence that you have that these conditions have been addressed. Once this is addressed—we can record the plat. Let me know if you have any questions. Sincerely, 2 f J • • 1861 - 2011 DEPARTMENT OF PLANNING SERVICES 1555 N 17th Ave WELDECOU TY Greeley, CO 80631 cgathman@co.weld.co.us PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 August 3, 2011 DCP Midstream, LP 1324 N. 7th Avenue Greeley, CO 80631 Patrick Groom Witwer, Oldenburg, Barry & Johnson, LLP 822 7th Street, Suite 760 Greeley, CO 80631 Re: Conditions of Approval; Use by Special Review USR-1534 Dear Applicant: On October 31, 2007, your application for a Use by Special Review was approved by the Weld County Board of County Commissioners with specific Conditions of Approval. At this time the conditions of approval have not been satisfied and a Mylar Plat has not been recorded with Weld County Clerk and Recording. One of the required Conditions of Approval in the resolution grants the applicants Thirty (30) days to submit a Mylar Plat, and provide written evidence that all conditions outlined in the resolution have been completed. Should you choose not to complete the Use by Special Review process and provide the required Mylar Plat, the Department of Planning Services requests written notification of your decision to withdraw the application and that the use is not active on the property. Planning Services Staff is aware of the difficulty and associated delays in meeting the Conditions of Approval normally associated with land use cases, and is willing to work with you in completing your request. Please notify the Department of Planning Services, in writing, within 10 working days of your decision to complete the Use by Special Review within the next 60 days or withdraw the application. If you chose to withdraw the application please sign and date the enclosed form and return to the Weld County Department of Planning Services, Attn: Chris Gathman, 1555 N 17th Ave., Greeley, CO 80631. If you have further questions, please contact me at the above address or call (970) 353-6100 x 3540. Sincerely, hris Gathman Planner Ill August 3, 2011 Department of Planning Services Attn: Chris Gathman 1555 N. 17`h Ave Greeley, CO 80631 RE: Use by Special Review Application (USR-1534) Dear Mr. Gathman, We wish to withdraw our Use by Special Review Application, Thanks. Please attach documentation that the use is no longer active on the property in question. Name date Name date SENDER: COMPLETE THIS SECTION CO64PLFTF 7HIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature Item 4 I Restricted Delivery Is desired. A • -lent • Print your name and address on the reverse X 7yC_ ., ,,, f GzU-L J2_lJ Addressee so that we can return the card to you. B.lRReeceNed by(Pointed Name) Delivery C. Date o • Attach this card to the back of the mailpiece, �� �lri t w y/•Ii I or on the front if space permits. ri D. delivery address different from Item 1? O Yes 1. 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TELEPHONE: (970)352-3161 R.SAM OLDENBURG FACSIMILE: (970)352-3165 JOHN J.BARRY JACQUELINE JOHNSON SENDER'S E-MAIL ADDRESS PATRICK M.GROOM KENT A.NAUGHTON PGR tuCtIN ED March 10, 2011 MAR 1 4 2011 Weld County g Department Chris Gathman GREET_E.Y OFFICE Department of Planning Services 1555 N. 17th Ave. Greeley, CO 80631 Re: Use by Special Review #1534 Dear Chris: I met with Kim Ogle the other day and informed him that DCP Midstream,LP("DCP")has been delayed in completing the plats for USR's #1561 and 1534. Mr. Ogle has agreed to an extension until April 15, 2011, for USR#1561. DCP is hereby requesting an extension until April 15, 2011, in which to submit the USR #1534 plat and address all conditions of approval Thank you for your attention to this matter, and if you have any questions regarding this matter please do not hesitate to contact me. Yours very truly, WITWER, OLDENBURG, BARRY & JOHNSON, LLP / Patrick M. Groo cc: Paul Park Weld County Manning Department GREET.EY OFFICE R2flll WITWER, OLDENBURG, BARRY&JOHNSON, LLP Attorneys at Law R E C S V E D 822 7th Street,Suite 760 Greeley,CO 80631 STOW L.WITWER,JR. TELEPHONE: (970)352-3161 R.SAM OLDENBURG FACSIMILE: (970)352-3165 JOHN J.BARRY JACQUELINE JOHNSON SENDER'S E-MAIL ADDRESS PATRICK M.GROOM PGROOM@WOBJLAW.COM KENT A.NAUGHTON December 28, 2010 Chris Gathman Department of Planning Services I ccS N 17th Aya, Greeley, CO 80631 Re: Use by Special Review #1534 Dear Chris: Thank you for speaking with me today regarding your November 29,2010, letter concerning USR 1534. DCP Midstream,LP("DCP"),is hereby requesting an extension of sixty(60)days from January 7, 2011, in which to submit the USR plat and address all conditions of approval. DCP is confident that it can meet that deadline. Thank you for your attention to this matter, and if you have any questions regarding this matter please do not hesitate to contact me. Yours very truly, WITWER, OLDENBURG, BARRY &JOHNSON, LLP Patrick M. Groom cc: Paul Park • • (it Ile DEPARTMENT OF PLANNING SERVICES WI WWW.CO.WELD.CO.US E-MAIL ADDRESS: cgathmanco.weld.co.us 1555 N. 17th Avenue, Greeley, CO. 80631 Phone: (970) 353-6100 Ext. 3537 COLORADO Fax: (970)304-6498 November 29, 2010 DCP Midstream, LP 1324 N. 7th Avenue Greeley, CO. 80631 Patrick Groom Witwer, Oldenburg, Barry& Johnson 822 —7th Street, Suite 760 Greeley, CO. 80631 Subject: USR-1534 (Part N2N2SW4 of Section 29, T5N, R66W) Dear DCP Midstream LP, Notice is hereby given that the property listed above, is not in compliance with USR-1508(Special Use Permit 1508). All conditions of the original permit must be in compliance by Friday, January 7, 2011 or a Probable Cause public hearing, pursuant to Chapter 23, Article 11(2), Division 4, Section 23-2-270 of the Weld County Code, will be scheduled. If the Probable Cause Hearing is scheduled,the purpose of this public hearing will be to review case number USR-1534, for compliance with the Development Standards, as approved by the Board of County Commissioners on October 31,2011,to determine if probable cause exists to hold a hearing on revocation of the permit. Representatives of this office have determined that you are not in compliance with the following condition of approval: "Upon completion of Condition of Approval #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 plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. 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." All conditions of approval shall be addressed and the USR plat shall be submitted for recording by no later than January 7, 2010. If it is determined at the public hearing that there is probable cause that you are not in compliance with USR- 1534,the Board of County Commissioners will schedule a Show Cause public hearing to consider revocation • • of the Use by Special Review permit. Any information you have that may help to resolve this matter will be helpful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, Chris Gathman Planner III pc: USR-1534 WITWER, OLDENBURG, BARRY &JOHNSON, LLP ATTORNEYS AT LAW 822-7TH STREET.SUITE 760 STOW L.WITWER.JR. GREELEY. CO 80631 JEFFREY T. BEDINGFIELD R.SAM OLDENBURG OF COUNSEL JOHN J. BARRY weld County Planning Departmen JACQUELINE JOHNSON CREELEY OFFICE t TELEPHONE: (970)352-3161 PATRICK M.GROOM FACSIMILE(970)352-3165 SENDER'S E-MAIL ADDRESS' KEYNEN JAE WALL.JR. NOV( I 2D07 KENT A. NAUGHTON PGR00M@W0BJLAW.00M RECEIVED November 14, 2007 Kim Ogle Planning Manager Weld County Dept. of Planning Services 918 10`h St. Greeley, CO 80631 Re: USR#256, 543, 552, 987, 991, 1534, 1561, & 1588 DCP Midstream, LP Dear Kim: Please be advised that Duke Energy Field Services changed its name earlier this year to "DCP Midstream,LP." We request that the County update its records to reflect such change. I have identified a number of the USR#'s which maybe affected, but this list is not necessarily exhaustive. Thank you for your attention to this matter, and if you have any questions regarding this matter please do not hesitate to contact me. Yours very truly, WITWER, OLDENBURG, BARRY & JOHNSON, L.LP f{/i iy-cr�f Patfidk M. Groom pmg cc: Joe Kuchinski DCP Midstream Signage Plan USR- 1534 Johnstown Compressor Station DCP Midstream has one facility identification sign located at the facility entrance and facing the roadway. The facility identification sign is four feet in length and three feet in height. Signage will always contain company name, facility name, facility location, and 24 hour emergency response phone numbers. f DCP Midstream Lighting Plan USR- 1534 Johnstown Compressor Station DCP Midstream maintain's facility lighting for the safety of its employees. Facility lighting is and will remain downcast and pointed away from road,to the extent possible, so as not to interfere with area residents or drivers on roadway. Lights will be on for employee safety and security as needed. STATE OF COLOOO c . ) COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT %OP ( e O . AIR POLLUTION CONTROL DIVISION y TELEPHONE: (303) 692-3150 • ; �� ; *18764 CONSTRUCTION PERMIT PERMIT NO: 98WE0548 FINAL APPROVAL DATE ISSUED: NOVEMBER 28, 2001 ISSUED TO: DUKE ENERGY FIELD SERVICES,LP THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Natural gas compressor station, known as the Johnstown Compressor Station, located at SW%Section 29,T5N, R66W,Weld County, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: Waukesha (MIN: F-3521-GU, S/N: 254829), natural gas-fired, 4-cycle rich burn, reciprocating internal combustion engine, rated at 512 HP output, powering a natural gas compressor, equipped with a catalytic converter and an air-to-fuel ratio controller for control of NO,and CO emissions. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND CONTROL ACT C.R.S. (25-7-101 et seq), TO THOSE GENERAL TERMS AND CONDITIONS INCLUDED IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 1. Visible emissions shall not exceed twenty percent(20%)opacity during normal operation of the source. During periods of startup, process modification, or adjustment of control equipment visible emissions shall not exceed 30%opacity for more than six minutes in any sixty consecutive minutes. Opacity shall be measured by EPA Method 9. (Reference: Regulation 1.II.A.1.&4.) 2. The permit number shall be marked on the subject equipment for ease of identification. (Reference: Regulation 3B.IV.E.)(State-only enforceable) 3. Emissions of air pollutants shall not exceed the following limitations (as calculated in the Division's preliminary analysis): (Reference: Regulation 3B.III.A.4.) Nitrogen Oxides: 10.38 tons per year Volatile Organic Compounds: 4.94 tons per year Carbon Monoxide: 14.83 tons per year 123/0093/002 ver 11/99 • DUKE ENERGY FIELD SERVICES, LP -)_ Permit No.98WE05d8 Final Approval Page 2 4. This source shall be limited to a maximum raw material process rate or fuel use rate as listed below and all other activities, operational rates and numbers of equipment as stated in the application. Annual records of the actual consumption rate shall be maintained by the applicant and made available to the Division for Inspection upon request. (Reference: Regulation 3B.III.A.4.) Consumption of natural gas shall not exceed 32.25 MMscf per year. • 5. A revised Air Pollutant Emission Notice(APEN)shall be filed: (Reference: Regulation 3A.lI.C.) a. Annually whenever a significant Increase in emissions occurs as follows: For any criteria pollutant: For sources emitting less than 100 tons per year, a change In actual emissions of five tons per year or more,above the level reported on the last APEN; or For any non-criteria reportable pollutant: If the emissions Increase by 50%u or five(5)tons per year, whichever is less, above the level reported on the last APEN submitted to the Division. • b. Whenever there is a change in the owner or operator of any facility,process,or activity;or I ) c. Whenever new control equipment is installed, or whenever a different type of control equipment replaces an existing type of control equipment; or d. Whenever a permit limitation must be modified; or e. No later than 30 days before the existing APEN expires. 6. The engine covered under this permit may be replaced in accordance with the provisions of the Alternative Operating Scenario listed in Attachment A.(Reference: Regulation 3A.IV.A.) Thomas P.Mark S.Geier, P.E. Permit Engineer nit Leader 123/0093/002 ver 11/99 DUKE ENERGY FIELD SERVICES, LP 1 Permit No. 98WE054R Final Approval Page 3 Notes to Permit Holder: 1). The production or raw material processing limits and emission limits contained in this permit are based on the production/processing rates requested in the permit application. These limits may be revised upon request of the permittee providing there is no exceedence of any specific emission control regulation or any ambient air quality standard. A revised air pollution emission notice (APEN) and application form must be submitted with a request for a permit revision, 2). This source is subject to the Common Provisions Regulation Part II, Subpart E, Upset Conditions and Breakdowns.The permittee shall notify the Division of any upset condition which causes a violation of any emission limit Or limits stated in this permit as soon as possible, but no later than two (2) hours after the start of the next working day, followed by written notice to the Division explaining the cause of the occurrence and that proper action has.been or is being taken to correct the conditions causing said violation and to prevent such excess emission in the future. 3). The following emissions of non-criteria reportable air pollutants are estimated based upon the material consumptions as Indicated in the permit. This information is listed to inform the operator of the Division's analysis of the specific compounds. This information is listed on the Division's emission inventory system. C.A.S.ft SUBSTANCE EMISSIONS iLB/YR) 50-00-0 Formaldehyde(Bin A) 860.4 71-43-2 Benzene(Bin A) 179.0 ( 4). The emission levels contained in this permit are based on the following emission factors: Nitrogen Oxides: 2.1 grams per horsepower-hour Volatile Organic Compounds: 1.0 grams per horsepower-hour Carbon Monoxide: 3.0 grams per horsepower-hour Formaldehyde: 0.0870 grams per horsepower-hour Benzene: 0.0181 grams per horsepower-hour 5). This source Is classified as a: Minor source At a: Minor facility 6). In accordance with C.R.S. 25-7-114.1, the Air Pollutant Emission Notice (APEN)associated with this permit is valid for a term of five years. The five year term for the APEN received with this permit application expires on December 21,2005. A revised APEN shall be submitted no later than 30 days before the five year term expires. 123/0093/002 ver 11/99 DUKE ENERGY FIELD SERVICES, LP y_J ermit No. 98WE0548__ Final Approval Page 4 ATTACHMENT A: ALTERNATIVE OPERATING SCENARIOS The following Alternative Operating Scenario(AOS)for temporary and permanent engine replacement has been reviewed in accordance with the requirements of Regulation No. 3., Part A, Section IV.A, Operational Flexibility-Alternative Operating Scenarios, and Regulation No. 3, Part B, Construction Permits, and has been found to meet all applicable substantive and procedural requirements. This permit incorporates and shall be considered a construction permit for any engine replacement performed In accordance with this AOS, and the permittee shall be allowed to perform such engine replacement without applying for a revision to this permit or obtaining a new Construction Permit. For purposes of Regulation No.3, Part B,Section IV.G.4.a.,any engine replacement authorized under this AOS shall commence operation upon notation of same in the contemporaneous log as required below. Results of any testing required below shall be normalized for comparison to the applicable permitted emission limits. 1. Temporary Engine Replacement The following AOS is incorporated into a permittee's operating or construction permit in order to deal with a compressor engine breakdown or periodic routine maintenance and repair which requires the use of a temporary replacement engine (defined as in the same service for 90 days or less in any 12 month period). The compliance demonstrations made as part of this AOS are in addition to any compliance demonstrations required by the permit. ( ) 1.1. The permittee may temporarily replace an existing compressor engine that is subject to the emission limits set forth in this permit with an engine that is of the same manufacturer, model, and horsepower or a different manufacturer, model, or horsepower as the existing engine without modifying this permit. The permittee shall measure nitrogen oxide (NO,)and carbon monoxide(CO)emissions in the exhaust from the temporary replacement engine using a portable flue gas analyzer within seven (7) calendar days of commencing operation of the temporary replacement engine. Calibration of the analyzer shall be conducted according to manufacturer's instructions. In the absence of evidence to the contrary, results of the portable flue gas analyzer test shall be evidence of enforceable compliance or noncompliance of the temporary replacement engine with the emission limitations of the original engine. An exceedance of either the NO,or CO emission limitation during the Initial portable flue gas analyzer test shall require a subsequent portable flue gas analyzer test indicating compliance with both the NO, and CO emission limitations within 14 calendar days of commencing operation of the replacement engine. Calibration gases shall be used to calibrate the portable analyzer for all tests conducted subsequent to the initial test. If portable flue gas analyzer results indicate compliance with both the NO,and CO emission limitations within the 14 day period, the temporary replacement engine will be considered to be in compliance for purposes of this AOS from the time that the replacement engine commenced operation until the replacement engine is taken off line. If portable flue gas analyzer results fail to indicate the compliance with either the NO, or CO 123/0093/002 ver 11/99 DUKE ENERGY FIELD SERVICES, LP Permit No. 98WE054ff- Final Approval Page 5 emission limitations within the 14 day period, the source will notify the Division in writing within 10 calendar days of the end of the 14 day period. In the absence of evidence to the contrary, the temporary replacement engine will be considered to be out of compliance from the time that the temporary replacement engine commenced operation until the engine is taken off line. Results of all testing that indicates noncompliance shall be submitted to the Division within 10 calendar days of the end of the 14 day period. 1.2. [Section reserved for major sources,] 1.3. Temporary replacement engines,whether of the same manufacturer, model, and horsepower, or of a different manufacturer, model,or horsepower, are subject to all federally applicable and state-only requirements set forth in this permit(including monitoring and record keeping). 1.4. The permittee shall maintain a log on-site to contemporaneously record the start and stop date of any temporary engine replacement, the manufacturer, model number, horsepower, and serial number of the engine(s) that are temporarily replaced during the term of this permit, and the manufacturer, model number, horsepower, and serial number of the replacement engine. 2. Permanent Engine Replacement The following AOS is incorporated into a permittee's operating or construction permit in order to deal with a compressor engine breakdown or periodic routine maintenance and repair which requires the use of a permanent replacement engine (defined as in the same service for more than 90 days in any ) 12 month period). The compliancedemonstrations made as part of this AOS are in addition to any compliance demonstrations required by the permit. 2.1. The permittee may permanently replace the existing compressor engine for the emission points specified In Table 1 with the manufacturer, model, and horsepower engines listed in Table 1 without modifying this permit. The periodic monitoring specified for the replacement engine shall be required. Within 180 days of permit issuance or within 180 days of the startup of a new source, whichever Is applicable,and prior to replacing the existing compressor engine for the emission points specified in Table 1, the existing engine must have demonstrated compliance with the permitted NQ and CO emission limits using EPA Reference Test Methods (identified as Reference Method 7E and Reference Method 10, or Reference Method 19 (40 C.F.R. Part 60 Appendix A)or other test methods or procedures acceptable to the Division. The Division shall be notified at least 30 calendar days prior to the EPA Reference Test date, so that it may choose whether to observe the testing. The permittee shall measure nitrogen oxide(NO,)and carbon monoxide(CO)emissions in the exhaust from the permanent replacement engine using a portable flue gas analyzer within seven (7) calendar days of commencing operation of the permanent replacement engine. Calibration of the analyzer shall be conducted according to manufacturer's Instructions. In the absence of evidence to the contrary, results of the portable flue gas analyzer test shall be evidence of enforceable compliance or noncompliance of the permanent replacement engine with the emission limitations of the original engine. 123/0093/002 ver 11/99 • DUKE ENERGY FIELD SERVICES, LP Pnrmlt.tJo.98WE0548-- -----_. _ ( Final Approval Page 6 An exceedance of either the NO,or CO emission limitation during the initial portable flue gas analyzer test shall require a subsequent portable analyzer test indicating compliance with both the NO,and CO emission limitations within 14 calendar days of commencing operation of the replacement engine. Calibration gases shall be used to calibrate the portable analyzer for all tests conducted subsequent to the initial test. . If portable flue gas analyzer results indicate compliance with both the NO, and CO emission limitations within the 14 day period, the permanent replacement engine will be considered to be in compliance for purposes of this AOS. if portable flue gas analyzer results fall to indicate the compliance of the permanent replacement engine with either the NO, or CO emission limitations within the 14 day period, the source will notify the Division in writing within 10 calendar days of the end of the 14 day period. Results of all testing that Indicates noncompliance shall be submitted to the Division within 10 calendar days of the end of the 14 day period. The source will be required to conduct EPA Reference Test Methods (identified as Reference Method 7E and Reference Method 10, or Reference Method 19 (40 C.F.R. Part 60 Appendix A), hereinafter"EPA Reference Test Methods")or other test methods or procedures acceptable to the Division within 45 calendar days of the end of the 14 day period allowed for the portable flue gas analyzer testing. The Division shall be notified at least 30 calendar days prior to the EPA Reference Test date, so that it may choose whether to observe the testing. If the EPA Reference Tests indicate compliance with both the NO, and CO emission ( \ limitations, the permanent replacement engine will be considered to be in compliance for the 1 purposes of this AOS. If the EPA Reference Tests fall to demonstrate compliance with either the NO,or CO emission limitations and in the absence of evidence to the contrary, the permanent replacement engine will be considered to be out of compliance for the purposes of this AOS from the date the replacement engine commenced operation until the engine Is taken off line. Results of all EPA Reference testing that indicates noncompliance shall be submitted to the Division within 14 calendar days after receipt of the test results. 2.2. Permanent replacement engines are subject to all federally applicable and state-only requirements set forth in this permit(including monitoring and record keeping). 2.3. The permittee shall maintain a log on-site to contemporaneously record the date of any permanent engine replacement, the.manufacturer, model number, horsepower, and serial number of the engine(s)that are permanently replaced during the term of this permit, and the manufacturer,model number, horsepower, and serial number of the replacement engine. 2.4. An Air Pollutant Emissions Notice (APEN)that includes the specific manufacturer, model and serial number and horsepower of the permanent replacement engine shall be filed with the Division for the permanent replacement engine within 14 calendar days of commencing operation of the replacement engine. The APEN shall be accompanied by the appropriate APEN filing fee and a cover letter explaining that the permittee is exercising an alternative operating scenario and is Installing a permanent replacement engine. 2.5. This procedure cannot be used for permanent engine replacement in the following situations: 123/0093/002 ver 11/99 DUKE ENERGY FIELD SERVICES, LP 1 _—P_ermitNo.98WE0548__-. . ._ Final Approval Page 7 a. Replacement of a grandfathered or permit exempt engine or an engine that is not subject to emission limits. • 2.6. The permittee shall agree to pay fees based on the normal permit processing rate for review of information submitted to the Division In regard to any permanent engine replacement. 2.7. Results of all tests conducted pursuant to this AOS shall be kept on site for five (5)years and made available to the Division upon request. 2.8. For comparison with an annual or short term emissions limit,the results of any testing required by this AOS shall be converted to a lb/hr basis and multiplied by the allowable operating hours in the month or year (whichever applies) in order to monitor compliance. If a source Is not limited In its hours of operation, the test results shall be multiplied by the maximum nupnber of hours in the month or year(8760),whichever applies. 3. Additional Sources Current State Air Quality Regulations do not allow for advanced New Source Review in the absence of discrete and verifiable Information concerning future Installations. Therefore, any additional operational changes requiring new equipment at this facility not addressed by these Alternative Operating Scenarios will need to undergo appropriate Regulation No. 3 review procedures. 123/0093/002 ver 11/99 DUKE ENERGY FIELD SERVICES, LP i Permit.No. 98WE0548 i Final Approval Page 8 Table 1 Internal Combustion Engine Information for the AOS Emission Point Replacement Engine Periodic Stack Test? Monitoring AIRS ID 002 Waukesha F-3521-GU, 512 See Footnote No HP Footnote: For permanent engine replacement,once the engine Is replaced and the monitoring set forth in the body of the AOS is comdleted,quarterly portable monitoring for both NO,and CO must be.Instituted. Compliance for both the NO, and the CO limits must be demonstrated for four (4) consecutive quarters. If compliance is demonstrated for four (4) consecutive quarters, the required frequency of portable monitoring analysis shall become annual. Frequency will revert back to quarterly if portable analyzer results Indicate exceedance of the limitations for either pollutant, The required frequency of this monitoring will again go to annual if portable analyzer results indicate compliance for four(4)consecutive quarters. Results of all portable analyzer analyses conducted shall be kept on site and made available to the Division upon request. ) 123/0093/002 ver 11/99 • DUKE ENERGY FIELD SERVICES, LP 1----Rermit.No. 98WE0548 -- - - / / Final Approval Page 9 GENERAL TERMS AND CONDITIONS: (IMPORTANTI READ ITEMS 5.8,7 AND 8) 1. This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon conduct of the activity, or construction, installation and operation of the source, in accordance with this information and with representations made by the applicant or applicant's agents. It is valid only for the equipment and operations or activity specifically identified on the permit. 2. Unless specifically stated otherwise, the general and specific conditions contained in this permit have been determined by the APCD to be necessary to assure compliance with the provisions of Section 25-7-114.5(7)(e), C.R.S. 3. Each and every condition of this permit is a material part hereof and is not severable. Any challenge to or appeal of, a condition hereof shall constitute a rejection of the entire permit and upon such occurrence, this permit shall be deemed denied ab Indio. This permit may be revoked at any time prior to final approval by the Air Pollution Control Division (APCD) on grounds set forth in the Colorado Air Quality Control Act and regulations. of the Air Quality Control Commission (AQCC), including failure to meet any express term or condition of the permit. If the Division denies a permit, conditions imposed upon a permit are contested by the applicant, or the Division revokes a permit, the applicant or owner or operator of a source may request a hearing before the AQCC for review of the Division's action. 4. This permit and any required attachments must be retained and made available for inspection upon request at the location set forth herein. With respect to a portable source which is moved to a new. location, a copy of the Relocation Notice (required by law to be submitted to the APCD whenever a portable source is relocated)should be attached to this permit. The permit may be reissued to a new owner by the APCD as provided in AQCC Regulation No. 3, Part B, Section III.B. upon a request for transfer of ownership and the submittal of a revised APEN and the required fee. 5. Issuance(initial approval)of an emission permit does not provide"final"authority for this activity or operation of this ) source. Final approval of the permit must be secured from the APCD in writing in accordance with the provisions of 25-7-114.5(12)(a) C.R.S. and AQCC Regulation No. 3, Part B, Section IV.H. Final approval cannot be granted until the operation or activity commences and has been verified by the APCD as conforming in all respects with the conditions of the permit. If the APCD so determines, it will provide written documentation of such final approval, which does constitute -final"authority to operate. Compliance with the permit conditions must be demonstrated within 180 days after commencement of operation. - 6, THIS PERMIT AUTOMATICALLY EXPIRES IF you (1)do not commence construction or operation within 18 months after either the date of issuance of this permit or the date on which such construction or activity was scheduled to commence as set forth In the permit, whichever is later; (2) discontinue construction for a period of 18 months or more; or (3) do not complete construction within a reasonable time of the estimated completion date. Extensions of the expiration date may be granted by the APCD upon a showing of good cause by the permiltee prior to the expiration date. • 7. YOU MUST notify the APCD at least thirty days(fifteen days for portable sources)prior to commencement of the permitted operation or activity. Failure to do so is a violation of Section 25-7-114.5(12)(a), C.R.S. and AQCC Regulation No. 3, Pad B, Section IV.H.1,, and can result in the revocation of the permit. You must demonstrate compliance with the permit conditions within 180 days after commencement of operation as stated in condition 5. 8. Section 25-7.114.7(2)(a), C.R.B. requires that all sources required to file an Air Pollution Emission Notice (APEN) must pay an annual fee to cover the costs of inspections and administration. If a source or activity is to be discontinued, the owner must notify the Division in writing requesting a cancellation of the permit. Upon notification, annual fee billing will terminate. 9. Violation of the terms of a permit or of the provisions of the Colorado Air Pollution Prevention and Control Act or the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under Sections 25-7-115 (enforcement),-121 (injunctions),-122(civil penalties),-122.1 (criminal penalties),C.R.S. 123/0093/002 ver 11/99 • • • { DCP Midstream Fugitive Dust Abatement Plan USR- 1534 Johnstown Compressor Station 1. Control of unpaved roads on site. a. Watering as needed. b. Application of chemical stabilizer as needed. c. Vehicle speed limited to 10 MPH. d. Gravel will be utilized on facility roadways. 2. Control of disturbed surface areas on site. a. Watering as needed. b. Application of chemical stabilizer as needed. c. Vehicle speed limited to 10 MPH. d. Wind breaks will be utilized as needed. 3. Prevention of mud and dirt carried out onto paved surfaces. a. Gravel or pavement at entrance. b. Cleaning of vehicles as needed. • • DCP Midstream Waste Handling Plan USR-1534 Johnstown Compressor Station Waste to be generated: Used engine oil 100 gallons/6 months Spent filters 1 cu. yd. /6 months Produced water 80 Bbls/3 months General refuse 6 yd./6 months Chemicals to be stored: Condensate 100 Bbls Lube oil 100 gallons Coolant 100 gallons Waste handler and disposal facility: Used oil, Safety-Kleen, 2801 South Tejon Englewood, CO 80110 303-761-8614 Spent filters,Thermo Fluids Inc. 2800 North US HWY 62 Brownfield,TX 79316 806-637-9336 Produced water,Northern Plains Trucking, 1352 Factory Dr. Fort Lupton,CO 80621 970-351-8870 Produced water, Conquest Oil Company, 1610 29th AVE. PL. #200 Greeley, CO 80634 970-356-5560 General refuse, Waste Management, 500 E. Vine Dr., Fort Collins, CO 80524 970-482-6319 General refuse, Waste Management,40,000 WCR 25,Ault, CO 80610 970-686-2800 Hello