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Home My WebLink About20070909.tiff HEARING CERTIFICATION DOCKET NO. 2006-62.C RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1561 FORA MINERAL RESOURCE DEVELOPMENT FACILITY,INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY, IN THE A (AGRICULTURAL) ZONE DISTRICT - STREAR FARMS COMPANY, C/O DCP MIDSTREAM, F/K/A DUKE ENERGY FIELD SERVICES, INC. A public hearing was conducted on August 1, 2007, at 10:00 a.m., with the following present: Commissioner David E. Long, Chair Commissioner William H. Jerke, Pro-Tem Commissioner William F. Garcia Commissioner Robert D. Masden Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Jennifer VanEgdom County Attorney, Bruce Barker Planning Department representative, Kim Ogle Health Department representative, Char Davis Public Works representative, Don Dunker The following business was transacted: I hereby certify that pursuant to a notice dated September 15, 2006, and duly published September 20,2006, in the Fort Lupton Press, a public hearing was conducted on October4,2006, to consider the request of Strear Farms Company, c/o Duke Energy Field Services, Inc., for a Site Specific Development Plan and Use by Special Review Permit #1561 for a Mineral Resource Development Facility, including an Oil and Gas Support and Service Facility, in the A(Agricultural) Zone District. At the request of the applicant,the Board deemed it advisable to continue the matter to December 6, 2006, at 10:00 a.m., to allow the applicant additional time to continue working to resolve concerns expressed by the surrounding property owners at the Planning Commission hearing, and to present the application before a full quorum of the Board. A public hearing was conducted on December 6, 2006, at which time the Board deemed it advisable to continue the matter to March 28, 2007, at 10:00 a.m., to allow the applicant additional time to address sound concerns at the site. On March 28, 2007, the Board deemed it advisable to grant the request of the applicant for a continuance to August 1, 2007, at 10:00 a.m., to allow the applicant adequate time to bring the site into compliance with Colorado Oil and Gas Conservation Commission noise regulations. At said hearing on August 1,2007, Bruce Barker, County Attorney, made this a matter of record. Kim Ogle, Department of Planning Services,stated Duke Energy Field Services, Inc., is now known as DCP Midstream, and he presented a brief summary of the proposal and entered the favorable recommendation of the Planning Commission into the record as written. He stated the matter was previously continued, at the request of the applicant, in order to address concerns regarding noise at the site. He further stated the site is located north of County Road 22 and west of County 2007-0909 CG' 72h,/i// CGPL1855 � 1 ; HEARING CERTIFICATION-STREAR FARMS COMPANY,CIO DCP MIDSTREAM, F/K/A DUKE ENERGY FIELD SERVICES, INC. (USR#1561) PAGE 2 Road 21 Section Line, and is within the three-mile referral area for the Towns of Frederick and Firestone, and the City of Fort Lupton. He stated the City of Fort Lupton and Town of Frederick returned referral responses which indicated no concerns; however, the Town of Firestone did not respond to the referral request. Mr. Ogle gave a brief description of the uses of surrounding properties and stated several residences are located within the immediate vicinity of the site. He stated the site is accessed from County Road 22, which is a local gravel road, and the site is fenced with two accesses. He clarified the service yard has a gravel surface and contains overhead lighting directed at specific equipment. He stated two compressors are located at the facility and there is no visual outside storage; however, a trash dumpster located on the site will be screened. Mr. Ogle stated fifteen referral agencies reviewed the application, and nine offered comments which have been included within the Conditions of Approval and Development Standards. He stated one letter was received from a surrounding property owner, staff has received numerous telephone inquiries regarding the application, and he displayed photographs of the site. He further stated staff recommends a modification to Development Standard #7 to state, "The operation shall comply with all State of Colorado noise control regulations." Char Davis, Department of Public Health and Environment, concurred with the modified language presented for Development Standard #7, and stated the applicant will provide bottled water for employees on the site. Don Dunker, Department of Public Works,stated access to the facility is on County Road 22,which is maintained by the County. In response to Chair Long, Mr. Dunker stated the facility will generate additional traffic; however, the traffic will be easily accommodated. Patrick Groom, Attorney, represented the applicant and stated the Department of Planning Services has provided a great amount of assistance throughout this process. He clarified the matter was previously continued to address a sound issue on the site, and he submitted a letter, marked Exhibit O,which addresses the corrective measures taken by the applicant to reduce noise levels. He stated the site is surrounded primarily by dryland crop farming; however, several complaints were submitted by surrounding residents. He explained the site contains a compressor facility and the noise standards were modified by the Colorado Oil and Gas Conservation Commission (COGCC) approximately two years ago. He stated an adjacent landowner filed a complaint in early 2007,the COGCC visited the site to take measurements and determined the site was not in compliance with the new standards, therefore, a notice of violation was issued to the applicant. He explained the applicant immediately addressed the problem by contracting a sound engineer to visit the site and make a recommendation for the most effective way to bring the facility into compliance with the new regulations. He further stated the sound engineer recommended the compressor be enclosed within a structure made of soundproof materials, and the applicant immediately contracted to have the facility built. He explained the precast panels must be manufactured and assembled by another company, and Exhibit O details the schedule for completion of the facility by September 22, 2007. He reiterated the facility will become fully enclosed, and he is confident the site will be brought into full compliance with COGCC regulations. Mr. Groom stated the anticipated costs total approximately $350,00.00, and the applicant is committed to completing the project. He requested the Board consider approval of the application, with the understanding that the applicant must be in compliance with the COGCC regulations, as 2007-0909 PL1855 HEARING CERTIFICATION-STREAR FARMS COMPANY,CIO DCP MIDSTREAM, F/K/A DUKE ENERGY FIELD SERVICES, INC. (USR#1561) PAGE 3 required through Development Standard #7. He clarified Development Standard #7 will provide assurance to surrounding property owners that the applicant will operate within full compliance. In response to Commissioner Masden, Joe Kuchinski, DCP Midstream, clarified two compressors are located at the facility, and he stated the capacity of the facility will not be expanded through this application. He clarified the work being completed at the facility is to address the noise issue and to come into compliance with the change in regulations issued by the COGCC. He stated the enclosure will be constructed around the engine and compressor skid, and will provide a full enclosure, including a roof. He stated a berm will be constructed around the perimeter of the enclosure to ensure the bottom of the structure is properly sealed. He clarified the structure will not contain a concrete floor. HenryThuener,surrounding property owner,stated his residence is located over one-half mile from the facility, and he has attended all of the hearings associated with this application, beginning with the Planning Commission hearing. He stated at the Planning Commission hearing, the applicant requested an expansion of the square footage of the facility,which was approved; however, at the meeting, he raised concerns regarding the noise level on the site. He stated he was informed by the Department of Public Health and Environment that the property is zoned A (Agricultural), therefore, the applicant was allowed to conduct operations at the noise level allowed within the A(Agricultural)Zone District. He clarified to the Department employee that the COGCC adopted regulations which require the noise emitted from the facility to be less than 55 decibels between the hours of 7:00 a.m. and 7:00 p.m., and between the hours of 7:00 p.m. and 7:00 a.m., the noise emitted must be less than 50 decibels. He stated he was contacted the next day by the Department, after staff had visited the site to complete a sound measurement, and he was informed that the sound exceeded the appropriate levels at a distance of 350 feet. Mr. Thuener stated he initiated a complaint with the COGCC, and clarified in his complaint that he did not want the facility to be shut down; however, he requested the facility be required to come into compliance with the proper noise regulations. He stated many property divisions are occurring within the surrounding area, and the facility is creating unnecessary noise impacts for all of the surrounding property owners. He further stated he was in attendance at the hearing held on October 4, 2006, at which time the matter was continued to allow the applicant to complete testing regarding the noise issue. He explained the applicant placed sound testing equipment on his property; however, upon request, he was never provided with the results of the sound testing. He stated he again attended the hearing held on December 6, 2006, at which time a muffler had been installed on the property; however,the muffler did not mitigate the noise problem. Mr. Thuener stated the COGCC notified the applicant of the violation in March, 2007; however, the applicant did not come into compliance with the required regulations until July 16, 2007. He clarified the applicant provided a letter to the COGCC, dated July 9, 2007, outlining the proposed improvements to be completed at the facility. Mr. Thuener stated he does not believe the applicant will be able to comply with the noise regulations after the enclosure is completed. He requested the Board require the applicant become fully compliant before issuing approval of the application. He reiterated the facility is so noisy that he cannot open the windows at his residence and the noise causes his house to rattle. He further stated once the applicant brings the facility into compliance, he will provide testimony encouraging approval. Chair Long expressed his appreciation to Mr. Thuener for his comments. There being no further comments, Chair Long closed the public comment portion of the hearing. 2007-0909 PL1855 HEARING CERTIFICATION-STREAR FARMS COMPANY,C/O DCP MIDSTREAM, F/K/A DUKE ENERGY FIELD SERVICES, INC. (USR#1561) PAGE 4 Mr. Groom reiterated the facility will not be expanded in size, and the application was originally submitted to address the change of ownership for the facility. He stated the applicant sympathizes with the concerns of surrounding property owners, and that is why the applicant is willing to spend a large amount of money to provide sound mitigation. He clarified that due to the violation complaint filed with the COGCC, communications between the applicant and surrounding property owners now must be passed through the COGCC. He emphasized the upgrades to the facility are not a simple fix, the applicant is not willing to spend a large amount of money for a fix that would not be effective, and the completion of the upgrades will bring the facility into compliance with the COGCC standards. Mr. Groom stated security for the surrounding property owners is built into the application process in accordance with the required Development Standards, and he reiterated it is not necessary to delay the Board's consideration of the application any further. In response to Commissioner Jerke, Mr. Groom stated the applicant has complete confidence in the recommendation from the sound engineer, and the applicant believes the site will be found to be in full compliance with Development Standard#7. Further responding to Commissioner Jerke, Mr. Ogle clarified if the site is found to not be within compliance of the Development Standards, a Probable Cause hearing may be initiated against the applicant. He recommended the addition of Condition of Approval #1.O to state, "The applicant shall submit evidence, to the Department of Planning Services, stating the facility is in compliance with the regulatory noise standards of the Colorado Oil and Gas Conservation Commission." Mr. Groom concurred with the proposed language and clarified the applicant has been granted an extension of the July 15, 2007, deadline, due to the nature of the improvements to be completed. Commissioner Masden stated he feels comfortable with the Board's consideration of the matter at this hearing,especially with the addition of Condition of Approval#1.O. He stated the applicant has been issued a citation of violation by the COGCC, which has helped bring the facility into compliance, and he believes the oil and gas industry is working to regulate itself. In response to Chair Long, the Board concurred with the addition of Condition of Approval #1.O. Chair Long stated if the applicant is not able to complete the requirements, it is possible to revoke the Use by Special Review Permit. Responding to Chair Long, Mr. Groom stated he, and the applicant, have reviewed,and concur with,the Conditions of Approval and Development Standards as modified. Commissioner Rademacher stated he supports the application, and he believes the applicant has worked diligently to mitigate noise concerns at the facility. Commissioner Masden concurred with Commissioner Rademacher, and he realizes the applicant has invested a large amount of money to mitigate the concerns expressed by surrounding property owners. Commissioner Rademacher moved to approve the request of Strear Farms Company, c/o DCP Midstream, f/k/a Duke Energy Field Services, Inc., for a Site Specific Development Plan and Use by Special Review Permit#1561 for a Mineral Resource Development Facility, including an Oil and Gas Support and Service Facility, in the A (Agricultural) Zone District, based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record. His motion included the 2007-0909 PL1855 HEARING CERTIFICATION-STREAR FARMS COMPANY,C/O DCP MIDSTREAM, F/K/A DUKE ENERGY FIELD SERVICES, INC. (USR #1561) PAGE 5 modification of Development Standard #7, and the addition of Condition of Approval #1.O. The motion was seconded by Commissioner Masden, and it carried unanimously. There being no further discussion, the hearing was completed at 11:45 a.m. This Certification was approved on the 6th day of August 2007. APPROVED: _ OARD OF COUNTY COMMISSIONERS ��'�M /,� *c' COUNTY, COLORADO ATTEST: figh avid E. Long, Chair Weld County Clerk to the Bo 171n1. EXCUSED DATE OF PPRO AL BY. ell6)1 , f (4/Wi/lliam(Hi Pro-,mJerlfe,/ De Cler o the Board l l 1�! ( W iam F. Garcia TAPE #2007-22 Robert D. Masde DOCKET#2006-62.C .� -- , r�, r,itc,Q r- Douglad ademachyr 2007-0909 PL1855 EXHIBIT INVENTORY CONTROL SHEET Case USR #1561 - DUKE ENERGY FIELD SERVICES, INC. Exhibit Submitted By Exhibit Description A. Planning Staff Inventory of Items Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes 07/18/2006) D. Clerk to the Board Notice of Hearing (filed under legals) E. Applicant E-mail response waiving 45-day deadline, dated 08/31/2006 F. Kerr-McGee Oil and Gas OnShore LP Letter re: Surface Use Agreement, dated 09/29/2006 and 07/19/2007 G. Linda Gardner Letter of Opposition, dated 10/03/2006 H. Planning Staff Certification and Photo of sign posting Planning Staff Request for Continuance J. Hank Thuener Request for Notification K. Applicant Request for indefinite continuance, date 03/26/2007 L. Health Staff Memo re: Development Standard #7, dated 03/27/2007 M. Clerk to the Board Notice of Hearing (filed under legals) N. Applicant Letter of Response to David Dillon, COGCC re: Alleged Violation, dated 07/09/2007 O. Applicant Letter re: Update of status of noise abatement actions, dated 07/26/2007 P. a. R. S. � � � � � �J r` � ^ � J � '"'\ � �"{ U° .9 _ ' �� v N � (� � `' � N J �; v o 3 � � �� o �� w � � a � � � � s � £ ` ` `n m n � o a •� � O '� X O c 'p V J N �` � a v � � ic ` � � " �'1 � N •� 9 � � � r � S W � c C> m E H A a�i U � �' �- S` z O V c°fi � � � � � �� (� • � � �? 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