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Home My WebLink About20070056.tiff Page 1 of 2 Esther Gesick From: Esther Gesick Sent: Wednesday, August 30, 2006 3:45 PM To: Kim Ogle Subject: RE: USR#1561 (Duke Energy), AMUSR#256 (Duke Energy), and USR#1559(Fransen/Snyder) Tim, I received a forwarded copy of your e-mail agreeing to waive the 45-day scheduling deadline and requesting a hearing on October 4, 2006. I appreciate your waiver of the deadline and have scheduled the hearing for October 4, 2006, at 10:00 a.m. The appropriate notice and paperwork will be sent via U.S. Mail in mid September. If there are any questions, please let me know. P.S. - Kim told me you are soon to be employeed with Flood and Peterson. Good luck with your new position, it's been a pleasure working with you over the years :) Sincerely, Esther E. Gesick Deputy Clerk to the Board 915 10th Street Greeley, CO 80631 (970)356-4000 X4226 (970)352-0242 (fax) From: Kim Ogle Sent: Friday, August 25, 2006 8:43 AM To: Esther Gesick Subject: FW: USR #1561 (Duke Energy), AMUSR #256 (Duke Energy), and USR #1559 (Fransen/Snyder) From: Tim Clancy [mailto:tclancy@wobjlaw.com] Sent: Friday, August 25, 2006 8:48 AM To: Kim Ogle Cc: Patrick Groom; Jackie Johnson Subject: RE: USR #1561 (Duke Energy), AMUSR #256 (Duke Energy), and USR #1559 (Fransen/Snyder) Kim: Sorry, I was out of the office Wed and Thurs. DEFS would not object to proceeding on 10/04/06. I am copying Patrick and Jackie on this since, as we discussed, they are taking the DEFS case over for me. Thanks-- Timothy V. Clancy 970.313.4779(direct dial) EXHIBIT Original Message C 2007-0056 1,1S2 #15(o/ 8/31/2006 Page 2 of 2 From: Kim Ogle [mailto:kogle@co.weld.co.us] Sent: Wednesday, August 23, 2006 11:30 AM To: Tim Clancy Subject: FW: USR #1561 (Duke Energy), AMUSR #256 (Duke Energy), and USR #1559 (Fransen/Snyder) Hello Tim Have you had an opportunity to confirm? Thanks Kim From: Esther Gesick Sent: Thursday, August 17, 2006 9:59 AM To: Kim Ogle Subject: USR #1561 (Duke Energy), AMUSR #256 (Duke Energy), and USR #1559 (Fransen/Snyder) Kim, I'm running into some scheduling conflicts: -On 9/13 the Board leaves at noon and I already have one case there -On 9/20 the Board leaves at noon and I already have two cases there -On 9/27 Char will be gone so no USR's! Would it be possible for you to contact the applicants on the three cases listed above and see if they would be willing to provide a "waiver letter" beyond the 45 days? I could put them all on 10/04 (which is only 3 days past the deadline). Let me know. Thanks! Esther 8/31/2006 kg KerrNtGee Kerr-McGee Oil 8,Gas Onshore LP 1999 Broadway,Suite 3700,Denver.Colorado 80202 303-296-3600•Fax 303-296-3601 September 29, 2006 VIA FACSIMILE AND U.S. MAIL Weld County Board of County Commissioners 915 10th St P. O. Box 758 Greeley, Colorado 80631 Re: Site Specific Development Plan and Use by Special Review Application Strear Farms Company - Applicant Township 2 North, Range 67 West of the 6th P.M. Section 10: SE/4SE/4 Weld County, Colorado Dear County Commissioners: This letter is being sent to inform you that Kerr-McGee Oil & Gas Onshore LP ("KMG") holds valid and subsisting oil and gas lease rights in the captioned property. KMG's rights may be adversely affected by the Site Specific Development Plan and Use by Special Review being proposed by Strear Farms Company. KMG is submitting this comment and objection timely, in accordance with State of Colorado and Weld County's procedural requirements. KMG's recorded oil and gas leases are real property interests entitling it to produce oil and gas from the leased lands. The company has the right to produce from existing wells, to maintain, rework, recomplete, and fracture those existing wells to enhance production, and to drill new wells to produce oil and gas, in accordance with applicable Colorado Oil and Gas Conservation Commission regulations and Colorado Statutes. KMG's oil and gas assets have significant value, and the company is consequently concerned about any development, surface use, plan of use, PUD, zoning or rezoning, or other action by the Weld County that would impair or preclude its ability to develop its property. KMG's preferred practice is to meet with surface owners and attempt to conclude a mutually acceptable surface use agreement. It is essential that such an agreement be in place before the Weld County approves the developer's application. However, as of this date, KMG and Strear Farms Company have not concluded such an agreement. KMG must object to any approval by the Weld County of Strear Farms Company's plans that fails to fully accommodate KMG's right to explore for, develop and produce oil and gas EXHIBIT le (4511— / Weld County Board of County Commissioners September 29, 2006 Page 2 from its leasehold interests. KMG requests that the Weld County withhold final plat approval until such time as the surface owner and KMG have concluded a surface use agreement. Any future surface development plans should incorporate and designate lands to be set aside for mineral development and expressly provide protection for KMG's current and future well, pipelines, gathering lines and related oil and gas facilities and equipment. Weld County has a constitutional obligation to ensure that the property rights of mineral interest owners are accommodated in its land use planning process. Approval of any surface development plan that forecloses the rights of mineral owners may be a compensable taking. Please contact me at 720-264-2642 if you have any questions or comments about this matter. KMG hopes to conclude a mutually acceptable surface use agreement with the surface owner of the property and looks forward to working with the Weld County to accomplish its land use planning goals. Very truly yours, KERR-McGEE OIL & GAS ONSHORE LP t.Terry DrEn 'ght Land cialist cc: Strear Farms Company c/o Duke Energy Field Services, Inc. c/o Witwer; Oldenburg, Barry and Johnson, LLP —Applicant (by facsimile and U.S. mail) Joseph H. Lorenzo —Kerr-McGee Oil & Gas Onshore LP Joseph Sanchez—Ken-McGee Gathering LLC 4q KerrlvtGee Kerr-McGee Oil&Gas OnShore LP 1999 Broadway,Suite 3700,Denver,Colorado 80202 303-296-3600•Fax 303-296-3601 July 19, 2007 VIA FACSIMILE AND U.S. MAIL Weld County Board of County Commissioners 915 10th Street Greeley, CO 80631 Re: Strear Farms- Site Specific Development Plan and Special Review Permit #1561 Strear Farms Company, Applicant Township 2 North, Range 67 West, 6th P.M. Sections 10: SE/4SE/4 Weld County, Colorado Dear Board: This letter is being sent to inform you that Kerr-McGee Oil & Gas Onshore LP ("KMG") holds valid and subsisting oil and gas lease rights in the captioned property. KMG's rights may be adversely affected by the Site Specific Development Plan and Special Review Permit being proposed by Strear Farms Company ("Strear Farms"). KMG is submitting this comment and objection timely, in accordance with State of Colorado and the Weld County's procedural requirements. KMG's recorded oil and gas leases are real property interests entitling it to produce oil and gas from the leased lands. The company has the right to produce from existing wells, to maintain. rework, ecorSplete, and fracture those existing }veils to enhance production, and to drill new wells to produce oil and gas, in accordance with applicable Colorado Oil and Gas Conservation Commission regulations and Colorado Statutes. KMG's oil and gas assets have significant value, and the company is consequently concerned about any development, surface use, plan of use, PUD, zoning or rezoning, or other action by the County that would impair or preclude its ability to develop its property. KMG's preferred practice is to meet with surface owners and attempt to conclude a mutually acceptable surface use agreement. It is essential that such an agreement be in place before the County approves the developer's application. However, as of this date, KMG and Strear Farms have not concluded such an agreement. KMG must object to any approval by the County of Strear Farms plans that fail to fully accommodate KMG's right Weld County Board of County Commissioners July 19, 2007 Page 2 to explore for, develop and produce oil and gas from its leasehold interests. KMG requests that the County withhold final plat approval until such time as the surface owner and KMG have concluded a surface use agreement. Any future surface development plans should incorporate and designate lands to be set aside for mineral development and expressly provide protection for KMG's current and future well, pipelines, gathering lines and related oil and gas facilities and equipment. Weld County has a constitutional obligation to ensure that the property rights of mineral interest owners are accommodated in its land use planning process. Approval of any surface development plan that forecloses the rights of mineral owners may be a compensable taking. Please contact me at 720-264-2642 if you have any questions or comments about this matter. KMG hopes to conclude a mutually acceptable surface use agreement with the surface owner of the property and looks forward to working with the County to accomplish its land use planning goals. Very truly yours, KERR-McGEE OIL & GAS ONSHORE LP j-/CP711/0/fIlA14 Terry D. Enright Staff Landman cc: Strear Farms Company—Applicant(by U.S. Mail) Joseph H. Lorenzo—Kerr-McGee Oil & Gas Onshore LP Kevin Osif—Kerr-McGee Gathering LLC Linda Gardner 10-03-06 10103 WCR 22 Fort Lupton, Co. 80621 303-857-0766 To: Board of County Commissioners: Re: Docket# 2006-62 Meeting Date 10-4-06 Strear Farms Co. C/O Duke Energy Field Services, Inc. This letter is not objecting to Duke's facility, only the noise it produces. I have enclosed a monitoring report from the State of Colorado Oil and Gas Conservation Commission which shows the site is still well above noise standards. I was awakened by the facility on 10-1-06, Sunday morning at 7:oo a.m. to loud soaring of the engines. The upgrade for noise abatement on the fence perimeter has not reduced the noise level towards our house. They installed baffle to the interior of the fence and put a cover over the baffle that does not absorbed noise. The noise still bangs around and becomes louder with wind conditions. I have voiced my concerns regarding the noise with Kim Ogle and the committee members in their meeting at the Southwest Weld Country building in July, 2006. At this time Duke said they would be good neighbors and quiet their facility. As of Oct. 3, 2006 it is still real loud with roaring engine noise coming in my house 24 hours a day 7 days a week. This letter is asking for your help in giving us some peace and quiet. We do not want to loose value on our property and we would like to be able to open our bedroom windows at night. AI 04, "91-1 l3(71ty/ ; EXHIBIT - FrUS-/S 61 "-1 -... .*TAIT OF FORM ;;BOFARA09• ocument Number: 1448205 18A COMPLAINT RESPONSE REPORT ," m ' (COGCC Use Only) . om Taint Trackin Number:1448204 Rev.5193 om Iainant:HANKTHUENER r^ GCC O erator No: IUGCC Employee:PRECUP JIM eceived Date:7/23/2006 ell Name/No: ocation:Sec T Ran a Mer acilit Name: COMPLAINT RESPONSE LOG Date: 7/23/2006 Party:COMPLAINANT Contact:HANK THUENER Phone:303.947-7665 HANK THUENER COMPLAINED OF NOISE THAT BOTHERED HIM AT NIGHT AND ON THE WEEKENDS. HE IS LOCATED.5 MILES FROM THE NOISE SOURCE KNOWN AS THE MARILYN COMPRESSOR STATION LOCATED AT THE INTERSECTION OFF WCR 22(EAST AND WEST)AND WCR 21 (NORTH AND SOUTH). HE CONTACTED THE COGCC AND ISSUED A COMPLAINT. HE ASKED IF THE COGCC COULD TAKE SOME NOISE READINGS AND SEE IF THE COMPRESSOR STATION WAS OPERATING WITHIN THE COGCC STANDARDS. FIELD VISIT LOG Date:7/23/2006 Party:COGCC Contact:JIM PRECUP Phone:303.7264822 THE COGCC RECIEVED THE COMPLAINT ON 07/23/2006. I MADE A DAYLIGHT INSPECTION ON THIS DATE AT 4:45 P.M. AND TESTED THE COMPRESSOR SITE 350 FEET FROM THE NOISE SOURCE ON A NORTH,SOUTH,EAST,AND WEST BASIS WITH A CALIBRATED DECIBEL METER.THE SITE WAS TESTED ON AN"A"AND"C"SCALE. ("A"AUDIBLE,"C"LOW FREQUENCY)THE FOLLOWING INFORMATION WAS NOTED------NORTH"A"SCALE 53 DECIBELS--"C"SCALE 73 DECIBELS....EAST"A"SCALE 53 DECIBELS--"C" SCALE 71 DECIBELS....SOUTH"A"SCALE 61 DECIBELS"C"SCALE 77 DECIBELS...WEST"A"SCALE 54 DECIBELS"C"SCALE 71 DECIBELS THE WIND WAS AT 2 MILES PER HOUR FROM THE NORTH EAST. I WAS UNABLE TO DETERMINE IF ONE OR TWO COMPRESSORS WERE IN OPERATION.I THEN RETURNED AT 7:15 P.M.ON 7/27/2006 AND DID THE SAME TEST WITH THE FOLLOWING RESULTS: NORTH"A"SCALE 54 DECIBELS "C"SCALE 69 DECIBELS--EAST"A"SCALE 61 DECIBELS "C"SCALE 69 DECIBELS--- SOUTH"A"SCALE 65 DECIBELS"C"SCALE 78 DECIBELS---WEST"A"SCALE 54 DECIBELS"C"SCALE 69 DECIBELS------YOU CAN COMPARE THIS INFORMATION TO THE COGCC ALLOWABLE NOISE LEVELS FOR DAYLIGHT AND NIGHT OPERATIONS. I THEN CONTACTED MR PAUL PARKS WITH DUKE ENERGY AND DISCUSSED THE RESULTS OBTAINED ON THE NOISE COMPLAINT.HE SAID THAT THEY HAD ORDERED A HOSPITAL GRADE MUGGLER TO PLACE ON THE COMPRESSOR ENGINES AND HE EXPECTED THAT THEY WOULD BE IN WITHIN THE NEXT TWO WEEKS. I TOLD HIM THAT THE COMPLAINANT HAD TOLD ME THAT IT WAS NOT THEIR INTENTION TO SHUT DOWN THE FACILITY,ONLY TO HAVE THE FACILITY OPERATE IN COMPLIANCE WITH CURRENT NOISE REQUIREMENTS. I TOLD HIM TO EXPEDITE THE MUFFLERS AS SOON AS POSSIBLE.AS OF 9/8/2006 I AM AWARE THAT DUKE ENERGY IS EXPERIENCING A DELAY IN GETTING THE NECESSARY MUFFLERS.I HAVE CONVEYED THE INFORMATION TO THE COMPLAINANT AND ASSURED THEM THAT THE COGCC WILL FOLLOW UP ON THE MATTER WITH DUKE ENERGY. FINAL RESOLUTION Date: Letter sent? Case Closed? FORM ,,COLORADO FOR C USE ONLY State of Colorado Date Received: 7/23/2006 • 16 Oil and Gas Conservation Commission Doc Num: 1448204 Rey.EAU 1120 Lincoln Street,Suite 801,Denver,Colorado 80203: (30 3)894-2100 Fax:(303)8942109 a '' A_ Complaint Taken by: COMPLAINT REPORT PRECUPJIM This form has been submitted to the COGCC. Complaints may be submitted by any party with a complaint API Na:05-- regarding oil and gas extractive operations The COGCC will investigate the complaint and determine what l action,if any.should be taken. Facility ID: COMPLAINT TYPE NOISE COMPLAINANT INFORMATION Name: HANK THUENER Phone Numbers Address: 10404 WELD COUNTY ROAD 22 No: 303 947-7665 City: FORT LUPTON State:CO Zip: 80202 Fax: Date: 7/23/2006 E-mail: Connection to incident: PROPERTY OWNER DESCRIPTION OF COMPLAINT Name of Operator: DUKE ENERGY Location Date of incident: 7/23/2006 County: WELD Type of facility: GAS COMPRESSOR Facility Name: -'"4ell Name and Number: QtrQtr: Section: ,P1 Number: 05- Twp: Range: PM I Operator contacted? YES Contact Name: PAUL PARK Detailed description of the incident,problem,and cause(equipment failure,human error,etc.): HANK THEUNER COMPLAINED OF NOISE THAT BOTHERED HIM AT NIGHT AND ON THE WEEKENDS. HE IS LOCATED.5 MILES FROM THE NOISE SOURCE AND HE ASKED IF THE COGCC COULD CHECK THE NOISE LEVELS AND SEE IF THEY WERE WITHIN STANDARDS. THE NOISE SOURCE IS THE MARILYN COMPRESSOR STATION LOCATED AT INTERSECTION OF WCR 22(EAST AND WEST) AND WCR 21 (NORTH AND SOUTH) OTHER NOTIFICATIONS List the parties and agencies notified(County,BLM,EPA,DOT,Local Emergency Planning Coordinator or other). Date Agency Contact Person Response C✓� et) Complaint Tracking Number: 1448204 BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS SEPTEMBER 22, 2006 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR THIS APPLICATION FOR USR-1561, FOR A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING A NATURAL GAS PROCESSING FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT Kim Ogle Name of Person Posting Sign oignat a Person Posting Sign STATE OF COLORADO ss. COUNTY OF WELD ) / The foregoing instrument was subscribed and sworn to me this"/ day oflJC— ) / , 2006. WITNESS my hand and official seal. (/ WENDI INLOES % N0TAs iIC STATE OF:"C0;L0RADn Notary Public My Commission Expires: y e l: N ZtSQt) a I Y' J � [may■ YpI Y r " O N tfr .tea „ t5 w„� �� i O4 5 £ 4 j' _iV)ii• �: t1a•• • �'„ `gy p M f 7 5 • .%•;.:43•40;1,4.•:!,i3. �xil,�14.;4 i Z. Q : a a � .. a� adt. 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L ?It �Y Ap s ,s,� L spa +p" ' LT L inn .y��,, „p,. /i'. ,{Y i_ 5}/ a s � ''� ' a '.'`y 'z . . 4, r - 6 MEMORANDUM TO: Board of County Commissioners COLORADO DATE: December 6, 2006 FROM: Kim Ogle, Planning Manager V4O - SUBJECT: Request for Continuance USR-1561, Duke Energy Field Services Joe Kuchinski, Applicant Patrick Groome, Applicant's Representative This case was continued on October 4, 2006 at the request of the applicant to address the concerns of the surrounding property owners, specific to the ambient noise levels associated with this facility The Department of Planning Services on November 28, 2006 received a written request from the applicant's representative requesting a three month continuance of the above referenced case such that remedial measurers can be undertaken by Duke Energy Field Services to address the issues associated with noise at the compressor site. Given this request for hearing continuance, the Department of Planning Services recommends that this case be referred back to the Department of Planning Services. EXHIBIT i Y tom.tll 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 JACQUELINE JOHNSON TELEPHONE:(970)352-3161 PATRICK M.GROOM FACSIMILE(970)352-3165 vY:,+li County Planning Department SENDERS E-MAIL ADDRESS: KEYNEN JAE WALL.JR GREELEY OFFICE PGROOM @ W OBJLA W.COM NOV 2 9`2'006^ yCEI M ED November 28, 2006 Kim Ogle Planning Manager Weld County Planning and Zoning 918 10`h St. Greeley, CO 80631 Re: USR# 1561 Strear Farms Company, c/o Duke Energy Field Services, Inc. Dear Kim: Duke Energy Field Services,Inc. ("Duke")is hereby requesting that the County continue the Board of County Commissioners hearing of this matter which is currently scheduled for December 6, 2006. Duke has retained the services of a sound engineer,and is currently exploring certain remedial measures to address sound concerns at the site. We are requesting that this matter be continued for three months until March, 2007. 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 & J SON, LLP P trick ck . Groom/ pmg pc: Joe Kuchinski; Alison E. Barry, Esq. Page 1 of 1 Jennifer Luna From: Hank Thuener II [Hatii@msn.com] Sent: Thursday, November 30, 2006 10:35 AM To: Jennifer Luna attn: Jen RE: USR1561 for Duke Energy Marilyn Plant cr 22 x cr 21 Please put me on the notification list for any activity on this item. Thank You Henry Thuener II 10404 County Road 22 Fort Lupton, CO. 80621 11/30/2006 ` ' ' Page 1 of 1 Esther Gesick From: Kim Ogle Sent: Tuesday, March 27, 2007 7:31 AM To: Esther Gesick Subject: FW: Duke USR Attachments: Letter to Kim.pdf Duke is requesting an indefinite continuance for USR-1561 to address noise related issues. See attached letter. Kim Ogle l Planning Manager Direct:970/353-6100 extension 3549 I Fax:970/304 6498 kogle@co.weld.co.us Weld County Planning Services 918 Tenth Street I Greeley,CO 80631 I www.co.weld.co.us PLEASE NOTE: This message,including any attachments,may include privileged,confidential and/or inside information.Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. If you are not the intended recipient,please notify the sender by replying to this message and then delete it from your system. From: Patrick Groom [mailto:pgroom@wobjlaw.com] Sent: Monday, March 26, 2007 5:16 PM To: Kim Ogle Subject: Duke USR Kim: Attached is DCP's request for extension. Patrick M. Groom, Esq. Witwer, Oldenburg, Barry&Johnson, LLP 822 7th St., Ste. 760 Greeley, CO 80631 (970)352-3161 (970)352-3165 Fax This email message is for the sole use of the intended recipient(s)and may contain confidential and privileged information. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.5.446/Virus Database: 268.18.18/733 -Release Date: 3/25/2007 11:07 AM 3/28/2007 a` WITWER, OLDENBURG, BARRY &JOHNSON, LLP ATTORNEYS AT LAW 022-TM STREET.SUITE 760 STOW L.WINNER JR GREELEY. CO 80631 JEMMY T.REOINOFlELn R.SAM 0 05p 5U 0 OF COUNSEL JOHN J WART JACQUELINE JOHNSON TELEPHOME:$70) ]62-3ISI IS PATRICK M.N1OOM T'A4O€SS MAi 351t.3 SS SENDERS EYNL AOORESs RETIIEN JAE WALL.JR. PCROOM*WOBIIAW.COM March 26, 2007 VIA FACSIMILE and U.S. MAIL Kim Ogle Planning Manager 918 10th St. Greeley, CO 80631 Re: USR - 1561 Dear Kim: The applicant, DCP Midstream (formerly known as Duke Energy Field Services), hereby requests that this matter be continued for an indefinite period of time. Joe Kuchinski, the representative of the applicant, will not be available to appear on the current date for the hearing, March 28, 2007. Furthermore, the County has indicated its intention to amend the development standards concerning noise levels,and the applicant needs additional time to address this issue with the County Attorney's office and to adopt the appropriate remedial measures. 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, LIP Pltnck M. Groyn( pmg cc: Joe Kucinski Page 1 of 1 Esther Gesick From: Charlotte Davis Sent: Tuesday, March 27, 2007 3:26 PM To: Bruce Barker; Esther Gesick; Jennifer VanEgdom; Kim Ogle Subject: RE: USR-1561 Replace development std #7 Bruce, OK. Where do you plan to meet at? Char From: Bruce Barker Sent: Tuesday, March 27, 2007 3:20 PM To: Charlotte Davis; Esther Gesick; Jennifer VanEgdom; Kim Ogle Subject: RE: USR-1561 Replace development std #7 Char: Before doing that, Duke Energy would like to discuss some alternative language, and they may have some good points. It is my understanding that the case will be continued tomorrow, because one of the applicant's representatives cannot be there. Duke has set an appointment to meet with me on April 4th at 2:00 p.m. Kim has agreed to attend and I would like you to do so also, Char. Bruce. From: Charlotte Davis Sent: Tuesday, March 27, 2007 3:13 PM To: Esther Gesick; Jennifer VanEgdom; Kim Ogle Cc: Bruce Barker Subject: USR-1561 Replace development std #7 Jennifer, Esther, Kim, Development Standard #7 regarding noise standards does not apply to Oil and Gas sites. I would like to change this dev std and replace it with the following language: The operation shall comply with the Oil and Gas Conservation Commission of the State of Colorado concerning Rule 802 -Aesthetic and Noise Control Regulations. If you have question or concerns please let me know. Best regards, Char Charlotte Davis, MPH Weld County Department of Public Health & Environment 1555 N. 17th Avenue Greeley, CO 80631 (970) 304-6415 x2208 FAX (970) 304-6411 3/28/2007 dCP REC IV meson limy Assistant General Counsel Midstream_ JUL 11 2U01 DCP idstnwn s ne 0116°'COGCC Denver.CO 60202 30!.695.3331 July 9,2007 303405-2226 FAX Mr. David K.Dillon Engineer Manager Colorado Oil and Gas Conservation Commission 11.20 Lincoln St,Suite 801 Denver,CO 80203 Re: Notice of Alleged Violation,DCP Midstream,LP,Marilyn Compressor Station. Dear Mr. Dillon: 'As we have discussed, DCP Midstream, LP, ("DCP") is in the process of implementing certain corrective measures at the Marilyn Compressor Station, located in Weld County, in order to reduce noise levels at a 350-foot distance from the compressor in compliance with COGCC Rule 802.b. DCP anticipates that the corrective action will be implemented by mid-September, 2007, and hereby requests that the COGCC extend the abatement date until September 14, 2007,in order to allow completion of the project. In response to the March 8, 2007 Notice of Alleged.Violation, DCP retained a consultant to develop a sound model of the Marilyn facility. Based on that model, DCP selected a corrective action that involves construction of an enclosure for the compressor engine. DCP has also selected an engineering consultant to construct the enclosure. The enclosure, which will completely surround the engine, consists of sound-dampening panels that must be specially fabricated for this project. DCP has ordered the panels and related materials from the manufacturer, which has indicated that the fabrication process and shipping will take five or six weeks. DCP expects to receive these materials by mid- August, at which time the construction will commence. Because the enclosure will surround the engine, the finished structure must also include safety features for the protection of DCP's employees and contractors, and will require additional electrical power to be brought to the site. The construction phase is planned to last for approximately four weeks, but this timcfrarne is also dependent on the electrical utility's upgrades. DCP believes that the enclosure will reduce sound levels below the 50 dB (A) threshold required by the COGCC for the Marilyn site. However, DCP will need additional time to complete this work. (4. EXyIBIT 4iks01 RECE Ma,DPage JUL 1 1 2007 Pape 2 O July 9.2007 If you have any questions about DCP's selected cocorrective action, or please do not hesitate to contact Inc at(303)60 S• ly yours. E.Barry lison Cc: Joseph Kucbinski Paul Park WITWER, OLDENBURG, BARRY &JOHNSON, LLP ATTORNEYS AT LAW 822-7TH STREET.SUITAIVeili Il ti'I: I']�FFREY T. BEDINGFIELD STOW L.WITWER.JR. GREELEV, CO 80631 R.SAM OLDENBURG OF COUNSEL JOHN J. BARRY JACQUELINE JOHNSON TELEPHONE:(970)352-3161 PATRICK M.GROOM FACSIMILE(970)352-3165 SENDER'S E-MAIL ADDRESS: KEYNEN JAE WALL.JR. RE ,C?C. 'Of ED PG room©wobjlaw.com July 26, 2007 Kim Ogle Weld County Planning and Zoning 918 10`h St. Greeley, CO 80631 RE: Special Review Permit#1561 DCP Midstream Dear Kim: Pursuant to your request, we are providing you with an update of the status of the noise abatement actions being taken by DCP Midstream ("DCP")at the Marilyn Compressor Station, located — in Weld County. As you arc aware, DCP has elected to implement certain corrective measures in order to reduce noise levels in compliance with Rule 802.b of the Colorado Oil and Gas Conservation Commission (the "Commission"). On March 8, 2007, DCP received a Notice of Alleged Violation from the Commission, stating that the noise levels measured at the Marilyn Compressor station exceeded the maximum levels under Rule 802.b. In response to the Notice, DCP retained the services of a Sound Engineer, D.L. Adams and Associates, to review the remedial options available to DCP. Based upon the sound model developed by the Engineer, DCP selected a corrective action which included the construction of an enclosure of the compressor engine which is the major generator of noise at the station. The enclosure, which will completely surround the engine, consists of sound-dampening panels that must be specially fabricated for the station. DCP has ordered the panels and related material from the manufacturer, who has indicated that delivery will take five to six weeks. DCP anticipates receiving the materials by mid- August, at which time DCP will begin installation of the panels. Because the enclosure will surround the engine, the finished structure must also include safety features for the protection of DCP's employees and contractors, and will require additional electrical power to be brought to the site. The construction phase is anticipated to last approximately four weeks, although the exact schedule depends upon a number of variables, including electrical utility upgrades. Based upon the foregoing, we anticipate the construction schedule to reflect the following: 1. Boring for foundation piers to completed by August 17, 2007. 2. Concrete to be poured no later than August 22, 2007HtBIT 1 p Irerristh rtes 1 --Oc5k WITWER, OLDENBURG, BARRY &JOHNSON, LLP 3. Installation of cooler silencer and engine/compressor enclosure to commence by August 27, 2007. 4. Installation of enclosure completed by September 7, 2007 5. Completion of remaining work, including electrical components, by September 14, 2007. Based upon the report of our sound engineer, DCP is highly confident that the enclosure will reduce the sound levels below the thresholds established by the Commission. If you have any additional questions regarding this matter, please do not hesitate to contact me. Very truly yours, WITWER Q ,DENBURG BARRY�HN "),LLP 7atrick M room PMG/zah Hello