HomeMy WebLinkAbout20021220 HEARING CERTIFICATION
DOCKET NO. 2002-31
RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT#1280 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY(AMINE PLANT
AT THE PLATTEVILLE COMPRESSOR STATION)INCLUDING OIL AND GAS SUPPORT
SERVICES IN THE A(AGRICULTURAL)ZONE DISTRICT-KERR-MCGEE GATHERING,
LLC
A public hearing was conducted on May 8, 2002, at 10:00 a.m., with the following present:
Commissioner Glenn Vaad, Chair
Commissioner David D. Long, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Robert D. Masden - EXCUSED
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Carla Angeli
Health Department representative, Trevor Jiricek
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated April 19, 2002, and duly published April 24, 2002,
in the Tri-Town Farmer and Miner and the Greeley Tribune, a public hearing was conducted to
consider the request of Kerr-McGee Gathering, LLC, for a Site Specific Development Plan and
Amended Use by Special Review Permit #1280 for a Mineral Resource Development Facility
(Amine Plant at the Platteville Compressor Station) including Oil and Gas Support and Services in
the A (Agricultural)Zone District. Lee Morrison, Assistant County Attorney, made this a matter of
record. Chair Vaad advised Jim Wason, applicant's representative, that he has the option of
continuing this matter to a date when the full board will be present. However, if he decides to
proceed today, it will require three affirmative votes, or in the case of a tie vote, Commissioner
Masden will listen to the record and make the determining vote. Mr.Wason indicated he would like
to proceed today.
Carla Angeli, Department of Planning Services, presented a brief summary of the proposal and
entered the favorable recommendation of the Planning Commission into the record as written. Ms.
Angeli stated the original permit was approved on October 4, 2000, and she gave a description of
the location and surrounding uses. She stated the applicant intends to construct and operate an
Amine Plant which removes excess carbon dioxide from the compressed natural gas stream and
enables the gas to meet pipeline specifications for delivery to other processing plants. Ms. Angell
stated they will construct two towers, one pump building,one cooler skid,one storage building, and
two bulk storage tanks. She stated ten referral agencies reviewed this case,four did not respond,
two indicated no conflict with their interests, and four responded favorably with proposed
Conditions. She further stated two surrounding property owners expressed concern regarding
noise, gas emissions, and additional impacts from the new equipment. She stated the applicant
2002-1220
C G . FL /1(. (09) tabu PL1436
HEARING CERTIFICATION - KERR-MCGEE GATHERING, LLC (AMUSR #1280)
PAGE 2
has made a diligent effort to work with the surrounding property owners and address their
concerns. Ms. Angeli stated the applicant has conducted tests to study ways of minimizing noise,
and submitted a new Odor Management Plan. She stated the applicant has also submitted a new
Air Pollution Emissions Permit to the Colorado Department of Public Health and Environment. A
well is utilized as a water source for restrooms and cleaning of equipment, and bottled water will
be used for drinking. Ms. Angeli stated the site is accessed from Weld County Road 37, which is
not maintained by the County; however, there is a Nonexclusive License Agreement, which was
approved by the Board on March 25, 2002.
Don Carroll, Department of Public Works, stated the applicant has met all of the proposed
requirements from the Department of Public Works, and the recently approved Nonexclusive
License Agreement, reflects the new property owner's name. Trevor Jiricek, Weld County
Department of Public Health and Environment, stated he has received numerous noise complaints
on this site, and Phil Brewer, Department of Public Health and Environment, was sent to conduct
inspections.
Mr. Brewer stated he has been contacted by the Murrays on several occasions complaining of
excessive noise generated by the existing facility. He stated he took measurements of the sound
levels and the readings obtained from the Murray property, as well as various other locations
around the Kerr-McGee property, have all been less than 60 decibels, with the highest reading at
58 decibels. In response to Commissioner Jerke, Trevor Jiricek, Department of Public Health and
Environment, stated 50 decibels is similar to the sound from light traffic 100 feet away. In response
to Commissioner Geile, Ms. Angeli stated there are compressor stations currently on the site, and
the amine plant will be added if this proposal is approved. Commissioner Geile commented there
is no way to know what the decibel readings will be until the new equipment is constructed.
Mr. Wason stated the compressor station has been in place for two years, and this application will
extract carbon dioxide from natural gas,which must be removed before it can be delivered to other
plants. Mr. Wason indicated the location of the property and where the new Amine plant will be
situated. He stated they have submitted Noise and Odor Plans in accordance with the Conditions
of Approval for this permit,and they have agreed to conduct additional noise and odor studies once
the new equipment is in place. Mr. Wason reviewed an overhead, marked Exhibit F, regarding
sound measurements and the various modifications made to help reduce the noise. He stated all
of the readings are below the residential level of 50 decibels, as well as in compliance with
Industrial regulations. In response to Commissioner Geile, Mr. Wason stated after the equipment
is installed he does not think there will be a measurable difference in the noise level. He further
stated the carbon dioxide emission is subject to Air Permit regulations. He stated they are currently
in compliance, and their application for an Air Permit is being reviewed and must be approved prior
to construction.
Roy Wardell, surrounding property owner, stated the numbers displayed by the applicant are
averages and do not reflect the peak readings. Mr. Wardell also expressed concern with the
potential for health hazards caused bythe release of toxic gases from the facility. He stated the
compounds are released directly into the atmosphere,without scrubbers,and added he spoke with
a State agent who suggested the County impose stricter requirements through this permit. He
stated the applicant is very near to surpassing the allowed amounts of emissions, and he is
concerned with the long-term effects of this facility.
2002-1220
PL1436
HEARING CERTIFICATION - KERR-MCGEE GATHERING, LLC (AMUSR#1280)
PAGE 3
Roy Murray, surrounding property owner, stated the stacks face his home and he did not oppose
the original permit because the applicant assured his family that they would not be affected by the
plant operations. He stated he has suggested some noise control measures which he used during
his career in an aeronautical profession, which have not been followed, and approval of this
application will contribute to an existing problem. Mr. Murray also expressed concern with
measuring the odor and noise levels once the new Amine plant is constructed. He stated any
negative impacts will be difficult to oppose at that point.
Jody Murray, surrounding property owner, stated she was assured by the applicant that the facility
would be very quiet, therefore, she did not attend the initial meetings. She stated there have been
times the readings measured between 60 and 80 decibels, depending on wind and temperature
conditions. She further stated the noise seems to be worse at night,and she is concerned with the
effects of pollution generated by the facility. Ms. Murray stated the applicant did offer to have air
conditioning installed in her home; however, she declined because it does not really address the
problem.
Patrick Flin, Environmental Affairs Agent for Kerr-McGee,stated a draft permit has been submitted
to the Colorado Department of Public Health and Environment, which would regulate the air
emissions from this plant. He stated it contains specific limits on the volumes of emissions allowed
from all of the equipment at this facility, not just the Amine plant. He further stated the facility is
currently in compliance with all of its existing permits, and this site is not a major source of air
pollution. He stated they have specific limits on how to operate the plant, and they must do
quarterly testing of emissions. He further stated carbon dioxide is not a regulated air pollutant, and
although carbon monoxide is regulated, the emissions of that compound are very low, and the
applicant will also be monitoring the emissions of all compounds. Mr. Flin reiterated that the State
Air Permit must be approved prior to construction,the Odor Plan has been submitted, and they will
also be regulated by State odor requirements. There being no further comments, Chair Vaad
closed public testimony.
Mr. Wason stated the applicant has been working on the noise issue with the Murrays for two
years, and he reviewed the costs for various improvements made to help reduce noise.
Jeff Geiler, applicant's Noise Engineer, stated he took measurements at the tank battery closest
to the Murray's house. Mr. Geiler reviewed the methodology of measuring sound for the record,
and stated he also conducted some overnight tests; however, they are not very accurate because
they detect other surrounding noises. (Switched to Tape #2002-17.) From the audience Ms.
Murray commented that she requested week-long monitoring at night to get a consistent reading
for noise generated in the area. In response to Commissioner Geile, Mr. Wason reiterated the
applicant has conducted nighttime monitoring; however,the readings are more difficult to average
because they must determine any factors that may have interfered with the readings. Responding
further to Commissioner Geile, Mr. Flin explained the three general compounds emitted are
nitrogen oxides, carbon monoxide, and organic compounds. He stated these emissions are
regulated by Federal and State criteria, and in this case the analysis determined the emissions are
non-major and do not require additional controls to protect the health and safety of the public. He
further stated it is unlikely a State official would recommend the County impose stricter regulations
because the State usually assumes primacy on these types of regulations.
2002-1220
PL1436
HEARING CERTIFICATION - KERR-MCGEE GATHERING, LLC (AMUSR #1280)
PAGE 4
Chair Vaad commented the applicant has provided adequate testimony indicating they do comply
with the existing standards of air pollutants, and although there is still noise, it is within the allowed
levels of the Use by Special Review Permit. He further stated the applicant has invested more than
$250,000 in an attempt to address the noise concerns expressed by Mr. Murray.
Bob Justice, Plant Manager, stated Mr. Murray gave no specific proposals; however, his
suggestions have been centered around solutions used in the aeronautical field, which is not
consistent with this type of operation. He stated the applicant's consultants have made progress
by reducing the decibel level to 50, which resulted in a 99 percent reduction in sound energy.
In response to Chair Vaad, Mr. Lawson stated he and the applicant have reviewed and agree with
the Conditions of Approval and Development Standards. Responding to Commissioner Geile, Mr.
Jiricek stated this is a minor source of air pollution. He explained according to State and Federal
rules, a major source is one that exceeds 10 tons of hazardous air pollutants. He commented this
application is only 170 pounds short of qualifying as a major source; however, the applicant has
agreed to continue monitoring,and the State Permit Engineer indicated they cannot enforce control
equipment until the limit is exceeded; however, the Board may through this permit. He further
stated Section 23-103, C.R.S., outlines standards in various zoning districts and times, currently
there are no violations, and the site is in compliance with the industrial standards.
Commissioner Jerke moved to approve the request of Kerr-McGee Gathering, LLC, for a Site
Specific Development Plan and Amended Use by Special Review Permit #1280 for a Mineral
Resource Development Facility (Amine Plant at the Platteville Compressor Station) including Oil
and Gas Support and Services 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. The motion was seconded by Commissioner
Long. Commissioner Jerke commented the State has primacy for Air Pollution, the applicant has
invested more than $250,000 on equipment for mitigating noise, and the facility is located in a rural
area which is rich with oil and gas resources. Commissioner Geile commented he supports the
motion because the applicant has asserted a strong effort to mitigate noise issues, and has agreed
to continue to work with the neighborhood. He stated although the emissions from the plant are
approaching levels that will require additional control equipment, they are currently in compliance.
Chair Vaad commented he supports the motion and appreciates the attempts of the applicant to
work with the neighborhood and reduce the noise levels. He stated he is sympathetic to the
neighbors because there is a noise issue, and compounds that are released from the plant. He
stated he does not feel it is appropriate for the County to enforce additional controls because that
should be done at the State level. There being no further discussion, the motion carried
unanimously, and the hearing was completed at 11:20 a.m.
2002-1220
PL1436
HEARING CERTIFICATION - KERR-MCGEE GATHERING, LLC (AMUSR#1280)
PAGE 5
This Certification was approved on the 13th day of May 2002.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD
� r� /
ATTEST: , t/�/ia ; j:_ ,
:"."-.44,‘.:('- ; GI: ' Vaad, Chair
Weld County Clerk to th!Bo, ; " i \ I
�_ l� ��
,a >J / Davi. ./Loo,L•7 Pro- e
BY: :AZ w �i � t
Deputy Clerk to the Boa V `*.,/
. J. ile
TAPE #2002-16 and #2002-17 L '//k."
William H. Jerke
DOCKET#2002-31 EXCUSED
Robert D. Masden
2002-1220
PL1436
EXHIBIT INVENTORY CONTROL SHEET
Case AMUSR#1280 - KERR-MCGEE GATHERING, LLC
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 03/19/2002)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Photo of sign posted on site
F. Applicant Noise/Odor Management Plans and copies
from Overhead presentation
G. Public Works Staff Memo to Planning, Site Map, Copy of
Nonexclusive License Agreement
(03/25/2002)
H.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
i
{ 1
/ 6 /
.t. _..
2 .,
_ .,
E . { / \ / $ t \ _ ®
• - gigi
O 0 _ oo
2 {=
. 0@ 4
k - a
k2 t
0• a a a/
\ \ c .-8-'
a
\ ® \ &
)
7 / \ ® q22 \ \ � N
C j ~ � \� "
o / . ` ���
t� \ w . . • a
u x
LIJ \�\
re \� / / \ ate ,
LIJ lli ,
O k # ~ P \ � /k J , f t
o a Cl) ( \ k ~ ` $
9 S
z 2 � � / i % \ \ 2 � _
« k ■ z $ ) / - \ ) &
h. 2 § CO
X et
° m = § m \ / % r
h 2 0 C k \ \ / / -
§ k w 2 ) * 2 \ G
co 4S -
co 2ie
r.
_I - § O.
li G�
o \ " p ! 3 $ , %
al k CV? / % ® S /
« 0 0 p } / ~ ,
co * Ik w l /
22 \ j LLI
co< k \ te § \ � �
I o 0 _I z _, - y /�
Hello