HomeMy WebLinkAbout20043146.tiff HEARING CERTIFICATION
DOCKET NO. 2004-94.A
RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT#991 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING
AN OIL AND GAS PROCESSING FACILITY, IN THE A (AGRICULTURAL) ZONE
DISTRICT - DUKE ENERGY FIELD SERVICES
A public hearing was conducted on November 17, 2004, at 10:00 a.m.,with the following present:
Commissioner Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner M. J. Geile
Commissioner David E. Long
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Kim Ogle
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated October 8, 2004, and duly published October 13,
2004, in the Fort Lupton Press, a public hearing was conducted on October 27, 2004, to consider
the request of Duke Energy Field Services for a Site Specific Development Plan and Amended Use
by Special Review Permit#991 fora Mineral Resource Development Facility, including an Oil and
Gas Processing Facility, in the A(Agricultural)Zone District. At said hearing, at the request of the
applicant,the Board deemed it advisable to continue the matter to November 17,2004,to allow the
applicant additional time to evaluate methods to mitigate operational noise to surrounding property
owners. At said hearing on November 17,2004,Lee Morrison,Assistant County Attorney, made this
a matter of record. Kim Ogle, 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. He stated the existing facility is located on two acres, and he gave a brief description of
the location and surrounding uses. Mr.Ogle stated the original Use by Special Review Permit was
obtained by Associated Natural Gas, Inc., in 1992, and the property was later acquired by Duke
Energy Field Services in 1995. He stated since that time Duke Energy has worked to upgrade and
increase production at this facility. He stated they currently provide bottled water for the employees
and there is no sewage disposal facility. The site is accessed from Weld County Road 40,and the
interior of the site is surfaced with gravel and graded. Mr. Ogle stated eight referral agencies
reviewed this proposal;six responded with comments that have been addressed in the Conditions
of Approval and Development Standards,and staff received a letter of concern from a surrounding
property owner regarding noise generated at the site. He stated the applicant has applied for,and
finalized, Building Permits for the electrical work, he submitted a memorandum, proposing
modifications to the Conditions#1.G and#1.H,marked Exhibit Q,and reviewed photographs of the
area and facility. In response to Chair Masden, Mr. Ogle stated the applicant added three new
compressors, for a total of six, as well as a sound barrier wall on the east side nearest the
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surrounding property owner who submitted the complaint. Responding to Commissioner Jerke,Mr.
Ogle stated it has been approximately one and one-half years since the Planning Commission heard
this case, during which time the applicant has been working to mitigate noise issues.
Char Davis, Department of Public Health and Environment,stated there are two office buildings on
the site that do not have permitted septic systems,and she is recommending the applicant provide
a permanent water source since employees work on the site. She stated Phil Brewer, Department
of Public Health and Environment,took sound readings in 2003, and since that time the applicant
has made some significant changes to address the issue. Responding to Commissioner Vaad,Ms.
Davis stated she originally wanted the applicant to install a septic system,and she was not involved
with the modifications proposed by Planning. Mr. Ogle stated he modified the language based on
the referral comments provided by the Health Department. Responding to Commissioner Vaad,Ms.
Davis stated a vault system is also considered a septic system, and bottled water would be
acceptable if they do not have running water.
Donald Carroll, Department of Public Works,stated his last inspection was done in January 2003.
He stated the site is bordered by Weld County Roads 40 and 55, which have a lot of oil and gas
traffic; however, there is limited general traffic. He stated the site has two accesses, employee
vehicles will be required to park on the site,and the applicant will be required to maintain historical
stormwater flows from the site to ensure the neighboring properties do not experience adverse
impacts. In response to Commissioner Jerke, Mr.Carroll stated staff did receive a complaint from
the property owner to the east regarding road conditions;however,that was during the construction
phase on the property. He stated due to the amount of activity taking place,they did send a grader
to improve the situation.
Tim Clancy, Witwer, Oldenburg, Barry and Johnson, LLP, represented the applicant and stated
there is no permanent water supply currently at the site. He stated there are portable toilets and
bottled water,which are adequate because the employees are only there for short periods of time,
and this is considered an un-manned site.
Joe Kuchinski, Manager, reiterated this is an un-manned facility, which they monitor and control
remotely. He displayed a PowerPoint presentation,marked Exhibit R,and stated Duke Energy has
seven plants and 13 satellite facilities in Colorado. Mr. Kuchinski reviewed the presentation
Summary, natural gas processing, and Purpose slides, and requested a modification to
Development Standard#7 to state,"The facility shall adhere to the maximum permissible noise level
allowed in the Industrial Zone District as delineated in the applicable regulations of the Colorado Oil
and Gas Conservation Commission." He stated the modifications at the site comply with all of the
Development Standards in the existing Use by Special Review Permit,and he reviewed the changes
and progress made, including installing new equipment to mitigate noise, abiding by the existing
road agreement,and maintaining a well-designed and modern facility. He stated they have no plans
to expand the facility's capacity; however,that will be driven by the needs of their customers, and
any substantial changes will require an additional amendment process. Mr. Kuchinski displayed
photographs of the site and equipment. Commissioner Geile questioned whether Duke Energy has
tariffs on file with the Colorado Public Utilities Commission regarding the transportation of natural
gas. Mr. Kuchinski stated Duke Energy does have jurisdiction pipelines, but they are not located in
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Weld County. He stated they sell and transfer natural gas to other customers using the lines to
Public Service, CIG and Greeley Gas. He further stated 80 percent of their customers pay the
transport fees,and the remaining 20 percent are instances where Duke Energy markets or sells the
gas, arranges and pays for the transport, and is later reimbursed on the sales price. Responding
further to Commissioner Geile, Mr. Kuchinski stated the middle man,such as Public Service,CIG,
or Greeley Gas, as subject to the jurisdiction of the Colorado Oil and Gas Commission, and Duke
Energy has no city gates or distribution facilities in Colorado. In response to Commissioner Geile,
Mr. Clancy stated the Colorado Revised Statutes and the Oil and Gas Conservation Commission
allow for the same decibel level in the Industrial Zone District; however,the Commission regulations
also provide an alternate means of measurement by taking readings 25 feet from the site perimeter
or from the closest structure. He stated the facility operates at around 70 decibels at the property
line, which is approximately one-quarter of a mile from the nearest residence. He further stated
Myrtle Thompson owns the residence on the property; however,she does not live there,and Duke
Energy leases the property from her. Mr. Clancy stated the applicant hired an independent
consultant to take measurements from the Hanson property following the complaint,and the facility
was found to be in compliance. Responding to Commissioner Geile, Mr. Kuchinski stated the
towers shown in the pictures are engine exhaust stacks that meet the new air quality requirements,
they have also installed equipment to reduce Volatile Organic Compounds (VOC's), and all the
storage is pressurized. In response to Commissioner Long, Mr. Clancy read the Oil and Gas
Conservation Commission noise reading requirement for the record. Mr. Morrison stated the Oil
and Gas Conservation Commission is currently reviewing its noise standard, and it also tends to
be less stringent that State statute. He stated it may present an issue if the preemption argument
is made relative to local control when considering potential modifications. He further stated the
standard is in flux,therefore,the Board does not really know what it is agreeing to. Commissioner
Jerke stated he understands the noise standard is in a state of flux, and the County has a Planner
on the task force to try and determine what the noise standards will be and act as a delegate to
voice the County's opinion in the matter before the Oil and Gas Commission. Mr. Kuchinski clarified
they are also agreeable to the Statute noise regulation if that is the preference of the Board.
No public testimony was offered concerning this matter. In response to Chair Masden, Mr.Clancy
stated he and the applicant have reviewed and concur with Conditions of Approval and Development
Standards as proposed,with the exception that the applicant would prefer to provide portable toilets
and bottled water for the employees. He also stated regardless of which regulation is followed,
Development Standard #7 should be modified to delete the word "light" because the facility is
currently allowed to operate at the Industrial noise level. He clarified that by removing the word
"light", the facility will still be covered under the same Statute reference. In response to Chair
Masden, Mr. Clancy reviewed the noise readings taken at the facility after the noise reduction
modifications were installed, and with six compressors on the site. Responding to Chair Masden,
Mr. Kuchinski stated they did not install new noise equipment on the existing compressors because
they are enclosed within structures. Commissioner Geile commented he has no concern with
removing the word "Light" and the Board concurred. Responding to Commissioner Long, Mr.
Kuchinski stated the total engineering and installation costs for the new equipment was
approximately$425,000. In response to Mr.Carroll,Mr. Kuchinski reiterated the site is considered
un-manned; however, they do make periodic runs to the facility for maintenance or respond to
alarms. He explained it is monitored remotely from the Roggen Plant, and the only steady stream
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of traffic is two to four trucks per day to haul out condensation liquids from the site, depending on
the season. In response to Chair Masden, Mr. Kuchinski stated they launch remotely and have two
receiver stations at this site,which is how they manager the fluids in the pipeline. He reiterated the
fluids are pressurized at this facility, so there are no flash vapor emissions.
Commissioner Vaad commented portable toilets appear to be adequate for sanitary purposes at this
facility, and although bottled water is not permanent, it is an adequate water supply. Ms. Davis
stated the application materials indicated there would be five operators and mechanics to maintain
the site, but when she inspected the site during construction, there was a lot of additional activity
taking place. She stated she would prefer a vault system; however, if this facility is un-manned,
portable toilets would be acceptable. She expressed concern that the County Code only allows for
portable toilets during temporary uses for up to six months. She stated the Planning Commission
proposed the language reflected in the Draft Resolution; however,she will work with the applicant
in either case based on the Board's direction. In response to Commissioner Vaad, Mr. Morrison
stated,to date,the word"temporary"is used in reference to living quarters in recreational vehicles
or mobile work sites, not short term visits to a permanent site. Commissioner Vaad stated he is
agreeable to allowing portable toilets and bottled water for this facility,therefore,Conditions#1.G and
#1.H need to be revised accordingly. Ms. Davis proposed deleting the first sentence of Condition
#1.G, and modifying the remainder to state, "A portable, adequate sewage disposal system and
hand washing system shall be provided for sanitary purposes. Written evidence of compliance shall
be submitted to the Department of Planning Services from the Environmental Health Services
Division." The applicant concurred with the proposed change.
Commissioner Jerke moved to approve the request of Duke Energy Field Services for a Site
Specific Development Plan and Amended Use by Special Review Permit#991 for a Mineral and
Resource Development Facility, including an Oil and Gas Processing 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
also included modifying Condition#1.G to state,"A portable,adequate sewage disposal system and
hand washing system shall be provided for sanitary purposes. Written evidence of compliance shall
be submitted to the Department of Planning Services from the Environmental Health Services
Division," modifying Condition #1.H as shown in Exhibit Q, with the exception that the word
"permanent"be deleted,and deleting the word"Light"from Development Standard#7. The motion
was seconded by Commissioner Vaad, and it carried unanimously. There being no further
discussion, the hearing was completed at 11:10 a.m.
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This Certification was approved on the 22nd day of November 2004.
APPROVED:
.11 IF,11,_, ��/(/� BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLORADO
ft‘" G
a AT-IT
: Robert D. Masden, Chair
Weld = Clerk to the Board
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N-�==-,-.--- William H. rke, Pro-Tem
BY: -e�
Deputy Clerk to he Board %`rte/rt.;
c.
� M. J. eile
TAPE#2004-52 EXCUSED DATE OF APPROVAL
David E. Long
DOCKET#2004-94
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Glenn Va
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EXHIBIT INVENTORY CONTROL SHEET
Case AmUSR #991 - DUKE ENERGY FIELD SERVICES
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 04/01/2003)
D. Clerk to the Board Notice of Hearing
E. David L. Adams Associates Inc. Letter re: Noise Level Measurements
(03/31/2003)
F. Health Staff Memo re: Noise Level Readings
(04/03/2003)
G. Applicant Letter re: Action to be taken re: noise levels
(06/16/2003)
H. Applicant Letter re: Authorize George Courcier to
Execute Documents on behalf of Duke
Energy (08/12/2003)
I. D. L. Adams Associates, Inc. Letter re: Sound levels at Marla Compressor
Station (08/20/2004)
J. Applicant Letter re: Plan to Mitigate Noise (08/21/2003)
K. Wilbanks Resources Corporation Letter re: Updated DMS Report (07/29/2004)
L. Planning Staff Memo re: Continuance, dated 10/27/2004
M. James, Cristi, Tyler and Nichole Brick Letter of Concern, dated 11/15/2004
N. Stacie Halfman Letter of Concern, dated 11/16/2004
O. Kenneth and Theresa Cure Letter of Concern, received 11/17/2004
P. Planning Staff Certification and Photo of sign posting
Q. Planning Staff Memo re: Modification to Conditions of
Approval, dated 11/17/2004
R. Applicant PowerPoint Presentation
S.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 27TH DAY OF OCTOBER, 2004:
DOCKET#2004-92 - USR#1474 - GARY AND CAROL VANDER WAL
DOCKET#2004-94- AM USR#991 - DUKE ENERGY FIELD SERVICES
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 17TH DAY OF NOVEMBER, 2004:
DOCKET#2004-99 -SAMUEL AND CYNTHIA CLARK
DOCKET#2004-94 - DUKE ENERGY FIELD SERVICES, INC.
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
-1? LA/A) C4 F-2? 7T(_/ ;± . c 7 4,o 6,e,e /ty y 3)
77icX y,07 /2c y' .77L"' /4v c ,-• gc94.s/
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