HomeMy WebLinkAbout20190086EXHIBIT INVENTORY CONTROL SHEET
Case USR18-0099 - BONANZA CREEK ENERGY OPERATING COMPANY, LLC,
CIO DCP OPERATING COMPANY, LP
Exhibit Submitted By Description
A. Planning Commission Resolution of Recommendation
B. Planning Commission Summary of Hearing (Minutes dated 12/4/2018)
C. Planning Services PowerPoint Presentation
Language to include for Draft Reso (received
D. Hayley Balzano 12/05/2018)
E. Patrick Groom Noise Study (dated 12/17/2018)
F. Clerk to the Board Email string regarding continuance (dated 12/18/2018)
G. William Danks Opposition emails (dated 11/12/2018 & 12/27/2018)
H. Patrick Groom Continuance email (received 01/18/2019)
I. William Danks Email correspondence (dated 11/12/2018-01/19/2019)
J. William Danks Email correspondence (dated 11/12/2018-01/19/2019)
K. William Danks Email correspondence (dated 11/12/2018-01/19/2019)
L. William Danks Email correspondence (dated 11/12/2018-01/19/2019)
M. William Danks Email correspondence (dated 11/12/2018-01/19/2019)
Email correspondence responding to the continuance
N. William Danks notification (dated 11/12/2018-01/22/2019)
O. William Danks Email correspondence (dated 11/12/2018-01/22/2019)
P. William Danks Email correspondence (dated 01/31/2019)
Q. William Danks Email with complaint draft (dated 02/06/2019)
Letter and Memorandum regarding withdraw (received
R. Applicant and Staff 03/24/2019)
S.
T.
U.
V.
W.
2018-0086
EXHIBIT
U5g 16 -03399
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•
WELD COUNTY ADMINISTRATION BUILDING
1150 "G" Street • Greeley, CO 80631
at !-ILarini3 :vizi!
Bonanza Croak Energy Operating Company
cio OCP Operating Company. LP. 3026 4'^ Avenue, Greeley CO
A Site Specific Development Plan and Use by
Special Review Permit for Mineral Resource
Development Facilities, Oil and Gas Support and
Service. Natural Gas Compressor facility, and one
(1) up to one hundred (100) feet in height secure
communications tower; a temporary laydown and
storage yard, and up to eight (8) construction office
trailers and sixteen (16) conex for use during the
construction of the facility in the A (Agricultural)
Zone District.
Access from County Road 59 looking east into property
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Isabella Juanicorena
From:
Sent:
To:
Cc:
Subject:
Follow Up Flag:
Flag Status:
Hello
Hayley Balzano
Wednesday, December 5, 2018 8:15 AM
Isabella Juanicorena; Selena Baltierra
Kim Ogle
USR18-0104 and USR18-0099 on 12/19/2018
Follow up
Flagged
Could I possibly get the conditions of approval for USR18-0104 and USR18-0099 about a road maintenance agreement
updated to say 'during construction'?
Thank you!
Hayley Balzano
Engineer I
Weld County Public Works
1111 H Street
P.O. Box 758
Greeley, CO 80632-0758
(970) 400-3738
hbalzano@weldgov.com
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.
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1
WaveEng ineering
December 17, 2018
Mr. Paul Park
DCP Midstream
3026 4th Avenue
Greeley, Colorado 80631
Acoustics, Noise & Vibration
Re: DCP Prairie Compressor Station — Noise Study
Wave #1957
Dear Paul,
I have completed an evaluation of noise from the proposed DCP Prairie Compressor Station that
will be located southeast of the intersection of Weld County Roads 50 and 59.
To study the noise from the Prairie compressor station, we used sound data from measurements
at DCP,s Rocky and Crossroads compressor stations and manufacturer supplied sound data to
predict future noise levels. I understand that the Prairie facility will be similar to the Rocky and
Crossroads facilities.
As currently designed the predicted noise levels at the USR boundary lines meet the permissible
sound levels of Weld County for Industrial areas. We identified additional mitigation measures
to reduce noise levels to meet the daytime Residential/Commercial limit of 55 dBA, but the
nighttime limit of 50 dBA would be exceeded at part of the east and north boundary. It may be
possible to further reduce noise levels to meet the nighttime Residential/Commercial limit
around the entire boundary, but further analysis would be required to determine if meeting the
nighttime limit is feasible.
Weld County Noise Regulation
The allowable noise levels around the site have not yet been set by the Weld County
Commissioners, but we are comparing the predicted noise levels to the current Weld
County permissible noise level limits for Residential/Commercial areas.
The Weld County Code, Chapter 14, Article IX includes maximum permissible noise
levels for Industrial, Residential/Commercial, and Unspecified areas.
■
1100 W. Littleton Blvd. #420
Littleton, CO 80120
720 -446 -WAVE (9283)
www.WaveEngineering.US
Mr. Paul Park
December 17, 2018
Page 2
The Industrial Area limits are 80 dBA during the daytime and 75 dBA during nighttime
hours (9:00 p.m. to next 7:00 a.m.).
The Residential/Commercial limits are 55 dBA during the daytime and 50 dBA during
nighttime hours (9:00 p.m. to next 7:00 a.m.).
We evaluated the project noise levels and compared them to both the 55 dBA and the 50
dBA limit at the USR boundary.
Predicted Sound Levels at Prairie Compressor Station
I used Datakustik CadnaA noise prediction software to calculate noise levels from the proposed
Prairie facility. The software takes into account sound that radiates from the equipment, the
effect of the terrain, buildings, berms, and atmospheric conditions. The calculations are done
according to the methodology of ISO Standard 9613-2: Acoustics — Attenuation ofsound during
propagation outdoors, Part 2: General method of calculation. This is an international standard
for predicting noise transmission outdoors. It assumes downwind conditions in all directions.
This is not possible in reality, but gives more of worst case prediction.
The model was created using equipment layout drawings, site plans, topographic maps, and
aerial photos of the site. The sound source data used for Prairie equipment was taken from sound
measurements at DaP's Rocky and Crossroads compressor stations, and on sound data provided
by the equipment manufacturers. Figure 1 shows the site layout overlaid on an aerial image from
Google Maps.
The noise predictions include the low -noise cooler fans that are currently installed at Crossroads,
the turbine -compressors enclosed in a building, silencers on the turbine exhaust, insulation on the
inlet slug catcher and its inlet piping, insulation on the turbine exhaust, and the 16' precast wall.
The 16' tall precast concrete wall is currently shown on the drawings around the perimeter of the
compressor station pad. The predicted sound levels from the future Prairie compressor station are
shown in Figure 1 below.
The noise level contours are shown every 5 dBA. For example, the Light Brown contour
indicates where the predicted noise level is 55 dBA. and the Yellow contour indicates 50 dBA.
Outside of the Yellow contour, the noise level is below 50 dBA. The sound levels are predicted
at 5' above the ground. The predicted noise levels do not take into account background noise
from traffic or other sources.
Sound levels at selected locations on the USR Boundary and at the nearest homes are called out
on the figures.
1100 W. Littleton Blvd. #420
Littleton, Co 80120
720 -446 -WAVE (9283)
www.Wav►eEng ineering.US
LEGEND
n
I
Mr. Paul Park
ecember 17, 2018
Page
CR 50
mean. tl L''p� ti.7r. L'_'�. "_'t iy ual tuisid '. Li1P. -wan Jr•A mere
USR BOUNDARY
FIGURE 1: NOISE LEVEL CONTOURS - CURRENT DESIGN
-3 Ls.
• ordwia clam= 1 , pwL— .-- rnk .Intr.^me -^.I• --ti',t=
PRAIRIE
COMPRESSOR
STATION
USR BOUNDARY
:53
dBA
40 dBA
45 dBA
50 €IBA
55 dBA
60 (RA
65 dBA
70 dBA
75 dBA
The noise level is at or below 55 dBA along the north, south, and west boundaries, but there are
two small areas on the east boundary that are above 55 dBA (shown on Figure 1 at 59 and 60
dBA). Additional mitigation is needed to achieve the daytime Residential/Commercial limit of
55 dBA.
1100 W. Littleton Blvd. #420
Littleton, CO 80120
720 -446 -WAVE (9283)
www.WaveEngineering.US
Mr. Paul Park
ecember 17, 2018
Page 4
About two-thirds of the USR boundary is below the nighttime limit of 50 dBA+
The sound levels at the nearest homes are at 44 dBA or lower.
Additional Noise Mitigation
The dominant noise source that influences the sound level at the east USR boundary is the inlet
slug catcher and associated piping*
While the inlet slug catcher is already planned to be insulated, you could gain additional noise
reduction by increasing the insulation thickness and doubling the lagging thickness. Another
option is to close the two openings in the 16' wall on the east side and at the entry gate.
The additional insulation or wall can reduce the noise level at the east boundary to 55 dB. The
noise contours with the additional insulation on the inlet slug catcher and its inlet piping are
shown in Figure 2 below. Closing the wall openings would have a similar effect.
1100 W. Littleton Blvd. #420
Littleton, CO 80120
720 -446 -WAVE (9283)
www.WaveEngineering.US
LEGEND
i
I
S
Mr. Paul Park
ecember 17, 2018
Page 5
FIGURE 2: NOISE LEVEL CONTOURS — AFTER ER ADDITIONAL MITIGATION
TI
WCR 50
ray..r. it. ;in e. CudL:, minca_a _.chart. IJACieieartrt.&nh nievu
USR BOUNDARY
I
own rd.CY:alCrislA I. ••,:, fir a tiyu+Sycya}
54
dBA
PRAIRIE
COMPRESSOR
STATION
USR BOUNDARY
40 CIBA
45 dBA
50 dBA
55 dBA
60 dBA
65 dBA
70 dRA
75 dBA
With the additional mitigation on the inlet slug catcher, the noise level is at or below the daytime
Residential/Comrnercial limit of 55 dBA at the entire USR boundary. The sound level is below
50 dBA at approximately 75% of the USR boundary.
The sound levels at the nearest homes are at 43 dBA or lower.
1100 W. Littleton Blvd. #420
Littleton, CO 80120
720 -446 -WAVE (9283)
www.WaveEngineering.US
Mr. Paul Park
December 17, 2018
Page 6
Reducing the noise level to 50 dBA all around the USR boundary will require significantly more
mitigation and further analysis to determine if it is feasible. It is likely that noise from the inlet
slug catcher, the Glycol Reboiler stack, gas piping between the compressor building and coolers,
and the turbine exhaust will all require additional mitigation.
Conclusions
The predicted noise levels meet the Weld County Industrial permissible noise levels as designed,
but the Residential/Commercial limits are exceeded in two areas on the east USR boundary. We
have identified additional noise mitigation measures to reduce noise levels to meet the daytime
Residential/Commercial limit of 55 dBA, but further analysis is needed to determine if meeting
the nighttime limit of 50 dBA is feasible.
The noise levels at the nearest homes are significantly below the Residential/Commercial
nighttime limit of 50 dBA.
Please let me know if you have any questions or want to discuss this further.
Sincerely,
Jeff
Kwolkoski
Digitally signed by Jeff Kwolkoski
DN: cn=Jeff Kwolkoski, o=Wave
Engineering, Inc„ €u,
email=jeffk@WaveEngineering.co
c=US
Date: 2018.12.17 11:36:30 -0700'
Jeff Kwolkoski, P.E., INCE Bd. Cert.
President
•
1100 W. Littleton Blvd. #420
Littleton, Co 80120
720 -446 -WAVE (9283)
www.Wav►eEng ineering.US
Selena Baltierra
From:
Sent:
To:
Cc:
Subject:
Hi Esther,
Selena Baltierra
Tuesday, December 18, 2018 4:42 PM
Esther Gesick
Isabella Juanicorena
USR18-0099
I was just notified by Kim that this case is going to be continued tomorrow. DCP has requested the next date
possible, he asked if we could do it next week or when the next date in 2019 would be. With Kris Ranslem on
the phone. we mentioned 1/16 as a date. However, he said the date will not be decided for sure until tomorrow
at the hearing. They want to decide on a date based on the number of SPOs that show, so the more SPOs the
further out they want the date. I think it would be best if we can send an email to the Board and maybe Kim on
dates that would work for the future.
I can talk to you about it more in the morning.
Thank you!
S&Ie7/71-a/ 8attt�nw
Deputy Clerk to the Board
Weld County
1150 O Street
Greeley, CO 80631
tel: 970-400-4217
sbaltierra(weldgov. corn
sbaltierra@co.weld.co.us
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended
o nly for the person or entity to which it is addressed and may contain information that is privileged, confidential
o r otherwise protected from disclosure. If you have received this communication in error, please immediately
n otify 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.
1
Selena Baltierra
From
Sent.
To:
Cc:
Subject
Kim Ogle
Wednesday, December 19, 2018 9 31 AM
Selena Baltierra
Esther Gesick
RE DATES FOR USR18-0099
Looking like they will want to move forward on 12-26
Thanks to you both
Kim
From: Selena Baltierra
Sent: Wednesday, December 19, 2018 9 24 AM
To: Kim Ogle <kogle@weldgov corn>
Cc: Esther Gesick <egesick@weldgov corn>
Subject: DATES FOR USR18-0099
Good Morning,
Just to get you the dates before the hearing
December 26th
January 16th
January 23rd
March 6th
See you at the hearing?
Sek4aa, Salt ra'
Deputy Clerk to the Board
Weld County
1150 O Street
Greeley, CO 80631
tel 970-400-4217
sbaltierra@weldgov corn
sbaltierra ?co weld co us
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
1
Selena Baltierra
From:
Sent:
To:
Cc:
Subject:
Bruce Barker
Friday, December 28, 2018 8:45 AM
CTB
Commissioners; Tom Parko Jr.
FW: contact info
Need to include this in the record for USR 18-0099. Thanks.
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "O" Street
Greeley, CO 80632
(970) 356-4000, Ext. 4390
Fax: (970) 352-0242
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 attorney privileged and
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.
Original Message
From: William Danks <wcdanks@edanks.com>
Sent: Thursday, December 27, 2018 5:09 PM
To: Bruce Barker <bbarker@weldgov.com>; Park, Paul D <PPark@dcpmidstream.com>; Kim Ogle
< kogle@weldgov.com>; Sean Conway <sconway@weldgov.com>; Bruce Barker <bbarker@weldgov.com>;
Julie Cozad <jcozad@weldgov.com>; Mike Livengood <mlivengood@weldgov.com>; Mike Freeman
< mfreeman@weldgov.com>; Steve Moreno <smoreno@weldgov.com>; edmillage@comcast.net;
tsilvy@greeleytribune.com; uwwc@unitedway-weld.org; info@unitedwaydenver.org;
info@unitedwayfoothills.org; Weld District Attorney <weldda@co.weld.co.us>: Barney Hammond
< Barney.Hammond@pdce.com>; Andrew Fiske <Andrew.Fiske@pdce.com>; mlacis@irelandstapleton.com;
jsilvestroirelandstapleton.com; Barbara Kirkmeyer <bkirkmeyer@weldgov.com>; me@scottkjames.com;
Scott James <sjames@weldgov.com>
Subject: Re: contact info
Caution: This email originated from outside of Weld County Government. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
To: Paul Park as agent for Bonanza, Weld County Commissioners, and Weld County Attorney Barker
Motion to Disqualify County Commissioners Moreno, Conway, Cozad, Freeman, Kirkmeyer and County
Attorney Barker from participating in the Commission hearing on Bonanza Application USR 18-0099.
The disqualification is for the following reasons.
1
1 The December 19, 2018 final hearing on Bonanza Application
USR 18-0099 was postponed under circumstances which raise serious issues concerning the Commissioners'
abilities to render a fair and impartial decision on the merits of the application
2 Article 3 of the Colorado Constitution and the common law on
conflicts (discussed in my email dated November 11, 2018, a copy of which is reproduced below) prohibits the
Commissioners from making judicial decisions while also making legislative and executive decisions on the
same subject matter
The undisputed facts on #1, are as follows
Sometime prior to December 19, 2018, Attorney Groom had communications with Weld County officials
requesting a continuance of the December 19 hearing One or more of the Weld County Commissioners
advised the clerks that the December 19 hearing would be postponed until December 26 None of the many
opponents to the December 19 hearing were informed that there would be a continuance Some opponents
attended
the hearing Prior to December 19 and without any public disclosure,
the Commission agreed to the postponement of December 19 and tentatively agreed to a December 26
hearing date At no time during the public hearing on December 19 did Attorney Groom give to the
Commissioners any reason for requesting the continuance, such as an evidence problem due to the
unavailability of a supporting witness on December 19 and that witness's availability on December 26
Based on these undisputed facts, it is highly likely that Attorney Groom during communications with Weld
County officials learned which Commissioners would be present on December 19 and which Commissioners
would be present on December 26 With this information, Attorney
Groom could determine whether Application USR 18-0099 would be
defeated on December 19 and passed on December 26 With a sworn
affidavit, Attorney Groom should state whether this likelihood is an undisputed fact
On December 19, 2018, unaware of the above undisputed facts, I arrived for the scheduled hearing before the
Commissioners on Bonanza Application USR 18-0099 At the entry to the hearing room, I looked for a copy of
the agenda so that I could determine when the Commission would hear the Bonanza Application Finding no
Agenda posted, I went to the office of the Clerk for the Commission There a group of three clerks told me that
the Bonanza Application had been postponed at the request of Attorney Groom and that it was going to be
rescheduled for December 26, 2018 I stated that neither I nor any of the other neighbors protesting the
application had heard about the postponement and that we were present for the hearing I further said that my
wife and I would not be able to come on December 26 One of the clerks stated that we could ask the
commissioners for a different date
I proceeded to the hearing room and met with Attorney Groom I asked Attorney Groom why he had not given
any of the protestors any advance notice that he had requested a postponement and a re -scheduling to
December 26 He gave no response I then asked him whom he had contacted at Weld County to secure the
postponement After some hesitation, he said Kim Ogle (Planner with the Planning Department who
was assigned to this Application) I told Attorney Groom that we
could not attend on December 26, to which he gave no response
Following a recess, three Commissioners chaired by Commissioner Kirkmeyer and joined by Commissioners
Cozad and Freeman, re -convened and called the 10 a m docket The docket consisted of the Bonanza
Application and the Applications of three other companies All four applications were seeking an industrial use
in an agriculture zone under the USR (Use for Special Review) procedure
At this time, Commissioner Kirkmeyer asked all four applicants to come forward Attorney Groom stepped
forward and identified himself as attorney for DCP Midstream Attorneys (or representatives, it was unclear
which) for the other three applicants (Rocky Mountain Midstream LLC for USR 18-0098, DJ South Gathering
LLC for USR 18-0099, and USR 18-0140 for Outrigger DJ Operating, LLC) stepped forward
2
Commissioner Kirkmeyer told them that since there were only three Commissioners present, they had the
option to proceed or not proceed
She explained that if they did proceed, each of their applications would have to receive the approval of all three
commissioners present (Kirkmeyer, Cozad and Freeman) in order for the application to be granted (In the
Clerk's office, none of the three clerks had mentioned anything to me about the number of Commissioners who
would be attending the hearing or the number of affirmative votes which would be required to approve an
application )
Despite being told that a negative vote by any of the three Commissioners present would cause their
applications to be denied and without an opportunity to discuss this "new" news with their clients, the other
three applicants stated without any hesitation that they wanted to proceed Attorney Groom, also without any
hesitation or need to discuss with his clients, stated that he as attorney for DCP Midstream did not want to
proceed and wanted Application USR 18-0099 postponed to December 26
All of this gave the appearance that none of this was "new" news to any of the four companies who had
applications scheduled for final decision on December 19 All four gave the appearance that they had
previously considered the situation and knew exactly what they were going to do, i e go forward with the three
commissioners or rather in the case of Mr Groom, not go forward and ask for a postponement to December
26
My wife, Noblet Danks, then raised her hand and she spoke in opposition to the continuance, stating inter alia,
that Attorney Groom did not have the legal authority to speak for Bonanza or the legal authority to ask for a
postponement of Bonanza's Application She stated that she and other opponents of the application were
present in the hearing room and wanted to have the hearing that they had come for She did not state what we
had stated to the three clerks in the clerk's office, that we would be unable to attend on December 26
Commissioner Kirkmeyer appeared ready to grant the December 26 date but Commissioner Cozad spoke,
saying that December 26, the day after a major holiday, might possibly be difficult for some to attend
Commissioner Kirkmeyer then asked for a show of hands from the protesting neighbors to indicate who would
be unable to attend on December 26 A number raised their hands CommissionerKirkmeyer then called on
Attorney Groom who again reiterated that he wanted the hearing on December 26 and Commissioner Cozad
indicated her disagreement to December 26 perhaps by only turning toward Commissioner Kirkmeyer Chair
Kirkmeyer then cut-off further discussion and called for an immediate vote on a postponement to a hearing
date of January 23, 2019 All three commissioners then voted in favor of the postponement to January 23,
2019
On December 19, all three Commissioners (Kirkmeyer, Cozad and Freeman) voted in favor and thus the
Commission approved the other three applications for Use by Special Review to place an industrial use on
property zoned for agriculture (Commissioners Moreno and Conway not participating since they were absent
on December 19 ) Thus, the "immediate" decision to proceed of the other three oil companies turned out to be
the correct decision for those three companies One would think that their clients would have been terribly
upset if the decision to proceed turned out to be a bad decision since, from all appearances at the hearing,
the decision to proceed was made without any real consultation with their clients
On December 26, 4 of the 5 Commissioners were present, Moreno, Kirkmeyer, Cozad and Freeman
Commissioner Conway was again absent
These four Commissioners considered two more applications for Use by Special Review — one being approved
and one being referred back to the Planning Department
At no time on December 19 did Attorney Groom state to me in our private discussions that he was requesting a
postponement because of a witness who could not be present on December 19 but could be present on
December 26 Nor did he give to me any other evidentiary problem on December 19 which motivated him to
ask for a continuance of the date
From the facts disclosed, Attorney Groom spoke, prior to December 19, with either a Commissioner or with
Attorney Bruce Barker or with Planner Kim Ogle or with another Weld County official to seek a postponement
3
He did not advise any of the application's opponents of that conversation It appears likely that during that
conversation, he somehow learned which Commissioners were going to be present on December 19 and
which Commissioners were going to be present on December 26 He did not share what he learned with the
application's opponents Somehow, he then made a determination that the Commissioners present on
December 19 would deny the application and that the Commissioners present on December 26 would grant
the application
The appearance if not the actual fact of the postponement is as
follows Attorney Groom concluded sometime before December 19
that Commissioner Cozad would vote against the Bonanza application on December 19 and the application
would thereby be denied Attorney Groom further concluded sometime before December 19 that at the
Commission hearing on December 26, three Commissioners, (Kirkmeyer, Freeman and Moreno) would vote
for the Bonanza application and it would be approved
Based on the appearance if not the actual fact of serious concerns about the integrity of any decision by the
present Commissioners, I request that all of the facts concerning the postponement and any communications
between Attorney Groom and any Weld County official or employee concerning Application USR 18-099 after
December 5, 2018 be made public
Public statements are needed from at least the following Attorney Groom, County Attorney Barker,
Commissioner Kirkmeyer, and Commissioner Cozad
These statements should be made either at a hearing under oath and subject to cross examination or at a
minimum by sworn affidavit
Furthermore, the three clerks who very honestly stated to us in the Clerk's office when we sought to get an
agenda for the December 19 proceedings that the Bonanza Application had been postponed from December
19 to December 26 and said that we could ask the Commissioners for a different date since we could not be
present on December 26, should not be punished in any manner They were being courteous public servants
In addition to the grounds stated above, some of the other grounds for the disqualification are set forth in my
email which was sent on December 11, 2018 A copy of the email is reproduced below This is a serious legal
argument based upon Article III of the Colorado Constitution and the common law conflicts of interest which
disqualify a person from sitting in a judicial capacity such as the one which the Commissioners propose to hold
on January 23, 2019 on Bonanza application USR 18-0099
If either Weld County Government or Bonanza disagrees to this motion for disqualification, a thoughtful legal
brief should be written in opposition at this time and before any hearing by the Commissioners
Bill Danks
From William Danks <wcdanks@edanks com>
Date Tue, Dec 11, 2018 at 1 23 PM
Subject Re contact info
To <ppark@dcpmidstream corn>, <kogle@weldgov corn>, Mike Freeman <mfreeman@weldgov corn>, Sean
Conway <sconway@weldgov corn>, Steve Moreno <smoreno@weldgov corn>, Julie Cozad
<jcozad@weldgov corn>, Bruce Barker <bbarker@weldgov corn>, Mike Livengood
<mlivengood@weldgov corn>
DCP Representative Paul Park, Weld County Commissioners, County Attorney Barker,
All of the arguments stated in this chain of emails are submitted in opposition to the Application of DCP which
is scheduled to be heard by the Weld County Commissioners on December 19, 2018
4
In addition, I object any and all of the Weld County Commissioners acting as the judicial decision makers in
deciding whether or not to approve the DCP Application
The structure of the Weld County government in which the Commissioners act in a judicial, executive and
legislative capacity violate the separation of powers They cannot sit as an impartial and fair tribunal to decide
the judicial question of the application because of their past actions in this matter as a legislative and
executive body
Furthermore, I object to County Attorney Barker advising or assisting in any manner the Commissioners or any
other person or persons who sit in a judicial capacity to make an ultimate decision on the application of DCP
because of the County Attorney's conflict of interest in representing the Weld County Commissioners in their
legislative and executive functions of first enacting the zoning laws and then implementing those zoning laws
In addition to the common law conflict of interest of the Commissioners acting in a judicial role following their
legislative and executive roles, the Commissioners are disqualified by virtue of Article 3 of the Constitution of
Colorado which states
"Art III Distribution of Powers
The powers of the government of this state are divided into three distinct departments, --the Legislative,
Executive and Judicial, and no person or collection of persons charged with the exercise of powers properly
belonging to one of these departments shall exercise any power properly belonging to either of the others,
except as in this Constitution expressly directed or permitted "
Furthermore, I object to the DCP application because Weld County Attorney Barker has failed to provide the
information needed in order for me to fully object to the application and because DCP has failed to provide the
information which I requested from DCP
In the alternative, I request that the hearing be postponed until the information is provided
I have received no response from Paul Park nor anyone else on behalf of DCP to these emails Therefore the
arguments made in these emails stand uncontested by DCP
Bill Danks
</mlivengood@weldgov com></bbarker@weldgov com></jcozad@weldgov com></smoreno@weldgov com><
/sconway@weldgov com></mfreeman@weldgov com></kogle@weldgov com></ppark@dcpmidstream corn><
/wcdanks@edanks corn>
On Sat, Dec 22, 2018 at 4 28 PM William Danks <wcdanks@edanks corn> wrote
>
> To Weld County Commissioners
>
> Motion to Dismiss Application USR 18-0099
>
> The Weld County Commissioners should dismiss this Application On the
> face of the Application, the application cannot be granted
>
> This application is merely a hypothetical case Bonanza is not
> authorized to build an interstate pipeline or a pumping station in
> connection with that pipeline The Federal Energy Regulatory
> Commission (FERC) regulates interstate pipeline companies Bonanza is
> not an interstate pipeline company
>
5
> As stated on the FERC web page at
>
> https //urldefense proofpoint com/v2/url'?u=https-3A_www ferc gov_indu
> stries_gas_indus-2Dact_pipelines asp&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA
> &r=wL9Nb2PYfNQT6pAa8gB-2pw_tzT6gUOf1 NBE1 CGhLTw&m=SCXLowlIa3WOAaoBDl8K_
> eluWisiUBrpGhwxgDPMbvA&s=mjRuOO7nLE_Sv7_XjG3trhytg72Qu6Dc_5BzGhLMN7M&e
>=
>
> "FERC reviews applications for construction and operation of
> interstate natural gas pipelines under authority of section 7 of the
> Natural Gas Act FERC review ensures that applicants certify that they
> will comply with Department of Transportation safety standards "
>
> Furthermore, DCP has no ownership interest in this property which
> would allow it to build a pumping station even if this Application is
> granted
>
> The Application of Bonanza refers to two parcels Bonanza owns both
> parcels The Application only seeks to build on one of the two
> parcels Therefore, the other parcel should not be part of any
> application and should under all circumstances remain in its present
> zoning of agricultural
>
> This Application should be dismissed as it was a hypothetical case
> when the application was filed
>
> Stated bluntly, Attorney Patrick Groom has created a fictional
> application through his misuse of the legal doctrine of "agency" An
> agent acts on behalf of a principal The principal is Bonanza On
> behalf of Bonanza, Paul Park as an individual was appointed as an
> agent for Bonanza Paul Park filed the Application as the agent for Bonanza
> This is clearly stated in the Application
>
> The Agenda for December 19, 2018 states Bonanza Creek Energy
> Operating Company, LLC, c/o DCP
> Operating Company, LP The "c/o DCP Operating Company, LP" is a
> complete misstatement DCP Operating Company, LP has no legal right
> of any kind whatsoever in this Application
>
> In this case, the owner of the property (Bonanza) asks in its
> Application that the zoning be changed from agriculture to industrial
> so that a pumping station for an interstate pipeline can be installed
> on the land
>
> The owner of the property may appoint an "agent" to act on its behalf
>
> In this Application, Bonanza filed papers naming four different
> individual people as its agents Paul Park, Christine White, Lew
> Hagenlock, and Patrick Groom These are the agents who are named on
> the Authorization Forms found at pp 2, 3, 4 & 5 of the Application
>
> Bonanza, however, did not appoint DCP Operating Company LP as its agent
>
> The face of the Application states that if an agent is filing on
> behalf of a company (such as Bonanza), there must be a document signed
> under oath before a notary, that the person signing on behalf of
6
> Notary has the authority to appoint an agent to act on behalf of the
> company For example, the wording of the Application form requires a
> statement such as "I as President of Bonanza do solemnly swear
> before the undersigned Notary that I am authorized to appoint an agent
> to act on behalf of Bonanza and do hereby appoint Paul Park to make
> this Application on behalf of Bonanza "
>
> The Application in this case states in pertinent part as follows
>
> "APPLICANT OR AUTHORIZED AGENT (see below Authorization must
> accompany all applications signed by Authorized Agents)
>
> Name Paul Park
>
>
>
> "Signatures of all fee owners of property must sign this application
> If an Authorized Agent signs, a letter of authorization from all fee
> owners must be included with the application If a corporation is the
> fee owner, notarized evidence must be included indicating that the
> signatory has to (sic) legal authority to sign for the corporation
>
> "Signature Owner or Authorized Agent
>
> "Paul D Park"
>
> There is no "notarized evidence" from Bonanza Creek Operating Company
> LLC stating that Paul D Park has the "legal authority to sign for the
> corporation
>
> The only evidence submitted in support of appointing Paul Park as
> agent, is the Authorization Form
> However, the Authorization Form for Paul Park, was not signed under
> oath before a notary and the person signing it as owner does not swear
> that he has the authority to appoint an agent for Bonanza
>
> The Authorization form has an illegible handwritten signature (
> possibly Maxwell Faith) with the printed handwriting "Attorney in
> Fact"
>
> In addition to the fact that the signature was not before a notary,
> the records of the Colorado Supreme Court of attorneys who are
> licensed in the State of Colorado, has no listing for an attorney by
> the name of Maxwell Faith See
>
> https //urldefense proofpoint com/v2/url2u=http-3A_coloradosupremecou
> rt com_Search_AttSearch asp&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=wL9Nb2
> PYfNQT6pAa8g6-2pw_tzT6gUOf1 NBE1 CGhLTw&m=SCXLowlla3WOAaoBDl8K_eluWisiUB
> rpGhwxgDPMbvA&s=ee7zTzEKneCI0n3I gUvNyyLOIB930hQEuN5axglttLY&e=
>
> As an additional reason for dismissing the Application, no one
> appeared on behalf of Bonanza on the date of December 19, 2018 when
> the application was scheduled for final hearing before the
> Commissioners
>
> At the hearing on December 19, 2018, Attorney Groom asked for a
> postponement of the hearing He made this request as the Attorney for
> DCP Operating Company, LP not on behalf of Bonanza
>
> While AttorneyGroom could have stated that he appeared at the
> Planning Commission hearing on Dec 4, 2018 as an attorney for Bonanza
> and at the December 19, 2018 hearing, it is probable that he does not
> have a written fee agreement with Bonanza which would enable him to
> represent Bonanza under the rules governing attorneys Regardless, he
> did not appear as attorney for Bonanza
>
> Since no one on behalf of Bonanza said anything at the December 19,
> 2018 hearing, the application should have been dismissed at that time
> for failure of anyone to appear on behalf of the applicant
>
> In addition, the Application should be dismissed because when the
> Application was filed, it presented merely a hypothetical situation
>
> At the time that the application was filed
> 1 DCP had no ownership interest in the property which would allow it
> to build a pumping station on the property, 2 There was no grant of
> authority from Bonanza to DCP to build a pumping station for Bonanza,
> and 3 Even if there would have been such a grant of authority for DCP
> to build a pumping station for Bonanza, Bonanza in not an interstate
> pipeline company and in not permitted under FERC to build and own a
> pumping station on an interstate pipeline It is also probable that
> Bonanza has violated FERC regulations by even filing this application
> Nevertheless, this is all hypothetical since it is clear that Bonanza
> does not contemplate building such a pumping station This all a legal
> fiction created by Attorney Groom through his misuse and distortion of
> the doctrine of agency
>
> Bill Danks
>
>
> On Tue, Dec 11, 2018 at 12 26 PM William Danks <wcdanks@edanks corn> wrote
> > County Attorney Barker,
> > Communications to and from DCP cannot be privileged You cannot
> > possibly be the attorney for DCP so there is no attorney client
> > privilege Please obey the law
> > "All emails and all other communications (paper or digital) from
> > January 1, 2014 to November 28, 2018 to and / or from DCP Midstream
> > (and any related companies or agents including their attorneys)
> > which are contained in The Office of the Weld County Attorney "
> > Attorney Barker, you have a pattern of violating the Open Records Act
> > See your refusal to supply documents in the fraudulent scheme to
> > transfer funds through United Way See also your refusal to supply
> > documents in the Martin Marietta case
> > Bill Danks
> > On Mon, Dec 10, 2018 at 5 10 PM Bruce Barker <bbarker@weldgov corn> wrote
>>>
> > > Mr Danks
>>>
> > > I received your check in the sum of $120 last Thursday
>>>
> > > The emails and other communications you request are privileged The Board of County Commissioners
does not wish to waive the privilege Privileged records are exempt from inspection pursuant to CRS 24-72-
204(3)(a)(IV) Therefore I will be sending your check back via U S Mail
>>>
> > > Bruce T Barker, Esq
> > > Weld County Attorney
>> > P O Box 758
> > > 1150 "O" Street
> > > Greeley, CO 80632
> > > (970) 356-4000, Ext 4390
> > > Fax (970) 352-0242
>>>
>
>>>
> > > 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 attorney
privileged and 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
>>>
> > > Original Message
> > > From William Danks <wcdanks@edanks corn>
> > > Sent Friday, November 30, 2018 8 44 AM
> > > To Bruce Barker <bbarker@weldgov corn>
> > > Cc PPark@dcpmidstream corn, Kim Ogle <kogle@weldgov corn>, Sean
> > > Conway <sconway@weldgov corn>, Julie Cozad <jcozad@weldgov corn>,
> > > Mike Livengood <mlivengood@weldgov corn>, Mike Freeman
> > > <mfreeman@weldgov corn>, Steve Moreno <smoreno@weldgov corn>
> > > Subject Re contact info
>>>
> > > Caution This email originated from outside of Weld County Government Do not click links or open
attachments unless you recognize the sender and know the content is safe
>>>
>>>
> > > Mr Barker,
>>>
> > > In order to have at least some of the documents before the hearing on Dec 4, 2018, I am amending my
Open Records Act request to only records contained in your County Attorney Office I am also placing in the
mail to you today a check for $120 Hopefully, the record search of your office can be completed so that I can
at least have your records by the time of the hearing Thus, the changed portion of my Open Records Request
reads as follows
>>>
> > > "To Custodian of Records County Attorney Bruce Barker
>> >>
> > > > Weld County Government
>>» 1150OSt
> > > > Greeley, CO 80631
>> >>
> > > > Dear County Attorney Bruce Barker
>> >>
> > > > Pursuant to the Colorado Open Records Act § 24-72-201 et seq ,
> > > > I request that you make available for inspection and copying the
9
> > > > following public records
>> >>
> > > > 1 All emails and all other communications (paper or digital) from January 1, 2014 to November 28,
2018 to and / or from DCP Midstream (and any related companies or agents including their attorneys) which
are contained in The Office of the Weld County Attorney "
>>>
> > > The remainder of the request reads the same
>>>
> > > Bill Danks
>>>
>>>
>>>
> > > On Thu, Nov 29, 2018 at 8 43 AM Bruce Barker <bbarker@weldgov com> wrote
>> >>
> >> Mr Danks
>> >>
> > > > I have forwarded your request to Ryan Rose, Director, Weld County Information Technology, to collect
the records you have requested Ryan estimates doing this work will take him approximately 3 hours I will
then need to review the records to determine if they are "public records," pursuant to CRS 24-72-202(6) If
they are "public records" according to that definition, I will then determine if they are subject to inspection in
accordance with CRS 24-72-203 and 24-72-204 I expect my review will take about 2 hours All told, I
estimate the time Ryan and his staff and I will spend to comply with your request will be 5 hours Pursuant to
CRS 24-72-205(6)(a), the first hour is free, but each hour spent thereafter is to be charged at $30 per hour
Please see Item 6 in the attached Appendix 5-D from the Weld County Code which explains the fee schedule
The total will be $120 That amount must be paid in advance of any further time being spent by Ryan and his
staff and by me Payment should be made payable to "Weld County, Colorado "
>> >>
> > > > Please let me know if you have any questions
>> >>
> > > > Bruce T Barker, Esq
> > > > Weld County Attorney
>>>>PO Box 758
>> >> 1150 "O" Street
> > > > Greeley, CO 80632
> > > > (970) 356-4000, Ext 4390
> > > > Fax (970) 352-0242
>> >>
>> >>
>> >>
> > > > 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 attorney
privileged and 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
>> >>
> > > > Original Message
> > > > From William Danks <wcdanks@edanks com>
> > > > Sent Wednesday, November 28, 2018 8 33 AM
> > > > To PPark@dcpmidstream corn, Kim Ogle <kogle@weldgov corn>, Sean
> > > > Conway <sconway@weldgov corn>, Bruce Barker
> > > > <bbarker@weldgov corn>, Julie Cozad <jcozad@weldgov corn>, Mike
> > > > Livengood <mlivengood@weldgov corn>, Mike Freeman
> > > > <mfreeman@weldgov corn>, Steve Moreno <smoreno@weldgov com>
> > > > Subject Re contact info
>> >>
10
> > > > Caution This email originated from outside of Weld County Government Do not click links or open
attachments unless you recognize the sender and know the content is safe
>> >>
>> >>
> > > > To Custodian of Records County Attorney Bruce Barker, Weld
> > > > County Commissioners, Weld County Planner Kim Ogle
» »>
> > > > > Weld County Government
»»>1150OSt
> > > > > Greeley, CO 80631
»»>
> > > > > Dear County Attorney Bruce Barker, Weld County Commissioners,
> > > > > Weld County Planner Kim Ogle
»»>
> > > > > Pursuant to the Colorado Open Records Act § 24-72-201 et
> > > > > seq , I request that you make available for inspection and
> > > > > copying the following public records
»»>
> > > > > 1 All emails and all other communications (paper or digital) from January 1, 2014 to November 28,
2018 to and from DCP Midstream (and any related companies or agents including their attorneys and agents)
and
> > > > a The Office of the Weld County Attorney b Any of the Weld
> > > > County Commissioners c The Weld County Planning Department
» »>
» »> >
> > > > > If you are not the custodian of records for this request,
> > > > >please forward this letter to the appropriate person or let me
>> >> >know which
> > > > > person(s) has custody of these records I request a waiver of
> > > > >all fees for searching or copying these records in that the
> > > > >disclosure of the requested information is in the public
> > > > >interest and will contribute significantly to the public's understanding
> > > > > This information is not being sought for commercial purposes
> > > > >lf there are any fees for searching or copying these records,
> > > > >please inform me if the cost will exceed $30
> > > > > Please set a date and hour, within three working days
> > > > >following receipt of this letter, at which time the records
> > > > >will be made available for inspection, as required by §
> > > > >24-72-203(2), C R S If access to these records will take
> > > > >longer, please cite the extenuating circumstances and let me
> > > > >know when I should expect copies or the ability to inspect the requested records
> > > > > I ask that records available in electronic format be
> > > > >transmitted by email to wcdanks@edanks com
> > > > > If you deny any portion, or all, of this request, please
> > > > >provide me with a written explanation of the reason(s) for your
> > > > >denial, including a citation to each specific statutory
> > > > >exemption you feel justifies the refusal to release the
> > > > >information and notify me of the appeal procedures available to
> > > > >me under the law If you conclude that portions of the records
> > > > >that I request are exempt from disclosure, please release the
> > > > >remainder of such records for inspection and copying, redacting
> > > > >only the portion or portions that you claim are exempt Thank you for considering my request
» »>
> > > > > Sincerely, William C Danks
> > > > > (970) 395-0495]
> > > > > wcdanks@edanks com]
11
> > > > On Sat, Nov 24, 2018 at 4 47 PM William Danks <wcdanks@edanks corn> wrote
»»>
>>>>>Paul,
»»>
> > > > > I have not heard from you since our telephone conversation on Nov
»»>12
> > > > > - "Great talking to you Look forward to talking to you again "
»»>
> > > > > We are rapidly approaching the Dec 4 hearing date There is a
> > > > > lot of information which I need from you in order to be
> > > > > prepared for the hearing
» »>
» »>
» »>
» »>
» »>
» »>
» »>
» »>
» »>
» »>
» »>
In this case, I see two major issues
1 Should DCP (in conjunction with all of the oil drilling
companies) have filed an application to essentially make a new
zoning map for Weld County instead of using the site by site re -zoning approach?
2 Assuming that this application is not dismissed for failure
to file for a comprehensive re -zoning for the entire project,
what are the defects in the present application
In this email, I will outline issue 1 above
> > > > > From the information on the web page for DPS Midstream, it is
> > > > > clear that at least by late 2014, DCP had a master plan for
> > > > > the Grand Parkway including and surrounding Greeley The
> > > > > Grand Parkway is a
> > > > > 62 mile pipeline around Greeley to transport all of the
> > > > > natural gas which would be produced by all of the wells
> > > > > drilled within and outside of the circle This project
> > > > > required DCP to learn from each of the drilling companies
> > > > > where they planned to drill their wells and the expected
> > > > > out -put of natural gas from each of the wells It further
> > > > > required co-ordination with the company (NGL) which would
> > > > > dispose of the "produced fluid" in injection wells and the
> > > > > tanker trucks to carry this "produced fluid" to the injection
> > > > > wells from the well sites It further required co-ordination
> > > > > with suppliers of water to be used in the drilling and sites
> > > > > for the disposal of the "drilling mud " If further required co-ordination for the massive impact on the
public roads
» »>
> > > > > Thus, please provide all of the information which DPS obtained
> > > > > from all of the drilling companies etc which was used by DCP
> > > > > in preparing this massive project and the actual plans of DCP for the project
> > > > > Please also provide all communications with all of the
> > > > > governmental entities within the area of the Grand Parkway,
> > > > > e g the City of Greeley and all of the other municipalities
> > > > > and Weld County Government Also, please also provide all
> > > > > communications with the regulatory agencies of the State of
> > > > > Colorado concerning this massive project
» »>
> > > > > Please also provide the names and case numbers of all of the
> > > > > applications filed by DCP Midstream for Special Use Permits Sec
> > > > > 23-2-200 -Uses by Special Review
» »>
> > > > > Please also provide names and case numbers of all of the
> > > > > TWOGLA (WELD OIL & GAS LOCATION ASSESSMENT) applications
12
> > > > > These well drilling sites are also clearly industrial uses
> > > > > These drilling sites are now containing over twenty (20) tanks
> > > > > and other equipment which is far different than the one tank
> > > > > and one separator needed for the old horizontal wells which had four wells on 160 acres
» »>
> > > > > The Grand Parkway including all of the wells, processing plants etc
> > > > > are clearly industrial uses The existing Weld County Zoning
> > > > > Map does have certain land in Weld County designated for industrial use
> > > > > However, the vast majority of this massive project is in areas
> > > > > which are zoned agricultural, with a lesser amount in areas
> > > > > zoned commercial or residential Instead of the some 100+
> > > > > applications for Special Use and TWOGLA (WELD OIL & GAS
> > > > > LOCATION ASSESSMENT) , a new or vastly amended zoning plan for
> > > > > Weld County should have been made and this application should
> > > > > be denied for failing to conform to the master zoning plan
» »>
> > > > > The arguments made by the Ireland Stapleton law firm in their
> > > > > Opening Brief in the Martin Marietta case are incorporated by
> > > > > reference A copy of the brief is found at
»»>
> > > > > https //urldefense proofpoint com/v2/url'7u=http-3A_clr-2D34 o
>>>>>rg_mar
» »>ti
> > > > > n-2Dmanetta-2Dhwy34-2Dproject_appeal-2Dto-2Dthe-2Dco-2Dcourt-
» »>2Dof-2
» »>Da
> > > > > ppeals_&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=ymel0MiGv999gMR2uK
>> » > PQmIMu
» »>eL
> > > > > zFpzjsdP5OXag8_a8&m=Y92g1 KHQAZ7LHwNtVFfQgRHMghw7wiiD5KIWcs0Ywo
> > > > > E&s=iA of AHUZ9rKupRGEZdOyE4FjPbjEbWiPgT5vINLgNok&e=
» »>
> > > > > The use of all of the special exceptions constitute a
> > > > > violation of the State, County and municipal laws on zoning
> > > > > They further violate the US Constitution and Colorado clauses
> > > > > on equal protection and due process They further violate the
> > > > > US Constitution and State Constitution on taking of private
> > > > > property --- land owners under threat of condemnation have
> > > > > sold easements in connection with this massive project without
> > > > > knowing the full impact of the entire project on their property
» »>
» »>
> >> > Bill Danks
» »>
> > > > > On Fri, Nov 16, 2018 at 1 58 PM William Danks <wcdanks@edanks com> wrote
>> >> >>
>> >> » Re USR18-0099
>> >> >>
> > > > > > Paul, it was also great talking to you
>> >> >>
> > > > > > Since we talked last Monday, I have probably spent 15-20
> > > > > > hours reading all of the news releases, investor articles
> > > > > > and other information on the DCP Midstream web page The web page is an excellent resource
>> >> >>
> > > > > > Also, I have probably spent another 15- 20 hours on the
> > > > > > excellent Greeley County Government web page studying the
13
> > > > > > county zoning code, the Bonanza Creek (DCP) application
> > > > > > (USR18-0099), the state statutes on zoning, the Court of Appeal briefs in the Martin Marietta case
etc
> >>>»
> > > > > > When I talked with you last Monday, I did not realize the
> > > > > > size of the whole project - 62 mile pipeline loop around
> > > > > > Greeley nor where the name Grand Parkway came from Quoting
> > > > > > from the news release of American Steel Pipe at
> >>>»
> > > > > > https //urldefense proofpoint com/v2/url?u=https-3A_news am
> > > erican
» »»-2
> > > > > > Dusa com_2018_01_23_coloradograndparkway_&d=DwIFaQ&c=A8J9jb3
> > » _CIsSI
» »»at
> > > > > > ombqkDA&r=ymelOMiGv999gMR2uKPQmIMueLzFpzjsdP5OXag8_a8&m=Y92g
» »» 1KHQAZ
» »»7L
> > > > > > HwNtVFfQgRHMghw7wiiD5KIWcsOYwoE&s=JRcUgKJkbDfTA-fj0bRsouBkZx
> > » WbIc1A
» »» Nh
> > > > > > _5w-IzXnY&e=
> >>>»
> > > > > > "The Grand Parkway in Houston, Texas, is a large freeway
> > > > > > loop surrounding the city and encompassing six different
> > > > > > counties This large construction project that connects the
> > > > > > country's largest geographical metroplex is also the
> > > > > > inspiration for DCP Midstream's new 62 -mile steel pipeline in Greeley, Colorado
> >>>»
> > > > > > "AMERICAN Steel Pipe is being used in the DCP Grand Parkway
> > > > > > system, which is aimed at relieving traffic and efficiently
> > > > > > moving unprocessed gas in its existing gathering system
> >>>»
> > > > > > "Just as Houston's Grand Parkway is intended to relieve
> > > > > > traffic, DCP's Grand Parkway system is aimed at relieving
> > > > > > traffic and efficiently moving unprocessed gas in its existing gathering system
> >>>»
> > > > > > "Grand Parkway gives us options and variability in
> > > > > > minimizing impacts during down service time," said DCP
> > > > > > Midstream Senior Project Manager Steve Nelson "It improves
> > > > > > our system reliability and aids in keeping field pressures consistent across our gathering system "
> >>>»
> > > > > > Essentially the project encompasses a circle for the
> > > > > > development of gas wells with the City of Greeley at the center of the circle
> > > > > > I found the map provided by DCP at the following link to be
> > > > > > very helpful in understanding this expenditure by DCP of
> > > > > > $395 million - a figure that does not even begin to cover
> > > > > > the cost of all the wells drilled within the circle
> >>>»
> > > > > > https //urldefense proofpoint com/v2/url'?u=https-3A_www dcp
> >> » midstr
» »»ea
> > > > > > m com_dcpmidstream_media_DCP_Pdfs_Mewbourn3-5FFact-5FSheet-5
> >> » FFinal
> >>>>> p
> >>>>> df&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=ymelOMIGv999gMR2uKPQm
14
> >> » IMueLz
»»» Fp
> > > > > > zjsdP5OXag8_a8&m=Y92g1 KHQAZ7LHwNtVFfQgRHMghw7wiiD5KIWcsOYwoE
> > > > > > &s=VIO 3y pzgUxFaMSdD0S1 NAac1 LfWk4dc8Z7P6gxd9T4o&e=
>> >> >>
> > > > > > "Mewbourn 3 is a cryogenic natural gas processing plant in
> > > > > > the DJ Basin Mewbourn 3 will be DCP's tenth plant in the
> > > > > > basin Located at the existing site of DCP's Mewbourn Gas
> > > > > > Plant, Mewbourn 3 will foster the development of oil and gas
> > > > > > resources in Weld County by expanding and enhancing natural
> > > > > > gas gathering and processing services in the area The
> > > > > > Mewbourn 3 project also includes the next phase of the Grand
> > > > > > Parkway low pressure gathering and associated compression
> > > > > > asset, which is also expected to be completed by the end of
> > > > > > 2018 The Mewbourn 3 plant will connect to the Front Range
> > > > > > Pipeline, one-third owned by DCP Midstream, for NGL takeaway
> > > > > > to Mont Belvieu, Texas Total capital investment for the plant and associated gathering is expected
to be up to $395 million "
>> >> >>
> > > > > > My wife and I watched the 2 minute video of "Midstream 101"
> > > > > > five or six times at https //urldefense proofpoint com/v2/url?u=http-
3A_www dcpmidstream com_company_midstream-
2D101&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=ymelOMIGv999gMR2uKPQmIMueLzFpzjsdP5OXag8_a8
&m=Y92g1 KHQAZ7LHwNtVFfQgRHMghw7wiiD5KIWcs0YwoE&s=fmzCm50r20I7HNLNRFDKugdp72oH3eNF
c8iexmOC000&e=
>> >> >>
> > > > > > It was very helpful overview For one thing, I had not
> > > > > > understood the significance of "Midstream" in the company name "DCP Midstream"
> > > > > > The video provides a very good explanation of the integrated
> > > > > > system of the "Upstream" wells which are drilled by the
> > > > > > various well drilling companies, e g PDC Energy, Noble, etc
> > > > > > and the crucial role played by the "Midstream" pipeline gathering system and processing plants
>> >> >>
> > > > > > In your email, you said that you look forward to talking
> > > > > > with me again I look forward to it as well
>> >> >>
> > > > > > Will next Monday at 4 p m work for you for another 1 hour+
> > > > > > telephone discussion? I am sending a copy of this email to
> > > > > > County Planner Kim Ogle to let him know that we are discussing these issues
>> >> >>
> >> » Bill Danks
> > > > > > On Mon, Nov 12, 2018 at 5 29 PM Park, Paul D <PPark@dcpmidstream corn> wrote
» »»>
» »»> Bill
» »»>
» »»>
» »»>
> >> > > Great talking to you
» »»>
> > > > > > > Look forward to talking to you again
» »»>
» »»>
» »»>
» »»>Thanks,
» »»>
>>>>>>>Paul
15
» »»>
» »»>
» »»>
> > > > > > > DCP Operating Company LP
» »»>
>>>>>>>PaulDPark
» »»>
> > > > > > > Senior Regulatory Analyst
» »»>
> >> >> > Office 970 378 6372
» »»>
> > > > > > > Mobile 970 539 1908
» »»>
> > > > > > > Email ppark@dcpmidstream corn
» »»>
» »»>
16
WITWER, OLDENBURG, BARRY & GROOM, LLP
Attorneys at Law
822 7th Street, Suite 760
Greeley, CO 80631
STOW L. WITWER, JR.
R. SAM OLDENBURG
JOHN J. BARRY
PATRICK M. GROOM
KENT A. NAUGHTON
JOSIAH D. McLEOD
Kim Ogle
Weld County Planning Services
1555 North 17th Ave.
Greeley, CO 80631
Re: DCP Operating Company, LP
USR 18-099
Dear Kim:
January 18, 2019
VIA ELECTRONIC MAIL
TELEPHONE: (970) 352-3161
FACSIMILE: (970) 352-3165
SENDER'S EMAIL ADDRESS
PGI2OOM@WOBJLA W.COM
DCP Operating Company, LP ("DCP") wishes to request a continuance of the
Board of County Commissioners Hearing for USR 18-099 scheduled for Januar
y 23, 2019.
DCP requests that we reschedule the hearing for March 6, 2019, if possible, to allow
ow DCP
additional time to address concerns of the neighbors.
Very truly yours,
WITWER, OLDENBURG,
BARRY & C D .LLP
Patrick M. Groom
PMG/sle
Selena Baltierra
To:
Subject:
Kim Ogle
RE: contact info
Original Message
From: William Danks <wcdanks@edanks.com>
Sent: Saturday, January 19, 2019 4:44 PM
To: Bruce Barker <bbarker@weldgov.com>; Park, Paul D <PPark@dcpmidstream.com>; Kim Ogle
< kogle@weldgov.com>: Sean Conway <sconway@weldgov.com>; Bruce Barker <bbarker@weldgov.com>;
Julie Cozad <jcozad@weldgov.com>; Mike Livengood <mlivengood@weldgov.com>; Mike Freeman
< mfreeman@weldgov.com>; Steve Moreno <smoreno@weldgov.com>; edmillage@comcast.net;
tsilvy@greeleytribune.com; uwwc@unitedway-weld.org; info@unitedwaydenver.org;
info@unitedwayfoothills.org; Weld District Attorney <weldda@co.weld.co.us>; Barney Hammond
< Barney.Hammond@pdce.com>; Andrew Fiske <Andrew.Fiske@pdce.com>; mlacis@irelandstapleton.com;
jsilvestro@irelandstapleton.com; Barbara Kirkmeyer <bkirkmeyer@weldgov.com>; Scott James
< me@scottkjames.com>; Scott James <sjames@weldgov.com>; Patrick Groom <PGroom@wobjlaw.com>;
Amy Ritt <amyritt@aol.com>
Subject: Re: contact info
Caution: This email originated from outside of Weld County Government. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
To: Weld County Attorney Bruce Barker and District Attorney Michael Rourke,
On January 1, 2019. I sent an email to you, County Attorney Barker,
stating that "someone has attacked my computer." Mr. Barker, I have
received no response from you.
In a few minutes, I will forward to you my email to you dated November
28, 2018 at 8:32 a.m. and then in a few minutes after that, I will
forward your email to me dated November 29, 2918 at 8:43 a.m. Please
compare the wording of the http links in the email chain for the dates
of November 24 at 4:47 p.m. and November 16, at 1:15 p.m. You will
see that you changed the links to https://urldefense.proofpoint.com/v2/url?u=http-
3A urldefense&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=y1 xwAFik4NylzLWMIPpNxRidKiUTKHSFsiH2b
Lhi6w&m=3Z4aJXUzLmra9g 1 SLKh4IQLkgPgaM-
D5BaEW7TpKOjo&s=KePXDrtyP984QOr23ehU8x6rvCMeg0OrcE0kHhiQLvQ&e=.... Thus, when I
continued to add future emails to this chain, the recipients of my
future emails had corrupted link.
County Attorney Barker , someone attacked my computer -- was it you?
Bill Danks
17. William Danks email chain working backward from email to "Paul"
Park dated Wed. Nov 28, 2018, and with email dated Nov 28, 2018 to
"Custodian of Records ... " and with email to "Paul" Park dated Nov.
24. 2018 and with email to Paul dated Nov. 16, 2018 and email dated
Nov 12 from Paul to "Bill' Please note the links in this copy of the
1
emails will take one to the correct site. Somehow, these links same
links were changed in the following Exhibit which contains copies of
the same emails i.e. someone has attacked my computer. For example,
the link https://urldefense.proofpoint.com/v2/url?u=http-3A_clr-2D34.org_martin-2Dmarietta-2Dhwy34-
2Dproject_appeal-2Dto-2Dthe-2Dco-2Dcourt-2Dof-
2Dappeals_&d=Dwl FaQ&c=A8J9jb3_ClsSlatombgkDA&r=y1 xwAFik4NylzLWMI PpNxRidKiUTKHSFsiH2b_Lhi
6w&m=3Z4aJXUzLmra9gI SLKh4lQLkgPgaM-D5BaEW7TpKOjo&s=IMGs0y6Gtvu525Lhg7gE-
v4hAt5D8mjxcx0DvfOdiKs&e=
found in my original email dated November 24 has through this attack
been changed so that the link will now read in this email as follows:
https://urldefense.proofpoint.com/v2/url?u=http-3A clr-2D34.org_mar
tin-2Dmarietta-2Dhwy34-2Dproject_appeal-2 Dto-2 Dthe-2Dco-2Dcourt-2Dof-2
Dappeals_&d=Dwl FaQ&c=A8J9jb3_ClsSlatombgkDA&r=ymel0MiGv999gMR2uKPQmIMueLzFpzjsdP5OXag8
_a8&m=Y92g1 KHQAZ7LHwNtVFfQgRHMghw7wiiD5KIWcs0YwoE&s=iAuf
AHUZ9rKupRGEZdOyE4FjPbjEbWiPgT5vINLgNok&e=
On Tue, Jan 1, 2019 at 7:24 PM William Danks <wcdanks@edanks.com> wrote:
> To: Paul Park as agent for Bonanza, Patrick Groom as attorney for DCP,
> Weld County Attorney Bruce Barker, Weld County Commissioners.
> Re: Bonanza Application USR 18-0099 - Hearing Before Weld County
> Commissioners set for January 23, 2019
> Exhibit and Witness List of William C. Danks, 30150 CR 50, Kersey, Co. 80644
> Exhibits:
> 1. Planning Department home page for USR 18-0099 with links to
> the following exhibits 2- 11 found at
https://www.weldgov.com/departments/planning_and_zoning/current_planning_cases/december_4_2018_p_
c_hearing/
> 2. Application of Bonanza — 68 pp.
> 3. Drainage Report — 13 pp.
> 4. Lighting Plan — 3 pp.
> 5. Tower Information — 11 pp.
> 6. USR Maps — 4 pp.
> 7. Utilities — 5 pp.
> 8. Referral Comments — 15 pp.
> 9. PC Exhibits —12 pp.
> 10. Staff Report -12 pp.
> 11. Draft PC Resolution— 10 pp.
> 12. USE BY SPECIAL REVIEW (USR) PROCEDURAL GUIDE CHECKLIST (16 pp.)
2
> FOUND AT:
https://www.weldgov.com/UserFiles/Servers/Server_6/File/Departments/Planning°/020&%20Zoning/Land%20U
se%20Applications%20and%20Assistance/Land%20Use%20Applications/Applications/USR.pdf
> 13. "Midstream 101"
> https://urldefense.proofpoint.com/v2/url?u=http-3A_www.dcpmidstream.com_company_midstream-
2D101&d=DwIFaQ&c=A8J9jb3_CIsSIatombgkDA&r=y1 xwAFik4NylzLWMIPpNxRidKiUTKHSFsiH2b_Lhi6w&m
=3Z4aJXUzLmra9g1 SLKh4IQLkgPgaM-D5BaEW7TpKOjo&s=dg8BcCl4f259-
_GR7QBv3M2cogIYnkmmt5ExEIrH29o&e= and any and all
> other items on the DCP Midstream web page.
> 14. "Appellants' Opening Brief" (54 pp.) in Court of Appeals in
> "Martin Marietta" case Case No. 2017CA463 (Appeal from Weld County
> District Court Case No. 2015CV30776). This brief and other pleadings
> and court decisions can be found at
> https://urldefense.proofpoint.com/v2/url?u=http-3A_clr-2D34.org_martin-2Dmarietta-2Dhwy34-
2Dproject_appeal-2Dco-2Dthe-2Dco-2Dcourt-2Dof-
2Dappeals_&d=Dwl FaQ&c=A8J9jb3_ClsSlatombgkDA&r=y1 xwAFik4NylzLWMI PpNxRidKiUTKHSFsiH2b_Lhi
6w&m=3Z4aJXUzLmra9g1 SLKh4IQLkgPgaM-D5BaEW7TpKOjo&s=IMGs0y6Gtvu525Lhg7gE-
v4hAt5D8mjxcx0DvfOdiKs&e=
> 15. "Installation of Colorado's Grand Parkway Overcomes it All"
> Posted by American News, January 23, 2018 found at
> https://urldefense.proofpoint.com/v2/url?u=https-3Anews.american-
2Dusa. com_2018_01 _23_coloradograndparkway_&d=Dwl FaQ&c=A8J9jb3_ClsSlatombgkDA&r=y1 xwAFik4Ny
IzLWMI PpNxRidKiUTKHSFsiH2b_Lhi6w&m=3Z4aJXUzLmra9g 1 SLKh4IQLkgPgaM-
D5BaEW7TpKOjo&s=PywCs5eeW--ixbDwX6LDniNc3cLCGk18MLOtE0dObFU&e=
> 16. "Mewbourn 3 Plant and Grand Parkway" article (1 p.) found on the
> DCP web page at:
> https://urldefense.proofpoint.com/v2/url?u=https-
3A_www.dcpmidstream. com_dcpmidstream_media_DCP_Pdfs_Mewbourn3-5FFact-5FSheet-
5FFinal.pdf&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=y1 xwAFik4NylzLWMIPpNxRidKiUTKHSFsiH2b_Lhi6
w&m=3Z4aJXUzLmra9g1 SLKh4IQLkgPgaM-
D5BaEW7TpKOjo&s=jJyuR3oL5hzFM3wGcu6HmZIWi7L6c_gR2OPACUI pLHE&e=
> 17. William Danks email chain working backward from email to "Paul"
> Park dated Wed. Nov 28, 2018, and with email dated Nov 28, 2018 to
> "Custodian of Records ... " and with email to "Paul" Park dated Nov.
> 24, 2018 and with email to Paul dated Nov. 16, 2018 and email dated
> Nov 12 from Paul to "Bill" Please note the links in this copy of the
> emails will take one to the correct site. Somehow, these links same
> links were changed in the following Exhibit which contains copies of
> the same emails i.e. someone has attacked my computer. For example,
> the link https://urldefense.proofpoint.com/v2/url?u=http-3A_clr-2D34.org_martin-2Dmarietta-2Dhwy34-
2Dproject_appeal-2Dto-2Dthe-2Dco-2Dcourt-2Dof-
2Dappeals_&d=Dwl FaQ&c=A8J9jb3_ClsSlatombgkDA&r=y1 xwAFik4NylzLWMI PpNxRidKiUTKHSFsiH2b_Lhi
6w&m=3Z4aJXUzLmra9g1 SLKh4IQLkgPgaM-D5BaEW7TpKOjo&s=IMGs0y6Gtvu525Lhg7gE-
v4hAt5D8mjxcx0DvfOdiKs&e=
> found in my original email dated November 24 has through this attack
> been changed so that the link will now read in this email as follows:
> https://urldefense.proofpoint.com/v2/url?u=http-3A_clr-2D34.org_mar
> tin-2Dmarietta-2Dhwy34-2Dproject_appeal-2Dto-2Dthe-2Dco-2Dcourt-2Dof-2
3
Dappeals_&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=ymel0MiGv999gMR2uKPQmIMueLzFpzjsdP5OXag8
_a8&m=Y92g1 KHQAZ7LHwNtVFfQgRHMghw7wiiD5KIWcs0YwoE&s=iAuf
> AHUZ9rKupRGEZdOyE4FjPbjEbWiPgT5vINLgNok&e=
> 18. William Danks email chain working back from this email which is
> dated Jan. 1, 2019. are emails dated: Dec. 27, Dec. 11, Dec. 22, Dec.
> 11, Dec. 10, Nov. 30, Nov. 29, Nov. 28, Nov. 24, Nov. 16, Nov. 12.
> Witness to be called for cross examination and under oath at the
> hearing on this Application. The witnesses are requested to either
> provide before the hearing or bring to the hearing all communications
> (digital or paper) as shown. Note, none of the communications are
> between an attorney and the client of that attorney. Thus, none are
> within the attorney -client privilege or any other privilege which
> would prevent disclosure.
> 1. Attorney for DCP, Patrick Groom. All communications starting
> from June 1, 2018 to Jan. 23, 2019 between Mr. Groom and any of the
> following: Bruce Barker, B. Kirkmeyer and/or any of the other Weld
> County Commissioners, Bonanza Creek including any of its attorneys.
> 2. County Attorney Bruce Barker. All communications starting from
> Jan. 1, 2014 to Jan. 23, 2019 between Mr. Barker and DCP including
> any of its affiliate companies and any of its attorneys.
> 3. County Commissioner Barbara Kirkmeyer. All communications
> starting from Jan. 1, 2014 to Jan. 23, 2019 between Ms. Kirkmeyer and
> DCP including any of its affiliate companies and any of its
> attorneys.
> Bill Danks
> On Thu, Dec 27, 2018 at 5:08 PM William Danks <wcdanks@edanks.com> wrote:
> > To: Paul Park as agent for Bonanza, Weld County Commissioners, and
> > Weld County Attorney Barker
> > Motion to Disqualify County Commissioners Moreno, Conway, Cozad,
> > Freeman, Kirkmeyer and County Attorney Barker from participating in
> > the Commission hearing on Bonanza Application USR 18-0099.
> > The disqualification is for the following reasons.
> > 1. The December 19, 2018 final hearing on Bonanza Application
> > USR 18-0099 was postponed under circumstances which raise serious
> > issues concerning the Commissioners' abilities to render a fair and
> > impartial decision on the merits of the application.
> > 2. Article 3 of the Colorado Constitution and the common law on
> > conflicts (discussed in my email dated November 11, 2018, a copy of
4
> > which is reproduced below) prohibits the Commissioners from making
> > judicial decisions while also making legislative and executive
> > decisions on the same subject matter.
> > The undisputed facts on #1, are as follows:
> > Sometime prior to December 19, 2018, Attorney Groom had communications
> > with Weld County officials requesting a continuance of the December 19
> > hearing. One or more of the Weld County Commissioners advised the
> > clerks that the December 19 hearing would be postponed until December
> > 26. None of the many opponents to the December 19 hearing were
> > informed that there would be a continuance. Some opponents attended
> > the hearing. Prior to December 19 and without any public disclosure,
> > the Commission agreed to the postponement of December 19 and
> > tentatively agreed to a December 26 hearing date. At no time during
> > the public hearing on December 19 did Attorney Groom give to the
> > Commissioners any reason for requesting the continuance, such as an
> > evidence problem due to the unavailability of a supporting witness on
> > December 19 and that witness's availability on December 26.
> > Based on these undisputed facts, it is highly likely that Attorney
> > Groom during communications with Weld County officials learned which
> > Commissioners would be present on December 19 and which Commissioners
> > would be present on December 26. With this information, Attorney
> > Groom could determine whether Application USR 18-0099 would be
> > defeated on December 19 and passed on December 26. With a sworn
> > affidavit, Attorney Groom should state whether this likelihood is an
> > undisputed fact.
> > On December 19, 2018, unaware of the above undisputed facts, I arrived
> > for the scheduled hearing before the Commissioners on Bonanza
> > Application USR 18-0099. At the entry to the hearing room, I looked
> > for a copy of the agenda so that I could determine when the Commission
> > would hear the Bonanza Application. Finding no Agenda posted, I went
> > to the office of the Clerk for the Commission. There a group of three
> > clerks told me that the Bonanza Application had been postponed at the
> > request of Attorney Groom and that it was going to be rescheduled for
> > December 26, 2018. I stated that neither I nor any of the other
> > neighbors protesting the application had heard about the postponement
> > and that we were present for the hearing. I further said that my wife
> > and I would not be able to come on December 26. One of the clerks
> > stated that we could ask the commissioners for a different date.
> > I proceeded to the hearing room and met with Attorney Groom. I asked
> > Attorney Groom why he had not given any of the protestors any advance
> > notice that he had requested a postponement and a re -scheduling to
> > December 26. He gave no response. I then asked him whom he had
> > contacted at Weld County to secure the postponement. After some
> > hesitation, he said Kim Ogle (Planner with the Planning Department who
> > was assigned to this Application). I told Attorney Groom that we
> > could not attend on December 26, to which he gave no response.
> > Following a recess, three Commissioners chaired by Commissioner
> > Kirkmeyer and joined by Commissioners Cozad and Freeman, re -convened
> > and called the 10 a.m. docket. The docket consisted of the Bonanza
> > Application and the Applications of three other companies. All four
5
> > applications were seeking an industrial use in an agriculture zone
> > under the USR (Use for Special Review) procedure.
> > At this time, Commissioner Kirkmeyer asked all four applicants to come
> > forward. Attorney Groom stepped forward and identified himself as
> > attorney for DCP Midstream. Attorneys (or representatives, it was
> > unclear which) for the other three applicants (Rocky Mountain
> > Midstream LLC for USR 18-0098, DJ South Gathering LLC for USR 18-0099,
> > and USR 18-0140 for Outrigger DJ Operating, LLC) stepped forward.
> > Commissioner Kirkmeyer told them that since there were only three
> > Commissioners present, they had the option to proceed or not proceed.
> > She explained that if they did proceed, each of their applications
> > would have to receive the approval of all three commissioners present
> > (Kirkmeyer, Cozad and Freeman) in order for the application to be
> > granted. (In the Clerk's office, none of the three clerks had
> > mentioned anything to me about the number of Commissioners who would
> > be attending the hearing or the number of affirmative votes which
> > would be required to approve an application.)
> > Despite being told that a negative vote by any of the three
> > Commissioners present would cause their applications to be denied and
> > without an opportunity to discuss this "new" news with their clients,
> > the other three applicants stated without any hesitation that they
> > wanted to proceed. Attorney Groom, also without any hesitation or
> > need to discuss with his clients, stated that he as attorney for DCP
> > Midstream did not want to proceed and wanted Application USR 18-0099
> > postponed to December 26.
> > All of this gave the appearance that none of this was "new" news to
> > any of the four companies who had applications scheduled for final
> > decision on December 19. All four gave the appearance that they had
> > previously considered the situation and knew exactly what they were
> > going to do, i.e. go forward with the three commissioners or rather in
> > the case of Mr. Groom, not go forward and ask for a postponement to
> > December 26.
> > My wife, Noblet Danks, then raised her hand and she spoke in
> > opposition to the continuance, stating inter alia, that Attorney Groom
> > did not have the legal authority to speak for Bonanza or the legal
> > authority to ask for a postponement of Bonanza's Application. She
> > stated that she and other opponents of the application were present in
> > the hearing room and wanted to have the hearing that they had come
> > for. She did not state what we had stated to the three clerks in the
> > clerk's office, that we would be unable to attend on December 26.
> > Commissioner Kirkmeyer appeared ready to grant the December 26 date
> > but Commissioner Cozad spoke, saying that December 26, the day after a
> > major holiday, might possibly be difficult for some to attend.
> > Commissioner Kirkmeyer then asked for a show of hands from the
> > protesting neighbors to indicate who would be unable to attend on
> > December 26. A number raised their hands. CommissionerKirkmeyer then
> > called on Attorney Groom who again reiterated that he wanted the
> > hearing on December 26 and Commissioner Cozad indicated her
> > disagreement to December 26 perhaps by only turning toward
> > Commissioner Kirkmeyer. Chair Kirkmeyer then cut-off further
> > discussion and called for an immediate vote on a postponement to a
6
> > hearing date of January 23, 2019. All three commissioners then voted
> > in favor of the postponement to January 23, 2019.
> > On December 19, all three Commissioners (Kirkmeyer, Cozad and Freeman)
> > voted in favor and thus the Commission approved the other three
> > applications for Use by Special Review to place an industrial use on
> > property zoned for agriculture. (Commissioners Moreno and Conway not
> > participating since they were absent on December 19.) Thus, the
> > "immediate" decision to proceed of the other three oil companies
> > turned out to be the correct decision for those three companies. One
> > would think that their clients would have been terribly upset if the
> > decision to proceed turned out to be a bad decision since, from all
> > appearances at the hearing, the decision to proceed was made without
> > any real consultation with their clients.
> > On December 26, 4 of the 5 Commissioners were present, Moreno,
> > Kirkmeyer, Cozad and Freeman. Commissioner Conway was again absent.
> > These four Commissioners considered two more applications for Use by
> > Special Review — one being approved and one being referred back to the
> > Planning Department.
> > At no time on December 19 did Attorney Groom state to me in our
> > private discussions that he was requesting a postponement because of a
> > witness who could not be present on December 19 but could be present
> > on December 26. Nor did he give to me any other evidentiary problem
> > on December 19 which motivated him to ask for a continuance of the
> > date.
> > From the facts disclosed, Attorney Groom spoke, prior to December 19,
> > with either a Commissioner or with Attorney Bruce Barker or with
> > Planner Kim Ogle or with another Weld County official to seek a
> > postponement. He did not advise any of the application's opponents of
> > that conversation. It appears likely that during that conversation,
> > he somehow learned which Commissioners were going to be present on
> > December 19 and which Commissioners were going to be present on
> > December 26. He did not share what he learned with the application's
> > opponents. Somehow, he then made a determination that the
> > Commissioners present on December 19 would deny the application and
> > that the Commissioners present on December 26 would grant the
> > application.
> > The appearance if not the actual fact of the postponement is as
> > follows: Attorney Groom concluded sometime before December 19
> > that Commissioner Cozad would vote against the Bonanza application on
> > December 19 and the application would thereby be denied. Attorney
> > Groom further concluded sometime before December 19 that at the
> > Commission hearing on December 26, three Commissioners, (Kirkmeyer,
> > Freeman and Moreno) would vote for the Bonanza application and it
> > would be approved.
> > Based on the appearance if not the actual fact of serious concerns
> > about the integrity of any decision by the present Commissioners, I
> > request that all of the facts concerning the postponement and any
> > communications between Attorney Groom and any Weld County official or
> > employee concerning Application USR 18-099 after December 5, 2018 be
> > made public.
> > Public statements are needed from at least the following: Attorney
> > Groom, County Attorney Barker, Commissioner Kirkmeyer, and
> > Commissioner Cozad.
> > These statements should be made either at a hearing under oath and
> > subject to cross examination or at a minimum by sworn affidavit.
> > Furthermore, the three clerks who very honestly stated to us in the
> > Clerk's office when we sought to get an agenda for the December 19
> > proceedings that the Bonanza Application had been postponed from
> > December 19 to December 26 and said that we could ask the
> > Commissioners for a different date since we could not be present on
> > December 26, should not be punished in any manner. They were being
> > courteous public servants.
> > In addition to the grounds stated above, some of the other grounds for
> > the disqualification are set forth in my email which was sent on
> > December 11, 2018. A copy of the email is reproduced below. This is a
> > serious legal argument based upon Article III of the Colorado
> > Constitution and the common law conflicts of interest which disqualify
> > a person from sitting in a judicial capacity such as the one which the
> > Commissioners propose to hold on January 23, 2019 on Bonanza
> > application USR 18-0099.
> > If either Weld County Government or Bonanza disagrees to this motion
> > for disqualification, a thoughtful legal brief should be written in
> > opposition at this time and before any hearing by the Commissioners.
> > Bill Danks
> > From: William Danks <wcdanks@edanks.com>
> > Date: Tue, Dec 11, 2018 at 1:23 PM
> > Subject: Re: contact info
> > To: <ppark@dcpmidstream.com>, <kogle@weldgov.com>, Mike Freeman
> > <mfreeman@weldgov.com>, Sean Conway <sconway@weldgov.com>, Steve
> > Moreno <smoreno@weldgov.com>, Julie Cozad <jcozad@weldgov.com>, Bruce
> > Barker <bbarker@weldgov.com>, Mike Livengood <mlivengood@weldgov.com>
> > DCP Representative Paul Park, Weld County Commissioners, County Attorney Barker,
> > All of the arguments stated in this chain of emails are submitted in
> > opposition to the Application of DCP which is scheduled to be heard by
> > the Weld County Commissioners on December 19, 2018.
> > In addition, I object any and all of the Weld County Commissioners
> > acting as the judicial decision makers in deciding whether or not to
> > approve the DCP Application.
> > The structure of the Weld County government in which the Commissioners
> > act in a judicial, executive and legislative capacity violate the
> > separation of powers. They cannot sit as an impartial and fair
> > tribunal to decide the judicial question of the application because
8
> > of their past actions in this matter as a legislative and executive
> > body.
> > Furthermore, I object to County Attorney Barker advising or assisting
> > in any manner the Commissioners or any other person or persons who sit
> > in a judicial capacity to make an ultimate decision on the application
> > of DCP because of the County Attorney's conflict of interest in
> > representing the Weld County Commissioners in their legislative and
> > executive functions of first enacting the zoning laws and then
> > implementing those zoning laws.
> > In addition to the common law conflict of interest of the
> > Commissioners acting in a judicial role following their legislative
> > and executive roles, the Commissioners are disqualified by virtue of
> > Article 3 of the Constitution of Colorado which states:
> > "Art. III Distribution of Powers
> > The powers of the government of this state are divided into three
> > distinct departments, --the Legislative, Executive and Judicial; and
> > no person or collection of persons charged with the exercise of powers
> > properly belonging to one of these departments shall exercise any
> > power properly belonging to either of the others, except as in this
> > Constitution expressly directed or permitted."
> > Furthermore, I object to the DCP application because Weld County
> > Attorney Barker has failed to provide the information needed in order
> > for me to fully object to the application and because DCP has failed
> > to provide the information which I requested from DCP.
> > In the alternative, I request that the hearing be postponed until the
> > information is provided.
> > I have received no response from Paul Park nor anyone else on behalf
> > of DCP to these emails. Therefore the arguments made in these emails
> > stand uncontested by DCP.
> > Bill Danks
</mlivengood@weldgov. com></bbarker@weldgov.com></jcozad@weldgov.com></smoreno@weldgov.com><
/sconway@weldgov. com></mfreeman@weldgov.com></kogle@weldgov. com></ppark@dcpmidstream.com><
/wcdanks@edanks.com>
> > On Sat, Dec 22, 2018 at 4:28 PM William Danks <wcdanks@edanks.com> wrote:
>>>
> > > To: Weld County Commissioners:
>>>
> > > Motion to Dismiss Application USR 18-0099
>>>
> > > The Weld County Commissioners should dismiss this Application. On the
> > > face of the Application, the application cannot be granted.
>>>
> > > This application is merely a hypothetical case. Bonanza is not
> > > authorized to build an interstate pipeline or a pumping station in
9
> > > connection with that pipeline. The Federal Energy Regulatory
> > > Commission (FERC) regulates interstate pipeline companies. Bonanza is
> > > not an interstate pipeline company.
>>>
> > > As stated on the FERC web page at
>>>
> > > https://urldefense.proofpoint.com/v2/url?u=https-3A_www.ferc.gov_industries_gas_indus-
2Dact_pipelines.asp&d=Dwl FaQ&c=A8J9jb3_ClsSlatombgkDA&r=y1 xwAFik4NylzLWMIPpNxRidKiUTKHSFsi
H2b_Lhi6w&m=3Z4aJXUzLmra9gI SLKh4lQLkgPgaM-
D5BaEW7TpKOjo&s=4shmngvf9oz8jHV3xSVLkSogLHI uucQ06g68dRuoDJI&e=
>> >
> > > Furthermore, DCP has no ownership interest in this property which
> > > would allow it to build a pumping station even if this Application is
> > > granted.
>>>
> > > The Application of Bonanza refers to two parcels. Bonanza owns both
> > > parcels. The Application only seeks to build on one of the two
> > > parcels. Therefore, the other parcel should not be part of any
> > > application and should under all circumstances remain in its present
> > > zoning of agricultural.
>>>
> > > This Application should be dismissed as it was a hypothetical case
> > > when the application was filed.
>>>
> > > Stated bluntly, Attorney Patrick Groom has created a fictional application
> > > through his misuse of the legal doctrine of "agency". An agent acts
> > > on behalf of a principal. The principal is Bonanza. On behalf of
> > > Bonanza, Paul Park as an individual was appointed as an agent for
> > > Bonanza. Paul Park filed the Application as the agent for Bonanza.
> > > This is clearly stated in the Application.
>>>
>>>
>> >
>> >
>>>
>> >
>>>
>>>
>>>
>>>
>> >
>>>
>>>
> > > The owner of the property may appoint an "agent" to act on its behalf.
>>>
> > > In this Application, Bonanza filed papers naming four different individual
> > > people as its agents: Paul Park, Christine White, Lew Hagenlock, and
> > > Patrick Groom. These are the agents who are named on the
> > > Authorization Forms found at pp 2, 3, 4 & 5 of the Application.
>> >
> > > Bonanza, however, did not appoint DCP Operating Company LP. as its agent.
10
> "FERC reviews applications for construction and operation of
> interstate natural gas pipelines under authority of section 7 of the
> Natural Gas Act. FERC review ensures that applicants certify that they
> will comply with Department of Transportation safety standards."
The Agenda for December 19, 2018 states: Bonanza Creek Energy
Operating Company, LLC, do DCP
Operating Company, LP. The "do DCP Operating Company, LP" is a
complete misstatement. DCP Operating Company, LP has no legal right
of any kind whatsoever in this
Application.
In this case, the owner of the property (Bonanza) asks in its
Application that the zoning be changed from agriculture to industrial
so that a pumping station for an interstate pipeline can be installed
on the land.
>>>
> > > The face of the Application states that if an agent is filing on
> > > behalf of a company (such as Bonanza), there must be a document signed
> > > under oath before a notary, that the person signing on behalf of
> > > Notary has the authority to appoint an agent to act on behalf of the
> > > company. For example, the wording of the Application form requires a
> > > statement such as: "I as President of Bonanza do solemnly swear
> > > before the undersigned Notary that I am authorized to appoint an agent
> > > to act on behalf of Bonanza and do hereby appoint Paul Park to make
> > > this Application on behalf of Bonanza."
>>>
> > > The Application in this case states in pertinent part as follows:
>>>
> > > "APPLICANT OR AUTHORIZED AGENT: (see below: Authorization must
> > > accompany all applications signed by Authorized Agents)
>>>
> > > Name: Paul Park
>>>
>>>
>>>
> > > "Signatures of all fee owners of property must sign this application.
> > > If an Authorized Agent signs, a letter of authorization from all fee
> > > owners must be included with the application. If a corporation is the
> > > fee owner, notarized evidence must be included indicating that the
> > > signatory has to (sic) legal authority to sign for the corporation.
>>>
> > > "Signature: Owner or Authorized Agent
>>>
> > > "Paul D Park"
>>>
> > > There is no "notarized evidence" from Bonanza Creek Operating Company
> > > LLC stating that Paul D. Park has the "legal authority to sign for the
> > > corporation.
>>>
> > > The only evidence submitted in support of appointing Paul Park as
> > > agent, is the Authorization Form.
> > > However, the Authorization Form for Paul Park, was not signed under
> > > oath before a notary and the person signing it as owner does not swear
> > > that he has the authority to appoint an agent for Bonanza.
>>>
> > > The Authorization form has an illegible handwritten signature (
> > > possibly Maxwell Faith) with the
> > > printed handwriting "Attorney in Fact".
>>>
> > > In addition to the fact that the signature was not before a notary,
> > > the records of the Colorado Supreme Court of attorneys who are
> > > licensed in the State of Colorado, has no listing for an attorney
> > > by the name of Maxwell Faith. See
>>>
> > > https://urldefense.proofpoint.com/v2/url?u=http-
3A_coloradosupremecourt.com_Search_AttSearch.asp&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=y1 xwA
Fik4NyIzLWMI PpNxRidKiUTKHSFsiH2b_Lhi6w&m=3Z4aJXUzLmra9g 1 SLKh4lQLkgPgaM-
D5BaEW7TpKOjo&s=5Uszl LZbtWoCGZJf8HC_3fk-j2Q3eKgJ-ZLkyin8YgY&e=
>>>
> > > As an additional reason for dismissing the Application, no one
> > > appeared on behalf of Bonanza on the date of December 19, 2018 when
11
>>>
>>>
>>>
>> >
>> >
>> >
>>>
>>>
>>>
>>>
>>>
>>>
>> >
>>>
>> >
>> >
>> >
>> >
>> >
>>>
>>>
>>>
>>>
>>>
>> >
>>>
>>>
>>>
>> >
>>>
>> >
>> >
>> >
>> >
>> >
>> >
>> >
>> >
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>> >
>>>
>> >
the application was scheduled for final hearing before the
Commissioners.
At the hearing on December 19, 2018, Attorney Groom asked for a
postponement of the hearing. He made this request as the Attorney for
DCP Operating Company, LP. not on behalf of Bonanza.
While AttorneyGroom could have stated that he appeared at the
Planning Commission
hearing on Dec 4, 2018 as an attorney for Bonanza and at the December
19, 2018 hearing, it is probable that he does not have a written fee
agreement with Bonanza which would enable him to represent Bonanza
under the rules governing attorneys. Regardless, he did not appear as
attorney for Bonanza.
Since no one on behalf of Bonanza said anything at the December 19,
2018 hearing, the application should have been dismissed at that time
for failure of anyone to appear on behalf of the applicant.
In addition, the Application should be dismissed because when the
Application was filed, it presented merely a hypothetical situation.
At the time that the application was filed:
1. DCP had no ownership interest in the property which would
allow it to build a pumping station on the property;
2. There was no grant of authority from Bonanza to DCP to build a
pumping station for Bonanza; and
3. Even if there would have been such a grant of authority for DCP to
build a pumping station for Bonanza, Bonanza in not an interstate
pipeline company and in not permitted under FERC to build and own a
pumping station on an interstate pipeline. It is also probable that
Bonanza has violated FERC regulations by even filing this application.
Nevertheless, this is all hypothetical since it is clear that Bonanza
does not contemplate building such a pumping station. This all a legal
fiction created by Attorney Groom through his misuse and distortion of
the doctrine of agency.
Bill Danks
On Tue, Dec 11, 2018 at 12:26 PM William Danks <wcdanks@edanks.com> wrote:
>
> County Attorney Barker,
>
> Communications to and from DCP cannot be privileged. You cannot
> possibly be the attorney for DCP so there is no attorney client
> privilege. Please obey the law.
>
> "All emails and all other communications (paper or digital) from
> January 1, 2014 to November 28, 2018 to and / or from DCP Midstream
> (and any related companies or agents including their attorneys) which
> are contained in The Office of the Weld County Attorney."
>
> Attorney Barker, you have a pattern of violating the Open Records Act.
> See your refusal to supply documents in the fraudulent scheme to
> transfer funds through United Way. See also your refusal to supply
12
> > > > documents in the Martin Marietta case.
>> >>
> > > > Bill Danks
> > > > On Mon, Dec 10, 2018 at 5:10 PM Bruce Barker <bbarker@weldgov.com> wrote:
»»>
> > > > > Mr. Danks:
»»>
> > > > > I received your check in the sum of $120 last Thursday.
»»>
> > > > > The emails and other communications you request are privileged. The Board of County
Commissioners does not wish to waive the privilege. Privileged records are exempt from inspection pursuant
to CRS 24-72-204(3)(a)(IV). Therefore I will be sending your check back via U.S. Mail.
»»>
> > > > > Bruce T. Barker, Esq.
> > > > > Weld County Attorney
>>>>> P.O. Box 758
>> >> > 1150 "O" Street
> > > > > Greeley, CO 80632
> > > > > (970) 356-4000, Ext. 4390
> > > > > Fax: (970) 352-0242
»»>
»»>
» »>
> > > > > 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 attorney
privileged and 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.
» »>
> > > > > Original Message
> > > > > From: William Danks <wcdanks@edanks.com>
> > > > > Sent: Friday, November 30, 2018 8:44 AM
> > > > > To: Bruce Barker <bbarker@weldgov.com>
> > > > > Cc: PPark@dcpmidstream.com; Kim Ogle <kogle@weldgov.com>; Sean Conway
<sconway@weldgov.com>; Julie Cozad <jcozad@weldgov.com>; Mike Livengood
<mlivengood@weldgov.com>; Mike Freeman <mfreeman@weldgov.com>; Steve Moreno
<smoreno@weldgov.com>
> > > > > Subject: Re: contact info
» »>
> > > > > Caution: This email originated from outside of Weld County Government. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
» »>
» »>
> » > Mr. Barker,
» »>
> > > > > In order to have at least some of the documents before the hearing on Dec. 4, 2018, I am amending
my Open Records Act request to only records contained in your County Attorney Office. I am also placing in
the mail to you today a check for $120. Hopefully, the record search of your office can be completed so that I
can at least have your records by the time of the hearing. Thus, the changed portion of my Open Records
Request reads as follows:
» »>
> > > > > "To: Custodian of Records: County Attorney Bruce Barker
>> >> >>
> > > > > > Weld County Government
» »»1150OSt.
13
>> >> » Greeley, CO 80631
>> >> >>
> > > > > > Dear County Attorney Bruce Barker
>> >> >>
> > > > > > Pursuant to the Colorado Open Records Act § 24-72-201 et seq., I
> > > > > > request that you make available for inspection and copying the
> > > > > > following public records:
>> >> >>
> > > > > > 1. All emails and all other communications (paper or digital) from January 1, 2014 to November
28, 2018 to and / or from DCP Midstream (and any related companies or agents including their attorneys)
which are contained in The Office of the Weld County Attorney."
» »>
> > > > > The remainder of the request reads the same.
» »>
> >> > Bill Danks
» »>
» »>
» »>
> > > > > On Thu, Nov 29, 2018 at 8:43 AM Bruce Barker <bbarker@weldgov.com> wrote:
>> >> >>
> >> >> Mr. Danks:
>> >> >>
> > > > > > I have forwarded your request to Ryan Rose, Director, Weld County Information Technology, to
collect the records you have requested. Ryan estimates doing this work will take him approximately 3 hours. I
will then need to review the records to determine if they are "public records," pursuant to CRS 24-72-202(6). If
they are "public records" according to that definition, I will then determine if they are subject to inspection in
accordance with CRS 24-72-203 and 24-72-204. I expect my review will take about 2 hours. All told, I
estimate the time Ryan and his staff and I will spend to comply with your request will be 5 hours. Pursuant to
CRS 24-72-205(6)(a), the first hour is free, but each hour spent thereafter is to be charged at $30 per hour.
Please see Item 6 in the attached Appendix 5-D from the Weld County Code which explains the fee schedule.
The total will be $120. That amount must be paid in advance of any further time being spent by Ryan and his
staff and by me. Payment should be made payable to "Weld County, Colorado."
>> >> >>
> > > > > > Please let me know if you have any questions.
>> >> >>
> > > > > > Bruce T. Barker, Esq.
> > > > > > Weld County Attorney
>> >> » P.O. Box 758
>> >> » 1150 "O" Street
> > > > > > Greeley, CO 80632
> > > > > > (970) 356-4000, Ext. 4390
> > > > > > Fax: (970) 352-0242
>> >> >>
>> >> >>
>> >> >>
> > > > > > 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 attorney
privileged and 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.
>> >> >>
> > > > > > Original Message
> > > > > > From: William Danks <wcdanks@edanks.com>
> > > > > > Sent: Wednesday, November 28, 2018 8:33 AM
> > > > > > To: PPark@dcpmidstream.com; Kim Ogle <kogle@weldgov.com>; Sean Conway
14
> > > > > > <sconway@weldgov.com>; Bruce Barker <bbarker@weldgov.com>; Julie Cozad
> > > > > > <jcozad@weldgov.com>; Mike Livengood <mlivengood@weldgov.com>; Mike
> > > > > > Freeman <mfreeman@weldgov.com>; Steve Moreno <smoreno@weldgov.com>
> > > > > > Subject: Re: contact info
>> >> >>
> > > > > > Caution: This email originated from outside of Weld County Government. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
>> >> >>
>> >> >>
> > > > > > To: Custodian of Records: County Attorney Bruce Barker, Weld County
> > > > > > Commissioners, Weld County Planner Kim Ogle
»»»>
> > > > > > > Weld County Government
» » > • > 1150 O St.
>> >> > • > Greeley, CO 80631
»»»>
> > > > > > > Dear County Attorney Bruce Barker, Weld County Commissioners, Weld
> > > > > > > County Planner Kim Ogle
»»»>
> > > > > > > Pursuant to the Colorado Open Records Act § 24-72-201 et seq., I
> > > > > > > request that you make available for inspection and copying the
> > > > > > > following public records:
»»»>
> > > > > > > 1. All emails and all other communications (paper or digital) from January 1, 2014 to
November 28, 2018 to and from DCP Midstream (and any related companies or agents including their
attorneys and agents) and
> > > > > > a. The Office of the Weld County Attorney b. Any of the Weld County
> > > > > > Commissioners c. The Weld County Planning Department
»»»>
»»»>. >
> > > > > > > If you are not the custodian of records for this request, please
> > > > > > >forward this letter to the appropriate person or let me know which
> > > > > > > person(s) has custody of these records. I request a waiver of all
> > > > > > >fees for searching or copying these records in that the disclosure of
> > > > > > >the requested information is in the public interest and will
> > > > > > >contribute significantly to the public's understanding.
> > > > > > > This information is not being sought for commercial purposes. If
> > > > > > >there are any fees for searching or copying these records, please
> > > > > > >inform me if the cost will exceed $30.
> > > > > > > Please set a date and hour, within three working days following
> > > > > > >receipt of this letter, at which time the records will be made
> > > > > > >available for inspection, as required by § 24-72-203(2), C.R.S. If
> > > > > > >access to these records will take longer, please cite the extenuating
> > > > > > >circumstances and let me know when I should expect copies or the
> > > > > > >ability to inspect the requested records.
> > > > > > > I ask that records available in electronic format be transmitted by
> > > > > > >email to wcdanks@edanks.com.
> > > > > > > If you deny any portion, or all, of this request, please provide me
> > > > > > >with a written explanation of the reason(s) for your denial,
> > > > > > >including a citation to each specific statutory exemption you feel
> > > > > > >justifies the refusal to release the information and notify me of the
> > > > > > >appeal procedures available to me under the law. If you conclude that
> > > > > > >portions of the records that I request are exempt from disclosure,
> > > > > > >please release the remainder of such records for inspection and
> > > > > > >copying, redacting only the portion or portions that you claim are
> > > > > > >exempt. Thank you for considering my request.
15
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> > Sincerely, William C. Danks
> > (970) 395-0495]
> > wcdanks@edanks.com]
> On Sat, Nov 24, 2018 at 4:47 PM William Danks <wcdanks@edanks.com>wrote:
> > Paul,
> > I have not heard from you since our telephone conversation on Nov.
» 12
> > - "Great talking to you. Look forward to talking to you again."
> > We are rapidly approaching the Dec 4 hearing date. There is a lot
> > of information which I need from you in order to be prepared for the
> > hearing.
> > In this case, I see two major issues:
> > 1. Should DCP (in conjunction with all of the oil drilling
> > companies) have filed an application to essentially make a new
> > zoning map for Weld County instead of using the site by site re -zoning approach?
> > 2. Assuming that this application is not dismissed for failure to
> > file for a comprehensive re -zoning for the entire project, what are
> > the defects in the present application.
> > In this email, I will outline issue 1 above.
> > From the information on the web page for DPS Midstream, it is clear
> > that at least by late 2014, DCP had a master plan for the Grand
> > Parkway including and surrounding Greeley. The Grand Parkway is a
> > 62 mile pipeline around Greeley to transport all of the natural gas
> > which would be produced by all of the wells drilled within and
> > outside of the circle. This project required DCP to learn from each
> > of the drilling companies where they planned to drill their wells
> > and the expected out -put of natural gas from each of the wells. It
> > further required co-ordination with the company (NGL) which would
> > dispose of the "produced fluid" in injection wells and the tanker
> > trucks to carry this "produced fluid" to the injection wells from
> > the well sites. It further required co-ordination with suppliers of
> > water to be used in the drilling and sites for the disposal of the
> > "drilling mud." If further required co-ordination for the massive
> > impact on the public roads.
> > Thus, please provide all of the information which DPS obtained from
> > all of the drilling companies etc. which was used by DCP in
> > preparing this massive project and the actual plans of DCP for the project.
> > Please also provide all communications with all of the governmental
> > entities within the area of the Grand Parkway, e.g. the City of
> > Greeley and all of the other municipalities and Weld County
> > Government. Also, please also provide all communications with the
> > regulatory agencies of the State of Colorado concerning this massive
> > project.
> > Please also provide the names and case numbers of all of the
> > applications filed by DCP Midstream for Special Use Permits. Sec.
> > 23-2-200. -Uses by Special Review
16
> > > > > > > Please also provide names and case numbers of all of the TWOGLA
> > > > > > > (WELD OIL & GAS LOCATION ASSESSMENT) applications. These well
> > > > > > > drilling sites are also clearly industrial uses. These drilling
> > > > > > > sites are now containing over twenty (20) tanks and other equipment
> > > > > > > which is far different than the one tank and one separator needed
> > > > > > > for the old horizontal wells which had four wells on 160 acres.
»»»>
> > > > > > > The Grand Parkway including all of the wells, processing plants etc.
> > > > > > > are clearly industrial uses. The existing Weld County Zoning Map
> > > > > > > does have certain land in Weld County designated for industrial use.
> > > > > > > However, the vast majority of this massive project is in areas which
> > > > > > > are zoned agricultural, with a lesser amount in areas zoned
> > > > > > > commercial or residential. Instead of the some 100+ applications for
> > > > > > > Special Use and TWOGLA (WELD OIL & GAS LOCATION ASSESSMENT) , a new
> > > > > > > or vastly amended zoning plan for Weld County should have been made
> > > > > > > and this application should be denied for failing to conform to the
> > > > > > > master zoning plan..
» »»>
> > > > > > > The arguments made by the Ireland Stapleton law firm in their
> > > > > > > Opening Brief in the Martin Marietta case are incorporated by
> > > > > > > reference. A copy of the brief is found at
» »»>
> > > > > > > https://urldefense.proofpoint.com/v2/url?u=http-3A_clr-2D34.org_mar
> > > > > > > ti
> > > > > > > n-2Dmarietta-2Dhwy34-2Dproject_appeal-2Dto-2Dthe-2Dco-2Dcourt-2Dof-2
» »»>Da
> > > > > > > ppeals_&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=ymel0MiGv999gMR2uKPQmIMu
>>>>>»
> > > > > > > zFpzjsdP5OXag8_a8&m=Y92g1 KHQAZ7LHwNtVFfQgRHMghw7wiiD5KIWcs0YwoE&s=iA
> > > > > > > of AHUZ9rKupRGEZdOyE4FjPbjEbWiPgT5vINLgNok&e=
» »»>
> > > > > > > The use of all of the special exceptions constitute a violation of
> > > > > > > the State, County and municipal laws on zoning. They further violate
> > > > > > > the US. Constitution and Colorado clauses on equal protection and
> > > > > > > due process. They further violate the US Constitution and State
> > > > > > > Constitution on taking of private property --- land owners under
> > > > > > > threat of condemnation have sold easements in connection with this
> > > > > > > massive project without knowing the full impact of the entire
> > > > > > > project on their property.
» »»>
» »»>
>> >> > > Bill Danks
» »»>
> > > > > > > On Fri, Nov 16, 2018 at 1:58 PM William Danks <wcdanks@edanks.com> wrote:
>> >> >> >>
>> >> >> >>
>> >> >> >>
Re: USR18-0099
> > > > > > > > Paul, it was also great talking to you.
>> >> >> >>
> > > > > > > > Since we talked last Monday, I have probably spent 15-20 hours
> > > > > > > > reading all of the news releases, investor articles and other
> > > > > > > > information on the DCP Midstream web page. The web page is an excellent resource.
>> >> >> >>
> > > > > > > > Also, I have probably spent another 15- 20 hours on the excellent
> > > > > > > > Greeley County Government web page studying the county zoning
> > > > > > > > code, the Bonanza Creek (DCP) application (USR18-0099), the state
17
> > > > > > > > statutes on zoning, the Court of Appeal briefs in the Martin Marietta case etc.
>> » » »
> > > > > > > > When I talked with you last Monday, I did not realize the size of
> > > > > > > > the whole project - 62 mile pipeline loop around Greeley nor where
> > > > > > > > the name Grand Parkway came from. Quoting from the news release of
>> >> >> » American Steel Pipe at
>> >> » »
> > > > > > > > https://urldefense.proofpoint.com/v2/url?u=https-3A_news.american
» »»»-2
> > > > > > > > Dusa.com_2018_01_23_coloradograndparkway_&d=DwIFaQ&c=A8J9jb3_CIsSI
» »»» at
> > > > > > > > ombqkDA&r=ymelOMiGv999gMR2uKPQmIMueLzFpzjsdP5OXag8_a8&m=Y92g1 KHQAZ
» »»» 7L
> > > > > > > > HwNtVFfQgRHMghw7wiiD5KIWcsOYwoE&s=JRcUgKJkbDfTA-fjObRsouBkZxWbIc1A
» »»» Nh
> » » » _5w-IzXnY&e=
>> » » »
> > > > > > > > "The Grand Parkway in Houston, Texas, is a large freeway loop
> > > > > > > > surrounding the city and encompassing six different counties. This
> > > > > > > > large construction project that connects the country's largest
> > > > > > > > geographical metroplex is also the inspiration for DCP Midstream's
> > > > > > > > new 62 -mile steel pipeline in Greeley, Colorado.
» » » »
> > > > > > > > "AMERICAN Steel Pipe is being used in the DCP Grand Parkway
> > > > > > > > system, which is aimed at relieving traffic and efficiently moving
> > > > > > > > unprocessed gas in its existing gathering system.
>> >> >> >>
> > > > > > > > "Just as Houston's Grand Parkway is intended to relieve traffic,
> > > > > > > > DCP's Grand Parkway system is aimed at relieving traffic and
> > > > > > > > efficiently moving unprocessed gas in its existing gathering system.
>> » » »
> > > > > > > > "Grand Parkway gives us options and variability in minimizing
> > > > > > > > impacts during down service time," said DCP Midstream Senior
> > > > > > > > Project Manager Steve Nelson. "It improves our system reliability
> > > > > > > > and aids in keeping field pressures consistent across our gathering system."
» » » >>
> > > > > > > > Essentially the project encompasses a circle for the development
> > > > > > > > of gas wells with the City of Greeley at the center of the circle.
> > > > > > > > I found the map provided by DCP at the following link to be very
> > > > > > > > helpful in understanding this expenditure by DCP of $395 million -
> > > > > > > > a figure that does not even begin to cover the cost of all the
> > > > > > > > wells drilled within the circle.
» >> » »
> > > > > > > > https://urldefense.proofpoint.com/v2/url?u=https-3A_www.dcpmidstr
» »»» ea
> > > > > > > > m.com_dcpmidstream_media_DCP_Pdfs_Mewbourn3-5FFact-5FSheet-5FFinal
» »»» .p
> > > > > > > > df&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=ymelOMiGv999gMR2uKPQmIMueLz
» »»» Fp
> > > > > > > > zjsdP5OXag8_a8&m=Y92g1KHQAZ7LHwNtVFfQq RHMghw7wiiD5KIWcsOYwoE&s=VIO
> > > > > > > > 3y pzgUxFaMSdDOS1 NAac1 LfWk4dc8Z7P6gxd9T4o&e=
>> >> » >>
> > > > > > > > "Mewbourn 3 is a cryogenic natural gas processing plant in the DJ
> > > > > > > > Basin. Mewbourn 3 will be DCP's tenth plant in the basin. Located
> > > > > > > > at the existing site of DCP's Mewbourn Gas Plant, Mewbourn 3 will
> > > > > > > > foster the development of oil and gas resources in Weld County by
18
> > > > > > > > expanding and enhancing natural gas gathering and processing
> > > > > > > > services in the area. The Mewbourn 3 project also includes the
> > > > > > > > next phase of the Grand Parkway low pressure gathering and
> > > > > > > > associated compression asset, which is also expected to be
> > > > > > > > completed by the end of 2018. The Mewbourn 3 plant will connect to
> > > > > > > > the Front Range Pipeline, one-third owned by DCP Midstream, for
> > > > > > > > NGL takeaway to Mont Belvieu, Texas. Total capital investment for
> > > > > > > > the plant and associated gathering is expected to be up to $395 million."
>> >> >> >>
> > > > > > > > My wife and I watched the 2 minute video of "Midstream 101" five
> > > > > > > > or six times at https://urldefense.proofpoint.com/v2/url?u=http-
3A_www.dcpmidstream.com_company_midstream-
2D101&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=ymel0MiGv999gMR2uKPQmIMueLzFpzjsdP5OXag8_a8
&m=Y92g1 KHQAZ7LHwNtVFfQgRHMghw7wiiD5KIWcs0YwoE&s=fmzCm50r20l7HNLNRFDKugdp72oH3eNF
c8iexmOC000&e=.
>> >> >> >>
> > > > > > > > It was very helpful overview. For one thing, I had not understood
> > > > > > > > the significance of "Midstream" in the company name "DCP Midstream".
> > > > > > > > The video provides a very good explanation of the integrated
> > > > > > > > system of the "Upstream" wells which are drilled by the various
> > > > > > > > well drilling companies, e.g. PDC Energy, Noble, etc and the
> > > > > > > > crucial role played by the "Midstream" pipeline gathering system and processing plants.
>> >> >> >>
> > > > > > > > In your email, you said that you look forward to talking with me
> >> >> » again. I look forward to it as well.
>> >> >> >>
> > > > > > > > Will next Monday at 4 p.m. work for you for another 1 hour+
> > > > > > > > telephone discussion? I am sending a copy of this email to County
> > > > > > > > Planner Kim Ogle to let him know that we are discussing these issues.
>> >> >> >>
»»»» Bill Danks
> > > > > > > > On Mon, Nov 12, 2018 at 5:29 PM Park, Paul D <PPark@dcpmidstream.com> wrote:
»»»»>
»»»»>Bill
»»»»>
»»»»>
»»»»>
> > > > > > > > > Great talking to you.
»»»»>
> >> >> >> > Look forward to talking to you again.
»»»»>
»»»»>
»»»»>
»»»» »Thanks,
»»»»>
»»»»»Paul
»»»»>
»»»»>
»»»»>
> >> >> >> > DCP Operating Company LP
»»»»>
»»»>>> Paul DPark
»»»»>
> > > > > > > > > Senior Regulatory Analyst
»»»»>
» » >> » > Office 970 378 6372
19
» »»»>
>>>>>>>>> Mobile 970 539 1908
» »»»>
» > > > > > > > > Email ppark@dcpmidstream.com
» »»»>
» »»»>
20
Selena Baltierra
To:
Subject:
Kim Ogle
RE: contact info
Original Message
From: William Danks <wcdanks@edanks.com>
Sent: Saturday, January 19, 2019 4:53 PM
To: Bruce Barker <bbarker@weldgov.com>; Park, Paul D <PPark@dcpmidstream.com>; Kim Ogle
< kogle@weldgov.com>; Sean Conway <sconway@weldgov.com>; Bruce Barker <bbarker@weldgov.com>;
Julie Cozad <jcozad@weldgov.com>; Mike Livengood <mlivengood@weldgov.com>; Mike Freeman
< mfreeman@weldgov.com>; Steve Moreno <smoreno@weldgov.com>; edmillage@comcast.net;
tsilvy@greeleytribune.com; uwwc@unitedway-weld.org; info@unitedwaydenver.org;
info@unitedwayfoothills.org; Weld District Attorney <weldda@co.weld.co.us>; Barney Hammond
< Barney.Hammond@pdce.com>; Andrew Fiske <Andrew.Fiske@pdce.com>; mlacis@irelandstapleton.com;
jsilvestro@irelandstapleton.com; Barbara Kirkmeyer <bkirkmeyer@weldgov.com>; Scott James
< me@scottkjames.com>; Scott James <sjames@weldgov.com>; Patrick Groom <PGroom@wobjlaw.com>;
Amy Ritt <amyritt@aol.com>
Subject: Fwd: contact info
Caution: This email originated from outside of Weld County Government. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Forwarded message
From: William Danks <wcdanks@edanks.com>
Date: Sat, Jan 19, 2019 at 4:48 PM
Subject: Re: contact info
To: Park, Paul D <PPark@dcpmidstream.com>. <kogle@weldgov.com>, Sean Conway
< sconway@weldgov.com>, Bruce Barker <bbarker@co.weld.co.us>, Julie Cozad <jcozad@weldgov.com>,
Mike Livengood <mlivengood@weldgov.com>, Mike Freeman <mfreeman@weldgov.com>, Steve Moreno
< smoreno@weldgov.com>
To: County Attorney Bruce Barker and District Attorney Michael Rourke:
Here is my email to County Attorney Barker on November 28, 2018.
Bill Danks
On Wed, Nov 28, 2018 at 8:32 AM William Danks <wcdanks@edanks.com>wrote:
> To: Custodian of Records: County Attorney Bruce Barker. Weld County
> Commissioners, Weld County Planner Kim Ogle
> >
> > Weld County Government
>> 1150 O St.
> > Greeley, CO 80631
> >
> > Dear County Attorney Bruce Barker, Weld County Commissioners, Weld
> > County Planner Kim Ogle
1
> > Pursuant to the Colorado Open Records Act § 24-72-201 et seq., I
> > request that you make available for inspection and copying the
> > following public records:
> 1. All emails and all other communications (paper or digital) from January 1, 2014 to November 28, 2018
to and from DCP Midstream (and any related companies or agents including their attorneys and agents) and
> a. The Office of the Weld County Attorney b. Any of the Weld County
> Commissioners c. The Weld County Planning Department
>> >
> > If you are not the custodian of records for this request, please
> >forward this letter to the appropriate person or let me know which
> > person(s) has custody of these records. I request a waiver of all
> >fees for searching or copying these records in that the disclosure
> >of the requested information is in the public interest and will
> >contribute significantly to the public's understanding.
> > This information is not being sought for commercial purposes. If
> >there are any fees for searching or copying these records, please
> >inform me if the cost will exceed $30.
> > Please set a date and hour, within three working days following
> >receipt of this letter, at which time the records will be made
> >available for inspection, as required by § 24-72-203(2), C.R.S. If
> >access to these records will take longer, please cite the extenuating
> >circumstances and let me know when I should expect copies or the
> >ability to inspect the requested records.
> > I ask that records available in electronic format be transmitted by
> >email to wcdanks@edanks.com.
> If you deny any portion, or all, of this request, please provide me
>with a written explanation of the reason(s) for your denial,
> >including a citation to each specific statutory exemption you feel
> >justifies the refusal to release the information and notify me of
> >the appeal procedures available to me under the law. If you conclude
> >that portions of the records that I request are exempt from
> >disclosure, please release the remainder of such records for
> >inspection and copying, redacting only the portion or portions that
> >you claim are exempt. Thank you for considering my request.
> > Sincerely, William C. Danks
> > (970) 395-0495]
> > wcdanks@edanks.com]
> On Sat, Nov 24, 2018 at 4:47 PM William Danks <wcdanks@edanks.com> wrote:
> > Paul,
> > I have not heard from you since our telephone conversation on Nov.
>>12
> > - "Great talking to you. Look forward to talking to you again."
> > We are rapidly approaching the Dec 4 hearing date. There is a lot
> > of information which I need from you in order to be prepared for the
> > hearing.
>
> In this case, I see two major issues:
> > 1. Should DCP (in conjunction with all of the oil drilling
> > companies) have filed an application to essentially make a new
> > zoning map for Weld County instead of using the site by site re -zoning approach?
2
> > 2. Assuming that this application is not dismissed for failure to
> > file for a comprehensive re -zoning for the entire project, what are
> > the defects in the present application.
>
> In this email, I will outline issue 1 above.
> > From the information on the web page for DPS Midstream, it is clear
> > that at least by late 2014, DCP had a master plan for the Grand
> > Parkway including and surrounding Greeley. The Grand Parkway is a
> > 62 mile pipeline around Greeley to transport all of the natural gas
> > which would be produced by all of the wells drilled within and
> > outside of the circle. This project required DCP to learn from each
> > of the drilling companies where they planned to drill their wells
> > and the expected out -put of natural gas from each of the wells. It
> > further required co-ordination with the company (NGL) which would
> > dispose of the "produced fluid" in injection wells and the tanker
> > trucks to carry this "produced fluid" to the injection wells from
> > the well sites. It further required co-ordination with suppliers of
> > water to be used in the drilling and sites for the disposal of the
> > "drilling mud." If further required co-ordination for the massive
> > impact on the public roads.
> > Thus, please provide all of the information which DPS obtained from
> > all of the drilling companies etc. which was used by DCP in
> > preparing this massive project and the actual plans of DCP for the project.
> > Please also provide all communications with all of the governmental
> > entities within the area of the Grand Parkway, e.g. the City of
> Greeley and all of the other municipalities and Weld County
> Government. Also, please also provide all communications with the
> > regulatory agencies of the State of Colorado concerning this massive
> > project.
> > Please also provide the names and case numbers of all of the
> > applications filed by DCP Midstream for Special Use Permits. Sec.
> > 23-2-200. -Uses by Special Review
> > Please also provide names and case numbers of all of the TWOGLA
> > (WELD OIL & GAS LOCATION ASSESSMENT) applications. These well
> > drilling sites are also clearly industrial uses. These drilling
> > sites are now containing over twenty (20) tanks and other equipment
> > which is far different than the one tank and one separator needed
> > for the old horizontal wells which had four wells on 160 acres.
> > The Grand Parkway including all of the wells, processing plants etc.
> > are clearly industrial uses. The existing Weld County Zoning Map
> > does have certain land in Weld County designated for industrial use.
> > However, the vast majority of this massive project is in areas which
> > are zoned agricultural, with a lesser amount in areas zoned
> > commercial or residential. Instead of the some 100+ applications for
> > Special Use and TWOGLA (WELD OIL & GAS LOCATION ASSESSMENT) , a new
> > or vastly amended zoning plan for Weld County should have been made
> and this application should be denied for failing to conform to the
> master zoning plan..
> > The arguments made by the Ireland Stapleton law firm in their
> > Opening Brief in the Martin Marietta case are incorporated by
3
> > reference. A copy of the brief is found at
> > https://urldefense.proofpoint.com/v2/url?u=http-3A_clr-2D34.org_mar
> > tin-2Dmarietta-2Dhwy34-2Dproject_appeal-2Dto-2Dthe-2Dco-2Dcourt-2Dof
> >-2Dappeals_&d=DwIFaQ&c=A8J9jb3_CIsSlatombqkDA&r=y1xwAFik4NylzLWMIPpN
> > xRidKiUTKHSFsiH2b_Lhi6w&m=S_PLyTpSfaYhoQrh1fZJgnEKjgWvwHLn3VJ_ZSIP4j
> > g&s=GofH5PhV_YhBAvlfguRYlb_77jlv1 DEgHBvQYZ26xdk&e=
> > The use of all of the special exceptions constitute a violation of
> > the State, County and municipal laws on zoning. They further violate
> > the US. Constitution and Colorado clauses on equal protection and
> > due process. They further violate the US Constitution and State
> > Constitution on taking of private property --- land owners under
> > threat of condemnation have sold easements in connection with this
> > massive project without knowing the full impact of the entire
> > project on their property.
> > Bill Danks
> > On Fri, Nov 16, 2018 at 1:58 PM William Danks <wcdanks@edanks.com> wrote:
>>>
> > > Re: USR18-0099
>>>
> > > Paul, it was also great talking to you.
>>>
> > > Since we talked last Monday, I have probably spent 15-20 hours
> > > reading all of the news releases, investor articles and other
> > > information on the DCP Midstream web page. The web page is an excellent resource.
>>>
> > > Also, I have probably spent another 15- 20 hours on the excellent
> > > Greeley County Government web page studying the county zoning
> > > code, the Bonanza Creek (DCP) application (USR18-0099), the state
> > > statutes on zoning, the Court of Appeal briefs in the Martin Marietta case etc.
>>>
> > > When I talked with you last Monday, I did not realize the size of
> > > the whole project - 62 mile pipeline loop around Greeley nor where
> > > the name Grand Parkway came from. Quoting from the news release of
> > > American Steel Pipe at
>>>
> > > https://urldefense.proofpoint.com/v2/url?u=https-3A_news.american
> > >-2Dusa.com_2018_01_23_coloradograndparkway_&d=DwIFaQ&c=A8J9jb3_Cls
> > > SIatombgkDA&r=ylxwAFik4NyIzLWMIPpNxRidKiUTKHSFsiH2b_Lhi6w&m=S_PLyT
> > > pSfaYhoQrh1fZJgnEKjgWvwHLn3VJ_ZSIP4jg&s=JCom306RoAsBT7gAHoU0IXbXmn
> > > oLhbTazWGcjaPGNso&e=
>>>
> > > "The Grand Parkway in Houston, Texas, is a large freeway loop
> > > surrounding the city and encompassing six different counties. This
> > > large construction project that connects the country's largest
> > > geographical metroplex is also the inspiration for DCP Midstream's
> > > new 62 -mile steel pipeline in Greeley, Colorado.
>>>
> > > "AMERICAN Steel Pipe is being used in the DCP Grand Parkway
> > > system, which is aimed at relieving traffic and efficiently moving
> > > unprocessed gas in its existing gathering system.
>>>
> > > "Just as Houston's Grand Parkway is intended to relieve traffic,
> > > DCP's Grand Parkway system is aimed at relieving traffic and
> > > efficiently moving unprocessed gas in its existing gathering system.
>>>
> > > "Grand Parkway gives us options and variability in minimizing
> > > impacts during down service time," said DCP Midstream Senior
> > > Project Manager Steve Nelson. "It improves our system reliability
> > > and aids in keeping field pressures consistent across our gathering system."
>>>
> > > Essentially the project encompasses a circle for the development
> > > of gas wells with the City of Greeley at the center of the circle.
> > > I found the map provided by DCP at the following link to be very
> > > helpful in understanding this expenditure by DCP of $395 million -
> > > a figure that does not even begin to cover the cost of all the
> > > wells drilled within the circle.
>>>
> > > https://urldefense.proofpoint.com/v2/url?u=https-3A_www.dcpmidstr
> > > eam.com_dcpmidstream_media_DCP_Pdfs_Mewbourn3-5FFact-5FSheet-5FFin
> > > al.pdf&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=ylxwAFik4NylzLWMIPpNxRi
> > > dKiUTKHSFsiH2b_Lhi6w&m=S_PLyTpSfaYhoQrhl fZJgnEKjgWvwHLn3VJ_ZSIP4jg
> > > &s=OC5jrLrL0oq 1 vFVSbbHw-jW2nsTpCCcMyMwdp472mRo&e=
>>>
> > > "Mewbourn 3 is a cryogenic natural gas processing plant in the DJ
> > > Basin. Mewbourn 3 will be DCP's tenth plant in the basin. Located
> > > at the existing site of DCP's Mewbourn Gas Plant, Mewbourn 3 will
> > > foster the development of oil and gas resources in Weld County by
> > > expanding and enhancing natural gas gathering and processing
> > > services in the area. The Mewbourn 3 project also includes the
> > > next phase of the Grand Parkway low pressure gathering and
> > > associated compression asset, which is also expected to be
> > > completed by the end of 2018. The Mewbourn 3 plant will connect to
> > > the Front Range Pipeline, one-third owned by DCP Midstream, for
> > > NGL takeaway to Mont Belvieu, Texas. Total capital investment for
> > > the plant and associated gathering is expected to be up to $395 million.
>>>
> > > My wife and I watched the 2 minute video of "Midstream 101" five
> > > or six times at https://urldefense.proofpoint.com/v2/url?u=http-
3A_www.dcpmidstream.com_company_midstream-
2D101&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=y1 xwAFik4NylzLWMIPpNxRidKiUTKHSFsiH2b_Lhi6w&m
=S_PLyTpSfaYhoQrh 1 fZJgnEKjgWvwHLn3VJ_ZSIP4jg&s=-cbbl OYgxrvGNd3G7Ob_L6B7D-
KYhp7ZgwfoWhM8gGU&e=.
>>>
> > > It was very helpful overview. For one thing, I had not understood
> > > the significance of "Midstream" in the company name "DCP
> > > Midstream". The video provides a very good explanation of the
> > > integrated system of the "Upstream" wells which are drilled by the
> > > various well drilling companies, e.g. PDC Energy, Noble, etc and
> > > the crucial role played by the "Midstream" pipeline gathering system and processing plants.
>>>
> > > In your email, you said that you look forward to talking with me
> > > again. I look forward to it as well.
>>>
> > > Will next Monday at 4 p.m. work for you for another 1 hour+
> > > telephone discussion? I am sending a copy of this email to County
> > > Planner Kim Ogle to let him know that we are discussing these issues.
>>>
5
> > > Bill Danks
> > > On Mon, Nov 12, 2018 at 5:29 PM Park, Paul D <PPark@dcpmidstream.com> wrote:
>> >>
»» Bill
>> >>
>> >>
>> >>
> > > > Great talking to you.
>> >>
> > > > Look forward to talking to you again.
>> >>
>> >>
>> >>
> > > > Thanks,
>> >>
>> >> Paul
>> >>
>> >>
>> >>
> > > > DCP Operating Company LP
>> >>
»» Paul DPark
>> >>
> > > > Senior Regulatory Analyst
>> >>
> > > > Office 970 378 6372
>> >>
> > > > Mobile 970 539 1908
>> >>
> > > > Email ppark@dcpmidstream.com
>> >>
>> >>
Selena Baltierra
To:
Subject:
Kim Ogle
RE: contact info
Original Message
From: William Danks <wcdanks@edanks.com>
Sent: Saturday, January 19, 2019 4:51 PM
To: Bruce Barker <bbarker@weldgov.com>
Cc: PPark@dcpmidstream.com; Kim Ogle <kogle@weldgov.com>; Sean Conway <sconway@weldgov.com>;
Julie Cozad <jcozad@weldgov.com>; Mike Livengood <mlivengood@weldgov.com>; Mike Freeman
> mfreeman@weldgov.com>; Steve Moreno <smoreno@weldgov.com>
Subject: Re: contact info
Caution: This email originated from outside of Weld County Government. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
To: County Attorney Bruce Barker and District Attorney Michael Rourke, \ Here is the email from County
Attorney Barker dated November 29, 2018.
Bill Danks
On Thu, Nov 29, 2018 at 8:43 AM Bruce Barker <bbarker@weldgov.com>wrote:
> Mr. Danks:
> I have forwarded your request to Ryan Rose, Director, Weld County Information Technology, to collect the
records you have requested. Ryan estimates doing this work will take him approximately 3 hours. I will then
need to review the records to determine if they are "public records," pursuant to CRS 24-72-202(6). If they are
"public records" according to that definition, I will then determine if they are subject to inspection in accordance
with CRS 24-72-203 and 24-72-204. I expect my review will take about 2 hours. All told, I estimate the time
Ryan and his staff and I will spend to comply with your request will be 5 hours. Pursuant to CRS 24-72-
205(6)(a), the first hour is free, but each hour spent thereafter is to be charged at $30 per hour. Please see
Item 6 in the attached Appendix 5-D from the Weld County Code which explains the fee schedule. The total
will be $120. That amount must be paid in advance of any further time being spent by Ryan and his staff and
by me. Payment should be made payable to "Weld County, Colorado."
> Please let me know if you have any questions.
> Bruce T. Barker, Esq.
> Weld County Attorney
> P.O. Box 758
> 1150 "O" Street
> Greeley, CO 80632
> (970) 356-4000, Ext. 4390
> Fax: (970) 352-0242
> 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 attorney
1
privileged and 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.
>
> Original Message
> From: William Danks <wcdanks@edanks.com>
> Sent: Wednesday, November 28, 2018 8:33 AM
> To: PPark@dcpmidstream.com; Kim Ogle <kogle@weldgov.com>; Sean Conway
> <sconway@weldgov.com>; Bruce Barker <bbarker@weldgov.com>; Julie Cozad
> <jcozad@weldgov.com>; Mike Livengood <mlivengood@weldgov.com>; Mike
> Freeman <mfreeman@weldgov.com>; Steve Moreno <smoreno@weldgov.com>
> Subject: Re: contact info
>
> Caution: This email originated from outside of Weld County Government. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
>
>
> To: Custodian of Records: County Attorney Bruce Barker, Weld County
> Commissioners, Weld County Planner Kim Ogle
> > Weld County Government
>> 1150 O St.
> > Greeley, CO 80631
Dear County Attorney Bruce Barker, Weld County Commissioners, Weld
County Planner Kim Ogle
Pursuant to the Colorado Open Records Act § 24-72-201 et seq., I
request that you make available for inspection and copying the
following public records:
1. All emails and all other communications (paper or digital) from January 1, 2014 to November 28, 2018
to and from DCP Midstream (and any related companies or agents including their attorneys and agents) and
> a. The Office of the Weld County Attorney b. Any of the Weld County
> Commissioners c. The Weld County Planning Department
>> >
> > If you are not the custodian of records for this request, please
> >forward this letter to the appropriate person or let me know which
> > person(s) has custody of these records. I request a waiver of all
> >fees for searching or copying these records in that the disclosure of
> >the requested information is in the public interest and will
> >contribute significantly to the public's understanding.
> > This information is not being sought for commercial purposes. If
> >there are any fees for searching or copying these records, please
> >inform me if the cost will exceed $30.
> > Please set a date and hour, within three working days following
> >receipt of this letter, at which time the records will be made
> >available for inspection, as required by § 24-72-203(2), C.R.S. If
> >access to these records will take longer, please cite the extenuating
> >circumstances and let me know when I should expect copies or the
> >ability to inspect the requested records.
> > I ask that records available in electronic format be transmitted by
> >email to wcdanks@edanks.com.
> > If you deny any portion, or all, of this request, please provide me
2
> >with a written explanation of the reason(s) for your denial,
> >including a citation to each specific statutory exemption you feel
> >justifies the refusal to release the information and notify me of the
> >appeal procedures available to me under the law. If you conclude that
> >portions of the records that I request are exempt from disclosure,
> >please release the remainder of such records for inspection and
> >copying, redacting only the portion or portions that you claim are
> >exempt. Thank you for considering my request.
> > Sincerely, William C. Danks
> > (970) 395-0495]
> > wcdanks@edanks.com]
> On Sat, Nov 24, 2018 at 4:47 PM William Danks <wcdanks@edanks.com> wrote:
> > Paul,
> > I have not heard from you since our telephone conversation on Nov.
>>12
> > - "Great talking to you. Look forward to talking to you again."
> > We are rapidly approaching the Dec 4 hearing date. There is a lot
> > of information which I need from you in order to be prepared for the
> > hearing.
> > In this case, I see two major issues:
> > 1. Should DCP (in conjunction with all of the oil drilling
> > companies) have filed an application to essentially make a new
> > zoning map for Weld County instead of using the site by site re -zoning approach?
> > 2. Assuming that this application is not dismissed for failure to
> > file for a comprehensive re -zoning for the entire project, what are
> > the defects in the present application.
> > In this email, I will outline issue 1 above.
> > From the information on the web page for DPS Midstream, it is clear
> > that at least by late 2014, DCP had a master plan for the Grand
> > Parkway including and surrounding Greeley. The Grand Parkway is a
> > 62 mile pipeline around Greeley to transport all of the natural gas
> > which would be produced by all of the wells drilled within and
> > outside of the circle. This project required DCP to learn from each
> > of the drilling companies where they planned to drill their wells
> > and the expected out -put of natural gas from each of the wells. It
> > further required co-ordination with the company (NGL) which would
> > dispose of the "produced fluid" in injection wells and the tanker
> > trucks to carry this "produced fluid" to the injection wells from
> > the well sites. It further required co-ordination with suppliers of
> > water to be used in the drilling and sites for the disposal of the
> > "drilling mud." If further required co-ordination for the massive
> > impact on the public roads.
> > Thus, please provide all of the information which DPS obtained from
> > all of the drilling companies etc. which was used by DCP in
> > preparing this massive project and the actual plans of DCP for the project.
> > Please also provide all communications with all of the governmental
> > entities within the area of the Grand Parkway, e.g. the City of
> > Greeley and all of the other municipalities and Weld County
3
> > Government. Also, please also provide all communications with the
> > regulatory agencies of the State of Colorado concerning this massive
> > project.
> > Please also provide the names and case numbers of all of the
> > applications filed by DCP Midstream for Special Use Permits. Sec.
> > 23-2-200. -Uses by Special Review
> > Please also provide names and case numbers of all of the TWOGLA
> > (WELD OIL & GAS LOCATION ASSESSMENT) applications. These well
> > drilling sites are also clearly industrial uses. These drilling
> > sites are now containing over twenty (20) tanks and other equipment
> > which is far different than the one tank and one separator needed
> > for the old horizontal wells which had four wells on 160 acres.
> > The Grand Parkway including all of the wells, processing plants etc.
> > are clearly industrial uses. The existing Weld County Zoning Map
> > does have certain land in Weld County designated for industrial use.
> > However, the vast majority of this massive project is in areas which
> > are zoned agricultural, with a lesser amount in areas zoned
> > commercial or residential. Instead of the some 100+ applications for
> > Special Use and TWOGLA (WELD OIL & GAS LOCATION ASSESSMENT) , a new
> > or vastly amended zoning plan for Weld County should have been made
> > and this application should be denied for failing to conform to the
> > master zoning plan..
> > The arguments made by the Ireland Stapleton law firm in their
> > Opening Brief in the Martin Marietta case are incorporated by
> > reference. A copy of the brief is found at
> > https://urldefense.proofpoint.com/v2/url?u=http-3A_clr-2D34.org_mar
> > ti
> > n-2Dmarietta-2Dhwy34-2Dproject_appeal-2Dto-2Dthe-2Dco-2Dcourt-2Dof-2
>> Da
> > ppeals_&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=ymel0MiGv999gMR2uKPQmIMu
> > eL
> > zFpzjsdP5OXag8_a8&m=Y92g1 KHQAZ7LHwNtVFfQgRHMghw7wiiD5KIWcs0YwoE&s=iA
> > of AHUZ9rKupRGEZdOyE4FjPbjEbWiPgT5vINLgNok&e=
> > The use of all of the special exceptions constitute a violation of
> > the State, County and municipal laws on zoning. They further violate
> > the US. Constitution and Colorado clauses on equal protection and
> > due process. They further violate the US Constitution and State
> > Constitution on taking of private property --- land owners under
> > threat of condemnation have sold easements in connection with this
> > massive project without knowing the full impact of the entire
> > project on their property.
> > Bill Danks
> > On Fri, Nov 16, 2018 at 1:58 PM William Danks <wcdanks@edanks.com>wrote:
>>>
> > > Re: USR18-0099
>>>
> > > Paul, it was also great talking to you.
>>>
>> >
>> >
>> >
>> >
>>>
>>>
>>>
>>>
>>>
>> >
>> >
>> >
>> >
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>> >
>> >
>> >
>> >
>>>
>>>
>>>
>>>
>>>
>> >
>> >
>> >
>> >
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>> >
>>>
>> >
>> >
>>>
Since we talked last Monday, I have probably spent 15-20 hours
reading all of the news releases, investor articles and other
information on the DCP Midstream web page. The web page is an excellent resource.
Also, I have probably spent another 15- 20 hours on the excellent
Greeley County Government web page studying the county zoning
code, the Bonanza Creek (DCP) application (USR18-0099), the state
statutes on zoning, the Court of Appeal briefs in the Martin Marietta case etc.
When I talked with you last Monday, I did not realize the size of
the whole project - 62 mile pipeline loop around Greeley nor where
the name Grand Parkway came from. Quoting from the news release of
American Steel Pipe at
https://urldefense.proofpoint.com/v2/url?u=https-3A news.american
-2
Dusa.com_2018_01 _23_coloradograndparkway_&d=Dwl FaQ&c=A8J9jb3_CIsSI
at
ombqkDA&r=ymel0MiGv999gMR2uKPQmIMueLzFpzjsdP5OXag8_a8&m=Y92g1 KHQAZ
7L
HwNtVFfQgRHMghw7wiiD5KIWcs0YwoE&s=JRcUgKJkbDfTA-fjObRsouBkZxWbIc1A
Nh
_5w-IzXnY&e=
"The Grand Parkway in Houston, Texas, is a large freeway loop
surrounding the city and encompassing six different counties. This
large construction project that connects the country's largest
geographical metroplex is also the inspiration for DCP Midstream's
new 62 -mile steel pipeline in Greeley, Colorado.
"AMERICAN Steel Pipe is being used in the DCP Grand Parkway
system, which is aimed at relieving traffic and efficiently moving
unprocessed gas in its existing gathering system.
"Just as Houston's Grand Parkway is intended to relieve traffic,
DCP's Grand Parkway system is aimed at relieving traffic and
efficiently moving unprocessed gas in its existing gathering system.
"Grand Parkway gives us options and variability in minimizing
impacts during down service time," said DCP Midstream Senior
Project Manager Steve Nelson. "It improves our system reliability
and aids in keeping field pressures consistent across our gathering system."
Essentially the project encompasses a circle for the development
of gas wells with the City of Greeley at the center of the circle.
I found the map provided by DCP at the following link to be very
helpful in understanding this expenditure by DCP of $395 million -
a figure that does not even begin to cover the cost of all the
wells drilled within the circle.
https://urldefense.proofpoint.com/v2/url?u=https-3A www.dcpmidstr
ea
m. com_dcpmidstream_media_DCP_Pdfs_Mewbourn3-5FFact-5FSheet-5FFinal
p
df&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=ymel0MiGv999gMR2uKPQmIMueLz
5
>>>Fp
> > > zjsdP5OXag8_a8&m=Y92g1 KHQAZ7LHwNtVFfQgRHMghw7wiiD5KIWcs0YwoE&s=VIO
> > > 3y pzgUxFaMSdD0S1 NAac1 LfWk4dc8Z7P6gxd9T4o&e=
>>>
> > > "Mewbourn 3 is a cryogenic natural gas processing plant in the DJ
> > > Basin. Mewbourn 3 will be DCP's tenth plant in the basin. Located
> > > at the existing site of DCP's Mewbourn Gas Plant, Mewbourn 3 will
> > > foster the development of oil and gas resources in Weld County by
> > > expanding and enhancing natural gas gathering and processing
> > > services in the area. The Mewbourn 3 project also includes the
> > > next phase of the Grand Parkway low pressure gathering and
> > > associated compression asset, which is also expected to be
> > > completed by the end of 2018. The Mewbourn 3 plant will connect to
> > > the Front Range Pipeline, one-third owned by DCP Midstream, for
> > > NGL takeaway to Mont Belvieu, Texas. Total capital investment for
> > > the plant and associated gathering is expected to be up to $395 million."
>>>
> > > My wife and I watched the 2 minute video of "Midstream 101" five
> > > or six times at https://urldefense.proofpoint.com/v2/url?u=http-
3A_www. dcpmidstream. com_company_midstream-
2D101&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=ymel0MiGv999gMR2uKPQmIMueLzFpzjsdP5OXag8_a8
&m=Y92g1 KHQAZ7LHwNtVFfQgRHMghw7wiiD5KIWcs0YwoE&s=fmzCm50r20I7HNLNRFDKugdp72oH3eNF
c8iexmOC000&e=.
>>>
> > > It was very helpful overview. For one thing, I had not understood
> > > the significance of "Midstream" in the company name "DCP Midstream".
> > > The video provides a very good explanation of the integrated
> > > system of the "Upstream" wells which are drilled by the various
> > > well drilling companies, e.g. PDC Energy, Noble, etc and the
> > > crucial role played by the "Midstream" pipeline gathering system and processing plants.
>>>
> > > In your email, you said that you look forward to talking with me
> > > again. I look forward to it as well.
>>>
> > > Will next Monday at 4 p.m. work for you for another 1 hour+
> > > telephone discussion? I am sending a copy of this email to County
> > > Planner Kim Ogle to let him know that we are discussing these issues.
>>>
> > > Bill Danks
> > > On Mon, Nov 12, 2018 at 5:29 PM Park, Paul D <PPark@dcpmidstream.com> wrote:
>> >>
> >> Bill
>> >>
>> >>
>> >>
> > > > Great talking to you.
>> >>
> > > > Look forward to talking to you again.
>> >>
>> >>
>> >>
> > > > Thanks,
>> >>
> > Paul
>> >>
>>>
>
6
>> >>
> > > > DCP Operating Company LP
>> >>
> » Paul DPark
>> >>
> > > > Senior Regulatory Analyst
>> >>
> > > > Office 970 378 6372
>> >>
> > > > Mobile 970 539 1908
>> >>
> > > > Email ppark@dcpmidstream.com
>> >>
>> >>
7
Selena Baltierra
From:
Sent:
To:
Cc:
Subject:
Kim Ogle
Sunday, January 20, 2019 9:36 AM
Selena Baltierra; Esther Gesick
Chloe Rempel
FW: contact info
Please add to the case file for USR18-0099 Thank you
Original Message
From: William Danks <wcdanks@edanks.com>
Sent: Saturday, January 19, 2019 4:53 PM
To: Bruce Barker <bbarker@weldgov.com>; Park, Paul D <PPark@dcpmidstream.com>; Kim Ogle
< kogle@weldgov.com>: Sean Conway <sconway@weldgov.com>; Bruce Barker <bbarker@weldgov.com>;
Julie Cozad <jcozad@weldgov.com>; Mike Livengood <mlivengood@weldgov.com>; Mike Freeman
< mfreeman@weldgov.com>; Steve Moreno <smoreno@weldgov.com>; edmillage@comcast.net;
tsilvy@greeleytribune.com; uwwc@unitedway-weld.org; info@unitedwaydenver.org;
info@unitedwayfoothills.org; Weld District Attorney <weldda@co.weld.co.us>; Barney Hammond
< Barney.Hammond@pdce.com>; Andrew Fiske <Andrew.Fiske@pdce.com>; mlacis@irelandstapleton.com;
jsilvestro@irelandstapleton.com; Barbara Kirkmeyer <bkirkmeyer@weldgov.com>; Scott James
< me@scottkjames.com>; Scott James <sjames@weldgov.com>; Patrick Groom <PGroom@wobjlaw.com>;
Amy Ritt <amyritt@aol.com>
Subject: Fwd: contact info
Caution: This email originated from outside of Weld County Government. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Forwarded message
From: William Danks <wcdanks@edanks.com>
Date: Sat. Jan 19, 2019 at 4:51 PM
Subject: Re: contact info
To: Bruce Barker <bbarker@weldgov.com>
Cc: PPark@dcpmidstream.com <PPark@dcpmidstream.com>. Kim Ogle <kogle@weldgov.com>, Sean
Conway <sconway@weldgov.com>, Julie Cozad <jcozad@weldgov.com>, Mike Livengood
< mlivengood@weldgov.com>, Mike Freeman <mfreeman@weldgov.com>, Steve Moreno
< smoreno@weldgov.com>
To: County Attorney Bruce Barker and District Attorney Michael Rourke, \ Here is the email from County
Attorney Barker dated November 29, 2018.
Bill Danks
On Thu, Nov 29, 2018 at 8:43 AM Bruce Barker <bbarker@weldgov.com>wrote:
> Mr. Danks:
> I have forwarded your request to Ryan Rose, Director, Weld County Information Technology, to collect the
records you have requested. Ryan estimates doing this work will take him approximately 3 hours. I will then
need to review the records to determine if they are "public records," pursuant to CRS 24-72-202(6). If they are
"public records" according to that definition, I will then determine if they are subject to inspection in accordance
1
with CRS 24-72-203 and 24-72-204. I expect my review will take about 2 hours. All told, I estimate the time
Ryan and his staff and I will spend to comply with your request will be 5 hours. Pursuant to CRS 24-72-
205(6)(a), the first hour is free, but each hour spent thereafter is to be charged at $30 per hour. Please see
Item 6 in the attached Appendix 5-D from the Weld County Code which explains the fee schedule. The total
will be $120. That amount must be paid in advance of any further time being spent by Ryan and his staff and
by me. Payment should be made payable to "Weld County, Colorado."
> Please let me know if you have any questions.
> Bruce T. Barker, Esq.
> Weld County Attorney
> P.O. Box 758
> 1150 "O" Street
> Greeley, CO 80632
> (970) 356-4000, Ext. 4390
> Fax: (970) 352-0242
> 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 attorney
privileged and 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.
> Original Message
> From: William Danks <wcdanks@edanks.com>
> Sent: Wednesday, November 28, 2018 8:33 AM
> To: PPark@dcpmidstream.com; Kim Ogle <kogle@weldgov.com>; Sean Conway
> <sconway@weldgov.com>; Bruce Barker <bbarker@weldgov.com>; Julie Cozad
> <jcozad@weldgov.com>; Mike Livengood <mlivengood@weldgov.com>; Mike
> Freeman <mfreeman@weldgov.com>; Steve Moreno <smoreno@weldgov.com>
> Subject: Re: contact info
> Caution: This email originated from outside of Weld County Government. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
> To: Custodian of Records: County Attorney Bruce Barker, Weld County
> Commissioners, Weld County Planner Kim Ogle
> > Weld County Government
» 1150 O St.
> > Greeley, CO 80631
> > Dear County Attorney Bruce Barker, Weld County Commissioners, Weld
> > County Planner Kim Ogle
> > Pursuant to the Colorado Open Records Act § 24-72-201 et seq., I
> > request that you make available for inspection and copying the
> > following public records:
> > 1. All emails and all other communications (paper or digital) from January 1, 2014 to November 28, 2018
to and from DCP Midstream (and any related companies or agents including their attorneys and agents) and
> a. The Office of the Weld County Attorney b. Any of the Weld County
2
> Commissioners c. The Weld County Planning Department
>> >
> > If you are not the custodian of records for this request, please
> >forward this letter to the appropriate person or let me know which
> > person(s) has custody of these records. I request a waiver of all
> >fees for searching or copying these records in that the disclosure of
> >the requested information is in the public interest and will
> >contribute significantly to the public's understanding.
> > This information is not being sought for commercial purposes. If
> >there are any fees for searching or copying these records, please
> >inform me if the cost will exceed $30.
> > Please set a date and hour, within three working days following
> >receipt of this letter, at which time the records will be made
> >available for inspection, as required by § 24-72-203(2), C.R.S. If
> >access to these records will take longer, please cite the extenuating
> >circumstances and let me know when I should expect copies or the
> >ability to inspect the requested records.
> > I ask that records available in electronic format be transmitted by
> >email to wcdanks@edanks.com.
> > If you deny any portion, or all, of this request, please provide me
> >with a written explanation of the reason(s) for your denial,
> >including a citation to each specific statutory exemption you feel
> >justifies the refusal to release the information and notify me of the
> >appeal procedures available to me under the law. If you conclude that
> >portions of the records that I request are exempt from disclosure,
> >please release the remainder of such records for inspection and
> >copying, redacting only the portion or portions that you claim are
> >exempt. Thank you for considering my request.
> > Sincerely, William C. Danks
> > (970) 395-0495]
> > wcdanks@edanks.com]
> On Sat, Nov 24, 2018 at 4:47 PM William Danks <wcdanks@edanks.com> wrote:
> > Paul,
> > I have not heard from you since our telephone conversation on Nov.
» 12
> > - "Great talking to you. Look forward to talking to you again."
> > We are rapidly approaching the Dec 4 hearing date. There is a lot
> > of information which I need from you in order to be prepared for the
> > hearing.
> > In this case, I see two major issues:
> > 1. Should DCP (in conjunction with all of the oil drilling
> > companies) have filed an application to essentially make a new
> > zoning map for Weld County instead of using the site by site re -zoning approach?
> > 2. Assuming that this application is not dismissed for failure to
> > file for a comprehensive re -zoning for the entire project, what are
> > the defects in the present application.
> > In this email, I will outline issue 1 above.
> > From the information on the web page for DPS Midstream, it is clear
3
> > that at least by late 2014, DCP had a master plan for the Grand
> > Parkway including and surrounding Greeley. The Grand Parkway is a
> > 62 mile pipeline around Greeley to transport all of the natural gas
> > which would be produced by all of the wells drilled within and
> > outside of the circle. This project required DCP to learn from each
> > of the drilling companies where they planned to drill their wells
> > and the expected out -put of natural gas from each of the wells. It
> > further required co-ordination with the company (NGL) which would
> > dispose of the "produced fluid" in injection wells and the tanker
> > trucks to carry this "produced fluid" to the injection wells from
> > the well sites. It further required co-ordination with suppliers of
> > water to be used in the drilling and sites for the disposal of the
> > "drilling mud." If further required co-ordination for the massive
> > impact on the public roads.
> > Thus, please provide all of the information which DPS obtained from
> > all of the drilling companies etc. which was used by DCP in
> > preparing this massive project and the actual plans of DCP for the project.
> > Please also provide all communications with all of the governmental
> > entities within the area of the Grand Parkway, e.g. the City of
> > Greeley and all of the other municipalities and Weld County
> > Government. Also, please also provide all communications with the
> > regulatory agencies of the State of Colorado concerning this massive
> > project.
> > Please also provide the names and case numbers of all of the
> > applications filed by DCP Midstream for Special Use Permits. Sec.
> > 23-2-200. -Uses by Special Review
> > Please also provide names and case numbers of all of the TWOGLA
> > (WELD OIL & GAS LOCATION ASSESSMENT) applications. These well
> > drilling sites are also clearly industrial uses. These drilling
> > sites are now containing over twenty (20) tanks and other equipment
> > which is far different than the one tank and one separator needed
> > for the old horizontal wells which had four wells on 160 acres.
> > The Grand Parkway including all of the wells, processing plants etc.
> > are clearly industrial uses. The existing Weld County Zoning Map
> > does have certain land in Weld County designated for industrial use.
> > However, the vast majority of this massive project is in areas which
> > are zoned agricultural, with a lesser amount in areas zoned
> > commercial or residential. Instead of the some 100+ applications for
> > Special Use and TWOGLA (WELD OIL & GAS LOCATION ASSESSMENT) , a new
> > or vastly amended zoning plan for Weld County should have been made
> > and this application should be denied for failing to conform to the
> > master zoning plan..
> > The arguments made by the Ireland Stapleton law firm in their
> > Opening Brief in the Martin Marietta case are incorporated by
> > reference. A copy of the brief is found at
> > https://urldefense.proofpoint.com/v2/url?u=http-3A_clr-2D34.org_mar
> > ti
> > n-2Dmarietta-2Dhwy34-2Dproject_appeal-2Dto-2Dthe-2Dco-2Dcourt-2Dof-2
>> Da
> > ppeals_&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=ymel0MiGv999gMR2uKPQmIMu
4
»eL
> > zFpzjsdP5OXag8_a8&m=Y92g1 KHQAZ7LHwNtVFfQgRHMghw7wiiD5KIWcs0YwoE&s=iA
> > of AHUZ9rKupRGEZdOyE4FjPbjEbWiPgT5vINLgNok&e=
> > The use of all of the special exceptions constitute a violation of
> > the State, County and municipal laws on zoning. They further violate
> > the US. Constitution and Colorado clauses on equal protection and
> > due process. They further violate the US Constitution and State
> > Constitution on taking of private property --- land owners under
> > threat of condemnation have sold easements in connection with this
> > massive project without knowing the full impact of the entire
> > project on their property.
> > Bill Danks
> > On Fri, Nov 16, 2018 at 1:58 PM William Danks <wcdanks@edanks.com> wrote:
> »
> > > Re: USR18-0099
> »
> > > Paul, it was also great talking to you.
> »
> > > Since we talked last Monday, I have probably spent 15-20 hours
> > > reading all of the news releases, investor articles and other
> > > information on the DCP Midstream web page. The web page is an excellent resource.
> »
> > > Also, I have probably spent another 15- 20 hours on the excellent
> > > Greeley County Government web page studying the county zoning
> > > code, the Bonanza Creek (DCP) application (USR18-0099), the state
> > > statutes on zoning, the Court of Appeal briefs in the Martin Marietta case etc.
> »
> > > When I talked with you last Monday, I did not realize the size of
> > > the whole project - 62 mile pipeline loop around Greeley nor where
> > > the name Grand Parkway came from. Quoting from the news release of
> > > American Steel Pipe at
>>>
> > > https://urldefense.proofpoint.com/v2/url?u=https-3A_news.american
> > > -2
> > > Dusa.com_2018_01_23_coloradograndparkway_&d=DwIFaQ&c=A8J9jb3_CIsSI
» > at
> > > ombgkDA&r=ymel0MiGv999gMR2uKPQmIMueLzFpzjsdP5OXag8_a8&m=Y92g1KHQAZ
> >7L
> > > HwNtVFfQgRHMghw7wiiD5KIWcs0YwoE&s=JRcUgKJkbDfTA-fjObRsouBkZxWbIc1A
>>>Nh
> > > _5w-IzXnY&e=
> »
> > > "The Grand Parkway in Houston, Texas, is a large freeway loop
> > > surrounding the city and encompassing six different counties. This
> > > large construction project that connects the country's largest
> > > geographical metroplex is also the inspiration for DCP Midstream's
> > > new 62 -mile steel pipeline in Greeley, Colorado.
> »
> > > "AMERICAN Steel Pipe is being used in the DCP Grand Parkway
> > > system, which is aimed at relieving traffic and efficiently moving
> > > unprocessed gas in its existing gathering system.
>>>
> > > "Just as Houston's Grand Parkway is intended to relieve traffic,
> > > DCP's Grand Parkway system is aimed at relieving traffic and
> > > efficiently moving unprocessed gas in its existing gathering system.
>
> > > "Grand Parkway gives us options and variability in minimizing
> > > impacts during down service time," said DCP Midstream Senior
> > > Project Manager Steve Nelson. "It improves our system reliability
> > > and aids in keeping field pressures consistent across our gathering system."
>>>
> > > Essentially the project encompasses a circle for the development
> > > of gas wells with the City of Greeley at the center of the circle.
> > > I found the map provided by DCP at the following link to be very
> > > helpful in understanding this expenditure by DCP of $395 million -
> > > a figure that does not even begin to cover the cost of all the
> > > wells drilled within the circle.
>>>
> > > https://urldefense.proofpoint.com/v2/url?u=https-3A_www.dcpmidstr
> > > ea
> > > m. com_dcpmidstream_media_DCP_Pdfs_Mewbourn3-5FFact-5FSheet-5FFinal
>>>.p
> > > df&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=ymelOMiGv999gMR2uKPQmIMueLz
>>>Fp
> > > zjsdP5OXag8_a8&m=Y92g1 KHQAZ7LHwNtVFfQgRHMghw7wiiD5KIWcsOYwoE&s=VIO
> > > 3y pzgUxFaMSdD0S1 NAac1 LfWk4dc8Z7P6gxd9T4o&e=
>>>
> > > "Mewbourn 3 is a cryogenic natural gas processing plant in the DJ
> > > Basin. Mewbourn 3 will be DCP's tenth plant in the basin. Located
> > > at the existing site of DCP's Mewbourn Gas Plant, Mewbourn 3 will
> > > foster the development of oil and gas resources in Weld County by
> > > expanding and enhancing natural gas gathering and processing
> > > services in the area. The Mewbourn 3 project also includes the
> > > next phase of the Grand Parkway low pressure gathering and
> > > associated compression asset, which is also expected to be
> > > completed by the end of 2018. The Mewbourn 3 plant will connect to
> > > the Front Range Pipeline, one-third owned by DCP Midstream, for
> > > NGL takeaway to Mont Belvieu, Texas. Total capital investment for
> > > the plant and associated gathering is expected to be up to $395 million."
>>>
> > > My wife and I watched the 2 minute video of "Midstream 101" five
> > > or six times at https://urldefense.proofpoint.com/v2/url?u=http-
3A_www.dcpmidstream.com_company_midstream-
2D101 &d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=ymel0MiGv999gMR2uKPQmIMueLzFpzjsdP5OXag8_a8
&m=Y92g1 KHQAZ7LHwNtVFfQgRHMghw7wiiD5KIWcs0YwoE&s=fmzCm50r20I7HNLNRFDKugdp72oH3eNF
c8iexmOC000&e=.
>>>
> > > It was very helpful overview. For one thing, I had not understood
> > > the significance of "Midstream" in the company name "DCP Midstream".
> > > The video provides a very good explanation of the integrated
> > > system of the "Upstream" wells which are drilled by the various
> > > well drilling companies, e.g. PDC Energy, Noble, etc and the
> > > crucial role played by the "Midstream" pipeline gathering system and processing plants.
>>>
> > > In your email, you said that you look forward to talking with me
> > > again. I look forward to it as well.
>>>
> > > Will next Monday at 4 p.m. work for you for another 1 hour+
6
> > > telephone discussion? I am sending a copy of this email to County
> > > Planner Kim Ogle to let him know that we are discussing these issues.
>>>
> > > Bill Danks
> > > On Mon, Nov 12, 2018 at 5:29 PM Park, Paul D <PPark@dcpmidstream.com> wrote:
>> >>
»»Bill
>> >>
>> >>
>> >>
> > > > Great talking to you.
>> >>
> > > > Look forward to talking to you again.
>> >>
>> >>
>> >>
> > > > Thanks,
>> >>
> > Paul
>> >>
>> >>
>> >>
> > > > DCP Operating Company LP
>> >>
> > > > Paul D Park
>> >>
> > > > Senior Regulatory Analyst
>> >>
> > > > Office 970 378 6372
>> >>
> > > > Mobile 970 539 1908
>> >>
> > > > Email ppark@dcpmidstream.com
>> >>
>> >>
Selena Baltierra
From:
Sent:
To:
Cc:
Subject:
Kim Ogle
Sunday, January 20, 2019 9:35 AM
Selena Baltierra; Esther Gesick
Chloe Rempel
FW: contact info
Please add to the case file for USR18-0099 Thank you
Original Message
From: William Danks <wcdanks@edanks.com>
Sent: Saturday, January 19, 2019 4:49 PM
To: Park, Paul D <PPark@dcpmidstream.com>; Kim Ogle <kogle@weldgov.com>; Sean Conway
< sconway@weldgov.com>; Bruce Barker <bbarker@weldgov.corrm>; Julie Cozad <jcozad@weldgov.com>;
Mike Livengood <mlivengood@weldgov.com>; Mike Freeman <mfreeman@weldgov.com>; Steve Moreno
< smoreno@weldgov.com>
Subject: Re: contact info
Caution: This email originated from outside of Weld County Government. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
To: County Attorney Bruce Barker and District Attorney Michael Rourke;
Here is my email to County Attorney Barker on November 28, 2018.
Bill Danks
On Wed, Nov 28, 2018 at 8:32 AM William Danks <wcdanks@edanks.com>wrote:
>
> To: Custodian of Records: County Attorney Bruce Barker, Weld County
> Commissioners, Weld County Planner Kim Ogle
> > Weld County Government
>> 1150 O St.
> > Greeley, CO 80631
> >
> > Dear County Attorney Bruce Barker, Weld County Commissioners, Weld
> > County Planner Kim Ogle
> >
> > Pursuant to the Colorado Open Records Act § 24-72-201 et seq., I
> > request that you make available for inspection and copying the
> > following public records:
> > 1. All emails and all other communications (paper or digital) from January 1, 2014 to November 28, 2018
to and from DCP Midstream (and any related companies or agents including their attorneys and agents) and
> a. The Office of the Weld County Attorney b. Any of the Weld County
> Commissioners c. The Weld County Planning Department
>> >
> > If you are not the custodian of records for this request, please
> >forward this letter to the appropriate person or let me know which
1
> > person(s) has custody of these records. I request a waiver of all
> >fees for searching or copying these records in that the disclosure
> >of the requested information is in the public interest and will
> >contribute significantly to the public's understanding.
> > This information is not being sought for commercial purposes. If
> >there are any fees for searching or copying these records, please
> >inform me if the cost will exceed $30.
> > Please set a date and hour, within three working days following
> >receipt of this letter, at which time the records will be made
> >available for inspection, as required by § 24-72-203(2), C.R.S. If
> >access to these records will take longer, please cite the extenuating
> >circumstances and let me know when I should expect copies or the
> >ability to inspect the requested records.
> > I ask that records available in electronic format be transmitted by
> >email to wcdanks@edanks.com.
> > If you deny any portion, or all, of this request, please provide me
> >with a written explanation of the reason(s) for your denial,
> >including a citation to each specific statutory exemption you feel
> >justifies the refusal to release the information and notify me of
> >the appeal procedures available to me under the law. If you conclude
> >that portions of the records that I request are exempt from
> >disclosure, please release the remainder of such records for
> >inspection and copying, redacting only the portion or portions that
> >you claim are exempt. Thank you for considering my request.
> > Sincerely, William C. Danks
> > (970) 395-0495]
> > wcdanks@edanks.com]
> On Sat, Nov 24, 2018 at 4:47 PM William Danks <wcdanks@edanks.com> wrote:
> > Paul,
> > I have not heard from you since our telephone conversation on Nov.
>>12
> > - "Great talking to you. Look forward to talking to you again."
> > We are rapidly approaching the Dec 4 hearing date. There is a lot
> > of information which I need from you in order to be prepared for the
> > hearing.
> > In this case, I see two major issues:
> > 1. Should DCP (in conjunction with all of the oil drilling
> > companies) have filed an application to essentially make a new
> > zoning map for Weld County instead of using the site by site re -zoning approach?
> > 2. Assuming that this application is not dismissed for failure to
> > file for a comprehensive re -zoning for the entire project, what are
> > the defects in the present application.
> > In this email, I will outline issue 1 above.
> > From the information on the web page for DPS Midstream, it is clear
> > that at least by late 2014, DCP had a master plan for the Grand
> > Parkway including and surrounding Greeley. The Grand Parkway is a
> > 62 mile pipeline around Greeley to transport all of the natural gas
> > which would be produced by all of the wells drilled within and
> > outside of the circle. This project required DCP to learn from each
2
> > of the drilling companies where they planned to drill their wells
> > and the expected out -put of natural gas from each of the wells. It
> > further required co-ordination with the company (NGL) which would
> > dispose of the "produced fluid" in injection wells and the tanker
> > trucks to carry this "produced fluid" to the injection wells from
> > the well sites. It further required co-ordination with suppliers of
> > water to be used in the drilling and sites for the disposal of the
> > "drilling mud." If further required co-ordination for the massive
> > impact on the public roads.
> > Thus, please provide all of the information which DPS obtained from
> > all of the drilling companies etc. which was used by DCP in
> > preparing this massive project and the actual plans of DCP for the project.
> > Please also provide all communications with all of the governmental
> > entities within the area of the Grand Parkway, e.g. the City of
> > Greeley and all of the other municipalities and Weld County
> > Government. Also, please also provide all communications with the
> > regulatory agencies of the State of Colorado concerning this massive
> > project.
> > Please also provide the names and case numbers of all of the
> > applications filed by DCP Midstream for Special Use Permits. Sec.
> > 23-2-200. -Uses by Special Review
> > Please also provide names and case numbers of all of the TWOGLA
> > (WELD OIL & GAS LOCATION ASSESSMENT) applications. These well
> > drilling sites are also clearly industrial uses. These drilling
> > sites are now containing over twenty (20) tanks and other equipment
> > which is far different than the one tank and one separator needed
> > for the old horizontal wells which had four wells on 160 acres.
> > The Grand Parkway including all of the wells, processing plants etc.
> > are clearly industrial uses. The existing Weld County Zoning Map
> > does have certain land in Weld County designated for industrial use.
> > However, the vast majority of this massive project is in areas which
> > are zoned agricultural, with a lesser amount in areas zoned
> > commercial or residential. Instead of the some 100+ applications for
> > Special Use and TWOGLA (WELD OIL & GAS LOCATION ASSESSMENT) , a new
> > or vastly amended zoning plan for Weld County should have been made
> > and this application should be denied for failing to conform to the
> > master zoning plan..
> > The arguments made by the Ireland Stapleton law firm in their
> > Opening Brief in the Martin Marietta case are incorporated by
> > reference. A copy of the brief is found at
> > https://urldefense.proofpoint.com/v2/url?u=http-3A_clr-2D34.org_mar
> > tin-2Dmarietta-2Dhwy34-2Dproject_appeal-2Dto-2Dthe-2Dco-2Dcourt-2Dof
> >-2Dappeals_&d=DwIFaQ&c=A8J9jb3_CIsSlatombqkDA&r=y1xwAFik4NylzLWMIPpN
> > xRidKiUTKHSFsiH2b_Lhi6w&m=M_vcnSJ2rYfVOR70iotvNsgRlOomdNeljczTY6bSpi
> > Q&s=xjz8SHWaSO0a7hDae5AHS-rGTunBNwH-OkRZ8d-w0Vc&e=
> > The use of all of the special exceptions constitute a violation of
> > the State, County and municipal laws on zoning. They further violate
> > the US. Constitution and Colorado clauses on equal protection and
> > due process. They further violate the US Constitution and State
3
> > Constitution on taking of private property --- land owners under
> > threat of condemnation have sold easements in connection with this
> > massive project without knowing the full impact of the entire
> > project on their property.
> > Bill Danks
> > On Fri, Nov 16, 2018 at 1:58 PM William Danks <wcdanks@edanks.com> wrote:
>>>
> > > Re: USR18-0099
>>>
> > > Paul, it was also great talking to you.
>>>
> > > Since we talked last Monday, I have probably spent 15-20 hours
> > > reading all of the news releases, investor articles and other
> > > information on the DCP Midstream web page. The web page is an excellent resource.
>>>
> > > Also, I have probably spent another 15- 20 hours on the excellent
> > > Greeley County Government web page studying the county zoning
> > > code, the Bonanza Creek (DCP) application (USR18-0099), the state
> > > statutes on zoning, the Court of Appeal briefs in the Martin Marietta case etc.
>>>
> > > When I talked with you last Monday, I did not realize the size of
> > > the whole project - 62 mile pipeline loop around Greeley nor where
> > > the name Grand Parkway came from. Quoting from the news release of
> > > American Steel Pipe at
>>>
> > > https://urldefense.proofpoint.com/v2/url?u=https-3A_news.american
> > >-2Dusa.com_2018_01_23_coloradograndparkway_&d=DwIFaQ&c=A8J9jb3_Cls
> > > SIatombgkDA&r=ylxwAFik4NyIzLWMIPpNxRidKiUTKHSFsiH2b_Lhi6w&m=M_vcnS
> > > J2rYfVOR70iotvNsgRlOomdNeljczTY6bSpiQ&s=3KPBmXIvTcbgTNgAygCP3sAy7C
> > > nwYr9rBpmsYe3gWbU&e=
>>>
> > > "The Grand Parkway in Houston, Texas, is a large freeway loop
> > > surrounding the city and encompassing six different counties. This
> > > large construction project that connects the country's largest
> > > geographical metroplex is also the inspiration for DCP Midstream's
> > > new 62 -mile steel pipeline in Greeley, Colorado.
>>>
> > > "AMERICAN Steel Pipe is being used in the DCP Grand Parkway
> > > system, which is aimed at relieving traffic and efficiently moving
> > > unprocessed gas in its existing gathering system.
>>>
> > > "Just as Houston's Grand Parkway is intended to relieve traffic,
> > > DCP's Grand Parkway system is aimed at relieving traffic and
> > > efficiently moving unprocessed gas in its existing gathering system.
>>>
> > > "Grand Parkway gives us options and variability in minimizing
> > > impacts during down service time," said DCP Midstream Senior
> > > Project Manager Steve Nelson. "It improves our system reliability
> > > and aids in keeping field pressures consistent across our gathering system."
>>>
> > > Essentially the project encompasses a circle for the development
> > > of gas wells with the City of Greeley at the center of the circle.
> > > I found the map provided by DCP at the following link to be very
4
> > > helpful in understanding this expenditure by DCP of $395 million -
> > > a figure that does not even begin to cover the cost of all the
> > > wells drilled within the circle.
>>>
> > > https://urldefense.proofpoint.com/v2/url?u=https-3A_www.dcpmidstr
> > > eam.com_dcpmidstream_media_DCP_Pdfs_Mewbourn3-5FFact-5FSheet-5FFin
> > > al.pdf&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=ylxwAFik4NylzLWMIPpNxRi
> > > dKiUTKHSFsiH2b_Lhi6w&m=M_vcnSJ2rYfVOR70iotvNsgRlOomdNeljczTY6bSpiQ
> > >&s=tpQbnE3yehnfBlevwV9LiNBtJMLuKgVgzw9yhTpPID8&e=
>>>
> > > "Mewbourn 3 is a cryogenic natural gas processing plant in the DJ
> > > Basin. Mewbourn 3 will be DCP's tenth plant in the basin. Located
> > > at the existing site of DCP's Mewbourn Gas Plant, Mewbourn 3 will
> > > foster the development of oil and gas resources in Weld County by
> > > expanding and enhancing natural gas gathering and processing
> > > services in the area. The Mewbourn 3 project also includes the
> > > next phase of the Grand Parkway low pressure gathering and
> > > associated compression asset, which is also expected to be
> > > completed by the end of 2018. The Mewbourn 3 plant will connect to
> > > the Front Range Pipeline, one-third owned by DCP Midstream, for
> > > NGL takeaway to Mont Belvieu, Texas. Total capital investment for
> > > the plant and associated gathering is expected to be up to $395 million."
>>>
> > > My wife and I watched the 2 minute video of "Midstream 101" five
> > > or six times at https://urldefense.proofpoint.com/v2/url?u=http-
3A_www.dcpmidstream.com_company_midstream-
2D101&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=y1 xwAFik4NylzLWMIPpNxRidKiUTKHSFsiH2b_Lhi6w&m
=M_vcnSJ2rYfVOR70iotvNsgRlOomdNeljczTY6bSpiQ&s=S_Px7FCvSS3E75G6z6PzQ5nA5puDaHOPHap44F
Xm5Pg&e=.
>>>
> > > It was very helpful overview. For one thing, I had not understood
> > > the significance of "Midstream" in the company name "DCP
> > > Midstream". The video provides a very good explanation of the
> > > integrated system of the "Upstream" wells which are drilled by the
> > > various well drilling companies, e.g. PDC Energy, Noble, etc and
> > > the crucial role played by the "Midstream" pipeline gathering system and processing plants.
>>>
> > > In your email, you said that you look forward to talking with me
> > > again. I look forward to it as well.
>>>
> > > Will next Monday at 4 p.m. work for you for another 1 hour+
> > > telephone discussion? I am sending a copy of this email to County
> > > Planner Kim Ogle to let him know that we are discussing these issues.
>>>
> > > Bill Danks
> > > On Mon, Nov 12, 2018 at 5:29 PM Park, Paul D <PPark@dcpmidstream.com>wrote:
>> >>
> »Bill
>> >>
>> >>
>> >>
> >> Great talking to you.
>> >>
> > > > Look forward to talking to you again.
>> >>
>> >>
5
>> >>
> > > > Thanks,
Paul
> > > > DCP Operating Company LP
>> >>
> > > > Paul D Park
>> >>
> > > > Senior Regulatory Analyst
>> >>
> > > > Office 970 378 6372
>> >>
> > > > Mobile 970 539 1908
>> >>
> > > > Email ppark@dcpmidstream.com
>> >>
>> >>
6
Selena Baltierra
From:
Sent:
To:
Cc:
Subject:
Kim Ogle
Tuesday, January 22, 2019 2:01 PM
Selena Baltierra
Esther Gesick; Chloe Rempel
FW: contact info
Hello and good morning,
Please add this email to the USR18-0099 case file.
Thank you.
Kim Ogle
Planner
Weld County Planning Services
1555 North 17th Avenue
Greeley, Colorado 80631
970.400.3549 Direct
970.353.6100 x 3540 Office
kogle@weldgov.com
Original Message
From: William Danks <wcdanks@edanks.com>
Sent: Monday. January 21, 2019 4:17 PM
To: Bruce Barker <bbarker@weldgov.com>; Park, Paul D <PPark@dcpmidstream.com>; Kim Ogle
< kogle@weldgov.com>; Sean Conway <sconway@weldgov.com>; Bruce Barker <bbarker@weldgov.com>;
Julie Cozad <jcozad@weldgov.com>; Mike Livengood <mlivengood@weldgov.com>; Mike Freeman
< mfreeman@weldgov.com>; Steve Moreno <smoreno@weldgov.com>; edmillage@comcast.net;
tsilvy@greeleytribune.com; uwwc@unitedway-weld.org; info@unitedwaydenver.org;
info@unitedwayfoothills.org; Weld District Attorney <weldda@co.weld.co.us>; Barney Hammond
< Barney.Hammond@pdce.com>; Andrew Fiske <Andrew.Fiske@pdce.com>; mlacis@irelandstapleton.com;
jsilvestro@iretandstapleton.com; Barbara Kirkmeyer <bkirkmeyer@weldgov.com>; Scott James
< me@scottkjames.com>; Scott James <sjames@weldgov.com>; Patrick Groom <PGroom@wobjlaw.com>;
Amy Ritt <amyritt@aol.com>
Subject: Re: contact info
Caution: This email originated from outside of Weld County Government. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
To: Patrick Groom as attorney for DCP Midstream,
I just received this message from DCP Midstream requesting a
continuance. A copy is reproduced below. We need to know the reason
you are requesting a continuance so that we can be prepared to respond
to your request.
Have you already communicated the request to anyone in Weld County
i
Government? Did you make the request verbally, in writing or both? If
verbally, who have you talked to and state what was said. If you made
the request in writing, then forward immediately to me your written
request.
Regarding your request to continue the December 19, 2018 hearing, now
is a good time for you, County Attorney Barker and County Planner Kim
Ogle to make full disclosure of how that request was made and how the
Commissioners had decided to grant the request before we arrived in
the Clerk's office on December 19 for that hearing.
Bill Danks
Bill Danks
Prairie Compressor Station continuance request
Inbox
x
Borders, Shannon
2:03 PM (1 hour ago)
to Shannon
Hello,
On Wednesday, January 23, DCP is scheduled to present the Prairie
Compressor Station (USR18-0099) at the Weld County Board of County
Commissioners hearing. We wanted to let our neighbors know we are
requesting a continuance to a date in early March. While we cannot
anticipate whether or not the continuance will be granted, we wanted
to keep you informed as we move through the process. Please let me
know if you have questions.
Regards,
Shannon Borders
Community Outreach Manager
DCP Midstream
cell 970.652.0397
sborders@dcpmidstream.com
On Sat, Jan 19, 2019 at 4:44 PM William Danks <wcdanks@edanks.com>wrote:
> To: Weld County Attorney Bruce Barker and District Attorney Michael Rourke,
> On January 1, 2019, I sent an email to you, County Attorney Barker,
> stating that "someone has attacked my computer." Mr. Barker, I have
> received no response from you.
> In a few minutes, I will forward to you my email to you dated November
> 28, 2018 at 8:32 a.m. and then in a few minutes after that, I will
> forward your email to me dated November 29, 2918 at 8:43 a.m. Please
> compare the wording of the http links in the email chain for the dates
> of November 24 at 4:47 p.m. and November 16, at 1:15 p.m. You will
> see that you changed the links to https://urldefense.proofpoint.com/v2/url?u=http-
3A_urldefense&d=Dwl FaQ&c=A8J9jb3_ClsSlatombgkDA&r=y1 xwAFik4NylzLWMI PpNxRidKiUTKHSFsiH2b_
Lhi6w&m=09jlwgRtx_n_4bKjcgBO0fz_JBBELgAt-KgL1 prhlbw&s=vx8gQ2u100B-
9hbBBuLM1chHwLLY5LDp11P6NN1-Fmo&e=.... Thus, when I
> continued to add future emails to this chain, the recipients of my
> future emails had corrupted link.
>
> County Attorney Barker , someone attacked my computer -- was it you?
>
> Bill Danks
>
>
>
> 17. William Danks email chain working backward from email to "Paul"
> Park dated Wed. Nov 28, 2018, and with email dated Nov 28, 2018 to
> "Custodian of Records ... " and with email to "Paul" Park dated Nov.
> 24, 2018 and with email to Paul dated Nov. 16, 2018 and email dated
> Nov 12 from Paul to "Bill" Please note the links in this copy of the
> emails will take one to the correct site. Somehow, these links same
> links were changed in the following Exhibit which contains copies of
> the same emails i.e. someone has attacked my computer. For example,
> the link https://urldefense.proofpoint.com/v2/url?u=http-3A_clr-2D34.org_martin-2Dmarietta-2Dhwy34-
2 D p roj a ct_a p pe a l -2 D to -2 Dt h e-2 D co -2 D co u rt-2 D of-
2Dappeals_&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=y1 xwAFik4NylzLWMIPpNxRidKiUTKHSFsiH2b_Lhi
6w&m=09jlwgRtx_n_4bKjcgBOOfz_JBBELgAt-KgL1 prhlbw&s=5lorTkEP9w70taz-
Uy4egpJVWLi5CP oOFPHEWfKP91&e=
> found in my original email dated November 24 has through this attack
> been changed so that the link will now read in this email as follows:
>
> https://urldefense.proofpoint.com/v2/url?u=http-3A_clr-2D34.org_mar
> tin-2Dmarietta-2Dhwy34-2Dproject_appeal-2Dto-2Dthe-2Dco-2Dcourt-2Dof-2
>
Dappeals_&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=ymel0MiGv999gMR2uKPQmlMueLzFpzjsdP5OXag8
_a8&m=Y92g1 KHQAZ7LHwNtVFfQgRHMghw7wiiD5KIWcs0YwoE&s=iAuf
> AHUZ9rKupRGEZdOyE4FjPbjEbWiPgT5vINLgNok&e=
>
> On Tue, Jan 1, 2019 at 7:24 PM William Danks <wcdanks@edanks.com> wrote:
> > To: Paul Park as agent for Bonanza, Patrick Groom as attorney for DCP,
> > Weld County Attorney Bruce Barker, Weld County Commissioners.
> > Re: Bonanza Application USR 18-0099 - Hearing Before Weld County
> > Commissioners set for January 23, 2019
> > Exhibit and Witness List of William C. Danks, 30150 CR 50, Kersey, Co. 80644
> > Exhibits:
> > 1. Planning Department home page for USR 18-0099 with links to
> > the following exhibits 2- 11 found at
https://www.weldgov.com/departments/planning_and_zoning/current_planning_cases/december_4_2018_p_
c_hearing/
> > 2. Application of Bonanza — 68 pp.
3
> 3.
> > 4.
> 5.
> > 6.
> > 7. Utilities — 5 pp.
Drainage Report — 13 pp.
Lighting Plan — 3 pp.
Tower Information — 11 pp.
USR Maps — 4 pp.
> > 8. Referral Comments — 15 pp.
> > 9. PC Exhibits —12 pp.
> > 10. Staff Report -12 pp.
> > 11. Draft PC Resolution— 10 pp.
> > 12. USE BY SPECIAL REVIEW (USR) PROCEDURAL GUIDE CHECKLIST (16 pp.)
> > FOUND AT:
https://www.weldgov.com/UserFiles/Servers/Server 6/File/Departments/Planning%20&%20Zoning/Land%20U
se%20Applications%20and%20Assistance/Land%20Use%20Applications/Applications/USR.pdf
> > 13. "Midstream 101"
> > https://urldefense.proofpoint.com/v2/url?u=http-3A_www.dcpmidstream.com company_midstream-
2D101 &d=Dwl FaQ&c=A8J9jb3_ClsSlatombgkDA&r=y1 xwAFik4NylzLWMIPpNxRidKiUTKHSFsiH2b_Lhi6w&m
=09jIwgRtx_n_4bKjcgBOOfz_JBBELgAt-KgL1 prhlbw&s=yci7_opCPhnvzltN-
3dfd7rRjjHpUF0SfyT6zgxsUOc&e= and any and all
> > other items on the DCP Midstream web page.
> > 14. "Appellants' Opening Brief" (54 pp.) in Court of Appeals in
> > "Martin Marietta" case Case No. 2017CA463 (Appeal from Weld County
> > District Court Case No. 2015CV30776). This brief and other pleadings
> > and court decisions can be found at
> > https://urldefense.proofpoint.com/v2/urI?u=http-3A_clr-2D34.org_martin-2Dmarietta-2Dhwy34-
2Dproject_appeal-2Dto-2Dthe-2Dco-2Dcourt-2Dof-
2Dappeals_&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=y1 xwAFik4NylzLWMIPpNxRidKiUTKHSFsiH2b_Lhi
6w&m=09jIwgRtx_n_4bKjcgBOOfz_JBBELgAt-KgL1 prhlbw&s=5lorTkEP9w70taz-
Uy4egpJVWLi5CP_oOFPHEWfKP9l&e=
> > 15. "Installation of Colorado's Grand Parkway Overcomes it All"
> > Posted by American News, January 23, 2018 found at
> > https://urldefense.proofpoint.com/v2/urI?u=https-3A_news.american-
2Dusa.com_2018_01_23_coloradograndparkway_&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=y1 xwAFik4Ny
IzLWMIPpNxRidKiUTKHSFsiH2b_Lhi6w&m=09jIwgRtx_n_4bKjcgBOOfz_JBBELgAt-KgL1 prhlbw&s=aW-
YM5YSm40NkMTLUe9dFQLwX_ueav_ uQVGy26ncw&e=
> > 16. "Mewbourn 3 Plant and Grand Parkway" article (1 p.) found on the
> > DCP web page at:
> > https://urldefense.proofpoint.com/v2/urI?u=https-
3A_www.dcpmidstream.com_dcpmidstream_media_DCP_Pdfs_Mewbourn3-5FFact-5FSheet-
5FFinal.pdf&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=y1 xwAFik4NylzLWMIPpNxRidKiUTKHSFsiH2b_Lhi6
w&m=09jIwgRtx_n_4bKjcgBOOfz_JBBELgAt-KgL1 prhlbw&s=K1 wzeEkPGkImuOAhFgWuW1 Ph-Pm3Y-
9VEnCSyWIM7hM&e=
> > 17. William Danks email chain working backward from email to "Paul"
4
> > Park dated Wed. Nov 28, 2018, and with email dated Nov 28, 2018 to
> > "Custodian of Records ... " and with email to "Paul" Park dated Nov.
> > 24, 2018 and with email to Paul dated Nov. 16, 2018 and email dated
> > Nov 12 from Paul to "Bill" Please note the links in this copy of the
> > emails will take one to the correct site. Somehow, these links same
> > links were changed in the following Exhibit which contains copies of
> > the same emails i.e. someone has attacked my computer. For example,
> > the link https://urldefense.proofpoint.com/v2/url?u=http-3A_clr-2D34.org_martin-2Dmarietta-2Dhwy34-
2Dproject_appeal-2Dto-2Dthe-2Dco-2Dcourt-2Dof-
2Dappeals_&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=y1 xwAFik4NylzLWMIPpNxRidKiUTKHSFsiH2b_Lhi
6w&m=09jlwgRtx_n_4bKjcgBOOfz_JBBELgAt-KgL1 prhlbw&s=5lorTkEP9w70taz-
Uy4egpJVWLi5CP_oOFPHEWfKP9I&e=
> > found in my original email dated November 24 has through this attack
> > been changed so that the link will now read in this email as follows:
> > https://urldefense.proofpoint.com/v2/url?u=http-3A_clr-2D34.org_mar
> > tin-2Dmarietta-2Dhwy34-2Dproject_appeal-2Dto-2Dthe-2Dco-2Dcourt-2Dof-2
Dappeals_&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=ymel0MiGv999gMR2uKPQmIMueLzFpzjsdP5OXag8
_a8&m=Y92g1 KHQAZ7LHwNtVFfQgRHMghw7wiiD5KIWcs0YwoE&s=iAuf
> > AHUZ9rKupRGEZdOyE4FjPbjEbWiPgT5vINLgNok&e=
> > 18. William Danks email chain working back from this email which is
> > dated Jan. 1, 2019. are emails dated: Dec. 27, Dec. 11, Dec. 22, Dec.
> > 11, Dec. 10, Nov. 30, Nov. 29, Nov. 28, Nov. 24, Nov. 16, Nov. 12.
> > Witness to be called for cross examination and under oath at the
> > hearing on this Application. The witnesses are requested to either
> > provide before the hearing or bring to the hearing all communications
> > (digital or paper) as shown. Note, none of the communications are
> > between an attorney and the client of that attorney. Thus, none are
> > within the attorney -client privilege or any other privilege which
> > would prevent disclosure.
> > 1. Attorney for DCP, Patrick Groom. All communications starting
> > from June 1, 2018 to Jan. 23, 2019 between Mr. Groom and any of the
> > following: Bruce Barker, B. Kirkmeyer and/or any of the other Weld
> > County Commissioners, Bonanza Creek including any of its attorneys.
> > 2. County Attorney Bruce Barker. All communications starting from
> > Jan. 1, 2014 to Jan. 23, 2019 between Mr. Barker and DCP including
> > any of its affiliate companies and any of its attorneys.
> > 3. County Commissioner Barbara Kirkmeyer. All communications
> > starting from Jan. 1, 2014 to Jan. 23, 2019 between Ms. Kirkmeyer and
> > DCP including any of its affiliate companies and any of its
> > attorneys.
> > Bill Danks
> > On Thu, Dec 27, 2018 at 5:08 PM William Danks <wcdanks@edanks.com> wrote:
>>>
> > > To: Paul Park as agent for Bonanza, Weld County Commissioners, and
5
> > > Weld County Attorney Barker
> > > Motion to Disqualify County Commissioners Moreno, Conway, Cozad,
> > > Freeman, Kirkmeyer and County Attorney Barker from participating in
> > > the Commission hearing on Bonanza Application USR 18-0099.
>>>
> > > The disqualification is for the following reasons.
>>>
> > > 1. The December 19, 2018 final hearing on Bonanza Application
> > > USR 18-0099 was postponed under circumstances which raise serious
> > > issues concerning the Commissioners' abilities to render a fair and
> > > impartial decision on the merits of the application.
>>>
> > > 2. Article 3 of the Colorado Constitution and the common law on
> > > conflicts (discussed in my email dated November 11, 2018, a copy of
> > > which is reproduced below) prohibits the Commissioners from making
> > > judicial decisions while also making legislative and executive
> > > decisions on the same subject matter.
>>>
> > > The undisputed facts on #1, are as follows:
>>>
> > > Sometime prior to December 19, 2018, Attorney Groom had communications
> > > with Weld County officials requesting a continuance of the December 19
> > > hearing. One or more of the Weld County Commissioners advised the
> > > clerks that the December 19 hearing would be postponed until December
> > > 26. None of the many opponents to the December 19 hearing were
> > > informed that there would be a continuance. Some opponents attended
> > > the hearing. Prior to December 19 and without any public disclosure,
> > > the Commission agreed to the postponement of December 19 and
> > > tentatively agreed to a December 26 hearing date. At no time during
> > > the public hearing on December 19 did Attorney Groom give to the
> > > Commissioners any reason for requesting the continuance, such as an
> > > evidence problem due to the unavailability of a supporting witness on
> > > December 19 and that witness's availability on December 26.
>>>
> > > Based on these undisputed facts, it is highly likely that Attorney
> > > Groom during communications with Weld County officials learned which
> > > Commissioners would be present on December 19 and which Commissioners
> > > would be present on December 26. With this information, Attorney
> > > Groom could determine whether Application USR 18-0099 would be
> > > defeated on December 19 and passed on December 26. With a sworn
> > > affidavit, Attorney Groom should state whether this likelihood is an
> > > undisputed fact.
>>>
> > > On December 19, 2018, unaware of the above undisputed facts, I arrived
> > > for the scheduled hearing before the Commissioners on Bonanza
> > > Application USR 18-0099. At the entry to the hearing room, I looked
> > > for a copy of the agenda so that I could determine when the Commission
> > > would hear the Bonanza Application. Finding no Agenda posted, I went
> > > to the office of the Clerk for the Commission. There a group of three
> > > clerks told me that the Bonanza Application had been postponed at the
> > > request of Attorney Groom and that it was going to be rescheduled for
> > > December 26, 2018. I stated that neither I nor any of the other
> > > neighbors protesting the application had heard about the postponement
6
> > > and that we were present for the hearing. I further said that my wife
> > > and I would not be able to come on December 26. One of the clerks
> > > stated that we could ask the commissioners for a different date.
>>>
> > > I proceeded to the hearing room and met with Attorney Groom. I asked
> > > Attorney Groom why he had not given any of the protestors any advance
> > > notice that he had requested a postponement and a re -scheduling to
> > > December 26. He gave no response. I then asked him whom he had
> > > contacted at Weld County to secure the postponement. After some
> > > hesitation, he said Kim Ogle (Planner with the Planning Department who
> > > was assigned to this Application). I told Attorney Groom that we
> > > could not attend on December 26, to which he gave no response.
>>>
> > > Following a recess, three Commissioners chaired by Commissioner
> > > Kirkmeyer and joined by Commissioners Cozad and Freeman, re -convened
> > > and called the 10 a.m. docket. The docket consisted of the Bonanza
> > > Application and the Applications of three other companies. All four
> > > applications were seeking an industrial use in an agriculture zone
> > > under the USR (Use for Special Review) procedure.
>>>
> > > At this time, Commissioner Kirkmeyer asked all four applicants to come
> > > forward. Attorney Groom stepped forward and identified himself as
> > > attorney for DCP Midstream. Attorneys (or representatives, it was
> > > unclear which) for the other three applicants (Rocky Mountain
> > > Midstream LLC for USR 18-0098, DJ South Gathering LLC for USR 18-0099,
> > > and USR 18-0140 for Outrigger DJ Operating, LLC) stepped forward.
> > > Commissioner Kirkmeyer told them that since there were only three
> > > Commissioners present, they had the option to proceed or not proceed.
> > > She explained that if they did proceed, each of their applications
> > > would have to receive the approval of all three commissioners present
> > > (Kirkmeyer, Cozad and Freeman) in order for the application to be
> > > granted. (In the Clerk's office, none of the three clerks had
> > > mentioned anything to me about the number of Commissioners who would
> > > be attending the hearing or the number of affirmative votes which
> > > would be required to approve an application.)
>>>
> > > Despite being told that a negative vote by any of the three
> > > Commissioners present would cause their applications to be denied and
> > > without an opportunity to discuss this "new" news with their clients,
> > > the other three applicants stated without any hesitation that they
> > > wanted to proceed. Attorney Groom, also without any hesitation or
> > > need to discuss with his clients, stated that he as attorney for DCP
> > > Midstream did not want to proceed and wanted Application USR 18-0099
> > > postponed to December 26.
>>>
> > > All of this gave the appearance that none of this was "new" news to
> > > any of the four companies who had applications scheduled for final
> > > decision on December 19. All four gave the appearance that they had
> > > previously considered the situation and knew exactly what they were
> > > going to do, i.e. go forward with the three commissioners or rather in
> > > the case of Mr. Groom, not go forward and ask for a postponement to
> > > December 26.
>>>
> > > My wife, Noblet Danks, then raised her hand and she spoke in
> > > opposition to the continuance, stating inter alia, that Attorney Groom
> > > did not have the legal authority to speak for Bonanza or the legal
> > > authority to ask for a postponement of Bonanza's Application. She
> > > stated that she and other opponents of the application were present in
> > > the hearing room and wanted to have the hearing that they had come
> > > for. She did not state what we had stated to the three clerks in the
> > > clerk's office, that we would be unable to attend on December 26.
>>>
> > > Commissioner Kirkmeyer appeared ready to grant the December 26 date
> > > but Commissioner Cozad spoke, saying that December 26, the day after a
> > > major holiday, might possibly be difficult for some to attend.
> > > Commissioner Kirkmeyer then asked for a show of hands from the
> > > protesting neighbors to indicate who would be unable to attend on
> > > December 26. A number raised their hands. CommissionerKirkmeyer then
> > > called on Attorney Groom who again reiterated that he wanted the
> > > hearing on December 26 and Commissioner Cozad indicated her
> > > disagreement to December 26 perhaps by only turning toward
> > > Commissioner Kirkmeyer. Chair Kirkmeyer then cut-off further
> > > discussion and called for an immediate vote on a postponement to a
> > > hearing date of January 23, 2019. All three commissioners then voted
> > > in favor of the postponement to January 23, 2019.
>>>
> > > On December 19, all three Commissioners (Kirkmeyer, Cozad and Freeman)
> > > voted in favor and thus the Commission approved the other three
> > > applications for Use by Special Review to place an industrial use on
> > > property zoned for agriculture. (Commissioners Moreno and Conway not
> > > participating since they were absent on December 19.) Thus, the
> > > "immediate" decision to proceed of the other three oil companies
> > > turned out to be the correct decision for those three companies. One
> > > would think that their clients would have been terribly upset if the
> > > decision to proceed turned out to be a bad decision since, from all
> > > appearances at the hearing, the decision to proceed was made without
> > > any real consultation with their clients.
>>>
> > > On December 26, 4 of the 5 Commissioners were present, Moreno,
> > > Kirkmeyer, Cozad and Freeman. Commissioner Conway was again absent.
> > > These four Commissioners considered two more applications for Use by
> > > Special Review — one being approved and one being referred back to the
> > > Planning Department.
>>>
> > > At no time on December 19 did Attorney Groom state to me in our
> > > private discussions that he was requesting a postponement because of a
> > > witness who could not be present on December 19 but could be present
> > > on December 26. Nor did he give to me any other evidentiary problem
> > > on December 19 which motivated him to ask for a continuance of the
> > > date.
>>>
> > > From the facts disclosed, Attorney Groom spoke, prior to December 19,
> > > with either a Commissioner or with Attorney Bruce Barker or with
> > > Planner Kim Ogle or with another Weld County official to seek a
> > > postponement. He did not advise any of the application's opponents of
> > > that conversation. It appears likely that during that conversation,
> > > he somehow learned which Commissioners were going to be present on
> > > December 19 and which Commissioners were going to be present on
> > > December 26. He did not share what he learned with the application's
> > > opponents. Somehow, he then made a determination that the
> > > Commissioners present on December 19 would deny the application and
> > > that the Commissioners present on December 26 would grant the
8
> > > application.
>>>
> > > The appearance if not the actual fact of the postponement is as
> > > follows: Attorney Groom concluded sometime before December 19
> > > that Commissioner Cozad would vote against the Bonanza application on
> > > December 19 and the application would thereby be denied. Attorney
> > > Groom further concluded sometime before December 19 that at the
> > > Commission hearing on December 26, three Commissioners, (Kirkmeyer,
> > > Freeman and Moreno) would vote for the Bonanza application and it
> > > would be approved.
>>>
> > > Based on the appearance if not the actual fact of serious concerns
> > > about the integrity of any decision by the present Commissioners, I
> > > request that all of the facts concerning the postponement and any
> > > communications between Attorney Groom and any Weld County official or
> > > employee concerning Application USR 18-099 after December 5, 2018 be
> > > made public.
>>>
> > > Public statements are needed from at least the following: Attorney
> > > Groom, County Attorney Barker, Commissioner Kirkmeyer, and
> > > Commissioner Cozad.
>>>
> > > These statements should be made either at a hearing under oath and
> > > subject to cross examination or at a minimum by sworn affidavit.
>>>
> > > Furthermore, the three clerks who very honestly stated to us in the
> > > Clerk's office when we sought to get an agenda for the December 19
> > > proceedings that the Bonanza Application had been postponed from
> > > December 19 to December 26 and said that we could ask the
> > > Commissioners for a different date since we could not be present on
> > > December 26, should not be punished in any manner. They were being
> > > courteous public servants.
>>>
> > > In addition to the grounds stated above, some of the other grounds for
> > > the disqualification are set forth in my email which was sent on
> > > December 11, 2018. A copy of the email is reproduced below. This is a
> > > serious legal argument based upon Article III of the Colorado
> > > Constitution and the common law conflicts of interest which disqualify
> > > a person from sitting in a judicial capacity such as the one which the
> > > Commissioners propose to hold on January 23, 2019 on Bonanza
> > > application USR 18-0099.
>>>
> > > If either Weld County Government or Bonanza disagrees to this motion
> > > for disqualification, a thoughtful legal brief should be written in
> > > opposition at this time and before any hearing by the Commissioners.
>>>
> > > Bill Danks
>>>
>>>
>>>
> > > From: William Danks <wcdanks@edanks.com>
> > > Date: Tue, Dec 11, 2018 at 1:23 PM
> > > Subject: Re: contact info
> > > To: <ppark@dcpmidstream.com>, <kogle@weldgov.com>, Mike Freeman
> > > <mfreeman@weldgov.com>, Sean Conway <sconway@weldgov.com>, Steve
> > > Moreno <smoreno@weldgov.com>, Julie Cozad <jcozad@weldgov.com>, Bruce
9
> > > Barker <bbarker@weldgov.com>, Mike Livengood <mlivengood@weldgov.com>
>>>
>>>
> > > DCP Representative Paul Park, Weld County Commissioners, County Attorney Barker,
>>>
> > > All of the arguments stated in this chain of emails are submitted in
> > > opposition to the Application of DCP which is scheduled to be heard by
> > > the Weld County Commissioners on December 19, 2018.
>>>
> > > In addition, I object any and all of the Weld County Commissioners
> > > acting as the judicial decision makers in deciding whether or not to
> > > approve the DCP Application.
>>>
> > > The structure of the Weld County government in which the Commissioners
> > > act in a judicial, executive and legislative capacity violate the
> > > separation of powers. They cannot sit as an impartial and fair
> > > tribunal to decide the judicial question of the application because
> > > of their past actions in this matter as a legislative and executive
> > > body.
>>>
> > > Furthermore, I object to County Attorney Barker advising or assisting
> > > in any manner the Commissioners or any other person or persons who sit
> > > in a judicial capacity to make an ultimate decision on the application
> > > of DCP because of the County Attorney's conflict of interest in
> > > representing the Weld County Commissioners in their legislative and
> > > executive functions of first enacting the zoning laws and then
> > > implementing those zoning laws.
>>>
> > > In addition to the common law conflict of interest of the
> > > Commissioners acting in a judicial role following their legislative
> > > and executive roles, the Commissioners are disqualified by virtue of
> > > Article 3 of the Constitution of Colorado which states:
>>>
> > > "Art. III Distribution of Powers
>>>
> > > The powers of the government of this state are divided into three
> > > distinct departments, --the Legislative, Executive and Judicial; and
> > > no person or collection of persons charged with the exercise of powers
> > > properly belonging to one of these departments shall exercise any
> > > power properly belonging to either of the others, except as in this
> > > Constitution expressly directed or permitted."
>>>
> > > Furthermore, I object to the DCP application because Weld County
> > > Attorney Barker has failed to provide the information needed in order
> > > for me to fully object to the application and because DCP has failed
> > > to provide the information which I requested from DCP.
>>>
> > > In the alternative, I request that the hearing be postponed until the
> > > information is provided.
>>>
> > > I have received no response from Paul Park nor anyone else on behalf
> > > of DCP to these emails. Therefore the arguments made in these emails
> > > stand uncontested by DCP.
>>>
> > > Bill Danks
10
>>>
</mlivengood@weldgov.com></bbarker@weldgov.com></jcozad@weldgov.com></smoreno@weldgov.com><
/sconway@weldgov.com></mfreeman@weldgov.com></kogle@weldgov.com></ppark@dcpmidstream.com><
/wcdanks@edanks.com>
>>>
>>>
>> >
> > > On Sat, Dec 22, 2018 at 4:28 PM William Danks <wcdanks@edanks.com> wrote:
>> >>
> > > > To: Weld County Commissioners:
>> >>
> > > > Motion to Dismiss Application USR 18-0099
>> >>
> > > > The Weld County Commissioners should dismiss this Application. On the
> > > > face of the Application, the application cannot be granted.
>> >>
> > > > This application is merely a hypothetical case. Bonanza is not
> > > > authorized to build an interstate pipeline or a pumping station in
> > > > connection with that pipeline. The Federal Energy Regulatory
> > > > Commission (FERC) regulates interstate pipeline companies. Bonanza is
> > > > not an interstate pipeline company.
>> >>
> > > > As stated on the FERC web page at
>> >>
> > > > https://urldefense.proofpoint.com/v2/url?u=https-3A_www.ferc.gov_industries_gas_indus-
2Dact_pipelines.asp&d=Dwl FaQ&c=A8J9jb3_ClsSlatombgkDA&r=y1 xwAFik4NylzLWMI PpNxRidKiUTKHSFsi
H2b_Lhi6w&m=09j Iwg Rtx_n_4bKjcq BO0fz_J B BELgAt-
KgL1 prhlbw&s=GAMs9Co1 rHIaJ_BUl4Fv0Fm9f79pFXrklFujDpNr1g8&e=
>
> "FERC reviews applications for construction and operation of
> interstate natural gas pipelines under authority of section 7 of the
> Natural Gas Act. FERC review ensures that applicants certify that they
> will comply with Department of Transportation safety standards."
>
> Furthermore, DCP has no ownership interest in this property which
> would allow it to build a pumping station even if this Application is
> granted.
>
> The Application of Bonanza refers to two parcels. Bonanza owns both
> parcels. The Application only seeks to build on one of the two
> parcels. Therefore, the other parcel should not be part of any
> application and should under all circumstances remain in its present
> zoning of agricultural.
>
> This Application should be dismissed as it was a hypothetical case
> when the application was filed.
>
> Stated bluntly, Attorney Patrick Groom has created a fictional application
> through his misuse of the legal doctrine of "agency". An agent acts
> on behalf of a principal. The principal is Bonanza. On behalf of
> Bonanza, Paul Park as an individual was appointed as an agent for
> Bonanza. Paul Park filed the Application as the agent for Bonanza.
> This is clearly stated in the Application.
>
> The Agenda for December 19, 2018 states: Bonanza Creek Energy
> Operating Company, LLC, c/o DCP
11
> > > > Operating Company, LP. The "c/o DCP Operating Company, LP" is a
> > > > complete misstatement. DCP Operating Company, LP has no legal right
> > > > of any kind whatsoever in this
> > > > Application.
>> >>
> > > > In this case, the owner of the property (Bonanza) asks in its
> > > > Application that the zoning be changed from agriculture to industrial
> > > > so that a pumping station for an interstate pipeline can be installed
> > > > on the land.
>> >>
> > > > The owner of the property may appoint an "agent" to act on its behalf.
>> >>
> > > > In this Application, Bonanza filed papers naming four different individual
> > > > people as its agents: Paul Park, Christine White, Lew Hagenlock, and
> > > > Patrick Groom. These are the agents who are named on the
> > > > Authorization Forms found at pp 2, 3, 4 & 5 of the Application.
>> >>
> > > > Bonanza, however, did not appoint DCP Operating Company LP. as its agent.
>> >>
> > > > The face of the Application states that if an agent is filing on
> > > > behalf of a company (such as Bonanza), there must be a document signed
> > > > under oath before a notary, that the person signing on behalf of
> > > > Notary has the authority to appoint an agent to act on behalf of the
> > > > company. For example, the wording of the Application form requires a
> > > > statement such as: "I as President of Bonanza do solemnly swear
> > > > before the undersigned Notary that I am authorized to appoint an agent
> > > > to act on behalf of Bonanza and do hereby appoint Paul Park to make
> > > > this Application on behalf of Bonanza."
>> >>
> > > > The Application in this case states in pertinent part as follows:
>> >>
> > > > "APPLICANT OR AUTHORIZED AGENT: (see below: Authorization must
> > > > accompany all applications signed by Authorized Agents)
>> >>
> > > > Name: Paul Park
>> >>
>> >>
>> >>
> > > > "Signatures of all fee owners of property must sign this application.
> > > > If an Authorized Agent signs, a letter of authorization from all fee
> > > > owners must be included with the application. If a corporation is the
> > > > fee owner, notarized evidence must be included indicating that the
> > > > signatory has to (sic) legal authority to sign for the corporation.
>> >>
> > > > "Signature: Owner or Authorized Agent
>> >>
> > > > "Paul D Park"
>> >>
> > > > There is no "notarized evidence" from Bonanza Creek Operating Company
> > > > LLC stating that Paul D. Park has the "legal authority to sign for the
> > > > corporation.
>> >>
> > > > The only evidence submitted in support of appointing Paul Park as
> > > > agent, is the Authorization Form.
> > > > However, the Authorization Form for Paul Park, was not signed under
> > > > oath before a notary and the person signing it as owner does not swear
12
> > > > that he has the authority to appoint an agent for Bonanza.
>> >>
> > > > The Authorization form has an illegible handwritten signature (
> > > > possibly Maxwell Faith) with the
> > > > printed handwriting "Attorney in Fact".
>> >>
> > > > In addition to the fact that the signature was not before a notary,
> > > > the records of the Colorado Supreme Court of attorneys who are
> > > > licensed in the State of Colorado, has no listing for an attorney
> > > > by the name of Maxwell Faith. See
>>>
> > > > https://urldefense.proofpoint.com/v2/url?u=http-
3A_coloradosupremecourt.com_Search_AttSearch.asp&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=y1 xwA
Fik4NylzLWMIPpNxRidKiUTKHSFsiH2b_Lhi6w&m=09jlwgRtx_n_4bKjcgBOOfz_JBBELgAt-
KgL1 prhlbw&s=aUGwGBuNy17x64U4dwF-ZXTgN7oyv5etnEM6kLyXmQA&e=
>> >>
> > > > As an additional reason for dismissing the Application, no one
> > > > appeared on behalf of Bonanza on the date of December 19, 2018 when
> > > > the application was scheduled for final hearing before the
> > > > Commissioners.
>>>>
> > > > At the hearing on December 19, 2018, Attorney Groom asked for a
> > > > postponement of the hearing. He made this request as the Attorney for
> > > > DCP Operating Company, LP. not on behalf of Bonanza.
>> >>
> > > > While AttorneyGroom could have stated that he appeared at the
> > > > Planning Commission
> > > > hearing on Dec 4, 2018 as an attorney for Bonanza and at the December
> > > > 19, 2018 hearing, it is probable that he does not have a written fee
> > > > agreement with Bonanza which would enable him to represent Bonanza
> > > > under the rules governing attorneys. Regardless, he did not appear as
> > > > attorney for Bonanza.
>> >>
> > > > Since no one on behalf of Bonanza said anything at the December 19,
> > > > 2018 hearing, the application should have been dismissed at that time
> > > > for failure of anyone to appear on behalf of the applicant.
>> >>
> > > > In addition, the Application should be dismissed because when the
> > > > Application was filed, it presented merely a hypothetical situation.
>> >>
> > > > At the time that the application was filed:
> > > > 1. DCP had no ownership interest in the property which would
> > > > allow it to build a pumping station on the property;
> > > > 2. There was no grant of authority from Bonanza to DCP to build a
> > > > pumping station for Bonanza; and
> > > > 3. Even if there would have been such a grant of authority for DCP to
> > > > build a pumping station for Bonanza, Bonanza in not an interstate
> > > > pipeline company and in not permitted under FERC to build and own a
> > > > pumping station on an interstate pipeline. It is also probable that
> > > > Bonanza has violated FERC regulations by even filing this application.
> > > > Nevertheless, this is all hypothetical since it is clear that Bonanza
> > > > does not contemplate building such a pumping station. This all a legal
> > > > fiction created by Attorney Groom through his misuse and distortion of
> > > > the doctrine of agency.
>> >>
> > > > Bill Danks
13
>> >>
>> >>
> > > > On Tue, Dec 11, 2018 at 12:26 PM William Danks <wcdanks@edanks.com> wrote:
» »>
> > > > > County Attorney Barker,
» »>
> > > > > Communications to and from DCP cannot be privileged. You cannot
> > > > > possibly be the attorney for DCP so there is no attorney client
> > > > > privilege. Please obey the law.
»»>
> > > > > "All emails and all other communications (paper or digital) from
> > > > > January 1, 2014 to November 28, 2018 to and / or from DCP Midstream
> > > > > (and any related companies or agents including their attorneys) which
> > > > > are contained in The Office of the Weld County Attorney."
»»>
> > > > > Attorney Barker, you have a pattern of violating the Open Records Act.
> > > > > See your refusal to supply documents in the fraudulent scheme to
> > > > > transfer funds through United Way. See also your refusal to supply
> > > > > documents in the Martin Marietta case.
»»>
> >> > Bill Danks
> > > > > On Mon, Dec 10, 2018 at 5:10 PM Bruce Barker <bbarker@weldgov.com> wrote:
>> >> >>
> >> >> Mr. Danks:
>> >> >>
> > > > > > I received your check in the sum of $120 last Thursday.
>> >> >>
> > > > > > The emails and other communications you request are privileged. The Board of County
Commissioners does not wish to waive the privilege. Privileged records are exempt from inspection pursuant
to CRS 24-72-204(3)(a)(IV). Therefore I will be sending your check back via U.S. Mail.
>> >> >>
>> >> » Bruce T. Barker, Esq.
> > > > > > Weld County Attorney
>>>>>> P.O. Box 758
>>>>>> 1150"O"Street
> > > > > > Greeley, CO 80632
> > > > > > (970) 356-4000, Ext. 4390
> > > > > > Fax: (970) 352-0242
>> >> >>
>> >> >>
>> >> >>
> > > > > > 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 attorney
privileged and 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.
>> >> >>
> > > > > > Original Message
> > > > > > From: William Danks <wcdanks@edanks.com>
> > > > > > Sent: Friday, November 30, 2018 8:44 AM
> > > > > > To: Bruce Barker <bbarker@weldgov.com>
> > > > > > Cc: PPark@dcpmidstream.com; Kim Ogle <kogle@weldgov.com>; Sean Conway
<sconway@weldgov.com>; Julie Cozad <jcozad@weldgov.com>; Mike Livengood
<mlivengood@weldgov.com>; Mike Freeman <mfreeman@weldgov.com>; Steve Moreno
<smoreno@weldgov.com>
14
> > > > > > Subject: Re: contact info
>> >> >>
> > > > > > Caution: This email originated from outside of Weld County Government. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
>> >> >>
>> >> >>
> >> » Mr. Barker,
>> >> >>
> > > > > > In order to have at least some of the documents before the hearing on Dec. 4, 2018, I am
amending my Open Records Act request to only records contained in your County Attorney Office. I am also
placing in the mail to you today a check for $120. Hopefully, the record search of your office can be completed
so that I can at least have your records by the time of the hearing. Thus, the changed portion of my Open
Records Request reads as follows:
>> >> >>
> > > > > > "To: Custodian of Records: County Attorney Bruce Barker
» »»>
> > > > > > > Weld County Government
» » » > 1150 O St.
> >> >> > Greeley, CO 80631
» »»>
> > > > > > > Dear County Attorney Bruce Barker
» »»>
> > > > > > > Pursuant to the Colorado Open Records Act § 24-72-201 et seq., I
> > > > > > > request that you make available for inspection and copying the
> > > > > > > following public records:
» »»>
> > > > > > > 1. All emails and all other communications (paper or digital) from January 1, 2014 to
November 28, 2018 to and / or from DCP Midstream (and any related companies or agents including their
attorneys) which are contained in The Office of the Weld County Attorney."
>> >> >>
> > > > > > The remainder of the request reads the same.
>> >> >>
> >> >> Bill Danks
>> >> >>
>> >> >>
>> >> >>
> > > > > > On Thu, Nov 29, 2018 at 8:43 AM Bruce Barker <bbarker@weldgov.com> wrote:
»»»>
>>>>>>>Mr. Danks:
»»»>
> > > > > > > I have forwarded your request to Ryan Rose, Director, Weld County Information Technology, to
collect the records you have requested. Ryan estimates doing this work will take him approximately 3 hours. I
will then need to review the records to determine if they are "public records," pursuant to CRS 24-72-202(6). If
they are "public records" according to that definition, I will then determine if they are subject to inspection in
accordance with CRS 24-72-203 and 24-72-204. I expect my review will take about 2 hours. All told, I
estimate the time Ryan and his staff and I will spend to comply with your request will be 5 hours. Pursuant to
CRS 24-72-205(6)(a), the first hour is free, but each hour spent thereafter is to be charged at $30 per hour.
Please see Item 6 in the attached Appendix 5-D from the Weld County Code which explains the fee schedule.
The total will be $120. That amount must be paid in advance of any further time being spent by Ryan and his
staff and by me. Payment should be made payable to "Weld County, Colorado."
» »»>
> > > > > > > Please let me know if you have any questions.
» »»>
> > > > > > > Bruce T. Barker, Esq.
>> >> >> > Weld County Attorney
>>>>»>P.O.Box 758
15
>>>>>>>1150"O"Street
> > > > > > > Greeley, CO 80632
> > > > > > > (970) 356-4000, Ext. 4390
> > > > > > > Fax: (970) 352-0242
» »»>
» »»>
» »»>
> > > > > > > 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 attorney
privileged and 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.
» »»>
> >> >> > Original Message
> > > > > > > From: William Danks <wcdanks@edanks.com>
> > > > > > > Sent: Wednesday, November 28, 2018 8:33 AM
> > > > > > > To: PPark@dcpmidstream.com; Kim Ogle <kogle@weldgov.com>; Sean Conway
> > > > > > > <sconway@weldgov.com>; Bruce Barker <bbarker@weldgov.com>; Julie Cozad
> > > > > > > <jcozad@weldgov.com>; Mike Livengood <mlivengood@weldgov.com>; Mike
> > > > > > > Freeman <mfreeman@weldgov.com>; Steve Moreno <smoreno@weldgov.com>
> > > > > > > Subject: Re: contact info
» »»>
> > > > > > > Caution: This email originated from outside of Weld County Government. Do not click links or
open attachments unless you recognize the sender and know the content is safe.
» »»>
»»»>
> > > > > > > To: Custodian of Records: County Attorney Bruce Barker, Weld County
> > > > > > > Commissioners, Weld County Planner Kim Ogle
>> >> >> >>
> > > > > > > > Weld County Government
»»»» 1150OSt.
> >> >> > Greeley, CO 80631
>> >> >> >>
> > > > > > > > Dear County Attorney Bruce Barker, Weld County Commissioners, Weld
> > > > > > > > County Planner Kim Ogle
>> >> >> >>
> > > > > > > > Pursuant to the Colorado Open Records Act § 24-72-201 et seq., I
> > > > > > > > request that you make available for inspection and copying the
>> >> >> > following public records:
>> >> >> >>
> > > > > > > > 1. All emails and all other communications (paper or digital) from January 1, 2014 to
November 28, 2018 to and from DCP Midstream (and any related companies or agents including their
attorneys and agents) and
> > > > > > > a. The Office of the Weld County Attorney b. Any of the Weld County
> > > > > > > Commissioners c. The Weld County Planning Department
>> >> >> >>
»»»», >
> > > > > > > > If you are not the custodian of records for this request, please
> > > > > > > >forward this letter to the appropriate person or let me know which
> > > > > > > > person(s) has custody of these records. I request a waiver of all
> > > > > > > >fees for searching or copying these records in that the disclosure of
> > > > > > > >the requested information is in the public interest and will
> > > > > > > >contribute significantly to the public's understanding.
> > > > > > > > This information is not being sought for commercial purposes. If
> > > > > > > >there are any fees for searching or copying these records, please
16
> > > > > > > >inform me if the cost will exceed $30.
> > > > > > > > Please set a date and hour, within three working days following
> > > > > > > >receipt of this letter, at which time the records will be made
> > > > > > > >available for inspection, as required by § 24-72-203(2), C.R.S. If
> > > > > > > >access to these records will take longer, please cite the extenuating
> > > > > > > >circumstances and let me know when I should expect copies or the
> > > > > > > >ability to inspect the requested records.
> > > > > > > > I ask that records available in electronic format be transmitted by
> > > > > > > >email to wcdanks@edanks.com.
> > > > > > > > If you deny any portion, or all, of this request, please provide me
> > > > > > > >with a written explanation of the reason(s) for your denial,
> > > > > > > >including a citation to each specific statutory exemption you feel
> > > > > > > >justifies the refusal to release the information and notify me of the
> > > > > > > >appeal procedures available to me under the law. If you conclude that
> > > > > > > >portions of the records that I request are exempt from disclosure,
> > > > > > > >please release the remainder of such records for inspection and
> > > > > > > >copying, redacting only the portion or portions that you claim are
> > > > > > > >exempt. Thank you for considering my request.
>>>
>>>
>> >>
>> >>
>> >>
>> >> >> >>
»»»» Paul,
>> >> >> >>
> > > > > > > > I have not heard from you since our telephone conversation on Nov.
»»»» 12
> > > > > > > > - "Great talking to you. Look forward to talking to you again."
>> >> >> >>
> > > > > > > > We are rapidly approaching the Dec 4 hearing date. There is a lot
> > > > > > > > of information which I need from you in order to be prepared for the
> > >> » hearing.
>> >> >> >>
> > > > > > > > In this case, I see two major issues:
> > > > > > > > 1. Should DCP (in conjunction with all of the oil drilling
> > > > > > > > companies) have filed an application to essentially make a new
> > > > > > > > zoning map for Weld County instead of using the site by site re -zoning approach?
> > > > > > > > 2. Assuming that this application is not dismissed for failure to
> > > > > > > > file for a comprehensive re -zoning for the entire project, what are
> > > > > > > > the defects in the present application.
>> >> >> >>
> > > > > > > > In this email, I will outline issue 1 above.
>> >> >> >>
> > > > > > > > From the information on the web page for DPS Midstream, it is clear
> > > > > > > > that at least by late 2014, DCP had a master plan for the Grand
> > > > > > > > Parkway including and surrounding Greeley. The Grand Parkway is a
> > > > > > > > 62 mile pipeline around Greeley to transport all of the natural gas
> > > > > > > > which would be produced by all of the wells drilled within and
> > > > > > > > outside of the circle. This project required DCP to learn from each
> > > > > > > > of the drilling companies where they planned to drill their wells
> > > > > > > > and the expected out -put of natural gas from each of the wells. It
> further required co-ordination with the company (NGL) which would
> dispose of the "produced fluid" in injection wells and the tanker
> > > > > > > > trucks to carry this "produced fluid" to the injection wells from
> > > > > > > > the well sites. It further required co-ordination with suppliers of
17
» »>
> > > > > Sincerely, William C. Danks
> > > > (970) 395-0495]
> > > > wcdanks@edanks.com]
> > > On Sat, Nov 24, 2018 at 4:47 PM William Danks <wcdanks@edanks.com> wrote:
» »»>
» »»>
> > > > > > > > water to be used in the drilling and sites for the disposal of the
> > > > > > > > "drilling mud." If further required co-ordination for the massive
>> >> >> >> impact on the public roads.
>> >> >> >>
> > > > > > > > Thus, please provide all of the information which DPS obtained from
> > > > > > > > all of the drilling companies etc. which was used by DCP in
> > > > > > > > preparing this massive project and the actual plans of DCP for the project.
> > > > > > > > Please also provide all communications with all of the governmental
> > > > > > > > entities within the area of the Grand Parkway, e.g. the City of
> > > > > > > > Greeley and all of the other municipalities and Weld County
> > > > > > > > Government. Also, please also provide all communications with the
> > > > > > > > regulatory agencies of the State of Colorado concerning this massive
> »»» project.
>> >> >> >>
> > > > > > > > Please also provide the names and case numbers of all of the
> > > > > > > > applications filed by DCP Midstream for Special Use Permits. Sec.
> > > > > > > > 23-2-200. -Uses by Special Review
>> >> >> >>
> > > > > > > > Please also provide names and case numbers of all of the TWOGLA
> > > > > > > > (WELD OIL & GAS LOCATION ASSESSMENT) applications. These well
> > > > > > > > drilling sites are also clearly industrial uses. These drilling
> > > > > > > > sites are now containing over twenty (20) tanks and other equipment
> > > > > > > > which is far different than the one tank and one separator needed
> > > > > > > > for the old horizontal wells which had four wells on 160 acres.
>> >> >> >>
> > > > > > > > The Grand Parkway including all of the wells, processing plants etc.
> > > > > > > > are clearly industrial uses. The existing Weld County Zoning Map
> > > > > > > > does have certain land in Weld County designated for industrial use.
> > > > > > > > However, the vast majority of this massive project is in areas which
> > > > > > > > are zoned agricultural, with a lesser amount in areas zoned
> > > > > > > > commercial or residential. Instead of the some 100+ applications for
> > > > > > > > Special Use and TWOGLA (WELD OIL & GAS LOCATION ASSESSMENT) , a new
> > > > > > > > or vastly amended zoning plan for Weld County should have been made
> > > > > > > > and this application should be denied for failing to conform to the
> > > > > > > > master zoning plan..
>> >> >> >>
> > > > > > > > The arguments made by the Ireland Stapleton law firm in their
> > > > > > > > Opening Brief in the Martin Marietta case are incorporated by
> > > > > > > > reference. A copy of the brief is found at
>> >> >> >>
> > > > > > > > https://urldefense.proofpoint.com/v2/url?u=http-3A_clr-2D34.org_mar
»»»»ti
> > > > > > > > n-2Dmarietta-2Dhwy34-2Dproject_appeal-2Dto-2Dthe-2Dco-2Dcourt-2Dof-2
»»»» Da
> > > > > > > > ppeals_&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=ymel0MiGv999gMR2uKPQmIMu
»»»»eL
> > > > > > > > zFpzjsdP5OXag8_a8&m=Y92g1KHQAZ7LHwNtVFfQgRHMghw7wiiD5KIWcs0YwoE&s=iA
> > > > > > > > of AHUZ9rKupRGEZdOyE4FjPbjEbWiPgT5vINLgNok&e=
>> >> >> >>
> > > > > > > > The use of all of the special exceptions constitute a violation of
> > > > > > > > the State, County and municipal laws on zoning. They further violate
> > > > > > > > the US. Constitution and Colorado clauses on equal protection and
> > > > > > > > due process. They further violate the US Constitution and State
> > > > > > > > Constitution on taking of private property --- land owners under
> > > > > > > > threat of condemnation have sold easements in connection with this
> > > > > > > > massive project without knowing the full impact of the entire
18
> >> >> >> project on their property.
>> >> >> >>
>> >> >> >>
» »»» Bill Danks
>> >> >> >>
> > > > > > > > On Fri, Nov 16, 2018 at 1:58 PM William Danks <wcdanks@edanks.com> wrote:
»»»»>
>>>>>>>>> Re: USR18-0099
»»»»>
> > > > > > > > > Paul, it was also great talking to you.
»»»»>
> > > > > > > > > Since we talked last Monday, I have probably spent 15-20 hours
> > > > > > > > > reading all of the news releases, investor articles and other
> > > > > > > > > information on the DCP Midstream web page. The web page is an excellent resource.
»»»»>
> > > > > > > > > Also, I have probably spent another 15- 20 hours on the excellent
> > > > > > > > > Greeley County Government web page studying the county zoning
> > > > > > > > > code, the Bonanza Creek (DCP) application (USR18-0099), the state
> > > > > > > > > statutes on zoning, the Court of Appeal briefs in the Martin Marietta case etc.
» »»»>
> > > > > > > > > When I talked with you last Monday, I did not realize the size of
> > > > > > > > > the whole project - 62 mile pipeline loop around Greeley nor where
> > > > > > > > > the name Grand Parkway came from. Quoting from the news release of
> >> >> >> > American Steel Pipe at
» »»»>
> > > > > > > > > https://urldefense.proofpoint.com/v2/url?u=https-3A_news.american
» »»»>-2
> > > > > > > > > Dusa.com_2018_01_23_coloradograndparkway_&d=DwIFaQ&c=A8J9jb3_CIsSI
» »»»>at
> > > > > > > > > ombgkDA&r=ymel0MiGv999gMR2uKPQmIMueLzFpzjsdP5OXag8_a8&m=Y92g1KHQAZ
» »»»>7L
> > > > > > > > > HwNtVFfQgRHMghw7wiiD5KIWcs0YwoE&s=JRcUgKJkbDfTA-fjObRsouBkZxWbIc1A
» »»»> Nh
>>>>>>>>> 5w-IzXnY&e=
» »»»>
> > > > > > > > > "The Grand Parkway in Houston, Texas, is a large freeway loop
> > > > > > > > > surrounding the city and encompassing six different counties. This
> > > > > > > > > large construction project that connects the country's largest
> > > > > > > > > geographical metroplex is also the inspiration for DCP Midstream's
> > > > > > > > > new 62 -mile steel pipeline in Greeley, Colorado.
» »»»>
> > > > > > > > > "AMERICAN Steel Pipe is being used in the DCP Grand Parkway
> > > > > > > > > system, which is aimed at relieving traffic and efficiently moving
> > > > > > > > > unprocessed gas in its existing gathering system.
» »»»>
> > > > > > > > > "Just as Houston's Grand Parkway is intended to relieve traffic,
> > > > > > > > > DCP's Grand Parkway system is aimed at relieving traffic and
> > > > > > > > > efficiently moving unprocessed gas in its existing gathering system.
»»»»>
> > > > > > > > > "Grand Parkway gives us options and variability in minimizing
> > > > > > > > > impacts during down service time," said DCP Midstream Senior
> > > > > > > > > Project Manager Steve Nelson. "It improves our system reliability
> > > > > > > > > and aids in keeping field pressures consistent across our gathering system."
»»»»>
> > > > > > > > > Essentially the project encompasses a circle for the development
> > > > > > > > > of gas wells with the City of Greeley at the center of the circle.
19
> > > > > > > > > I found the map provided by DCP at the following link to be very
> > > > > > > > > helpful in understanding this expenditure by DCP of $395 million -
> > > > > > > > > a figure that does not even begin to cover the cost of all the
> > > > > > > > > wells drilled within the circle.
»»»»>
> > > > > > > > > https://urldefense.proofpoint.com/v2/url?u=https-3A_www.dcpmidstr
»»»»>ea
> > > > > > > > > m.com_dcpmidstream_media_DCP_Pdfs_Mewbourn3-5FFact-5FSheet-5FFinal
»»»»>.p
> > > > > > > > > df&d=DwIFaQ&c=A8J9jb3_CIsSlatombgkDA&r=ymel0MiGv999gMR2uKPQmIMueLz
»»»»>Fp
> > > > > > > > > zjsdP5OXag8_a8&m=Y92g1KHQAZ7LHwNtVFfQgRHMghw7wiiD5KIWcsOYwoE&s=VIO
> > > > > > > > > 3y pzgUxFaMSdDOS1 NAac1 LfWk4dc8Z7P6gxd9T4o&e=
»»»»>
> > > > > > > > > "Mewbourn 3 is a cryogenic natural gas processing plant in the DJ
> > > > > > > > > Basin. Mewbourn 3 will be DCP's tenth plant in the basin. Located
> > > > > > > > > at the existing site of DCP's Mewbourn Gas Plant, Mewbourn 3 will
> > > > > > > > > foster the development of oil and gas resources in Weld County by
> > > > > > > > > expanding and enhancing natural gas gathering and processing
> > > > > > > > > services in the area. The Mewbourn 3 project also includes the
> > > > > > > > > next phase of the Grand Parkway low pressure gathering and
> > > > > > > > > associated compression asset, which is also expected to be
> > > > > > > > > completed by the end of 2018. The Mewbourn 3 plant will connect to
> > > > > > > > > the Front Range Pipeline, one-third owned by DCP Midstream, for
> > > > > > > > > NGL takeaway to Mont Belvieu, Texas. Total capital investment for
> > > > > > > > > the plant and associated gathering is expected to be up to $395 million."
» »»»>
> > > > > > > > > My wife and I watched the 2 minute video of "Midstream 101" five
> > > > > > > > > or six times at https://urldefense.proofpoint.com/v2/url?u=http-
3A_www.dcpmidstream. com_company_midstream-
2D101 &d=DwIFaQ&c=A8J9jb3_CIsSlatombgkDA&r=ymel0MiGv999gMR2uKPQmIMueLzFpzjsdP5OXag8_a8
&m=Y92g1 KHQAZ7LHwNtVFfQgRHMghw7wiiD5KIWcs0YwoE&s=fmzCm50r20l7HNLNRFDKugdp72oH3eNF
c8iexmOC000&e=.
» »»»>
> > > > > > > > > It was very helpful overview. For one thing, I had not understood
> > > > > > > > > the significance of "Midstream" in the company name "DCP Midstream".
> > > > > > > > > The video provides a very good explanation of the integrated
> > > > > > > > > system of the "Upstream" wells which are drilled by the various
> > > > > > > > > well drilling companies, e.g. PDC Energy, Noble, etc and the
> > > > > > > > > crucial role played by the "Midstream" pipeline gathering system and processing plants.
» »»»>
> > > > > > > > > In your email, you said that you look forward to talking with me
>> >> >> > > again. I look forward to it as well.
» »»»>
> > > > > > > > > Will next Monday at 4 p.m. work for you for another 1 hour+
> > > > > > > > > telephone discussion? I am sending a copy of this email to County
> > > > > > > > > Planner Kim Ogle to let him know that we are discussing these issues.
» »»»>
» »»»> Bill Danks
> > > > > > > > > On Mon, Nov 12, 2018 at 5:29 PM Park, Paul D <PPark@dcpmidstream.com> wrote:
>> >> >> >> >>
» »»»» Bill
>> >> >> >> >>
>> >> >> >> >>
>> >> >> >> >>
> >> >> >> » Great talking to you.
20
>> >> >> >> >>
> >> >> >> >> Look forward to talking to you again.
>> >> >> >> >>
>> >> >> >> >>
>> >> >> >> >>
» »»»»Thanks,
>> >> >> >> >>
» »»»» Paul
>> >> >> >> >>
>> >> >> >> >>
>> >> >> >> >>
> >> >> >> >> DCP Operating Company LP
>> >> >> >> >>
» »»»» Paul DPark
>> >> >> >> >>
> > > > > > > > > > Senior Regulatory Analyst
>> >> >> >> >>
» » » > » Office 970 378 6372
>> >> >> >> >>
>>>>>>>>>> Mobile 970 539 1908
>> >> >> >> >>
> > > > > > > > > > Email ppark@dcpmidstream.com
>> >> >> >> >>
>> >> >> >> >>
21
Selena Baltierra
From:
Sent:
To:
Subject:
Received this yesterday.
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "O" Street
Greeley. CO 80632
(970) 356-4000, Ext. 4390
Fax: (970) 352-0242
Bruce Barker
Wednesday, January 23, 2019 9:14 AM
Frank Haug; CTB
FW: contact info
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 attorney privileged and
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.
Original Message
From: William Danks <wcdanks@edanks.com>
Sent: Tuesday, January 22, 2019 10:22 AM
To: Bruce Barker <bbarker@weldgov.com>: Park, Paul D <PPark@dcpmidstream.com>; Kim Ogle
< kogle@weldgov.com>; Sean Conway <sconway@weldgov.com>; Bruce Barker <bbarker@weldgov.com>;
Julie Cozad <jcozad@weldgov.com>; Mike Livengood <mlivengood@weldgov.com>; Mike Freeman
< mfreeman@weldgov.com>; Steve Moreno <smoreno@weldgov.com>; edmillage@comcast.net;
tsilvy@greeleytribune.com; uwwc@unitedway-weld.org; info@unitedwaydenver.org;
info@unitedwayfoothills.org; Weld District Attorney <weldda@co.weld.co.us>; Barney Hammond
< Barney.Hammond@pdce.com>; Andrew Fiske <Andrew.Fiske@pdce.com>; mlacis@irelandstapleton.com:
jsilvestro@irelandstapleton.com; Barbara Kirkmeyer <bkirkmeyer@weldgov.com>; Scott James
< me@scottkjames.com>; Scott James <sjames@weldgov.com>; Patrick Groom <PGroom@wobjlaw.com>;
Amy Ritt <amyritt@aol.com>
Subject: Re: contact info
Caution: This email originated from outside of Weld County Government. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
To: Paul Park as agent for Bonanza, Patrick Groom as attorney for DCP
Midstream, Weld County Commissioners, Weld County Attorney Barker,
and Attorney & Employee Andrew Fiske of PDC Energy
I, Bill Danks, submit the following three Motions:
Motion to Join PDC Energy as a Party to Bonanza Application USR 18-0099.
1
Motion to Consolidate the Three Pending (or Planned) Applications of
PDC Energy for Permits to Drill Horizontal Fracking Wells and Install
Tank Batteries Within a Vicinity of 2 Miles from Bonanza Application
USR 18-0099.
Motion to Stay All Further Applications Concerning the DCP Midstream
Grand Parkway Including the "Big Horn" Processing Plant, Application
USR 18-0099, Any Other Applications for "Pumper Station" Plants, and
All Applications of PDC Energy and Other Drilling Companies Who Will
be Connecting New Wells into DCP Midstream's Grand Parkway Project.
The stay should remain in effect until Weld County Commissioners Enact
a Zoning Ordinance on the specific topic of Zoning in Weld County
which has substantially the same content as the Colorado
Administrative Procedures Act but applying only to Zoning in Weld
County.
The grounds for the three motions are as follows:
1. The Grand Parkway is a major industrial project. It involves
the expenditure of over $395 million by DCP Midstream to construct a
62 mile pipeline loop around the city of Greeley, essentially putting
the city at the center of the loop. It involves the construction of
several large processing plants, a number of "Pumper Station" plants.
The three sources below describe the DCP Midstream Grand Parkway
pipeline project.
The following quotation is from the article at the following link:
https://urldefense.proofpoint.com/v2/url?u=https-3A news.american-
2Dusa.com_2018_01_23_coloradograndparkway_&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=ymel0MiGv9
99gMR2uKPQmIMueLzFpzjsdP5OXag8_a8&m=Ghd2gpg40j 1 MnyQkJt-
8JIjw3UL8HrwPmp5zFaErkxE&s=dwmDjjS4rcog5OuCEbSPHn2UsKygrT8TmdR_HuCqBUE&e=
The Grand Parkway in Houston, Texas, is a large freeway loop
surrounding the city and encompassing six different counties. This
large construction project that connects the country's largest
geographical metroplex is also the inspiration for DCP Midstream's new
62 -mile steel pipeline in Greeley, Colorado.
AMERICAN Steel Pipe is being used in the DCP Grand Parkway system,
which is aimed at relieving traffic and efficiently moving unprocessed
gas in its existing gathering system.
Just as Houston's Grand Parkway is intended to relieve traffic, DCP's
Grand Parkway system is aimed at relieving traffic and efficiently
moving unprocessed gas in its existing gathering system.
The following quotation is from the article at the following link:
2
https://urldefense.proofpoint.com/v2/url?u=https-
3A_www.dcpmidstream.com_dcpmidstream_media_DCP_Pdfs_Mewbourn3-5FFact-5FSheet-
5FFinal.pdf&d=DwIFaQ&c=A8J9jb3_CIsSlatombgkDA&r=ymel0MiGv999gMR2uKPQmIMueLzFpzjsdP5OXag8
_a8&m=Ghd2gpg40j1 MnyQkJt-8JIjw3UL8HrwPmp5zFaErkxE&s=1 rlovwp-
GJkp05nILT_bEN2mdNmJM9gpuTXZLvFWxuw&e=
MEWBOURN 3 PLANT & GRAND PARKWAY
The Mewbourn 3 project also includes the next phase of the Grand
Parkway low pressure gathering and associated compression asset, which
is also expected to be completed by the end of 2018. The Mewbourn 3
plant will connect to the Front Range Pipeline, one-third owned by DCP
Midstream, for NGL takeaway to Mont Belvieu, Texas. Total capital
investment for the plant and associated gathering is expected to be up
to $395 million.
The following quotation is from the article at the following link:
https://urldefense.proofpoint.com/v2/url?u=https-3A_globenewswire.com_news-
2Drelease_2018_08_01_1545787_0_en_DCP-2DMidstream-2Ds-2DMewbourn-2D3-2DPIant-2DNow-2Din-
2DService.html&d=DwIFaQ&c=A8J9jb3_CIsSlatombgkDA&r=ymel0MiGv999gMR2uKPQmIMueLzFpzjsdP5O
Xag8_a8&m=Ghd2gpg40j 1 MnyQkJt-
8JIjw3UL8HrwPmp5zFaErkxE&s=YW4QkAixnDHjzONupuPwhCFcgK5nUF5psmk9nRQdMkY&e=
DCP Midstream's Mewbourn 3 Plant Now in Service
Email Print Friendly Share
August 01, 2018 16:05 ET I Source: DCP Midstream LP
DENVER, Aug. 01, 2018 (GLOBE NEWSWIRE) -- Today, DCP Midstream, LP
(NYSE: DCP) announced that Mewbourn 3, a new 200 million cubic feet
per day (MMcf/d) natural gas processing plant is now in service ahead
of all announced timelines. Mewbourn 3 is DCP's tenth plant in the DJ
Basin, increasing the company's processing capacity in the region to
over 1 billion cubic feet per day (Bcf/d).
"We are excited to bring the Mewbourn 3 plant online as part of our
comprehensive growth strategy in the DJ Basin, completing an important
step toward adding 1.5 billion cubic feet per day of capacity to meet
the needs of our customers' continued record production," said Wouter
van Kempen, president, chairman, and CEO of DCP Midstream. "All of our
DJ Basin customers will immediately benefit from this increase in
processing capacity, and our future build out in basin infrastructure
will ensure their production growth capacity well into the next
decade."
The Mewbourn 3 plant connects to multiple outlets affiliated with DCP
for natural gas liquids and natural gas takeaway, ensuring DJ Basin
producers have access to attractive markets, including those along the
Gulf Coast.
In addition to Mewbourn 3, DCP has previously announced two upcoming
plants as part of its multi -year, fully integrated growth strategy.
3
With construction currently underway, the in-service date for the
O'Connor 2 facility has been accelerated to Q2 2019, and its capacity
has been expanded by 50%, to 300 MMcf/d, including up to a 100 MMcf/d
bypass.
Additionally, DCP has secured land and filed permits for a 12th plant,
recently named Bighorn, to further meet the projected needs of
production in the basin. Bighorn will have up to 1 Bcf/d of capacity,
including bypass, and is expected to begin initial phases of
operations in 2020. Along with these plant expansions and additions,
DCP is extending its value chain via NGL and gas takeaway projects to
ensure producers' needs are met from the wellhead to end use markets.
2. The DCP Midstream infrastructure is necessary so that well
drilling companies, such as PDC Energy, can send out production from
their wells. The newer horizontal fracking wells are of a larger
industrial use than the wells of the past. PDC Energy, which has
already constructed a number of these newer wells in the area
surrounding Kersey, generally places between 20 and 30 tanks at each
industrial site. These large industrial "tank batteries" are creating
a "Commerce City" as they march southeast from the "Spanish Colony"
toward the location of Application 18-0099. The industrial well
sites need other related industries besides DCP Midstream. Other
related supporting industries include injection wells and fleets of
tanker trucks carrying "produced water." The so called "water" is not
"water". It is a toxic hazardous fluid which has caused major
explosions and fires at NGL's injection wells. The industrial wells
also need a supply of actual water for drilling which makes the area
around Greeley attractive to the oil industry.
3. The present zoning procedure of Weld County is fatally
defective in its entirety. In 2014 DPS Midstream was discussing its
$395 million dollar project with drilling companies, with Weld County
Government, and with other supporting industrial companies. At that
time, in order to deal with a 62 mile -long and $395 million -dollar
project, (which does not include the cost of drilling the wells, etc.)
the Weld County government should have passed a major amendment to
the Zoning map of Weld County. Instead the Commissioners allowed DPS
Midstream to proceed piecemeal with the huge industrial project. The
Commissioners scheduled countless special hearings before themselves,
acting as judges. In hearing after hearing, they granted exception
after exception to allow DCP's industrial use in land that was zoned
agricultural.
4. DCP Midstream is probably more than halfway through its Grand
Parkway project. It now seeks, via Application USR 18-0099, another
exception to allow for industrial use in land zoned agricultural.
Application USR 18-0099 violates Weld County's own guidelines in a
number of respects including that DCP Midstream at the time of the
application did not own the land, did not have a lease on the land,
4
and did not have an option to purchase the land contingent upon the
application being granted.
5. Our system of government, both federal and state, is based
upon the separation of powers: legislative, executive, and judicial.
Congress adopted The Administrative Procedures Act to regulate federal
agencies. Colorado adopted the Administrative Procedures Act to
regulate Colorado state agencies. All agencies, including Workers
Compensation, have independent "administrative law judges" who decide
whether an application should be granted."
6. Application USR 18-0099 and all other applications of well
drilling companies (PDC Energy, Noble, et. al.) and DCP Midstream
should be stayed until an Administrative Procedures Act for Zoning in
Weld County is enacted. The act needs to require a "rule making"
procedure with public notice. Most importantly, the act needs to
require that independent "administrative law judges" rule on all
applications for exceptions to the zoning map. Independent judges
are essential. Neither the appearance of bias nor any actual
corruption in government can be tolerated.
7. In addition to independent "administrative law judges" a
procedure must exist to allow opponents of an application to gain the
information necessary to make their objection. In the case involving
Application USR 18-0099, there are neither independent law judges nor
a procedure that allows opponents of an application to gain necessary
information.
8. DCP Midstream's Attorney Groom has given the appearance,
whether or not it is also an actual fact, that he knows how different
Commissioners will vote on Application USR 18-0099. His appearance of
judicial impropriety is not unique to this particular case before the
County Commissioners. Attorney Groom participated in the Martin
Marietta case where Martin Marietta applied to place an industrial
asphalt plant in an agriculture zone. Attorney Groom was attorney for
one of the affiliates of Martin Marietta. In that case, the District
Court remanded the decision back to the County Commissioners ordering
that the Commissioners make findings of fact as to why the
Commissioners had granted the Application. During the remand, the
attorneys for Martin Marietta communicated with Weld County Attorney
Barker and the Weld County Commissioners without disclosing those
communications to opposing counsel. This ex parte communication is
prohibited. The attorney for one side cannot communicate with the
judge except in court or by paper with a copy to the opposing side.
9. When Martin Marietta communicated with Weld County
5
Commissioners, the Commissioners were wearing their judicial hats.
They wear these judicial hats at least 20% of the five-day work week,
i.e. every Wednesday, when they sit as administrative law judges to
consider applications by the oil companies who are seeking exceptions
to the zoning code in order to place industrial plants in agricultural
zones. The reason that the Weld County Commissioners, acting as
judges, sit so often on exception hearings is because the Weld County
Commissioners, acting as legislators and executives, fail to pass an
administrative rule -making amendment to the zoning map when such
amendments are clearly necessary. Such an amendment was necessary in
2014 when DCP first proposed the Grand Parkway.
10. County Attorney Barker has an irreconcilable conflict of interest
in trying to give legal advice to the Commissioners when they are
wearing their various hats as judges, legislators, and executives. He
has an even more irreconcilable conflict of interest when he fields
information from the attorneys who are hired by industrial clients to
help them seek exemptions from the Commissioners in order to build
industrial plants in agricultural areas. Through discovery for this
case, I need to know all of the ex parte communications as well as any
and all transfers of money or gifts that might affect the
Commissioners while they are acting as judges in this case.
11. County Attorney Barker has consistently refused my Open Records
Requests. First, County Attorney Barker evoked "privilege" in his
refusal to grant my Open Records Request for the documents in the
Martin Marietta case. See the email chain in Exhibit 22. Second,
County Attorney Barker refused my Open Records Request for documents
in the illegal transfer of money from companies doing business with
Weld County through United Way for the Breckenridge meeting of the
Commissioners and others. See the email chain in Exhibit 23. In
that illegal transfer PDC Energy transferred $1500 through United Way,
all the while knowing that the $1500 was being laundered by United Way
for the Breckenridge trip. Comments of Commissioner Conway in the
Greeley Tribune article give the appearance that County Attorney
Barker advised Commissioner Kirkmeyer to run the transfers through
United Way. Third, Attorney Barker denied my Open Records Request for
all communications between his office and DCP Midstream. I hereby
renew all three of these Open Records requests as new requests so that
the issue of the validity of these denials by Attorney Barker can be
reviewed on appeal of this case.
12. Weld County's present procedures make it impossible for any
opponent of the exemption application to gain the necessary facts with
which to mount an opposition to the application. In this Application
USR 18-0999, DCP Midstream has refused to voluntarily provide any of
the information which I have requested in this email chain.
Furthermore, neither County Attorney Barker nor DCP Attorney Groom
have responded with any written response to the legal arguments in
this email chain. Nor is there any opportunity at the actual hearing
6
on the application to cross-examine witnesses. Thus, the opponents of
the application are denied due process of law and a meaningful
opportunity to contest the application.
In my email dated Jan. 1, 2019 (Exhibit 18), I listed 18 exhibits for
the hearing on USR 18-0099. In addition to those exhibits, I add the
following exhibits.
19. Copy of my email to County Attorney Barker on November 28, 2018
which has the correct links to the articles.
20. Copy of the reply email from County Attorney Barker on November
29, 2018 with the altered links to the articles. Someone — was it you
Attorney Barker — attacked my computer.
21. Email from Deputy Clerk of the Board to me dated December 27, 2018
with Application Numbers and Commissioners present for the hearing on
Dec. 19 and Dec 26, 2018.
22. Email chain "RE PDC Energy / Spot Zoning / S.E. of 'Spanish
Colony' " containing Open Records Request for Martin Marietta ex parte
communications.
23. Email chain "RE Weld County United Way Transfer / County Attorney
Barker" containing Open Records Request.
24. Email dated Dec. 31, 2018 from me to Deputy Clerk re transcript of
hearing on Dec. 19, 2018 and transcript of hearing on Jan 23, 2019.
25. Copy of this email Dated Jan. 22, 2019 and the accompanying chain
of emails working backwards in time.
Bill Danks
On Mon, Jan 21, 2019 at 4:17 PM William Danks <wcdanks@edanks.com> wrote:
> To: Patrick Groom as attorney for DCP Midstream,
> I just received this message from DCP Midstream requesting a
> continuance. A copy is reproduced below. We need to know the reason
> you are requesting a continuance so that we can be prepared to respond
> to your request.
> Have you already communicated the request to anyone in Weld County
> Government? Did you make the request verbally, in writing or both? If
> verbally, who have you talked to and state what was said. If you made
> the request in writing, then forward immediately to me your written
> request.
> Regarding your request to continue the December 19, 2018 hearing, now
> is a good time for you, County Attorney Barker and County Planner Kim
> Ogle to make full disclosure of how that request was made and how the
> Commissioners had decided to grant the request before we arrived in
> the Clerk's office on December 19 for that hearing.
>
> Bill Danks
> Bill Danks
> Prairie Compressor Station continuance request
> Inbox
> x
> Borders, Shannon
> 2:03 PM (1 hour ago)
> to Shannon
> Hello,
> On Wednesday, January 23, DCP is scheduled to present the Prairie
> Compressor Station (USR18-0099) at the Weld County Board of County
> Commissioners hearing. We wanted to let our neighbors know we are
> requesting a continuance to a date in early March. While we cannot
> anticipate whether or not the continuance will be granted, we wanted
> to keep you informed as we move through the process. Please let me
> know if you have questions.
> Regards,
> Shannon Borders
> Community Outreach Manager
> DCP Midstream
> cell 970.652.0397
> sborders@dcpmidstream.com
> On Sat, Jan 19, 2019 at 4:44 PM William Danks <wcdanks@edanks.com> wrote:
> > To: Weld County Attorney Bruce Barker and District Attorney Michael Rourke,
> > On January 1, 2019, I sent an email to you, County Attorney Barker,
> > stating that "someone has attacked my computer." Mr. Barker, I have
> > received no response from you.
> > In a few minutes, I will forward to you my email to you dated November
> > 28, 2018 at 8:32 a.m. and then in a few minutes after that, I will
> > forward your email to me dated November 29, 2918 at 8:43 a.m. Please
> > compare the wording of the http links in the email chain for the dates
> > of November 24 at 4:47 p.m. and November 16, at 1:15 p.m. You will
> > see that you changed the links to https://urldefense.proofpoint.com/v2/url?u=http-
3A urldefense&d=DwlFaQ&c=A8J9jb3_ClsSlatombgkDA&r=ymel0MiGv999gMR2uKPQmIMueLzFpzjsdP5O
Xag8_a8&m=Ghd2gpg40j 1 MnyQkJt-
8JIjw3UL8HrwPmp5zFaErkxE&s=bwz0lk9s4tFHFOmDwDCE6BPxSy5iudyixTjshziyHag&e=.... Thus, when I
> > continued to add future emails to this chain, the recipients of my
> > future emails had corrupted link.
> > County Attorney Barker , someone attacked my computer -- was it you?
> > Bill Danks
8
> > 17. William Danks email chain working backward from email to "Paul"
> > Park dated Wed. Nov 28, 2018, and with email dated Nov 28, 2018 to
> > "Custodian of Records ... " and with email to "Paul" Park dated Nov.
> > 24, 2018 and with email to Paul dated Nov. 16, 2018 and email dated
> > Nov 12 from Paul to "Bill" Please note the links in this copy of the
> > emails will take one to the correct site. Somehow, these links same
> > links were changed in the following Exhibit which contains copies of
> > the same emails i.e. someone has attacked my computer. For example,
> > the link https://urldefense.proofpoint.com/v2/url?u=http-3A_clr-2D34.org_martin-2Dmarietta-2Dhwy34-
2Dproject_appeal-2Dco-2Dthe-2Dco-2Dcourt-2Dof-
2Dappeals_&d=DwIFaQ&c=A8J9jb3_CIsSlatombgkDA&r=ymel0MiGv999gMR2uKPQmIMueLzFpzjsdP5OXag
8_a8&m=Ghd2gpg40j1 MnyQkJt-
8JIjw3UL8HrwPmp5zFaErkxE&s=eDgDOyLYzOIK08xmGzkkFRHRCovOROZNoiBWIsA2nus&e=
> > found in my original email dated November 24 has through this attack
> > been changed so that the link will now read in this email as follows:
> > https://urldefense.proofpoint.com/v2/url?u=http-3A clr-2D34.org_mar
> > tin-2Dmarietta-2Dhwy34-2Dproject_appeal-2Dto-2Dthe-2Dco-2Dcourt-2Dof-2
Dappeals_&d=DwIFaQ&c=A8J9jb3_CIsSlatombgkDA&r=ymel0MiGv999gMR2uKPQmIMueLzFpzjsdP5OXag8
_a8&m=Y92g 1 KHQAZ7LHwNtVFfQgRHMghw7wiiD5KIWcs0YwoE&s=iAuf
> > AHUZ9rKupRGEZdOyE4FjPbjEbWiPgT5vINLgNok&e=
> > On Tue, Jan 1, 2019 at 7:24 PM William Danks <wcdanks@edanks.com> wrote:
>>>
> > > To: Paul Park as agent for Bonanza, Patrick Groom as attorney for DCP,
> > > Weld County Attorney Bruce Barker, Weld County Commissioners.
>>>
> > > Re: Bonanza Application USR 18-0099 - Hearing Before Weld County
> > > Commissioners set for January 23, 2019
>>>
> > > Exhibit and Witness List of William C. Danks, 30150 CR 50, Kersey, Co. 80644
>>>
> > > Exhibits:
>>>
> > > 1. Planning Department home page for USR 18-0099 with links to
> > > the following exhibits 2- 11 found at
>>>
https://www.weldgov. com/departments/planning_and_zoning/current_planning_cases/december_4_2018_p_
c_hearing/
>>>
> > > 2. Application of Bonanza — 68 pp.
Drainage Report — 13 pp.
Lighting Plan — 3 pp.
Tower Information — 11 pp.
USR Maps — 4 pp.
> > > 7. Utilities — 5 pp.
>>>
>> > 8.
>>>
>> > 9.
Referral Comments — 15 pp.
PC Exhibits —12 pp.
9
>>>
> > > 10. Staff Report -12 pp.
>>>
> > > 11. Draft PC Resolution— 10 pp.
>>>
> > > 12. USE BY SPECIAL REVIEW (USR) PROCEDURAL GUIDE CHECKLIST (16 pp.)
>>> FOUND AT:
https://www.weldgov.com/UserFiles/Servers/Server_6/File/Departments/Planning°/020&%20Zoning/Land°/020U
se%20Applications%20and%20Assistance/Land%20Use%20Applications/Applications/USR. pdf
>>>
> > > 13. "Midstream 101"
> > > https://urldefense.proofpoint.com/v2/url?u=http-3A_www.dcpmidstream.com_company_midstream-
2D101 &d=DwIFaQ&c=A8J9jb3_CIsSlatombgkDA&r=ymel0MiGv999gMR2uKPQmIMueLzFpzjsdP5OXag8_a8
&m=Ghd2gpg40j1 MnyQkJt-
8JIjw3UL8HrwPmp5zFaErkxE&s=vD9Wzh776UyZ7HJ48Dz7L_WtmD5HLAK35JfhhKYuBPY&e= and any and
all
> > > other items on the DCP Midstream web page.
>>>
> > > 14. "Appellants' Opening Brief" (54 pp.) in Court of Appeals in
> > > "Martin Marietta" case Case No. 2017CA463 (Appeal from Weld County
> > > District Court Case No. 2015CV30776). This brief and other pleadings
> > > and court decisions can be found at
> > > https://urldefense.proofpoint.com/v2/url?u=http-3A_clr-2D34.org_martin-2Dmarietta-2Dhwy34-
2Dproject_appeal-2Dto-2Dthe-2Dco-2Dcourt-2Dof-
2Dappeals_&d=Dwl FaQ&c=A8J9jb3_CIsSlatombgkDA&r=ymel0MiGv999gMR2uKPQmIMueLzFpzjsdP5OXag
8_a8&m=Ghd2gpg40j1 MnyQkJt-
8JIjw3UL8HrwPmp5zFaErkxE&s=eDgDOyLYzOIK08xmGzkkFRHRCovOROZNoiBWIsA2nus&e=
>>>
> > > 15. "Installation of Colorado's Grand Parkway Overcomes it All"
> > > Posted by American News, January 23, 2018 found at
> > > https://urldefense.proofpoint.com/v2/url?u=https-3A_news.american-
2Dusa.com_2018_01_23_coloradograndparkway_&d=DwIFaQ&c=A8J9jb3_CIsSlatombgkDA&r=ymel0MiGv9
99gMR2uKPQmIMueLzFpzjsdP5OXag8_a8&m=Ghd2gpg40j 1 MnyQkJt-
8JIjw3UL8HrwPmp5zFaErkxE&s=dwmDjjS4rcog5OuCEbSPHn2UsKygrT8TmdR_HuCgBUE&e=
>>>
> > > 16. "Mewbourn 3 Plant and Grand Parkway" article (1 p.) found on the
> > > DCP web page at:
> > > https://urldefense.proofpoint.com/v2/url?u=https-
3A point.com/v2/url?u=https-
3A_www.dcpmidstream.com_dcpmidstream_media_DCP_Pdfs_Mewbourn3-5FFact-5FSheet-
5FFinal.pdf&d=DwIFaQ&c=A8J9jb3_CIsSlatombgkDA&r=ymel0MiGv999gMR2uKPQmIMueLzFpzjsdP5OXag8
_a8&m=Ghd2gpg40j1 MnyQkJt-8JIjw3UL8HrwPmp5zFaErkxE&s=1 rlovwp-
GJkp05nILT_bEN2mdNmJM9gpuTXZLvFWxuw&e=
>>>
> > > 17. William Danks email chain working backward from email to "Paul"
> > > Park dated Wed. Nov 28, 2018, and with email dated Nov 28, 2018 to
> > > "Custodian of Records ... " and with email to "Paul" Park dated Nov.
> > > 24, 2018 and with email to Paul dated Nov. 16, 2018 and email dated
> > > Nov 12 from Paul to "Bill" Please note the links in this copy of the
> > > emails will take one to the correct site. Somehow, these links same
> > > links were changed in the following Exhibit which contains copies of
> > > the same emails i.e. someone has attacked my computer. For example,
> > > the link https://urldefense.proofpoint.com/v2/url?u=http-3A_clr-2D34.org_martin-2Dmarietta-2Dhwy34-
2Dproject_appeal-2Dto-2Dthe-2Dco-2Dcourt-2 Dof-
2Dappeals_&d=DwI FaQ&c=A8J9jb3_CIsSlatombgkDA&r=ymel0MiGv999gMR2uKPQmIMueLzFpzjsdP5OXag
8_a8&m=Ghd2gpg40j1 MnyQkJt-
8JIjw3U L8HrwPmp5zFaErkxE&s=eDgDOyLYzOIK08xmGzkkFRHRCovOROZNoiBWIsA2nus&e=
10
> > > found in my original email dated November 24 has through this attack
> > > been changed so that the link will now read in this email as follows:
>>>
> > > https://urldefense.proofpoint.com/v2/url?u=http-3A_clr-2D34.org_mar
> > > tin-2Dmarietta-2Dhwy34-2Dproject_appeal-2Dto-2Dthe-2Dco-2Dcourt-2Dof-2
>> >
Dappeals_&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=ymel0MiGv999gMR2uKPQmIMueLzFpzjsdP5OXag8
_a8&m=Y92g1 KHQAZ7LHwNtVFfQgRHMghw7wiiD5KIWcs0YwoE&s=iAuf
> > > AHUZ9rKupRGEZdOyE4FjPbjEbWiPgT5vINLgNok&e=
>>>
>>>
>>>
> > > 18. William Danks email chain working back from this email which is
> > > dated Jan. 1, 2019. are emails dated: Dec. 27, Dec. 11, Dec. 22, Dec.
> > > 11, Dec. 10, Nov. 30, Nov. 29, Nov. 28, Nov. 24, Nov. 16, Nov. 12.
>>>
> > > Witness to be called for cross examination and under oath at the
> > > hearing on this Application. The witnesses are requested to either
> > > provide before the hearing or bring to the hearing all communications
> > > (digital or paper) as shown. Note, none of the communications are
> > > between an attorney and the client of that attorney. Thus, none are
> > > within the attorney -client privilege or any other privilege which
> > > would prevent disclosure.
>>>
> > > 1. Attorney for DCP, Patrick Groom. All communications starting
> > > from June 1, 2018 to Jan. 23, 2019 between Mr. Groom and any of the
> > > following: Bruce Barker, B. Kirkmeyer and/or any of the other Weld
> > > County Commissioners, Bonanza Creek including any of its attorneys.
>>>
> > > 2. County Attorney Bruce Barker. All communications starting from
> > > Jan. 1, 2014 to Jan. 23, 2019 between Mr. Barker and DCP including
> > > any of its affiliate companies and any of its attorneys.
>>>
> > > 3. County Commissioner Barbara Kirkmeyer. All communications
> > > starting from Jan. 1, 2014 to Jan. 23, 2019 between Ms. Kirkmeyer and
> > > DCP including any of its affiliate companies and any of its
> > > attorneys.
>>>
> > > Bill Danks
>>>
>>>
> > > On Thu, Dec 27, 2018 at 5:08 PM William Danks <wcdanks@edanks.com> wrote:
>> >>
> > > > To: Paul Park as agent for Bonanza, Weld County Commissioners, and
> > > > Weld County Attorney Barker
>> >>
>> >>
>> >>
> > > > Motion to Disqualify County Commissioners Moreno, Conway, Cozad,
> > > > Freeman, Kirkmeyer and County Attorney Barker from participating in
> > > > the Commission hearing on Bonanza Application USR 18-0099.
>> >>
> > > > The disqualification is for the following reasons.
>> >>
> > > > 1. The December 19, 2018 final hearing on Bonanza Application
> > > > USR 18-0099 was postponed under circumstances which raise serious
11
> > > > issues concerning the Commissioners' abilities to render a fair and
> > > > impartial decision on the merits of the application.
>> >>
> > > > 2. Article 3 of the Colorado Constitution and the common law on
> > > > conflicts (discussed in my email dated November 11, 2018, a copy of
> > > > which is reproduced below) prohibits the Commissioners from making
> > > > judicial decisions while also making legislative and executive
> > > > decisions on the same subject matter.
>> >>
> > > > The undisputed facts on #1, are as follows:
>> >>
> > > > Sometime prior to December 19, 2018, Attorney Groom had communications
> > > > with Weld County officials requesting a continuance of the December 19
> > > > hearing. One or more of the Weld County Commissioners advised the
> > > > clerks that the December 19 hearing would be postponed until December
> > > > 26. None of the many opponents to the December 19 hearing were
> > > > informed that there would be a continuance. Some opponents attended
> > > > the hearing. Prior to December 19 and without any public disclosure,
> > > > the Commission agreed to the postponement of December 19 and
> > > > tentatively agreed to a December 26 hearing date. At no time during
> > > > the public hearing on December 19 did Attorney Groom give to the
> > > > Commissioners any reason for requesting the continuance, such as an
> > > > evidence problem due to the unavailability of a supporting witness on
> > > > December 19 and that witness's availability on December 26.
>> >>
> > > > Based on these undisputed facts, it is highly likely that Attorney
> > > > Groom during communications with Weld County officials learned which
> > > > Commissioners would be present on December 19 and which Commissioners
> > > > would be present on December 26. With this information, Attorney
> > > > Groom could determine whether Application USR 18-0099 would be
> > > > defeated on December 19 and passed on December 26. With a sworn
> > > > affidavit, Attorney Groom should state whether this likelihood is an
> > > > undisputed fact.
>> >>
> > > > On December 19, 2018, unaware of the above undisputed facts, I arrived
> > > > for the scheduled hearing before the Commissioners on Bonanza
> > > > Application USR 18-0099. At the entry to the hearing room, I looked
> > > > for a copy of the agenda so that I could determine when the Commission
> > > > would hear the Bonanza Application. Finding no Agenda posted, I went
> > > > to the office of the Clerk for the Commission. There a group of three
> > > > clerks told me that the Bonanza Application had been postponed at the
> > > > request of Attorney Groom and that it was going to be rescheduled for
> > > > December 26, 2018. I stated that neither I nor any of the other
> > > > neighbors protesting the application had heard about the postponement
> > > > and that we were present for the hearing. I further said that my wife
> > > > and I would not be able to come on December 26. One of the clerks
> > > > stated that we could ask the commissioners for a different date.
>> >>
> > > > I proceeded to the hearing room and met with Attorney Groom. I asked
> > > > Attorney Groom why he had not given any of the protestors any advance
> > > > notice that he had requested a postponement and a re -scheduling to
> > > > December 26. He gave no response. I then asked him whom he had
> > > > contacted at Weld County to secure the postponement. After some
> > > > hesitation, he said Kim Ogle (Planner with the Planning Department who
> > > > was assigned to this Application). I told Attorney Groom that we
> > > > could not attend on December 26, to which he gave no response.
12
>> >>
> > > > Following a recess, three Commissioners chaired by Commissioner
> > > > Kirkmeyer and joined by Commissioners Cozad and Freeman, re -convened
> > > > and called the 10 a.m. docket. The docket consisted of the Bonanza
> > > > Application and the Applications of three other companies. All four
> > > > applications were seeking an industrial use in an agriculture zone
> > > > under the USR (Use for Special Review) procedure.
>> >>
> > > > At this time, Commissioner Kirkmeyer asked all four applicants to come
> > > > forward. Attorney Groom stepped forward and identified himself as
> > > > attorney for DCP Midstream. Attorneys (or representatives, it was
> > > > unclear which) for the other three applicants (Rocky Mountain
> > > > Midstream LLC for USR 18-0098, DJ South Gathering LLC for USR 18-0099,
> > > > and USR 18-0140 for Outrigger DJ Operating, LLC) stepped forward.
> > > > Commissioner Kirkmeyer told them that since there were only three
> > > > Commissioners present, they had the option to proceed or not proceed.
> > > > She explained that if they did proceed, each of their applications
> > > > would have to receive the approval of all three commissioners present
> > > > (Kirkmeyer, Cozad and Freeman) in order for the application to be
> > > > granted. (In the Clerk's office, none of the three clerks had
> > > > mentioned anything to me about the number of Commissioners who would
> > > > be attending the hearing or the number of affirmative votes which
> > > > would be required to approve an application.)
>> >>
> > > > Despite being told that a negative vote by any of the three
> > > > Commissioners present would cause their applications to be denied and
> > > > without an opportunity to discuss this "new" news with their clients,
> > > > the other three applicants stated without any hesitation that they
> > > > wanted to proceed. Attorney Groom, also without any hesitation or
> > > > need to discuss with his clients, stated that he as attorney for DCP
> > > > Midstream did not want to proceed and wanted Application USR 18-0099
> > > > postponed to December 26.
>> >>
> > > > All of this gave the appearance that none of this was "new" news to
> > > > any of the four companies who had applications scheduled for final
> > > > decision on December 19. All four gave the appearance that they had
> > > > previously considered the situation and knew exactly what they were
> > > > going to do, i.e. go forward with the three commissioners or rather in
> > > > the case of Mr. Groom, not go forward and ask for a postponement to
> > > > December 26.
>> >>
> > > > My wife, Noblet Danks, then raised her hand and she spoke in
> > > > opposition to the continuance, stating inter alia, that Attorney Groom
> > > > did not have the legal authority to speak for Bonanza or the legal
> > > > authority to ask for a postponement of Bonanza's Application. She
> > > > stated that she and other opponents of the application were present in
> > > > the hearing room and wanted to have the hearing that they had come
> > > > for. She did not state what we had stated to the three clerks in the
> > > > clerk's office, that we would be unable to attend on December 26.
>> >>
> > > > Commissioner Kirkmeyer appeared ready to grant the December 26 date
> > > > but Commissioner Cozad spoke, saying that December 26, the day after a
> > > > major holiday, might possibly be difficult for some to attend.
> > > > Commissioner Kirkmeyer then asked for a show of hands from the
> > > > protesting neighbors to indicate who would be unable to attend on
> > > > December 26. A number raised their hands. CommissionerKirkmeyer then
13
> called on Attorney Groom who again reiterated that he wanted the
> hearing on December 26 and Commissioner Cozad indicated her
> disagreement to December 26 perhaps by only turning toward
> Commissioner Kirkmeyer. Chair Kirkmeyer then cut-off further
> discussion and called for an immediate vote on a postponement to a
> hearing date of January 23, 2019. All three commissioners then voted
> in favor of the postponement to January 23, 2019.
> On December 19, all three Commissioners (Kirkmeyer, Cozad and Freeman)
> voted in favor and thus the Commission approved the other three
> applications for Use by Special Review to place an industrial use on
> property zoned for agriculture. (Commissioners Moreno and Conway not
> participating since they were absent on December 19.) Thus, the
> "immediate" decision to proceed of the other three oil companies
> turned out to be the correct decision for those three companies. One
> would think that their clients would have been terribly upset if the
> decision to proceed turned out to be a bad decision since, from all
> appearances at the hearing, the decision to proceed was made without
> any real consultation with their clients.
> On December 26, 4 of the 5 Commissioners were present, Moreno,
> Kirkmeyer, Cozad and Freeman. Commissioner Conway was again absent.
> These four Commissioners considered two more applications for Use by
> Special Review — one being approved and one being referred back to the
> Planning Department.
>> >>
> > > > At no time on December 19 did Attorney Groom state to me in our
> > > > private discussions that he was requesting a postponement because of a
> > > > witness who could not be present on December 19 but could be present
> > > > on December 26. Nor did he give to me any other evidentiary problem
> > > > on December 19 which motivated him to ask for a continuance of the
> » date.
>> >>
> > > > From the facts disclosed, Attorney Groom spoke, prior to December 19,
> > > > with either a Commissioner or with Attorney Bruce Barker or with
> > > > Planner Kim Ogle or with another Weld County official to seek a
> > > > postponement. He did not advise any of the application's opponents of
> > > > that conversation. It appears likely that during that conversation,
> > > > he somehow learned which Commissioners were going to be present on
> > > > December 19 and which Commissioners were going to be present on
> > > > December 26. He did not share what he learned with the application's
> > > > opponents. Somehow, he then made a determination that the
> > > > Commissioners present on December 19 would deny the application and
> > > > that the Commissioners present on December 26 would grant the
> > > > application.
>> >>
> > > > The appearance if not the actual fact of the postponement is as
> > > > follows: Attorney Groom concluded sometime before December 19
> > > > that Commissioner Cozad would vote against the Bonanza application on
> > > > December 19 and the application would thereby be denied. Attorney
> > > > Groom further concluded sometime before December 19 that at the
> > > > Commission hearing on December 26, three Commissioners, (Kirkmeyer,
> > > > Freeman and Moreno) would vote for the Bonanza application and it
> > > > would be approved.
>> >>
> > > > Based on the appearance if not the actual fact of serious concerns
14
> > > > about the integrity of any decision by the present Commissioners, I
> > > > request that all of the facts concerning the postponement and any
> > > > communications between Attorney Groom and any Weld County official or
> > > > employee concerning Application USR 18-099 after December 5, 2018 be
> > > > made public.
>> >>
> > > > Public statements are needed from at least the following: Attorney
> > > > Groom, County Attorney Barker, Commissioner Kirkmeyer, and
> > > > Commissioner Cozad.
>> >>
> > > > These statements should be made either at a hearing under oath and
> > > > subject to cross examination or at a minimum by sworn affidavit.
>> >>
> > > > Furthermore, the three clerks who very honestly stated to us in the
> > > > Clerk's office when we sought to get an agenda for the December 19
> > > > proceedings that the Bonanza Application had been postponed from
> > > > December 19 to December 26 and said that we could ask the
> > > > Commissioners for a different date since we could not be present on
> > > > December 26, should not be punished in any manner. They were being
> > > > courteous public servants.
>> >>
> > > > In addition to the grounds stated above, some of the other grounds for
> > > > the disqualification are set forth in my email which was sent on
> > > > December 11, 2018. A copy of the email is reproduced below. This is a
> > > > serious legal argument based upon Article III of the Colorado
> > > > Constitution and the common law conflicts of interest which disqualify
> > > > a person from sitting in a judicial capacity such as the one which the
> > > > Commissioners propose to hold on January 23, 2019 on Bonanza
> > > > application USR 18-0099.
>> >>
> > > > If either Weld County Government or Bonanza disagrees to this motion
> > > > for disqualification, a thoughtful legal brief should be written in
> > > > opposition at this time and before any hearing by the Commissioners.
>> >>
>> >> Bill Danks
>> >>
>> >>
>> >>
> > > > From: William Danks <wcdanks@edanks.com>
> > > > Date: Tue, Dec 11, 2018 at 1:23 PM
> > > > Subject: Re: contact info
> > > > To: <ppark@dcpmidstream.com>, <kogle@weldgov.com>, Mike Freeman
> > > > <mfreeman@weldgov.com>, Sean Conway <sconway@weldgov.com>, Steve
> > > > Moreno <smoreno@weldgov.com>, Julie Cozad <jcozad@weldgov.com>, Bruce
> > > > Barker <bbarker@weldgov.com>, Mike Livengood <mlivengood@weldgov.com>
>> >>
>> >>
> > > > DCP Representative Paul Park, Weld County Commissioners, County Attorney Barker,
>> >>
> > > > All of the arguments stated in this chain of emails are submitted in
> > > > opposition to the Application of DCP which is scheduled to be heard by
> > > > the Weld County Commissioners on December 19, 2018.
>> >>
> > > > In addition, I object any and all of the Weld County Commissioners
> > > > acting as the judicial decision makers in deciding whether or not to
> > > > approve the DCP Application.
15
>> >>
> > > > The structure of the Weld County government in which the Commissioners
> > > > act in a judicial, executive and legislative capacity violate the
> > > > separation of powers. They cannot sit as an impartial and fair
> > > > tribunal to decide the judicial question of the application because
> > > > of their past actions in this matter as a legislative and executive
>> >> body.
>> >>
> > > > Furthermore, I object to County Attorney Barker advising or assisting
> > > > in any manner the Commissioners or any other person or persons who sit
> > > > in a judicial capacity to make an ultimate decision on the application
> > > > of DCP because of the County Attorney's conflict of interest in
> > > > representing the Weld County Commissioners in their legislative and
> > > > executive functions of first enacting the zoning laws and then
> > > > implementing those zoning laws.
>> >>
> > > > In addition to the common law conflict of interest of the
> > > > Commissioners acting in a judicial role following their legislative
> > > > and executive roles, the Commissioners are disqualified by virtue of
> > > > Article 3 of the Constitution of Colorado which states:
>> >>
> > > > "Art. III Distribution of Powers
>> >>
> > > > The powers of the government of this state are divided into three
> > > > distinct departments, --the Legislative, Executive and Judicial; and
> > > > no person or collection of persons charged with the exercise of powers
> > > > properly belonging to one of these departments shall exercise any
> > > > power properly belonging to either of the others, except as in this
> > > > Constitution expressly directed or permitted."
>> >>
> > > > Furthermore, I object to the DCP application because Weld County
> > > > Attorney Barker has failed to provide the information needed in order
> > > > for me to fully object to the application and because DCP has failed
> > > > to provide the information which I requested from DCP.
>> >>
> > > > In the alternative, I request that the hearing be postponed until the
> > > > information is provided.
>> >>
> > > > I have received no response from Paul Park nor anyone else on behalf
> > > > of DCP to these emails. Therefore the arguments made in these emails
> > > > stand uncontested by DCP.
>> >>
>> >> Bill Danks
>> >>
</mlivengood@weldgov. com></bbarker@weldgov.com></jcozad@weldgov.com></smoreno@weldgov.com><
/sconway@weldgov.com></mfreeman@weldgov.com></kogle@weldgov.com></ppark@dcpmidstream.com><
/wcdanks@edanks.com>
>> >>
>> >>
>> >>
> > > > On Sat, Dec 22, 2018 at 4:28 PM William Danks <wcdanks@edanks.com> wrote:
» »>
> > > > > To: Weld County Commissioners:
» »>
> > > > > Motion to Dismiss Application USR 18-0099
» »>
16
> > > > > The Weld County Commissioners should dismiss this Application. On the
> > > > > face of the Application, the application cannot be granted.
»»>
> > > > > This application is merely a hypothetical case. Bonanza is not
> > > > > authorized to build an interstate pipeline or a pumping station in
> > > > > connection with that pipeline. The Federal Energy Regulatory
> > > > > Commission (FERC) regulates interstate pipeline companies. Bonanza is
> > > > > not an interstate pipeline company.
» »>
> > > > > As stated on the FERC web page at
» »>
> > > > > https://urldefense.proofpoint.com/v2/url?u=https-3A_www.ferc.gov_industries_gas_indus-
2Dact_pipelines.asp&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=ymel0MiGv999gMR2uKPQmIMueLzFpzjsd
P5OXag8_a8&m=Ghd2gpg40j 1 MnyQkJt-
8Jljw3UL8HrwPmp5zFaErkxE&s=xsDXUFOPiLsjdW39vCLUfYN72WxRW3iD3KFODT2kquw&e=
>> >>
>> >>
>> >>
>> >>
>> >>
>> >>
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>
> "FERC reviews applications for construction and operation of
> interstate natural gas pipelines under authority of section 7 of the
> Natural Gas Act. FERC review ensures that applicants certify that they
> will comply with Department of Transportation safety standards."
>
> Furthermore, DCP has no ownership interest in this property which
> would allow it to build a pumping station even if this Application is
> granted.
>
> The Application of Bonanza refers to two parcels. Bonanza owns both
> parcels. The Application only seeks to build on one of the two
> parcels. Therefore, the other parcel should not be part of any
> application and should under all circumstances remain in its present
> zoning of agricultural.
>
> This Application should be dismissed as it was a hypothetical case
> when the application was filed.
>
> Stated bluntly, Attorney Patrick Groom has created a fictional application
> through his misuse of the legal doctrine of "agency". An agent acts
> on behalf of a principal. The principal is Bonanza. On behalf of
> Bonanza, Paul Park as an individual was appointed as an agent for
> Bonanza. Paul Park filed the Application as the agent for Bonanza.
> This is clearly stated in the Application.
>
> The Agenda for December 19, 2018 states: Bonanza Creek Energy
> Operating Company, LLC, do DCP
> Operating Company, LP. The "do DCP Operating Company, LP" is a
> complete misstatement. DCP Operating Company, LP has no legal right
> of any kind whatsoever in this
> Application.
>
> In this case, the owner of the property (Bonanza) asks in its
> Application that the zoning be changed from agriculture to industrial
> so that a pumping station for an interstate pipeline can be installed
> on the land.
>
> The owner of the property may appoint an "agent" to act on its behalf.
>
> In this Application, Bonanza filed papers naming four different individual
17
» »>
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people as its agents: Paul Park, Christine White, Lew Hagenlock, and
Patrick Groom. These are the agents who are named on the
Authorization Forms found at pp 2, 3, 4 & 5 of the Application.
Bonanza, however, did not appoint DCP Operating Company LP. as its agent.
The face of the Application states that if an agent is filing on
behalf of a company (such as Bonanza), there must be a document signed
under oath before a notary, that the person signing on behalf of
Notary has the authority to appoint an agent to act on behalf of the
company. For example, the wording of the Application form requires a
statement such as: "I as President of Bonanza do solemnly swear
before the undersigned Notary that I am authorized to appoint an agent
to act on behalf of Bonanza and do hereby appoint Paul Park to make
this Application on behalf of Bonanza."
> > > > > The Application in this case states in pertinent part as follows:
»»>
> > > > > "APPLICANT OR AUTHORIZED AGENT: (see below: Authorization must
> > > > > accompany all applications signed by Authorized Agents)
»»>
> > > > > Name: Paul Park
»»>
»»>
»»>
> > > > > "Signatures of all fee owners of property must sign this application.
> > > > > If an Authorized Agent signs, a letter of authorization from all fee
> > > > > owners must be included with the application. If a corporation is the
> > > > > fee owner, notarized evidence must be included indicating that the
> > > > > signatory has to (sic) legal authority to sign for the corporation.
»»>
> > > > > "Signature: Owner or Authorized Agent
»»>
> >>>> "Paul DPark"
»»>
> > > > > There is no "notarized evidence" from Bonanza Creek Operating Company
> > > > > LLC stating that Paul D. Park has the "legal authority to sign for the
> > > > > corporation.
»»>
> > > > > The only evidence submitted in support of appointing Paul Park as
> > > > > agent, is the Authorization Form.
> > > > > However, the Authorization Form for Paul Park, was not signed under
> > > > > oath before a notary and the person signing it as owner does not swear
> > > > > that he has the authority to appoint an agent for Bonanza.
»»>
> > > > > The Authorization form has an illegible handwritten signature
> > > > > possibly Maxwell Faith) with the
> > > > > printed handwriting "Attorney in Fact".
»»>
> > > > > In addition to the fact that the signature was not before a notary,
> > > > > the records of the Colorado Supreme Court of attorneys who are
> > > > > licensed in the State of Colorado, has no listing for an attorney
> > > > > by the name of Maxwell Faith. See
»»>
> > > > > https://urldefense.proofpoint.com/v2/url?u=http-
3A_coloradosupremecourt.com_Search_AttSearch.asp&d=DwI FaQ&c=A8J9jb3_ClsSlatombgkDA&r=ymel0
18
MiGv999gMR2uKPQmIMueLzFpzjsdP5OXag8_a8&m=Ghd2gpg40j 1 MnyQkJt-
8JIjw3UL8HrwPmp5zFaErkxE&s=_FIAF0s6aPQOc0n0xh5lKPk9Bklmxv7kNVazRInKL78&e=
»»>
> > > > > As an additional reason for dismissing the Application, no one
> > > > > appeared on behalf of Bonanza on the date of December 19, 2018 when
> > > > > the application was scheduled for final hearing before the
> > > > > Commissioners.
» »>
> > > > > At the hearing on December 19, 2018, Attorney Groom asked for a
> > > > > postponement of the hearing. He made this request as the Attorney for
> > > > > DCP Operating Company, LP. not on behalf of Bonanza.
» »>
> > > > > While AttorneyGroom could have stated that he appeared at the
> > > > > Planning Commission
> > > > > hearing on Dec 4, 2018 as an attorney for Bonanza and at the December
> > > > > 19, 2018 hearing, it is probable that he does not have a written fee
> > > > > agreement with Bonanza which would enable him to represent Bonanza
> > > > > under the rules governing attorneys. Regardless, he did not appear as
> > > > > attorney for Bonanza.
» »>
> > > > > Since no one on behalf of Bonanza said anything at the December 19,
> > > > > 2018 hearing, the application should have been dismissed at that time
> > > > > for failure of anyone to appear on behalf of the applicant.
»»>
> > > > > In addition, the Application should be dismissed because when the
> > > > > Application was filed, it presented merely a hypothetical situation.
»»>
> > > > > At the time that the application was filed:
> > > > > 1. DCP had no ownership interest in the property which would
> > > > > allow it to build a pumping station on the property;
> > > > > 2. There was no grant of authority from Bonanza to DCP to build a
> > > > > pumping station for Bonanza; and
> > > > > 3. Even if there would have been such a grant of authority for DCP to
> > > > > build a pumping station for Bonanza, Bonanza in not an interstate
> > > > > pipeline company and in not permitted under FERC to build and own a
> > > > > pumping station on an interstate pipeline. It is also probable that
> > > > > Bonanza has violated FERC regulations by even filing this application.
> > > > > Nevertheless, this is all hypothetical since it is clear that Bonanza
> > > > > does not contemplate building such a pumping station. This all a legal
> > > > > fiction created by Attorney Groom through his misuse and distortion of
> > > > > the doctrine of agency.
»»>
> >> > Bill Danks
»»>
» »>
> > > > > On Tue, Dec 11, 2018 at 12:26 PM William Danks <wcdanks@edanks.com>wrote:
>> >> >>
> > > > > > County Attorney Barker,
>> >> >>
> > > > > > Communications to and from DCP cannot be privileged. You cannot
> > > > > > possibly be the attorney for DCP so there is no attorney client
> > > > > > privilege. Please obey the law.
>> >> >>
> > > > > > "All emails and all other communications (paper or digital) from
> > > > > > January 1, 2014 to November 28, 2018 to and / or from DCP Midstream
> > > > > > (and any related companies or agents including their attorneys) which
19
> > > > > > are contained in The Office of the Weld County Attorney."
>> >> >>
> > > > > > Attorney Barker, you have a pattern of violating the Open Records Act.
> > > > > > See your refusal to supply documents in the fraudulent scheme to
> > > > > > transfer funds through United Way. See also your refusal to supply
> > > > > > documents in the Martin Marietta case.
>> >> >>
> >> >> Bill Danks
> > > > > > On Mon, Dec 10, 2018 at 5:10 PM Bruce Barker <bbarker@weldgov.com> wrote:
»»»>
»»»>Mr. Danks:
»»»>
> > > > > > > I received your check in the sum of $120 last Thursday.
»»»>
> > > > > > > The emails and other communications you request are privileged. The Board of County
Commissioners does not wish to waive the privilege. Privileged records are exempt from inspection pursuant
to CRS 24-72-204(3)(a)(IV). Therefore I will be sending your check back via U.S. Mail.
» »»>
> >> >> > Bruce T. Barker, Esq.
> > > > > > > Weld County Attorney
>>>>>>>P.O.Box 758
>>>>>>> 1150"O"Street
> > > > > > > Greeley, CO 80632
> > > > > > > (970) 356-4000, Ext. 4390
> > > > > > > Fax: (970) 352-0242
»»»>
»»»>
»»»>
> > > > > > > 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 attorney
privileged and 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.
» »»>
> >> >> > Original Message
> > > > > > > From: William Danks <wcdanks@edanks.com>
> > > > > > > Sent: Friday, November 30, 2018 8:44 AM
> > > > > > > To: Bruce Barker <bbarker@weldgov.com>
> > > > > > > Cc: PPark@dcpmidstream.com; Kim Ogle <kogle@weldgov.com>; Sean Conway
<sconway@weldgov.com>; Julie Cozad <jcozad@weldgov.com>; Mike Livengood
<mlivengood@weldgov.com>; Mike Freeman <mfreeman@weldgov.com>; Steve Moreno
<smoreno@weldgov.com>
> > > > > > > Subject: Re: contact info
» »»>
> > > > > > > Caution: This email originated from outside of Weld County Government. Do not click links or
open attachments unless you recognize the sender and know the content is safe.
» »»>
» »»>
» »»>Mr. Barker,
» »»>
> > > > > > > In order to have at least some of the documents before the hearing on Dec. 4, 2018, I am
amending my Open Records Act request to only records contained in your County Attorney Office. I am also
placing in the mail to you today a check for $120. Hopefully, the record search of your office can be completed
so that I can at least have your records by the time of the hearing. Thus, the changed portion of my Open
Records Request reads as follows:
20
»»»>
> > > > > > > "To: Custodian of Records: County Attorney Bruce Barker
>> >> >> >>
> > > > > > > > Weld County Government
»»»» 1150 O St.
> >> > > Greeley, CO 80631
>> >> >> >>
> > > > > > > > Dear County Attorney Bruce Barker
>> >> >> >>
> > > > > > > > Pursuant to the Colorado Open Records Act § 24-72-201 et seq., I
> > > > > > > > request that you make available for inspection and copying the
> > > > > > > > following public records:
>> >> >> >>
> > > > > > > > 1. All emails and all other communications (paper or digital) from January 1, 2014 to
November 28, 2018 to and / or from DCP Midstream (and any related companies or agents including their
attorneys) which are contained in The Office of the Weld County Attorney."
»»»>
> > > > > > > The remainder of the request reads the same.
»»»>
> > > > > > > Bill Danks
»»»>
»»»>
»»»>
> > > > > > > On Thu, Nov 29, 2018 at 8:43 AM Bruce Barker <bbarker@weldgov.com> wrote:
>> >> >> >>
»»»» Mr. Danks:
>> >> >> >>
> > > > > > > > I have forwarded your request to Ryan Rose, Director, Weld County Information Technology, to
collect the records you have requested. Ryan estimates doing this work will take him approximately 3 hours. I
will then need to review the records to determine if they are "public records," pursuant to CRS 24-72-202(6). If
they are "public records" according to that definition, I will then determine if they are subject to inspection in
accordance with CRS 24-72-203 and 24-72-204. I expect my review will take about 2 hours. All told, I
estimate the time Ryan and his staff and I will spend to comply with your request will be 5 hours. Pursuant to
CRS 24-72-205(6)(a), the first hour is free, but each hour spent thereafter is to be charged at $30 per hour.
Please see Item 6 in the attached Appendix 5-D from the Weld County Code which explains the fee schedule.
The total will be $120. That amount must be paid in advance of any further time being spent by Ryan and his
staff and by me. Payment should be made payable to "Weld County, Colorado."
>> >> >> >>
> > > > > > > > Please let me know if you have any questions.
>> >> >> >>
> > >> >> Bruce T. Barker, Esq.
> > > > > > > > Weld County Attorney
»»»» P.O. Box 758
>> >> >> » 1150 "O" Street
>> >> > > Greeley, CO 80632
> > > > > > > > (970) 356-4000, Ext. 4390
> >> >> » Fax: (970) 352-0242
>> >> >> >>
>> >> >> >>
>> >> >> >>
> > > > > > > > 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
attorney privileged and 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.
21
>> >> >> >>
> >> >> » Original Message
> > > > > > > > From: William Danks <wcdanks@edanks.com>
> > > > > > > > Sent: Wednesday, November 28, 2018 8:33 AM
> > > > > > > > To: PPark@dcpmidstream.com; Kim Ogle <kogle@weldgov.com>; Sean Conway
> > > > > > > > <sconway@weldgov.com>; Bruce Barker <bbarker@weldgov.com>; Julie Cozad
> > > > > > > > <jcozad@weldgov.com>; Mike Livengood <mlivengood@weldgov.com>; Mike
> > > > > > > > Freeman <mfreeman@weldgov.com>; Steve Moreno <smoreno@weldgov.com>
> > > > > > > > Subject: Re: contact info
>> >> >> >>
> > > > > > > > Caution: This email originated from outside of Weld County Government. Do not click links or
open attachments unless you recognize the sender and know the content is safe.
>> >> >> >>
>> >> >> >>
> > > > > > > > To: Custodian of Records: County Attorney Bruce Barker, Weld County
> > > > > > > > Commissioners, Weld County Planner Kim Ogle
»»»»>
> > > > > > > > > Weld County Government
»»»»> 1150OSt.
> > > > > Greeley, CO 80631
»»»»>
> > > > > > > > > Dear County Attorney Bruce Barker, Weld County Commissioners, Weld
> > > > > > > > > County Planner Kim Ogle
»»»»>
> > > > > > > > > Pursuant to the Colorado Open Records Act § 24-72-201 et seq., I
> > > > > > > > > request that you make available for inspection and copying the
> > > > > > > > > following public records:
» »»»>
> > > > > > > > > 1. All emails and all other communications (paper or digital) from January 1, 2014 to
November 28, 2018 to and from DCP Midstream (and any related companies or agents including their
attorneys and agents) and
> > > > > > > > a. The Office of the Weld County Attorney b. Any of the Weld County
> > > > > > > > Commissioners c. The Weld County Planning Department
» »»»>
» »»»>. >
> > > > > > > > > If you are not the custodian of records for this request, please
> > > > > > > > >forward this letter to the appropriate person or let me know which
> > > > > > > > > person(s) has custody of these records. I request a waiver of all
> > > > > > > > >fees for searching or copying these records in that the disclosure of
> > > > > > > > >the requested information is in the public interest and will
> > > > > > > > >contribute significantly to the public's understanding.
> > > > > > > > > This information is not being sought for commercial purposes. If
> > > > > > > > >there are any fees for searching or copying these records, please
> > > > > > > > >inform me if the cost will exceed $30.
> > > > > > > > > Please set a date and hour, within three working days following
> > > > > > > > >receipt of this letter, at which time the records will be made
> > > > > > > > >available for inspection, as required by § 24-72-203(2), C.R.S. If
> > > > > > > > >access to these records will take longer, please cite the extenuating
> > > > > > > > >circumstances and let me know when I should expect copies or the
> > > > > > > > >ability to inspect the requested records.
> > > > > > > > > I ask that records available in electronic format be transmitted by
> > > > > > > > >email to wcdanks@edanks.com.
> > > > > > > > > If you deny any portion, or all, of this request, please provide me
> > > > > > > > >with a written explanation of the reason(s) for your denial,
> > > > > > > > >including a citation to each specific statutory exemption you feel
> > > > > > > > >justifies the refusal to release the information and notify me of the
22
> > > > > > > > >appeal procedures available to me under the law. If you conclude that
> > > > > > > > >portions of the records that I request are exempt from disclosure,
> > > > > > > > >please release the remainder of such records for inspection and
> > > > > > > > >copying, redacting only the portion or portions that you claim are
> > > > > > > > >exempt. Thank you for considering my request.
»»»»>
> > > > > > > > > Sincerely, William C. Danks
> >> >> >> > (970) 395-0495]
> > > > > > > > > wcdanks@edanks.com]
> > > > > > > > On Sat, Nov 24, 2018 at 4:47 PM William Danks <wcdanks@edanks.com>wrote:
»»»»>
»»»»>Paul,
»»»»>
> > > > > > > > > I have not heard from you since our telephone conversation on Nov.
»»»»> 12
> > > > > > > > > - "Great talking to you. Look forward to talking to you again."
»»»»>
> > > > > > > > > We are rapidly approaching the Dec 4 hearing date. There is a lot
> > > > > > > > > of information which I need from you in order to be prepared for the
> >> >> > > hearing.
»»»»>
> > > > > > > > > In this case, I see two major issues:
> > > > > > > > > 1. Should DCP (in conjunction with all of the oil drilling
> > > > > > > > > companies) have filed an application to essentially make a new
> > > > > > > > > zoning map for Weld County instead of using the site by site re -zoning approach?
> > > > > > > > > 2. Assuming that this application is not dismissed for failure to
> > > > > > > > > file for a comprehensive re -zoning for the entire project, what are
> > > > > > > > > the defects in the present application.
»»»»>
> > > > > > > > > In this email, I will outline issue 1 above.
»»»»>
> > > > > > > > > From the information on the web page for DPS Midstream, it is clear
> > > > > > > > > that at least by late 2014, DCP had a master plan for the Grand
> > > > > > > > > Parkway including and surrounding Greeley. The Grand Parkway is a
> > > > > > > > > 62 mile pipeline around Greeley to transport all of the natural gas
> > > > > > > > > which would be produced by all of the wells drilled within and
> > > > > > > > > outside of the circle. This project required DCP to learn from each
> > > > > > > > > of the drilling companies where they planned to drill their wells
> > > > > > > > > and the expected out -put of natural gas from each of the wells. It
> > > > > > > > > further required co-ordination with the company (NGL) which would
> > > > > > > > > dispose of the "produced fluid" in injection wells and the tanker
> > > > > > > > > trucks to carry this "produced fluid" to the injection wells from
> > > > > > > > > the well sites. It further required co-ordination with suppliers of
> > > > > > > > > water to be used in the drilling and sites for the disposal of the
> > > > > > > > > "drilling mud." If further required co-ordination for the massive
> > >> >> > impact on the public roads.
»»»»>
> > > > > > > > > Thus, please provide all of the information which DPS obtained from
> > > > > > > > > all of the drilling companies etc. which was used by DCP in
> > > > > > > > > preparing this massive project and the actual plans of DCP for the project.
> > > > > > > > > Please also provide all communications with all of the governmental
> > > > > > > > > entities within the area of the Grand Parkway, e.g. the City of
> > > > > > > > > Greeley and all of the other municipalities and Weld County
> > > > > > > > > Government. Also, please also provide all communications with the
> > > > > > > > > regulatory agencies of the State of Colorado concerning this massive
»»»»>project.
23
» »»»>
> > > > > > > > > Please also provide the names and case numbers of all of the
> > > > > > > > > applications filed by DCP Midstream for Special Use Permits. Sec.
> > > > > > > > > 23-2-200. -Uses by Special Review
» »»»>
> > > > > > > > > Please also provide names and case numbers of all of the TWOGLA
> > > > > > > > > (WELD OIL & GAS LOCATION ASSESSMENT) applications. These well
> > > > > > > > > drilling sites are also clearly industrial uses. These drilling
> > > > > > > > > sites are now containing over twenty (20) tanks and other equipment
> > > > > > > > > which is far different than the one tank and one separator needed
> > > > > > > > > for the old horizontal wells which had four wells on 160 acres.
» »»»>
> > > > > > > > > The Grand Parkway including all of the wells, processing plants etc.
> > > > > > > > > are clearly industrial uses. The existing Weld County Zoning Map
> > > > > > > > > does have certain land in Weld County designated for industrial use.
> > > > > > > > > However, the vast majority of this massive project is in areas which
> > > > > > > > > are zoned agricultural, with a lesser amount in areas zoned
> > > > > > > > > commercial or residential. Instead of the some 100+ applications for
> > > > > > > > > Special Use and TWOGLA (WELD OIL & GAS LOCATION ASSESSMENT) , a new
> > > > > > > > > or vastly amended zoning plan for Weld County should have been made
> > > > > > > > > and this application should be denied for failing to conform to the
> > > > > > > > > master zoning plan..
»»»»>
> > > > > > > > > The arguments made by the Ireland Stapleton law firm in their
> > > > > > > > > Opening Brief in the Martin Marietta case are incorporated by
> > > > > > > > > reference. A copy of the brief is found at
»»»»>
> > > > > > > > > https://urldefense.proofpoint.com/v2/url?u=http-3A_clr-2D34.org_mar
»»»»>ti
> > > > > > > > > n-2Dmarietta-2Dhwy34-2Dproject_appeal-2Dto-2Dthe-2Dco-2Dcourt-2Dof-2
»»»»>Da
> > > > > > > > > ppeals_&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=ymel0MiGv999gMR2uKPQmIMu
»»»»>eL
> > > > > > > > zFpzjsdP5OXag8_a8&m=Y92g1 KHQAZ7LHwNtVFfQgRHMghw7wiiD5KIWcsOYwoE&s=iA
> > > > > > > > > of AHUZ9rKupRGEZdOyE4FjPbjEbWiPgT5vINLgNok&e=
»»»»>
> > > > > > > > > The use of all of the special exceptions constitute a violation of
> > > > > > > > > the State, County and municipal laws on zoning. They further violate
> > > > > > > > > the US. Constitution and Colorado clauses on equal protection and
> > > > > > > > > due process. They further violate the US Constitution and State
> > > > > > > > > Constitution on taking of private property --- land owners under
> > > > > > > > > threat of condemnation have sold easements in connection with this
> > > > > > > > > massive project without knowing the full impact of the entire
> > >> >> > project on their property.
»»»»>
»»»»>
»»»»> Bill Danks
»»»»>
> > > > > > > > > On Fri, Nov 16, 2018 at 1:58 PM William Danks <wcdanks@edanks.com> wrote:
>> >> >> >> >>
» »»»» Re: USR18-0099
>> >> >> >> >>
> > > > > > > > > > Paul, it was also great talking to you.
>> >> >> >> >>
> > > > > > > > > > Since we talked last Monday, I have probably spent 15-20 hours
> > > > > > > > > > reading all of the news releases, investor articles and other
24
> > > > > > > > > > information on the DCP Midstream web page. The web page is an excellent resource.
>> >> >> >> >>
> > > > > > > > > > Also, I have probably spent another 15- 20 hours on the excellent
> > > > > > > > > > Greeley County Government web page studying the county zoning
> > > > > > > > > > code, the Bonanza Creek (DCP) application (USR18-0099), the state
> > > > > > > > > > statutes on zoning, the Court of Appeal briefs in the Martin Marietta case etc.
>> >> >> >> >>
> > > > > > > > > > When I talked with you last Monday, I did not realize the size of
> > > > > > > > > > the whole project - 62 mile pipeline loop around Greeley nor where
> > > > > > > > > > the name Grand Parkway came from. Quoting from the news release of
>> >> >> > > American Steel Pipe at
>> >> >> >> >>
> > > > > > > > > > https://urldefense.proofpoint.com/v2/url?u=https-3A_news.american
> > > > > > > > > > -2
> > > > > > > > > > Dusa.com_2018_01_23_coloradograndparkway_&d=DwIFaQ&c=A8J9jb3_CIsSI
»»»»» at
> > > > > > > > > > ombqkDA&r=ymel0MiGv999gMR2uKPQmIMueLzFpzjsdP5OXag8_a8&m=Y92g1 KHQAZ
»»»»» 7L
> > > > > > > > > > HwNtVFfQgRHMghw7wiiD5KIWcs0YwoE&s=JRcUgKJkbDfTA-fjObRsouBkZxWbIc1A
»»»»» Nh
> >> > > » _5w-IzXnY&e=
>> >> >> >> >>
> > > > > > > > > > "The Grand Parkway in Houston, Texas, is a large freeway loop
> > > > > > > > > > surrounding the city and encompassing six different counties. This
> > > > > > > > > > large construction project that connects the country's largest
> > > > > > > > > > geographical metroplex is also the inspiration for DCP Midstream's
> > > > > > > > > > new 62 -mile steel pipeline in Greeley, Colorado.
>> >> >> >> >>
> > > > > > > > > > "AMERICAN Steel Pipe is being used in the DCP Grand Parkway
> > > > > > > > > > system, which is aimed at relieving traffic and efficiently moving
> > > > > > > > > > unprocessed gas in its existing gathering system.
>> >> >> >> >>
> > > > > > > > > > "Just as Houston's Grand Parkway is intended to relieve traffic,
> > > > > > > > > > DCP's Grand Parkway system is aimed at relieving traffic and
> > > > > > > > > > efficiently moving unprocessed gas in its existing gathering system.
>> >> >> >> >>
> > > > > > > > > > "Grand Parkway gives us options and variability in minimizing
> > > > > > > > > > impacts during down service time," said DCP Midstream Senior
> > > > > > > > > > Project Manager Steve Nelson. "It improves our system reliability
> > > > > > > > > > and aids in keeping field pressures consistent across our gathering system."
>> >> >> >> >>
> > > > > > > > > > Essentially the project encompasses a circle for the development
> > > > > > > > > > of gas wells with the City of Greeley at the center of the circle.
> > > > > > > > > > I found the map provided by DCP at the following link to be very
> > > > > > > > > > helpful in understanding this expenditure by DCP of $395 million -
> > > > > > > > > > a figure that does not even begin to cover the cost of all the
> >> >> > » wells drilled within the circle.
>> >> >> >> >>
> > > > > > > > > > https://urldefense.proofpoint.com/v2/url?u=https-3A_www.dcpmidstr
»»»»»ea
> > > > > > > > > > m.com_dcpmidstream_media_DCP_Pdfs_Mewbourn3-5FFact-5FSheet-5FFinal
»»»»».p
> > > > > > > > > > df&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=ymel0MiGv999gMR2uKPQmIMueLz
»»»»» Fp
> > > > > > > > > > zjsdP5OXag8_a8&m=Y92g1KHQAZ7LHwNtVFfQgRHMghw7wiiD5KIWcsOYwoE&s=VIO
> > > > > > > > > > 3y pzgUxFaMSdD0S1 NAac1 LfWk4dc8Z7P6gxd9T4o&e=
25
» »»>
» »»>
» »»>
» »»>
"Mewbourn 3 is a cryogenic natural gas processing plant in the DJ
Basin. Mewbourn 3 will be DCP's tenth plant in the basin. Located
at the existing site of DCP's Mewbourn Gas Plant, Mewbourn 3 will
foster the development of oil and gas resources in Weld County by
expanding and enhancing natural gas gathering and processing
services in the area. The Mewbourn 3 project also includes the
next phase of the Grand Parkway low pressure gathering and
associated compression asset, which is also expected to be
completed by the end of 2018. The Mewbourn 3 plant will connect to
the Front Range Pipeline, one-third owned by DCP Midstream, for
NGL takeaway to Mont Belvieu, Texas. Total capital investment for
the plant and associated gathering is expected to be up to $395 million."
> > > > > > > > > > My wife and I watched the 2 minute video of "Midstream 101" five
> > > > > > > > > > or six times at https://urldefense.proofpoint.com/v2/url?u=http-
3A_www.dcpmidstream.com_company_midstream-
2D101&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=ymel0MiGv999gMR2uKPQmIMueLzFpzjsdP5OXag8_a8
&m=Y92g1 KHQAZ7LHwNtVFfQgRHMghw7wiiD5KIWcs0YwoE&s=fmzCm50r20l7HNLNRFDKugdp72oH3eNF
c8iexmOC000&e=.
>> >> >> >>
> > > > > > It was very helpful overview. For one thing, I had not understood
> > > > > > the significance of "Midstream" in the company name "DCP Midstream".
> > > > > > The video provides a very good explanation of the integrated
> > > > > > system of the "Upstream" wells which are drilled by the various
> > > > > > well drilling companies, e.g. PDC Energy, Noble, etc and the
> > > > > > crucial role played by the "Midstream" pipeline gathering system and processing plants.
>> >> >>
> > > > > > In your email, you said that you look forward to talking with me
> > > > > > again. I look forward to it as well.
>> >> >>
> > > > > > Will next Monday at 4 p.m. work for you for another 1 hour+
> > > > > > telephone discussion? I am sending a copy of this email to County
> > > > > > Planner Kim Ogle to let him know that we are discussing these issues.
>> >> >>
> >> » Bill Danks
> > > > > > On Mon, Nov 12, 2018 at 5:29 PM Park, Paul D <PPark@dcpmidstream.com>wrote:
»»»>
»»»>Bill
»»»>
»»»>
»»»>
> > > > > > > Great talking to you.
»»»>
>> >> >>
>> >> >>
»»»>
»»»>
> > » > Thanks,
»»»>
»»» > Paul
»»»>
>> >>
>> >>
> > > > DCP Operating Company LP
>> >>
> Look forward to talking to you again.
26
» »»>
» »»>
» »»>
» »»>
» »»>
>
>
>
>
>
Paul D Park
Senior Regulatory Analyst
Office 970 378 6372
Mobile 970 539 1908
Email ppark@dcpmidstream.com
27
Selena Baltierra
From:
Sent:
To:
Cc:
Subject:
Kim Ogle
Thursday, January 31, 2019 2:48 PM
Selena Baltierra; Jessica Reid
Esther Gesick; Isabella Juanicorena; Chloe Rempel
FW: Weld Commissioners + Spot Zoning + National News
Please add to the USR18-0099 Case File
Thank you.
Kim
Original Message
From: William Danks <wcdanks@edanks.com>
Sent: Thursday, January 31, 2019 1:47 PM
To: Bruce Barker <bbarker@weldgov.com>; Park, Paul D <PPark@dcpmidstream.com>; Kim Ogle
< kogle@weldgov.com>; Sean Conway <sconway@weldgov.com>; Bruce Barker <bbarker@weldgov.com>;
Julie Cozad <jcozad@weldgov.com>; Mike Livengood <mlivengood@weldgov.com>; Mike Freeman
< mfreeman@weldgov.com>; Steve Moreno <smoreno@weldgov.com>; edmillage@comcast.net;
tsilvy@greeleytribune.com; uwwc@unitedway-weld.org; info@unitedwaydenver.org;
info@unitedwayfoothills.org; Weld District Attorney <weldda@co.weld.co.us>; Barney Hammond
< Barney.Hammond@pdce.com>; Andrew Fiske <Andrew.Fiske@pdce.com>; mlacis@irelandstapleton.com;
jsilvestro@irelandstapleton.com; Barbara Kirkmeyer <bkirkmeyer@weldgov.com>; Scott James
< me@scottkjames.com>; Scott James <sjames@weldgov.com>; Patrick Groom <PGroom@wobjlaw.com>;
Amy Ritt <amyritt@aol.com>; testep@law.du.edu
Subject: RE: Weld Commissioners + Spot Zoning + National News
Caution: This email originated from outside of Weld County Government. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
To: DCP Midstream Attorney Groom, Paul Park as agent for Bonanza,
County Attorney Bruce Barker, Weld County Commissioners, PDC Energy
Attorney Fiske:
At the hearing on January 23, 2019, DCP Attorney Groom asked for a two
month postponement of Application USR 18-0099. He stated two reasons
for the postponement: to have time to answer concerns of the nearby
residents and to explore other possible locations for the industrial
site.
DCP Midstream is searching for another location to place this
"compression station." This compression station is just one small part
of DCP's 62 mile Grand Parkway project which makes a loop around the
City of Greeley. The Grand Parkway pipeline enables the drilling
companies connected to the loop to have a place to send their oil and
gas. It is a massive project to drill oil wells and all of the
supporting infrastructure for the oil wells in and around Greeley.
Once the new location for this particular compression station is
identified, DCP Attorney Groom, who has prepared Spot Zoning
Applications for other spots in the massive Grand Parkway project,
will go on to prepare the next Spot Zoning Application. Scores of
applications have been filed in the industrial project called the
1
Grand Parkway Each individual site in the massive project has its
own unique name and its own unique application number with the Weld
County Commissioners Nevertheless, each application has an
underground connection to the others, both physically via a buried
network of pipes invisible to the average citizen and governmentally
by a buried network of communication between oil -related companies and
the Weld County Commissioners, a communication which is impregnable to
the Open Records Act
Meanwhile, another Spot Zoning project approved by the Weld County
Commissioners (one involving the drilling of oil wells which in all
probability connect to the Grand Parkway pipeline), is making national
news in the New York Times and the Daily Show See the attached link
and play the segment of the Daily Show
https //urldefense proofpoint com/v2/url'?u=https-3A_www greeleytribune com_news_greeleys-2Dbella-
2Dromero-2Dfracking-2Dfig ht-2Dfeatured-2Don-2Dthe-2Ddaily-2Dshow= 3Futm-5Fsource-3Dboomtrain-
26utm-5Fmedium-3Dnewsletter-26utm-5Fcampaign-3Dgt-2Ddaily-2Dupdate-26bt-5Fee-
3Dlw2cwVXelGdwid1 I98SUwlI FgiP1 abbtOJdxy_AkHxk-3D-26bt-5Fts-3D1548853294565-26utm-5Fsource-
3Dboomtrain-26utm-5Fmedium-3Dnewsletter-26utm-5Fcampaign-3Dgt-2Ddaily-2Dupdate-26bt-5Fee-
3DgCHL0uT4CNSDQ9tjcBO7viRLkN6jnj27gGe0Pk3yMOE-253D-26bt-5Fts-
3D1548853294558&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=y1 xwAFik4NylzLWMIPpNxRidKiUTKHSFsiH
2b_Lhi6w&m=0SUh_pAWNvnxUp9ixKN8xWY1 PA8xPeGEobu-jwPBeOo&s=EY1 pgaQzxK7d_tQ9kX-
QuVIgNK6vbRzAFbG0P2rJIHc&e=
Besides the need to explore other locations, the other reason DCP
Attorney Groom gave for the postponement of the hearing, was to
address the neighbor concerns which have been brought forth about in
this Spot Zoning Application USR18-0099
In this email, I summarize most of the concerns which I have raised in
a series of emails beginning September 14, 2018 Essentially, over
the past four months of expressing these concerns, I have received no
response to these emails from DCP Attorney Groom or from anyone else
I would welcome a written response from DCP Attorney Groom, from Weld
County Attorney Barker and from PDC Energy Attorney Fiske
However, I do not expect any response DCP Attorney Groom knows that
the Application which he prepared in USR18-0099 was fatally defective
at the time that the application was filed Furthermore, Weld County
Attorney Barker, Commissioner Kirkmeyer, I, and others also know that
the application was fatally defective at the time it was filed At the
time that the application was filed, DCP Midstream had no legal
interest in this application
Nevertheless, here is my summary with a concluding section on litigation
1 September 14, 2018 email from me to PDC Energy Landman B Hammond
(Exhibit 22 )
This email raised the concern of the huge industrial sites arising
from the new horizontal fracking wells, the lack of landscaping at
these industrial sites, and the drastic impact of a "Commerce City" in
2
this historical irrigated farming community It states
"Thank you for the visit and tour of the surrounding area to view the
various projects of PDCE and the proposed project for the Foos
Property which is across CR 61 from our property How are you
coming on getting an estimate of what it would cost to place a 20-30
foot high cinder block wall with trees on the County Road 61 side of
the PDCE project?"
In the drive -around visit mentioned in the email, Mr Hammond and I
began at the "Spanish Colony" and headed toward the site for the USR
18-0099 Application We viewed the PDC Energy industrial sites, each
one containing 20 to 30 large tanks and other equipment These
industrial sites are turning a rural area that, a mere two decades
ago, still resembled the beautiful irrigated farmland described in
Michener's Centennial into an area that resembles Commerce City None
of these PDC Energy industrial sites have any landscaping
We also viewed the proposed site on the Foos -property Mr Hammond
told me that he would attempt to get estimates for landscaping based
upon the type of landscaping which PDCE has done at some other
locations During this visit, Mr Hammond failed to tell me about two
other PDCE proposed projects which are within 2 miles from the USR
18-0099 proposed industrial site and from our farm house Despite
several more requests, PDC Energy has never responded with any
information on landscaping
2 October 24, 2018 email from me to County Attorney Barker with copy
to PDC Energy Attorney Fiske and others (Exhibit 22) "Subject PDC
Energy / Spot Zoning / S E of `Spanish Colony'
This email raised the concern of spot zoning for industrial uses in
agricultural zones It also raised the concern of ex parte
communications with Weld County Commissioners when they sit as
"administrative law judges" in deciding whether to grant an exception
to the agricultural zone for an industrial use
"I just finished re -reading the excellent brief filed in the Colorado
Court of Appeals by Ireland Stapleton Attorneys' Mark Lacis and James
Silvestro in the Martin Marietta case
I have asked PDC Energy Attorney Fiske to read that brief, the brief
filed by Brownstein Hyatt on behalf of Martin Marietta and give me a
written explanation of why PDC Energy & Weld County have not violated
the law on spot zoning
"Mr Barker, in addition to their excellent argument on spot zoning,
the Ireland Stapleton Attorneys briefed your illegal ex parte
communications with the attorneys for Martin Marietta I would like to
get a copy of these illegal communications and therefore am making the
following Open Records Request "
In his reply email on October 26, 2018, Attorney Barker denied my Open
Records Request (Exhibit 22) At no time has Attorney Barker or
Attorney Fiske responded in any manner as to why Weld County is not
violating the law on Spot Zoning Atty Groom, could you address the
issue of "spot zoning"?
3
3 October 31, 2018 email from me to Weld County Attorney Barker and
others re "United Way Transfer / Bruce Barker" (Exhibit 23)
This email raises concerns about the gifts and other transfers of
money to or for the benefit of Weld County Commissioners The email
also raises concerns about the legality of the advice of Weld County
Attorney Barker, in particular his apparent advice that money should
be transferred through United Way
The following is a quotation from the Greeley Tribune article which
quotes a text message from Commissioner Conway
"I did not think the solicitations were right, that is why I
raised the issue with the county attorney at the time and he agreed
with me," Conway said via text message
That's why Weld County decided to pass the donations through the
United Way of Weld County
https //urldefense proofpoint com/v2/url'u=https-3A_www greeleytnbune com_news_documents-2Dweld-
2Dcommissioner-2Dsolicited-2Dbusiness-2Dcontnbutions-2Dfor-2Dbreckenndge-
2Dtnp_&d=Dwl FaQ&c=A8J9jb3_ClsSlatombgkDA&r=y1 xwAFik4NyIzLWMIPpNxRidKiUTKHSFsiH2b_Lhi6w&
m=0SUh_pAWNvnxUp9ixKN8xWY1 PA8xPeGEobu-
jwPBeOo&s=YcCRQNrUj70iLbfTZgxW9lesjPg3uUe6Ds5hficDlVl &e=
In the Oct 31 email, I quoted from the two emails concerning the
transfer of $1500 by PDC Energy through United Way
The email from Susan Fakharzdeh of PDC Energy stated "How would you
like us to handle the contribution, i e to whom should we address the
funds?"
After PDC Energy sent the money to United Way, Alyson Rome of United
Way informed Weld County Government of certain transfers which United
Way had received in connection with this scheme The United Way email
stated
"Below is a record of payments through 10-19 - 2016 PDC Energy
$1500 received "
PDC Energy knew that its money was being laundered through United Way
I would like to know of all other transfers of money by PDC Energy to
or for the benefit of Weld County Commissioners
In my email, I made an Open Records request to Attorney Barker for "
4 All documents in the Office of the Weld County Attorney which
concern the use of Untied Way as a transfer conduit for the funds
described in the Greeley Tribune Article or in any other transfer of
funds from a third party thru United Way as a conduit to Weld County "
Attorney Barker refused to provide these documents My response to
Attorney Barker is in the email dated November 8, 2018 which is found
in Exhibit 22 It states, inter alia
" County Attorney Barker, did Weld County decide to transfer the money
through United Way based on discussions with you'? Is there any
4
non -fraudulent reason for running the money through United Way?
"Attorney- client discussions concerning how to commit a fraud scheme
can not be kept secret by asserting "attorney -client privilege"
United States v Zolin, 491 U S 554 (1989) In re 2015-2016 Jefferson
County Grand Jury, 410 P 3d 53 (Colo 2018) See also Colorado Rules
of Professional Conduct Rule 1 13 "
I have received no response from PDC Energy, nor any further response
from Attorney Barker "
4 November 12, 2018 email from DCP Midstream employee Paul Park to
me Mr Park sent the email to me immediately following our telephone
conversation The email stated "Bill Great talking to you Look
forward to talking to you again Paul "
That telephone call, while very cordial at the time, raises serious
concerns about the lack of full disclosure by public relations people
of DCP while they are talking with residents about proposed projects
Mr Groom, have you or others in DCP instructed any of the DCP public
relations people to conceal information from the neighbors?
During the telephone call, Mr Park never mentioned anything to me
about the "Grand Parkway" or anything about a 62 mile pipeline
project When I asked where the pipe for the proposed "compression
station" was coming from and where it was going to, he said he thought
they were coming from a few miles to the east and was uncertain where
exactly the pipe was going to
I further understood him to say that all of the machinery would be
within a building which would have no windows and would be completely
sound proof It would be completely dark at night unless a small
light was remotely turned on at the entrance if an emergency arose at
night requiring a PDC employee to come to the building
5 November 16, 2018 email from me to Paul Park This email
concerns my research in learning the size of the Grand Parkway
I described what I had learned and in a follow up of his November 12
email which had stated that he looked forward to talking with me
further, I suggested a time for our next telephone conversation Mr
Park never responded
My concern is with why Mr Park would not reveal to me the size of the
whole Grand Parkway, which is a 62 mile pipeline with processing
plants etc My concern is also with why the 62 mile Grand Parkway,
of which the compression station is only one small piece, was never
discussed at the previous summer's meeting with neighbors at the hotel
in Kersey I would like to know what orders DCP Midstream management
and attorneys gave to their public relations people before sending
them to speak with residents
6 November 24, 2018 email from me to Paul Park
In the email, I wrote
"Paul, I have not heard from you since our telephone conversation on
Nov 12 'Great talking to you Look Forward to talking to you
again " We are rapidly approaching the Dec 4 hearing date There is a
lot of information which I need from you in order to be prepared for
the hearing
"In this case, I see two major issues
"1 Should DCP (in conjunction with all of the oil drilling companies)
have filed an application to essentially make a new zoning map for
Weld County instead of using the site by site re -zoning approach'?
"2 Assuming that this application is not dismissed for failure to
file for a comprehensive re -zoning for the entire project, what are
the defects in the present application
"In this email, I will outline issue 1 above "
I then proceeded to outline Issue 1 I listed the information which I
needed on this issue I received absolutely no response
DCP Attorney Groom, if you are truly concerned about addressing the
concerns of those protesting, provide the information which I
requested in this email dated November 24, 2018
7 November 28, 2018 email from me to Paul Park found as the first
email in Exhibit 17
After having discussed Issue 1 in the November 24, 2019email, I
proceeded to discuss Issue 2 in this November 28 email Issue 2
concerns some of the defects in Application USR 18-0099
DCP Attorney Groom, I would like for you respond in detail to the each
of the six different defects which I listed in this email
On Defect 4 I would like for you to discuss the additional argument
of why the southern tract of the two -tract application should not be
stricken from the application since the entire proposed project will
be on the northern tract Each tract is about 70 acres Please tell
us whether DCP is planning a further expansion and why the northern
lot is not more than sufficient for the industrial project proposed in
Application USR 18-00992
On Defect 6, please confirm my understanding based upon my earlier
telephone conversation with Paul Park that
"(a) all of the equipment for the pumping station will be inside of
a building (b) the building will be sound proofed with no windows or
sun lights (c) all of the lighting will be inside of the buildings so
that the site will be completely dark at night "
If all equipment is not going to be inside of a building, please
answer the following
(a) What equipment will be outside of a building'?
(b) What exactly are the problems which make it preferable to DCP to
6
have some of the equipment outside of a building?
(c) Was DCP's original plan to run all equipment on electricity
inside of a budding?
(d) Is the problem that DCP has found that Excel Energy cannot supply
sufficient electricity to run the equipment'?
(e) Is there a cost saving to change from electricity to fossil fuel?
(f) I see that you have one solar panel on the property already — is
solar energy a possibility?
8 November 30, 2018 email from me to County Attorney Barker
In this email, I narrowed my Open Records request in an effort to
obtain documents which I needed for the December 4 Planning Department
hearing I narrowed the request to County Attorney Barker and
requested
"All emails and all other communications (paper or digital) from
January 1, 2014 to November 28, 2018 to and / or from DCP Midstream
(and any related companies or agents including their attorneys ) which
are contained in The Office of the Weld County Attorney "
I am concerned that it is impossible for me to obtain either from DCP
or from the County the information which I need
After County Attorney Barker denied my Open Records Requests on the
grounds of "privilege", I wrote an email to him on December 11,
stating
"County Attorney Barker, Communications to and from DCP cannot be
privileged You cannot possibly be the attorney for DCP so there is no
attorney client privilege Please obey the law "
Attorney Groom, as attorney for DCP, if there is nothing to hide, why
don't you furnish communications between DCP and Weld County? What
discussions have you had with Attorney Barker regarding this discovery
request? What discussions have you had with Attorney Barker and / or
any of the County Commissioners re Application USR 18-0099?
9 December 11, 2018 email from me to "DCP Representative Paul Park,
Weld County Commissioners and County Attorney Barker "
The salutation of my email should have been to "Bonanza Representative
Paul Park" Mr Groom, at the time of this December 11, 2018 email, I
was still under the misrepresentation that DCP had some sort of
standing to represent the applicant, Bonanza It was not until I
again studied the Application that I realized that DCP Midstream was
not an "agent" for Bonanza and that you, as attorney for DCP, were
deceptively representing yourself as speaking for the applicant,
Bonanza Application USR 18-0099 is not the Application of DCP It is
the Application of Bonanza DCP had absolutely no ownership right in
the property at the time of the application How did you convince
Planner Kim Ogle to approve the filing of this bogus application when
the application clearly violates the "Guidelines" for filing an USR
application'?
DCP Attorney Groom, this is a major concern of mine What do you say'?
In this email, I "objected to any and all of the Weld County
Commissioners acting as the judicial decision makers in deciding
whether or not to approve the DCP (sic, should be "Bonanza")
Application "
Attorney Groom, please answer my concerns that the Commissioners are
prevented by Article III of the State Constitution from acting in a
judicial capacity to decide whether an exception should be made for
Bonanza to change the zoning of these two approximately 70 -acre tracts
from agricultural to industrial
Please also answer my additional concern that the executive and
legislative roles of the Commissioners create a common law conflict of
interest which prevents them from acting as judges on Application USR
18-0099 Please also address my concern that all attorneys in the
Office of the Weld County Attorney (especially Attorney Barker) have a
conflict of interest when they advise the Commissioners on the issue
of whether the Commissioners may act as judges
10 December 22, 2018 email from me to Weld County Commissioners
"Motion to Dismiss Application USR 18-0099 "
In support of the motion, I stated inter alia
"The application is merely a hypothetical case Bonanza is not
authorized to build an interstate pipeline or a pumping station in
connection with that pipeline
"DCP has no ownership interest in this property
"Attorney Groom has created a fictional application through his misuse
of the legal doctrine of `agency'
"The Agenda for December 19, 2018 states `Bonanza Creek Energy
Operating Company, LLC c/o DCP Operating Company The `c/o DCP
Operating Company LP' is a complete misstatement DCP Operating
Company has no legal right of any kind whatsoever in this Application
"Bonanza, however, did not appoint DCP Operating Company LP as its agent
"As an additional reason for dismissing the Application, no one
appeared on behalf of Bonanza on the date of December 19, 2018 when
the application was scheduled for final hearing before the
Commissioners
"At the hearing on December 19, 2018, Attorney Groom asked for a
postponement of the hearing He made this request as the Attorney for
DCP Operating Company, LP, not on behalf of Bonanza "
DCP Attorney Groom, why did you deliberately make this error again on
January 23, 2019' Why did Commissioner Kirkmeyer allow you to get away
with this error when she had specifically asked for clarification on
December 19 and such clarification was then given in this email? DCP
Attorney Groom, please state all communications between you and
Commissioner Kirkmeyer on application USR 18-0099
11 December 27, 2018 email from me to Paul Park as agent for
Bonanza, Weld County Commissioners and Weld County Attorney Barker
In this email, I made the following Motion
"Motion to Disqualify County Commissioners, Moreno, Conway, Cozad,
Freeman, Kirkmeyer and County Attorney Barker from participating in
the Commission hearing on Bonanza Application USR 18-0099 "
In this email, I stated inter alia
"The appearance if not the actual fact of the postponement is as
follows Attorney Groom concluded sometime before December 19
that Commissioner Cozad would vote against the Bonanza application on
December 19 and the application would thereby be denied Attorney
Groom further concluded sometime before December 19 that at the
Commission hearing on December 26, three Commissioners, (Kirkmeyer,
Freeman and Moreno) would vote for the Bonanza application and it
would be approved
"Based on the appearance if not the actual fact of serious concerns
about the integrity of any decision by the present Commissioners, I
request that all of the facts concerning the postponement and any
communications between Attorney Groom and any Weld County official or
employee concerning Application USR 18-099 after December 5, 2018 be
made public
"If either Weld County Government or Bonanza disagrees to this motion
for disqualification, a thoughtful legal brief should be written in
opposition at this time and before any hearing by the Commissioners "
I have not received any response from anyone Mr Groom, this is
another major concern What do you say?
12 January 1, 2019 email from me to Weld County Attorney Bruce
Barker and others
In this email under exhibit 17, I stated
"17 Please note the links in this copy of the
emails will take one to the correct site Somehow, these links same
links were changed in the following Exhibit which contains copies of
the same emails i e someone has attacked my computer For example,
the link
https //urldefense proofpoint com/v2/url2u=http-3A_clr-2D34 org_martin-2Dmanetta-2Dhwy34-
2Dproject_appeal-2Dto-2Dthe-2Dco-2Dcourt-2Dof-
2Dappeals_&d=DwIFaQ&c=A8J9jb3_CIsSlatombgkDA&r=ylxwAFik4NylzLWMI PpNxRidKiUTKHSFsiH2b_Lhi
6w&m=0SUh_pAWNvnxUp9ixKN8xWY1 PA8xPeGEobu-
jwPBeOo&s=lwFvSL6RWgGIrt2jZm0pO WsJm7cjMXQIvD3PmtvgZE&e=
found in my original email dated November 24 has through this attack
been changed so that the link will now read in this email as follows
https //urldefense proofpoint com/v2/url2u=http-3A_-clr-2D34 org_mar
tin-2Dmarietta-2Dhwy34-2DproJect_appeal-2Dto-2Dthe-2Dco-2Dcourt-2Dof-2
Dappeals_&d=DwIFaQ&c=A8J9jb3_CIsSlatombqkDA&r=ymelOMIGv999gMR2uKPQmIMueLzFpzJsdP5OXag8
_a8&m=Y92g 1 KHQAZ7LHwNtVFfQgRHMghw7wiiD5KIWcs0YwoE&s=iAuf
9
AHUZ9rKupRGEZdOyE4FjPbjEbWiPgT5vINLgNok&e="
Weld County Attorney Barker made no response
13 January 19, 2019 email from me to Weld County Attorney Bruce
Barker and District Attorney Michael Rourke
In this January 19 email, I submitted what I consider to be very
strong proof that the attack on my computer was made in the return
email dated November 29, 2018 at 8 43 a m from Weld County Attorney
Barker
I then asked "County Attorney Barker, someone attacked my computer —
was it your
I have received absolutely no response from anyone
14 January 21, 2019 email from me to "Patrick Groom as attorney for
DCP Midstream"
DCP Attorney Groom, in this email, I asked for the reason that you
were requesting a postponement of the hearing which was scheduled for
January 23,2019 I also asked you to give me any written
communication or state any oral communications with anyone in Weld
County Government regarding the motion You answered the first part
but not the second
You have now given two reasons address concerns of protestors and
seek new site for the compressor plant You did not state these
reasons when you requested a one -week postponement from December 19 to
December 26 At that time, you gave the appearance (if not the actual
fact) that you knew that you did not have all three votes of the three
Commissioners present on December 19 and that you needed the vote of
Commissioner Moreno on December 26 to have the three votes needed for
USR-18-0099
Once again, by refusing to answer my questions regarding any and all
communications between you and Weld County Government, you have
created a cloud of suspicion around whether you sought another
postponement because you believed that you did not have the three
votes needed at the scheduled January 23 hearing
DCP Attorney Groom, give a complete explanation surrounding any and
all communications with anyone in Weld County Government in connection
with your latest motion for continuance
15 January 22, 2019 email from me to "Paul Park as agent for Bonanza,
Patrick Groom as attorney for DCP Midstream, Weld County
Commissioners, Weld County Attorney Barker and Attorney & Employee
Andrew Fiske of PDC Energy"
In this email, I made three motions
"Motion to Join PDC Energy as a Party to Bonanza Application USR 18-0099
"Motion to Consolidate the Three Pending (or Planned) Applications of
10
PDC Energy for Permits to Drill Horizontal Frocking Wells and Install
Tank Batteries Within a Vicinity of 2 Miles from Bonanza Application
USR 18-0099
"Motion to Stay All Further Applications Concerning the DCP Midstream
Grand Parkway Including the "Big Horn" Processing Plant, Application
USR 18-0099, Any Other Applications for "Pumper Station" Plants, and
All Applications of PDC Energy and Other Drilling Companies Who Will
be Connecting New Wells into DCP Midstream's Grand Parkway Project
The stay should remain in effect until Weld County Commissioners Enact
a Zoning Ordinance on the specific topic of Zoning in Weld County
which has substantially the same content as the Colorado
Administrative Procedures Act but applying only to Zoning in Weld
County
I believe that the motions and supporting grounds are clearly stated
DCP Attorney Groom, please address my concerns by filing a written
response with the Commissioners and sending me a copy
16 January 23, 2019 hearing before the Commissioners
Attorney Groom stated that he represents DCP Midstream He moved to
continue Bonanza's application hearing from January 23, 2019 until
March
He did not appear as attorney for Bonanza DCP was not the agent for
Bonanza No agent officially appeared in the record for Bonanza
At the December 19 hearing, Chair Kirkmeyer cut my wife's argument
short by stating for her to write a letter on the issue of whether
Attorney Groom had authority to move for a postponement of the Bonanza
Application
On December 22, 2018 in an email to the Commissioners, I stated in
detail why the application should be dismissed including why Attorney
Groom who appeared only as attorney for DCP, had no authority to
speak on behalf of Bonanza Please see that email and the discussion
of the December 22 email above Legally, DCP has nothing to do with
this case
The Applicant, Bonanza, failed to appear at the hearing on December
19, 2018 or at the hearing on January 23, 2019 When an Applicant
fails to appear at least twice for a final hearing, shouldn't the
application be dismissed'? Instead, the Commission continued the
hearing until March 26, 2019
Furthermore, while the Commissioners did allow me to speak on my
Motion To Stay, the Commission did not vote on the Motion and refused
my request for the Commission to order Attorney Groom and Weld County
Attorney Barker to file briefs on the motion
Since it is unlikely that Attorney Groom, County Attorney Barker, and
/ or PDCE Attorney Fiske will respond, I am preparing to file suit in
Court I offer the following in order to fulfill my obligation to
fully discuss the issues and to give notice prior to filing suit
11
1 I have made three Open Records requests to County Attorney Barker
and all three have been denied My recourse is to file suit in the
Weld County District Court Attorney Barker, do you want to change
your mind and provide the documents on any or all of the three Open
Records requests'?
2 Suit in Weld District Court for declaratory judgment that the
zoning procedures in USR 18-0099 unconstitutional under Article III
of the Colorado Constitution and for an injunction prohibiting further
zoning hearings such as USR 18-0099 until Weld County complies with
Article III by establishing independent "administrative law judges"
for such hearings in place of the Weld County Commissioners
3 Suit in Weld District Court or United States District Court for the
District of Colorado as to whether the defendants DCP Midstream, PDC
Energy, Barker, Kirkmeyer, Groom, Park, Fiske and others have
conspired in a fraudulent scheme in connection with the Grand Parkway
project of DCP Midstream and specifically the bogus Application USR
18-0099 (common law fraud of concealment and misrepresentation,
statutory fraud under either the Colorado statute, C R S §§
18-17-101, et seq or federal statute18 USC §§ 1961 through 1968)
4 Suit in the United States District Court under 42 USC 1983 and the
equal protection clause of the 14th Amendment
Below is a link to the Greeley Tribune article including the segment
from the Daily Show which illustrates how the 14th Amendment on equal
protection is violated in "spot zoning" Below is also a draft of a
complaint under 42 USC 1983
Watch Greeley's Bella Romero fracking fight featured on The Daily Show
January 29, 2019
https //urldefense proofpoint com/v2/url'?u=https-3Awww greeleytnbune com_news_greeleys-2Dbella-
2Dromero-2Dfracking-2Dfight-2Dfeatured-2Don-2Dthe-2Ddaily-2Dshow_ 3Futm-5Fsource-3Dboomtrain-
26utm-5Fmedium-3Dnewsletter-26utm-5Fcampaign-3Dgt-2Ddaily-2Dupdate-26bt-5Fee-
3Dlw2cwVXelGdwidl I98SUwlI FgiP1 abbtOJdxy_AkHxk-3D-26bt-5Fts-3D1548853294565-26utm-5Fsource-
3Dboomtrain-26utm-5Fmedium-3Dnewsletter-26utm-5Fcampaign-3Dgt-2Ddaily-2Dupdate-26bt-5Fee-
3DgCHL0uT4CNSDQ9tjcBO7viRLkN6jnj27gGe0Pk3yMOE-253D-26bt-5Fts-
3D1548853294558&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=y1 xwAFik4NylzLWMI PpNxRidKiUTKHSFsiH
2b_Lhi6w&m=0SUh_pAWNvnxUp9ixKN8xWY1 PA8xPeGEobu-jwPBeOo&s=EY1 pgaQzxK7d_tQ9kX-
QuVIgN K6vbRzAFbG0P2rJIHc&e=
From the Greeley Tribune Article, it appears that the Weld County
Commissioners denied the Application of the oil company to drill their
wells near Frontier Academy School and then granted essentially the
same application near the Bella Romero School
The article further implies that there was no rational or compelling
state interest for treating the children attending these two schools
and the neighbors surrounding these two schools differently Under
the 14th Amendment, the Weld County Commissioners are required to
treat all people equally If they treat them differently, the Weld
County Commissioners must prove that there was a rational (or if
"race" is involved a compelling) reason for treating them differently
12
It appears that suit could have been brought against Weld County
Commissioners under 42 USC 1983 and the 14th Amendment equal
protection
A few years ago, NGL filed an application for a "USR" exception to
drill and operate an injection well approximately 200 yards north of
the present application in USR 18-0099 Certain neighbors vehemently
objected and the application for the injection well was not approved
However, NGL was able to obtain approval for the injection well in an
application for another location The two locations were very similar
in terms of the number of homes nearby and the nature of the farm
ground There was no rational reason for granting one application and
denying another
Decisions before the Weld County Commissions appear to be based upon
who has the connections or the most clout In USR 18-0099, DCP
Attorney Groom has given the appearance that he has connections with
the Weld County Commissioners However, even DCP Attorney Groom, (who
thought that he had the votes for approval if he could get a hearing
on December 26, 2018), is having difficulty with an application which
he knew was fatally defective at the time it was filed
Below is a draft of a complaint under 42 USC 1983
1 This Court has jurisdiction over this Civil Rights action pursuant
to 28 U S C
Sections 1331 and 1343 and under 42 USC § 1983 and 1988 seeking
damages and injunctive relief against Defendants for committing acts,
under
color of law, with the intent and for the purpose of depriving
Plaintiff of rights
secured under the 14 th Amendment of the United States Constitution
and laws of the United States
2 The declaratory and injunctive relief sought is authorized by 28
U S C Sections 2201 and 2202, 42 U S C Section 1983 and Rule 57 of
the Federal Rules of Civil Procedure
3 Venue is proper in the United States District Court for the
District of Colorado, pursuant to 28 U S C § 1391(b) because a
substantial part of the claims or omissions giving rise to Plaintiffs'
claims have occurred, and are occurring, in Colorado
4 All of the plaintiffs are residents of Weld County Colorado
5 All of the defendants (Weld County Commissioners and others) are
named in their individual capacity They are jointly and severally
liable in either their individual capacity and / or as alders and
abettors or as members of a conspiracy
6 The 14th Amendment to the Constitution of the United States in
Section 1 states in pertinent part " nor shall any state
deny to any person within its jurisdiction the equal protection of
the laws "
13
7 42 UCS Section 1983 states in pertinent part "Every person who,
under color of any statute, ordinance, regulation, custom, or usage of
any State or Territory or the District of Columbia, subjects, or
causes to be subjected, any citizen of the United States or other
person within the jurisdiction thereof to the deprivation of any
rights, privileges, or immunities secured by the Constitution and
laws, shall be liable to the party injured in an action at law, suit
in equity "
8 There is no rational reason for treating these two classes of
people differently Therefore, the defendants have violated the equal
protection clause of the 14 th Amendment to the United States
Constitution
WHEREFORE, Plaintiffs, request judgment against Defendants as follows
A For appropriate declaratory relief regarding the unlawful and
unconstitutional acts and practices of Defendants,
B For appropriate compensatory damages in an amount to be determined at trial,
C For appropriate equitable relief against all Defendants as allowed
by the Civil Rights Act of 1871, 42 U S C Section 1983, including the
enjoining and permanent restraining of these violations, and direction
to Defendants to take such affirmative action as is necessary to
ensure that the effects of the unconstitutional and unlawful practices
are eliminated and do not continue to affect the Plaintiffs or others,
D For an award of reasonable attorney's fees and costs against the
Defendants pursuant to the Civil Rights Act of 1871, 42 U S C Section
1988, and
E For such other and further relief to which Plaintiffs may show
themselves justly entitled
I welcome any comments which anyone may have concerning any legal
arguments or factual arguments I do not want to file a suit if
anyone has valid reasons as to why such a suit should not be filed
Now is the time to speak up
Bill Danks
On Tue, Jan 22, 2019 at 10 22 AM William Danks <wcdanks@edanks corn> wrote
>
> To Paul Park as agent for Bonanza, Patrick Groom as attorney for DCP
> Midstream, Weld County Commissioners, Weld County Attorney Barker,
> and Attorney & Employee Andrew Fiske of PDC Energy
>
> I, Bill Danks, submit the following three Motions
>
> Motion to Join PDC Energy as a Party to Bonanza Application USR 18-0099
>
> Motion to Consolidate the Three Pending (or Planned) Applications of
> PDC Energy for Permits to Drill Horizontal Fracking Wells and Install
> Tank Batteries Within a Vicinity of 2 Miles from Bonanza Application
> USR 18-0099
>
> Motion to Stay All Further Applications Concerning the DCP Midstream
14
> Grand Parkway Including the "Big Horn" Processing Plant, Application
> USR 18-0099, Any Other Applications for "Pumper Station" Plants, and
> All Applications of PDC Energy and Other Drilling Companies Who Will
> be Connecting New Wells into DCP Midstream's Grand Parkway Project
> The stay should remain in effect until Weld County Commissioners Enact
> a Zoning Ordinance on the specific topic of Zoning in Weld County
> which has substantially the same content as the Colorado
> Administrative Procedures Act but applying only to Zoning in Weld
> County
>
>
>
> The grounds for the three motions are as follows
>
> 1 The Grand Parkway is a major industrial project It involves
> the expenditure of over $395 million by DCP Midstream to construct a
> 62 mile pipeline loop around the city of Greeley, essentially putting
> the city at the center of the loop It involves the construction of
> several large processing plants, a number of "Pumper Station" plants
> The three sources below describe the DCP Midstream Grand Parkway
> pipeline project
>
>
>
> The following quotation is from the article at the following link
>
> https //urldefense proofpoint com/v2/url9u=https-3A_news amencan-
2Dusa com_2018_01_23_coloradograndparkway_&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r-y1 xwAFik4Ny
IzLWMIPpNxRidKiUTKHSFsiH2b_Lhi6w&m=0SUh_pAWNvnxUp9ixKN8xWY1 PABxPeGEobu jwPBeOo&s=Qj-
GDQcF4JDIjeMauhKjXnn07zHltklZwU4SxjkP3HE&e=
>
> The Grand Parkway in Houston, Texas, is a large freeway loop
> surrounding the city and encompassing six different counties This
> large construction project that connects the country's largest
> geographical metroplex is also the inspiration for DCP Midstream's new
> 62 -mile steel pipeline in Greeley, Colorado
>
> AMERICAN Steel Pipe is being used in the DCP Grand Parkway system,
> which is aimed at relieving traffic and efficiently moving unprocessed
> gas in its existing gathering system
>
> Just as Houston's Grand Parkway is intended to relieve traffic, DCP's
> Grand Parkway system is aimed at relieving traffic and efficiently
> moving unprocessed gas in its existing gathering system
>
>
>
> The following quotation is from the article at the following link
>
> https //urldefense proofpoint com/v2/urPu=https-
3A_www dcpmidstream com_dcpmidstream_media_DCP_Pdfs_Mewbourn3-5FFact-5FSheet-
5FFinal pdf&d=DwIFaQ&c=A8J9jb3_CIsSlatombqkDA&r=y1xwAFik4NylzLWMIPpNxRidKIUTKHSFsiH2b_Lhi6
w&m=0SUh_pAWNvnxUp9ixKN8xWY1 PABxPeGEobu-jwPBeOo&s=i9-
r1 tvJLdU 187gmGdbzzJGjgSBHX02VnWDZnXDSSb0&e=
>
> MEWBOURN 3 PLANT & GRAND PARKWAY
15
>
> The Mewbourn 3 project also includes the next phase of the Grand
> Parkway low pressure gathering and associated compression asset, which
> is also expected to be completed by the end of 2018 The Mewbourn 3
> plant will connect to the Front Range Pipeline, one-third owned by DCP
> Midstream, for NGL takeaway to Mont Belvieu, Texas Total capital
> investment for the plant and associated gathering is expected to be up
> to $395 million
>
>
>
> The following quotation is from the article at the following link
>
> https //urldefense proofpoint com/v2/url9u=https-3A_globenewswire com_news-
2Drelease_2018_08_01 _I 545787_0_en_DCP-2 DMidstream-2 Ds-2DMewbourn-2D3-2DPIant-2DNow-2Din-
2DService html&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=ylxwAFik4NylzLWMI PpNxRidKiUTKHSFsiH2b_
Lhi6w&m=0SUh_pAWNvnxUp9ixKN8xWY1 PA8xPeGEobu -wPBeOo&s=ZOjW4GmzUV-2MTTBgXA-XRC3O-
Wo3cYbyCupc2MgveA&e=
>
> DCP Midstream's Mewbourn 3 Plant Now in Service
>
> Email Print Friendly Share
>
> August 01, 2018 16 05 ET I Source DCP Midstream LP
>
> DENVER, Aug 01, 2018 (GLOBE NEWSWIRE) -- Today, DCP Midstream, LP
> (NYSE DCP) announced that Mewbourn 3, a new 200 million cubic feet
> per day (MMcf/d) natural gas processing plant is now in service ahead
> of all announced timelines Mewbourn 3 is DCP's tenth plant in the DJ
> Basin, increasing the company's processing capacity in the region to
> over 1 billion cubic feet per day (Bcf/d)
>
> "We are excited to bnng the Mewbourn 3 plant online as part of our
> comprehensive growth strategy in the DJ Basin, completing an important
> step toward adding 1 5 billion cubic feet per day of capacity to meet
> the needs of our customers' continued record production," said Wouter
> van Kempen, president, chairman, and CEO of DCP Midstream "All of our
> DJ Basin customers will immediately benefit from this increase in
> processing capacity, and our future build out in basin infrastructure
> will ensure their production growth capacity well into the next
> decade "
>
> The Mewbourn 3 plant connects to multiple outlets affiliated with DCP
> for natural gas liquids and natural gas takeaway, ensuring DJ Basin
> producers have access to attractive markets, including those along the
> Gulf Coast
>
> In addition to Mewbourn 3, DCP has previously announced two upcoming
> plants as part of its multi -year, fully integrated growth strategy
> With construction currently underway, the in-service date for the
> O'Connor 2 facility has been accelerated to Q2 2019, and its capacity
> has been expanded by 50%, to 300 MMcf/d, including up to a 100 MMcf/d
> bypass
>
> Additionally, DCP has secured land and filed permits for a 12th plant,
> recently named Bighorn, to further meet the projected needs of
16
> production in the basin Bighorn will have up to 1 Bcf/d of capacity,
> including bypass, and is expected to begin initial phases of
> operations in 2020 Along with these plant expansions and additions,
> DCP is extending its value chain via NGL and gas takeaway projects to
> ensure producers' needs are met from the wellhead to end use markets
>
>
>
> 2 The DCP Midstream infrastructure is necessary so that well
> drilling companies, such as PDC Energy, can send out production from
> their wells The newer horizontal fracking wells are of a larger
> industrial use than the wells of the past PDC Energy, which has
> already constructed a number of these newer wells in the area
> surrounding Kersey, generally places between 20 and 30 tanks at each
> industrial site These large industrial "tank batteries" are creating
> a "Commerce City" as they march southeast from the "Spanish Colony"
> toward the location of Application 18-0099 The industrial well
> sites need other related industries besides DCP Midstream Other
> related supporting industries include injection wells and fleets of
> tanker trucks carrying "produced water " The so called "water" is not
> "water" It is a toxic hazardous fluid which has caused major
> explosions and fires at NGL's injection wells The industrial wells
> also need a supply of actual water for drilling which makes the area
> around Greeley attractive to the oil industry
>
>
>
> 3 The present zoning procedure of Weld County is fatally
> defective in its entirety In 2014 DPS Midstream was discussing its
> $395 million dollar project with drilling companies, with Weld County
> Government, and with other supporting industrial companies At that
> time, in order to deal with a 62 mile -long and $395 million -dollar
> project, (which does not include the cost of drilling the wells, etc )
> the Weld County government should have passed a major amendment to
> the Zoning map of Weld County Instead the Commissioners allowed DPS
> Midstream to proceed piecemeal with the huge industrial project The
> Commissioners scheduled countless special hearings before themselves,
> acting as judges In hearing after hearing, they granted exception
> after exception to allow DCP's industrial use in land that was zoned
> agricultural
>
>
>
> 4 DCP Midstream is probably more than halfway through its Grand
> Parkway project It now seeks, via Application USR 18-0099, another
> exception to allow for industrial use in land zoned agricultural
> Application USR 18-0099 violates Weld County's own guidelines in a
> number of respects including that DCP Midstream at the time of the
> application did not own the land, did not have a lease on the land,
> and did not have an option to purchase the land contingent upon the
> application being granted
>
>
>
> 5 Our system of government, both federal and state, is based
> upon the separation of powers legislative, executive, and judicial
17
> Congress adopted The Administrative Procedures Act to regulate federal
> agencies Colorado adopted the Administrative Procedures Act to
> regulate Colorado state agencies All agencies, including Workers
> Compensation, have independent "administrative law judges" who decide
> whether an application should be granted "
>
>
>
> 6 Application USR 18-0099 and all other applications of well
> drilling companies (PDC Energy, Noble, et al ) and DCP Midstream
> should be stayed until an Administrative Procedures Act for Zoning in
> Weld County is enacted The act needs to require a "rule making"
> procedure with public notice Most importantly, the act needs to
> require that independent "administrative law judges" rule on all
> applications for exceptions to the zoning map Independent judges
> are essential Neither the appearance of bias nor any actual
> corruption in government can be tolerated
>
>
>
> 7 In addition to independent "administrative law judges" a
> procedure must exist to allow opponents of an application to gain the
> information necessary to make their objection In the case involving
> Application USR 18-0099, there are neither independent law judges nor
> a procedure that allows opponents of an application to gain necessary
> information
>
>
>
> 8 DCP Midstream's Attorney Groom has given the appearance,
> whether or not it is also an actual fact, that he knows how different
> Commissioners will vote on Application USR 18-0099 His appearance of
> judicial impropriety is not unique to this particular case before the
> County Commissioners Attorney Groom participated in the Martin
> Marietta case where Martin Marietta applied to place an industrial
> asphalt plant in an agriculture zone Attorney Groom was attorney for
> one of the affiliates of Martin Marietta In that case, the District
> Court remanded the decision back to the County Commissioners ordering
> that the Commissioners make findings of fact as to why the
> Commissioners had granted the Application During the remand, the
> attorneys for Martin Marietta communicated with Weld County Attorney
> Barker and the Weld County Commissioners without disclosing those
> communications to opposing counsel This ex parte communication is
> prohibited The attorney for one side cannot communicate with the
> judge except in court or by paper with a copy to the opposing side
>
>
>
> 9 When Martin Marietta communicated with Weld County
> Commissioners, the Commissioners were wearing their judicial hats
> They wear these judicial hats at least 20% of the five-day work week,
> i e every Wednesday, when they sit as administrative law judges to
> consider applications by the oil companies who are seeking exceptions
> to the zoning code in order to place industrial plants in agricultural
> zones The reason that the Weld County Commissioners, acting as
> judges, sit so often on exception hearings is because the Weld County
18
> Commissioners, acting as legislators and executives, fail to pass an
> administrative rule -making amendment to the zoning map when such
> amendments are clearly necessary Such an amendment was necessary in
> 2014 when DCP first proposed the Grand Parkway
>
>
>
> 10 County Attorney Barker has an irreconcilable conflict of interest
> in trying to give legal advice to the Commissioners when they are
> wearing their various hats as judges, legislators, and executives He
> has an even more irreconcilable conflict of interest when he fields
> information from the attorneys who are hired by industrial clients to
> help them seek exemptions from the Commissioners in order to build
> industrial plants in agricultural areas Through discovery for this
> case, I need to know all of the ex parte communications as well as any
> and all transfers of money or gifts that might affect the
> Commissioners while they are acting as judges in this case
>
>
>
> 11 County Attorney Barker has consistently refused my Open Records
> Requests First, County Attorney Barker evoked "privilege" in his
> refusal to grant my Open Records Request for the documents in the
> Martin Marietta case See the email chain in Exhibit 22 Second,
> County Attorney Barker refused my Open Records Request for documents
> in the illegal transfer of money from companies doing business with
> Weld County through United Way for the Breckenridge meeting of the
> Commissioners and others See the email chain in Exhibit 23 In
> that illegal transfer PDC Energy transferred $1500 through United Way,
> all the while knowing that the $1500 was being laundered by United Way
> for the Breckenridge trip Comments of Commissioner Conway in the
> Greeley Tribune article give the appearance that County Attorney
> Barker advised Commissioner Kirkmeyer to run the transfers through
> United Way Third, Attorney Barker denied my Open Records Request for
> all communications between his office and DCP Midstream I hereby
> renew all three of these Open Records requests as new requests so that
> the issue of the validity of these denials by Attorney Barker can be
> reviewed on appeal of this case
>
>
>
> 12 Weld County's present procedures make it impossible for any
> opponent of the exemption application to gain the necessary facts with
> which to mount an opposition to the application In this Application
> USR 18-0999, DCP Midstream has refused to voluntarily provide any of
> the information which I have requested in this email chain
> Furthermore, neither County Attorney Barker nor DCP Attorney Groom
> have responded with any written response to the legal arguments in
> this email chain Nor is there any opportunity at the actual hearing
> on the application to cross-examine witnesses Thus, the opponents of
> the application are denied due process of law and a meaningful
> opportunity to contest the application
>
> In my email dated Jan 1, 2019 (Exhibit 18), I listed 18 exhibits for
> the hearing on USR 18-0099 In addition to those exhibits, I add the
> following exhibits
19
>
> 19 Copy of my email to County Attorney Barker on November 28, 2018
> which has the correct links to the articles
>
> 20 Copy of the reply email from County Attorney Barker on November
> 29, 2018 with the altered links to the articles Someone — was it you
> Attorney Barker — attacked my computer
>
> 21 Email from Deputy Clerk of the Board to me dated December 27, 2018
> with Application Numbers and Commissioners present for the hearing on
> Dec 19 and Dec 26, 2018
>
> 22 Email chain "RE PDC Energy / Spot Zoning / S E of 'Spanish
> Colony' " containing Open Records Request for Martin Marietta ex parte
> communications
>
> 23 Email chain "RE Weld County United Way Transfer / County Attorney
> Barker" containing Open Records Request
>
> 24 Email dated Dec 31, 2018 from me to Deputy Clerk re transcript of
> hearing on Dec 19, 2018 and transcript of hearing on Jan 23, 2019
>
> 25 Copy of this email Dated Jan 22, 2019 and the accompanying chain
> of emails working backwards in time
>
> Bill Danks
>
> On Mon, Jan 21, 2019 at 4 17 PM William Danks <wcdanks@edanks corn> wrote
> > To Patrick Groom as attorney for DCP Midstream,
> > I just received this message from DCP Midstream requesting a
> > continuance A copy is reproduced below We need to know the reason
> > you are requesting a continuance so that we can be prepared to respond
> > to your request
> > Have you already communicated the request to anyone in Weld County
> > Government? Did you make the request verbally, in writing or both? If
> > verbally, who have you talked to and state what was said If you made
> > the request in writing, then forward immediately to me your written
> > request
> > Regarding your request to continue the December 19, 2018 hearing, now
> > is a good time for you, County Attorney Barker and County Planner Kim
> > Ogle to make full disclosure of how that request was made and how the
> > Commissioners had decided to grant the request before we arrived in
> > the Clerk's office on December 19 for that hearing
> > Bill Danks
> > Bill Danks
> > Prairie Compressor Station continuance request
> > Inbox
20
>> x
> > Borders, Shannon
> > 2 03 PM (1 hour ago)
> > to Shannon
> > Hello,
> > On Wednesday, January 23, DCP is scheduled to present the Prairie
> > Compressor Station (USR18-0099) at the Weld County Board of County
> > Commissioners hearing We wanted to let our neighbors know we are
> > requesting a continuance to a date in early March While we cannot
> > anticipate whether or not the continuance will be granted, we wanted
> > to keep you informed as we move through the process Please let me
> > know if you have questions
> > Regards,
> > Shannon Borders
> > Community Outreach Manager
> > DCP Midstream
> > cell 970 652 0397
> > sborders@dcpmidstream corn
> > On Sat, Jan 19, 2019 at 4 44 PM William Danks <wcdanks@edanks corn> wrote
>>>
> > > To Weld County Attorney Bruce Barker and District Attorney Michael Rourke,
>>>
> > > On January 1, 2019, I sent an email to you, County Attorney Barker,
> > > stating that "someone has attacked my computer " Mr Barker, I have
> > > received no response from you
> > > In a few minutes, I will forward to you my email to you dated November
> > > 28, 2018 at 8 32 a m and then in a few minutes after that, I will
> > > forward your email to me dated November 29, 2918 at 8 43 a m Please
> > > compare the wording of the http links in the email chain for the dates
> > > of November 24 at 4 47 p m and November 16, at 1 15 p m You will
> > > see that you changed the links to https //urldefense proofpoint com/v2/url'?u=http-
3A_urldefense&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=ylxwAFik4NylzLWMI PpNxRidKiUTKHSFsiH2b_
Lhi6w&m=0SUh_pAWNvnxUp9ixKN8xWY1 PA8xPeGEobu-
jwPBeOo&s=C3B7nmGkUFeay_oaXJuylzHr6VOgzoFTi3CIMsGOwSc&e= Thus, when I
> > > continued to add future emails to this chain, the recipients of my
> > > future emails had corrupted link
>>>
> > > County Attorney Barker , someone attacked my computer -- was it you'?
>>>
> > > Bill Danks
>>>
>>>
>>>
> > > 17 William Danks email chain working backward from email to "Paul"
> > > Park dated Wed Nov 28, 2018, and with email dated Nov 28, 2018 to
> > > "Custodian of Records " and with email to "Paul" Park dated Nov
> > > 24, 2018 and with email to Paul dated Nov 16, 2018 and email dated
> > > Nov 12 from Paul to "Bill" Please note the links in this copy of the
> > > emails will take one to the correct site Somehow, these links same
> > > links were changed in the following Exhibit which contains copies of
21
> > > the same emails i e someone has attacked my computer For example,
> > > the link https //urldefense proofpoint com/v2/url9u=http-3A_clr-2D34 org_martin-2Dmarietta-2Dhwy34-
2Dproject_appeal-2Dto-2Dthe-2Dco-2Dcourt-2Dof-
2Dappeals_&d=DwIFaQ&c=A8J9jb3_CIsSlatombgkDA&r=ylxwAFik4NylzLWMI PpNxRidKiUTKHSFsiH2b_Lhi
6w&m=0SUh_pAWNvnxUp9ixKN8xWY1 PA8xPeGEobu-
jwPBeOo&s=lwFvSL6RWgGIrt2jZm0pO_WsJm7cjMXQIvD3PmtvgZE&e=
> > > found in my original email dated November 24 has through this attack
> > > been changed so that the link will now read in this email as follows
>> >
> > > https //urldefense proofpoint com/v2/url"u=http-3A_clr-2D34 org_mar
> > > tin-2Dmanetta-2Dhwy34-2Dproject_appeal-2Dto-2Dthe-2Dco-2Dcourt-2Dof-2
>>>
Dappeals_&d=DwIFaQ&c=A8J9jb3_CIsSlatombgkDA&r=ymel0MiGv999gMR2uKPQmIMueLzFpzjsdP5OXag8
_a8&m=Y92g 1 KHQAZ7LHwNtVFfQgRHMghw7wiiD5KIWcs0YwoE&s=iAuf
> > > AHUZ9rKupRGEZdOyE4FjPbjEbWiPgT5vINLgNok&e=
>>>
> > > On Tue, Jan 1, 2019 at 7 24 PM William Danks <wcdanks@edanks corn> wrote
>> >>
> > > > To Paul Park as agent for Bonanza, Patrick Groom as attorney for DCP,
> > > > Weld County Attorney Bruce Barker, Weld County Commissioners
>> >>
> > > > Re Bonanza Application USR 18-0099 - Hearing Before Weld County
> > > > Commissioners set for January 23, 2019
>> >>
> > > > Exhibit and Witness List of William C Danks, 30150 CR 50, Kersey, Co 80644
>> >>
> > > > Exhibits
>> >>
> > > > 1 Planning Department home page for USR 18-0099 with links to
> > > > the following exhibits 2- 11 found at
>> >>
https //www weldgov com/departments/planning_and_zoning/current_planning_cases/december 4_2018_p_
c_heanng/
>> >>
>>»2
>> >>
>>»3
>> >>
>>»4
>> >>
» »5
>> >>
» »6
>> >>
>>»7
>> >>
>>»8
>> >>
>>»9
>> >>
>> » 10
>> >>
> » 11
>> >>
>> » 12
Application of Bonanza — 68 pp
Drainage Report — 13 pp
Lighting Plan — 3 pp
Tower Information —11 pp
USR Maps — 4 pp
Utilities — 5 pp
Referral Comments —15 pp
PC Exhibits —12 pp
Staff Report -12 pp
Draft PC Resolution— 10 pp
USE BY SPECIAL REVIEW (USR) PROCEDURAL GUIDE CHECKLIST (16 pp )
22
>> » FOUND AT
https //www weldgov com/UserFiles/Servers/Server_6/File/Departments/Planning%20&%20Zornng/Land%20U
se%20Applications%20and%20Assistance/Land%20Use%20Applications/Applications/USR pdf
>> >>
> > > > 13 "Midstream 101"
> > > > https //urldefense proofpoint com/v2/url7u=http-3A_www dcpmidstream com_company_midstream-
2D101 &d=DwIFaQ&c=A8J9jb3_CIsSlatombgkDA&r=ylxwAFik4NylzLWMI PpNxRidKiUTKHSFsiH2b_Lhi6w&m
=OSUh_pAWNvnxUp9ixKN8xWY1 PABxPeGEobu-jwPBeOo&s=_5hdd8Qjy-
4aIl a8Fk_0RD9cg3aeGkZmhK30ldxds3w&e= and any and all
> > > > other items on the DCP Midstream web page
>> >>
> > > > 14 "Appellants' Opening Brief" (54 pp ) in Court of Appeals in
> > > > "Martin Marietta" case Case No 2017CA463 (Appeal from Weld County
> > > > District Court Case No 2015CV30776) This brief and other pleadings
> > > > and court decisions can be found at
> > > > https //urldefense proofpoint com/v2/url9u=http-3A_clr-2D34 org_martin-2Dmarietta-2Dhwy34-
2Dproject_appeal-2Dto-2Dthe-2Dco-2Dcourt-2Dof-
2Dappeals_&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=y1 xwAFik4NylzLWMIPpNxRidKiUTKHSFsiH2b_Lhi
6w&m=OSUh_pAWNvnxUp9ixKN8xWY1 PA8xPeGEobu-
jwPBeOo&s=lwFvSL6RWgGIrt2jZm0pO WsJm7cjMXQ1vD3PmtvgZE&e=
>> >>
> > > > 15 "Installation of Colorado's Grand Parkway Overcomes it All"
> > > > Posted by American News, January 23, 2018 found at
> > > > https //urldefense proofpoint com/v2/url?u=https-3A_news american-
2Dusa com_2018_01_23_coloradograndparkway_&d=DwIFaQ&c=A8J9jb3_CIsSlatombqkDA&r=y1xwAFik4Ny
IzLWMIPpNxRidKiUTKHSFsiH2b_Lhi6w&m=0SUh_pAWNvnxUp9ixKN8xWY1 PABxPeGEobu jwPBeOo&s=Qj-
GDQcF4JDIjeMauhKjXnn07zHItkIZwU4SxjkP3HE&e=
>> >>
> > > > 16 "Mewbourn 3 Plant and Grand Parkway" article (1 p ) found on the
> »DCP web page at
> > > > https //urldefense proofpoint com/v2/url,u=https-
3A_www dcpmidstream com_dcpmidstream_media_DCP_Pdfs_Mewbourn3-5FFact-5FSheet-
5FFinal pdf&d=DwIFaQ&c=A8J9jb3_CIsSlatombgkDA&r=ylxwAFik4NylzLWMIPpNxRidKiUTKHSFsiH2b_Lhi6
w&m=0SUh_pAWNvnxUp9ixKN8xWY1 PABxPeGEobu-jwPBeOo&s=i9-
r1 tvJLdU 187gmGdbzzJGjgSBHX02VnWDZnXDSSb0&e=
>> >>
> > > > 17 William Danks email chain working backward from email to "Paul"
> > > > Park dated Wed Nov 28, 2018, and with email dated Nov 28, 2018 to
> > > > "Custodian of Records " and with email to "Paul" Park dated Nov
> > > > 24, 2018 and with email to Paul dated Nov 16, 2018 and email dated
> > > > Nov 12 from Paul to "Bill" Please note the links in this copy of the
> > > > emails will take one to the correct site Somehow, these links same
> > > > links were changed in the following Exhibit which contains copies of
> > > > the same emails i e someone has attacked my computer For example,
> > > > the link https //urldefense proofpoint com/v2/url'u=http-3A_clr-2D34 org_martin-2Dmarietta-
2Dhwy34-2Dproject_appeal-2Dto-2Dthe-2Dco-2Dcourt-2Dof-
2Dappeals_&d=DwIFaQ&c=A8J9jb3_CIsSlatombgkDA&r=ylxwAFik4NyIzLWMI PpNxRidKiUTKHSFsiH2b_Lhi
6w&m=0SUh_pAWNvnxUp9ixKN8xWY1 PA8xPeGEobu-
jwPBeOo&s=lwFvSL6RWgGIrt2jZm0pO WsJm7cjMXQ1vD3PmtvgZE&e=
> > > > found in my original email dated November 24 has through this attack
> > > > been changed so that the link will now read in this email as follows
>> >>
> > > > https //urldefense proofpoint com/v2/url?u=http-3A_clr-2D34 org_mar
> > > > tin-2Dmarietta-2Dhwy34-2Dproject_appeal-2Dto-2Dthe-2Dco-2Dcourt-2Dof-2
23
> >»
Dappeals_&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=ymel0MiGv999gMR2uKPQmIMueLzFpzjsdP5OXag8
_a8&m=Y92g1 KHQAZ7LHwNtVFfQgRHMghw7wiID5KIWcs0YwoE&s=iAuf
> > > > AHUZ9rKupRGEZdOyE4FjPbjEbWiPgT5vINLgNok&e=
> >»
> >»
> >»
> >»
> >»
> >»
> >»
> > > > Witness to be called for cross examination and under oath at the
> > > > hearing on this Application The witnesses are requested to either
> > > > provide before the hearing or bring to the hearing all communications
> > > > (digital or paper) as shown Note, none of the communications are
> > > > between an attorney and the client of that attorney Thus, none are
> > > > within the attorney -client privilege or any other privilege which
> > > > would prevent disclosure
> >»
> > > > 1 Attorney for DCP, Patrick Groom All communications starting
> > > > from June 1, 2018 to Jan 23, 2019 between Mr Groom and any of the
> > > > following Bruce Barker, B Kirkmeyer and/or any of the other Weld
> > > > County Commissioners, Bonanza Creek including any of its attorneys
> >»
> > > > 2 County Attorney Bruce Barker All communications starting from
> > > > Jan 1, 2014 to Jan 23, 2019 between Mr Barker and DCP including
> > > > any of its affiliate companies and any of its attorneys
> >»
> > > > 3 County Commissioner Barbara Kirkmeyer All communications
> > > > starting from Jan 1, 2014 to Jan 23, 2019 between Ms Kirkmeyer and
> > > > DCP including any of its affiliate companies and any of its
> > > > attorneys
> >»
>> » Bill Danks
> >»
> >»
> > > > On Thu, Dec 27, 2018 at 5 08 PM William Danks <wcdanks@edanks corn> wrote
»»>
> > > > > To Paul Park as agent for Bonanza, Weld County Commissioners, and
> > > > > Weld County Attorney Barker
»»>
»»>
»»>
> > > > > Motion to Disqualify County Commissioners Moreno, Conway, Cozad,
> > > > > Freeman, Kirkmeyer and County Attorney Barker from participating in
> > > > > the Commission hearing on Bonanza Application USR 18-0099
»»>
> > > > > The disqualification is for the following reasons
»»>
> > > > > 1 The December 19, 2018 final hearing on Bonanza Application
> > > > > USR 18-0099 was postponed under circumstances which raise serious
> > > > > issues concerning the Commissioners' abilities to render a fair and
> > > > > impartial decision on the merits of the application
»»>
> > > > > 2 Article 3 of the Colorado Constitution and the common law on
> > > > > conflicts (discussed in my email dated November 11, 2018, a copy of
24
18 William Danks email chain working back from this email which is
dated Jan 1, 2019 are emails dated Dec 27, Dec 11, Dec 22, Dec
11, Dec 10, Nov 30, Nov 29, Nov 28, Nov 24, Nov 16, Nov 12
> > > > > which is reproduced below) prohibits the Commissioners from making
> > > > > judicial decisions while also making legislative and executive
> > > > > decisions on the same subject matter
» »>
> > > > > The undisputed facts on #1, are as follows
» »>
> > > > > Sometime prior to December 19, 2018, Attorney Groom had communications
> > > > > with Weld County officials requesting a continuance of the December 19
> > > > > hearing One or more of the Weld County Commissioners advised the
> > > > > clerks that the December 19 hearing would be postponed until December
> > > > > 26 None of the many opponents to the December 19 hearing were
> > > > > informed that there would be a continuance Some opponents attended
> > > > > the hearing Prior to December 19 and without any public disclosure,
> > > > > the Commission agreed to the postponement of December 19 and
> > > > > tentatively agreed to a December 26 hearing date At no time during
> > > > > the public hearing on December 19 did Attorney Groom give to the
> > > > > Commissioners any reason for requesting the continuance, such as an
> > > > > evidence problem due to the unavailability of a supporting witness on
> > > > > December 19 and that witness's availability on December 26
»»>
> > > > > Based on these undisputed facts, it is highly likely that Attorney
> > > > > Groom during communications with Weld County officials learned which
> > > > > Commissioners would be present on December 19 and which Commissioners
> > > > > would be present on December 26 With this information, Attorney
> > > > > Groom could determine whether Application USR 18-0099 would be
> > > > > defeated on December 19 and passed on December 26 With a sworn
> > > > > affidavit, Attorney Groom should state whether this likelihood is an
> > > > > undisputed fact
» »>
> > > > > On December 19, 2018, unaware of the above undisputed facts, I arrived
> > > > > for the scheduled hearing before the Commissioners on Bonanza
> > > > > Application USR 18-0099 At the entry to the hearing room, I looked
> > > > > for a copy of the agenda so that I could determine when the Commission
> > > > > would hear the Bonanza Application Finding no Agenda posted, I went
> > > > > to the office of the Clerk for the Commission There a group of three
> > > > > clerks told me that the Bonanza Application had been postponed at the
> > > > > request of Attorney Groom and that it was going to be rescheduled for
> > > > > December 26, 2018 I stated that neither I nor any of the other
> > > > > neighbors protesting the application had heard about the postponement
> > > > > and that we were present for the hearing I further said that my wife
> > > > > and I would not be able to come on December 26 One of the clerks
> > > > > stated that we could ask the commissioners for a different date
» »>
> > > > > I proceeded to the hearing room and met with Attorney Groom I asked
> > > > > Attorney Groom why he had not given any of the protestors any advance
> > > > > notice that he had requested a postponement and a re -scheduling to
> > > > > December 26 He gave no response I then asked him whom he had
> > > > > contacted at Weld County to secure the postponement After some
> > > > > hesitation, he said Kim Ogle (Planner with the Planning Department who
> > > > > was assigned to this Application) I told Attorney Groom that we
> > > > > could not attend on December 26, to which he gave no response
» »>
> > > > > Following a recess, three Commissioners chaired by Commissioner
> > > > > Kirkmeyer and joined by Commissioners Cozad and Freeman, re -convened
> > > > > and called the 10 a m docket The docket consisted of the Bonanza
> > > > > Application and the Applications of three other companies All four
25
> > > > > applications were seeking an industrial use in an agriculture zone
> > > > > under the USR (Use for Special Review) procedure
» »>
> > > > > At this time, Commissioner Kirkmeyer asked all four applicants to come
> > > > > forward Attorney Groom stepped forward and identified himself as
> > > > > attorney for DCP Midstream Attorneys (or representatives, it was
> > > > > unclear which) for the other three applicants (Rocky Mountain
> > > > > Midstream LLC for USR 18-0098, DJ South Gathering LLC for USR 18-0099,
> > > > > and USR 18-0140 for Outrigger DJ Operating, LLC) stepped forward
> > > > > Commissioner Kirkmeyer told them that since there were only three
> > > > > Commissioners present, they had the option to proceed or not proceed
> > > > > She explained that if they did proceed, each of their applications
> > > > > would have to receive the approval of all three commissioners present
> > > > > (Kirkmeyer, Cozad and Freeman) in order for the application to be
> > > > > granted (In the Clerk's office, none of the three clerks had
> > > > > mentioned anything to me about the number of Commissioners who would
> > > > > be attending the hearing or the number of affirmative votes which
> > > > > would be required to approve an application )
» »>
> > > > > Despite being told that a negative vote by any of the three
> > > > > Commissioners present would cause their applications to be denied and
> > > > > without an opportunity to discuss this "new" news with their clients,
> > > > > the other three applicants stated without any hesitation that they
> > > > > wanted to proceed Attorney Groom, also without any hesitation or
> > > > > need to discuss with his clients, stated that he as attorney for DCP
> > > > > Midstream did not want to proceed and wanted Application USR 18-0099
> > > > > postponed to December 26
» »>
> > > > > All of this gave the appearance that none of this was "new" news to
> > > > > any of the four companies who had applications scheduled for final
> > > > > decision on December 19 All four gave the appearance that they had
> > > > > previously considered the situation and knew exactly what they were
> > > > > going to do, i e go forward with the three commissioners or rather in
> > > > > the case of Mr Groom, not go forward and ask for a postponement to
>> >> > December 26
» »>
> > > > > My wife, Noblet Danks, then raised her hand and she spoke in
> > > > > opposition to the continuance, stating inter alia, that Attorney Groom
> > > > > did not have the legal authority to speak for Bonanza or the legal
> > > > > authority to ask for a postponement of Bonanza's Application She
> > > > > stated that she and other opponents of the application were present in
> > > > > the hearing room and wanted to have the hearing that they had come
> > > > > for She did not state what we had stated to the three clerks in the
> > > > > clerk's office, that we would be unable to attend on December 26
» »>
> > > > > Commissioner Kirkmeyer appeared ready to grant the December 26 date
> > > > > but Commissioner Cozad spoke, saying that December 26, the day after a
> > > > > major holiday, might possibly be difficult for some to attend
> > > > > Commissioner Kirkmeyer then asked for a show of hands from the
> > > > > protesting neighbors to indicate who would be unable to attend on
> > > > > December 26 A number raised their hands CommissionerKirkmeyer then
> > > > > called on Attorney Groom who again reiterated that he wanted the
> > > > > hearing on December 26 and Commissioner Cozad indicated her
> > > > > disagreement to December 26 perhaps by only turning toward
> > > > > Commissioner Kirkmeyer Chair Kirkmeyer then cut-off further
> > > > > discussion and called for an immediate vote on a postponement to a
26
> > > > > hearing date of January 23, 2019 All three commissioners then voted
> > > > > in favor of the postponement to January 23, 2019
» »>
> > > > > On December 19, all three Commissioners (Kirkmeyer, Cozad and Freeman)
> > > > > voted in favor and thus the Commission approved the other three
> > > > > applications for Use by Special Review to place an industrial use on
> > > > > property zoned for agriculture (Commissioners Moreno and Conway not
> > > > > participating since they were absent on December 19 ) Thus, the
> > > > > "immediate" decision to proceed of the other three oil companies
> > > > > turned out to be the correct decision for those three companies One
> > > > > would think that their clients would have been terribly upset if the
> > > > > decision to proceed turned out to be a bad decision since, from all
> > > > > appearances at the hearing, the decision to proceed was made without
> > > > > any real consultation with their clients
» »>
> > > > > On December 26, 4 of the 5 Commissioners were present, Moreno,
> > > > > Kirkmeyer, Cozad and Freeman Commissioner Conway was again absent
> > > > > These four Commissioners considered two more applications for Use by
> > > > > Special Review — one being approved and one being referred back to the
> > > > > Planning Department
» »>
> > > > > At no time on December 19 did Attorney Groom state to me in our
> > > > > private discussions that he was requesting a postponement because of a
> > > > > witness who could not be present on December 19 but could be present
> > > > > on December 26 Nor did he give to me any other evidentiary problem
> > > > > on December 19 which motivated him to ask for a continuance of the
> > > > > date
» »>
> > > > > From the facts disclosed, Attorney Groom spoke, prior to December 19,
> > > > > with either a Commissioner or with Attorney Bruce Barker or with
> > > > > Planner Kim Ogle or with another Weld County official to seek a
> > > > > postponement He did not advise any of the application's opponents of
> > > > > that conversation It appears likely that during that conversation,
> > > > > he somehow learned which Commissioners were going to be present on
> > > > > December 19 and which Commissioners were going to be present on
> > > > > December 26 He did not share what he learned with the application's
> > > > > opponents Somehow, he then made a determination that the
> > > > > Commissioners present on December 19 would deny the application and
> > > > > that the Commissioners present on December 26 would grant the
> > > > > application
» »>
> > > > > The appearance if not the actual fact of the postponement is as
> > > > > follows Attorney Groom concluded sometime before December 19
> > > > > that Commissioner Cozad would vote against the Bonanza application on
> > > > > December 19 and the application would thereby be denied Attorney
> > > > > Groom further concluded sometime before December 19 that at the
> > > > > Commission hearing on December 26, three Commissioners, (Kirkmeyer,
> > > > > Freeman and Moreno) would vote for the Bonanza application and it
> > > > > would be approved
» »>
> > > > > Based on the appearance if not the actual fact of serious concerns
> > > > > about the integrity of any decision by the present Commissioners, I
> > > > > request that all of the facts concerning the postponement and any
> > > > > communications between Attorney Groom and any Weld County official or
> > > > > employee concerning Application USR 18-099 after December 5, 2018 be
> > > > > made public
27
» »>
> > > > > Public statements are needed from at least the following Attorney
> > > > > Groom, County Attorney Barker, Commissioner Kirkmeyer, and
> > > > > Commissioner Cozad
» »>
> > > > > These statements should be made either at a hearing under oath and
> > > > > subject to cross examination or at a minimum by sworn affidavit
» »>
> > > > > Furthermore, the three clerks who very honestly stated to us in the
> > > > > Clerk's office when we sought to get an agenda for the December 19
> > > > > proceedings that the Bonanza Application had been postponed from
> > > > > December 19 to December 26 and said that we could ask the
> > > > > Commissioners for a different date since we could not be present on
> > > > > December 26, should not be punished in any manner They were being
> > > > > courteous public servants
» »>
> > > > > In addition to the grounds stated above, some of the other grounds for
> > > > > the disqualification are set forth in my email which was sent on
> > > > > December 11, 2018 A copy of the email is reproduced below This is a
> > > > > serious legal argument based upon Article III of the Colorado
> > > > > Constitution and the common law conflicts of interest which disqualify
> > > > > a person from sitting in a judicial capacity such as the one which the
> > > > > Commissioners propose to hold on January 23, 2019 on Bonanza
> > > > > application USR 18-0099
» »>
> > > > > If either Weld County Government or Bonanza disagrees to this motion
> > > > > for disqualification, a thoughtful legal brief should be written in
> > > > > opposition at this time and before any hearing by the Commissioners
» »>
> >> > Bill Danks
» »>
» »>
» »>
> > > > > From William Danks <wcdanks@edanks corn>
> > > > > Date Tue, Dec 11, 2018 at 1 23 PM
> > > > > Subject Re contact info
> > > > > To <ppark@dcpmidstream corn>, <kogle@weldgov corn>, Mike Freeman
> > > > > <mfreeman@weldgov corn>, Sean Conway <sconway@weldgov corn>, Steve
> > > > > Moreno <smoreno@weldgov corn>, Julie Cozad <jcozad@weldgov corn>, Bruce
> > > > > Barker <bbarker@weldgov corn>, Mike Livengood <mlivengood@weldgov corn>
» »>
» »>
> > > > > DCP Representative Paul Park, Weld County Commissioners, County Attorney Barker,
» »>
> > > > > All of the arguments stated in this chain of emails are submitted in
> > > > > opposition to the Application of DCP which is scheduled to be heard by
> > > > > the Weld County Commissioners on December 19, 2018
» »>
> > > > > In addition, I object any and all of the Weld County Commissioners
> > > > > acting as the judicial decision makers in deciding whether or not to
> > > > > approve the DCP Application
» »>
> > > > > The structure of the Weld County government in which the Commissioners
> > > > > act in a judicial, executive and legislative capacity violate the
> > > > > separation of powers They cannot sit as an impartial and fair
> > > > > tribunal to decide the judicial question of the application because
28
> > > > > of their past actions in this matter as a legislative and executive
> >> > body
» »>
> > > > > Furthermore, I object to County Attorney Barker advising or assisting
> > > > > in any manner the Commissioners or any other person or persons who sit
> > > > > in a judicial capacity to make an ultimate decision on the application
> > > > > of DCP because of the County Attorney's conflict of interest in
> > > > > representing the Weld County Commissioners in their legislative and
> > > > > executive functions of first enacting the zoning laws and then
> > > > > implementing those zoning laws
» »>
> > > > > In addition to the common law conflict of interest of the
> > > > > Commissioners acting in a judicial role following their legislative
> > > > > and executive roles, the Commissioners are disqualified by virtue of
> > > > > Article 3 of the Constitution of Colorado which states
» »>
> > > > > "Art III Distribution of Powers
» »>
> > > > > The powers of the government of this state are divided into three
> > > > > distinct departments, --the Legislative, Executive and Judicial, and
> > > > > no person or collection of persons charged with the exercise of powers
> > > > > properly belonging to one of these departments shall exercise any
> > > > > power properly belonging to either of the others, except as in this
> > > > > Constitution expressly directed or permitted "
» »>
> > > > > Furthermore, I object to the DCP application because Weld County
> > > > > Attorney Barker has failed to provide the information needed in order
> > > > > for me to fully object to the application and because DCP has failed
> > > > > to provide the information which I requested from DCP
»»>
> > > > > In the alternative, I request that the hearing be postponed until the
> > > > > information is provided
»»>
> > > > > I have received no response from Paul Park nor anyone else on behalf
> > > > > of DCP to these emails Therefore the arguments made in these emails
> > > > > stand uncontested by DCP
»»>
> >> > Bill Danks
» »>
</mlivengood@weldgov com></bbarker@weldgov com></jcozad@weldgov com></smoreno@weldgov com><
/sconway@weldgov com></mfreeman@weldgov com></kogle@weldgov com></ppark@dcpmidstream com><
/wcdanks@edanks com>
» »>
»»>
»»>
> > > > > On Sat, Dec 22, 2018 at 4 28 PM William Danks <wcdanks@edanks corn> wrote
>> >> >>
> > > > > > To Weld County Commissioners
>> >> >>
> > > > > > Motion to Dismiss Application USR 18-0099
>> >> >>
> > > > > > The Weld County Commissioners should dismiss this Application On the
> > > > > > face of the Application, the application cannot be granted
>> >> >>
> > > > > > This application is merely a hypothetical case Bonanza is not
> > > > > > authorized to build an interstate pipeline or a pumping station in
29
> > > > > > connection with that pipeline The Federal Energy Regulatory
> > > > > > Commission (FERC) regulates interstate pipeline companies Bonanza is
> > > > > > not an interstate pipeline company
> >>>»
> > > > > > As stated on the FERC web page at
> >>>»
> > > > > > https //urldefense proofpoint com/v2/url'7u=https-3A www ferc gov_industnes_gas_indus-
2Dact_pipelines asp&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=ylxwAFik4NylzLWMI PpNxRidKIUTKHSFsi
H2b_Lhi6w&m=0SUh_pAWNvnxUp9ixKN8xWY1 PA8xPeGEobu-jwPBeOo&s=PPXkK-
wErQi4SVztlyFLkBwRtm95T_Tg8P8tZWuWOQU&e=
>> >> >>
> > > > > > "FERC reviews applications for construction and operation of
> > > > > > interstate natural gas pipelines under authority of section 7 of the
> > > > > > Natural Gas Act FERC review ensures that applicants certify that they
> > > > > > will comply with Department of Transportation safety standards "
> >>>»
> > > > > > Furthermore, DCP has no ownership interest in this property which
> > > > > > would allow it to build a pumping station even if this Application is
> > > > > > granted
> >>>»
> > > > > > The Application of Bonanza refers to two parcels Bonanza owns both
> > > > > > parcels The Application only seeks to build on one of the two
> > > > > > parcels Therefore, the other parcel should not be part of any
> > > > > > application and should under all circumstances remain in its present
> > > > > > zoning of agricultural
> >>>»
> > > > > > This Application should be dismissed as it was a hypothetical case
> > > > > > when the application was filed
> >>>»
> > > > > > Stated bluntly, Attorney Patrick Groom has created a fictional application
> > > > > > through his misuse of the legal doctrine of "agency" An agent acts
> > > > > > on behalf of a principal The principal is Bonanza On behalf of
> > > > > > Bonanza, Paul Park as an individual was appointed as an agent for
> > > > > > Bonanza Paul Park filed the Application as the agent for Bonanza
> > > > > > This is clearly stated in the Application
> >>>»
> > > > > > The Agenda for December 19, 2018 states Bonanza Creek Energy
> > > > > > Operating Company, LLC, c/o DCP
> > > > > > Operating Company, LP The "c/o DCP Operating Company, LP" is a
> > > > > > complete misstatement DCP Operating Company, LP has no legal right
> > > > > > of any kind whatsoever in this
> > > > > > Application
>> >> >>
> > > > > > In this case, the owner of the property (Bonanza) asks in its
> > > > > > Application that the zoning be changed from agriculture to industrial
> > > > > > so that a pumping station for an interstate pipeline can be installed
> > > on the land
>> >> >>
> > > > > > The owner of the property may appoint an "agent" to act on its behalf
> >>>»
> > > > > > In this Application, Bonanza filed papers naming four different individual
> > > > > > people as its agents Paul Park, Christine White, Lew Hagenlock, and
> > > > > > Patrick Groom These are the agents who are named on the
> > > > > > Authorization Forms found at pp 2, 3, 4 & 5 of the Application
> >>>»
> > > > > > Bonanza, however, did not appoint DCP Operating Company LP as its agent
30
>> >> >>
> > > > > > The face of the Application states that if an agent is filing on
> > > > > > behalf of a company (such as Bonanza), there must be a document signed
> > > > > > under oath before a notary, that the person signing on behalf of
> > > > > > Notary has the authority to appoint an agent to act on behalf of the
> > > > > > company For example, the wording of the Application form requires a
> > > > > > statement such as "I as President of Bonanza do solemnly swear
> > > > > > before the undersigned Notary that I am authorized to appoint an agent
> > > > > > to act on behalf of Bonanza and do hereby appoint Paul Park to make
> > > > > > this Application on behalf of Bonanza "
>> >> >>
> > > > > > The Application in this case states in pertinent part as follows
»»»
> > > > > > "APPLICANT OR AUTHORIZED AGENT (see below Authorization must
> > > > > > accompany all applications signed by Authorized Agents)
>> >> >>
> >> >> Name Paul Park
>> >> >>
>> >> >>
>> >> >>
> > > > > > "Signatures of all fee owners of property must sign this application
> > > > > > If an Authorized Agent signs, a letter of authorization from all fee
> > > > > > owners must be included with the application If a corporation is the
> > > > > > fee owner, notarized evidence must be included indicating that the
> > > > > > signatory has to (sic) legal authority to sign for the corporation
>> >> >>
> > > > > > "Signature Owner or Authorized Agent
>> >> >>
> >> > "Paul D Park"
>> >> >>
> > > > > > There is no "notarized evidence" from Bonanza Creek Operating Company
> > > > > > LLC stating that Paul D Park has the "legal authority to sign for the
> > > > > > corporation
>> >> >>
> > > > > > The only evidence submitted in support of appointing Paul Park as
> > > > > > agent, is the Authorization Form
> > > > > > However, the Authorization Form for Paul Park, was not signed under
> > > > > > oath before a notary and the person signing it as owner does not swear
> > > > > > that he has the authority to appoint an agent for Bonanza
>> >> >>
> > > > > > The Authorization form has an illegible handwritten signature (
> > > > > > possibly Maxwell Faith) with the
> > > > > > printed handwriting "Attorney in Fact"
>> >> >>
> > > > > > In addition to the fact that the signature was not before a notary,
> > > > > > the records of the Colorado Supreme Court of attorneys who are
> > > > > > licensed in the State of Colorado, has no listing for an attorney
> > > > > > by the name of Maxwell Faith See
>> >> >>
> > > > > > https //urldefense proofpoint com/v2/url'u=http-
3A_coloradosupremecourt com_Search_AttSearch asp&d=DwIFaQ&c=A8J9jb3_CIsSlatombqkDA&r=y1xwA
Fik4NylzLWMIPpNxRidKiUTKHSFsiH2b_Lhi6w&m=OSUh_pAWNvnxUp9ixKN8xWY1 PA8xPeGEobu-
jwPBeOo&s=aL1_kefeB9l-0g9fk56k5HgW9TP-Ckg2FltgAvYWxCc&e=
> >>>»
> > > > > > As an additional reason for dismissing the Application, no one
> > > > > > appeared on behalf of Bonanza on the date of December 19, 2018 when
31
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>> >> >>
>> >> >>
the application was scheduled for final hearing before the
Commissioners
At the hearing on December 19, 2018, Attorney Groom asked for a
postponement of the hearing He made this request as the Attorney for
DCP Operating Company, LP not on behalf of Bonanza
While AttorneyGroom could have stated that he appeared at the
Planning Commission
hearing on Dec 4, 2018 as an attorney for Bonanza and at the December
19, 2018 hearing, it is probable that he does not have a written fee
agreement with Bonanza which would enable him to represent Bonanza
under the rules governing attorneys Regardless, he did not appear as
attorney for Bonanza
Since no one on behalf of Bonanza said anything at the December 19,
2018 hearing, the application should have been dismissed at that time
for failure of anyone to appear on behalf of the applicant
In addition, the Application should be dismissed because when the
Application was filed, it presented merely a hypothetical situation
At the time that the application was filed
1 DCP had no ownership interest in the property which would
allow it to build a pumping station on the property,
2 There was no grant of authority from Bonanza to DCP to build a
pumping station for Bonanza, and
3 Even if there would have been such a grant of authority for DCP to
build a pumping station for Bonanza, Bonanza in not an interstate
pipeline company and in not permitted under FERC to build and own a
pumping station on an interstate pipeline It is also probable that
Bonanza has violated FERC regulations by even filing this application
Nevertheless, this is all hypothetical since it is clear that Bonanza
does not contemplate building such a pumping station This all a legal
fiction created by Attorney Groom through his misuse and distortion of
the doctrine of agency
Bill Danks
On Tue, Dec 11, 2018 at 12 26 PM William Danks <wcdanks@edanks corn> wrote
>
> County Attorney Barker,
>
> Communications to and from DCP cannot be privileged You cannot
> possibly be the attorney for DCP so there is no attorney client
> privilege Please obey the law
>
> "All emails and all other communications (paper or digital) from
> January 1, 2014 to November 28, 2018 to and / or from DCP Midstream
> (and any related companies or agents including their attorneys) which
> are contained in The Office of the Weld County Attorney "
>
> Attorney Barker, you have a pattern of violating the Open Records Act
> See your refusal to supply documents in the fraudulent scheme to
> transfer funds through United Way See also your refusal to supply
32
> > > > > > > documents in the Martin Marietta case
»»»>
> >> » > Bill Danks
> > > > > > > On Mon, Dec 10, 2018 at 5 10 PM Bruce Barker <bbarker@weldgov com> wrote
»»»»
»»»» Mr Danks
>> >> >> »
> > > > > > > > I received your check in the sum of $120 last Thursday
>> >> >> >>
> > > > > > > > The emails and other communications you request are privileged The Board of County
Commissioners does not wish to waive the privilege Privileged records are exempt from inspection pursuant
to CRS 24-72-204(3)(a)(IV) Therefore I will be sending your check back via U S Mail
>> >> >> >>
»»»» Bruce Barker, Esq
> > > > > > > > Weld County Attorney
»»»» P O Box 758
> >> >> » 1150 "O" Street
> > > > > > > > Greeley, CO 80632
> > > > > > > > (970) 356-4000, Ext 4390
> > > > > > > > Fax (970) 352-0242
>> >> >> >>
>> >> >> >>
>> >> >> >>
> > > > > > > > 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
attorney privileged and 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
>> >> >> >>
> > >> >> Original Message
> > > > > > > > From William Danks <wcdanks@edanks com>
> > > > > > > > Sent Friday, November 30, 2018 8 44 AM
> > > > > > > > To Bruce Barker <bbarker@weldgov corn>
> > > > > > > > Cc PPark@dcpmidstream corn, Kim Ogle <kogle@weldgov corn>, Sean Conway
<sconway@weldgov corn>, Julie Cozad <jcozad@weldgov corn>, Mike Livengood
<mlivengood@weldgov corn>, Mike Freeman <mfreeman@weldgov corn>, Steve Moreno
<smoreno@weldgov corn>
> > >> > Subject Re contact info
>> >> >> >>
> > > > > > > > Caution This email originated from outside of Weld County Government Do not click links or
open attachments unless you recognize the sender and know the content is safe
>> >> >> >>
>> >> >> >>
» »»» Mr Barker,
>> >> >> >>
> > > > > > > > In order to have at least some of the documents before the hearing on Dec 4, 2018, I am
amending my Open Records Act request to only records contained in your County Attorney Office I am also
placing in the mail to you today a check for $120 Hopefully, the record search of your office can be completed
so that I can at least have your records by the time of the hearing Thus, the changed portion of my Open
Records Request reads as follows
>> >> >> >>
> > > > > > > > "To Custodian of Records County Attorney Bruce Barker
» »»»>
> > > > > > > > > Weld County Government
» »»»> 1150OSt
33
> > > >> > Greeley, CO 80631
» »»»>
> > > > > > > > > Dear County Attorney Bruce Barker
» »»»>
> > > > > > > > > Pursuant to the Colorado Open Records Act § 24-72-201 et seq , I
> > > > > > > > > request that you make available for inspection and copying the
> > > > > > > > > following public records
» »»»>
> > > > > > > > > 1 All emails and all other communications (paper or digital) from January 1, 2014 to
November 28, 2018 to and / or from DCP Midstream (and any related companies or agents including their
attorneys) which are contained in The Office of the Weld County Attorney "
>> >> >> >>
> > > > > > > > The remainder of the request reads the same
>> >> >> >>
»»»» Bill Danks
>> >> >> >>
>> >> >> >>
>> >> >> >>
> > > > > > > > On Thu, Nov 29, 2018 at 8 43 AM Bruce Barker <bbarker@weldgov corn> wrote
»»»»>
»»»»>Mr Danks
»»»»>
> > > > > > > > > I have forwarded your request to Ryan Rose, Director, Weld County Information Technology,
to collect the records you have requested Ryan estimates doing this work will take him approximately 3 hours
I will then need to review the records to determine if they are "public records," pursuant to CRS 24-72-202(6)
If they are "public records" according to that definition, I will then determine if they are subject to inspection in
accordance with CRS 24-72-203 and 24-72-204 I expect my review will take about 2 hours All told, I
estimate the time Ryan and his staff and I will spend to comply with your request will be 5 hours Pursuant to
CRS 24-72-205(6)(a), the first hour is free, but each hour spent thereafter is to be charged at $30 per hour
Please see Item 6 in the attached Appendix 5-D from the Weld County Code which explains the fee schedule
The total will be $120 That amount must be paid in advance of any further time being spent by Ryan and his
staff and by me Payment should be made payable to "Weld County, Colorado "
»»»»>
> > > > > > > > > Please let me know if you have any questions
»»»»>
>>>>>>>>> Bruce Barker, Esq
>> >> > • > > Weld County Attorney
»»»»>PO Box758
> > > • » > 1150 "O" Street
> > >> » > Greeley, CO 80632
> > > > > > > > > (970) 356-4000, Ext 4390
> > >> » > Fax (970) 352-0242
»»»»>
»»»»>
» »»»>
> > > > > > > > > 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
attorney privileged and 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
» »»»>
> >> >> » > Original Message
> > > > > > > > > From William Danks <wcdanks@edanks corn>
> > > > > > > > > Sent Wednesday, November 28, 2018 8 33 AM
> > > > > > > > > To PPark@dcpmidstream corn, Kim Ogle <kogle@weldgov corn>, Sean Conway
34
> > > > > > > > > <sconway@weldgov corn>, Bruce Barker <bbarker@weldgov corn>, Julie Cozad
> > > > > > > > > <jcozad@weldgov com>, Mike Livengood <mlivengood@weldgov corn>, Mike
> > > > > > > > > Freeman <mfreeman@weldgov corn>, Steve Moreno <smoreno@weldgov corn>
> > >> >> > Subject Re contact info
» »»»>
> > > > > > > > > Caution This email originated from outside of Weld County Government Do not click links or
open attachments unless you recognize the sender and know the content is safe
» »»»>
» »»»>
> > > > > > > > > To Custodian of Records County Attorney Bruce Barker, Weld County
> > > > > > > > > Commissioners, Weld County Planner Kim Ogle
>> >> >> >> >>
> > > > > > > > > > Weld County Government
»»»»»1150OSt
> > > > > > > > > > Greeley, CO 80631
>> >> >> >> >>
> > > > > > > > > > Dear County Attorney Bruce Barker, Weld County Commissioners, Weld
> > > > > > > > > > County Planner Kim Ogle
>> >> >> >> >>
> > > > > > > > > > Pursuant to the Colorado Open Records Act § 24-72-201 et seq , I
> > > > > > > > > > request that you make available for inspection and copying the
> > > > > > > > > > following public records
>> >> >> >> >>
> > > > > > > > > > 1 All emails and all other communications (paper or digital) from January 1, 2014 to
November 28, 2018 to and from DCP Midstream (and any related companies or agents including their
attorneys and agents) and
> > > > > > > > > a The Office of the Weld County Attorney b Any of the Weld County
> > > > > > > > > Commissioners c The Weld County Planning Department
>> >> >> >> >>
»»»»» >
> > > > > > > > > > If you are not the custodian of records for this request, please
> > > > > > > > > >forward this letter to the appropriate person or let me know which
> > > > > > > > > > person(s) has custody of these records I request a waiver of all
> > > > > > > > > >fees for searching or copying these records in that the disclosure of
> > > > > > > > > >the requested information is in the public interest and will
> > > > > > > > > >contribute significantly to the public's understanding
> > > > > > > > > > This information is not being sought for commercial purposes If
> > > > > > > > > >there are any fees for searching or copying these records, please
> > > > > > > > > >inform me if the cost will exceed $30
> > > > > > > > > > Please set a date and hour, within three working days following
> > > > > > > > > >receipt of this letter, at which time the records will be made
> > > > > > > > > >available for inspection, as required by § 24-72-203(2), C R S If
> > > > > > > > > >access to these records will take longer, please cite the extenuating
> > > > > > > > > >circumstances and let me know when I should expect copies or the
> > > > > > > > > >ability to inspect the requested records
> > > > > > > > > > I ask that records available in electronic format be transmitted by
> > > > > > > > > >email to wcdanks@edanks corn
> > > > > > > > > > If you deny any portion, or all, of this request, please provide me
> > > > > > > > > >with a written explanation of the reason(s) for your denial,
> > > > > > > > > >including a citation to each specific statutory exemption you feel
> > > > > > > > > >justifies the refusal to release the information and notify me of the
> > > > > > > > > >appeal procedures available to me under the law If you conclude that
> > > > > > > > > >portions of the records that I request are exempt from disclosure,
> > > > > > > > > >please release the remainder of such records for inspection and
> > > > > > > > > >copying, redacting only the portion or portions that you claim are
> > > > > > > > > >exempt Thank you for considering my request
35
>> >> >> >> >>
> >> >> >> >> Sincerely, William C Danks
> >> > > > (970) 395-0495]
> > > > > > > > > > wcdanks@edanks corn]
> > > > > > > > > On Sat, Nov 24, 2018 at 4 47 PM William Danks <wcdanks@edanks corn> wrote
>> >> >> >> >>
» »»»» Paul,
>> >> >> >> >>
> > > > > > > > > > I have not heard from you since our telephone conversation on Nov
» »»»» 12
> > > > > > > > > > - "Great talking to you Look forward to talking to you again "
»»»»»
> > > > > > > > > > We are rapidly approaching the Dec 4 hearing date There is a lot
> > > > > > > > > > of information which I need from you in order to be prepared for the
»»»»» hearing
>> >> >> >> >>
> > >> >> >> In this case, I see two major issues
> > > > > > > > > > 1 Should DCP (in conjunction with all of the oil drilling
> > > > > > > > > > companies) have filed an application to essentially make a new
> > > > > > > > > > zoning map for Weld County instead of using the site by site re -zoning approach?
> > > > > > > > > > 2 Assuming that this application is not dismissed for failure to
> > > > > > > > > > file for a comprehensive re -zoning for the entire project, what are
> > > > > > > > > > the defects in the present application
>> >> >> >> >>
> > > > > > > > > > In this email, I will outline issue 1 above
>> >> >> >> >>
> > > > > > > > > > From the information on the web page for DPS Midstream, it is clear
> > > > > > > > > > that at least by late 2014, DCP had a master plan for the Grand
> > > > > > > > > > Parkway including and surrounding Greeley The Grand Parkway is a
> > > > > > > > > > 62 mile pipeline around Greeley to transport all of the natural gas
> > > > > > > > > > which would be produced by all of the wells drilled within and
> > > > > > > > > > outside of the circle This project required DCP to learn from each
> > > > > > > > > > of the drilling companies where they planned to drill their wells
> > > > > > > > > > and the expected out -put of natural gas from each of the wells It
> > > > > > > > > > further required co-ordination with the company (NGL) which would
> > > > > > > > > > dispose of the "produced fluid" in injection wells and the tanker
> > > > > > > > > > trucks to carry this "produced fluid" to the injection wells from
> > > > > > > > > > the well sites It further required co-ordination with suppliers of
> > > > > > > > > > water to be used in the drilling and sites for the disposal of the
> > > > > > > > > > "drilling mud " If further required co-ordination for the massive
> > > >> >> impact on the public roads
>> >> >> >> >>
> > > > > > > > > > Thus, please provide all of the information which DPS obtained from
> > > > > > > > > > all of the drilling companies etc which was used by DCP in
> > > > > > > > > > preparing this massive project and the actual plans of DCP for the project
> > > > > > > > > > Please also provide all communications with all of the governmental
> > > > > > > > > > entities within the area of the Grand Parkway, e g the City of
> > > > > > > > > > Greeley and all of the other municipalities and Weld County
> > > > > > > > > > Government Also, please also provide all communications with the
> > > > > > > > > > regulatory agencies of the State of Colorado concerning this massive
»»»»» project
>> >> >> >> >>
> > > > > > > > > > Please also provide the names and case numbers of all of the
> > > > > > > > > > applications filed by DCP Midstream for Special Use Permits Sec
> > > > > > > > > > 23-2-200 -Uses by Special Review
>> >> >> >> >>
36
> > > > > > > > > > Please also provide names and case numbers of all of the TWOGLA
> > > > > > > > > > (WELD OIL & GAS LOCATION ASSESSMENT) applications These well
> > > > > > > > > > drilling sites are also clearly industrial uses These drilling
> > > > > > > > > > sites are now containing over twenty (20) tanks and other equipment
> > > > > > > > > > which is far different than the one tank and one separator needed
> > > > > > > > > > for the old horizontal wells which had four wells on 160 acres
>> >> >> >> >>
> > > > > > > > > > The Grand Parkway including all of the wells, processing plants etc
> > > > > > > > > > are clearly industrial uses The existing Weld County Zoning Map
> > > > > > > > > > does have certain land in Weld County designated for industrial use
> > > > > > > > > > However, the vast majority of this massive project is in areas which
> > > > > > > > > > are zoned agricultural, with a lesser amount in areas zoned
> > > > > > > > > > commercial or residential Instead of the some 100+ applications for
> > > > > > > > > > Special Use and TWOGLA (WELD OIL & GAS LOCATION ASSESSMENT) , a new
> > > > > > > > > > or vastly amended zoning plan for Weld County should have been made
> > > > > > > > > > and this application should be denied for failing to conform to the
> > > > > > > > > > master zoning plan
>> >> >> >> >>
> > > > > > > > > > The arguments made by the Ireland Stapleton I
37
Selena Baltierra
From:
Sent:
To:
Subject:
Kim Ogle
Wednesday, February 6, 2019 1:18 PM
Esther Gesick; Selena Baltierra; Chloe Rempel; Jessica Reid
FW: Weld Commissioners + Spot Zoning + National News
Please add to file, USR18-0099
Thank you
Kim Ogle
Planner
Weld County Planning Services
1555 North 17th Avenue
Greeley, Colorado 80631
970.400.3549 Direct
970.353.6100 x 3540 Office
kogle@weldgov.com
Original Message
From: William Danks <wcdanks@edanks.com>
Sent: Wednesday, February 6, 2019 11:57 AM
To: Bruce Barker <bbarker@weldgov.com>; Park, Paul D <PPark@dcpmidstream.com>; Kim Ogle
< kogle@weldgov.com>; Sean Conway <sconway@weldgov.com>; Bruce Barker <bbarker@weldgov.com>;
Mike Livengood <mlivengood@weldgov.com>; Mike Freeman <mfreeman@weldgov.com>; Steve Moreno
< smoreno@weldgov.com>; edmillage@comcast.net; tsilvy@greeleytribune.com; uwwc@unitedway-weld.org;
info@unitedwaydenver.org; info@unitedwayfoothills.org; Weld District Attorney <weldda@co.weld.co.us>;
Barney Hammond <Barney.Hammond@pdce.com>; Andrew Fiske <Andrew.Fiske@pdce.com>:
mlacis@irelandstapleton.com; jsilvestro@irelandstapleton.com; Barbara Kirkmeyer
< bkirkmeyer@weldgov.com>; Scott James <me@scottkjames.com>; Scott James <sjames@weldgov.com>;
Patrick Groom <PGroom@wobjlaw.com>; Amy Ritt <amyritt@aol.com>; testep@law.du.edu;
TGordon@hollandhart.com; Tom.Davis@4dacquisition.com; Tim.Davis@4dacquisition.com; Todd Miller
<tmiller@hollandhart.com>; Terry.Spencer@oneok.com: info@thowardlaw.com; Kaufmann, Lisa
< Lisa.Kaufmann@mail.house.gov>; SCHOOL-COMMUNITYRELATIONS@greeleyschools.org;
SERVIN@greeleyschools.org; CPACHECO1 @greeleyschools.org; Matt Sura <mattsura.law@gmail.com>;
Stacy.Suniga@greeleygov.com; phil.weiser@colorado.edu
Subject: Re: Weld Commissioners + Spot Zoning + National News
Caution: This email originated from outside of Weld County Government. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
To: Weld County Attorney Barker
Re: Draft Complaint
Unlike the possible claims for common law fraud etc. which I discussed
in my email dated January 31, 2019, this Complaint can be decided as a
matter of law. Therefore, if necessary, I believe that I can file this
1
case pro se
If you have any comments about anything in the Draft', now is the time
to speak up
Bill Danks
District Court, Weld County, Colorado
Plaintiff William C Danks
Defendant Bruce Barker in his official capacity as County Attorney
for Weld County
Defendant The Board Of County Commissioners Of The County Of Weld
Defendant County of Weld, Colorado
Complaint
The plaintiff, William C Danks, has two claims for relief
First Claim - Colorado Open Records Act
Second Claim - Declaratory Judgment and Injunctive Relief Under Art
III of the Colorado Constitution
First Claim for Relief Colorado Open Records Act
1 JURISDICTION This action arises under the authority vested in
this Court by virtue of C R S § 24-72- 204(5)
2 Venue is proper in this Court pursuant to C R S § 24-72-204
3 C R S § 24-72-201 CORA creates a general presumption in favor
of public access to government documents, and in the absence of a
specific statute permitting the withholding of information, a public
official has no authority to deny any person access to public records
See Daniels v City of Commerce City, 988 P 2d 648,-650-51 (Colo App
1999) (citing Denver Publ'g Co v Dreyfus, 520 P 2d 104 (Colo
1974)), see also Denver Post Corp v Univ of Colorado, 739 P 2d 874,
877 (Colo App 1987)
4 The Plaintiff has made 3 Open Records requests to Defendant
Bruce Barker in his official capacity as County Attorney for Weld
County Each of the requests were made to County Attorney Barker for
records contained within the Office of the County Attorney The
requests were made to County Attorney Barker as custodian of Records -
of the Office of the County Attorney Each of the three requests were
denied by County Attorney Barker _
5 The Three Requests are set forth below
6 On October 24, 2018, the Plaintiff made an Open Records Request
to County Attorney Barker for "All ex parte communications that
occurred during the remand period from August 9, 2016 through October
5, 2016 between you, Weld County Attorney Barker or any member of your
staff and the attorneys for Martin Marietta Materials, Inc or any of
its affiliated companies See pp 41-47 of Ireland Stapleton Brief
7 On October,26, 2018, County Attorney Barker denied the request
2
stating "Mr Danks The email correspondence you request is
privileged communication myself, on behalf of the Board of County
Commissioners, and the attorneys for Martin Marietta Materials,
pursuant to a joint defense agreement Privileged communications are
not subject to inspection under the Colorado Open Records Act pursuant
to CRS 24-72-204(3)(a)(IV) As I result, I will not be providing you
with a copy of such email correspondence "
8 - The Weld County District Court had remanded the case to the Weld
County Commissioners to make specific findings of fact In making
those findings of fact, the Weld County Commissioners were acting in a
judicial capacity Therefore, the "joint defense agreement" is invalid
as to these ex parte communications
9 Therefore, Plaintiff seeks an order of this Court to compel the
Defendant to produce the documents pursuant to the Colorado Open
Records Act, CRS 24-72-201 et seq
10 On October 31,2018, the Plaintiff made an Open Records Request
to County Attorney Barker for Request 4 All documents in the
Office of the Weld County Attorney
which concern the use of United Way as a transfer conduit for the
funds described in the Greeley Tribune Article or in any other
transfer of funds from a third party thru United Way as a conduit to
Weld County Government Documents include both paper and electronic
If a document is not produced, state the reason and describe the
_document by date and author so that it can be identified if necessary
by the Court
11 On November 6, 2018, County Attorney Barker denied request 4
stating Response All documents in the Office of the Weld County
Attorney are
privileged work product and/or communications Privileged
communications are not subject to inspection under the Colorado Open
Records Act, pursuant to C R S § 24-72-204(3)(a)(IV) As a result, I
will not be providing you with a copy of the documents you request, if
any exist
12 In this November 6 return email, Plaintiff's computer was
attacked by County Attorney Barker's email
13 On November 8, 2018, Plaintiff replied stating Weld County
Attorney Barker,
In your email response to my Open Records request, you refuse to
provide any documents in your County Attorney's Office concerning the
transfer of funds through United Way Your response states in
pertinent part
"Response All documents in the Office of the Weld County Attorney
are privileged work product and/or communications As a result,
I will not be providing you with a copy of the documents you request,
if any exist " (See your email below )
Attorney Barker, what possible public purpose are you serving by
hiding documents concerning the transfer through United Way'?
3
The Attorney Client privilege is not something to protect the
attorney The right to withhold certain public documents belongs to
the client, i e to,the people through their elected representatives,
in this case the Weld County Commissioners as public servants
As shown in the Greeley Tribune article, one Commissioner has already
decided to publicly speak about conversations with you as County
Attorney concerning the transfer through United Way The Greeley
Tribune article states
"'I did not think the solicitations were right, that is why I
raised the issue with the county attorney at the time and he agreed
with me,' Conway said via text message ,
That's why Weld County decided to pass the donations through the
United Way of Weld County "
https //urldefense proofpoint com/v2/url'u=https-3A_www greeleytnbune com_news_documents-2Dweld-
2Dcommissioner-2Dsolicited-2Dbusiness-2Dcontnbutions-2Dfor-2Dbreckenridge-
2Dtnp_&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=y1 xwAFik4NylzLWMIPpNxRidKiUTKHSFsiH2b_Lhi6w&
m=kpalgz3sH5aKaEVHHdv5ZJaLUzKQ1 c4nZbAvAwf04nA&s=HdbRzNjw_Pziduio6RYLz2xZHm46Qjg0ymKc
XGvhjGU&e=
County Attorney Barker, did Weld County decide to transfer the money
through United Way based on discussions with you? Is there any
non -fraudulent reason for running the money through United Way'?
Attorney- client discussions concerning how to commit a fraud scheme
can not be kept secret by asserting "attorney -client privilege"
United States v Zolin, 491 U S 554 (1989) In re 2015-2016 Jefferson
County Grand Jury, 410 P 3d 53 (Colo 2018) See also Colorado Rules
of Professional Conduct Rule 1 13
14 Therefore, Plaintiff seeks an order of this Court to compel the
Defendant to produce the documents pursuant to the Colorado Open
Records Act, CRS 24-72-201 et seq
15 On November 30, 2018, Plaintiff made an Open Records Request to
County Attorney Barker for All emails and all other communications
(paper or digital) from January 1, 2014 to November 28, 2018 to and /
or from DCP Midstream (and any related companies or agents including
their attorneys) which are contained in The Office of the Weld
County Attorney "
16 On December 10, County Attorney Barker denied the request
stating The emails and other communications you request are
privileged The Board of County Commissioners does not wish to waive
the privilege Privileged records are exempt from inspection pursuant
to CRS 24-72-204(3)(a)(IV)
17 On December 11, 2018, Plaintiff stated in reply to the denial
"County Attorney Barker,
"Communications to and from DCP cannot be privileged You cannot
possibly be the attorney for DCP so there is no attorney client
privilege Please obey the law
4
"All emails and all other communications (paper or digital) from '
January 1, 2014 to November 28, 2018 to and / or from DCP Midstream
(and any related companies or agents including their attorneys) which
are contained in The Office of the Weld County Attorney "
"Attorney Barker, you have a pattern of violating the Open Records Act
See your refusal to supply documents in the fraudulent scheme to
transfer funds through United Way See also your refusal to supply
documents in the Martin Marietta case "
18 Therefore, Plaintiff seeks an order of this Court to compel the
Defendant to produce the documents pursuant to the Colorado Open
Records Act, CRS 24-72-20t et seq
Second Claim for Relief Declaratory Judgmenfand Injunctive Relief
19 This Court has subject matter jurisdiction because the events
complained of occurred in Colorado and the resolution of this dispute
requires the application of Colorado law- Colo Const art VI,§ 9(1)
20 Under §§ 13-51-101 to -115, C R S ,,and C R C P 57, this Court
may declare the parties' respective rights, status, and other legal
relations
21 The Court has personal jurisdiction over the Defendants §-
13-1-124(1), C R S 21 Venue is proper pursuant to C R C P 98(b)(2)
and (c)
22 All necessary parties are before the Court pursuant to CRC P
57(j) The Plaintiff's farm house is located at 30150 County Road 50
in Weld County The Plaintiff and his wife farm 320 acres of irrigated
land which they own -
23 An actual and justiciable controversy exists regarding the
parties' respective rights, and a declaratory judgment will terminate
the controversy giving rise to this proceeding
24 Article III Distribution of Powers of the Constitution of the
State of Colorado states
"The powers of the government of this state are divided into three
distinct departments, --the Legislative, Executive and Judicial, and
no person or collection of persons charged with the exercise of powers
properly belonging to'one of these departments shall exercise any
power properly belonging to either of the others, except as in this
Constitution expressly directed or permitted "
25 The Commissioners act in a legislative capacity when they ,
adopted the Comprehensive (Zoning) Plan set forth in Weld County Code
Section 22-1-10 et seq
26 Section 22-1-10 states "The Comprehensive Plan is a document that
serves as the foundation of all land use and development regulations,
in the County The Comprehensive Plan is adopted by the Board of
County Commissioners as an ordinance and is the,basis for the rules
5
and regulations that govern planning, zoning, subdivisions and land
use "
27 Section 22-1-100 states "The Comprehensive Plan, contained in
this Chapter, is the document intended to fulfill the master plan
requirement pursuant to state law (Section 30-28-106(1), C R S )
The Plan includes all geographic areas of the County "
28 In Section 23-2-230, the Commissioners sit as "administrative law
judges" to decide by majority vote whether to grant an exception to
the Comprehensive (Zoning) Plan under Applications for "Special Use
Review " This section is often used where an application is made for
industrial use in an agricultural zone
29 Weld County, Code sec 23-2-200 states "Uses by Special Review are
USES which have been determined to be more intense or to have a
potentially greater impact than the Uses Allowed by Right in a
particular zone district
"The Board of County Commissioners may approve the establishment of a
Use by Special Review by granting a Special Review Permit "
30 Section 23-2-230 violates Article III because this section of the
Code makes the County Commissioners the ultimate "administrative law
judges" even though the same Commissioners also perform executive and
legislative functions in Zoning
31 Plaintiff seeks a declaratory judgment that section 23-2-230 of
the Weld County Code violates Article 3 of the Colorado Constitution
and is therefore unconstitutional
32 Plaintiff further seeks an order of this Court enjoining Weld
County from holding any further proceedings under this section
including application USR 18-0099 until Weld County amends its Code to
provide for "independent administrative law judges" to decide these
applications for an exception the Comprehensive (Zoning) Plan of Weld
County
33 In Section 23-2-1010, the Commissioners and / or the Weld County
Planning Department sit as "administrative law judges" to decide
whether to grant or deny A "Weld Oil and Gas Location Assessment
(WOGLA)"
34 Weld County Code sec 23-2-1010 states
"A A Weld Oil and Gas Location Assessment (WOGLA) requires additional
consideration to ensure the OIL AND GAS FACILITY is developed in a
manner that complies with various standards set forth in Section
23-2-1020 of this Chapter that provide compatibility with USES located
within 1,000 feet of the OIL AND GAS LOCATION The WOGLA is designed
to protect and promote the health, safety, and welfare of the present
and future residents of the COUNTY
"B A WOGLA is required after February 1, 2017, for the construction
of OIL AND GAS FACILITIES in all zone districts A WOGLA may include
multiple OIL AND GAS LOCATIONS on an individual permit, if it is
6
located on a single surface owner's property
"C No OIL AND GAS FACILITY shall be constructed in any zone district
until a WOGLA has been granted by the Department of Planning Services
or the Board of County Commissioners "
35 Section 23-2-1010 violates Article III because this section of the
Code makes the County Commissioners and / or the Department of
Planning Services the ultimate "administrative law judges" even though
the same Commissioners and the Departments of Planning Services also
perform executive and legislative functions in Zoning
36 Plaintiff seeks a declaratory judgment that section 23-2-1010 of
the Weld County Code violates Article 3 of the Colorado Constitution
and is therefore unconstitutional
37 Plaintiff further seeks an order of this Court enjoining Weld
County from holding any further proceedings under 23-10-1010 until
Weld County amends its Code to provide for "independent administrative
law judges" to decide these applications for an exception the
Comprehensive (Zoning) Plan of Weld County
PRAYER FOR RELIEF
WHEREFORE, Plaintiff requests that this Court
a On the First Claim for Relief (Open Records), assume jurisdiction
over the claim,
b Enter an order directing Defendant County Attorney Bruce Barker to
show cause why he] should not permit the inspection of the requested
records,
c Enter an injunction against Defendant directing Defendant to
comply fully and without further delay with the Colorado Open Records
Act and to furnish Plaintiff all public documents meeting the
description in Plaintiff's requests,
d Enter an injunction directing that, because Defendant's delay in
complying with his obligations under the CORA was without substantial
justification, Defendants must waive all fees and charges associated
with Plaintiff's requests,
e Award Plaintiff reasonable attorney fees and costs as authorized by
C R S § 24-72- 204(5), and
f Order such additional relief as the Court may deem just and proper
g On the Second Claim Declare that Weld County Code Section 23-2-230
and Weld County Code Section 23-10-1010 are unconstitutional under
Article III of the Constitution of the State of Colorado
h Permanently enjoin applications under the two sections until Weld
County amends its code to provide for "independent administrative law
judges" in those two sections
i Enter judgment in favor of Plaintiffs and against the Defendants
on all claims,
j Award Plaintiff costs under Colorado Rule of Civil Procedure 54(d), and
k Award Plaintiff any other relief that the Court deems just and reasonable
DATED this the _ day of February, 2019
Respectfully submitted
On Wed, Feb 6, 2019 at 10 49 AM William Danks <wcdanks@edanks corn> wrote
>
> Colorado Open Records Request
>
> From William C Danks
> 30150 WCR 50
> Kersey Co 80644]
>
> To Custodian of Records Bruce Barker, County Attorney
>
> Weld County Government
> 1150 O St
> Greeley, CO 80631
>
> Dear County Attorney Bruce Barker
> Pursuant to the Colorado Open Records Act § 24-72-201 et seq , I
> request that you make available for inspection and copying the
> following public records
>
> 1 All documents (digital and paper) in the Office of the Weld County
> Attorney which concern the attack on my computer as described in my
> emails to County Attorney Barker and others on January 1, 2019 and
> January 19, 2019
>
> The January 1, 2019 email stated in pertinent part
>
> " someone has attacked my computer For example,
> the link https //urldefense proofpoint com/v2/urRu=http-3A_clr-2D34 org_martin-2Dmarietta-2Dhwy34=
2Dproject_appeal-2Dto-2Dthe-2Dco-2Dcourt-2Dof-
2Dappeals_&d=DwI FaQ&c=A8J9jb3_ClsSlatombgkDA&r=y1 xwAFik4NylzLWMI PpNxRidKiUTKHSFsiH2b_Lhi
6w&m=kpalgz3sH5aKaEVHHdv5ZJaLUzKQ1 c4nZbAvAwf04nA&s=5MIn5TWh73exzmgPZFA5tL2dyUJjNp5Ip5
Euy8NHPYQ&e=
> found in my original email dated November 24 has through this attack
> been changed so that the link will now read in this email as follows
>
> https //urldefense proofpoint com/v2/url'u=http-3A_clr-2D34 org_mar
> tin-2Dmarietta-2Dhwy34-2Dproject_appeal-2Dto-2Dthe-2Dco-2Dcourt-2Dof-2
>
Dappeals_&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=ymelOMIGv999gMR2uKPQmIMueLzFpzjsdP5OXag8
_a8&m=Y92g1 KHQAZ7LHwNtVFfQgRHMghw7wiiD5KIWcs0YwoE&s=iAuf
> AHUZ9rKupRGEZdOyE4FjPbjEbWiPgT5vINLgNok&e="
>
>
> The email of January 19, 2019 stated in pertinent part
8
>
> "On January 1, 2019, I sent an email to you, County Attorney Barker,
> stating that "someone has attacked my computer " Mr Barker, I have
> received no response from you
> In a few minutes, I will forward to you my email to you dated November
> 28, 2018 at 8 32 a m and then in a few minutes after that, I will
> forward your email to me dated November 29, 2918 at 8 43 a m Please, ,
> compare the wording of the http links in the email chain for the dates
> of November 24 at 4 47 p m and November 16, at 1 15 p m You will
> see that you changed the links to https //urldefense proofpoint com/v2/url'?u=http-
3A_urldefense&d=DwI FaQ&c=A8J9jb3_ClsSlatombgkDA&r=y1 xwAFik4NylzLWMI PpNxRidKiUTKHSFsiH2b_
Lhi6w&m=kpalgz3sH5aKaEVHHdv5ZJaLUzKQI c4nZbAvAwf04nA&s=l-18SBktRdDg4_MPYd-
jkFj59ve8xzgria2oK1zPdg4&e= Thus, when I ,
> continued to add future emails to this chain, the recipients of my
> future emails had corrupted link
>
> County Attorney Barker,, someone attacked my computer -- was it you'?"
>
> 2 All correspondence (digital and paper) to or from DCP Attorney
> Groom contained in the Office of the Weld County Attorney between
> September 1, 2018 and February 6, 2019
>
> 3 All correspondence (digital and paper) to or from ONEOK Elk
> Creek Pipeline, LLC including any of its affiliates, agents or
> attorneys including Attorney Timothy Gordon or Attorney Michael Daily
> contained in the Office of the Weld County Attorney between September
> 1, 2018 and February 6, 2019
>
>
> If a document is not produced, state the reason and describe the
> document by date -
> and author so that it can be identified if necessary by the Court
> If you are not the custodian of records for this request, please
> forward this letter to the appropriate person or let me know which
> person(s) has custody of these records I request a waiver of all fees
> for searching or copying these records in that the disclosure of the
> requested information is in the public interest and will contribute
>, significantly to the public's understanding
> This information is not being sought for commercial purposes If there
> are any fees for searching or copying these records, please inform me
> if the cost will exceed $30
> Please set a date and hour, within three working days following
> receipt of this letter, at which time the records will be made
> available for inspection, as required by § 24-72-203(2), C R S If
> access to these records will take longer, please cite the extenuating
> circumstances and let me know when I should expect copies or the
> ability to inspect the requested records
> I ask that records available in electronic format be -transmitted by email to
>-wcdanks@edanks corn
> If you deny any portion, or all, of this request, please provide me
> with a written explanation of the reason(s) for your denial, including
> a citation to each specific statutory exemption you feel justifies the
> refusal to release the information and notify me of the appeal
> 'procedures available tome under the law If you conclude that
> portions of the records that I request are exempt from disclosure,'
> please release the remainder of such records for inspection and
9
a
> copying, redacting only the portion or portions that you claim are
> exempt Thank you for considering my request
> Sincerely, William C Danks
> (970) 395-0495]
> wcdanks@edanks corn]
>
> On Thu, Jan 31, 2019 at 1 46 PM William Danks <wcdanks@edanks corn> wrote
> > To DCP Midstream Attorney Groom, Paul Park as agent for Bonanza,
> > County Attorney Bruce Barker, Weld County Commissioners, PDC Energy
> > Attorney Fiske ,
> > At the hearing on January 23, 2019, DCP Attorney Groom asked for a two
> > month postponement of Application USR 18-0099 He stated two reasons
> > for the postponement to have time to answer concerns of the nearby
> > residents and to explore other possible locations for the industrial
> > site
> > DCP Midstream is searching for another location to place this
> > "compression station " This compression station is just one small part
> > of DCP's 62 mile Grand Parkway project which makes a loop around the
> > City of Greeley The Grand Parkway pipeline enables the drilling
> > companies connected to the loop to have a place to send their oil and
> > gas It is a massive project to drill oil wells and all of the
> > supporting infrastructure for the oil wells in and around Greeley
> > Once the new location for this particular compression station is
> > identified, DCP Attorney Groom, who has prepared Spot Zoning
>'> Applications for other spots in the massive Grand Parkway project,
> > will go on to prepare the next Spot Zoning Application Scores of
> > applications have been filed in the industrial project called the
> > Grand Parkway Each individual site in the massive project has its
> > own unique name and its own unique application number with the Weld
>,> County Commissioners Nevertheless, each application has an
> > underground connection to the others,"both physically via a buried
> > network of pipes invisible to the average citizen and governmentally
> > by a buried network of communication between oil -related companies and
> > the Weld County Commissioners, a communication which is impregnable to
> > the Open Records Act
- >>
> > Meanwhile, another Spot Zoning project approved by the Weld County
> > Commissioners (one involving the drilling of oil wells which in all
> > probability connect to the Grand Parkway pipeline), is making national
> > news in the New York Times and the Daily Show See the attached link
> > and play the segment of the Daily Show
> > https //urldefense proofpoint com/v2/url?u=https-3A_www greeleytribune com_news_greeleys-2Dbella-
2Dromero-2Dfracking-2Dfight-2Dfeatured-2Don-2Dthe-2Ddaily-2Dshow -3Futm-5Fsource-3Dboomtrain-
26utm-5Fmedium-3Dnewsletter-26utm-5Fcampaign-3Dgt-2Ddaily-2Dupdate-26bt-5Fee-
3Dlw2cwVXelGdwid1 l98SUwI1 FgiP1 abbtOJdxy_AkHxk-3D-26bt-5Fts-3D1548853294565-26utm-5Fsource-
3Dboomtrain-26utm-5Fmedium-3Dnewsletter-26utm-5Fcampaign-3Dgt-2Ddaily-2Dupdate-26bt-5Fee-
3DgCHL0uT4CNSDQ9tjcBO7viRLkN6jnj27gGe0Pk3yMOE-253D-26bt-5Fts-
3D1548853294558&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=y1 xwAFik4NylzLWMIPpNxRidKiUTKHSFsiH
2b_Lhi6w&m=kpalgz3sH5aKaEVHHdv5ZJaLUzKQ 1 c4nZbAvAwf04nA&s=yiSR634DwbrV8yA1 aaWHaEVDnK
Oj7q ksJg I p0Y3CJA&e="
10
> > Besides the need to explore other locations, the other reason DCP
> > Attorney Groom gave for the postponement of the hearing, was to
> > address the neighbor concerns which have been brought forth about in
> > this Spot Zoning Application USR18-0099
> > In this email, I summarize most of the concerns which I have raised in
> > a series of emails beginning September 14, 2018 Essentially, over
> > the past four months of expressing these concerns, I have received no
> > response to these emails from DCP Attorney Groom or from anyone else
> > I would welcome a written response from DCP Attorney Groom, from Weld
> > County Attorney Barker and from PDC Energy Attorney Fiske
> > However, I do not expect any response DCP Attorney Groom knows that
> > the Application which he prepared in USR18-0099 was fatally defective
> > at the time that the application was filed Furthermore, Weld County
> > Attorney Barker, Commissioner Kirkmeyer, I, and others also know that
> > the application was fatally defective at the time it was filed At the
> > time that the application was filed, DCP Midstream had no legal
> > interest in this application
> > Nevertheless, here is my summary with a concluding section on litigation
> > 1 September 14, 2018 email from me to PDC Energy Landman B Hammond
> > (Exhibit 22 )
> > This email raised the concern of the huge industrial sites arising
> > from the new horizontal fracking wells, the lack of landscaping at
> > these industrial sites, and the drastic impact of a "Commerce City" in
> > this historical irrigated farming community It states
> > "Thank you for the visit and tour of the surrounding area to view the
> > various projects of PDCE and the proposed project for the Foos
> > Property which is across CR 61 from our property How are you
> > coming on getting an estimate of what it would cost to place a 20-30
> > foot high cinder block wall with trees on the County Road 61 side of
> > the PDCE project'?"
> > In the drive -around visit mentioned in the email, Mr Hammond and I
> > began at the "Spanish Colony" and headed toward the site for the USR
> > 18-0099 Application We viewed the PDC Energy industrial sites, each
> > one containing 20 to 30 large tanks and other equipment These
> > industrial sites are turning a rural area that, a mere two decades
> > ago, still resembled the beautiful irrigated farmland described in
> > Michener's Centennial into an area that resembles Commerce City None
> > of these PDC Energy industrial sites have any landscaping
> > We also viewed the proposed site on the Foos -property Mr Hammond
> > told me that he would attempt to get estimates for landscaping based
> > upon the type of landscaping which PDCE has done at some other
> > locations During this visit, Mr Hammond failed to tell me about two
> > other PDCE proposed projects which are within 2 miles from the USR
> > 18-0099 proposed industrial site and from our farm house Despite
> > several more requests, PDC Energy has never responded with any
> > information on landscaping
11
> > 2 October 24, 2018 email from me to County Attorney Barker with copy
> > to PDC Energy Attorney Fiske and others (Exhibit 22) "Subject PDC
> > Energy / Spot Zoning / S E of 'Spanish Colony"
> > This email raised the concern of spot zoning for industrial uses in
> > agricultural zones It also raised the concern of ex parte
> > communications with Weld County Commissioners when they sit as
> > "administrative law judges" in deciding whether to grant an exception
> > to the agricultural zone for an industrial use
> > "I just finished re -reading the excellent brief filed in the Colorado
> > Court of Appeals by Ireland Stapleton Attorneys' Mark Lacis and James
> > Silvestro in the Martin Marietta case
> > I have asked PDC Energy Attorney Fiske to read that brief, the brief
> > filed by Brownstein Hyatt on behalf of Martin Marietta and give me a
> > written explanation of why PDC Energy & Weld County have not violated
> > the law on spot zoning
> > "Mr Barker, in addition to their excellent argument on spot zoning,
> > the Ireland Stapleton Attorneys briefed your illegal ex parte
> > communications with the attorneys for Martin Marietta I would like to
> > get a copy of these illegal communications and therefore am making the
> > following Open Records Request "
> > In his reply email on October 26, 2018, Attorney Barker denied my Open
> > Records Request (Exhibit 22) At no time has Attorney Barker or
> > Attorney Fiske responded in any manner as to why Weld County is not
> > violating the law on Spot Zoning Atty Groom, could you address the
> > issue of "spot zoning"
> > 3 October 31, 2018 email from me to Weld County Attorney Barker and
> > others re "United Way Transfer / Bruce Barker" (Exhibit 23)
> > This email raises concerns about the gifts and other transfers of
> > money to or for the benefit of Weld County Commissioners The email
> > also raises concerns about the legality of the advice of Weld County
> > Attorney Barker, in particular his apparent advice that money should
> > be transferred through United Way
> > The following is a quotation from the Greeley Tribune article which
> > quotes a text message from Commissioner Conway
> > "I did not think the solicitations were right, that is why I
> > raised the issue with the county attorney at the time and he agreed
> > with me," Conway said via text message
> > That's why Weld County decided to pass the donations through the
> > United Way of Weld County
> > https //urldefense proofpoint com/v2/url2u=https-3A_www greeleytribune com_news_documents-2Dweld-
2Dcommissioner-2Dsolicited-2Dbusiness-2Dcontributions-2Dfor-2Dbreckenridge-
2Dtrip_&d=DwlFaQ&c=A8J9jb3_CIsSlatombgkDA&r=y1 xwAFik4NylzLWMIPpNxRidKiUTKHSFsiH2b_Lhi6w&
m=kpalgz3sH5aKaEVHHdv5ZJaLUzKQ1 c4nZbAvAwf04nA&s=HdbRzNjw_Pziduio6RYLz2xZHm46Qjg0ymKc
XGvhjGU&e=
> > In the Oct 31 email, I quoted from the two emails concerning the
12
> > transfer of $1500 by PDC Energy through United Way
> > The email from Susan Fakharzdeh of PDC Energy stated "How would you
> > like us to handle the contribution, i e to whom should we address the
> > funds'?"
> > After PDC Energy sent the money to United Way, Alyson Rome of United
> > Way informed Weld County Government of certain transfers which United
> > Way had received in connection with this scheme The United Way email
> > stated
> > "Below is a record of payments through 10-19 - 2016 PDC Energy
> > $1500 received "
> > PDC Energy knew that its money was being laundered through United Way
> > I would like to know of all other transfers of money by PDC Energy to
> > or for the benefit of Weld County Commissioners
> > In my email, I made an Open Records request to Attorney Barker for "
> > 4 All documents in the Office of the Weld County Attorney which
> > concern the use of Untied Way as a transfer conduit for the funds
> > described in the Greeley Tribune Article or in any other transfer of
> > funds from a third party thru United Way as a conduit to Weld County "
> > Attorney Barker refused to provide these documents My response to
> > Attorney Barker is in the email dated November 8, 2018 which is found
> > in Exhibit 22 It states, inter alia
> > " County Attorney Barker, did Weld County decide to transfer the money
> > through United Way based on discussions with you? Is there any
> > non -fraudulent reason for running the money through United Way'?
> > "Attorney- client discussions concerning how to commit a fraud scheme
> > can not be kept secret by asserting "attorney -client privilege"
> > United States v Zolin, 491 U S 554 (1989) In re 2015-2016 Jefferson
> > County Grand Jury, 410 P 3d 53 (Colo 2018) See also Colorado Rules
> > of Professional Conduct Rule 1 13 "
> > I have received no response from PDC Energy, nor any further response
> > from Attorney Barker "
> > 4 November 12, 2018 email from DCP Midstream employee Paul Park to
> > me Mr Park sent the email to me immediately following our telephone
> > conversation The email stated "Bill Great talking to you Look
> > forward to talking to you again Paul "
> > That telephone call, while very cordial at the time, raises serious
> > concerns about the lack of full disclosure by public relations people
> > of DCP while they are talking with residents about proposed projects
> > Mr Groom, have you or others in DCP instructed any of the DCP public
> > relations people to conceal information from the neighbors'?
> > During the telephone call, Mr Park never mentioned anything to me
> > about the "Grand Parkway" or anything about a 62 mile pipeline
> > project When I asked where the pipe for the proposed "compression
> > station" was coming from and where it was going to, he said he thought
13
> > they were coming from a few miles to the east and was uncertain where
> > exactly the pipe was going to
> > I further understood him to say that all of the machinery would be
> > within a building which would have no windows and would be completely
> > sound proof It would be completely dark at night unless a small
> > light was remotely turned on at the entrance if an emergency arose at
> > night requiring a PDC employee to come to the building
> > 5 November 16, 2018 email from me to Paul Park This email
> > concerns my research in learning the size of the Grand Parkway
> > I described what I had learned and in a follow up of his November 12
> > email which had stated that he looked forward to talking with me
> > further, I suggested a time for our next telephone conversation Mr
> > Park never responded
> > My concern is with why Mr Park would not reveal to me the size of the
> > whole Grand Parkway, which is a 62 mile pipeline with processing
> > plants etc My concern is also with why the 62 mile Grand Parkway,
> > of which the compression station is only one small piece, was never
> > discussed at the previous summer's meeting with neighbors at the hotel
> > in Kersey I would like to know what orders DCP Midstream management,
> > and attorneys gave to their public relations people before sending
> > them to speak with residents
> > 6 November 24, 2018 email from me to Paul Park
> > In the email, I wrote
> > "Paul, I have not heard from you since our telephone conversation on
> > Nov 12 'Great talking to you Look Forward to talking to you
> > again " We are rapidly approaching the Dec 4 hearing date There is a
> > lot of information which I need from you in order to be prepared for
> > the hearing
> > "In this case, I see two major issues
> > "1 Should DCP (in conjunction with all of the oil drilling companies)
> > have filed an application to essentially make a new zoning map for
> > Weld County instead of using the site by site re -zoning approach'?
> > "2 Assuming that this application is not dismissed for failure to
> > file for a comprehensive re -zoning for the entire project, what are
> > the defects in the present application
> > "In this email, I will outline issue 1 above "
> > I then proceeded to outline Issue 1 I listed the information which I
> > needed on this issue I received absolutely no response
> > DCP Attorney Groom, if you are truly concerned about addressing the
> > concerns of those protesting, provide the information which I
> > requested in this email dated November 24, 2018
> > 7 November 28, 2018 email from me to Paul Park found as the first
14
> > email in Exhibit 17
> > After having discussed Issue 1 in the November 24, 2019email, I
> > proceeded to discuss Issue 2 in this November 28 email Issue 2
> > concerns some of the defects in Application USR 18-0099
> > DCP Attorney Groom, I would like for you respond in detail to the each
> > of the six different defects which I listed in this email
> > On Defect 4 I would like for you to discuss the additional argument
> > of why the southern tract of the two -tract application should not be
> > stricken from the application since the entire proposed project will
> > be on the northern tract Each tract is about 70 acres Please tell
> > us whether DCP is planning a further expansion and why the northern
> > lot is not more than sufficient for the industrial project proposed in
> > Application USR 18-0099?
> > On Defect 6, please confirm my understanding based upon my earlier
> > telephone conversation with Paul Park that
> > "(a) all of the equipment for the pumping station will be inside of
> > a building (b) the building will be sound proofed with no windows or
> > sun lights (c) all of the lighting will be inside of the buildings so
> > that the site will be completely dark at night "
> > If all equipment is not going to be inside of a building, please
> > answer the following
> > (a) What equipment will be outside of a building?
> > (b) What exactly are the problems which make it preferable to DCP to
> > have some of the equipment outside of a building?
> > (c) Was DCP's original plan to run all equipment on electricity
> > inside of a building?
> > (d) Is the problem that DCP has found that Excel Energy cannot supply
> > sufficient electricity to run the equipment?
> > (e) Is there a cost saving to change from electricity to fossil fuel?
> > (f) I see that you have one solar panel on the property already — is
> > solar energy a possibility?
> > 8 November 30, 2018 email from me to County Attorney Barker
> > In this email, I narrowed my Open Records request in an effort to
> > obtain documents which I needed for the December 4 Planning Department
> > hearing I narrowed the request to County Attorney Barker and
> > requested
> >-"All emails and all other communications (paper or digital) from
> > January 1, 2014 to November 28, 2018 to and / or from DCP Midstream
> > (and any related companies or agents including their attorneys ) which
> > are contained in The Office of the Weld County Attorney "
> > I am concerned that it is impossible for me to obtain either from DCP
> > or from the County the information which I need
> > After County Attorney Barker denied my Open Records Requests on the
> > grounds of "privilege", I wrote an email to him on December 11,
15
> > stating
> > "County Attorney Barker, Communications to and from DCP cannot be
> > privileged You cannot possibly be the attorney for DCP so there is no
> > attorney client privilege Please obey the law "
> > Attorney Groom, as attorney for DCP, if there is nothing to hide, why
> > don't you furnish communications between DCP and Weld County? What
> > discussions have you had with Attorney Barker regarding this discovery
> > request? What discussions have you had with Attorney Barker and / or
> > any of the County Commissioners re Application USR 18-0099?
> > 9 December 11, 2018 email from me to "DCP Representative Paul Park,
> > Weld County Commissioners and County Attorney Barker "
> > The salutation of my email should have been to "Bonanza Representative
> > Paul Park" Mr Groom, at the time of this December 11, 2018 email, I
> > was still under the misrepresentation that DCP had some sort of
> > standing to represent the applicant, Bonanza It was not until I
> > again studied the Application that I realized that DCP Midstream was
> > not an "agent" for Bonanza and that you, as attorney for DCP, were
> > deceptively representing yourself as speaking for the applicant,
> > Bonanza Application USR 18-0099 is not the Application of DCP It is
> > the Application of Bonanza DCP had absolutely no ownership right in
> > the property at the time of the application How did you convince
> > Planner Kim Ogle to approve the filing of this bogus application when
> > the application clearly violates the "Guidelines" for filing an USR
> > application?
> > DCP Attorney Groom, this is a major concern of mine What do you say?
> > In this email, I "objected to any and all of the Weld County
> > Commissioners acting as the judicial decision makers in deciding
> > whether or not to approve the DCP (sic, should be "Bonanza")
> > Application "
> > Attorney Groom, please answer my concerns that the Commissioners are
> > prevented by Article III of the State Constitution from acting in a
> > judicial capacity to decide whether an exception should be made for
> > Bonanza to change the zoning of these two approximately 70 -acre tracts
> > from agricultural to industrial
--
> >
> > Please also answer my additional concern that the executive and
> > legislative roles of the Commissioners create a common law conflict of
> > interest which prevents them from acting as judges on Application USR
> > 18-0099 Please also address my concern that all attorneys in the
> > Office of the Weld County Attorney (especially Attorney Barker) have a
> > conflict of interest when they advise the Commissioners on the issue
> > of whether the Commissioners may act as judges
> > 10 December 22, 2018 email from me to Weld County Commissioners
> > "Motion to Dismiss Application USR 18-0099 "
> > In support of the motion, I stated inter alia
> > "The application is merely a hypothetical case Bonanza is not
16
> > authorized to build an interstate pipeline or a pumping station in
> > connection with that pipeline
> > "DCP has no ownership interest in this property
> > "Attorney Groom has created a fictional application through his misuse
> > of the legal doctrine of `agency'
> > "The Agenda for December 19, 2018 states 'Bonanza Creek Energy
> > Operating Company, LLC c/o DCP Operating Company The 'do DCP
> > Operating Company LP' is a complete misstatement DCP Operating
> > Company has no legal right of any kind whatsoever in this Application
> > "Bonanza, however, did not appoint DCP Operating Company LP as its agent
> > "As an additional reason for dismissing the Application, no one
> > appeared on behalf of Bonanza on the date of December 19, 2018 when
> > the application was scheduled for final hearing before the
> > Commissioners
> > "At the hearing on December 19, 2018, Attorney Groom asked for a
> > postponement of the hearing He made this request as the Attorney for
> > DCP Operating Company, LP, not on behalf of Bonanza "
> > DCP Attorney Groom, why did you deliberately make this error again on
> > January 23, 2019? Why did Commissioner Kirkmeyer allow you to get away
> > with this error when she had specifically asked for clarification on
> > December 19 and such clarification was then given in this email? DCP
> > Attorney Groom, please state all communications between you and
> > Commissioner Kirkmeyer on application USR 18-0099
> > 11 December 27, 2018 email from me to Paul Park as agent for
> > Bonanza, Weld County Commissioners and Weld County Attorney Barker
> > In this email, I made the following Motion
> > "Motion to Disqualify County Commissioners, Moreno, Conway, Cozad,
> > Freeman, Kirkmeyer and County Attorney Barker from participating in
> > the_Commission hearing on Bonanza Application USR 18-0099 "
> > In this email, I stated inter alia
> > "The appearance if not the actual fact of the postponement is as
> > follows Attorney Groom concluded sometime before December 19
> > that Commissioner Cozad would vote against the Bonanza application on
> > December 19 and the application would thereby be denied Attorney
> > Groom further concluded sometime before December 19 that at the
> > Commission hearing on December 26, three Commissioners, (Kirkmeyer,
> > Freeman and Moreno) would vote for the Bonanza application and it
> > would be approved
> > "Based on the appearance if not the actual fact of serious concerns
> > about the integrity of any decision by the present Commissioners, I
> > request that all of the facts concerning the postponement and any
> > communications between Attorney Groom and any Weld County official or
> > employee concerning Application USR 18-099 after December 5, 2018 be
> > made public
17
> > "If either Weld County Government or Bonanza disagrees to this motion
> > for disqualification, a thoughtful legal brief should be written in
> > opposition at this time and before any hearing by the Commissioners "
> > I have not received any response from anyone Mr Groom, this is
> > another major concern What do you say?
> > 12 January 1, 2019 email from me to Weld County Attorney Bruce
> > Barker and others
> > In this email under exhibit 17, I stated
> > "17 Please note the links in this copy of the
> > emails will take one to the correct site Somehow, these links same
> > links were changed in the following Exhibit which contains copies of
> > the same emails i e someone has attacked my computer For example,
> > the link
> > https //urldefense proofpoint com/v2/url7u=http-3Aclr-2D34 org_martin-2Dmanetta-2Dhwy34-
2Dproject_appeal-2Dto-2Dthe-2Dco-2Dcourt-2Dof-
2Dappeals_&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=y1 xwAFik4NylzLWMIPpNxRidKIUTKHSFsiH2b_Lhi
6w&m=kpa lqz3sH5aKaEVHHdv5ZJaLUzKQ1c4nZbAvAwf04nA&s=5MIn5TWh73exzmgPZFA5tL2dyUJjNp5Ip5
Euy8NHPYQ&e=
> > found in my original email dated November 24 has through this attack
> > been changed so that the link will now read in this email as follows
> > https //urldefense proofpoint com/v2/url7u=http-3A_clr-2D34 org_mar
> > tin-2Dmanetta-2Dhwy34-2Dproject_appeal-2Dto-2Dthe-2Dco-2Dcourt-2Dof-2
Dappeals_&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=ymelOMIGv999gMR2uKPQmIMueLzFpzjsdP5OXag8
_a8&m=Y92g1 KHQAZ7LHwNtVFfQgRHMghw7wiiD5KIWcs0YwoE&s=iAuf
> > AHUZ9rKupRGEZdOyE4FjPbjEbWiPgT5vINLgNok&e="
> > Weld County Attorney Barker made no response
> > 13 January 19, 2019 email from me to Weld County Attorney Bruce
> > Barker and District Attorney Michael Rourke
> > In this January 19 email, I submitted what I consider to be very
> > strong proof that the attack on my computer was made in the return
> > email dated November 29, 2018 at 8 43 a m from Weld County Attorney
> > Barker
> > I then asked "County Attorney Barker, someone attacked my computer —
> > was it you?"
> > I have received absolutely no response from anyone
> > 14 January 21, 2019 email from me to "Patrick Groom as attorney for
> > DCP Midstream"
> > DCP Attorney Groom, in this email, I asked for the reason that you
> > were requesting a postponement of the hearing which was scheduled for
> > January 23,2019 I also asked you to give me any written
> > communication or state any oral communications with anyone in Weld
> > County Government regarding the motion You answered the first part
18
> > but not the second
> > You have now given two reasons address concerns of protestors and
> > seek new site for the compressor plant You did not state these
> > reasons when you requested a one -week postponement from December 19 to
> > December 26 At that time, you gave the appearance (if not the actual
> > fact) that you knew that you did not have all three votes of the three
> > Commissioners present on December 19 and that you needed the vote of
> > Commissioner Moreno on December 26 to have the three votes needed for
> > USR-18-0099
> > Once again, by refusing to answer my questions regarding any and all
> > communications between you and Weld County Government, you have
> > created a cloud of suspicion around whether you sought another
> > postponement because you believed that you did not have the three
> > votes needed at the scheduled January 23 hearing
> > DCP Attorney Groom, give a complete explanation surrounding any and
> > all communications with anyone in Weld County Government in connection
> > with your latest motion for continuance
> > 15 January 22, 2019 email from me to "Paul Park as agent for Bonanza,
> > Patrick Groom as attorney for DCP Midstream, Weld County
> > Commissioners, Weld County Attorney Barker and Attorney & Employee
> > Andrew Fiske of PDC Energy"
> > In this email, I made three motions
> > "Motion to Join PDC Energy as a Party to Bonanza Application USR 18-0099
> > "Motion to Consolidate the Three Pending (or Planned) Applications of
> > PDC Energy for Permits to Drill Horizontal Frocking Wells and Install
> > Tank Batteries Within a Vicinity of 2 Miles from Bonanza Application
> > USR 18-0099
> > "Motion to Stay All Further Applications Concerning the DCP Midstream
> > Grand Parkway Including the "Big Horn" Processing Plant, Application
> > USR 18-0099, Any Other Applications for "Pumper Station" Plants, and
> > All Applications of PDC Energy and Other Drilling Companies Who Will
> > be Connecting New Wells into DCP Midstream's Grand Parkway Project
> > The stay should remain in effect until Weld County Commissioners Enact
> > a Zoning Ordinance on the specific topic of Zoning in Weld County
> > which has substantially the same content as the Colorado
> > Administrative Procedures Act but applying only to Zoning in Weld
> > County
> > I believe that the motions and supporting grounds are clearly stated
> > DCP Attorney Groom, please address my concerns by filing a written
> > response with the Commissioners and sending me a copy
> > 16 January 23, 2019 hearing before the Commissioners
> > Attorney Groom stated that he represents DCP Midstream He moved to
> > continue Bonanza's application hearing from January 23, 2019 until
> > March
19
> > He did not appear as attorney for Bonanza DCP was not the agent for
> > Bonanza No agent officially appeared in the record for Bonanza
> > At the December 19 hearing, Chair Kirkmeyer cut my wife's argument
> > short by stating for her to write a letter on the issue of whether
> > Attorney Groom had authority to move for a postponement of the Bonanza
> > Application
> > On December 22, 2018 in an email to the Commissioners, I stated in
> > detail why the application should be dismissed including why Attorney
> > Groom who appeared only as attorney for DCP, had no authority to
> > speak on behalf of Bonanza Please see that email and the discussion
> > of the December 22 email above Legally, DCP has nothing to do with
> > this case
> > The Applicant, Bonanza, failed to appear at the hearing on December
> > 19, 2018 or at the hearing on January 23, 2019 When an Applicant
> > fails to appear at least twice for a final hearing, shouldn't the
> > application be dismissed'? Instead, the Commission continued the
> > hearing until March 26, 2019
> > Furthermore, while the Commissioners did allow me to speak on my
> > Motion To Stay, the Commission did not vote on the Motion and refused
> > my request for the Commission to order Attorney Groom and Weld County
> > Attorney Barker to file briefs on the motion
> > Since it is unlikely that Attorney Groom, County Attorney Barker, and
> > / or PDCE Attorney Fiske will respond, I am preparing to file suit in
> > Court I offer the following in order to fulfill my obligation to
> > fully discuss the issues and to give notice prior to filing suit
> > 1 I have made three Open Records requests to County Attorney Barker
> > and all three have been denied My recourse is to file suit in the
> > Weld County District Court Attorney Barker, do you want to change
> > your mind and provide the documents on any or all of the three Open
> > Records requests'?
> > 2 Suit in Weld District Court for declaratory judgment that the
> > zoning procedures in USR 18-0099 unconstitutional under Article III
> > of the Colorado Constitution and for an injunction prohibiting further
> > zoning hearings such as USR 18-0099 until Weld County complies with
> > Article III by establishing independent "administrative law judges"
> > for such hearings in place of the Weld County Commissioners
> > 3 Suit in Weld District Court or United States District Court for the
> > District of Colorado as to whether the defendants DCP Midstream, PDC
> > Energy, Barker, Kirkmeyer, Groom, Park, Fiske and others have
> > conspired in a fraudulent scheme in connection with the Grand Parkway
> > project of DCP Midstream and specifically the bogus Application USR
> > 18-0099 (common law fraud of concealment and misrepresentation,
> > statutory fraud under either the Colorado statute, C R S §§
> > 18-17-101, et seq or federal statute18 U S C §§ 1961 through 1968)
> > 4 Suit in the United States District Court under 42 USC 1983 and the
> > equal protection clause of the 14th Amendment
20
> > Below is a link to the Greeley Tribune article including the segment
> > from the Daily Show which illustrates how the 14th Amendment on equal
> > protection is violated in "spot zoning" Below is also a draft of a
> > complaint under 42 USC 1983
> > Watch Greeley's Bella Romero fracking fight featured on The Daily Show
> > January 29, 2019
> > https //urldefense proofpoint com/v2/urru=https-3A_www greeleytribune com_news_greeleys-2Dbella-
2Dromero-2Dfracking-2Dfight-2Dfeatured-2Don-2Dthe-2Ddaily-2Dshow -3Futm-5Fsource-3Dboomtrain-
26utm-5Fmedium-3Dnewsletter-26utm-5Fcampaign-3Dgt-2Ddaily-2Dupdate-26bt-5Fee-
3DIw2cwVXelGdwid1 I98SUw11 FgiP1 abbtOJdxy_AkHxk-3D-26bt-5Fts-3D1548853294565-26utm-5Fsource-
3Dboomtrain-26utm-5Fmedium-3Dnewsletter-26utm-5Fcampaign-3Dgt-2Ddaily-2Dupdate-26bt-5Fee-
3DgCH L0uT4CNSDQ9tjcBO7viRLkN6jnj27gGe0Pk3yMOE-253D-26bt-5Fts-
3D1548853294558&d=Dwl FaQ&c=A8J9jb3_ClsSlatombgkDA&r=y1 xwAFik4NylzLWMI PpNxRidKiUTKHSFsiH
2b_Lhi6w&m=kpalgz3sH5aKaEVHHdv5ZJaLUzKQI c4nZbAvAwf04nA&s=yiSR634DwbrV8yA1 aaWH aEVDnK
Oj7gksJgIp0Y3CJA&e=
> > From the Greeley Tribune Article, it appears that the Weld County
> > Commissioners denied the Application of the oil company to drill their
> > wells near Frontier Academy School and then granted essentially the
> > same application near the Bella Romero School
> > The article further implies that there was no rational or compelling
> > state interest for treating the children attending these two schools
> > and the neighbors surrounding these two schools differently Under
> > the 14th Amendment, the Weld County Commissioners are required to
> > treat all people equally If they treat them differently, the Weld
> > County Commissioners must prove that there was a rational (or if
> > "race" is involved a compelling) reason for treating them differently
> > It appears that suit could have been brought against Weld County
> > Commissioners under 42 USC 1983 and the 14th Amendment equal
> > protection
> > A few years ago, NGL filed an application for a "USR" exception to
> > drill and operate an injection well approximately 200 yards north of
> > the present application in USR 18-0099 Certain neighbors vehemently
> > objected and the application for the injection well was not approved
> > However, NGL was able to obtain approval for the injection well in an
> > application for another location The two locations were very similar
> > in terms of the number of homes nearby and the nature of the farm
> > ground There was no rational reason for granting one application and
> > denying another
> > Decisions before the Weld County Commissions appear to be based upon
> > who has the connections or the most clout In USR 18-0099, DCP
> > Attorney Groom has given the appearance that he has connections with
> > the Weld County Commissioners However, even DCP Attorney Groom, (who
> > thought that he had the votes for approval if he could get a hearing
> > on December 26, 2018), is having difficulty with an application which
> > he knew was fatally defective at the time it was filed
> > Below is a draft of a complaint under 42 USC 1983
21
> > 1 This Court has jurisdiction over this Civil Rights action pursuant
»to28USC
> > Sections 1331 and 1343 and under 42 U S C § 1983 and 1988 seeking
> > damages and injunctive relief against Defendants for committing acts,
> > under
> > color of law, with the intent and for the purpose of depriving
> > Plaintiff of rights
> > secured under the 14 th Amendment of the United States Constitution
> > and laws of the United States
> > 2 The declaratory and injunctive relief sought is authorized by 28
> > U S C Sections 2201 and 2202, 42 U S C Section 1983 and Rule 57 of
> > the Federal Rules of Civil Procedure
> > 3 Venue is proper in the United States District Court for the
> > District of Colorado, pursuant to 28 U S C § 1391(b) because a
> > substantial part of the claims or omissions giving rise to Plaintiffs'
> > claims have occurred, and are occurring, in Colorado
> > 4 All of the plaintiffs are residents of Weld County Colorado
> > 5 All of the defendants (Weld County Commissioners and others) are
> > named in their individual capacity They are jointly and severally
> > liable in either their individual capacity and / or as alders and
> > abettors or as members of a conspiracy
> > 6 The 14th Amendment to the Constitution of the United States in
> > Section 1 states in pertinent part " nor shall any state
> > deny to any person within its jurisdiction the equal protection of
>> the laws "
> > 7 42 UCS Section 1983 states in pertinent part "Every person who,
> > under color of any statute, ordinance, regulation, custom, or usage of
> > any State or Territory or the District of Columbia, subjects, or
> > causes to be subjected, any citizen of the United States or other
> > person within the jurisdiction thereof to the deprivation of any
> > rights, privileges, or immunities secured by the Constitution and
> > laws, shall be liable to the party injured in an action at law, suit
> > in equity "
> > 8 There is no rational reason for treating these two classes of ,
> > people differently Therefore, the defendants have violated the equal
> > protection clause of the 14 th Amendment to the United States
> > Constitution
> > WHEREFORE, Plaintiffs, request judgment against Defendants as follows
> > A For appropriate declaratory relief regarding the unlawful and
> > unconstitutional acts and practices of Defendants,
> > B For appropriate compensatory damages in an amount to be determined at trial,
> > C For appropriate equitable relief against all Defendants as allowed
> > by the Civil Rights Act of 1871, 42 U S C Section 1983, including the
> > enjoining and permanent restraining of these violations, and direction
> > to Defendants to take such affirmative action as is necessary to
> > ensure that the effects of the unconstitutional and unlawful practices
> > are eliminated and do not continue to affect the Plaintiffs or others,
22
> > D For an award of reasonable attorney's fees and costs against the
> > Defendants pursuant to the Civil Rights Act of 1871, 42 U S C Section
> > 1988, and
> > E For such other and further relief to which Plaintiffs may show
> > themselves justly entitled
> > I welcome any comments which anyone may have concerning any legal
> > arguments or factual arguments I do not want to file a suit if
> > anyone has valid reasons as to why such a suit should not be filed
> > Now is the time to speak up
> > Bill Danks
> > On Tue, Jan 22, 2019 at 10 22 AM William Danks <wcdanks@edanks corn> wrote
>>>
> > > To Paul Park as agent for Bonanza, Patrick Groom as attorney for DCP
> > > Midstream, Weld County Commissioners, Weld County Attorney Barker,
> > > and Attorney & Employee Andrew Fiske of PDC Energy
>>>
> > > I, Bill Danks, submit the following three Motions
>>>
> > > Motion to Join PDC Energy as a Party to Bonanza Application USR 18-0099
>>>
> > > Motion to Consolidate the Three Pending (or Planned) Applications of
> > > PDC Energy for Permits to Drill Horizontal Frocking Wells and Install
> > > Tank Batteries Within a Vicinity of 2 Miles from Bonanza Application
> > > USR 18-0099
>>>
> > > Motion to Stay All Further Applications Concerning the DCP Midstream
> > > Grand Parkway Including the "Big Horn" Processing Plant, Application
> > > USR 18-0099, Any Other Applications for "Pumper Station" Plants, and
> > > All Applications of PDC Energy and Other Drilling Companies Who Will
> > > be Connecting New Wells into DCP Midstream's Grand Parkway Project
> > > The stay should remain in effect until Weld County Commissioners Enact
> > > a Zoning Ordinance on the specific topic of Zoning in Weld County
> > > which has substantially the same content as the Colorado
> > > Administrative Procedures Act but applying only to Zoning in Weld
> > > County
>>>
>>>
>>>
> > > The grounds for the three motions are as follows
>>>
> > > 1 The Grand Parkway is a major industrial project It involves
> > > the expenditure of over $395 million by DCP Midstream to construct a
> > > 62 mile pipeline loop around the city of Greeley, essentially putting
> > > the city at the center of the loop It involves the construction of
> > > several large processing plants, a number of "Pumper Station" plants
> > > The three sources below describe the DCP Midstream Grand Parkway
> > > pipeline project
>>>
>>>
>>>
> > > The following quotation is from the article at the following link
23
>> >
> > > https //urldefense proofpoint com/v2/url7u=https-3A_news amencan-
2Dusa com_2018_01_23_coloradograndparkway_&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=yl xwAFik4Ny
IzLWMIPpNxRidKiUTKHSFsiH2b_Lhi6w&m=kpalgz3sH5aKaEVHHdv5ZJaLUzKQ1 c4nZbAvAwf04nA&s=LcUV
IAo3w6TP1 K3rlhhgOcJxp1 Km37zCKT9tIpyjANl&e=
>> >
> > > The Grand Parkway in Houston, Texas, is a large freeway loop
> > > surrounding the city and encompassing six different counties This
> > > large construction project that connects the country's largest
> > > geographical metroplex is also the inspiration for DCP Midstream's new
> > > 62 -mile steel pipeline in Greeley, Colorado
>>>
> > > AMERICAN Steel Pipe is being used in the DCP Grand Parkway system,
> > > which is aimed at relieving traffic and efficiently moving unprocessed
> > > gas in its existing gathering system
>> >
> > > Just as Houston's Grand Parkway is intended to relieve traffic, DCP's
> > > Grand Parkway system is aimed at relieving traffic and efficiently
> > > moving unprocessed gas in its existing gathering system
>> >
>> >
>> >
> > > The following quotation is from the article at the following link
>> >
> > > https //urldefense proofpoint com/v2/url2u=https-
3A www dcpmidstream com_dcpmidstream_media_DCPPdfs_Mewbourn3-5FFact-5FSheet-
5FFinal pdf&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=y1_xwAFik4NylzLWMIPpNxRidKiUTKHSFsiH2b_Lhi6
w&m=kpalgz3sH5aKaEVHHdv5ZJaLUzKQ1 c4nZbAvAwf04nA&s=SgreFziJNVrOZUgL8PHIzIKRIaO72pEAXglc
AQfaU0o&e=
>> >
> > > MEWBOURN 3 PLANT & GRAND PARKWAY
>> >
> > > The Mewbourn 3 project also includes the next phase of the Grand
> > > Parkway low pressure gathering and associated compression asset, which
> > > is also expected to be completed -by the end of 2018 The Mewbourn 3
> > > plant will connect to the Front Range Pipeline, one-third owned by DCP
> > > Midstream, for NGL takeaway to Mont Belvieu, Texas Total capital
> > > investment for the plant and associated gathering is expected to be up
> > > to $395 million
> > > The following quotation is from the article at the following link
>> >
> > > https //urldefense proofpoint com/v2/urPu=https-3A_globenewswire com_news-
2Drelease_2018_08_01 _1545787_0_en_DCP-2DMidstream-2Ds-2DMewbourn-2D3-2DPIant-2DNow-2Din-
2DService html&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=ylxwAFik4NylzLWMI PpNxRidKIUTKHSFsiH2b_
Lhi6w&m=kpalgz3sH5aKaEVHHdv5ZJaLUzKQ1 c4nZbAvAwf04nA&s=ILWyPnHP5Bv5Jha-
U4kYYmXGVK75aVH2C4WVGvrM_ow&e=
> »
> > > DCP Midstream's Mewbourn 3 Plant Now in Service
> »
> > > Email Print Friendly Share
>> >
> > > August 01, 2018 16 05 ET I Source DCP Midstream LP
>> >
24
> > > DENVER, Aug 01, 2018 (GLOBE NEWSWIRE) -- Today, DCP Midstream, LP
> > > (NYSE DCP) announced that Mewbourn 3, a new 200 million cubic feet
> > > per day (MMcf/d) natural gas processing plant is now in service ahead
> > > of all announced timelines Mewbourn 3 is DCP's tenth plant in the DJ
> > > Basin, increasing the company's processing capacity in the region to
> > > over 1 billion cubic feet per day (Bcf/d)
>>>
> > > "We are excited to bring the Mewbourn 3 plant online as part of our
> > > comprehensive growth strategy in the DJ Basin, completing an important
> > > step toward adding 1 5 billion cubic feet per day of capacity to meet
> > > the needs of our customers' continued record production," said Wouter
> > > van Kempen, president, chairman, and CEO of DCP Midstream "All of our
> > > DJ Basin customers will immediately benefit from this increase in
> > > processing capacity, and our future build out in basin infrastructure
> > > will ensure their production growth capacity well into the next
> > > decade "
>>>
> > > The Mewbourn 3 plant connects to multiple outlets affiliated with DCP
> > > for natural gas liquids and natural gas takeaway, ensuring DJ Basin
> > > producers have access to attractive markets, including those along the
> > > Gulf Coast
>>>
> > > In addition to Mewbourn 3, DCP has previously announced two upcoming
> > > plants as part of its multi -year, fully integrated growth strategy
> > > With construction currently underway, the in-service date for the
> > > O'Connor 2 facility has been accelerated to Q2 2019, and its capacity
> > > has been expanded by 50%, to 300 MMcf/d, including up to a 100 MMcf/d
> > > bypass
>>>
> > > Additionally, DCP has secured land and filed permits for a 12th plant,
> > > recently named Bighorn, to further meet the projected needs of
> > > production in the basin Bighorn will have up to 1 Bcf/d of capacity,
> > > including bypass, and is expected to begin initial phases of
> > > operations in 2020 Along with these plant expansions and additions,
> > > DCP is extending its value chain via NGL and gas takeaway projects to
> > > ensure producers' needs are met from the wellhead to end use markets
> > > 2 The DCP Midstream infrastructure is necessary so that well
> > > drilling companies, such as PDC Energy, can send out production from
> > > their wells The newer horizontal fracking wells are of a larger
> > > industrial use than the wells of the past PDC Energy, which has
> > > already constructed a number of these newer wells in the area
> > > surrounding Kersey, generally places between 20 and 30 tanks at each
> > > industrial site These large industrial "tank batteries" are creating
> > > a "Commerce City" as they march southeast from the "Spanish Colony"
> > > toward the location of Application 18-0099 The industrial well
> > > sites need other related industries besides DCP Midstream Other
> > > related supporting industries include injection wells and fleets of
> > > tanker trucks carrying "produced water " The so called "water" is not
> > > "water" It is a toxic hazardous fluid which has caused major
> > > explosions and fires at NGL's injection wells The industrial wells
> > > also need a supply of actual water for drilling which makes the area
> > > around Greeley attractive to the oil industry
>>>
25
>>>
>>>
> > > 3 The present zoning procedure of Weld County is fatally
> > > defective in its entirety In 2014 DPS Midstream was discussing its
> > > $395 million dollar project with drilling companies, with Weld County
> > > Government, and with other supporting industrial companies At that
> > > time, in order to deal with a 62 mile -long and $395 million -dollar
> > > project, (which does not include the cost of drilling the wells, etc )
> > > the Weld County government should have passed a major amendment to
> > > the Zoning map of Weld County Instead the Commissioners allowed DPS
> > > Midstream to proceed piecemeal with the huge industrial project The
> > > Commissioners scheduled countless special hearings before themselves,
> > > acting as judges In hearing after hearing, they granted exception
> > > after exception to allow DCP's industrial use in land that was zoned
> > > agricultural
> > > 4 DCP Midstream is probably more than halfway through its Grand
> > > Parkway project It now seeks, via Application USR 18-0099, another
> > > exception to allow for industrial use in land zoned agricultural
> > > Application USR 18-0099 violates Weld County's own guidelines in a
> > > number of respects including that DCP Midstream at the time of the
> > > application did not own the land, did not have a lease on the land,
> > > and did not have an option to purchase the land contingent upon the
> > > application being granted
>>>
>>>
>>>
> > > 5 Our system of government, both federal and state, is based
> > > upon the separation of powers legislative, executive, and judicial
> > > Congress adopted The Administrative Procedures Act to regulate federal
> > > agencies Colorado adopted the Administrative Procedures Act to
> > > regulate Colorado state agencies All agencies, including Workers
> > > Compensation, have independent "administrative law judges" who decide
> > > whether an application should be granted "
>>>
>>>
>>>
> > > 6 Application USR 18-0099 and all other applications of well
> > > drilling companies (PDC Energy, Noble, et al ) and DCP Midstream
> > > should be stayed until an Administrative Procedures Act for Zoning in
> > > Weld County is enacted The act needs to require a "rule making"
> > > procedure with public notice Most importantly, the act needs to
> > > require that independent "administrative law judges" rule on all
> > > applications for exceptions to the zoning map Independent judges
> > > are essential Neither the appearance of bias nor any actual
> > > corruption in government can be tolerated
>>>
>>>
>>>
> > > 7 In addition to independent "administrative law judges" a
> > > procedure must exist to allow opponents of an application to gain the
> > > information necessary to make their objection In the case involving
> > > Application USR 18-0099, there are neither independent law judges nor
> > > a procedure that allows opponents of an application to gain necessary ,
26
> > > information
> > > 8 DCP Midstream's Attorney Groom has given the appearance,
> > > whether or not it is also an actual fact, that he knows how different
> > > Commissioners will vote on Application USR 18-0099 His appearance of
> > > judicial impropriety is not unique to this particular case before the
> > > County Commissioners Attorney Groom participated in the Martin
> > > Marietta case where Martin Marietta applied to place an industrial
> > > asphalt plant in an agriculture zone Attorney Groom was attorney for
> > > one of the affiliates of Martin Marietta In that case, the District
> > > Court remanded the decision back to the County Commissioners ordering
> > >-that the Commissioners make findings of fact as to why the
> > > Commissioners had granted the Application During the remand, the
> > > attorneys for Martin Marietta communicated with Weld County Attorney
> > > Barker and the Weld County Commissioners without disclosing those
> > > communications to opposing counsel This ex parte communication is
> > > prohibited The attorney for one side cannot communicate with the
> > > judge except in court or by paper with a copy to the opposing side
>>>
>>>
>>>
> > > 9 When Martin Marietta communicated with Weld County
> > > Commissioners, the Commissioners were wearing their judicial hats
> > > They wear these judicial hats at least 20% of the five-day work week,
> > > i e every Wednesday, when they sit as administrative law judges to
> > > consider applications by the oil companies who are seeking exceptions
> > > to the zoning code in order to place industrial plants in agricultural
> > > zones The reason that the Weld County Commissioners, acting as
> > > judges, sit so often on exception hearings is because the Weld County
> > > Commissioners, acting as legislators and executives, fail to pass an
> > > administrative rule -making amendment to the zoning map when such
> > > amendments are clearly necessary Such an amendment was necessary in
> > > 2014 when DCP first proposed the Grand Parkway
>>>
>>>
>>>
> > > 10 County Attorney Barker has an irreconcilable conflict of interest
> > > in trying to give legal advice to the Commissioners when they are
> > > wearing their various hats as judges, legislators, and executives He
> > > has an even more irreconcilable conflict of interest when he fields
> > > information from the attorneys who are hired by industrial clients to
> > > help them seek exemptions from the Commissioners in order to build
> > > industrial plants in agricultural areas Through discovery for this
> > > case, I need to know all of the ex parte communications as well as any
> > > and all transfers of money or gifts that might affect the
> > > Commissioners while they are acting as judges in this case
>>>
>>>
>>>
> > > 11 County Attorney Barker has consistently refused my Open Records
> > > Requests First, County Attorney Barker evoked "privilege" in his
> > > refusal to grant my Open Records Request for the documents in the
> > > Martin Marietta case See the email chain in Exhibit 22 Second,
> > > County Attorney Barker refused my Open Records Request for documents
27
> > > in the illegal transfer of money from companies doing business with
> > > Weld County through United Way for the Breckenridge meeting of the
> > > Commissioners and others See the email chain in Exhibit 23 In
> > > that illegal transfer PDC Energy transferred $1500 through United Way,
> > > all the while knowing that the $1500 was being laundered by United Way
> > > for the Breckenridge trip Comments of Commissioner Conway in the
> > > Greeley Tribune article give the appearance that County Attorney
> > > Barker advised Commissioner Kirkmeyer to run the transfers through
> > > United Way Third, Attorney Barker denied my Open Records Request for
> > > all communications between his office and DCP Midstream I hereby
> > > renew all three of these Open Records requests as new requests so that
> > > the issue of the validity of these denials by Attorney Barker can be
> > > reviewed on appeal of this case
>>>
>>>
>>>
> > > 12 Weld County's present procedures make it impossible for any
> > > opponent of the exemption application to gain the necessary facts with
> > > which to mount an opposition to the application In this Application
> > > USR 18-0999, DCP Midstream has refused to voluntarily provide any of
> > > the information which I have requested in this email chain
> > > Furthermore, neither County Attorney Barker nor DCP Attorney Groom
> > > have responded with any written response to the legal arguments in
> > > this email chain Nor is there any opportunity at the actual hearing
> > > on the application to cross-examine witnesses Thus, the opponents of
> > > the application are denied due process of law and a meaningful
> > > opportunity to contest the application
>>>
> > > In my email dated Jan 1, 2019 (Exhibit 18), I listed 18 exhibits for
> > > the hearing on USR 18-0099 In addition to those exhibits, I add the
> > > following exhibits
>>>
> > > 19 Copy of my email to County Attorney Barker on November 28, 2018
> > > which has the correct links to the articles
>>>
> > > 20 Copy of the reply email from County Attorney Barker on November
> > > 29, 2018 with the altered links to the articles Someone — was it you
> > > Attorney Barker — attacked my computer
>>>
> > > 21 Email from Deputy Clerk of the Board to me dated December 27, 2018
> > > with Application Numbers and Commissioners present for the hearing on
> > > Dec 19 and Dec 26, 2018
>>>
> > > 22 Email chain "RE PDC Energy / Spot Zoning / S E of 'Spanish
> > > Colony' " containing Open Records Request for Martin Marietta ex parte
> > > communications
>>>
> > > 23 Email chain "RE Weld County United Way Transfer / County Attorney
> > > Barker" containing Open Records Request
>>>
> > > 24 Email dated Dec 31, 2018 from me to Deputy Clerk re transcript of
> > > hearing on Dec 19, 2018 and transcript of hearing on Jan 23, 2019
>>>
> > > 25 Copy of this email Dated Jan 22, 2019 and the accompanying chain
> > > of emails working backwards in time
>>>
28
> > > Bill Danks
>>>
> > > On Mon, Jan 21, 2019 at 4 17 PM William Danks <wcdanks@edanks com> wrote
>> >>
> > > > To Patrick Groom as attorney for DCP Midstream,
>> >>
> > > > I just received this message from DCP Midstream requesting a
> > > > continuance A copy is reproduced below We need to know the reason
> > > > you are requesting a continuance so that we can be prepared to respond
> > > > to your request
>> >>
> > > > Have you already communicated the request to anyone in Weld County
> > > > Government'? Did you make the request verbally, in writing or both'? If
> > > > verbally, who have you talked to and state what was said If you made
> > > > the request in writing, then forward immediately to me your written
>> » request
>> >>
> > > > Regarding your request to continue the December 19, 2018 hearing, now
> > > > is a good time for you, County Attorney Barker and County Planner Kim
> > > > Ogle to make full disclosure of how that request was made and how the
> > > > Commissioners had decided to grant the request before we arrived in
> > > > the Clerk's office on December 19 for that hearing
>> >>
>> >> Bill Danks
>> >>
>> » Bill Danks
>> >>
>> >>
> > > > Prairie Compressor Station continuance request
>> >>
> > Inbox
> »x
>> >>
> > > > Borders, Shannon
>> >>
> >> 2 03 PM (1 hour ago)
> > > > to Shannon
>> >>
>> >> Hello,
> > > > On Wednesday, January 23, DCP is scheduled to present the Prairie
> > > > Compressor Station (USR18-0099) at the Weld County Board of County
> > > > Commissioners hearing We wanted to let our neighbors know we are
> > > > requesting a continuance to a date in early March While we cannot
> > > > anticipate whether or not the continuance will be granted, we wanted
> > > > to keep you informed as we move through the process Please let me
> > > > know if you have questions
>> >> Regards,
> > > > Shannon Borders
> > > > Community Outreach Manager
> > > > DCP Midstream
> > > > cell 970 652 0397
> > > > sborders@dcpmidstream corn
>> >>
>> >>
>> >>
> > > > On Sat, Jan 19, 2019 at 4 44 PM William Danks <wcdanks@edanks corn> wrote
29
»»>
> > > > > To Weld County Attorney Bruce Barker and District Attorney Michael Rourke,
»»>
> > > > > On January 1, 2019, I sent an email to you, County Attorney Barker,
> > > > > stating that "someone has attacked my computer " Mr Barker, I have
> > > > > received no response from you
> > > > > In a few minutes, I will forward to you my email to you dated November
> > > > > 28, 2018 at 8 32 a m and then in a few minutes after that, I will
> > > > > forward your email to me dated November 29, 2918 at 8 43 a m Please
> > > > > compare the wording of the http links in the email chain for the dates
>>>>>ofNovember24at447pm and November 16, at 15pm You will
> > > > > see that you changed the links to https //urldefense proofpoint com/v2/url9u=http-
3A_urldefense&d=Dwl FaQ&c=A8J9jb3_ClsSlatombgkDA&r=y1 xwAFik4NylzLWMIPpNxRidKiUTKHSFsiH2b_
Lhi6w&m=kpalgz3sH5aKaEVHHdv5ZJaLUzKQ1 c4nZbAvAwf04nA&s=l-18SBktRdDg4_MPYd-
jkFj59ve8xzgna2oK1zPdg4&e= Thus, when I
> > > > > continued to add future emails to this chain, the recipients of my
> > > > > future emails had corrupted link
»»>
> > > > > County Attorney Barker , someone attacked my computer -- was it you?
»»>
>> >> > Bill Danks
» »>
» »>
» »>
> > > > > 17 William Danks email chain working backward from email to "Paul"
> > > > > Park dated Wed Nov 28, 2018, and with email dated Nov 28, 2018 to
> > > > > "Custodian of Records " and with email to "Paul" Park dated Nov
> > > > > 24, 2018 and with email to Paul dated Nov 16, 2018 and email dated
> > > > > Nov 12 from Paul to "Bill" Please note the links in this copy of the
> > > > > emails will take one to the correct site Somehow, these links same
> > > > > links were changed in the following Exhibit which contains copies of
> > > > > the same emails i e someone has attacked my computer For example,
> > > > > the link https //urldefense proofpoint com/v2/url?u=http-3A_clr-2D34 org_martin-2Dmanetta-
2Dhwy34-2Dproject_appeal-2 Dto-2Dthe-2Dco-2Dcourt-2 Dof-
2Dappeals_&d=DwIFaQ&c=A8J9jb3_CIsSlatombgkDA&r=ylxwAFik4NylzLWMI PpNxRidKIUTKHSFsiH2b_Lhi -
6w&m=kpalgz3sH5aKaEVHHdv5ZJaLUzKQ1 c4nZbAvAwf04nA&s=5MIn5TWh73exzmg PZFA5tL2dyUJjNp5Ip5
Euy8NHPYQ&e=
> > > > > found in my original email dated November 24 has through this attack
> > > > > been changed so that the link will now read in this email as follows
» »>
> > > > > https //urldefense proofpoint com/v2/url?u=http-3A_clr-2D34 org_mar
> > > > > tin-2Dmanetta-2Dhwy34-2Dproject_appeal-2Dto-2Dthe-2Dco-2Dcourt-2Dof-2
» »>
Dappeals_&d=DwIFaQ&c=A8J9jb3_CIsSlatombgkDA&r=ymelOMIGv999gMR2uKPQmIMueLzFpzjsdP5OXag8
_a8&m=Y92g1 KHQAZ7LHwNtVFfQgRHMghw7wiiD5KIWcs0YwoE&s=iAuf
> > > > > AHUZ9rKupRGEZdOyE4FjPbjEbWiPgT5vINLgNok&e=
» »>
> > > > > On Tue, Jan 1, 2019 at 7 24 PM William Danks <wcdanks@edanks com> wrote
> >>>»
> > > > > > To Paul Park as agent for Bonanza, Patrick Groom as attorney for DCP,
> > > > > > Weld County Attorney Bruce Barker, Weld County Commissioners
>> >> >>
> > > > > > Re Bonanza Application USR 18-0099 - Hearing Before Weld County
> > > > > > Commissioners set for January 23, 2019
>> >> >>
> > > > > > Exhibit and Witness List of William C Danks, 30150 CR 50, Kersey, Co 80644
30
>> >> >>
> >> » Exhibits
>> >> >>
> »» 1
Planning Department home page for USR 18-0099 with links to
> > > > > > the following exhibits 2- 11 found at
>> >> >>
https //www weldgov com/departments/planning_and_zoning/current_planning_cases/december_4_2018_p_
c_heanng/
>> >> >>
»»»2
»»>
»»>
»»>
»»>
»»>
»»>
»»>
»»>
»»>
>> >>
>> >>
»»»8
> >>>»
»»» 9
>> >> >>
> > > > > > 10
> >>>»
> > > > > > 11 Draft PC Resolution— 10 pp
> >>>»
> > > > > > 12 USE BY SPECIAL REVIEW (USR) PROCEDURAL GUIDE CHECKLIST (16 pp )
»»» FOUND AT
https //www weldgov com/UserFiles/Servers/Server_6/File/Departments/Planning%20&%20Zoning/Land%20U
se%20Applications%20and%20Assistance/Land%20Use%20Applications/Applications/USR pdf
>> >> >>
>> 7
Application of Bonanza — 68 pp
Drainage Report — 13 pp
Lighting Plan — 3 pp
Tower Information — 11 pp
USR Maps — 4 pp
Utilities — 5 pp
Referral Comments — 15 pp
PC Exhibits —12 pp
Staff Report -12 pp
>> >> » 13 "Midstream 101"
> > > > > > https //urldefense proofpoint com/v2/url7u=http-
3A_www dcpmidstream com company_midstream-
2D101&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=y1 xwAFik4NylzLWMIPpNxRidKiUTKHSFsiH2b_Lhi6w&m
=kpalgz3sH5aKaEVHHdv5ZJaLUzKQ1 c4nZbAvAwf04nA&s=AaRf1AdwnNVQ8Cn4m5X7xOWIdgLX5yo1 BZIE
5VXKQkA&e= and any and all
> > > other items on the DCP Midstream web page
>>>
> > > 14 "Appellants' Opening Brief" (54 pp ) in Court of Appeals in
> > > "Martin Marietta" case Case No 2017CA463 (Appeal from Weld County
> > > District Court Case No 2015CV30776) This brief and other pleadings
> > > and court decisions can be found at
> > > > > > https //urldefense proofpoint com/v2/url7u=http-3A_clr-2D34 org_martin-2Dmarietta-2Dhwy34-
2Dproject_appeal-2Dto-2Dthe-2Dco-2Dcourt-2Dof-
2Dappeals_&d=DwI FaQ&c=A8J9jb3_CIsSIatombgkDA&r=y1 xwAFik4NylzLWMIPpNxRidKiUTKHSFsiH2b_Lhi
6w&m=kpalgz3sH5aKaEVHHdv5ZJaLUzKQ 1 c4nZbAvAwf04nA&s=5M I n5TWh73exzmg PZFA5tL2dyUJjNp5lp5
Euy8NHPYQ&e=
>> >> >>
> > > > > > 15 "Installation of Colorado's Grand Parkway Overcomes it All"
> > > > > > Posted by American News, January 23, 2018 found at
> > > > > > https //urldefense proofpoint com/v2/url'2u=https-3A_news amencan-
2Dusa com_2018_01_23_coloradograndparkway_&d=DwIFaQ&c=A8J9jb3_ClsSlatombgkDA&r=y1 xwAFik4Ny
31
IzLWMIPpNxRidKIUTKHSFsiH2b_Lhi6w&m=kpalgz3sH5aKaEVHHdv5ZJaLUzKQ1 c4nZbAvAwf04nA&s=LcUV
IAo3w6TP1 K3rlhhgOcJxp1 Km37zCKT9tIpyjANl&e=
>> >> >>
> > > > > > 16 "Mewbourn 3 Plant and Grand Parkway" article (1 p ) found on the
> >> » DCP web page at
> > > > > > https //urldefense proofpoint com/v2/url?u=https-
3A_www dcpmidstream com_dcpmidstream_media_DCP_Pdfs_Mewbourn3-5FFact-5FSheet-
5FFinal pdf&d=DwIFaQ&c=A8J9jb3_CIsSlatombgkDA&r=ylxwAFik4NylzLWMIPpNxRidKiUTKHSFsiH2b_Lhi6
w&m=kpalgz3sH5aKaEVHHdv5ZJaLUzKQ 1 c4nZbAvAwf04nA&s=SgreFziJNVrOZUgL8PHIzIKRIaO72pEAXgIc
AQfaU0o&e=
> >>>»
> > > > > > 17 William Danks email chain working backward from email to "Paul"
> > > > > > Park dated Wed Nov 28, 2018, and with email dated Nov 28, 2018 to
> > > > > > "Custodian of Records " and with email to "Paul" Park dated Nov
> > > > > > 24, 2018 and with email to Paul dated Nov 16, 2018 and,email dated
> > > > > > Nov 12 from Paul to "Bill" Please note the links in this copy of the
> > > > > > emails will take one to the correct site Somehow, these links same
> > > > > > links were changed in the following Exhibit which contains copies of
> > > > > > the same emails i e someone has attacked my computer For example,
> > > > > > the link https //urldefense proofpoint com/v2/url7u=http-3A_clr-2D34 org_martin-2Dmarietta-
2Dhwy34-2Dproject_appeal-2Dto-2Dthe-2Dco-2Dcourt-2Dof-
2Dappeals_&d=Dwl FaQ&c=A8J9jb3_ClsSlatombgkDA&r=y1 xwAFik4NylzLWMI PpNxRidKiUTKHSFsiH2b_Lhi
6w&m=kpalgz3sH5aKaEVHHdv5ZJaLUzKQI c4nZbAvAwf04nA&s=5MIn5TWh73exzmgPZFA5tL2dyUJjNp5Ip5
Euy8NHPYQ&e=
> > > > > > found in my original email dated November 24 has through this attack
> > > > > > been changed so that the link will now read in this email as follows
>> >> >>
> > > > > > https //urldefense proofpoint com/v2/url7u=http-3A_clr-2D34 org_mar
> > > > > > tin-2Dmarietta-2Dhwy34-2DproJect_appeal-2Dto-2Dthe-2Dco-2Dcourt-2Dof-2
> >>>»
Dappeals_&d=DwIFaQ&c=A8J9jb3_CIsSlatombgkDA&r=ymel0MiGv999gMR2uKPQmIMueLzFpzjsdP5OXag8
_a8&m=Y92g 1 KHQAZ7LHwNtVFfQgRHMghw7wiiD5KIWcs0YwoE&s=iAuf
> > > > > > AHUZ9rKupRGEZdOyE4FjPbjEbWiPgT5vINLgNok&e=
>> >> >>
>> >> >>
>> >> >>
> > > > > > 18 William Danks email chain working back from this email which is
> > > > > > dated Jan 1, 2019 are emails dated Dec 27, Dec 11, Dec 22, Dec
> > > > > > 11, Dec 10, Nov 30, Nov 29, Nov 28, Nov 24, Nov 16, Nov 12
>> >> >>
> > > > > > Witness to be called for cross examination and under oath at the
> > > > > > hearing on this Application The witnesses are requested to either
> > > > > > provide before the hearing or bring to the hearing all communications
> > > > > > (digital or paper) as shown Note, none of the communications are
> > > > > > between an attorney and the client of that attorney Thus, none are
> > > > > > within the attorney -client privilege or any other privilege which
> > > > > > would prevent disclosure
>> >> >>
i
> > > > > > 1 Attorney for DCP, Patrick Groom All communications starting
> > > > > > from June 1, 2018 to Jan 23, 2019 between Mr Groom and any of the
> > > > > > following Bruce Barker, B Kirkmeyer and/or any of the other Weld
> > > > > > County Commissioners, Bonanza Creek including any of its attorneys
>> >> >>
> > > > > > 2 County Attorney Bruce Barker All communications starting from
> > > > > > Jan 1, 2014 to Jan 23, 2019 between Mr Barker and DCP including
> > > > > > any of its affiliate companies and any of its attorneys
32
>> >> >>
> > > > > > 3 County Commissioner Barbara Kirkmeyer All communications
> > > > > > starting from Jan 1, 2014 to Jan 23, 2019 between Ms Kirkmeyer and
> > > > > > DCP including any of its affiliate companies and any of its
> >> >> attorneys
>> >> >>
>> >> » Bill Danks
>> >> >>
>> >> >>
> > > > > > On Thu, Dec 27, 2018 at 5 08 PM William Danks <wcdanks@edanks corn> wrote
»»»>
> > > > > > > To Paul Park as agent for Bonanza, Weld County Commissioners, and
> > > > > > > Weld County Attorney Barker
»»»>
»»»>
»»»>
> > > > > > > Motion to Disqualify County Commissioners Moreno, Conway, Cozad,
> > > > > > > Freeman, Kirkmeyer and County Attorney Barker from participating in
> > > > > > > the Commission hearing on Bonanza Application USR 18-0099
»»»>
> > > > > > > The disqualification is for the following reasons
»»»>
> > > > > > > 1 The December 19, 2018 final hearing on Bonanza Application
> > > > > > > USR 18-0099 was postponed under circumstances which raise serious
> > > > > > > issues concerning the Commissioners' abilities to render a fair and
> > > > > > > impartial decision on the merits of the application
»»»>
> > > > > > > 2 Article 3 of the Colorado Constitution and the common law on
> > > > > > > conflicts (discussed in my email dated November 11, 2018, a copy of
> > > > > > > which is reproduced below) prohibits the Commissioners from making
> > > > > > > judicial decisions while also making legislative and executive
> > > > > > > decisions on the same subject matter
»»»>
> > > > > > > The undisputed facts on #1, are as follows
»»»>
> > > > > > > Sometime prior to December 19, 2018, Attorney Groom had communications
> > > > > > > with Weld County officials requesting a continuance of the December 19
> > > > > > > hearing One or more of the Weld County Commissioners advised the
> > > > > > > clerks that the December 19 hearing would be postponed until December
> > > > > > > 26 None of the many opponents to the December 19 hearing were
> > > > > > > informed that there would be a continuance Some opponents attended
> > > > > > > the hearing Prior to December 19 and without any public disclosure,
> > > > > > > the Commission agreed to the postponement of December 19 and
> > > > > > > tentatively agreed to a December 26 hearing date At no time during
> > > > > > > the public hearing on December 19 did Attorney Groom give to the
> > > > > > > Commissioners any reason for requesting the continuance, such as an
> > > > > > > evidence problem due to the unavailability of a supporting witness on
> > > > > > > December 19 and that witness's availability on December 26
»»»>
> > > > > > > Based on these undisputed facts, it is highly likely that Attorney
> > > > > > > Groom during communications with Weld County officials learned which
> > > > > > > Commissioners would be present on December 19 and which Commissioners
> > > > > > > would be present on December 26 With this information, Attorney
> > > > > > > Groom could determine whether Application USR 18-0099 would be
> > > > > > > defeated on December 19 and passed on December 26 With a sworn
> > > > > > > affidavit, Attorney Groom should state whether this likelihood is an
33
> > >> > undisputed fact
> »»>
> > > > > > > On December 19, 2018, unaware of the above undisputed facts, I arrived
> > > > > > > for the scheduled hearing before the Commissioners on Bonanza
> > > > > > > Application USR 18-0099 At the entry to the hearing room, I looked
> > > > > > > for a copy of the agenda so that I could determine when the Commission
> > > > > > > would hear the Bonanza Application Finding no Agenda posted, I went
> > > > > > > to the office of the Clerk for the Commission There a group of three
> > > > > > > clerks told me that the Bonanza Application had been postponed at the
> > > > > > > request of Attorney Groom and that it was going to be rescheduled for
> > > > > > > December 26, 2018 I stated that neither I nor any of the other
> > > > > > > neighbors protesting the application had heard about the postponement
> > > > > > > and that we were present for the hearing I further said that my wife
> > > > > > > and I would not be able to come on December 26 One of the clerks
> > > > > > > stated that we could ask the commissioners for a different date
»»»>
> > > > > > > I proceeded to the hearing room and met with Attorney Groom I asked
> > > > > > > Attorney Groom why he had not given any of the protestors any advance
> > > > > > > notice that he had requested a postponement and a re -scheduling to
> > > > > > > December 26 He gave no response I then asked him whom he had
> > > > > > > contacted at Weld County to secure the postponement After some
> > > > > > > hesitation, he said Kim Ogle (Planner with the Planning Department who
> > > > > > > was assigned to this Application) I told Attorney Groom that we
> > > > > > > could not attend on December 26, to which he gave no response
»»»>
> > > > > > > Following a recess, three Commissioners chaired by Commissioner
> > > > > > > Kirkmeyer and joined by Commissioners Cozad and Freeman, re -convened
> > > > > > > and called the 10 a m docket The docket consisted of the Bonanza
> > > > > > > Application and the Applications of three other companies All four
> > > > > > > applications were seeking an industrial use in an agriculture zone
> > > > > > > under the USR (Use for Special Review) procedure
»»»>
> > > > > > > At this time, Commissioner Kirkmeyer asked all four applicants to come
> > > > > > > forward Attorney Groom stepped forward and identified himself as
> > > > > > > attorney for DCP Midstream Attorneys (or representatives, it was
> > > > > > > unclear which) for the other three applicants (Rocky Mountain
> > > > > > > Midstream LLC for USR 18-0098, DJ South Gathering LLC for USR 18-0099,
> > > > > > > and USR 18-0140 for Outrigger DJ Operating, LLC) stepped forward
> > > > > > > Commissioner Kirkmeyer told them that since there were only three
> > > > > > > Commissioners present, they had the option to proceed or not proceed
> > > > > > > She explained that if they did proceed, each of their applications
> > > > > > > would have to receive the approval of all three commissioners present
> > > > > > > (Kirkmeyer, Cozad and Freeman) in order for the application to be
> > > > > > > granted (In the Clerk's office, none of the three clerks had
> > > > > > > mentioned anything to me about the number of Commissioners who would
> > > > > > > be attending the hearing or the number of affirmative votes which
> > > > > > > would be required to approve an application )
»»»>
> > > > > > > Despite being told that a negative vote by any of the three
> > > > > > > Commissioners present would cause their applications to be denied and
> > > > > > > without an opportunity to discuss this "new" news with their clients,
> > > > > > > the other three applicants stated without any hesitation that they
> > > > > > > wanted to proceed Attorney Groom, also without any hesitation or
> > > > > > > need to discuss with his clients, stated that he as attorney for DCP
> > > > > > > Midstream did not want to proceed and wanted Application USR 18-0099
> > > > > > > postponed to December 26
34
» »»>
> > > > > > > All of this gave the appearance that none of this was "new" news to
> > > > > > > any of the four companies who had applications scheduled for final
> > > > > > > decision on December 19 All four gave the appearance that they had
> > > > > > > previously considered the situation and knew exactly what they were
> > > > > > > going to do, i e go forward with the three commissioners or rather in
> > > > > > > the case of Mr Groom, not go forward and ask for a postponement to
> >> >> > December 26
» »»>
> > > > > > > My wife, Noblet Danks, then raised her hand and she spoke in
> > > > > > > opposition to the continuance, stating inter alia, that Attorney Groom
> > > > > > > did not have the legal authority to speak for Bonanza or the legal
> > > > > > > authority to ask for a postponement of Bonanza's Application She
> > > > > > > stated that she and other opponents of the application were present in
> > > > > > > the hearing room and wanted to have the hearing that they had come
> > > > > > > for She did not state what we had stated to the three clerks in the
> > >r> > > > clerk's office, that we would be unable to attend on December 26
» »»>
> > > > > > > Commissioner Kirkmeyer appeared ready to grant the December 26 date
> > > > > > > but Commissioner Cozad spoke, saying that December 26, the day after a
> > > > > > > major holiday, might possibly be difficult for some to attend
> > > > > > > Commissioner Kirkmeyer then asked for a show of hands from the
> > > > > > > protesting neighbors to indicate who would be unable to attend on
> > > > > > > December 26 A number raised their hands CommissionerKirkmeyer then
> > > > > > > called on Attorney Groom who again reiterated that he wanted the
> > > > > > > hearing on December 26 and Commissioner Cozad indicated her
> > > > > > > disagreement to December 26 perhaps by only turning toward
> > > > > > > Commissioner Kirkmeyer Chair Kirkmeyer then cut-off further
> > > > > > > discussion and called for an immediate vote on a postponement to a
> > > > > > > hearing date of January 23, 2019 All three commissioners then voted
> > > > > > > in favor of the postponement to January 23, 2019
» »»>`
> > > > > > > On December 19, all three Commissioners (Kirkmeyer, Cozad and Freeman)
> > > > > > > voted in favor and thus the Commission approved the other three
> > > > > > > applications for Use by Special Review to place an industrial use on
> > > > > > > property zoned for agriculture (Commissioners Moreno and Conway not
> > > > > > > participating since they were absent on December 19 ) Thus, the
> > > > > > > "immediate" decision to proceed of the other three oil companies
> > > > > > > turned out to be the correct decision for those three companies One
> > > > > > > would think that their clients would have been terribly upset if the
> > > > > > > decision to proceed turned out to be a bad decision since, from all
> > > > > > > appearances at the hearing, the decision to proceed was made without
> > > > > > > any real consultation with their clients
» »»>
> > > > > > > On December 26, 4 of the 5 Commissioners were present, Moreno,
> > > > > > > Kirkmeyer, Cozad and Freeman Commissioner Conway was again absent
> > > > > > > These four Commissioners considered two more applications for Use by
> > > > > > > Special Review — one being approved and one being referred back to the
> > > > > > > Planning Department
» »»>
> > > > > > > At no time on December 19 did Attorney Groom state to me in our
> > > > > > > private discussions that he was requesting a postponement because of a
> > > > > > > witness who could not be present on December 19 but could be present
> > > > > > > on December 26 Nor did he give to me any other evidentiary problem
> > > > > > > on December 19 which motivated him to ask for a continuance of the
»»»>date
35
» »»>
> >, > > > > > From the facts disclosed, Attorney Groom spoke, prior to December 19,
> > > > > > > with either a Commissioner or with Attorney Bruce Barker or with
> > > > > > > Planner Kim Ogle or with another Weld County official to seek a
> >`> > > > > postponement He did not advise any of the application's opponents of
> > > > > > > that conversation It appears likely that during that conversation,
> > > > > > > he somehow learned which Commissioners were going to be present on
> > > > > > > December 19 and which Commissioners were going to be present on
> > > > > > > December 26 He did not share what he learned with the application's
> > > > > > > opponents Somehow, he then made a determination that the
> > > > > > > Commissioners present on December 19 would deny the application and
> > > > > > > that the Commissioners present on December 26 would grant the
> > > > > > > application
» »»>
> > > > > > > The appearance if not the actual fact of the postponement is as
> > > > > > > follows Attorney Groom concluded sometime before December 19
> > > > > > > that Commissioner Cozad would vote against the Bonanza application on
> > > > > > > December 19 and the application would thereby be denied Attorney
> > > > > > > Groom further concluded sometime before December 19 that at the
> > > > > > > Commission hearing on December 26, three Commissioners, (Kirkmeyer,
> > > > > > > Freeman and Moreno) would vote for the Bonanza application and it
> > > > > > > would be approved
»»»>
> > > > > > > Based on the appearance if not the actual fact of serious concerns
> > > > > > > about the integrity of any decision by the present Commissioners, I
> > > > > > > request that all of the facts concerning the postponement and any
> > > > > > > communications between Attorney Groom and any Weld County official or
> >-> > > > > employee concerning Application USR 18-099 after December 5, 2018 be
> >> > > made public
»»»>
> > > > > > > Public statements are needed from at least the following Attorney
> > > > > > > Groom, County Attorney Barker, Commissioner Kirkmeyer, and
> > > > > > > Commissioner Cozad
»»»>
> > > > > > > These statements should be made either at a hearing under oath and
> > > > > > > subject to cross examination or at a minimum by sworn affidavit
» »»>
> > > > > > > Furthermore, the three clerks who very honestly stated to us in the
> > > > > > > Clerk's office when we sought to get an agenda for the December 19
> > > > > > > proceedings that the Bonanza Application had been postponed from
> > > > > > > December 19 to December 26 and said that we could ask the
> > > > > > > Commissioners for a different date since we could not be present on
> > > > > > > December 26, should not be punished in any manner They were being
> > > > > > > courteous public servants
» »»>
> > > > > > > In addition to the grounds stated above, some of the other grounds for
> > > > > > > the disqualification are set forth in my email which was sent on
> > > > > > > December 11, 2018 A copy of the email is reproduced below This is a -
> > > > > > > serious legal argument based upon Article III of the Colorado
> > > > > > > Constitution and the common law conflicts of interest which disqualify
> > > > > > > a person from sitting in, a judicial capacity such as the one which the
> > > > > > > Commissioners propose to hold on January 23, 2019 on Bonanza
> > > > > > > application USR 18-0099
» »»>
> > > > > > > If either Weld County Government or Bonanza disagrees to this motion
> > > > > > > for disqualification, a thoughtful legal brief should be written in
36
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opposition at this time and before any hearing by the Commissioners
Bill Danks
From William Danks <wcdanks@edanks com>
Date Tue, Dec 11, 2018 at 1 23 PM
Subject Re contact info
To <ppark@dcpmidstream corn>, <kogle@weldgov corn>, Mike Freeman
<mfreeman@weldgov corn>, Sean Conway <sconway@weldgov corn>, Steve
Moreno <smoreno@weldgov corn>, Julie Cozad gcozad@weldgov com>, Bruce
Barker <bbarker@weldgov corn>, Mike Livengood <mlivengood@weldgov corn>
DCP Representative Paul Park, Weld County Commissioners, County Attorney Barker,
All of the arguments stated in this chain of emails are submitted in
opposition to the Application of DCP which is scheduled to be heard by
the Weld County Commissioners on December 19, 2018
In addition, I object any and all of the Weld County Commissioners
acting as the judicial decision makers in deciding whether or not to
approve the DCP Application
The structure of the Weld County government in which the Commissioners
act in a judicial, executive and legislative capacity violate the
separation of powers They cannot sit as an impartial and fair
tribunal to decide the judicial question of the application because
of their past actions in this matter as a legislative and executive
body
Furthermore, I object to County Attorney Barker advising or assisting
in any manner the Commissioners or any other person or persons who sit
in a judicial capacity to make an ultimate decision 'on the application
of DCP because of the County Attorney's conflict of interest in
representing the Weld County Commissioners in their legislative and
executive functions of first'enacting the zoning laws and then
implementing those zoning laws
In addition to the common law conflict of interest of the
Commissioners acting in a judicial role following their legislative
and executive roles, the Commissioners are disqualified by virtue of
Article 3 of the Constitution of Colorado which states
"Art III Distrib
37
Selena Baltierra
To:
Subject:
Esther Gesick
RE: Withdrawal letter USR18-0099
On Mar 21, 2019, at 11:41 AM, Park, Paul D <PPark@dcpmidstream.com>wrote:
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Esther
Please see attached withdrawal letter for USR18-0099.
Thanks,
Paul
DCP Operating Company LP
Paul D Park -Senior Regulatory Analyst
3026 4th Avenue
Greeley, CO 80631
970-539-1908
From: Patrick Groom [mailto:PGroom@wobjlaw.com]
Sent: Wednesday, March 20, 2019 2:33 PM
To: Barry, Alison E <AEBarry@dcpmidstream.com>; Jost, David M <DMJost@dcpmidstream.com>
Cc: Park, Paul D <PPark@dcpmidstream.com>
Subject: Prairie
Alison, David and Paul: Attached please find a copy of the letter that was submitted to the
County. Thanks.
PATRICK M. GROOM, ESQ.
Witwer, Oldenburg, Barry & Groom, LLP
822 7th St., Ste. 760
Greeley, CO 80631
(970) 352-3161
(970) 313-4776 - Direct
(970) 352-3165 - Fax
*** WARNING: This email originated from outside of DCP Midstream. Do not click links or
open attachments unless you recognize the sender and know the content is safe. Safety and
security starts with each of us.***
<USR Withdrawal Letter.pdf>
1
To:
From:
Subject:
Date:
MEMORANDUM
Board of County Commissioners
Kim Ogle, Planning Services
Request for Withdrawal of USR18-0099
March 25, 2019
The Department of Planning Services received a letter dated March 20, 2019 from Patrick Groom,
Esq., with Witwer Oldenburg Barry & Groom, LP, the applicant's representative requesting to
withdraw case number USR18-0099 for DCP Operating Company, LP for a Site Specific
Development Plan and Use by Special Review Permit for Mineral Resource Development Facilities,
Oil and Gas Support and Service, Natural Gas Compressor facility, and one (1) up to one hundred
(100) feet in height secure communications tower; a temporary laydown and storage yard, and up to
eight (8) construction office trailers and sixteen (16) conex for use during the construction of the
facility in the A (Agricultural) Zone District. (DCP Operating Company, LP — Prairie Compressor
Station)
The applicant's letter indicates that upon additional evaluation of production demands and the
current system configuration, DCP determined that the subject property does not need the additional
compression in this location at this time.
Therefore, the Department of Planning Services on behalf of the applicant, requests that case
number USR18-0099 be withdrawn.
SERVICE, TEAMWORK, INTEGRITY, QUALI FY
WITWER, OLDENBURG, BARRY & GROOM, LLP
Attorneys at Law
822 7th Street, Sulte 760
Greeley, CO 80631
STOW L WITWER, JR
R SAM OLDENBURG
JOHNJ BARRY
PATRICK M GROOM
KENTA NAUGH TON
DAVID SKARKA
Kim Ogle
Weld County Department of
Planning Services
155 North 17th Ave
Greeley, CO 80631
Re USR 18-0099
Dear Kim
By
March 20, 2019
-mail and US Mail
TELEPHONE (970) 352-3161
FACSIMILE (970) 352-3165
SENDER'S EMAIL ADDRESS
PGROOM@WOBJLAW COM
DCP Operating Company, LP, a Delaware limited partnership ("DCP"), as
Applicant, hereby elects to withdraw USR Applicatipn USR 18-0099 After further
evaluation of production demands and its system configuration, DCP has determined that it
does not need additional compression in the location of the subject property at this time
DCP reserves the right to refile the application if its needs change in the future
On behalf of DCP, we would like to thank you and the staff at the Weld County
Department of Planning Services for your assistance 'n processing the application
If you have any questions regarding this matt i, please do not hesitate to contact me
1
Very truly yours,
WITWER, OLDENBURG,
BARRY &.CR, LLP
Patrick M Groom
PMG/sle
cc Alison Barry, Tom Parko
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