HomeMy WebLinkAbout20190085INVENTORY OF ITEMS FOR CONSIDERATION
Applicant DCP OPERATING, LP - PRAIRIE Case Number USR18-0099
Submitted or Prepared
Prior to At
Hearing Hearing
1
SPO TEKLER
LETTER
OF
OPPOSITION
DATED
OCTOBER
4,
2018
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SPO
PANKOW
LETTER
OF
OPPOSITION
DATED
OCTOBER
872018
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3
SPO
DAN
KB
EMAIL
STRING OF
CONCERN
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I hereby certify that the items identified herein were submitted to the Department of Planning Services at
or prior to the schecluled Planning Commissioners hearing.
Kim Oc
Ns
Planner
R
M
October 4, 2018
Weld County Planning Services
1555 N 17th Ave
Greeley, CO 80631
Case # U5R1S-0099
Name: Bonanza Creek Energy Operating Company LLC
Dear Weld County Department of Planning,
PrrPlettirm
OCT 05 2f113
\WcId County
GREELEY OFFICE
Lilly ;i'
We are writing this in response to your post card concerning plans to put a Prairie Compressor Station,
USR 18-0099 near our house. We would like to have it noted that we object to this compressor station.
I am a 34 year resident of the Kersey area, 18 of which are in our current home at 23530 County Road
59. We purchased this property for the serenity of country life. We have very stressful jobs and require
peace and quiet in our off hours to maintain a clam, peaceful demeanor. The noise that will be
produced by this project is tantamount to destroying our peace. We frequently walk the perimeter of
our property as our means of escape from the world's problems. This proposed project would curtail
our ability to find this relief. Besides this noise the lights that would further disturb our joy of life. We
do shift work and would not be able to find a time for rest (sleep). We moved into the country years ago
to relieve our respiratory systems of the pollutants of living in the metro area and are concerned this will
provide emissions that will shorten our lives as well that of our offspring's and pets. We have already
had the loss of several pets due to increased traffic and dust from trucks that are no longer considerate
on our road. We are aware that this will cause a sharp decrease in our values because our home we
have worked hard to pay for the last 18 years will no longer be as desirable to future area residents
looking for the peace we found here when we purchased this home and subsequent property to the
south of us to protect ourselves from being surrounded by others who could steal our peace. We felt
the county commissioners would also protect us from this type of an invasion.
Thank you for your time in considering our objection to USR 18-0099..
Larry and Wendy Tekler
23530 County Road 59
Kersey, CO 80644
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From: William Danks cwcda n ks@0dd3 n k5,com>
Sent: Friday, November 30, 2018 8:44 AM
To: Bruce Barker <bbarker@weldgovcor >
Cc: PPark:@c cpr idistream.com; Kim Ogle <kog e. weld'gov.+cc►rn>; Sean Conway
<scon.wav@weldgov.com>; Julie Cozad cickozad@weldgovcorn>; Mike Livengood
cmlivengood@weldgov.cem>; Mike Freeman <rxe �s-eernan@weldgov.cor >; Steve Moreno
<srnoreno@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
> 1150 0 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 DCI' 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 <hbarker reldgov.ecm> wrote;
> Mr. banks:
> 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, [ 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 "0" 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 <wcdan'ks@eda ks,.com>
> Sent: Wednesday, November 28, 2018 8:33 AM
> To: rPa , kedcpmidstream.com; Kim Ogle <kogie@weldg_ov.cor>; Sean Conway
> <scoriway(we:ldgov.com>; Bruce Barker <bbarker@weldg,ov.c.arim>; Julie Cozad
> c jcoza d@weldgov 1co m>; Mike Live ngood <m live ngood@we'ldgov,co m>; Mike
> Freeman <mfreema n@weldgov.corn>; Steve Moreno csmoreno we'ldgovtom>
> 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 0 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 er a ils 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
> > i nform 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
> >availa ble 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@eddnk.s.coril.
> > 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 edan s.com)
> on Sat, Nov 24, 2018 at 4:47 PM William Danks cw ,danks@edanks.cor > 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 T1lOC LA
> > (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
> > htturld efen5e.p - . 1
,proofpp��_�.��r��._���'url. u=��� �� ��_� ��)3,k or -g mar
>> ti
> > n-2Dmarietta-2Dhwy,34-2Dproject_appeal-2Dto-2Dthe-2Dco-2Dcourt-2Dof-2
» Da
> > ppeals_&d=Dwl FaCQ&c=A8J9jb3_ClsSlatoni bgkDA&r=ymel0MiCv999gMR2uKPQm IMu
> >eL
> > zlpzjsdP5o ag8_aB&m=Y92g1KHQAZ7LHwNtVFfQgRH Mghw7wiiD5KIWcsOYwoE Cs=iA
> > of AHUZ9rkupRGEZdoyE4Fj PbjEbWiPgT5vINLgNok$te=
»
> > 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: U5R18-0099
>>>
> > > Paul, it was also great talking to you.
» >
> > > Since we talked last Monday, l 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 (USR1R-OO99), 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
>>>
> > > bttps://urldefense.Qroofpointacem 'v rurPu=htt s -:3A news.american
»>-2
> > > Dusa.com_2O18_O1_23_coloradograndparkway_&d=DwlFaQ&c=ASJ9jb3_CIsSI
» > at
> > > ombgkDA&Cr=yrnelUMiGv999gMR2uKPQmlMueLzFpzjsdP5o agg_ag cm=Y92g1KHQAZ
» >7L
> > > HwNtVFfQq PH Mghw7wiiDSKIWcsOYwoE$6=JRcUgI J kbDfTA-fjDbRsouBkZxWblclA
»>Nh
> > > 5w-IznY&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 52 -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.
>>> Ifound the map provided by DCP at the following link to be very
> >> helpful in understanding this expenditure by DCP of $395 miilion-
> > > a figure that does not even begin to cover the cost of all the
> > > wells drilled within the circle.
> > > '(` Syr ' `�P I ` * j'� `� �� j� f*� p {�
> > IffLps://uuldefensemproofpoint.com lde Ie) psemprooII poift.com fv2 Iu I?Ur hILtPS'3A Y1V �11'�w.dcpmidsb
» > ea
>» > m.com_dcpm idstream_media_DCP_Pdfs_Mewbourn3-5FFact-5FSheet-5FFinal
>>>.p
> > > df&d=DwlFaQ84c=A8J9jb3CIsSlatorrlbgkDA8r=yr el0MiGv999gMR2uI PQmli lueLz
» > Fp
> > > zjsdP5o agg_a8&cm=Y92g1KHQAZ7LHwNtvFfQgRHMghw7wiiD5KIWcsOVwoEQCs=ViO
> > > 3y pzq U Fa M Sd D0S 1 NAa c1 Lf W k4dc8Z7 P6gxd 9T4o&e ms
>>>
> > > "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 tps ur'Idefe nse..propfpointecorrh/x2/11 r l ? u=hittP
3A www.dcpmidstream.com company midstream:
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> >
> > > 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 Denys
> > > On Mon, Nov 12, 2018 at 5:29 PM Park, Paul CP <PPark dcpmidstream4c0m> 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@dcprnidstream.com
>> »
»
Hello