HomeMy WebLinkAbout20181943.tiffINVENTORY OF ITEMS FOR CONSIDERATION
Applicant
Kerr McGee Gathering LLC
Case Number
USR18-0019
Submitted or Prepared
Prior to
Hearing
At
Hearing
PC Exhibits
1
E-mail from Rochelle Sherman received 5/1/2018
X
2
E-mail & attachments from Eric Ewing received 5/31/2018
X
3
E -mails from Roy Wardell received 6/1/2018 & 6/4/2018 along with map
attachment
X
4
E-mail from Gerald Johnson received 6/4/2018
X
I hereby certify that the 4 items identified herein was submitted to the Department of Planning Services at or prior to the scheduled
Planning Commissioners hearing.
Chris Gathman — Planner
From: Kim Ogle
To: Chris Gathman
Subject: FW: Anadarko Latham and PDC separating facilities
Date: Tuesday, May 01, 2018 3:52:23 PM
Chris
I think this is for your case
Kim
From: Rochell [mailto:msrochell44@yahoo.com]
Sent: Tuesday, May 1, 2018 3:47 PM
To: Barbara Krrkmeyer cbki rkmeyerweldgov.com>
Cc: Kim Ogle <kogle@eldgov.com>; Troy Swain <ts ain@weldgov.com>; Torn Parko Jr
<tparko@weldgov.com>; Julie Cozad cjcozad@weldgov.com>; Mike Freeman
<mfreeman@weldgov.com>; Sean Conway <sconway@weldgov.cam>; Steve Moreno
<smorenowdddgov.com>
Subject: Anadarko Latham and PDC separating facilities
Hello Barbara,
I am writing to you to protest the building of the Anadarko Latham plant. There are too many facilities
congregated together already and adding such a large midstream facility will exacerbate the noise and
pollution levels we are enduring already. Please do not approve the building of this facility.
Also, PDC is in the process of applying with the COGCC for 63 drilling wells and 7 large separating
facilities all on county road 38 between 39 and 35. Rifle Falls is being proposed within 100 feet of my
property and Ridgeway is being proposed directly next to DCP Mewbourn which is (1500 feet from us.
There are 5 more large separating facilities planned dose to us as well all on rd 35.
Barbara, there will be an aggregate of pollution coming from these facilities and the concentration of
VDUs is alarming! Please do not approve these two builds. We are VERY concerned about our health
and shudder to think that Rd 38 will be just one big gas plant with all of these projects combined. We
are already struggling with having the Mewbourn plant so close.
As our representative, I trust that you will keep our well being in mind and not allow this. Also, I invite
you to drive out and visit with us about our concerns and to see that there is already a concentration of
gas plants existing within 1/4 mile of us.
Sincerely,
Rochell Sherman
Kristine Ranslem
From:
Sent:
To:
Cc:
Subject:
Attachments:
Follow Up Flag:
Flag Status:
Chris Gathman
Thursday, May 31, 2018 4:50 PM
Kristine Ranslem; Evan Pinkham; Hayley Balzano Dawn Anderson
Keiser, Nathan
F1 : **LASR1B-0O19 / Latham Gas Plant**
Example for Development Standard #33 showing DCP use of ROW.jpg; Eric Ewing Development
Standard Edits for Latham Gas Plant May 2018.pdf; SIGNED Consent Ag reement. pdf
Follow up
Flagged
From: Eric Ewing [rnailto:ewinghr@yahoo.com]
Sent: Thursday, May 31, 2018 4:24 PM
To: Chris Gathman ccgath man@weldgov com>
Subject: **USR1B-0019 / Latham Gas Plant**
Dear Weld County Planning Commission,
This email is in regards to the proposed Latham Gas Plant. Please consider the following
recommendations:
I. Denying the permit.
2. Rezoning the property to appropriately reflect the heavy industrial use.
3. Revising the proposed Development Standards as attached. (Deleted text is
and highlighted; added text is -.
Please note:
strike -through
The attached picture of the DCP Midstream sign in the ditch is an example of Right of Way
use for haul route signage as requested in Development Standard #33.
The attached "Signed Consent Agreement" is action Weld County had to take against
Anadarko for skipping Weld County Land Use processes in 2015 which should provide
support for Development Standard #35.
Thank you for considering my suggestions.
Sincerely,
Eric Ewing
16974 CR 40
LaSalle, CO 80645
970-347-7737
J
1
�on5ent grecment
Tits Consent Agreemeril is made between the Weld County Department of Planning Services (the
Department) and ANADARKO E & P ! MI ' -P and A & W WATER (Violator). (ZCVIS-CO1D1 &
Z V15-00122) # ALL
el . Violator owns and/or occupies property located at 0 CR 35, in Weld County, Colorado.
2. There are slolatior is of the Weld County Code Chapter 23 on the property, regarding the storage
of water tanks and/or commercial equipment, vehicles or supplies, this requires a Use by Spacial
Review (USR) permit prior to operationd
3. It is possible to correct the violations on the prop - p and Violator has he present ability to bring the
property into compliance with the Weld County Code, and to comply with the terms of this Consent
Agreement.
VIOLATOR AGREES TO COMPLETE THE FOLLOWING ACTIONS BY THE FOLLOWING DATES:
4. Violator agrees to remove all oil & gas andlorwater tank storage by October 5, 2015
5„ Violator agrees to contact the Department to arrange an inspection of the property to ensure compliance
with the Consent Agreement.
6. Violator further agrees that this Consent Agreement may be used by Weld County in any subsequent legal
action against Violator relating to the above mentioned violations on the property.
THE DEPARTMENT AGREES:
7. Not to fide or server a complaint against Violator for the above -mentioned violat]ons on the property as long
as motor is otherwise In compliance with this Consent Agreement,
Anadarko E P rrpany, LP-
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Eric Ewing Recommended Edits
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Kerr McGee Gathering LLD
U R18-0019
A Site -Specific Development Plan and Use by Special Review Permit, USR18-0019, for Oil and Gas
Support and Service a Natural Gas Processing Plant; two (2) 24 -inch and one (1) 16 -inch natural gas
pipelines to be located on the property; an onsite switching station/substation and a 150 -foot tall on -
site communications tower in the A (Agricultural) Zone District, subject to the Development Standards
stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. The hours of operation are 24 hours a day, seven (7) days a week. Scheduled maintenance events
that include flaring shall occur during daylight hours. (Department of Planning Services)
4. The number of on -site employees is limited to ten (10), as stated on the application. (Department of
Planning Services)
5. The parking area on the site shall be maintained. (Department of Planning Services)
6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
7. The landscaping/screening on the site shall be maintained. (Department of Planning Services)
B. The operator shall comply with the approved Communication Plan submitted to the Department of
Planning Services. (Department of Planning Services)
9. The operator shall comply with the approved Lighting Plan submitted to the Department of Planning
Services. (Department of Planning Services)
10. Collocation of other antenna by other service providers shall be permitted on the tower. (Department
of Planning Services)
11. Upon termination of the use of the communication antenna tower, the equipment shelter, antenna
structure, and any associated equipment shall be removed and the premises restored to its original
condition according to the Decommissioning Plan. (Department of Planning Services)
12. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15th of any given year signed by representatives for the Fire District
and the Weld County Office of Emergency Management to the Department of Planning Services.
(Department of Planning Services)
13. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-
20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
14. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and
Facilities Act, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
Page 1of6
15. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing
debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter
14, Article 1 of the Weld County Code. (Department of Public Health and Environment)
16. Fugitive dust should attempt to be confined on the property. Uses
on the property should shall comply with the Colorado Air Quality
Commission's air quality regulations. (Department of Public Health
and Environment)
17. The applicant shall submit an Air Pollution Emission Notice (A. P, E. N .) and Emissions Permit
Application and obtain a permit from the Air Pollution Control Division, Colorado Department of
Public Health and Environment, as applicable. (Department of Public Health and Environment)
16. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of
the facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a
day portable toilets and bottled water are acceptable. Records of maintenance and proper disposal
for portable toilets shall be retained on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner
licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and
Environment)
19. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to On -site Wastewater Treatment Systems. A permanent, adequate water supply shall be
provided for drinking and sanitary purposes. (Department of Public Health and Environment)
20. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations. (Department of Public Health and Environment)
21. Secondary containment shall be constructed around tanks to provide containment for the largest single
tank and sufficient freeboard to contain precipitation. Secondary containment shall be sufficiently
impervious to contain any spilled or released material. Secondary containment devices shall be
inspected at regular intervals and maintained in good condition. All secondary containment will comply
with the Colorado Oil and Gas Conservation (COGOC) Commission Rule 604 and/or the provisions of
the State Underground and Above Ground Storage Tank Regulations. (Department of Public Health
and Environment)
22. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the
applicable provisions of 40 CFR, Part 112, shall be available. (Department of Public Health and
Environment)
23. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur. (Department of Public Health and Environment)
24. Any contaminated soils on the facility shall be removed, treated or disposed of in accordance with all
applicable rules and regulations. All spills will be reported to local, state and federal agencies in
accordance with all state and federal regulations. (Department of Public Health and Environment)
25. The facility shall not exceed 6-5 decibels, as measured at the
property boundaries and as set forth in Section 25-12403, C.R.S.
(Department of Public Health and Environment)
Page 2 of 6
26. The operator shall comply with the approved Noise Mitigation Plan submitted to the Department of
Planning Services. (Department of Public Health and Environment)
27. The applicant shall obtain a Colorado Discharge Permit System or COPS permit from the Colorado
Department of Public Health and Environment (CDPH E), Water Quality Control Division, as applicable.
(Department of Public Health and Environment)
28. The facility shall notify the County and surrounding property
owners within two (2) miles via certified LISPS mail of any revocation
andlor suspension of any State issued permit within 60 days.
(Department of Public Health and Environment)
29. The applicant shall notify the County and surrounding property
owners within two (2) miles via certified LISPS mail upon receipt of
any compliance advisory or other notice of non-compliance of a
State issues permit, and of the outcome or disposition of any such
compliance advisory or other notice of non-compliance within 60
(Department of Public Health and Environment)
30. The operation shall comply with all applicable rules and regulations of State and Federal agencies and
the Weld County Code. (Department of Public Health and Environment)
31. The property owner shall control noxious weeds on the site. (Department of Public Works)
32. The access to the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Department of Public Works)
33. A Haul Route shall be designated for all construction and delivery
traffic to be routed from CR 32 north on CR 35. This shall include
highly noticeable elevated signage that states "NO CONSTRUCTION
TRAFFIC BEYOND THIS POINT" and include Kerr McGee and
Anadarko branding; be located in the Right of Way at intersections
CR35/CR42 facing North and CR40/CR33 facing West. Surrounding
Property Owners shall receive notification via certified USPS mail
seven (7) days in advance of planned deviations from designated
haul route. More than three (3) incidences of haul route violations
shall be reason for revocation of permit by the Weld County Board
of County Commissioners.
34. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
35. Use of laydown yard for any use other than
equipment for Latham has Plant shall result in
Page 3of6
revocation of permit by the Board of County
Commissioners. (ZCVIS-OO1O1 & ZCVI5-00122)
36. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works)
37. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Public Works)
38. The Improvements Agreement for this site shall be reviewed on an annual basis, including possible
updates (Department of Public Works)
39. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be
the responsibility of Weld County. (Department of Public Works)
40. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services - Engineer)
41. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
42. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent
properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent
properties in accordance with the map. Neither the direct, nor reflected, light from any light source may
create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may
be used which may be confused with, or construed as, traffic control devices. (Department of Planning
Services)
43. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2012 International Codes, 2006 International Energy
Code, and 2017 National Electrical Code. A Building Permit Application must be completed and two (2)
complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer
must be submitted for review. A Geotechnical Engineering Report performed by a Colorado registered
engineer shall be required or an Open Hole Inspection. (Department of Building Inspection)
44. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
45. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations.
46. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans
or Development Standards, as shown or stated, shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the Department
of Planning Services.
47 ---ire facility shall notify --the County of --any revocation andlor suspension of any -issuer-per i -
(Department of Pub.1ic ` eatthi-and-Env4roRment)
4.T t shall notify the County upon on Fete
Paw 4of6
' tate issued- rmt n i-ar the outcome or dispesiti of any9such cornpliance advisor--
or -other notice of non-com-plianc Ot ent of PubIio ealthiSir mend.
49. The property owner or operator shall be responsible for
complying with all of the foregoing Development Standards.
Noncompliance with any of the foregoing Development Standards
may shall be reason for revocation of the Permit by the Board of
County Commissioners. (Department of Public Health and
Environment)
50. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the
state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of
the state face a critical shortage of such deposits; and (c) such deposits should be extracted according
to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development. Often times, mineral resource
sites are fixed to their geographical and geophysical locations. Moreover, these resources are
protected property rights and mineral owners should be afforded the opportunity to extract the mineral
resource.
51. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties
in the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower level of services
than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate
to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural
atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to
rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles
on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping
activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in
the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural
and urban areas of the County. Section 35-3.5-102, C. R. S . , provides that an agricultural operation
shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Pace5of6
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies. County gravel roads, no matter how often they are
bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural
dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their safety,
but also for the protection of the farmer's livelihood.
Page 6 of 6
From: Roy Wardell [mailto:rwarde.Il@what-wire.corn]
Sent: Monday, June 04, 2018 10:57 AM
To: Chris Gathman ccgath an ►w�elcJ ow.com>; Evan Pinkham cepinkham@weldg:ov.com>
Cc: Juan Loya < lova@flex.com>
Subject: Fwd: Fwd: Traffic flow, U S R 18-0019
Chris/Evan, Chris, what time is the USR 18 - 019 scheduled for tomorrow?
Chris and Evan, I forgot to mention that we think Anadarko should be required to do dust abatement on
any of the main gravel roads that their employees/contractors use while the plant is being built, ie,
water roads each morning and evening before traffic begin, OR, or do a longer lasting treatment that
will last the duration of the construction phase.
Thanks again, Roy wardell
- Forwarded Message --------
Subject:Fwd: Fwd : Traffic flow, U S R 18-0019
Date:Fri, 1 Jun 2018 09:26:28 -0600
From:Roy Wardell :rwardell what-wire.corn>
To:Chris Gathman <cgathman@wekdgov.co,m>, Evan Pinkham Epinkhani@w e1d; v._ .orr
To: Chris, Gathman, Evan Pinkham, Planning Commission, County Commissiomers
re; Traffic flow for proposed Anadarko gas plant at WCRs 35 and 38 (USR 18 - 0019)
From: Roy Wardell, 16512 Essex Rd N, Plateville, 80651, Juan Loya, 18253 WCR 32, Platteville 80651
The very northwest corner of our ranch is slightly over 1 mile from from the proposed plant and our
residence and approximate center of our ranch is at the intersection of Rds 32 & 39. We were not
concerned about the previous permitting of the large expansion to the DCP gas plant immediately to
the north of the proposed Anadarko gas plant at the same County Rds intersection. However, after
living with the very heavy traffic flow every morning and evening through our ranch area with the traffic
flow permitted for the DCP project for the past year, +/-, we are now very concerned that the current
proposed traffic flow is the exactly the same.
This proposal requires all construction traffic to and from the location to travel south along the dirt road
WCR 35) for 3 miles to the intersection with WCR 32. From there drivers choose their route. Many -
maybe half or more of the workers - are likely to be from the areas generally to the north and northeast
(including Greeley, LaSalle and Kersey) of the work location so therefore, from the intersection of 35
and 32 their closest route home is to go two miles east on Rd 32 and then north on Rd 39. They then go
3 miles north and through the intersection of Rd 39 and 38 which is only 2 miles, via the din Rd 38 from
the work location, thereby having traveled 6 extra miles to get to that point. Also the workers that
come from the areas of Gilcrest and Johnstown have to travel 6 miles extra to their homes by having to
go the 3 miles south, then west, and then those same three miles back north. The proposed route
works well for those workers traveling to and from Platteville, Ft Lupton and Hudson areas.
No one likes having extra traffic by their homes and businesses, but we suggest that it's only fair to
share the problem and not make one group of residences/busineses have all the traffic, particularly
when the proposed traffic flow makes added '{costs" of: time for driving, cost of gas, more auto
emissions and more dust from roads. We suggest that, in addition to the proposed access from the
south, that access for workers also be allowed to and from the east and north from the proposed project
via Rds 38 and 35 - see map.
See attached map. Thanks for your consideration. Loya/Wardell Angus Roy 970 785 0145, Juan
970 396 0035
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From: gerald johnson f r aaii o:ger l l� hnson r ail.com]
Sent: Monday, June 04, 2018 10:37 PM
To: Chris Gathman <c ,aLhhman weldgov.ram>
Subject: public comments
Anadarko needs to identify the people most effected by the new proposed gas plant, and state what
they will do for those people, and define this in the U.S.R, as it is now they say they will address
problems on a case by case basis, This leaves too much room for Anadarko to do nothing I and the wall
they propose in the U.S.R. is very vague this needs to be firm ! please look at these issues ! thank you
Gerald Johnson
EXHIBIT
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