HomeMy WebLinkAbout20171595.tiffHEARING CERTIFICATION
DOCKET NO. 2017- 42.A
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND 5TH AMENDED USE BY SPECIAL
REVIEW PERMIT, 5MJUSR17-83-542, FOR MINERAL RESOURCE DEVELOPMENT
FACILITIES, OIL AND GAS SUPPORT AND SERVICE, NATURAL GAS PROCESSING
FACILITY, AND THE ADDITION OF NEW GAS PROCESSING EQUIPMENT TO
IMPROVE CAPACITY AND EFFICIENCY OF THE EXISTING PLANT AND ONE (1) UP
TO ONE HUNDRED (100) FEET IN HEIGHT SECURE COMMUNICATIONS TOWER IN
THE A (AGRICULTURAL) ZONE DISTRICT — DCP OPERATING COMPANY, LP
A public hearing was conducted on May 31, 2017, at 10:00 a.m., with the following present:
Commissioner Julie A. Cozad, Chair
Commissioner Steve Moreno, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Kim Ogle
Public Works Department representative, Evan Pinkham
Planning Services Engineer representative, Hayley Balzano
Health Department representative, Ben Frissell
The following business was transacted:
El I hereby certify that pursuant to a notice dated April 28, 2017, and duly published
May 3, 2017, in the Greeley Tribune, a public hearing was conducted to consider the request of
DCP Operating Company, LP, for a Site Specific Development Plan and 5th Amended Use by
Special Review Permit, 5MJUSR17-83-542, for Mineral Resource Development Facilities, Oil and
Gas Support and Service, Natural Gas Processing Facility, and the addition of new gas
processing equipment to improve capacity and efficiency of the existing plant and one (1) up to
one hundred (100) feet in height secure communications tower in the A (Agricultural) Zone
District. Bob Choate, Assistant County Attorney, made this a matter of record.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal,
described the site location in relation to relevant county roads, and provided the list of historic
uses for the property. He explained the applicant was requesting an expansion to further serve
and support the existing oil and gas uses in the immediate area and stated the Town of Gilcrest
is within two (2) miles of the site. Mr. Ogle further described the site as being 127 acres and
containing both the Mewbourn I and II Gas Plants and he described the surrounding properties to
be agricultural users and rural residences with twelve surrounding property owners (SPOs)
located within 500 feet of the facility. He reviewed the correspondence received and the concerns
listed therein and stated eight (8) SPOs spoke at the Planning Commission hearing. Mr. Ogle
explained the expansion to include an additional natural gas processing facility and several new
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compressors and interconnecting pipelines for gathering natural gas and preparing it for
compression prior to sales, and adding one (1), up to 100 -foot in height, communication tower.
He stated no additional employees are needed, the hours of operation will remain the same, and
there will be no co -location allowed for the communication tower due to security and safety
measures with access given to only DCP personnel. Mr. Ogle stated 15 referrals were sent with
three (3) responses received containing recommendations. He displayed images and entered the
favorable recommendation of the Planning Commission into the record as written. In response to
Commissioner Kirkmeyer, Mr. Ogle stated there are a total of two (2) gas plants on the site.
Evan Pinkham, Department of Public Works representative, provided a brief overview of the
transportation plans and requirements. He stated Access Permit, AP#16-00466, has been
approved, which stipulates to utilize the four (4) existing industrial access points on County Road
(CR) 35, with one of the access points to remain gated and locked. Mr. Pinkham reviewed the
most recent average daily traffic counts and the proposed daily round trips to conclude that no
tracking control or improvements agreement will be required in relation to the expansion. In
response to Chair Cozad, Mr. Pinkham verified CR 35 is a gravel road and designated as a
collector road.
Hayley Balzano, Planning Services Engineer representative, presented the drainage and
grading requirements and stated the applicant is proposing to increase the size of the existing
detention pond which requires a final drainage report be submitted prior to recording the plat map.
She reviewed the Conditions of Approval and Development Standards relevant to Engineering.
IE Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating no additional employees are needed, water will continue to be provided by the
Central Weld County Water District, and the current septic system is adequate. He clarified that
bottled water and portable toilets are acceptable during construction and he reviewed the typical
Development Standards (DS 6-19) related to Environmental Health. Mr. Frissell reported two (2)
noise complaints received in 2015 and two (2) received in 2017, noting the noise standard has
been in place since 2004. In response to Commissioner Conway, Mr. Frissell verified it is
regulated at the Industrial noise standard. In response to Chair Cozad, Mr. Frissell stated there
are no violations on record regarding the noise. In further response to Commissioner Conway,
Mr. Frissell stated, from memory, one complaint was at 3:00 a.m. and another complaint was a
general complaint stating the SPO could not have a conversation in the backyard while the plant
was running.
El Patrick Groom, Attorney with Witwer, Oldenburg, Barry and Groom, represented the
applicant and began by explaining the name change from DCP Midstream, LP, to DCP Operating
Company, LP. He described the expansion as necessary due to the processing capacity of the
Mewbourn Plant currently being at 100%. He reviewed the original permit issued in 1983, and
stated it is important to modernize the plant and replace gas driven compressors with electric
compressors which will decrease both air and noise emissions.
El Chair Cozad interjected the need to reboot the system to better see the presentation.
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CI Chair Cozad went ahead and adjourned the hearing at 11:41 a.m. and stated the Board has
commitments over the lunch hour and will return at 12:45 p.m.
El Chair Cozad called to order and reconvened the hearing at 12:52 p.m. She reminded the
public to sign the attendance sheet and mute all cell phones and she promted Mr. Groom to move
forward with his presentation.
El Mr. Groom stated the gas powered compressors are noisier and building the new plant will
allow the removal and decommissioning of the old compressors to be replaced with new electric
powered compressors which will also be housed in individual insulated structures to further
reduce noise levels. He stated DCP will also construct a wall to screen portions of the western
and northern boundaries that will assist with sound mitigation as well. Mr. Groom pointed out that
most of the property owners that complained purchased their properties after the plant was built.
He stated DCP is very interested in mitigation and connecting with the neighbors to communicate
through the processes to reduce the sound impact to property owners. He addressed the
concerns regarding traffic and clarified there will be no additional truck traffic after construction.
Mr. Groom presented the request to permit a communication tower to regulate production and to
detect problems at the plant, and explained the security reasons and safety protocol that prevents
DCP from offering co -location. In response to Commissioner Conway, Mr. Groom stated they
have done studies regarding the noise issues and have tested current noise levels resulting in
concurrence that the plant is compliant at this time. He further explained they created a model of
the noise expected with the new equipment and stated the new plant will be located in the best
possible location regarding noise mitigation.
El Jeff Kwolkoski, Wave Engineering, stated he is an engineering consultant regarding noise
and provided his background as a mechanical engineer with over 30 years of experience as an
engineer with the last 25 years as a board certified Noise Control Engineer. Mr. Kwolkoski
explained Wave Engineering was retained by DCP to go out to the site and measure the levels at
various locations and evaluate how the noise levels might change after the upgrades and new
construction. He stated that he took measurements at eight (8) locations for up to 15 minutes at
each location and described the readings. Mr. Kwolkoski further explained what will happen when
the new equipment is added and some of the old equipment is removed. He provided a slide to
represent the findings regarding the sound levels and stated the site remains in compliance. In
response to Commissioner Conway, Mr. Kwolkoski reiterated the readings in specific locations
and why the readings are higher in closer proximity to the newer equipment, which is also closer
to the property line. In response to Commissioner Kirkmeyer, Mr. Kwolkoski explained the new
equipment is quieter and also housed for further sound mitigation, but is also in much closer
proximity to the adjacent neighbors so the noise levels remain essentially the same, and the noise
level is constant when the equipment is running.
to Ed Lafferty, SPO just west of the gas plant, stated he is a contractor and understands
procedures and permits. Mr. Lafferty stated it is a rural community and noise is the main issue.
He disputed some of what was presented earlier regarding removal of some of the gas powered
compressors and replacing them with the new electric compressors yet the noise measurements
are expected to stay the same which are disruptive already. He further stated there were readings
done by the neighbors that conflict with the sample reading provided and that a neighbor had
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stated the plant seemed to be running more quietly the day Wave Engineering was out there
doing the readings. He clarified he is not asking DCP not to not build, but he is asking them to
consider their concerns. Mr. Lafferty clarified there was no formal effort to communicate with the
neighbors. He requested time to meet with DCP to discuss mitigation and buffering. In response
to Commissioner Kirkmeyer, Mr. Lafferty suggested berms with pine trees which would mitigate
the site and sound disturbance, and insulated walls could offer additional buffering as well. In
further response to Commissioner Kirkmeyer, Mr. Lafferty stated he was not contacted by DCP
for further discussions after the Planning Commission hearing and that his wife did leave her
number on the contact list. In response to Commissioner Conway, Mr. Lafferty stated it would be
nice to be able to continue this hearing and schedule a community meeting in the next week or
two regarding mitigation suggestions and resulting in no more than a month delay for DCP.
Jill Lafferty, SPO and wife of previous speaker, reiterated she did leave her phone number
and was not contacted. Ms. Lafferty expressed her concern with the noise, as mentioned by her
husband, and also with the off -gassing, which lights up her daughter's room at night and wakes
her up. She asked how much more off -gassing and flaring will happen and she reviewed
information related to sleep related health issues. Ms. Lafferty expressed her frustration that it
feels like the onus is put on the neighborhood to research regulations and measure the decibel
levels and compliance regarding sound emissions and potential air emission compliance. In
response to Commissioner Moreno, Ms. Lafferty clarified she lives to the west. Ms. Lafferty
interjected that she wrote in her daytimer that it was unusually quiet that day and, as mentioned
before, it may have been the same day the sound engineer was performing the testing.
Gerald Johnson, SPO, pointed out he lives near the gas plant. He stated there are three
types of noises that come out of the gas plant: one noise is a steady, grinding noise; the second
noise is for the flaring which is preceded by a siren that sounds like the fire department is coming;
and thirdly, there is a high pressure gas escaping sound which is far and above the other noises.
Mr. Johnson asked if the new compressors are quieter than the old, then why don't the numbers
go down. He provided the 48 -year family history of his property and how it has changed with the
presence of DCP stating it is lit up at night like an airport, the smell is bad, and it is noisy. He
stated farm life in Weld County is dying and he has been a part of the signature petition to protest
because they have a right to life. Mr. Johnson expressed his frustration regarding the initial plant
being built, then the addition, and now a proposal for another expansion and not once were the
neighbors consulted. He asked how many of the Commissioners had visited the plant and
perhaps might ask the question how big is too big? He requested they make that determination
today. Mr. Johnson stated DCP is not a good neighbor and profit should not be the first
consideration. He suggested DCP meet with all the neighbors to discuss ways to make it less
painful and he expressed angst that the residents were told to gather data and ask the County to
record the measurements; however, there are no decibel ratings for the compressors. Mr.
Johnson requested a continuance for 30 - 60 days to find solutions. He clarified he had not been
contacted by DCP, although they were told at planning Commission to reach out to the neighbors.
Mr. Johnson stated he had to call them. In response to Commissioner Kirkmeyer, Mr. Johnson
stated he would like to see a berm with blue spruce trees planted and a drip line installed for
watering with the requirement that a third party maintain it.
Dennis Nagel, SPO, pointed out his residence on the map and stated anywhere near his
property line the noise is two to three times higher because of the echo effect being in a
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topographic valley. He pointed out a neighbor's property and stated when he is standing in his
back yard it is impossible to even have a conversation. Mr. Nagel expressed his frustration about
the washboard condition of the roads and the DCP trucks traveling past his property causing
damage to his home. He stated the reality is the noise is higher in different areas than where the
sound guy measured. Mr. Nagel stated that DCP made several verbal offers to make repairs to
his house, put in a tree line, purchase their house and then the attorney at the last meeting called
his wife a liar and shot down the suggestions. In response to Commissioner Conway, Mr. Nagel
stated a continuance would be fine with him. In response to Chair Cozad, he stated he would be
willing to meet with DCP but he wants the mitigation solutions in writing. In response to
Commissioner Kirkmeyer regarding lighting, Mr. Nagel responded that he no longer needs a night
light in his bedroom and, furthermore, that he was not contacted by DCP after the Planning
Commission hearing.
Terri Dechant, SPO, pointed out her location on the map and provided handouts to the
County Attorney and Commissioners. She began by explaining she and her husband performed
some decibel readings. She explained her background in designing plans and gathering data and
reported the range of decibel readings as between 67 and 97 decibels. Ms. Dechant requested
the mitigations be put in writing as requirements and she stated her agreement with the
suggestions for a noise barrier and the tree berm. In response to Chair Cozad, she stated she is
willing to participate in the mitigation process and she recommended a 30 to 60 -day continuance.
In response to Commissioner Conway, Ms. Dechant stated in regard to the high reading, it was
noisy and it was around sunset, and it was an on-again/off-again loud noise. In response to
Commissioner Kirkmeyer, Ms. Dechant stated they were on the canal road so there was nothing
in the area that would be contributing to the high reading of 97 decibels.
Eric Ewing, SPO, pointed out his location on the map, provided a handout to the County
Attorney and Commissioners and stated he would like peace and quiet but even more than that,
he would like compliance with all the laws. Mr. Ewing stated DCP is not compliant and has a
history of non-compliance with the air pollution laws. He stated he understands it is necessary to
have pressure releases or when maintenance is needed. However, when looking at the facility,
it is noted there are many stacks and the exhaust coming out of the compressors is excessive
and they are not compliant with the air pollution laws. Mr. Ewing pointed out a similar facility and
stated they are in compliance, per the EPA report; however, he pulled an EPA report on Sunday
and the DCP Mewbourn facility is not compliant. He further stated there are Development
Standards that require compliance with Air Pollution regulations and he requested denial of the
expansion or revoking the permit and there should be boundaries for DCP thru the USR process.
He further requested civil penalties be put in place, changes to the Development Standards to
mitigate and perhaps ask the COGCC (Colorado Oil and Gas Conservation Commission) to help.
Chair Cozad interjected the request for counsel regarding the proceedings today.
El Mr. Choate explained the statutory authority regarding civil penalties.
Chair Cozad stated the need to stay on track with the hearing today and if there are
compliance issues, there are other routes to work with staff to bring them forward.
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• Commissioner Kirkmeyer stated her appreciation for Chair Cozad's comments but attempted
to clarify that it seems Mr. Ewing is presenting this information to provide evidence to support his
reasoning to not allow an expansion. Mr. Ewing agreed and thanked Commissioner Kirkmeyer.
In response to Commissioner Kirkmeyer regarding low frequency tones, he explained the lower
tones are more invasive and the law is being broken but it is difficult to catch. In response to
Commissioner Conway, Mr. Ewing stated he is here for compliance and wants to feel safe
standing outside his house and he will support a continuance.
• Connie Nagel, SPO, stated after the meeting at Planning Commission, the attorney stated
they had offered mitigation to the Nagels but it had been refused. Ms. Nagel said there was never
anything given to them in writing. She expressed her frustration regarding her decreased property
value or even the inability to sell the house because no one wants to hear that noise. She
described it as constant and you cannot even hear a bird chirp. Ms. Nagel also stated when there
was a plane sent over to measure pollution, the plant was shut down that day. In response to
Commissioner Conway, Ms. Nagel stated she is willing to talk with them if there is something
within reason that they are willing to suggest.
• In response to Chair Cozad, Mr. Groom stated he wanted to set the record straight. He stated
he wrote to Mr. Ewing and stated he would like to meet to discuss their concerns and in response
Mr. Ewing stated he would meet if they would agree to withdraw their petition, otherwise it was a
waste of time. He clarified Mr. Park did speak to Mr. Nagel; however, he did not have everyone's
numbers. Mr. Groom stated DCP is happy to meet with neighbors and discuss concerns; however,
DCP does not want to be held hostage to someone like Mr. Ewing. He further clarified the report
Mr. Ewing mentioned regarding non-compliance states that the State is addressing the issue
regarding a violation in 2015, thereby proving the violation is resolved, the system works, USRs
work, and County imposed Development Standards work. Otherwise, there are citations and
occasional violations, and when they occur, DCP will address those. Mr. Groom stated the
Commissioners heard a lot of evidence today regarding noise and the only professional evidence
heard today was from Mr. Kwolkoski. He reiterated that prior to Planning Commission, there were
only two complaints, and that is the proper mechanism used to address the issue with the County.
He clarified DCP is adding the third plant so one would expect noise levels will go up, but the
study readings indicated they will either be reduced or stay the same, which is an indication the
equipment is quieter and it reflects compliance with current stipulations. Mr. Groom stated DCP
is willing to look at further mitigation solutions, within reason. He explained the flare is designed
to go off in case of emergency and is not supposed to go off regularly and the expansion is going
to address that issue.
El Commissioner Kirkmeyer inquired if DCP is currently under any compliance order with the
State Department of Health or any State regulation, and in response, Mr. Groom stated there was
a compliance order in 2016. In response to Commissioner Kirkmeyer, Mr. Frissell stated he would
check with Phil Brewer as staff does not go to this site to monitor compliance. Mr. Groom
interjected there is a letter in the packet from Phil Brewer and there are records of the email
exchange. He further explained the timeline regarding a violation and compliance order.
• Commissioner Kirkmeyer asked if the County is not made aware of a violation because the
Colorado Department of Public Health and Environment or DCP does not provide notification,
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then how are the surrounding property owners going to know where to turn in a violation?
Mr. Groom stated if there are enough violations, the State will shut down the facility.
Commissioner Kirkmeyer stated there was a violation of the USR Permit.
• Commissioner Conway stated the property owners want to meet to work through the
concerns. Mr. Groom responded DCP is happy to sit down with the neighbors. He further stated
there is an economic sense of urgency to get this expansion underway to get the gas processed
and to keep the well heads from flaring. In response to Commissioner Conway, Mr. Groom stated
a continuance does negatively impact the timeline. Commissioner Conway stated Mr. Lefferty
represented over 40 property owners at Planning Commission and yet there was no community
meeting. Mr. Groom reiterated that Mr. Park attempted to communicate with those who spoke at
Planning Commission hearing.
• Mr. Frissell, in response to Commissioner Kirkmeyer's earlier question, described the
process in regard to compliance with the State and the ability to track violations and compliance
advisory orders.
IR Chair Cozad stated the next available hearing date with a full Board is August 16, 2017.
EJ Commissioner Kirkmeyer stated she is in support of the continuance. She clarified there
does not need to be an amendment to make improvements. She further stated she agrees with
the neighbors that the facility is there and it is not going away and it is the Board's responsibility
to make things better and she is concerned with compliance. She stated her concerns as follows:
towers with no co -location, lighting, buffering and berming, noise mitigation plan, the
neighborhood meeting, noise standards, no readings when off -gassing or readings regarding the
sirens, and constant problematic noise. Commissioner Kirkmeyer stated she does not believe
DCP has been a good neighbor and she still does not understand why there was no community
meeting and she would suggest they consider ways to become a better neighbor. She further
directed staff regarding the need for a road maintenance agreement to manage dust during
construction.
El Chair Cozad stated the main issue she heard was regarding the noise with several
suggestions from the neighborhood regarding mitigation and she agreed it would be beneficial to
have the neighborhood participate. Chair Cozad further touched on the other issues such as
lighting, operations, sirens and other disruptive problems that should be addressed. She agreed
with the road maintenance agreement during the period of construction and stated she is in full
support of the continuance.
El Commissioner Conway stated he supports the continuance and that he wants the neighbors
to have the conversation because they have to live with these long-term decisions. He expressed
his appreciation for the neighbors being willing to participate in the process and simply have a
desire for compliance and mitigation. Commissioner Conway reiterated the importance of the oil
and gas industry in conjunction with the important responsibility to ensure the project is done to
the best of the applicant's ability because of the long-term impacts.
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▪ Commissioner Freeman expressed his agreement with all that had been said by his fellow
Commissioners and he expressed the importance for the neighbors to go in with an open mind
and really work with DCP because it is in their best interest to get the facility upgraded to electric
and get rid of the gas compressors so it will be quieter and more efficient with less pollution.
Commissioner Moreno stated his concurrence with his fellow Commissioners and also
expressed his appreciation for the neighbors. He clarified they are not asking to shut down the
company but to hear the neighbors and listen to their ideas and take a look at what can be
addressed.
• Mr. Groom stated his only request would be to seek an earlier continuance date. After further
discussion, the Board agreed to move the continuance to Monday, July 17, 2017, at 10:00 a.m.
• Commissioner Kirkmeyer moved to continue the request of DCP Operating Company, LP,
for a Site Specific Development Plan and 5th Amended Use by Special Review Permit,
5MJUSR17-83-542, for Mineral Resource Development Facilities, Oil and Gas Support and
Service, Natural Gas Processing Facility, and the addition of new gas processing equipment to
improve capacity and efficiency of the existing plant and one (1) up to one hundred (100) feet in
height secure communications tower in the A (Agricultural) Zone District, to July 17, 2017, at
10:00 a.m. The motion was seconded by Commissioner Conway. Commissioner Kirkmeyer
stated this is an opportunity to get together and work things out and she reminded the applicant
that the burden of proof rests on them. Commissioner Conway stated his agreement with
Commissioner Kirkmeyer and that he is optimistic to see the results of the community meeting.
Chair Cozad expressed her appreciation for those who were present and participated in the
process. There being no further discussion, the motion carried unanimously and the hearing was
completed at 2:40 p.m.
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This Certification was approved on the 5th day of June, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:G� jej;�
CC// Julie A. Cozad, Chair
Weld County Clerk to the Board
APP OWED AS
aunty A torney
Date of signature: OCo(( Sf 17
Steve Moreno, Pro -Tern
Sean P. Conway
ike Freeman
EXCUSED DATE OF APPROVAL
Barbara Kirkmeyer
2017-1595
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