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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 cc c l'SOrenm) , P£C (-1g), 2017-1595 E-R.C BP), CTGCT T) Cot9a/17 7 PL0493 HEARING CERTIFICATION - DCP OPERATING COMPANY, LP (5MJUSR17-83-542) PAGE 2 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. 2017-1595 PL0493 HEARING CERTIFICATION - DCP OPERATING COMPANY, LP (5MJUSR17-83-542) PAGE 3 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 2017-1595 PL0493 HEARING CERTIFICATION - DCP OPERATING COMPANY, LP (5MJUSR17-83-542) PAGE 4 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 2017-1595 PL0493 HEARING CERTIFICATION - DCP OPERATING COMPANY, LP (5MJUSR17-83-542) PAGE 5 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. 2017-1595 PL0493 HEARING CERTIFICATION - DCP OPERATING COMPANY, LP (5MJUSR17-83-542) PAGE 6 • 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, 2017-1595 PL0493 HEARING CERTIFICATION - DCP OPERATING COMPANY, LP (5MJUSR17-83-542) PAGE 7 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. 2017-1595 PL0493 HEARING CERTIFICATION - DCP OPERATING COMPANY, LP (5MJUSR17-83-542) PAGE 8 ▪ 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. 2017-1595 PL0493 HEARING CERTIFICATION - DCP OPERATING COMPANY, LP (5MJUSR17-83-542) PAGE 9 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 PL0493 I dtZ . 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