HomeMy WebLinkAbout20173284.tiffINVENTORY OF ITEMS FOR CONSIDERATION
Applicant Discovery DJ Services, LLC Case Number U RI7-0032
Submitted or Prepared
Prior to At
Hearing Hearing
1
SPO Letter of Objection Mike & Mona De anti, received August 29, 2017
2
Anadarko Letter of Objection dated August 31, 2017
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3
SPO Letter of Objection Ed Engle, received September 5, 2017 (3 pages)
4
SPO Letter of Objection Ed Engle on behalf of Buffalo Ridge HOA received
September 5, 2017
5
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SPO Letter of Objection Dawn Petti nger, received September 5, 2017
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I hereby certify that the items identified herein were submitted 19 the Department of Planning Services at
or prior to the sch du # ; tinning Commissioners hearing.
Kim Ogi _ U ` nner
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8-22-2017
Kim Ogle
Weld County Planning Dept.
1555 N. 17th
Greeley, CO 80631
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A Buffalo Ridge Estates neighborhood meeting was recently held concerning the Discovery Gas facility
west of our community. I agree with my neighbors that for the safety and quality of life we had before
the plant began construction and limited operation, we must have a buffer zone and a berm between
the east side of Phase 2 and our west property line. This will protect us from noise and light including
unforeseen and possible fire and explosion. Discovery has already had a fire that resulted in a delay of
their startup operation of Phase 1.
Truck traffic from Discovery's operation between the hours of 6 -8 am and 4-6pm on WCR 35 heading to
CO Hwy 52 is presenting a huge problem for our residents trying to go to work or town, often causing
delays of 5-7 minutes or more. There have been a number of accidents and near misses in that area
since Discovery began Phase 1 in 2016.
We have had meetings with Discovery but nothing has been finalized. We are asking for a
postponement of the September 5th hearing to allow us to experience the Phase 1 start up and
operation and further negotiate with Discovery.
We fear that they may be granted the pipeline permit before we are able to negotiate safeguards for
our community.
Governor Hickenlooper recently expressed concern about gas pipes within 1000 feet of homes in
reference to the recent house explosion, serious injury and loss of 2 lives in Frederick. Many of these
pipes have pressure between 90 and 600 psi at this facility.
For our neighborhood's safety, please delay the September 5th permit hearing and place stipulations on
Discovery for Phase 2.
Thank you for your consideration,
Mike and Mona DeSanti
4180 Falcon Dr.
Fort Lupton, CO 80621
303 919-6006
Cc: Rick Zier, attorney; Ed Engle, Buffalo Ridge HOA president; Discover} Di Services; Barbara Kirkmeyer;
Weld County Commissioner; Cornerstone Management
EXHIBIT
05C rs•• ant
ANADARKO PETROLEUM CORPORATION
MAIN (720) 929-6000
1099 18"1 STREET, S JITE 1800 o DENVER, COLORADO 80202
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P, ,t tolosir i C:o(poration
August 31, 2017
VIA EaMAIL
Weld County Department of Planting Services
Kim Ogle - Planner
1555 N. 17th Ave.
Greeley, CO 80631
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NOTICE OF OIL AND GAS LEASEHOLD INTERESTS WNED BY I ERR -Mc EE
OIL & GAS ONSHORE LP, EXISTING PIPELINES OWNED BY IE -McGEE
GATHERING LLC AND OBJECTION
Re: USRI7-0032
Discovery DJ Services, LLC —Attn: Cory G. Jordan -- "Applicant"
Multiple Parcels
Weld County, Colorado
Mr. Ogle:
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This letter isbeing sent by Anadarko Petroleum Corporation on behalf of its subsidiaries
Ken --McGee Oil & Gas Onshore LP ("KMG") and Kerr-McGee ee Gathering LLC ("KMGG") in
response to USR17-003 ("Project"). KMO is the owner of valid oil and gas leases underlying
numerous parts of the Project ("Leased Lands") and KMGG is the owner of numerous existing
pipelines along or in close proximity to the proposed Project route. KMGG and KMG (together;
the "Anadarko entities") are submitting this comment and objection timely, in accordance with
State of Colorado and theCounty's procedural requirements.
KM's recorded oil and gas leases are real property interests entitling it to produce oil and
gas from the Leased Lands (and, as may be applicable, adjacent lands) . KMG has the right to
utilize the Leased Lands to produce from existing wells, to maintain, rework, recomplete, and
fracture those existing wells to enhance production, and to drill new wells to produce oil and gas,
in accordance with applicable Colorado Oil and Gas Conservation Commission regulations and
Colorado Statutes. KM&s oil and gas assets have significant value, and KMG is consequently
concerned about any development, surface use, plan of use, PUD, zoning or rezoning, or other
action by the County that would impair or preclude its ability to develop its oil and gas interests.
The Anadarko entities own and operate numerous wells, facilities, and pipelines along the
proposed Project route, and consequently are concerned with any nearby construction activity. At
this time, the Anadarko entities have not reviewed the Project's impact to existing wells, facilities,
and pipelines.
EXHIBIT
U5211-0032
2
The Anadarko entities must object to any approval by the County because the Project's
impact to existing wells, facilities, and pipelines has not been reviewed. The Anadarko entities
request that the County withhold final approval until such time as the Applicant, KMG and KMOG
have identified and addressed all concerns.
Please contact me at 720-9294296 if you have any questions or comments about this
matter.
Sincerely,
ANADARKO PETROLEUM CORPORATION
rac cc, c-ie
On bellied, of
Brett A. Cavanagh
Landman
cc: Jeff Fiske, Lead Counsel
Ron Olsen
Justin. Shoulders
Clint Hebert
Edward Engle
September 1,. 2017
To: Kim Ogle, planning Commission,
From: Edward and Nancy Engle
4233 Falcon Drive, Ft. Lupton, CO 80621
I and my wife are writing to personally object to Case# USIA 17-0032. We live in Buffalo Ridge Estates
and our property borders Discovery's property.
After looking for months throughout southern Weld County, we finally found the place we were looking
for that fit our dream home you might say and purchased it on January 2016. We received a notice in
the mail as did some of our neighbors with very little description during the summer of that year of a gas
plant wanting to move in on the property to the West of us to be located on the far North and West
corner.
Looking out our dining room window at a small yellow metal building at the south end of that property
which is a plant also we assumed that's what was coming and because it was on a small part of the
property at the far end West, it didn't seem like a problem as did our neighbors.
However If we would have known the magnitude of what is there now and had more details than just a
notice in the mail we would have been more attentive as would of our neighbors. This is like cancer that
has started and it just wants to spread. Now Discovery has a new owner, TPG and they want this
pipeline to expand and put a larger plant that will be even closer to my property and neighborhood.
Discovery told us their future plans at the last meeting with them on July 31, 2017 and that they are
working with the planning department for this expansion. Where does it stop?
The first plant is in and is intended to process 6OIrncff d with the pipeline they have now. We and our
neighbors have to live with that. According to my real estate agent after he consulted his associates and
his broker at Rernax, our property values are at standstill right now because we have now idea at this
point what to expect till their current plant is in operation. If more is to come they feel we could take up
to as much as a 20 percent loss on our property alone. This does not follow the Mission Statement that
is the first thing you see when you logon to the county website of planning and zoning.
Again we urge you to stop this and follow the County's planning and Zoning Mission Statement. I have
also attached a photo that was taken from our dining room so you can see how we feel we were mislead
on the first notice of the existing plant under construction along with a news article of TPG buying
Midstream on June 28, 2017,
Thank You
EXHIBIT
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911120/7 TPG Growth to SUS firm Discovery Midstream - Energ y Business Review
Return to; [BR }-i,:rat I ( ;x Gc;?, I f41u:Rio $ F'FAtL;.
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Select a Energy sector
'[PG Growth to buy US firm Discovery
Midstream
14'13R Staff lArtitec
Published 28 June 2017
TPG Growth has agreed to acquire US -based oil and natural gas gathering and natural
gas processing services prodder, Discovery Midstream, for an undisclosed sum.
Based in Dallas, Discovery er'y afters oil and natural gas gathering and natural gas
processing servi cos in the southern portion of Colorado's Denser -Jules burg Basin.
The company is specialized in developing grassroots projects, optimizing assets and
providing related services to the major producing basins in the U.
The current management team of Discovery will continue to operate the firm even after
the completion of deal.
With strategic assets in Weld and Adams counties, Discovery is presently building
around 120 miles of pipeline and 60 M mcfid natural gas processing plant that is
expected to be operational in the third quarter of this year.
The company intends to expand the capacity of the facility to around 260 Mmcf/d in
2018.
According to TPG, Discovery's system is supported by long-term contracts with
leading producers in the D,, Basin.
The deal is expected to be completed in the third quarter of this year.
TPG partner Christopher Ortega said: "Since inception, Discovery has done an
impressive job of budding deep community relationships in Colorado and maintaining a
focus on safety, both of which we look forward to continuing under our ownership?
Discovery partner Steven Meisel said: *From grassroots development projects to
operating and optimizing midstream assets, we founded Discovery y with a mission of
providing superior service and maximum Blue for our producers.
'We appreciate the support from our existing equity partners in bringing Discovery to
this inflection point, and look forward to accelerating the company's growth over the
next phase of value creation through our partnership with TPG,"
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September 5, 2017
Kim Ogle, Planning Commission,
In reference to the hearing on September 5, 2017 Case# USR17-0032, as president of the
Buffalo Ridge HOA which borders Discovery's property, l would ask that you postpone this
hearing to a later date for the following reasons:
1. It follows a Federal holiday and some of our residents are still out of town including
our attorney and can't be here for the hearing to represent us.
2. They currently have pipelines in place for operations to their plant under
construction. The HOA has the understanding in our previous meeting with
Discovery on July 31St that Boardwalk pipeline project Phase 2 is intended for a 45
acre expansion of a future plant Phase 2 which will further impact our community.
3, A thorough traffic study should be done. Under EXHIBIT 1) -Use by special review
Questionnaire, the primary traffic, including trucks), will come from their plant during
and after construction with primary times between 7 am and 5 pm. This will
continue to impact our neighborhood travel with school buses and a resident leaving
for work as it has for the last 9 months.
4. Discovery and Buffalo Ridge HOA are still in discussions and have another meeting
scheduled for September 6thi the day after the hearing, to discuss noise and plant
operations and possibly resolve the impact to our neighborhood, More than likely
we will probably have more meetings in the future.
However if you decide to continue with the hearing of USE BY SPECIAL REVIEW of CASE#USR17-
0032, Buffalo Ridge HOA asks that you listen to the residents who are here and their concerns.
if you decide to forward the CASE#USR17-0032, we ask that you place strong standards and
conditions on it that will lessen the impact on our neighborhood before you forward it to the
County Commissioners.
Thank you.
Edward Eagle
President
Buffalo Ridge HOA
EXHIBIT
September 5, 2017
Mr. Kim Ogle
Weld County Planning Department
1555 N. 17th Avenue
Greeley; CO 80631
Dear Mr. Ogle:
Re: USRI7-0032
I respectfully submit this request to postpone the hearing referenced above that is scheduled for today,
September 5, 2017 at 12:30 pm regarding the Discovery Midstream Partners, LLC request for a proposed
pipeline. As a resident of the Buffalo Ridge Estates neighborhood that is near the proposed Phase II of
the gas processing plant and a property owner whose property directly adjoins the current Discovery
Midstream gas processing plant project, I would like to have the hearing postponed for the following
reasons:
1. The pipeline and gas plant are both part of a single project, neither of which is functional
without the other part. Therefore, the two items should be considered as a single project,
rather than separately.
2. As Phase I of the gas processing plant is not yet operational, I do not know the impact this will
have on peaceful enjoyment of my home.
3. Both Buffalo Ridge HOA and I, as an individual, are still in the negotiation phase with Discovery
Midstream for mitigation of the overall neighborhood impact and the individual impact that this
plant will have on the property value and enjoyment of my home,
4. There is a community meeting with Discovery Midstream scheduled for tomorrow evening,
September 6, 2017, at 5:00 pm to further discuss and negotiate these issues.
5. Personally, I am still in the process of gathering information on the expected impact of the gas
processing plant on my property value, with an appraisal scheduled for 1:30 pm on September
5, 2017. The appraisal report will not be ready for an additional two to three weeks.
5. In addition, I have specific concerns regarding the noises and light levels that will be generated
by the gas processing plant, as well as the safety of the entire project being next to a residential
neighborhood.
Thank you for your consideration of this request to postpone this pipeline hearing at this time,
Sincerely,
Dawn Pettinger
17120 Falcon Drive
Fort Lupton, CO 80621
(303) 857-4x06
Cc: Weld County Commissioners
EXHIBIT
August 28, 2017
Weld County Planning Department
ATTN:Tom Parko, Jr and Kim Ogle
1555 North 17th Avenue
Greeley, CO 80631
RE: CASE #USR17--0032 — PIPELINE CONSTRUCTION
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SEP 0 u 2017
Weld L'i gar 'y _
GREELEY OE t -ICE
This letter is being written to request that the date of the hearing for case #USR17-0032 for pipeline
approval be postponed.
We are making this request to allow our HOA to obtain the information Discovery has promised but has
been unable to deliver at this time. Discovery has set our next meeting to be September 6th, the day
after the scheduled hearing on the 5ths If the pipeline is approved at the scheduled hearing, we feet that
our negotiating power with Discovery will be extremely diminished.
During our first meeting, Discovery felt some of our concerns would be appeased after their initial
startup date of phase one which was scheduled to be around the middle of August. As a point of
reference, phase one would be processing 60 million cubic feet of natural gas per day and running 24 -7
all year long. The pipeline under this case will be used for their proposed phase two which will process
200 million cubic feet per day. The initial startup on phase one has been delayed until around October
15th. This delay only increases our apprehension as we understand they have already had a fire (and the
plant is not even running) in addition to experiencing water drainage problems.
We would appreciate postponement until Discovery has successfully started up phase one of their plant
and have addressed issues such as lowering noise levels, dust and environmental control, and storm
water control. We are confident you will carefully consider this request as all of these issues directly
have a large negative impact on our community, house values, and our quality of life
Th . . k you for your consideration.
Ch isty L. Adams
4088 Meadow LT k Road
Fort Lupton, CO 80621
EXHIBIT
VW. Me C032-
LAW OFFICE OF MATTHEW SURA
Matthew Sura LLC • 7354 Cardinal Lane, Longmont, CO 80503 ' Phone: 720-563-1866 ! mattsura.law@gmailicom
TO: Weld County Planning Commission
RE: Discovery DJ Services Boardwalk Pipeline Phase II special review permit
Case number l7-0032
9/5/2017
Weld County Planning Commissioners,
I am Matthew Sura from Longmont, Colorado. I am here today to ask that you delay a
recommendation on the Discovery DJ Services Boardwalk Pipeline Phase II special review permit
until Discovery obtains valid rights of ways for the pipeline. Today you will hear from my client Tom
Morton, and his neighbors Mike Ware and Bill Wycoff, who have all been misled by Discovery about
the scope of this project. In aneffort to get right of way agreements signed, Discovery misrepresented
its project and failed to disclose the location of a large compressor facility it is planning near their
properties. Had they been given full information, they never would have signed the easement
agreements. The right of way agreements therefore should be deemed invalid.
Section 1-3-40 of the Weld County Code states that the purpose of the Code is to promote justice.
Allowing Discovery's application to go forward, even in the face of Discovery's attempt to obtain right
of ways under false pretenses, would indeed be an injustice.
Landowners Tom Morton, Mike Ware and Bill Wycoff are not opposed to the oil and gas industry.
However, they are very opposed to Discovery obtaining right of way agreements without informing
them that Discovery intended to place a large compressor facility adjacent to their properties. Because
the right of ways were obtained through the use of misrepresentation and failure to disclose material
facts about the project, the Planning Commission should either recommend denial or delay making a
recommendation until Discovery can propose a legal route.
As proposed, the Discovery Pipeline does not meet the intent of Weld County zoning — to conserve the
value of property and make the most appropriate use of the land. Weld County Code Sec. 23-1-40(A).
The proposed pipeline project also fails to meet the criteria in which you are to judge it:
From Weld County Code Sec. 23-2-480:
2. The [Natural Gas Pipeline] will not have an undue adverse effect on existing and future
development of the surrounding area, as set forth in applicable Master Plans.
Clearly this proposal will have an undue adverse effect on existing and future development of the
surrounding area. Nearly every resident in the area opposes the current proposal.
3. The design of the proposed [Natural Gas Pipeline] mitigates negative impacts on the
surrounding area to the greatest extent feasible.
The design chooses the worst possible location for a compressor engine. (See "reasonable alternatives"
discussion below)
. All reasonable alternatives to the proposal have been adequately assessed, and the proposed
action is consistent with the best interests of the people of the County and represents a balanced
use of resources in the affected area.
In this case it is abundantly clear that all reasonable alternatives to the proposal have NOT been
adequately assessed, and the proposed action is NOT consistent with the best interests of the people of
tecouty.
As Map 1 shows, the large compressor engine is proposed within a residential area — within 750 feet of
two homes, The three locations to the north (indicated with yellow "X") would be far better locations
because they would be far away from all residences, There is already an existing compressor engine
on Crestone PeakResources.' property to the north.
FARMS LLLP (5;12 NIT)
WARE MICHAEL A.
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Weld County GIS J USDA ESA K urosciit
Map 1. — Weld County GIS. Blue line depicts proposed Discovery pipeline, the yellow box shows the proposed
compressor location, red box shows the property parcel, the yellow "Xs" show other potential locations for the compressor
engine. Map available at: Ihttp::,F, www.co.WeIci. CO. t,�; r�� !w j cE y.12,Q,rt h
In this map you can see the properties of Bill Wycoff, Tom Morton and Mike Ware and the over one
mile of easement that is now being contested because it was obtained without the necessary disclosure
by Discovery.
We do not yet know if Discovery was aware that its landman was misleading landowners in the area by
failing to disclose the compressor engine location. But this type of action, done in Discovery's name,
does not represent Discovery well. I am sure that it is not the kind of operator Discovery wants to be
and it is not the kind of neighbor that will be welcome in this part of Weld County.
I ask you to send Discovery a clear signal that obtaining right of ways by deceit cannot occur in Weld
County. Please either delay any recommendation to the Weld County Commissioners or recommend
that the permit be denied because:
1) It will have an undue adverse effect on existing and future development of the
surrounding area (Sec. 23-2480.A.2)
2) The proposed design does not mitigate the effects to the greatest extent feasible and. (Sec.
23-2480.A.3) and
3) All reasonable alternatives to the proposal have NOT been adequately assessed, and the
proposed action is NOT consistent with the best interests of the people of the County.
(Sec. 23-2480.A.6)
Thank you,
64M: cr
fivlatt Sura
Attorney for Torn Morton
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