Recieved 11/21/03
 
Article originally printed in The Clarion.   A Western Colorado Congress newsletter release
 

By Karen Dobos, Mesa
 

   Garfield and Delta are not the only counties being affected by oil and gas development. Now Mesa County is experiencing the gluttonous industry.
   On October 1, 2002, Tom Brown, Inc. started up its newly purchased compressor station near the town of Mesa.  Tom Brown began operations with blatant disregard for the stipulations the Mesa County Commissioners imposed when they approved the Conditional Use Permit for a compressor station at this site.
   The Planning Department and Commissioners have received many complaints about all the noise.  The Colorado Oil and Gas Conservation Commission (COGCC) has sent a Notice of Alleged Violation to Tom Brown, Inc. (TBI) concerning the exorbitant noise levels.  Because of all these complaints, the Commissioners sent a letter to TBI asking for an explanation.
   In a letter, TBI replied, “It is our intention to comply with regulations and perform additional enhancements when and if economically feasible (emphasis added).”
   The Commissioners received that letter on October 31, 2002.  In the meantime, the compressors are still up and running even though TBI has openly admitted that it is not in compliance.
   The Mesa County Commissioners approved TBI’s permit with these conditions (excerpted from the meeting minutes):

1.        A revised site plan shall be submitted for this conditional use permit which illustrates the ways the noise regulations of  the Colorado Oil and Gas Conservation Commission will be met.
2.        The site shall be maintained in good visual condition; earth tone and natural colors must be used.
3.        Emergency shutdown provisions and fire plans must be coordinated and approved by the Plateau Valley Volunteer Fire   Protection District and Mesa County.
4.        Site must be posted with an emergency and complaint telephone number at all times.
5.         Exterior lighting must meet the Mesa County County Land Use Code requirements.
6.         Project must be in compliance with all state and county regulations and licenses.
7.         All noise abatement should be done prior to the time of the compressors being in operation, and accepting all review agency comments.

   The Mesa County Planning Department is responsible for seeing that these conditions are met. And yet, the senior planner charged with oversight asserted that Tom Brown was in compliance without ever visiting the site or confirming that all the conditions were actually validated.  (Note:  He no longer works for the Planning Department.)
   The revised site plan referred to in the first condition should never have been approved.  The sound mitigation that was proposed includes “a sound barrier wall to be constructed around the compressor.”   The revised plan (and what was built) consists of a wall on the south end to shield the cemetery from the noise.  It does nothing to alleviate the noise for other residents.
   Copies of the emergency shut down provisions and fire plans are unavailable to the public, nor are they included in the Planning Department documents. (Condition 3)
   The site is posted with an emergency phone number but it is NOT a working number.  No complaint number has ever been posted. (Condition 4)
   Grand Valley Power did finally change the site’s lighting at a resident’s request.  Why GVP does not adhere to the Mesa-Powderhorn land use plan or other light pollution guidelines without a specific request is another story. (Condition 5)

   We live with the gas and oil companies every day here in Colorado.  We use and therefore need the energy they produce. What we are asking is that these gas and oil companies follow the rules they have told us they will adhere to and  do so responsibly.
   Unfortunately, even the rules they have been asked to follow are not adequate.  COGCC regulations state that 55 decibels are allowed from 7:00 AM to 7:00 PM and 50 decibels at night.  Decibel levels that high are not appropriate for our rural environment.  Noise levels are measured 25 feet from the compressor site’s property line if no occupied residence is present. Noise is measured at the residence if occupied.  This is not right, fair, or just!!  Residents of homes that are set back from their property lines should have the right to enjoy ALL of their property.
   If the Planning Department is the enforcing body for the Commissioners they need to be committed to doing that and do it in a timely manner.  Why should TBI continue to reap the rewards while the residents cannot sleep or enjoy their properties because of the noise?


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