City of Kyle issues notice of noncompliance to Kinder Morgan over noise violations

Hays

KYLE, Texas (KXAN) — The City of Kyle has issued a 24-hour notice of noncompliance to Kinder Morgan regarding noise violations coming from construction on the Permian Highway Pipeline.

It comes after a sleepless night for some homeowners in Kyle’s Post Oak neighborhood, who say noise from the Permian Highway Pipeline construction filled their homes for several hours.

Lynn Pommerening said the noise started around 4:30 p.m. Tuesday. He took the video below around 5:30 a.m. Wednesday. At one point, he says the noise reached 107 decibels, according to his phone app.

“Me and my husband were on the back porch right here and we were just screaming at each other because we couldn’t hear each other,” said Amy Casey, who also lives in the neighborhood, which is off County Road 158.

Casey is one of dozens who called police about sounds coming from the construction activity.

“It sounded like an airplane was sitting on top of our house,” said Marcy Puente, who lives about two blocks away from the construction site.

The noise carried on through 8:45 a.m. Wednesday, when Puente also took a video. She says her daughter was anxious about starting classes at her charter school that same day.

“She kept coming in the room last night very upset that she wouldn’t be able to concentrate on her school work, and that she couldn’t get any sleep,” Puente said.

Pipeline company Kinder Morgan tells KXAN crews were doing an inspection and apologized for the noise.

As part of the inspection of a completed portion of the Permian Highway Pipeline, Kinder Morgan used compressed air to run an internal inspection device through the section of the pipeline. The venting of the compressed air associated with this inspection resulted in noise in the Kyle area. This important inspection is now complete, and we apologize for the noise and any disruptions to local landowners. Both the City of Kyle and Hays County were notified in advance of this test, and we are working closely with them and the concerned residents to address any noise complaints.

Katherine Hill, Kinder Morgan spokesperson

But the City of Kyle says they didn’t know the extent of the noise, and that Kinder Morgan was required to notify neighbors.

Kinder Morgan notified the City regarding the planned construction activity, but city staff were not made aware of the extent of the noise impacts the project would have. Kinder Morgan was required to notify residents within 100 feet of impending noise and, according to the company, they have complied with that requirement.  

Samantha Armbruster, City of Kyle spokesperson

Neighbors say they never got any notification about Tuesday evening’s pipeline test.

A spokesperson for Kinder Morgan confirmed this, saying “we intend to make broader notifications as warranted going forward.”

“I just want more warnings rather than them just doing whatever the hell they want — excuse my french,” Casey said.

Armbruster says although the pipeline work was permitted by the Texas Railroad Commission, crews still have to follow the City of Kyle’s noise ordinance.

“The Kyle Police Department will be proactive in conducting decibel readings at the property line to ensure compliance. If in violation, citations will be issued to the proper entities,” Armbruster said in a media statement on Wednesday.

The press release also indicated Kinder Morgan told city staff crews “plan to conduct similar pipeline construction activity in coming weeks on the west side of Interstate 35.”

For more information on the project, you can visit the City of Kyle website.

County re-issues pipeline permit

Hays County Commissioners re-issued an unrelated road-crossing permit to Kinder Morgan on Tuesday. Commissioners revoked it in April until the company provided some additional research on the pipeline.


The county’s transportation department says Tuesday night’s inspection in Kyle didn’t require a permit.

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