HomeMy WebLinkAbout20070926.tiff HEARING CERTIFICATION
DOCKET NO. 2007-15
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1598
FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING A NATURAL
GAS PROCESSING FACILITY, IN THE A (AGRICULTURAL) ZONE DISTRICT -
ROCKIES EXPRESS PIPELINE, LLC
A public hearing was conducted on March 21, 2007, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner William F. Garcia
Commissioner Robert D. Masden - EXCUSED
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Health Department representative, Char Davis
Public Works representative, Donald Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated March 2,2007,and duly published March 7,2007,in
the Fort Lupton Press,a public hearing was conducted to consider the request of Rockies Express
Pipeline, LLC,for a Site Specific Development Plan and Use by Special Review Permit#1598 for
a Mineral Resource Development Facility, including a Natural Gas Processing Facility, in the
A(Agricultural)Zone District. Bruce Barker, County Attorney, made this a matter of record, and
advised the applicant's representative, Dick Sears,that he has the option of continuing this matter
to a date when the full Board will be present. However,if he decides to proceed today, it will require
three affirmative votes,or in the case of a tie vote, Commissioner Masden will listen to the record
and make the determining vote. Mr. Sears indicated he would like to proceed today.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal,entered
the favorable recommendation of the Planning Commission into the record as written,and gave a
brief description of the location of the site. He stated the property is not within the three-mile referral
area of any municipalities, it is entirely enclosed by a chain link fence, and he reviewed the
surrounding land uses. Mr. Ogle stated staff received no correspondence from surrounding
property owners, and the site will be serviced by a commercial well permit and a septic system.
He stated the property has been granted a temporary access from the Colorado Department of
Transportation(CDOT)from U.S. Highway 85,which is valid through July 2007. He further stated
ten referral agencies reviewed the proposal,and six responded favorably or provided comments that
have been addressed through the Conditions of Approval and Development Standards. In response
to Commissioner Rademacher, Mr. Ogle clarified this is a new facility, not an expansion.
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HEARING CERTIFICATION - ROCKIES EXPRESS PIPELINE, LLC (USR#1598)
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Char Davis, Department of Public Health and Environment, stated the site will use a commercial
well and a septic system, and staff is requiring the applicant to submit an Air Pollution Emission
Notice (A.P.E.N.) and a Waste Handling Plan.
Donald Carroll,Department of Public Works,stated the site is accessed from U.S.Highway85,and
the applicant is working with CDOT for permanent access. He stated he visited the site, which is
under construction, and there appears to be adequate circulation and parking. He further stated
staff has reviewed the Stormwater Drainage Plan with the applicant.
Mr. Sears submitted copies of a PowerPoint presentation and site maps, marked Exhibits H, I,
and J. He stated the demand for natural gas is anticipated to grow by 50 percent by the year 2020,
and he reviewed the Pipeline Map, marked Exhibit J,for the record. He stated the system starts in
Meeker,Colorado,extends north to Wamsutter,Wyoming,and then terminates in Weld County at
the Cheyenne Facility, for a total distance of 328 miles. Mr. Sears stated the line is proposed to
extend 713 miles east to a facility in Missouri,and then an additional 622 miles to the eastern border
of Ohio. He stated the underground steel pipeline will be 42 inches in diameter, there will be four
compressor sites along the western portion of the pipeline, 42 mainline valve locations, and the
pipeline is being designed, built,and operated under the Federal Energy Regulatory Commission
and the U.S. Department of Transportation. He further stated the participants in the project are
KinderMorgan,which is the constructor and operator of the pipeline,along with Esempra Pipeline
and Storage and Conoco Phillips. Mr. Sears stated this is a major investment in the U.S. energy
infrastructure, and there are local and national benefits. He stated natural gas is an abundant
resource, it is a common fuel for generating electric energy, and is commonly used by ethanol
plants, as well as residents. He further stated it is the cleanest burning fossil fuel, it is nontoxic, it
is better for the environment,and it is a safe fuel. He stated the construction project will employ 50
people, there will be 300 to 400 employees working along the line, and the complete project is
estimated to generate$2.2 million in tax revenue. Mr.Sears stated the facility is referred to as the
Cheyenne Station, which is located on 25 acres, and the applicant is investing $35 million in the
facility. He stated the site was selected based on the low population density,avoiding irrigated crop
land, and the apparent minimal impact on current and future land development in the area. He
stated the applicant will comply with all federal, state, and local requirements, and the facility will
meet state air quality standards, although the facility is exempt since it is designed to use electric
motors. He further stated the noise level is less than 55 decibels;the property is maintained by on-
site personnel;the facility is compatible with the surrounding area,with three other compressor sites
in the immediate vicinity; and it will not interfere with local wildlife habitat, historic landmarks, or
archeological sites. Mr.Sears stated the facility will have four employees during regular business
hours, five days a week, and it will be accessible for emergency responders. He stated the area
has been surveyed to locate any endangered species, wetlands, or sensitive resources, and he
reviewed the Engineering and Compressor Station Site slides included in Exhibit H. He further
stated the applicant intends to start construction in April, the site will be monitored from the
Lakewood facility,and they have the ability to shut the Cheyenne Station down remotely. Mr.Sears
reiterated the facility is exempt from requiring an A.P.E.N. since it is using electric motors,and he
reviewed the Safety slide,included in Exhibit H,for the record. He stated the applicant is using high
quality materials and proven technology,the facility is regularly monitored,and they will coordinate
with local emergency responders for training at the operational phase. He further stated the benefits
of this project are significant on both a federal and local basis.
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In response to Commissioner Jerke, Mr. Sears stated the project will employee 50 people during
the construction phase for the compressor, as well as 300 to 400 employees to construct the
pipeline,and the Cheyenne facility will have four on-site personnel on a long-term basis. He further
stated it is estimated the County will receive$2.2 million in tax revenue,some of which is already
being received from the existing facility in the form of ad-valorem taxes. Responding to
Commissioner Garcia, Mr. Sears stated the applicant has received temporary access in two
locations along U.S.Highway85 from CDOT. Mr.Ogle stated the temporary access permit is valid
through July 2007,and a permanent permit will likely be granted prior to that time once the review
process is completed by CDOT. In response to Commissioner Rademacher, Ben Guidry
represented the applicant and stated the site will be fenced and the buildings have intrusion alarms
that are monitored from Lakewood. Responding further to Commissioner Rademacher, Blane
Johnson, Operations Manager, stated there is an Emergency Response Plan and they meet
annually with the emergency response officials. He further stated the officials from Cheyenne,
Wyoming,have indicated they will respond if needed;however,he is unsure if the Town of Nunn has
to request service or if it is an automatic response. He verified that the property is closer to
Cheyenne, Wyoming, than to the Town of Nunn.
No public testimony was offered concerning this matter. Responding to Chair Long, Mr. Sears
stated he and the applicant have reviewed, and concur with, the Conditions of Approval and
Development Standards. He stated the only concern is the timing for commencing construction in
April, rather than waiting to record the plat. The Board agreed to grant the applicant's request for
an early release of building permits. Mr.Ogle stated the applicant has provided evidence from the
State Engineer's Office of a commercial well permit for the site, therefore, Condition of
Approval #1.E can be deleted.
Commissioner Jerke moved to approve the request of Rockies Express Pipeline, LLC,for a Site
Specific Development Plan and Use by Special Review Permit #1598 for a Mineral Resource
Development Facility, including a Natural Gas Processing Facility, in the A (Agricultural) Zone
District, based on the recommendations of the Planning staff and the Planning Commission,with
the Conditions of Approval and Development Standards as entered into the record,and the deletion
of Condition of Approval#1.E. The motion was seconded by Commissioner Garcia,and it carried
unanimously. There being no further discussion, the hearing was completed at 11:15 a.m.
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This Certification was approved on the 26th day of March 2007.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
7 WELD eQ..NTY C EOZDO
ATTEST: ��T /I�t' �` "_J :A
David E. Long, Chair
Weld County Clerk to th-'o. ; • -�
1861 f /
Willi H. Ace;Pro-Tem
BY:
Deputy CI to the = •` �:,
William F. Garcia
TAPE #2007-07 EXCUSED
Robert D. Masden
DOCKET#2007-15
ouglas ademache
2007-0926
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EXHIBIT INVENTORY CONTROL SHEET
Case USR#1598 - ROCKIES EXPRESS PIPELINE, LLC
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 03/06/2007)
D. Clerk to the Board Notice of Hearing
E. Planning Staff Well Permit
F. Planning Staff E-mail re: New Parcel No., dated
03/19/2007
G. Planning Staff Correspondence from Chuck Jones, dated
03/15/2007
H. Applicant Copy of PowerPoint presentation
Applicant Cheyenne Station 905 Permit Site Plan
J. Applicant Oversized Map of Rockies Express Pipeline
location, dated 01/24/2007
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