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HomeMy WebLinkAbout20183989.tiff HEARING CERTIFICATION DOCKET NO. 2018-143 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0098, FOR A GREATER THAN 12-INCH HIGH PRESSURE NATURAL GAS PIPELINE (24-INCH HIGH PRESSURE NATURAL GAS PIPELINE) IN THE A (AGRICULTURAL) ZONE DISTRICT- ROCKY MOUNTAIN MIDSTREAM, LLC A public hearing was conducted on December 19, 2018, at 10:00 a.m., with the following present: Commissioner Steve Moreno, Chair- EXCUSED Commissioner Barbara Kirkmeyer, Pro-Tern Commissioner Sean P. Conway - EXCUSED Commissioner Julie A. Cozad Commissioner Mike Freeman Also present: Acting Clerk to the Board, Selena Baltierra Assistant County Attorney, Bob Choate Planning Services Department representative, Chris Gathman Public Works Engineer representative, Mike McRoberts Health Department representative, Lauren Light The following business was transacted: ti I hereby certify that pursuant to a notice dated November 13, 2018, and duly published November 19, 2018, in the Greeley Tribune, a public hearing was conducted to consider the request of Rocky Mountain Midstream, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0098, for a greater than 12-inch High Pressure Natural Gas Pipeline (24-inch high pressure natural gas pipeline) in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of record. (CLERK'S NOTE: Chair Pro-Tem Kirkmeyer instructed the applicant and reviewed for the public, with two (2) of the five (5) commissioners being excused, the vote must be unanimous for the case to be approved today. Matt Norton, applicant's representative, indicated he would like to proceed today. See HE18-142 for audio recording.) Chris Gathman, Department of Planning Services, presented a brief summary of the proposal and indicated the pipeline will increase production efficiency between the Broomfield Compressor Station and a Fort Lupton gas processing plant. He explained presently the applicant has agreements with all but two (2) property owners along the route and stated the pipeline will cross through the three (3) mile referral areas of numerous cities and towns. Mr. Gathman stated the City of Dacono's referral indicated any right-of-way crossing within the City of Dacono is subject to an encroachment license agreement and a right-of-way excavation permit, and all proposed haul routes within the City of Dacono must be approved by the city. He stated the applicant has had follow-up correspondence with the City of Dacono and have confirmed they will not be 2018-3989 PL(CCc(TP), PwCMM),2-N(LL) PL2618 oa (istIq HEARING CERTIFICATION - ROCKY MOUNTAIN MIDSTREAM, LLC (USR18-0098) PAGE 2 crossing any rights-of-way within the jurisdiction of Dacono. He mentioned the City of Fort Lupton, in their referral, is requesting future right-of-way of 110 feet for County Roads (CR) 8 and 19 and future right-of-way of 85 feet for CR 21. He prompted clarification from Public Works regarding CR 19 and the requirements of the future right-of-way of the county, rather than the City of Fort Lupton's requirements. He explained the pipeline is proposed to follow property lines in most locations to minimize destruction of croplands and agriculture operations, and following construction the rights-of-way and disturbed areas will be restored to their preconstruction conditions. Mr. Gathman stated Best Management Practices will be implemented to control erosion, and water trucks will be utilized as necessary to control dust. He mentioned the applicant will control noxious weeds after construction and stated the pipeline is not located within a floodplain. He noted an addition to the USR map from the Planning Commission hearing, which included the easements have been obtained and entered the favorable recommendation of the Planning Commission into the record as written. Mike McRoberts, Public Works Engineer representative, provided a brief overview of the transportation plans and requirements, and indicated there will be access from several adjacent County roads. He stated the applicant will be working with Public Works to obtain all necessary access and right-of-way permits. He mentioned tracking control and a Road Maintenance Agreement will be required during construction, and stated pipelines are excepted from the requirements of a Drainage Report and detention pond design. He presented the drainage and grading requirements, stating a Weld County Grading Permit will be required if more than one (1) acre is disturbed by non-pipeline construction, and clarified CR 15 is not included and will need to be added to the draft Resolution. Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions, and stated portable toilets can be used along the construction route. She indicated the applicant will need an Air Emissions Permit if they exceed a disturbed area of 25 acres or more, and mentioned Development Standards (DS) #4-10 address Environmental Health items. Matt Norton, represented the applicant and provided an overview of Rocky Mountain Midstream, LLC, including the company's track record and safety culture, and described the proposed pipeline. He explained the two (2) unobtained easements and stated, one (1) was signed the night prior to the hearing, on December 18, 2018, noted there is a verbal agreement with the remaining owner, and documents were to be signed December 19, 2018, in Oklahoma. He explained the general design and construction of the pipeline according to the Department of Transportation (DOT) standards. Mr. Norton reviewed the monitoring and the depth requirements for the pipeline, displayed a map showing the property owners along the right-of-way, and reiterated the safety culture and environmental stewardship. Ei No public testimony was offered concerning this matter. Ci In response to Chair Pro-Tem Kirkmeyer, Mr. Norton indicated they had reviewed the Conditions of Approval and Development Standards, as presented. In response to Commissioner Cozad, Mr. Norton clarified the pipeline will not cross any roads or use haul routes in the City of Dacono. In response to Commissioner Cozad, Mr. Norton 2018-3989 PL2618 HEARING CERTIFICATION - ROCKY MOUNTAIN MIDSTREAM, LLC (USR18-0098) PAGE 3 stated the pipeline will be monitored from a control room in Houston, Texas, the local Fort Lupton gas plant and correspondence between a call and notification system if anything were to happen. In response to Commissioner Kirkmeyer, Mr. Gathman stated the pipeline is in the Regional Urbanization Area (RUA) and explained there is a pending Code change to allow pipelines of this nature to be within the RUA. After further discussion, Kim Ogle, Department of Planning Services, clarified the Code change required any development in a RUA to go through a PUD process, which is essentially a surface development for a subsurface action; therefore, pipelines were exempted from the PUD process through the Location Assessment for Pipelines (LAP) process. Commissioner Kirkmeyer reiterated adding the language regarding CR 15 as suggested by staff as a new Condition of Approval (COA) #1.C.7, and the Board and staff agreed. After discussion regarding the referrals from the City of Dacono and Colorado Parks and Wildlife (CPAW), the Board agreed to delete COA#1.B-C. Commissioner Cozad recommended clarifying the language in COA #5.A regarding the approved access and tracking control to state, "The approved access and tracking control shall be constructed at locations that access County roads." Commissioner Freeman requested removing the language in COA #2.6 regarding the referral reference to the City of Dacono and the Board agreed. IR In response to Chair Moreno, Mr. Norton indicated they had reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as amended. Commissioner Cozad moved to approve the request of Rocky Mountain Midstream, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0098, for a greater than 12-inch High Pressure Natural Gas Pipeline (24-inch high pressure natural gas pipeline) in the A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as amended. The motion was seconded by Commissioner Freeman, and it carried unanimously. There being no further discussion, the hearing was completed at 11:06 a.m. 2018-3989 PL2618 HEARING CERTIFICATION - ROCKY MOUNTAIN MIDSTREAM, LLC (USR18-0098) PAGE 4 This Certification was approved on the 26th day of December, 2018. BOARD OF COUNTY COMMISSIONERS ((.. WELD COUNTY, COLORADO ATTEST: di:mak) G: � EXCUSED Ste Moreno, Chair Weld County Clerk to the Board rbara irkmeyer, ro-Tem BY: �► Deputy CI to the Board XCUSED an P. Cpnway Al73VED 1861 ,Er Jfie A. Cozad County •ttorney ` :A-C,-,-3 _ Mike Freeman Date of signature: AIM i9 2018-3989 PL2618 ATTENDANCE LIST I Z 1 F i 2_0 F) NAME - PLEASE PRINT ADDRESS mny, STATE ZIP EMAIL COUNTY OF SPEAKING LEGIBLY RESIDENCE, (Y�? 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