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
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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
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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.
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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
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