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HomeMy WebLinkAbout20182929.tiffHEARING CERTIFICATION DOCKET NO. 2018-102 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0057, FOR A GREATER THAN 12 -INCH HIGH PRESSURE NATURAL GAS PIPELINE (16 -INCH HIGH PRESSURE NATURAL GAS PIPELINE) 4.47 MILES IN LENGTH IN THE A (AGRICULTURAL) ZONE DISTRICT — DCP OPERATING COMPANY, LP A public hearing was conducted on September 26th, 2018, at 10:00 a.m., with the following present: Commissioner Steve Moreno, Chair Commissioner Barbara Kirkmeyer, Pro -Tern Commissioner Sean P. Conway Commissioner Julie A. Cozad Commissioner Mike Freeman Also present: Acting Clerk to the Board, Selena Baltierra Assistant County Attorney, Frank Haug Planning Services Department representative, Chris Gathman Planning Services Director, Tom Parko Public Works Engineer representative, Evan Pinkham Health Department representative, Lauren Light The following business was transacted: I hereby certify that pursuant to a notice dated August 15, 2018, and duly published August 20, 2018, in the Greeley Tribune, a public hearing was conducted to consider the request of DCP Operating Company, LP, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0057, fora greater than 12 -inch high pressure natural gas pipeline (16 -inch high pressure natural gas pipeline) 4.47 miles in length in the A (Agricultural) Zone District. Frank Haug, Assistant County Attorney, made this a matter of record. El Commissioner Kirkmeyer referred to case USR18-0055, completed previously and referenced a language change in Condition of Approval (COA) #1.B, in which "lease" needed to be changed to "easement," and suggested the same amendment to this Resolution, as it is the same applicant and same type of Use. The Board agreed for the COA to read, "A copy of the signed and recorded (construction and post -construction) easement agreements (or other acceptable authorization from property owner) for pipeline right-of-way shall be submitted to the Department of Planning Services." El Chris Gathman, Department of Planning Services, presented a brief summary of the proposal and stated the 16 -inch pipeline will be approximately 4.47 miles in length and will connect to an existing DCP pipeline and terminate at the North Star Booster Station. He mentioned there is no river crossing; however, the pipeline will be crossing the Greeley #2 Ditch. Mr. Gathman stated the applicant is proposing to segregate topsoil, preserve during grading operations, and restore Ce: PL(TQ CC>) p1069) tekkLO Chi3G /51s) rpli� Ig 2018-2929 PL2588 HEARING CERTIFICATION - DCP OPERATING COMPANY, LP (USR18-0057) PAGE 2 the surface layer once the pipeline is installed. He indicated the proposed pipeline is located within the three (3) mile referral area of the City of Greeley, which expressed no concerns regarding the application. He stated additional mitigation will require the applicant to bore beneath County roads during construction to avoid damage to road surfaces and disruption of traffic flow. Mr. Gathman explained if any bodies of water are crossed, it will either be by boring beneath or by an open cut crossing method. He stated Best Management Practices (BMPs.) shall be utilized to protect the water bodies from erosion and/or sediment runoff. He indicated 16 referrals were sent out and 11 were received with no concerns or with comments that were considered in the staff recommendation. He stated no correspondence has been received from surrounding property owners. Mr. Gathman explained there are floodplain crossings for this pipeline; therefore, there is a Flood Hazard Development Permit requirement. He reiterated the modification from "lease" to "easement" language on COA #1.B, and entered the favorable recommendation of the Planning Commission into the record as written. Evan Pinkham, Public Works Engineer representative, provided a brief overview of the transportation plans and requirements, and stated the pipeline will cross Highway 392, and County Roads (CR) 66, 70, and 72. He explained a Grading Permit will be required if the applicant is disturbing more than an acre, and a Road Maintenance Agreement will also be required. 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 also indicated Development Standards (DS) #4-10 address Environmental Health items. Patrick Groom, Attorney, represented the applicant and stated the application is for a proposed 16 -inch discharge line that will run from the North Star Compressor Station to DCP's existing pipeline infrastructure. He described the pipeline route and production of natural gas that will run through the pipeline. Mr. Groom stated DCP selected the most direct route for the pipeline, while attempting to mitigate impacts on irrigated farmland. He indicated the approximate length of the pipeline is 4.47 miles and described the operating pressures for the pipeline. Mr. Groom stated the applicant has obtained the necessary easement agreements and mentioned DCP is currently negotiating an agreement with the Greeley -Loveland Ditch Company. No public testimony was offered concerning this matter. In response to Chair Moreno, Mr. Groom indicated they have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, with proposed changes as previously discussed in USR18-0055 and USR18-0056, to include moving Condition of Approval (COA) #1.A regarding the Road Maintenance Agreement, to "Prior to Construction" rather than "Prior to Recording the Map"; the language change from "lease agreements"to "easement agreements" in COA #1.C; and the amended Development Standard (DS) #16, regarding the boring depths for the pipeline. The Board agreed with these consistent changes to all three (3) cases as they pertain to the same applicant and same type of Use. =k In response to Chair Moreno, Mr. Groom indicated they have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as amended. 2018-2929 PL2588 HEARING CERTIFICATION - DCP OPERATING COMPANY, LP (USR18-0057) PAGE 3 Commissioner Cozad moved to approve the request of DCP Operating Company, LP, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0057, for a greater than 12 -inch high pressure natural gas pipeline (16 -inch high pressure natural gas pipeline) 4.47 miles in length 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 and entered into the record. The motion was seconded by Commissioner Conway, and it carried unanimously. There being no further discussion, the hearing was completed at 11:52 a.m. This Certification was approved on the 1st day of October, 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d„,4„,,, �Cllo� Weld County Clerk to the Board BY: ( J' (�UGP�e C1. - RiA9ujad Deputy Clerk to the Board •�EDASTi�;� ounty £ ttorney Date of signature: 10110 f t i' Steve Moreno, Chair EXCUSED DATE OF APPROVAL Barbara Kirkmeyer, Pro -Tern Sean P. C ike Freeman 2018-2929 PL2588 ATTENDANCE LIST NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL COUNTY -OF RESIDENCE SPEAKING IN (YIN)? To K E,KrtiMA-N l'161 1 Li V OAK"' C:a i E C.ra `6p5'27 'R, ,Tt,N 1N c C� -, < LA 2, 2 Ail 1 1 �- % \92_ , ra.f D.,ty, . 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