HomeMy WebLinkAbout20184060.tiff HEARING CERTIFICATION
DOCKET NO. 2018-146
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0103, FOR A GREATER THAN 13-INCH PIPELINE (UP TO 20-INCH CRUDE OIL
PIPELINE) APPROXIMATELY 30 MILES IN LENGTH, UP TO FIVE (5) CONSTRUCTION
OFFICE TRAILERS AND TEN (10) CONEX CONTAINERS FOR USE DURING
CONSTRUCTION OF THE FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT -
DJ SOUTH GATHERING, 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-Tem
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, Kim Ogle
Public Works Engineer representative, Evan Pinkham
Health Department representative, Ben Frissell
The following business was transacted:
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 DJ South Gathering, LLC, for a Site Specific Development Plan and Use by Special
Review Permit, USR18-0103, for a greater than 13-inch pipeline (up to 20-inch crude oil pipeline)
approximately 30 miles in length, up to five (5) construction office trailers and ten (10) conex
containers for use during construction of the facility 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. Ryder Reddick, applicant's representative, indicated he would like
to proceed with the hearing as scheduled. See HE18-142 for audio recording.)
Ei Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
indicated the applicant is a subsidiary company of ARB Midstream, LLC. He stated the pipeline
is a crude oil, natural gas pipeline, with approximately 140 miles of pipeline in Weld and Larimer
Counties. He explained the pipeline will transfer crude oil gathered from various oil and gas
facilities in Adams and Arapahoe Counties, to a facility in Weld County located near County
Roads (CR) 30 and 49. He stated the pipeline's temporary construction right-of-way (ROW) will
be 75 feet in width, the permit right-of-way is 40 feet wide, except for required depth locations,
and mentioned the pipeline will be installed at a nominal depth below the surface. Mr. Ogle
c:.c.1 Pt- (Kot-ce),Pcoci,P), MCBP) 2018-4060
a1 ►51 t9 PL2624
HEARING CERTIFICATION - DJ SOUTH GATHERING, LLC (USR18-0103)
PAGE 2
indicate the ROW is defined as the right to cross the property and does not indicate fee ownership.
He stated the site is located within the three (3) mile referral area of the Towns of Hudson,
Keenesberg, and Adams County, and described a referral from the Town of Hudson, which
required a Flood Hazard Permit and a ROW Permit prior to the commencement of construction.
He indicated Colorado Parks and Wildlife (CPAW) returned a referral with concerns regarding
various wildlife and the Boxelder Floodplain. He explained the applicant agreed to mitigate the
concerns of CPAW and will reclaim any disturbed property to a condition that existed prior to the
activities per the ROW agreement. He stated the entire length of the pipeline will be constructed
as required by the U.S. Department of Transportation (DOT) and referenced Condition of
Approval (COA) #6.A regarding the applicant meeting with the Office of Emergency Management
(OEM) and the Fire District to develop an Emergency Action and Safety Plan. He mentioned
referrals were sent to 26 agencies that may be impacted by the proposed pipeline, and seven (7)
agencies responded, some with specific conditions that were addressed in the staff
recommendation. He stated Planning Staff has received no letters or correspondence from any
concerned persons. Mr. Ogle indicated, prior to the hearing, the applicant submitted evidence of
a Flood Hazard Development Permit and a ROW Permit which had been secured with the Town
of Hudson which addressed COA#1.B. He entered the favorable recommendation of the Planning
Commission into the record as written. In response to Chair Pro-Tem Kirkmeyer regarding the
crossing agreements, Mr. Ogle clarified he understands the applicant has not obtained the
crossing agreements for COA #1.C-I. In response to Commissioner Cozad regarding the
easements, Mr. Ogle explained the applicant has all the easements obtained; however, not all of
the crossings have been obtained.
la Ryder Reddick, Tetra Tech, represented the applicant and in response to
Chair Pro-Tem Kirkmeyer, he referred the question regarding crossing agreements to Bill Garcia
and stated the applicant was currently in negotiations with all of the crossings. He referenced a
letter from the Henrylyn Ditch Company (Exhibit D), which addresses multiple crossings. In
response to Chair Pro-Tern Kirkmeyer, Bill Garcia, Attorney with Coan, Payton and Payne, LLC,
reiterated the information found in the letter (Exhibit D), and Commissioner Cozad requested
discussion regarding the Conditions that address the crossing agreements, found under"Prior to
Recording the map."
IR Evan Pinkham, Public Works Engineer representative, provided a brief overview of the
transportation plans and requirements, and explained the County road, Highway and Interstate
crossings. He indicated the applicant will need to work with Public Works staff to obtain the ROW
and Access Permits needed for the application. He stated tracking control and a Road
Maintenance Agreement are required during construction. He presented the drainage and grading
requirements and explained pipelines are exempt from the requirements of a Drainage Report
and detention pond design. He mentioned if more than an acre is disturbed for construction of
non-pipeline items, a Weld County Grading Permit may be required. Mr. Pinkham recommended
adjusting the language found in Development Standard (DS) #8 regarding boring to "15 feet'
rather than "10 feet," and he stated the applicant will address boring or open cutting under
unmaintained section line ROW. In response to Commissioner Cozad regarding CR 51 in
COA #J.7-8, Mr. Pinkham explained CR 51 is designated as a paved and gravel road because
the pipeline crosses the road at two (2) different locations. Commissioner Cozad requested
clarifications in the COA#J.7-8 to specify which areas are gravel or paved.
2018-4060
PL2624
HEARING CERTIFICATION - DJ SOUTH GATHERING, LLC (USR18-0103)
PAGE 3
Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating portable toilets and bottled water can be used during construction, and no
additional services will be needed once the pipeline is complete. He stated an Air Emissions
Permit may be necessary if more than 25 acres are disturbed, and DS #16-22 address
Environmental Health items.
la Ryder Reddick, Tetra Tech, represented the applicant and reiterated DJ South Gathering,
LLC, is a subsidiary company of ARB Midstream. El He provided an overview of his PowerPoint
presentation, explained ARB Midstream's vision, mentioned other facility locations and stated the
core values of the company. He also displayed the crude oil supply chain, which included ARB's
presence in the DJ Basin. He displayed a second map that showed an outline of the gathering
lines and transmission lines, which is part of the proposed project, as well as a map of the U.S.,
which showed where there are crude oil and natural gas basins. He provided an image of the
overall pipeline route, and explained it begins at the Arapahoe and Adams County border at the
Bennett station, and ends at the Magellian Storage Facility in Weld County. He stated the
applicant had obtained all of the easements, has coordination with various entities, and explained
the route selection with consideration of surrounding property owners, wildlife and floodplains. He
mentioned a Biological Resource Assessment Report was provided in the application, and stated
all Flood Hazard Development Permits or crossings around the route had been applied for in Weld
County and the Town of Hudson. Mr. Reddick indicated all ROW Crossing Permits along the
pipeline route have been applied for and stated the ROW Crossing and Flood Hazard
Development Crossing from the Town of Hudson had been approved. He discussed the
Surrounding Property Owners (SPO's) and Fire Districts that were contacted along the pipeline
route, and stated there has been limited feedback from the public. He provided a general overview
of the pipeline safety and referenced other representatives that could speak on behalf of the
applicant regarding safety. He stated the applicant has met all of the requirements of the Weld
County Code and mentioned there are proposed changes to the Development Standards and
Conditions of Approval the applicant would like to discuss later in the hearing.
La No public testimony was offered concerning this matter.
el In response to Chair Pro-Tem Kirkmeyer, Mr. Reddick indicated they had reviewed the
Conditions of Approval and Development Standards, and stated the requirements in COA #1.6
regarding the Town of Hudson had been met and questioned if it could be deleted. He requested
deleting "No.1 and" of COA #1.D regarding the Jim Lateral Crossing Agreement, and deleting
"No.1"of COA#1.J.13 also regarding the Jim Lateral Crossing Agreement. He requested adding
"permanent" to COA #1.J.11, regarding the approved access locations. He further requested
moving COA #1.C-I to COA #5, "Prior to Construction," rather than "Prior to recording the plat."
Mr. Garcia further explained the request regarding the construction of the pipeline. In response to
Chair Pro-Tem Kirkmeyer, Mr. Ogle clarified the letter from the ditch company is provided in the
record. Mr. Reddick reiterated the request of Mr. Pinkham to update the language in DS #8 to
state "15 feet"rather than "10 feet."
el Chair Pro-Tern Kirkmeyer addressed the proposed changes from the applicant, and
recommended COA#1.B remain regarding the Town of Hudson's ROW Permit to keep it a matter
of record, even though it has already been completed. She reiterated the Board agreed to delete
2018-4060
PL2624
HEARING CERTIFICATION - DJ SOUTH GATHERING, LLC (USR18-0103)
PAGE 4
"No.1 and"from COA#1.D, and the same language removal in COA#1.J.13. She agreed to move
COA #1.C and E from "Prior to recording the map" to "Prior to Construction" to become the new
COA#5.G and I and the Board concurred. In response to Chair Pro-Tern Kirkmeyer regarding the
request of the applicant to also move COA #1.F-I, Commissioner Cozad recommended moving
the conditions to "Prior to Construction" as the new COA #5.J-M. She reiterated the applicant's
request to add "permanent"to COA#1.J.11, regarding access and the Board concurred.
• Chair Pro-Tem Kirkmeyer addressed Commissioner Cozad's previous question about
COA#1.J.7-8 regarding CR 51 and suggested adding "That portion of"to the beginning of each
standard and adding "that"after "CR 51" in each standard. Chair Pro-Tern Kirkmeyer suggested
language for DS #8 to state, "With the exception of CR 49, any oil and gas pipeline crossing a
Weld County road shall be bored at a minimum depth of ten (10) feet. Any oil and gas pipeline
crossing CR 49 shall be bored at a minimum depth of fifteen (15) feet. This depth shall be
measured below the lowest roadside ditch flowline elevation to the crown of the pipe, and for the
full width of the future right-of-way." The Board agreed to the changes. Commissioner Cozad
added to the findings under#2.A "At the time of the Board of County Commissioners hearing, all
easements have been obtained."
• Mr. Reddick further questioned DS #8 and asked with regard to unmaintained roadways, if
there is an ability to trench the roadways or have a different depth requirement. Chair Pro-Tern
Kirkmeyer clarified the standard only applies if a road is present. Commissioner Cozad further
clarified in the Location Assessment for Pipelines (LAP) process and the new ROW process, there
is some language that allows an Engineer's discretion in regard to boring. Additionally, she stated
the applicant will need to obtain a ROW Permit, whether there is a road there or not. In response
to Chair Pro-Tern Kirkmeyer, Mr. Reddick indicated they had reviewed, and agree to abide by,
the Conditions of Approval and Development Standards, as amended.
• Commissioner Freeman moved to approve the request of DJ South Gathering, LLC, for a
Site Specific Development Plan and Use by Special Review Permit, USR18-0103, for a greater
than 13-inch pipeline (up to 20-inch crude oil pipeline) approximately 30 miles in length, up to five
(5) construction office trailers and ten (10) conex containers for use during construction of the
facility 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. Mr. Ogle inquired concerning the language in DS #8 regarding the last sentence, and
the Board clarified the standard still only applies if there an actual road. The motion was seconded
by Commissioner Cozad, and it carried unanimously. There being no further discussion, the
hearing was completed at 11:43 a.m.
2018-4060
PL2624
HEARING CERTIFICATION - DJ SOUTH GATHERING, LLC (USR18-0103)
PAGE 5
This Certification was approved on the 26th day of December, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d ,,/ „t ,4 ,;e,k EXCUSED
Ste e Moreno, Chair
Weld County Clerk to the Board _1 (.1-4tici-
arbara Kirkmeyer,, ro-Tem
BY:
Deputy Cler to the Boar XCUSED
an P. Conway
APP VE S FORM: 41'2GLC 116()
11361‘,,\:
,Eir A +e-A. Cozad
ounty Attorney
Mike Freeman
Date of signature: t(I IiG1
2018-4060
PL2624
• ATTENDANCE LIST
NAME - PLEASE PRINT ADDRESS{CITY, BTAT SIP} EMAILCOUNTY OF SPEAKING •
LEGIBLY / RESIDENCE Yt ? .
-
ia_y ,t), 1_cJl� }6L'( S4-'0,5-e-C-c>cr,�( /t 5 CZ yv1G'\f-RAEL- .)•J��C r
�, 16O Kilt)4-6i,:04y STS -,7 qc-� �;Ae,�ci2. 267 v4i t&
)49 L" 0r , 3 $ez.c 1_c ,,e�ci4-rS 1ThL,,i V EP_ (_ 3 P,t. c' iC;
,�c fc.„sc) �,-b ivi t o i ee, ,
�,1 Al
JC1 rten�1Fr�'rnt 3)0f ae ^1� ',n Dr. t-[I^G'n I , e C' ,,-/' de '�c1,-f,n,c1t�42"srr L A '
�ir, C � rt/iG L u� C �
IC O 310;`f < (e 41 C 4I l,c,-ck A.
17 1 p'c'tc:, 1-v"e 4.),)''d C
1)-1`O1v c,.,'C;✓1 V(;.G4 e(-c., i ,:\ ,: 1 t-ck 1 1,27L Pi-,,,)L C pse_-+v14 e,_111 (iCG: c c:/e/i l L t'c'C c'L .1 -,1',.5‘ /
Z35(3,'Z
(,,4AL f 7/6:,x' C-k ' Lie-I, Ji -C - ((, (
it C
G
A-Vihi, "beq J01)16_, �' bi t,iti{Lt,,2,r `- C" IBC( cn0- i 1)Fi
7 .t A;-lc ((-v ,�2,, �Iltla, ,�C�1��� Z" t�1, c,';,,, Leo l ipp �, / 1
� �y�j `3 '1 Ci I 7 Svc 7 J �/
�%�(lirY7 `).,�.Lk. . C C� `c:%ZG%Z. 1 < jzk .,5C-s-1 GC c1() i�.-t t, }vc- , `� /(___)
Lyn/,v (G lsic) '` , c -?-O, // --(oar P\P' afi t
gip. �'1 . /6 4.j
�' r
—5►�L` � 1� L�yt�v{�/ �.���C` '12 �C' 4 tic::=y5C_c,.,_ i.�:Ct
�a�SC'4. F, 3
GckV \/ svobcd 1.. C'✓ Ey ' Lo 6"V
I/CI C. //II ltL,,AC c nay la 6 to 't 1J
_ •e
C (, � -cam
h �� ? jZ L s / , >1, � �4J< < L 'v �� (� .7 C s ,c_( ti f LIZ:G-1)
fit%�,1./ "� Jl)CC- I7 �ti'&et p Oedi e0 (-.6) 4--/ r r,-4;�,17w)cyi rF+-,ji2r� n.,7,(',,:.h 1) 0,4,/a 5
Hello