HomeMy WebLinkAbout20180734.tiffHEARING CERTIFICATION
DOCKET NO. 2018-25
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR17-0077, FOR A GREATER THAN 12 -INCH HIGH PRESSURE NATURAL GAS
PIPELINE APPROXIMATELY FOUR (4) MILES LONG IN THE A (AGRICULTURAL)
ZONE DISTRICT - GREEN RIVER DEVCO, LP
A public hearing was conducted on March 21, 2018, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner Julie A. Cozad - EXCUSED
Commissioner Mike Freeman
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Kim Ogle
Public Works Department representative, Evan Pinkham
Public Works Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
el I hereby certify that pursuant to a notice dated February 12, 2018, and duly published
February 15, 2018, in the Greeley Tribune, a public hearing was conducted to consider the
request of Green River DevCo, LP, for a Site Specific Development Plan and Use by Special
Review Permit, USR17-0077, for a greater than 12 -inch high pressure natural gas pipeline
approximately four (4) miles long in the A (Agricultural) Zone District. Bob Choate, Assistant
County Attorney, made this a matter of record.
Chair Moreno reviewed, for the applicant and the public, the procedures to follow should this
case result in a tie vote due to four Commissioners being present and Commissioner Cozad
excused.
IR Kim Ogle, Department of Planning Services, presented a brief summary of the proposal,
stated the pipeline connection location in relation to relevant county roads, and mentioned it is
four (4) miles in length and adjacent and parallel to an existing pipeline corridor to minimize
impact. He stated the applicant provided an environmental review which includes a specific site
assessment regarding the immediate area adjacent to the pipeline and reported no concerns from
neither the Colorado Division of Parks and Wildlife nor Colorado History. Mr. Ogle reviewed the
Conditions of Approval prior to operation to include the development of an Emergency Action
Safety Plan and construction regulations as determined by the U.S. Department of Transportation,
and stated referrals were sent to 12 agencies and two (2) responses were received with
comments that have been considered in the staff recommendation. He reported no
correspondence from surrounding property owners has been received regarding this application.
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Mr. Ogle requested Development Standards (DS) #s 9,10,11, and 14 be modified by adding
"During construction, ..." to begin each Standard. He displayed a pipeline route map and entered
the favorable recommendation of the Planning Commission into the record as written.
• Hayley Balzano, Public Works Engineer representative, provided a brief overview of the
transportation plans and requirements to include a list of the road crossings and section line
crossings. She stated tracking control and an Improvements and Road Maintenance Agreement
would be required for the construction accesses. Ms. Balzano reviewed the drainage and grading
requirements and stated she has modifications to related Conditions of Approval (COA) and
Development Standards (DS) and agreed to review those after the public input. In response to
Commissioner Kirkmeyer, Ms. Balzano clarified CR 40 is a section line for that section only and
COA #1.C.6 will need to be corrected to reflect that designation.
ka Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating portable toilets may be used along the construction route, and Development
Standards (DS) #9-15 address typical Environmental Health items.
la Pam Hora, Tetra Tech, represented the applicant and stated Green River DevCo, LP, is
controlled by Noble Midstream Partners. She pointed out the proposed pipeline is located in south
central Weld County and she reviewed the connecting points, the route in relation to relevant
County roads, and culmination at the DCP Crossroads Compressor Station. She reviewed the
pipeline depth at each area of crossing and the permits associated with rights -of -way and ditch
crossings with 12 of the 15 easement agreements in place and negotiations well underway with
the remaining land owners to include the State of Colorado and the City of Broomfield. Ms. Hora
presented the various easement widths due to other pipelines. She stated a water truck will be
used for dust abatement, the pipeline construction areas will be regraded to allow historic
drainage patterns and the surface revegetated to return to pre -construction state. She reviewed
safety measures to include pipeline centerline markers to identify operator and provide contact
information, the use of the one call system, use of a SCADA system to constantly monitor, the
use of inspection tools to monitor the mechanical aspect, and the operations and control center
staffed 24/7 to handle day-to-day operations and respond to any emergency. She stated the
applicant understands the importance of protecting the natural environment and provided an
Environmental Report on the wetlands and wildlife resources accounted for along the route and
stated the applicant has adjusted the timing of construction to protect all the natural resources.
Ms. Hora reported the applicant reached out to property owners within 150 feet of the pipeline
and received no feedback from neighbors. In response to Chair Moreno, Ms. Hora reviewed the
pipeline burial depths. In response to Commissioner Conway, Ms. Hora clarified a particular
crossing location.
• No public testimony was offered concerning this matter.
• In response to Commissioner Conway, Evan Pinkham, Weld County Public Works, stated
staff uses a guideline for assessing boring depths in relation to the road classifications.
Commissioner Kirkmeyer interjected that state highways have a boring depth requirement of 20
feet and she requested clarification on how staff is assured these depths are being met and if
inspections occur. In response to Commissioner Kirkmeyer, Robert Smetana of Noble Midstream
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Partners, stated they are required to give the County notice and there is data that tracks the
requirement regarding depth. He reported that he has already met with the Department of Public
Works to review the procedures used to prevent gaps, cracks and collapse.
IR In response to Commissioner Conway, Commissioner Kirkmeyer stated the Improvements
and Road Maintenance Agreement provides protection of the road; however, she requested
clarification regarding the warranty for the County Road 49 construction and how to ensure it is
not affected by the boring or any consequences from the pipeline installation. In response,
Mr. Smetana agreed that they would be responsible for any repairs related to the installation of
the pipeline; however, he requested a timeline for responsibility. He also asserted as the Project
Manager for Noble, they just bored under Highway 76 and had no issues.
Commissioner Kirkmeyer reviewed the changes provided by Ms. Balzano related to Public
Works, referred to as Exhibit D, and amended the Resolution accordingly. Condition of Approval
(COA) #1.C.10 will be amended to read, "Show and label the section line Right -of -Way as "CR
36 Section Line Right -of -Way, not County maintained." County Road 36 Section Line is shown to
have 60 feet of unmaintained section line right-of-way per the Weld County GIS right-of-way map.
The applicant shall delineate the existing right-of-way on the site plan. All setbacks shall be
measured from the edge of the right-of-way." She continued and added a new COA #1.C.11 to
read, "Show and label the approved access locations on the site plan, if applicable. The applicant
must obtain an access permit in the approved location(s) prior to construction." Commissioner
Kirkmeyer continued and amended COA #1.C.6 to read, "County Road 40 section line is shown
to have 60 feet of unmaintained section line right-of-way per the Weld County GIS right-of-way
map. The applicant shall note the existing right-of-way on the USR map. All setbacks shall be
measured from the edge of the right-of-way. Show and label the section line right-of-way as "CR
40 Section Line Right -of -Way, not County maintained:" She continued and added a new COA
#1.C.12, to read, "The maps shall be delineated to show detail at any areas where the pipeline is
within existing or future right of way. If the pipeline is not within existing or future right of way, this
shall be notated within the Development Standards." Commissioner Kirkmeyer continued with a
modification to COA #5.A, to read, "If more than one (1) acre is to be disturbed for construction of
non -pipeline items, a Weld County Grading Permit will be required." And a new COA #5.B, to
read, "The applicant shall submit evidence of a right-of-way permit for any work that may be
required in the right-of-way and/or a special transport permit for any oversized or overweight
vehicles that may access the site."
IR Commissioner Kirkmeyer stated she had additional changes to recommend to some of the
Conditions of Approval and began by requesting language be added to both the Improvements
and Road Maintenance Agreement and the Development Standards to reflect the applicant's
commitment regarding depth of cover related to boring for the pipeline crossings as stated: 10
feet of cover for local roadways, 15 feet of cover for collector roads, and 20 feet of cover for arterial
roads. She further suggested language be added regarding the applicant's responsibility for any
damage to the road crossings due to the pipeline installation. She further requested amending
COA #1.C.9, to read, "County Road 49 is designated on the Weld County Functional Classification
Map as an arterial road which typically requires 140 feet of right-of-way. The alignment of the road
widening project varies along the section line for the corridor. Contact Public Works for the location
of the existing and future right of -way and easements and note these on the USR map."
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• Commissioner Kirkmeyer provided amendments to several Development Standards and
began by suggesting "property owner or" be deleted from Development Standard (DS) #3, and
add the words "during construction" to DS #s 6 and 17.
• After further discussion with the Board, Mr. Choate, staff and the applicant, the Board
agreed to add the following to the end of COA #1.B, "The agreement shall ensure the pipeline
operator bears the risks of defects related to the pipeline on County Road 49."
el She addressed the recommended additions as provided by Ms. Balzano, Exhibit D, and
created new Development Standards, as follows. A new DS #8, to read, "Any work that may
occupy and/or 3ncroach upon any County rights -of -way or easement shall acquire any approved
Right -of -Way Use Permit prior to commencement."A new DS #9, to read, "Any pipeline crossing
an arterial road shall be bored with a minimum of twenty (20) feet below arterial roads, fifteen (15)
feet below collector roads, and ten (10) feet below local roads. This depth shall be measured
below the lowest roadside ditch flowline elevation." A new DS #10, to read, "Weld County is not
responsible for the maintenance of on -site drainage related features. "And a new DS #11, to read,
"Any damage incurred to the right-of-way related to the pipeline will be the responsibility of the
operator."Mr. Choate added the State Statute to COA #1.C.9, and recommended it read in totality,
"County Road 49 is designated as a County Highway, pursuant to Section 43-2-110(1.5), C.R.S.,
and on the Weld County Functional Classification Map as an arterial road which typically requires
140 feet of right-of-way. The alignment of the road widening project varies along the section line
for the corridor. Contact Public Works for the location of the existing and future right of -way and
easements and note these on the USR map." The Board agreed with all the recommended
changes and additions.
In response to Chair Moreno, Ms. Nora on behalf of the applicant indicated they have
reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as
amended.
• Commissioner Kirkmeyer moved to approve the request of Green River DevCo, LP, for a
Site Specific Development Plan and Use by Special Review Permit, USR17-0077, for a greater
than 12 -inch high pressure natural gas pipeline approximately four (4) miles long 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 11:01 a.m.
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This Certification was approved on the 26th day of March, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Cj,, ,V ...do•ck,
Steve Moreno, Chair
Weld County Clerk to the Board
BY:
Deputy Clerk to the
APPRO
ounty Attorney
Date of signature: 04 —02 —l$/
Barbara Kirkmeyer, ro-Tem
Sean P. Conway
EXCUSED
Julie A. Cozad
Mike Freeman
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