HomeMy WebLinkAbout20182391.tiffHEARING CERTIFICATION
DOCKET NO. 2018-83
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0043, FOR A GREATER THAN 12 -INCH HIGH PRESSURE NATURAL GAS
PIPELINE (20 -INCH NATURAL GAS PIPELINE APPROXIMATELY 43.3 MILES IN
LENGTH) IN THE A (AGRICULTURAL) ZONE DISTRICT - ONEOK, INC.
A public hearing was conducted on August 1, 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 - EXCUSED
Commissioner Mike Freeman
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Chris Gathman
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 June 22, 2018, and duly published June 27,
2018, in the Greeley Tribune, a public hearing was conducted to consider the request of ONEOK,
Inc., for a Site Specific Development Plan and Use by Special Review Permit, USR18-0043, for
greater than 12 -inch High Pressure Natural Gas Pipeline (20 -inch natural gas pipeline
approximately 43.3 miles in length) in the A (Agricultural) Zone District. Bob Choate, Assistant
County Attorney, made this a matter of record.
la 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.
Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal and stated the proposed pipeline is associated with a ONEOK pipeline originating in
Montana and terminating in Kansas and will transport 240,000 barrels per day of natural gas
liquids. He clarified the pipeline will not cross any mapped floodplains; however, there are 42
utility crossings. He reported the applicant held a public meeting on March 13, 2018, in which
there were 24 attendees. He stated there are agreements between 86 of the 96 tract crossings
and there are two (2) remaining property owners in negotiation. Mr. Gathman described the
preferred route in order to minimize the length and negative impact. He indicated the applicant
committed to coordinating with landowners during construction and restoring and revegetating the
affected land. He referenced a referral from the Colorado Parks and Wildlife outlining the
conditions, timing, and impact on area wildlife and associated den times. He stated much of the
construction will be done in the third quarter of 2018 and the first quarter of 2019, which would
eQ PL(mvnJeA),MEP) ,C—I+(Ll),
er (T5)
Gill tohis
2018-2391
PL2573
HEARING CERTIFICATION - ONEOK, Inc. (USR18-0043)
PAGE 2
not interfere with most of the wildlife. Mr. Gathman explained the referral comments also
requested consultation regarding best methods and timing prior to crossing the Pawnee Creeks
which contain certain species of fish. He also mentioned CPAW is concerned with the public using
construction roads for illegal hunting and requested a Condition of Approval (COA) regarding legal
hunting allowances and requirements prior to commencement of construction. Mr. Gathman
reviewed the referral response from the Department of Transportation (DOT) in conjunction with
the related Condition; and lastly, he stated staff is recommending an additional COA regarding
procurement of all easement agreements prior to recording the plat. He entered the favorable
recommendation of the Planning Commission into the record as written. In response to
Commissioner Conway, he reiterated the only concern for the wildlife restraints will be the
Burrowing Owl. Commissioner Freeman suggested the need for a COA for the applicant to
attempt to address the concerns of the CPAW.
Evan Pinkham, Public Works Engineer representative, provided a brief overview of the
transportation plans and requirements, and listed the impacted County road crossings, reviewed
the boring depths, and stated an Improvements Agreement is required. Mr. Pinkham indicated
the applicant is exempt from drainage requirements and mentioned grading for non -pipeline items
will require a Weld County Grading Permit.
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 and typical dust
and waste items have been included. She indicated an Air Permit will be required if the applicant
disturbs more than 25 acres. Ms. Light stated Development Standards (DS) #9-12 are
Environmental Health items.
Michael Gillaspie, represented the applicant, and provided an overview of the company to
include approximately 38,000 miles of pipeline in 18 states, 26 million barrels of natural gas liquid
storage capacity, approximately 12 processing plants, six (6) purification facilities, and multiple
terminals for natural gas liquids. He described the proposed pipeline as a 900 -mile pipe from
eastern Montana down through Wyoming, Colorado and Kansas, that will carry raw natural gas
liquids to be purified and processed into natural gas products for market. In response to Chair
Moreno, Mr. Gillaspie clarified 133 miles of the pipeline will be in Colorado. In response to
Commissioner Conway, Mr. Gillaspie addressed construction concerns regarding wildlife and
reiterated the timeline will avoid all species, other than the Burrowing Owl, which will be addressed
by Dave Potter.
2 No public testimony was offered concerning this matter.
2 Dave Potter, consultant for ONEOK, stated they have a mapped habitat and a Migratory
Bird Treaty Act plan that addresses all potential migrating birds, including the Burrowing Owl. He
explained if construction encounters the Burrowing Owl, they will establish a setback and monitor
until the owl is able to fledge. Mr. Potter declared this is a standard mitigation practice for
Burrowing Owls.
2018-2391
PL2573
HEARING CERTIFICATION - ONEOK, Inc. (USR18-0043)
PAGE 3
.R In response to Commissioner Conway, Mr. Gillaspie clarified they have come to agreements
with 86 of the 90 tracts; however, the remaining four (4) tracts have only two (2) property owners.
He stated they are in a preliminary agreement with the outstanding owners and hope to come to
the final agreement within the next week or so.
Bill McGuire, 4D Acquisition and Consulting, LLC, in response to Commissioner Kirkmeyer
pointed out the landowners on the map that remain to sign an easement agreement.
El In response to Chair Moreno, Mr. Gillaspie requested to begin construction on easements
that have been recorded. He explained the sooner construction is begun, the quicker to begin
mediation and restore land per the landowners request.
a Commissioner Kirkmeyer suggested a new Condition of Approval (COA) #6.C, regarding
procurement of easements and requested staff provide language. She recommended deleting
"unmaintained' from DS #18 and suggested adding "County' in front of "right-of-way' to DS #21.
Mr. Gathman provided language for COA #6.C, to read: "A copy of the signed and recorded
(construction and post construction) lease agreements (or other acceptable authorization from
property owner) for pipeline right-of-way (easements) shall be submitted to the Department of
Planning Services. A copy of the signed and recorded (construction and post construction) lease
agreements (or other acceptable authorization from property owner) for pipeline right-of-way
(easements) shall be submitted to the Department of Planning Services." Commissioner
Kirkmeyer reminded the Board of Commissioner Freeman's recommendation to add a new COA
#1.C to address the Colorado Parks and Wildlife. The Board agreed with the aforementioned
amendments.
12/ In response to Chair Moreno, Mr. Gillaspie, indicated they have reviewed, and agree to
abide by, the Conditions of Approval and Development Standards, as amended.
Commissioner Kirkmeyer stated with a 43.3 -mile pipeline and no complaints in multiple
districts, which is not common, the applicant is either doing something right or paying a good
price.
Commissioner Kirkmeyer moved to approve the request of ONEOK, Inc. for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0043, for a greater than 12 -inch
High Pressure Natural Gas Pipeline (20 -inch natural gas pipeline approximately 43.3 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, who
echoed the comments of Commissioner Kirkmeyer, stating actions speak louder than words. He
continued reiterating no complaints or negative public input were given regarding the application
which is not consistent with other companies and commended the applicant for a job well done
and for bringing experts to answer questions. There being no further discussion, the motion
carried unanimously, and the hearing was completed at 11:08 a.m.
2018-2391
PL2573
HEARING CERTIFICATION-ONEOK, Inc. (USR18-0043)
PAGE 4
This Certification was approved on the 6th day of August, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD CQUNTY, COLORADO
ATTEST:da Jdo;ok.
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPR
ounty Attorney
Date of signature: g/ l3/ t 8'
Steve Moreno, Chair
rbara Kirkmeyer, P o-Tem
�P f
Sean P. Conway
EXCUSED
Julie A. Cozad
Mike Freeman
2018-2391
PL2573
ATTENDANCE LIST
DATE: OP) I DI
NAME - PLEASE PRINT LEGIBLY
EMAIL
ADDRESS
COUNTY OF RESIDENCE
SPEAKING?
(YIN)
PIA A WC4/t/
lode /titapage 'e4
0 / 71 pJ 6 * 0r
i/! ///
l
J 0-€ got 44.e)
c4etv
Adl
0, 1 1
1 7 Li > 16 TA ? iL
id17
`/
14 d;
idclSN
15Yv oA
1421 JOO aerbS •cam
q o @1h
Qv (3Yre[14
Winii
Y
1E- Mall
0 p A 100
N
3400im
W a
rot colt.\
30,E C47',.41` 14
(diretiofy
\Ilk
i d
Ni
D Jo
"i enr-
el
30L'
I" e -Ci
' all
tb/ ot • Cr _
RS 3 b'3
S ji T 7si
C- e• A IN
:St.
,1---)
Pc--Q-Ar
y
&Lye
. extiere
y
e 2 m . to n
ti t Fast 1-4_,' ,r
t-\ot -t C -t 1"
ra
v arm
-
�� ,
I �1 C, G1/4,
� l ' ` t
ia,
.' .1 -At 11� t a4 tit-ok 11ciiv1 C,
f 1
f
Y . �.rh c-OLb
eve
;, ICG
e? ckh
61) o`
(7 � t
14g (Cc
IN
O
Gi'tlmspe
s(� � c�►/1�1
t�
,
Hello