HomeMy WebLinkAbout20182918.tiffHEARING CERTIFICATION
DOCKET NO. 2018-101
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0056, FOR A GREATER THAN 12 -INCH HIGH PRESSURE NATURAL GAS
PIPELINE (20 -INCH HIGH PRESSURE NATURAL GAS PIPELINE) 7.47 MILES IN THE
A (AGRICULTURAL) ZONE DISTRICT — DCP OPERATING COMPANY, LP
A public hearing was conducted on September 26, 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
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, Ben Frissell
The following business was transacted:
I hereby certify that pursuant to a notice dated August 13, 2018, and duly published
August 16, 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, USR18-0056, fora greater than 12 -inch high pressure natural gas pipeline (20 -inch high
pressure natural gas pipeline) 7.47 miles in the A (Agricultural) Zone District. Frank Haug,
Assistant County Attorney, made this a matter of record.
le Chris Gathman, Department of Planning Services, presented a brief summary of the proposal
and stated the proposed 20 -inch pipeline is approximately 7.47 miles in length. He indicated the
pipeline will connect the O'Conner Gas Plant to the Libsak Booster Station. Mr. Gathman stated
there is a river crossing involved, and the applicant is proposing to segregate top soil, preserve
the soil during grading operations, and return the surface layer once the pipeline is installed while
avoiding the impact of irrigation equipment. He stated 27 referrals were sent out, and responses
were returned from the Farmers Reservoir and Irrigation Company (FRICO), Iron Lateral Ditch
Company, and the Laura Lathum Ditch Company. Mr. Gathman indicated the proposed pipeline
is located within the three (3) mile referral area of the City of Greeley and the Town of Kersey. He
mentioned the pipeline also crosses into the Greeley/Kersey Intergovernmental Agreement (IGA)
Boundary. He stated the City of Greeley expressed no concerns, and there has been no response
from the Town of Kersey. Mr. Gathman explained the application entails additional mitigation in
regard to water bodies, and if necessary will be crossed by boring underneath or by an open cut
crossing method. He stated Best Management Practices (BMPs) will be utilized to protect the
water bodies from erosion and/or sediment run-off. He indicated any crops damaged due to
pipeline construction will be replaced by DCP, and disturbed areas will be stabilized by reseeding
Vk-sAtd C .111 90 (EPi EI-OF)
IQ
2018-2918
PL2587
HEARING CERTIFICATION - DCP OPERATING COMPANY, LP (USR18-0056)
PAGE 2
and installing erosion control following the final grading. Mr. Gathman 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 crosses numerous County roads,
and U.S. Highway 34 and the applicant will be required to obtain a Right -of -Way Permit.
Mr. Pinkham stated if more than an acre is disturbed for the construction of non -pipeline items, a
Grading Permit will be required, and he indicated a Road Maintenance Agreement is required. In
response to Commissioner Cozad, Mr. Pinkham stated a Scour Study is not required by the
Department of Public Works; however, a Flood Hazard Development Permit is required.
104
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
Development Standards (DS) #3-9 address Environmental Health items.
. _ Patrick Groom, Attorney, represented the applicant and stated the pipeline is a proposed
discharge line that will run from the Libsak Compressor Station to the expanded O'Conner Gas
Plant. He indicated the pipeline is 20 -inches in diameter and he described the operating
pressures. Mr. Groom stated the pipeline is 7.47 miles in length and crosses numerous
agricultural fields and other improvements, including ditches. He asserted DCP has attempted to
locate the pipeline route in a manner that would least impact cultivated fields; however, due to
certain obstacles and landowner preferences, the pipeline does cross irrigated fields. Mr. Groom
stated DCP has reached out to all of the ditch companies and representatives of private laterals
who have notified DCP of their interests and objections. He described the common challenge of
any pipeline company is to identify the owners of private laterals and negotiate Crossing
Agreements. Mr. Groom presented the proposed monetary demand from the ditch owners and
stated he does not feel that there is a legal basis to demand the amount they have.
i Dennis Hoshiko, private lateral owner, expressed frustration with the pipeline route through
his property and stated he should be able to demand monetary value when a company profits
from crossing his property. He explained the hours spent communicating with staff and traveling
to meetings, and stated he should be fairly compensated. Mr. Hoshiko provided reasons for
requesting compensation as it is a one-time fee for permanent impact to the property. He
explained the consideration is high because there are two (2) pipelines; however, only one is
included in the proposed Use by Special Review (USR). In response to Mr. Hoshiko, Mr. Gathman
clarified the second pipeline is a less than 12 -inch, low pressure pipeline and, therefore, does not
require a USR. In response to Commissioner Kirkmeyer regarding the owners of prescriptive
ditches having a right to use the ditch without the right to request an easement agreement,
Mr. Hoshiko stated that was an opinion of Mr. Groom. In response to Commissioner Kirkmeyer
asking about the difficulty of deciphering the ditch owners, Mr. Hoshiko explained the process
through Colorado Statute to identify owners and document the percentage of ownership; however,
because he understands it could be difficult to identify owners because not all owners take the
time to fill out this documentation.
2018-2918
PL2587
HEARING CERTIFICATION - DCP OPERATING COMPANY, LP (USR18-0056)
PAGE 3
',w = In response to Commissioner Kirkmeyer regarding depth, Mr. Hoshiko stated the depth of
the pipeline depends on the size, water conveyed through the ditches, and the terrain around the
pipeline. He also explained that although there has been communication with DCP, they have not
reached an agreement. Mr. Hoshiko stated he was contacted just a few weeks prior to the hearing,
and he is left anxious. Mr. Hoshiko mentioned he has had a great relationship with DCP until
recently. Commissioner Freeman notified Mr. Hoshiko that the monetary negotiation is not within
the purview of the Board, as it is a third party issue between private landowners. Mr. Hoshiko
stated his primary concern is permits being issued and applicants starting construction prior to
the completion of easement agreements. Commissioner Freeman reiterated that it is a civil issue.
In response to Commissioner Cozad, Mr. Hoshiko stated he has only known of the USR
process for approximately two (2) years and does not recall if previous agreements were with
pipelines that had USRs. He claimed there is now a trend with pipeline companies, which makes
it more difficult to come to an agreement. He also reiterated concerns with construction beginning
prior to an agreement, once the applicant obtains the necessary permits.
In response to Commissioner Conway, Mr. Hoshiko stated the good relationship with DCP
stopped approximately four (4) years ago in 2014. Commissioner Kirkmeyer provided a historic
timeline explaining when private property owners began understanding their rights.
Mr. Hoshiko stressed his frustration with only one (1) of the pipelines having to obtain a USR
and explained they both are made from the same material, require boring and an easement,
regardless of it being high or low pressure.
El Mr. Groom responded to public input and clarified when DCP began the pre -application
process with Planning staff, they disclosed there would be two (2) pipelines and staff indicated
there would only be one (1) USR required due to the timing of the application and the new LAP
(Location Assessment for Pipeline). Mr. Groom described the difference between the fee interest
of the Lower Latham Ditch Company and the prescriptive easement that Mr. Hoshiko has, which
does not control what happens below the ditch. Mr. Groom stated it is important to protect ditch
owner interests, and there is proper communication in place between the ditch owners and the
pipeline companies. He described what the agreement should state and asserted that Mr. Hoshiko
has known of the application for three (3) months. Mr. Groom stated the applicant is confident
they will be able to come to an agreement. Mr. Groom addressed the issue in which Mr. Hoshiko
was not notified, and explained the landowner gave DCP the right to cross underneath that lateral.
He stated this is a prime example of how the ownership of private prescriptive ditches can be
unclear and the challenge of not knowing the interest divisions of lateral owners, which may not
be disclosed through public record and is dependent on the owners documenting that information.
He indicated they are willing to enter into an agreement, moving forward.
1 In response to Chair Moreno, Mr. Groom requested the same changes be implemented by
the Board, as approved in the prior case USR18-0055. Commissioner Freeman clarified that
would include relocating Condition of Approval (COA) #1.E to "Prior to Construction", and Chair
Moreno added language change to Development Standard (DS) #16 regarding the boring depths.
2018-2918
PL2587
HEARING CERTIFICATION - DCP OPERATING COMPANY, LP (USR18-0056)
PAGE 4
Commissioner Cozad reiterated her previous concern for a Scour Study. Mr. Groom stated
DCP crosses under bodies of water with a federal permit, therefore, a Scour Study is not required
due to the compliance with the federal permit.
Fi Commissioner Kirkmeyer requested clarification on COA #1.F, regarding crossing
agreements for those that have the recorded easements in place and if it is included in this COA.
Mr. Groom indicated that crossing agreements are not legally required, unless the ditch owner
has a fee interest in the land, in which it would become an easement agreement. Commissioner
Kirkmeyer again asked if COA #1.F covers easement and lease agreements, to which, Mr. Groom
indicated there are no Lease Agreements, and the language should be changed in this condition
to stipulate "easement agreements." The Board agreed to implement this change to the current
resolution and to correct the language in Resolutions for USR18-0055 and USR18-0057, as they
pertain to the same Use and the same applicant. (Please see Clerk's Notes referencing this
amendment in Hearing Certification Docket No. 2018-100 and Hearing Certification Docket No.
2018-102.)
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.
Commissioner Freeman moved to approve the request of DCP Operating Company, LP, for
a Site Specific Development Plan and Use by Special Review Permit, USR18-0056, for a greater
than 12 -inch high pressure natural gas pipeline (20 -inch high pressure natural gas pipeline) 7.47
miles 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 Chair Moreno.
Commissioner Cozad stated she appreciated the interactions and discussion between DCP and
the ditch owners. She stated that although they cannot participate in these negotiations and
agreements, it is the Board's job to ensure the criteria is met. She supported the motion and
expressed confidence that there will be an agreement reached. Chair Moreno agreed with the
comments stated by Commissioner Cozad and expressed his support. Commissioner Conway
stated his support and indicated there is an issue with the relationships between the pipeline
industry and the property owners. Commissioner Kirkmeyer supported the application; however,
she expressed her agreement with many of Mr. Hoshiko's frustrations regarding the pipeline
industry. She stated agriculture and private property rights are not being protected when the
irrigation systems are not being protected. Commissioner Kirkmeyer agreed with the comments
made by her follow Board members, and indicated there needs to be a change. There being no
further discussion, and the motion carried unanimously and the hearing was completed at 11:40
a.m.
2018-2918
PL2587
HEARING CERTIFICATION - DCP OPERATING COMPANY, LP (USR18-0056)
PAGE 5
This Certification was approved on the 1st day of October, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD4OUNTY, COLORADO
ATTEST: datitado V `; ii
Weld County Clerk to the Board
BY: (2.
Deputy Clerk to the Board
APP' • VP D AS
ounty A orney
Date of signature: lOf (O I l
Steve Moreno, Chair
EXCUSED DATE OF APPROVAL
Barbara Kirkmeyer, Pro -Tern
Mike Freeman
2018-2918
PL2587
ATTENDANCE LIST
NAME - PLEASE PRINLEGIBLY
ADDRESS (CITY, STATE ZIP)
EMAIL
COUNTY OF
RESIDENCE
SPEAKING
(Y/N)?
/--KO K g ATtMAt,3
11�� LA\ oA v4.- ) Fc)Ce to -2,7;
•Z a>a ep..
LA,0_„ ,t
Ni
(-lc:::
5192 6,,,b D.octa. Cr. -'0 Co
-a-cA my a—CFC1 -- cam
.
5- lervi s -ei5ok
310 (1 S fictov-e-, 01 102A
5h€,1500,e clop m idst-re:n4 , c ,, vi
pm 1'ey
.b
zl i,1,,5i,, 1,•a--> e C l�, �3
' I�.�b �-D64J'ZS �`fi e 0,..,.:I.,..._
Ti.
f4
-, aP ti -A-- Ameig r -
I "IR- 4'i 4,z-VjA11 `23
,a4,, r5 2 i je.c 5 :-c
J r
0
No" PA "v.
370 1741 s1, P„tHv-,Co sozo2
,/a
c.,,,,H (2_ci cpm;A 5-i+'E.cso.: cam.•.
DeKvCr-
DZvi)eliS
[ `6' I l 3q4 Avc - m<21e-7 k,3
A k 0 51, -ii4ze ya. Ii o o- -,P1
kr J e-( A
51A 1
`7a- 6 rY— (11-19.1,-m
Hello