HomeMy WebLinkAbout20181325.tiffHEARING CERTIFICATION
DOCKET NO. 2018-40
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0007, FOR A GREATER THAN 12 -INCH HIGH PRESSURE NATURAL GAS
PIPELINE (20 -INCH NATURAL GAS PIPELINE) APPROXIMATELY 14 MILES LONG IN
THE A (AGRICULTURAL) ZONE DISTRICT - DISCOVERY DJ SERVICES, LLC
A public hearing was conducted on May 2, 2018, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair - EXCUSED
Commissioner Barbara Kirkmeyer, Pro -Tern
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
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, Ben Frissell
The following business was transacted:
I hereby certify that pursuant to a notice dated March 26, 2018, and duly published March 29,
2018, in the Greeley Tribune, a public hearing was conducted to consider the request of Discovery
DJ Service, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR18-0007, for a greater than 12 -inch high pressure natural gas pipeline (20 -inch natural gas
pipeline) approximately 14 miles long in the A (Agricultural) Zone District. Bob Choate, Assistant
County Attorney, made this a matter of record.
Chair Pro-Tem Kirkmeyer 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
Moreno excused.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal,
described surrounding land uses, and stated the applicant is committed to working with
surrounding property owners (SPOs). He stated the site is located in the three (3) mile referral
area of the Towns of Hudson and Keenesburg and he reviewed the referral responses from those
jurisdictions. He stated the pipeline route is located to minimize impacts to irrigation equipment
and the environment. Mr. Ogle explained the pipeline will cross the Box Elder Floodplain and the
applicant will need to obtain a Flood Hazard Development Permit and he reported the applicant
had an Environmental Report prepared by SWCA Environmental Consultants to identify any
potential issues with the environment and also submitted a referral to the Colorado Department
of Parks and Wildlife and there were no issues or conflicts. He stated pipeline transportation is
safer, reviewed pipeline emergency protocol, maintenance, and marker intervals, and stated the
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requirement for an Emergency Action and Safety Plan submittal. Mr. Ogle explained the pipeline
must also meet the requirements of the Department of Transportation (DOT). He reported the
applicant conducted a neighborhood meeting in January offered to neighbors within 500 feet of
the route. Mr. Ogle stated referrals were sent to 29 agencies and three agencies offered
comments that have been incorporated into the staff recommendations. He reported no
correspondence from SPOs and he displayed the site map with the pipeline route and entered
the favorable recommendation of the Planning Commission into the record as written.
.- -- Evan Pinkham, Department of Public Works representative, stated he had no additional
comments.
Hayley Balzano, Public Works Engineer representative, listed the County roads the pipeline
will cross and reviewed the crossing requirements and boring depths. She reviewed the access
locations and explained the requirements for related permits, and for tracking control and a Road
Maintenance Agreement during construction. In response to Chair Pro -Tern Kirkmeyer,
Ms. Balzano agreed with the deletion of Development Standard (DS) #13 as it is a duplicate of
DS #16.
Ben Frissell, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating the use of portable toilets and bottled water are acceptable during construction
and an Air Permit may be required if more than 25 acres are disturbed. He stated that
Development Standards (DS) #17-22 address Environmental Health items. Chair Pro -Tern
Kirkmeyer requested DS #18-20 be reviewed for consistency.
e Matthew Norton represented the applicant and he displayed a PowerPoint Presentation and
began by reviewing the company overview to include the location of offices in Brighton and
Longmont. He highlighted the focus on local hiring, and the combined decades of experience and
strong track record this team has provided for two years in Colorado with a safety culture. He
reported no notices or violations and a recent audit was performed by the DOT with no issues.
He provided the details regarding the proposed natural gas pipeline, including design and
construction, DOT standards, the commitment to exceed the depth requirements for coverage,
weld standards, protective coatings to prevent corrosion, and ongoing monitoring. Mr. Norton
reviewed the safety features, call registry, culture of safety and prevention, and stated they meet
or exceed industry standards and regulations. He reviewed environmental stewardship practices
and community partnership and stated Discovery provides energy to over four million households,
provides good paying jobs, and strives to be a good neighbor.
le Pam Kretzer, surrounding property owner (SPO), stated Discovery is not very friendly at all
as they have already brought one pipeline through their property and at that time had stated there
would only be one pipeline. She reported Discovery took out several trees while constructing the
first pipeline and left them in a heap along with the cement remnants and debris of a residence
they tore down. She stated when she brought it to their attention they responded saying they
never committed to remove these items. She stated her objection to another pipeline; however,
she is not certain what the lease states. In response to Commissioner Conway, Ms. Kretzer stated
Discovery finally sent somebody out to remove the debris and cement from the house demolition
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after they came to complain to the County Commissioners at a Board meeting and after her
husband took a day off work to burn the trees.
thj Myles Nichols, SPO, stated he owns the section of land with this pipeline on it and Discovery
has not treated them right in any way. He explained he questioned how many pipelines and they
said just one and now he is upset to find out about another one as he was told that he signed the
agreement and they can put in as many as they want. Mr. Nichols asserted he does not think this
is right and he provided the history of this property being in his family since 1935, and Discovery
has not treated him or the other neighbors nicely.
in Mr. Norton addressed public comments and stated the Right -of -Way Agreements are
standard and allow for multiple pipelines; however, typically if there is a request to change the
language in that agreement, they will make the change, but if not then the language stands. He
stated he will speak to the writers of the agreements and those in the field performing negotiations
to see if this needs clarification in the agreement and in discussions. Mr. Norton stated he was at
the Brighton meeting and responded to the complaints regarding the trees and basement blocks
being removed and he thought the situation was taken care of as requested. He committed to
take the negative feedback to his team and follow up with the landowners to make things right.
Ea In response to Commissioner Cozad, Mr. Norton stated they are in final negotiations with
the Farmers Reservoir and Irrigation Company (FRICO) and the easements along the ditch have
been obtained. After further discussion regarding the length of the pipeline, the Board agreed to
change it to approximately 16 miles throughout the Resolution.
El In response to Commissioner Conway, Mr. Norton clarified based on his experience there
are only two pipelines to be constructed in this easement, a gas line and an oil line. In response
to Chair Pro -Tern Kirkmeyer, Mr. Norton approximated the easement to be 30 to 50 feet in width.
She further explained to the neighbors that it is the responsibility of the landowner to review the
lease and if they already sold the right-of-way, then Discovery does not have to pay for further
use of the right-of-way; however, they do have to pay for surface damages. She asserted she is
disappointed that this occurred and that it is imperative that they treat people in a good and
neighborly fashion. Chair Pro -Tern Kirkmeyer stated it only takes one issue to ruin trust. She
clarified the Board does not mediate third party contracts, but she stated the Board does not
appreciate County citizens being treated poorly.
= Chair Pro -Tern Kirkmeyer suggested DS #5 be amended to read, "During construction of
the pipeline, the operator will mitigate any impacts to the public road, including damages and/or
off -site tracking." She reminded the Board of the deletion of DS #13, and she followed up with
Mr. Frissell regarding clarification to DS #17-20. Mr. Frissell suggested the Board eliminate DS
#18 and amend DS #19 to read, "Waste materials generated during construction shall be handled,
stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions,
blowing debris, and other potential nuisance conditions. Any permanent disposal of waste shall
not be permitted. The facility shall operate in accordance with Chapter 14, Article I, of the Weld
County Code." He further explained the necessity to keep DS #20 regarding dust and that staff
takes dust complaints seriously. Chair Pro -Tern Kirkmeyer recommended a new DS regarding
the removal of debris, trees and structures as a result of pipeline construction. Commissioner
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Cozad suggested amending DS #16 to read, "Any damage incurred to the public road right-of-
way related to the pipeline will be the responsibility of the operator. Any debris created as a result
of the pipeline construction shall be removed by the operator." The Board agreed to all the
aforementioned changes.
In response to Chair Pro -Tern Kirkmeyer, Mr. Norton requested clarification regarding who
is responsible for controlling the weeds on DS #4. Chair Pro -Tern Kirkmeyer stated it depends on
the lease; however, she stated she reads it as whoever makes the mess cleans up the mess. She
further clarified DS #20 to require dust along the construction route needs to be controlled until
the reseeding is rooted. Mr. Norton requested clarification regarding the addition to DS #16 in the
event the landowner wants to keep the discarded trees to mulch and Chair Pro -Tern Kirkmeyer
explained the importance of being in agreement with the landowner whether it involves removal
of all debris or piling up trees as a courtesy. Mr. Norton stated he understands and agrees.
In response to Chair Pro-Tem Kirkmeyer, Mr. Norton indicated he has reviewed, and agrees
to abide by, the Conditions of Approval and Development Standards, as amended.
m__= Commissioner Freeman moved to approve the request of Discovery DJ Services, LLC, for
a Site Specific Development Plan and Use by Special Review Permit, USR18-0007, for a greater
than 12 -inch high pressure natural gas pipeline (20 -inch natural gas pipeline) approximately
16 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 Cozad,
and it carried unanimously. There being no further discussion, the hearing was completed at
11:49 a.m.
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This Certification was approved on the 7th day of May, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dithov G aClto;tA
Weld County Clerk to the Board
BY: ': riU
(�eB �1' Deputy Clerk to the Boar
APP: ! ED
Barbara Kirkmey6r, Pro-Tem
n F. Conway
A E`O A'P'OV L
Julie A.rCozad
ounty Attorney EXCUSED D�TE OF APPROVAL
Date of signature: D!o-l1-18
Mike Freeman
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