HomeMy WebLinkAbout20184081.tiff HEARING CERTIFICATION
DOCKET NO. 2018-130
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0077, FOR A GREATER THAN 12-INCH HIGH PRESSURE NATURAL GAS
PIPELINE (36-INCH NATURAL GAS PIPELINE) APPROXIMATELY 70 MILES IN
LENGTH IN THE A (AGRICULTURAL) ZONE DISTRICT — CHEYENNE
CONNECTOR, LLC
A public hearing was conducted on December 12, 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, Kim Ogle
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 October 12, 2018, and duly published
October 17, 2018, in the Greeley Tribune, a public hearing was conducted to consider the request
of Cheyenne Connector, LLC, for a Site Specific Development Plan and Use by Special Review
Permit, USR18-0077, for a greater than 12-inch High Pressure Natural Gas Pipeline (36-inch
natural gas pipeline) approximately 70 miles in length in the A (Agricultural) Zone District. Frank
Haug, Assistant County Attorney, made this a matter of record.
el Commissioner Kirkmeyer explained the Board has criteria that must be followed in
accordance with State Statute and stated it is the applicant's burden of proof to show they meet
the criteria. She expressed concern regarding only 30% of easements obtained, and one (1) of
30 ditch crossings in place as of November 6, 2018, which was the Planning Commission date.
She asked the applicant how many of the easements and ditch agreements are in place to date
and stated it would be difficult for her to come up with any findings because there is an uncertainty
of the location of the pipeline. She mentioned a pipeline previously heard by the Board, where
moving the pipeline a quarter of a mile to the south had additional requirements, causing a
continuance. Commissioner Kirkmeyer stated there will be a new commissioner as of January 2,
2019, and if the hearing proceeded and the Board decided to continue it, there would be only four
(4) commissioners able to participate. She explained it takes an affirmative vote of three (3)
commissioners to pass a motion. She reiterated her question to the applicant and stated if there
is no substantial change, she would like to continue the matter until the easements are in place.
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CI Commissioner Cozad agreed and stated from a due process standpoint for the applicant, if
the hearing proceeded and then it was continued, there would only be four (4) commissioners
that could hear the case, with the Commissioner elect unable to hear the case.
• Commissioner Freeman agreed with the comments made by his fellow Commissioners and
stated the biggest concern is that the Board is approving a pipeline route, and without easements
in place the pipeline route and location is unknown. He indicated he needs to know what
easements and ditch agreements are currently in place.
• Commissioner Conway concurred with the comments previously made, specifically the
comments made by Commissioner Cozad regarding Due Process. Chair Moreno also concurred
with the comments made by his fellow Commissioners.
CI Shawn Bates, applicant, stated the easement acquisition is not substantially different as it
was at the Planning Commission. He indicated they had obtained 35% of the easements,
compared to the 30% obtained at the Planning Commission. He explained they had applied for
22 of the 30 ditch crossing agreements, and stated the remaining eight (8) cannot be obtained
until the USR is approved. In response to Chair Moreno regarding the concerns of the Board,
Mr. Bates stated the Cheyenne Connector is a Federal Energy Regulatory Commission (FERC)
pipeline, which does not require that all easements be in place prior to completing the review. He
stated they have put together the best route for the project, and explained FERC is currently
reviewing the route.
• In response to Commissioner Conway regarding the challenges of obtaining the easements,
Mr. Bates explained compensation is the driving factor as to why the easements have not been
obtained. Commissioner Conway mentioned a pipeline the Board reviewed that was 25 miles in
length, with 100% of the easements obtained and expressed there are pipelines working to be
good neighbors that are able to obtain their easements. He recommended the applicant relook at
their process to better obtain their easements. Mr. Bates rebutted the proposed pipeline is 70
miles in length and explained there are some groups not negotiating their easements in good
faith. Commissioner Kirkmeyer reiterated her question, asking the applicant if they are in support
of a continuance.
• Chair Moreno recessed the hearing at 2:20.
• Chair Moreno reconvened the hearing at 2:36.
Mr. Bates indicated they would like to proceed and push for a decision.
• Commissioner Kirkmeyer moved to go into an Executive Session to consult with the County
Attorney regarding the completeness of the application, the motion was seconded by
Commissioner Conway and it carried unanimously at 2:37 p.m.
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• The hearing reconvened from the Executive Session at 2:59 p.m., pursuant to
C.R.S. §24-6-401 to seek legal advice from the County Attorney. Commissioner Freeman made
a motion to come out of the Executive session. Commissioner Cozad seconded the motion and it
carried unanimously.
• Commissioner Kirkmeyer restated the sufficiency of the application is not enough to make a
ruling based on the criteria in accordance with State Statute. She explained she needs to know
where the pipeline is going in order to make a ruling and the uncertainty of the location of the
pipeline itself does not allow her to do that in her role as a County Commissioner. She stated it is
imperative to give the applicant the opportunity to cure their proposal and provide to the Board
the certainty of the location of the pipeline and reiterated her support of a continuance to a date
with five (5) County Commissioners present.
El Commissioner Freeman agreed with Commissioner Kirkmeyer and stated although they can
see a picture of a route on the presentation (Exhibit G) provided, the Board knows through
experience that most pipelines will be moved from their general route based on easements they
can and cannot obtained, and he too expressed his support of a continuance.
• Commissioner Conway concurred with the comments made and stated he did not know how
a determination could be made based on the lack of information presented. He indicated a
continuance is in the best interest of everyone, and to give the applicant an opportunity to continue
to work on the route.
• Commissioner Cozad agreed, and stated the Board has the authority under Section 23-2-510
to request additional information. She echoed a determination could not have been made on a
pipeline location if the Board does not know certainly where the pipeline will go. She stated her
support for a continuance and Chair Moreno stated he was in concurrence with the comments
made.
• Mr. Bates stated the route on the displayed screen is the route in which they have requested
theFERC certificate, and indicated they do not expect the route to change unless requested by
FERC. He asked the Board to reconsider the route as a "firm route." Commissioner Cozad stated
she understands a FERC route and their requirements; however, she explained the County
Commissioners have other criteria that is different from FERC. She mentioned the route has not
been approved by FERC and reiterated her support of a continuance.
G. Chair Moreno referenced an email from the Clerk to the Board regarding possible
continuance dates and recommended a date in March, 2019.
• Dennis Hoshiko, Surrounding Property Owners (SPO), stated he respects the Board's
decision to continue the hearing and felt it was an appropriate one. He agreed with the
continuance because the applicant has not fulfilled their legal obligations to the people of Weld
County that will be impacted by the project. He provided examples of other project's compensation
negotiations with other applicants not working with SPOs.
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Vince Holton agreed with the continuance and recommended the hearing be continued to
the distant future because the SPOs and the applicant are so distant in their compensation
negotiations. Commissioner Conway clarified if, at a future hearing, the applicant is still not
working with the SPOs, it can be continued again.
Commissioner Kirkmeyer moved that the Board would continue the request of Cheyenne
Connector, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR18-0077, for a greater than 12-inch High Pressure Natural Gas Pipeline (36-inch natural gas
pipeline) approximately 70 miles in length in the A (Agricultural) Zone District on the basis of the
lack of certainty as to the location of the pipeline which is pursuant to Section 23-3-510.N and
therefore, the Board is unable to move forward with the determination as to the sufficiency of the
application. Commissioner Conway seconded and the Board agreed to continue the matter to
March 27th, 2019. Commissioner Cozad corrected the motion to Section 23-2-510.N, and
Mr. Haug confirmed. There being no further discussion, the hearing was completed at 3:14 p.m.
This Certification was approved on the 17th day of December, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ` v 4O� EXCUSED DATE OF APPROVAL
Steve Moreno, Chair y
Weld County Clerk to the Board
B-a-rbara Kirkmeyer, ro-Tem
BY: cfl (
Deputy CI to the Board " 4 L tik•RXCUSED DATE OF APPROVAL
-gkas s . an P. Conway
_ � v L, •.tr A. Cozad
ounty - orney -
mapis.��Mike Freeman
Date of signature: 12/2C/►$
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