HomeMy WebLinkAbout20183331.tiff HEARING CERTIFICATION
DOCKET NO. 2018-119
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0075, FOR A GREATER THAN 12-INCH HIGH PRESSURE NATURAL GAS
PIPELINE (20-INCH NATURAL GAS PIPELINE) APPROXIMATELY 15 MILES IN
LENGTH IN THE A (AGRICULTURAL) ZONE DISTRICT - ROCKY MOUNTAIN
MIDSTREAM, LLC
A public hearing was conducted on October 31, 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
Commissioner Mike Freeman
Also present:
Acting Clerk to the Board, Selena Baltierra
Assistant County Attorney, Frank Haug
Planning Services Department representative, Chris Gathman
Director of Planning Services, Tom Parko
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 September 14, 2018, and duly published
September 19, 2018, in the Greeley Tribune, a public hearing was conducted on October 24,
2018, to consider the request of Discovery DJ Services, LLC, for a Site Specific Development
Plan and Use by Special Review Permit, USR18-0075, for a greater than 12-inch High Pressure
Natural Gas Pipeline (20 inch natural gas pipeline) approximately 15 miles in length in the
A (Agricultural) Zone District, at which time the Board deemed it necessary to continue the matter
to October 31, 2018, at 10:00 a.m., to allow Discovery DJ Services, LLC, additional time to work
with The Wild Animal Sanctuary concerning the pipeline alignment. On October 31, 2018,
Frank Haug, Assistant County Attorney, made this a matter of record.
ID Chris Gathman, Department of Planning Services, presented a brief summary of the proposal
and stated the applicant has been negotiating with The Wild Animal Sanctuary and is considering
a reroute for the pipeline which would include additional properties that were not originally
included in the original notification. He displayed an image of the updated route and explained
the proposed reroute would be crossing two (2) ditches with two (2) additional properties who
would need to be notified.
Matt Norton, representative for Discovery DJ Services, LLC, (subsequently referred to as
Rocky Mountain Midstream, LLC) and referenced the map, mentioned the financial costs, and
explained conversations with The Wild Animal Sanctuary regarding notification to the additional
SPOs by November 2, 2018. He described a second option to lower the pipeline within the original
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route. He requested clarity on whether or not both routes could be approved under the
circumstances that they have not fully come to an agreement with The Wild Animal Sanctuary. In
response to Commissioner Cozad regarding notification to the SPOs, Mr. Norton stated the
existing SPOs have not been notified of the reroute, nor have the additional SPOs. Commissioner
Cozad stated she was unsure how the Board could approve a route without proper notice to the
surrounding property owners of the pipeline and the hearing, and expressed other concerns.
Mr. Haug agreed with Commissioner Cozad and made recommendations on how to proceed. In
response to Commissioner Kirkmeyer regarding the SPOs, Mr. Norton indicated there are
three (3) SPOs not included in the original notification of the pipeline who will need to be notified.
Commissioner Kirkmeyer asked if the original route could be approved today, and if the
easements are obtained by the remaining property owners, the second route is approved. After
further discussion, Tom Parko, Director of Planning Services, stated if the alternative route is
worked out, the applicant could go through an administrative amendment process to update the
map. After further discussion, and in response to Commissioner Cozad regarding the minor
amendment, Mr. Gathman stated the amendment would be a change to an existing map.
Commissioner Cozad clarified the plat has to be recorded prior to amending the plat. Mr. Parko
indicated the approval happens once the Board makes a decision and the Resolution is passed
prior to recording so changes can be made in the amendment process. Mr. Haug clarified the
original route would be approved, and the applicant would go through an amendment process;
however, prior to approval, the remaining SPOs would be notified and have a chance to provide
testimony. Mr. Haug provided a second option and stated if the applicant were to obtain
easements from the remaining SPOs giving the applicant the right to be on their land with no
further comments, it would solve the notice issue.
Commissioner Kirkmeyer reiterated the two (2) options the applicant has moving forward,
and Mr. Norton stated he understood. After further clarification, Commissioner Conway mentioned
a third option for the applicant to continue working with The Wild Animal Sanctuary on the original
route instead of the reroute. After further discussion regarding minor versus major amendments,
Mr. Haug mentioned Section 23-2-540 and Mr. Parko indicated staff has discretion to decide what
amendments are major and minor. In response to Mr. Norton regarding the time frame of a minor
amendment, Mr. Parko approximated 60 days and Commissioner Kirkmeyer stated the applicant
can proceed with construction of the pipeline in the places in which easements are in place.
El Mr. Gathman stated if the applicant acquires the easements and gets the waiver on the
notice, the change would not be considered an amendment and, therefore, would not need an
amendment. In response to comments made by Commissioner Conway, Mr. Norton thanked the
Board for their patience.
El Commissioner Cozad moved to approve the request of Rocky Mountain Midstream, LLC, for
a Site Specific Development Plan and Use by Special Review Permit, USR18-0075, for a greater
than 12-inch High Pressure Natural Gas Pipeline (20-inch natural gas pipeline) approximately
15 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 entered into the record. Commissioner Cozad stated there were no changes to the draft
resolution, and the motion was seconded by Commissioner Conway. Commissioner Cozad stated
her appreciation for the applicant and Mr. Craig (The Wild Animal Sanctuary) working together.
Commissioner Cozad cited Section 23-2-490.A and stated the easements have been acquired in
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good faith with the property owners. She mentioned Condition of Approval (COA) #1.E regarding
the applicant addressing the concerns of The Wild Animal Sanctuary. She cited
Section 23-2-490.B and explained there were referral comments returned from the Towns of
Hudson and Keensburg with no concerns and indicated there was a letter received from The Wild
Animal Sanctuary that stated the application did not meet the criteria included in this section;
however, she argued it does. She cited Section 23-2-490.C, agreed with what is stated in the
Resolution, and reiterated the willin•ness of the applicant to work with the surrounding property
owners to avoid negative impacts. M She cited Section 23-2-490.D and Section 23-2-490.E and
briefly explained the process pipeline applicants have to go through and indicated the required
permits still need to be obtained to best avoid negative impacts. She mentioned Section 23-2-
490.H and explained the Department of Public Works required Right-of-Way Permits which
mitigates any potential stormwater runoff or erosion. She added the disturbance to the ground is
temporary. In response to Chair Moreno, Mr. Norton indicated he had reviewed, and the applicant
agrees to abide by, the Conditions of Approval and Development Standards, as amended.
Commissioner Conway agreed with the comments made by Commissioner Cozad, specifically
COA#1.E regarding the applicant working with The Wild Animal Sanctuary. Commissioner
Kirkmeyer thanked the applicant for taking the time to work with Mr. Craig and negotiating with
one another. Commissioner Freeman and Chair Moreno agreed with the previous comments
made. The motion carried unanimously and there being no further discussion, the hearing was
completed at 10:52 a.m.
(Clerk's Note: Subsequent to the hearing a letter was received indicating a name change for the
applicant, therefore, all documents were changed accordingly.)
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This Certification was approved on the 5th day of November, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditiwo ,,��,,// C C /Zr tC ,�a.''Ste Moreno, Chair
Weld County Clerk to the Board
arbara Kirkmeyer Pr -Tem
BY:Y 7 ( C
Deputy Cle to the Board �.•� ��
lido Sean P. Conway
APPROVED AS TO F
IaFo A. Cozad
J/�ist�ss . A`,:' r n
Coun attorney ' �l °\ � �� 1 �—
•
Mike Freeman
Date of signature: a -7/18
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