HomeMy WebLinkAbout20180895.tiffHEARING CERTIFICATION
DOCKET NO. 2018-30
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR17-0075, FOR A 20 -INCH NATURAL GAS PIPELINE IN THE A (AGRICULTURAL)
ZONE DISTRICT - DISCOVERY DJ SERVICES, LLC
A public hearing was conducted on April 4, 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 - EXCUSED
Commissioner Mike Freeman
Also present:
Clerk to the Board, Esther Gesick
Acting Clerk to the Board, Chloe Rempel
Assistant County Attorney, Bob Choate
Planning Services Department representative, Chris Gathman
Public Works Department representative, Evan Pinkham
Public Works Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
El I hereby certify that pursuant to a notice dated February 12, 2018, and duly published
February 15, 2018, in the Greeley Tribune, a public hearing was conducted to consider the
request of Discovery DJ Services, LLC, for a Site Specific Development Plan and Use by Special
Review Permit, USR17-0075, for a 20 -inch natural gas pipeline in the A (Agricultural) Zone
District. Bob Choate, Assistant County Attorney, made this a matter of record.
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 being
excused.
Chris Gathman, Department of Planning Services, presented a brief summary of the proposal
and described the approximate length and location of the proposed pipeline to include termination
points, generally west of the Town of Hudson. He stated the pipeline site is located within the
three (3) mile referral area of the Towns of Hudson and Lochbuie, and within the Cooperative
Planning Agreement Area between the Town of Hudson and Weld County. Mr. Gathman reviewed
the referrals from these jurisdictions and stated, specifically, that the pipeline will cross a 12 -inch
water pipeline within the Town of Hudson's jurisdiction and the applicant has submitted a Crossing
Agreement to Hudson and, to date, it has not been signed by the Town. He clarified this
Agreement is a Condition of Approval. He stated the applicant has secured the negotiated rights -
of -way along the pipeline route corridor and noted it has been routed to minimize impact to
irrigated cropland and the disturbed areas will be reseeded and restored after construction. Mr.
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Gathman displayed various maps and entered the favorable recommendation of the Planning
Commission into the record as written.
Evan Pinkham, Department of Public Works representative, provided a brief overview of the
transportation plans and requirements and listed the County road and Section Line crossings. He
stated a Road Maintenance Agreement is required and he recommended amending Development
Standard (DS) #18 to read, "Any pipeline crossing an arterial road shall be bored with a minimum
of twenty (20) feet below arterial roads, fifteen (15) feet below collector roads, fifteen (15) feet
below paved local roads and ten (10) feet below gravel local roads, for the full width of the future
right-of-way. This depth shall be measured below the lowest roadside ditch flowline elevation."
He also requested language be added as a new DS #19, to read, "Any damage occurring to the
right-of-way caused by the pipeline will be the responsibility of the operator to repair."
ei Hayley Balzano, Public Works Engineer representative, had no additional comments.
El Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating that portable toilets are acceptable to use along the construction route. She
clarified the disturbance corridor is not exceeding 25 acres, therefore, an Air Emissions Permit is
not required. Ms. Light stated Development Standards (DS) #5-10 address typical Environmental
Health items.
IR Matt Norton, applicant, displayed a PowerPoint presentation (Exhibit D) and introduced other
members of the team available to answer questions. He provided a company overview, location
of offices in Brighton and Longmont, stated the importance of having a strong safety culture,
including an excellent track record, and mentioned they employ 90% local hires. He reviewed the
purpose of the proposed pipeline to transport natural gas to the Lochbuie Compressor Station.
Mr. Norton explained the pipeline construction is required to meet the Department of
Transportation requirements and Discovery exceeds state and federal minimum depth to
coverage standards. He reviewed the safety measures to include protection from corrosion,
abrasive resistant coating at all road and water locations, emergency shut off features, and 24/7
monitoring for flows, pressure and leakage. Mr. Norton stated they do internal and external
inspections regularly. He reviewed the measures to restore and maintain the environment and
also described their commitment to community involvement.
No public testimony was offered concerning this matter.
In response to Chair Moreno, Mr. Norton requested more of an explanation regarding the
additional language proposed by the Department of Public Works. Mr. Pinkham explained the
reasoning to protect County roads. In response to Commissioner Kirkmeyer, Ms. Balzano stated
they researched other states regulations primarily on the East Coast to consider upward pressure
on the pipeline and room for future pipelines or road reclassifications. In response to
Commissioner Conway, Ms. Balzano explained not all states have boring depth requirements.
Mr. Norton stated there are also risks with boring too deeply. After further discussion, Mr. Pinkham
explained the issues that local utilities have when utilizing the right-of-way with pipelines along
the corridor and stated another reason for deeper boring is to provide local utilities more room. In
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HEARING CERTIFICATION - DISCOVERY DJ SERVICES, LLC (USR17-0075)
PAGE 3
response to Commissioner Conway, Mr. Norton said he is happy to work with utility companies.
The Board and applicant are in agreeance with depth requirements.
• Mr. Norton indicated he has reviewed, and agrees to abide by, the Conditions of Approval
and Development Standards, as amended.
• Commissioner Kirkmeyer suggested deleting Development Standard (DS) #16. She further
requested clarification regarding Condition of Approval (COA) #1.B. Mr. Norton stated they have
the required Crossing Permit, 18-0013. The Board agreed to amend this Condition to stipulate
the applicant must show written evidence of a Water Line Crossing Permit from the Town of
Hudson and submit this to the Weld County Department of Planning Services. Commissioner
Kirkmeyer recommended DS #8 be amended to read, "Fugitive dust and fugitive particulate
emissions shall be controlled throughout the duration of the construction of the pipeline and until
ground cover is established along the construction route boundaries. During construction, uses
on the property shall comply with the Colorado Air Quality Commission's Air Quality Regulations."
She further suggested DS #13, 14, and 20 begin with "During construction, ..." and DS #20
amended to replace the words, "onto the property" with "to the site". Commissioner Freeman
recommended DS #11 be deleted. The Board agreed to all the aforementioned changes.
• In response to Chair Moreno, Mr. Norton indicated he has reviewed, and agrees to abide by,
the Conditions of Approval and Development Standards, as amended.
• Commissioner Conway moved to approve the request of Discovery DJ Services, LLC, for a
Site Specific Development Plan and Use by Special Review Permit, USR17-0075, for a 20 -inch
natural gas pipeline 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. The motion was seconded by Commissioner Freeman, and
it carried unanimously. There being no further discussion, the hearing was completed at
10:59 a.m.
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HEARING CERTIFICATION - DISCOVERY DJ SERVICES, LLC (USR17-0075)
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This Certification was approved on the 9th day of April, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk to the Boar
APP OV9AS
ounty Attorney
Date of signature: 05 O -l$
St ve Moreno, Chai
BAIDa
arbara Kirkmeye Pro -Tern
Sean P. Conway
ie A. Cozad
Mike Freeman
2018-0895
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