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Home My WebLink About20182906.tiffHEARING CERTIFICATION DOCKET NO. 2018-100 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0055, FOR A GREATER THAN 12 -INCH HIGH PRESSURE NATURAL GAS PIPELINE (16 -INCH HIGH PRESSURE NATURAL GAS PIPELINE) APPROXIMATELY ONE (1) MILE IN LENGTH 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, Lauren Light The following business was transacted: e, 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, USR18-0055, fora greater than 12 -inch high pressure natural gas pipeline (16 -inch high pressure natural gas pipeline) approximately one (1) mile in length in the A (Agricultural) Zone District. Frank Haug, Assistant County Attorney, made this a matter of record. Chris Gathman, Department of Planning Services, presented a brief summary of the proposal and stated the 16 -inch, residue pipeline will be approximately one (1) mile in length. He indicated the pipeline will connect the existing O'Connor Gas Plant to an existing Kinder Morgan facility. He mentioned the applicant has made an effort to choose a route that will avoid cultivated croplands, and has proposed to segregate topsoil, preserve during grading operations, and restore the surface layer once the pipeline is installed. Mr. Gathman stated the pipeline is located within the three (3) mile referral area and the Intergovernmental Agreement (IGA) Boundary of the Kersey/ Weld County Cooperative Planning Agreement. He stated 14 referrals were sent out and six (6) responses were returned with no concerns or with comments that were considered in the staff recommendation. Mr. Gathman indicated there has been no correspondence from surrounding property owners (SPO) and he entered the favorable recommendation of the Planning Commission into the record as written. pL(?JCc,),(EP),ERLC)) OVA -gists) ioliill� 2018-2906 PL2586 HEARING CERTIFICATION - DCP OPERATING COMPANY, LP (USR18-0055) PAGE 2 Evan Pinkham, Public Works Engineer representative, provided a brief overview of the transportation plans and requirements, presented the drainage and grading requirements and stated the pipeline crosses County Road (CR) 49. He indicated a Road Maintenance Agreement is required and stated the applicant must show proof of a Right -of -Way Permit for any construction in the right-of-way. He stated there is a Development Standard requiring the pipeline to be bored under CR 49 to a minimum depth as required by the Department of Public Works. Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions and stated portable toilets along the construction route are acceptable. She indicated Development Standards (DS) #4-10 address Environmental Health items. Patrick Groom, attorney, represented the applicant and stated the proposed pipeline is a 16 -inch residue line that will connect the O'Conner plant to the Kinder Morgan metering station. He compared the maximum pressure capacity of the pipeline to normal operational pressures and stated it is well below the allowable pressure for the pipeline. He referred to the map and described the path of the pipeline to minimize the impact on surrounding property owners. No public testimony was offered concerning this matter. =e In response to Chair Moreno, Mr. Groom indicated they have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, with proposed changes. Mr. Groom asked for a language change to Development Standard (DS) #16 regarding the boring depths. Commissioner Cozad mentioned the boring depths requirement is a part of the Right -of -Way Permit, and agreed to change the DS to clarify as such. In regard to the removal of language from DS #16 during Planning Commission, Commissioner Kirkmeyer asked to restore the original language in the Development Standards requiring the depth of boring to be measured below the lowest roadside ditch. In response to Commissioner Kirkmeyer, Mr. Gathman stated there were no irrigation ditches that will be affected by the pipeline. in Mr. Groom requested Condition of Approval (COA) #1.A regarding the Road Maintenance Agreement, be required prior to construction. He explained the applicant would like to begin building the pipeline after approval and submittal of the Road Maintenance Agreement in order to meet deadlines. Mr. Groom clarified the pipeline would not be operable until the plat is recorded and all conditions are met. In response to the applicant's request, Commissioner Freeman stated it would make sense to begin building the pipeline when it would not impact farming operations this fall, and Chair Moreno agreed. In response to Commissioner Kirkmeyer, Mr. Groom indicated all of the easement agreements are in place. Commissioner Kirkmeyer agreed the Road Improvements Agreement should be in place prior to construction. In response to Mr. Pinkham, Commissioner Kirkmeyer clarified a signed Road Maintenance Agreement would be required prior to construction. Following discussion, Tom Parko, Director of Planning Services, referred to Section 23-2-460, regarding the prohibition of construction without a permit. He explained pipelines cannot be constructed prior to being approved by the Board of County Commissioners; however, the operator is allowed to begin construction once the proper easement agreements are in place. 2018-100 PL2586 HEARING CERTIFICATION - DCP OPERATING COMPANY, LP (USR18-0055) PAGE 3 After further discussion, the Board agreed to move COA #1.A, regarding the Road Maintenance Agreement to become the new COA #5.D, but stressed that the applicant must submit a signed agreement to Public Works prior to beginning construction. 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 Cozad moved to approve the request of DCP Operating Company, LP, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0055, for a greater than 12 -inch high pressure natural gas pipeline (16 -inch high pressure natural gas pipeline) approximately one (1) mile 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 amended and entered into the record. The motion was seconded by Commissioner Conway, and it carried unanimously. There being no further discussion, the hearing was completed at 10:26 a.m. (Clerk's Note: The Board required the reference to "lease agreements" in this Resolution, be amended to "easement agreements" in COA #1.A, as discussed in the following case, and as pertaining to the same applicant.) This Certification was approved on the 1st day of October, 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: doh& r' ;ok. Weld County Clerk to the Board BYa,0_ 4.4„, Q Q. puty Clerk to the Board APPAS County Attorney Date of signature: to ( t O f 18' Steve Moreno, Chair EXCUSED DATE OF APPROVAL Barbara Kirkmeyer rro-Tem ike Freeman 2018-100 PL2586 ATTENDANCE LIST tP NAME - PLEASE PRINT LEGIBLY = D (CITY, STATE .ZIP)AIL 0 `` AT YVM AT-.) ) K D ad) LA \ OA !'-. GTE Eo Co b u 25C TR, Z A 1A Ne P F,1Z .1.: A 2, lAlm.1%2- 5- eivt iti-C/50 k 310 (7t'"' . 14 v-er. Ce S'0 zk 5-R 504 e dy in,616fireaay. , U? wl i Uer` N b ` 2 s �"`j �� l,ot ..,. . , � C, 4rtc,, �≥ I�db D<� -� C 6 Q,,�, (.�- Tc le,k,._ A, - t 13% 4),..,4-\/),,,,T_ C -,C `tea jb ..a .:2t -g, t s .Cem— J 4' C :,<<v) r'14."", t 370 7+4 s. o-' I� Dt��-t, �o�z � d o c��,��? pw'ds�rtA», < <�. De�vt,- Iv Deveyits t--05�, (StI 3 Av.6k,3+ Akas111.ya to©. eAA Y i7Onr-, rt G1-6f)- Hello