HomeMy WebLinkAbout20183610.tiff HEARING CERTIFICATION
DOCKET NO. 2018-124
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR18-0080, FOR A GREATER THAN 12-INCH HIGH PRESSURE NATURAL GAS
PIPELINE (TWO 20-INCH NATURAL GAS PIPELINES) APPROXIMATELY
THIRTY (30) MILES IN LENGTH IN THE A (AGRICULTURAL) ZONE DISTRICT —
NWC DEVELOPMENT, LLC
A public hearing was conducted on November 14, 2018, at 10:00 a.m., with the following present:
Commissioner Steve Moreno, Chair - EXCUSED
Commissioner Barbara Kirkmeyer, Pro-Tem
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Mike Freeman — RECUSED
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:
Commissioner Freeman made a disclosure for the record, and explained he had known of
the case since February of 2018 and had disclosed with the Board and the Secretary of State that
he had a conflict of interest with the case. He continued to state he had not had a conversation
with any a conversation with any member of the Board or any member of staff regarding the case
other than the County Attorney to assure he took the appropriate steps. He recused himself due
to a financial interest.
la I hereby certify that pursuant to a notice dated September 27, 2018, and duly published
October 2, 2018, in the Greeley Tribune, a public hearing was conducted to consider the request
of NWC Development, LLC, for a Site Specific Development Plan and Use by Special Review
Permit, USR18-0080, fora greater than 12-inch High Pressure Natural Gas Pipeline (two 20-inch
natural gas pipelines) approximately thirty (30) miles in length in the A (Agricultural) Zone District.
Frank Haug, Assistant County Attorney, made this a matter of record.
la Chair Pro-Tern Kirkmeyer instructed the applicant and reviewed for the public, with two (2)
of the five (5) Commissioners being excused, the vote must be unanimous for the case to be
approved today.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
stated the development continues to expand its Weld County footprint with a need to gather,
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process and distribute the natural gas by other means rather than trucking. He indicated under
this permit, NWC will construct, own and operate a 30-mile, high pressure, natural gas pipeline
called the Pierce Trunk and Rain Dance Lateral Pipeline. Mr. Ogle mentioned the pipeline will
originate south and east of Windsor and will terminate at the proposed REP natural gas
processing facility northwest of Pierce. He explained the crossings to include highways and
county roads, and described the details of the pipeline located within the three (3) mile referral
area of multiple municipalities. He reviewed the referrals returned, including a referral from
Colorado Parks and Wildlife (CPAW), and stated the applicant is required to submit an Emergency
Action and Safety Plan prior to construction. He indicated the entire length of the pipeline will be
designed and constructed as required by the U.S. Department of Transportation Pipeline and
Hazardous Materials Safety Administration. Mr. Ogle stated referrals were sent to 37 agencies,
and 14 agencies offered comments, some of which included conditions that were included in the
Conditions of Approval and Development Standards. He mentioned Planning staff received one
(1) letter of support and numerous telephone calls from SPOs and other interested persons
regarding this case. He provided images of the site and surrounding views and entered the
favorable recommendation of the Planning Commission into the record as written.
Evan Pinkham, Public Works Engineer representative, stated the pipeline crosses a number
of County Roads (CR) and highways. He indicated a Weld County Right-of-Way Permit is required
for any project occupying, constructing, or excavating any facilities within the right-of-way. He
mentioned tracking control may be required for the accesses and a Road Maintenance Agreement
is required during construction. He stated a Grading Permit is required if disturbing more than an
acre for non-pipeline items and pipelines are exempted from the requirements of a Drainage
Report and a detention pond. He indicated there is a Development Standard (DS) that reviews
the depths for pipelines which will need to be adjusted to reflect current or upcoming policy.
Mr. Pinkham provided a brief overview of the transportation plans and requirements and
presented the drainage and grading requirements.
Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, and stated portable toilets can be used along the construction route. She indicated
since the applicant will be disturbing more than 25-acres, they will need an Air Emissions Permit
and DS #16-22 address Environmental Health items.
12 Anne Best Johnson, Tetra Tech, represented the applicant and provided history of Rimrock,
the parent company of NWC. She reviewed NWC's values, and displayed and explained the
natural gas supply chain to connect production and processing facilities. She displayed images
of the site and mentioned the site selection process, which she explained as an underserved area
for oil and gas infrastructure. She displayed images of existing wells in Northern Colorado and
reviewed the Rimrock Natural Gas System in accordance with the proposed pipeline. Ms. Best
Johnson stated one-hundred percent (100%) of the Crossings Agreements were negotiated and
obtained from Surrounding Property Owners (SPOs). She reiterated details of the referral from
CPAW and stated APEX provided a summary on how the concerns of CPAW will be mitigated.
She mentioned it is a multi-jurisdictional project, with each municipality requiring additional
permits, which have been submitted. She stated they have met with Roy Rudisill, Director of the
Office of Emergency Management, and various fire departments. She provided a brisk overview
of the safety precautions taken by NWC and stated the criteria of the Weld County Code has been
met. She requested the Board review DS #8 regarding the depths and COA #5.E, I, and K
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regarding crossing agreements. In response to Commissioner Conway, Ms. Best Johnson
reiterated 100% of the crossing agreements along the pipeline route have been obtained.
• Bill Garcia, Coan, Payton & Payne, LLC, represented the applicant, addressed COA #5.G
regarding a Crossing Agreement with the Larimer and Weld County Irrigation Company and
stated the Crossing Agreement was only returned by the Larimer and Weld County Irrigation
Company a week prior to the hearing, therefore, it is still being negotiated. He expressed concerns
that the agreement may hold back the project if included in the conditions, as is. In response to
Commissioner Conway, Mr. Garcia reiterated they are still negotiating with the Larimer and Weld
County Irrigation Company; however, a Right-of-Way and Easement Agreement has been
obtained with the owner of the property with the remaining ditch.
▪ No public testimony was offered concerning this matter.
IR In response to Chair Pro-Tem Kirkmeyer, Ms. Best Johnson indicated they have reviewed,
and agree to abide by, the Conditions of Approval and Development Standards, as presented
with a request that the Board discuss DS #8, previously mentioned by Mr. Pinkham.
la Commissioner Conway stated he is wary of the unobtained easement, therefore, has an
issue with the proposed changes to COA#5.G as Mr. Garcia presented.
El Commissioner Cozad suggested clarifying COA #1.B.8 by adding the word "permanent"
regarding the access locations on the plat. She further requested discussion on COA#1.6.12-13
and stated she understands the Towns of Severance and Windsor have their own permitting
process. In response to Commissioner Cozad, Ms. Best Johnson indicated they are currently
working with both municipalities to build maps through their communities. Commissioner Cozad
questioned if they need to have the rights-of-way in those municipalities on Weld County's plat if
they are required to do so in the individual municipalities. Mr. Ogle clarified staff requires it on
Weld County's map when the applicant has an Approved Transportation Plan.
• In response to Chair Pro-Tem Kirkmeyer, Mr. Ogle clarified the language found in
COA #5.E-K regarding the reception number labeled on the map prior to construction and
explained it was previously under "Prior to Recording the Map"; however, Planning Commission
moved these conditions under "Prior to Construction" and stated it includes them being recorded
on the plat. Ms. Best Johnson confirmed the Right-of-Way Crossing Agreements have been
obtained, and Chair Pro-Tern Kirkmeyer recommended moving COA #5.E-J to being delineated
on the map under COA#1.B. as #13-18. el Chair Pro-Tem Kirkmeyer assured the language in
COA #5.K remains in "Prior to Construction" and it becomes a new COA #5.E. After discussion
between the Board and the applicant's representatives regarding COA#5.K, the Board created a
new COA#5.E to state, "The applicant shall attempt to address the concerns of the Larimer and
Weld Irrigation Company. If a Crossing Agreement is obtained, then the reception number shall
be shown on the plat."
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EI Commissioner Cozad suggested adding a new COA #1.6.19 regarding a status letter to
update staff on the Larimer and Weld Irrigation Company Crossing Agreement. Chair Pro-Tern
Kirkmeyer corrected it should be COA#1.C.
The Board and staff requested the language for Development Standard (DS) #8 be
consistent with future requirements of the LAP process for boring depths. After further discussion,
Mr. Haug provided the language for the condition to include a minimum depth of ten (10) and
potential modifications by the Department of Public Works as deemed appropriate.
IR Chair Pro-Tern Kirkmeyer suggested adding "during the construction period"to DS #24 to
allow access to the Department of Public Works, Planning Services and the Department of Public
Health, and the Board agreed.
la In response to Chair Pro-Tem Kirkmeyer, Ms. Best Johnson 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 NWC Development, LLC, for a Site
Specific Development Plan and Use by Special Review Permit, USR18-0080, for a greater than
12-inch High Pressure Natural Gas Pipeline (two 20-inch natural gas pipelines) approximately
thirty (30) 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. The motion was seconded by Chair Pro-Tern Kirkmeyer,
and Commissioner Cozad stated the applicant has shown and made an effort to ensure
everything is in place. She indicated some of the products can be moved with trucks; however,
that is not as efficient or safe as pipelines. She mentioned her support of the application and
stated the applicant had made a diligent effort to obtain all easements from private property
owners, worked with the ditch owners, and will continue to work with the Larimer and Weld
Irrigation Company to obtain a crossing agreement. She mentioned the letter of support and
stated there were no opposing SPOs present, which indicated the applicant has successfully
worked with the all the communities that are impacted by the pipeline. Commissioner Conway
stated his support of the motion and reiterated there is a need for the pipeline to get the product
to market. He also stated the applicant has met their burden to demonstrate compliance with the
criteria, and indicated in his time as a commissioner he has received numerous calls regarding
Rimrock; however, the applicant has worked to be a good neighbor. He echoed the comments
made by Commissioner Cozad. Chair Pro-Tem Kirkmeyer stated her support of the motion and
agreed with the comments made by her fellow Commissioners and with the findings that have
been presented by the Planning Commission. She echoed there was no one present in
opposition, and stated the applicant is working to be a good neighbor. She expressed appreciation
and the motion carried unanimously. There being no further discussion, the hearing was
completed at 11:48 a.m.
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This Certification was approved on the 19th day of November, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dattifailo EXCUSED
St= e Moreno, Ch it
Weld County Clerk to the Board 1
:arbara Kirkmey , Pro-Tem
BY:
Deputy Cler the Board
. El-4a Se ►a-P. C nway
40,
APPR VED FOR , - c),(x;
`�. e A. ozad
County Attorney ` RECUSED
Mike Freeman
Date of signature: IZ/11 jl8
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