HomeMy WebLinkAbout20173903HEARING CERTIFICATION
DOCKET NO. 2017-101
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR17-0050, FOR A GREATER THAN 12 -INCH HIGH PRESSURE NATURAL GAS
PIPELINE APPROXIMATELY SEVEN (7) MILES LONG (20 -INCH NATURAL GAS
PIPELINE ORIGINATING AT THE GODFREY COMPRESSOR STATION [USR11-0005]
AND TERMINATING AT THE MEWBOURN GAS PLANT (5MJUSR17-83-0542]) IN THE
A (AGRICULTURAL) ZONE DISTRICT — DCP OPERATING COMPANY
A public hearing was conducted on December 13, 2017, at 10:00 a.m., with the following present:
Commissioner Julie A. Cozad, Chair
Commissioner Steve Moreno, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Kim Ogle
Public Works Department representative, Evan Pinkham
Planning Services Engineer representative, Hayley Balzano
Health Department representative, Lauren Light
The following business was transacted:
El I hereby certify that pursuant to a notice dated November 3, 2017, and duly published
November 8, 2017, 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, USR17-0050, for a greater than 12 -inch high pressure natural gas pipeline
approximately seven (7) miles long (20 -inch natural gas pipeline originating at the Godfrey
Compressor Station [USR11-0005] and terminating at the Mewbourn Gas Plant
[5MJUSR17-83-0542]) in the A (Agricultural) Zone District. Bob Choate, Assistant County
Attorney, made this a matter of record.
El Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
stated the applicant is proposing to construct and operate a natural gas discharge pipeline to
connect the Godfrey Compressor Station to the Mewbourn Gas Plant. He described the
construction easements and the permanent easements. Mr. Ogle stated there are permanent
structures associated with the application, including one (1) launcher at the Godfrey Compressor
Station and one (1) receiver at the Mewbourn Gas Plant. He further stated there is one (1) valve
located at the intersection of County Roads (CR) 42.5 and 35. Mr. Ogle reported the pipeline will
cross under several County roads and the Platte Valley Ditch, which is operated by Farmers
Reservoir and Irrigation Company (FRICO). He stated the site is located within the three (3) mile
referral area of the Towns of LaSalle and Gilcrest, and the City of Evans and he reviewed the
referral responses from these jurisdictions and from the Division of Parks and Wildlife. Mr. Ogle
stated the applicant will provide an Emergency Action and Safety Plan and the pipeline will be
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HEARING CERTIFICATION - DCP OPERATING COMPANY, LP (USR17-0050)
PAGE 2
designed and constructed in compliance with the U.S. Department of Transportation Pipeline and
Hazardous Safety Administration part 192. He stated 14 referrals were sent, with six (6)
responses offering comments that have been considered in the staff recommendation. Mr. Ogle
displayed the site map 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 roads to be crossed under by the
pipeline as CRs 38, 40, 42, 35, 44, and 46. He clarified these crossings will be bored. Mr. Pinkham
stated CR 33 is under the jurisdiction of the City of Evans. He further stated an Improvements
Agreement will be required and the applicant will be required to submit evidence of a Right -of -Way
Permit for any work in the rights -of -way. Mr. Pinkham reviewed the standards for boring, and
clarified valve locations and/or laydown yards will require Access Permits. In response to
Commissioner Kirkmeyer, Mr. Pinkham stated it is possible the City of Evans will require an
Access Permit for a valve location or a laydown yard in reference to CR 33.
la Hayley Balzano, Planning Services Engineer representative, presented the drainage and
grading requirements, stating pipelines are excepted from the requirements for a drainage report
and detention pond design. She reviewed the Development Standards relevant to Engineering
and suggested modifying Condition of Approval (COA) #5.A to remove "such as structures,
parking lots, laydown yards, et cetera".
El Lauren Light, Department of Public Health and Environment, reviewed the water and sewer
provisions, stating portable toilets are acceptable along the construction route. She stated
Development Standards (DS) #10-16 address Environmental Health items and she
recommended adding the words "during construction"to Development Standards #10, 11 and 12.
In response to Commissioner Kirkmeyer, Ms. Light clarified DS #14.
• Patrick Groom, Attorney, represented the applicant and stated this proposal is for a
gathering line for delivery of compressed gas from the Godfrey Bottom Compressor Station to the
Mewbourn Gas Plant. He stated the pipeline is approximately seven (7) miles in length, the
majority of the route borders CR 35, and he reported that DCP has acquired all the rights -of -way
along that route and has tried to stay out of irrigated cultivated fields. Mr. Groom stated there are
a number of County road crossings and also a crossing under U.S. Highway 85, all of which will
be bored under. He reviewed the construction schedule to commence immediately and to be
completed by May of 2018.
▪ No public testimony was offered concerning this matter.
• In response to Chair Cozad, Mr. Groom stated DCP understands the need for an
Improvements Agreement and he requested clarification regarding collateral. Mr. Pinkham stated
there is no collateral required with the Improvements Agreement. Mr. Groom asked the Board to
consider changing the requirement on COA #1.D regarding the Improvements Agreement to
stipulate one half mile of impact instead of one (1) mile due to the project being contained to one
side of the right-of-way. He further requested the Board to consider deleting COAs #1.6 and #1.C.
The Board agreed to the changes.
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HEARING CERTIFICATION - DCP OPERATING COMPANY, LP (USR17-0050)
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El Chair Cozad suggested the deletion of COA #1.E.16, and the Board agreed. In response to
Chair Cozad, Mr. Groom expressed concern over the language in COA #5.B, to which,
Commissioner Kirkmeyer suggested changing "The" to "Any." Both Mr. Groom and the Board
agreed the change corrected the concern.
Ei In response to Chair Cozad, Mr. Groom, on behalf of DCP Operating Company, LP,
indicated they have reviewed, and agree to abide by, the Conditions of Approval and
Development Standards, as amended.
Commissioner Moreno moved to approve the request of DCP Operating Company, LP, for
a Site Specific Development Plan and Use by Special Review Permit, USR17-0050, for a greater
than 12 -inch high pressure natural gas pipeline approximately seven (7) miles long (20 -inch
natural gas pipeline originating at the Godfrey Compressor Station [USR11-0005] and terminating
at the Mewbourn Gas Plant [5MJUSR17-83-0542]) 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 12:12 p.m.
This Certification was approved on the 18th day of December, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD CO. NTY, COLORADO
ATTEST: ddilLet)
jej_;eik
Weld County Clerk to the Board
BY:
Deputy Clerk to th
APPROVV AS TO
ttorney
Date of signature: O/ -/O -/8
Cozad, Chair (/
Steve Moreno, Pro -Tern
EXCUSED DATE OF APPROVAL
Barbara Kirkmeyr
2017-3903
PL2508
ATTENDANCE LIST
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