HomeMy WebLinkAbout20173287.tiffHEARING CERTIFICATION
DOCKET NO. 2017-75
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR17-0032, FOR A GREATER THAN 12 -INCH HIGH PRESSURE NATURAL GAS
PIPELINE (20 -INCH) APPROXIMATELY 15.2 MILES LONG IN THE
A (AGRICULTURAL) ZONE DISTRICT - DISCOVERY MIDSTREAM PARTNERS, LLC
A public hearing was conducted on October 4, 2017, at 10:00 a.m., with the following present:
Commissioner Julie A. Cozad, Chair
Commissioner Steve Moreno, Pro -Tern
Commissioner Sean P. Conway - EXCUSED
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 August 17, 2017, and duly published
August 22, 2017, in the Greeley Tribune, a public hearing was conducted to consider the request
of Discovery Midstream Partners, LLC, for a Site Specific Development Plan and Use by Special
Review Permit, USR17-0032, for a greater than 12 -inch high pressure natural gas pipeline
(20 -inch) approximately 15.2 miles long in the A (Agricultural) Zone District. Bob Choate,
Assistant County Attorney, made this a matter of record.
ft Chair Cozad reviewed, for the applicant and the public, the procedures to follow should the
case result in a tie vote due to four Commissioners being present and one Commissioner
excused.
El Kim Ogle, Department of Planning Services, presented a brief summary of the proposal
and reviewed the Phase One approval. He clarified the current application is for Phase Two and
he reviewed the preferred route for the proposed pipeline. Mr. Ogle reported the proposed pipeline
is located within the three (3) mile referral areas of the Cities of Brighton, Dacono, and Fort Lupton;
the Town of Lochbuie; and, Adams County. He reviewed the referral responses from the
aforementioned jurisdictions. He further stated the applicant has negotiated the necessary private
easements and rights -of -way and he reviewed the crossings and areas where future construction
would require a Flood Hazard Permit. Mr. Ogle stated a site assessment of vegetation, wildlife,
wetlands and special status species, and a cultural study have been completed and the Colorado
Department of Parks and Wildlife did not return a referral response. He reviewed mitigation
measures to include boring under all County roads and stated the safety benefits of the pipeline
GG' PL CMAl/ ISO), P£CHO)1 Hi(LL), CT(3CTJ)
I I / 1rj / 17
2017-3287
PL2493
HEARING CERTIFICATION - DISCOVERY MIDSTREAM PARTNERS, LLC (USR17-0032)
PAGE 2
versus truck traffic. Mr. Ogle explained the applicant has submitted an Emergency Action and
Safety Plan, the pipeline will be monitored 24/7 by use of the SCADA system and operators at
the main station who are trained in emergency response procedures. He reviewed the routine
maintenance schedule, centerline markers and design features. Mr. Ogle reported the details of
the neighborhood meeting held March 8, 2017. He stated staff sent out 42 referrals and received
five responses with comments that have been considered and incorporated in the Conditions of
Approval and/or Development Standards. He further reviewed correspondence received from
surrounding property owners and stated most were requesting general information. He presented
a site map of the pipeline layout 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 he listed off the County maintained roadways where
the pipeline will cross. He further provided the crossing areas maintained by the City of Brighton
and the Colorado Department of Transportation. Mr. Pinkham stated the traffic narrative indicated
two to three monthly trips to various locations along the pipeline and stated tracking control is not
required.
Hayley Balzano, Planning Services Engineer representative, presented the drainage and
grading requirements, stating pipelines are exempted from a drainage report and detention pond
design. She reviewed the Development Standards relevant to Engineering.
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 presented the
Air Permit requirement and stated Development Standards (DS) #10-16 address typical items
related to Environmental Health.
El Cory Jordan, applicant, provided a PowerPoint Presentation (Exhibit F) and began
introducing the local team and reviewing the background of the Company. He stated there have
been no safety incidents, asserted they keep commitments to property owners and clarified
prevention is the key to safety which begins with construction. Mr. Jordan reviewed the safety
features of pipeline design, operations, mapping and construction procedures. He referred to
other pipelines they have received permits for and have installed, explained the selection process
for proposed routes, defined the benefits of pipelines versus truck traffic and expressed the desire
to be a good neighbor and a good economic partner. He further stated ninety percent of the
employees for this process are local hires. In response to Commissioner Moreno, Mr. Jordan
stated there is a 12 -inch pipeline that currently comes into the plant site; however, this pipeline
will be a 20 -inch pipeline coming from the west. In response to Commissioner Kirkmeyer, Mr.
Jordan stated Discovery will bury the pipeline four feet below the surface which surpasses the
code requirement of three feet.
Ed Engle, surrounding property owner (SPO), stated his property borders Discovery's
property. He stated the plant can produce 60 million cubic feet a day, the flow they currently
receive is 20 million cubic feet, and the proposed pipeline will provide the remaining 40 million
cubic feet to supply this plant to full capacity. He stated he is opposed to this pipeline due to
2017-3287
PL2493
HEARING CERTIFICATION - DISCOVERY MIDSTREAM PARTNERS, LLC (USR17-0032)
PAGE 3
pressure increases in the future. He also expressed his Homeowner's Association is opposed to
the future plant. In response to Commissioner Moreno, he explained the negative impacts to the
neighborhood during construction of the plant and the first pipeline to include dust and traffic. In
response to Chair Cozad, Mr. Engle pointed out the subdivision on the map as being in close
proximity to the plant. Chair Cozad reminded Mr. Engle that this case is regarding approval of the
pipeline.
• Nancy Pew, SPO, stated when she moved to the country she knew the open land would be
filled someday with housing and possibly a school but she had no idea there would be a gas plant.
She reviewed the negative impacts from the existing plant and pipeline construction and her
concern is the proposed pipeline will promote a plant expansion. In response to Chair Cozad,
Mr. Choate explained the parameters of today's case. Commissioner Kirkmeyer clarified the
connection and stated she is willing to hear the related comments.
m = Dawn Pettinger, SPO, stated her property is also adjacent to the gas plant and cited her
concerns regarding this pipeline. She requested the applicant answer this question: Does the
current pipeline have the capacity to bring the plant to full capacity? If so, then the proposed
pipeline is not needed.
• Michael De Santi, SPO, began by thanking the Commissioners for the gas sensors. He
provided photos, marked Exhibit E, of the high value homes that are adjacent to the gas plant and
expressed the homeowners are not happy about more pipelines or a future gas plant. He
explained the threat of flammable material being so close to their homes and his concerns with
safety in light of the small fire departments that potentially could be called to assist. In response
to Commissioner Kirkmeyer, Mr. De Santi stated the location of the community meeting and he
explained due to the distance requirement for notification, there were only seven notifications for
the entire subdivision. He expressed there would be 45 folks here in opposition if they didn't have
to work.
._ = In response to the public comment, Mr. Jordan explained the current pipeline is a critical
piece of what has already been approved and this pipeline will bring the existing plant to full
capacity. He addressed safety concerns. Mr. Jordan explained the traffic and dust is due to the
completion of the cryogenic facility that should be installed today and operational in four to six
weeks. In response to Commissioner Kirkmeyer, he stated he is unsure regarding potentially
adding compressors. He displayed a map and explained the pipeline proposed today is to
complete what has already been approved. In response to Commissioner Moreno, Mr. Jordan
reviewed safety measures and pipeline shut-off valves.
le Commissioner Kirkmeyer reviewed her concerns regarding this being one of four related
USRs and approval today may give the appearance of future approval to follow. She further read
some of the concerns from the surrounding property owners.
Commissioner Freeman asserted the compressor station is in place and is approved for
60 million cubic feet per day and the proposed pipeline today completes the project with the other
40 million cubic feet and anything else in the future is a separate issue. He clarified approval today
2017-3287
PL2493
HEARING CERTIFICATION - DISCOVERY MIDSTREAM PARTNERS, LLC (USR17-0032)
PAGE 4
completes what was initially approved. Commissioner Kirkmeyer stated some of what is being
presented is disingenuous. Commissioners Freeman and Cozad agreed they recall this additional
pipeline being discussed as the second part of Phase One. Mr. Jordan interjected at the time
they had one customer and now they have a second customer prompting the production on the
western side. After further discussion by the Board, Chair Cozad requested input from Mr. Choate.
• Mr. Choate clarified the Code parameters for consideration of the testimony presented today.
• Commissioner Kirkmeyer asserted, for the record, that if this application is approved today,
there is no guarantee for approval on future USRs. Commissioners Freeman and Cozad agreed.
_ Mr. Jordan clarified Discovery never intended to piecemeal these projects, it has been a
response to ongoing and diverse growth.
Commissioner Kirkmeyer clarified with staff and the applicant that dust, tracking, boring,
setbacks, easements and surface use agreements are all addressed in the Resolution. In
response to Commissioner Kirkmeyer, Mr. Ogle stated the City of Brighton did not return a referral
response. After further discussion on the aforementioned, there were no changes to the
Resolution with the exception of changing Fire District to be plural on Development Standard
(DS) #3.
Ea In response to Chair Cozad, Mr. Jordan indicated the applicant has reviewed, and agrees
to abide by, the Conditions of Approval and Development Standards, as amended.
• Commissioner Freeman moved to approve the request of Discovery Midstream Partners,
LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0032, for
a greater than 12 -inch high pressure natural gas pipeline (20 -inch) approximately 15.2 miles long
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 Moreno, and it carried unanimously.
Commissioner Kirkmeyer expressed her reasons for voting to support this application, extended
her appreciation for the public input, and clarified again that because this application was
approved today does not mean future USRs will be approved. There being no further discussion,
the hearing was completed at 11:54 a.m.
2017-3287
PL2493
HEARING CERTIFICATION - DISCOVERY MIDSTREAM PARTNERS, LLC (USR17-0032)
PAGE 5
This Certification was approved on the 9th day of October, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: G. jdto;eik.
Weld County Clerk to the Board
BY: OO,2„.0_, CZ, .1 L(1
4De ty Clerk to the Board
APPROVED AS
ounty Attorney
Date of signature: ( o/3i /17
J
JTe A. Cozad, Chair
Steve Moreno, Pro -Tern
EXCUSED
Sean P. Conway
Freeman
2017-3287
PL2493
ATTENDANCE LIST
DATE: 10-Sl-.26/
NAME - PLEASE PRINT LEGIBLY
EMAIL
ADDRESS
COUNTY OF RESIDENCE
SPEAKING? (YIN)
'jZi714/' ''*'/5 F.(S-ST
d o -fee e a ,e)
aonVie,
At l4O1 (?1/19, ,qt -53v
r 4- "
l 4:1k2 c'efe:,(
She r 1 /Lc)cr., ri Li r1
h ri./0(7.kknocir) 2u>74`ft.itr,,,,,,,CorY)
..5 07e4W 2
/7 -.'''''''Vai/
fir(kg-Df„.„ ER 4
dA4C_Cr€SLi(F,a//Igo
lco,i
i ��
el
Vcs,
..„...._......„...._____-..----''''-7
rks6 {�,
et, et, te-cv= "4a,
/z3/ttCio N. k.
LA./ 1 b
Yle,S
Rail,v 4 ))41.-171
7g b C A 2-1
���
WL,
k IYc-ic Pte,-
112130 � r-Scr
U:167(.4")
NANCY PE
1'I 2 �rl.C c 't-
C et,c)
.Ot1w1,��'��1 0 Cry e_
D w I I o5 € Avg- aGO��
11 I Zv �Ai..C oN �e_
w L�Lb.
2
C r d J :A ,vt-,
Cory.'()c4,s0A/e . ,iS1`r
.01O, c -C N. l' p)"- (11,-,
AC{dl'✓!>
(liE—.5
O. L t 1,to rl,
0 aco d.e s coh -4 e t-i
ecs-440-‘4,.. , 4-`•
:.S avv\' -i Lo, v e i (-e--,
I‘ ., e ,2.,n-Ar5, wc<=--- c?.. b7-
;_t :-_ L rr 11 i',„..„_,
(lkA / k.--
tk,v
I
Oct e✓ 1 ...irCA L^ -C--
�.J
1-1 ✓✓) p:—rR )S -4c-- CG -,e),--,---
c,-,\ sG ( I' z5 C. 4'
(C' .1,- C,&'
PD
)It. a e rti
-0,ry _ — 1. ' _c..,
)
Zi..7tr.i..--c)
y i
— 7
'OM Ad 14 Ta 0
/,(--T a- i' ) L7
i/v tv
, - ."0--,/),,,,,,,../
6-4 _ ,,,/f) / 7
h.., - cf. //e-:-/
Cr
Hello