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HomeMy WebLinkAbout20173299.tiffHEARING CERTIFICATION DOCKET NO. 2017-78 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR17-0034, FOR A GREATER THAN 12 -INCH HIGH PRESSURE NATURAL GAS PIPELINE APPROXIMATELY 15.1 MILES LONG IN THE A (AGRICULTURAL) ZONE DISTRICT - GREEN RIVER DEVCO, LP A public hearing was conducted on October 11, 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: = I hereby certify that pursuant to a notice dated August 31, 2017, and duly published September 5, 2017, in the Greeley Tribune, a public hearing was conducted to consider the request of Green River DevCo, LP, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0034, for a greater than 12 -inch high pressure natural gas pipeline approximately 15.1 miles long in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of record. Chair Cozad stated for the record that she has no conflicts of interest with Noble Energy or Tetratech, has had no discussions regarding this case with either the applicant or the applicant's representative, and can make an impartial decision for today's hearing. Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and reviewed the proposed pipeline route. He reported the pipeline will be monitored by a Supervisory Controlled and Data Acquisition System (SCADA) and he reviewed the County road crossings and various property easements, and the requirement for an Emergency Action and Safety Plan. Mr. Ogle stated staff sent referrals to 19 agencies and received five (5) with comments that have been considered in the Conditions of Approval and Development Standards. He reported no other correspondence received regarding this application. He displayed images of the site and surrounding views and entered the favorable recommendation of the Planning Commission into the record as written. cc PLCK0fmih),PECH6),Ht.cu.),e.TgCTT) It/ a/ f 7 2017-3299 PL2495 HEARING CERTIFICATION - GREEN RIVER DEVCO, LP (USR17-0034) PAGE 2 Evan Pinkham, Public Works Department representative, provided a brief overview of the transportation plans and requirements and provided a list of the County road crossings and the easement crossings. He stated there is no tracking control required; however, the applicant will be required to obtain a Right -of -Way Crossing Permit and Access Permits, if applicable. In response to Commissioner Kirkmeyer, Mr. Pinkham confirmed the applicant is boring under all County roads. El_ Hayley Balzano, Planning Services Engineer representative, presented the drainage and grading requirements, stating pipelines are excepted from drainage reports and detention pond design requirements. She stated portions of the pipeline will cross the floodplain and a Flood Hazard Development Permit will be required for any development in the flood plain. She reviewed the typical Development Standards related to Engineering. Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions, stating the use of portable toilets are acceptable along the construction route. She further stated the applicant will be required to obtain an Air Pollution Emission Permit if disturbing more than 25 acres. She stated Development Standards (DS) #11-17 address Environmental Health items. Pam Hora, TetraTech, represented the applicant and referred to the location as the Mustang Integrated Development Plan (IDP) Area and she described the route, compressor station and processing to be used. She further described the lengths and diameters of each portion of the pipeline along the route and the coverage requirements in relation to depth and boring under County Roads (CR). Ms. Hora reviewed the road crossings and rights -of -way, and explained the Flood Hazard Development Permit will be acquired prior to construction. She stated minimization of impacts led to the route selection, easements have been acquired and vary in width, dust will be controlled, surface disturbances will be regraded and revegetated as needed, and drainage has been addressed. She described safety efforts to include awareness utilizing pipeline markers with contact information, use of the "one call system," and also use of the SCADA system to constantly monitor the integrity of the pipeline and communicate operations to the central control center staffed to handle day-to-day operations. Ms. Hora reviewed the importance of protecting the environment and stated the applicant submitted a SWCA Environmental Consultants Biological Survey Report and an Aquatic Inventory Report. She stated the applicant performed neighborhood outreach to all property owners within 500 feet of the pipeline and only received one phone call inquiry. In response to Commissioner Moreno, Ms. Hora stated the required depth for pipeline burial is 30-36 inches generally; however, under CR 49 the boring depth will be 20 feet. In response to Commissioner Conway, Mr. Pinkham stated the minimum boring depths and confirmed the boring depth of 20 feet under CR 49 will suffice. He further stated the applicant will complete the Right -of -Way Use procedures and will be required to meet County stipulations. No public testimony was offered concerning this matter. In response to Commissioner Kirkmeyer, Robert Smetana, Project Manager from Green River DevCo, stated the compressor stations are operated by a third party and he is not aware if they are all permitted. In further response, Mr. Smetana stated they have discussed the application with the South East Weld County Fire District and invited them to oversee construction 2017-3299 PL2495 HEARING CERTIFICATION - GREEN RIVER DEVCO, LP (USR17-0034) PAGE 3 and operation. Mr. Smetana reported only a few property owners that still need to sign the easement agreements and all property owners are in agreement. In response to Commissioner Kirkmeyer, Mr. Pinkham stated the boring requirement is included with the Right -of -Way Permit procedure. Commissioner Kirkmeyer requested a Development Standard to ensure a minimum boring depth. Mr. Smetana listed the boring and right-of-way requirements that have been provided by staff and stated they are in agreement. In response to Commissioner Conway, Mr. Smetana provided the total number of property owners impacted. The Board had discussion regarding depth of boring for all County roads. Commissioner Kirkmeyer amended Development Standard (DS) #5 to reflect the timeframe during construction. Ms. Hora interjected a corrected number of property owners. Mr. Choate suggested language for a new DS #6 to read, "The pipeline shall be bored a minimum depth of 15 feet for all County road crossings, except for CR 49, which shall be bored a minimum of 20 feet." In response to Chair Cozad, Mr. Ogle clarified the Conditions related to utilities. Chair Cozad reviewed the changes for the applicant. In response to Chair Cozad, Ms. Hora, on behalf of Green River DevCo, LP, indicated they have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as amended. tirm In response to Commissioner Freeman, Elizabeth Relford, Public Works representative, clarified the required depth of boring per Public Works and confirmed this is addressed during the process to obtain a right-of-way permit. In response to Commissioner Kirkmeyer, the applicant stated they are in the process of acquiring the right-of-way permits and they agree to the Board's requirements. In response to Chair Cozad, Ms. Hora, on behalf of Green River DevCo, LP, again indicated they have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as amended. El Commissioner Kirkmeyer moved to approve the request of Green River DevCo, LP, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0034, for a greater than 12 -inch high pressure natural gas pipeline approximately 15.1 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 amended and entered into the record. The motion was seconded by Commissioner Moreno. Commissioner Kirkmeyer stated, for the record, that if this is approved today it does not infer any future approval. The motion carried unanimously. There being no further discussion, the hearing was completed at 10:41 a.m. 2017-3299 PL2495 HEARING CERTIFICATION - GREEN RIVER DEVCO, LP (USR17-0034) PAGE 4 This Certification was approved on the 16th day of October, 2017. ATTEST: dart/4A) G •t1 Weld County Clerk to the Board BY: a.,.F y Clerk to the Board AP". 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