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Home My WebLink About20173797.tiffHEARING CERTIFICATION DOCKET NO. 2017-102 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR17-0053, FOR A 24 -INCH HIGH PRESSURE NATURAL GAS PIPELINE APPROXIMATELY TWO (2) MILES IN LENGTH IN THE A (AGRICULTURAL) ZONE DISTRICT — KERR-MCGEE GATHERING A public hearing was conducted on December 6, 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, Chris Gathman 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 November 3, 2017, and duly published November 8, 2017, in the Greeley Tribune, a public hearing was conducted to consider the request of Kerr-McGee Gathering, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0053, for a 24 -inch High Pressure Natural Gas Pipeline approximately two (2) miles in length in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of record. ▪ Chris Gathman, Department of Planning Services, presented a brief summary of the proposal and stated this portion of the proposed pipeline is phase one and ends at the north end of the jurisdiction of Johnstown and that the rest of the pipeline future phases will eventually connect to the St. Vrain processing station. He described the pipeline route to include rights -of -ways and easements within the three (3) mile referral area of the Towns of Johnstown, Milliken, Mead and Berthoud, and adjacent to the Town of Johnstown, and he reviewed the referrals from these jurisdictions. Mr. Gathman reviewed the applicant's intent to return the land to its original state after construction to include back filling trenches, adding topsoil, grading, and compensating land owners for any loss of crops. He further stated the applicant will bore under roads and utilize Best Management Practices (BMPs) during construction to include erosion and dust suppression and stormwater management. He reported a total of 22 referrals were sent out with ten (10) responses received and considered regarding Conditions and Development Standards. Mr. Gathman displayed the pipeline route map and entered the favorable recommendation of the Planning Commission into the record as written. G.G!PLC 002tMrn),P£CHB), �HCLL.N.CTBCTT) cQIo5/ t r 2017-3797 PL2509 HEARING CERTIFICATION - KERR-MCGEE GATHERING (USR17-0053) PAGE 2 le Evan Pinkham, Department of Public Works representative, provided a brief overview of the transportation plans and requirements, as well as the list of County roads the pipeline crosses or is adjacent to and defined them all as gravel roads. He stated the project requires an Improvements Agreement during the construction period and Access Permits for access locations such as valves or laydown yards. Mr. Pinkham clarified the applicant shall submit evidence of a Right -of -Way Permit or Special Transport Permit, as needed. In response to Commissioner Conway, Mr. Pinkham stated there are no approved Access Permits, at this time, and staff will work with the applicant to determine if these are needed. In response to Commissioner Kirkmeyer, Mr. Pinkham clarified the language on Development Standard (DS) #16, to which the Board agreed to remove the words, "...,such as County Road 49,". ka 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. • 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) #5-11 address Environmental Health items. • Shayelyn Marshall, Anadarko Petroleum, represented the applicant and stated they do not have a formal presentation but are happy to answer any questions. She clarified that as mentioned, this is a two (2) mile stretch of a longer pipeline and the reason for prioritizing this section of the pipeline is to accommodate the landowner's farming operation. Frank Wind, surrounding property owner, stated he originally signed an easement for an eight (8) -inch and a six (6) -inch pipeline and now they are changing it to a 24 -inch pipeline and he cited concerns with this large of a pipeline being close to homeowners and next to the Town of Johnstown and property values decreasing. In response to Commissioner Conway, Mr. Wind stated he owns Section 17 and considering it will be on his property, he does not understand the need for a 24 -inch line. In response to Commissioner Kirkmeyer, Mr. Wind explained the easement he signed. Chair Cozad stated the portion being approved through the County is not on his property. • In response to Chair Cozad, Ms. Marshall invited the Landman, Mr. Kershner, to address the comments. le John Kershner, Landman for Anadarko Petroleum, stated he does not have the agreement in front of him but the agreement does not specifically say what size of pipeline. In response to Commissioner Kirkmeyer, Mr. Kershner clarified the portion of the pipeline in Johnstown will be on Mr. Wind's property, but the portion proposed today will not be on his property. Commissioner Freeman clarified Mr. Wind's concerns need to be addressed with the Town of Johnstown. la Commissioner Kirkmeyer suggested deleting Conditions of Approval (COA) #1.B and #1.C. Chair Cozad agreed but recommended COA #1.C be deleted as a COA and added as a new DS. The Board agreed. Commissioner Kirkmeyer reminded the Board of removing the words, "...,such 2017-3797 PL2509 HEARING CERTIFICATION - KERR-MCGEE GATHERING (USR17-0053) PAGE 3 as County Road 49," from DS #16. Commissioner Freeman recommended deleting COA #1.H.8. The Board agreed to these changes. In response to Chair Cozad, Mr. Pinkham explained COA #1.A for an Improvements Agreement during the time of construction due to the number of trucks, issues with dust, and impact to County roads and neighbors. After further discussion, the Board agreed to require an Improvements Agreement for the construction period of the project and to require the applicant to obtain Access Permits and maintain the access(es) attributable to the applicant's construction areas to include tracking control and impacts within one (1) mile of construction. The Board agreed to waive any requirement for collateral, at this time, but agreed it is important to have a contact regarding the mud or dust impacts. In response to Mr. Choate, Chair Cozad clarified the Board will not require collateral at this time. • Chair Cozad reviewed the changes with the applicant. Nathan Kaiser, Anadarko Petroleum, stated he understands and supports the changes and explained they typically have tracking control and washing stations to limit impact. In response to Commissioner Conway, he agreed to the one (1) mile radius regarding the Improvements Agreement related to the construction period. • Mr. Choate provided language for COA #1.A — "An Improvements and Road Maintenance Agreement is required for off -site improvements at this location during construction of the pipeline. Road Maintenance may include dust control, tracking control and damage repair attributable to construction of the pipeline and located within one (1) mile of any construction access point for the project." • In response to Chair Cozad, Ms. Marshall indicated they have reviewed, and agree to abide by, the Conditions of Approval and Development Standards, as amended. • Commissioner Freeman moved to approve the request of Kerr-McGee Gathering, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0053, for a 24 -inch High Pressure Natural Gas Pipeline approximately two (2) 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 amended and entered into the record. The motion was seconded by Commissioner Moreno, and it carried unanimously. There being no further discussion, the hearing was completed at 10:39 a.m. 2017-3797 PL2509 HEARING CERTIFICATION - KERR-MCGEE GATHERING (USR17-0053) PAGE 4 This Certification was approved on the 11th day of December, 2017. BOARD OF COUNTY COMMISSIONERS WELD COI TY, COLORADO ATTEST: d,,omeA.) Weld County Clerk to the Board BY: ...a �...�_9-v Deputy Clerk t AP" .' ED AS T County Attorney Date of signature: 01-10 —l1 Jule A. Cozad, Chair Steve Moreno, Pro -Tern Sean P. Conway Y1' W % ^tc% Mike Freeman rbara Kirkmeyer 2017-3797 PL2509 ATTENDANCE LIST beiC-CIYUO-°. Zorq NAME - PLEASE PRINT LEGIBLY -.�.. .. ...„yr ,. :. .... vJ .!•Y�. t tf� ADDRESS, , .. .�n ..�.q 3 b� ,C'T'! :,. ... �}�.:�...,�...� , .,'...;,v Yi�'kw<'4.C `t•Y.n. o ,.,. ..k: •.,� . CITY, " � ^3 •'*,�.,{�,�. J�,y�.�'. ."'tT )±,�_"°i!,Y','a ','�. „LC',"i. ST, jy�g.� ..i�M 1y^ d� �' r u' + s L'k'' .. a .tai`,. ye .P!.. •` .YT.•, R• ��^, i'' .. �%. r. �••NSC "?` 1 r � r '. rEMAIL„,� '. y ,y. A"� a� �. �y1.v ..... 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