HomeMy WebLinkAbout20231221.tiffBOARD OF COUNTY COMMISSIONERS
PASS AROUND REVIEW
PASS AROUND TITLE: BOCC Agenda Item - Approve Road Maintenance During Construction Agreement
for: DCP Operating Company, LP — LAP23-0003
DEPARTMENT: Planning Services DATE: April 11, 2023
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the problemlissue:
The Department of Planning Services received a request from the applicant, DCP Operating Company, LP,
requesting that the Board of County Commissioners consider approving the Road Maintenance During
Construction Agreement for (LAP23-0003). No collateral is required with this agreement.
Weld County Planning Services, Public Works, Oil and Gas Energy, and the County Attorney's Office have
reviewed the above mentioned signed original document and observed the following:
All Public Works related items, of the "Road Maintenance Agreement According To Policy', are found
to be acceptable.
This Agreement complies with the terms of the LAP Permit conditional approval, as signed by the
Director of Oil and Gas Energy Department.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda.
2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda.
Recommendation:
Option 1. The Departments of Planning Services, Public Works, Oil and Gas Energy, and the County Attorney's
Office are recommending approval of the Road Maintenance Agreement According To Policy for LAP23-0003,
and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda.
Perry L. Buck, Pro-Tem
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Seine
Approve
Schedule
Recommendation Work Session Other/Comments:
; puto/STt-1)
5 ho 23 2023-1221
(80
5/i 7/a-3 O6-oeo3
Karla Ford
From:
Sent:
To:
Subject:
Approve
Kevin Ross
Kevin Ross
Monday, April 10, 2023 9:10 AM
Karla Ford
Re: Please Reply 5 -BOCC PA REVIEW - LAP23-0003 — DCP
From: Karla Ford <kford@weld.gov>
Sent: Monday, April 10, 2023 8:29:40 AM
To: Kevin Ross <kross@weld.gov>
Subject: Please Reply 5 -BOCC PA REVIEW - LAP23-0003 — DCP
Please advise if you approve recommendation. Thank you.
Karla Ford X
Office Manager, Board of Weld County Commissioners
1150 0 Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kford(c�weldgov.com :: www.weldgov.com
**Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.**
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you hove received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of
this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Jazmyn Trujillo Martinez <jtrujillomartinez@weld.gov>
Sent: Friday, April 7, 2023 11:28 AM
To: Cheryl Hoffman <choffman@weld.gov>; Daniel Mesa <dmesa@weld.gov>; Dawn Anderson
<dranderson@weld.gov>; Esther Gesick <egesick@weld.gov>; Karla Ford <kford@weld.gov>; Tom Parko Jr
<tparko@weld.gov>
Subject: BOCC PA REVIEW - LAP23-0003 -- DCP
ATTACHED BOCC PA REVIEW
Improvements Agreement: Road Maintenance During Construction Agreement
Case/Applicant: LAP23-0003 — DCP Operating Company, LP
Please note: Consent Agenda
Thank you and have a great weekend!
1
ROAD MAINTENANCE AGREEMENT ACCORDING TO
REQUIREMENTS DURING THE CONSTRUCTION PERIOD
DCP Operating Company LP — LAP23-0003
l'
THIS AGREEMENT is made this day of , 202,, by and between DCP Operating
Company LP, a limited partnership organized under the laws of t State of Colorado, whose address is 3026
6th Avenue, Greeley, Colorado 80634, hereinafter referred to as ' Operator," authorized to do business in the
State of Colorado , and the County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631
hereinafter referred to as "County."
WITNESSETH:
WHEREAS, Operator is the responsible party of the Location Assessment for Pipelines (LAP) permit
located on the following described property in the County of Weld, Colorado:
Located in Section 33, Township 5 North, Range 65 West
of the 6th P.M., Weld County, Colorado
hereinafter referred to as "the Property," and
WHEREAS, Operator has received conditional approval from the Director of the Oil and Gas Energy
Department for LAP23-0003, and
WHEREAS, the Operator facility will generate additional vehicles and heavy traffic directly associated
with LAP23-0003, for an extended period of time; and
WHEREAS, the County, and Operator are desirous of agreeing to terms involving regulation of
haul routes, traffic control, and road wear arising from such additional traffic.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants
contained herein, the parties hereto promise, covenant, and agree as follows:
Part I: SITE SPECIFIC PROVISIONS
A. Reserved
B. Haul/Travel Routes: Haul Route Roads are considered that length of roadway within 1/2 mile of
each access location and Right -of -Way (ROW) crossing of the pipeline.
C. Maintenance Requirements:
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1.0 Off -Site Dust Control/Abatement: The Operator is required to provide dust abatement along affected ;:
gravel Haul Route roads within 1/2 mile of each access location of the pipeline, as determined by the County.
County will determine the proportionate share of dust control to be paid by Operator. The amount and extent m3i
of dust control measures will be determined by site -specific conditions at the time, as determined exclusively
by County personnel. The County reserves the right to install traffic counters on the driveway(s) of the •« d�=
Operator's facility. The County will have sole responsibility for determination of the percentage of haul route
traffic on all affected roads. ..
43
2.0 Obligation to Maintain Current and Future Haul Routes: Operator will be financially responsible for Z. -t
the excavation, repair, and patching of any damage on current or future haul route roads, which in the sole d I V
DCP Operating Company LP — LAP23-0003 - RMCA23-0006
Page 1 of 6
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opinion of County has been created by vehicle traffic to and from the Property. Should Operator's site activities
or vehicle circulation patterns change in the future so that County approves an alternate haul route, and all or
a significant portion of Operator's sourced traffic no longer utilizes the above -described haul route and instead
utilizes other portions of County roads, Operator shall cooperate with County in maintenance of said roads
which are included within the new haul route. The type and method of repair will be determined by the County
Engineer or his representative. Repairs shall commence within 48 hours of notification by the County for any
roadway damage that exposes the driving public to adverse or unsafe driving conditions. All other repairs shall
commence within thirty (30) days of receipt of Weld County's written notice.
2.1 Need for Immediate Repairs: In the event of damage to an Approved Haul Route by Project traffic
that causes an immediate threat to public health and safety or renders the road impassible
("Significant Damage"), County shall, after inspection, notify Operator of such Significant
Damage. Operator shall identify the repair required and shall consult with County on the extent,
type, timing, materials and quality of repair (i.e. temporary versus permanent) within twenty-four
(24) hours after receipt of such notice and shall commence such repair within 48 hours after receipt
of such notice. If Operator identifies Significant Damage prior to receiving notice thereof from
County, Operator may commence repair of such Significant Damage and shall concurrently notify
County of the extent, type, timing, materials, and quality of repair (i.e., temporary versus
permanent).
2.2 In County's sole discretion, County may undertake the repairs and/or improvements. Operator's
payment for its Proportionate Share of the road repairs/improvements will be calculated as
described in this Agreement.
3.0 Proportionate Share of Road Maintenance Responsibilities:
3.1 Operator shall pay its Proportionate Share of costs of dust control/abatement, paving, repairs,
maintenance, improvements, or future road replacement of any particular Haul Route Road.
Operator's Proportionate Share shall be based upon the percentage of traffic on the road that is
attributable to Operator's facility. County personnel will determine the percentage based on then
current Equivalent Single Axle Load (ESAL) Counts. Operator shall not be responsible for traffic
that is not sourced from the Operator's facility.
3.2 The County shall notify Operator of County's preliminary determination and assessment of
Operator's proportionate share of costs. Prior to County's final determination and assessment,
County shall provide Operator with a reasonable opportunity to review, comment upon and
supplement County's data, collection methodology, and determinations. The County shall review
and consider Operator's input prior to making a final determination and assessment. The County
shall have sole responsibility for determination of Operator's proportionate share of costs.
Part II: General Provisions
2
8
- 7
A. General Requirements:
1.0 Permits. Operator must still apply for and abide by the terms of any necessary right-of-way ermits,
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grading permits, and building permits. No work may occur in the County's right-of-way without a County m3
issued right-of-way permit and access permit.
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1.1 Access Permits. Operator shall not use any access onto any County road unless and until an access Nat
permit has been issued by the Department of Planning Services. Planning Services may condition a£
the issuance of an updated access permit on the amendment of this Agreement if the updated access aaY
permit authorizes the use of an additional access point, or if there is a change in use of the current 4111 -
access point, as permitted by Article XIV of Chapter 8 of the Weld County Code.
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DCP Operating Company LP — LAP23-0003 - RMCA23-0006
Page 2 of 6
1.2 Right -of -Way Permits. Per Article XIII of Chapter 8 of the Weld County Code, any work occurring
within County ROW requires a ROW permit issued by the Department of Public Works. No work
shall occur without said ROW permit.
1.3 Transport Permits. Per Article XV of Chapter 8 of the Weld County Code, a Weld County Transport
Permit is required for Extra -legal vehicles using Weld County roadways to ensure the operation and
movement of Extra -legal Vehicles and Loads occurs in a safe and efficient manner.
2.0 Release of Liability: Operator shall indemnify and hold harmless the County from any and all liability
loss and damage County may suffer as a result of all suits, actions or claims of every nature and description
caused by, arising from, or on account of said design and construction of the pipeline, and pay any and all
judgments rendered against the County on account of any such suit, action or claim, together with all reasonable
expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability,
loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or
otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of
the County or its employees while acting within the scope of their employment.
3.0 Liability for Damage to Road. Operator shall be financially responsible for any and all damage caused
to any Weld County Road as a result of the installation, use, or maintenance of the pipeline through the
County's rights -of -way, without regard to the negligence, or lack thereof, of Operator or its agents. This
provision shall survive Termination of this Agreement pursuant to Section B.2.0, below, and shall be of no
further force and effect ten years after mutual execution of this Agreement.
B. Violations of Agreement and Remedies
1.0 Violation of Terms of Agreement: If in County's reasonable opinion, Operator has violated any of the
terms of this Agreement, County shall so notify Operator and shall state with specificity the facts and
circumstances which County believes constitute the violation. Operator shall have thirty (30) days within
which to either cure the violation or demonstrate compliance. Thereafter, County may seek any remedy
described in this Agreement or otherwise provided by law.
2.0 Termination of Agreement: Termination Event: This Agreement shall terminate upon the earliest of
the following events:
2.1 Cessation of all Permit Related Activities: Termination of this Agreement shall occur upon
Operator's complete cessation of all activities permitted by the LAP. A partial cessation of
activities shall not constitute a Termination of this Agreement, nor shall County's issuance of a
partial release constitute a Termination. Unless informed in writing by the Operator of cessation
of activities, and verified by the County, cessation shall be presumed if the County determines that
the LAP has been inactive for three (3) years.
2.2 Execution of Replacement Agreement: This Agreement shall terminate following County's
execution of a new Improvements Agreement with a new Operator or Operator who has purchased
the Property or has assumed the operation of the business permitted by the LAP, and intends to
make use of the rights and privileges available to it through the then existing LAP.
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2.3 Rescission of LAP: This Agreement shall terminate following County's rescission of Operator's `:t �-
LAP, except that the Operator shall only be released from this Agreement after the successful .LLo
completion of all improvements required under this Agreement. '' -i
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2.4 Completion of Construction: This Agreement shall terminate following Operator's completion of Lei::
construction of the facilities authorized by the underlying LAP. Operator shall notify the County d ��
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of completion.
i:9
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DCP Operating Company LP — LAP23-0003 - RMCA23-0006
Page 3 of 6
3.0 Rescission of LAP: Operator acknowledges that failure to comply with the material terms of this
Agreement constitutes cause to rescind the LAP, and County may exercise this option in its sole reasonable
discretion by proceeding with rescission under the then current provisions of the Weld County Code.
4.0 Court action: Upon notice of violation and failure to cure within the time permitted by this Agreement,
County may seek relief in law or equity by filing an action in the Weld District Court.
C. Miscellaneous Provisions.
1.0 Successors and Assigns:
1.1 Operator may not delegate, transfer, or assign this Agreement in whole or in part, without the prior
express written consent of County and the written agreement of the party to whom the obligations under
this Agreement are assigned. Consent to a delegation or an assignment will not be unreasonably withheld
by County. In such case, Operator's release of its obligations shall be accomplished by County's execution
of a new Improvements Agreement with the successor owner of the property.
1.2 County's rights and obligations under this Agreement shall automatically be delegated, transferred, or
assigned to any municipality which, by.andihrough annexation proceedings, has assumed jurisdiction and
maintenance responsibility over all roads affected by this Agreement.
2.0 Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without
such provision, to the extent that this Agreement is then capable of execution within the original intent of the
parties.
3.0 Governmental Immunity: No term or condition of this agreement shall be construed or interpreted as
a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the
Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
4.0 No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement
of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be
strictly reserved to the undersigned parties, and nothing contained in this Agreement shall give or allow any
claim or right of action whatsoever by ,any other person or entity not included in this Agreement. It is the
express intention of the undersigned parties that any person or entity, other than the undersigned parties,
receiving services or benefits under this Agreement shall be an incidental beneficiary only.
5.0 Entire Agreement/Modifications: This Agreement including the Exhibits attached hereto and
incorporated herein, contains the entire agreement between the parties with respect to the subject matter
contained in this Agreement. This instrument supersedes all prior negotiations, representations, and 8
understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement
may be changed or supplemented only by a written instrument signed by both parties.
6.0 Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until 81:
it has been approved by the Board of County Commissioners of Weld County, Colorado, or its designee. 1°e _r
7.0 Choice of Law/Jurisdiction: Colorado law, and rules and regulations established pursuant thereto, shall .I o g
be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or �.:7m,
incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. i a A a
In the event of a legal dispute between the parties, Operator agrees that the Weld County District Court shall ym
have exclusive jurisdiction to resolve said dispute. N
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8.0 Release of Liability. Operator shall indemnify and hold harmless the County from any and all liability inm a�
loss and damage County may suffer as a result of all suits, actions, or claims of every nature and description ANY .7.
DCP Operating Company LP — LAP23-0003 - RMCA23-0006
caused by, arising from, or on account of the design and construction of improvements, and pay any and all
judgments rendered against the County on account of any such suit, action or claim, and notwithstanding
Section 7.0 above, together with all reasonable expenses and attorney fees incurred by County in defending
such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of
the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from
the intentional torts or the gross negligence of the County or its employees while acting within the scope of
their employment. All contractors and other employees engaged in construction of the improvements shall
maintain adequate worker's compensation insurance and public liability insurance coverage and shall operate
in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and
health.
9.0 Attorneys Fees/Legal Costs: In the event of a dispute between County and Contract Professional,
concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney
fees and/or legal costs incurred by or on its own behalf.
10.0 Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra-
judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference
shall be null and void.
11.0 Authority to Sign: Each person signing this Agreement, and associated Exhibits, represents and
warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each
party represents and warrants to the other that the execution and delivery of the Agreement and the performance
of such party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal
agreement binding on such party and enforceable in accordance with its terms. If requested by the County,
Operator shalfprovide the County with proof of Operator's authority to enter into this Agreement within five
(5) days of receiving such request.
12.0 Acknowledgment. County and Operator acknowledge that each has read this Agreement, understands
it, and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached or
incorporated Exhibits, is the complete and exclusive statement of agreement between the parties and
supersedes all proposals or prior agreements, oral or written, and any other communications between the parties
relating to the subject matter of this Agreement.
13.0 Notwithstanding any other provision contained in this Agreement, for any conflict or potential conflict
between any term in this Agreement and the Resolution of the Board of County Commissioners approving the
underlying land use permit, the provisions of the Board's Resolution shall control. In the event of a discrepancy
between this agreement and the Weld County Code in effect at the time of the agreement, the terms of the
Weld County Code shall control.
4896323 Pages: 5 of 6
05/05/2023 11:40 AM R Fes :$0.00
Carly Koppel, Clerk and Recorder, Wald County , CO
DCP Operating Company LP — LAP23-0003 - RMCA23-0006
Page 5 of 6
OPERATOR: DCP Operating Company LP
Byuui
Name:
Title:
STATE OF COLORADO
County of Weld
Date:
SS.
The foregoing instrument was acknowledged before me this .,(1 day of Cif. ,
2023 by Lewis D• 14 "x, I o
WITNESS my hand and official seal.
LORRI ANN CARLSON
Notary Public
State of Colorado
Notary ID # 20054008501
My Commission Expires 03-02-2025
ea4A (LA"- e451-04&
Notary Public
WELD COUNTY:
ATTEST:
Weld C
BY:
daAgiv JCL); ok
• R ty Clerk to the B.
e��
f eputy Cle s to t u e Bo.
4896525 Pages: 6 of 6
00/00/2023 11:40 AM R Fee:$0.00
Carly Koppel, Clerk and Recorder, Weld County , CO
Mill PAC 110111,10.111i40/14141014 IMINI 1411111
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Freeman, Chair
MAY 0 12323
DCP Operating Company LP — LAP23-0003 - RMCA23-0006
Page 6 of 6
Contract Form
ew Cont
to
Entity Name*
DCP OPERATING COMPANY LP
Entity ID.
00040422
New Entity?
Contract Name. Contract ID
ROAD MAINTENANCE DURING CONSTRUCTION AGREEMENT 6825
DCP OPERATING COMPANY LP LAP23-0003
Contract Status
CTB REVIEW
Contract Lead*
JTRUJILLOMARTINEZ
Contract Lead Email
jtrujillomartinez@weldgov.c
om
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
ROAD MAINTENANCE DURING CONSTRUCTION AGREEMENT DCP OPERATING COMPANY LP LAP23-0003 NO COLLATERAL
REQUIRED
Contract Description 2
Contract Type*
AG REEM ENT
Amount*
$0.00
Renewable*
NO
Grant
Department
PLANNING
Department Email
CM-Planning@weldgov.com
Department Head Email
CM-Planning-
DeRtHead42'weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATTORNEY@WELDG
OV.COM
If this is a renewal enter previous Contract ID
ter NSA Contract ID
Requested BOCC Agenda
Date*
04/19/2023
Due Date
04115;2023
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be inducted?
NO
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
OnBase
Effective Date
Review Date.
04/19/2024
Renewal Date
Termination Notice Period
Committed Delivery Date
Expiration Date'
04/19/2025
Purchasing
Purchasing Approver
Approval Proccess
De nt Head
TOM PARK° JR.
DH Approved Date
04/14/2023
Final Approval `
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
05/01/2023
Originator
JTRUJ I LLOMART1 NEZ
Finance Approver
CHERYL PATTELLI
Purchasing Approved Date
Finance Approved Date
04,14/2023
Tyler Ref #
AG 050123
Legal Counsel
BRUCE BARKER
Legal Counsel Approved Date
04/15/2023
DCP Midstream
Bross Federal Pipeline Project
January 2023
LAP SUMMARY REQUIREMENTS
Sec. 21-6-220.A.2. Summary Requirements. The Applicant shall provide a summary statement
of the project to include the following information. Provide relevant, site -specific information that
addresses each topic. If a topic does not pertain to the Pipeline being proposed, provide an
explanation as to why the topic does not apply.
A. A general description of the pipeline, including the product(s) or substance(s) being
transported, the source and terminus or end point, the total length of route, the type
of pipe including width, and any supporting equipment involved.
DCP is planning to construct, own, and operate the Bross Federal Pipeline (Project). This
Project is an approximately 0.35 mile, 16 -inch diameter natural gas steel pipeline that connects
PDC's Bross Federal Pad (WOGLA19-0028) to an existing DCP pipeline. The Project includes
one 25' x 40' launcher valve site at the Bross Federal Pad and one 20' x 45' receiver valve site at
the connection to DCP's existing pipeline.
The Project is located entirely within unincorporated Weld County and will be constructed within
the following Township, Range and Sections:
• Section 33 Township 5 North Range 65 West
The Project's total construction Right of Way (ROW) will be 80 feet wide, and the permanent
easement will be 30' feet wide. The pipeline will be installed at a nominal depth of 4 feet below
the surface, except where bored deeper under roads or railroads. For the purposes of this
application, the ROW is defined as the right to cross the property and does not indicate Fee
ownership.
The maximum allowable operating pressure (MAOP) of the pipelines will be 400 pounds per
square inch gauge (psig) with a normal operating pressure between 250 psig.
B. A description of the pipeline route and reason for its selection.
The Project originates at the PDC's Bross Federal Pad (40.356171°/-104.669635°) and heads
directly east for 0.06 mile. The pipeline then heads north 0.13 mile and then northwest for 0.04
mile as it routes around an existing well site. Next, the pipeline heads northeast for 0.07 miles
and then northwest for 0.03 miles as it will cross under the UPRR railroad. The route then heads
southwest for 0.002 mile, then south east for 0.01 mile, and finally southwest for 0.01 mile where
it will terminate at the receiver valve site and connect to DCP's existing pipeline (40.359269° / -
104.667803°).
2
DCP Midstream
Bross Federal Pipeline Project
January 2023
The pipeline does not cross any county roads or county -owned right-of-way. The Project is not
located within a floodplain and no wetlands, streams, or irrigation ditches will be crossed by the
Project. The Project is located within both the La Salle and Evans Intergovernmental Agreement
Areas.
The Project route was selected as the preferred route as it balances environmental sensitivity,
operational efficiency, cost minimization, landowner approval, and is located near exiting oil and
gas infrastructure. DCP has brought forth this alignment as the preferred route as it helps meet
the operational needs of the Project while minimizing impacts to the surrounding community and
environment.
C. Procedures to be employed to minimize adverse impacts of the proposed pipeline
route.
While adverse impacts associated with the Project are not anticipated, DCP has procedures in
place to address impacts if they occur. The DCP right of way team will work to address any
adverse impacts to properties. This includes reclamation, reseeding, and addressing potential
subsidence concerns. Dust control practices such as limiting the vehicle speed on all unpaved
roads and watering roads as necessary. Upon successful completion of construction, disturbed
areas will be seeded with native grasses to encourage vegetation growth and soil stabilization.
Should a spill or or release occur, DCP will implement the Emergency Response Action Plan
(ERAP) developed for this Project. All spills will be cleaned up immediately after discovery and
reported to the appropriate agencies, in accordance with applicable regulations. A copy of the
ERAP is provided with this application.
D. An outline of the planned construction phase, including the startup and
commissioning schedule, to include the number of stages and timing of each. The
county acknowledges that this outline is subject to change, due to factors including,
but not limited to, contractor availability, weather, ability to close right-of-way tracts,
and the timing of third -party facility completion.
Typical pipeline construction methods will be implemented. The overall duration is estimated to
take two months. Construction duration can be impacted by weather events, specific landowner
timing requirements, and availability of crews due to other pipeline projects in the area.
Construction methods include:
Survey — The Pipeline alignment and workspace limits will be identified prior to
construction activities. Duration: approximately 1 week or less.
Clearing and Grading — The temporary construction ROW will be cleared of trees and
obstructions and graded to a relatively flat surface to accommodate construction
equipment. Duration: approximately 1 week or less.
3
DCP Midstream
Bross Federal Pipeline Project
January 2023
• Trenching — The Pipeline trenches will be excavated to provide a depth of cover required
by the USDOT, Weld County or DCP Standards. Duration: approximately 1 week.
• Pipe Stringing and Laying — Pipe segments will be strung along the ROW parallel to the
trench, and will be bent (where required), welded, and lowered -in to the trench. Duration:
approximately 1 week.
Backfilling and Grading — Once the pipeline is installed in the trenches, subsoil will be
replaced into the trench. Topsoil that was segregated during grading operations will be
placed over the subsoil. Duration: approximately 1 week.
Hydrostatic Testing — The Pipeline will undergo hydrostatic testing to ensure its integrity.
Duration: less than one week.
Restoration - The ROW will be re -graded to its preconstruction contour and seeded to
facilitate revegetation or left fallow per the landowner's request. Duration: approximately
1 week.
DCP intends to initiate construction of the Project in April 2023, once the LAP approval is issued.
The construction start date is dependent on receiving all required permits or approvals, landowner
timing restrictions, and the status of other DCP pipeline construction projects.
E. Information on any public meeting conducted, to include the location, date, time,
attendance, and method of advertising. Such meetings are not required but are
recommended by the OGED to encourage communication between an applicant and
the community.
No public meetings pertaining to this Project have been held. However, DCP has met with the
landowners crossed by the pipeline to discuss the Project. Copies of the existing agreements are
included with this application package. All agreements will be in place prior to construction of the
Project.
F. A description of the hazards, if any, such as fire, explosion, or other dangers to the
health, safety, and welfare of the operator's employees and the public.
Transporting oil and gas products via pipeline is generally safer than other modes of transport.
There is some small risk of an accident in which the integrity of the pipeline may be compromised
resulting in a release of gas.
4
DCP Midstream
Bross Federal Pipeline Project
January 2023
DCP maintains a monitoring system that includes a gas control center that continually tracks
pressures, flows, and deliveries on its entire system. The gas control center is staffed 24 hours a
day, 7 days a week, 365 days a year. DCP also staffs area offices near the pipeline route with
personnel who can provide the appropriate response to emergency situations, notify public safety
officials, and direct safety operations as necessary. DCP's pipeline systems are equipped with
remotely controlled valves that can be operated from the gas control center. In the event of an
emergency, the valves allow for a section of the pipeline to be isolated from the rest of the system.
Data acquisition systems are also present at all DCP's meter stations. If system pressures fall
outside of a predetermined range, an alarm is activated, and notice is transmitted to the gas
control center.
Routine aerial and ground inspections are conducted by DCP personnel or contractors. These
inspections allow DCP to identify soil erosion that may expose the pipeline; dead vegetation that
may indicate a leak in the line; unauthorized encroachment on the ROW by a third party; or other
conditions that may lead to a safety hazard and/or require preventative maintenance or repairs.
In addition to DCP's monitoring and valve cutoff systems, DCP will clearly mark the Pipeline
centerline with markers placed at line of site intervals, and at road and railroad crossings. The
markers will clearly indicate the presence of a gas pipeline and will provide a telephone number
and address where a company representative can be reached in an emergency or prior to any
excavation around the pipeline. In addition, DCP participates in the "One Call" system. "One call"
systems serve as the clearinghouse for excavation activities that are planned close to pipelines
and other underground utilities.
A Weld County Emergency Response Action Plan (ERAP) has been developed for this Project
and is included with this application package. DCP employs highly trained operators and
contractors and maintains close working relationships with all emergency response personnel.
DCP also participates in a continuing education program to enable customers, the public,
government officials, and those engaged in excavation activities to recognize a gas pipeline
emergency and report it to the appropriate authority.
The Pipeline does not cross any known geologic hazards.
G. A decommissioning plan to address whether or not the pipeline will be removed from
the ground and if not, how the pipeline will be properly cleaned, capped, and
maintained.
If any portion of the Pipeline is decommissioned, that portion will be cleaned, isolated, and
abandoned in place or removed per all State and local regulations and per the landowner
agreement.
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DCP Midstream
Bross Federal Pipeline Project
January 2023
H. A description of any haul route(s) utilized during the construction phase, identifying
the roads and bridges involved, expected traffic volumes, and the weight of the loads.
DCP Midstream will utilize State Highways and paved roads whereas possible, as these are
typically built for larger vehicles. Pipe will be delivered directly to the site from the pipe contractor.
DCP Midstream will also obtain any overweight/oversized permits if necessary. Access
applications are included in Attachment F of this LAP application package.
Construction Vehicle Details
• 12" with 42-44' pipe joint length
• Approximately 0.35 mile of pipeline
• Approximately 47 total joints of pipe
• 10 joints per pipe truck
• Pipe trucks will be less than 80,000 lbs per load per DOT requirements
• Approximately 5 pipe delivery trucks will will be required during the construction period
with an average of 3 trucks per day. Additional welding and construction personnel
vehicles will also access the site.
Post -Construction Vehicle Details
Occasional truck activity for monthly pigging and measurement technicians. There would be 4-5
pickup trucks on site during this work.
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