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LAND USE APPLICATION
SUMMARY SHEET
Diana Aungst Hearing Date: July 21, 2020
USR18-0130
City of Thornton, Colorado
c/o Brett Henry — Executive Director Infrastructure Department
12450 Washington Street
Thornton, Colorado 80241-2405
Jacobs Engineering
c/o Jody Henry
717 17th Avenue, Suite 2750
Denver, Colorado 80202
A Site Specific Development Plan and Special Review Permit for a greater than 16 -
inch raw domestic water pipeline (permanent forty-two (42) inch pipeline and
associated appurtenances, including but not limited to, one (1) -million gallon water
tank, two pump stations, buried valve assemblies, access manways, and fiber optic
cable and temporary construction easements) in the E (Estate) Zone District, the A
(Agricultural) Zone District, and the RUA (Regional Urbanized Area) Zone District.
The pipeline crosses Sections 4, 5, 8, 9, 16, 17, 20, 21, 28, 29, 32, and 33 Township
1 North;
Sections 4, 8, 9, 16, 17, 20, 29, 32, and 33 Township 2 North;
Sections 5, 8, 17, 20, 28, 29, and 33 Township 3 North;
Sections 6, 19, 20, 29, and 32 Township 4 North;
Sections 6, 7, 18, 19, 30, and 31 Township 5 North;
Sections 6, 7, and 18 Township 6 North;
Sections 6, 7, 18, and 19 Township 7 North; and
Sections 19, 30, and 31 Township 8 North;
All in Range 67 West of the 6th PM, Weld County Colorado.
Location: North of CR 2, South of CR 94, East of CR 13, and West of CR 19
Size of Pipeline 50 -foot permanent easement and
Easement: 40 -foot temporary easement
Approximate permanent easement: +/- 206 acres
Parcel Nos. Multiple
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-510 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
Colorado Parks and Wildlife, referral dated May 27, 2020, January 7, 2019, and October 22, 2018
Town of Firestone, referral dated May 28, 2020
Greeley -Loveland Irrigation Company, referral dated May 28, 2020
USR18-0130 — Thornton Water Pipeline
Page 1 of 41
V V V V V V V V V V V V V V V V V V"
Town of Severance, referral dated May 29, 2020
City of Greeley, referral dated June 4, 2020
Front Range Fire Rescue, referral dated June 9, 2020
Weld County Planning Department— Floodplain, referral dated June 11, 2020
Northern Colorado Water Conservancy, referral dated June 11, 2020
Central Weld County Water District, referral dated June 15, 2020
New Cache La Poudre Irrigating Company, referral dated June 17, 2020
New Coal Ridge Ditch Company, referral dated June 17, 2020
Farmers Reservoir and Irrigation Company (FRICO), referral dated June 18, 2020
Fisher Lateral, referral dated June 18, 2020
Colorado Department of Transportation, referral dated June 18, 2020
North Weld County Water District, referral dated June 18, 2020
Town of Windsor, referral date June 19, 2020
Larimer and Weld Irrigation Company, referral dated June 19, 2020
Poudre Fire Authority, referral dated June 19, 2020
Highland Ditch Company, referral dated June 19, 2020
Weld County Department of Public Works, referral dated June 22, 2020
Weld County Department of Public Health and Environment, referral dated June 23, 2020
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Y U.S. Fish and Wildlife Service, referral dated May 22, 2020
Y Weld County School District RE -1, referral dated May 22, 2020
Y Weld County Zoning Compliance, referral dated May 22, 2020
Y Windsor Severance Fire Rescue, referral dated May 26, 2020
Y Weld County Sheriff's Office, referral dated May 26, 2020
Y Firestone -Frederick Fire Protection District, referrals dated May 26, 2020
Y Weld County School District RE -1J, referral dated May 27, 2020
Y Adams County, referral dated May 27, 2020
Y Weld County School District RE -9, referral dated May 28, 2020
Y Weld County School District RE -8, referral dated May 28, 2020
Y Platteville-Gilcrest Fire Protection District, referral dated May 28, 2020
Y DCP Midstream, LP, referral dated May 28, 2020
Y Town of Milliken, referral dated June 3, 2020
Y Mountain View Fire Rescue, referral dated June 3, 2020
Y City of Fort Lupton, referral dated June 10, 2020
Y Boulder County, referral dated June 11, 2020
Y Town of Mead, referral dated June 15, 2020
Y Extraction Oil & Gas, Inc., referral dated June 15, 2020
The Department of Planning Services' staff has not received responses from the following agencies:
▪ Ault -Pierce Fire Department
▪ Anadarko Petroleum Corporation aka Occidental Corporation
▪ Brighton Fire Rescue District
▪ British Petroleum/Amoco
▪ BH Eaton Ditch
▪ Big Dry Creek
▪ Big Thompson Conservation District
▪ Bull Canal
▪ Cache la Poudre Reservoir
▪ Cactus Hill Lateral
▪ Coalridge Ditch
▪ Colorado Interstate Gas Co.
▪ Consolidated Hillsborough Ditch Company
`v Colorado Geological Survey
v City of Dacono
USR18-0130 — Thornton Water Pipeline
Page 2 of 41
City of Northglenn
Y Devon Energy
▪ East Larimer County Water
▪ Energy Transfer Partners Company
▪ Fort Lupton Fire Protection District
▪ Farmers Canal
▪ Farmers Extension Ditch Company
▪ Farmers Reservoir and Irrigation Company
▪ Fort Collins Conservation District
▪ Greeley Water and Sewer Department
▪ Greeley #2 Canal
▪ Historical Colorado
▪ Hill and Brush Ditch
▪ Kerr-McGee
▪ KN Gas Gathering, Inc
▪ Lake Canal Ditch
▪ Lake Canal Reservoir Company
▪ Larimer and Weld Canal
▪ Larimer County Canal
▪ Last Chance Ditch
Y Little Dry Creek
Y Loveland and Greeley Canal
Y Lupton Bottom Ditch
Y Larimer County
Y Little Thompson Water District
Y Longmont Conservation District
Y Nunn Fire Protection District
Y Natural Gas Associates of Colorado, LLP
Y North Poudre Irrigation Company
Y Noble Energy, Inc.
Y Northern Natural Gas Company
Y NGL Water Solutions, LLC
Y Poudre Trail
Y PDC Energy, Inc
Y Saddle Butte Pipeline
Y Sinclair Pipeline Company
Y Suncor Energy (USA) Pipeline Co
Y Stanley Ditch
Y Thompson Ditch
Y Town of Berthoud
Y Town of Frederick
Y Town of Platteville
▪ Town of Johnstown
▪ Town of Timnath
▪ United Water and Sanitation District
▪ Williams Companies, Inc
▪ Water Supply and Storage Company
▪ Weld County Office of Emergency Management
▪ Weld County School District RE -4
`v Weld County School District RE -5J
`v West Adams Conservation District
`v West Greeley Conservation District
v Xcel Energy, Inc.
v Yoxall Ditch Company
USR18-0130 — Thornton Water Pipeline
Page 3 of 41
Planner:
Case Number:
Applicant:
Representative:
Request:
Legal
Description:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Diana Aungst Hearing Date: July 21, 2020
USR18-0130
City of Thornton, Colorado
c/o Brett Henry — Executive Director Infrastructure Department
12450 Washington Street
Thornton, Colorado 80241-2405
Jacobs Engineering
c/o Jody Henry
717 17th Avenue, Suite 2750
Denver, Colorado 80202
A Site Specific Development Plan and Special Review Permit for a greater than 16 -
inch raw domestic water pipeline (permanent forty-two (42) inch pipeline and
associated appurtenances, including but not limited to, one (1) -million gallon water
tank, two pump stations, buried valve assemblies, access manways, and fiber optic
cable and temporary construction easements) in the E (Estate) Zone District, the A
(Agricultural) Zone District, and the RUA (Regional Urbanized Area) Zone District.
The pipeline crosses Sections 4, 5, 8, 9, 16, 17, 20, 21, 28, 29, 32, and 33 Township
1 North;
Sections 4, 8, 9, 16, 17, 20, 29, 32, and 33 Township 2 North;
Sections 5, 8, 17, 20, 28, 29, and 33 Township 3 North;
Sections 6, 19, 20, 29, and 32 Township 4 North;
Sections 6, 7, 18, 19, 30, and 31 Township 5 North;
Sections 6, 7, and 18 Township 6 North;
Sections 6, 7, 18, and 19 Township 7 North; and
Sections 19, 30, and 31 Township 8 North;
All in Range 67 West of the 61h PM, Weld County Colorado.
Location: North of CR 2, South of CR 94, East of CR 13, and West of CR 19
Size of Pipeline 50 -foot permanent easement and
Easement: 40 -foot temporary easement
Approximate permanent easement: +/- 206 acres
Case Summary:
Parcel Nos. Multiple
The City of Thornton is proposing to locate and construct the Thornton Water Pipeline (TWP). This pipeline
is a water delivery system that will convey high -quality domestic water that Thornton purchased in the mid -
1980's from the Water Supply and Storage Company (WSSC) system in unincorporated Larimer County,
through Weld County, to the City of Thornton for municipal use. This USR requests approval to locate and
construct the TWP through unincorporated Weld County, which includes approximately thirty-four (34) miles
of a buried forty-two (42) -inch diameter water pipeline capable of conveying forty (40) million gallons per
day (mgd) and associated appurtenances. The TWP appurtenances include buried fiber optic cable; various
buried water pipeline structures and valve vaults including access manways; blow -off assemblies; air
USR18-0130 — Thornton Water Pipeline
Page 4 of 41
release vaults; and isolation valve vaults; a one (1) -million -gallon steel water tank; and two (2) pump
stations.
The purpose of the pipeline is to convey high -quality domestic water to enhance Thornton's water supply
reliability and drought resiliency, help address source water quality issues, and meet municipal and
industrial demands of Thornton's water customers through 2065.
Thornton's population is projected to increase from its current estimated population of 143,788 residents
(City of Thornton, Housing & Population Report: 2019 4th Quarter) to 242,000 residents by 2065. Thornton
has proactively planned for the anticipated population increase to ensure that Thornton can provide a
reliable, high quality, and economical water supply to meet the needs of its residents and businesses.
Thornton's existing water system, including an extensive water conservation program, has served to meet
municipal and industrial water needs of Thornton's current water customers in its service area, as well as
to meet existing contractual obligations. Thornton water supply projects in development will allow Thornton
to provide water service up to a population of 158,000 residents. Beyond 158,000 residents, which Thornton
projects to reach by 2025, additional water supplies are needed to ensure continued reliable water service
to Thornton's water customers. Water from the WSSC system in Northern Colorado purchased by Thornton
in the mid -1980's from willing sellers has been decreed in Water Court for use in Thornton, but Thornton
currently lacks the infrastructure to deliver that water to Thornton. The pipeline will provide the necessary
infrastructure for delivery of this water to Thornton and provides the means by which Thornton's customers
will receive the benefit of Thornton's decades -long planning for and investment in this additional water
supply. The TWP is being configured to deliver an average of 14,000 acre-feet of water annually, which is
sufficient to meet the municipal and industrial demands of Thornton's water customers through 2065. In
addition to meeting water demand, in adding this high -quality source the TWP provides diversity, enhanced
water supply reliability, quality and drought resiliency to Thornton's water supply.
Determination of Preferred Route
Criteria used for developing the water pipeline location included minimizing impacts to agricultural uses.
Thornton's land services representatives have worked with property owners along the water pipeline
alignment to explain pipeline construction, operations, and maintenance activities and to determine the
location for the water pipeline that best meets property owners' reasonable preferences, including routing
the water pipeline to minimize affecting the operation of irrigation equipment. The process to develop the
water pipeline route is a result of negotiations with individual property owners or detailed land, utility, or
resource surveys that revealed engineering or environmental constraints.
In an effort to determine the alternative corridor least impactful to local communities in Northern Colorado,
Thornton, in 2015, conducted a series of outreach meetings with local governments and agencies that could
be impacted by the pipeline. During the initial outreach meeting with each local government and agency,
feedback was collected to determine preference(s) and/or determine potential problems for the location of
the water pipeline within the local government or agency's jurisdictional and/or Growth Management Area
(GMA) boundaries. Secondary outreach meetings were conducted with local governments and agencies
that had incorporated areas or GMAs overlapping alternative corridor locations to present the initial three
(3) alternative corridors. During this second round of outreach, additional feedback was collected from the
local governments and agencies and, as a result, a fourth alternative corridor, was developed as the local
government's preferred corridor.
Buried Appurtenances
There will be approximately thirty-four (34) miles of a buried, forty-two (42) -inch diameter water pipeline
that will be constructed in Weld County. The water pipeline will be buried at a minimum depth of 4 feet
below grade. The depth of bury will vary based on existing utility crossings, road crossings, water crossings,
other existing or proposed features, as well as property owner's reasonable preferences. Typically, the
TWP consists of a fifty (50) -foot permanent easement for the water pipeline and an additional forty (40) -
foot temporary easement for construction. The TWP is not located within Weld County right-of-way (ROW)
or future planned ROW except to cross ROW.
USR18-0130 — Thornton Water Pipeline
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Buried appurtenances include approximately thirty-four (34) miles of buried fiber optic cable, including
buried manholes, test stations, and other fiber optic cable appurtenances. These will generally parallel the
water pipeline. The fiber optic cable will be installed in close proximity to the water pipeline and will allow
Thornton to remotely operate the pipeline. The cable will be buried at a minimum depth of three (3) feet
below grade. The depth of bury will vary based on existing utility crossings, road crossings, water crossings,
or other existing or proposed features, and property owner's reasonable preferences.
Additional buried appurtenances consist of access manways, blow off assemblies (used to drain the water
pipeline), combination air release valve vaults (used to exhaust air when filling the water pipeline and
admitting air during draining operations), and isolation valve vaults will be constructed.
Above Ground Appurtenances
The TWP above ground appurtenances include a one (1) -million -gallon water tank and two pump stations.
An approximate one (1) -million -gallon water tank will be constructed on a site located south of the
intersection of County Road 13 and County Road 92. This site is next to an existing water tank. The water
tank will require an approximate 1.67 -acre site for the approximate eighty-four (84) -foot diameter, twenty-
four (24) -foot tall steel water tank. Land will be acquired from property owner for this appurtenance. The
water tank is planned to be painted a shade of tan to blend into the surrounding area. Gravel access and
parking will be constructed and the remaining disturbed area, including vegetation, will be restored to pre -
construction conditions.
Pump Station #1 is located approximately one-half (1/2) mile east of the intersection of County Road 13 and
County Road 50. The site is approximately 3.75 acres and will include an approximate 10,000 square foot
pump house building and approximately 3,000 square feet of equipment pads outside of the building. Pump
Station #2 site is located approximately 0.2 miles north of the intersection of County Road 17 and County
Road 2. The site is approximately 8.40 acres and will include an approximate 15,000 square foot pump
house building, an approximate 15,000 square foot forebay, and approximately 3,000 square feet of
equipment pads outside the pump station/forebay. Paved access and parking will be constructed and the
remaining disturbed areas, including vegetation, will be restored to pre -construction conditions.
In all cases lighting will be installed for security and a six-foot high chain link fencing with barbed wire will
be located around the perimeter of the sites.
Construction
The pipeline may be constructed in multiple construction packages which may occur concurrently with
multiple crews of ten (10) to twenty-five (25) workers each. At the peak of construction, approximately eighty
(80) to one hundred (100) workers could be required at multiple sites along the TWP. Construction work
hours will typically be from 7:00 a.m. to 7:00 p.m. Monday through Saturday unless otherwise approved by
Weld County. For example, some construction activities, such as hydrostatic testing, require 24/7 operation,
and shift work may be required.
Construction activities for TWP are proposed to begin in 2020 and end in late 2024/early 2025, and
operation of the TWP system is scheduled to begin in 2025 after construction of all TWP packages are
complete. Construction of each water pipeline construction package is anticipated to last approximately two
(2) to two and one-half (2 1/2) years, not including revegetation activities. Construction of the water tank is
expected to last approximately one (1) year, and construction of the pump stations is expected to last two
(2) years.
After construction, the TWP facilities could operate year-round, 24 -hours a day; however, the water pipeline
and appurtenances will be unmanned. It is anticipated that normal operations could include up to two (2)
TWP operators traveling in one (1) pickup truck daily along the water pipeline route for a visual inspection
and maintenance activities during the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday. TWP
operators are also anticipated to conduct up to one (1) visit per day of the water tank and pump station
locations to inspect security and operation of each facility. Typically, operation of the pump stations,
including video monitoring of site security, will be conducted remotely. It is anticipated that up to twice per
year the TWP operators will enter vault and manhole appurtenances to exercise valves and conduct routine
USR18-0130 — Thornton Water Pipeline
Page 6 of 41
maintenance of equipment. To the extent practicable, visual inspections could be from public roads to
minimize impacts to property owners, in case of emergency, the operators may be on -site outside of the
normal operating hours. No shift work is anticipated for the TWP post -construction.
Thornton has no intent to decommission the TWP. The TWP facilities will be maintained, monitored, and
repaired/replaced as needed. No decommissioning plan was provided.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-510
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-480 of the Weld County Code as follows:
A. Section 23-2-480.A.1 — All reasonable efforts have been made to avoid irrigated cropland or
to minimize the negative impacts on agricultural uses and lands.
The Thornton Water Pipeline (TWP) is a low impact, passive use that is consistent with the
agricultural setting and zone designation. The water pipeline and fiber optic cable will be
buried, and land use effects on agricultural and other similar use will be temporary during
construction and are anticipated to be minimal after construction. The water pipeline route is
generally located parallel to property lines and adjacent to Weld County future right-of-way
(ROW) minimizing the effects to agriculture. Agricultural use within the permanent easement
can continue after construction. Property owners who grant a permanent easement to
Thornton can continue to use the land within the easement area for purposes such as farming,
grazing, or access, so long as such uses do not interfere with or endanger the operation of
the TWP. The agricultural land use in the TWP area is compatible with operation of the TWP
because the water pipeline and fiber optic cable will be buried below the plow line.
B. Section 23-2-480.A.2 — The pipeline - domestic water will not have an undue adverse effect
on existing and future development of the surrounding area, as set forth in applicable Master
Plans.
Portions of the TWP include approximately eleven (11) miles in the incorporated limits of
Dacono, Firestone, Frederick, Johnstown, Platteville, Severance, Timnath, and Windsor
including roads that have been annexed by local governments. Local governments have
indicated preferences for the water pipeline to be inside or outside of right-of-way (ROW) in
their Growth Management Area (GMA); however, Weld County's requirement in
unincorporated Weld County takes precedence. Thornton reviewed GMA boundaries and
transportation master plans for Berthoud, Dacono Firestone, Frederick, Fort Lupton,
Johnstown, Mead, Milliken, Platteville, Severance, Timnath, and Windsor, to determine the
extent of future ROW within GMA boundaries. Thornton will coordinate the location of the
water pipeline with these municipalities as appropriate where the water pipeline is located
within the municipality's boundary.
The pipeline and most appurtenances will be buried with limited above ground equipment.
There will be minimal effects to the rural character of Weld County. The water tank and pump
stations will be above ground appurtenances and will be constructed on land on which
Thornton has acquired fee title interest.
The pipeline will not have a negative effect on local government or any other existing public
facilities and services. The construction, operation, and maintenance of the underground water
pipeline and appurtenances will not require any new public facilities or impact existing services
such as police, fire, water, wastewater, and healthcare, and therefore, would not impact future
development.
USR18-0130 — Thornton Water Pipeline
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To determine locations of the TWP that would be least impactful to local communities,
Thornton, in 2015, conducted a series of outreach meetings with local governments and
agencies that could be impacted by the TWP. During the initial outreach meeting with each
local government and agency, feedback was collected to determine preference(s) and/or
determine potential problems, including planned developments, for the location of the water
pipeline within the local government or agency's jurisdictional and/or GMA boundaries. Input
from local governments and agencies was utilized in developing the TWP.
Outreach meetings were conducted with the following local governments: Berthoud, Dacono,
Firestone, Fort Collins, Frederick, Greeley, Johnstown, Larimer County, Loveland, Mead,
Milliken, Timnath, Weld County, Wellington, and Windsor.
As part of the pre -application process, the Cities of Dacono and Fort Lupton, and the Towns
of Berthoud, Firestone, Frederick, Johnstown, Mead, Milliken, Platteville, Severance, Timnath,
and Windsor, were notified of the proposal by Planning staff and were provided a Notice of
Inquiry (NOI) form by the applicant. The Town of Milliken returned a Notice of Inquiry form
dated April 4, 2020, which stated, "While Milliken would like to participate in this water project,
the location is too far from our municipal limits." The Town of Severance returned a Notice of
Inquiry form dated March 23, 2020, which stated, "The Town of Severance has an interest in
parcel #0555-3000-0020 and requests a meeting." The Town of Frederick returned a Notice
of Inquiry form dated March 23, 2020, which stated, "The Town must still reach agreement on
the easement on Town of Frederick property and reserves the right to further comment." The
Town of Firestone returned a Notice of Inquiry form dated April 10, 2020 with no concerns.
The Town of Mead returned a Notice of Inquiry form dated May 7, 2020 which stated, "We are
requesting that the pipeline easement be located outside of Mead's future ROW, as outlined
in the master transportation plan. Looks like there may be some conflicts in the CR 17/Hwy 66
vicinity. Please provide a more detailed map that overlays the proposed pipeline route on top
of Mead's anticipated ROW in the area for staff's review." On June 19, 2020, the applicant
sent an email that stated, "In response to the Town of Mead's request that the water pipeline
be located outside of Mead's future ROW, Mark Koleber/Thornton Water Project Director
responded via email on April 7, 2020. In that e-mail, Thornton demonstrates that the water
pipeline is located outside Mead's future ROW as requested. No response was received from
Mead."
The Town of Platteville returned a Notice of Inquiry form dated March 23, 2020, which stated,
"This project does not impact Platteville's [Urban Growth Boundary] UGB." The Town of
Berthoud did not return a Notice of Inquiry form but did reply with an email that stated, "... it
appears the new pipeline location goes quite a bit east of our GMA. As such, we wouldn't have
any comments."
The City of Greeley's referral agency comments, dated May 20, 2020, state that the City of
Thornton's new water pipeline project crosses the City of Greeley Transmission Lines in
several locations along the WCR 13 corridor. The City of Thornton is required to either include
the City of Greeley (Engineering Development Review Division within the Community
Development Department and the Water Department) in the civil drawing review process or
complete the City of Greeley crossing application. The City of Thornton has been in contact
with our Water Department and we have provided them preliminary information about the
crossing requirements and proposed locations. On June 19, 2020, the applicant responded to
the City and stated, "Your comments and requirements have been noted. Crossing approvals
will be requested and obtained as described in your response. Any crossings or
encroachments of Greeley infrastructure will be coordinated with Greeley and will meet
Greeley's minimum standards."
The Town of Firestone's referral agency comments, dated May 28, 2020, state that, "The Town
is working with the City of Thornton on a license agreement that would address the proposed
water lines within or crossing any Town of Firestone right-of-way or Town of Firestone fee
ownership property." On June 19, 2020, the applicant responded that Thornton is coordinating
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Page 8 of 41
the Thornton Water Project with the Town of Firestone and will continue coordination activities
as design progresses. No response to the Town of Firestone is necessary at this time.
The Town of Windsor's referral agency comments dated June 19, 2020, state that, "The
Town's main concern would be if the pipeline alignment will conflict with future right-of-way
dedications and realignment of WCR 13/Colorado Boulevard. The Town respectfully requests
that Thornton coordinate with the Town of Windsor to ensure that future conflicts are avoided."
This request from the Town of Windsor is a Condition of Approval.
The Town of Severances' referral agency comments dated May 29, 2020, state that, "The
Town of Severance has an interest in parcel number 0555-3000-0020 and requests a
meeting." The applicant had a meeting with the Town of Severance on June 11, 2020.
Planning staff received multiple telephone calls from interested persons and property owners
who are crossed by the pipeline's right-of-way or easement. Some callers wanted to know
about the pipeline alignment with others having concerns with the pipeline crossing their
property and negotiations with the City of Thornton. Planning also received 16 letters from
property owners, surrounding property owners interested parties.
C. Section 23-2-480.A.3 — The design of the proposed pipeline mitigates negative impacts on the
surrounding area to the greatest extent feasible.
Construction work hours will typically be from 7:00 a.m. to 7:00 p.m. Monday through Saturday
unless otherwise approved by Weld County. Construction may extend beyond these hours on
an as required and case -by -case approved basis. For example, some construction activities,
such as hydrostatic testing, require 24/7 operation, and shift work may be required. However,
shifts are not anticipated for construction on a day-to-day basis.
After construction, the TWP facilities could operate year-round, twenty-four (24) hours a day
and the water pipeline and appurtenances will be unmanned. It is anticipated that normal
operations could include up to two (2) TWP operators traveling in one (1) pickup truck daily
along the water pipeline route for a visual inspection and maintenance activities during the
hours of 8:00 a.m. to 5:00 p.m. Monday through Friday. TWP operators are also anticipated
to conduct up to one (1) visit per day of the water tank and pump station locations to inspect
security and operation of each facility. Typically, operation of the pump stations, including
video monitoring of site security, will be conducted remotely from another Thornton -owned
facility. Up to twice per year, it is anticipated that TWP operators will enter vault and manhole
appurtenances to exercise valves and conduct routine maintenance of equipment. To the
extent practicable, visual inspections could be from public roads to minimize impacts to
property owners. In case of emergency, the operators may be on -site outside of the normal
operating hours.
Thornton and TWP contractors, including engineers, biologists, specialists, surveyors, and
land services representatives will periodically visit the site from 8:00 a.m. to 5:00 p.m. Monday
through Friday for design related activities beginning in 2020.
The pipeline will be designed and constructed in multiple construction packages. Design
activities will include:
• Engineering site assessments:
o Environmental
o Cultural resources
o Subsurface utility investigations
o Subsurface geotechnical investigations
• Land surveys
• Property owner meetings
USR18-0130 — Thornton Water Pipeline
Page 9 of 41
D. Section 23-2-480.A.4 — The site shall be maintained in such a manner so as to control soil
erosion, dust and the growth of noxious weeds.
Prior to construction, Thornton and/or the TWP contractors will obtain the required Weld
County grading permit and Stormwater Discharge Associated with Construction Activity —
General Permits from CDPHE. Construction SWMPs will be developed under the general
permit to protect the quality of stormwater runoff during construction in accordance with the
Construction Stormwater Discharge Permit requirements. BMPs will be implemented under
the Storm Water Management Plan (SWMP) to minimize or mitigate soil erosion and
revegetate disturbed areas.
Construction activities, such as vehicles driven over cleared ground, general disturbance to
vegetated areas, or soil stockpiles susceptible to winds, can cause fugitive dust. During
construction, dust control measures will be implemented. Examples of these mitigation
measures that may be used on the TWP include:
• Speed limits for construction vehicles within the work area
• Water application to disturbed areas, dirt access roads, and stockpiles
• Erosion control techniques and best management practices
• Revegetation of disturbed areas following construction activities
Areas disturbed for construction of the water pipeline will be restored to pre -construction
grades and revegetated to pre -construction vegetation where appropriate after construction.
Areas disturbed for water tank and pump station sites that are not designated for infrastructure,
such as tank/forebay, buildings, parking and access areas, and equipment will be revegetated
where appropriate after construction. Restored vegetation will be comparable to existing
vegetation. Certified weed -free seed mix consisting of drought -tolerant native grasses and
other types of vegetation as appropriate to meet property owner preferences or regulatory
requirements will be specified in the storm water management plan (SWMP) for the
revegetation of disturbed areas. Disturbed mature vegetation will be replaced, per a property
owner's reasonable request, with a like species.
E. Section 23-2-480.A.5 — The applicant has agreed to implement any reasonable measures
deemed necessary by the board of County commissioners to ensure that the health, safety
and welfare of the inhabitants of the County will be protected, and to mitigate or minimize any
potential adverse impacts from the proposed pipeline - domestic water.
Thornton and the TWP contractors will provide and maintain sanitary accommodations for the
use of their employees during construction of the TWP. These accommodations, including
trash dumpsters and portable toilets. Construction waste will be stockpiled in construction
staging areas and removed from the construction site during the construction process. Trash
dumpsters will be emptied approximately every one (1) to two (2) weeks.
If possible, fueling requirements will be met before arrival at the construction site. Heavy
equipment left on site for construction activities will require onsite fueling at staging areas or
the construction site. No bulk fuel storage is anticipated to occur on site. Fueling vehicles will
be equipped with spill kits and fire extinguishers, and personnel will be properly trained in spill
prevention, control, and countermeasures.
Pipeline markers will be installed in the pipeline permanent easement to indicate that a water
pipeline is buried nearby. The markers will identify the water pipeline, Thornton as the pipeline
operator, the operator's twenty-four (24) -hour emergency contact number, and the area's
utility notification number.
Impacts caused by construction equipment and activity on Weld County roads will be short
term during construction. Access will be maintained for local area residents. Thornton will
coordinate with local school districts regarding construction and haul routes and school bus
traffic. TWP contractors will implement traffic management plans based upon local traffic
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control requirements and general safe operating practices. Proper signage, flaggers, lighting,
speed limits, work hours, postings, notifications, and other precautionary safety measures will
be taken to protect the residents of Weld County and the TWP contractors' employees.
Construction staging areas will be located and arranged in a manner to preserve trees and
vegetation to the extent feasible. Excavated material or other construction materials will not
be stockpiled or deposited near or on -stream banks or other watercourse perimeters where
they could be washed away by high water or storm runoff or could encroach upon stream
banks. Best management practices (BM Ps) will be implemented for stormwater management.
These practices will protect the health, safety and welfare of the inhabitants of the
neighborhood.
F. Section 23-2-480.A.6 — All reasonable alternatives to the proposal have been adequately
assessed, and the proposed action is consistent with the best interests of the people of the
County and represents a balanced use of resources in the affected area.
A series of evaluations were conducted to develop the preferred route for the water pipeline
alignment for the TWP. A multi -step process was used with considerable thought to minimize
impacts to local communities and future development.
A two -tiered evaluation program was implemented: First, alternative project corridors within a
broader evaluation area were evaluated with input from potentially impacted communities to
determine a preferred corridor. Next, with input from potentially impacted property owners
within the preferred corridor, route configurations were evaluated within the preferred corridor
from step two. Evaluations are summarized below:
• Preferred Corridor Evaluation - Evaluation of four corridor alternatives within a broader
evaluation area to determine a preferred corridor.
• Preferred Route Development — Evaluation of possible locations for the water pipeline
within the preferred corridor for suitability to determine a preferred route.
Preferred Corridor Evaluation
Thornton conducted a series of outreach meetings with local governments and agencies that
could be impacted by the TWP. Input from local governments and agencies was utilized in
developing alternative corridors and identifying the preferred corridor. An evaluation area was
established for developing alternative corridors. The evaluation area consists of a an
approximate four (4)- to five and one-half (5'/2) -mile wide path from County Road 96 south to
County Road 2. The evaluation area is bounded by Highway 1-25 on the west and County
Road 17'A on the east.
Alternative corridors within the evaluation area were identified using readily and publicly
available geographic information system (GIS) data. Guidelines used to identify the alternative
corridors include the following:
• Input from potentially affected local governments
• Minimizing impacts to ROW
• Minimizing impacts to water bodies and wetlands
• Bypassing geological hazardous areas
• Minimizing impacts to environmentally sensitive areas such as open space or
conservation areas
• Minimize impacts to congested areas, typically in developed, densely populated areas
• Utilizing Thornton -owned property
• Following ROW/easements/property lines
Four '/4 -mile wide alternative corridors were initially developed based on input received from
local government outreach. These four alternative corridors were analyzed using non-
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economic data to determine the preferred corridor. The non -economic criteria and method of
measurement used in the evaluation of alternative corridors included the following:
• Local Government Preference - Rating based on compliance with local government
preferences
• Geologic Hazards - Estimated length within areas identified as having mine subsidence
• Community Impact - Number of local governments crossed
• Wetland/Riparian Crossing - Estimated length of wetland/riparian areas crossed
• Floodplain Crossings - Estimated length of floodplain areas crossed
• Parcel Owners - Number of unique parcel owners crossed
• Right-of-way - Estimated possible length of water pipeline in ROW
The location of the preferred corridor was based on the TWP purpose and need, as well as
information and guidance received from Weld County Public Works and Planning staff,
Dacono, Firestone, Mead, Milliken, Johnstown, Timnath, Windsor and others.
Where practicable, the criteria for developing the preferred route in unincorporated Weld
County included:
• Be outside current and future planned road ROW.
• Be adjacent to roads, current or future road ROW, existing utility easements, and property
lines.
• Minimize impacts to agricultural use.
• Consider property owner preference.
• Minimize impacts to existing structures.
• Cross waters, irrigation ditches, roads, and railroads perpendicular to the feature.
• Minimize road crossings.
• Minimize impacts to environmental and cultural resources.
• Minimize impacts to open lands/conservation easements.
• Provide a sound engineering solution
Thornton reviewed aerial photography and performed site reconnaissance of the preferred
corridor to develop a draft route based on the criteria listed above. Title records were reviewed,
and rights of entry were requested for properties crossed by the draft route to determine
existing encumbrances on these properties.
Thornton began discussions with property owners and conducted environmental surveys and
planimetric survey of property boundaries, existing infrastructure, and utilities on the properties
for which written right of entry was granted to Thornton by the property owner. As part of the
surveys, existing easement locations and easement restrictions were identified. Thornton
approached easement holders without exclusive rights to discuss opportunities for shared
and/or overlapping easements. During discussions with property owners, Thornton reviewed
possible water pipeline locations to minimize impacts.
G. Section 23-2-480.A.7 — The nature and location or expansion of the pipeline - domestic water
will not unreasonably interfere with any significant wildlife habitat and will not unreasonably
affect any endangered wildlife species, unique natural resource, known historic landmark or
archaeological site within the affected area.
The TWP will utilize trenchless construction methods for water pipeline installation to minimize
impacts to natural resources such as jurisdictional waters and wildlife habitat associated with
those areas. The area disturbed in constructing the water pipeline will be restored to pre -
construction conditions, including grade and vegetation, minimizing long-term impacts to
wildlife.
The TWP was assessed for potential jurisdictional waters and wildlife habitat using publicly
available mapping and aerial photographs, and by conducting a windshield survey of areas
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that could be publicly accessed. Information on terrestrial and aquatic animals was obtained
from various sources including Colorado Parks and Wildlife, Colorado Natural Diversity
Information System, Colorado Natural Heritage Program, U.S. Fish and Wildlife Service,
published literature, and field surveys. Site surveys will be performed to aid in the
determination of jurisdictional waters and wildlife habitat. Information from the assessment
and survey information will be used to develop final design. Mitigation methods to minimize
impacts to these areas will be incorporated into the design and construction as appropriate.
Jurisdictional water crossings will be constructed using trenchless construction methods.
An assessment of the TWP was conducted for wildlife habitat and migration corridors. The
TWP could temporarily impede movement of wildlife and result in the displacement of some
individuals during construction activities. During construction, wildlife crossovers (trench
plugs) with ramps on each side of the trench could be installed at well-defined game trails.
The water pipeline would not provide a barrier to wildlife movement over the long term because
the it will be buried.
Colorado Parks and Wildlife (CPW) returned referral letters dated May 27, 2020, January 7,
2019, and October 22, 2018 which stated that CPW appreciates this early consultation
because getting to the collective agreement on which sensitive areas to avoid (either by re-
routing or boring) and/or times of year to avoid (such as raptor breeding seasons) can minimize
any negative impacts to sensitive wildlife species and habitats while responsibly completing
the project.
The letter dated October 22, 2018 also states that the CPW has reviewed the species and
habitats outlined in the City of Thornton's letter and they agree with the assessment that the
identified species may potentially occur within the boundaries of the pipeline project in this
section. CPW appreciates that Thornton is proposing to use trenchless construction methods
to cross the St. Vrain River, associated sloughs and habitats that protect wildlife species that
are associated wetland and riparian habitats. The CPW also recommends that trenchless
construction methods be employed for Big Dry Creek, Little Dry Creek, and any other ponds
and wetlands encountered along pipeline pathway.
As identified in the City of Thornton's assessment, there is a potential for raptor nests and
burrowing owls to be encountered along this section of the project pathway depending upon
what time of year the construction occurs. If construction is to take place between February 1
and July 31 the CPW recommends that raptor surveys be performed prior to construction and
throughout the project to detect any new nests that may occur. CPW has developed a set of
guidelines for setbacks for a variety of species of raptors and techniques for surveying
burrowing owls.
H. Section 23-2-480.A.8. — No adverse impact from stormwater runoff to the public rights -of -way
and/or surrounding properties as a result of the pipeline - domestic water.
The water pipeline and the water tank site fall under exceptions to the stormwater detention
requirements per WCC Section 8-11-40 I. The exceptions that apply are as follows:
• Water pipeline: Exception 5 "Pipelines or transmission lines, excluding laydown yards,
metering sites, substations, and any other above ground appurtenances."
• Water tank site: Exception 9 "Non -Urbanizing areas where the total pre-existing and post
development impervious area produces stormwater runoff of less than, or equal to, five
(5) cfs for the 1 -hour, 100 -year, storm event. This exception shall be supported by
calculations signed and stamped by a Colorado Licensed Professional Engineer."
Based on the preliminary analysis, detention ponds are required at the pump station sites.
Offsite stormwater originates on lands adjacent to the TWP and drains over land and via
drainageways onto the water pipeline easement. Water originates from multiple locations
along the TWP depending on topography. Disturbed areas for water pipeline construction will
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be restored to pre -construction grades after construction and historic flows will be maintained.
Stormwater will exit the water pipeline easement by overland flow or flow in existing
drainageways. Water will leave the site from multiple locations along the TWP depending on
topography.
Prior to construction, Thornton and/or the TWP contractors will obtain the required Weld
County grading permit and the CDPHE Stormwater Discharge Associated with Construction
Activity — General Permit. Construction SWMPs will be developed under the general permit to
protect the quality of stormwater runoff during construction in accordance with the
Construction Stormwater Discharge Permit requirements. Surface drainage BMPs
implemented during construction will include application of erosion control techniques and the
successful revegetation of disturbed areas. SWMPs will include detailed descriptions of BMPs
that will be used to control erosion. After construction is completed, areas not designated for
above ground appurtenances will be restored to pre -construction grades and vegetation.
BM Ps will be maintained and inspected. Failed BMPs will be replaced as required. After work
is complete and final stabilization has been achieved, temporary BMPs will be removed. Final
stabilization will be reached as defined in the Weld County Grading Permit and Stormwater
Discharge Associated with Construction Activity - General Permit.
The TWP does not fall within any areas designated as municipal separate storm sewer system
(MS4).
Areas disturbed for construction of the water pipeline will be restored following construction to
preconstruction grades and vegetation conditions with few exceptions. An example of an
exception would be minor grading necessary following construction to restore a stable slope.
In general, following construction, the restored areas will drain in the same manner and at
generally the same rate as it did before construction.
To mitigate impacts caused by erosion, restoration activities for the TWP will consist of
vegetation restoration and maintenance of areas disturbed by the TWP. Effects to vegetation
along the easement areas will be temporary and mostly associated with construction. Potential
future repairs and maintenance could affect certain areas of vegetation so that the water
pipeline and appurtenances may be accessed in a particular location. Any vegetated areas
disturbed during maintenance or any required repairs will be restored by the methods used
during construction.
The proposed use is consistent with Chapter 22 and any other applicable code provisions or
ordinance in effect.
Agricultural Goals and Policies:
Section 22-2-20.A. - A.Goal 1. Respect and encourage the continuation of
agricultural land uses and agricultural operations for purposes which enhance the
economic health and sustainability of agriculture.
The TWP, within unincorporated Weld County, is located in rural land use areas designated
as A (Agricultural), RUA (Regional Urbanization Area) as well as E (Estate) zoning. The
water pipeline and fiber optic cable will be buried, and land use effects on agriculture and
other similar use will be temporary during construction and are anticipated to be minimal
after construction. Agricultural use within the permanent easement will be able to continue
after construction so long as such uses do not interfere with or endanger the operation of
the TWP.
Section 22-2-20.B.-A.Goal2. Continue the commitment to viable agriculture in Weld
County through mitigated protection of established (and potentially expanding)
agricultural uses from other proposed new uses that would hinder the operations of
the agricultural enterprises.
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Criteria used for developing the water pipeline location included minimizing impacts to
agricultural uses. Thornton's land services representatives have worked with property
owners along the water pipeline alignment to explain pipeline construction, operations, and
maintenance activities and to determine the location for the water pipeline that best meets
property owners' reasonable preferences, including routing the water pipeline to minimize
affecting the operation of irrigation equipment. The process to develop the water pipeline
route is a result of negotiations with individual property owners or detailed land, utility, or
resource surveys that revealed engineering or environmental constraints.
Thornton's land services representatives negotiate the purchase of easements where
needed based on fair market value. The easements will grant Thornton an area to
construct, operate, and maintain the water pipeline, and property owners will maintain fee
title to the land. Property owners can continue to use the land within the easement area for
purposes such as farming, grazing, or access, so long as such uses do not interfere with
or endanger the operation of the TWP. The predominant land use in the TWP area,
agricultural use, is compatible with operation of the TWP because the water pipeline and
fiber optic cable will be buried below the plow line.
Additional measures that will be implemented to minimize impacts to irrigated agricultural
land include:
• Stripping and storing topsoil separately from excavated trench materials
• Seeding or leaving land fallow in accordance with the individual property owner's
agreed -upon reclamation procedures following construction of the water pipeline
Section 22-2-20.C. - A.Goal 3. County land use regulations recognize and respect the
rights afforded by the State Constitution and associated statues of individually
decreed water rights. Water rights are considered real property and should be
protected as any other private property right.
The TWP will not impact water rights. The TWP is a water delivery system that will convey
domestic water from the WSSC system, purchased by Thornton in the mid -1980's, from
unincorporated Larimer County to Thornton. Water from the WSSC system purchased by
Thornton from willing sellers has been decreed in Water Court for use in Thornton.
Section 22-2-20.D.4. - A.Policy 4.1. Property owners should demonstrate
responsibility of ownership by minimizing safety and health hazards resulting from,
but not limited to, unsafe or dangerous structures and noncommercial junkyards.
Thornton and the TWP contractors will provide and maintain sanitary accommodations for
the use of their employees during construction of the TWP in a manner that complies with
the requirements and regulations of health departments and other governmental bodies.
These accommodations, including trash dumpsters, will be located in several locations
along the TWP alignment based on the general plan for construction. In its contract with
the TWP contractors, Thornton will require that the TWP contractors comply with applicable
laws and regulations. Construction waste will be stockpiled in construction staging areas
and removed from the construction site during the construction process. Trash dumpsters
will be emptied approximately every 1 to 2 weeks. The TWP will not include the need for
permanent dumpsters as the water tank, pump stations, and underground water pipeline
will be unmanned.
Section 22-2-20.H.1. - A.Policy 8.1. The land use applicants should demonstrate that
adequate sanitary sewage and water systems are available for the intensity of the
development.
During construction water may be purchased from local water providers for construction
activities such as watering the construction site to mitigate fugitive dust or hydrostatically
testing the water pipeline. Contractors will provide bottled water, water cooler service, or
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other temporary source of drinking water during construction. Temporary water sources
could include nearby fire hydrants or water pipelines. Thornton and/or TWP contractors will
negotiate purchase of water deliveries from municipal and/or private sources. The TWP
will not include the need for a permanent water supply for domestic purposes as the water
tank, pump stations, and underground water pipeline will be unmanned.
During construction, screened portable toilets will be placed in several locations along the
TWP construction site based on the general plan for construction. TWP contractors will be
responsible for supplying and maintaining portable toilets. In its contract with the TWP
contractors, Thornton will require that the TWP contractors comply with applicable laws
and regulations and that they screen portable toilets from the general public. The TWP will
not include the need for permanent sanitary facilities for domestic purposes as the water
tank, pump stations, and underground water pipeline will be unmanned.
Section 22-2-20.H.3. - A.Policy 8.3. The land use applicants should demonstrate that
the roadway facilities associated with the proposed development are adequate in
width, classification and structural capacity to serve the proposed land use change.
The existing road network has adequate capacity to serve anticipated construction traffic
needs, and no new roads or improvements to existing roads are anticipated to be
necessary in unincorporated Weld County. After construction, the water pipeline and
appurtenances could operate year-round, twenty-four (24) hours a day; however, the water
pipeline and appurtenances will be unmanned. The existing road network has adequate
capacity to serve anticipated TWP operation traffic needs. It is anticipated that normal
operations could include up to two (2) TWP operators traveling in one (1) pickup truck daily
along the water pipeline route for a visual inspection and maintenance activities during the
hours of 8 a.m. to 5 p.m. Monday through Friday. TWP operators are also anticipated to
conduct up to one (1) visit per day of the water tank and pump station locations to inspect
security and operation of each facility. Typically, operation of the pump stations, including
video monitoring of site security, will be conducted remotely from another Thornton -owned
facility. Up to twice per year, it is anticipated that TWP operators will enter vault and
manhole appurtenances to exercise valves and conduct routine maintenance of
equipment. To the extent practicable, visual inspections could be from public roads to
minimize impacts to property owners. In case of emergency, the operators may be on -site
outside of the normal operating hours. Consequently, there will be minimal effects on the
volume of traffic on local streets.
Section 22-2-20.11.4. -A.Policy 8.4. The land use applicants should demonstrate that
drainage providing stormwater management for the proposed land use change is
adequate for the type and style of development and meets the requirements of
county, state and federal rules and regulations.
Prior to construction, Thornton and/or the TWP contractors will obtain the required Weld
County grading permit and the CDPHE Stormwater Discharge Associated with
Construction Activity — General Permit. Construction SWMPs will be developed under the
general permit to protect the quality of stormwater runoff during construction in accordance
with the Construction Stormwater Discharge Permit requirements. Surface drainage BM Ps
implemented during construction will include application of erosion control techniques and
the successful revegetation of disturbed areas.
No permanent stormwater facilities are anticipated to be required for the water pipeline and
water tank; drainage narratives are provided in Section 16 and Volume 4. Preliminary
drainage reports have been developed for the pump station locations and those reports
are included in Section 16. Based on the preliminary analysis, detention ponds are
anticipated to be required at the pump station sites and preliminary siting of stormwater
facilities are shown on the USR maps and are presented in Section 16. Stormwater
facilities will be designed and constructed in accordance with Weld County and other
requirements as applicable.
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Section 22-2-20.H.5. - A.Policy 8.5. The land use applicants should demonstrate that
public service providers, such as but not limited to schools, emergency services
and fire protection, are informed of the proposed development and are given
adequate opportunity to comment on the proposal.
No additional level of service from Weld County public service providers is anticipated to
be required. To minimize the impacts of construction on the local community, Thornton
will coordinate with Valley RE -1, Saint Vrain Valley RE -1(J), and Johnstown -Milliken RE -
5(J) School Districts regarding construction and haul routes and school bus traffic.
Emergency vehicle access needs will be maintained and construction activities
coordinated with local fire departments, police departments, ambulance services, and
other emergency responders as necessary. Initial outreach has been conducted to fire
districts.
Section 22-2-20.1.4. - A.Policy 9.4. Consider conservation of natural site features
such as topography, vegetation and water courses, in conjunction with the
conversion of land uses.
The TWP will utilize trenchless construction methods for water pipeline installation to
minimize effects to natural resources such as jurisdictional waters, including streams,
rivers, lakes, and wetland areas. The area disturbed for constructing the water pipeline will
be restored to preconstruction conditions, including grade and vegetation, thus minimizing
long-term impacts.
The majority of the impacts on vegetation will be temporary during construction of the water
pipeline and long-term impacts to native vegetation communities are not expected.
Disturbed areas will be restored to pre -construction grades and revegetated where
appropriate after construction. Areas disturbed for water tank and pump station sites that
are not designated for infrastructure, such as tank/forebay, buildings, parking and access
areas, and equipment will be revegetated where appropriate after construction. Restored
vegetation will be comparable to existing vegetation. Certified weed -free seed mix
consisting of drought -tolerant native grasses and other types of vegetation as appropriate
to meet property owner's reasonable preferences and regulatory requirements will be
specified in the SWMP for the revegetation of disturbed areas. Disturbed mature vegetation
will be replaced, per a property owner's reasonable request, with a like species. Potential
future repairs and maintenance could affect discrete areas of vegetation when the water
pipeline is accessed in a particular location. Any vegetated areas disturbed during
maintenance or required repairs will be restored by the methods used during construction..
Based on site visits conducted in 2016, 2017, 2019, and 2020 along publicly accessible
areas and using Google Earth imagery, six broad vegetation communities within the TWP
were identified and are as follows:
• Mixed upland
• Nonnative upland
• Riparian
• Wetlands
• Agricultural lands
• Developed/disturbed areas
Water pipeline crossings of high -quality vegetation such as jurisdictional wetland
communities will be constructed using trenchless construction methods..
Section 22-2-20.1.5. - A.Policy 9.5. Applications for a change of land use in the
agricultural areas should be reviewed in accordance with all potential impacts to
surrounding properties and referral agencies. Encourage applicants to
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communicate with those affected by the proposed land use change through the
referral process.
Criteria used for developing the water pipeline location included minimizing impacts to
agricultural uses. Thornton's land services representatives have worked with property
owners along the water pipeline alignment to explain pipeline construction, operations, and
maintenance activities and to determine the location for the water pipeline that best meets
property owners' reasonable preferences, including routing the water pipeline to minimize
affecting the operation of irrigation equipment. The process to develop the water pipeline
route is a result of negotiations with individual property owners or detailed land, utility, or
resource surveys that revealed engineering or environmental constraints.
Thornton's land services representatives negotiate the purchase of easements where
needed based on fair market value. The easements will grant Thornton an area to
construct, operate, and maintain the water pipeline, and property owners will maintain fee
title to the land. Property owners can continue to use the land within the easement area for
purposes such as farming, grazing, or access, so long as such uses do not interfere with
or endanger the operation of the TWP. The predominant land use in the TWP area,
agricultural use, is compatible with operation of the TWP because the water pipeline and
fiber optic cable will be buried below the plow line.
Additional measures that will be implemented to minimize impacts to irrigated agricultural
land include:
• Stripping and storing topsoil separately from excavated trench materials
• Seeding or leaving land fallow in accordance with the individual property owner's
agreed -upon reclamation procedures following construction of the water pipeline
The TWP will cross multiple irrigation ditches along the water pipeline route within
unincorporated Weld County as presented in Section 6. Thornton has begun outreach to
each irrigation ditch company to begin coordination activities. As part of the negotiation
process for acquiring easements, Thornton's land service representatives coordinate with
property owners on lateral ditch crossings to limit impacts to agricultural operations.
Thornton will obtain appropriate agreements for each crossing before construction. No
direct effects on water flow, quantity, quality, or timing in the irrigation ditches are
anticipated. Crossings will be constructed using either trenchless or open -cut methods as
required by the irrigation ditch company and during times the ditch is not running, if
required.
Public outreach is not required by Weld County's USR permit application process.
However, to introduce the public and potentially affected property owners to the TWP,
respond to questions, and to collect input from the public and potentially affected property
owners, Thornton conducted a series of Open Houses in November and December 2016.
To introduce the public and potentially affected property owners to the TWP, the TWP
website, TWP e-mail address, and TWP phone line.
To determine the alternative corridor least impactful to local communities, Thornton, in
2015, conducted a series of outreach meetings with local governments and agencies that
could be impacted by the TWP. During the outreach meetings with each local government
and agency, feedback was collected to determine preference(s) and/or determine potential
problems for the location of the water pipeline within the local government or agency's
jurisdictional and/or GMA boundaries.
Outreach meetings were conducted with the following local governments:
Berthoud, Dacono, Firestone, Fort Collins, Frederick, Greeley, Johnstown, Larimer County,
Loveland, Mead, Milliken, Timnath, Weld County, Wellington, Windsor
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Thornton has been in discussions with US Army Corps of Engineers (USACE) beginning
in 2014 to provide information on the TWP to USACE staff. Thornton will continue
consulting with USACE and will obtain jurisdictional determination from the USACE before
finalizing design activities to determine which areas in the TWP route are jurisdictional
waters. Design will include trenchless construction methods at jurisdictional water
crossings.
Additional outreach and coordination activities included:
• Meetings with local major utility providers
• Meeting with CDOT
• Meeting with CPW
• Meeting with Great Western Railroad
• Presenting the TWP at the Energy Industry Working Group (Weld County oil and gas
companies) on December 15, 2016
• Sending letters to initiate coordination activities to local irrigation and ditch companies,
utility providers, wildlife agency outreach (CPW and USFWS), and local fire districts
Thornton will continue coordinating with stakeholders and will obtain license agreements
and permits as appropriate.
Urban Development Goals and Policies:
Section 22-2-30.E. - UD.Goal 5. The County and municipalities should strive to
coordinate urban land use planning in cooperative planning areas, including such
items as development policies and standards, zoning, street and highway
construction, open space, public infrastructure and other matters associated with
urban development.
To determine the alternative corridor least impactful to local communities, Thornton, in
2015, conducted a series of outreach meetings with local governments and agencies that
could be impacted by the TWP. During the outreach meetings with each local government
and agency, feedback was collected to determine preference(s) and/or determine potential
problems for the location of the water pipeline within the local government or agency's
jurisdictional and/or GMA boundaries.
Weld County's preference and the policy of the BOCC is to not allow parallel running
utilities in the Weld County ROW. In addition, Weld County staff stated a preference that
the water pipeline alignment be located outside future planned ROW unless approved by
Weld County. Thornton met with Weld County Public Works staff to determine the location
and extent of future planned ROW. The TWP is not located within Weld County ROW or
future planned ROW except where it must cross ROW. Thornton understands that, if the
TWP crosses the Weld County ROW, then use of that ROW will require Weld County
approval. Other local governments have variously stated preferences for the water pipeline
to be inside or outside of ROW in their GMA; however, Weld County's preference in
unincorporated Weld County takes precedence. Thornton reviewed GMA boundaries and
transportation master plans for Berthoud, Dacono, Firestone, Frederick, Fort Lupton,
Mead, Milliken, Johnstown, Platteville, Severance, Timnath and Windsor to determine the
extent of future ROW within GMA boundaries. Thornton will coordinate the location of the
water pipeline within these municipalities and Weld County as appropriate.
Unincorporated communities and historic townsites:
Section 22-2-60.E. - UC.Goal 2. Maintain the rural character of the unincorporated
communities.
Criteria used for developing the water pipeline location included minimizing impacts to
agricultural uses. Thornton's land services representatives have worked with property
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owners along the water pipeline alignment to explain pipeline construction, operations, and
maintenance activities and to determine the location for the water pipeline that best meets
property owners' reasonable preferences, including routing the water pipeline to minimize
affecting the operation of irrigation equipment. The process to develop the water pipeline
route is a result of negotiations with individual property owners or detailed land, utility, or
resource surveys that revealed engineering or environmental constraints.
Thornton's land services representatives negotiate the purchase of easements where
needed based on fair market value. The easements will grant Thornton an area to
construct, operate, and maintain the water pipeline, and property owners will maintain fee
title to the land. Property owners can continue to use the land within the easement area for
purposes such as farming, grazing, or access, so long as such uses do not interfere with
or endanger the operation of the TWP. The predominant land use in the TWP area,
agricultural use, is compatible with operation of the TWP because the water pipeline and
fiber optic cable will be buried below the plow line.
Additional measures that will be implemented to minimize impacts to irrigated agricultural
land include:
• Stripping and storing topsoil separately from excavated trench materials
• Seeding or leaving land fallow in accordance with the individual property owner's
agreed -upon reclamation procedures following construction of the water pipeline
The TWP will cross multiple irrigation ditches along the water pipeline route within
unincorporated Weld County as presented in Section 6. Thornton has begun outreach to
each irrigation ditch company to begin coordination activities. As part of the negotiation
process for acquiring easements, Thornton's land service representatives coordinate with
property owners on lateral ditch crossings to limit impacts to agricultural operations.
Thornton will obtain appropriate agreements for each crossing before construction. No
direct effects on water flow, quantity, quality, or timing in the irrigation ditches are
anticipated. Crossings will be constructed using either trenchless or open -cut methods as
required by the irrigation ditch company and during times the ditch is not running, if
required.
Section 22-2-60.E. - UC.Policy 4.1. Property owners should demonstrate
responsibility of ownership by minimizing safety and health hazards resulting from,
but not limited to, derelict structures, derelict vehicles and noncommercial
junkyards.
Thornton and the TWP contractors will provide and maintain sanitary accommodations for
the use of their employees during construction of the TWP in a manner that complies with
the requirements and regulations of health departments and other governmental bodies.
These accommodations, including trash dumpsters, will be located in several locations
along the TWP alignment based on the general plan for construction. In its contract with
the TWP contractors, Thornton will require that the TWP contractors comply with applicable
laws and regulations. Construction waste will be stockpiled in construction staging areas
and removed from the construction site during the construction process. Trash dumpsters
will be emptied approximately every 1 to 2 weeks. The TWP will not include the need for
permanent dumpsters as the water tank, pump stations, and underground water pipeline
will be unmanned.
Regional Urbanization Areas (RUAs}:
Section 22-2-140 - RUA.Goal 2. The County, property owners, municipalities and
other jurisdictions should coordinate urban land use planning within the Regional
Urbanization Areas, concerning but not limited to development policies and
standards, zoning, street and highway construction, open space and trails, public
infrastructure and other matters associated with urban development.
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The water pipeline is located within the Dry Creek Regional Urbanization Area (RUA).
Within this RUA, the water pipeline is parallel to the future ROW of County Road 17. The
water pipeline and fiber optic cable will be compatible with adjacent land uses because
they will be buried at a depth sufficient to prevent interference with anticipated land uses.
The TWP is a low impact, passive use that is compatible with other uses. The water pipeline
and fiber optic cable will be buried, and land use effects are anticipated to be minimal after
construction.
Section 22-2-140 - RUA.Goal 3. Development within Regional Urbanization Areas
should occur in a manner that results in an attractive and functional working and
living environment.
The water pipeline is located within the Dry Creek Regional Urbanization Area (RUA).
Within this RUA, the water pipeline is parallel to the future ROW of County Road 17. The
water pipeline and fiber optic cable will be compatible with adjacent land uses because
they will be buried at a depth sufficient to prevent interference with anticipated land uses.
The TWP is a low impact, passive use that is compatible with other uses. The water pipeline
and fiber optic cable will be buried, and land use effects are anticipated to be minimal after
construction.
Section 22-2-140 - RUA.Policy 3.1. Consider the compatibility with surrounding land
uses and natural site features.
The water pipeline is located within the Dry Creek Regional Urbanization Area (RUA).
Within this RUA, the water pipeline is parallel to the future ROW of County Road 17. The
water pipeline and fiber optic cable will be compatible with adjacent land uses because
they will be buried at a depth sufficient to prevent interference with anticipated land uses.
The TWP is a low impact, passive use that is compatible other uses. The water pipeline
and fiber optic cable will be buried, and land use effects are anticipated to be minimal after
construction.
The water pipeline crosses Big Dry Creek within the Dry Creek RUA. The TWP will utilize
trenchless construction methods to minimize impacts to natural resources such as
jurisdictional waters and wildlife habitat associated with those areas. The area disturbed in
constructing the water pipeline will be restored to pre -construction conditions, including
grade and vegetation.
Section 22-2-140 - RUA.Policy 3.6. Development should conserve and/or enhance
natural resources and features.
The water pipeline is located within the Dry Creek Regional Urbanization Area (RUA).
Within this RUA, the water pipeline is parallel to the future ROW of County Road 17. The
water pipeline and fiber optic cable will be compatible with adjacent land uses because
they will be buried at a depth sufficient to prevent interference with anticipated land uses.
The TWP is a low impact, passive use that is compatible other uses. The water pipeline
and fiber optic cable will be buried, and land use effects are anticipated to be minimal after
construction.
The water pipeline crosses Big Dry Creek within the Dry Creek RUA. The TWP will utilize
trenchless construction methods to minimize impacts to natural resources such as
jurisdictional waters and wildlife habitat associated with those areas. The area disturbed in
constructing the water pipeline will be restored to pre -construction conditions, including
grade and vegetation.
Environmental Resources Goals and Policies:
Section 22-4-30.A.1. - WA.Policy 1.1. Acknowledge a water right as real property that
is held by the individual or entity that has developed or maintained the water decree.
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The TWP will not impact water rights rather it is a water delivery system that will convey
domestic water from the WSSC system, purchased by Thornton in the mid -1980's, from
unincorporated Larimer County to Thornton. Water from the WSSC system purchased by
Thornton from willing sellers has been decreed in Water Court for use in Thornton.
Section 22-4-30.B. - WA.Goal 2. Strive to maintain and protect water supply storage
facilities, conveyances and infrastructure adequate to sustain continued water use.
Impacts to existing water use facilities will be managed and mitigated. The TWP route was
located to minimize impacts to water supply storage facilities. The TWP will cross water
supply conveyances and infrastructure, such as irrigation ditches and pipelines conveying
raw and domestic water service.
As part of the stakeholder outreach effort, Thornton has met with local major water
providers and sent letters to water providers to begin coordination activities regarding
possible crossings of existing and proposed future utilities. The water pipeline and
appurtenances will be designed and constructed in accordance with accepted standards
of practice. The design will incorporate criteria for crossing existing utilities, such as
minimum clearance requirements between pipelines. Subsurface utility engineering will be
completed during the design and construction phases of the TWP and will include surface
geophysical methods and test holes to determine the locations of existing utilities. The
depth of bury will vary based on existing utility crossings, road crossings, water crossings,
other existing or proposed features, and property owner's reasonable preferences.
During construction of the water pipeline short-term disruptions could occur to domestic
water service if a utility requires relocation. Area residents will be notified in advance of any
service disruptions.
The TWP will cross multiple irrigation ditches within unincorporated Weld County. Thornton
has begun outreach to each irrigation ditch company to begin coordination activities.
Thornton will obtain appropriate agreements for each crossing prior to construction.
Crossings will be constructed using either open -cut or trenchless construction methods as
directed by the irrigation ditch company and during times the ditch is not running, if
required.
Section 22-4-30.D. - WA.Goal 4. Strive to address the quality of all water bodies as
outlined in the State and Federal Water Quality Standards.
Development of the TWP route considered pipeline construction locations that minimize
impacts to historical surface and subsurface water flows in the project area. Pipeline
crossings of jurisdictional waters, including wetlands, will be constructed utilizing
trenchless construction methods. This construction method will eliminate surface
disturbance to the waterbody and effects on water quality. The TWP will cross multiple
open waters, riparian areas, and wetlands.
Prior to construction, Thornton and/or the TWP contractors will obtain the required Weld
County grading permit and CDPHE Stormwater Discharge Associated with Construction
Activity — General Permit. SWMPs will be developed under the general permit to protect
the quality of stormwater runoff during construction in accordance with the Construction
Stormwater Discharge Permit requirements.
Construction wastewater associated with the potential dewatering of trenches would be
handled in accordance with CDPHE permit discharge requirements. Prior to construction,
Thornton and/or the TWP contractors will obtain a CDPHE General Permit for Construction
Dewatering Activities and specify the management measures to be used to capture and
manage any generated discharge.
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To protect water resources from potential contamination, construction staging areas will be
located and arranged in a manner to preserve trees and vegetation to the extent feasible.
Excavated material or other construction materials will not be stockpiled or deposited near
or on -stream banks or other watercourse perimeters where they could be washed away by
high water or storm runoff, or could encroach upon stream banks. Best management
practices will be implemented for stormwater management.
Section 22-4-30.0.2. - WA.Policy 4.2. Applications for new development should
include provisions for adequately handling drainage and for controlling surface
erosion or sedimentation within the site itself.
Surface drainage stormwater BM Ps will include application of erosion control techniques
and the successful revegetation of disturbed areas. The required Weld County grading
permit and CDPHE construction stormwater permits and SWMPs will include detailed
descriptions of BMPs that will be used to protect surface hydrology and water quality.
No permanent stormwater facilities are anticipated to be required for the water pipeline and
water tank. Preliminary drainage reports have been developed for the pump station
locations. Based on the preliminary analysis, detention ponds are anticipated to be required
at the pump station sites. Stormwater facilities will be designed and constructed in
accordance with Weld County and other requirements as applicable.
Section 22-4-30.F. - WA.Goal 6. Development should occur in areas where adequate
water quantity and quality is currently available or reasonably obtainable.
During construction, water may be purchased from local water providers for construction
activities such as watering the construction site to mitigate fugitive dust or hydrostatically
testing the water pipeline. Contractors will provide bottled water, water cooler service, or
other temporary source of drinking water during construction. Temporary water sources
could include nearby fire hydrants or water pipelines. Thornton and/or TWP contractors will
negotiate purchase of water deliveries from municipal and/or private sources. The TWP
will not include the need for a permanent water supply for domestic purposes as the water
tank, pump stations, and underground water pipeline will be unmanned.
Air Goals and Policies.
Section 22-4-50.A.1. - AIR.Policy 1.1. If applicable, land use applications should
demonstrate future impacts on current air quality.
The amount of surface clearing required for construction will exceed 25 acres; therefore,
Thornton and/or the TWP contractors will develop a fugitive dust control plan, submit an
air pollution emissions notice, and obtain a permit from CDPHE before construction
activities in accordance with state air quality regulations. The TWP will be constructed
under multiple packages; therefore, multiple permits will be obtained as required.
Construction activities, such as vehicles driven over cleared ground, general disturbance
to vegetated areas, or soil stockpiles susceptible to winds, can cause fugitive dust. During
construction, dust control measures will be implemented. Examples of these mitigation
measures that may be used on the TWP include:
• Speed limits for construction vehicles within the work area
• Water application to disturbed areas, dirt access roads, and stockpiles
• Erosion control techniques and best management practices
• Revegetation of disturbed areas where appropriate following construction activities
Water will be used as needed for dust suppression during construction. Water sources
could be nearby fire hydrants, water pipelines, and water trucks. Water may be purchased
from local water providers for construction activities.
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During construction painting activities are anticipated to occur. TWP contractors will be
required to meet federal, state, and local requirements limiting emission of volatile organic
compounds.
Permanent facilities associated with the TWP will comply with air pollution control
regulations. The water pipeline, buried appurtenances, and water tank will not have
emission sources; therefore, will not require a Colorado Air Emissions Permit. An
emergency backup diesel generator might be located outside at each of the pump stations
for emergency backup power if a second electrical feed is not included. If a second
electrical feed is feasible and cost-effective, emergency diesel powered backup generators
will not be required. Thornton will continue to coordinate with PVREA and United Power to
determine specific requirements for power service to the pump stations. The proposed
generator will comply with county, state, and federal air quality standards. If required by
the state, a Colorado Air Emissions Permit will be obtained prior to system startup.
Noise Goals and Policies.
Section 22-4-70.A. - N.Goal 1. Minimize the impact of noise on County residents.
During construction of the TWP, the TWP will comply with Weld County's then -existing
maximum permissible noise levels. Noise from construction equipment will be of short
duration during construction. Noise levels from equipment will be controlled through the
use of standard maintenance procedures and the use of appropriate mufflers. Construction
hours will typically be from 7:00 a.m. to 7:00 p.m., Monday through Saturday unless
otherwise approved by Weld County. Construction may extend beyond these hours on an
as -required and case -by -case approved basis. For example, some construction activities
may be required to complete uninterruptible tasks, meet an in-service date, or limit short-
term impacts to traffic.
No noises related to the water pipeline and water tank operation are anticipated. At the
pump station sites, mitigation measures will be implemented and the pump stations will
comply with Weld County's then -existing maximum permissible noise levels.
Waste transfer, processing and diversion Goals and Policies.
Section 22-4-100.A. - TPD.Policy 1.1. Land use applications should be required to
characterize the waste stream associated with the proposed land use.
Thornton and the TWP contractors will provide and maintain sanitary accommodations for
the use of their employees during construction of the TWP in a manner that complies with
the requirements and regulations of health departments and other governmental bodies.
These accommodations, including trash dumpsters, will be located in several locations
along the TWP alignment based on the general plan for construction. In its contract with
the TWP contractors, Thornton will require that the TWP contractors comply with applicable
laws and regulations. Construction waste will be stockpiled in construction staging areas
and removed from the construction site during the construction process. Trash dumpsters
will be emptied approximately every one (1) to two (2) weeks. The TWP will not include the
need for permanent dumpsters as the water tank, pump stations, and underground water
pipeline will be unmanned.
Construction, operation, and maintenance activities will follow best management practices
for the management of wastes to avoid and minimize impacts from potential spills or other
releases to the environment. Adverse impacts from the release of construction or
operations wastes are not expected.
Hazardous waste Goals and Policies
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Section 22-4-180.A. - H.Goal 1. Encourage the minimization and careful collection of
hazardous waste. Require the proper disposal of hazardous components, products
and waste.
Construction activities involving Thornton or the TWP contractors bringing any hazardous
materials onto the site will comply with applicable federal, state, and local laws and
regulations regarding the handling, storage, disposal, transportation, and use of hazardous
substances. In its contract with the TWP contractors, Thornton will require that the TWP
contractors comply with applicable laws.
During construction fueling requirements will be met before arrival at the construction site,
if possible. Heavy equipment left on site for construction activities will require onsite fueling
at staging areas or the construction site. No bulk fuel storage is anticipated to occur on
site. Fueling vehicles will be equipped with spill kits and fire extinguishers, and personnel
will be properly trained in spill prevention, control, and countermeasures. Other hazardous
materials may be required for construction activities and could include, but are not limited
to solvents (paint, cleaning products) and hydraulic fluid and oil for maintaining construction
equipment. These materials are not anticipated to be stored in bulk on site.
During operations should a second electrical feed to the pump stations not be available, or
require significant improvements to the utility grid, backup diesel generators will be installed
at both pump stations. The amount of fuel stored will be that required for thirty-six (36)
hours of operation at full load. At each pump station, three (3) two (2) -megawatt diesel
generators with approximately 4,150 -gallon underbelly tanks will be installed, if required.
In this arrangement, approximately 12,500 gallons of diesel fuel will be stored onsite. No
hazardous materials will be stored at the water tank or along the water pipeline.
Section 22-4-180.A.1. - H.Policy 1.1. All producers of regulated hazardous waste and
users of regulated hazardous materials within the County should comply with
federal, state and County statutes, regulations and ordinances regarding use,
reporting, storage and disposal of regulated hazardous waste or products.
Construction activities involving Thornton or the TWP contractors bringing any hazardous
materials onto the site will comply with applicable federal, state, and local laws and
regulations regarding the handling, storage, disposal, transportation, and use of hazardous
substances. In its contract with the TWP contractors, Thornton will require that the TWP
contractors comply with applicable laws.
Noxious weeds Goals and Policies.
Section 22-4-210.A.2. - NW.Policy 1.2. Attempt to control noxious weeds on County
property and in County maintained rights -of -way.
Noxious weeds within the TWP construction limits, including within Weld County ROW, will
be controlled using the following IPM methods as described by the CDOA. The following
methods have been developed to control noxious weeds in a manner that prevents harm
to human health and to environmentally sensitive areas such as waterways and desirable
vegetation including native trees.
• Major equipment (e.g. truck equipment and backhoes) will be cleaned by high pressure
air or water spray before being delivered to the project area to avoid introducing
undesirable plants and noxious weeds.
• If practicable, topsoil should not be salvaged in any area densely infested with noxious
weeds.
• For areas where removal is not practicable or only a small area of noxious weeds is
present, pretreat all noxious weed populations in the topsoil.
• Fertilizer or other soil amendments will not be used unless recommended by a
revegetation specialist based on site -specific conditions. The use of fertilizers will be
restricted because they can promote noxious weeds and can be detrimental to native
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species in the revegetation mix.
• After construction is complete, all disturbed areas will be properly revegetated as
quickly as possible. Prompt revegetation with appropriate species is essential for
preventing the spread of noxious weeds.
• Certified weed -free seed and mulch will be used for revegetation. Weed -free straw
bales will be used for sediment barriers.
• If stands of noxious weeds become established, weed control would be implemented
following an integrated approach specific to the weed species present.
• Because new control methods are continually being developed, particularly for
herbicide applications, any control methods used will follow the CDOA and Weld
County recommendations at the time of implementation.
Wildlife Goals and Policies.
Section 22-5-30.A. - W.Goal 1. New development should be located and designed to
conserve critical ecosystem components, including wetlands, significant wildlife
habitats and migration corridors. Significant wildlife habitat is defined as a
geographical area containing existing or migrating wildlife and a combination of the
essential elements of food, water, cover and space in quantities sufficient to support
appropriate wildlife.
The TWP will utilize trenchless construction methods for water pipeline installation to
minimize impacts to natural resources such as jurisdictional waters and wildlife habitat
associated with those areas. The area disturbed in constructing the water pipeline will be
restored to pre -construction conditions, including grade and vegetation, minimizing long-
term impacts to wildlife.
The TWP was assessed for potential jurisdictional waters and wildlife habitat using publicly
available mapping and aerial photographs, and by conducting a windshield survey of areas
that could be publicly accessed. Information on terrestrial and aquatic animals was
obtained from various sources including Colorado Parks and Wildlife, Colorado Natural
Diversity Information System, Colorado Natural Heritage Program, U.S. Fish and Wildlife
Service, published literature, and field surveys. Site surveys will be performed to aid in the
determination of jurisdictional waters and wildlife habitat. Information from the assessment
and survey information will be used to develop final design. Mitigation methods to minimize
impacts to these areas will be incorporated into the design and construction as appropriate.
Jurisdictional water crossings will be constructed using trenchless construction methods.
An assessment was conducted for potential habitat of federally threatened, endangered,
and candidate species protected under the Endangered Species Act. The TWP will have
no effect on federally listed threatened, endangered, or candidate wildlife or plant species.
Mitigation measures such as restricting construction during nesting seasons may be
implemented as appropriate. Impacts to these areas will be temporary and only occur while
the water pipeline construction is taking place. After construction is completed, the area
will be restored to pre -construction grades and vegetation.
Section 22-5-30.A.1. - W.Policy 1.1. Development and design of land uses which
require drainage, excessive removal of riparian vegetation and alterations of river or
stream banks should be discouraged in order to protect river or stream quality and
to protect key wildlife habitat.
The water pipeline will not require drainage and no alterations of river or stream banks will
occur. Site surveys will be performed to aid in the determination of jurisdictional waters and
wildlife habitat associated with those areas. Information from the assessment and survey
information will be used to develop final design. Mitigation methods to minimize impacts to
these areas will be incorporated into the design and construction as appropriate.
Jurisdictional water crossings will be constructed using trenchless construction methods.
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Open waters and wetlands determined to be non -jurisdictional and any riparian areas
would be temporarily impacted by open cut trenching activities. During construction, the
trench would be as narrow as safely practicable when crossing non -jurisdictional waters
and wetlands or any riparian areas. The area disturbed in constructing the water pipeline
will be restored to pre -construction conditions, including grade and vegetation.
No riparian areas have been identified at the water tank and pump station sites and no
alterations of river or stream banks will occur at those sites. No permanent stormwater
facilities are anticipated to be required for the water pipeline and water tank. Preliminary
drainage reports have been developed for the pump station locations. Based on the
preliminary analysis, detention ponds are anticipated to be required at the pump station
sites.
Section 22-5-30.A.2. - W.Policy 1.2. Conflicts with fish and wildlife habitats and
migration routes should be considered in land development. Developments adjacent
to rivers and streams, waterfowl areas and important or critical wildlife areas should
incorporate reduced densities, adequate setbacks and buffered areas.
The TWP will utilize trenchless construction methods for water pipeline installation to
minimize impacts to natural resources such as jurisdictional waters and wildlife habitat
associated with those areas. The area disturbed in constructing the water pipeline will be
restored to pre -construction conditions, including grade and vegetation, minimizing long-
term impacts to wildlife.
The TWP was assessed for potential jurisdictional waters and wildlife habitat using publicly
available mapping and aerial photographs, and by conducting a windshield survey of areas
that could be publicly accessed. Information on terrestrial and aquatic animals was
obtained from various sources including Colorado Parks and Wildlife, Colorado Natural
Diversity Information System, Colorado Natural Heritage Program, U.S. Fish and Wildlife
Service, published literature, and field surveys. Site surveys will be performed to aid in the
determination of jurisdictional waters and wildlife habitat. Information from the assessment
and survey information will be used to develop final design. Mitigation methods to minimize
impacts to these areas will be incorporated into the design and construction as appropriate.
Jurisdictional water crossings will be constructed using trenchless construction methods.
An assessment of the TWP was conducted for wildlife habitat and migration corridors.
The TWP could temporarily impede movement of wildlife and result in the displacement of
some individuals during construction activities. During construction, wildlife crossovers
(trench plugs) with ramps on each side of the trench could be installed at well-defined game
trails. The water pipeline would not provide a barrier to wildlife movement over the long
term because the water pipeline would be buried.
Section 22-5-30.A.3. - W.Policy 1.3. Identify and attempt to protect critical or unique
habitat areas of high public value, such as habitats of endangered or unique species,
significant viewing areas and breeding and spawning areas.
An assessment was conducted for potential habitat of federally threatened, endangered,
and candidate species protected under the Endangered Species Act. The TWP will have
no effect on federally listed threatened, endangered, or candidate wildlife or plant species.
Mitigation measures such as restricting construction during nesting seasons may be
implemented as appropriate.
Impacts to these areas will be temporary and only occur while the water pipeline
construction is taking place. After construction is completed, the area will be restored to
pre -construction grades and vegetation.
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Section 22-5-30.B.1. - W.Goal 2. Traditional wildlife uses, such as hunting, trapping
and fishing in agricultural and nondeveloped portions of the County, are beneficial.
Support the maintenance of these wildlife uses.
The TWP is located in and adjacent to agricultural land use areas and non -developed
portions of Weld County. The water pipeline and fiber optic cable will be compatible with
existing agricultural uses and agricultural use within the permanent easement can continue
after construction so long as such uses do not interfere with or endanger the operation of
the TWP. The TWP is not anticipated to impact wildlife uses, such as hunting, trapping,
and fishing practices once the water pipeline and fiber optic cable are installed.
Section 22-5-30.B.1. - W.Policy 2.1. The effect of proposed development upon wildlife
and habitat should be evaluated. Loss of critical habitat should be mitigated. The
County will maintain maps of known critical wildlife habitats.
An assessment of the TWP was conducted for wildlife and wildlife habitat. Information on
terrestrial and aquatic animals was obtained from various sources including Colorado
Parks and Wildlife, Colorado Natural Diversity Information System, Colorado Natural
Heritage Program, U.S. Fish and Wildlife Service, published literature, and field surveys.
An assessment was conducted for potential habitat of federally threatened, endangered,
and candidate species protected under the Endangered Species Act. The TWP will have
no effect on federally listed threatened, endangered, or candidate wildlife or plant species.
Mitigation measures such as restricting construction during nesting seasons may be
implemented as appropriate.
Along the water pipeline alignment, impacts to these areas will be temporary and only occur
while the water pipeline construction is taking place. After construction is completed, the
area will be restored to pre -construction grades and vegetation.
Section 22-5-30.B.2. - W.Policy 2.2. The integrity of movement in wildlife corridors
should be conserved.
An assessment of the TWP was conducted for wildlife habitat and migration corridors. A
description of the ways that wildlife use the area within and near the TWP, and the species
involved with proposed setbacks and other potential mitigation measures, can be found in
the Natural and Cultural Resources Assessment.
The TWP could temporarily impede movement of wildlife and result in the displacement of
some individuals during construction activities. During construction, wildlife crossovers
(trench plugs) with ramps on each side of the trench could be installed at well-defined game
trails. The water pipeline would not provide a barrier to wildlife movement over the long
term because the water pipeline would be buried.
Section 22-5-30.B.3. - W.Policy 2.3. Destruction of wetlands or riparian areas will be
strongly discouraged, and mitigation for loss of wetlands and riparian habitat will
be encouraged.
Site surveys will be performed to aid in the determination of jurisdictional waters and wildlife
habitat associated with those areas. Information from the assessment and survey
information will be used to develop final design. Mitigation methods to minimize impacts to
these areas will be incorporated into the design and construction as appropriate.
Thornton has been in discussions with USACE beginning in 2014 to provide information
on the TWP to USACE staff. Thornton will continue consulting with USACE and plans to
submit a jurisdictional determination request to USACE before completing design activities
to determine which areas in the TWP are jurisdictional waters. Design will include
trenchless construction methods at jurisdictional water crossings.
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Open waters and wetlands determined to be non -jurisdictional and any riparian areas
would be temporarily impacted by open cut trenching activities. During construction, the
trench would be as narrow as safely practicable when crossing non -jurisdictional waters
and wetlands or any riparian areas. The area disturbed in constructing the water pipeline
will be restored to pre -construction conditions, including grade and vegetation.
Section 22-5-30.C. - W.Goal 3. Coordinate with local, state and federal agencies to
identify, conserve, protect or enhance critical fish and wildlife habitat by attempting
to implement measures for the protection or enhancement of such areas.
Thornton has conducted initial coordination meetings with CPW and will continue
coordination with CPW as the TWP is developed and implemented. CPW has published
recommended buffer zones and seasonal restrictions for raptors in Colorado to minimize
the effects of disturbance. Thornton will review the CPW raptor nest data and perform nest
surveys for raptors before the nesting season to identify potential active raptor nests before
construction. Thornton will coordinate with CPW regarding any potential conflicts between
scheduled construction and potential raptor nests and develop measures acceptable to
CPW to minimize impacts on nesting raptors. Thornton has sent letters to CPW and
USFWS to initiate coordination activities.
Open space, parks and recreation Goals and Policies.
Section 22-5-50.D. - O.Goal 4. Encourage the preservation, enhancement and/or
maintenance of significant natural land features during the land use process.
The TWP will utilize trenchless construction methods for water pipeline installation to
minimize impacts to natural resources such as jurisdictional waters and wildlife habitat
associated with those areas. The area disturbed in constructing the water pipeline will be
restored to pre -construction conditions, including grade and vegetation, minimizing long-
term impacts to wildlife.
Section 22-5-40.D.3. - O.Policy 4.3. Encourage compatible, drought -tolerant
landscaping in land use proposals and ensure the integration of new landscaping
with the existing natural landscape.
The majority of the impacts on vegetation will be temporary during construction of the water
pipeline and long-term impacts to native vegetation communities are not expected.
Disturbed areas will be restored to pre -construction grades and revegetated where
appropriate after construction. Areas disturbed for water tank and pump station sites that
are not designated for infrastructure, such as tank/forebay, buildings, parking and access
areas, and equipment will be revegetated where appropriate after construction. Restored
vegetation will be comparable to existing vegetation. Certified weed -free seed mix
consisting of drought -tolerant native grasses and other types of vegetation as appropriate
to meet property owner's reasonable preferences or regulatory requirements will be
specified in the SWMP for the revegetation of disturbed areas. Disturbed mature vegetation
will be replaced, per a property owner's reasonable request, with a like species.
Potential future repairs and maintenance could affect discrete areas of vegetation when
the water pipeline is accessed in a particular location. Any vegetated areas disturbed
during maintenance or required repairs will be restored by the methods used during
construction..
Other Natural Resources Goals and Policies:
Section 22-5-120.C. - NR. Goal 3. Recognize Weld County soils as a natural resource
that is important to support the Weld County economy.
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Surface drainage BMPs implemented during construction will include application of erosion
control techniques and the successful revegetation of disturbed areas. The required Weld
County grading permit and CDPH E construction stormwater permits will be obtained before
construction, and the associated SWMPs will include detailed descriptions of BMPs that
will be used to control erosion. Disturbed areas will be restored to pre -construction grades
and revegetated where appropriate after construction.
No permanent stormwater facilities are anticipated to be required for the water pipeline and
water tank; drainage narratives are provided in Section 16 and Volume 4. Preliminary
drainage reports have been developed for the pump station locations and those reports
are included in Section 16. Based on the preliminary analysis, detention ponds are
anticipated to be required at the pump station sites.
Topsoil will be stripped and stored separately from excavated trench materials.
Section 22-5-120.C.1. - NR.Policy 3.1. Support efforts to limit the loss of soil through
wind and water erosion.
Surface drainage BM Ps implemented during construction will include application of erosion
control techniques and the successful revegetation of disturbed areas. The required Weld
County grading permit and CDPHE construction stormwater permits will be obtained before
construction, and the associated SWMPs will include detailed descriptions of BMPs that
will be used to control erosion. Disturbed areas will be restored to pre -construction grades
and revegetated where appropriate after construction. Permanent stormwater detention
will be constructed as required by Weld County Storm Drainage Criteria to mitigate erosion
from surface runoff.
Section 22-5-120.D.1. - NR.Policy 4.1. Support the responsible use of dryland grass
areas of the County for ranching, farming, mineral extraction and other beneficial
uses.
The easements needed for the water pipeline will grant Thornton an area to construct,
operate, and maintain the water pipeline, and property owners will maintain fee title to the
land. Property owners can continue to use the land within the easement area for purposes
such as farming, ranching or other beneficial uses, so long as such uses do not interfere
with or endanger the operation of the TWP.
The majority of the impacts on vegetation will be temporary during construction of the water
pipeline and long-term impacts to native vegetation communities are not expected.
Disturbed areas will be restored to pre -construction grades and revegetated where
appropriate after construction. Areas disturbed for water tank and pump station sites that
are not designated for infrastructure, such as tank/forebay, buildings, parking and access
areas, and equipment will be revegetated where appropriate after construction. Restored
vegetation will be comparable to existing vegetation. Certified weed -free seed mix
consisting of drought -tolerant native grasses and other types of vegetation as appropriate
to meet property owner's reasonable preferences or regulatory requirements will be
specified in the SWMP for the revegetation of disturbed. Disturbed mature vegetation will
be replaced, per a property owner's reasonable request, with a like species.
Potential future repairs and maintenance could affect discrete areas of vegetation when
the water pipeline is accessed in a particular location. Any vegetated areas disturbed
during maintenance or required repairs will be restored by the methods used during
construction.
Section 22-5-120.F. - NR.Goal 6. Support efforts to record and preserve
archeological, cultural and historic resources.
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A Class I File Search and Literature Review for cultural resources was conducted. Based
on that review, there are no cultural sites or structures that are listed on the State and
National Register of Historic places within the TWP within unincorporated Weld County.
Information provided includes mitigation measures that could be implemented for the TWP.
Economic development Goals and Policies.
Section 22-6-20.A. - ECON.Goal 1. Encourage the expansion of existing businesses
and the location of new industries that will provide employment opportunities in the
County.
The TWP contractors will provide construction crews that are not anticipated to exceed
approximately 100 workers at any one time. Some workers may reside outside of the local
areas and will require lodging or temporary housing. The number of construction workers
on site will depend on the contractors and the construction activity occurring during a
particular time. Thornton will endorse hiring local workers.
TWP contractors and construction workers will likely support local businesses to meet a
need for durable and nondurable goods and services.
Section 22-6-20.A.3. - ECON.Policy 1.3. Promote the preservation and enhancement
of the major assets in the County - lower costs of doing business, safe communities,
a qualified and available workforce and access to agricultural and natural resources
- to retain current employers and attract new ones. Maintain and improve basic
County services and infrastructure, in order to ensure that the County is a viable
candidate for attracting businesses, labor and capital.
Criteria used for developing the water pipeline location included minimizing impacts to
agricultural uses. Thornton's land services representatives have worked with property
owners along the water pipeline alignment to explain pipeline construction, operations, and
maintenance activities and to determine the location for the water pipeline that best meets
property owners' reasonable preferences, including routing the water pipeline to minimize
affecting the operation of irrigation equipment. The process to develop the water pipeline
route is a result of negotiations with individual property owners or detailed land, utility, or
resource surveys that revealed engineering or environmental constraints.
Thornton's land services representatives negotiate the purchase of easements where
needed based on fair market value. The easements will grant Thornton an area to
construct, operate, and maintain the water pipeline, and property owners will maintain fee
title to the land. Property owners can continue to use the land within the easement area for
purposes such as farming, grazing, or access, so long as such uses do not interfere with
or endanger the operation of the TWP. The predominant land use in the TWP area,
agricultural use, is compatible with operation of the TWP because the water pipeline and
fiber optic cable will be buried below the plow line.
Additional measures that will be implemented to minimize impacts to irrigated agricultural
land include:
• Stripping and storing topsoil separately from excavated trench materials
• Seeding or leaving land fallow in accordance with the individual property owner's
agreed -upon reclamation procedures following construction of the water pipeline
The TWP will cross multiple irrigation ditches along the water pipeline route within
unincorporated Weld County. Thornton has begun outreach to each irrigation ditch
company to begin coordination activities. As part of the negotiation process for acquiring
easements, Thornton's land service representatives coordinate with property owners on
lateral ditch crossings to limit impacts to agricultural operations. Thornton will obtain
appropriate agreements for each crossing before construction. No direct effects on water
flow, quantity, quality, or timing in the irrigation ditches are anticipated. Crossings will be
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constructed using either trenchless or open -cut methods as required by the irrigation ditch
company and during times the ditch is not running, if required.
The TWP will not have a negative effect on local government or any other existing public
facilities and services. The construction, operation, and maintenance of the underground
water pipeline and appurtenances will not require any new public facilities or impact
existing services such as police, fire, water, waste water, and healthcare.
To determine the water pipeline route least impactful to local communities, Thornton, in
2015, conducted a series of outreach meetings with local governments and agencies that
could be impacted by the TWP. During the outreach meetings with each local government
and agency, feedback was collected to determine preference(s) and/or determine potential
problems, including planned developments, for the location of the water pipeline within the
local government or agency's jurisdictional and/or GMA boundaries.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map:
A. A Road Maintenance Agreement is required during construction with this pipeline project. Road
maintenance may include dust control, tracking control, and damage repair attributable to
construction of the pipeline and located within 1/2 mile of any construction access point for the
project. (Department of Public Works)
B. Final Drainage Reports and Certifications of Compliance, stamped and signed by a
Professional Engineer registered in the State of Colorado, are required for Booster Pump
Stations 1 and 2. (Department of Public Works)
C. A Final Drainage Report with a Certification of Compliance stamped and signed by a
Professional Engineer registered in the State of Colorado, or a Drainage Narrative with a
qualifying exception to stormwater detention, is required for each of the thirteen (13) proposed
staging areas. (Department of Public Works)
D. The applicant shall submit a recorded copy of all agreements/easements signed by all owners
of the property crossed by this project. All easements shall be referenced on the USR map by
the Weld County Clerk and Recorder's reception number. (Department of Public Works)
E. The applicant shall attempt to address the requirements of the Town of Windsor, as stated in
the referral response dated June 19, 2020. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services. (Department of Planning Services)
F. The applicant shall attempt to address the requirements of the Town of Frederick, as stated in
the Notice of Inquiry response dated March 23, 2020. Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services. (Department of Planning
Services)
G. The USR map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0130. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-520.D of the Weld County Code. (Department
of Planning Services)
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4) Show and label the exact location of the permanent easement. (Department of Planning
Services)
5) County Roads 4, 8, 10, 16, 22, 28, 32, 36, 40, 42, 52, 52 1/4, 56, 60, 86, 88, and 90 are
gravel roads and are designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as local roads, which require 60 feet of right-of-way. The applicant
shall delineate and label on the USR map the existing rights -of -way (along with the
documents creating the existing rights -of -way) and the physical location of the roads. All
setbacks shall be measured from the edge of rights -of- way. These roads are maintained
by Weld County. (Department of Public Works)
6) County Road 84 is a paved road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as local road, which requires 60 feet of right-
of-way. The applicant shall delineate and label on the USR map the existing right-of-way
(along with the documents creating the existing right-of-way) and the physical location of
the road. All setbacks shall be measured from the edge of rights -of -way. These roads are
maintained by Weld County. (Department of Public Works)
7) County Roads 6, 18, 20, 34, 38, 50, and 68 1/2 are paved roads and are designated on the
Weld County Functional Classification Map (Code Ordinance 2017-01) as collector roads,
which require 80 feet of right-of-way at full buildout. The applicant shall delineate and label
on the site map or plat the existing and future rights -of -way (along with the documents
creating the existing rights -of- way) and the physical location of the roads. All setbacks
shall be measured from the edge of rights- of -way. These roads are maintained by Weld
County. (Department of Public Works)
8) County Road 13 (between County Road 92 and Highway 14) is a gravel road and is
designated on the Weld County Functional Classification Map (Code Ordinance 2017-01)
as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label on the site map or plat the existing right-of-way (along with the
documents creating the existing right-of-way) and the physical location of the road. All
setbacks shall be measured from the edge of the future right-of-way. This road is
maintained by either Larimer or Weld County. When scalable construction drawings are
available (prior to construction), the applicant shall work with Public Works to determine
which County is responsible for the maintenance of County Road 13 at the point of
crossing. (Department of Public Works)
9) County Road 13 (between Highways 14 and 34) is a paved road and is designated on the
Weld County Functional Classification Map (Code Ordinance 2017-01) as an arterial road,
which requires 140 feet of right-of-way at full buildout. The applicant shall delineate and
label on the site map or plat the existing and future rights -of -way (along with the documents
creating the existing right -of- way) and the physical location of the road. All setbacks shall
be measured from the edge of the future right-of-way. This road is maintained by either
Larimer or Weld County. When scalable construction drawings are available (prior to
construction), the applicant shall work with Public Works to determine which County is
responsible for the maintenance of County Road 13 at the point of crossing. (Department
of Public Works)
10) At the point of crossing, County Road 54 (Freedom Parkway) is a paved road and is
designated on the Weld County Functional Classification Map (Code Ordinance 2017-01)
as an arterial road, which requires 140 feet of right-of-way at full buildout. The applicant
shall delineate and label on the site map or plat the existing and future rights -of -way (along
with the documents creating the existing right-of-way) and the physical location of the
roads. All setbacks shall be measured from the edge of the future right-of-way. This road
is maintained by Weld County. (Department of Public Works)
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11) County Roads 12, 70, and 72 are section line roads. The applicant shall determine all
existing section line rights -of -way and delineate them on the site plan. Label the section
line rights -of -way as "CR 12 (or 70 or 72) Section Line Right -Of -Way, Not County
Maintained." All setbacks shall be measured from the edge of the rights -of -way.
(Department of Public Works)
12) Show and label the proposed access locations, approved access width and the appropriate
turning radii (60') on the site plan. The applicant must obtain access permits in these
locations prior to construction. (Department of Public Works)
13) Show the Colorado Department of Transportation (CDOT) rights -of -way, for State
Highways 14, 34, 52, 60, 66, and 392, on the USR map along with the documents creating
the rights -of -way. If applicable, show the approved CDOT access(es) on the site plan and
label with the approved access permit number. (Department of Public Works)
14) The portion of County Roads 24 and 26 in the vicinity of the pipeline crossing is under the
jurisdiction of the Town of Firestone. Please contact the municipality to verify the right-of-
way. Show and label the right-of-way. Show the approved access(es) on the site plan and
label with the approved access permit number if applicable. (Department of Public Works)
15) The portion of County Road 14 in the vicinity of the pipeline crossing is under the jurisdiction
of the Town of Frederick. Please contact the municipality to verify the right-of-way. Show
and label the right-of-way. Show the approved access(es) on the site plan and label with
the approved access permit number if applicable. (Department of Public Works)
16) The portion of County Roads 12 1/2 and 17 in the vicinity of the pipeline crossing is under
the jurisdiction of the Town of Dacono. Please contact the municipality to verify the right-
of-way. Show and label the right-of-way. Show the approved access(es) on the site plan
and label with the approved access permit number if applicable. (Department of Public
Works)
17) The portion of County Roads 44 and 46 in the vicinity of the pipeline crossing is under the
jurisdiction of the Town of Johnstown. Please contact the municipality to verify the right-of-
way. Show and label the right-of-way. Show the approved access(es) on the site plan and
label with the approved access permit number if applicable. (Department of Public Works)
18) The portion of County Roads 62, 64, and 66 in the vicinity of the pipeline crossing is under
the jurisdiction of the Town of Windsor. Please contact the municipality to verify the right-
of-way. Show and label the right-of-way. Show the approved access(es) on the site plan
and label with the approved access permit number if applicable. (Department of Public
Works)
19) The portion of County Road 78 in the vicinity of the pipeline crossing is under the jurisdiction
of the Town of Severance. Please contact the municipality to verify the right-of-way. Show
and label the right-of-way. Show the approved access(es) on the site plan and label with
the approved access permit number if applicable. (Department of Public Works)
20) The portion of County Road 74, 76, and 80 are in the vicinity of the pipeline crossing is
under the jurisdiction of the Town of Timnath. Please contact the municipality to verify the
right-of-way. Show and label the right-of-way. Show the approved access(es) on the site
plan and label with the approved access permit number if applicable. (Department of Public
Works)
21) Show and label the approved tracking control on the site plan. (Department of Public
Works)
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22) Show and label an entrance gate where applicable. An access approach that is gated shall
be designed so that the longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event, shall the distance from the
gate to the edge of the traveled surface be less than 35 feet. (Department of Public Works)
23) If applicable, show and label a minimum 30 -foot wide access and utility easement needed
to provide legal access to the project on the site plan. (Department of Public Works)
24) Show and label the accepted drainage features. Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume.
(Department of Public Works)
25) Show and label the drainage flow arrows. (Department of Public Works)
26) Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a Mylar map along with all other
documentation required as Conditions of Approval. The Mylar map shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall
be prepared in accordance with the requirements of Section 23-2-520.D of the Weld County Code
or as approved by the Department of Planning Services. The Mylar map and additional
requirements shall be submitted within one hundred twenty (120) days from the date of the Board
of County Commissioners Resolution. The applicant shall be responsible for paying the recording
fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
map not be recorded within the required one hundred twenty (120) days from the date of the Board
of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
4. Prior to Construction for any segment of the pipeline:
A. The permitted accesses and required tracking control devices shall be constructed.
(Department of Public Works)
B. The applicant shall submit evidence of a right-of-way permit for any work that may be required
in the right-of-way and/or a special transport permit for any oversized or overweight vehicles
that may access the site. (Department of Public Works)
C. If more than one (1) acre of land is to be disturbed for the construction of non -pipeline activities
(i.e., construction of roads, driveways, buildings, parking areas, accesses, drainage facilities,
landscaping or other construction not directly in the pipeline trench), a Weld County grading
permit will be required. (Department of Public Works)
D. A Flood Hazard Development Permit is required to install pipelines in the 100 -year floodplain.
(Department of Planning Services - Floodplain)
E. The applicant shall submit Communication Plans. (Department of Planning Services)
F. The applicant shall submit a statement that addresses the lighting that will be used if there is
construction on the pipeline at night. (Department of Planning Services)
G. Provide a map showing location of the temporary staging areas separate from the USR map.
(Department of Planning Services)
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H. A Landscape and Screening Plan shall be submitted to and approved by the Department of
Planning Services that screens the pump stations and the water tank from the Surrounding
Property Owners and rights -of -way. (Department of Planning Services)
I. A Lighting Plan shall be submitted to and approved by the Department of Planning Services.
(Department of Planning Services)
J. Show and label the temporary during construction and permanent access permit locations.
(Department of Planning Services)
K. Show and label the access permit location for the staging areas. (Department of Planning
Services)
5. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency
Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility
operator, the Fire District and the Weld County Office of Emergency Management. Submit
evidence of acceptance to the Department of Planning Services. (Department of Planning
Services)
6. The Use by Special Review is not perfected until the Conditions of Approval are completed and the
map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on
the property, until the Use by Special Review map is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement.
(Department of Planning Services)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
City of Thornton Domestic Water Pipeline
USR18-0130
1. A Site Specific Development Plan and Special Review Permit for a greater than 16 -inch raw
domestic water pipeline (permanent forty-two (42) inch pipeline and associated appurtenances,
including but not limited to, one (1) -million gallon water tank, two pump stations, buried valve
assemblies, access manways, and fiber optic cable and temporary construction easements) in the
E (Estate) Zone District, the A (Agricultural) Zone District, and the RUA (Regional Urbanized Area)
Zone District, subject to the Development Standards stated hereon. (Department of Planning
Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The property owner or operator shall provide written evidence of an Emergency Action and Safety
Plan on or before March 15th of any given year signed by representatives for the Fire District and
the Weld County Office of Emergency Management to the Department of Planning Services.
(Department of Planning Services)
4. The number of employees during peak construction will be between eighty (80) and one hundred
(100) persons at multiple sites along the pipeline, according to the application materials.
(Department of Planning Services)
5. The number of employees post construction activity will include up to two (2) City of Thornton
employees traveling in one (1) pickup truck along the water pipeline route for visual inspections
and maintenance activities during the hours of 8 a.m. to 5 p.m. Monday through Friday. TWP
operators are also anticipated to conduct up to one (1) visit per day of the water tank and pump
station locations to inspect security and operation of each facility. (Department of Planning
Services)
6. Hours of operation during construction will occur between 7:00 a.m. and 7:00 p.m., Monday through
Saturday and may be extended with prior approval by the Department of Planning Services. The
pipeline will operate twenty-four (24) hours per day, seven (7) days per week post -construction. It
is expected that the City will be able to access the easement during anytime for maintenance and
repairs. (Department of Planning Services).
7. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of
the Weld County Code. (Department of Planning Services)
8. A Flood Hazard Development Permit is required for all construction or development occurring in
the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA)
FIRM Community Panel Map. Any development shall comply with all applicable Weld County
requirements, Colorado Water Conservation Board requirements as described in Rules and
Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements as
described in 44 CFR parts 59, 60, and 65. The FEMA definition of development is any man-made
change to improved or unimproved real estate, including but not limited to buildings or other
structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of
equipment and materials. (Department of Planning Services - Floodplain)
9. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain
boundaries have been modified. (Department of Planning Services - Floodplain)
10. The property owner or operator shall be responsible for controlling noxious weeds on the site,
pursuant to Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works)
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11. The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking. (Department of Public Works)
12. During construction, there shall be no parking or staging of vehicles on public roads. On -site parking
shall be utilized. (Department of Public Works)
13. The pipeline shall not be placed within County right-of-way, except for perpendicular crossings,
unless approved by the Board of County Commissioners. (Department of Public Works)
14. Any work that may occupy and or encroach upon any County rights -of -way or easement shall
acquire an approved Right -of -Way Use Permit prior to commencement. (Department of Public
Works)
15. The applicant shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Public Works)
16. Access for this project may be within unmaintained County rights -of -way. The maintenance of the
unmaintained rights -of -way will not be the responsibility of Weld County. (Department of Public
Works)
17. The historical flow patterns and runoff amounts in the project area will be maintained. (Department
of Public Works)
18. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Public Works)
19. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
20. During construction, no permanent disposal of wastes shall be permitted at this site. This is not
meant to include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and
Environment)
21. During construction, waste materials shall be handled, stored, and disposed in a manner that
controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County
Code. (Department of Public Health and Environment)
22. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the pipeline and until ground cover is established. Uses on the property shall comply
with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health
and Environment)
23. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
Application and obtain a permit from the Air Pollution Control Division, Colorado Department of
Public Health and Environment, as applicable. (Department of Public Health and Environment)
24. During construction, adequate toilet facilities and handwashing units shall be provided. Screened
portable toilets are acceptable. Screened portable toilets shall be serviced by a cleaner licensed in
Weld County, contain hand sanitizers and removed when construction is completed. (Department
of Public Health and Environment)
25. The operation shall comply with all applicable rules and regulations of the State and Federal
agencies and the Weld County Code. (Department of Public Health and Environment)
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26. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. Neither the direct, nor reflected, light from any light source may create
a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may
be used which may be confused with, or construed as, traffic control devices. (Department of
Planning Services)
27. Building permits shall be required for any new construction or set up manufactured structure, per
Section 29-3-10 of the Weld County Code. A building permit application must be completed and
submitted. Buildings and structures shall conform to the requirements of the various codes adopted
at the time of permit application. Currently, the following have been adopted by Weld County: 2018
International Building Codes; 2018 International Residential Code; 2006 International Energy
Code; 2017 National Electrical Code; and Chapter 29 of the Weld County Code. A plan review shall
be approved, and a permit must be issued prior to the start of construction. (Department of Building
Inspection)
28. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the
plans or Development Standards, as shown or stated, shall require the approval of an amendment
of the Permit by the Weld County Board of County Commissioners before such changes from the
plans or Development Standards are permitted. Any other changes shall be filed in the office of
the Department of Planning Services. (Department of Planning Services)
29. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may
be reason for revocation of the Permit by the Board of County Commissioners.
30. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the pipeline easement and City of
Thornton owned property at any reasonable time as coordinate by the City of Thornton in order to
ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations.
31. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the
plans or Development Standards, as shown or stated, shall require the approval of an amendment
of the Permit by the Weld County Board of County Commissioners before such changes from the
plans or Development Standards are permitted. Any other changes shall be filed in the office of
the Department of Planning Services. (Department of Planning Services)
32. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced
within three (3) years from the date of approval, unless otherwise specified by the Board of County
Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of
Planning Services may grant an extension of time, for good cause shown, upon a written request
by the landowner.
33. A Use by Special Review shall terminate when the use is discontinued for a period of three (3)
consecutive years, the use of the land changes or the time period established by the Board of
County Commissioners through the approval process expires. The landowner may notify the
Department of Planning Services of a termination of the use, or Planning Services staff may
observe that the use has been terminated. When either the Department of Planning Services is
notified by the landowner, or when the Department of Planning Services observes that the use may
have been terminated, the Planner shall send certified written notice to the landowner asking that
the landowner request to vacate the Use by Special Review Permit.
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34. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the
state's commercial mineral deposits are essential to the state's economy; (b) the populous counties
of the state face a critical shortage of such deposits; and (c) such deposits should be extracted
according to a rational plan, calculated to avoid waste of such deposits and cause the least
practicable disruption of the ecology and quality of life of the citizens of the populous counties of
the state.
Mineral resource locations are widespread throughout the County and person moving into these
areas must recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the opportunity to
extract the mineral resource.
35. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in
total market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town. Along with the drawbacks come the incentives
which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of
city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms,
those features which attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting
and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides
and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they cannot
take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right
to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and County roads outside of municipalities. The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than
on patrols of the County, and the distances which must be traveled may delay all emergency
responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by
volunteers who must leave their jobs and families to respond to emergencies. County gravel roads,
no matter how often they are bladed, will not provide the same kind of surface expected from a
paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be
cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not
be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than
urban dwellers.
USR18-0130 — Thornton Water Pipeline
Page 40 of 41
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and
center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and
livestock, and open burning present real threats. Controlling children's activities is important, not
only for their safety, but also for the protection of the farmer's livelihood.
USR18-0130 — Thornton Water Pipeline
Page 41 of 41
May 22, 2020
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: daungst@co.weld.co.us
PHONE: (970) 400-3524
FAX: (970) 304-6498
Brett Henry
12450 Washington Street
Thornton, CO 80241
Subject: USR18-0130 - A Site Specific Development Plan and Special Review Permit for a greater than
16 -inch raw domestic water pipeline (permanent 42 -inch pipeline and associated appurtenances,
including but not limited to, 1 -million gallon water tank, two pump stations, buried valve assemblies,
access manways, and fiber optic cable and temporary construction easements) in the E (Estate) Zone
District, the A (Agricultural) Zone District, and the RUA (Regional Urbanized Area) Zone District.
On parcel(s) of land described as :
Sections 4, 5, 8, 9, 16, 17, 20, 21, 28, 29, 32 and 33, T1 N, R67W;
Sections 4, 8, 9, 16, 17, 20, 29, 32, and 33, T2N, R67W;
Sections 5, 8, 17, 20, 28, 29, and 33, T3N, R67W;
Sections 6, 19, 20, 29, and 32, T4N, R67W;
Sections 6, 7, 18, 19, 30, and 31, T5N, R67W;
Sections 6, 7, and 18, T6N, R67W;
Sections 6, 7, 18, and 19, T7N, R67W;
Sections 19, 30, and 31, T8N, R67W;
All located in the 6th P.M., Weld County, Colorado
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on July 21, 2020, at 1:30 p.m. A
subsequent hearing with the Board of County Commissioners will be held on August 26, 2020 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
https://accela-aca. co .weld .co.us/CitizenAccess
If you have any questions concerning this matter, please call.
Respectfully,
atiAla,
Diana Aunust
Planner
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