HomeMy WebLinkAbout20190068MEMORANDUM
TO: Kim Ogle, Planning Services
FROM: Evan Pinkham, Public Works
DATE: October 2, 2018
SUBJECT: USR18-0077 Tallgrass
The Weld County Department of Public Works has reviewed this Use by Special Review Pipeline proposal.
Staff comments made during this phase of the application process may not be all-inclusive, as other issues
may arise during the remaining application process.
COMMENTS
GENERAL PROJECT INFORMATION/LOCATION
Project description: A Site Specific Development Plan and Special Review Permit for a greater than 12 -
inch high pressure natural gas pipeline approximately 70 miles long (36 -inch natural gas pipeline originating
at the Kerr-McGee Lancaster Cryogenic Gas Plant USR12-0023, and terminating at the Rockies Express
Cheyenne Hub, 1 MUSR18-14-0017), in the A (Agricultural) Zone District
ACCESS
Per Chapter 12, Article 5, Section 12-5-30, an Access Permit is required for access to Weld County
maintained roadways. Per Chapter 12, Article V, Section 12-5-30. F, when feasible, there shall be no net
increase in the number of accesses to a public road. Minimum access spacing widths are shown in Weld
County Code Appendix Table 12A-2. Please refer to Chapter 12 of the Weld County Code for more
information regarding access.
ROADS AND RIGHTS -OF -WAY
County Roads 28, 31, 33, 35, 37, 38, 39, 40, 42, 43, 46, 47, 48, 49, 51, 64.5 70, 72, 76, 84, 94, 96, 98, 100,
104, 108, 110, 114, & 120 are gravel roads and are designated on the Weld County Functional Classification
Map (Code Ordinance 2017-01) as local roads, which requires 60 feet of right-of-way. The applicant shall
delineate on the site map or plat the future and existing right-of-way and the physical location of the road.
If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld
County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future
right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is
maintained by Weld County.
County Road 88 is a paved road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a(n) local road, which requires 60 feet of right-of-way. The applicant shall delineate
on the site map or plat the future and existing right-of-way and the physical location of the road. If the right-
of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County
Code, Chapter 23, Article Ill, Section 23-3-50, the required setback is measured from the future right-of-
way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained
by Weld County.
County Road 35 is a gravel road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a(n) collector road, which requires 80 feet of right-of-way. The applicant shall
delineate on the site map or plat the future and existing right-of-way and the physical location of the road.
If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld
County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future
right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is
maintained by Weld County.
County Roads 32, 39, 43, 44, 50, 51, 54.25, 60.5, 66, 86, 90, & 126 are paved road and are designated on
the Weld County Functional Classification Map (Code Ordinance 2017-01) as collector roads, which
requires 80 feet of right-of-way. The applicant shall delineate on the site map or plat the future and existing
right-of-way and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated.
Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the
required setback is measured from the future right-of-way line. Be aware that physical roadways may not
be centered in the right-of-way. This road is maintained by Weld County.
County Road 47 is a gravel road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a(n) arterial road, which requires 140 feet of right-of-way. The applicant shall
delineate on the site map or plat the future and existing right-of-way and the physical location of the road.
If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld
County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future
right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is
maintained by Weld County.
County Roads 22 & 74 are paved road and are designated on the Weld County Functional Classification
Map (Code Ordinance 2017-01) as arterial roads, which requires 140 feet of right-of-way. The applicant
shall delineate on the site map or plat the future and existing right-of-way and the physical location of the
road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the
Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the
future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road
is maintained by Weld County.
Pursuant to CRS 43-2-110(1.5), County Road 49 is designated as a County Highway. The County Highway
is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as an arterial
road, which requires a minimum of 140 feet of right-of-way, or 180 feet of right-of-way in some locations.
Contact Public Works for the location of the current right-of-way alignment and easements so they can be
delineated accurately on the map. If the right-of-way cannot be verified it shall be dedicated. The applicant
shall also delineate the physical location of the road. Pursuant to the definition of setback in the Weld
County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future
right-of-way line. This road is maintained by Weld County.
The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to state highways.
Please contact Tim Bilobran at the Greeley office (970-350-2163) to verify the access permit or for any
additional requirements that may be needed. (State Highways 14, 34, 85, & 392)
Per Chapter 12, Article 4, Section 12-4-30.B, a Weld County Right -of -Way Use Permit is required for any
project that will be occupying, constructing or excavating facilities within, and/or encroaching upon, any
County rights -of -way or easement. Pipelines crossing a county road shall obtain a Right -of -Way Permit and
possibly a Special Transport Permit. Pipelines crossing county roads shall be bored, unless otherwise
approved by Public Works. Right -of -Way Use Permit instructions and application can be found at
https://www.weldgov.com/departments/publicworks/permits/.
Any oil and gas pipeline crossing an arterial road shall be bored a minimum of twenty (20) feet below arterial
roads, fifteen (15) feet below collector and paved local roads, and ten (10) feet below gravel local roads.
This depth shall be measured below the lowest roadside ditch flowline elevation, for the full width of the
future right of way.
Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate
existing utilities within the County right-of-way.
TRACKING CONTROL POLICY
Per Chapter 12, Appendix 12A.10.1, traffic volumes to the proposed facility may require the installation of
a tracking control device and/or a minimum of four inches of compacted recycled asphalt or aggregate road
base. Tracking control is required to prevent tracking from the site onto public roadways. Temporary
Tracking Control shall be used during construction unless permanent tracking control is installed ahead of
construction activities. Recycled concrete is not allowed in County right-of-way. Tracking control devices
can be double cattle guards or rip rap (6" washed rock). Tracking control for unmaintained public right-of-
way is required just prior to entering publicly maintained roadways. A variance request for alternatives to
the tracking control requirement can be submitted to Public Works for review and consideration.
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT
Public Works may require an Improvements Agreement for one or all the following reasons:
• Off -Site Public Improvements
• Road Maintenance Agreement
• Construction Maintenance Agreement
• Access Improvements Agreement
An Improvements Agreement is required for sites with required offsite improvements per Chapter 12, Article
5, Section 12-5-60. Collateral is required to ensure the improvements are completed, and maintained.
Improvements/Road Maintenance Agreement: An example agreement is available at:
https://www.weldgov.com/UserFiles/Servers/Server 6/File/Departments/Public%20Works/DevelopmentR
eview/sprusr.pdf. It will detail the approved haul route(s), outline when offsite improvements will be
triggered, and include a maintenance agreement for the haul routes. Possible mitigations included in the
road maintenance agreement may include but are not limited to: dust control and damage repairs.
DRAINAGE REQUIREMENTS
Pipelines are excepted from the requirements of a drainage report and detention pond design under 23-
12-30.F.1.a.5 for pipelines or transmission lines.
GRADING PERMIT
If more than 1 acre is to be disturbed for construction of non -pipeline items such as structures, parking lots,
laydown yards etc..., a Weld County grading permit will be required prior to the start of construction. Grading
Permit applications are accepted after the planning process is complete (plan recorded). An Early Release
Request Form may be entertained only after the applicant, Public Works and Planning Department have
reviewed the referral and surrounding property owner comments. The Early Release Request may or may
not be granted depending on referral comments and surrounding property owner concerns. Contact an
Engineering representative from the Public Works for more information.
A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact:
Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692-3575.
CONDITIONS OF APPROVAL
A. A Road Maintenance Agreement is required during the construction of the pipeline. Road maintenance
may include dust control, tracking control, 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. The plan shall be amended to delineate the following:
1. County Roads 28, 31, 33, 35, 37, 38, 39, 40, 42, 43, 46, 47, 48, 49, 51, 64.5 70, 72, 76, 84, 94, 96,
98, 100, 104, 108, 110, 114, & 120 are gravel roads and are designated on the Weld County
Functional Classification Map as local roads which require 60 feet of right-of-way at full buildout.
The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by Weld County. (Department of
Public Works)
2. County Road 88 is a paved road and is designated on the Weld County Functional Classification
Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge
of right-of-way. This road is maintained by Weld County. (Department of Public Works)
3. County Road 35 is a gravel road and is designated on the Weld County Functional Classification
Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the future and existing right-of-way. All setbacks shall be measured from
the edge of future right-of-way. This road is maintained by Weld County. (Department of Public
Works)
4. County Roads 32, 39, 43, 44, 50, 51, 54.25, 60.5, 66, 86, 90, & 126 are paved roads and are
designated on the Weld County Functional Classification Map as collector roads which require 80
feet of right-of-way at full buildout. The applicant shall delineate on the site plan the future and
existing right-of-way. All setbacks shall be measured from the edge of future right-of-way. This
road is maintained by Weld County. (Department of Public Works)
5. County Road 47 is a gravel road and is designated on the Weld County Functional Classification
Map as an arterial road which requires 140 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the future and existing right-of-way. All setbacks shall be measured from
the edge of future right-of-way. This road is maintained by Weld County. (Department of Public
Works)
6. County Roads 22 & 74 are paved roads and are designated on the Weld County Functional
Classification Map as arterial roads which require 140 feet of right-of-way at full buildout. The
applicant shall delineate on the site plan the future and existing right-of-way. All setbacks shall be
measured from the edge of future right-of-way. This road is maintained by Weld County.
(Department of Public Works)
7. The County Highway is designated on the Weld County Functional Classification Map as an arterial
road which typically requires 140 feet of right-of-way at full build out. The alignment of the road
widening project varies along the section line for the corridor. Contact Public Works for the location
of the existing and future right-of-way and easements and delineate these on the site plan.
(Department of Public Works)
8. Show and label the approved access locations on the site plan (If applicable). The applicant must
obtain an access permit in the approved location(s) prior to construction. (Department of Public
Works)
Prior to Construction:
A. The approved access and tracking control shall be constructed prior to construction of the pipeline.
(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 is to be disturbed for construction of non -pipeline items, a Weld County grading
permit will be required. (Department of Public Works)
DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN)
1. The property owner shall control noxious weeds on the site. (Department of Public Works)
2. During construction, the access(es) on the site shall be maintained to mitigate any impacts to the public
road including damages and/or off -site tracking. (Department of Public Works)
3. During construction, there shall be no parking or staging of vehicles on public roads. On -site parking
will be utilized. (Department of Public Works)
4. 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)
5. Any oil and gas pipeline crossing a county road shall be bored a minimum of twenty (20) feet below
arterial roads, fifteen (15) feet below collector and paved local roads, and ten (10) feet below gravel
local roads. This depth shall be measured below the lowest roadside ditch flowline elevation, for the full
width of the future right of way. (Department of Public Works)
6. With exception of perpendicular crossings, oil and gas pipelines are not to be located within Weld
County right of way or future right of way. (Department of Public Works)
7. Any damage occurring to the County right-of-way or County maintained roadway, caused by the
pipeline, will be the responsibility of the operator. (Department of Public Works)
8. The historical flow patterns and runoff amounts on site will be maintained. (Department of Public Works)
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
Memorandum
To: Kim Ogle
From: Lauren Light, Environmental Health Services
Date: September 10, 2018
Re: USR18-0077 Cheyenne Connector LLC
Environmental Health Services has reviewed this proposal for a Site Specific
Development Plan and Use by Special Review Permit for a greater than 12 -inch high
pressure natural gas pipeline approximately 70 miles long (36 -inch natural gas pipeline
originating at the Kerr-McGee Lancaster Cryogenic Gas Plant USR12-0023, and
terminating at the Rockies Express Cheyenne Hub, 1 MUSR18-14-0017), in the A
(Agricultural) Zone District.
Permanent water and sewer is not required as this request is a temporary construction
use. Portable toilets and bottled water can be utilized during construction of the
pipeline. As the amount of disturbed area exceeds 25 acres an Air Pollution Emission
Notice (APEN) is required.
We have no objections to the proposal; however, we do recommend that the following
requirements be incorporated into the permit as development standards:
1. 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.
2. 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.
3. 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.
Health Administration
Vital Records
Icic: 9/U 304 6410
Fax: 9/U -3U1-6112
Public Health &
Clinical Services
Icic: 9/0 304 6420
Fax: 9/0-304-6416
Environmental Health
Services
Tele: 970-304-6415.
Fax. 970-304-6411
Communication,
Education & Planning
Tele: 970-304-5470
Fax: 970-304-6452
Emergency Preparedness
& Response
Tele: 970-304-6470
Fax: 970-3O4-6452
Public Health
4. 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.
5. During construction, adequate toilet facilities and handwashing units shall be
provided. Portable toilets are acceptable. Portable toilets shall be serviced by a
cleaner licensed in Weld County and shall contain hand sanitizers.
6. 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.
7. The operation shall comply with all applicable rules and regulations of the State
and Federal agencies and the Weld County Code.
PROJECT:
MEMORANDUM
TO: K. Ogle
FROM: Diana Aungst, CFM
SUBJECT: USR18-0077, Pipeline
DATE: September 3, 2018
A Site Specific Development Plan and Special Review Permit for a greater than 12 -inch high pressure
natural gas pipeline approximately 70 miles long (36 -inch natural gas pipeline originating at the Kerr-McGee
Lancaster Cryogenic Gas Plant USR12-0023, and terminating at the Rockies Express Cheyenne Hub,
1M USR18-14-0017), in the A (Agricultural) Zone District
PARCELs: Multiple
CONDITION OF APPROVAL:
1. Any improvements or new construction in the floodplain require a Flood Hazard Development Permit.
(Department of Planning Services - Floodplain)
DELINEATE ON THE PLAT:
1. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study.
(Department of Planning Services - Floodplain)
DEVELOPMENT STANDARDS:
1. 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)
2. 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)
FISCHER, BROWN, BARTLETT & GUNN, PC
MARGARET A. (Meg) BROWN
DANIEL K. BROWN
BRENT A. BARTLETT
LISA A. LARSEN
SARA J.L. IRBY
DONALD E. FRICK
TODD W. ROGERS
Weld County Planning Department
Attn: Kim Ogle
1555 N. 17th Avenue
Greeley, CO 80631
-"5411imprmini
ATTORNEYS AT LAW
1319 East Prospect Road
Fort Collins, CO 80525
October 16, 2018
WARD H. FISCI-I.ER (1929.199b)
WILLIAM H. BROWN (Of Counsel)
WILLIAM C. GUNN (Of Counsel)
WILLIAM R. FISCHER (Of Counsel)
Phone: 970.407.9000
Fax: 970.407.1055
Website: www.fbbglaw.com
SENT VIA EMAIL AND/OR REGULAR MAIL
RE: Application of Tallgrass Energy Partners, LLC
Case No. USR18-0077
Dear Mr. Ogle:
Please be advised that Fischer, Brown, Bartlett & Gunn, P.C., represents the following
ditch companies, which own and operate the following ditches (collectively referred to as the
"Ditches"):
Ditch Company
Ditch
General location of potential
crossing based on
appliC ition diagrams'
The Collins Lateral Ditch
Company
Collins Lateral Ditch
Section 13 of Township 8
North, Range 66 West of the
6th P.M.
' The Sections listed are based on our initial review of the maps and diagrams provided by Applicant. The Ditch
Companies reserve the right to amend these Sections upon further review of the proposed plans with Applicant.
1
The Pierce Lateral Ditch
Company
Pierce Lateral
Sections 31 and 32 of
Township 8 North, Range 65
West of the 6th P.M.
New Cache la Poudre
Irrigating Company
Greeley #2 Canal
Sections 1 and 12 of
Township 6 North, Range 65
West of the 6th P.M.
Ogilvy Land and Irrigating
Company
Ogilvy Ditch
Sections 5 and 6 of Township
5 North, Range 64 West of
the 6th P.M.
Lower Latham Ditch
Company
Lower Latham Ditch
("Latham Ditch")
Sections 19 and 20 of
Township 5 North, Range 64
West of the 6th P.M.
Each ditch company has a valid and existing right-of-way and easement for their
respective ditches and sufficient lands on each side of their ditches to allow the companies to
fully enjoy and utilize the easement and right-of-way for access, maintenance, repair and
replacement of the ditches and their other facilities and appurtenances (the "Ditch Easements").
Pursuant to the Notice, Applicant intends to install a high-pressure pipeline,
approximately 70 -miles long, to be located in portions of: Sections 5, 8, 17, 20, 29, and 32 of
Township 11 North, Range 66 West; Sections 5, 8, 17, 20, 29, and 32 of Township 10 North,
Range 66 West; Sections 5, 8, 17, 16, 21, 22, 27, and 34, Township 9 North, Range 66 West;
Sections 2, 11, 12, 13, and 24, Township 8 North, Range 66 West; Sections 19, 30, 31, and 32,
Township 8 North, Range 65 West; Sections 4, 5, 9, 10, 14, 15, 23, 24, 25, 36, Township 7
North, Range 65 West; Sections 1, 12, 13, 24, and 25, Township 6 North, Range 65 West;
Sections 29, 30, 31, 32, Township 6 North, Range 64 West; Sections 5, 7, 8, 17, 20, 29, 31, and
32, Township 5 North, Range 64 West; Sections 5, 6, 7, 18, 19, 30, and 31, Township 4 North,
Range 64 West; Sections 31, 32, 33, 34, 35, and 36, Township 4 North, Range 65 West; Section
6, Township 3 North, Range 66 West; Sections 1, 2, 11, 12, 13, 14, 22, 23, 26, 27, 34, and 35,
Township 3 North, Range 65 West; and Sections 2, 3, 10, 11, and 14, Township 2 North, Range
65 West of the 6th P.M.
All of the Ditches referenced above will have to be crossed in at least one location by the
proposed Pipeline. The exact legal description for each crossing shall be provided by Applicant.
To ensure that the crossings do not unreasonably interfere with the use, maintenance and
operation of the Ditches, no crossing of the Ditches and Ditch Easements shall be allowed
without the Ditch Companies' prior written permission. Accordingly, each of the Ditch
Companies request that the County's approval of the application be conditioned upon Applicant
entering into a written crossing agreement with each Ditch Company prior to commencing any
construction or installation of the Pipeline on, under or across each Company's Ditch and Ditch
Easement. Such agreement shall include without limitation a term requiring Applicant to submit
detailed plans and specifications of the proposed Pipeline crossing to each Ditch Company for its
review, and obtaining each Ditch Company's approval of such plans that relate to crossing its
respective Ditch before commencing any construction or installation of the Pipeline.
2
Thank you for your consideration. Should you have any questions, please do not hesitate
to contact either of us.
Sincerely,
Sara J.L. Irby
Whitney Phillips
cc: Brian Foss — Pierce Lateral Ditch Company & Collins Lateral Ditch Company
Dale Trowbridge — New Cache
Stow Witwer — Ogilvy Land and Irrigating Company
Ted Buderus — Lower Latham Ditch Company
3
T LLGRASS x,
_N Lk r
February 28, 2018
Sandy Vana-Miller
U.S. Fish and Wildlife Service
Colorado Field Office
P.O. Box 25486 — Denver Federal Center
Denver, Colorado 80225-0486
Re: USFWS Section 7 — Cheyenne Connector Pipeline Project
Dear Ms. Vana-Miller:
SWCA
ENVIRONMENTAL [QN$ULTiNTS
Sound Science, Creative Solutions!'
Cheyenne Connector, LLC, a wholly -owned subsidiary of Tallgrass MLP Operations, LLC (Cheyenne
Connector), proposes to construct, operate, and maintain approximately 70 miles of 36 -inch diameter pipeline and
five meter and regulating stations for the Cheyenne Connector Pipeline Project (Project) in Weld County,
Colorado. On behalf of Cheyenne Connector, SWCA Environmental Consultants (SWCA) conducted biological
surveys from October of 2017 through early February of 2018 to document general habitat, vegetation
communities, wildlife, and suitability of habitat for federally listed species within a 250 -foot -wide corridor for the
proposed pipeline and 100 -foot -wide corridor for access roads (survey area). The meter and regulating stations
and some of the additional temporary work spaces (ATWSs) fell outside the 250' corridor and were included as
additional survey areas. In addition, biologists used binoculars from public roadways to survey raptor nesting
habitat within 0.5 mile of the project area. Construction activities for the entire Project would result in the
temporary disturbance to 594.7 acres of wildlife habitat. The 125 -foot pipeline ROW (50 -foot -wide corridor for
the permanent easement, and 75 -foot corridor for the temporary workspace, with 15 feet on the spoils side and 60
feet on the working side) consists of 411.34 acres that would be reclaimed; returned to use by wildlife; and
maintained as grassland, prairie, or agricultural lands. Construction of the Lancaster, Latham, Mewbourn,
O'Connor, and Connector Meter and Regulating Stations; O'Connor Pig Receiver, permanent access roads; and
the three MLVs would result in the permanent conversion of potential habitat to industrial locations. These
locations combined account for 8.4 acres of surface disturbance. Project construction is planned to begin in April
2019 and be completed by November 2019. The Federal Energy Regulatory Commission (FERC) may authorize
this undertaking under Section 7(c) of the Natural Gas Act.
ESA Section 7 Consultation and the Designated Non -Federal Representative
The FERC, which is responsible for regulating interstate natural gas pipelines, requires that applicants (e.g.,
Cheyenne Connector) provide strong evidence of agency interaction and coordination as part of their filing for
Certificates of Public Convenience and Necessity under Section 7(c) of the Natural Gas Act (NGA). According to
FERC Regulations Implementing the National Environmental Policy Act (18 Code of Federal Regulations
380.13(b)(1), "the project sponsor is designated as the FERC's non -Federal representative for purposes of
informal consultations with the U.S. Fish and Wildlife Service (Service) and the National Marine Fisheries
Service (NMFS) under the Endangered Species Act (ESA) of 1973, as amended."
As the FERC's designated non -Federal representative for this Project, Cheyenne Connector is requesting informal
consultation pursuant to Section 7 of the ESA (16 United States Code 1531-1544), as amended. Copies of all
correspondence between the Service and Cheyenne Connector and SWCA will be forwarded to the FERC as part
of the Section 7 consultation process.
Section 7 Letter- Cheyenne Connector Pipeline Project
Project Area Description
The Project area is located in the Colorado Piedmont, a geographical province characterized by relatively flat
topography where the Great Plains transition to the foothills of the Colorado Front Range. Natural and introduced
vegetation in the project area can be characterized by using eight GAP Land Cover Systems: Invasive Annual
Grassland, Invasive Perennial Grassland, Western Great Plains Cliff and Outcrop, Western Great Plains
Floodplain, Western Great Plains Foothill and Piedmont Grassland, Western Great Plains Riparian Woodland and
Shrubland, Western Great Plains Sandhill Steppe, and Western Great Plains Shortgrass Prairie. Other ecological
systems found in the Project area include cropland, undeveloped, developed, and open water. Oil and gas
infrastructure is prominent in the region. SWCA identified 111 waterbodies within the Project area, including
Platte Valley Canal, Evans Ditch, Unnamed Ditch, Gilmore Canal #1, Neres Canal, Gilmore Canal #2, Plum
Ditch, South Platte River, Ogilvy Ditch, Lonetree Creek, Greeley Number 2 Canal, an unnamed farm pond, Eaton
Ditch, Eaton Ditch #2, and Eaton Ditch #3. Of the 111 waterbodies identified in the survey area, 71 would be
crossed by proposed Project features. Of these 71 waterbodies crossed by the Project, 22 would be avoided by
HDD, 23 would be avoided by conventional bore, and 26 waterbodies would be temporarily impacted by the
open -cut construction method. In addition, SWCA identified 63 features as containing wetland vegetation, soils,
and hydrology. Of these 63 wetlands identified in the survey area, 49 are within the Project footprint. Of the 49,
25 would be avoided by HDD or conventional bore, and 24 would be temporarily disturbed by the proposed
Cheyenne Connector Pipeline ROW or ATWSs. The complete results of the wetland and waterbody delineation
are detailed under separate cover in the Cheyenne Connector Aquatic Resources Inventory Report'.
Threatened and Endangered Species Review
SWCA reviewed the list of threatened and endangered species for Weld County and evaluated their potential to
occur in the Project area (Table 1). Details are provided in the enclosed biological survey report.
Table 1. Federal Threatened and Endangered Species for Weld County and Their Potential to Occur in the
Survey Area
Common Name
(Scientific Name)
Status Potential to Occur within Survey Area
Mammals
Black -footed ferret
(Mustela nigripes)
Endangered None. The species is extirpated in eastern Colorado, and no known populations occur in
Weld County.
Preble's meadow jumping
mouse
(Zapus hudsonius preblei)
Threatened
The species is unlikely to occur in the Project area. The Project area is outside the species'
occupied range and lacks suitable riparian/upland habitat.
Birds
Least tern
(Sterna antillarum)
Endangered The species is unlikely to occur in the Project area and is a very rare visitor to northern
Colorado. The Project poses no depletions to the South Platte River.
Mexican spotted owl
(Strix occidentalis lucida)
Threatened None. The survey area lacks suitable forested habitat.
Piping plover
(Charadrius melodus)
Threatened
The species is unlikely to occur in the Project area and is a very rare migrant in northern
Colorado. The Project poses no depletions to the South Platte River.
Whooping crane
(Grus americana)
Endangered The species is unlikely to occur in the Project area. The Project area is outside the species'
expected range, and the project poses no depletions to the South Platte River.
' SWCA Environmental Consultants. 2018. Cheyenne Connector Aquatic Resources Inventory Report. Denver, Colorado: SWCA
Environmental Consultants.
2
Section 7 Letter- Cheyenne Connector Pipeline Project
Common Name
(Scientific Name)
Status Potential to Occur within Survey Area
Fish
Pallid sturgeon
(Scaphirhynchus albus)
Endangered None. The Project area lacks suitable habitat and is outside this species' range. The Project
poses no depletions to the South Platte River.
Plants
Colorado butterfly plant
(Guara neomexicana spp.
coloradensis)
Threatened
The species is unlikely to occur in the Project area. Suitable habitat exists within wetlands
W L057, W L058, WL059.
Ute ladies' -tresses
(Spiranthes diluvialis)
The species is unlikely to occur in the Project area. Suitable habitat occurs within wetlands
Threatened (WET010, WET011, W ET013, and W ET032 but is outside of the known range of the
species.
Western prairie fringed
orchid
(Platanthera praeclara)
Threatened
None. No populations exist in Colorado. The Project poses no depletions to the South Platte
River'
The Project is outside the mapped overall range and occupied range boundaries for Preble's meadow jumping
mouse (CPW 2016) and contains no suitable riparian/upland habitat to support this species. No effect to Preble's
meadow jumping mouse is expected as a result of the Project. No forested habitat for Mexican spotted owl is in
the Project area or vicinity; therefore, no effect to the species is anticipated. Pallid sturgeon (Scaphirhynchus
albus), western prairie fringed orchid (Platanthera praeclara), whooping crane (Grus americana), least tern
(Sterna antilla rum), and piping plover (Charadrius melodus) are listed for Weld County since water depletions
may affect the species and/or critical habitat in downstream, out-of-state reaches of the South Platte River. As no
depletions of the South Platte River are expected as a result of the Project, the project will have no effect on pallid
sturgeon or western fringed orchid.
Although unlikely, there is potential for whooping crane (Grus americana), least tern (Sterna antillarum), and
piping plover (Charadrius melodus) to occur within the survey area because of the close proximity of several
ponds and reservoirs, including Milton Reservoir.However, these species are very rare visitors to Weld County
and are unlikely to occur. Birds that would potentially inhabit the Project area could easily occupy other portions
of their foraging ranges.
The survey area is outside the known range for Ute ladies' -tresses (Spiranthes diluvialis) and Colorado butterfly
plant (Guara neomexicana spp. coloradensis). SWCA identified suitable habitat for these species within the
survey area. Although it is unlikely these species occur in the survey area, surveys will be conducted for these
species in accordance with survey protocols during their flowering time (July — August).
Effect Determinations for Listed Species
The project would have no effect on black -footed ferret, Preble's meadow jumping mouse or Mexican spotted
owl, since these species are not expected to occur in the Project area due to lack of suitable habitat.
The project may affect, but is not likely to adversely affect whooping crane, least tern, and piping plover. These
species have potential to occur in the Project area during migration because of the close proximity of several
ponds and Milton Reservoir to the survey area. However, these species are rare visitors to Weld County and are
unlikely to occur as residents or nesting pairs.
The project may affect, but is not likely to adversely affect Colorado butterfly plant and Ute Ladies' -tresses.
SWCA identified suitable habitat for these species at seven wetlands that intersect the survey area and species -
specific surveys would take place during the flowering periods for each species (July through August) prior
construction.
3
Section 7 Letter- Cheyenne Connector Pipeline Project
No critical habitat for federally listed species has been designated within the survey area.
Construction Best Management Practices and Mitigation Measures
Several best management practice plans would be used during Project construction to minimize potentially
adverse environmental effects to vegetation and wildlife as a result of construction. These include a Spill
Prevention and Response Plan; FERC's Upland Erosion Control, Revegetation, and Maintenance Plan; FERC's
Wetland and Waterbody Construction and Mitigation Procedures; and any other plans resulting from the
permitting process.
Additionally, Cheyenne Connector would implement and adhere to an Environmental Compliance Inspection
Program. Environmental inspectors would be on -site to ensure that workers remain within approved work areas
and to oversee compliance with federal and state regulations, permit requirements, and other agency guidelines.
Areas of inspection would include soil erosion and sediment control, protection of plant and wildlife resources,
protection of cultural resources, fire protection, and hazardous materials handling.
During Construction Consultation
During project construction, the addition of a new construction workspaces, referred to as a "variance" from the
original scope of work, may be necessary. If any project variances fall outside the Project survey area, Cheyenne
Connector would consult with the Service again before proceeding.
Additional Agency Review of Biological Resources (Migratory Birds and Raptors)
To identify, avoid, and minimize impacts to migratory birds and raptors, Cheyenne Connector, has developed a
project -specific Proposed Migratory Bird Treaty Act (MBTA) Conservation Plan, Cheyenne Connector Pipeline
Project'. During the 2017 surveys, SWCA recorded 27 raptor nests of undetermined species within 0.5 mile of the
Project area. SWCA found no other migratory bird nests within the Project area. Four bald eagle nests, one of
which was active, were identified within 0.5 mile of the proposed Project area. An aerial survey will be conducted
in April of 2018 to determine nest type and status (active vs. inactive) and locate any new nest structures for the
2018 nesting period. Prior to construction in 2019, surveys will be conducted within suitable nesting habitat for
raptors and migratory birds to identify and avoid impacts to nesting birds. This information will be incorporated
into the nest survey planning and mitigation design for potentially active eagle and raptor nests in the project area
during construction activities in 2019. The degree of impacts to eagles depends on factors such as activity
visibility, duration, and noise levels; the extent of the area affected by the activity; the prior experience of area
eagles with humans; and the tolerance of any given individual nesting pair.
The primary risk for a potential take during construction of this project are in nesting habitat for grassland
ground -nesting species during initial clearing of the right-of-way and disturbance of nesting raptors in adjacent
land parcels within the nest buffer avoidance areas. To evaluate the risk for ground -nesting species and to help
plan for the pre -construction survey effort required to comply with this plan, SWCA evaluated the current land
use during field surveys in 2017. SWCA differentiated the land use types of native grassland or current rangeland
management for pasture raised livestock from land use defined by consistent, active agricultural crop rotations
where the activities associated with clearing, planting, spraying, and harvesting these parcels would greatly reduce
the potential for nesting migratory birds present during construction. Based on this assessment, SWCA identified
approximately 45 miles of the pipeline construction right-of-way with rangeland/native prairie which is potential
migratory bird habitat. In these areas, SWCA proposes preconstruction migratory bird surveys. Note the
remaining 25 miles of actively cultivated fields and developed areas are not planned to be included in
SWCA Environmental Consultants. 2018. Proposed Migratory Bird Treaty Act (MBTA) Conservation Plan, Cheyenne Connector
Pipeline Project. Denver, Colorado: SWCA Environmental Consultants.
4
Section 7 Letter- Cheyenne Connector Pipeline Project
preconstruction surveys but will be evaluated prior to construction to determine habitat suitability due to changes
in land use types between permitting and implementation phases of this project.
Cheyenne Connector would adhere to Colorado Parks and Wildlife —recommended spatial buffers. In some cases,
natural barriers, such as topography or vegetation, between the nest and a proposed activity area may minimize
impacts and allow for modification of the protective spatial buffer for that nest. If construction is scheduled to
occur within the buffer, the nest would be monitored for signs of disturbance (e.g., calling, agitation, frequent
movement on and off nest). If disturbance is observed, work near the nest would stop and Cheyenne Connector
would contact the appropriate Service field office for further guidance.
Request for Concurrence
Please review the information provided in this letter and the enclosed biological survey report. At this time, we
request a written concurrence of findings. Should you disagree with this determination or require additional
information, please contact Chad Baker with SWCA at (303) 468-6901 or email cbaker@swca.com.
Please send all correspondence to:
Chad Baker
Natural Resources Program Director
SWCA Environmental Consultants
295 Interlocken Blvd., Suite 300
Broomfield, Colorado 80021
Thank you in advance for your prompt response to this request.
Sincerely,
Rachel Garrison
Garrison
Cheyenne Connector, LLC, a wholly -owned subsidiary of Tallgrass MLP Operations, LLC
Enclosures: Biological Survey Report
Migratory Bird Treaty Act (MBTA) Conservation Plan, Cheyenne Connector Pipeline Project
Cc: Rachel Garrison
Senior Environmental Project Specialist
Cheyenne Connector, LLC
c/o Tallgrass Energy
370 Van Gordon Street
Lakewood, Colorado 80228
5
Submit by Email
Weld County Referral
August 30, 2018
The Weld County Department of Planning Services has received the following item far review:
Applicant. Cheyenne Connector, LLC Case Number: USR18-0077
Please Reply By September 27, 2018 Planner Kim Ogle
Project. A Site Specific Development Plan and Special Review Permit for a greater than 12 -inch high
pressure natural gas pipeline approximately 10 miles long (36 -inch natural gas pipeline originating at the
Kerr-McGee Lancaster Cryogenic Gas Plant USR12-0023, and terminating at the Rockies Express
Cheyenne Hub. 1 MUSR18-14-0017), in the A (Agricultural) Zone District
Location: East of County Road 25, South of County Road 132, West of County Road 51 and north of
County Road 20
Parcel Number: Multiple Parcels
Legal Commences in Section 14, T2N, ROGW and crosses Sections 11, 2, 36.13N, R66W continuing
north into Sections 26, 23. 14, 13, 12. 1, 6, T3N, R65W and entering Section 31, T4N, R65W heading
east into Sections 32, 33, 34, 35, 36, 31, 14N. R64W heading north into Sections 30, 19, 18, 7, 6, 5, 32,
T5N, R64W continuing north into Sections 29, 20, 17, 8. 7, 5, 32, TON. R64W heading westerly into
Section 29, 30, 25, TON, R65W and into Sections 24, 13, 12. 1, and 36, T7N, R65W continuing northerly
into Sections 25. 24. 14, 15, 10, 9, 4. 5, 32, TBN, RG5W heading northerly into Sections 31, 30, 19, 24,
TBN, R66W heading northerly into Section 13, 12, 11, 2, 34, T9N, R66W into Sections 27, 22, 21, 16,
17. 6. 5, 32, T10N, R864 heading northerly into Sections 29, 20, 17. 8, 5. 32, Ti 1 N, R66W heading
northerly into Sections 29, 20, 17, 8 and terminating in Section 5 T11N, R66W of the 6th P.M., Weld
County, Colorado
The application is submitted to you for review and recommendation Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
We have reviewed the request and find That it does r does not comply with our Comprehensive
Plan because.
We have reviewed The request and find no conflicts with our interests
See attached letter.
Signature
Agency
I/.
Date { i�
Weld County Planning Dept 1555 N 17th Ave Greeley_ CO e0637 (070)400-C100 f5701 304-04sP. fat
COLORADO
Parks and Wildlife
Department of Natural Resources
Fort Collins Office/Area 4
317 W Prospect Rd.
Fort Collins, CO 80526
P 970.472.4300 I F 970.472.4458
October 5, 2018
Ms. Kris Ranslem
Weld County Planner
1555 N 17th Ave
Greeley, CO 80831
kranslem@weldgov.com
RE: CPW's Comments on the Cheyenne Connector Lateral Natural Gas Pipelines, Weld County
(from T2N, R66W, Section 14 north to T11 N, R66W, Section 5) (Weld County Case No. USR18-
0077).
Dear Kris,
Thank you for the opportunity for Colorado Parks and Wildlife (CPW) to comment on Tallgrass
Energy's proposed Cheyenne Connector Pipeline Project (Project). It is our understanding that
this approximately 70 -mile long, new 36 -inch interstate natural gas pipeline will extend
between and near the towns of Carr, Kersey, and Fort Lupton. We understand that the purpose
of this Project is to move natural gas from processing facilities in the Denver-Julesburg Basin
north to the Rockies Express Pipeline Cheyenne Hub (just south of the Wyoming border). CPW
further understands that this Project is proposed to begin construction in April 2019 and last up
to 6 months through October 2019, and have approximately 594.7 acres of temporary impacts
to mostly grasslands, prairies or agricultural lands. All but 183.4 acres will be restored acres,
with the remaining acres serving as new industrial sites and permanent access roads.
Furthermore, CPW appreciates that streams and flowing waterbody crossings be protected by
construction crews that will use horizontal directional drilling or boring, and that the majority
of the pipeline will be co -located to existing pipelines or near existing infrastructure.
The mission of CPW is to perpetuate the wildlife resources of the state, to provide a quality
state parks system, and to provide enjoyable and sustainable outdoor recreation opportunities
that educate and inspire current and future generations to serve as active stewards of
Colorado's natural resources. CPW has a statutory responsibility to manage all wildlife species
in Colorado, and to promote a variety of recreational opportunities throughout Colorado. One
way we achieve this goat is by responding to referral comment requests, as is the case for this
Project.
Upon review of the proposed referral request and an internal review of this parcel, CPW has
the following eight (8) potential biological concerns regarding this project.
1. Avoiding impacting and disturbing the following active Bald Eagle nests and 1/2 -mile
buffer from October 15 (or observed start of nest building activities) through July 31 (or
the date of the first flight of the last eaglet). This recommendation is important to
implement given the expected new construction traffic (up to 300 trips per day) that
Bob D. Broscheid, Director, Colorado Parks and Wildlife - Parks and Wildlife Commission: Robert W. Bray • Marie Haskell • Carrie Besnette Hauser
John Howard, Chair • Marvin McDaniel • Dale Pixel • James Vigil, Secretary • Dean Wingfield • Michelle Zimmerman, Vice -Chair • Alex Zipp
could occur along this corridor and should be avoided or minimized to the maximum
extent practicable near these nests.
a. T9N, R66W, Section 8 (NENE 1/4).
b. T7N, R65W, Section 14 (NESW 1/4).
c. T5N, R64W, Section 5 (SWSW "14).
d. T5N, R64W, Section 29 (SENW'/4).
2. This corridor has the following areas mapped as Bald Eagle winter concentration areas
or winter roost sites. Therefore, if initial site disturbances are going to occur between
November 15 and March 15, then CPW recommends that the developer perform bald
eagle occupation surveys within 0.25 -mile of this corridor with areas of potential habitat
(e.g., mature trees and/or riparian areas).
a. T9N, R66W, Section 8 (E2NE a NESE 1/4).
b. T7N, R65W, Section 24 (S 1h) and 25 (N 1/4).
c. T5N, R64, Sections 5 and 8 (along the South Platte -River).
3. An active Swainson's Hawk nest is located less than'/4-mile of this proposed corridor.
CPW's recommended buffer and seasonal restrictions include no surface occupancy
within '/4 -mile of active nests, and seasonal restriction to human encroachment within
'/4 -mile radius of active nests during their nesting season (April 1 through July 15) at the
following locations.
a. T9N, R66W, Section 5 (SENE 1/4).
b. T9N, R66W, Section 8 (SESE 1/4).
4. Avoid impacting potential Burrowing Owl nesting habitats (e.g., small mammal
burrows) during their nesting season (March 15 through October 31) for the following
areas along this corridor. If potential habitat is present and if initial site disturbance
will occur during their nesting season, then CPW recommends that the developer contact
us for survey protocol.
a. T11N, R66W, Sections 5, 8, 17, 20, 29, and 32.
b. T11N, R66W, Sections 5, 8, 17, 20, 29, and 32.
c. T9N, R66W, Sections 5, 8, 16-17, 21-22, 27, and 34.
d. T8N, R65W, Sections 19 and 30.
e. TBN, R66W, Sections 2, 11, 12, 13, and 24.
f. T3N, R66W, Sections 12 (5 1/2), 13-14, 23, 26, and 35.
g. T2N, R66W, Sections 2, 11, and 14.
5. Avoid impacting any potential active raptor nests (e.g., trees, ground, man-made
structures) during the nesting season (generally February 1 through August 15). Please
send any active nest locations to CPW within a month of observation.
6. Avoid impacting potential swift fox denning habitats (i.e., -8-inch burrows) during their
denning season (April 1 through June 30) for the following areas along this corridor. If
larger dens are present and initial site disturbance will occur during the swift fox's
denning season (April 1 through June 30), then CPW recommends that the developer
contact us for survey protocol.
a. T11N, R66W, Sections 5, 8, 17, 20, 29, and 32.
b. T10N, R66W, Sections 5, 8, 17, 20, 29, and 32.
c. T9N, R66W, Sections 5, 8, 16-17, 21-22, 27, and 34.
d. T8N, R66W, Sections 2, 11, 12, 13, and 24.
e. T7N, R65W, Sections 14 and 24.
7. Avoid impacting potential Mountain Plover nesting habitats (i.e., heavy grazed
grasslands) during their nesting season (March 15 through July 31) for the following areas
along this corridor. If potential habitat is present and if initial site disturbance will occur
during their nesting season, then CPW recommends that the developer (or the
developer's biologist) conduct nest surveys. If an active nest is observed, then CPW
recommends no surface occupancy within a 300 -ft buffer of the active nest until the
young are no longer dependent on the nest.
a. T1ON, R66W, Sections 20, 29, and 32.
b. T9N, R66W, Sections 5, 8, 16-17, 21-22, 27, and 34.
8. Avoid sediments or chemicals from entering the South Platte River or its crossed
tributaries, as there are some sensitive species of Eastern Plains native fish that use
this river or tributaries along the corridor at these locations:
a. T11N, R66W, Section 32 (along Little Owl Creek).
b. T9N, R66W, Sections 5 and 8 (along Lone Tree Creek).
c. T7N, R65W, Sections 4 (along Lone Tree Creek) and 14 (along Owl Creek).
d. T6N, R64W, Section 30 (along Lone Tree Creek).
e. T6N, R65W, Section 13 (along Lone Tree Creek).
f. T5N, R64W, Section 5 (along the South Platte River).
g. T4N, R65W, section line of Sections 34 and 35. (along unnamed ditch).
Furthermore, CPW requests that construction and boring activities located near the South
Platte River (and other drainages) occur and are completed before December 31st to protect
the nesting season of the previously mentioned active bald eagle nests and other potentially
nesting raptors.
Please continue to reach out to us for comment on future applications, as we strive for
responsible land development while protecting sensitive species and their habitats. If the timing
or scope of this project changes, if sensitive wildlife species are encountered, or if you have
any questions, please contact Troy Florian, District Wildlife Manager for Northern Weld County
at 970-443-1993 or tro florin �;,y siate.r_o.us.
Sincerely,
Ty Petersburg
Area 4 Wildlife Manager
cc: Troy Florian, District Wildlife Manager (Eaton/North Pawnee)
Brandon Muller, District Wildlife Manager (Greeley North)
Michael Grooms, District Wildlife Manager (Greeley South)
Chris Mettenbrink, District Wildlife Manager (Fort Lupton)
Mike Sherman, Area 2 and 4 Wildlife Biologist
Boyd Wright, Area 2 and 4 Aquatic Biologist
Kristin Cannon, Area 2 Wildlife Manager
Tom Kroening, Northeast Deputy Regional Manager
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