HomeMy WebLinkAbout20192080.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Sparrow, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT
PLANNER
REQUEST
LEGAL DESCRIPTION:
LOCATION
USR19-0008
ROCKY MOUNTAIN MIDSTREAM, LLC
ANGELA SNYDER
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A GREATER THAN 12 -INCH HIGH PRESSURE NATURAL GAS
PIPELINE (24 -INCH NATURAL GAS PIPELINE) APPROXIMATELY 13.65 MILES
IN LENGTH IN THE A (AGRICULTURAL) ZONE DISTRICT.
THE PIPELINE CROSSES SECTIONS 1 AND 12. T3N: SECTIONS 1. 2. 11. 12, 14.
23, 25. 26 AND 36, T4N AND SECTIONS 26, 27. AND 35, T5N, ALL IN R65W OF
THE 6TH P.M., WELD COUNTY, COLORADO
SOUTH OF CR 54, WEST OF CR 49, NORTH OF CR 34.5, EAST OF CR 43.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission 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 proposed pipeline route is primarily located in unincorporated Weld County in the A
(Agricultural Zone District). The surrounding land usage for the proposed route in question
primarily consists of plowed fields, pivot irrigation systems, and country homes. The pipeline
will be buried beneath the ground's surface and therefore the effect on any active agriculture
will be temporary and isolated to the construction phase of the project.
Section 23-2-480.A.2 — The pipeline will not have an undue adverse effect on existing and
future development of the surrounding area. as set forth in applicable Master Plans.
The pipeline is located within the three-mile referral area of the Town of Kersey. No referral
responses were received. Central Weld County Water District did not have any conditions or
concerns with the project.
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.
The applicant indicates that many private easements (rights -of -way without fee ownership)
have been negotiated for the pipeline with private land owners. The pipeline route minimizes
environmental surface impacts. The pipeline will cross under the County maintained roads.
No comments were received from surrounding property owners.
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.
The Conditions of Approval and Development Standards will ensure that there is no fugitive
dust or erosion and will ensure the control of noxious weeds. Best Management Practices
(BMPs) will be required for all construction areas, including erosion control methods and dust
suppression.
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.
RESOLTUION USR19-0008
ROCKY MOUNTAIN MIDSTREAM, LLC
PAGE 2
According to the application, the pipeline will be covered under an Emergency Response
Plan. Control and shut off valves will be strategically placed along the pipeline route and are
required to be inspected twice a year on our mainline system. Overpressure protection
devices will be installed and inspected annually or as required by code. Additionally, a
hydrostatic test will be performed prior to start up. The pipeline will be protected with a leak
detection system and monitored by a 24 -hour control room through a SCADA system. The
pipeline will be identified through pipeline markers. The pipeline will be cathodically protected
to mitigate corrosion as well as above ground portions will be inspected through an
atmospheric inspection program.
Rocky Mountain Midstream coordinates with local officials and maintains an emergency
response plan which addresses responses to leaks or spills. This response plan contains
detailed information on the steps needed to address any emergency event reasonably
anticipated to be encountered during pipeline operations. The response plan contains contact
information, detailed step by step spill/leak response information, emergency phone numbers
for local responders and spill/leak contractors. The response plan is reviewed on a regular
basis.
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.
The applicant will utilize a pipeline right-of-way corridor negotiated through agreements with
private property owners.
G. Section 23-2-480.A.7 — The nature and location or expansion of the pipeline 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.
A Cultural Resource Inventory prepared by SWCA Environmental Consultants, Inc.
consultants dated December 2018, for a specific site assessment of the biological, aquatic
and cultural resources adjacent to the proposed pipeline route. The purpose of this review
was to identify any significant natural or cultural resource constraints or risks associated with
the development of the pipelines. While historic sites in the area were noted, the pipeline will
have no indirect adverse affects. History Colorado did not return a referral response,
indicating they had no concerns with the project.
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.
The applicant will be required to maintain historic flow patterns and runoff amounts, per the
Department of Public Works referral, dated November 14, 2018. A drainage plan will be not
be required for this project. Section 1.A.5 of the drainage criteria provides an exception for
pipelines and transmission lines.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section
23-2-250, Weld County Code), Conditions of Approval and Development Standards can
ensure that there are adequate provisions for the protection of health, safety, and welfare of
the inhabitants of the neighborhood and County.
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 Planning Commission recommendation for approval is conditional upon the following:
RESOLTUION USR19-0008
ROCKY MOUNTAIN MIDSTREAM, LLC
PAGE 3
1. Prior to recording the map:
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. Submit evidence of the Farmers Reservoir and Irrigation Company crossing agreements
provide evidence of reasonable accommodation to meet the needs of the agency. (Department
of Planning Services)
C. Submit evidence of the Lower Latham Reservoir Company crossing agreements or provide
evidence of reasonable accommodation to meet the needs of the agency. (Department of
Planning Services)
D. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR19-0008 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-520 of the Weld County
Code. (Department of Planning Services)
4. The final location of the permanent gas pipeline easement with dimension of permanent
easement, property ownership, parcel number, all easements of record, and all physical
encumbrances. (Department of Planning Services)
5. The owner, width and crossing agreement reception number(s) shall be shown for all
transmission lines, water or oil and gas pipelines, irrigation ditches and canals.
(Department of Planning Services)
6. County Roads 52, 47, 48, 46, 42, 40 (east of County Road 47), and 38 (west of County
Road 49) are gravel roads, 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 and label on the site map or plat the existing rights -of -way (along with the
documents creating the existing rights -of -way) and the physical location of the road.
These roads are maintained by Weld County. (Department of Public Works)
7. County Road 44 is a paved 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 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. This road is maintained by Weld County. (Department of Public
Works)
8. County Road 40 (east of CR 47) is a section line road and County Road 36 west of
County Road 49 is a section line right of way. The applicant shall verify the existing right-
of-way and the documents creating the right-of-way and this information shall be noted
on the site plan or plat. The applicant shall delineate on the site map or plat the existing
right-of-way and physical location of existing or proposed roads. 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. Show and label the
section line Right -of -Way as "CR 40 Section Line Right -Of -Way, not County maintained"
or "CR 36 Section Line Right -Of -Way, not County Maintained." (Department of Public
Works)
RESOLTUION USR19-0008
ROCKY MOUNTAIN MIDSTREAM, LLC
PAGE 4
9. Show and label the approved permanent 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)
10. Show and label all recorded easements on the map by book and page number or
reception number and date. (Department of Planning Services)
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 23-2-260.D of the Weld County Code. 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. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a
defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane
Colorado North Fl PS 0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us.
(Department of Planning Services)
5. Prior to Construction:
A. The applicant shall submit an electronic copy of all recorded crossing agreements to the
Department of Planning Services. (Department of Planning Services)
B. The approved access and tracking control shall be constructed prior to construction of the
pipeline. (Department of Public Works)
C. 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)
D. 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)
6. 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)
7. The Use by Special Review Permit 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 plat 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)
RESOLTUION USR19-0008
ROCKY MOUNTAIN MIDSTREAM, LLC
PAGE 5
Motion seconded by Tom Cope.
VOTE:
For Passage
Bruce Johnson
Bruce Sparrow
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
Against Passage Absent
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on May 21, 2019.
Dated the 21st of May, 2019
Kristine Ranslem
Secretary
RESOLTUION USR19-0008
ROCKY MOUNTAIN MIDSTREAM, LLC
PAGE 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Rocky Mountain Midstream, LLC
East Greeley Pipeline
USR19-0008
1. A Site Specific Development Plan and Use by Special Review Permit USR19-0008 for a greater than 12 -
inch high pressure natural gas pipeline (24 -inch natural gas pipeline) approximately 13.65 miles in length
in the A (Agricultural) Zone District, subject to the Development Standards stated hereon.
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 approved 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 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)
5. During construction, the accesses to the pipeline corridor shall be maintained to mitigate any impacts to
the public road including damages and/or off -site tracking. (Department of Public Works)
6. During construction, there shall be no parking or staging of vehicles on public roads. (Department of
Public Works)
7. 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)
8. Any oil and gas pipeline crossing a maintained or unmaintained County road right-of-way shall be bored a
minimum depth of ten (10) feet, subject to approval or modification by the Department of Public Works
based on engineering and safety standards and existing utilities in the right-of-way. This depth shall be
measured below the lowest roadside ditch flowline elevation to the crown of the pipe, and for the full width
of the future right of way. (Department of Public Works)
9. 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)
10. 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)
11. The historical flow patterns and runoff amounts on site will be maintained. (Department of Public Works)
12. 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)
13. 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)
14. 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
RESOLTUION USR19-0008
ROCKY MOUNTAIN MIDSTREAM, LLC
PAGE 7
facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of
Public Health and Environment)
15. 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)
16. 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)
17. 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. (Department of Public Health and Environment)
18. 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)
19. Building permits may 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 has 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)
20. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
21. During construction, necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at any reasonable
time 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.
22. 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.
23. 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.
24. 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.
RESOLTUION USR19-0008
ROCKY MOUNTAIN MIDSTREAM, LLC
PAGE 8
25. 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.
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, sandburs, 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.
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, May 21. 2019
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Michael Wailes. at 12:30 pm.
Roll Call.
Present: Michael Wailes, Bruce Sparrow, Bruce Johnson, Gene Stille, Tom Cope, Lonnie Ford, Richard
Beck, Elijah Hatch, Skip Holland.
Also Present: Chris Gathman, Angela Snyder, and Tom Parko, Department of Planning Services; Lauren
Light and Ben Frissell, Department of Health; Evan Pinkham, Hayley Balzano and Mike McRoberts. Public
Works; Bob Choate; County Attorney, and Kris Ranslem, Secretary.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR19-0008
ROCKY MOUNTAIN MIDSTREAM, LLC
ANGELA SNYDER
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A GREATER THAN 12 -INCH HIGH PRESSURE NATURAL GAS
PIPELINE (24 -INCH NATURAL GAS PIPELINE) APPROXIMATELY 13.65 MILES
IN LENGTH IN THE A (AGRICULTURAL) ZONE DISTRICT.
THE PIPELINE CROSSES SECTIONS 1 AND 12, T3N: SECTIONS 1, 2; 11, 12,
14, 23, 25, 26 AND 36. T4N AND SECTIONS 26, 27, AND 35, T5N, ALL IN R65W
OF THE 6TH FM., WELD COUNTY, COLORADO
SOUTH OF CR 54, WEST OF CR 49, NORTH OF CR 34.5, EAST OF CR 43.
Angela Snyder. Planning Services, presented Case USR19-0008, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards.
Commissioner Stille asked at what depth they bore under the irrigation ditches. Ms. Snyder commented
that the applicant will be able to answer this in their presentation.
Commissioner Wailes said that he understood the pipeline wasn't actually the subject of the USR but rather
the use of the pipeline is the subject of the USR. Bob Choate, County Attorney, said that is correct as we
regulate the use, however we do that by ensuring that construction complies with the intended use of it.
Hayley Balzano. Public Works, reported on the existing traffic, access to the site and drainage conditions
for the site.
Lauren Light. Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Matt Norton, Rocky Mountain Midstream, 3601 Stagecoach Road, Longmont. Colorado, stated that the
bore crossing was a stipulation in the agreement for the ditch crossing that the crossing could not occur
while there was water flowing in the ditch. He referred to Commissioner Stille's question and said that they
are boring 20 to 30 feet on this particular crossing. He added that there are some other agreements in
place that require they don't bore while water is flowing. and they are in that season, so they have held off
on those crossings.
Mr. Norton said that there is a minor reroute with the pipeline and identified it on the visual map.
Commissioner Cope referred to the ditches that can't be bored when there is water flowing and asked if
they will be bored after the fact. Mr. Norton replied yes and added that they will be laying the majority of
the line in the fields and then come back after the water has ceased so they can bore. Mr. Cope asked for
an estimate of how long construction may last. Mr. Norton said that they are planning for up to 5 months,
however it depends on the weather.
1
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR19-0008 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Bruce Sparrow, Seconded by Tom Cope.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 9).
Yes: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck,
Skip Holland, Tom Cope.
Meeting adjourned at 8:20 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
2
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