HomeMy WebLinkAbout20190061CORRECTED RESOLUTION
(Corrected to modify language in DS #4, 16, 18, and 19)
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0077, FOR A GREATER THAN 12 -INCH HIGH PRESSURE NATURAL
GAS PIPELINE (36 -INCH NATURAL GAS PIPELINE) APPROXIMATELY 70 MILES IN
LENGTH IN THE A (AGRICULTURAL) ZONE DISTRICT - CHEYENNE
CONNECTOR, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 12th day of
December, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Cheyenne Connector, LLC, 370 Van Gordon St., Lakewood, CO 80228,
for a Site Specific Development Plan and Use by Special Review Permit, USR18-0077, for a
greater than 12 -inch high pressure natural gas pipeline (36 -inch natural gas pipeline)
approximately 70 miles in length in the A (Agricultural) Zone District, on the following described
real estate, being more particularly described as follows:
Commences in Section 14, Township 2 North,
Range 66 West, and crosses Sections 14, 11, 2,
Township 2 North, Range 66 West, Sections 35, 26,
23, 14, 13, 12, 1, 2, Township 3 North, Range 66
West, Section 6, Township 3 North, Range 65 West,
Sections 31, 32, 33, 36, Township 4 North, Range
65 West, Sections 31, 30, 19, 18, 7, 6, 5, Township
4 North, Range 64 West, Sections 32, 29, 20, 17, 8,
5, Township 5 North, Range 64 West, Sections 32,
29, 30, Township 6 North, Range 64 West, Sections
25, 24, 13, 12, 1, Township 6 North, Range 65 West,
Sections 36, 25, 24, 23, 14, 15, 10, 9, 4, 5, Township
7 North, Range 65 West, Sections 32, 31, 30, 19, 24,
Township 8 North, Range 65 West, Sections 13, 12,
11, 2, Township 8 North, Range 66 West, Sections
35, 34, 27, 22, 21, 19, 17, 8, 5, Township 9 North,
Range 66 West, Sections 32, 29, 20, 17, 8, 5,
Township 10 North, Range 66 West, Sections 32,
29, 20, 17, 8, 5, Township 11 North, Range 66 West,
and terminating in Section 5, Township 11 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the Board of Weld County Commissioners continued the
request to March 27, 2019, and again to November 20, 2019, to provide the applicant an
opportunity to work with landowners to secure rights -of -way and easements in good faith, and
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WHEREAS, the applicant submitted a letter to the County, dated April 19, 2019, stating
that they have secured approximately 95% of easements and rights -of -way and are negotiating
terms on the remaining 5%, and the Board agreed to consider their USR application on May 29,
2019, and
WHEREAS, on May 29, 2019, the applicant was present, and
WHEREAS, the application for USR18-0077 was received and processed prior to the
adoption of Ordinance #2018-05, effective February 1, 2019, which amended the Division 6 title
to read as PIPELINE - DOMESTIC WATER. Formerly, such division pertained to Use by Special
Review Permits for PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS
OTHER THAN NATURAL GAS and PIPELINE - DOMESTIC WATER. Therefore, the standards
for review of said Use by Special Review Permit will remain subject to Section 23-2-490 of the
Weld County Code as it existed prior to February 1, 2019, and
WHEREAS, Section 23-2-470 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall 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 Board of County Commissioners that the applicant has
shown compliance with Section 23-2-490 of the Weld County Code as follows:
A. Section 23-2-490.A states: "All reasonable efforts have been made to avoid
irrigated cropland or to minimize the negative impacts on agricultural uses
and lands." The application indicates that the pipeline will be located to
minimize impacts on the operation of irrigation equipment. The effect on
land that is disturbed during construction will be temporary in nature, since
the permanent construction area will be returned to its pre -construction
state. In areas where active cultivation could not be avoided, impacts will
be minimized. During construction, Cheyenne will double -ditch the pipeline
trench, segregating the topsoil from the subsoil and returning each to its
proper place within the trench, thus priming the soil for agricultural
regrowth. The pipe will be laid in the trench in such a manner as to leave
the top of the pipe at least thirty-six (36) inches below the surface of the
ground after restoration to accommodate the machinery used during crop
seasons. Cheyenne will begin reclamation of the affected lands as soon as
practical after construction has finished on each parcel of land and will
pursue re -grading and reseeding of the grounds until the property has been
re-established to a condition comparable to its state prior to entry by
Cheyenne. Per the application narrative, the preferred pipeline route
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minimizes environmental impacts such as wetland areas, water bodies,
and agricultural lands.
B. Section 23-2-490.6 states: "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
(3) mile referral area of the Cities of Greeley, Evans and Fort Lupton,
Towns of Ault, Eaton, Gilcrest, Kersey, Nunn, Pierce and Platteville. The
City of Greeley returned a referral dated September 19, 2018, indicting no
concerns. All other municipalities did not return a referral response.
C. Section 23-2-490.C states: "The design of the proposed pipeline mitigates
negative impacts on the surrounding area to the greatest extent feasible."
The proposed pipeline alignment locations are in agricultural, rangeland,
and industrial/developed areas. The applicant indicates private easements
have been negotiated for the pipeline with private land owners and are of
record. The preferred pipeline route attempts to minimize environmental
surface impacts. The pipeline will cross under multiple irrigation ditches and
canals, three (3) electrical easements and electrical transmission line
corridors, roadway, highway and railroad rights -of -way, and approximately
100 waterbodies, including creeks and rivers and their associated
floodplains. The pipeline will also parallel and/or cross multiple subsurface
pipelines, communication cables, and utility corridors.
D. Section 23-2-490.D states: "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, dust suppression, et cetera.
E. Section 23-2-490.E states: "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." All pipelines will be
compliant with the Department of Transportation (DOT) requirements. Per
this standard, pipelines are required to meet the minimum standard for
cover, as established at time of right-of-way permit by local or state
agencies. The pipeline trench will be excavated mechanically; pipe
segments will then be strung along the ditch line, then welded together
using welders and weld procedures qualified under the requirements of the
Code of Federal Regulations; each weld will be examined utilizing industry
standard non-destructive examination, or x-ray, procedures by qualified
technicians; the coating on the pipeline will be inspected for damage and
repaired as necessary, then the line(s) will be lowered into the trench and
backfilled. The pipeline(s) will subsequently be pressure tested using water
(hydrostatically tested) to industry regulations. In addition to Cheyenne's
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monitoring and valve cutoff systems described in the section below,
Cheyenne will clearly mark the pipeline centerline with markers placed at
line of site intervals, and at road crossings. The markers will clearly indicate
the presence of a gas pipeline and will provide a telephone number and
address where a company representative can be reached in an
emergency, or prior to any excavation of the pipeline. Pipeline pressures
are remotely monitored from Cheyenne offices in Lakewood, Colorado, 24
hours a day, 7 days a week, 365 days a year. In the event of an abnormal
pressure change, equipment will automatically shut down and valves will
close to minimize any potential spill volumes. Operations personnel are on
call and prepared to respond in the event of an emergency. Cheyenne
maintains a monitoring system that includes a gas control center that tracks
pressures, flows, and deliveries on its entire system. The gas control center
is staffed 24 hours a day, 7 days a week, 365 days a year. Cheyenne also
has area offices near the pipeline route with personnel who can provide the
appropriate response to emergency situations and direct safety operations
as necessary. Cheyenne's pipeline systems are equipped with remotely
controlled valves that can be operated from the gas control center. In the
event of an emergency, the valves allow for a section of the pipeline to be
isolated from the rest of the system. Data acquisition systems are also
present at all of Cheyenne's meter stations. If system pressures fall outside
of a predetermined range, an alarm is activated, and notice is transmitted
to the gas control center. Routine ground inspections are conducted by
Cheyenne personnel or contractors. These inspections allow Cheyenne to
identify soil erosion that may expose the pipeline; dead vegetation that may
indicate a leak in the line; unauthorized encroachment on the ROW by a
third party; or other conditions that may lead to a safety hazard and/or
require preventative maintenance or repairs.
F. Section 23-2-490.F states: "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." There are no major route
alternatives for this project that are viable, as much of the pipeline routing
was driven by the four (4) receipt points and final delivery point. In
considering the routing to meet this objective, Cheyenne purposely
co -located with existing pipelines to the extent possible and routed in areas
of existing development where practicable. The proposed pipeline would
parallel multiple existing pipelines in the proposed corridor. Approximately
46% of the 70 -mile pipeline is collocated with other existing pipelines.
Further, approximately 70% of the project (including both the pipeline and
the aboveground facilities) is located adjacent to other existing
infrastructure (including pipelines, oil and gas development including
natural gas plants, production facilities and hundreds of well pads, power
transmission lines and facilities, a network of state, county, and local roads,
commercial development, rail storage yards, etc.). Only approximately 27%
of the proposed project would be located on greenfield undeveloped areas
(agricultural, rural residential, and undeveloped). Additionally, during the
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routing and planning phase of the Cheyenne pipeline, they consulted with
various operators in the area and based on their feedback, designed a
route to avoid conflicts related to potentially six (6) future pipelines in the
project area. Cheyenne also routed the proposed pipeline to avoid at least
seven (7) future natural gas production facilities and numerous permitted
well pad locations. Three (3) route variations were considered and
evaluated for the proposed 70 -mile Cheyenne pipeline routing. In addition,
minor route shifts along the entire proposed alignment were considered
due to co -location with other pipelines and wells. Pipeline alignment also
shifted slightly in areas due to crossing of County roads and required
crossing angles (i.e. bore at 90 degrees). This route was selected as the
preferred project route as it balances environmental sensitivity, operational
efficiency, cost minimization, and adjacent landowner considerations. As
such, Cheyenne has proposed this alignment as the preferred route as it
helps meet the operational needs of the project while minimizing impacts
to the surrounding community and environment. The preferred route was
selected, as it is the best option when considering proximity to an existing
utility and infrastructure corridor, shortest distance, minimal disturbance to
existing land uses, and landowner preferences. As such, Cheyenne has
proposed this alignment as the preferred route, as it helps meet the
operational needs of the project while minimizing impacts to the
surrounding community and environment. Additionally, Cheyenne is in the
process of acquiring right-of-way agreements for the entire length of the
route. Currently, the number of easements obtained from property owners
crossed by this proposed alignment is less than half. Alternate routes would
require new agreements, greater distance, and, likely, greater impacts to
agriculture and the environment.
G. Section 23-2-490.G states: "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." As part of the siting and routing process for the project,
SWCA (Steven W. Carothers Associates) conducted wetland and water
body delineations to identify aquatic resources that are potentially
jurisdictional under the Clean Water Act (CWA) of 1972. These surveys
were conducted from October 2017, through early February 2018, for all
areas within a 250 -foot wide corridor (50 -foot permanent easement with an
additional 40 feet on the spoils side and 160 feet on the working side) for
the proposed pipeline, and a 100 -foot wide corridor for the proposed
access roads (survey area). SWCA identified 111 waterbodies within the
survey area; of which, 71 waterbodies would be crossed by the project.
Cheyenne would use horizontal directional drilling (HDD) methods to cross
22 waterbodies, including the South Platte River to limit the potential for
in -stream impacts. A total of 15 HDD crossings would be used to avoid
these 22 waterbodies. Of the remaining proposed waterbody crossings, 23
would be crossed by conventional boring and 26 would be open cut.
Cheyenne would use HDD or bore crossing methods under the flowing
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waterbodies such as ditches and canals, taking special care to minimize
the effects of construction on those waterbodies. Cheyenne would
implement the Federal Energy Regulatory Commission's (FERC)
Procedures with deviation for a limited number of temporary workspaces in
or within 50 feet of wetlands. Cheyenne would open cut intermittent and
ephemeral streams. Project construction in waterbodies crossed by the
project would comply with the conditions of U.S. Army Corps of Engineers
(USACE) Section 404 nationwide permit (NWP) 12 and the associated
Regional Conditions for Colorado (USACE 2017).
Colorado Parks and Wildlife (CPW) in their referral dated October 2, 2018,
states, in part, "... CPW understands that this project is proposed to begin
construction in April 2019, and last up to six (6) months through October
2019, and have approximately 594.7 acres of temporary impacts to mostly
grasslands, prairies or agricultural lands. 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 pipeline crosses grasslands, prairies, irrigated
and non -irrigated agricultural fields." Colorado Parks and Wildlife (CPAW)
returned a referral dated October 2, 2018, stating upon review of the
proposed referral request and an internal review of this parcel, CPAW
proposed eight (8) potential biological concerns regarding this project.
H. Section 23-2-490.A.8 states: "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, 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. Cheyenne
acknowledges in their application that the historical flow patterns and runoff
amounts will be maintained on the site or in such a manner that it will
reasonably preserve the natural character of the area and prevent property
damage of the type generally attributed to run-off rate and velocity
increases, diversions, concentration and/or unplanned ponding of storm
run-off. 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 the health, safety, and welfare of the
inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Cheyenne Connector, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0077, for a greater than 12 -inch
High Pressure Natural Gas pipeline (36 -inch natural gas pipeline) approximately 70 miles in length
in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is,
granted subject to the following conditions:
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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
0.5 miles of any construction access point for the project.
B. The applicant shall submit written evidence that the Federal Energy
Regulatory Commission (FERC) has issued a Certificate authorizing
construction of the project.
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0077.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-520 of
the Weld County Code.
4) The final location of the permanent gas pipeline easement with
dimension of permanent easement, property ownership, parcel
number, and any significant man-made features within 0.5 miles on
each side of the approved route.
5) 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, and
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 the
existing right-of-way on the site plan. All setbacks shall be
measured from the edge of the right-of-way. These roads are
maintained by Weld County.
6) 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 the existing right-of-way on the site plan. All setbacks
shall be measured from the edge of the right-of-way. This road is
maintained by Weld County.
7) 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 the future and existing right-of-way on the site plan. All
setbacks shall be measured from the edge of future right-of-way.
This road is maintained by Weld County.
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8) County Roads 32, 39, 43, 44, 50, 51, 54.25, 60.5, 66, 86, 90, and
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 the
future and existing right-of-way on the site plan. All setbacks shall
be measured from the edge of the future right-of-way. These roads
are maintained by Weld County.
9) 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 the future and existing right-of-way on the site plan. All
setbacks shall be measured from the edge of the future
right-of-way. This road is maintained by Weld County.
10) County Roads 22 and 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 the future and existing right-of-way on the site plan.
All setbacks shall be measured from the edge of the future
right-of-way. These roads are maintained by Weld County.
11) The County Highway (County Road 49) 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 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.
12) The applicant shall 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.
13) The applicant shall show the floodplain and floodway (if applicable)
boundaries on the map. The applicant shall label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel
Number or appropriate study.
2. The applicant shall attempt to address the referral from the Colorado Parks and
Wildlife (CPAW), dated October 5, 2018, with written evidence of such to the
Department of Planning Services.
3. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf), or one (1) paper copy 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
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Services. The map shall be prepared in accordance with the requirements of
Section 23-2-520 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.
4. 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 be added for each additional three (3)
month period.
5. 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 FIPS
0501 (US Feet)....etc.). This digital file may be sent to maps(c�co.weld.co.us.
6. Prior to Construction at each parcel or other relevant location:
A. The approved access and tracking control shall be constructed prior to
construction of the pipeline.
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.
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.
D. The applicant shall submit a recorded easement for the interconnection
points and the Cheyenne Connector pipeline and place the easement
reception number and date of recording on the USR Map.
E. A copy of the signed and recorded (construction and post -construction)
lease agreements (or other acceptable authorization from property owner
or court) for pipeline right-of-way (easements) shall be submitted to the
Department of Planning Services. Construction may occur on any parcel
for which appropriate authorization has been secured.
F. A copy of the signed Colorado Department of Transportation pipeline
crossing agreement/easement or a letter indicating no agreement is
necessary, shall be submitted to the Department of Planning Services.
G. A copy of the signed Union Pacific railway crossing agreement/easement
or a letter indicating no agreement is necessary, shall be submitted to the
Department of Planning Services.
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H. A copy of the signed Whitney Ditch pipeline crossing agreement/easement
or a letter indicating no agreement is necessary, shall be submitted to the
Department of Planning Services.
I. A copy of the signed Greeley No. 2 Ditch pipeline crossing
agreement/easement or a letter indicating no agreement is necessary, shall
be submitted to the Department of Planning Services.
J. A copy of the signed Eaton Ditch pipeline crossing agreement/easement or
a letter indicating no agreement is necessary, shall be submitted to the
Department of Planning Services.
K. A copy of the signed Collins Lateral pipeline crossing agreement/easement
or a letter indicating no agreement is necessary, shall be submitted to the
Department of Planning Services.
L. A copy of the signed Pierce Lateral pipeline crossing agreement/easement
or a letter indicating no agreement is necessary, shall be submitted to the
Department of Planning Services.
M. A copy of the signed Public Service of Colorado pipeline crossing
agreement/easement or a letter indicating no agreement is necessary, shall
be submitted to the Department of Planning Services.
N. A copy of the signed Western Area Power Administration crossing
agreement/easement or a letter indicating no agreement is necessary, shall
be submitted to the Department of Planning Services.
O. A copy of the signed Tri-State Generation and Transmission, Inc. pipeline
crossing agreement/easement or a letter indicating no agreement is
necessary, shall be submitted to the Department of Planning Services.
P. A copy of the signed New Cache Irrigating Company pipeline crossing
agreement/easement or a letter indicating no agreement is necessary, shall
be submitted to the Department of Planning Services.
Q. A copy of the signed Union Lateral Irrigating Company pipeline crossing
agreement/easement or a letter indicating no agreement is necessary, shall
be submitted to the Department of Planning Services.
R. A copy of the signed Brown Lateral Irrigating Company pipeline crossing
agreement/easement or a letter indicating no agreement is necessary, shall
be submitted to the Department of Planning Services.
S. A copy of the signed Anadarko Petroleum Corporation pipeline crossing
agreement/easement or a letter indicating no agreement is necessary, shall
be submitted to the Department of Planning Services.
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T A copy of the signed DCP Operating Company, LP, pipeline crossing
agreement/easement or a letter indicating no agreement is necessary, shall
be submitted to the Department of Planning Services.
U. A copy of the signed Kerr-McGee Gathering, LLC, pipeline crossing
agreement/easement or a letter indicating no agreement is necessary, shall
be submitted to the Department of Planning Services.
V. A copy of the signed Noble Energy, Inc., pipeline crossing
agreement/easement or a letter indicating no agreement is necessary, shall
be submitted to the Department of Planning Services.
W. A copy of the signed AKA Energy Group pipeline crossing
agreement/easement or a letter indicating no agreement is necessary, shall
be submitted to the Department of Planning Services.
X. A copy of the signed FRICO pipeline crossing agreement/easement or a
letter indicating no agreement is necessary, shall be submitted to the
Department of Planning Services.
Y A copy of the signed Ogilvy Ditch pipeline crossing agreement/easement
or a letter indicating no agreement is necessary, shall be submitted to the
Department of Planning Services.
Z. A copy of the signed Plumb Ditch pipeline crossing agreement/easement
or a letter indicating no agreement is necessary, shall be submitted to the
Department of Planning Services.
AA. A copy of the signed Lower Latham Reservoir Company pipeline crossing
agreement/easement or a letter indicating no agreement is necessary, shall
be submitted to the Department of Planning Services.
BB. A copy of the signed Latham Ditch pipeline crossing agreement/easement
or a letter indicating no agreement is necessary, shall be submitted to the
Department of Planning Services.
CC. A copy of the signed Larimer and Weld Irrigation Company pipeline
crossing agreement/easement or a letter indicating no agreement is
necessary, shall be submitted to the Department of Planning Services.
DD. A copy of the signed Neres Canal pipeline crossing agreement/easement
or a letter indicating no agreement is necessary, shall be submitted to the
Department of Planning Services.
EE. A copy of the signed Gilmore Ditch pipeline crossing agreement/easement
or a letter indicating no agreement is necessary, shall be submitted to the
Department of Planning Services.
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FF. A copy of the signed Platte Valley Canal pipeline crossing
agreement/easement or a letter indicating no agreement is necessary, shall
be submitted to the Department of Planning Services.
GG. A copy of the signed Speer Canal pipeline crossing agreement/easement
or a letter indicating no agreement is necessary, shall be submitted to the
Department of Planning Services.
HH. A copy of the signed Owl Creek Supply and Irrigating Company pipeline
crossing agreement/easement or a letter indicating no agreement is
necessary, shall be submitted to the Department of Planning Services.
II. A copy of the signed Town of Nunn pipeline crossing agreement for all
public rights -of -way or a letter indicating no agreement is necessary, shall
be submitted to the Department of Planning Services.
JJ. A copy of the signed Town of Pierce pipeline crossing agreement for all
public rights -of -way or a letter indicating no agreement is necessary, shall
be submitted to the Department of Planning Services.
KK. A copy of the signed City of Greeley pipeline crossing agreement for all
public rights -of -way or a letter indicating no agreement is necessary, shall
be submitted to the Department of Planning Services.
LL. A copy of the signed Town of Kersey pipeline crossing agreement for all
public rights -of -way or a letter indicating no agreement is necessary, shall
be submitted to the Department of Planning Services.
MM. The applicant shall submit evidence of a Town of Kesery Conditional Use
Permit for pipeline alignment.
NN. A copy of the signed City of Fort Lupton pipeline crossing agreement for all
public rights -of -way or a letter indicating no agreement is necessary, shall
be submitted to the Department of Planning Services.
OO. A copy of the signed Poudre Valley REA crossing agreement/easement or
a letter indicating no agreement is necessary shall be submitted to the
Department of Planning Services.
PP. A copy of the signed Colorado Interstate Gas Company crossing
agreement/easement or a letter indicating no agreement is necessary shall
be submitted to the Department of Planning Services.
QQ. A copy of the signed Kinder -Morgan Gas Company pipeline crossing
agreement/easement or a letter indicating no agreement is necessary shall
be submitted to the Department of Planning Services.
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RR. A copy of the signed KN Interstate Gas Transmission Company pipeline
crossing agreement/easement or a letter indicating no agreement is
necessary shall be submitted to the Department of Planning Services.
SS. Any improvements or new construction in the floodplain require a Flood
Hazard Development Permit.
7. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and the Fire District(s) and incorporate
Tallgrass Emergency procedures for remote monitoring and valve shut-off.
The plan shall be reviewed on an annual basis by the Facility operator, the
Fire District(s) and the Weld County Office of Emergency Management.
The applicant shall submit evidence of acceptance to the Department of
Planning Services.
B. The applicant shall submit evidence of decreed water rights or written
evidence that water for hydrostatic testing has been secured. Evidence of
such shall be submitted to the Department of Planning Services.
8. The Use by Special Review Permit is not perfected until the Conditions of Approval
have been 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.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that the hearing scheduled for November 20, 2019, be, and hereby is dismissed.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of May, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLORADO
ATTEST: dat.4.0)
Weld County Clerk to the Bo
BY:
eputy Clerk to the
APP ::• D AS TORM:
ounty At : rney
Steve Moreno
Date of signature: 07130111
arbara Kirkmeyer,
i
e Freeman, Pr•-Tem
Sea,/' Conway
Sc:tt K. James
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CHEYENNE CONNECTOR, LLC
USR18-0077
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0077, is
for a greater than 12 -inch High Pressure Natural Gas Pipeline (36 -inch natural gas
pipeline), approximately 70 miles long 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.
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.
4. The property owner or operator shall be responsible for controlling noxious weeds the
pipeline right-of-way, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
5. 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.
6. During construction, there shall be no parking or staging of vehicles on public roads.
On -site parking will be utilized.
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.
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.
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.
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.
11. The historical flow patterns and runoff amounts onsite will be maintained.
12. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2018 International Codes,
2006 International Energy Code, and 2017 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review. A
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Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection.
13. 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.
14. 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.
15. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal
Sites and Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final
disposal in a manner that protects against surface and groundwater contamination.
16. During construction, no permanent disposal of wastes shall be permitted at any location
along the pipeline right-of-way. 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, C.R.S. §30-20-100.5.
17. During construction, waste materials shall be handled, stored, and disposed of 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 I, of the Weld County Code.
18. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construction of the project and until ground cover is established.
19. 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, shall contain hand sanitizers and shall be screened from residences within
a half -mile corridor and high volume roads.
20. 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 of the
Colorado Department of Public Health and Environment, as applicable.
21. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
22. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
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23. 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 at any reasonable time 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.
24. 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.
25. The property owner or operator shall be responsible for complying with 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.
26. 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 persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, 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.
27. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0077, FORA GREATER THAN 12 -INCH HIGH PRESSURE NATURAL
GAS PIPELINE (36 -INCH NATURAL GAS PIPELINE) APPROXIMATELY 70 MILES IN
LENGTH IN THE A (AGRICULTURAL) ZONE DISTRICT - CHEYENNE
CONNECTOR, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 12th day of
December, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Cheyenne Connector, LLC, 370 Van Gordon St., Lakewood, CO 80228,
for a Site Specific Development Plan and Use by Special Review Permit, USR18-0077, for a
greater than 12 -inch high pressure natural gas pipeline (36 -inch natural gas pipeline)
approximately 70 miles in length in the A (Agricultural) Zone District, on the following described
real estate, being more particularly described as follows:
Commences in Section 14, Township 2 North,
Range 66 West, and crosses Sections 14, 11, 2,
Township 2 North, Range 66 West, Sections 35, 26,
23, 14, 13, 12, 1, 2, Township 3 North, Range 66
West, Section 6, Township 3 North, Range 65 West,
Sections 31, 32, 33, 36, Township 4 North, Range
65 West, Sections 31, 30, 19, 18, 7, 6, 5, Township
4 North, Range 64 West, Sections 32, 29, 20, 17, 8,
5, Township 5 North, Range 64 West, Sections 32,
29, 30, Township 6 North, Range 64 West, Sections
25, 24, 13, 12, 1, Township 6 North, Range 65 West,
Sections 36, 25, 24, 23, 14, 15, 10, 9, 4, 5, Township
7 North, Range 65 West, Sections 32, 31, 30, 19, 24,
Township 8 North, Range 65 West, Sections 13, 12,
11, 2, Township 8 North, Range 66 West, Sections
35, 34, 27, 22, 21, 19, 17, 8, 5, Township 9 North,
Range 66 West, Sections 32, 29, 20, 17, 8, 5,
Township 10 North, Range 66 West, Sections 32,
29, 20, 17, 8, 5, Township 11 North, Range 66 West,
and terminating in Section 5, Township 11 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the Board of Weld County Commissioners continued the
request to March 27, 2019, and again to November 20, 2019, to provide the applicant an
opportunity to work with landowners to secure rights -of -way and easements in good faith, and
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WHEREAS, the applicant submitted a letter to the County, dated April 19, 2019, stating
that they have secured approximately 95% of easements and rights -of -way and are negotiating
terms on the remaining 5%, and the Board agreed to consider their USR application on May 29,
2019, and
WHEREAS, on May 29, 2019, the applicant was present, and
WHEREAS, the application for USR18-0077 was received and processed prior to the
adoption of Ordinance #2018-05, effective February 1, 2019, which amended the Division 6 title
to read as PIPELINE - DOMESTIC WATER. Formerly, such division pertained to Use by Special
Review Permits for PIPELINE - NATURAL GAS and PIPELINE - PETROLEUM PRODUCTS
OTHER THAN NATURAL GAS and PIPELINE - DOMESTIC WATER. Therefore, the standards
for review of said Use by Special Review Permit will remain subject to Section 23-2-490 of the
Weld County Code as it existed prior to February 1, 2019, and
WHEREAS, Section 23-2-470 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall 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 Board of County Commissioners that the applicant has
shown compliance with Section 23-2-490 of the Weld County Code as follows:
A. Section 23-2-490.A states: "All reasonable efforts have been made to avoid
irrigated cropland or to minimize the negative impacts on agricultural uses
and lands." The application indicates that the pipeline will be located to
minimize impacts on the operation of irrigation equipment. The effect on
land that is disturbed during construction will be temporary in nature, since
the permanent construction area will be returned to its pre -construction
state. In areas where active cultivation could not be avoided, impacts will
be minimized. During construction, Cheyenne will double -ditch the pipeline
trench, segregating the topsoil from the subsoil and returning each to its
proper place within the trench, thus priming the soil for agricultural
regrowth. The pipe will be laid in the trench in such a manner as to leave
the top of the pipe at least thirty-six (36) inches below the surface of the
ground after restoration to accommodate the machinery used during crop
seasons. Cheyenne will begin reclamation of the affected lands as soon as
practical after construction has finished on each parcel of land and will
pursue re -grading and reseeding of the grounds until the property has been
re-established to a condition comparable to its state prior to entry by
Cheyenne. Per the application narrative, the preferred pipeline route
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minimizes environmental impacts such as wetland areas, water bodies,
and agricultural lands.
B. Section 23-2-490.6 states: "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
(3) mile referral area of the Cities of Greeley, Evans and Fort Lupton,
Towns of Ault, Eaton, Gilcrest, Kersey, Nunn, Pierce and Platteville. The
City of Greeley returned a referral dated September 19, 2018, indicting no
concerns. All other municipalities did not return a referral response.
C. Section 23-2-490.C states: "The design of the proposed pipeline mitigates
negative impacts on the surrounding area to the greatest extent feasible."
The proposed pipeline alignment locations are in agricultural, rangeland,
and industrial/developed areas. The applicant indicates private easements
have been negotiated for the pipeline with private land owners and are of
record. The preferred pipeline route attempts to minimize environmental
surface impacts. The pipeline will cross under multiple irrigation ditches and
canals, three (3) electrical easements and electrical transmission line
corridors, roadway, highway and railroad rights -of -way, and approximately
100 waterbodies, including creeks and rivers and their associated
floodplains. The pipeline will also parallel and/or cross multiple subsurface
pipelines, communication cables, and utility corridors.
D. Section 23-2-490.D states: "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, dust suppression, et cetera.
E. Section 23-2-490.E states: "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."All pipelines will be
compliant with the Department of Transportation (DOT) requirements. Per
this standard, pipelines are required to meet the minimum standard for
cover, as established at time of right-of-way permit by local or state
agencies. The pipeline trench will be excavated mechanically; pipe
segments will then be strung along the ditch line, then welded together
using welders and weld procedures qualified under the requirements of the
Code of Federal Regulations; each weld will be examined utilizing industry
standard non-destructive examination, or x-ray, procedures by qualified
technicians; the coating on the pipeline will be inspected for damage and
repaired as necessary, then the line(s) will be lowered into the trench and
backfilled. The pipeline(s) will subsequently be pressure tested using water
(hydrostatically tested) to industry regulations. In addition to Cheyenne's
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monitoring and valve cutoff systems described in the section below,
Cheyenne will clearly mark the pipeline centerline with markers placed at
line of site intervals, and at road crossings. The markers will clearly indicate
the presence of a gas pipeline and will provide a telephone number and
address where a company representative can be reached in an
emergency, or prior to any excavation of the pipeline. Pipeline pressures
are remotely monitored from Cheyenne offices in Lakewood, Colorado, 24
hours a day, 7 days a week, 365 days a year. In the event of an abnormal
pressure change, equipment will automatically shut down and valves will
close to minimize any potential spill volumes. Operations personnel are on
call and prepared to respond in the event of an emergency. Cheyenne
maintains a monitoring system that includes a gas control center that tracks
pressures, flows, and deliveries on its entire system. The gas control center
is staffed 24 hours a day, 7 days a week, 365 days a year. Cheyenne also
has area offices near the pipeline route with personnel who can provide the
appropriate response to emergency situations and direct safety operations
as necessary. Cheyenne's pipeline systems are equipped with remotely
controlled valves that can be operated from the gas control center. In the
event of an emergency, the valves allow for a section of the pipeline to be
isolated from the rest of the system. Data acquisition systems are also
present at all of Cheyenne's meter stations. If system pressures fall outside
of a predetermined range, an alarm is activated, and notice is transmitted
to the gas control center. Routine ground inspections are conducted by
Cheyenne personnel or contractors. These inspections allow Cheyenne to
identify soil erosion that may expose the pipeline; dead vegetation that may
indicate a leak in the line; unauthorized encroachment on the ROW by a
third party; or other conditions that may lead to a safety hazard and/or
require preventative maintenance or repairs.
F. Section 23-2-490.F states: "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." There are no major route
alternatives for this project that are viable, as much of the pipeline routing
was driven by the four (4) receipt points and final delivery point. In
considering the routing to meet this objective, Cheyenne purposely
co -located with existing pipelines to the extent possible and routed in areas
of existing development where practicable. The proposed pipeline would
parallel multiple existing pipelines in the proposed corridor. Approximately
46% of the 70 -mile pipeline is collocated with other existing pipelines.
Further, approximately 70% of the project (including both the pipeline and
the aboveground facilities) is located adjacent to other existing
infrastructure (including pipelines, oil and gas development including
natural gas plants, production facilities and hundreds of well pads, power
transmission lines and facilities, a network of state, county, and local roads,
commercial development, rail storage yards, etc.). Only approximately 27%
of the proposed project would be located on greenfield undeveloped areas
(agricultural, rural residential, and undeveloped). Additionally, during the
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routing and planning phase of the Cheyenne pipeline, they consulted with
various operators in the area and based on their feedback, designed a
route to avoid conflicts related to potentially six (6) future pipelines in the
project area. Cheyenne also routed the proposed pipeline to avoid at least
seven (7) future natural gas production facilities and numerous permitted
well pad locations. Three (3) route variations were considered and
evaluated for the proposed 70 -mile Cheyenne pipeline routing. In addition,
minor route shifts along the entire proposed alignment were considered
due to co -location with other pipelines and wells. Pipeline alignment also
shifted slightly in areas due to crossing of County roads and required
crossing angles (i.e. bore at 90 degrees). This route was selected as the
preferred project route as it balances environmental sensitivity, operational
efficiency, cost minimization, and adjacent landowner considerations. As
such, Cheyenne has proposed this alignment as the preferred route as it
helps meet the operational needs of the project while minimizing impacts
to the surrounding community and environment. The preferred route was
selected, as it is the best option when considering proximity to an existing
utility and infrastructure corridor, shortest distance, minimal disturbance to
existing land uses, and landowner preferences. As such, Cheyenne has
proposed this alignment as the preferred route, as it helps meet the
operational needs of the project while minimizing impacts to the
surrounding community and environment. Additionally, Cheyenne is in the
process of acquiring right-of-way agreements for the entire length of the
route. Currently, the number of easements obtained from property owners
crossed by this proposed alignment is less than half. Alternate routes would
require new agreements, greater distance, and, likely, greater impacts to
agriculture and the environment.
G. Section 23-2-490.G states: "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." As part of the siting and routing process for the project,
SWCA (Steven W. Carothers Associates) conducted wetland and water
body delineations to identify aquatic resources that are potentially
jurisdictional under the Clean Water Act (CWA) of 1972. These surveys
were conducted from October 2017, through early February 2018, for all
areas within a 250 -foot wide corridor (50 -foot permanent easement with an
additional 40 feet on the spoils side and 160 feet on the working side) for
the proposed pipeline, and a 100 -foot wide corridor for the proposed
access roads (survey area). SWCA identified 111 waterbodies within the
survey area; of which, 71 waterbodies would be crossed by the project.
Cheyenne would use horizontal directional drilling (HDD) methods to cross
22 waterbodies, including the South Platte River to limit the potential for
in -stream impacts. A total of 15 HDD crossings would be used to avoid
these 22 waterbodies. Of the remaining proposed waterbody crossings, 23
would be crossed by conventional boring and 26 would be open cut.
Cheyenne would use HDD or bore crossing methods under the flowing
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waterbodies such as ditches and canals, taking special care to minimize
the effects of construction on those waterbodies. Cheyenne would
implement the Federal Energy Regulatory Commission's (FERC)
Procedures with deviation for a limited number of temporary workspaces in
or within 50 feet of wetlands. Cheyenne would open cut intermittent and
ephemeral streams. Project construction in waterbodies crossed by the
project would comply with the conditions of U.S. Army Corps of Engineers
(USACE) Section 404 nationwide permit (NWP) 12 and the associated
Regional Conditions for Colorado (USACE 2017).
Colorado Parks and Wildlife (CPW) in their referral dated October 2, 2018,
states, in part, ". CPW understands that this project is proposed to begin
construction in April 2019, and last up to six (6) months through October
2019, and have approximately 594.7 acres of temporary impacts to mostly
grasslands, prairies or agricultural lands. 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 pipeline crosses grasslands, prairies, irrigated
and non -irrigated agricultural fields." Colorado Parks and Wildlife (CPAW)
returned a referral dated October 2, 2018, stating upon review of the
proposed referral request and an internal review of this parcel, CPAW
proposed eight (8) potential biological concerns regarding this project.
H. Section 23-2-490.A.8 states: "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, 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. Cheyenne
acknowledges in their application that the historical flow patterns and runoff
amounts will be maintained on the site or in such a manner that it will
reasonably preserve the natural character of the area and prevent property
damage of the type generally attributed to run-off rate and velocity
increases, diversions, concentration and/or unplanned ponding of storm
run-off. 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 the health, safety, and welfare of the
inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Cheyenne Connector, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0077, for a greater than 12 -inch
High Pressure Natural Gas pipeline (36 -inch natural gas pipeline) approximately 70 miles in length
in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is,
granted subject to the following conditions:
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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
0.5 miles of any construction access point for the project.
B. The applicant shall submit written evidence that the Federal Energy
Regulatory Commission (FERC) has issued a Certificate authorizing
construction of the project.
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0077.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-520 of
the Weld County Code.
4) The final location of the permanent gas pipeline easement with
dimension of permanent easement, property ownership, parcel
number, and any significant man-made features within 0.5 miles on
each side of the approved route.
5) 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, and
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 the
existing right-of-way on the site plan. All setbacks shall be
measured from the edge of the right-of-way. These roads are
maintained by Weld County.
6) 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 the existing right-of-way on the site plan. All setbacks
shall be measured from the edge of the right-of-way. This road is
maintained by Weld County.
7) 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 the future and existing right-of-way on the site plan. All
setbacks shall be measured from the edge of future right-of-way.
This road is maintained by Weld County.
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8) County Roads 32, 39, 43, 44, 50, 51, 54.25, 60.5, 66, 86, 90, and
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 the
future and existing right-of-way on the site plan. All setbacks shall
be measured from the edge of the future right-of-way. These roads
are maintained by Weld County.
9) 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 the future and existing right-of-way on the site plan. All
setbacks shall be measured from the edge of the future
right-of-way. This road is maintained by Weld County.
10) County Roads 22 and 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 the future and existing right-of-way on the site plan.
All setbacks shall be measured from the edge of the future
right-of-way. These roads are maintained by Weld County.
11) The County Highway (County Road 49) 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 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.
12) The applicant shall 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.
13) The applicant shall show the floodplain and floodway (if applicable)
boundaries on the map. The applicant shall label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel
Number or appropriate study.
2. The applicant shall attempt to address the referral from the Colorado Parks and
Wildlife (CPAW), dated October 5, 2018, with written evidence of such to the
Department of Planning Services.
3. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf), or one (1) paper copy 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
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Services. The map shall be prepared in accordance with the requirements of
Section 23-2-520 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.
4. 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 be added for each additional three (3)
month period.
5. 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 FIPS
0501 (US Feet).... etc.). This digital file may be sent to mapsco.weld.co.us.
6. Prior to Construction at each parcel or other relevant location:
A. The approved access and tracking control shall be constructed prior to
construction of the pipeline.
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.
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.
D. The applicant shall submit a recorded easement for the interconnection
points and the Cheyenne Connector pipeline and place the easement
reception number and date of recording on the USR Map.
E. A copy of the signed and recorded (construction and post -construction)
lease agreements (or other acceptable authorization from property owner
or court) for pipeline right-of-way (easements) shall be submitted to the
Department of Planning Services. Construction may occur on any parcel
for which appropriate authorization has been secured.
F. A copy of the signed Colorado Department of Transportation pipeline
crossing agreement/easement or a letter indicating no agreement is
necessary, shall be submitted to the Department of Planning Services.
G. A copy of the signed Union Pacific railway crossing agreement/easement
or a letter indicating no agreement is necessary, shall be submitted to the
Department of Planning Services.
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H. A copy of the signed Whitney Ditch pipeline crossing agreement/easement
or a letter indicating no agreement is necessary, shall be submitted to the
Department of Planning Services.
I. A copy of the signed Greeley No. 2 Ditch pipeline crossing
agreement/easement or a letter indicating no agreement is necessary, shall
be submitted to the Department of Planning Services.
J. A copy of the signed Eaton Ditch pipeline crossing agreement/easement or
a letter indicating no agreement is necessary, shall be submitted to the
Department of Planning Services.
K. A copy of the signed Collins Lateral pipeline crossing agreement/easement
or a letter indicating no agreement is necessary, shall be submitted to the
Department of Planning Services.
L. A copy of the signed Pierce Lateral pipeline crossing agreement/easement
or a letter indicating no agreement is necessary, shall be submitted to the
Department of Planning Services.
M. A copy of the signed Public Service of Colorado pipeline crossing
agreement/easement or a letter indicating no agreement is necessary, shall
be submitted to the Department of Planning Services.
N. A copy of the signed Western Area Power Administration crossing
agreement/easement or a letter indicating no agreement is necessary, shall
be submitted to the Department of Planning Services.
O. A copy of the signed Tri-State Generation and Transmission, Inc. pipeline
crossing agreement/easement or a letter indicating no agreement is
necessary, shall be submitted to the Department of Planning Services.
P. A copy of the signed New Cache Irrigating Company pipeline crossing
agreement/easement or a letter indicating no agreement is necessary, shall
be submitted to the Department of Planning Services.
Q. A copy of the signed Union Lateral Irrigating Company pipeline crossing
agreement/easement or a letter indicating no agreement is necessary, shall
be submitted to the Department of Planning Services.
R. A copy of the signed Brown Lateral Irrigating Company pipeline crossing
agreement/easement or a letter indicating no agreement is necessary, shall
be submitted to the Department of Planning Services.
S. A copy of the signed Anadarko Petroleum Corporation pipeline crossing
agreement/easement or a letter indicating no agreement is necessary, shall
be submitted to the Department of Planning Services.
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T. A copy of the signed DCP Operating Company, LP, pipeline crossing
agreement/easement or a letter indicating no agreement is necessary, shall
be submitted to the Department of Planning Services.
U. A copy of the signed Kerr-McGee Gathering, LLC, pipeline crossing
agreement/easement or a letter indicating no agreement is necessary, shall
be submitted to the Department of Planning Services.
V. A copy of the signed Noble Energy, Inc., pipeline crossing
agreement/easement or a letter indicating no agreement is necessary, shall
be submitted to the Department of Planning Services.
W. A copy of the signed AKA Energy Group pipeline crossing
agreement/easement or a letter indicating no agreement is necessary, shall
be submitted to the Department of Planning Services.
X. A copy of the signed FRICO pipeline crossing agreement/easement or a
letter indicating no agreement is necessary, shall be submitted to the
Department of Planning Services.
Y. A copy of the signed Ogilvy Ditch pipeline crossing agreement/easement
or a letter indicating no agreement is necessary, shall be submitted to the
Department of Planning Services.
Z. A copy of the signed Plumb Ditch pipeline crossing agreement/easement
or a letter indicating no agreement is necessary, shall be submitted to the
Department of Planning Services.
AA. A copy of the signed Lower Latham Reservoir Company pipeline crossing
agreement/easement or a letter indicating no agreement is necessary, shall
be submitted to the Department of Planning Services.
BB. A copy of the signed Latham Ditch pipeline crossing agreement/easement
or a letter indicating no agreement is necessary, shall be submitted to the
Department of Planning Services.
CC A copy of the signed Larimer and Weld Irrigation Company pipeline
crossing agreement/easement or a letter indicating no agreement is
necessary, shall be submitted to the Department of Planning Services.
DD. A copy of the signed Neres Canal pipeline crossing agreement/easement
or a letter indicating no agreement is necessary, shall be submitted to the
Department of Planning Services.
EE. A copy of the signed Gilmore Ditch pipeline crossing agreement/easement
or a letter indicating no agreement is necessary, shall be submitted to the
Department of Planning Services.
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FF. A copy of the signed Platte Valley Canal pipeline crossing
agreement/easement or a letter indicating no agreement is necessary, shall
be submitted to the Department of Planning Services.
GG. A copy of the signed Speer Canal pipeline crossing agreement/easement
or a letter indicating no agreement is necessary, shall be submitted to the
Department of Planning Services.
HH. A copy of the signed Owl Creek Supply and Irrigating Company pipeline
crossing agreement/easement or a letter indicating no agreement is
necessary, shall be submitted to the Department of Planning Services.
II. A copy of the signed Town of Nunn pipeline crossing agreement for all
public rights -of -way or a letter indicating no agreement is necessary, shall
be submitted to the Department of Planning Services.
JJ. A copy of the signed Town of Pierce pipeline crossing agreement for all
public rights -of -way or a letter indicating no agreement is necessary, shall
be submitted to the Department of Planning Services.
KK. A copy of the signed City of Greeley pipeline crossing agreement for all
public rights -of -way or a letter indicating no agreement is necessary, shall
be submitted to the Department of Planning Services.
LL. A copy of the signed Town of Kersey pipeline crossing agreement for all
public rights -of -way or a letter indicating no agreement is necessary, shall
be submitted to the Department of Planning Services.
MM. The applicant shall submit evidence of a Town of Kesery Conditional Use
Permit for pipeline alignment.
NN. A copy of the signed City of Fort Lupton pipeline crossing agreement for all
public rights -of -way or a letter indicating no agreement is necessary, shall
be submitted to the Department of Planning Services.
OO. A copy of the signed Poudre Valley REA crossing agreement/easement or
a letter indicating no agreement is necessary shall be submitted to the
Department of Planning Services.
PP. A copy of the signed Colorado Interstate Gas Company crossing
agreement/easement or a letter indicating no agreement is necessary shall
be submitted to the Department of Planning Services.
QQ. A copy of the signed Kinder -Morgan Gas Company pipeline crossing
agreement/easement or a letter indicating no agreement is necessary shall
be submitted to the Department of Planning Services.
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RR. A copy of the signed KN Interstate Gas Transmission Company pipeline
crossing agreement/easement or a letter indicating no agreement is
necessary shall be submitted to the Department of Planning Services.
SS. Any improvements or new construction in the floodplain require a Flood
Hazard Development Permit.
7. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and the Fire District(s) and incorporate
Tallgrass Emergency procedures for remote monitoring and valve shut-off.
The plan shall be reviewed on an annual basis by the Facility operator, the
Fire District(s) and the Weld County Office of Emergency Management.
The applicant shall submit evidence of acceptance to the Department of
Planning Services.
B. The applicant shall submit evidence of decreed water rights or written
evidence that water for hydrostatic testing has been secured. Evidence of
such shall be submitted to the Department of Planning Services.
8. The Use by Special Review Permit is not perfected until the Conditions of Approval
have been 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.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that the hearing scheduled for November 20, 2019, be, and hereby is dismissed.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of May, A.D., 2019.
BOARD OF COUNTY CO MISSIONERS
W /0 COUNTY, COLS' ' DO
ATTEST:
Weld County Clerk to „e Boar
BY.
Deputy lerk to the Board
APPROVED AS TO FORM:
/11((-- County Attorney
Date of signature: 1J l4I9
Steve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CHEYENNE CONNECTOR, LLC
USR18-0077
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0077, is
for a greater than 12 -inch High Pressure Natural Gas Pipeline (36 -inch natural gas
pipeline), approximately 70 miles long 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.
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.
4. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
5. 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.
6. During construction, there shall be no parking or staging of vehicles on public roads.
On -site parking will be utilized.
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.
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.
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.
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.
11. The historical flow patterns and runoff amounts onsite will be maintained.
12. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2018 International Codes,
2006 International Energy Code, and 2017 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review. A
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Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection.
13. 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.
14. 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.
15. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal
Sites and Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final
disposal in a manner that protects against surface and groundwater contamination.
16. 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, C.R.S. §30-20-100.5.
17. During construction, waste materials shall be handled, stored, and disposed of 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 I, of the Weld County Code.
18. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construction of the project and until ground cover is established. Uses on the property
shall comply with the Colorado Air Quality Commission's Air Quality Regulations.
19. 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.
20. 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 of the
Colorado Department of Public Health and Environment, as applicable.
21. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
22. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
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23. 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 at any reasonable time 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.
24. 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.
25. The property owner or operator shall be responsible for complying with 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.
26. 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 persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, 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.
27. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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