HomeMy WebLinkAbout20190530.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Angela Snyder
Case Number: USR18-0107
Hearing Date: January 15, 2019
Applicants: Kerr-McGee Gathering, do Nathan Keiser
1099 181h Street, Suite 1800, Denver, Colorado 80202
Request:
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
7.5 miles in length in the A (Agricultural) Zone District.
The pipeline will cross multiple sections including Sections 5, 6, 8, 9, and 10 of
Legal Township 3N; Sections 18, 19, 30, and 31 of Township 4N, Range 67W of the 6th P.M.,
Description: Weld County, Colorado
Location: Generally located East of CR 13. South of CR 46, West of CR 19.5, North of CR 32.5
Construction Size:
Operating Size:
± 90.9 acres
± 68.2 acres
Parcel No. Multiple (20 parcels)
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
➢ Front Range Fire Rescue, referral dated October 11, 2018
y Little Thompson Water District, referral dated October 26, 2018
y Weld County Department of Planning Services - Floodplain, referral dated October 23, 2018
y Weld County Department of Public Health and Environment, referral dated November 5, 2018
y Weld County Department of Public Works, referral dated November 14, 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Platteville-Gilcrest Fire Protection District, referral dated October 17, 2018
Central Weld County Water District, referral dated November 7, 2018
Farmers Reservoir and Irrigation Company, referral dated November 7, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
y Big Thompson Conservation District
y Colorado Department of Labor and Employment
y Farmer Service Agency
y Farmers Reservoir and Irrigation Company
y Great Western Railroad
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VVVVVVVVVVVVVV8181
Hillsboro Ditch
History Colorado
Longmont Conservation District
Platte River Power Authority
Town of Berthoud
Town of Firestone
Town of Johnstown
Town of Mead
Town of Milliken
Town of Platteville
Union Pacific Railroad
US Army Corps of Engineers
Weld County Office of Emergency Management
Weld County School District RE -1
Weld County School District RE -5J
Weld County Sheriff's Office
West Greeley Conservation District
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Planner:
Case Number:
Applicants:
Request:
Legal
Description:
Location:
Construction Size:
Operating Size:
Case Summary:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Angela Snyder
USR18-0107
Kerr-McGee Gathering LLC, c/o Nathan Keiser
1099 18th Street, Suite 1800, Denver, Colorado 80202
Hearing Date: January 15, 2019
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
7.5 miles in length in the A (Agricultural) Zone District.
The pipeline will cross multiple sections including Sections 5, 6, 8, 9, and 10 of
Township 3N; Sections 18,19, 30, and 31 of Township 4N, Range 67W of the 6th P.M.,
Weld County, Colorado
Generally located East of CR 13. South of CR 46, West of CR 19.5, North of CR 32.5
± 90.9 acres
± 68.2 acres
Parcel No. Multiple (20 parcels)
As Kerr-McGee Gathering LLC continues to drill for oil and gas, there is a need for increased
infrastructure to gather, process, and distribute the natural gas by means other than trucking. Increasing
volumes of natural gas, as well as the siting of recent drilling facilities, have put a strain on the currently
available gathering and processing systems. To reduce the strain, Kerr-McGee Gathering proposes a
project to construct, own and operate a 7.5 mile in length high pressure raw, natural gas pipeline called
the Johnstown to Saint Vrain Pipeline Project. The pipeline will connect the existing St. Vrain (1MUSR17-
14-0013) and the proposed Johnstown Compressor Stations. The addition of this pipeline will
accommodate Kerr-McGee's pipeline development in Weld County and provide flexibility to the existing
system.
The preferred route for the pipeline will cross County Roads 15, 17, 19, 34, 36, 38, and 40 as well as the
Saint Vrain Creek Floodplain. Appropriate permits from Public Works for crossing right-of-way and from
Planning Services for the Floodplain will be required prior to construction. Smart pig and conventional pig
launchers and receivers will be located within the permanent easement at industry standard intervals for
monitoring the maintenance and integrity of the pipeline. Construction is expected to take 8-10 months.
Employees will use portable toilets and bottled water during construction. After construction, the pipeline corridor
will be monitored by one to two employees between 6am and 5pm unless there is an emergency.
The preferred route is approximately 7.5 miles long. A permanent easement seventy-five (75) feet (±68
acres) in width has been acquired to accommodate not only the gas pipeline being permitted under this
USR application, but also future pipeline projects through this same corridor to minimize the impacts of its
pipelines on landowners. During construction of the pipeline, an extra 25 -foot strip of land along the
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alignment will be disturbed and then reclaimed following installation of the proposed Johnstown to Saint
Vrain Pipeline.
The route bypasses the more populated areas of unincorporated Weld County with a lesser impact to
existing encumbrances and residential areas and was deemed to be the most direct and will be
predominantly placed on properties owned by landowners who have previously granted easements
for pipeline corridors provided for in negotiated agreements that allowed for multi -line routes.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-480 of the Weld County Code as follows:
A. Section 23-2-480.A.1 — All reasonable efforts have been made to avoid irrigated cropland
or to minimize the negative impacts on agricultural uses and lands.
The application indicates that the pipeline will be located to minimize impacts on the
operation of irrigation equipment. All soils removed for installation of the pipeline will be
returned to their original location and will not be moved offsite. Kerr-McGee Gathering
indicates that they will repair and/or replace any facilities damaged or removed during the
placement of the pipeline. The pipeline route minimizes environmental impacts such as
wetland areas, water bodies and agricultural lands. The pipeline route is sited on plowed
fields and irrigated lands and will be bored under the Saint Vrain Creek. If the pipeline
becomes obsolete, a decommissioning plan submitted with the application will be
followed.
B. 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 3 -mile referral area of the Towns of Berthoud,
Firestone, Johnstown, Mead, Milliken, and Platteville. No referral responses were
received. Little Thompson Water District and Front Range Fire Rescue each returned
referral responses with conditions that have been incorporated into Conditions of
Approval or Development Standards. 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 and the Saint Vrain Creek floodplain. In a referral received from the
Weld County Floodplain Planner, dated October 23, 2018, the applicant shall submit a
floodplain permit prior to installing the pipeline and delineate the floodplain and floodway
(if applicable) boundaries on the map. No comments were received from surrounding
property owners.
D. Section 23-2-480.A.4 — The site shall be maintained in such a manner so as to control
soil erosion, dust and the growth of noxious weeds.
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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 23-2-480.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.
The applicant has proposed a number of measures to mitigate impacts from the pipeline
including the boring beneath County roads to avoid damage to the road surface or
disruption to traffic flow; if surface waterbodies will be crossed by the pipeline either by
boring beneath the bed of the waterbody, or by utilizing an open -cut crossing method. If
the open -cut crossing method is used, BMPs will be installed to protect the waterbody
from erosion or sediment runoff; tracking pads will be utilized where heavy equipment is
required to cross roads to prevent damage to the road surface; topsoil will be segregated
from subsoil during grading activities.
All pipelines will be compliant with the Department of Transportation (DOT) requirements.
The pipeline trench will be excavated mechanically; pipe segments will then be strung
along the ditch line and 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 and 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.
The transportation of natural gas via pipeline is generally safer than other potential
modes of transport. There is some small risk of an accident in which the integrity of the
pipeline may be compromised resulting in a release of natural gas or natural gas liquids.
Wet natural gas contains condensed forms of heavier natural gas liquids and produced
water and is considered both flammable and combustible. Dry natural gas is a clean
burning fuel source, also considered both flammable and combustible.
In general, signs of a pipeline leak, include dead or discolored vegetation that is
otherwise green along the pipeline right-of-way, along with pools of liquid or clouds of
vapor or mist not usually present.
Kerr-McGee Gathering will clearly mark the pipeline centerline with markers placed at line
of site intervals and at all road crossings. The markers will clearly identify the pipeline
and will provide a telephone number and address where a company representative can
be reached in an emergency or prior to any excavation in the area. Kerr-McGee
Gathering also participates in the Colorado "One Call" system, which serves as a
clearinghouse for excavation activities that are planned close to pipelines and other
underground utilities.
Each respective pipeline centerline will be clearly identified with markers placed at line -of -
sight intervals and at all road crossings. These markers will clearly identify Kerr-McGee
Gathering as the owner / operator, provide a telephone number and address where a
company representative can be reached in an emergency. In the event of an emergency,
a call to the number on these markers will go to Kerr-McGee Gathering operations and
control center that is staffed 24 hours / day, 7 days / week by trained operators, qualified
in both the day-to-day operation of the respective pipelines and associated facilities, and
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in emergency response procedures. These operators will also have the ability to monitor
the operation of the pipeline system through a Supervisory Control and Data Acquisition
("SCADA") system. Through the SCADA system, operators will be able to see key
parameters associated with the operation of the respective pipelines, including pressure,
temperature, and flow rate. In the event that these parameters, or other critically
identified criteria fall outside of pre -determined normal operating allowances, the SCADA
system will raise warnings of potential operational upsets or pending emergency
conditions, providing the operator with time to make corrections, if possible, to the system
operation in order to clear the warning. In the event that the specified parameters, or
critically identified criteria reach pre -determined set points within the system operation,
the SCADA system will alarm.
Upon notification of an emergency, either through the public emergency call number,
SCADA system, operator inspection and training, or other originating source, Kerr-
McGee Gathering will have the ability to isolate the respective pipelines by closing
remotely operated valves in the natural gas pipeline, isolate any potential fuel source and
mitigate propagation of the emergency situation. Depending upon the nature of the
emergency, local emergency responders would be notified, and Kerr-McGee Gathering
would implement their internal safety response procedures, including dispatching trained
personnel to the site of the emergency.
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 Tetra Tech, Inc. consultants dated September
2018, for the Johnstown to Saint Vrain Pipeline Project route 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.
History Colorado did not return a referral response indicating they had no conflicts 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. Kerr-McGee Gathering 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
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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 Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the map:
A. A Road Maintenance Agreement is required during the construction of the pipeline. Road
maintenance may include dust control, tracking control, damage repair attributable to
construction of the pipeline and located within 1/2 mile of any construction access point for
the project. (Department of Public Works)
B. The applicant shall address the concerns of Little Thompson Water District, as stated in the
referral response dated October 26, 2018. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services. (Department of Planning Services)
C. The applicant shall address the concerns of Front Range Fire Rescue, as stated in the
referral response dated October 11, 2018. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services. (Department of Planning Services)
D. Submit evidence of the Great Western Railroad crossing agreement provide evidence of
reasonable accommodation to meet the needs of the agency. (Department of Planning
Services)
E. Submit evidence of the Highland Ditch Company (Farmers Extension Canal) crossing
agreement or provide evidence of reasonable accommodation to meet the needs of the
agency. (Department of Planning Services)
F. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0107 (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 Road 44 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full
buildout. The applicant shall delineate on the site plan the existing right-of-way. All
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setbacks shall be measured from the edge of right-of-way. This road is maintained
by Weld County. (Department of Public Works)
7. County Road 15 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full
buildout. The applicant shall delineate on the site plan the existing right-of-way. All
setbacks shall be measured from the edge of right-of-way. This road is maintained
by Weld County. (Department of Public Works)
8. County Road 40 Section Line is unmaintained section line right-of-way per the Weld
County GIS right-of-way map. The applicant shall delineate the existing right-of-way
on the site plan. Show and label the section line Right -of -Way as "CR 40 Section
Line Right -Of -Way, not County maintained." All setbacks shall be measured from the
edge of right-of-way. (Department of Public Works)
9. County Road 38 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full
buildout. The applicant shall delineate on the site plan the existing right-of-way. All
setbacks shall be measured from the edge of right-of-way. This road is maintained
by Weld County. (Department of Public Works)
10. County Road 36 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full
buildout. The applicant shall delineate on the site plan the existing right-of-way. All
setbacks shall be measured from the edge of right-of-way. This road is maintained
by Weld County. (Department of Public Works)
11. County Road 17 is a paved road and is designated on the Weld County Functional
Classification Map as a arterial road which requires 140 feet of right-of-way at full
buildout. The applicant shall delineate on the site plan the existing right-of-way. All
setbacks shall be measured from the edge of right-of-way. This road is maintained
by Weld County. (Department of Public Works)
12. County Road 34 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full
buildout. The applicant shall delineate on the site plan the existing right-of-way. All
setbacks shall be measured from the edge of right-of-way. This road is maintained
by Weld County. (Department of Public Works)
13. County Road 19 Section Line is shown to have 30 feet of unmaintained section line
right-of-way per the Weld County GIS right-of-way map. The applicant shall delineate
the existing right-of-way on the site plan. Show and label the section line Right -of -
Way as "CR 19 Section Line Right -Of -Way, not County maintained." All setbacks
shall be measured from the edge of right-of-way. (Department of Public Works)
14. Show and label the approved construction and 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)
15. Show the floodplain and floodway (if applicable) boundaries on the map. Label the
floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or
appropriate study. (Department of Planning Services - Floodplain)
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16. 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 FIPS 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 approved access and tracking control shall be constructed prior to construction of the
pipeline. (Department of Public Works)
B. The applicant shall submit evidence of a right-of-way permit for any work that may be
required in the right-of-way and/or a special transport permit for any oversized or overweight
vehicles that may access the site. (Department of Public Works)
C. If more than one (1) acre is to be disturbed for construction of non -pipeline items, a Weld
County grading permit will be required. (Department of Public Works)
D. A Flood Hazard Development Permit is required to install pipelines in the 100 -year floodplain.
(Department of Planning Services - Floodplain)
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 activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review map is ready to be recorded in the office
of the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. (Department of Planning Services)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Kerr-McGee Gathering, LLC
Johnstown to Saint Vrain Pipeline
USR18-0107
1. A Site Specific Development Plan and Special Review Permit, USR18-0107, for a greater than 12 -
inch (24 -inch) high pressure natural gas pipeline approximately seven and one-half (7.5) miles long in
the A (Agricultural) Zone District, subject to the Development Standards stated hereon. (Department
of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15' 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 shall control noxious weeds on the site. (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. 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,
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filling, grading, paving, excavation, drilling operations, or storage of equipment and materials.
(Department of Planning Services - Floodplain)
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 boundary
has been modified. (Department of Planning Services - Floodplain)
14. 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)
15. 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)
16. During construction, waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions.
The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code.
(Department of Public Health and Environment)
17. 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)
18. 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)
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. (Department of Public Health and Environment)
20. 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)
21. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2012 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 Geotechnical Engineering Report performed by a Colorado
registered engineer shall be required or an Open Hole Inspection. (Department of Building Inspection)
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.
23. 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.
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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 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.
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 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.
27. 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.
USR18-0107
Kerr-McGee Gathering, LLC
Johnstown Compressor Station to Saint Vrain Compressor Station Pipeline Project
Page 12 of 13
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.
USR18-0107
Kerr-McGee Gathering, LLC
Johnstown Compressor Station to Saint Vrain Compressor Station Pipeline Project
Page 13 of 13
December 03, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: asnyder@weldgov.com
PHONE: (970) 400-3525
FAX: (970) 304-6498
KEISER NATHAN
1099 18TH ST, STE 1800
DENVER, CO 80202
Subject: USR18-0107 - 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 7.5
miles in length in the A (Agricultural) Zone District.
On parcel(s) of land described as:
THE PIPELINE WILL CROSS SECTIONS 6, 7, 8, 9,10, AND 15, T3N; SECTIONS 18,19, 30, AND 31,
T4N; ALL IN R67W OF THE 6TH P.M., WELD COUNTY, COLORADO
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on January 15, 2019, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on February 13, 2019
at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
Angela Snyder
Planner
October 10, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: asnyder@weldgov.com
PHONE: (970) 400-3525
FAX: (970) 304-6498
KEISER NATHAN
1099 18TH ST, STE 1800
DENVER, CO 80202
Subject: USR18-0107 - 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 7.5
miles in length in the A (Agricultural) Zone District.
On parcel(s) of land described as:
THE PIPELINE WILL CROSS SECTIONS 6, 7, 8, 9,10, AND 15, T3N; SECTIONS 18,19, 30, AND 31
T4N; ALL IN R67W OF THE 6TH P.M., WELD COUNTY, COLORADO
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Berthoud at Phone Number 970-532-2643
Platteville at Phone Number 970-785-2245
Firestone at Phone Number 303-833-3291
Mead at Phone Number 970-535-4477
Milliken at Phone Number 970-587-4331
Johnstown at Phone Number 970-587-4664
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
r
Angela Snyder
Planner
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