HomeMy WebLinkAbout20190257.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Kim Ogle Hearing Date: December 18, 2018
Case Number: USR18-0093
Applicants: Discovery DJ Services, LLC
Representative: Matthew T. Berghorn, Discovery DJ Services, LLC
7859 Walnut Hill Lane, Dallas, TX 75230
Request:
A Site Specific Development Plan and Special Review Permit for a greater than 12 -
inch, (24 -inch high pressure natural gas) pipeline approximately nine and one -quarter
(9.25) miles long in the A (Agricultural) Zone District
The pipeline will cross Sections 18, 17, 20, 19, 30, 31 Township 2 North Range 63
Legal West; Sections 6, 7, 18, 19, 30 Township 1 North Range 63 West and Section 25
Description: Township 1 North Range 64 West of the 6t" P.M., Weld County, Colorado
Generally located east of County Road 59, south of County Road 22, west of County
Location: Road 65 and north of County Road 4
Size of Parcel: +/- 91 acres construction Parcel No.s Multiple
-F/- 55 acres operating
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:
Colorado Department of Transportation, referral dated September 17, 2018
Weld County Department of Public Health and Environment, referral dated September 27, 2018
History Colorado, Office of Archeology and Historic Preservation, referral dated October 1, 2018
Weld County Planning — Floodplain, referral dated October 1, 2018
State of Colorado, Division of Natural Resources, Parks and Wildlife referral dated October 12, 2018
Weld County Department of Public Works, referral dated October 15, 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
y Weld County Zoning Compliance, referral dated September 17, 2018
y Weld County Sheriff's Office, referral dated October 5, 2018
y Southeast Weld Fire Protection District, referral dated September 18, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
VVVVV v
Low Line Canal
Town of Keenesburg
Adams County Planning
Burlington Northern Railroad
Weld County School District RE -3J
Southeast Weld Conservation District
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Planner:
Case Number:
Applicants:
Representative:
Request:
Legal
Description:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Kim Ogle
USR18-0024
Discovery DJ Services, LLC
Matthew T. Berghorn, Discovery DJ Services, LLC
7859 Walnut Hill Lane, Dallas, TX 75230
Hearing Date: December 18, 2018
A Site Specific Development Plan and Special Review Permit for a greater than 12 -
inch, (24 -inch high pressure natural gas) pipeline approximately nine and one -quarter
(9.25) miles long in the A (Agricultural) Zone District
The pipeline will cross Sections 18, 17, 20, 19, 30, 31 Township 2 North Range 63
West; Sections 6, 7, 18, 19, 30 Township 1 North Range 63 West and Section 25
Township 1 North Range 64 West of the 6th P.M., Weld County, Colorado
Generally located east of County Road 59, south of County Road 22, west of County
Location: Road 65 and north of County Road 4
Size of Parcel: +/- 91 acres construction Parcel No.s Multiple
-F/- 55 acres operating
Case Summary:
Discovery DJ Services, LLC is proposing to construct and operate a natural gas pipeline that will connect
the Fort Lupton Gas Processing Plant (USR17-0059) with the Keenesburg Gas Plant to increase
production efficiency. The development of this 24 -inch pipeline will increase the pipeline transport
capacity of natural gas in Weld County, reduce the burden of the vehicular transport on Weld County
Roads, and support the safer transport of natural gas within the County.
The pipeline would be constructed within an 80 -foot temporary construction easement unless otherwise
noted by the landowner agreements. Once the pipeline has been installed, the temporary easement will
be returned to its pre -construction contours and reclaimed with the permanent easement being 30 -feet in
width and will include aboveground equipment including one receiver at the Fort Lupton Gas Facility and
a gas meter and flow control valve at the Kinder -Morgan interconnect. Total land impacted by the
pipeline during construction will be approximately +/- 91 acres while the permanent (right-of-way) will
cover approximately +/- 55 acres.
THE 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:
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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. Discovery DJ Services indicates that they will
repair and/or replace any facilities damaged or removed during the placement of the pipeline. The
preferred pipeline route minimizes environmental impacts such as wetland areas, water bodies
and agricultural lands. The preferred route is sited on dryland grazing lands
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 Town of Keenesburg and Adams
County. The Town of Keenesburg and Adams County did not return a referral response.
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, whereas any alternative alignments
would require new easements to be negotiated and involve crossings that may result in greater
environmental impacts in certain locations. The preferred pipeline route minimizes environmental
surface impacts. The pipeline will cross under the Public Service of Colorado (USR-1236)
Colorado Department of Transportation State Highway 52, the Burlington Northern railroad tracks
and the Lost Creek Floodplain. The applicant as a condition of approval shall submit a floodplain
permit prior to installing the pipeline and delineate the floodplain and floodway (if applicable)
boundaries on the map.
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.
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.
All pipelines will be compliant with the DOT requirements. Per this standard, pipelines are
required to have a minimum of four feet of cover or greater if required by local or state agencies.
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.
In addition to Discovery's monitoring and valve cutoff systems described in the section below,
Discovery 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
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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 of the pipeline. In addition,
Discovery participates in the "One Call" system. "One call" systems serve as the
clearinghouse for excavation activities that are planned close to pipelines and other
underground utilities.
Discovery 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. Discovery 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. Discovery'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 Discovery'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 Discovery personnel or contractors. These
inspections allow Discovery 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 23-2-480.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.
This route was selected as the preferred project route as it balances environmental sensitivity,
operational efficiency, cost minimization, and adjacent landowner considerations. As such,
Discovery 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.
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.
The pipeline crosses dryland pasture and vacant lands. Colorado Parks and Wildlife (CPAW)
returned a referral dated October 12, 2018 stating that CPAW has performed a biological
assessment of the pathway for the proposed pipeline. Much of the landscape that the pipeline
follows is agriculture in nature including crop fields and grassland pastures. Throughout this
landscape there are mature trees that provide nesting habitat for a variety of raptors (et cetera
hawks, eagle, and owls). The areas of concern in particular include Section 18, T1 N R63W and
Section 19, T2N R63W. If the proposed pipeline installation occurs between February 1 and July
3161, CPAW recommends that raptor nest surveys be performed prior to project initiation and
periodically as the project progresses to completion throughout this time period.
History Colorado, Office of Archeology and Historic Preservation returned a referral response
dated October 1, 2018 indicating a search of the Colorado cultural resource inventory database
indicated previously recorded sites within the proposed project area. History Colorado's
comments are provided in accordance with the Colorado State Register Act (Colorado Revised
Statute (C.R..S) 24-80.1).
Site No. 5W1.1423.33 is supported on the National Register Eligibility for the Burlington Northern
Railroad segment assessment of 2013
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Site No. 5W1.1423.36 is supported on the National Register Eligibility for the Burlington and
Missouri River Railroad segment assessment of 2014
Site No. 5W1.7719 had no assessment on the National Register Eligibility. The Brnak Centennial
Farm was recorded in 2013.
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 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. Discovery
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 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.
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. A copy of the signed and recorded (construction and post -construction) easement agreements (or
other acceptable authorization from property owner) for pipeline right-of-way (easements) shall be
submitted to the Department of Planning Services. (Department of Planning Services)
C. 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. (Department of Planning Services)
D. A copy of the signed Burlington Northern Railroad crossing agreement/ easement or a letter
indicating no agreement is necessary shall be submitted to the Department of Planning Services.
(Department of Planning Services)
E. A copy of the signed Public Service of Colorado crossing agreement/ easement or a letter
indicating no agreement is necessary shall be submitted to the Department of Planning Services.
(Department of Planning Services)
F. A copy of the signed Tri-State Generation and Transmission Company crossing agreement/
easement or a letter indicating no agreement is necessary shall be submitted to the Department
of Planning Services. (Department of Planning Services)
G. The crossing agreement reception number for all irrigation ditches and canals, as applicable or a
letter indicating no agreement is necessary shall be submitted to the Department of Planning
Services. (Department of Planning Services)
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H. 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)
I. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0093. (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, and any significant man-made features
within one-half (0.5) mile on each side of the approved route. (Department of Planning
Services)
5. County Roads 6, 8, 10, 14, 18, and 63 are gravel roads and are designated on the Weld
County Functional Classification Map (Code Ordinance 2017-01) as local roads, which
requires 60 feet of right-of-way at full buildout. The applicant shall delineate on the site plan
the existing rights -of -way. All setbacks shall be measured from the edge of right-of-way.
These roads are maintained by Weld County. (Department of Public Works)
6. County Road 16 1/2 is a paved road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as a(n) collector road, which requires 80 feet
of right-of-way 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)
7. County Roads 16 and 61 are section line roads. Section Line is shown to have 60 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. All setbacks shall be
measured from the edge of right-of-way. (Department of Public Works)
8. Show and label the approved access locations on the site plan (if applicable). The applicant
must obtain an access permit in the approved location(s) prior to construction. (Department of
Public Works)
9. Show the approved Colorado Department of Transportation (CDOT) access(es) on the site
plan and label with the approved access permit number if applicable. (Department of Public
Works)
10. Show the approved Municipality of Keenesburg access(es) on the site plan and label with the
approved access permit number if applicable. (Department of Public Works)
11. Show and label the section line Rights -of -Way as "CR 16 Section Line Right -Of -Way, not
County maintained." and "CR 61 Section Line Right -Of -Way, not County maintained."
(Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services.
Upon approval of the map the applicant shall submit a Mylar map along with all other documentation
required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be prepared in
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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
Discovery DJ Services, LLC
USR18-0093
1. A Site Specific Development Plan and Special Review Permit, USR18-0093, for a greater than 12 -
inch, (24 -inch high pressure natural gas) pipeline approximately nine and one -quarter (9.25) 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 access(es) on the site shall be maintained to mitigate any impacts to the
public road including damages and/or off -site tracking. (Department of Public Works)
6. During construction, there shall be no parking or staging of vehicles on public roads. On -site parking
will be utilized. (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 county road shall be bored a minimum of twenty (20) feet below
arterial roads, fifteen (15) feet below collector and paved local roads, and ten (10) feet below gravel
local roads. This depth shall be measured below the lowest roadside ditch flowline elevation, for the
full width of the future right of way. (Department of Public Works)
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. 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)
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13. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map. Any development shall comply with all applicable Weld County requirements,
Colorado Water Conservation Board requirements as described in Rules and Regulations for
Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR
parts 59, 60, and 65. The FEMA definition of development is any man-made change to improved or
unimproved real estate, including but not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation, drilling operations, or storage of equipment and materials.
(Department of Planning Services — Floodplain)
14. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain
boundaries have been modified. (Department of Planning Services — Floodplain)
15. 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 the
Environment)
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, 30-20-100.5, C.R.S. (Department of Public Health and the
Environment)
17. 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 the Environment)
18. 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
the Environment)
19. 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 the Environment)
20. 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 the Environment)
21. 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 the Environment)
20. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
21. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations.
22. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans
or Development Standards, as shown or stated, shall require the approval of an amendment of the
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Permit by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
23. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners.
24. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy; (b) the populous counties of the
state face a critical shortage of such deposits; and (c) such deposits should be extracted according to
a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these
areas must recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these resources
are protected property rights and mineral owners should be afforded the opportunity to extract the
mineral resource.
25. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in
total market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town. Along with the drawbacks come the incentives
which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city
noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those
features which attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and county roads outside of municipalities. The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than on
patrols of the County, and the distances which must be traveled may delay all emergency responses,
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including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who
must leave their jobs and families to respond to emergencies. County gravel roads, no matter how
often they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
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November 13, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
BERGHORN MATTHEW
7859 WALNUT HILL LANE STE 335
DALLAS, TX 75230
Subject: USR18-0093 - A Site Specific Development Plan and Special Review Permit for a greater than
12 -inch pipeline, (24 -inch high pressure natural gas pipeline) approximately 9.25 miles in length in the A
(Agricultural) Zone District
On parcel(s) of land described as:
The Pipeline crosses Sections 18, 17, 20, 19, 30, 31, T2N, R63W; Sections 6, 7, 18, 19, 30, T1 N,
R63W; and Section 25, T1 N, R64W; all of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on December 18, 2018, at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on January 23,
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,
Kim O
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
September 17, 2018
BERGHORN MATTHEW
7859 WALNUT HILL LANE STE 335
DALLAS, TX 75230
Subject: USR18-0093 - A Site Specific Development Plan and Special Review Permit for a greater than
12 -inch, (24 -inch high pressure natural gas) pipeline approximately nine and one -quarter (9.25) miles
long in the A (Agricultural) Zone District
On parcel(s) of land described as:
The Pipeline crosses Sections 18, 17, 20, 19,30, 31, T2N, R63W; Sections 6, 7, 18, 19, 30, -11 N, R63W;
and Section 25, T1 N, R64W; All 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:
Keenesburg at Phone Number 303-732-4281
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,
Kim Ogl
Planner
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