HomeMy WebLinkAbout20190667.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Elijah Hatch, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT:
PLANNER
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
U S R 18-0094
KERR MCGEE GATHERING. LLC
MICHAEL HALL
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR TWO (2) GREATER THAN 12 -INCH HIGH PRESSURE NATURAL
GAS PIPELINES (9.86 MILE 24 -INCH HIGH PRESSURE NATURAL GAS
PIPELINE ORIGINATING AT THE SAINT VRAIN COMPRESSOR STATION AND
TERMINATING AT THE LATHAM CRYOGENIC PROCESSING PLANT AND A
2.36 MILE 16 -INCH HIGH PRESSURE NATURAL GAS PIPELINE ORIGINATING
AT THE HAMBERT COMPRESSOR STATION AND TERMINATING AT THE
LATHAM CRYOGENIC PROCESSING PLANT IN THE A (AGRICULTURAL) ZONE
DISTRICT.
THE PIPELINE WILL CROSS SECTIONS 15. 10. 11, AND 12. T3N, R67W AND
SECTIONS 7. 8, 9, 10, 2. 3. AND 1, T3N, R66WAND SECTION 36. T4N, R66W OF
THE 6TH P.M., WELD COUNTY. COLORADO.
GENERALLY LOCATED NORTH OF CR 34; EAST OF CR 19: SOUTH OF CR 40,
WEST OF CR 37.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-
2-480 of the Weld County Code as follows:
A. Section 23-2-480.A.1 -- All reasonable efforts have been made to avoid irrigated cropland or
to minimize the negative impacts on agricultural uses and lands.
The application indicates that the pipeline will be located to minimize impacts on the
operation of irrigation equipment. In cases where the pipeline crosses through a parcel with
productive cropland, rather than along the perimeter, the pipeline is designed to curve around
center -pivots and agricultural and residential improvements. Topsoil will be removed and
segregated during pipeline installation and will be returned and backfilled into the pipeline
trench at their original location. No soil will be moved off -site and reseeding with native
grasses will take place as necessary to encourage vegetative growth, soil stabilization and to
prevent erosion or will be managed per agreement terms with the landowner. Kerr-McGee
Gathering indicates that they will repair and/or replace any facilities damaged or removed
during the placement of the pipeline. Any impacts to actively cultivated land by the project will
be temporary, and agricultural operations can return once the pipelines are operational. 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 County and State roadways and the South Platte River.
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, Gilcrest, Johnstown,
Mead, Milliken, and Platteville. No referral responses were received back. Additionally, the
pipeline is located within the Mead, Milliken and Platteville Coordinated Planning Agreement
boundaries. During the pre -application process, all three (3) towns with CPAs returned signed
Notice of Inquiry forms that indicated no concerns with the proposal.
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.
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The applicant indicates that 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,
Highway 85 and is located in the South Platte River and Saint Vrain Creek floodplains. The
pipeline will also cross several lines permitted by Use by Special Reviews including USR14-
0042 (pipeline), USR-1188 (pipeline), USR-1148 (pipeline) USR-1647 (pipeline), USR-1236
(transmission line) and USR12-0006 (pipeline) and crossing agreements are required. In a
referral received from the Weld County Floodplain Planner, dated October 1, 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. Additionally, surrounding
properties located 150 feet on each side of the pipeline centerline were noticed of the project.
No responses were received back.
D. Section 28-2-480.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.
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
RESOLUTION USR18-0094
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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 the Kerr-McGee Gathering operations and
control center that is staffed 24 hoursiday, 7 days/week by trained operators, qualified in both
the day-to-day operation of the respective pipelines and associated facilities, and 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 easement corridor negotiated through
agreements with private property owners. A portion of the proposed pipeline corridor is
located within an existing multi -line easement. Additionally, the applicant worked with one of
the property owners during the USR process to relocate the pipeline alignment in order to
avoid center -pivot crop circles and future areas identified for development by the property
owner.
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 Colorado Parks and Wildlife, referral dated October 26, 2018, detailed potential biological
concerns including the impact on Bald Eagles winter areas, Red-tailed Hawk nests, raptor
nests, Eastern Plains native fish and noxious weed management. The referral also included
requirements and recommended strategies to best manage the construction schedule in order
to avoid disturbance of these species and the environment.
A Cultural Resource Inventory prepared by Tetra Tech, Inc. consultants dated August 2018,
for the pipeline 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. The Inventory was conducted within a 300 foot wide corridor
RESOLUTION USR18-0094
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along the 12+ mile length of the pipeline and identified one (1) new and four (4) previously
recorded cultural resources, being segments of historic ditches and railroad mainline. All the
sites should be avoided by any ground disturbing activity at the greatest possible extent.
History Colorado did not return a referral response.
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 October 23, 2018. A drainage plan will 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 Standards can
ensure that there are adequate provisions for the protection of health, safety, and welfare of
the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
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 attempt to address the requirements (concerns) of the Colorado Parks and
Wildlife, 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 attempt to address the requirements of the Colorado Department of Public
Health and Environment, as stated in the referral response dated October 30, 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 Central Weld County Water District crossing agreement for any
subsurface water pipeline or provide evidence of reasonable accommodation to meet the needs
of the agency. (Department of Planning Services)
E. Submit evidence of the Public Service Company of Colorado crossing agreement for any
overhead transmission lines and/or pipelines rights -of -way or provide evidence of reasonable
accommodation to meet the needs of the agency. (Department of Planning Services)
F Submit evidence of the Beeman Ditch crossing agreement or provide evidence of reasonable
accommodation to meet the needs of the agency. (Department of Planning Services)
G. Submit evidence of the Farmers Independent Ditch Company crossing agreement or provide
evidence of reasonable accommodation to meet the needs of the agency. (Department of
RESOLUTION USR18-0094
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Planning Services)
H Submit evidence of the Farmers Reservoir and Irrigation Company (Platte Valley Canal)
crossing agreement or provide evidence of reasonable accommodation to meet the needs of
the agency. (Department of Planning Services)
I. Submit evidence of the Western Mutual Ditch Company (Hewes -Cook Ditch) crossing
agreement or provide evidence of reasonable accommodation to meet the needs of the agency.
(Department of Planning Services)
J Submit evidence of the Union Pacific Railroad crossing agreement provide evidence of
reasonable accommodation to meet the needs of the agency. (Department of Planning
Services)
K. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0094 (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)
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. Show and label all recorded easements and rights -of -way on the map by book and page
number or reception number and date. (Department of Planning Services)
7 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)
8. County Roads 23, 25, 29, 31, 33, 36, and 38 are gravel roads and are designated on the
Weld County Functional Classification Map as local roads which require 60 feet of right-
of-way at full buildout. The applicant shall delineate on the site plan the existing 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)
9. County Road 21 is a section line road. Section line right-of-way does not exist in all
sections in Weld County and should be verified before a decision to utilize it is made.
Weld County commonly refers to these as "Non -Maintained Section Line Right -of -Way."
The existence of a physical road does not imply public right-of-way and the road may be
located on private property. All right-of-way should be verified, and physical roads located
in relationship to the public right-of-way to ensure trespassing does not occur. The
applicant shall verify the existing right-of-way and the documents creating the right-of-
way and this information shall be noted on the site plan or plat. The applicant shall
delineate on the site map or plat the existing right-of-way and physical location of roads
to be used. If the right-of-way cannot be verified it shall be dedicated or an adequate
easement between property owners shall be provided. Pursuant to the definition of
setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required
setback is measured from the future right-of-way line. Be aware that physical roadway
RESOLUTION USR18-0094
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many not be centered in the right-of-way. This road is NOT maintained by Weld County.
(Department of Public Works)
10. County Road 35 is a gravel road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full
buildout. The applicant shall delineate on the site plan the future and existing right-of-
way. All setbacks shall be measured from the edge of future right-of-way. This road is
maintained by Weld County. (Department of Public Works)
11. County Roads 19 1/2 and 34 are paved roads and are designated on the Weld County
Functional Classification Map as collector roads which require 80 feet of right-of-way at
full buildout. The applicant shall delineate on the site plan the future and existing rights -
of -way. All setbacks shall be measured from the edge of future right-of-way. These
roads are maintained by Weld County. (Department of Public Works)
12. Show and label the section line Right -of -Way as "CR 27 Section Line Right -Of -Way, not
County maintained." (Department of Public Works)
13. Show and label the existing and future right-of-way width for Highway 85 with reception
number and recording date and 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)
14. Show and label the approved permanent access locations on the site plan, if applicable.
The applicant must obtain an access permit in the approved locations prior to
construction. (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
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 be added for each
additional three (3) month period. (Department of Planning Services)
4. 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)
RESOLUTION USR18-0094
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5. 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)
6. 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)
Motion seconded by Lonnie Ford.
VOTE:
For Passage
Bruce Sparrow
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
Against Passage Absent
Bruce Johnson
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on February 5, 2019.
Dated the 5th of February, 2019
asAbbart? sfranalifyL
Kristine Ranslem
Secretary
RESOLUTION USR18-0094
KERR MCGEE GATHERING, LLC
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Kerr-McGee Gathering, LLC
Saint Vrain - Latham - Hambert Pipeline
USR18-0094
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0094, for two (2) greater
than 12 -inch high pressure natural gas pipelines (9.86 mile 24 -inch high pressure natural gas pipeline
originating at the Saint Frain Compressor Station 1MUSR17-14-0013 and terminating at the Latham
Cryogenic Processing Plant USR18-0019 and a 2.36 mile 16 -inch high pressure natural gas pipeline
originating at the Hambert Compressor Station AMUSR-355 and terminating at the Latham Cryogenic
Processing Plant USR18-0019, 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 15th of any given year signed by representatives for the Fire District and
the Weld County Office of Emergency Management to the Department of Planning Services. (Department
of Planning Services)
4. The property owner 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. 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. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be the
responsibility of Weld County. (Department of Public Works)
9. Any oil and gas pipeline crossing a Weld County road shall be bored at a minimum depth of ten (10) feet.
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)
10. 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)
11. 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)
12. The historical flow patterns and runoff amounts on site will be maintained. (Department of Public Works)
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,
RESOLUTION USR18-0094
KERR MCGEE GATHERING, LLC
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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 boundary has
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 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 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 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 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 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 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 Environment)
22. 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)
23. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
24. 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.
25. 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.
RESOLUTION USR18-0094
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26. 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.
27. 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.
28. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural
atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to
rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on
rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement,
silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities;
shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the County, property owners and residents must realize they cannot take water from irrigation
ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County, and
the distances which must be traveled may delay all emergency responses, including law enforcement,
ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not
provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in
rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity,
be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
RESOLUTION USR18-0094
KERR MCGEE GATHERING, LLC
PAGE 11
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open
burning present real threats. Controlling children's activities is important, not only for their safety, but also
for the protection of the farmer's livelihood.
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, February 5, 2019
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Michael Wailes. at 10:05 am.
Roll Call.
Present: Bruce Sparrow, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip
Holland, Tom Cope.
Absent/Excused: Bruce Johnson.
Also Present: Kim Ogle, Chris Gathman, Michael Hall, Angela Snyder, Department of Planning Services;
Lauren Light and Ben Frissell, Department of Health; Hayley Balzano and Mike McRoberts, Public Works;
Bruce Barker, County Attorney, and Kris Ranslem, Secretary.
CASE NUMBER: USR18-0094
APPLICANT: KERR MCGEE GATHERING, LLC
PLANNER MICHAEL HALL
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR TWO (2) GREATER THAN 12 -INCH HIGH PRESSURE NATURAL
GAS PIPELINES (9.86 MILE 24 -INCH HIGH PRESSURE NATURAL GAS
PIPELINE ORIGINATING AT THE SAINT VRAIN COMPRESSOR STATION AND
TERMINATING AT THE LATHAM CRYOGENIC PROCESSING PLANT AND A
2.36 MILE 16 -INCH HIGH PRESSURE NATURAL GAS PIPELINE ORIGINATING
AT THE HAMBERT COMPRESSOR STATION AND TERMINATING AT THE
LATHAM CRYOGENIC PROCESSING PLANT IN THE A (AGRICULTURAL)
ZONE DISTRICT.
LEGAL DESCRIPTION: THE PIPELINE WILL CROSS SECTIONS 15, 10, 11, AND 12. T3N, R67W AND
SECTIONS 7, 8, 9, 10, 2, 3, AND 1, T3N. R66W AND SECTION 36, T4N. R66W
OF THE 6TH P.M., WELD COUNTY, COLORADO.
LOCATION: GENERALLY LOCATED NORTH OF CR 34; EAST OF CR 19; SOUTH OF CR
40, WEST OF CR 37.
Michael Hall, Planning Services, presented Case USR18-0094, reading the recommendation and
comments into the record. Mr. Hall noted that there is a revision in the pipeline route between the Latham
and Hambert facilities and is in an internal revision within one parcel along with route. He added that the
revision did not require any additional surrounding property owner or referral agency notice and no
additional parcels or rights -of -way were impacted by this revision. The revision was at the request of the
property owner to go around existing irrigation pivots. The Department of Planning Services recommends
approval of this application with the attached conditions of approval and development standards.
Mike McRoberts, Public Works, reported on the roadways that will be crossed, the access and right-of-way
permits, and added that a Road Maintenance Agreement will be required during construction.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the requirement of an Air Emissions Permit if more than 25 acres are disturbed.
Samantha Petite, 1099 18th Street, Denver, Colorado, stated that the Lancaster processing plant was
historically the main point for processing the natural gas in this area, however as their operations moved
further north they had the need for the Latham processing plant, which was just recently approved. The
purpose of this pipeline is to connect the St. Vrain compressor station and the Hambert compressor station
to the Latham processing plant where product can be piped in and processed and ultimately sold to the
public.
Commissioner Wailes asked how far they are in the process of securing easements. Mr. Hall replied that
they have obtained 100% of their easements.
1
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR18-0094 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Elijah Hatch, Seconded by Lonnie Ford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Sparrow, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland,
Tom Cope.
Meeting adjourned at 1:30 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
2
ATTENDANCE RECORD
NAME - PLEASE PRINT LEGIBLY
ADDRESS
,EMAIL
John Doe
123 Nowhere Street, City, State,
Zip
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