HomeMy WebLinkAbout20192079.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR19-0008, FORA GREATER THAN 12 -INCH HIGH PRESSURE NATURAL
GAS PIPELINE (24 -INCH NATURAL GAS PIPELINE) APPROXIMATELY 13.65 MILES
IN LENGTH IN THE A (AGRICULTURAL) ZONE DISTRICT - ROCKY MOUNTAIN
MIDSTREAM, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 12th day of
June, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Rocky Mountain Midstream, LLC, 540 E. Bridge St., Suite A, Brighton,
Colorado 80601, for a Site Specific Development Plan and Use by Special Review Permit,
USR19-0008, for a greater than 12 -inch High Pressure Natural Gas Pipeline (24 -inch natural gas
pipeline) approximately 13.65 miles in length in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
The pipeline crosses Sections 1 and 12, Township 3
North, Sections 1, 2, 11, 12, 14, 23, 25, 26 and 36,
Township 4 North, and Sections 26, 27, and 35,
Township 5 North, all in Range 65 West of the 6th
P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-490 of the Weld County Code as follows:
A. Section 23-2-490.A states: "All reasonable efforts have been made to avoid
irrigated cropland or to minimize the negative impacts on agricultural uses
and lands." The proposed pipeline route is primarily located in
unincorporated Weld County in the A (Agricultural Zone District). The
surrounding land usage for the proposed route in question primarily
consists of plowed fields, pivot irrigation systems, and country homes. The
pipeline will be buried beneath the ground's surface and, therefore, the
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effect on any active agriculture will be temporary and isolated to the
construction phase of the project.
B. Section 23-2-490.B states: "The pipeline will not have an undue adverse
effect on existing and future development of the surrounding area, as set
forth in applicable Master Plans."The pipeline is located within the three (3)
mile referral area of the Town of Kersey. No referral responses were
received. Central Weld County Water District did not have any conditions
or concerns with the project.
C. Section 23-2-490.C states: "The design of the proposed pipeline mitigates
negative impacts on the surrounding area to the greatest extent feasible."
The applicant indicates that many private easements (rights -of -way without
fee ownership) have been negotiated for the pipeline with private land
owners. The pipeline route minimizes environmental surface impacts. The
pipeline will cross under the County maintained roads. No comments were
received from surrounding property owners.
D. Section 23-2-490.D states: "The site shall be maintained in such a manner
so as to control soil erosion, dust and the growth of noxious weeds." The
Conditions of Approval and Development Standards will ensure that there
is no fugitive dust or erosion and will ensure the control of noxious weeds.
Best Management Practices (BMPs) will be required for all construction
areas, including erosion control methods and dust suppression.
E. Section 23-2-490.E states: "The applicant has agreed to implement any
reasonable measures deemed necessary by the Board of County
Commissioners to ensure that the health, safety and welfare of the
inhabitants of the County will be protected, and to mitigate or minimize any
potential adverse impacts from the proposed pipeline." According to the
application, the pipeline will be covered under an Emergency Response
Plan. Control and shut off valves will be strategically placed along the
pipeline route and are required to be inspected twice a year on our mainline
system. Overpressure protection devices will be installed and inspected
annually, or as required by code. Additionally, a hydrostatic test will be
performed prior to start up. The pipeline will be protected with a leak
detection system and monitored by a 24 -hour control room through a
SCADA system. The pipeline will be identified through pipeline markers.
The pipeline will be cathodically protected to mitigate corrosion, as well as
above ground portions will be inspected through an atmospheric inspection
program. Rocky Mountain Midstream coordinates with local officials and
maintains an Emergency Response Plan, which addresses responses to
leaks or spills. This response plan contains detailed information on the
steps needed to address any emergency event reasonably anticipated to
be encountered during pipeline operations. The response plan contains
contact information, detailed step by step spill/leak response information,
emergency phone numbers for local responders and spill/leak contractors.
The response plan is reviewed on a regular basis.
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F. Section 23-2-490.F states: "All reasonable alternatives to the proposal
have been adequately assessed, and the proposed action is consistent
with the best interests of the people of the County and represents a
balanced use of resources in the affected area."The applicant will utilize a
pipeline right-of-way corridor negotiated through agreements with private
property owners.
G. Section 23-2-490.G states: "The nature and location or expansion of the
pipeline will not unreasonably interfere with any significant wildlife habitat
and will not unreasonably affect any endangered wildlife species, unique
natural resource, known historic landmark or archaeological site within the
affected area." A Cultural Resource Inventory prepared by SWCA
Environmental Consultants, Inc. consultants dated December 2018, for a
specific site assessment of the biological, aquatic and cultural resources
adjacent to the proposed pipeline route. The purpose of this review was to
identify any significant natural or cultural resource constraints, or risks
associated with the development of the pipelines. While historic sites in the
area were noted, the pipeline will have no indirect adverse effects. History
Colorado did not return a referral response, indicating they had no
concerns with the project.
H. Section 23-2-490.H states: "No adverse impact, from storm water runoff, to
the public rights -of -way and/or surrounding properties as a result of the
pipeline." The applicant will be required to maintain historic flow patterns
and runoff amounts, per the Department of Public Works referral, dated
November 14, 2018. A drainage plan will be not be required for this project.
Section 1.A.5, of the drainage criteria, provides an exception for pipelines
and transmission lines. The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Rocky Mountain Midstream, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR19-0008, for a greater than 12 -inch
High Pressure Natural Gas Pipeline (24 -inch natural gas pipeline) approximately 13.65 miles in
length in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby
is, granted subject to the following conditions:
1. Prior to recording the map:
A. A Road Maintenance Agreement is required during the construction of the
pipeline. Road maintenance may include dust control, tracking control,
damage repair attributable to construction of the pipeline and located within
0.5 miles of any construction access point for the project.
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B. The applicant shall submit evidence of the Farmers Reservoir and Irrigation
Company crossing agreement or provide evidence of reasonable
accommodation to meet the needs of the agency.
C. The applicant shall submit evidence of the Lower Latham Reservoir
Company crossing agreements or provide evidence of reasonable
accommodation to meet the needs of the agency.
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0008.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-520 of
the Weld County Code.
4) The final location of the permanent gas pipeline easement with
dimension of permanent easement, property ownership, parcel
number, all easements of record, and all physical encumbrances.
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.
6) County Roads 52, 47, 48, 46, 42, 40 (east of County Road 47), and
38 (west of County Road 49) are gravel roads, designated on the
Weld County Functional Classification Map as local roads, which
require 60 feet of right-of-way at full buildout. The applicant shall
delineate and label the existing rights -of -way (along with the
documents creating the existing rights -of -way) and the physical
location of the road on the site map or plat. These roads are
maintained by Weld County.
7) County Road 44 is a paved road and is designated on the Weld
County Functional Classification Map as an arterial road, which
requires 140 feet of right-of-way at full buildout. The applicant shall
delineate and label the existing right-of-way (along with the
documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. This road is maintained
by Weld County.
8) County Road 40 (east of CR 47) is a section line road and County
Road 36 west of County Road 49 is a section line right of way. The
applicant shall verify the existing right-of-way and the documents
creating the right-of-way and this information shall be noted on the
site plan or plat. The applicant shall delineate on the site map or
plat the existing right-of-way and physical location of existing or
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proposed roads. 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. The applicant
shall show and label the section line Right -of -Way as "CR 40
Section Line Right -Of -Way, not County maintained" or "CR 36
Section Line Right -Of -Way, not County Maintained."
9) The applicant shall show and label the approved permanent access
locations on the site plan (if applicable). The applicant must obtain
an Access Permit in the approved location(s) prior to construction.
10) The applicant shall show and label all recorded easements on the
map by book and page number or reception number and date.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) paper copy, or 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 23-22-60.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.
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.
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.
5. Prior to Construction:
A. The applicant shall submit an electronic copy of all recorded crossing
agreements to the Department of Planning Services.
B. The approved access and tracking control shall be constructed prior to
construction of the pipeline.
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C. The applicant shall submit evidence of a right-of-way permit for any work
that may be required in the right-of-way and/or a special transport permit
for any oversized or overweight vehicles that may access the site.
D. If more than one (1) acre is to be disturbed for construction of non -pipeline
items, a Weld County Grading Permit will be required.
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. The applicant shall
submit evidence of acceptance to the Department of Planning Services.
7. The Use by Special Review Permit is not perfected until the Conditions of Approval
are completed and the map is recorded. Activity shall not occur, nor shall any
building or electrical permits be issued on the property, until the Use by Special
Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder or the applicant has been approved for an early release agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of June, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditittA) G :ek.
Weld County Clerk to the Board
BY:
Cuty lark to a Board
APPROVED AS TO FORM:
55+- County Attorney
Date of signature: 62
arbara Kirkmeyer,/Chair
Mike Freeman, Pro -Tern
Sean P. Conway
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ROCKY MOUNTAIN MIDSTREAM, LLC
USR19-0008
1. The Site Specific Development Plan and Use by Special Review Permit, USR19-0008, is
for a greater than 12 -inch high pressure natural gas pipeline (24 -inch natural gas pipeline)
approximately 13.65 miles in length in the A (Agricultural) Zone District, subject to the
Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The property owner or operator shall provide written evidence of an approved Emergency
Action and Safety Plan on or before March 15th of any given year signed by
representatives for the Fire District and the Weld County Office of Emergency
Management to the Department of Planning Services.
4. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Article I and II, of the Weld County Code.
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.
6. During construction, there shall be no parking or staging of vehicles on public roads.
7. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall acquire an approved Right -of -Way Use Permit prior to commencement.
8. Any oil and gas pipeline crossing a maintained or unmaintained County road right-of-way
shall be bored a minimum depth of ten (10) feet, subject to approval or modification by the
Department of Public Works based on engineering and safety standards and existing
utilities in the right-of-way. 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.
9. With exception of perpendicular crossings, oil and gas pipelines are not to be located
within Weld County Right -of -Way or future Right -of -Way.
10. Any damage occurring to the County right-of-way or County maintained roadway, caused
by the pipeline, will be the responsibility of the operator.
11. The historical flow patterns and runoff amounts on the site will be maintained.
12. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal
Sites and Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final
disposal in a manner that protects against surface and groundwater contamination.
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13. During construction, no permanent disposal of wastes shall be permitted at this site. This
is not meant to include those wastes specifically excluded from the definition of a solid
waste in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
14. During construction, waste materials shall be handled, stored, and disposed of in a
manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other
potential nuisance conditions. The facility shall operate in accordance with Chapter 14,
Article I, of the Weld County Code.
15. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construction of the pipeline and until ground cover is established. Uses on the property
shall comply with the Colorado Air Quality Commission's Air Quality Regulations.
16. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit Application and obtain a permit from the Air Pollution Control Division of the
Colorado Department of Public Health and Environment, as applicable.
17. During construction, adequate toilet facilities and handwashing units shall be provided.
Portable toilets are acceptable. Portable toilets shall be serviced by a cleaner licensed in
Weld County, shall contain hand sanitizers and shall be screened from residences within
one-half mile of the pipeline easement and high -volume roads in consultation with the
Department of Public Works.
18. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
19. Building permits may be required, for any new construction or set up manufactured
structure, per Section 29-3-10 of the Weld County Code. A building permit application
must be completed and submitted. Buildings and structures shall conform to the
requirements of the various codes adopted at the time of permit application. Currently the
following has been adopted by Weld County: 2018 International Building Codes; 2018
International Residential Code; 2006 International Energy Code; 2017 National Electrical
Code; and Chapter 29 of the Weld County Code. A plan review shall be approved, and a
permit must be issued prior to the start of construction.
20. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
21. During construction, necessary personnel from the Weld County Departments of Planning
Services, Public Works, and Public Health and Environment shall be granted access onto
the property at any reasonable time in order to ensure the activities carried out on the
property comply with the Conditions of Approval and Development Standards stated
herein and all applicable Weld County regulations.
22. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards, as shown or stated, shall require the
approval of an amendment of the Permit by the Weld County Board of County
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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 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 persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
25. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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