HomeMy WebLinkAbout20190062BEFORE THE WELD COUNTY. COLORADO. PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Tom Cope, 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
USR 18-0077
CHEYENNE CONNECTOR LLC
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A
GREATER THAN 12 -INCH HIGH PRESSURE NATURAL GAS PIPELINE (36 -INCH
NATURAL GAS PIPELINE) APPROXIMATELY 70 MILES IN LENGTH IN THE A
(AGRICULTURAL) ZONE DISTRICT
COMMENCES IN SECTION 14 AND CROSSES SECTIONS 14, 11, 2, T2N, R66W.
SECTIONS 35. 26 23 14 13, 12. 1. 2 T3N, R66W SECTION 6 T3N R65W
SECTIONS 31, 32 33 36. T4N, R65W. SECTIONS 31. 30, 19. 18. 7 6. 5. T4N.
R64W SECTIONS 32. 29. 20, 17. 8. 5. T5N. R64W SECTIONS 32. 29. 30, T6N
R64W SECTIONS 25. 24 13 12 1 T6N. R65W SECTIONS 36. 25 24 23. 14,
15. 10, 9, 4, 5, T7N. R65W, SECTIONS 32, 31. 30. 19, 24, T8N, R65W. SECTIONS
13. 12 11.2 T8N. R66W SECTIONS 35. 34. 27. 22 21. 19. 17.8 5. T9N. R66W
SECTIONS 32, 29. 20. 17. 8. 5. T10N, R66W SECTIONS 32, 29, 20. 17. 8. AND
TERMINATING IN SECTION 5. T11 N, R66W OF THE 6TH P M._ WELD COUNTY
COLORADO
EAST OF CR 25. SOUTH OF CR 132. WEST OF CR 51 AND NORTH OF CR 20
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. The effect on land that is disturbed during construction will be temporary in
nature since the permanent construction area will be returned to its pre -construction state. In
areas where active cultivation could not be avoided. impacts will be minimized.
During construction. Cheyenne will double -ditch the pipeline trench. segregating the topsoil from
the subsoil and returning each to its proper place within the trench, thus priming the soil for
agricultural regrowth The pipe will be laid in the trench in such a manner as to leave the top of
the pipe at least thirty-six (36) inches below the surface of the ground after restoration to
accommodate the machinery used during crop seasons Cheyenne will begin reclamation of the
affected lands as soon as practical after construction has finished on each parcel of land and will
pursue re -grading and reseeding of the grounds until the property has been re-established to a
condition comparable to its state prior to entry by Cheyenne.
Per the application narrative. the preferred pipeline route minimizes environmental impacts such as
wetland areas, water bodies and agricultural 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 City of Greeley. City of Evans and City of
Fort Lupton. Towns of Ault. Eaton, Gilcrest. Kersey. Nunn, Pierce and Platteville_ The City of Greeley
returned a referral dated September 19, 2018 indicting no concerns All other municipalities did not
return a referral response
C Section 23-2-480 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 proposed pipeline alignment locations are in agricultural, rangeland. and industrial/developed
areas
The applicant indicates private easements have been negotiated for the pipeline with private land
owners and are of record. The preferred pipeline route attempts to minimize environmental surface
impacts. The pipeline will cross under multiple irrigations ditches and canals. three electrical
easements and electrical transmission line corridors, roadway, highway and railroad rights -of -way,
and approximately 100 waterbodies, including creeks and rivers and their associated floodplains. The
pipeline will also parallel and. or, cross multiple subsurface pipelines. communication cables. and
utility corridors.
D Section 23-2-480.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
meet the minimum standard for cover as established at time of right-of-way permit. by local or state
agencies The pipeline trench will be excavated mechanically: pipe segments will then be strung
along the ditch line 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 Cheyenne's monitoring and valve cutoff systems described in the section below,
Cheyenne will clearly mark the pipeline centerline with markers placed at line of site intervals.
and at road crossings. The markers will clearly indicate the presence of a gas pipeline and will
provide a telephone number and address where a company representative can be reached in an
emergency or prior to any excavation of the pipeline Pipeline pressures are remotely monitored
from Cheyenne offices in Lakewood. CO twenty-four hours a day. 7 days a week. 365 days a
year. In the event of an abnormal pressure change. equipment will automatically shut down and
valves will close to minimize any potential spill volumes Operations personnel are on call and
prepared to respond in the event of an emergency
Cheyenne maintains a monitoring system that includes a gas control center that tracks pressures.
flows, and deliveries on its entire system. The gas control center is staffed 24 hours a day, 7 days a
week. 365 days a year. Cheyenne also has area offices near the pipeline route with personnel who
can provide the appropriate response to emergency situations and direct safety operations as
necessary Cheyenne's pipeline systems are equipped with remotely controlled valves that can be
operated from the gas control center In the event of an emergency. the valves allow for a section of the
pipeline to be isolated from the rest of the system. Data acquisition systems are also present at all of
Cheyenne's meter stations. If system pressures fall outside of a predetermined range. an alarm is
activated. and notice is transmitted to the gas control center.
Routine ground inspections are conducted by Cheyenne personnel or contractors_ These inspections
allow Cheyenne to identify soil erosion that may expose the pipeline. dead vegetation that may
indicate a leak in the line: unauthorized encroachment on the ROW by a third party; or other conditions
that may lead to a safety hazard and/or require preventative maintenance or repairs
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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.
There are no major route alternatives for this Project that are viable as much of the pipeline
routing was driven by the four receipt points and final delivery point. In considering the routing to
meet this objective. Cheyenne purposely co -located with existing pipelines to the extent possible
and routed in areas of existing development where practicable_ The proposed pipeline would
parallel multiple existing pipelines in the proposed corridor Approximately 46 percent (46%) of
the 70 -mile pipeline is collocated with other existing pipelines. Further, approximately 70 percent
of the Project (including both the pipeline and the aboveground facilities) are located adjacent to
other existing infrastructure (including pipelines. oil and gas development including natural gas
plants. production facilities and hundreds of well pads. power transmission lines and facilities. a
network of state. county. and local roads. commercial development. rail storage yards. etc.)
Only approximately 27 percent (27%) of the proposed Project would be located on greenfield
undeveloped areas (agricultural. rural residential, and undeveloped). Additionally. during the routing
and planning phase of the Cheyenne. Cheyenne consulted with various operators in the area and
based on their feedback. designed a route to avoid conflicts related to potentially six future pipelines
in the Project area. Cheyenne also routed the proposed pipeline to avoid at least seven future
natural gas production facilities and numerous permitted well pad locations
Three route variations were considered and evaluated for the proposed 70 -mile Cheyenne
pipeline routing. In addition, minor route shifts along the entire proposed alignment were
considered due to collocation with other pipelines and wells. Pipeline alignment also shifted
slightly in areas due to crossing of County Roads and required crossing angles (i.e bore at 90
degrees)
This route was selected as the preferred project route as it balances environmental sensitivity.
operational efficiency. cost minimization. and adjacent landowner considerations_ As such.
Cheyenne Connector LLC has proposed this alignment as the preferred route as it helps meet the
operational needs of the project while minimizing impacts to the surrounding community and
environment.
The preferred route was selected as it is the best option when considering proximity to an
existing utility and infrastructure corridor. shortest distance, minimal disturbance to existing land
uses. and landowner preferences. As such. Cheyenne Connector LLC has proposed this alignment
as the preferred route as it helps meet the operational needs of the project while minimizing impacts
to the surrounding community and environment.
Additionally. Cheyenne is in the process of acquiring right-of-way agreements for the entire length of
the route Currently. the number of easements obtained from property owners crossed by this
proposed alignment is less than half. Alternate routes would require new agreementsgreater
distance. and, likely, greater impacts to agriculture and the 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.
As part of the siting and routing process for the Project. SWCA conducted wetland and water
body delineations to identify aquatic resources that are potentially jurisdictional under the Clean
Water Act (CWA) of 1972 These surveys were conducted from October 2017 through early
February 2018 for all areas within a 250 -foot -wide corridor (50 -foot permanent easement with an
additional 40 feet on the spoils side and 160 -feet on the working side) for the proposed pipeline,
and a 100 -foot -wide corridor for the proposed access roads (survey area).
SWCA identified 1 1 1 waterbodies within the survey area: of which. 71 waterbodies would be
crossed by the Project. Cheyenne would use HDD methods to cross 22 waterbodies. including
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the South Platte River to limit the potential for in -stream impacts. A total of 15 HDD crossings
would be used to avoid these 22 waterbodies. Of the remaining proposed waterbody crossings,
23 would be crossed by conventional boring and 26 would be open cut.
Cheyenne would use HDD or bore crossing methods under the flowing waterbodies such as
ditches and canals, taking special care to minimize the effects of construction on those
waterbodies. Cheyenne would implement the FERC's Procedures with deviation for a limited
number of temporary workspaces in or within 50 feet of wetlands. Cheyenne would open cut
intermittent and ephemeral streams. Project construction in waterbodies crossed by the Project
would comply with the conditions of U.S. Army Corps of Engineers (USACE) Section 404
nationwide permit (NWP) 12 and the associated Regional Conditions for Colorado (USACE
2017).
Colorado Parks and Wildlife (CPW) in their referral dated October 2, 2018 states ". . . CPW
understands that this Project is proposed to begin construction in April 2019 and last up to 6 months
through October 2019 and have approximately 594.7 acres of temporary impacts to mostly
grasslands, prairies or agricultural lands. Furthermore, CPW appreciates that streams and flowing
waterbody crossings be protected by construction crews that will use horizontal directional drilling or
boring, and that the majority of the pipeline will be co -located to existing pipelines or near existing
infrastructure.
The pipeline crosses grasslands, prairies, irrigated and non -irrigated agricultural fields. Colorado
Parks and Wildlife returned a referral dated October 2, 2018 stating upon review of the proposed
referral request and an internal review of this parcel, CPW has the following eight (8) potential
biological concerns regarding this project.
Avoiding impacting and disturbing the following active Bald Eagle nests and %-mile buffer from
October 15 (or observed start of nest building activities) through July 31 (or the date of the first flight of
the last eaglet). This recommendation is important to implement given the expected new construction
traffic (up to 300 trips per day) that could occur along this corridor and should be avoided or
minimized to the maximum extent practicable near these nests.
T9N. R66W, Section 8 (NENE %).
T7N, R65W, Section 14 (NESW'/4).
T5N, R64W, Section 5 (SWSW 1/4).
T5N, R64W, Section 29 (SENW' )
This corridor has the following areas mapped as Bald Eagle winter concentration areas or winter roost
sites. Therefore, if initial site disturbances are going to occur between November 15 and March 15,
then CPW recommends that the developer perform bald eagle occupation surveys within 0.25 -mile of
this corridor with areas of potential habitat (e.g.. mature trees and/or riparian areas).
T9N, R66W, Section 8 (E2NE & NESE %).
T7N, R65W, Section 24 (S 1/2) and 25 (N '/4).
T5N, R64, Sections 5 and 8 (along the South Platte River).
An active Swainson's Hawk nest is located less than '/4 -mile of this proposed corridor. CPW s
recommended buffer and seasonal restrictions include no surface occupancy within'/4-mile of active
nests, and seasonal restriction to human encroachment within 1/4 -mile radius of active nests during
their nesting season (April 1 through July 15) at the following locations.
T9N, R66W, Section 5 (SENE'/4).
T9N, R66W, Section 8 (SESE'/4).
Avoid impacting potential Burrowing Owl nesting habitats (e.g., small mammal burrows) during their
nesting season (March 15 through October 31) for the following areas along this corridor. If potential
habitat is present and if initial site disturbance will occur during their nesting season, then CPW
recommends that the developer contact us for survey protocol.
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T11N, R66W, Sections 5, 8, 17, 20, 29, and 32.
T11N, R66W, Sections 5, 8, 17, 20, 29, and 32.
T9N, R66W, Sections 5. 8, 16-17, 21-22, 27, and 34.
T8N, R65W, Sections 19 and 30.
T8N, R66W, Sections 2, 11, 12. 13, and 24.
T3N, R66W, Sections 12 (S 1/2), 13-14, 23, 26, and 35.
T2N, R66W, Sections 2, 11, and 14.
Avoid impacting any potential active raptor nests (e.g., trees, ground, man-made structures) during
the nesting season (generally February 1 through August 15). Please send any active nest locations
to CPW within a month of observation.
Avoid impacting potential swift fox denning habitats (i.e., -8-inch burrows) during their denning season
(April 1 through June 30) for the following areas along this corridor. If larger dens are present and
initial site disturbance will occur during the swift fox's denning season (April 1 through June 30), then
CPW recommends that the developer contact us for survey protocol.
T11N, R66W, Sections 5, 8, 17, 20, 29, and 32.
T10N, R66W, Sections 5, 8, 17, 20, 29, and 32.
T9N, R66W, Sections 5. 8, 16-17, 21-22, 27, and 34.
T8N, R66W, Sections 2, 11, 12, 13, and 24.
T7N, R65W, Sections 14 and 24.
Avoid impacting potential Mountain Plover nesting habitats (i.e., heavy grazed grasslands) during their
nesting season (March 15 through July 31) for the following areas along this corridor. If potential habitat
is present and if initial site disturbance will occur during their nesting season, then CPW recommends
that the developer (or the developer's biologist) conduct nest surveys. If an active nest is observed,
then CPW recommends no surface occupancy within a 300 -ft buffer of the active nest until the young
are no longer dependent on the nest.
T1 ON, R66W, Sections 20, 29, and 32.
T9N, R66W, Sections 5, 8, 16-17, 21-22, 27, and 34.
Avoid sediments or chemicals from entering the South Platte River or its crossed tributaries, as there
are some sensitive species of Eastern Plains native fish that use this river or tributaries along the
corridor at these locations:
T11N, R66W, Section 32 (along Little Owl Creek).
T9N, R66W, Sections 5 and 8 (along Lone Tree Creek).
T7N, R65W, Sections 4 (along Lone Tree Creek) and 14 (along Owl Creek).
T6N, R64W, Section 30 (along Lone Tree Creek).
T6N, R65W, Section 13 (along Lone Tree Creek).
T5N, R64W, Section 5 (along the South Platte River).
T4N, R65W, section line of Sections 34 and 35. (along unnamed ditch).
Furthermore, CPW requests that construction and boring activities located near the South Platte
River (and other drainages) occur and are completed before December 31st to protect the nesting
season of the previously mentioned active bald eagle nests and other potentially nesting raptors.
History Colorado did not return a referral response indicating a conflict with their interests.
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. Cheyenne
acknowledges in their application that the historical flow patterns and runoff amounts will be
maintained on the site or in such a manner that it will reasonably preserve the natural character of the
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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.
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)
The applicant shall submit written evidence that the Federal Energy Regulatory Commission
(FERC) has issued a Certificate authorizing construction of the project. (Department of Planning
Services)
The applicant shall submit a recorded easement for the interconnection points and the Cheyenne
Connector pipeline and place the easement reception number and date of recording on the USR
Map (Department of Planning Services)
A copy of the signed and recorded (construction and post -construction) lease 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)
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)
A copy of the signed Union Pacific railway crossing agreement/ easement or a letter indicating no
agreement is necessary shall be submitted to the Department of Planning Services. (Department of
Planning Services)
A copy of the signed Whitney Ditch pipeline crossing agreement/ easement or a letter indicating no
agreement is necessary shall be submitted to the Department of Planning Services. (Department of
Planning Services)
A copy of the signed Greeley No. 2 Ditch pipeline crossing agreement/ easement or a letter
indicating no agreement is necessary shall be submitted to the Department of Planning Services
(Department of Planning Services)
A copy of the signed Eaton Ditch pipeline crossing agreement/ easement or a letter indicating no
agreement is necessary shall be submitted to the Department of Planning Services. (Department of
Planning Services)
A copy of the signed Collins Lateral pipeline crossing agreement/ easement or a letter indicating no
agreement is necessary shall be submitted to the Department of Planning Services (Department of
Planning Services)
A copy of the signed Pierce Lateral pipeline crossing agreement/ easement or a letter indicating no
agreement is necessary shall be submitted to the Department of Planning Services (Department of
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Planning Services)
L. A copy of the signed Public Service of Colorado pipeline crossing agreement/ easement or a letter
indicating no agreement is necessary shall be submitted to the Department of Planning Services
(Department of Planning Services)
A copy of the signed Western Area Power Administration crossing agreement/ easement or a letter
indicating no agreement is necessary shall be submitted to the Department of Planning Services
(Department of Planning Services)
A copy of the signed Tri-State Generation and Transmission. Inc. pipeline crossing agreement/
easement or a letter indicating no agreement is necessary shall be submitted to the Department of
Planning Services (Department of Planning Services)
A copy of the signed New Cache Irrigating Company pipeline crossing agreement/ easement or a
letter indicating no agreement is necessary shall be submitted to the Department of Planning
Services (Department of Planning Services)
A copy of the signed Anadarko Petroleum Corporation pipeline crossing agreement/ easement or a
letter indicating no agreement is necessary shall be submitted to the Department of Planning
Services (Department of Planning Services)
A copy of the signed DCP Operating Company, LP pipeline crossing agreement/ easement or a
letter indicating no agreement is necessary shall be submitted to the Department of Planning
Services. (Department of Planning Services)
A copy of the signed Kerr-McGee Gathering LLC pipeline crossing agreement/ easement or a letter
indicating no agreement is necessary shall be submitted to the Department of Planning Services.
(Department of Planning Services)
A copy of the signed Noble Energy. Inc. pipeline crossing agreement/ easement or a letter
indicating no agreement is necessary shall be submitted to the Department of Planning Services_
(Department of Planning Services)
A copy of the signed Greeley No. 2 Ditch pipeline crossing agreement/ easement or a letter
indicating no agreement is necessary shall be submitted to the Department of Planning Services.
(Department of Planning Services)
A copy of the signed AKA Energy Group pipeline crossing agreement/ easement or a letter
indicating no agreement is necessary shall be submitted to the Department of Planning Services.
(Department of Planning Services)
A copy of the signed FRICO pipeline crossing agreement/ easement or a letter indicating no
agreement is necessary shall be submitted to the Department of Planning Services. (Department of
Planning Services)
W A copy of the signed Ogilvy Ditch pipeline crossing agreement/ easement or a letter indicating no
agreement is necessary shall be submitted to the Department of Planning Services. (Department of
Planning Services)
A copy of the signed Plumb Ditch pipeline crossing agreement/ easement or a letter indicating no
agreement is necessary shall be submitted to the Department of Planning Services. (Department of
Planning Services)
A copy of the signed Lower Latham Reservoir Company pipeline crossing agreement/ easement or
a letter indicating no agreement is necessary shall be submitted to the Department of Planning
Services. (Department of Planning Services)
A copy of the signed Latham Ditch pipeline crossing agreement/ easement or a letter indicating no
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agreement is necessary shall be submitted to the Department of Planning Services. (Department of
Planning Services)
AA. A copy of the signed Larimer and Weld Irrigation Company pipeline crossing agreement/ easement
or a letter indicating no agreement is necessary shall be submitted to the Department of Planning
Services. (Department of Planning Services)
BB A copy of the signed Neres Canal pipeline crossing agreement/ easement or a letter indicating no
agreement is necessary shall be submitted to the Department of Planning Services. (Department of
Planning Services)
CC A copy of the signed Greeley No_ 2 Ditch pipeline crossing agreement/ easement or a letter
indicating no agreement is necessary shall be submitted to the Department of Planning Services.
(Department of Planning Services)
DD. A copy of the signed Gilmore Ditch pipeline crossing agreement/ easement or a letter indicating no
agreement is necessary shall be submitted to the Department of Planning Services. (Department of
Planning Services)
EE. A copy of the signed Platte Valley Canal pipeline crossing agreement/ easement or a letter
indicating no agreement is necessary shall be submitted to the Department of Planning Services_
(Department of Planning Services)
FF A copy of the signed Speer Canal pipeline crossing agreement/ easement or a letter indicating no
agreement is necessary shall be submitted to the Department of Planning Services. (Department of
Planning Services)
GG A copy of the signed Owl Creek Supply & Irrigating Company 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)
HH A copy of the signed Town of Nunn pipeline crossing agreement for all public rights -of -way or a
letter indicating no agreement is necessary shall be submitted to the Department of Planning
Services. (Department of Planning Services)
II_ A copy of the signed Town of Pierce pipeline crossing agreement for all public rights -of -way or a
letter indicating no agreement is necessary shall be submitted to the Department of Planning
Services. (Department of Planning Services)
JJ A copy of the signed City of Greeley pipeline crossing agreement for all public rights -of -way or a
letter indicating no agreement is necessary shall be submitted to the Department of Planning
Services. (Department of Planning Services)
KK. A copy of the signed Town of Kersey pipeline crossing agreement for all public rights -of -way or a
letter indicating no agreement is necessary shall be submitted to the Department of Planning
Services (Department of Planning Services)
LL. A copy of the signed City of Fort Lupton pipeline crossing agreement for all public rights -of -way or a
letter indicating no agreement is necessary shall be submitted to the Department of Planning
Services. (Department of Planning Services)
MM. A copy of the signed Poudre Valley REA crossing agreement/ easement or a letter indicating no
agreement is necessary shall be submitted to the Department of Planning Services_ (Department of
Planning Services)
NN. A copy of the signed Colorado Interstate Gas Company crossing agreement/ easement or a letter
indicating no agreement is necessary shall be submitted to the Department of Planning Services
(Department of Planning Services)
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OO. A copy of the signed Kinder -Morgan Gas Company pipeline crossing agreement/ easement or a
letter indicating no agreement is necessary shall be submitted to the Department of Planning
Services. (Department of Planning Services)
PP A copy of the signed KN Interstate Gas Transmission Company pipeline crossing agreement/
easement or a letter indicating no agreement is necessary shall be submitted to the Department of
Planning Services (Department of Planning Services)
QQ. Any improvements or new construction in the floodplain require a Flood Hazard
Development Permit. (Department of Planning Services - Floodplain)
RR The map shall be amended to delineate the following:
1 All sheets of the map shall be labeled USR18-0077. (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 28. 31. 33, 35, 37, 38, 39. 40, 42, 43, 46, 47. 48, 49, 51, 64.5 70. 72, 76. 84,
94. 96. 98. 100. 104. 108. 110. 114. & 120 are gravel roads and are designated on the Weld
County Functional Classification Map as local roads which require 60 feet of right-of-way at
full buildout. The applicant shall delineate 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)
6 County Road 88 is a paved road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The
applicant shall delineate 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 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)
8 County Roads 32. 39. 43. 44. 50, 51, 54.25. 60 5. 66. 86. 90. & 126 are paved roads and are
designated on the Weld County Functional Classification Map as collector roads which
require 80 feet of right-of-way at full buildout. The applicant shall delineate 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)
9 County Road 47 is a gravel road and is designated on the Weld County Functional
Classification Map as an arterial road which requires 140 feet of right-of-way at full buildout.
The applicant shall delineate 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)
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10 County Roads 22 & 74 are paved roads and are designated on the Weld County Functional
Classification Map as arterial roads which require 140 feet of right-of-way at full buildout. The
applicant shall delineate 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)
The County Highway is designated on the Weld County Functional Classification Map as an
arterial road which typically requires 140 feet of right-of-way at full build out. The alignment of
the road widening project varies along the section line for the corridor. Contact Public Works
for the location of the existing and future right-of-way and easements and delineate these on
the site plan (Department of Public Works)
12 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)
13 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)
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 23-2-520 of the Weld County Code The Mylar map and additional requirements
shall be submitted within one hundred twenty (120) days from the date of the Board of County
Commissioners Resolution. The applicant shall be responsible for paying the recording fee. (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 S50 00 recording continuance charge shall be 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.).Thisdigitalfilemaybesenttomaps@co.weldco.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. The applicant shall submit evidence of decreed water rights or written evidence that water for
hydrostatic testing has been secured Evidence of such shall be submitted to the Department of
Planning Services (Department of Planning Services)
6 Prior to Operation
RESOLUTION USR18-0077
CHEYENNE CONNECTOR. LLC
PAGE 11
A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency
Management and the Fire District(s) The plan shall be reviewed on an annual basis by the Facility
operator. the Fire District(s) and the Weld County Office of Emergency Management 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)
Motion seconded by Richard Beck
VOTE
For Passage
Bruce Sparrow
Michael Wailes
Tom Cope
Richard Beck
Against Passage Absent
Gene Stille
Lonnie Ford
Skip Holland
Bruce Johnson
Elijah Hatch
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 November 6. 2018
Dated the 6th of November. 2018
44,141-PcAel,
Kristine Ranslem
Secretary
RESOLUTION USR18-0077
CHEYENNE CONNECTOR. LLC
PAGE 12
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Cheyenne Connector. LLC
USR18-0077
1. A Site Specific Development Plan and Special Review Permit, USR18-0077. for a greater than 12 -inch
high pressure natural gas pipeline approximately 70 miles long (36 -inch natural gas pipeline originating
at the Kerr-McGee Lancaster Cryogenic Gas Plant USR12-0023. and terminating at the Rockies
Express Cheyenne Hub. 1MUSR18-14-0017) 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)
13. FEMA's floodplain boundaries may be updated at any time by FEMA Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain boundaries
have been modified. (Department of Planning Services - Floodplain)
RESOLUTION USR18-0077
CHEYENNE CONNECTOR. LLC
PAGE 13
14. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map. Any development shall comply with all applicable Weld County requirements,
Colorado Water Conservation Board requirements as described in Rules and Regulations for
Regulatory Floodplains in Colorado. and FEMA regulations and requirements as described in 44 CFR
parts 59. 60. and 65 The FEMA definition of development is any man-made change to improved or
unimproved real estate. including but not limited to buildings or other structures, mining. dredging. filling.
grading. paving. excavation. drilling operations. or storage of equipment and materials. (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 Environmental Health)
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 Environmental Health)
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
Environmental Health)
18 Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the project and until ground cover is established. Uses on the property shall comply with
the Colorado Air Quality Commission's air quality regulations. (Department of Environmental Health)
19. During construction. adequate toilet facilities and handwashing units shall be provided Portable toilets
are acceptable. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall
contain hand sanitizers (Department of Environmental Health
20. The applicant shall submit an Air Pollution Emission Notice (A.P.E N.) and Emissions Permit Application
and obtain a permit from the Air Pollution Control Division. Colorado Department of Public Health and
Environment, as applicable. (Department of Environmental Health)
21. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Environmental Health)
22. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
23_ Necessary personnel from the Weld County Departments of Planning Services. Public Works, and
Public Health and Environment shall be granted access onto the pipeline easement at any reasonable
time to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations.
24. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards. as shown or stated. shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted Any other changes shall be filed in the office of the Department
of Planning Services
25. The property owner or operator shall be responsible for complying with the foregoing Development
Standards Noncompliance with any of the foregoing Development Standards may be reason for
revocation of the Permit by the Board of County Commissioners.
RESOLUTION USR18-0077
CHEYENNE CONNECTOR. LLC
PAGE 14
26. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources. including. but not limited to. sand and gravel. oil. natural gas. and coal.
Under title 34 of the Colorado Revised Statutes. minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the states economy: (b) the populous counties of the state
face a critical shortage of such deposits; and (c) such deposits should be extracted according to a
rational plan calculated to avoid waste of such deposits and cause the least practicable disruption of
the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development. Often times. mineral resource
sites are fixed to their geographical and geophysical locations. Moreover. these resources are
protected property rights and mineral owners should be afforded the opportunity to extract the mineral
resource.
27. WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in total
market value of agricultural products sold. The rural areas of Weld County may be open and spacious.
but they are intensively used for agriculture. Persons moving into a rural area must recognize and
accept there are drawbacks. including conflicts with long-standing agricultural practices and a lower
level of services than in town Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural areas open views. spaciousness, wildlife. lack of city noise and congestion,
and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment: slow -moving farm vehicles
on rural roads: dust from animal pens. field work. harvest and gravel roads: odor from animal
confinement. silage and manure. smoke from ditch burning; flies and mosquitoes, hunting and trapping
activities. shooting sports. legal hazing of nuisance wildlife: and the use of pesticides and fertilizers in
the fields. including the use of aerial spraying It is common practice for agricultural producers to utilize
an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-102, C.R.S.. provides that an agricultural operation shall not
be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production
Water has been, and continues to be. the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County. property owners and residents must realize they cannot take water from
irrigation ditches, lakes. or other structures, unless they have an adjudicated right to the water_
Weld County covers a land area of approximately four thousand (4.000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3.700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of the
County, and the distances which must be traveled may delay all emergency responses, including law
enforcement. ambulance, and fire Fire protection is usually provided by volunteers who must leave
their jobs and families to respond to emergencies County gravel roads. no matter how often they are
bladed. will not provide the same kind of surface expected from a paved road Snow removal priorities
mean that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm Services in rural areas. in many cases. will not be equivalent to municipal services. Rural
dwellers must. by necessity. be more self-sufficient than urban dwellers
People are exposed to different hazards in the County than in an urban or suburban setting_ Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations. high speed traffic. sandburs. puncture vines, territorial farm dogs and livestock, and
open burning present real threats Controlling children's activities is important. not only for their safety,
PC,
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, November 6, 2018
I
EXHIBIT
-con
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 12:30 pm.
Roll Call.
Present: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard
Beck, Tom Cope.
Absent/Excused: Skip Holland
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, and Tom Parko, Department of Planning Services;
Jose Gonzalez, Department of Building; Lauren Light and Ben Frissell, Department of Health; Evan
Pinkham and Hayley Balzano, Department of Public Works; Frank Haug and Bob Choate, County Attorney,
and Kris Ranslem, Secretary.
Skip Holland entered the meeting at 1:40 pm.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR18-0077
CHEYENNE CONNECTOR, LLC
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
A GREATER THAN 12 -INCH HIGH PRESSURE NATURAL GAS PIPELINE (36 -
INCH NATURAL GAS PIPELINE) APPROXIMATELY 70 MILES IN LENGTH, IN
THE A (AGRICULTURAL) ZONE DISTRICT
COMMENCES IN SECTION 14 AND CROSSES SECTIONS 14, 11, 2, T2N,
R66W, SECTIONS 35, 26, 23, 14, 13, 12, 1, 2, T3N, R66W, SECTION 6, T3N,
R65W, SECTIONS 31, 32, 33, 36, T4N, R65W, SECTIONS 31, 30, 19, 18, 7, 6, 5,
T4N, R64W, SECTIONS 32, 29, 20, 17, 8, 5, T5N, R64W, SECTIONS 32, 29, 30,
T6N, R64W, SECTIONS 25, 24, 13, 12, 1, T6N, R65W, SECTIONS 36, 25, 24, 23,
14, 15, 10, 9, 4, 5, T7N, R65W, SECTIONS 32, 31, 30, 19, 24, T8N, R65W,
SECTIONS 13, 12, 11, 2, T8N, R66W, SECTIONS 35, 34, 27, 22, 21, 19, 17, 8, 5,
T9N, R66W, SECTIONS 32, 29, 20, 17, 8, 5, T10N, R66W, SECTIONS 32, 29, 20,
17, 8, AND TERMINATING IN SECTION 5, T11 N, R66W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
EAST OF CR 25; SOUTH OF CR 132; WEST OF CR 51 AND NORTH OF CR 20.
Bruce Johnson stated that he will be abstaining since he has a financial interest in this case. Elijah Hatch
stated that he is an adjacent landowner to this proposed pipeline and wished to abstain from this case as
well.
Kim Ogle, Planning Services, presented Case USR18-0077, reading the recommendation and comments
into the record. Mr. Ogle noted that multiple phone calls from surrounding property owner were received.
Some phone calls inquired about the pipeline alignment while other phone calls were in regard to concerns
with the pipeline crossing their property and negotiations with representatives for Cheyenne Connector.
The Department of Planning Services recommends approval of this application with the attached conditions
of approval and development standards.
Evan Pinkham, Public Works, reported on the classification of roads that will be crossed, right-of-way
permits and grading permits. A Road Maintenance Agreement will be required.
Commissioner Sparrow asked if the pipeline will be bored under the roadways. Mr. Pinkham replied yes.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements and air
emissions permit.
1
Shawn Bates, 370 Van Gordon Street, Lakewood, Colorado, stated that the applicant is Cheyenne
Connector LLC and is a subsidiary of Tallgrass Energy. He provided a visual slide of the consolidated
footprint involving multiple states. This proposed pipeline will tie into a Rockies Express 1700 -mile pipeline
at Cheyenne and travel east to Clarington, Ohio. There are receipt meters at DCP Midstream's Mewbourn
and O'Connor Plants and Anadarko's Lancaster and Latham Plants. Additionally, there will be a delivery
meter located at Rockies Express Pipeline Cheyenne Hub in northern Weld County.
Mr. Bates said that they expect notice to proceed with construction in April 2019 and in service by 4th quarter
2019. They held three (3) open houses in Eaton, Kersey and Platteville with approximately 150 landowners
and community members in attendance. They solicited input from landowners, community leaders, and
citizens through face-to-face meetings, letters, a toll -free number and a project website.
Mr. Bates provided an overview of the FERC application process and how the project goes through a
thorough environmental assessment process. Mr. Bates stated that one benefit the landowner has in
having FERC oversight on the project is that there are inspections during construction and post -construction
inspections as well to make sure that what was proposed is implemented in the field. He provided a
description of their safety operations and the design of the pipeline.
Commissioner Cope asked what caused them to go with Class III or Class II pipe. Mr. Bates said that there
is a gun range located along the route and that triggered a Class III pipe. He added that they designed it
to be a Class II pipe. He further added that there are a couple parcels around Kersey that are being
annexed and they felt it was better to be proactive and increase the design to be a little safer there.
Commissioner Stille asked what kind of teeth does the landowner have to ensure that their land is cleaned
up and put back the way it was found. Jeff Trujillo, Tallgrass Energy, 370 Van Gordon Street, Lakewood,
Colorado, stated that this is a FERC regulated project and they will not be allowed to go into service until
all the land is put back into like conditions prior to construction. Mr. Bates said that FERC will have third
party inspection to be on site and added that they will be required to comply with their regulations.
Commissioner Ford asked how far apart are the shut off valves. Mr. Bates said that they can be located
no more 20 miles apart. He added that they are generally 17 miles apart.
Commissioner Holland said that terrorism is a big concern and asked what the mechanism is in protecting
this utility against terrorism. Mr. Bates stated that they have ongoing line patrollers that physically walk the
field and added that they catch development taking place, primarily residential, on their assets prior to one -
calls being made because of the day-to-day ongoing field inspections. David Slaven, Project Manager, 978
Moreno Circle, Centennial, Colorado, stated that the Colorado Department of Transportation oversees all
safety and regulations and part of that is emergency response protocols, line patrolling and surveying.
Commissioner Wailes asked where the remote monitoring facility is located. Mr. Bates said that the remote
monitoring is done in Lakewood, Colorado.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Marvin Bay, 36986 CR 49, Eaton, Colorado, said that he is in support of the pipeline and it looks like they
are doing a good job for safety. However, he said that they are not putting money into the right-of-way.
This is the sixth pipeline going through his property and they have offered half of what the other pipelines
have offered. He is also concerned with the 1000 -foot influence area in relation to his property and his
children's properties.
Greg Cecil, 38561 CR 43, Eaton, Colorado, stated that it sounds like the applicant is willing to install a
heavier pipeline. He expressed concern regarding the depth of the pipeline and hasn't received a response
on that. He said that he is in support of the pipeline: however, he wants to be treated fairly. The offer he
received may cover 10% of his estimated damages. Mr. Cecil said that he asked if the pipeline could be
buried deeper than the 4 -foot proposed and added that the response was that it would not be a possibility.
Ryan Donovan, Attorney with Lawrence, Jones, Custer and Grasmick, 5245 Ronald Reagan Boulevard,
Johnstown, Colorado, stated that he is representing the Larimer and Weld Irrigation Company and the Owl
Creek Supply and Irrigation Company. He stated that this pipeline will cross both ditches at least once. He
2
stated that Weld County Code requires that the applicant provide Weld County Planning Services a copy
of an agreement with the owner of any ditch located on or adjacent to the proposed development or provide
written evidence that an adequate attempt has been made to mitigate the concerns of the ditch company.
He added that no agreement has been reached between the applicant and the Larimer and Weld Irrigation
Company and the Owl Creek Supply and Irrigation Company. Should this application be approved they
are requesting that a condition of approval be included that require the applicants to enter into a written
agreement with the ditch companies requiring at a minimum that the applicant provide the ditch companies
with detailed plans prior to the construction and installation of the pipeline. Additionally, they should allow
the ditch companies sufficient time to perform their own review of the plans and acknowledgment that the
company's ditches shall not be open cut under any circumstances and shall be bored and placed at a safe
distance beneath the ditch. In addition, a requirement should be added that the applicants coordinate the
timing of the construction activities with ditch company personnel to mitigate disturbance of ditch operations,
especially during the irrigation season which is when the proposed pipeline is scheduled to be constructed.
Commissioner Stille asked what the bore depth should be. Mr. Donovan said it should be a minimum of 10
feet but depending on soil conditions it could be 20 to 30 feet deep.
Gerald Roth, 32100 CR 49, Greeley, Colorado, stated that this is a high-pressure pipeline and is concerned
with safety. He said that his home is several hundred feet from this proposed pipeline and doesn't want
this in his neighborhood. He requested a Class III pipe and were told that they would not get it as it is used
for subdivisions. He also requested 5 -foot bury and added that they haven't agreed on that. He expressed
concerned with the loss of crops since the construction will take place during the summer of 2019. He had
received appraisals that he believed were not fair.
Leslie Peterson, 1781 Pioneer Place, Eaton, Colorado, stated that the landowners need to be compensated
for devaluation of property and loss of production. He said that Tallgrass is working on intimidation going
to eminent domain with property owners. He requested that Tallgrass receives 90% of the easements in
place in the irrigated corridor from Highway 34 to County Road 88 before they granted approval to move to
the County Commissioners.
Commissioner Still referred to the comment regarding eminent domain and asked if there was a comment
made. Mr. Peterson said that in their first meeting with the applicant they commented about using eminent
domain.
George Tateyama, 41518 CR 43, Ault, stated that Tallgrass was bragging of going parallel with the pipeline
and he believes it is a problem. His tenant is upset as he is disturbed by pipeline proposals every two or
three years and added that this is the fourth pipeline proposal coming through his property. He showed a
visual slide of the disturbance that these pipelines make on the farm ground. He also requested that the
pipelines be installed deeper because farmers are tilling deeper. He also expressed concern with a floating
pipeline with areas of high water table.
Tom Karlberg, 36037 CR 49, Eaton, Colorado, stated that he is concerned that this pipeline does not parallel
and that wastes valuable corridor space and it makes it more difficult to farm it as well. It zig zags and does
not go in a straight line. He asked them to go in the most recent existing corridor and Tallgrass said no as
they would have to cross the existing pipelines and it would be too expensive. He added that the agreement
he is being asked to sign does not agree with the pipe that was provided with the agreement. He further
added that he would like to see the applicant obtain landowner agreements in place prior to receiving
government approval.
Maria Petrocco, 8704 Yates Drive, Westminister, Colorado, stated that she is an oil and gas attorney
specializing in pipelines representing the Tateyama farm and Peterson farm. She said that farmers facing
eminent domain have little chance of being treated fairly. She said that they are not only taking the strip of
land where the pipeline will lay but there is also a blast zone, which is based upon the size of pipeline and
the operating pressure. She emphasized that there should be a setback from a gas pipeline. She asked if
that Class II pipeline will be operated at a pressure of a Class II.
Ron and Marsha Baker, 28806 CR 51, Greeley, Colorado. Mr. Baker said this pipeline will be going through
the middle of their pasture. He asked if they will they notify landowners if inspectors are going through their
property and how much notice will they receive. Ms. Baker said that they have been working with Tallgrass
3
since 2017. Since that time, they have allowed access to their property on numerous occasions for surveys,
including but not limited to, noxious weed surveys, ecological studies, environmental studies, cultural
resource studies and an additional test bore. She added that access has been granted with no
compensation. They received the first written communication was in March 2018 which included a separate
page titled eminent domain law in Colorado. They have not arrived at an agreement and have not been
informed of the status of the project.
Janet Roth, 32100 CR 49, said that they will be 400 feet from this pipeline and just over one (1) mile feet
from the last earthquake. She expressed concern of the pipeline rupturing with 17 miles of volume to
unload. She requested that applicant address how they are taking care of this risk of earthquakes.
Ted Buderus, 3126 Ashton Avenue, Greeley, Colorado, stated that he is the President of the Lower Latham
Reservoir Company and added that he is concerned with depth of boring and crossings as well. He
suggested an alternate method of installing pipelines that leaves less injury to the property when they are
trying to restore the land. He added that he would like to see a remediation process in place.
Steve Ludwig, 17978 CR 39, Platteville, Colorado, asked for contact information for the Emergency
Management Agency for Weld County. Mr. Ogle provided the contact information.
Dennis Hoshiko, 1811 38th Avenue, Greeley, Colorado, expressed concern of the excavation of ditches and
damage to ditches. He has not received a response from Tallgrass regarding the Irons Lateral Ditch. He
added that on numerous occasions the bore tunnels for these pipelines have been dug too shallow beneath
irrigation ditches causing the bottom of those ditches to suddenly cave in and wash out without warning.
This has not only caused the flooding of the land surrounding the ruptured ditches but were also responsible
for drying -up thousands of acres of growing crops that belong to the farmers who are dependent on those
ditches.
The Chair called a recess at 7:05 pm and reconvened the hearing at 7:13 pm.
The Chair asked Tallgrass to talk about the compensation policy. Mr. Bates said that Colorado law
suggests, based on previous cases that have gone to court, that you should be looking at comparable fee
sales in the past. He said that they had an appraiser who did a market study on the entire corridor and set
parameters based on their findings and that was basis for their initial offer. He added that the price is based
on price per acre or price per foot and they have built in crop damages of three (3) years. Since the initial
offer, he said that they are offering three (3) times the appraised value. He added that the landowners have
counter offered with eight (8) times the appraised value. He said that they have 131 of 137 appraisals in
hand and said that they are looking at appraisals for the entire farm.
Commissioner Stille asked if the appraisals are a cost of sales or income approach. Mr. Bates said the
appraisal packet is 70 to 80 pages each and are very detailed.
Commissioner Ford referred to when a landowner tells you that you are low and have received more from
other pipelines he asked why they don't believe them. Mr. Bates said that he believes them, but it is not a
fair and equitable amount they should be entering into. Mr. Bates said that past pipeline payments are not
a basis in court. Bob Choate, County Attorney, suggested to concentrate questions on those things that
are provided in the draft resolution because he is not sure where compensation to landowners will fall within
that. He understands it is a concern by the public and it is important, but the Planning Commission needs
to focus the analysis on the elements listed in the Weld County Code and provided in the Draft Resolution.
The Chair referred to water table issues and floating pipelines. Mr. Bates said that if a water table has been
identified they can put a mechanical means on top of a pipe to prevent it from floating. Mr. Wailes asked
how seismographic activity is dealt with. Mr. Bates said that it is a concern and when there is an earthquake
typically the ground all moves together, and steel is very flexible in nature and tends to move. There is not
much historical record of any pipeline rupturing due to an earthquake because of the thickness of metal
that they use.
The Chair referred to inspection notifications after the installation or remediation of the land. Mr. Bates said
if it is non -ground disturbing event they make the best attempt to contact the landowner it is going to take
4
place. If there is a long stretch of activities, they will try to notify by mailers. If there is going to be a ground
disturbing activity, they are required to give a landowner a 5 -day written notice.
The Chair referred to the different installation methods that reduce the amount of disturbance to the
cropland. Mr. Bates said that he didn't believe that type of construction methodology is available to them.
FERC requires them to strip the right-of-way that prevents any mixing of the top soil with sub soil. However,
they will take it back and vet it internally.
The Chair asked the applicant to talk about the remediation process. Mr. Bates said that FERC requires
them to have a reclamation plan in place prior to completing the project. He added that they do take it
seriously and are forced to address any complaints received.
The Chair asked the applicant to explain why they don't have all the landowner agreements and ditch
crossing agreements in place today. Mr. Bates said that they have been working with landowners since
July 2017. They expected to be done with acquisition about now and added that they didn't expect to
acquire as many easements later in the ballgame. Mr. Bates said they have 30% easement acquisition
and one (1) crossing agreement currently. He added that they have reached out to all the ditch companies
regarding depths. Commissioner Cope asked how many ditch crossings have been obtained to date. Mr.
Bates said that they have one (1) agreement out of 30 ditch companies.
Commissioner Cope said that the plan is to start construction in the first quarter of 2019 and asked if it is
realistic with only 30% acquisition and one crossing agreement. Mr. Bates said that they will start with
construction with what right-of-way they do have in April 2019. Mr. Cope said typically the construction is
performed during the time when there is no crop production and this is backwards. Mr. Bates said that if
there are no FERC requirements they wouldn't chose that particular window to construct. He added that
they have contractual obligations by oil and gas to have this timeline.
Commissioner Stille asked about acquiring easements when the landowners don't agree with the
compensation. Mr. Bates said that construction will stop there and will move around and work in other
places where they have right-of-way.
Commissioner Stille asked about the concern of eminent domain. Mr. Bates said as part of the FERC
requirements under Title 18 CFR 157.6 Subpart D requires an applicant provide a landowner notification to
which includes a brief summary of what rights the landowner has at the FERC and in proceedings under
the eminent domain rules of the relevant state. He added that the initial mailing included the information of
the State Statute of eminent domain.
The Chair asked Staff is there are any changes to the Draft Resolution. Mr. Ogle recommended adding a
Condition of Approval 1.AA stating "A copy of the signed Larimer and Weld Irrigation Company pipeline
crossing agreement/easement or a letter indicating that no agreement is necessary shall be submitted to
the Department of Planning Services".
Motion: Add Condition of Approval 1.AA as stated by Staff, Moved by Tom Cope, Seconded by Richard
Beck. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Commissioner Cope asked Staff what happens if the applicant does not obtain the easements or right-of-
way agreements from the landowners and agreements from all the ditch companies prior to recording the
plat. Mr. Ogle stated that the applicant would need to come back before the County Commissioners and
state why they can't obtain those agreements. He added that the applicant has three years to commence
the permit, if approved.
Commissioner Cope said that all of the items provided in testimony, both for and against, have shown that
these are possible and will be required to be resolved prior to construction commencing.
5
Motion: Forward Case USR18-0077 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Tom Cope, Seconded by Richard Beck.
Vote: Motion passed (summary: Yes = 4, No = 3, Abstain = 2).
Yes: Bruce Sparrow, Michael Wailes, Richard Beck, Tom Cope.
No: Gene Stille, Lonnie Ford, Skip Holland.
Abstain: Bruce Johnson, Elijah Hatch.
Commissioner Holland believed that the applicant has not shown a diligent effort, based on a minimal
amount of easements, to preserve prime farm land in the location of this pipeline. However, he stated that
he supports the pipeline.
Commissioner Ford cited Section 23-2-480.A.3 as it has undue negative impact on the citizens because
the applicant has not obtained approvals for the right-of-way.
Commissioner Stille cited Sections 23-2-480.A.1, A.2, A.3 and A.6 with primary concern regarding the
agreements.
Meeting adjourned at 8:05 pm.
Respectfully submitted,
`1940-011,-"t
Kristine Ranslem
Secretary
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