HomeMy WebLinkAbout20190668.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Michael Hall
Case Number: USR18-0094
Hearing Date: February 5, 2019
Applicants: Kerr-McGee Gathering, LLC clo Samantha Petite
1099 18th Street, Suite 1800, Denver, Colorado 80202
Request:
A Site Specific Development Plan and Use by Special Review Permit for two (2)
greater than 12 -inch high pressure natural gas pipelines (9.86 mile 24 -inch high
pressure natural gas pipeline originating at the Saint Vrain Compressor Station
(1MUSR17-14-0013) and terminating at the Latham Cryogenic Processing Plant
(USR18-0019) and a 2.36 mile 16 -inch high pressure natural gas pipeline originating at
the Hambert Compressor Station (AMUSR-355) and terminating at the Latham
Cryogenic Processing Plant (USR18-0019), in the A (Agricultural) Zone District.
The pipeline will cross multiple sections including Sections 15, 10, 11, and 12 of T3N,
Legal R67W; Sections 7, 8, 9, 10, 2, 3 and 1 of T3N, R66W; and Section 36 of T4N, R66W of
Description: the 6th P.M., Weld County, Colorado
Location: Generally located north of CR 34; east of CR 19; south of CR 40, west of CR 37
Construction Size: 148.12 +/- acres Parcel No. Multiple (23 parcels)
Operating Size: 111.10 +/- acres
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
V V V V V V
Colorado Parks and Wildlife, referral dated October 26, 2018
Colorado Department of Transportation, referral dated October 25, 2018
Weld County Department of Public Works, referral dated October 23, 2018
Farmers Independent Ditch Company, referral dated October 17, 2018
Colorado Department of Public Health and Environment, referral dated October 30, 2018
Weld County Department of Planning Services - Floodplain, referral dated October 1, 2018
Weld County Department of Public Health and Environment, referral dated October 23, 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
▪ Weld County Sheriff's Office referral dated October 15, 2018
▪ Weld County Zoning Compliance, referral dated October 8, 2018
▪ Central Weld County Water District, referral dated October 24, 2018
▪ Platteville-Gilcrest Fire Protection District, referral dated October 5, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
> Beeman Ditch
> Town of Mead
> Town of Milliken
USR18-0094
Kerr-McGee Gathering, LLC
Saint Vrain - Latham - Hambert Pipeline
Page 1 of 14
V V V V V V V V V V V V V V"
History Colorado
Town of Gilcrest
Town of Platteville
Town of Johnstown
Union Pacific Railroad
Farmer Service Agency
US Army Corps of Engineers
DCP Midstream Partners, LP
LaSalle Fire Protection District
Western Mutual Ditch Company
Platte Valley Conservation District
Public Service Company of Colorado
Farmers Reservoir and Irrigation Company
Weld County Office of Emergency Management
USR18-0094
Kerr-McGee Gathering, LLC
Saint Vrain - Latham - Hambert Pipeline
Page 2 of 14
Planner:
Case Number:
Applicants:
Request:
Legal
Description:
Location:
Construction Size:
Operating Size:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Michael Hall
USR18-0094
Kerr-McGee Gathering, LLC c/o Samantha Petite
1099 18th Street, Suite 1800, Denver, Colorado 80202
Hearing Date: February 5, 2019
A Site Specific Development Plan and Use by Special Review Permit for two (2)
greater than 12 -inch high pressure natural gas pipelines (9.86 mile 24 -inch high
pressure natural gas pipeline originating at the Saint Vrain Compressor Station
(1MUSR17-14-0013) and terminating at the Latham Cryogenic Processing Plant
(USR18-0019) and a 2.36 mile 16 -inch high pressure natural gas pipeline originating at
the Hambert Compressor Station (AMUSR-355) and terminating at the Latham
Cryogenic Processing Plant (USR18-0019), in the A (Agricultural) Zone District.
The pipeline will cross multiple sections including Sections 15, 10, 11, and 12 of T3N,
R67W; Sections 7, 8, 9, 10, 2, 3 and 1 of T3N, R66W; and Section 36 of T4N, R66W of
the 6th P.M., Weld County, Colorado
Generally located north of CR 34; east of CR 19; south of CR 40, west of CR 37
148.12 +/- acres Parcel No. Multiple (23 parcels)
111.10 +/- acres
Case Summary:
As the Anadarko Petroleum Company continues to drill for oil and gas in the Denver-Julesberg Basin,
there is a need for increased infrastructure to gather, process, and distribute the natural gas by means
other than trucking. Increasing volumes of natural gas, as well as the siting of recent drilling facilities,
have put a strain on the currently available gathering and processing systems. To reduce the strain, Kerr-
McGee Gathering, LLC, the midstream branch subsidiary of Anadarko, proposes to construct, own and
operate two (2) natural gas pipelines in central Weld County. A 9.86 mile 24 -inch high pressure raw
natural gas pipeline will connect the existing St. Vrain Compressor Station (1MUSR17-14-0013) and the
existing Latham Cryogenic Processing Plant (USR18-0019). A 2.36 mile 16 -inch high pressure raw
natural gas pipeline will connect the existing Hambert Compressor Station (AMUSR-355) and the existing
Latham Cryogenic Processing Plant (USR18-0019). Both pipelines will carry raw gas 24 hours/day, 365
days/year, based on market demand. The addition of these pipelines supports Kerr-McGee Gathering's
pipeline infrastructure development in Weld County and provides flexibility to the existing system.
Additionally, the proposal supports the Oil and Gas Deposits Section of the Weld County Comprehensive
Plan as Section 22-5-90.C states: "The most efficient and environmentally friendly way to transport crude
oil is by pipeline, rather than by truck."
The preferred route pipeline will cross County Roads 34, 19.5, 23, 25, 29, 31, 33, 36, 35, and 38, the
South Platte River, and State Highway 85, and is located in the Saint Vrain Creek and South Platte River
floodplains. Prior to construction, appropriate right-of-way and crossing permits are required from Weld
County Public Works, Colorado Department of Transportation and numerous ditch companies. Floodplain
permits are required from the Weld County Planning Department. There has been one revision to the
pipeline route between Latham and Ham bert and is an internal revision within one parcel along the route.
The revision did not require additional surrounding property owner or referral agency notice and no
additional parcels or rights -of -way were impacted. Construction is anticipated to take eight -ten (8-10)
months. During construction, employees will utilize bottled water and portable toilets. The pipeline corridor
USR18-0094
Kerr-McGee Gathering, LLC
Saint Vrain - Latham - Hambert Pipeline
Page 3 of 14
will be inspected and maintained periodically by one or two employees, typically between the hours of 6
am and 5 pm, unless there is an emergency. No permanent employees are located along the pipeline. No
permanent water and sewage disposal source is required for the pipeline.
All above -ground appurtenances including pigging equipment will be located at the end of the lines on
property owned by Kerr McGee Gathering within the existing USR boundaries of the Saint Vrain, Latham
and Hambert facilities. The pipeline flow measurement, maintenance and integrity will be monitored by a
Supervisory Control and Data Acquisition (SCADA) system and Kerr McGee Gathering has trained
personnel available 24/7 to respond to potential incidents. Additionally, Kerr McGee Gathering has
developed an Emergency Action Plan and will manage any incidents in accordance with the plan.
The pipeline will be located within a permanent easement seventy-five (75) foot in -width and a temporary
construction easement twenty-five (25) foot in -width is located on one -side of the permanent easement
corridor. The twenty-five (25) foot easement will be reclaimed following installation of the pipeline.
Easement agreements have been obtained for 100% of the parcels to be crossed by the project. The
permanent easement will accommodate not only the subject gas pipelines permitted under this USR
application, but also future pipeline projects through this same corridor in order to minimize the impacts of
its pipelines on landowners. The entire pipeline will be located underground with the exception of valve
sites and no landscaping, screening, or outdoor storage is proposed along the pipeline corridor. In the
event that the pipeline is no longer needed, Kerr McGee Gathering will implement the Decommissioning
Plan as submitted in the application materials.
The preferred route has been designed to accommodate economic feasibility, constructability,
environmental sensitivity, and landowner preferences including route access. The route bypasses the
more populated areas of unincorporated Weld County with a lesser impact to existing encumbrances and
residential areas. Additionally, the route is deemed to be the most direct and will be located on large rural
parcels, many with existing pipeline corridor easement agreements that allow for multi -line routes.
Alternative alignments would require new easements to be located and may result in greater disturbance
to landowners and the environment.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-480 of the Weld County Code as follows:
A. Section 23-2-480.A.1 -- All reasonable efforts have been made to avoid irrigated cropland
or to minimize the negative impacts on agricultural uses and lands.
The application indicates that the pipeline will be located to minimize impacts on the
operation of irrigation equipment. In cases where the pipeline crosses through a parcel
with productive cropland, rather than along the perimeter, the pipeline is designed to
curve around center -pivots and agricultural and residential improvements. Topsoil will be
removed and segregated during pipeline installation and will be returned and backfilled
into the pipeline trench at their original location. No soil will be moved off -site and
reseeding with native grasses will take place as necessary to encourage vegetative
growth, soil stabilization and to prevent erosion or will be managed per agreement terms
with the landowner. Kerr-McGee Gathering indicates that they will repair and/or replace
any facilities damaged or removed during the placement of the pipeline. Any impacts to
actively cultivated land by the project will be temporary, and agricultural operations can
return once the pipelines are operational. The pipeline route minimizes environmental
impacts such as wetland areas, water bodies and agricultural lands. The pipeline route is
sited on plowed fields and irrigated lands and will be bored under County and State
roadways and the South Platte River.
USR18-0094
Kerr-McGee Gathering, LLC
Saint Vrain - Latham - Hambert Pipeline
Page 4 of 14
B. Section 23-2-480.A.2 -- The pipeline will not have an undue adverse effect on existing
and future development of the surrounding area, as set forth in applicable Master Plans.
The pipeline is located within the 3 -mile referral area of the Towns of, Gilcrest,
Johnstown, Mead, Milliken, and Platteville. No referral responses were received back.
Additionally, the pipeline is located within the Mead, Milliken and Platteville Coordinated
Planning Agreement boundaries. During the pre -application process, all three (3) towns
with CPAs returned signed Notice of Inquiry forms that indicated no concerns with the
proposal.
C. Section 23-2-480.A.3 -- The design of the proposed pipeline mitigates negative impacts
on the surrounding area to the greatest extent feasible.
The applicant indicates that private easements (rights -of -way without fee ownership)
have been negotiated for the pipeline with private land owners. The pipeline route
minimizes environmental surface impacts. The pipeline will cross under the County
maintained roads, Highway 85 and is located in the South Platte River and Saint Vrain
Creek floodplains. The pipeline will also cross several lines permitted by Use by Special
Reviews including USR14-0042 (pipeline), USR-1183 (pipeline), USR-1148 (pipeline)
USR-1647 (pipeline), USR-1236 (transmission line) and USR12-0006 (pipeline) and
crossing agreements are required. In a referral received from the Weld County Floodplain
Planner, dated October 1, 2018, the applicant shall submit a floodplain permit prior to
installing the pipeline and delineate the floodplain and floodway (if applicable) boundaries
on the map. Additionally, surrounding properties located 150 feet on each side of the
pipeline centerline were noticed of the project. No responses were received back.
D. Section 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.
The applicant has proposed a number of measures to mitigate impacts from the pipeline
including the boring beneath County roads to avoid damage to the road surface or
disruption to traffic flow; if surface waterbodies will be crossed by the pipeline either by
boring beneath the bed of the waterbody, or by utilizing an open -cut crossing method. If
the open -cut crossing method is used, BMPs will be installed to protect the waterbody
from erosion or sediment runoff; tracking pads will be utilized where heavy equipment is
required to cross roads to prevent damage to the road surface; topsoil will be segregated
from subsoil during grading activities.
All pipelines will be compliant with the Department of Transportation (DOT) requirements.
The pipeline trench will be excavated mechanically; pipe segments will then be strung
along the ditch line and then welded together using welders and weld procedures
qualified under the requirements of the Code of Federal Regulations; each weld will be
examined utilizing industry standard non-destructive examination, or x-ray, procedures by
qualified technicians; the coating on the pipeline will be inspected for damage and
repaired as necessary and then the line(s) will be lowered into the trench and backfilled.
The pipeline(s) will subsequently be pressure tested using water (hydrostatically tested)
to industry regulations.
USR18-0094
Kerr-McGee Gathering, LLC
Saint Vrain - Latham - Hambert Pipeline
Page 5 of 14
The transportation of natural gas via pipeline is generally safer than other potential
modes of transport. There is some small risk of an accident in which the integrity of the
pipeline may be compromised resulting in a release of natural gas or natural gas liquids.
Wet natural gas contains condensed forms of heavier natural gas liquids and produced
water and is considered both flammable and combustible. Dry natural gas is a clean
burning fuel source, also considered both flammable and combustible.
In general, signs of a pipeline leak, include dead or discolored vegetation that is
otherwise green along the pipeline right-of-way, along with pools of liquid or clouds of
vapor or mist not usually present.
Kerr-McGee Gathering will clearly mark the pipeline centerline with markers placed at line
of site intervals and at all road crossings. The markers will clearly identify the pipeline,
and will provide a telephone number and address where a company representative can
be reached in an emergency or prior to any excavation in the area. Kerr-McGee
Gathering also participates in the Colorado "One Call" system, which serves as a
clearinghouse for excavation activities that are planned close to pipelines and other
underground utilities.
Each respective pipeline centerline will be clearly identified with markers placed at line -of -
sight intervals and at all road crossings. These markers will clearly identify Kerr-McGee
Gathering as the owner / operator, provide a telephone number and address where a
company representative can be reached in an emergency. In the event of an emergency,
a call to the number on these markers will go to the Kerr-McGee Gathering operations
and control center that is staffed 24 hours/day, 7 days/week by trained operators,
qualified in both the day-to-day operation of the respective pipelines and associated
facilities, and in emergency response procedures. These operators will also have the
ability to monitor the operation of the pipeline system through a Supervisory Control and
Data Acquisition ("SCADA") system. Through the SCADA system, operators will be able
to see key parameters associated with the operation of the respective pipelines, including
pressure, temperature, and flow rate. In the event that these parameters, or other
critically identified criteria fall outside of pre -determined normal operating allowances, the
SCADA system will raise warnings of potential operational upsets or pending emergency
conditions, providing the operator with time to make corrections, if possible, to the system
operation in order to clear the warning. In the event that the specified parameters, or
critically identified criteria reach pre -determined set points within the system operation,
the SCADA system will alarm.
Upon notification of an emergency, either through the public emergency call number,
SCADA system, operator inspection and training, or other originating source, Kerr-
McGee Gathering will have the ability to isolate the respective pipelines by closing
remotely operated valves in the natural gas pipeline, isolate any potential fuel source and
mitigate propagation of the emergency situation. Depending upon the nature of the
emergency, local emergency responders would be notified, and Kerr-McGee Gathering
would implement their internal safety response procedures, including dispatching trained
personnel to the site of the emergency.
F. Section 23-2-480.A.6 -- All reasonable alternatives to the proposal have been adequately
assessed, and the proposed action is consistent with the best interests of the people of
the County and represents a balanced use of resources in the affected area.
The applicant will utilize a pipeline right-of-way easement corridor negotiated through
agreements with private property owners. A portion of the proposed pipeline corridor is
located within an existing multi -line easement. Additionally, the applicant worked with one
of the property owners during the USR process to relocate the pipeline alignment in order
to avoid center -pivot crop circles and future areas identified for development by the
property owner.
USR18-0094
Kerr-McGee Gathering, LLC
Saint Vrain - Latham - Hambert Pipeline
Page 6 of 14
G. Section 23-2-480.A.7 -- The nature and location or expansion of the pipeline will not
unreasonably interfere with any significant wildlife habitat and will not unreasonably affect
any endangered wildlife species, unique natural resource, known historic landmark or
archaeological site within the affected area.
The Colorado Parks and Wildlife, referral dated October 26, 2018, detailed potential
biological concerns including the impact on Bald Eagles winter areas, Red-tailed Hawk
nests, raptor nests, Eastern Plains native fish and noxious weed management. The
referral also included requirements and recommended strategies to best manage the
construction schedule in order to avoid disturbance of these species and the environment.
A Cultural Resource Inventory prepared by Tetra Tech, Inc. consultants dated August
2018, for the pipeline route for a specific site assessment of the biological, aquatic and
cultural resources adjacent to the proposed pipeline route. The purpose of this review
was to identify any significant natural or cultural resource constraints or risks associated
with the development of the pipelines. The Inventory was conducted within a 300 foot
wide corridor along the 12+ mile length of the pipeline and identified one (1) new and four
(4) previously recorded cultural resources, being segments of historic ditches and railroad
mainline. All the sites should be avoided by any ground disturbing activity at the greatest
possible extent. History Colorado did not return a referral response.
H. Section 23-2-480.A.8 -- No adverse impact, from stormwater runoff, to the public rights -
of -way and/ or surrounding properties as a result of the pipeline.
The applicant will be required to maintain historic flow patterns and runoff amounts, per
the Department of Public Works referral, dated October 23, 2018. A drainage plan will
not be required for this project. Section 1.A.5 of the drainage criteria provides an
exception for pipelines and transmission lines. Kerr-McGee Gathering acknowledges in
their application that the historical flow patterns and runoff amounts will be maintained on
the site or in such a manner that it will reasonably preserve the natural character of the
area and prevent property damage of the type generally attributed to run-off rate and
velocity increases, diversions, concentration and/or unplanned ponding of storm run-off.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and Development
Standards can ensure that there are adequate provisions for the protection of health,
safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the map:
A. A Road Maintenance Agreement is required during the construction of the pipeline. Road
maintenance may include dust control, tracking control, damage repair attributable to
construction of the pipeline and located within 1/2 mile of any construction access point for
the project. (Department of Public Works)
B. The applicant shall attempt to address the requirements (concerns) of the Colorado Parks
and Wildlife, as stated in the referral response dated October 26, 2018. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
USR18-0094
Kerr-McGee Gathering, LLC
Saint Vrain - Latham - Hambert Pipeline
Page 7 of 14
C. The applicant shall attempt to address the requirements of the Colorado Department of
Public Health and Environment, as stated in the referral response dated October 30, 2018.
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Planning Services)
D. Submit evidence of the Central Weld County Water District crossing agreement for any
subsurface water pipeline or provide evidence of reasonable accommodation to meet the
needs of the agency. (Department of Planning Services)
E. Submit evidence of the Public Service Company of Colorado crossing agreement for any
overhead transmission lines and/or pipelines rights -of -way or provide evidence of
reasonable accommodation to meet the needs of the agency. (Department of Planning
Services)
F. Submit evidence of the Beeman Ditch crossing agreement or provide evidence of
reasonable accommodation to meet the needs of the agency. (Department of Planning
Services)
G. Submit evidence of the Farmers Independent Ditch Company crossing agreement or
provide evidence of reasonable accommodation to meet the needs of the agency.
(Department of Planning Services)
H. Submit evidence of the Farmers Reservoir and Irrigation Company (Platte Valley Canal)
crossing agreement or provide evidence of reasonable accommodation to meet the needs
of the agency. (Department of Planning Services)
I. Submit evidence of the Western Mutual Ditch Company (Hewes -Cook Ditch) crossing
agreement or provide evidence of reasonable accommodation to meet the needs of the
agency. (Department of Planning Services)
J. Submit evidence of the Union Pacific Railroad crossing agreement provide evidence of
reasonable accommodation to meet the needs of the agency. (Department of Planning
Services)
K. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0094 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-520 of the Weld County
Code. (Department of Planning Services)
4. The final location of the permanent gas pipeline easement with dimension of
permanent easement, property ownership, parcel number, all easements of record,
and all physical encumbrances. (Department of Planning Services)
5. The owner, width and crossing agreement reception number(s) shall be shown for all
transmission lines, water or oil and gas pipelines, irrigation ditches and canals.
(Department of Planning Services)
6. Show and label all recorded easements and rights -of -way on the map by book and
page number or reception number and date. (Department of Planning Services)
7. Show the floodplain and floodway (if applicable) boundaries on the map. Label the
floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or
appropriate study. (Department of Planning Services - Floodplain)
USR18-0094
Kerr-McGee Gathering, LLC
Saint Vrain - Latham - Hambert Pipeline
Page 8 of 14
8. County Roads 23, 25, 29, 31, 33, 36, and 38 are gravel roads and are designated on
the Weld County Functional Classification Map as local roads which require 60 feet of
right-of-way at full buildout. The applicant shall delineate on the site plan the existing
rights -of -way. All setbacks shall be measured from the edge of right-of-way. These
roads are maintained by Weld County. (Department of Public Works)
9. County Road 21 is a section line road. Section line right-of-way does not exist in all
sections in Weld County and should be verified before a decision to utilize it is made.
Weld County commonly refers to these as "Non -Maintained Section Line Right -of -
Way." The existence of a physical road does not imply public right-of-way and the
road may be located on private property. All right-of-way should be verified and
physical roads located in relationship to the public right-of-way to ensure trespassing
does not occur. The applicant shall verify the existing right-of-way and the documents
creating the right-of-way and this information shall be noted on the site plan or plat.
The applicant shall delineate on the site map or plat the existing right-of-way and
physical location of roads to be used. If the right-of-way cannot be verified it shall be
dedicated or an adequate easement between property owners shall be provided.
Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III,
Section 23-3-50, the required setback is measured from the future right-of-way line.
Be aware that physical roadway many not be centered in the right-of-way. This road
is NOT maintained by Weld County. (Department of Public Works)
10. County Road 35 is a gravel road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full
buildout. The applicant shall delineate on the site plan the future and existing right-of-
way. All setbacks shall be measured from the edge of future right-of-way. This road is
maintained by Weld County. (Department of Public Works)
11. County Roads 19 1/2 and 34 are paved roads and are designated on the Weld County
Functional Classification Map as collector roads which require 80 feet of right-of-way
at full buildout. The applicant shall delineate on the site plan the future and existing
rights -of -way. All setbacks shall be measured from the edge of future right-of-way.
These roads are maintained by Weld County. (Department of Public Works)
12. Show and label the section line Right -of -Way as "CR 27 Section Line Right -Of -Way,
not County maintained." (Department of Public Works)
13. Show and label the existing and future right-of-way width for Highway 85 with
reception number and recording date and show the approved Colorado Department
of Transportation (CDOT) access(es) on the site plan and label with the approved
access permit number, if applicable. (Department of Public Works)
14. Show and label the approved permanent access locations on the site plan, if
applicable. The applicant must obtain an access permit in the approved locations
prior to construction. (Department of Public Works)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a Mylar map along with all other
documentation required as Conditions of Approval. The Mylar map shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar map and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution. The applicant shall
be responsible for paying the recording fee. (Department of Planning Services)
USR18-0094
Kerr-McGee Gathering, LLC
Saint Vrain - Latham - Hambert Pipeline
Page 9 of 14
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
map not be recorded within the required one hundred twenty (120) days from the date of the
Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added
for each additional three (3) month period. (Department of Planning Services)
4. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to construction of the
pipeline. (Department of Public Works)
B. The applicant shall submit evidence of a right-of-way permit for any work that may be
required in the right-of-way and/or a special transport permit for any oversized or overweight
vehicles that may access the site. (Department of Public Works)
C. If more than one (1) acre is to be disturbed for construction of non -pipeline items, a Weld
County grading permit will be required. (Department of Public Works)
D. A Flood Hazard Development Permit is required to install pipelines in the 100 -year floodplain.
(Department of Planning Services - Floodplain)
6. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the Office of
Emergency Management and the Fire District. The plan shall be reviewed on an annual basis
by the Facility operator, the Fire District and the Weld County Office of Emergency
Management. Submit evidence of acceptance to the Department of Planning Services.
(Department of Planning Services)
7. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review map is ready to be recorded in the office
of the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. (Department of Planning Services)
USR18-0094
Kerr-McGee Gathering, LLC
Saint Vrain - Latham - Hambert Pipeline
Page 10 of 14
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Kerr-McGee Gathering, LLC
Saint Vrain - Latham - Hambert Pipeline
USR18-0094
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0094, for two (2)
greater than 12 -inch high pressure natural gas pipelines (9.86 mile 24 -inch high pressure natural gas
pipeline originating at the Saint Vrain Compressor Station 1MUSR17-14-0013 and terminating at the
Latham Cryogenic Processing Plant USR18-0019 and a 2.36 mile 16 -inch high pressure natural gas
pipeline originating at the Hambert Compressor Station AMUSR-355 and terminating at the Latham
Cryogenic Processing Plant USR18-0019, in the A (Agricultural) Zone District, subject to the
Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15th of any given year signed by representatives for the Fire District
and the Weld County Office of Emergency Management to the Department of Planning Services.
(Department of Planning Services)
4. The property owner shall control noxious weeds on the site. (Department of Public Works)
5. During construction, the accesses to the pipeline corridor shall be maintained to mitigate any impacts
to the public road including damages and/or off -site tracking. (Department of Public Works)
6. During construction, there shall be no parking or staging of vehicles on public roads. On -site parking
will be utilized. (Department of Public Works)
7. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works)
8. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not
be the responsibility of Weld County. (Department of Public Works)
9. Any oil and gas pipeline crossing a Weld County road shall be bored at a minimum depth of ten (10)
feet. This depth shall be measured below the lowest roadside ditch flowline elevation to the crown of
the pipe, and for the full width of the future right of way. (Department of Public Works)
10. With exception of perpendicular crossings, oil and gas pipelines are not to be located within Weld
County right of way or future right of way. (Department of Public Works)
11. Any damage occurring to the County right-of-way or County maintained roadway, caused by the
pipeline, will be the responsibility of the operator. (Department of Public Works)
12. The historical flow patterns and runoff amounts on site will be maintained. (Department of Public
Works)
13. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map. Any development shall comply with all applicable Weld County requirements,
Colorado Water Conservation Board requirements as described in Rules and Regulations for
Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR
parts 59, 60, and 65. The FEMA definition of development is any man-made change to improved or
USR18-0094
Kerr-McGee Gathering, LLC
Saint Vrain - Latham - Hambert Pipeline
Page 11 of 14
unimproved real estate, including but not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation, drilling operations, or storage of equipment and materials.
(Department of Planning Services - Floodplain)
14. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain boundary
has been modified. (Department of Planning Services - Floodplain)
15. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
16. During construction, no permanent disposal of wastes shall be permitted at this site. This is not meant
to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes
Disposal Sites and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
17. During construction, waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions.
The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code.
(Department of Public Health and Environment)
18. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the pipeline and until ground cover is established. Uses on the property shall comply
with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and
Environment)
19. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
Application and obtain a permit from the Air Pollution Control Division, Colorado Department of Public
Health and Environment, as applicable. (Department of Public Health and Environment)
20. During construction, adequate toilet facilities and handwashing units shall be provided. Portable
toilets are acceptable. Portable toilets shall be serviced by a cleaner licensed in Weld County and
shall contain hand sanitizers. (Department of Public Health and Environment)
21. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
22. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2012 International Codes, 2006 International Energy
Code, and 2017 National Electrical Code. A Building Permit Application must be completed and two
(2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado
registered engineer shall be required or an Open Hole Inspection. (Department of Building Inspection)
23. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
24. During construction, necessary personnel from the Weld County Departments of Planning Services,
Public Works, and Public Health and Environment shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Conditions of Approval and Development Standards stated herein and all applicable Weld County
regulations.
25. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans
or Development Standards, as shown or stated, shall require the approval of an amendment of the
USR18-0094
Kerr-McGee Gathering, LLC
Saint Vrain - Latham - Hambert Pipeline
Page 12 of 14
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.
26. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners.
27. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy; (b) the populous counties of the
state face a critical shortage of such deposits; and (c) such deposits should be extracted according to
a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these
areas must recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these resources
are protected property rights and mineral owners should be afforded the opportunity to extract the
mineral resource.
28. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in
total market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town. Along with the drawbacks come the incentives
which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city
noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those
features which attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and county roads outside of municipalities. The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than on
patrols of the County, and the distances which must be traveled may delay all emergency responses,
including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who
USR18-0094
Kerr-McGee Gathering, LLC
Saint Vrain - Latham - Hambert Pipeline
Page 13 of 14
must leave their jobs and families to respond to emergencies. County gravel roads, no matter how
often they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
USR18-0094
Kerr-McGee Gathering, LLC
Saint Vrain - Latham - Hambert Pipeline
Page 14 of 14
January 08, 2019
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mhall@weldgov.com
PHONE: (970) 400-3528
FAX: (970) 304-6498
PETITE SAMANTHA
1099 18TH ST
DENVER, CO 80202
Subject: USR18-0094 - A Site Specific Development Plan and Use by Special Review Permit for two (2)
greater than 12 -inch high pressure natural gas pipelines (9.86 mile 24 -inch high pressure natural gas
pipeline originating at the Saint Vrain Compressor Station 1MUSR17-14-0013 and terminating at the
Latham Processing Plant USR18-0019 and a 2.36 mile 16" high pressure natural gas pipeline
originating at the Latham Processing Plant USR18-0019 and terminating at the Hambert Processing
Facility AM USR-355), in the A (Agricultural) Zone District.
On parcel(s) of land described as:
The Pipeline will cross Sections 15, 10, 11, and 12, of T3N, R67W and Sections 7, 8, 9, 10, 2, 3, and 1
of T3N, R66W and Section 36, T4N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on February 5, 2019, at 10:00
a.m. A subsequent hearing with the Board of County Commissioners will be held on February 20, 2019
at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.orq
If you have any questions concerning this matter, please call.
Respe9aully,
//X
i
Michael Hall
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mhall@weldgov.com
PHONE: (970) 400-3528
FAX: (970) 304-6498
September 26, 2018
PETITE SAMANTHA
1099 18TH ST
DENVER, CO 80202
Subject: USR18-0094 - A Site Specific Development Plan and Use by Special Review Permit for two (2)
greater than 12 -inch high pressure natural gas pipelines (9.86 mile 24 -inch high pressure natural gas
pipeline originating at the St. Vrain Compressor Station 1MUSR17-14-0013 and terminating at the
Latham Processing Plant USR18-0019 and a 2.36 mile 16" high pressure natural gas pipeline
originating at the Latham Processing Plant USR18-0019 and terminating at the Hambert Processing
Facility AM USR-355), in the A (Agricultural) Zone District.
On parcel(s) of land described as:
The Pipeline will cross Sections 15, 10, 11, and 12, of T3N, R67W and Sections 7, 8, 9, 10, 2, and 3 of
T3N, R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Gilcrest at Phone Number 970-737-2426
Johnstown at Phone Number 970-587-4664
Milliken at Phone Number 970-587-4331
Platteville at Phone Number 970-785-2245
Mead at Phone Number 970-535-4477
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respeully,
//V
Michael Hall
Planner
j /
Michael Hall
From:
Sent:
To:
Cc:
Subject:
Attachments:
Follow Up Flag:
Flag Status:
Petite, Samantha <Samantha.Petite@anadarko.com>
Monday, February 04, 2019 4:17 PM
Michael Hall
Keiser, Nathan
USR 18-0094 Updated Drawings
ST_VRAIN_USR_COMBINED_BW_20190201.pdf
Follow up
Flagged
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Dear Michael,
Per your previous request the USR18-0094 Drawings for the St. Vrain to Latham-Hambert Pipeline have been updated to
reflect the Ludwig parcel route realignment. The reason for moving forward with this realignment are as follows:
1. The realignment assists the current surface owner and moves our pipeline further away from the property
owners to the north. Additionally it reduces the amount of pipelines located within a crowded pipeline corridor.
We have worked with the surface owner to ensure that he can continue to operate farming equipment.
2. Based on a current assessment of the route, this realignment does not require additional surrounding property
owner notices.
3. The crossing list is also not affected by this realignment.
Please find the updated drawings attached to this email and let me know if you have any questions.
Thank you!
Samantha Petite
Anadarko Petroleum Corporation
Municipal Planning Analyst
(720) 929-3167
samantha.petite@anadarko.com
1
Hello