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Home My WebLink About20190529.tiffEXHIBIT INVENTORY CONTROL SHEET Case USR18-0107 — KERR-MCGEE GATHERING, LLC Exhibit Submitted By Description A Planning Commission Resolution of Recommendation B Planning Commission Summary of Hearing (Minutes dated 01/15/2019) C Planning Services D E F G H I J K L M N O P Q R S T U V W PowerPoint Presentation 2019-0537 BEFORE THE WELD COUNTY, COLORADO. PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Gene Stifle, 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. USR18-0107 KERR MCGEE GATHERING. LLC ANGELA SNYDER A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A GREATER THAN 12 -INCH HIGH PRESSURE NATURAL GAS PIPELINE (24 -INCH NATURAL GAS PIPELINE) APPROXIMATELY 7.5 MILES IN LENGTH IN THE A (AGRICULTURAL) ZONE DISTRICT_ THE PIPELINE WILL CROSS SECTIONS 6. 7. 8. 9.10. AND 15. T3N. SECTIONS 1819. 30 AND 31, T4N. ALL IN R67W OF THE 6TH P.M.. WELD COUNTY. COLORADO EAST OF CR 13. SOUTH OF CR 46. WEST OF CR 19.5. NORTH OF CR 32.5. be recommended favorably to the Board of County Commissioners for the following reasons: 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. All soils removed for installation of the pipeline will be returned to their original location and will not be moved offsite. Kerr-McGee Gathering indicates that they will repair and/or replace any facilities damaged or removed during the placement of the pipeline. 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 the Saint Vrain Creek. If the pipeline becomes obsolete. a decommissioning plan submitted with the application will be followed. 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 Berthoud, Firestone. Johnstown, Mead. Milliken, and Platteville. No referral responses were received. Little Thompson Water District and Front Range Fire Rescue each returned referral responses with conditions that have been incorporated into Conditions of Approval or Development Standards. Central Weld County Water District did not have any conditions or concerns with the project. C. Section 23-2-480.A.3 — The design of the proposed pipeline mitigates negative impacts on the surrounding area to the greatest extent feasible. The applicant indicates that many private easements (rights -of -way without fee ownership) have been negotiated for the pipeline with private land owners. The pipeline route minimizes environmental surface impacts. The pipeline will cross under the County maintained roads and the Saint Vrain Creek floodplain. In a referral received from the Weld County Floodplain Planner, dated October 23, 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. No comments were received from surrounding property owners. 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. RESOLUTION USR18-0107 KERR MCGEE GATHERING, LLC PAGE 2 The Conditions of Approval and Development Standards will ensure that there is no fugitive dust or erosion and will ensure the control of noxious weeds Best Management Practices (BMPs) will be required for all construction areas, including erosion control methods, dust suppression, et cetera E Section 23-2-480 A 5 -- The applicant has agreed to implement any reasonable measures deemed necessary by the Board of County Commissioners to ensure that the health, safety and welfare of the inhabitants of the County will be protected, and to mitigate or minimize any potential adverse impacts from the proposed pipeline The applicant has proposed a number of measures to mitigate impacts from the pipeline including the boring beneath County roads to avoid damage to the road surface or disruption to traffic flow, if surface waterbodies will be crossed by the pipeline either by boring beneath the bed of the waterbody, or by utilizing an open -cut crossing method If the open -cut crossing method is used, BMPs will be installed to protect the waterbody from erosion or sediment runoff, tracking pads will be utilized where heavy equipment is required to cross roads to prevent damage to the road surface, topsoil will be segregated from subsoil during grading activities All pipelines will be compliant with the Department of Transportation (DOT) requirements The pipeline trench will be excavated mechanically, pipe segments will then be strung along the ditch line and then welded together using welders and weld procedures qualified under the requirements of the Code of Federal Regulations, each weld will be examined utilizing industry standard non-destructive examination, or x-ray, procedures by qualified technicians, the coating on the pipeline will be inspected for damage and repaired as necessary and then the line(s) will be lowered into the trench and backfilled The pipeline(s) will subsequently be pressure tested using water (hydrostatically tested) to industry regulations The transportation of natural gas via pipeline is generally safer than other potential modes of transport There is some small risk of an accident in which the integrity of the pipeline may be compromised resulting in a release of natural gas or natural gas liquids Wet natural gas contains condensed forms of heavier natural gas liquids and produced water and is considered both flammable and combustible Dry natural gas is a clean burning fuel source, also considered both flammable and combustible In general, signs of a pipeline leak, include dead or discolored vegetation that is otherwise green along the pipeline right-of-way, along with pools of liquid or clouds of vapor or mist not usually present Kerr-McGee Gathering will clearly mark the pipeline centerline with markers placed at line of site intervals and at all road crossings The markers will clearly identify the pipeline and will provide a telephone number and address where a company representative can be reached in 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 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- RESOLUTION USR18-0107 KERR MCGEE GATHERING, LLC PAGE 3 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 corridor negotiated through agreements with private property owners. 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. A Cultural Resource Inventory prepared by Tetra Tech, Inc. consultants dated September 2018, for the Johnstown to Saint Vrain Pipeline Project 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. History Colorado did not return a referral response indicating they had no conflicts with the project. 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 November 14, 2018. A drainage plan will be not be required for this project. Section 1.A.5 of the drainage criteria provides an exception for pipelines and transmission lines. 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. RESOLUTION USR18-0107 KERR MCGEE GATHERING, LLC PAGE 4 The Planning Commission recommendation for approval is conditional upon the following: 1. Prior to recording the map: A. A Road Maintenance Agreement is required during the construction of the pipeline. Road maintenance may include dust control, tracking control, damage repair attributable to construction of the pipeline and located within 1/2 mile of any construction access point for the project. (Department of Public Works) B. The applicant shall address the concerns of Little Thompson Water District, as stated in the referral response dated October 26, 2018. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) C. The applicant shall address the concerns of Front Range Fire Rescue, as stated in the referral response dated October 11, 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 Great Western Railroad crossing agreement provide evidence of reasonable accommodation to meet the needs of the agency. (Department of Planning Services) E. Submit evidence of the Highland Ditch Company (Farmers Extension Canal) crossing agreement or provide evidence of reasonable accommodation to meet the needs of the agency. (Department of Planning Services) F. The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR18-0107 (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. County Road 44 is a gravel 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 15 is a gravel 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) 8. County Road 40 Section Line is unmaintained section line right-of-way per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-way on the site plan. Show and label the section line Right -of -Way as "CR 40 Section Line Right- RESOLUTION USR18-0107 KERR MCGEE GATHERING, LLC PAGE 5 Of -Way, not County maintained." All setbacks shall be measured from the edge of right- of-way. (Department of Public Works) 9. County Road 38 is a paved 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 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) 10. County Road 36 is a gravel 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) 11. County Road 17 is a paved road and is designated on the Weld County Functional Classification Map as a arterial road which requires 140 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) 12. County Road 34 is a paved 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 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) 13. County Road 19 Section Line is shown to have 30 feet of unmaintained section line right- of-way per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-way on the site plan. Show and label the section line Right -of -Way as "CR 19 Section Line Right -Of -Way, not County maintained." All setbacks shall be measured from the edge of right-of-way. (Department of Public Works) 14. Show and label the approved construction and permanent 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) 15. 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) 16. Show and label all recorded easements on the map by book and page number or reception number and date. (Department of Planning Services) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each RESOLUTION USR18-0107 KERR MCGEE GATHERING, LLC PAGE 6 additional three (3) month period. (Department of Planning Services) 4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to mapsaco.weld.co.us. (Department of Planning Services) 5. Prior to Construction: A. The approved access and tracking control shall be constructed prior to construction of the pipeline. (Department of Public Works) B. The applicant shall submit evidence of a right-of-way permit for any work that may be required in the right-of-way and/or a special transport permit for any oversized or overweight vehicles that may access the site. (Department of Public Works) C. If more than one (1) acre is to be disturbed for construction of non -pipeline items, a Weld County grading permit will be required. (Department of Public Works) D. A Flood Hazard Development Permit is required to install pipelines in the 100 -year floodplain. (Department of Planning Services - Floodplain) 6. Prior to Operation: A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility operator, the Fire District and the Weld County Office of Emergency Management. Submit evidence of acceptance to the Department of Planning Services. (Department of Planning Services) 7. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. (Department of Planning Services) Motion seconded by Bruce Johnson. VOTE: For Passage Bruce Johnson Bruce Sparrow Michael Wailes Tom Cope Gene Stille Lonnie Ford Richard Beck Against Passage Absent Elijah Hatch Skip Holland 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. RESOLUTION USR18-0107 KERR MCGEE GATHERING, LLC PAGE 7 CERTIFICATION OF COPY I, Michelle Wall, 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 January 15, 2019. Dated the 15th of January, 2019 Michelle Wall Secretary RESOLUTION USR18-0107 KERR MCGEE GATHERING, LLC PAGE 8 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Kerr-McGee Gathering, LLC Johnstown to Saint Vrain Pipeline USR18-0107 1. A Site Specific Development Plan and Special Review Permit, USR18-0107, for a greater than 12 -inch (24 -inch) high pressure natural gas pipeline approximately seven and one-half (7.5) miles long in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The property owner or operator shall provide written evidence of an approved Emergency Action and Safety Plan on or before March 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. (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 maintained or unmaintained County road right-of-way shall be bored a minimum depth of ten (10) feet, subject to approval or modification by the Department of Public Works based on engineering and safety standards and existing utilities in the right-of-way. This depth shall be measured below the lowest roadside ditch flowline elevation to the crown of the pipe, and for the full width of the future right of way. (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. 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) RESOLUTION USR18-0107 KERR MCGEE GATHERING, LLC PAGE 9 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 boundary has been modified. (Department of Planning Services - Floodplain) 14. 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) 15. 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) 16. 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) 17. 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) 18. 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) 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 Public Health and Environment) 20. 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) 21. 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) 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. 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. 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 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. RESOLUTION USR18-0107 KERR MCGEE GATHERING, LLC PAGE 10 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 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. 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, but also for the protection of the farmer's livelihood. PC ,vliau.-fe8 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, January 15. 2019 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street. Greeley, Colorado. This meeting was called to order by Chair. Michael Wailes. at 12:30 pm. Roll Call. Present: Michael Wailes. Bruce Sparrow. Bruce Johnson Gene Stifle. Tom Cope. Lonnie Ford. Richard Beck. Absent: Elijah Hatch. Skip Holland. Also Present Kim Ogle, Chris Gathman. Diana Aungst. Michael Hall. Angela Snyder, Department of Planning Services: Lauren Light and Ben Frissell. Department of Health. Evan Pinkham, Mike McRoberts and Hayley Balzano. Public Works. Frank Haug. County Attorney, and Michelle Wall. Secretary. Motion: Approve the December 18 2018 Weld County Planning Commission minutes. Moved by Gene Stifle, Seconded by Bruce Sparrow. Motion passed unanimously. CASE NUMBER USR18-0107 APPLICANT KERR MCGEE GATHERING. LLC PLANNER ANGELA SNYDER REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A GREATER THAN 12 -INCH HIGH PRESSURE NATURAL GAS PIPELINE (24 -INCH NATURAL GAS PIPELINE) APPROXIMATELY 7.5 MILES IN LENGTH IN THE A (AGRICULTURAL) ZONE DISTRICT. LEGAL DESCRIPTION THE PIPELINE WILL CROSS SECTIONS 6. 7. 8, 9.10. AND 15, T3N. SECTIONS 18 19. 30. AND 31. T4N ALL IN R67W OF THE 6TH P.M., WELD COUNTY COLORADO LOCATION EAST OF CR 13. SOUTH OF CR 46 WEST OF CR 19.5. NORTH OF CR 32.5. Angela Snyder Planning Services, presented Case USR18-0107. reading the recommendation and comments into the record. The Department of Planning Services recommends approval of this application with the attached conditions of approval and development standards. Hayley Balzano, Public Works, reported on the existing traffic. access to the site and drainage conditions for the site. Lauren Light. Environmental Healthreviewed the public water and sanitary sewer requirements. on -site dust control. and the Waste Handling Plan. Nathan Keiser, Anadarko Petroleum Corporation. 1099 18t Street, Suite 1800. Denver. Colorado. Mr. Keiser stated the applicant is proposing a 24" high-pressure natural gas pipeline connecting the existing St. Vrain Compressor Station to the proposed Johnstown Compressor Station. Mr. Keiser explained the applicant has 4 different well locations in the Johnstown area that have a total of 43 wells. Commissioner Sparrow said he noticed the pipeline has a lot of curves and wondered if that was to pick up wells heads or to get easements. Mr. Keiser said the reason would be to get to the other compressor station and the way they had to get there from a right-of-way acquisition standpoint. Commissioner Johnson asked the applicant if all the surface owners have signed easement agreements. Mr. Keiser answered they have and that they are currently negotiating with ditch companies and Public Works to get crossing agreements completed. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chair asked the applicant if they have read through the Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion: Forward Case USR18-0107 to the Board of County Commissioners along with the Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Gene Stille, Seconded by Bruce Johnson. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Bruce Johnson, Bruce Sparrow, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Tom Cope. Meeting adjourned at 5:05 pm. Respectfully submitted, --Inecsueee, Weree- Michelle Wall Secretary ATTENDANCE RECORD NAME - PLEASE PRINT LEGIBLY ADDRESS EMAIL John Doe 123 Nowhere Street, City, State, Zip ...- tibia .... 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