HomeMy WebLinkAbout20190261.tiffMEMORANDUM
TO: Kim Ogle, Planning Services
FROM: Evan Pinkham, Public Works
DATE: October 15, 2018
SUBJECT: USR18-0093 Discovery Pipeline
The Weld County Department of Public Works has reviewed this proposal. Staff comments made during
this phase of the application process may not be all-inclusive, as other issues may arise during the
remaining application process.
COMMENTS
GENERAL PROJECT INFORMATION/LOCATION
Project description: A Site Specific Development Plan and Special Review Permit for a greater than 12 -
inch, (24 -inch high pressure natural gas) pipeline approximately nine and one -quarter (9.25) miles long in
the A (Agricultural) Zone District.
ACCESS
Per Chapter 12, Article 5, Section 12-5-30, an Access Permit is required for access to Weld County
maintained roadways. We strongly encourage you to discuss your access with Public Works prior to laying
out your site plan to ensure the approved accesses are compatible with your layout.
For new accesses and/or change of use of an existing access, the fee and photos are required (photo
looking left and right along roadway from the access point and looking in to and out of the access point).
These photos are used to evaluate the safety of the access location. Access permit instructions and
application can be found at https://www.weldgov.com/departments/public works/permits/. Chapter 6,
Sections 6.3, 6.4 and 6.5 of the Weld County Engineering and Construction Criteria offer access design
guidance, which can be accessed at: https://www.weldgov.com/departments/public works/engineering/.
ROADS AND RIGHTS -OF -WAY
County Roads 6, 8, 10, 14, 18, and 63 are gravel roads and are designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as local roads, which requires 60 feet of right-of-way. The
applicant shall delineate on the site map or plat the future and existing right-of-way and the physical location
of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback
in the Weld County Code, Chapter 23, Article Ill, Section 23-3-50, the required setback is measured from
the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This
road is maintained by Weld County.
County Road 16 1/2 is a paved road and is designated on the Weld County Functional Classification Map
(Code Ordinance 2017-01) as a(n) collector road, which requires 80 feet of right-of-way. The applicant shall
delineate on the site map or plat the future and existing right-of-way and the physical location of the road.
If the right-of-way cannot be verified it shall be dedicated. 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 roadways may not be centered in the right-of-way. This road is
maintained by Weld County.
County Roads 16 and 61 are section line roads. 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 locations 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 existing or proposed roads. 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 the physical roadway(s) may not
be centered in the right-of-way. This road is NOT maintained by Weld County.
This portion of County Road 398 is under the jurisdiction of the City or Town (municipality) of Keenesburg.
The municipality has jurisdiction over access to the road. Please contact the municipality to verify the
access permit or for any additional requirements that may be needed to obtain or upgrade the permit.
The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to state highways.
Please contact Tim Bilobran at the Greeley office (970-350-2163) to verify the access permit or for any
additional requirements that may be needed. (State Highway 52)
Per Chapter 12, Article 4, Section 12-4-30.B, a Weld County Right -of -Way Use Permit is required for any
project that will be occupying, constructing or excavating facilities within, and/or encroaching upon, any
County rights -of -way or easement. Pipelines crossing a county road shall obtain a Right -of -Way Permit and
possibly a Special Transport Permit. Pipelines crossing county roads shall be bored, unless otherwise
approved by Public Works. Right -of -Way Use Permit instructions and application can be found at
https://www.weldgov.com/departments/publicworks/permits/.
Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate
existing utilities within the County right-of-way.
TRACKING CONTROL POLICY
Per Chapter 12, Appendix 12A.10.1, traffic volumes to the proposed facility may require the installation of
a tracking control device and/or a minimum of four inches of compacted recycled asphalt or aggregate road
base. Tracking control is required to prevent tracking from the site onto public roadways. Temporary
Tracking Control shall be used during construction unless permanent tracking control is installed ahead of
construction activities. Recycled concrete is not allowed in County right-of-way. Tracking control devices
can be double cattle guards or rip rap (6" washed rock). Tracking control for unmaintained public right-of-
way is required just prior to entering publicly maintained roadways. A variance request for alternatives to
the tracking control requirement can be submitted to Public Works for review and consideration.
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT
Public Works may require an Improvements Agreement for one or all the following reasons:
• Off -Site Public Improvements
• Road Maintenance Agreement
• Construction Maintenance Agreement
• Access Improvements Agreement
An Improvements Agreement is required for sites with required off -site improvements per Chapter 12,
Article 5, Section 12-5-60. Collateral is required to ensure the improvements are completed and maintained.
Improvements/Road Maintenance Agreement: An example agreement is available at:
https://www.weldgov.com/UserFiles/Servers/Server 6/File/Departments/Public%20Works/DevelopmentR
eview/sprusr.pdf. It will detail the approved haul route(s), outline when off -site improvements will be
triggered, and include a maintenance agreement for the haul routes. Possible mitigations included in the
road maintenance agreement may include but are not limited to: dust control, specified haul routes, damage
repairs, and future improvement triggers.
DRAINAGE REQUIREMENTS
Pipelines are excepted from the requirements of a drainage report and detention pond design under 23-12-
30.F.1.a.5 for pipelines or transmission lines.
GRADING PERMIT
If more than 1 acre is to be disturbed for construction of non -pipeline or non -gravel pit items such as
structures, parking lots, laydown yards etc..., a Weld County grading permit will be required prior to the
start of construction. Grading Permit applications are accepted after the planning process is complete (plan
recorded). An Early Release Request Form may be entertained only after the applicant, Public Works and
Planning Department have reviewed the referral and surrounding property owner comments. The Early
Release Request may or may not be granted depending on referral comments and surrounding property
owner concerns. Contact an Engineering representative from the Public Works for more information.
CONDITIONS OF APPROVAL
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 plan shall be amended to delineate the following:
1. County Roads 6, 8, 10, 14, 18, and 63 are gravel roads and are designated on the Weld County
Functional Classification Map (Code Ordinance 2017-01) as local roads, which requires 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)
2. County Road 16 1/2 is a paved road and is designated on the Weld County Functional Classification
Map (Code Ordinance 2017-01) as a(n) 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)
3. County Roads 16 and 61 are section line roads. Section Line is shown to have 60 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. All setbacks shall be measured from the
edge of right-of-way. (Department of Public Works)
4. 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)
5. 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)
6. Show the approved Municipality of Keenesburg access(es) on the site plan and label with the
approved access permit number if applicable. (Department of Public Works)
7. Show and label the section line Rights -of -Way as "CR 16 Section Line Right -Of -Way, not County
maintained." and "CR 61 Section Line Right -Of -Way, not County maintained." (Department of
Public Works)
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)
Prior to Operation:
DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN)
1. The property owner shall control noxious weeds on the site. (Department of Public Works)
2. 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)
3. During construction, there shall be no parking or staging of vehicles on public roads. On -site parking
will be utilized. (Department of Public Works)
4. 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)
5. 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)
6. 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)
7. 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)
8. The historical flow patterns and runoff amounts on site will be maintained. (Department of Public Works)
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 wv w.weldhealth.org
Memorandum
To: Kim Ogle
From: Lauren Light, Environmental Health Services
Date: September 27, 2018
Re: USR18-0093 Discover DJ Services, LLC
Environmental Health Services has reviewed this proposal for a Site Specific
Development Plan and Use by Special Review Permit for a greater than 12 -inch, (24 -
inch high pressure natural gas) pipeline approximately nine and one -quarter (9.25)
miles long in the A (Agricultural) Zone District.
Permanent water and sewer is not required as this request is a temporary construction
use. Portable toilets and bottled water can be utilized during construction of the
pipeline. If the amount of disturbed area exceeds 25 acres an Air Pollution Emission
Notice (APEN) is required.
We have no objections to the proposal; however, we do recommend that the following
requirements be incorporated into the permit as development standards:
1. 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.
2. 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.
3. 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.
4. Fugitive dust and fugitive particulate emissions shall be controlled throughout
the duration of construction of the pipeline and until ground cover is established.
Health Administration
Vital Records
Icic: 9/U 304 6410
Fax: 9/U -3U1-6112
Public Health &
Clinical Services
Icic: 9/0 304 6420
Fax: 9 /0-304-6416
Environmental Health
Services
Tele: 970-304-6415.
Fax. 970-304-6411
Communication,
Education & Planning
Tele: 970-304-5470
Fax: 970-304-6452
Emergency Preparedness
& Response
Tele: 970-304-6470
Fax: 970-3O4-6452
Public Health
Uses on the property shall comply with the Colorado Air Quality Commission's
air quality regulations.
5. 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.
6. 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.
7. The operation shall comply with all applicable rules and regulations of the State
and Federal agencies and the Weld County Code.
PROJECT:
MEMORANDUM
TO: Kim Ogle DATE: October 1, 2018
FROM: Diana Aungst, CFM
SUBJECT: USR18-0093, Discovery DJ Services
A Site Specific Development Plan and Special Review Permit for a greater than 12 -inch, (24 -inch high
pressure natural gas) pipeline approximately nine and one -quarter (9.25) miles long in the A (Agricultural)
Zone District
PARCELs: Multiple
PRIOR TO CONSTRUCTION:
1. A Flood Hazard Development Permit is required to install pipelines in the 100 -year floodplain.
(Department of Planning Services - Floodplain)
DELINEATE ON THE PLAT:
1. 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)
DEVELOPMENT STANDARDS:
1. 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)
2. 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)
1.4; OFFICE of ARCHAEOLOGY and HISTORIC PRESERVATION
Kris Ranslem, Dr: 7,4 r
Planning Tech
Weld County Department of Planning Set -vices
1555 N 17th Ave.
Greeley, CO 80631
OCT 2010
WOO
Cirdi LLY UFI"'lcl.,
Re: Referral Processing, Discovery DJ Services, LLC 24 Inch High Pressure Natural Gas Pipeline, USR18-0093, Weld County
(HC: #74982)
OCT 0 1 POR
Dear Ms. Ranslem:
Thank you for your correspondence dated September 17, 2018, received by our office on September 24, 2018 regarding the
above listed subject matter. A search of the Colorado cultural resource inventory database indicated four previously recorded site
within the proposed project area. Our comments are provided in accordance with the Colorado State Register Act (Colorado Revised
Statute (CRS) 24-80.1).
Site No.: National Register Eligibility:
5W] .1423.33
SW] .1423.36
5W].7719
5W1,3154.2
Supports Kligibility
Supports Ftligibility
No Assessment
Does not support eligibility
Name/Type: Recording or Assessment:
BURLINGTON NORTI IF'sRN RAILROAD - SIX 1[IiN'l'
BURLINGTON AND MISSOURI RIVI'•R RAILROAD- Sl:cMl N'1'
BRNAK l'•1R1IS (c:f?Nl'I'NM Al. I' 1RNI)
IlOY'[•'['C) 1`I?RRYSL1tlJ"I" 1'RANSMlSS1ON ].INI? - XI MINT
2013 ( Isscssmcnt)
2014 (Assessment)
2013 (Rccurcling
2013 ( lsscssmcnt)
Please understand that our files contain incomplete information for this area, as most of Colorado has not been inventoried For
cultural resources. As a result, there is the possibility that as yet unidentified cultural resources exist within the proposed project
area.
As you may also know under federal law, our office takes on a formal consulting role on projects that have the potential to affect
historic properties (such as buildings and archaeological sites), If this project includes Federal involvement (funding, permits
and/or land), Section 106 of the National Historic Preservation Act (16 U.S.C. 470) requires federal agencies to meet the
requirements of as set forth in 36 CFR 800 ("Protection of Historic Properties") and the lead federal agency is legally responsible
for all required findings and determinations of National Register of Historic Places (NRHP) eligibility and project effects (36
CFR 800.2(a) (3)). Under State Law, should human remains be discovered during project activities, the requirements under
C.R.S. 24-80 (part 13) apply and must be followed.
Thank you for the opportunity to comment. If we may be of further assistance, please contact Todd McMahon, Staff
Archaeologist at (303) 866-4607/ iodd.ntamilion@statc,co.us
Sincerely,
,:<:7_,(0,e,../
Steve Turner, AI
State Historic Preservation Officer
ST/TCM
OFFICE OF ARCHAEOLOGY AND HISTORIC PRESERVATION
303-866-3392 * Fax 303-866-2711 * E-mail: oahp@state.co.us * Internet: www.historycolorado,org
COLORADO
Parks and Wildlife
Department of Natural Resources
Area 2 - Lon Hagler
4207 W CR16E
Loveland, Co 80537
P 970.472.4460 I F 970.472.4468
October 12, 2018
Mr. Kim Ogle
Weld County Planning Department
1555 N. 17th Ave.
Greeley, CO 80631
kogle@weldco.gov
Re: USR18-0093- Keenesburg Pipeline- T2N R63W Sec. 17,18,19,20, 30,31, T1N R63W Sec.
6,7,18,30, and T1 N R64W Sec. 25.
Dear Mr. Ogle:
Thank you for the opportunity to comment on the proposed Keenesburg natural gas pipeline
that connects from a pipeline near Horse Creek Reservoir and runs approximately 9 miles
north and east of Keenesburg.
The mission of CPW is to perpetuate the wildlife resources of the state, to provide a quality
state parks system, and to provide enjoyable and sustainable outdoor recreation opportunities
that educate and inspire current and future generations to serve as active stewards of
Colorado's natural resources. CPW has a statutory responsibility to manage all wildlife species
in Colorado, and to promote a variety of recreational opportunities throughout Colorado. One
way we achieve this goal is by responding to referral comment requests, as is the case for this
project.
CPW has performed a biological assessment of the pathway for the proposed pipeline. Much of
the landscape that the pipeline follows is agriculture in nature including crop fields and
grassland pastures. Throughout this landscape there are mature trees that provide nesting
habitat for a variety of raptors (etc. hawks, eagle, and owls). The areas of concern in particular
include T1 N R63W Sec. 18 and T2N R63W Sect. 19.
If the proposed pipeline installation occurs between February 1 and July 31st, CPW recommends
that raptor nest surveys be performed prior to project initiation and periodically as the project
progresses to completion throughout this time period. Colorado Parks and Wildlife has
developed a set of guidelines for setback or buffer zones for various species of raptors which
was developed based on the species tolerance for disturbances from human activity. These
guidelines can be found on the CPW website at:
http:Pcpw.state.co.us'llocuments!W ildlifcSpccics!LivinaWithW ildlife'RaptorBufferGuidelines2008.pdf?t
search—Raptor%20\ csting%20guidelines
Bob D. Broscheid, Director, Colorado Parks and Wildlife • Parks and Wildlife Commission: Robert W. Bray • Marie Haskett • Carrie Besnette Hauser
John Howard, Chair • Marvin McDaniel • Dale Pizel • James Vigil, Secretary • Dean Wingfield • Michelle Zimmerman, Vice -Chair • Alex Zipp
In addition, there may be noxious weeds considered to be invasive in the pathway of the
pipeline. Invasive weeds diminish habitat quality, reduce the value of the landscape, and are
costly to control. Weld County's noxious weed coordinator should be consulted to create and
implement a weed management plan along the project route. This will provide for ongoing
weed control during and after construction. To avoid spreading these weed species to other
sites and to prevent new species from being introduced all construction equipment should be
thoroughly cleaned prior to arriving on site and after construction is completed. Any re -
vegetation of sites post construction should include native grasses whenever possible.
If there are any questions or concerns or if a raptor nest is encountered in the path of
pipeline please contact District Wildlife Manager Chris Mettenbrink at 303-906-1979. We
appreciate the opportunity to comment on this project and look forward to working with you
in the future to mitigate impacts to sensitive wildlife species and habitats.
Thank you,
Kristin Cannon
Area Wildlife Manager
Cc M. Leslie, T. Kroening, C. Mettenbrink
From: Hice-Idler - CDOT, Gloria <gloria.hice-idler@state.co.us>
Sent: Monday, September 17, 2018 3:07 PM
To: Kim Ogle <kogle@weldgov.com>
Cc: Bilobran, Timothy <timothy.bilobran@state.co.us>; Allyson Mattson - CDOT
<allyson.mattson@state.co.us>
Subject: USR18-0093/DJ Discovery/Weld County/SH 52 Off system
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.
The applicant will need to obtain the appropriate permits when crossing highway
(utility permits), using an existing access, or building a new access to facilitate this
proposal.
Gloria Hice-Idler
Rocksol Consulting
(970) 381-8629
COLORADO
Ocoartmcnt of Transportation.
10601 W. 10th Street, Greeley, CO 80634
gloria.hice-idler@state.co.us www.codot.gov
System `
People Technology
Our goa!—t4 be the best DOT ROAD)
www.cotrip.org
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