HomeMy WebLinkAbout20190255.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0093, FOR A GREATER THAN 12 -INCH PIPELINE (24 -INCH HIGH
PRESSURE NATURAL GAS PIPELINE) APPROXIMATELY 9.25 MILES IN LENGTH IN
THE A (AGRICULTURAL) ZONE DISTRICT - ROCKY MOUNTAIN MIDSTREAM, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 23rd day of
January, 2019, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Rocky Mountain Midstream, LLC, 7859 Walnut Hill Lane, Suite 335,
Dallas, Texas 75230, for a Site Specific Development Plan and Use by Special Review Permit,
USR18-0093, for a greater than 12 -inch pipeline (24 -inch high pressure natural gas pipeline)
approximately 9.25 miles in length in the A (Agricultural) Zone District, on the following described
real estate, being more particularly described as follows:
The proposed pipeline crosses Sections 18, 17, 20,
19, 30, 31, Township 2 North, Range 63 West;
Sections 6, 7, 18, 19, 30, Township 1 North, Range
63 West; and Section 25, Township 1 North, Range
64 West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-490 of the Weld County Code as follows:
A. Section 23-2-490.A states: "All reasonable efforts have been made to avoid
irrigated cropland or to minimize the negative impacts on agricultural uses
and lands." The 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. Rocky Mountain Midstream, LLC,
indicated that they will repair and/or replace any facilities damaged or
removed during the placement of the pipeline. The preferred pipeline route
minimizes environmental impacts such as wetland areas, water bodies,
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and agricultural lands. The preferred route is sited on dryland grazing
lands.
B. Section 23-2-490.B states: "The pipeline will not have an undue adverse
effect on existing and future development of the surrounding area, as set
forth in applicable Master Plans." The pipeline is located within the
three (3) -mile referral area of the Town of Keenesburg and Adams County.
The Town of Keenesburg and Adams County did not return a referral
response.
C. Section 23-2-490.C states: "The design of the proposed pipeline mitigates
negative impacts on the surrounding area to the greatest extent feasible."
The applicant indicated that many private easements (rights -of -way without
Fee ownership) have been negotiated for the pipeline with private land
owners, whereas any alternative alignments would require new easements
to be negotiated and involve crossings that may result in greater
environmental impacts in certain locations. The preferred pipeline route
minimizes environmental surface impacts. The pipeline will cross under the
Public Service of Colorado (USR-1236), Colorado Department of
Transportation (CDOT), State Highway 52, the Burlington Northern railroad
tracks, and the Lost Creek Floodplain. The applicant, as a Condition of
Approval, shall submit a floodplain permit prior to installing the pipeline and
delineate the floodplain and floodway (if applicable) boundaries on the
map.
D. Section 23-2-490.D states: "The site shall be maintained in such a manner
so as to control soil erosion, dust and the growth of noxious weeds." The
Conditions of Approval and Development Standards will ensure that there
is no fugitive dust or erosion and will ensure the control of noxious weeds.
Best Management Practices (BMPs) will be required for all construction
areas, including erosion control methods, dust suppression, et cetera.
E. Section 23-2-490.E states: "The applicant has agreed to implement any
reasonable measures deemed necessary by the Board of County
Commissioners to ensure that the health, safety and welfare of the
inhabitants of the County will be protected, and to mitigate or minimize any
potential adverse impacts from the proposed pipeline." All pipelines will be
compliant with the CDOT requirements. Per this standard, pipelines are
required to have a minimum of four (4) feet of cover, or greater, if required
by local or state agencies. The pipeline trench will be excavated
mechanically; pipe segments will then be strung along the ditch line and
then welded together using welders and weld procedures qualified under
the requirements of the Code of Federal Regulations; each weld will be
examined utilizing industry standard non-destructive examination, or x-ray,
procedures by qualified technicians; the coating on the pipeline will be
inspected for damage and repaired as necessary and then the line(s) will
be lowered into the trench and backfilled. The pipeline(s) will subsequently
be pressure tested using water (hydrostatically tested) to industry
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regulations. In addition to Rocky Mountain Midstream's monitoring and
valve cutoff systems described in the section below, Rocky Mountain
Midstream will clearly mark the pipeline centerline with markers placed at
line -of -site intervals, and at road crossings. The markers will clearly
indicate the presence of a gas pipeline and will provide a telephone number
and address where a company representative can be reached in an
emergency or prior to any excavation in the area of the pipeline. In addition,
Rocky Mountain Midstream participates in the "One Call" system which
serve as the clearinghouse for excavation activities that are planned close
to pipelines and other underground utilities. Rocky Mountain Midstream
maintains a monitoring system that includes a gas control center that tracks
pressures, flows, and deliveries on its entire system. The gas control center
is staffed 24 hours a day, 7 days a week, 365 days a year. Rocky Mountain
Midstream also has area offices near the pipeline route with personnel who
can provide the appropriate response to emergency situations and direct
safety operations as necessary. Rocky Mountain Midstream's pipeline
systems are equipped with remotely controlled valves that can be operated
from the gas control center. In the event of an emergency, the valves allow
for a section of the pipeline to be isolated from the rest of the system. Data
acquisition systems are also present at all of Rocky Mountain Midstream's
meter stations. If system pressures fall outside of a predetermined range,
an alarm is activated, and notice is transmitted to the gas control center.
Routine ground inspections are conducted by Rocky Mountain Midstream
personnel or contractors. These inspections allow Rocky Mountain
Midstream to identify soil erosion that may expose the pipeline, dead
vegetation that may indicate a leak in the line, unauthorized encroachment
on the Right -of -Way (ROW) by a third party, or other conditions that may
lead to a safety hazard and/or require preventative maintenance or repairs.
F. Section 23-2-490.F states: "All reasonable alternatives to the proposal
have been adequately assessed, and the proposed action is consistent
with the best interests of the people of the County and represents a
balanced use of resources in the affected area." This route was selected
as the preferred project route as it balances environmental sensitivity,
operational efficiency, cost minimization, and adjacent landowner
considerations. As such, Rocky Mountain Midstream has proposed this
alignment as the preferred route, as it helps meet the operational needs of
the project while minimizing impacts to the surrounding community and
environment.
G. Section 23-2-490.G states: "The nature and location or expansion of the
pipeline will not unreasonably interfere with any significant wildlife habitat
and will not unreasonably affect any endangered wildlife species, unique
natural resource, known historic landmark or archaeological site within the
affected area." The pipeline crosses dryland pasture and vacant lands.
Colorado Parks and Wildlife (CPAW) returned a referral dated, October 12,
2018, stating that CPAW has performed a biological assessment of the
pathway for the proposed pipeline. Much of the landscape that the pipeline
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follows is agricultural in nature, including crop fields and grassland
pastures. Throughout this landscape there are mature trees that provide
nesting habitat for a variety of raptors (hawks, eagles, and owls, et cetera).
The areas of concern, in particular, include Section 18, Township 1 North,
Range 63 West, and Section 19, Township 2 North, Range 63 West. If the
proposed pipeline installation occurs between February 1st and July 31st,
CPAW recommends that raptor nest surveys be performed prior to project
initiation and periodically as the project progresses to completion
throughout this time period. History Colorado, Office of Archeology and
Historic Preservation, returned a referral response dated October 1, 2018,
indicating a search of the Colorado cultural resource inventory database
indicated previously recorded sites within the proposed project area.
History Colorado's comments are provided in accordance with the
Colorado State Register Act (Colorado Revised Statute C.R.S §24-80.1).
Site No. 5W1.1423.33, is supported on the National Register Eligibility for
the Burlington Northern Railroad segment assessment of 2013. Site
No. 5W1.1423.36, is supported on the National Register Eligibility for the
Burlington and Missouri River Railroad segment assessment of 2014. Site
No. 5W1.7719, had no assessment on the National Register Eligibility. The
Brnak Centennial Farm was recorded in 2013.
H. Section 23-2-490.H states: "No adverse impact, from stormwater runoff, to
the public rights -of -way and/or surrounding properties as a result of the
pipeline." The applicant will be required to maintain historic flow patterns
and runoff amounts, per the Department of Public Works, a Drainage Plan
will not be required for this project. Section 1.A.5, of the drainage criteria,
provides an exception for pipelines and transmission lines. Rocky Mountain
Midstream 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 the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Rocky Mountain Midstream, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0093, for a greater than 12 -inch
pipeline (24 -inch high pressure natural gas pipeline) approximately 9.25 miles in length in the
A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
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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
one half (0.5) mile of any construction access point for the project.
B. A copy of the signed and recorded (construction and post -construction)
easement agreements (or other acceptable authorization from property
owner) for pipeline rights -of -way (easements) shall be submitted to the
Department of Planning Services.
C. A copy of the signed Colorado Department of Transportation (CDOT)
pipeline crossing agreement/easement, or a letter indicating no agreement
is necessary shall be submitted to the Department of Planning Services.
D. A copy of the signed Burlington Northern Railroad crossing
agreement/easement, or a letter indicating no agreement is necessary shall
be submitted to the Department of Planning Services.
E. A copy of the signed Public Service of Colorado crossing
agreement/easement, or a letter indicating no agreement is necessary shall
be submitted to the Department of Planning Services.
F. A copy of the signed Tri-State Generation and Transmission Company
crossing agreement/easement, or a letter indicating no agreement is
necessary shall be submitted to the Department of Planning Services.
G. The crossing agreement reception number for all irrigation ditches and
canals, as applicable, or a letter indicating no agreement is necessary shall
be submitted to the Department of Planning Services.
H. The applicant shall show the floodplain and floodway (if applicable)
boundaries on the map. The applicant shall label the floodplain boundaries
with the FEMA Flood Zone and FEMA Map Panel Number or appropriate
study.
I. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0093.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-520 of
the Weld County Code.
4) The final location of the permanent gas pipeline easement, with
dimension of permanent easement, property ownership, parcel
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number, and any significant man-made features within one half
(0.5) mile on each side of the approved route.
5) 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 the
existing rights -of -way on the site plan. All setbacks shall be
measured from the edge of the right-of-way. These roads are
maintained by Weld County.
6) County Road 16.5 is a paved road and is designated on the Weld
County Functional Classification Map (Code Ordinance 2017-01)
as a collector road, which requires 80 feet of right-of-way at full
buildout. The applicant shall delineate the existing right-of-way on
the site plan. All setbacks shall be measured from the edge of the
right-of-way. This road is maintained by Weld County.
7) 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 the right-of-way.
8) The applicant shall 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.
9) The applicant shall show the approved Colorado Department of
Transportation (CDOT) access(es) on the site plan and label with
the approved Access Permit number, if applicable.
10) The application shall show the approved Municipality of
Keenesburg access(es) on the site plan and label with the approved
access permit number, if applicable.
11) The applicant shall 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."
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) electronic copy (.pdf), or one (1) paper copy, 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
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submitted within one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution. The applicant shall be responsible for paying
the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map not be recorded within the required one hundred
twenty (120) days from the date of the Board of County Commissioners
Resolution, a $50.00 recording continuance charge shall be added for each
additional three (3) month period.
4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable format is a projected ESRI
shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983
UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS
0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us.
5. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to
construction of the pipeline.
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.
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.
D. A Flood Hazard Development Permit is required to install pipelines in the
100 -year 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. The applicant shall
submit evidence of acceptance to the 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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of January, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
W COUNTY, COLORADO
ATTEST: ditifteo4;41
Weld County Clerk to the Board
BY
Deputy Clerk to the Board
APPR /ED A
torney
Date of signature: 05)10‘119
arbara Kirkmeyer, hair
Mike Freeman, Pro -Tern
James
teve Moreno
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ROCKY MOUNTAIN MIDSTREAM, LLC
USR18-0093
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0093, is
for a greater than 12 -inch, (24 -inch high pressure natural gas) pipeline approximately 9.25
miles in length in the A (Agricultural) Zone District, subject to the Development Standards
stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The property owner or operator shall provide written evidence of an approved Emergency
Action and Safety Plan on or before March 15th of any given year signed by
representatives for the Fire District and the Weld County Office of Emergency
Management to the Department of Planning Services.
4. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
5. During construction, the access(es) on the site shall be maintained to mitigate any impacts
to the public road, including damages and/or off -site tracking.
6. During construction, there shall be no parking or staging of vehicles on public roads.
On -site parking will be utilized.
7. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall acquire an approved Right -of -Way Use Permit prior to commencement.
8. Any oil and gas pipeline crossing a maintained or unmaintained County road right-of-way
shall be bored a minimum depth of ten (10) feet, subject to approval or modification by the
Department of Public Works based on engineering and safety standards and existing
utilities in the right-of-way.
9. With exception of perpendicular crossings, oil and gas pipelines are not to be located
within Weld County right-of-way or future right-of-way.
10. Any damage occurring to the County right-of-way or County maintained roadway, caused
by the pipeline, will be the responsibility of the operator.
11. The historical flow patterns and runoff amounts onsite will be maintained.
12. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2018 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
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Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be
required or an Open Hole Inspection.
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 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.
14. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner or operator should contact Weld County to
determine if the floodplain boundaries have been modified.
15. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal
Sites and Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final
disposal in a manner that protects against surface and groundwater contamination.
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, C.R.S. §30-20-100.5.
17. During construction, waste materials shall be handled, stored, and disposed of in a
manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other
potential nuisance conditions. The facility shall operate in accordance with Chapter 14,
Article I, of the Weld County Code.
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.
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 of the
Colorado Department of Public Health and Environment, as applicable.
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.
21. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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.
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23. 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.
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 persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
27. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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