HomeMy WebLinkAbout20184050.tiff EXHIBIT
BEFORE THE WELD COUNTY. COLORADO . PLANNING COMMISSION US" OlC33
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Johnson . 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 USR18-0103
APPLICANT DJ SOUTH GATHERING LLC
PLANNER KIM OGLE
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A GREATER THAN 13-INCH PIPELINE . ( UP TO 20-INCH CRUDE
OIL PIPELINE ) APPROXIMATELY 30 MILES IN LENGTH UP TO FIVE (5)
CONSTRUCTION OFFICE TRAILERS AND TEN ( 10) CONEX CONTAINERS FOR
USE DURING CONSTRUCTION OF THE FACILITY IN THE A (AGRICULTURAL)
ZONE DISTRICT
LEGAL DESCRIPTION THE PIPELINE WILL CROSS SECTIONS 5, 6. 7. 8. 15. 16. 17. 22. 26. 27 . AND 35
T1 N . R64W; SECTIONS 18. 19. 30, AND 31 . T2N. R64W. SECTIONS 1 2. 12. AND
13. T2N . R65W, SECTIONS 25 AND 36 T3N . R65W OF THE 6TH P M WELD
COUNTY COLORADO
LOCATION GENERALLY LOCATED EAST OF CR 45. SOUTH OF CR 30. WEST OF CR 61
AND NORTH OF ADAMS COUNTY/ WELD COUNTY LINE
be recommended favorably to the Board of County Commissioners for the following reasons
1 The submitted materials are in compliance with the application requirements of Section 23-2-260 of the
Weld County Code
2 . It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-
480 of the Weld County Code as follows
A. Section 23-2-480.A 1 — All reasonable efforts have been made to avoid irrigated cropland or to
minimize the negative impacts on agricultural uses and lands.
The application indicates that the pipeline will be located to minimize impacts on the operation of
irrigation equipment. All soils removed for installation of the pipeline will be returned to their original
location and will not be moved offsite DJSG 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 all FEMA designated Floodplains.
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 Hudson, Keenesburg and
Adams County. The Town of Hudson returned a referral dated October 12 . 2018 with a second
referral providing clarifying comments dated October 15. 2018 indicating the applicant shall obtain a
Floodplain Development Permit and a Right-of-Way Permit from the Town prior to the commencement
of construction . The Town of Keenesburg and Adams County did not return a referral response_
C Section 23-2-480 .A. 3 — The design of the proposed pipeline mitigates negative impacts on the
surrounding area to the greatest extent feasible.
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 FEMA designated
floodplains. In a referral received from the Weld County Floodplain planner dated October 24. 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.
D Section 23-2-480.A 4 - The site shall be maintained in such a manner so as to control soil erosion.
RESOLUTION USR18-0103
DJ SOUTH GATHERING LLC
PAGE 2
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.k5 -- 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_
Crude oil pipelines are an extremely safe way to transport energy. The Matador Pipeline is being
designed to exceed DOT regulations. The 20-inch Matador Pipeline will transport crude oil and will be
engineered to operate at a Maximum Allowable Operating Pressure (MAOP) of 1480 psi with
Maximum Operating Pressure (MOP) of 740 psi and is designed to transport up to 160.000 barrels
per day with ability to increase capacity in the future.
The pipeline will employ automated pressure shut down systems and leak monitoring equipment. ARB
employs an independent safety team who is trained in operations. maintenance and emergency
response related to the pipeline All operations. training . qualifications and any required responses are
strictly defined by the US Department of Transportation's Pipeline and Hazardous Materials Safety
Administration and followed by ARB. The transportation of crude oil via pipeline is generally safer than
other potential modes of transport. The company estimates transportation of crude oil via pipeline vs.
traditional trucking will eliminate approximately 2 22MM trucks from Weld County roads in the first ten
years of the project.
DJSG 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 . DJSG 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 DJSG 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 DJSG
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 .
RESOLUTION USR18-0103
DJ SOUTH GATHERING. LLC
PAGE 3
Upon notification of an emergency. either through the public emergency call number. SCADA system ,
operator inspection and training . or other originating source, DJSG 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 DJSG 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 route is surrounded by land uses primarily associated with the Agriculture Zone District. Land
uses near the pipeline include existing oil and gas facilities including other pipelines. existing
agricultural facilities, and a few existing residential properties. Residential properties surrounding the
pipeline are sparsely distributed and consist mainly of large lot single family homes DJ South
Gathering . LLC will agree to an easement with each property owner that the pipeline crosses to ensure
that the pipeline is compatible with the property owner's plans for their property. By agreeing to an
easement with each landowner, DJ South Gathering . LLC has committed to working with all
landowners along the pipeline route to ensure that the pipeline will not adversely impact any property.
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.
Colorado Parks and Wildlife returned a referral dated October 19. 2018 stating ''Colorado Parks and
Wildlife has a statutory responsibility to manage all wildlife species in Colorado. and to promote a
variety of recreational opportunities throughout Colorado.
Construction of this pipeline has the potential to impact wildlife. A bald eagle nest is located in close
proximity to this project at Ti N R64W Section17 To minimize disturbance to bald eagle nests CPAW
recommends no construction activity within '/2 mile of the nest from January 1st through July 31st.
Because the pathway of the pipeline is within '/2 of this eagle's nest it is recommended that
construction of the pipeline at this location take place outside of that time frame. Bald eagles and their
nests are protected under the federal Bald and Gold Eagle Protection Act. If construction is to take
place between January 1st and July 31s' within 1/I mile of the nest project managers should contact the
U S Fish and Wildlife Service
There also appears to be many trees near or adjacent to the pipeline at numerous points along the
path of the pipeline with raptor nests or the potential for nests. One such nest is a Swainson's hawk
nest near Weld County Road 30 and County Road 49 It is recommended that a raptor (i .e . hawks,
eagles. owls, etc. ) nest survey be performed along the path of the pipeline if construction is to take
place between February 1 and July 31st. This nest survey should be done prior to construction and
throughout the course of construction for any new nests If nests are observed. CPAW has developed
a set of guidelines to minimize disturbance to nesting raptors.
Wetlands. creeks. and rivers are of high value to many different species of wildlife and should be
protected from disturbance. It appears that this pipeline will cross Box Elder Creek just south of Weld
County Road 22 and west of County Road 49 To preserve the integrity and ecological function of the
creek. CPAW recommends that trenchless construction or boring technics be utilized to go under this
creek and adjacent wetland habitats The U S Army Corps of Engineers should be consulted prior to
any disturbance to wetlands.
Finally . Colorado Parks and Wildlife recommends that the developer work with the Weld County
Public Works Department-Weed Division to develop and implement a plan for control of noxious
weeds during and post construction phases of the pipeline project. Noxious weeds are a problem in
Weld County in which they can degrade wildlife habitat. degrade the landscape as whole. and are a
RESOLUTION USR18-0103
DJ SOUTH GATHERING. LLC
PAGE 4
costly issue to landowners to deal with once the construction project is complete. To avoid the spread
of noxious weeds 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 ."
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 review. 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.
DJ South Gathering. LLC 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 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 0. 5 mile of any construction access point for the project. ( Department
of Public Works)
B. The applicant shall submit written evidence of the conditionally approved Town of Hudson right-of-way
permit prior to installing the pipeline or for any improvements, as applicable. (Town of Hudson )
C. The applicant shall submit a copy of the signed Henrylyn Irrigation District crossing agreement/
easement or provide a letter that an adequate attempt has been made to mitigate the concerns of the
ditch company or a letter indicating no agreement is necessary to the Department of Planning
Services. (Department of Planning Services)
D. The applicant shall submit a copy of the signed Jim Lateral No. 1 and No. 2 crossing agreement/
easement or provide a letter that an adequate attempt has been made to mitigate the concerns of the
ditch company or a letter indicating no agreement is necessary to the Department of Planning
Services (Department of Planning Services)
E. The applicant shall submit a copy of the signed Denver Hudson Canal crossing agreement/ easement
or provide a letter that an adequate attempt has been made to mitigate the concerns of the ditch
company or a letter indicating no agreement is necessary to the Department of Planning Services.
(Department of Planning Services)
F. The applicant shall submit a copy of the signed Public Service of Colorado crossing agreement/
easement or provide a letter that an adequate attempt has been made to mitigate the concerns of the
company or a letter indicating no agreement is necessary to the Department of Planning Services.
(Department of Planning Services)
G. The applicant shall submit a copy of the signed Burlington Northern Santa Fe Railroad crossing
agreement/ easement or provide a letter that an adequate attempt has been made to mitigate the
RESOLUTION USR18-0103
DJ SOUTH GATHERING. LLC
PAGE 5
concerns of the company or a letter indicating no agreement is necessary to the Department of
Planning Services (Department of Planning Services)
H . The applicant shall submit a copy of the signed Tri-State Generation and Transmission Association ,
Inc. crossing agreement/ easement or provide a letter that an adequate attempt has been made to
mitigate the concerns of the company or a letter indicating no agreement is necessary to the
Department of Planning Services. (Department of Planning Services)
I . The applicant shall submit a copy of the signed Colorado Department of Transportation crossing
agreement/ easement or provide a letter that an adequate attempt has been made to mitigate the
concerns of the company or a letter indicating no agreement is necessary to the Department of
Planning Services. (Department of Planning Services)
J . The map shall be amended to delineate the following:
1 . All sheets of the map shall be labeled USR18-0103 ( 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 . County Road 6 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)
6. County Road 10 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 51 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 51 is a paved road and is designated on the Weld County Functional Classification
Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the existing right-of-way All setbacks shall be measured from the edge
of right-of-way This road is maintained by Weld County. (Department of Public Works)
9 County Road 18 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 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)
10 The County Highway is designated on the Weld County Functional Classification Map as an
arterial road which typically requires 140 feet of right-of-way at full build out. The alignment of the
road widening project varies along the section line for the corridor Contact Public Works for the
location of the existing and future right-of-way and easements and delineate these on the site
plan . (Department of Public Works)
RESOLUTION USR18-0103
DJ SOUTH GATHERING. LLC
PAGE 6
11 . 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)
12 . Show and label the section line Right-of-Way as "CR 22 Section Line Right-Of-Way. not County
maintained ." (Department of Public Works)
13 Show and label the Henrylyn Irrigation District crossing agreement reception number for the
subsurface water pipeline. Show and label the Jim Lateral No 1 and No. 2 crossing agreement
reception number, as applicable. Show and label the Denver Hudson Canal crossing agreement
reception number. as applicable. (Department of Planning Services)
14 . Show and abe tie ,im _atera No. ' anc No. 2 crossing agreemen . receo:ion number, as
applicable. (Department of Planning Services)
15. Show and abe tie Denver -,ucson Cana crossing agreement reception number, as apo icab e.
(Department of Planning Services)
16 . Show and label the Public Service of Colorado crossing agreement reception number, as
applicable. (Department of Planning Services)
17. Show and label the Burlington Northern Santa Fe Railroad crossing agreement reception number,
as applicable. (Department of Planning Services)
18 . Show and label the Tri-State Generation and Transmission Association. Inc. crossing agreement
reception number, as applicable. (Department of Planning Services)
19. Show and label the Colorado Department of Transportation crossing agreement reception
number, as applicable (Department of Planning Services)
20. 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)
21 . Show and label all recorded easements on the map by book and page number or reception
number and date on the plan . (Department of Planning Services)
22 . Show and label the future right-of-way for all roads within the municipality of Hudson. (Town of
Hudson)
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 S50. 00 recording continuance charge shall added for each additional three
(3) month period . (Department of Planning Services)
4 The Department of Planning Services respectfully requests a digital copy of this "Use by Special Review".
as appropriate. Acceptable format is a projected ESRI shapefile (. shp. . shx. dbf. _ prj) with a defined
coordinate system (i .e . . NAD 1983 UTM Zone 13N . WGS 1984 , NAD 1983 HARN StatePlane Colorado
RESOLUTION USR18-0103
DJ SOUTH GATHERING. LLC
PAGE 7
North FIPS 0501 (US Feet) etc. ) . This digital file may be sent to mapsco.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. The applicant shall submit a Flood Hazard Development Permit for review and approval prior to
installing the pipeline or any improvements or new construction in the floodplain will require a Flood
Hazard Development Permit. (Department of Planning Services - Floodplain)
E . The applicant shall submit written evidence of the conditionally approved Town of Hudson Flood
Hazard Permit prior to installing the pipeline or for any improvements. as applicable_ (Town of
Hudson)
F— The applicant slat submit written evicence of the conditionally approved Town of - udson right of way
permit prior to installing the pipeline or for any improvements, as applicable. (Town of Hudson)
G. Tie applicant shall submit a copy of the signed Henrylyn rrigation District crossing agreement/
easemen ' or provice a etter t hat an acequate aPempt has peen made to mitigate tie concerns of tie
ditci company or a •etter incicating no agreement is necessary to the Department of Planning
Services. (Department of Planning Services)
- . Tne applicant shal submit a copy of tie signec Jim Latera No. 1 ano No. 2 crossing agreement/
easement or provice a etter that an aeecuate attempt has been mace to mitigate tie concerns of tie
citci company or a letter incicating no agreement is necessary to tie Department of P anning
Services. (Department of Planning Services)
. Tie app icant sia submit a copy of tie signec Denver -'ucson Cana crossing agreement/ easement
or provide a letter that an adequate attempt has been made to mitigate the concerns of the ditch
company or a letter indicating no agreement is necessary to the Department of Planning Services.
(Department of Planning Services)
J . The applicant shall submit a copy of the signed Public Service of Colorado crossing agreement/
easement or provice a etter that an acequate attempt nas been made to mitigate tie concerns of the
company or a -etter indicating no agreement is necessary to tie Department of P anning Services.
(Department of Planning Services)
K. Tie app icant sla submit a copy of tie signed Bur ington Northern Santa Fe Rai road crossing
agreement/ easement or provide a letter that an adequate attempt has been made to mitigate the
concerns of the company or a letter indicating no agreement is necessary to the Department of
Planning Services (Department of Planning Services)
L. The applicant sla submit a copy o= ' he signec -ri Sta 'e Generation anc -ransmission Association,
nc. crossing agreement/ easement or provice a etter that an adequate attempt has been made to
mitigate the concerns of the company or a letter indicating no agreement is necessary to the
Department of Planning Services. (Department of Planning Services)
N. Tie app icant sia submit a copy of tie signec Co oraco Department of Transportation crossing
agreement/ easement or provice a e` er that an acequate attempt has been made to mitigate the
RESOLUTION USR18-0103
DJ SOUTH GATHERING, LLC
PAGE 8
concerns of the company or a letter indicating no- agreement is necessary to the Department of
Planning Services. (Department of Planning Services)
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 Lonnie Ford
VOTE :
For Passage Against Passage Absent
Bruce Johnson
Bruce Sparrow
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
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.
CERTIFICATION OF COPY
I . Kristine Ranslem. Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County.
Colorado. adopted on December 4. 2018_
Dated the 4t of December. 2018
Kristine Ranslem
Secretary
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DJ SOUTH GATHERING. LLC
PAGE 9
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DJ South Gathering LLC
USR18-0103
1 . A Site Specific Development Plan and Use by Special Review Permit, USR18-0103, for a greater than 13-
inch crude oil pipeline (20-inch diameter) approximately thirty (30) miles in length . with up to five (5)
construction office trailers and ten ( 10) conex containers for use during construction of the facility 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 1St" of any given year signed by representatives for the Fire District and
the Weld County Office of Emergency Management to the Department of Planning Services. (Department
of Planning Services)
4. The property owner shall control noxious weeds on the site. (Department of Public Works)
5 . During construction, the access(es) on the site shall be maintained to mitigate any impacts to the public
road including damages and/or off-site tracking . (Department of Public Works)
6. During construction, there shall be no parking or staging of vehicles on public roads. On-site parking will
be utilized . (Department of Public Works)
7. Any work that may occupy and or encroach upon any County rights-of-way or easement shall acquire an
approved Right-of-Way Use Permit prior to commencement. (Department of Public Works)
8. Any oil and gas pipeline crossing a 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)
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 . Buildings and structures shall conform to the requirements of the various codes adopted at the time of
permit application. Building permits may be required. per Section 29-3- 10 of the Weld County Code
Currently the following has been adopted by Weld County: 2012 International Building Code: 2012
International Mechanical Code. 2012 International Plumbing Code: 2012 International Fuel Gas Code:
2006 International Energy Conservation Code: 2017 National Electrical Code: 2009 ANSI 117. 1
Accessibility Code and Chapter 29 of the Weld County Code. (Building Inspection)
13. Any improvements or new construction in the floodplain require a Flood Hazard Development Permit.
(Department of Planning Services - Floodplain)
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14. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Maps Any development shall comply with all applicable Weld County requirements,
Colorado Water Conservation Board requirements as described in Rules and Regulations for Regulatory
Floodplains in Colorado_ and FEMA regulations and requirements as described in 44 CFR parts 59. 60.
and 65 The FEMA definition of development is any man-made change to improved or unimproved real
estate. including but not limited to buildings or other structures, mining, dredging, filling, grading_ paving .
excavation . drilling operations, or storage of equipment and materials (Department of Planning Services -
Floodplain)
15_ 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)
16. 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)
17 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)
18 . 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)
19. 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)
20. The applicant shall submit an Air Pollution Emission Notice (A P. E. N . ) and Emissions Permit Application
and obtain a permit from the Air Pollution Control Division. Colorado Department of Public Health and
Environment. as applicable . ( Department of Public Health and Environment) .
21 . 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)
22 . 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)
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. 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 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
RESOLUTION USR18-0103
DJ SOUTH GATHERING, LLC
PAGE 11
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 states
commercial mineral deposits are essential to the states economy: (b) the populous counties of the state
face a critical shortage of such deposits: and (c) such deposits should be extracted according to a rational
plan. calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology
and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these areas
must recognize the various impacts associated with this development. Often times. mineral resource sites
are fixed to their geographical and geophysical locations. Moreover, these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource
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 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
RESOLUTION USR18-0103
DJ SOUTH GATHERING, LLC
PAGE 12
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.
EXHIBIT
PC /flfluks
D
112518
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING U5a1% — 01O3
Tuesday, December 4, 2018
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building . Hearing Room , 1150 O Street. Greeley. Colorado. This meeting was called to order by Chair.
Michael Wailes at 12 . 30 pm.
Roll Call .
Present: Bruce Johnson, Elijah Hatch , Gene Stille, Lonnie Ford. Michael Wailes. Richard Beck. Tom Cope
Absent/Excused Bruce Sparrow. Skip Holland
Also Present: Kim Ogle, Chris Gathman . and Michael Hall. Department of Planning Services. Lauren Light
and Ben Fussell. Department of Health . Evan Pinkham. Mike McRoberts and Hayley Balzano. Public
Works: Frank Haug . County Attorney . and Kris Ranslem. Secretary
Skip Holland entered the meeting at 1 . 15 pm .
CASE NUMBER USR18-0103
APPLICANT DJ SOUTH GATHERING LLC
PLANNER KIM OGLE
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A GREATER THAN 13-INCH PIPELINE ( UP TO 20-INCH CRUDE
OIL PIPELINE) APPROXIMATELY 30 MILES IN LENGTH. UP TO FIVE (5)
CONSTRUCTION OFFICE TRAILERS AND TEN ( 10) CONEX CONTAINERS
FOR USE DURING CONSTRUCTION OF THE FACILITY IN THE A
(AGRICULTURAL) ZONE DISTRICT
LEGAL DESCRIPTION THE PIPELINE WILL CROSS SECTIONS 5 6 7 8. 15. 16. 17. 22. 26. 27 AND
35. T1 N . R64W, SECTIONS 18. 19. 30, AND 31 . T2N. R64W: SECTIONS 1 . 2 12.
AND 13 T2N R65W SECTIONS 25 AND 36. T3N R65W OF THE 6TH P M. .
WELD COUNTY. COLORADO
LOCATION GENERALLY LOCATED EAST OF CR 45 SOUTH OF CR 30: WEST OF CR 61
AND NORTH OF ADAMS COUNTY/ WELL COUNTY LINE
Kim Ogle. Planning Services. presented Case USR18-0103. 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
Mr. Ogle noted that Staff is requesting several items to be moved from Prior to Construction to Prior to
Recording the Map and provided a list of those recommended changes He added that in a previous Board
of County Commissioner hearing the Board gave direction that they would prefer to have the crossing
agreements obtained prior to the recording of the plat.
Evan Pinkham . Public Works reported on the roadway classifications, and access and right-of-way permits
A Road Maintenance Agreement during construction will be required.
Ben Fussell. Environmental Health, reviewed the public water and sanitary sewer requirements. on-site
dust control . and the Waste Handling Plan .
Ryder Reddick . Tetra Tech . stated that he is representing ARB Midstream and DJ South Gathering . LLC.
He said that ARB Midstream is proposing a 20-inch crude oil pipeline approximately 30 miles in length The
pipeline will start at the Bennet Station near 1-70 at the Adams County/Arapahoe County border and travels
north to County Road 30 and County Road 49 at the Magellan Site in Weld County .
Mr. Reddick added that 100% of the easements have been obtained and they have worked with the ditch
companies. Xcel Energy, Tn-State Generation and Transmission and WAPA (Western Area Power
Administration) Additionally they have worked with the Town of Hudson and received approved permits
with the Town for the right-of-way crossings and the Flood Hazard Development Permits.
1
Commissioner Holland asked if the Henrylyn Irrigation m n nReddick replied Company has been contacted . Mr. ep ed
that they are currently in negotiations with them regarding the crossing agreement.
Mr Holland referred to the airstrip and water wells and asked if these issues have been resolved He also
asked if there is a standard distance from the section line to the centerline of the pipeline as they seem to
be quite a distance from each other Mr. Reddick said that the pipeline is outside of the right-of-way and
added that it depends on the property owner on where the easement is obtained as well as other
underground utilities and pipelines might be located. Mr. Holland asked Staff if having this distance would
create problems with any future development. Frank Haug . County Attorney. said if the question is if a
private company acquires an easement from a private citizen on their land then whatever happens in the
future is not something that this Board needs to decide He added that you need to look at if the pipeline
is compatible with the existing land uses He said if the question is if we should not allow those people to
purchase those easements that is up to the applicant and the private property owner Mr. Holland asked if
the County has a standard away from that property line that they would like to see those pipelines. Mr.
Haug said that the pipeline is not in the County's right-of-way and it is between the private parties
Mr. Reddick requested that the Ditch Crossings included as Conditions of Approval 13. 14, and 15 be
consolidated into one development standard as they are all a part of and maintained by the Henrylyn
Irrigation District. Additionally, he requested an update to Condition of Approval 1 . B. 12 to specify the
County Road as it is listed CR XX Mr Reddick requested that Development Standard 8 be consistent with
recent language that the Board of County Commissioners have been using , which states "Any oil and gas
pipeline crossing a maintained or unmaintained County Road right-of-way shall be bored a minimum depth
of the ( 1 ) 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- .
Commissioner Holland asked if the issues submitted by the Town of Hudson have been addressed Mr.
Ogle said that the private airstrip is not regulated by the FAA and shouldn't have any impact on underground
pipeline Additionally. pipelines that are adjacent to water wells or oil and gas wells. the applicant will come
to an agreement Staff is comfortable that the applicant will mitigate the concerns from the Town of Hudson.
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 referred to the recommended changes by Staff.
Motion : Amend the Resolution to reflect the recommended changes in Staff's Memorandum, Moved by
Gene Stille. Seconded by Bruce Johnson . Motion carried unanimously.
The Chair referred to Condition of Approval 12 and asked Staff for clarification Mr Ogle stated that it
should be labeled as CR 22 The Chair stated this can be corrected administratively
The Chair referred to the requested change to Development Standard 8 and asked Staff for their opinion .
Mr. Pinkham said that the proposed language fits in line with recent language that they have approved for
the LAP process and added that the language in the Public Works referral is what was ironed out at the
most recent Board of County Commissioner hearing . He added that there is a slight variance and ultimately
the Board of County Commissioners can decide whether they want to allow for that variance. Commissioner
Cope agreed and suggested letting the County Commissioners work this language out. The Planning
Commission agreed to have the applicant present this change to the Board of County Commissioners.
The Chair referred to the request of consolidating Conditions of Approval 1 . B . 13, 1 . B_ 14 and 1 . B. 15 as they
are under the control of the Henrylyn Ditch Company Mr Ogle stated that he put the ditch crossings in as
a checklist and added that Staff has no concerns as long as all the ditch companies are listed
Motion : Consolidate Conditions of Approval 1 . B 13 1 . B 14 and 1 B . 15. Moved by Bruce Johnson ,
Seconded by Gene Stille Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those The applicant replied that they are in
agreement.
2
Commissioner Ford said that in the future if the roads become wider it would require all these pipelines to
be moved and asked if it is at the expense of the County. Mr. Pinkham said that he understands that it is
at the County's expense and added that is why they request to have the most accurate information with the
functional classification maps.
Motion : Forward Case USR18-0103 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Bruce Johnson, Seconded by Lonnie Ford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland,
Tom Cope.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Meeting adjourned at 5:34 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
3
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