HomeMy WebLinkAbout20181738.tiffRESOLUTION
RE• APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0026, FORA GREATER THAN 12 -INCH HIGH PRESSURE NATURAL
GAS PIPELINE APPROXIMATELY 5.45 MILES IN LENGTH (16 -INCH DISCHARGE
PIPELINE) IN THE A (AGRICULTURAL) ZONE DISTRICT - DCP OPERATING
COMPANY, LP
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 13th day of
June, 2018, at the hour of 10 00 a m , in the Chambers of the Board, for the purpose of hearing
the application of DCP Operating Company, LP, 3026 4th Ave , Greeley, CO 80631, for a Site
Specific Development Plan and Use by Special Review Permit, USR18-0026, for a greater than
12 -inch high pressure natural gas pipeline approximately 5 45 miles in length (16 -inch discharge
pipeline) in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows
The pipeline commences in the NE1/4 of Section 12,
Township 3 North, Range 65 West, and crosses into
Section 1, Township 3 North, Range 65 West
proceeding into Sections 36, 31, 30, 19, and 18,
Township 4 North, Range 65 West of the 6th P M ,
Weld County, Colorado and terminates at the
Crossroads Booster Station
WHEREAS, at said hearing, the applicant was present and represented by Kent
Naughton, of Witwer, Oldenberg, Barry and Groom, LP, 822 7th St , Suite 760, Greeley, CO
80631, 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 23-2-230 B of the Weld County Code as follows
A Section 23-2-490 A — 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
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SPECIAL REVIEW PERMIT (USR18-0026) — DCP OPERATING COMPANY, LP
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removed for installation of the pipeline will be returned to their original
location and will not be moved off -site DCP indicates 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 and agricultural lands The preferred
route is sited on plowed fields, dryland grazing lands, and pivot irrigation
fields
B Section 23-2-490 B — 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 not located within the three (3) mile
referral area of a municipality or the County
C Section 23-2-490 C — 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, 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 Weld County Roads DCP considered an alternative route alignment
that offered a straighter, more direct line than the preferred route, however,
the alternative alignment resulted in additional impacts to landowners and
did not parallel existing pipeline corridors as closely as the route selected
The additional distance of the preferred route was insignificant
D Section 23-2-490 D — 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 -- 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 irrigation ditches will be crossed by
the pipeline boring beneath the bed of the waterbody is used, BMPs will be
installed to protect the waterbody from erosion or sediment runoff, tracking
pads will be utilized where heavy equipment is required to cross roads to
prevent damage to the road surface, topsoil will be segregated from subsoil
during grading activities All pipelines will be compliant with the Department
of Transportation (DOT) requirements Per this standard, pipelines are
required to have a minimum of 30 inches of cover, or greater, if required by
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SPECIAL REVIEW PERMIT (USR18-0026) — DCP OPERATING COMPANY, LP
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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
regulations In addition to DCP's monitoring and valve cutoff systems
described in the section below, DCP will clearly mark the pipeline centerline
with markers placed at line -of -site intervals, and at road and railroad
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, DCP participates in the "One Call"
system "One call" systems serve as the clearinghouse for excavation
activities that are planned close to pipelines and other underground utilities
DCP 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 DCP 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 DCP'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 DCP'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 aerial and ground inspections are conducted
by DCP personnel or contractors These inspections allow DCP to identify
soil erosion that may expose the pipeline, dead vegetation that may
indicate a leak in the line, unauthorized encroachment on the 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 — 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, DCP 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 — 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
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SPECIAL REVIEW PERMIT (USR18-0026) — DCP OPERATING COMPANY, LP
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resource, known historic landmark or archaeological site within the affected
area The pipeline crosses cultivated fields and an irrigation canal
Colorado Parks and Wildlife returned a referral dated March 27, 2018,
indicating no conflicts, and History Colorado did not return a referral
response
H Section 23-2-490 H — There will be 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
which stated a drainage plan will be not be required for this project
Pipelines are excepted from the requirements of a drainage report and
detention pond design under Section 23-12-30 F 1 a 5 of the Weld County
Code for pipelines or transmission lines DCP 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 runoff rate and velocity increases, diversions,
concentration and/or unplanned ponding of storm runoff 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 DCP Operating Company, LP, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0026, for a greater than 12 -inch
high pressure natural gas pipeline approximately 5 45 miles in length (16 -inch discharge pipeline)
in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is,
granted subject to the following conditions
1 Prior to recording the map
A A copy of the signed and recorded (construction and post -construction)
lease agreements (or other acceptable authorization from property owner)
for pipeline right-of-way (easements) shall be submitted to the Department
of Planning Services
B 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
C The map shall be amended to delineate the following
1) All sheets of the map shall be labeled USR18-0026
2) The attached Development Standards
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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
number, and any significant man-made features within one-half
(0 5) mile on each side of the approved route
5) County Road 44 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 the future and existing right-of-way on the site plan This
road is maintained by Weld County
6) County Road 42 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 the existing right-of-way on the site plan This road is
maintained by Weld County
7) East of County Road 49, County Road 40 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 the existing right-of-way on the site
plan This road is maintained by Weld County
8) The County Highway (County Road 49) is designated on the Weld
County Functional Classification Map as an arterial road, which
typically requires 140 feet of right-of-way at full buildout The
alignment of the road widening project vanes along the section line
for the corridor Contact the Department of Public Works for the
location of the existing and future rights -of -way and easements and
delineate these on the site plan
9) County Road 40 Section Line, west of County Road 49, 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 Show and label the section
line right-of-way as "CR 40 Section Line Right -of -Way, not County
maintained "
10) County Road 38 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 the existing right-of-way on the site plan This road is
maintained by Weld County
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SPECIAL REVIEW PERMIT (USR18-0026) — DCP OPERATING COMPANY, LP
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11) County Road 36 Section Line, west of County Road 49, 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 Show and label the section
line right-of-way as "CR 36 Section Line Right -of -Way, not County
maintained "
12) 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
2 Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) paper copy or 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
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
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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.
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of June, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD. COUNTY, COLORADO
ATTEST: dacha, i ..'C.11o;(A.
Weld County Clerk to the Board
BY:
A
•
Deputy Clerk to the Bo
County Attorney
Date of signature: 07-27-4)
Steve Moreno, Chair
EXCUSED
Barbara Kirkmeyer, Pro-Tem
EXCUSED
Julie A. Cozad
Mike Freeman
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DCP OPERATING COMPANY, LP
USR18-0026
1 The Site Specific Development Plan and Special Review Permit, USR18-0026, is for a
greater than 12 -inch high pressure natural gas pipeline approximately 5 45 miles in length
(16 -inch discharge pipeline) 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 of the Fire District and the Weld County Office of Emergency Management
to the Department of Planning Services
4 During construction and until the site is remediated, the applicant 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 County road shall be bored in accordance with the
Right -of -Way Permit from the Department of Public Works
9 With exception of perpendicular crossings, oil and gas pipelines are not to be located
within Weld County rights -of -way or future rights -of -way
10 Any damage occurring to the right-of-way, caused by the pipeline, will be the responsibility
of the operator
11 The historical flow patterns and runoff amounts on the site 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 2012 International Codes,
2006 International Energy Code, and 2017 National Electrical Code A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review A
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DEVELOPMENT STANDARDS (USR18-0026) — DCP OPERATING COMPANY, LP
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Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be
required or an Open Hole Inspection
13 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
14 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
15 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
16 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 Control Commission's Air Quality Regulations
17 During construction, adequate toilet facilities and handwashing units shall be provided
Portable toilets are acceptable and shall be serviced by a cleaner licensed in Weld County
and shall contain hand sanitizers
18 The applicant shall submit an Air Pollution Emission Notice (A P E N ) and Emissions
Permit Application and obtain a permit from the Air Pollution Control Division of the
Colorado Department of Public Health and Environment, as applicable
19 The facility shall notify the County of any revocation and/or suspension of any State -issued
permit
20 The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code
21 The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code
22 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
23 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
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DEVELOPMENT STANDARDS (USR18-0026) — DCP OPERATING COMPANY, LP
PAGE 3
permitted Any other changes shall be filed in the office of the Department of Planning
Services
24 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
25 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
26 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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