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Description:
LAND USE APPLICATION
SUMMARY SHEET
C. Gathman
USR18-0075
Discovery DJ Services, LLC
Matthew T. Berghorn
Hearing Date: October 2, 2018
A Site -Specific Development Plan and Use by Special Review Permit for a greater than 12 -
inch high pressure natural gas pipeline (20 -inch Natural Gas Pipeline) approximately 15 miles
in length in the A (Agricultural) Zone District.
The pipeline Crosses Sections 21,25, 26, 27 and 28 in Ti N R65W of the 6th PM; Sections
25, 26, 27, 28, 29 and 30 in T1 N R64W of the 6th PM; and Sections 30, 31 and 32 in T1 N
R63W of the 6th PM; all located in Weld County, Colorado
Location: The pipeline will be located between County Road 8 on the north, County Road 2 (Weld
County Line) on the south, Interstate 76 on the west and County Road 65 on the east.
Size of Parcel: N/A Parcel No. Multiple Parcels
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
V V V V \;%
Weld County Department of Planning Services - Floodplain, referral dated 9/3/2018
Weld County Department of Public Works, referral dated 9/17/2018
Colorado Department of Transportation, referral dated 8/21/2018
Weld County Department of Public Health and Environment, referral dated 9/10/2018
Farmers Reservoir & Irrigation Company, referral dated 9/13/2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
▪ Weld County Sheriff's Office, referral dated 9/14/2018
▪ Weld County Zoning Compliance, referral dated 8/20/2018
The Department of Planning Services' staff has not received responses from the following agencies:
Colorado Parks and Wildlife
Colorado Historical Society (Resource Colorado)
USR18-0075, Discovery DJ Services, LLC, Page 1 of 12
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: C. Gathman Hearing Date: October 2, 2018
Case Number: USR18-0075
Applicant: Discovery DJ Services, LLC
Representative: Matthew T. Berg horn
Request: A Site -Specific Development Plan and Use by Special Review Permit for a greater than
12 -inch high pressure natural gas pipeline (20 -inch Natural Gas Pipeline) approximately
15 miles in length in the A (Agricultural) Zone District.
Legal
Description:
The pipeline Crosses Sections 21,25, 26, 27 and 28 in Ti N R65W of the 6th PM;
Sections 25, 26, 27, 28, 29 and 30 in Ti N R64W of the 6th PM; and Sections 30, 31
and 32 in Ti N R63W of the 6th PM; all located in Weld County, Colorado
Location: The pipeline will be located between County Road 8 on the north, County Road 2 (Weld
County Line) on the south, Interstate 76 on the west and County Road 65 on the east.
Size of Parcel: N/A Parcel No. Multiple Parcels
Case Summary:
The application indicates that the proposed East Lochbuie pipeline is a 20 -inch natural gas pipeline that
will eventually connect Discovery DJ Services Fort Lupton Gas Processing plant (USR17-0059) with the
proposed Kiowa Cryo 400 gas plant to increase the production efficiency of both gas plants. The
proposed pipeline will connect to the Hudson pipeline (USR17-0075) and the Milton West Pipeline
(USR17-0068) ending at the Fort Lupton Gas Plant. Discovery DJ Services has acquired a 30 -foot wide
permanent easement along the pipeline route with a 50 -foot wide temporary construction easement. The
applicant has indicated that they currently have twenty-five (25) agreements with property owners. They
are working on ten (10) remaining parcels. The applicant is planning on having all agreements in place
prior to the Board of County Commissioners hearing.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 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 applicant has indicated that they make every effort to minimize impact to property
owners' lands, including but not limited to irrigated croplands. When following the
property boundaries is not optimal/preferred, the applicant works with the applicant to
determine the best route.
USR18-0075, Discovery DJ Services, LLC, Page 2 of 12
The proposed use is in an area that can support this development and the Development
Standards, and the Conditions of Approval will assist in mitigating the impacts of the
facility on the adjacent properties and ensure compatibility with surrounding land uses
and the region.
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 proposed pipeline crosses through the 3 -mile referral areas of the Hudson and
Keenesburg. It is also located within the Keenesburg/Weld County Cooperative Planning
Agreement (CPA).
The Town of Keenesburg was contacted prior to submittal of this application. The Town
of Keenesburg responded that one of the proposed truck routes not be used on County
Road 59 south of Highway 52 due to the proximity to the middle school and high school.
The applicant has indicated that this haul route has been removed.
No referral responses have been received from the Town of Hudson, Town of
Keenesburg and Adams County in regards to this case.
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 has indicated that they make every effort to minimize impact to property
owners' lands, including but not limited to irrigated croplands. When following the
property boundaries is not optimal/preferred, the applicant works with the surface
owner(s) to determine the best route.
According to the application, the proposed pipeline route is the most direct route in order
to minimize impact on the surrounding area and maximize safety during construction.
Best Management Practices (BMPs) will be implemented during construction to control
erosion and water trucks will be utilized as necessary to control dust. The application
indicates that invasive and noxious weeds will be controlled after construction to control
the propagation of noxious weeds.
D. Section 23-2-480.A.4 — The site shall be maintained in such a manner so as to control
soil erosion, dust and the growth of noxious weeds.
The application indicates that the applicant will follow Best Management Practices
(BMPs) described in the Stormwater Management Plan (SWMP). Erosion control will
consist of silt fencing, straw wattles, hay bales or a combination of all of these items
depending on the area. Permanent erosion control measures will be installed as required
and seeding will occur in accordance with landowner requirements.
Water will be used for dust mitigation and will be obtained from water trucks.
Invasive and noxious weeds will be controlled after construction control the propagation
of noxious weeds.
E. Section 23-2-480.A.5 -- The applicant has agreed to implement any reasonable
measures deemed necessary by the Board of County Commissioners to ensure that the
health, safety and welfare of the inhabitants of the County will be protected, and to
mitigate or minimize any potential adverse impacts from the proposed pipeline.
The applicant is proposing the following mitigation measures:
USR18-0075, Discovery DJ Services, LLC, Page 3 of 12
All county road and other crossings (not including waterways) will be crossed by either
open bore or horizontal drill (avoiding surface impacts).
All pipelines will be buried to provide 48 -inches of cover.
BMPs outlined in the SWMP plan will be utilized (including silt fencing, straw wattles, hay
bales or combinations of all three depending on the area)
In areas with trenched wetland crossings the construction right-of-way will be reduced to
50 -feet in width where the only the ditch line will be top -spoiled and the drive space will
be matted with pipeline mats to mitigate disturbance. If standard open cut construction
methods are used in wetland area, 404 permits will be obtained.
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.
According to the application, the proposed pipeline route is the most direct route in order
to minimize impact on the surrounding area and maximizing safety during construction.
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.
The applicant has indicated that they obtain a Biological Resource Report and Cultural
Resource Report for all of its projects. Additionally, our environmental specialist conducts
a preliminary survey along the entire pipeline route noting any nesting activity or sensitive
species habitat which, if found, is monitored in accordance with the established protocols
of Colorado Parks and Wildlife and the U.S. Fish and Wildlife Service throughout the
duration of the project.
No referral response has been received from either the Colorado Division of Water
Resources or the Colorado Historical Society (History Colorado).
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 application indicates that the applicant will follow Best Management Practices
(BMPs) described in the Stormwater Management Plan (SWMP). Erosion control will
consist of silt fencing, straw wattles, hay bales or a combination of all of these items
depending on the area.
All county road crossings will be completed by conventional bore or directional drill
methodology.
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 Department of Planning Services' staff recommendation for approval is conditional upon the
following:
USR18-0075, Discovery DJ Services, LLC, Page 4 of 12
1. Prior to recording the map:
A. A Road Maintenance Agreement is required during the construction of the pipeline. Road
maintenance may include dust control, tracking control, damage repair attributable to
construction of the pipeline and located within 1/2 mile of any construction access point for
the project. (Department of Public Works)
B. The applicant shall address the requirements of the Colorado Department of Transportation
as stated in their (electronic mail) referral dated 8/21/2018. Written evidence of such shall
be provided to the Department of Planning Services. (Colorado Department of
Transportation)
C. The applicant shall attempt to address the requirements of the Farmers Reservoir and
Irrigation Company as stated in their referral dated 9/13/2018. Written evidence of such
shall be provided to the Department of Planning Services. (Farmers Reservoir and
Irrigation Company)
D. 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. (Department of
Planning Services)
E. The applicant shall attempt to address the comments of The Wild Animal Sanctuary as
stated in their referral dated 8/31/2018. Written evidence of such shall be submitted to the
Department of Planning Services. (The Wild Animal Sanctuary)
F. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0075. (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
4. County Road 2 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)
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 47 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 55 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
USR18-0075, Discovery DJ Services, LLC, Page 5 of 12
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 59 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)
9. County Road 63 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)
10. County Road 53 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)
11. County Road 45 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)
12. County Road 49 is a gravel road and is designated on the Weld County Functional
Classification Map as an arterial road which requires 140 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)
13. County Road 51 Section Line is shown to have 30 feet of unmaintained section line
right-of-way per the Weld County GIS right-of-way map. The applicant shall delineate
the existing right-of-way on the site plan. All setbacks shall be measured from the
edge of right-of-way. (Department of Public Works)
14. County Road 57 Section Line is shown to have 30 feet of unmaintained section line
right-of-way per the Weld County GIS right-of-way map. The applicant shall delineate
the existing right-of-way on the site plan. All setbacks shall be measured from the
edge of right-of-way. (Department of Public Works)
15. County Road 61 Section Line is shown to have 30 feet of unmaintained section line
right-of-way per the Weld County GIS right-of-way map. The applicant shall delineate
the existing right-of-way on the site plan. All setbacks shall be measured from the
edge of right-of-way. (Department of Public Works)
16. 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)
17. Show and label the section line Right -of -Way as "CR 51 Section Line Right -Of -Way,
not County maintained. (Department of Public Works)
USR18-0075, Discovery DJ Services, LLC, Page 6 of 12
18. Show and label the section line Right -of -Way as "CR 57 Section Line Right -Of -Way,
not County maintained." (Department of Public Works)
19. Show and label the section line Right -of -Way as "CR 61 Section Line Right -Of -Way,
not County maintained." (Department of Public Works)
20. Show and label all recorded easements on the map by book and page number or
reception number and date on the site plan. (Department of Public Works)
21. The applicant shall indicate specifically on the map the type of right-of-way/easement
and indicate whether it is dedicated, private, or deeded to provide adequate access
to the parcel. (Department of Public Works)
22. Show and label 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)
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. (Department of Planning
Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the
map not be recorded within the required one hundred twenty (120) days from the date of the
Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added
for each additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj)
with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN
StatePlane Colorado North FIPS 0501 (US Feet)....etc.). This digital file may be sent to
mapsRco.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. Any improvements or new construction in the floodplain require a Flood Hazard Development
Permit. (Department of Planning Services - Floodplain)
USR18-0075, Discovery DJ Services, LLC, Page 7 of 12
6. Prior to Operation:
A. Accepted construction drawings and construction of the offsite roadway improvements are
required prior to operation. (Department of Public Works)
B. 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)
USR18-0075, Discovery DJ Services, LLC, Page 8 of 12
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Discovery DJ Services, LLC
USR18-0075
1. A Site -Specific Development Plan and Use by Special Review Permit, USR18-0075, for a greater
than 12 -inch high pressure natural gas pipeline (20 -inch Natural Gas Pipeline) approximately 15 miles
in length 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 15' 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. 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)
5. 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)
6. 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)
7. 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)
8. 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)
9. 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)
10. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
11. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. Neither the direct, nor reflected, light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be
used which may be confused with, or construed as, traffic control devices. (Department of Planning
Services)
USR18-0075, Discovery DJ Services, LLC, Page 9 of 12
12. The property owner shall control noxious weeds on the site. (Department of Public Works)
13. During construction, the access(s) to the site shall be maintained to mitigate any impacts to the public
road including damages and/or offsite tracking. (Department of Public Works)
14. During construction, there shall be no parking or staging of vehicles on public roads. On -site parking
shall be utilized. (Department of Public Works)
15. 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)
16. Any oil and gas pipeline crossing a county road shall be bored a minimum of twenty (20) feet below
arterial roads, fifteen (15) feet below collector and paved local roads, and ten (10) feet below gravel
local roads. This depth shall be measured below the lowest roadside ditch flowline elevation, for the
full width of the future right of way. (Department of Public Works)
17. 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)
18. 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)
19. The historical flow patterns and runoff amounts on site will be maintained. (Department of Public
Works)
20. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map. Any development shall comply with all applicable Weld County requirements,
Colorado Water Conservation Board requirements as described in Rules and Regulations for
Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR
parts 59, 60, and 65. The FEMA definition of development is any man-made change to improved or
unimproved real estate, including but not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation, drilling operations, or storage of equipment and materials.
(Department of Planning Services - Floodplain)
21. 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)
22. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2012 International Codes, 2006 International Energy
Code, and 2017 National Electrical Code. A Building Permit Application must be completed and two
(2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A Geotechnical Engineering Report, performed by a Colorado
registered engineer, shall be required or an Open Hole Inspection. (Department of Building
Inspection)
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.
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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.
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 state's
commercial mineral deposits are essential to the state's economy; (b) the populous counties of the
state face a critical shortage of such deposits; and (c) such deposits should be extracted according to
a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these
areas must recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these resources
are protected property rights and mineral owners should be afforded the opportunity to extract the
mineral resource.
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
USR18-0075, Discovery DJ Services, LLC, Page 11 of 12
stretches available resources. Law enforcement is based on responses to complaints more than on
patrols of the County, and the distances which must be traveled may delay all emergency responses,
including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who
must leave their jobs and families to respond to emergencies. County gravel roads, no matter how
often they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
USR18-0075, Discovery DJ Services, LLC, Page 12 of 12
September 13, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
PHONE: (970) 400-3537
FAX: (970) 304-6498
BERGHORN MATTHEW
7859 WALNUT HILL LANE, STE 335
DALLAS, TX 75230
Subject: USR18-0075 - A Site Specific Development Plan and Use by Special Review Permit for a
greater than 12 -inch high pressure natural gas pipeline (20 -inch Natural Gas Pipeline) approximately 15
miles in length in the A (Agricultural) Zone District.
On parcel(s) of land described as:
THE PIPELINE CROSSES SECTIONS 21, 25, 26, 27, AND 28, T1 N, R65W; SECTIONS 25, 26, 27, 28,.
29, AND 30, T1 N, R64W; AND SECTIONS 30, 31, AND 32, -11 N, R63; ALL OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on October 2, 2018, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on October 24, 2018
at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building,
1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
CI:C..
14.1
Chris Gathman
Planner
5.c.A
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
PHONE: (970) 400-3537
FAX: (970) 304-6498
August 20, 2018
BERGHORN MATTHEW
7859 WALNUT HILL LANE STE 335
DALLAS, TX 75230
Subject: USR18-0075 - A Site Specific Development Plan and Use by Special Review Permit for a
20 -inch Natural Gas Pipeline approximately 15 miles in length in the A (Agricultural) Zone District.
On parcel(s) of land described as:
THE PIPELINE CROSSES SECTIONS 21, 25, 26, 27, AND 28, T1N, R65W; SECTIONS 25, 26, 27, 28,.
29, AND 30, T1 N, R64W; AND SECTIONS 30, 31, AND 32, T1 N, R63; ALL OF THE 6TH P.M., WELD
COUNTY, COLORADO.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Hudson at Phone Number 303-536-9311
Lochbuie at Phone Number 303-655-9308
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
Chris Gathman
Planner
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