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HomeMy WebLinkAbout20183320.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0075, FORA 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 - ROCKY MOUNTAIN MIDSTREAM, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 24th day of October, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Rocky Mountain Midstream, LLC, 7859 Walnut Hill Lane, Suite 335, Dallas, Texas 75230, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0075, 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, on the following described real estate, being more particularly described as follows: The proposed pipeline will cross Sections 21, 25, 26, 27, and 28, Township 1 North, Range 65 West; Sections 25, 26, 27, 28, 29 and 30, Township 1 North, Range 64 West; and Sections 30, 31, and 32, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board heard all of the testimony and statements of those present and deemed it appropriate to continue the matter to October 31, 2018, at 10:00 a.m., to allow the applicant adequate time to allow Rocky Mountain Midstream, LLC, additional time to work with The Wild Animal Sanctuary concerning the pipeline alignment, and WHEREAS, at said hearing on October 31, 2018, the applicant was represented by Matt Norton, 3601 Stagecoach Road Longmont, CO 80504, and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 23-2-490 of the Weld County Code as follows: cc-PL(CC,/TP), PcoCce), tiHcLL), cat F H), co,PPL 2018-3320 o% /oz/I9 PL2603 SPECIAL REVIEW PERMIT (USR18-0075) - ROCKY MOUNTAIN MIDSTREAM, LLC PAGE 2 A. Section 23-2-490.A states: "All reasonable efforts have been made to avoid irrigated cropland or to minimize the negative impacts on agricultural uses and lands." The applicant has indicated that they made 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. The proposed Use is in an area that can support this development and the Conditions of Approval and Development Standards 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 23-2-490.6 states: "The pipeline will not have an undue adverse effect on existing and future development of the surrounding area, as set forth in applicable Master Plans."The proposed pipeline crosses through the three (3) mile referral areas of the Towns of 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 and they requested 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, or Adams County regarding this case. C. Section 23-2-490.C states: "The design of the proposed pipeline mitigates negative impacts on the surrounding area to the greatest extent feasible." The applicant has indicated that they made 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 23-2-490.D states: "The site shall be maintained in such a manner so as to control soil erosion, dust and the growth of noxious weeds."The application indicates that the applicant will follow Best Management Practices (BMPs) as 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. The application 2018-3320 PL2603 SPECIAL REVIEW PERMIT (USR18-0075) - ROCKY MOUNTAIN MIDSTREAM, LLC PAGE 3 indicates that invasive and noxious weeds will be controlled after construction to control the propagation of noxious weeds. E. Section 23-2-490.E states: "The applicant has agreed to implement any reasonable measures deemed necessary by the Board of County Commissioners to ensure that the health, safety and welfare of the inhabitants of the County will be protected, and to mitigate or minimize any potential adverse impacts from the proposed pipeline." The applicant is proposing the following mitigation measures: 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 only the ditch line will be top-spoiled and the drive space will be matted with pipeline mats to mitigate disturbance; and, if standard open cut construction methods are used in wetland areas, 404 Permits will be obtained. F. Section 23-2-490.F states: "All reasonable alternatives to the proposal have been adequately assessed, and the proposed action is consistent with the best interests of the people of the County and represents a balanced use of resources in the affected area." 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 23-2-490.G states: "The nature and location or expansion of the pipeline will not unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife species, unique natural resource, known historic landmark or archaeological site within the affected area." The applicant has indicated that they obtain a Biological Resource Report and Cultural Resource Report for all the 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 23-2-490.H states: "No adverse impact, from storm water 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 2018-3320 PL2603 SPECIAL REVIEW PERMIT (USR18-0075) - ROCKY MOUNTAIN MIDSTREAM, LLC PAGE 4 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 Discovery DJ Services, LLC, for 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, 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 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) miles of any construction access point for the project. B. The applicant shall address the requirements of the Colorado Department of Transportation, as stated in the (electronic mail) referral dated August 21, 2018. Written evidence of such shall be provided to the Department of Planning Services. C. The applicant shall attempt to address the requirements of the Farmers Reservoir and Irrigation Company, as stated in the referral dated September 132018. Written evidence of such shall be provided to the Department of Planning Services. D. A copy of the signed and recorded (construction and post-construction) easement agreements (or other acceptable authorization from property owner) for pipeline right-of-way (easements) shall be submitted to the Department of Planning Services. E. The applicant shall attempt to address the comments of The Wild Animal Sanctuary, as stated in their referral dated August 31, 2018. Written evidence of such shall be submitted to the Department of Planning Services. F. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR18-0075. 2) The attached Development Standards. 3) The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. 2018-3320 PL2603 SPECIAL REVIEW PERMIT (USR18-0075) - ROCKY MOUNTAIN MIDSTREAM, LLC PAGE 5 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 the existing right-of-way on the site plan. All setbacks shall be measured from the edge of the right-of-way. This road is maintained by Weld County. 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 the existing right-of-way on the site plan. All setbacks shall be measured from the edge of the right-of-way. This road is maintained by Weld County. 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 the existing right-of-way on the site plan. All setbacks shall be measured from the edge of the right-of-way. This road is maintained by Weld County. 7) County 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 buildout. The applicant shall delineate the existing right-of-way on the site plan. All setbacks shall be measured from the edge of the right-of-way. This road is maintained by Weld County. 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 the existing right-of-way on the site plan. All setbacks shall be measured from the edge of the right-of-way. This road is maintained by Weld County. 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 the existing right-of-way on the site plan. All setbacks shall be measured from the edge of the right-of-way. This road is maintained by Weld County. 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 the existing right-of-way on the site plan. All setbacks shall be measured from the edge of the right-of-way. This road is maintained by Weld County. 2018-3320 PL2603 SPECIAL REVIEW PERMIT (USR18-0075) - ROCKY MOUNTAIN MIDSTREAM, LLC PAGE 6 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 the future and existing right-of-way on the site plan. All setbacks shall be measured from the edge of the future right-of-way. This road is maintained by Weld County. 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 the future and existing right-of-way on the site plan. All setbacks shall be measured from the edge of the future right-of-way. This road is maintained by Weld County. 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 the right-of-way. 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 the right-of-way. 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 the right-of-way. 16) The applicant shall show and label the approved access locations on the site plan (If applicable). The applicant must obtain an Access Permit in the approved location(s) prior to construction. 17) The applicant shall show and label the section line right-of-way as "CR 51 Section Line Right-of-Way, not County maintained." 18) The applicant shall show and label the section line right-of-way as "CR 57 Section Line Right-of-Way, not County maintained." 19) The applicant shall show and label the section line right-of-way as "CR 61 Section Line Right-of-Way, not County maintained." 20) The applicant shall show and label all recorded easements on the map by book and page number or, reception number and date on the site plan. 2018-3320 PL2603 SPECIAL REVIEW PERMIT (USR18-0075) - ROCKY MOUNTAIN MIDSTREAM, LLC PAGE 7 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. 22) The applicant shall show and label the floodplain and floodway (if applicable) boundaries on the map. The applicant shall label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study. 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 23-2-260.0 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. D. Any improvements or new construction in the floodplain require a Flood Hazard Development Permit. 2018-3320 PL2603 SPECIAL REVIEW PERMIT (USR18-0075) - ROCKY MOUNTAIN MIDSTREAM, LLC PAGE 8 6. Prior to Operation: A. Accepted construction drawings and construction of the off-site roadway improvements are required prior to operation. 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. The applicant shall submit evidence of acceptance to the Department of Planning Services. 7. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of October, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO / ATTEST: detitvo jC � Steve Moreno, Chair Weld County Clerk to the Board Barbara Kirkmeyer, ro-Tem BY: Deputy Cler o the Board �`; ' �•. onway 1861 ??"-• APP'e v ► £ . i M. V - - A. Cozad 'ounty A orney •• Mike Freeman Date of signature: i'2171 1g 2018-3320 PL2603 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS ROCKY MOUNTAIN MIDSTREAM, LLC USR18-0075 1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0075, is 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. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. The property owner or operator shall provide written evidence of an approved Emergency Action and Safety Plan on or before March 15th of any given year signed by representatives for the Fire District and the Weld County Office of Emergency Management to the Department of Planning Services. 4. 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. 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, C.R.S. §30-20-100.5. 6. 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. 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. 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. 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. 10. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 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 2018-3320 PL2603 DEVELOPMENT STANDARDS (USR18-0075) - ROCKY MOUNTAIN MIDSTREAM, LLC PAGE 2 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. 12. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 13. During construction, the access(s) to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off-site tracking. 14. During construction, there shall be no parking or staging of vehicles on public roads. Onsite parking shall be utilized. 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. 16. Any oil and gas pipelines 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. 17. 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. 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. 19. The historical flow patterns and runoff amounts onsite will be maintained. 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. 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. 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 2018-3320 PL2603 DEVELOPMENT STANDARDS (USR18-0075) - ROCKY MOUNTAIN MIDSTREAM, LLC PAGE 3 Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be required or an Open Hole 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. 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 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. 28. 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. 2018-3320 PL2603 Hello