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HomeMy WebLinkAbout20180723.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TQ THE BOARD OF COUNTY COMMISSIONERS Moved by Jordan Jemiola, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: USR17-0077 GREEN RIVER DEVCO, LP KIM OGLE A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A GREATER THAN 12 -INCH HIGH PRESSURE NATURAL GAS PIPELINE APPROXIMATELY FOUR (4) MILES LONG IN THE A (AGRICULTURAL) ZONE DISTRICT. THE PIPELINE WILL COMMENCE IN THE NE4 OF SECTION 12, T3N, R65W AND CROSS NORTH INTO SECTION 1 THEN HEAD INTO SECTION 36, T4N, R65 AND CROSSING INTO SECTIONS 25 AND 24, THEN TURNING EAST INTO SECTION 19 AND CROSSING NORTH INTO SECTION 18, T4N, R64W OF THE 6TH P.M., WELD COUNTY, COLORADO AND TERMINATING AT THE DCP OPERATING LP CROSSROADS COMPRESSOR STATION. GENERALLY LOCATED SOUTH OF CR 46; WEST OF CR 51; NORTH OF CR 34 AND EAST OF CR 47. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2- 480 of the Weld County Code as follows: A. Section 23-2-480.A.1 — All reasonable efforts have been made to avoid irrigated cropland or to minimize the negative impacts on agricultural uses and lands. Section 22-5-100.A.1 O.G. Policy 1.1 The County should encourage cooperation, coordination and communication between the surface owner and the mineral owner/operations with respect to any developments of either the surface or the mineral estate. The Colt to Crossroads Gas Pipeline is surrounded by land uses primarily associated with the Agriculture Zone. Land uses near the pipeline include existing oil and gas facilities including other pipelines, existing agricultural facilities, and a few existing residential properties. Residential properties surrounding the pipeline are sparsely distributed and consist mainly of range homes and large lot single family homes. Other than County roads, the pipeline will not travel through or underneath any significant structure. Green River will agree to an easement with each property owner that the pipeline crosses in order to ensure that the pipeline is compatible with the land the pipeline crosses. By agreeing to an easement with each landowner, Green River is committed to working with all landowners along the pipeline route to ensure that the pipeline will not adversely impact any property along the route. The application indicates that the pipeline will be located to minimize impacts on the operation of irrigation equipment. All soils removed for installation of the pipeline will be returned to their original location and will not be moved offsite. Green River DevCo LP and Noble Midstream Services LLC [Green River — Noble Midstream] 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, floodplains and agricultural lands. The selected route is sited on plowed fields and pivot irrigation systems. B. Section 23-2-480.A.2 — The pipeline will not have an undue adverse effect on existing and future development of the surrounding area, as set forth in applicable Master Plans. The pipeline is not located within the 3 -mile referral area of a municipality or County. RESOLUTION USR17-0077 GREEN RIVER DEVCO, LP PAGE 2 C. Section 23-2-480.A.3 — The design of the proposed pipeline mitigates negative impacts on the surrounding area to the greatest extent feasible. The applicant indicates that many private easements (rights -of -way without Fee ownership) have been negotiated for the pipeline with private land owners, 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. 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 Conditions of Approval and Development Standards will ensure that there is no fugitive dust or erosion and will ensure the control of noxious weeds. Best Management Practices (BMPs) will be required for all construction areas, including erosion control methods, dust suppression, et cetera. E. Section 23-2-480.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 has proposed a number of measures to mitigate impacts from the pipeline including the boring beneath County roads to avoid damage to the road surface or disruption to traffic flow; if surface waterbodies will be crossed by the pipeline either by boring beneath the bed of the waterbody, or by utilizing an open -cut crossing method. If the open -cut crossing method is used, BMPs will be installed to protect the waterbody from erosion or sediment runoff; tracking pads will be utilized where heavy equipment is required to cross roads to prevent damage to the road surface; topsoil will be segregated from subsoil during grading activities. 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 and in many locations there will be a minimum of 36 -inches of cover or greater if required by local or state agencies. The pipeline trench will be excavated mechanically; pipe segments will then be strung along the ditch line and then welded together using welders and weld procedures qualified under the requirements of the Code of Federal Regulations; each weld will be examined utilizing industry standard non-destructive examination, or x-ray, procedures by qualified technicians; the coating on the pipeline will be inspected for damage and repaired as necessary and then the line(s) will be lowered into the trench and backfilled. The pipeline(s) will subsequently be pressure tested using water (hydrostatically tested) to industry regulations. The transportation of natural gas via pipeline is generally safer than other potential modes of transport. There is some small risk of an accident in which the integrity of the pipeline may be compromised resulting in a release of natural gas or natural gas liquids. Wet natural gas contains condensed forms of heavier natural gas liquids and produced water and is considered both flammable and combustible. Dry natural gas is a clean burning fuel source, also considered both flammable and combustible. In general, signs of a pipeline leak, include dead or discolored vegetation that is otherwise green along the pipeline right-of-way, along with pools of liquid or clouds of vapor or mist not usually present. Green River— Noble Midstream will clearly mark the pipeline centerline with markers placed at line of site intervals and at all road and canal crossings. The markers will clearly identify the pipeline, and will provide a telephone number and address where a company representative can be reached in an emergency or prior to any excavation in the area. Green River — Noble Midstream also participate in the Colorado "One Call" system, which serves as a clearinghouse for excavation activities that are planned close to pipelines and other underground utilities. RESOLUTION USR17-0077 GREEN RIVER DEVCO, LP PAGE 3 Each respective pipeline centerline will be clearly identified with markers placed at line -of- sight intervals and at all road crossings. These markers will clearly identify Green River— Noble Midstream as the owner / operator, provide a telephone number and address where a company representative can be reached in an emergency. In the event of an emergency, a call to the number on these markers will go to Green River — Noble Midstream operations and control center that is staffed 24 hours / day, 7 days / week by trained operators, qualified in both the day-to-day operation of the respective pipelines and associated facilities, and in emergency response procedures. These operators will also have the ability to monitor the operation of the pipeline system through a Supervisory Control and Data Acquisition ("SCADA") system. Through the SCADA system, operators will be able to see key parameters associated with the operation of the respective pipelines, including pressure, temperature, and flow rate. In the event that these parameters, or other critically identified criteria fall outside of pre -determined normal operating allowances, the SCADA system will raise warnings of potential operational upsets or pending emergency conditions, providing the operator with time to make corrections, if possible, to the system operation in order to clear the warning. In the event that the specified parameters, or critically identified criteria reach pre -determined set points within the system operation, the SCADA system will alarm. Upon notification of an emergency, either through the public emergency call number, SCADA system, operator inspection and training, or other originating source, Green River— Noble Midstream will have the ability to isolate the respective pipelines by closing remotely operated valves in the natural gas pipeline, isolate any potential fuel source and mitigate propagation of the emergency situation. Depending upon the nature of the emergency, local emergency responders would be notified, and Green River — Noble Midstream would implement their internal safety response procedures, including dispatching trained personnel to the site of the emergency. F. Section 23-2-480.A.6 — All reasonable alternatives to the proposal have been adequately assessed, and the proposed action is consistent with the best interests of the people of the County and represents a balanced use of resources in the affected area. The applicant reviewed alternative pipeline locations. The preferred route utilizes a pipeline right-of- way corridor negotiated through agreements with private property owners. The applicant has proposed two alternatives for this pipeline in Section 25, Township 4 North, Range 65 West to accommodate property owners. 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. A Desktop Environmental Review prepared by SWCA Environmental Consultants dated February 13, 2018 for the Colt to Crossroads Pipeline project route for a specific site assessment of the biological, aquatic and cultural resources adjacent to the proposed pipeline route. The purpose of this review was to identify any significant natural or cultural resource constraints or risks associated with the development of the pipelines. Colorado Parks and Wildlife returned a referral date January 6, 2018 indicating no conflict with their interests and History Colorado did not return a referral response. H. Section 23-2-480.A.8 — No adverse impact, from stormwater runoff, to the public rights -of -way and/ or surrounding properties as a result of the pipeline. The applicant will be required to maintain historic flow patterns and runoff amounts, per the Department of Planning Services, engineering review stated a drainage plan will be not be required for this project. Section 1.A.5 of the drainage criteria provides an exception for pipelines and transmission lines. Green River — Noble Midstream acknowledges in their application that the historical flow patterns and runoff amounts will be maintained on the site or in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. RESOLUTION USR17-0077 GREEN RIVER DEVCO, LP PAGE 4 The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2- 250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission recommendation for approval is conditional upon the following: 1. Prior to recording the map: A. A 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) B. An Improvements and Road Maintenance Agreement is required for off -site improvements at this location 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) C. The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR17-0077 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The map shall be prepared in accordance with Section 23-2-520 of the Weld County Code. (Department of Planning Services) 4. The final location of the permanent gas pipeline easement with dimension of permanent easement, property ownership, parcel number, and all easements of record. (Department of Planning Services) 5. 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 call out the existing right-of-way on the USR map. 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 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 call out the existing right-of-way on the USR map. 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 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 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 44 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 call out the existing right-of-way on the USR map. 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 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 build out. Weld County is currently in the process of widening this corridor. The alignment of the road widening project varies along the RESOLUTION USR17-0077 GREEN RIVER DEVCO, LP PAGE 5 section line for the corridor. Contact Public Works for the location of the existing and future right- of-way and easements and call these out on the USR map. (Department of Public Works) 10. Show and label the section line Right -of -Way as "CR 36 Section Line Right -of -Way, not County maintained." (Department of Public Works) 11. Show and label all recorded easements on the map by book and page number or reception number and date on the plan. (Department of Planning Services) 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 al 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 maps(a�co.weld.co.us. (Department of Planning Services) 5. Prior to Construction: A. If more than 1 acre is to be disturbed for construction of non -pipeline items such as structures, parking lots, laydown yards et cetera, a Weld County grading permit will be required prior to the start of construction. (Department of Planning Services - Engineer) 6. Prior to Operation: A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility operator, the Fire District and the Weld County Office of Emergency Management. Submit evidence of acceptance to the Department of Planning Services. (Department of Planning Services) 7. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. (Department of Planning Services) RESOLUTION USR17-0077 GREEN RIVER DEVCO, LP PAGE 6 Motion seconded by Bruce Sparrow. VOTE: For Passage Bruce Johnson Bruce Sparrow Jordan Jemiola Michael Wailes Terry Cross Tom Cope Gene Stille Lonnie Ford Richard Beck Against Passage Absent The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on March 6, 2018. Dated the 6th of March, 2018 Kristine Ranslem Secretary RESOLUTION USR17-0077 GREEN RIVER DEVCO, LP PAGE 7 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Green River DevCo, LP— Noble Midstream USR17-0077 1. A Site Specific Development Plan and Use by Special Review Permit, USR17-0077, for a greater than 12 - inch high pressure natural gas pipeline approximately four (4) miles long commencing at the DCP Colt Compressor Station near the intersection of County Roads 49 and 34.5 and heading northeasterly to the DCP Operating, LP, Crossroads Compressor Station (USR17-0023) near the intersection of County Road 49 and County Road 44 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 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. (Department of Planning Services) 4. The property owner shall control noxious weeds on the site. (Department of Public Works) 5. The access to the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) 6. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 7. The historical flow patterns and runoff amounts on the site will be maintained. (Department of public Works) 8. 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 2014 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) 9. 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) 10. 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) 11. During construction, waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, 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) 12. Fugitive dust and fugitive particulate emissions shall be controlled along the construction route. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment) RESOLUTION USR17-0077 GREEN RIVER DEVCO, LP PAGE 8 13. 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) 14. During construction, adequate handwashing and toilet facilities 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) 15. 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) 16. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 17. 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. 18. 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. 19. 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. 20. 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. 21. WELD COUNTY'S RIGHT TO FARM: 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; RESOLUTION USR17-0077 GREEN RIVER DEVCO, LP PAGE 9 shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm 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. PC1 fll;no-i-es 037000/1c&- SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, March 6, 2018 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair, Terry Cross, at 12:30 pm. Roll Call. Present: Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Lonnie Ford, Michael Wailes, Richard Beck, Terry Cross, Tom Cope. Also Present: Kim Ogle, Chris Gathman, and Ryder Reddick, Department of Planning Services; Lauren Light and Ben Frissell, Department of Health; Evan Pinkham, Public Works; Frank Haug, County Attorney, and Kris Ranslem, Secretary. CASE NUMBER: APPLICANT: PLANNER: REQUEST: LEGAL DESCRIPTION: LOCATION: USR17-0077 GREEN RIVER DEVCO, LP KIM OGLE A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT FOR A GREATER THAN 12 -INCH HIGH PRESSURE NATURAL GAS PIPELINE APPROXIMATELY FOUR (4) MILES LONG IN THE A (AGRICULTURAL) ZONE DISTRICT. THE PIPELINE WILL COMMENCE IN THE NE4 OF SECTION 12, T3N, R65W AND CROSS NORTH INTO SECTION 1 THEN HEAD INTO SECTION 36, T4N, R65 AND CROSSING INTO SECTIONS 25 AND 24, THEN TURNING EAST INTO SECTION 19 AND CROSSING NORTH INTO SECTION 18, T4N, R64W OF THE 6TH P.M., WELD COUNTY, COLORADO AND TERMINATING AT THE DCP OPERATING LP CROSSROADS COMPRESSOR STATION. GENERALLY LOCATED SOUTH OF CR 46; WEST OF CR 51; NORTH OF CR 34 AND EAST OF CR 47. Kim Ogle, Planning Services, presented Case LSR17-0077, reading the recommendation and comments into the record. The Department of Planning Services recommends approval of this application with the attached conditions oc approval and development standards. Mr. Ogle noted that staff is requesting an amendment to Development Standards 9, 10, and 'Ito add "During construction" at the beginning of each statement. Evan Pinkham, Public Works, reported on the existing traffic, access to the site and the drainage conditions for the site. Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site dust control, and the Waste Handling Plan. Ms. Light noted that Development Standard 14 needs to state "During construction" as well, so that these development standards match Environmental Health's referral. Ryan Kacirek, Tetra Tech, 1900 South Sunset Street, Longmont, Colorado, said that this is the proposed Colt to Crossroads Pipeline. The applicant for this project is Green River Development Company, controlled by Noble Midstream Partners. The applicant is proposing a 24 -inch natural gas pipeline approximately four (4) miles in length. They have acquired 12 of the 15 required easements and expect to obtain the final three (3) easements in the near future. Mr. Kacirek provided a brief summary of their safety program. Commissioner Cope asked how close the pipelines are to each other. Robert Smetana, Noble Midstream, 1625 Broadway, Denver, Colorado, stated that they try to maintain 15 to 20 feet separation between pipelines. Mr. Cope asked if there will be multiple pipelines in this corridor. Mr. Smetana replied that they are only permitting this single pipeline and have no anticipation of additional pipelines in this corridor. Commissioner Ford asked how they will mitigate tumble weeds. Mr. Smetana said that they have contracted with a consultant who specializes in that and they are doing some soil analysis right now. This will ensure that they have the right seed mix. 1 Commissioner Johnson said that during the construction phase there is debris blowing in your trenches and also a failure of getting soil compacted properly. He asked what the reclamation plan is and how the packing of the soil is done in the trench. Mr. Smetana said that there is mechanical compaction and they water it down and may also disc some areas to hold it together. Commissioner Sparrow said that this is the third phase of this pipeline that they have seen. He asked if it is in sections as the rights -of -ways are acquired rather than one large pipeline. Mr. Smetana said it does have to do with funding for easement agreements and also with project sequencing. The Chair asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chair referred to the requested amendments to the Development Standards. Mr. Ogle stated that the request is to amend Development Standards 9, 10, 11 and 14 to include "During construction" at the beginning of each statement. Motion: Amend Development Standard, as requested by Staff, Moved by Jordan Jemiola, Seconded by Bruce Sparrow. Motion carried unanimously. The Chair asked the applicant if they have read through the amended Development Standards and Conditions of Approval and if they are in agreement with those. The applicant replied that they are in agreement. Motion: Forward Case USR17-0077 to the Board of County Commissioners along with the amended Conditions of Approval and Development Standards with the Planning Commission's recommendation of approval, Moved by Jordan Jemiola, Seconded by Bruce Sparrow. Vote: Motion carried by unanimous roll call vote (summary: Yes = 9). Yes: Bruce Johnson, Bruce Sparrow, Gene Stille, Jordan Jemiola, Lonnie Ford, Michael Wailes, Richard Beck, Terry Cross, Tom Cope. Meeting adjourned at 3:36 pm. 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