HomeMy WebLinkAbout20182387.tiffMEMORANDUM
TO: Chris Gathman, Planning Services
DATE: July 2, 2018
FROM: Evan Pinkham, Public Works
SUBJECT: USR18-0043 Oneok
The Weld County Department of Public Works has reviewed this Use by Special Review Pipeline proposal.
Staff comments made during this phase of the application process may not be all-inclusive, as other issues
may arise during the remaining application process.
COMMENTS
GENERAL PROJECT INFORMATION/LOCATION
Project description: 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 in the A (Agricultural) Zone District
ACCESS
Per Chapter 12, Article 5, Section 12-5-30, an Access Permit is required for access to Weld County
maintained roadways. We strongly encourage you to discuss your access with Public Works prior to laying
out your site plan to ensure the approved accesses are compatible with your layout.
For new accesses and/or change of use of an existing access, the fee and photos are required (photo
looking left and right along roadway from the access point and looking in to and out of the access point).
These photos are used to evaluate the safety of the access location. Access permit instructions and
application can be found at https://www.weldgov.com/departments/public works/permits/. Chapter 6,
Sections 6.3, 6.4 and 6.5 of the Weld County Engineering and Construction Criteria offer access design
guidance, which can be accessed at: https://www.weldgov.com/departments/public works/engineering/.
ROADS AND RIGHTS -OF -WAY
County Road 136 is a gravel road and is designated on the Weld County Functional Classification Map
(Code Ordinance 2017-01) as a(n) local road, which requires 60 feet of right-of-way. The applicant shall
delineate on the site map or plat the future and existing right-of-way and the physical location of the road.
If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld
County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future
right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is
maintained by Weld County.
County Road 105 is a gravel road and is designated on the Weld County Functional Classification Map
(Code Ordinance 2017-01) as a(n) collector road, which requires 80 feet of right-of-way. The applicant shall
delineate on the site map or plat the future and existing right-of-way and the physical location of the road.
If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld
County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future
right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is
maintained by Weld County.
County Road 132 is a gravel road and is designated on the Weld County Functional Classification Map
(Code Ordinance 2017-01) as a(n) local road, which requires 60 feet of right-of-way. The applicant shall
delineate on the site map or plat the future and existing right-of-way and the physical location of the road.
If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld
County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future
right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is
maintained by Weld County.
County Road 128 is a gravel road and is designated on the Weld County Functional Classification Map
(Code Ordinance 2017-01) as a(n) local road, which requires 60 feet of right-of-way. The applicant shall
delineate on the site map or plat the future and existing right-of-way and the physical location of the road.
If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld
County Code, Chapter 23, Article Ill, Section 23-3-50, the required setback is measured from the future
right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is
maintained by Weld County.
County Road 118 is a gravel road and is designated on the Weld County Functional Classification Map
(Code Ordinance 2017-01) as a(n) collector road, which requires 80 feet of right-of-way. The applicant shall
delineate on the site map or plat the future and existing right-of-way and the physical location of the road.
If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld
County Code, Chapter 23, Article Ill, Section 23-3-50, the required setback is measured from the future
right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is
maintained by Weld County.
County Road 127 is a gravel road and is designated on the Weld County Functional Classification Map
(Code Ordinance 2017-01) as a(n) collector road, which requires 80 feet of right-of-way. The applicant shall
delineate on the site map or plat the future and existing right-of-way and the physical location of the road.
If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld
County Code, Chapter 23, Article Ill, Section 23-3-50, the required setback is measured from the future
right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is
maintained by Weld County.
County Road 139 is a gravel road and is designated on the Weld County Functional Classification Map
(Code Ordinance 2017-01) as a(n) local road, which requires 60 feet of right-of-way. The applicant shall
delineate on the site map or plat the future and existing right-of-way and the physical location of the road.
If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld
County Code, Chapter 23, Article Ill, Section 23-3-50, the required setback is measured from the future
right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is
maintained by Weld County.
County Road 104 is a gravel road and is designated on the Weld County Functional Classification Map
(Code Ordinance 2017-01) as a(n) local road, which requires 60 feet of right-of-way. The applicant shall
delineate on the site map or plat the future and existing right-of-way and the physical location of the road.
If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld
County Code, Chapter 23, Article Ill, Section 23-3-50, the required setback is measured from the future
right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is
maintained by Weld County.
County Road 102 is a gravel road and is designated on the Weld County Functional Classification Map
(Code Ordinance 2017-01) as a(n) local road, which requires 60 feet of right-of-way. The applicant shall
delineate on the site map or plat the future and existing right-of-way and the physical location of the road.
If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld
County Code, Chapter 23, Article Ill, Section 23-3-50, the required setback is measured from the future
right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is
maintained by Weld County.
County Road 149 is a gravel road and is designated on the Weld County Functional Classification Map
(Code Ordinance 2017-01) as a(n) local road, which requires 60 feet of right-of-way. The applicant shall
delineate on the site map or plat the future and existing right-of-way and the physical location of the road.
If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld
County Code, Chapter 23, Article Ill, Section 23-3-50, the required setback is measured from the future
right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is
maintained by Weld County.
County Road 90 is a gravel road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a(n) local road, which requires 60 feet of right-of-way. The applicant shall delineate
on the site map or plat the future and existing right-of-way and the physical location of the road. If the right-
of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County
Code, Chapter 23, Article Ill, Section 23-3-50, the required setback is measured from the future right-of-
way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained
by Weld County.
County Road 151 is a gravel road and is designated on the Weld County Functional Classification Map
(Code Ordinance 2017-01) as a(n) local road, which requires 60 feet of right-of-way. The applicant shall
delineate on the site map or plat the future and existing right-of-way and the physical location of the road.
If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld
County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future
right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is
maintained by Weld County.
County Road 153 is a gravel road and is designated on the Weld County Functional Classification Map
(Code Ordinance 2017-01) as a(n) local road, which requires 60 feet of right-of-way. The applicant shall
delineate on the site map or plat the future and existing right-of-way and the physical location of the road.
If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld
County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future
right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is
maintained by Weld County.
County Road 84 is a gravel road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a(n) local road, which requires 60 feet of right-of-way. The applicant shall delineate
on the site map or plat the future and existing right-of-way and the physical location of the road. If the right-
of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County
Code, Chapter 23, Article Ill, Section 23-3-50, the required setback is measured from the future right-of-
way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained
by Weld County.
County Road 82 is a gravel road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a(n) local road, which requires 60 feet of right-of-way. The applicant shall delineate
on the site map or plat the future and existing right-of-way and the physical location of the road. If the right-
of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County
Code, Chapter 23, Article Ill, Section 23-3-50, the required setback is measured from the future right-of-
way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained
by Weld County.
On the proposed route, there are a number of section line rights of way being crossed. Section line right-
of-way does not exist in all sections in Weld County and should be verified before a decision to utilize it is
made. Weld County commonly refers to these locations as "Non -Maintained Section Line Right -of -Way."
The existence of a physical road does not imply public right-of-way and the road may be located on private
property. All right-of-way should be verified and physical roads located in relationship to the public right-of-
way to ensure trespassing does not occur. The applicant shall verify the existing right-of-way and the
documents creating the right-of-way and this information shall be noted on the site plan or plat. The
applicant shall delineate on the site map or plat the existing right-of-way and physical location of existing or
proposed roads. If the right-of-way cannot be verified it shall be dedicated or an adequate easement
between property owners shall be provided. Pursuant to the definition of setback in the Weld County Code,
Chapter 23, Article Ill, Section 23-3-50, the required setback is measured from the future right-of-way line.
Be aware the physical roadway(s) may not be centered in the right-of-way. This road is NOT maintained by
Weld County.
The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to state highways.
Please contact Tim Bilobran at the Greeley office (970-350-2163) to verify the access permit or for any
additional requirements that may be needed. (State Highway 14)
The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to state highways.
Please contact Tim Bilobran at the Greeley office (970-350-2163) to verify the access permit or for any
additional requirements that may be needed. (State Highway 71)
Per Chapter 12, Article 4, Section 12-4-30.B, a Weld County Right -of -Way Use Permit is required for any
project that will be occupying, constructing or excavating facilities within, and/or encroaching upon, any
County rights -of -way or easement. Pipelines crossing a county road shall obtain a Right -of -Way Permit and
possibly a Special Transport Permit. Pipelines crossing county roads shall be bored, unless otherwise
approved by Public Works. Right -of -Way Use Permit instructions and application can be found at
https://www.weldgov.com/departments/publicworks/permits/.
Any oil and gas pipeline crossing an arterial 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.
Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate
existing utilities within the County right-of-way.
TRACKING CONTROL POLICY
Per Chapter 12, Appendix 12A.10.1, traffic volumes to the proposed facility may require the installation of
a tracking control device and/or a minimum of four inches of compacted recycled asphalt or aggregate road
base. Tracking control is required to prevent tracking from the site onto public roadways. Temporary
Tracking Control shall be used during construction unless permanent tracking control is installed ahead of
construction activities. Recycled concrete is not allowed in County right-of-way. Tracking control devices
can be double cattle guards or rip rap (6" washed rock). Tracking control for unmaintained public right-of-
way is required just prior to entering publicly maintained roadways. A variance request for alternatives to
the tracking control requirement can be submitted to Public Works for review and consideration.
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT
Public Works may require an Improvements Agreement for one or all the following reasons:
• Off -Site Public Improvements
• Road Maintenance Agreement
• Construction Maintenance Agreement
• Access Improvements Agreement
An Improvements Agreement is required for sites with required offsite improvements per Chapter 12, Article
5, Section 12-5-60. Collateral is required to ensure the improvements are completed, and maintained.
Improvements/Road Maintenance Agreement: An example agreement is available at:
https://www.weldqov.com/UserFiles/Servers/Server 6/File/Departments/Public%20Works/DevelopmentR
eview/sprusr.pdf. It will detail the approved haul route(s), outline when offsite improvements will be
triggered, and include a maintenance agreement for the haul routes. Possible mitigations included in the
road maintenance agreement may include but are not limited to: dust control and damage repairs.
DRAINAGE REQUIREMENTS
Pipelines are excepted from the requirements of a drainage report and detention pond design under 23-
12-30.F.1.a.5 for pipelines or transmission lines.
GRADING PERMIT
If more than 1 acre is to be disturbed for construction of non -pipeline items such as structures, parking lots,
laydown yards etc..., a Weld County grading permit will be required prior to the start of construction. Grading
Permit applications are accepted after the planning process is complete (plan recorded). An Early Release
Request Form may be entertained only after the applicant, Public Works and Planning Department have
reviewed the referral and surrounding property owner comments. The Early Release Request may or may
not be granted depending on referral comments and surrounding property owner concerns. Contact an
Engineering representative from the Public Works for more information.
A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact:
Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692-3575.
CONDITIONS OF APPROVAL
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 plan shall be amended to delineate the following:
1. County Road 82 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)
2. County Road 84 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)
3. County Road 151 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)
4. County Road 153 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 90 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 149 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 102 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 104 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 139 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 128 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)
11. County Road 132 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)
12. County Road 136 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)
13. County Road 105 is a gravel 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)
14. County Road 127 is a gravel 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)
15. County Road 118 is a gravel 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)
16. Show and label the section line Right -of -Way as "Section Line Right -Of -Way, not County
maintained." (Department of Public Works)
17. 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)
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)
DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN)
1. The property owner shall control noxious weeds on the site. (Department of Public Works)
2. During construction, the access(es) on the site shall be maintained to mitigate any impacts to the public
road including damages and/or off -site tracking. (Department of Public Works)
3. During construction, there shall be no parking or staging of vehicles on public roads. On -site parking
will be utilized. (Department of Public Works)
4. 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)
5. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be
the responsibility of Weld County. (Department of Public Works)
6. 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)
7. 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)
8. Any damage occurring to the right of way, caused by the pipeline, will be the responsibility of the
operator. (Department of Public Works)
9. The historical flow patterns and runoff amounts on site will be maintained. (Department of Public Works)
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
Memorandum
To: Chris Gathman
From: Lauren Light, Environmental Health Services
Date: June 28, 2018
Re: USR18-0043 Oneok, Inc.
Environmental Health Services has reviewed this proposal for a Site Specific
Development Plan and Use by Special Review Permit for a greater than 12 -inch high
pressure natural gas pipeline (20 -inch) in the A (Agricultural) Zone District.
Permanent water and sewer is not required as this request is a temporary construction
use. Portable toilets and bottled water can be utilized during construction of the
pipeline. As the amount of disturbed area exceeds 25 acres an Air Pollution Emission
Notice (APEN) is required.
We have no objections to the proposal; however, we do recommend that the following
requirements be incorporated into the permit as development standards:
1. 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.
2. 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.
3. 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.
4. 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
Health Administration
Vital Records
Icic: 9/U 304 6410
Fax: 9/U -3U1-6112
Public Health &
Clinical Services
Icic: 9/0 304 6420
Fax: 9 /0-304-6416
Environmental Health
Services
Tele: 970-304-6415.
Fax. 970-304-6411
Communication,
Education & Planning
Tele: 970-304-5470
Fax: 970-304-6452
Emergency Preparedness
& Response
Tele: 970-304-6470
Fax: 970-3O4-6452
Public Health
Quality Commission's air quality regulations.
5. 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.
6. 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.
7. The facility shall notify the County of any revocation and/or suspension of any
State issued permit.
8. The operation shall comply with all applicable rules and regulations of the State
and Federal agencies and the Weld County Code.
COLORADO
Parks and Wildlife
Department of Natural Resources
Fort Collins Office
317 W. Prospect Road
Fort Collins, CO 80526
P: 970-472-4300
July 2, 2018
Mr. Chris Gathman
Weld County Department of Planning Services
1555 N. 17th Avenue
Greeley, CO 80631
(970) 353-6100
cgathman®weldgov.com
RE: CPW's Comments on the ONEOK 20 -inch Natural Gas Pipeline, Weld County, CO
(Weld County USR18-0043)
Dear Chris,
Thank you for the opportunity for Colorado Parks and Wildlife (CPW) to comment on the
proposed ONEOK 20 -inch Natural Gas Pipeline (and associated ancillary disturbances such as
access roads) that bisects Weld County for approximately 45 miles. Our goal in responding to
land use proposals, such as this project, is to provide complete, consistent, and timely
information to all entities who request CPW's comment on matters within our statutory
authority. It is our understanding that this construction will begin July 2018 and will take 6-8
months to construct, and will be completed by March 2019.
The mission of CPW is to perpetuate the wildlife resources of the state, to provide a quality
state parks system, and to provide enjoyable and sustainable outdoor recreation opportunities
that educate and inspire current and future generations to serve as active stewards of
Colorado's natural resources. CPW has a statutory responsibility to manage all wildlife species
in Colorado, and to promote a variety of recreational opportunities throughout Colorado. One
way we achieve this goal is by responding to referral comment requests, as is the case for this
project.
Upon review of the proposed referral request and an internal review of this parcel, CPW has 7
(seven) biological concerns regarding this project:
1. Active Plains Sharp -tailed Grouse Leks. CPW recommends that the pipeline is not
constructed in the following lek (mating ground) locations (detailed below) between
March 1 and June 30. If this timing stipulation cannot be maintained, then CPW
recommends the applicant (and/or their biologist) consult with us on a site -specific
basis. Furthermore, CPW recommends that the applicant (or contractor)
Bob D. Broscheid, Director, Colorado Parks and Wildlife • Parks and Wildlife Commission: Robert W. Bray • Mane Haskett • Came Besnette Hauser
John Howard, Chair • Marvin McDaniel • Dale Pizel • James Vigil, Secretary • Dean Wingfield • Michelle Zimmerman, Vice -Chair • Alex Zipp
Elk Creek Pipeline (Weld County) — CPW Comments (7/2/18) Page 2 of 5
reclaim/restore these habitats with native grasses and forbs that will contribute to
optimate grouse habitat and to develop and implement a noxious weed management
plan.
a. T12N, R60W, Section 20 (SW 1/4), 27 (52 ft SWNW), 28 (SE '/a Et S2NE), and 34
(N2NE a SE 1A).
b. T11 N, R60W, Section 2 (W2NW), 3 (NE 1/a, E2NW), 11 (SE 1/4 and S2NE), 12
(W2SW Et SWNW), 13 (NWNW Et S 1/2), 14 (N2NE), and 24 (N').
c. T11 N, R59W, Section 19 (N 1/i a SE 1/4 >'t E2SW), 29 (NW 1/4 Et NWSW), and 30 (NE
1/4 a NESE).
2. Active Plains Sharp -tailed Grouse Production Areas. CPW recommends that the
pipeline is not constructed in the following production (nesting and brood -rearing)
locations (detailed below) between March 1 and June 30. If this timing stipulation
cannot be maintained, then CPW recommends the applicant (and/or their biologist)
consult with us on a site -specific basis. Furthermore, CPW recommends that the
applicant (or contractor) reclaim/restore these habitats with native grasses and forbs
that will contribute to optimate grouse habitat and to develop and implement a
noxious weed management plan.
a. T12N, R60W, Section 20 (all), 21 (52 Et W2NW), 27 (all), 28 (all), and 34 (all).
b. T11 N, R60W, Section 2 (all), 3 (all), 11 (all), 12 (all), 13 (all), 14 (all), and 24
(all).
c. T11 N, R59W, Section 19 (all), 29 (all), 30 (all), and 32 (NENE).
3. Active Raptor Nests. These three known active raptor nests (detailed below) are
located in the vicinity of this proposed pipeline route (though please note that this list
is not expected to be an extensive list of all the active raptor nests along this pipeline
route). If construction is proposed to begin during the recommended species -specific
avoidance dates and buffer distances, then please contact CPW for further
consultation.
a. Active Great -horned Owl nest in the NENW 1/4 of Section 15, T9N, R57W; and
NWNW 1/4 of Section 7, T8N, R56W. Recommended buffer distance is 100 meters
from January 1 through July 15.
b. Active Ferruginous Hawk nest in the SWNE 1% of Section 35, T9N, R57W.
Recommended buffer distance is 0.5 -mile from February 1 through July 15.
c. Active Swainson's Hawk nest in the SWSE 1/4 of Section 28, T8N, 56W.
Recommended buffer distance is 0.25 -mile from April 1 through July 15.
d. For the rest of the corridor in Weld County, if construction is proposed between
March 1 and August 15, then CPW recommends that the applicant's biologist
should complete raptor nesting surveys for other active raptor nests within one
month of initial site disturbance by focusing on these habitats - ground (e.g.,
northern harrier), trees, and man-made objects (e.g., poles). If an active nest is
observed, please contact CPW for appropriate nesting buffer and timing
Elk Creek Pipeline (Weld County) — CPW Comments (7/2118) Page 3 of 5
stipulations as specified in this document' and send the active nest's location to
CPW.
4. Avoid creeks with sensitive fish species. CPW has a mapped Recovery and
Conservation Water along North and South Pawnee creeks (detailed below), which
contains some species of Eastern Plains native fish . Therefore, CPW recommends that
the applicant ensure that site development (and supporting features such as access
roads) are located at least 300 feet from the edge of the edge of the riparian area (not
the center of the creek). Since it appears that the following creeks will be bisected,
CPW recommends that the applicant consult with CPW regarding best management
practices and the best timing for crossing these creeks.
a. North Pawnee Creek in the N2 of Section 35, T9N, R57W.
b. South Pawnee Creek in the 52 of Section 1, T8N, R57W.
c. North and South Pawnee creeks in most of Section 6, T8N, R56W.
5. Possible swift fox dens. CPW has mapped potential swift fox denning habitats located
in and along these portions of this proposed development (detailed below). Therefore,
if initial site disturbance will occur during the swift fox's denning season (April 1
through June 30), then CPW recommends that the applicant's biologist conduct an
initial site visit to determine if there is suitable habitat and -8-inch dens in and near
the site boundaries. If larger dens are present, then CPW recommends that the
applicant's biologist contact us for swift fox active den survey protocol and survey
dates.
a. T12N, R60, Section 20 (all), 21 (all), 27 (all), 28 (all), and 34 (all).
b. T11 N, R60W, Section 2 (all), 3 (all), 11 (all), 12 (all), 13 (all), 14 (all), and 24
(all).
c. T11 N, R59W, Section 19 (all), 29 (all), 30 (all), 32 (all), 33 (all), and 34 (all).
d. T10N, R59W, Section 2 (all), 3 (all), 4 (all), 11 (all), 12 (all), and 13 (all).
e. T10N, R58W, Section 17 (all), 18 (all), 20 (all), 21 (all), 24 (all), 25 (all), 27
(all), 28 (all), 34 (all), 35 (all), and 36 (all).
f. T10N, R57W, Section 19 (all), 30 (all), and 31 (all).
g. T9N, R58W, Section 1 (all), and 2 (all).
h. T9N, R57W, Section 6 (all), 7 (all), 8 (all), 9 (all), 10 (all), 15 (all), 16 (all), 22
(all), 23 (all), 26 (all), and 35 (all).
i. T8N, R57W, Section 1 (all), 12 (all), and 13 (all).
j. T8N, R56W, Section 6 (all), 7 (all), 18 (all), 19 (all), 20 (all), 21 (all), 28 (all),
33 (all), and 34 (all).
k. T7N, R56W, Section 2 (all), 3 (all), 11 (all), 12 (all), and 13 (all).
6. Possible burrowing owl nests. CPW has mapped potential burrowing owl nesting
habitats located in and along these portions of this proposed development (detailed
below). Therefore, CPW recommends that the applicant's biologist conduct an initial
site visit to determine if there is suitable habitat (such as small mammal burrows or
other artificial burrow types) are in and near the site boundaries. If suitable habitat is
1 https://cow.state.co.us/DocumentsNVildlifeSpecies/LivinaWithWildlife/RaptorBufferGuidelines2008.pdf
Elk Creek Pipeline (Weld County) — CPW Comments (7/2/18) Page 4 of 5
present and if initial site disturbance will occur during the owl's nesting season (March
15 through October 31), then CPW recommends that the applicant's biologist survey2
for burrowing owls.
a. T1ON, R58W, Section 35 (S 1/2), and 36 (5'/z Et SWNW).
b. T1ON, R57W, Section 31 (S 1/2).
c. T9N, R58W, Section 1 (all), and 2 (all).
d. T9N, R57W, Section 6 (all), 7 (all), 8 (all), 9 (all), 10 (all), 15 (all), 16 (all), 22
(all), 23 (all), 26 (all), and 35 (all).
e. T8N, R57W, Section 1 (all), 12 (all), 13 (all).
f. T8N, R56W, Section 6 (all), 7 (all), 18 (all), 19 (all), 20 (all), 21 (all), 28 (all),
33 (all), and 34 (all).
g. T7N, R56W, Section 2 (all), 3 (all), 11 (all), 12 (all), and 13 (all).
7. Discourage poaching during construction. There have been some recent incidents on
other developments where the construction crews and/or the public using construction
roads have illegally shot various wildlife (namely deer and pronghorn) in the areas
where they were constructing a new energy corridor. Therefore, we request that Weld
County make as a condition of approval for this project that the applicant conduct a
kickoff environmental briefing for all their construction and other field staff with a
CPW wildlife officer present on legal hunting (e.g. how they can purchase tags and
legal hunting seasons) in Colorado. Making this connection with the local wildlife
officer will also assist when the pipeline is operational and someone has a wildlife
and/or habitat -related question that will inevitably arise during all stages of
construction (e.g., dead deer or pronghorn found along this corridor), especially since
injured or deceased wildlife is not addressed in the Operations and Maintenance
Manual. It is imperative that this project is ethically constructed and does not illegally
take big game species in Weld County.
CPW appreciates the collaboration, as we strive for responsible energy development while
protecting sensitive habitats. If the timing or scope of this project changes and/or if you have
any questions, please contact Troy Florian, District Wildlife Officer, at 970-443-1993 or
troy.florian@state.co.us.
Sincer
ef
Ty etersburg
Area 4 Wildlife Manager
cc: Troy Florian, District Wildlife Manager - Eaton/North Pawnee District
Jason Surface, Assistant AWM - Area 4
2 httos: //cpw.state.co.us/Documents/WildlifeSpecies/LivineWithWildlife/RecommendedSurvevOwls.pdf
Elk Creek Pipeline (Weld County) — CPW Comments (7/2/18) Page 5 of 5
Mike Sherman, Area 4 Raptor Biologist
Brandon Marette, NE Region Energy Liaison
Wendy Figueroa, Area 3 Wildlife Biologist
Larry Conger, District Wildlife Manager - Sterling South
Todd Schmidt, Area 3 Wildlife Manager
Tom Kroening, Northeast Deputy Regional Manager
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