HomeMy WebLinkAbout20181203.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0008, FORA GREATER THAN 12 -INCH HIGH PRESSURE NATURAL
GAS PIPELINE APPROXIMATELY 2.5 MILES LONG (24 -INCH NATURAL GAS
PIPELINE) IN THE A (AGRICULTURAL) ZONE DISTRICT - KERR-MCGEE
GATHERING, 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 25th day of
April, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Kerr-McGee Gathering, LLC, 1099 18th Street, Denver, CO 80202, for a Site
Specific Development Plan and Use by Special Review Permit, USR18-0008, for a greater than
12 -inch high pressure natural gas pipeline approximately 2.5 miles long (24 -inch natural gas
pipeline) in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
The Pipeline will originate in Section 15, Township 1
North, Range 67 West, and cross Sections 16, 9, 19,
8, and terminae at a proposed Compressor Station,
in Section 7, Township 1 North, Range 67 West of
the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-490.A — All reasonable efforts have been made to avoid
irrigated cropland or to minimize the negative impacts on agricultural uses
and lands. The application indicates that the pipeline will be located to
minimize impacts on the operation of irrigation equipment. All soils
removed for installation of the pipeline will be returned to their original
location and will not be moved off -site. Kerr-McGee Gathering indicates
that they will repair and/or replace any facilities damaged or removed
during the placement of the pipeline. The pipeline route minimizes
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SPECIAL REVIEW PERMIT (USR18-0008) — KERR-MCGEE GATHERING, LLC
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environmental impacts such as wetland areas, water bodies and
agricultural lands. The pipeline route is sited on plowed fields and irrigated
lands and will be bored under the Little Dry Creek.
B. Section 23-2-490.B — The pipeline will not have an undue adverse effect
on existing and future development of the surrounding area, as set forth in
applicable Master Plans. The pipeline is located within the three (3) mile
referral area of the Towns of Dacono and Frederick, neither returned a
referral response.
C. Section 23-2-490.C — The design of the proposed pipeline mitigates
negative impacts on the surrounding area to the greatest extent feasible.
The applicant indicates that many private easements (rights -of -way without
fee ownership) have been negotiated for the pipeline with private land
owners. The pipeline route minimizes environmental surface impacts. The
pipeline will cross under County maintained roads and the Little Dry Creek
floodplain. In a referral received from the Weld County Floodplain planner,
dated February 1, 2018, the applicant shall submit a Floodplain Permit prior
to installing the pipeline, and delineate the floodplain and floodway (if
applicable) boundaries on the map.
D. Section 23-2-490.D — The site shall be maintained in such a manner so as
to control soil erosion, dust and the growth of noxious weeds. The
Conditions of Approval and Development Standards will ensure that there
is no fugitive dust or erosion and will ensure the control of noxious weeds.
Best Management Practices (BMPs) will be required for all construction
areas, including erosion control methods, dust suppression, et cetera.
E. Section 23-2-490.E — The applicant has agreed to implement any
reasonable measures deemed necessary by the Board of County
Commissioners to ensure that the health, safety and welfare of the
inhabitants of the County will be protected, and to mitigate or minimize any
potential adverse impacts from the proposed pipeline. The applicant has
proposed a number of measures to mitigate impacts from the pipeline
including the boring beneath County roads to avoid damage to the road
surface or disruption to traffic flow, if 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
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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. Kerr-McGee Gathering will clearly mark the pipeline centerline
with markers placed at line of site intervals and at all road 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. Kerr-McGee
Gathering also participates in the Colorado "One Call" system, which
serves as a clearinghouse for excavation activities that are planned close
to pipelines and other underground utilities. 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
Kerr-McGee Gathering as the owner/operator, and 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 Kerr-McGee Gathering 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,
Kerr-McGee Gathering 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
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situation. Depending upon the nature of the emergency, local emergency
responders would be notified, and Kerr-McGee Gathering would implement
their internal safety response procedures, including dispatching trained
personnel to the site of the emergency.
F. Section 23-2-490.F —All reasonable alternatives to the proposal have been
adequately assessed, and the proposed action is consistent with the best
interests of the people of the County and represents a balanced use of
resources in the affected area. The applicant utilizes an existing multi -line
pipeline right-of-way corridor negotiated through agreements with private
property owners.
G. Section 23-2-490.G — The nature and location or expansion of the pipeline
will not unreasonably interfere with any significant wildlife habitat and will
not unreasonably affect any endangered wildlife species, unique natural
resource, known historic landmark or archaeological site within the affected
area. A Cultural Resource Inventory prepared and submitted by Tetra
Tech, Inc., Consultants, dated January, 2018, for the Erie to Frederick
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 and History Colorado did not return
a referral response indicating a conflict with their interests.
H. Section 23-2-490.H — 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. Kerr-McGee Gathering 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. The Design
Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards can ensure that there are adequate provisions for
the protection of the health, safety, and welfare of the inhabitants of the
neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Kerr-McGee Gathering, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0008, for a greater than 12 -inch
high pressure natural gas pipeline approximately 2.5 miles long (24 -inch natural gas pipeline) in
the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
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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, and
damage repair attributable to construction of the pipeline and located within
0.5 miles of any construction access point for the project.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0008.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-520 of
the Weld County Code.
4) The final location of the permanent gas pipeline easement with
dimension of permanent easement, property ownership, parcel
number, all easements of record, and all physical encumbrances.
5) County Road 10 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 the right-of-way. This road is maintained
by Weld County.
6) County Road 15 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.
7) 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.
8) Show and label the Central Weld County Water District crossing
agreement reception number for the subsurface water pipeline.
9) Show the floodplain and floodway (if applicable) boundaries on the
map. Label the floodplain boundaries with the FEMA Flood Zone
and FEMA Map Panel Number or appropriate study.
10) Show and label all recorded easements on the map by book and
page number or reception number and date on the plan.
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2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) paper copy or one (1) electronic copy (.pdf) of the map for preliminary approval
to the Weld County Department of Planning Services. Upon approval of the map
the applicant shall submit a Mylar map along with all other documentation required
as Conditions of Approval. The Mylar map shall be recorded in the office of the
Weld County Clerk and Recorder by the Department of Planning Services. The
map shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar map and additional requirements shall be
submitted within one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution. The applicant shall be responsible for paying
the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map not be recorded within the required one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge shall be added for each additional three (3)
month period.
4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable format is a projected ESRI
shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983
UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS
0501 (US Feet)....etc.). This digital file may be sent to maps@co.weld.co.us.
5. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to
construction of the pipeline.
B. The applicant shall submit evidence of a right-of-way permit for any work
that may be required in the right-of-way and/or a special transport permit
for any oversized or overweight vehicles that may access the site.
C. The applicant shall submit a Flood Hazard Development Permit, for review
and approval, prior to installing the pipeline or any improvements or new
construction within the floodplain.
D. The applicant must obtain an access permit in the approved location(s)
prior to construction.
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.
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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 25th day of April, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
dartifet)W....do;ok.
WELD COUNTY, COLORADO ATTEST:EXCUSED
Steve Moreno, Chair
Weld County Clerk to the Board
EXCUSED
BY:
Deputy lerk to the B
APPD AS T
oun y • orney
Date of signature: 05-13 -/8
Barbara Kirkme er, Pro -Tern
I;i
P. Conway
1t A. Cozad
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Mike Freeman
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KERR-MCGEE GATHERING, LLC
USR18-0008
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0008, is
for a greater than 12 -inch high pressure natural gas pipeline approximately 2.5 miles long
(24 -inch natural gas pipeline) in the A (Agricultural) Zone District, subject to the
Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The property owner or operator shall provide written evidence of an approved Emergency
Action and Safety Plan on or before March 15th of any given year signed by
representatives for the Fire District and the Weld County Office of Emergency
Management to the Department of Planning Services.
4. 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.
5. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
6. 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.
7. 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.
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 2017 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review. A
Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection.
9. Any improvements or new construction in the floodplain will require a Flood Hazard
Development Permit.
10. 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 #08123C -2100E, effective date January 20,
2016, (Little Dry Creek Floodplain). Any development shall comply with all applicable Weld
County requirements, Colorado Water Conservation Board requirements as described in
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DEVELOPMENT STANDARDS (USR18-0008) — KERR-MCGEE GATHERING, LLC
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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.
11. 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 boundary has been modified.
12. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 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, during construction.
13. No permanent disposal of wastes shall be permitted at this site, during construction. 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, Section 30-20-100.5, C.R.S.
14. During construction waste materials shall be handled, stored, and disposed of in a manner
that controls fugitive dust, blowing debris, and other potential nuisance conditions. The
facility shall operate in accordance with Chapter 14, Article I, of the Weld County Code.
15. 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.
16. 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.
17. Adequate handwashing and toilet facilities shall be provided during construction of the
project. Portable toilets are acceptable. Portable toilets shall be serviced by a cleaner
licensed in Weld County and shall contain hand sanitizers.
18. The facility shall notify the County of any revocation and/or suspension of any State issued
permit.
19. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
20. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
21. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
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22. 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.
23. 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.
24. 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.
25. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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