HomeMy WebLinkAbout20182083.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Kim Ogle Hearing Date: June 19, 2018
Case Number: USR18-0024
Applicants: Discovery DJ Services, LLC
Representative: Matthew T. Berghorn, Discovery DJ Services, LLC
7859 Walnut Hill Lane, Dallas, TX 75230
Request:
Legal
Description:
A Site Specific Development Plan and Special Review Permit for a greater than 12 -inch
high pressure natural gas pipeline approximately 1700 feet in length (16 inch natural
gas pipeline originating at the Discovery DJ Services Gas Plant (USR17-0059 and
USR16-0031) and terminating at the Kinder -Morgan interconnect), a less than 30 foot
in height communication tower and meter site (SUBX18-0006) appurtenances
associated with the Kinder -Morgan interconnect in the A (Agricultural) Zone District
The pipeline will cross Sections 11 and 10 of Township 1 North; Range 66 West of
the 6th P.M., Weld County, Colorado.
Generally located south of County Road 12; west of County Road 35; north of County
Location: Road 10 and east of County Road 31
Size of Parcel: +1- 3.12 acres
Parcel No.s 1471-10-1-00-079
1471-11-0-00-005
1471-11-0-00-009
1471-11-3-00-019
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
City of Fort Lupton, referral dated April 13, 2018
Weld County Department of Public Health and Environment, referral dated April 19, 2018
Weld County Department of Public Works, referral dated April 23, 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Weld County Zoning Compliance, referral dated March 27, 2018
Weld County Sheriff's Office, referral dated April 6, 2018
Fort Lupton Fire Protection District, May 11, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
▪ City of Brighton
▪ Platte Valley Conservation District
▪ History Colorado
> Public Service of Colorado
▪ Colorado Parks & Wildlife
▪ Town of Lochbuie
▪ Office of Emergency Management
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Discovery DJ Services, LLC
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Kim Ogle Hearing Date: June 19, 2018
Case Number: USR18-0024
Applicants: Discovery DJ Services, LLC
Representative: Matthew T. Berghorn, Discovery DJ Services, LLC
7859 Walnut Hill Lane, Dallas, TX 75230
Request:
Legal
Description:
A Site Specific Development Plan and Special Review Permit for a greater than 12 -inch
high pressure natural gas pipeline approximately 1700 feet in length (16 inch natural
gas pipeline originating at the Discovery DJ Services Gas Plant (USR17-0059 and
USR16-0031) and terminating at the Kinder -Morgan interconnect), a less than 30 foot
in height communication tower and Meter Site (SUBX18-0006) appurtenances
associated with the Kinder -Morgan interconnect in the A (Agricultural) Zone District
The pipeline will cross Sections 11 and 10 of Township 1 North; Range 66 West of
the 6th P.M., Weld County, Colorado.
Generally located south of County Road 12; west of County Road 35; north of County
Location: Road 10 and east of County Road 31
Size of Parcel: +1- 3.12 acres
Parcel No.s 1471-10-1-00-079
1471-11-0-00-005
1471-11-0-00-009
1471-11-3-00-019
Case Summary:
Discovery DJ Services, LLC is proposing to construct and operate a natural gas pipeline that will connect
the Fort Lupton Gas Plant to the Kinder -Morgan interconnect pipeline. The development of this 16 -inch
pipeline will increase the pipeline transport capacity of natural gas in Weld County, reduce the burden of
the vehicular transport on Weld County Roads, and support the safer transport of natural gas within the
County.
The pipeline would be constructed within an 80 -foot temporary construction easement unless otherwise
noted by the landowner agreements. Once the pipeline has been installed, the temporary easement will
be returned to its pre -construction contours and reclaimed with the permanent easement being 30 -feet in
width and will include aboveground equipment including one receiver at the Fort Lupton Gas Facility and
a gas meter and flow control valve at the Kinder -Morgan interconnect. Total land impacted by the
pipeline during construction will be approximately 3.12 acres while the permanent (right-of-way) will cover
approximately 1.17 acres. The meter station site will be 2.5 acres and is defined by SUBX18-0006 and
will include the meter station and associated encumbrances.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
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2. It is the opinion of the Department of Planning Services' staff 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.
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. Discovery DJ Services 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
and agricultural lands. The preferred route is sited on dryland grazing lands
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 located within the 3 -mile referral area of the Town of Lochbuie, City of Brighton
and City of Fort Lupton. The City of Fort Lupton returned a referral dated April 13, 2018 stating
they had reviewed the application and would like to discuss the potential for annexation and
request all pipelines be located outside of the future 85 -foot right-of-way for County Roads 12 and
35. The Town of Lochbuie, and City of Brighton did not return a referral response.
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 private easements have been negotiated for the pipeline with private land
owners and are of record, The preferred pipeline route minimizes environmental surface impacts.
The pipeline will cross under a PSCO electrical transmission line corridor.
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.
All pipelines will be compliant with the DOT requirements. Per this standard, pipelines are
required to have a minimum of four feet 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.
In addition to Discovery's monitoring and valve cutoff systems described in the section below,
Discovery will clearly mark the pipeline centerline with markers placed at line of site intervals,
and at road crossings. The markers will clearly indicate the presence of a gas pipeline, and
will provide a telephone number and address where a company representative can be
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reached in an emergency or prior to any excavation in the area of the pipeline. In addition,
Discovery participates in the "One Call" system. "One call" systems serve as the
clearinghouse for excavation activities that are planned close to pipelines and other
underground utilities.
Discovery maintains a monitoring system that includes a gas control center that tracks pressures,
flows, and deliveries on its entire system. The gas control center is staffed 24 hours a day, 7 days
a week, 365 days a year. Discovery also has area offices near the pipeline route with personnel
who can provide the appropriate response to emergency situations and direct safety operations
as necessary. Discovery's pipeline systems are equipped with remotely controlled valves that can
be operated from the gas control center. In the event of an emergency, the valves allow for a
section of the pipeline to be isolated from the rest of the system. Data acquisition systems are also
present at all of Discovery's meter stations. If system pressures fall outside of a predetermined
range, an alarm is activated, and notice is transmitted to the gas control center.
Routine ground inspections are conducted by Discovery personnel or contractors. These
inspections allow Discovery to identify soil erosion that may expose the pipeline; dead vegetation
that may indicate a leak in the line; unauthorized encroachment on the ROW by a third party; or
other conditions that may lead to a safety hazard and/or require preventative maintenance or
repairs.
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.
This route was selected as the preferred project route as it balances environmental sensitivity,
operational efficiency, cost minimization, and adjacent landowner considerations. As such,
Discovery has proposed this alignment as the preferred route as it helps meet the operational
needs of the project while minimizing impacts to the surrounding community and environment.
G. Section 23-2-480.A.7 - The nature and location or expansion of the pipeline will not
unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any
endangered wildlife species, unique natural resource, known historic landmark or archaeological
site within the affected area.
The pipeline crosses dryland pasture and vacant lands. Colorado Parks and Wildlife and History
Colorado did not return a referral response indicating a conflict with their interests.
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 Public Works 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. Discovery
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 health, safety, and welfare of the inhabitants of
the neighborhood and County.
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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.
1. Prior to recording the map:
A. A Road Maintenance Agreement is required during the construction of the pipeline. Road
maintenance may include dust control, tracking control, damage repair attributable to construction
of the pipeline and located within 1/2 mile of any construction access point for the project.
(Department of Public Works)
B. A Final Drainage Report and Certification of Compliance stamped and signed by a Professional
Engineer registered in the State of Colorado is required. (Department of Public Works)
C. The applicant shall provide clear information indicating where traffic for the site will be accessing
County Roads. (Department of Public Works)
D. The applicant shall submit SUBX18-0006 for recording and place the reception number and date
of recording on the USR Map. (Department of Planning Services)
E. The applicant shall coordinate a meeting with the property owner to discuss the potential for
annexation of the property to the City of Fort Lupton. (Department of Planning Services)
F. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0024. (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 any significant man-made features
within one-half (0.5) mile on each side of the approved route. (Department of Planning
Services)
5. County Road 31 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 12 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. From County Road 12 to approximately 2,700 feet south of County Road 12, County Road 35
is a paved road and is designated on the Weld County Functional Classification Map as a
local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate
on the site plan the existing right-of-way. All setbacks shall be measured from the edge of
right-of-way. This road is maintained by Weld County. (Department of Public Works)
8. From approximately 2,700 feet south of County Road 12 to County Road 10 right of way,
County Road 35 Section Line is shown to have 60 feet of unmaintained section line right -of -
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way per the Weld County GIS right-of-way map. The applicant shall delineate the existing
right-of-way on the site plan. All setbacks shall be measured from the edge of right-of-way.
Show and label the section line Right -of -Way as "CR 35 Section Line Right -Of -Way, not
County maintained." (Department of Public Works)
9. From County Road 33 right of way to County Road 35 right of way, County Road 10 Section
Line is shown to have 60 feet of unmaintained section line right-of-way per the Weld County
GIS right-of-way map. The applicant shall delineate the existing right-of-way on the site plan.
All setbacks shall be measured from the edge of right-of-way. Show and label the section line
Right -of -Way as "CR 10 Section Line Right -Of -Way, not County maintained." (Department of
Public Works)
10. From County Road 31 to County Road 33 right of way, 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 right-of-way. This
road is maintained by Weld County. (Department of Public Works)
11. Show and label the approved access locations, approved access width and the appropriate
turning radii (60') on the site plan. The applicant must obtain an access permit in the
approved location(s) prior to construction. (Department of Public Works)
12. Show and label the entrance gate if applicable. An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely clear
the traveled way when the gate is closed. In no event, shall the distance from the gate to the
edge of the traveled surface be less than 35 feet. (Department of Public Works)
13. The applicant shall show and label the accepted drainage features and drainage flow arrows.
Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area"
and shall include the calculated volume. (Department of Public Works)
14. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (Department of Public Works)
15. Show and label the boundary of SUBX18-0006 for Oil and Gas Support and Service: include
the reception number and date of recording
16. Show the Colorado Interstate Gas Transmission Line and associated easement for the
pipeline. Include the reception number and date of recording. (Department of Planning
Services)
17. Show the future City of Fort Lupton 85 -foot right-of-way for County Roads 12 and 35 as
stated in their referral dated April 13, 2018.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all
other documentation required as Conditions of Approval. The Mylar map shall be recorded in the
office of the Weld County Clerk and Recorder by the Department of Planning Services. The map
shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar map and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution. The applicant shall be
responsible for paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map
not be recorded within the required one hundred twenty (120) days from the date of the Board of
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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 mapsco.weld.co.us.
(Department of Planning Services)
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed for construction of non -pipeline items or the meter
site, a Weld County grading permit will be required. (Department of Public Works)
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)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Discovery DJ Services, LLC
USR18-0024
1. A Site Specific Development Plan and Special Review Permit for a greater than 12 -inch high pressure
natural gas pipeline approximately 1700 feet in length (16 inch natural gas pipeline originating at the
Discovery DJ Services Gas Plant (USR17-0059 and USR16-0031) and terminating at the Kinder -
Morgan interconnect), a less than 30 foot in height communication tower and Meter Site (SUBX18-
0006) appurtenances associated with the Kinder -Morgan interconnect 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 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)
6. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
7. 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)
8. The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement. (Department of Public Works)
9. Maintenance of unmaintained County right-of-way will not be the responsibility of Weld County.
(Department of Public Works)
10. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
11. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Public Works)
12. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2012 International Codes, 2006 International Energy
Code, and 2017 National Electrical Code. A Building Permit Application must be completed and two
(2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado
registered engineer shall be required or an Open Hole Inspection. (Department of Building Inspection)
13. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.5.) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Environmental Health)
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14. 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 Environmental Health)
15. During construction, waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions.
The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code.
(Department of Environmental Health)
16. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the project and until ground cover is established. Uses on the property shall comply
with the Colorado Air Quality Commission's air quality regulations. (Department of Environmental
Health)
17. During construction, adequate toilet facilities and handwashing units shall be provided. Portable
toilets are acceptable. Portable toilets shall be serviced by a cleaner licensed in Weld County and
shall contain hand sanitizers. (Department of Environmental Health
18. 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 Environmental Health)
19. The facility shall comply with all provisions of the State Underground and Above Ground Storage
Tank Regulations. (Department of Environmental Health)
20. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Environmental Health)
21. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S. (Department of Environmental Health)
22. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Environmental Health)
23. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
24. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations.
25. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans
or Development Standards, as shown or stated, shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
26. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners.
27. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
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commercial mineral deposits are essential to the state's economy; (b) the populous counties of the
state face a critical shortage of such deposits; and (c) such deposits should be extracted according to
a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these
areas must recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these resources
are protected property rights and mineral owners should be afforded the opportunity to extract the
mineral resource.
28. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties
in the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there
are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and county roads outside of municipalities. The sheer magnitude of the area to be served
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
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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.
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April 25, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
SCOTT ELERY
540 EAST BRIDGE ST STE A
BRIGHTON, CO 80601
Subject: USR18-0024 - A Site Specific Development Plan and Use by Special Review Permit for a
greater than 12 -inch high pressure natural gas pipeline approximately 1700 feet long (16 inch natural
gas pipeline), a less than 30 foot in height communication tower and Meter Site appurtenances in the A
(Agricultural) Zone District
On parcel(s) of land described as:
THE METER SITE WILL BE LOCATED IN SUBX18-0006, BEING PART OF THE E2NE4 SECTION 10,
T1 N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
THE PIPELINE WILL ORGINATE AT THE DISCOVERY FORT LUTPON GAS PLANT IN THE NW4 OF
SECTION 11, T1N, R66W, THEN HEAD WEST APPROXIMATELY 1700 FEET INTO SECTION 10,
T1N, R66W IN THE 6TH P.M., WELD COUNTY, COLORADO AND TERMINATE AT THE DISCOVERY
PRAIRE DOG METER SITE.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on June 19, 2018, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on July 11, 2018 at
10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150
O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.org
Page 2 of 2
If you have any questions concerning this matter, please call.
Respectfully,
Kim Ogl
Planner
March 26, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
SCOTT ELERY
540 EAST BRIDGE ST STE A
BRIGHTON, CO 80601
Subject: USR18-0024 - A Site Specific Development Plan and Use by Special Review Permit for a
greater than 12 -inch high pressure natural gas pipeline approximately 1700 feet long (16 inch natural
gas pipeline), a less than 30 foot in height communication tower and Meter Site appurtenances in the A
(Agricultural) Zone District
On parcel(s) of land described as:
SUBX18-0006, BEING PART OF THE E2NE4 SECTION 10, T1N, R66W OF THE 6TH P.M., WELD
COUNTY, COLORADO.
THE PIPELINE WILL ORGINATE AT THE NW4 OF SECTION 11, T1N, R66W AT THE DISCOVERY
FORT LUTPON GAS PLANT (USR16-0031 AND USR17-0059) THEN HEAD WEST APPROXIMATELY
1700 FEET INTO SECTION 10, -11 N, R66W AND TERMINATE AT THE DISCOVERY PRAIRE DOG
METER SITE (SUBX18-0006) ADJACENT TO THE COLORADO INTERSTATE GAS TRANSMISSION
LINE PIPELINE ALL IN THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Fort Lupton at Phone Number 303-857-6694
Brighton at Phone Number 303-655-2000
Lochbuie at Phone Number 303-655-9308
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
Kim Ogle
Planner
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