HomeMy WebLinkAbout20183605.tiff z8o MEMORANDUM
TO: Kim Ogle, Planning Services
DATE: September 7, 2018GO .Nr�
FROM: Evan Pinkham, Public Works
SUBJECT: USR18-0080 NWC Development
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 approximately thirty (30) miles in length, (2-20-inch natural gas
pipelines) originating north of New Liberty Road and east of County Road 15 within the Town limits of
Windsor and terminating south of the intersection of County Road 92 and west of County Road 31 within
the Town Limits of Pierce. These pipelines will also cross into the Town of Severance. Lands within Weld
County crossed by the pipeline are 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 Roads 25, 27, 70, 72, 76, 78, 80, 84, 86, & 88 are gravel roads and are designated on the Weld
County Functional Classification Map (Code Ordinance 2017-01) as local roads, 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. These roads are maintained by Weld County.
County Road 23 is a paved 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 29 in this location is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as an arterial road, which in this location requires 100 feet of right-of-way. If the right-
of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of
the road. 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. This road is maintained by Weld
County.
This portion of County Road 74 is under the jurisdiction of the City or Town (municipality) of Severance.
The municipality has jurisdiction over access to the road. Please contact the municipality to verify the
access permit or for any additional requirements that may be needed to obtain or upgrade the permit.
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, 257 & 392)
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.weldgov.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 Roads 25, 27, 70, 72, 76, 78, 80, 84, 86, & 88 are gravel roads and are designated on the
Weld County Functional Classification Map as local roads 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. These roads are maintained by Weld County.
(Department of Public Works)
2. County Road 23 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)
3. County Road 29 is designated on the Weld County Functional Classification Map as an arterial
road, which in this location requires 100 feet of right-of-way. If the right-of-way cannot be verified it
shall be dedicated. All setbacks shall be measured from the edge of future right-of-way.
(Department of Public Works)
4. 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. 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)
6. 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)
7. Any damage occurring to the County right-of-way or County maintained roadway, caused by the
pipeline, will be the responsibility of the operator. (Department of Public Works)
8. The historical flow patterns and runoff amounts on site will be maintained. (Department of Public Works)
�•`T . ` WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
-► ! 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
Memorandum
To: Kim Ogle
From: Lauren Light, Environmental Health Services
Date: September 5, 2018
Re: USR18-0080 NWC Development LLC
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 (2-20-inch natural gas pipelines) approximately thirty (30)
miles in length 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.
Health Administration Public Health& Environmental Health Communication, Emergency Preparedness
Vitol Records Clinical Services Services Education&Planning &Response [�]
cla 9/U 304 6410 Icic:9/0 304 6420 Tele:970-304-6415 Tele:970-304-6470 Tele:970-304-6470
Fax: 9/U-3UT-6412 Fax: 9i0-304-6416 FIIx: 970-304-6411 Fax: 970-304-6452 Fax: 970-304-6452 Public Health
Uses on the property shall comply with the Colorado Air 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 operation shall comply with all applicable rules and regulations of the State
and Federal agencies and the Weld County Code.
181 MEMORANDUM
1 '� 1 �n�� TO: K. Ogle DATE: August 15, 2018
u_81 T Y FROM: Diana Aungst, CFM
SUBJECT: USR18-0080, NWC Development LLC
PROJECT:
A Site Specific Development Plan and Use by Special Review Permit for a greater than 12-inch high
pressure natural gas pipeline approximately thirty (30) miles in length, (2-20-inch natural gas pipelines)
originating north of New Liberty Road and east of County Road 15 within the Town limits of Windsor and
terminating south of the intersection of County Road 92 and west of County Road 31 within the Town
Limits of Pierce. These pipelines will also cross into the Town of Severance. Lands within Weld County
crossed by the pipeline are in the A (Agricultural)Zone District.
PARCEL: Multiple
CONDITION OF APPROVAL:
1. Any improvements or new construction in the floodplain require a Flood Hazard Development Permit.
(Department of Planning Services - Floodplain)
DELINEATE ON THE PLAT:
1. 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.
(Department of Planning Services - Floodplain)
DEVELOPMENT STANDARDS:
1. 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 Maps. Any development shall comply with all applicable Weld County requirements,
Colorado Water Conservation Board requirements as described in Rules and Regulations for
Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR
parts 59, 60, and 65. The FEMA definition of development is any man-made change to improved or
unimproved real estate,including but not limited to buildings or other structures, mining,dredging,filling,
grading, paving, excavation, drilling operations,or storage of equipment and materials. (Department of
Planning Services - Floodplain)
2. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities,the owner should contact Weld County to determine if the floodplain boundaries
have been modified. (Department of Planning Services - Floodplain)
S‘imni. Town O
August 28, 2018
Weld County Planning Department
1555 N. 17th Avenue
Greeley, CO 80631
USR 18-0080:
The Town of Severance requests that all pipeline is located outside of town Right
of Way except at perpendicular crossings, which will be approved through the
standard ROW Permit application and approval process.
If either party has any questions regarding the details of this letter, please contact
either Mitch Nelson or Nicholas Wharton at 970-686-1218.
Respectfully yours,
Severance Town Staff
3 S.Timber Ridge Parkuway•P.O.Box 339•Severance,Colorado 80546•Phone 970.686,1218•Fax 970.686.6250
TOWN OF
WINDSOR
COLORADO
Via Email: kogle@weldgov.com
September 6, 2018
Kim Ogle
Weld County Planning Dept.
1555 N17th Ave
Greeley, CO 80631
Subject: USR18-0080 - Referral Response
Dear Ms. Ogle,
Thank you for the opportunity to review the subject Use by Special Review permit. The
proposal is located within the Town's Growth Management Area (GMA) and three-mile
planning area, so we request that any further submittals be sent to the Windsor Panning
Department for review. Additionally, development will cross current Windsor right-of-
ways and therefore will require permits and coordination with Windsor Engineering staff.
Windsor's Engineering staff had the following comments regarding the referral:
• See comments on sheets 6 & 7. Close coordination is necessary with Windsor
for the reach of pipeline from SH 392 to the Poudre River.
• Work in the Town ROW will require permitting. License agreements are also
needed for crossing ROW.
Please also refer to the comments on the attached plans.
Sincerely,
Devin King, Planner 1
dkinq( windsorgov.com
301 Walnut Street Office: 970-674-2400
Windsor, CO 80550 Fax: 970-674-2456
www.windsorgov.com
Mr. Kim Ogle September 5, 2018
Weld County Department of Planning Services
1555 N 17th Ave.
Greeley, CO 80631
Dear Mr. Ogle,
This correspondence is in reference to the application by NWC
Development for two (2) twenty inch diameter pipelines that appear to
cross the Miles Lateral Irrigation Ditch in multiple locations (Case
Number: USR18-0080). We are not objecting to the pipeline crossing
these ditches but would like to request the County condition it's
approval of the application upon obtaining crossing agreements with
the ditch company for the pipelines.
We have been contacted by the applicant but have not yet received
formal application or had a chance to review the specifications. Once
our requirements have been satisfied we will grant the crossing with an
agreement that will then be recorded with the Clerk and Recorder in
Weld County. We can also inform you of our agreement.
Again, we are not objecting to the pipeline but need to make sure our
ditch is not unnecessarily damaged or otherwise compromised by the
pipeline crossings. Thank you in advance for your consideration.
I-
, .. �. Date 1w s.- IS
Harlan Simonsen, President,
Miles Lateral Irrigation
39553 Rangeview Drive
Severance, CO
Submit by Email
Weld County Referral
c O V IS T V.1
August 10, 2018
The Weld County Department of Planning Services has received the following item for review:
Applicant: NWC DEVELOPMENT LLC Case Number: USR18-0080
Please Reply By: September 7, 2018 Planner: Kim Ogle
Project:A Site Specific Development Plan and Use by Special Review Permit for a greater than 12-inch
high pressure natural gas pipeline (2-20-inch natural gas pipelines) approximately thirty(30) miles in
length in the A(Agricultural) Zone District.
Location: SOUTH OF CR 92; EAST OF CR 31; NORTH OF CR 60 EAST OF CR 13
Parcel Number: Multiple Parcels
Legal: THE PROPOSED PIPELINE WILL CROSS SECTIONS 20, 21, 28, 29, 32, TBN, R66W;
SECTIONS 5, 7, 8, 18, 19, 30, 31, T7N, R66W; SETCTIONS 6AND 7, T6N, R66W; SECTIONS 1, 12,
13, 14, 23, 26, 29, 30, 31, 32, 34, 35, T6N, R67W; SECTIONS 3, 4, 5 T5N, R67W of the 6th P.M., Weld
County, Colorado.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
r] We have reviewed the request and find that it does/does not comply with our Comprehensive
Plan because.'
HWe have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature Date
Agency
Weld County Planning Dept. 1555 N 17th Ave,Greeley,CO.80631 (970)400-6100 (970)304.6498 fax
•
Irrigation Office
www.eatonditch.com 106 ELM AVENUE TELEPHONE 970-454-3377
info@eatonditch.com EATON, COLORADO 80615 FAX 970-454-0154
Larimer& Weld Irrigation Co. • Larimer&Weld Reservoir Co. • WRCC,Inc. • Owl Creek Supply& Irrigation Co.
Divide Canal& Reservoir Co. • Lucas Lateral Ditch Co. • Montgomery Lateral • Town Boyd Lateral Co, • For Far Lateral Co
Gale Lateral Co. • West Irrigation Co. • Decker Lateral Co. •Graham Lateral Co.
September 6, 2018
Weld County Planning Department
1555 N. i 7th Avenue
Greeley, CO 80631
RE: NWC Development LLC (Case Number USRl8-0080)
Dear Weld County Planning Department,
We are writing on behalf of the Larimer and Weld Irrigation Company(L WIC), Larimer and Weld
Reservoir Company (LWRC), and the Windsor Reservoir and Canal Company (WRCC),
collectively the "Companies." The Companies are requesting that the Planning Department
impose additional requirements and obtain additional information from NWC Development on the
proposed dual 20-inch natural gas pipelines, and as grounds therefore states as follows:
The Eaton Ditch is owned and operated by the LWIC, for the benefit of the Companies'
shareholders. The Companies deliver water to their shareholders, some of whom take delivery of
their share water through numerous laterals off of the Eaton Ditch. Two such laterals are the Miles
Lateral and the Roullard Lateral, which share a common headgate of the Eaton Ditch in the NE
of Section 36,Township 7 North,Range 67 West. A general vicinity map showing the Eaton Ditch,
Miles Lateral and the Roullard Lateral is enclosed with this letter.
From the information submitted to the County by NWC Development, the proposed pipelines will
cross the Eaton Ditch in one location north of WCR 76. The pipelines are also proposed to cross
the Miles Lateral and the Roullard Lateral in several locations as the pipelines wind through this
part of the County. In addition to crossing these laterals, NWC also proposes to construct the
pipelines in close proximity to the ditches and other infrastructure. The Companies have
easements on either side of the ditches for ingress, egress, repair, operation, maintenance, and
replacement of the ditches and the construction of the pipelines by NWC shall not obstruct nor
interfere with the use of the Companies' easements.
To protect the Companies interests in maintaining their ditches, as well as their legal rights to
access and operate the ditches and deliver water to their shareholders, the Companies require all
entities seeking to cross their ditches to enter into an agreement with the Companies. NWC is
required to enter into such agreements with the Companies to address each of the crossings along
the Eaton Ditch, the Miles Lateral and the Roul lard Lateral. Similarly, given the close proximity
Weld County Planning Department
Page 2
September 6, 2018
of the proposed pipelines to the Miles Lateral and the Roullard Lateral, care will have to be taken
to protect the integrity of the ditch banks, both during construction and following construction.
Construction and placement of the pipelines will have to be coordinated with Company personnel
so as not to interfere with the Company's operations or its legal rights to access, operate, and repair
the ditches and infrastructure. Such agreements need to be entered into prior to construction
commencing.
We appreciate your consideration of these comments and look forward to working with the County
and NWC to address these issues.
Sincerely,
Russ Leffler, President
Larimer& Weld Reservoir Company
WRCC, Inc.
r • _ 'r�.- f 1
1
Lynn Fagerberg, 1'residciit
Larimer & Weld Irrigation Company
xc: Kimberly Nelson
Ryan Donovan
Brad Grasmick
FSCHER, BROWN, BARTLETT & GUNN, PC
MARGARET A.(Meg)BROWN WARD H.FISCHER(1929-1996)
DANIEL K.BROWN �� , WILLIAM H.BROWN(Of Counsel)
BRENTA.BARTLETT WILLIAM C.GUNN(Of Counsel)
LISA A.LARSEN WILLIAM R.FISCHER(Of Counsel)
SARA J.L.IRBY ATTORNEYS AT LAW
DONALD E.FRICK Phone:970.407.9000
TODD W.ROGERS 1319 East Prospect Road Fax:970.407.1055
Fort Collins,CO 80525 Website:www.fbbglaw.com
September 7, 2018
Weld County Planning Department SENT VIA EMAIL AND/OR REGULAR MAIL
Attn: Kim Ogle
1555 N. 17th Avenue
Greeley, CO 80631
RE: Application of NWC Development LLC
Case No. USR18-0080
Dear Ms. Ogle:
Please be advised that Fischer, Brown, Bartlett & Gunn, P.C., represents the following
ditch companies, which own and operate the following ditches (collectively referred to as the
"Ditches"):
Ditch Company Ditch General location of potential
crossing based on
application diagramst
The Water Supply and Larimer County Canal2 Sections 7 and 8, Township 7
Storage Company North, Range 66 West;
Sections 18 and 19, Township
7N, Range 66 West of the 6th
P.M.
The Sections listed are based on our initial review of the maps and diagrams provided by Applicant. The Ditch
Companies reserve the right to amend these Sections upon further review of the proposed plans with Applicant.
2 The Larimer County Canal is mistakenly referred to as the"Collins Lateral" on the topographic map used by
Applicant. From Black Hollow Reservoir,the ditch identified as the"Collins Lateral" is actually the Larimer
County Canal,owned and operated by the Water Supply and Storage Company. It becomes the Collins Lateral at
Highway 85.
1
The Pierce Lateral Ditch Pierce Lateral Sections 21, 29, 32, Township
Company 8N, Range 66 West; Sections
5, 6, 7, 8, 18, Township 7
North, Range 66 West of the
6th P.M.
The Whitney Ditch Whitney Ditch SW 1/4 Section 26, Township 6
Company3 North, Range 67 West of the
6th P.M.
New Cache la Poudre New Cache Ditch(a.k.a. NE ', Section 23, Township 6
Irrigating Company Greeley No. 2 Canal) North, Range 67 West of the
6th P.M.
Each ditch company has a valid and existing right-of-way and easement for their
respective ditches and sufficient lands on each side of their ditches to allow the companies to
fully enjoy and utilize the easement and right-of-way for access, maintenance, repair and
replacement of the ditches and their other facilities and appurtenances (the "Ditch Easements").
Pursuant to the Notice, Applicant intends on installing the high pressure pipeline in
portions of Sections 20, 21, 28, 29 32, Township 8 North, Range 66 West; Sections 5, 7, 8, 18,
19, 30, 31, Township 7 North, Range 66 West; Sections 6 and 7, Township 6 North, Range 66
West; Sections 1, 12, 13, 14, 23, 26, 29, 30, 31, 32, 34, 35, Township 6 North, Range 67 West;
Sections 3, 4, 5 Township 5 North, Range 67 West of the 6th P.M. All of the Ditches referenced
above will have to be crossed in at least one location by the proposed Pipeline. The exact legal
description for each crossing shall be provided by Applicant.
To ensure that the crossings do not unreasonably interfere with the use, maintenance and
operation of the Ditches, no crossing of the Ditches and Ditch Easements shall be allowed
without the Ditch Companies' prior written permission. Accordingly, each of the Ditch
Companies request that the County's approval of the application be conditioned upon Applicant
entering into a written crossing agreement with each Ditch Company prior to commencing any
construction or installation of the Pipeline on, under or across each Company's Ditch and Ditch
Easement. Such agreement shall include without limitation, a term requiring Applicant to submit
detailed plans and specifications of the proposed Pipeline crossing to each Ditch Company for its
review, and obtaining each Ditch Company's approval of such plans that relate to crossing its
respective Ditch, before commencing any construction or installation of the Pipeline.
3 Please note Applicant has entered into a crossing agreement with New Cache la Poudre Irrigating Company,and is
in the process of reaching an agreement with Whitney Ditch Company.
2
Thank you for your consideration. Should you have any questions please do not hesitate
to contact me.
Sincerel
Sara J.L. Irby
cc: Dennis Harmon—WSSC
Brian Foss—Fierce Lateral
Judy Firestein—Whitney
Dale Trowbridge—New Cache
3
From:Wilson,Jeff- FSA, Greeley, CO <Jeff.Wilson@co.usda.gov>
Sent: Friday, August 10, 2018 9:52 AM
To: Kristine Ranslem <kranslem@weldgov.com>
Cc: Kim Ogle <kogle@weldgov.com>; Lacy, Susan - FSA, Greeley, CO <susan.lacy@co.usda.gov>
Subject: RE: USR18-0080 Referral
Kristine and Kim,
I have completed the request and it has been submitted. My understanding of this request is that it is
only for the pipeline. Is that correct?
Pipeline installation is not a problem with the Conservation Reserve Program administered by the Farm
Service Agency as long as the disturbed area is revegetated.
At the North end of the pipeline is a Conservation Reserve Program Contract with NWC and when a
production facility is requested we will need the landowner/contract holder(NWC)to buy out the
portion of the contract that will not be in a conservation use.
(74 kesor, CED
Weld County Farm Service Agency
4302 W 9th Street Road
Greeley,CO 80634
jeff.wilson@co.usda.gov
970.356.8097 phone
844.332.7505 fax
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o l_ftoo COLORADO
CO ns f9s Parks and Wildlife
Department of Natural Resources
Fort Collins Office/Area 4
317 W Prospect Rd.
Fort Collins, CO 80526
P 970.472.4300 I F 970.472.4458
September 14, 2018
Ms. Kim Ogle
Weld County Planner
1555 N 17th Ave
Greeley, CO 80831
kogle@co.weld.co.us
RE: CPW's Comments on the Pierce Trunk St Raindance Lateral Pipelines, Weld County
(located South of County Road 92, West of County Road 31, North of County Road 60,
and East of County Road 13) (Weld County Case No. USR18-0080)
Dear Kim,
Thank you for the opportunity for Colorado Parks and Wildlife (CPW) to comment on the
proposed NWC Development's Pierce Trunk Pipeline Project (Project). It is our understanding
that this approximately 30-mile long new pipeline, located in or near the towns of Windsor,
Greeley, Severance and Pierce, will be comprised of two 20-inch diameter high pressure natural
gas pipelines. CPW further understands that this project will terminate at the proposed REP
Natural Gas Processing Facility near Pierce, and is proposed to begin construction of at least a
36-inch trench in the Fall of 2018 and last through the Spring of 2019, and have approximately
90 acres of temporary impacts to mostly irrigated and dryland agricultural land. Furthermore,
CPW understands that this project will be bored underneath the riparian vegetation at the
Cache la Poudre River.
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 six
(6) potential biological concerns regarding this project:
1. Avoiding impacting and disturbing an active bald eagle nest (T6N, R67W, Section 34,
NESW) and 1/2-mile buffer from October 15 (or observed start of nest building
activities) through July 31 (or the date of the first flight of the last eaglet).
4°rr
Bob D.Broscheid,Director,Colorado Parks and Wildlife•Parks and Wildlife Commission:Robert W.Bray•Marie Haskett•Carrie Besnette Hauser
John Howard,Chair Marvin McDaniel•Dale Pizel•James Vigil,Secretary•Dean Wingfield• Michelle Zimmerman,Vice-Chair•Alex Zipp
876.x.:�.'
Pierce Trunk Et Raindance Natural Gas Pipelines-CPW Comments (9114118)
2. This corridor has the following areas mapped as bald eagles winter concentration
areas. Therefore, if initial site disturbances are going to occur between November 15
and March 15, then CPW recommends that the developer perform bald eagle
occupation surveys within 0.25-mile of this corridor with areas of potential habitat
(e.g., mature trees and/or riparian areas).
a. T7N, R66W, Section 31 (S ' ).
b. T6N, R66W, Section 6 (N 1).
c. T6N, R67W, Section 1 (NE 1/4), 29 (N 1 Et E2SE), 30 (NENE), 34 (all but NE 1/4), 35
(all but N '/4).
3. Avoid impacting potential burrowing owl nesting habitats (e.g., small mammal
burrows) during their nesting season (March 15 through October 31) for the following
areas along this corridor. If potential habitat is present and if initial site disturbance
will occur during their nesting season, then CPW recommends that the developer contact
us for survey protocol.
a. T8N, R66W, Sections 29 (SW 1/4), 32 (all).
b. T7N, R66W, Sections 5 (all but SE 14), 7 (all), 18 (W 1/2), 19 (W 1/2), 30 (W 1/2), 31
(W1).
c. T6N, R67W, Section 29 (SW 1/4), 31 (NENE), 32 (NWNW, NWNE).
d. T5N, R67W, Section 3 (all), 4 (W 1/4), 5 (SESE).
4. Avoid impacting potential swift fox denning habitats (i.e., -8-inch burrows) during their
denning season (April 1 through June 30) for the following areas along this corridor. If
larger dens are present and initial site disturbance will occur during the swift fox's
denning season (April 1 through June 30), then CPW recommends that the developer
contact us for survey protocol.
a. T8N, R66W, Sections 20 (all but SE 1/4), 21 (NW 1/4), 29 (W 1/4), 32 (W2NW).
b. T6N, R67W, Section 34 (5 ' ).
c. T5N, R67W, Section 3 (NE 1/4).
5. Avoid impacting any potential active raptor nests (e.g., trees, ground, man-made
structures) during the nesting season (generally February 1 through August 15). Please
send any active nest locations to CPW within a month of observation.
6. Avoid sediments or chemicals from entering the Cache la Poudre River or its immediate
tributaries, as there are some sensitive species of Eastern Plains native fish that use
this river along the corridor at these locations:
a. T6N, R67W, Section 29, 34-35.
Furthermore, CPW requests that construction and boring activities located near the Poudre
River (and other drainages) occur and are completed before December 31st to protect the
nesting season of the previously mentioned active bald eagle nest and other potentially nesting
raptors.
Pierce Trunk Ft Raindance Natural Gas Pipelines-CPW Comments (9114118)
Please continue to reach out to us for comment on future applications, as we strive for
responsible land development while protecting sensitive species and their habitats. If the timing
or scope of this project changes, if sensitive wildlife species are encountered, or if you have
any questions, please contact Troy Florian, District Wildlife Manager for Northwest Weld County
at 970-443-1993 or troy.florian@state.co.us.
Sincerely,
Ty Petersburg
Area 4 Wildlife Manager
cc: Troy Florian, CPW District Wildlife Manager (Eaton/North Pawnee)
Brandon Muller, CPW District Wildlife Manager (Greeley North)
Mike Sherman, CPW Wildlife Biologist
Boyd Wright, CPW Aquatic Biologist
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