HomeMy WebLinkAbout20180374.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0068, FORA GREATER THAN 12 -INCH HIGH PRESSURE NATURAL
GAS PIPELINE APPROXIMATELY SIX (6) MILES LONG (20 -INCH NATURAL GAS
PIPELINE ORIGINATING AT THE FORT LUPTON GAS PLANT [USR17-0059] AND
TERMINATING AT AN INTERCONNECT) IN THE A (AGRICULTURAL) ZONE
DISTRICT - DISCOVERY DJ SERVICES, 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 7th day of
February, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Discovery DJ Services, LLC, 7859 Walnut Hill Lane, Suite 335, Dallas,
TX 75230, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0068,
for a greater than 12 -inch high pressure natural gas pipeline approximately six (6) miles long
(20 -inch natural gas pipeline originating at the Fort Lupton Gas Plant [USR17-0059] and
terminating at an interconnect) in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
The pipeline will cross Sections 4, 6, 7, 8 and 9 of
Township 1 North, Range 65 West, and Sections 1,
11, and 12 of Township 1 North, Range 66 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 23-2-230.6 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. Discovery DJ Services indicates that
they will repair and/or replace any facilities damaged or removed during the
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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 plowed fields, dryland
grazing lands, and pivot irrigation fields.
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 Lochbuie and Hudson, and the Cities of
Brighton and Fort Lupton. The City of Fort Lupton returned a referral, dated
December 12, 2017, stating they had reviewed the application and request
all pipelines be located outside of the future 110 -foot right-of-way for
County Roads 12 and 35. The Towns of Lochbuie and Hudson, and City of
Brighton did not return 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, whereas, any alternative alignments would require new
easements to be negotiated and involve crossings that may result in
greater environmental impacts in certain locations. The preferred pipeline
route minimizes environmental surface impacts. The pipeline will cross
under Weld County roads and the Speer Canal.
D. Section 23-2-490.D — The site shall be maintained in such a manner 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, etcetera.
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 irrigation ditches will be crossed by
the pipeline boring beneath the bed of the waterbody 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; and topsoil will be segregated from
subsoil during grading activities. All pipelines will be compliant with the
Colorado Department of Transportation (CDOT) requirements. Per this
standard, pipelines are required to have a minimum of four (4) feet of cover,
or greater, if required by local or state agencies. The pipeline trench will be
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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
and railroad 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 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, seven
(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 aerial and 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 23-2-490.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. 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. In the early planning
stages, Discovery considered alternative route options through the
property; however, Discovery generally decided to site the pipelines as
close to the edge of the property as possible in order to make inspection
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access easier and to reduce the potential for interruption to agricultural
activities in the nearby field and other resources.
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. The pipeline crosses cultivated fields and an irrigation canal.
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, 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 runoff rate and velocity increases, diversions, concentration
and/or unplanned ponding of storm runoff. 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 Discovery DJ Services, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR17-0068, for a greater than 12 -inch
high pressure natural gas pipeline approximately six (6) miles long (20 -inch natural gas pipeline
originating at the Fort Lupton Gas Plant [USR17-0059] and terminating at an interconnect) in the
A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
1. Prior to recording the map:
A. A copy of the signed and recorded (construction and post -construction)
lease agreements (or other acceptable authorization from property owner)
for pipeline right-of-way (easements) shall be submitted to the Department
of Planning Services.
B. The applicant shall attempt to address the requirements of the Farmers
Reservoir and Irrigation Company (Speer Canal), as stated in the referral
response dated December 18, 2017. Written evidence of such shall be
submitted to the Weld County Department of Planning Services.
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Alternately, per Section 23-2-370.D.2.k, "The applicant shall submit to the
Department of Planning Services a copy of an agreement with the owner
of any ditch located on or adjacent to the site, or shall provide written
evidence that an adequate attempt has been made to mitigate the concerns
of the ditch owners. The agreement shall stipulate that ditch activities have
adequately been incorporated into the design of the site. If such agreement
cannot be reached, the applicant shall present evidence that an adequate
attempt to reach such agreement has been made," or a letter indicating no
agreement is necessary shall be submitted to the Department of Planning
Services.
C. An Improvements and Road Maintenance Agreement is required for off -site
improvements at this location during the construction of the pipeline. Road
maintenance may include dust control, tracking control, damage repair
attributable to construction of the pipeline and located within 0.5 miles of
any construction access point for the project.
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0068.
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, and any significant man-made features within one-half
(0.5) mile on each side of the approved route.
5) 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.
6) 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.
7) County Road 37 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road which
requires 80 feet of right-of-way at full buildout. The applicant shall
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delineate on the site plan the future and existing right-of-way. All
setbacks shall be measured from the edge of future right-of-way.
This road is maintained by Weld County.
8) County Road 41 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the future and existing right-of-way. All
setbacks shall be measured from the edge of future right-of-way.
This road is maintained by Weld County.
9) County Road 12 Section Line is shown to have 30 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.
10) County Road 39 Section Line is shown to have 30 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.
11) 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.
12) Show the approved Colorado Department of Transportation
(CDOT) access(es) on the site plan and label with the approved
permit number, if applicable.
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.
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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. If more than one (1) acre is to be disturbed for construction of non -pipeline
items, a Weld County Grading Permit will be required.
B. The approved access and tracking control shall be constructed prior to
construction of the pipeline.
C. 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.
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.
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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of February, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY, COLORADO
ATTEST: ditittA) ado 4A
Weld County Clerk to the Board
BY:
Deputy Clerk to the B
APPROV€D AS T
orney
Date of signature: (7
Moreno, Chair
Ste
rbara K me eer, Pr i-Tem
Sean P. Copway
Julie _ A Cozad
Mike Freeman
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DISCOVERY DJ SERVICES, LLC
USR17-0068
1. The Site Specific Development Plan and Use by Special Review Permit, USR17-0068, is
for a greater than 12 -inch high pressure natural gas pipeline approximately six (6) miles
long (20 -inch natural gas pipeline originating at the Fort Lupton Gas Plant [USR17-0059]
and terminating at the Milton -Hudson interconnect) 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 pipeline crossing an arterial road shall be bored with a minimum crossing depth of ten
(10) feet below the lowest roadside ditch flowline elevation for all lines, except for oil and
gas lines whose minimum depth will be 15 feet below the lowest roadside ditch flowline
elevation.
8. The historical flow patterns and runoff amounts on the site will be maintained.
9. Weld County is not responsible for the maintenance of onsite drainage related features.
10. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently, the following have been adopted by Weld County: 2012 International Codes,
2006 International Energy Code, and 2014 National Electrical Code. A Building Permit
Application must be completed and two (2) complete sets of engineered plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review. A
Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection.
11. 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.
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12. 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, Section 30-20-100.5, C.R.S.
13. 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.
14. 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.
15. 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 of the
Colorado Department of Public Health and Environment, as applicable.
16. Adequate toilet facilities and handwashing units shall be provided during construction of
the project. Portable toilets are acceptable and shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers.
17. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
18. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
19. 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.
20. 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.
21. 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.
22. 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
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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.
23. 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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