HomeMy WebLinkAbout20184055.tiff MEMORANDUM
TO: Kim Ogle, Planning Services
1861
FROM: Evan Pinkham, Public Works
DATE: October 29, 2018
G O UN r _ SUBJECT: USR18-0103 DJ South Gathering, LLC
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 Special Review Permit for a greater than 13-
inch, (up to 20-inch crude oil)pipeline approximately thirty(30)miles long 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. Per Chapter 12, Article V, Section 12-5-30. F, when feasible, there shall be no net
increase in the number of accesses to a public road. Minimum access spacing widths are shown in Weld
County Code Appendix Table 12A-2. Please refer to Chapter 12 of the Weld County Code for more
information regarding access.
ROADS AND RIGHTS-OF-WAY
County Roads 6 & 10 are gravel roads and are designated on the Weld County Functional Classification
Map (Code Ordinance 2017-01) as local roads, which require 60 feet of right-of-way. The applicant shall
delineate on the site map or plat the future and existing right-of-way and the physical location of the road.
If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld
County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future
right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is
maintained by Weld County.
County Road 51 is a paved road and gravel road at certain pipeline crossing locations and is designated
on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a(n) local road, which
requires 60 feet of right-of-way. The applicant shall delineate on the site map or plat the future and existing
right-of-way and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated.
Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the
required setback is measured from the future right-of-way line. Be aware that physical roadways may not
be centered in the right-of-way. This road is maintained by Weld County.
County Road 18 is a paved road and is designated on the Weld County Functional Classification Map(Code
Ordinance 2017-01) as a(n) collector road, which requires 80 feet of right-of-way. The applicant shall
delineate on the site map or plat the future and existing right-of-way and the physical location of the road.
If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld
County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future
right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is
maintained by Weld County.
County Road 22 is a section line road. Section line right-of-way does not exist in all sections in Weld County
and should be verified before a decision to utilize it is made. Weld County commonly refers to these
locations as "Non-Maintained Section Line Right-of-Way."The existence of a physical road does not imply
public right-of-way and the road may be located on private property. All right-of-way should be verified and
physical roads located in relationship to the public right-of-way to ensure trespassing does not occur. The
applicant shall verify the existing right-of-way and the documents creating the right-of-way and this
information shall be noted on the site plan or plat. The applicant shall delineate on the site map or plat the
existing right-of-way and physical location of existing or proposed roads. If the right-of-way cannot be
verified it shall be dedicated or an adequate easement between property owners shall be provided.
Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the
required setback is measured from the future right-of-way line. Be aware the physical roadway(s) may not
be centered in the right-of-way. This road is NOT maintained by Weld County.
Pursuant to CRS 43-2-110(1.5), County Road 49 is designated as a County Highway.The County Highway
is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as an arterial
road, which requires a minimum of 140 feet of right-of-way, or 180 feet of right-of-way in some locations.
Contact Public Works for the location of the current right-of-way alignment and easements so they can be
delineated accurately on the map. 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.
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 52 and 1-76)
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 a Weld County road shall be bored at a minimum depth of ten (10) feet.
This depth shall be measured below the lowest roadside ditch flowline elevation to the crown of the pipe,
and 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.
Tracking control is required during construction
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 Road 6 is a gravel road and is designated on the Weld County Functional Classification
Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge
of right-of-way. This road is maintained by Weld County. (Department of Public Works)
2. County Road 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)
3. County Road 51 is a gravel road and is designated on the Weld County Functional Classification
Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge
of right-of-way. This road is maintained by Weld County. (Department of Public Works)
4. County Road 51 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)
5. County Road 18 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. (Department of Public
Works)
6. The County Highway is designated on the Weld County Functional Classification Map as an arterial
road which typically requires 140 feet of right-of-way at full build out. The alignment of the road
widening project varies along the section line for the corridor. Contact Public Works for the location
of the existing and future right-of-way and easements and delineate these on the site plan.
(Department of Public Works)
7. Show and label the approved access locations on the site plan (If applicable). The applicant must
obtain an access permit in the approved location(s) prior to construction. (Department of Public
Works)
8. Show and label the section line Right-of-Way as "CR XX Section Line Right-Of-Way, not County
maintained." (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 Weld County road shall be bored at a minimum depth of ten (10)
feet. This depth shall be measured below the lowest roadside ditch Bowline elevation to the crown of
the pipe, and 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: Ben Frissell, Environmental Health Services
Date: October 23, 2018
Re: USR18-0103 DJ South Gathering Pipeline
Environmental Health Services has reviewed this proposal for a Site Specific
Development Plan and Special Review Permit for a greater than 13-inch, (up to 20-inch
crude oil) pipeline approximately thirty (30) miles long 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. If 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
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
the duration of construction of the pipeline and until ground cover is established.
Uses on the property shall comply with the Colorado Air Quality Commission's
air quality regulations.
5. 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.
6. 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.
7. The operation shall comply with all applicable rules and regulations of the State
and Federal agencies and the Weld County Code.
181 MEMORANDUM
TO: Kim Ogle DATE: October 24, 2018
r ' FROM: Angela Snyder, CFM
oU r Y SUBJECT: USR18-0103, Kerr-McGee Gathering LLC
PROJECT:
A Site Specific Development Plan and Special Review Permit for a greater than 12-inch, (up to 20-inch high
pressure natural gas) pipeline approximately thirty (30) miles long in the A(Agricultural)Zone District
PARCELs: Multiple
PRIOR TO CONSTRUCTION:
1. A Flood Hazard Development Permit is required to install pipelines in the 100-year floodplain.
(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 Map. 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)
Submit by Email
Weld County Referral
October 1, 2018
The Weld County Department of Planning Services has received the following item for review:
Applicant: DJ South Gathering, LLC Case Number: USR18-0103
Please Reply By: October 29, 2018 Planner: Kim Ogle
Project:A Site Specific Development Plan and Special Review Permit for a greater than 13-inch, (up to
20-inch crude oil) pipeline approximately thirty (30) miles long in the A(Agricultural) Zone District
Location: GENERALLY LOCATED EAST OF CR 45, SOUTH OF CR 30; WEST OF CR 61 AND NORTH
OF ADAMS COUNTY- WELL COUNTY LINE
Parcel Number: Multiple Parcels
Legal: THE PIPELINE WILL CROSS SECTIONS 5, 6, 7, 8, 15, 16, 17, 22, 26, 27, and 35, T1N, R64W;
SECTIONS 18, 19, 30, and 31, T2N, R64W; SECTIONS 1, 2, 12, and 13, T2N, R65W; SECTIONS 25
and 36, T3N, R65W 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.
flWe have reviewed the request and find that it does/does not comply with our Comprehensive
Plan because: Henrylyn Irrigation has not been contacted and is not on the list of landowners.
FT We have reviewed the request and find no conflicts with our interests.
FTSee attached letter.
Signature Rod Baumgartner Date 10.02.2018
Agency Henrylyn Irrigation District
Weld County Planning Dept. 1555 N 17th Ave,Greeley, CO.80631 (970)400-6100 (970)304-6498 fax
evil 3
'. Planning Commission
}1"'"`k,VIP Referral Response Letter
Case No: USR18-0103
October 12,2018
Ms. Ogle,
The Town of Hudson Planning Commission reviewed the referral for Weld County Case Number
USR18-0103 at its regularly schedule meeting on Wednesday, October 10, 2018.The Planning
Commission had the following concerns, comments, and questions relevant to the case listed above:
1. Flood Zone: Per the Federal Emergency Management Agency (FEMA) Flood Map Services
Center and Weld County Property Portal, it appears that the proposed route of the crude
oil pipeline crosses or comes near to the Town of Hudson Municipal Boundary, the Zone A
(100 Year) Flood Designation, and Weld County Flood Hazard Development-789.
a. If applicable, what environmental protection and flood mitigation measures is the
applicant proposing in the areas in or close to the Town of Hudson?
b. If the applicant is crossing in to the Town of Hudson jurisdictional boundaries(and
we believe they are based on the maps provided), do they plan on applying for a
Town of Hudson Use by Special Review, meet the requirements of Article 11—Oil
and Gas Operations, and Sec. 16-146. - Flood Plain Regulations of the Town of
Hudson Land Development Code?
2. Airstrip: While not designated as any of the Airport Overlay Districts on the Weld County
Property Portal,there is an operational private airstrip(FAA Identifier C082) near the
applicant's proposed project.The airstrip is located at 6511 CR 51 (Parcel#: 130531000027).
a. What affect, if any, will the proposed pipeline have on this private airfield?
3. Water Wells: Based on the Weld County Property Portal,there are several water wells
contiguous to the proposed pipeline. What mitigation measures is the applicant proposing
and are they aware that if they are within the Town of Hudson, they need to apply for a
USR, meet the requirements of Article 11—Oil and Gas Operations, meet Sec. 16-146. -
Flood Plain Regulations and meet Sec. 16-177 .—Development setbacks from wells and
facilities?
We look forward to Weld County's and Applicant's responses to the above listed concerns,
comments, and questions. If you have any questions for the Town of Hudson related to this case, please
do not hesitate to contact me or our Town Planner.
Best regards,
Laura Hargis, De ty Town Mayor and Planning Commission Chair
Town of
K.
C '
1 Based off the Tetra Tech " rcels Within 150 feet of pipeline" Map.
From: sbrennan@hudsoncolorado.org<sbrennan@hudsoncolorado.org>
Sent: Monday, October 15, 2018 11:18 AM
To: Kristine Ranslem <kranslem@weldgov.com>
Cc: Kim Ogle <kogle@weldgov.com>
Subject: RE: USR18-0103 Referral
Caution:This email originated from outside of Weld County Government.Do not click links or open attachments
unless you recognize the sender and know the content is safe.
I have spoken with the applicant and based on the Town's previous part-time Town Planner, they will
not be required to obtain a Town of Hudson Use by Special Review(USR) permit. However, they will be
required to obtain the following from the Town of Hudson:
1. Floodplain Development Permit
2. Right-of-Way Permit
Best regards,
SAYRE BRENNAN
Town Planner
Town of Hudson
50 S. Beech St
Hudson, CO 80642
Office: 303.536.9311
E-mail: sbrennan@hudsoncolorado.org
https://hudsoncolorado.org/158/Planning
From: Hice-Idler- CDOT, Gloria <gloria.hice-idler@state.co.us>
Sent:Thursday, October 25, 2018 9:47 AM
To: Kim Ogle <kogle@weldgov.com>
Cc: Bilobran, Timothy<timothy.bilobran@state.co.us>; Allyson Mattson -CDOT
<allyson.mattson@state.co.us>
Subject: USR18-0103/DJ South/Weld County/I-76
Caution:This email originated from outside of Weld County Government.Do not click links or open attachments
unless you recognize the sender and know the content is safe.
The applicant needs to be aware that they will be responsible for obtaining the
appropriate access and utility permits when working within CDOT right-of-way.
Gloria Hice-Idler
Rocksol Consulting
(970) 381-8629
10601 W. 10th Street, Greeley, CO 80634
gloria.hice-idler@state.co.us www.codot.gov www.cotrip.orq
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