HomeMy WebLinkAbout20182383.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: C. Gathman
Case Number: USR18-0043
Applicant: ONEOK, Inc.
Representative: Jacob Yokum
100 West Fifth Street, Mail Drop 6-1
Tulsa, OK 74103
Request:
Hearing Date: July 17, 2018
A Site -Specific Development Plan and Use by Special; Review Permit for a greater than
12 -inch high pressure natural gas pipeline (20 -inch natural gas pipeline approximately
43.3 miles in length) in the A (Agricultural) Zone District
The proposed pipeline crosses 2, 3, 11, 12, 13, T7N, R56W; Sections 18, 19, 20 21, 28,
33, 34, T8N, R56W; Sections 1, 12, 13, T8N, R57W; Sections 6, 7, 8, 9 10, 15, 22, 23,
Legal 26, 35, T9N, R57W; Sections 1 and 2, T9N, R58W; Sections 17, 18, 20, 21, 27, 28, 34,
Description: 35, T10N, R58W; Sections 2, 3, 4, 11, 12, 13, T10N, R59W; Sections 19, 29, 30, 32, 33,
34, T11N, R59W; Sections 2, 3, 11, 13, 14, 24, T11N, R60W; Sections 20, 21, 27, 28,
34, T12N, R60W of the 6th P.M., Weld County, Colorado.
Location:
Size of Parcel:
The proposed Pipeline is between the Wyoming State Line on the North, County Road
99 on the West, the Weld County/Logan County Line on The East and County Road 78
on the South.
+/- 297.4 acres Parcel No. Multiple Parcels
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:
Weld County Department of Public Works, referral dated July 3, 2018
▪ Weld County Department of Public Health and Environment, referral dated June 28, 2018
y Colorado Department of Transportation, June 14, 2018
y Colorado Parks and Wildlife, referral dated July 2, 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
▪ Weld County Zoning Compliance, referral dated June 5, 2018
▪ West Greeley Soil Conservation District, referral dated June 11, 2018
▪ Weld County Sheriff's Office, referral dated June 22, 2018
▪ New Raymer/Stoneham Fire Protection District, referral dated June 6, 2018
USR18-0043, ONEOK, Page 1 of 13
The Department of Planning Services' staff has not received responses from the following agencies:
y Pawnee Fire Protection District
y Centennial Soil District
y Colorado Historical Society
USR18-0043, ONEOK, Page 2 of 13
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: C. Gathman
Case Number: USR18-0043
Applicant: ONEOK, Inc.
Representative: Jacob Yokum
100 West Fifth Street, Mail Drop 6-1
Tulsa, OK 74103
Request:
Hearing Date: July 17, 2018
A Site -Specific Development Plan and Use by Special; Review Permit for a greater than
12 -inch high pressure natural gas pipeline (20 -inch natural gas pipeline approximately
43.3 miles in length) in the A (Agricultural) Zone District
The proposed pipeline crosses 2, 3, 11, 12, 13, T7N, R56W; Sections 18, 19, 20 21, 28,
33, 34, T8N, R56W; Sections 1, 12, 13, T8N, R57W; Sections 6, 7, 8, 9 10, 15, 22, 23,
Legal 26, 35, T9N, R57W; Sections 1 and 2, T9N, R58W; Sections 17, 18, 20, 21, 27, 28, 34,
Description: 35, T10N, R58W; Sections 2, 3, 4, 11, 12, 13, T10N, R59W; Sections 19, 29, 30, 32, 33,
34, T11N, R59W; Sections 2, 3, 11, 13, 14, 24, T11N, R60W; Sections 20, 21, 27, 28,
34, T12N, R60W of the 6th P.M., Weld County, Colorado.
Location:
Size of Parcel:
Case Summary:
The proposed Pipeline is between the Wyoming State Line on the North, County Road
99 on the West, the Weld County/Logan County Line on The East and County Road 78
on the South.
+/- 297.4 acres Parcel No. Multiple Parcels
The applicant is proposing a 20 -inch high pressure natural gas pipeline that crosses approximately 43.3
miles in Weld County. This section is associated with a proposed pipeline originating in Richland County,
Montana and terminating at the existing ONEOK facility in the vicinity of Bushton, Kansas. The proposed
pipeline will transport up to 240,000 barrels per day of natural gas liquids (NGLs). No pipeyards or pump
stations associated with the pipeline will be located in Weld County.
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.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 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.
USR18-0043, ONEOK, Page 3 of 13
The applicant indicated that it will coordinate with landowners during development of
construction rights -of -way across cultivated croplands and agricultural areas. The
application indicates that original contours and drainage patterns shall be re-established
to the greatest extent practicable. Topsoil will be segregated during trenching activities.
Pre-existing vegetative cover and land uses will be restored. Seed mixes formulated in
consultation with the Natural Resources Conservation Services as well as landowner -
approved seed mixes will be utilized to revegetate the affected areas.
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 proposed pipeline route is not located within 3 -miles of a municipality.
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 proposed preferred pipeline route will be via a new pipeline easement. The
application indicates that locating the proposed pipeline within the existing ONEOK
Bakken pipeline easement would increase the length the of the pipeline by 18 miles
beyond the preferred alignment. Minimizing the length of the pipeline within Weld County
will minimize the negative impacts on the surrounding area to the greatest extent
possible.
The applicant has preliminary agreements/authorizations with 77 of the 89 tracts. The
applicant is in negotiations with four (4) remaining landowners who own the remaining
twelve (12) tracks of land.
Additionally, the applicant has modified the route to avoid five (5) water lines on a
landowners property.
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 application indicates that measures will be instituted to control the spread of noxious
weeds during and following construction. Measures to be implemented will include:
Prevent the introduction and spread of noxious weeds during and following
construction of the project by requiring all equipment be cleaned prior to entering
the project area.
Preventing segregated topsoil from being spread to adjacent areas or along the
construction right-of-way.
Control infestations that may develop during operations.
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.
The applicant indicated that it will coordinate with landowners during development of
construction rights -of -way across cultivated croplands and agricultural areas. The
application indicates that original contours and drainage patterns shall be re-established
to the greatest extent practicable. Topsoil will be segregated during trenching activities.
Pre-existing vegetative cover and land uses will be restored. Seed mixes formulated in
consultation with the Natural Resources Conservation Services as well as landowner -
approved seed mixes will be utilized to revegetate the affected areas.
USR18-0043, ONEOK, Page 4 of 13
Rough and final grading includes restoring disturbed areas as near as practicable to
preconstruction conditions, returning the topsoil where topsoil has been stripped,
preparing a seedbed (where applicable) for permanent seeding, installing or repairing
temporary erosion and sediment control measures, repairing/replacing fences, and
installing permanent erosion and sediment controls.
The application indicates that the pipeline and aboveground facilities associated with this
USR will be designed, constructed, operated and maintained according with the United
States Department of Transportation (USDOT) Minimum Federal Safety Standards.
ONEOK has indicated that will take to facilitate the safe operation of the pipeline
including:
Hydrostatic testing verify the pipeline's integrity prior to operations;
Corrosion protection by using high -integrity fusion bond epoxy coating and cathodic
protection;
Internal inspection of the pipe using "smart pigs" designed to detect irregularities on the
internal and external surfaces of the pipe;
Supervisory control and data acquisition system to continuously monitor the pipeline and
the pressure of its contents;
Participation in state "one call" programs.
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.
The applicant evaluated the proposed preferred pipeline route (43.3 miles) in a new
pipeline easement vs. locating the pipeline within an existing ONEOK pipeline easement
in the vicinity.
The application indicates that locating the pipeline within the existing ONEOK Bakken
pipeline easement would increase the length the of the pipeline by 18 miles beyond the
preferred pipeline route of 43.3 miles. Minimizing the length of the pipeline within Weld
County will minimize the negative impacts on the surrounding area to the greatest extent
possible.
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 Colorado Division of Wildlife, in their referral response dated July 2, 2018 outlined a
number of recommendations regarding the timing of construction and impact on Plains
Sharp -tailed Grouse Leks, Plains Shape -tailed Grouse, Raptor Nests, swift fox dens and
burrowing owl nests. The Division of Wildlife recommends wildlife surveys be conducted
should construction occur during the nesting and denning seasons for the above species.
These times vary among species but the maximum time from the beginning to end
(taking into the account all of the above species) is from March 1 — October 31st. The
majority of species nesting/denning season ends by July 31s1 with the exception of the
USR18-0043, ONEOK, Page 5 of 13
Burrowing Owl which ends October 31St
The application indicates that should this be approved, construction is anticipated to
begin in 3rd quarter of 2018 and is anticipated to end in the 1s1 quarter of 2019. This would
avoid the nesting/denning season for the majority of the animals (with the exception of
the burrowing owl).
The referral comments also indicates that stretches of the North and South Pawnee
Creeks are located within the Mapped Recovery and Conservation area which contains
some species of Eastern Plains fish. Colorado Parks and Wildlife recommends that the
applicant consult with them regarding best managements practices and best timing for
crossing of these creeks.
Lastly, Colorado Parks and Wildlife has expressed concerns in past instances where
construction crews and/or public using construction roads have illegally shot wildlife.
They are requesting that the County make a condition of approval that the applicant
conduct an environmental briefing for their staff re: legal hunting allowances/requirements
with a Colorado Parks and Wildlife Officer prior to commencing construction.
A condition of approval (as an attempt to address condition) is attached regarding the
Colorado Parks and Wildlife referral comments.
The applicant conducted a Class I cultural resource inventory search for the project.
Records search. No known cultural resources will be impacted by the project. The
applicant will conduct construction in accordance with an established Unanticipated Finds
Plan.
No referral response has been received from the Colorado Historical Society in regards
to this case.
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 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.
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.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
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. The applicant shall address the requirements of the Colorado Department of Transportation
(CDOT) as stated in their electronic mail referral dated 6/14/2018. Written evidence of such
shall be provided to the Department of Planning Services. (Colorado Department of
Transportation)
USR18-0043, ONEOK, Page 6 of 13
C. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0043. (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
4. County Road 82 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)
5. County Road 84 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 151 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. County Road 153 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)
8. County Road 90 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)
9. County Road 149 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)
10. County Road 102 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. County Road 104 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)
USR18-0043, ONEOK, Page 7 of 13
12. County Road 139 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)
13. County Road 128 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)
14. County Road 132 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)
15. County Road 136 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)
16. County Road 105 is a gravel 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)
17. County Road 127 is a gravel 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)
18. County Road 118 is a gravel 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)
19. Show and label the section line Right -of -Way as "Section Line Right -Of -Way, not
County maintained." (Department of Public Works)
20. 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)
21. The Colorado Department of Transportation (CDOT) has jurisdiction over all
accesses to state highways. Show the approved CDOT accesses on the map and
label with access permit number if applicable. (Department of Public Works)
USR18-0043, ONEOK, Page 8 of 13
22. Show and label the floodplain and floodway (if applicable) boundaries on the map.
Label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel
Number. (Department of Planning Services - Floodplain)
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 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
maps@co.weld.co.us. (Department of Planning Services)
5. Prior to Construction:
A. If more than 1 acre is to be disturbed for construction of non -pipeline items, a Weld County
grading permit will be required. (Department of Public Works)
B. The approved access and tracking control shall be constructed prior to construction of the
pipeline. (Department of Public Works)
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. (Department of Public Works)
6. Prior to Operation:
A. Accepted construction drawings and construction of the offsite roadway improvements are
required prior to operation. (Department of Public Works)
B. 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)
USR18-0043, ONEOK, Page 9 of 13
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ONEOK, Inc.
USR18-0043
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0043, for a greater
than 12 -inch high pressure natural gas pipeline (20 -inch natural gas pipeline approximately 43.3 miles
in length) 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. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code. (Department of Planning Services)
4. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15'" of every 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)
5. 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. (Department of Public Health and
Environment)
6. 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 Public Health and
Environment)
7. 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 Public Health and Environment)
8. Fugitive dust and fugitive particulate emissions shall be controlled throughout 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. (Department of Public Health and
Environment)
9. 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 Public Health and Environment)
10. 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 Public Health and Environment)
11. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
12. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
USR18-0043, ONEOK, Page 10 of 13
13. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. Neither the direct, nor reflected, light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be
used which may be confused with, or construed as, traffic control devices. (Department of Planning
Services)
14. The property owner shall control noxious weeds on the site. (Department of Public Works)
15. 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)
16. During construction, there shall be no parking or staging of vehicles on public roads. On -site parking
will be utilized. (Department of Public Works)
17. 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)
18. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not
be the responsibility of Weld County. (Department of Public Works)
19. 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)
20. 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)
21. Any damage occurring to the right of way, caused by the pipeline, will be the responsibility of the
operator. (Department of Public Works)
22. The historical flow patterns and runoff amounts on site will be maintained. (Department of Public
Works)
23. 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)
24. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
25. 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.
26. 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.
USR18-0043, ONEOK, Page 11 of 13
27. 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.
28. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy; (b) the populous counties of the
state face a critical shortage of such deposits; and (c) such deposits should be extracted according to
a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and 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.
29. 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
USR18-0043, ONEOK, Page 12 of 13
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
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.
USR18-0043, ONEOK, Page 13 of 13
June 18, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
PHONE: (970) 400-3537
FAX: (970) 304-6498
DAVE POTTER
99 EAST RIVER DR 3RD FLOOR
HARTFORD, CT 06108
Subject: USR18-0043 - A Site Specific Development Plan and Use by Special; Review Permit for a
greater than 12 -inch high pressure natural gas pipeline (20 -inch natural gas pipeline in the A
(Agricultural) Zone District
On parcel(s) of land described as:
The pipeline crosses Sections 2, 3, 11, 12, 13, T7N, R56W; Sections 18, 19, 20, 21, 28, 33, 34, T8N,
R56W; Sections 1, 12, 13, T8N, R57W; Sections 6, 7, 8, 9, 10, 15, 22, 23, 26, 35, T9N, R57W; Sections
1 and 2, T9N, R58W; Sections 17, 18, 20, 21, 27, 28, 34, 35, T10N, R58W; Sections 2, 3, 4, 11, 12, 13,
T10N, R59W; Sections 19, 29, 30, 32, 33, 34, T11N, R59W; Sections 2, 3, 11, 13, 14, 24, T11N, R60W;
Sections 20, 21, 27, 28, 34, T12N, R60W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on July 17, 2018, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on August 1, 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.
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.orq
If you have any questions concerning this matter, please call.
Respectfully,
1444,
Chris Gathman
Planner
1
June 04, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
PHONE: (970) 400-3537
FAX: (970) 304-6498
DAVE POTTER
99 EAST RIVER DR 3RD FLOOR
HARTFORD, CT 06108
Subject: USR18-0043 - A Site Specific Development Plan and Use by Special Review Permit for a
greater than 12 -inch high pressure natural gas pipeline (20 -inch natural gas pipeline) in the A
(Agricultural) Zone District
On parcel(s) of land described as:
The Pipeline crosses Sections 2, 3, 11, 12, 13, T7N R56W; Sections 18, 19, 20, 21, 28, 33, 34, T8N
R56W; Sections 1, 12, 13, T8N R57W; Sections 6, 7, 8, 9, 10, 15, 22, 23, 26, 35, T9N R57W; Sections 1
and 2, T9N, R58W; Sections 17, 18, 20, 21, 27, 28, 34, 35, T10N, R58W; Sections 2, 3, 4, 11, 12, 13,
T10N, R59W; Sections 19, 29, 30, 32, 33, 34, , R59W; Sections 2, 3, 11, 13, 14, 24, T11N R60W;
Sections 20, 21, 27, 28, 34, T12N, R60W of 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.
If you have any questions concerning this matter, please call.
Respectfully,
Chris Gathman
Planner
1
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