HomeMy WebLinkAbout20180724.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Kim Ogle Hearing Date: March 6, 2018
Case Number: USR17-0077
Applicants: Green River DevCo LP and Noble Midstream Services LLC
Representative: Pam Hora, Tetra Tech, Longmont, Colorado
Request: A Site Specific Development Plan and Use by Special Review Permit for a greater than
12 -inch high pressure natural gas pipeline approximately four (4) miles long
commencing at the DCP Colt Compressor Station heading northeasterly to the DCP
Operating, LP, Crossroads Compressor Station (USR17-0023) near the intersection of
County Road 49 and County Road 44 in the A (Agricultural) Zone District
Legal
Description:
The Green River DevCo LP and Noble Midstream Services LLC Colt to Crossroads
Pipeline route will be generally aligned in a northerly direction. The pipeline will cross
multiple sections including Sections 12 and 1, T3N, R65W; and Sections 36, 25 and 24,
T4N, R65W and Sections 19 and 18 T4N R64W of the 6th P.M., Weld County, CO
Location: Generally located south of County Road 46; west of County Road 51; north of County
Road 34 and east of County Road 47
Size of Parcel: 19 +/- acres
Parcel No.s: Multiple
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 Health and Environment, referral dated January 25, 2018
> Weld County Department of Public Works, referral dated
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
V V V V V V
Weld County Zoning Compliance, referral dated January 5, 2018
Colorado Parks and Wildlife, referral dated January 6, 2018
Southeast Weld Fire Protection District referral dated January 8, 2018
Weld County Sheriff's Office referral dated January 9, 2018
Platte Valley Fire Protection District referral dated
LaSalle Fire Protection District referral dated
The Department of Planning Services' staff has not received responses from the following agencies:
▪ History Colorado
▪ West Greeley Conservation District
▪ Weld County Office of Emergency Management
U S R17-0077
Green River DevCo LP and Noble Midstream Services LLC
Page 1
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Kim Ogle Hearing Date: March 6, 2018
Case Number: USR17-0077
Applicants: Green River DevCo LP and Noble Midstream Services LLC
Representative: Pam Hora, Tetra Tech, Longmont, Colorado
Request: A Site Specific Development Plan and Use by Special Review Permit for a greater than
12 -inch high pressure natural gas pipeline approximately four (4) miles long
commencing at the DCP Colt Compressor Station near the intersection of County
Roads 49 and 34.5 and heading northeasterly to the DCP Operating, LP, Crossroads
Compressor Station (USR17-0023) near the intersection of County Road 49 and
County Road 44 in the A (Agricultural) Zone District
Legal
Description:
The Green River DevCo LP and Noble Midstream Services LLC Colt to Crossroads
Pipeline route will be generally aligned in a northerly direction. The pipeline will cross
multiple sections including Sections 12 and 1, T3N, R65W; and Sections 36, 25 and 24,
T4N, R65W and Sections 19 and 18 T4N R64W of the 6th P.M., Weld County, CO
Location: Generally located south of County Road 46; west of County Road 51; north of County
Road 34 and east of County Road 47
Size of Parcel: 34 +/- acres Parcel No.s: Multiple
Case Summary:
The Colt to Crossroads Gas Pipeline is a proposed 24" natural gas pipeline that will connect to the north
end of the South Area Gas Pipeline near County Roads 49 and 34.5, then travel approximately four miles
north to connect into DCP's Crossroads Compressor Station located at the northeast corner of County
Roads 49 and 44.
The selected route is approximately 4 miles long and was deemed to be the most direct and is immediately
adjacent to and runs parallel to an existing oil and gas pipeline corridor used by Noble and other oil and gas
companies in order to minimize the impact of pipelines on the land in the area. In addition, the route
selected will minimize impacts on the community, minimize cost, and maximize safety during construction
by crossing as few roads as possible. During construction of the pipeline, a 70 -foot lineal strip of land (34+/ -
acres) along the alignment will be disturbed and then reclaimed following installation of the proposed Colt to
Crossroads Gas Pipeline. Green River DevCo LP has acquired a permanent easement along the pipeline
route, the width is 30 -feet (15 acres) in linear area.
Physical facilities such as valves and pig launchers/receivers will be located off of the County Road right-
of-way, and laid out to allow safe access by Green River maintenance technicians.
The pipeline flow measurement will be monitored by a Supervisory Control and Data Acquisition
(SCADA) system. The natural gas that flows into the pipeline will be the gas that is collected from Noble
Econodes and fed into the South Area Gas Pipeline.
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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 23-2-480 of the Weld County Code as follows:
A. Section 23-2-480.A.1 - All reasonable efforts have been made to avoid irrigated cropland or to
minimize the negative impacts on agricultural uses and lands.
Section 22-5-100.A.1 O.G. Policy 1.1 The County should encourage cooperation, coordination and
communication between the surface owner and the mineral owner/operations with respect to any
developments of either the surface or the mineral estate.
The Colt to Crossroads Gas Pipeline is surrounded by land uses primarily associated with the
Agriculture Zone. Land uses near the pipeline include existing oil and gas facilities including other
pipelines, existing agricultural facilities, and a few existing residential properties. Residential
properties surrounding the pipeline are sparsely distributed and consist mainly of range homes
and large lot single family homes. Other than County roads, the pipeline will not travel through or
underneath any significant structure. Green River will agree to an easement with each property
owner that the pipeline crosses in order to ensure that the pipeline is compatible with the land the
pipeline crosses. By agreeing to an easement with each landowner, Green River is committed to
working with all landowners along the pipeline route to ensure that the pipeline will not adversely
impact any property along the route.
The application indicates that the pipeline will be located to minimize impacts on the operation of
irrigation equipment. All soils removed for installation of the pipeline will be returned to their original
location and will not be moved offsite. Green River DevCo LP and Noble Midstream Services LLC
[Green River - Noble Midstream] indicates that they will repair and/or replace any facilities
damaged or removed during the placement of the pipeline. The preferred pipeline route minimizes
environmental impacts such as wetland areas, water bodies, floodplains and agricultural lands. The
selected route is sited on plowed fields and pivot irrigation systems.
B. Section 23-2-480.A.2 - The pipeline will not have an undue adverse effect on existing and future
development of the surrounding area, as set forth in applicable Master Plans.
The pipeline is not located within the 3 -mile referral area of a municipality or County.
C. Section 23-2-480.A3 - 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.
D. Section 23-2-480.A.4 - The site shall be maintained in such a manner so as to control soil erosion,
dust and the growth of noxious weeds.
The Conditions of Approval and Development Standards will ensure that there is no fugitive dust or
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erosion and will ensure the control of noxious weeds. Best Management Practices (BMPs) will be
required for all construction areas, including erosion control methods, dust suppression, et cetera.
E. Section 23-2-480.A.5 -- The applicant has agreed to implement any reasonable measures deemed
necessary by the Board of County Commissioners to ensure that the health, safety and welfare of
the inhabitants of the County will be protected, and to mitigate or minimize any potential adverse
impacts from the proposed pipeline.
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
surface waterbodies will be crossed by the pipeline either by boring beneath the bed of the
waterbody, or by utilizing an open -cut crossing method. If the open -cut crossing method 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; topsoil will be segregated from subsoil during grading activities.
All pipelines will be compliant with the Department of Transportation (DOT) requirements. Per this
standard, pipelines are required to have a minimum of 30 -inches of cover and in many locations
there will be a minimum of 36 -inches of cover or greater if required by local or state agencies. The
pipeline trench will be excavated mechanically; pipe segments will then be strung along the ditch
line and then welded together using welders and weld procedures qualified under the requirements
of the Code of Federal Regulations; each weld will be examined utilizing industry standard non-
destructive examination, or x-ray, procedures by qualified technicians; the coating on the pipeline
will be inspected for damage and repaired as necessary and then the line(s) will be lowered into the
trench and backfilled. The pipeline(s) will subsequently be pressure tested using water
(hydrostatically tested) to industry regulations.
The transportation of natural gas via pipeline is generally safer than other potential modes of
transport. There is some small risk of an accident in which the integrity of the pipeline may be
compromised resulting in a release of natural gas or natural gas liquids. Wet natural gas contains
condensed forms of heavier natural gas liquids and produced water and is considered both
flammable and combustible. Dry natural gas is a clean burning fuel source, also considered both
flammable and combustible.
In general, signs of a pipeline leak, include dead or discolored vegetation that is otherwise green
along the pipeline right-of-way, along with pools of liquid or clouds of vapor or mist not usually
present.
Green River - Noble Midstream will clearly mark the pipeline centerline with markers placed at line
of site intervals and at all road and canal crossings. The markers will clearly identify the 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. Green River - Noble Midstream also
participate in the Colorado "One Call" system, which serves as a clearinghouse for excavation
activities that are planned close to pipelines and other underground utilities.
Each respective pipeline centerline will be clearly identified with markers placed at line -of- sight
intervals and at all road crossings. These markers will clearly identify Green River - Noble
Midstream as the owner / operator, provide a telephone number and address where a company
representative can be reached in an emergency. In the event of an emergency, a call to the
number on these markers will go to Green River - Noble Midstream operations and control center
that is staffed 24 hours / day, 7 days / week by trained operators, qualified in both the day-to-day
operation of the respective pipelines and associated facilities, and in emergency response
procedures. These operators will also have the ability to monitor the operation of the pipeline
system through a Supervisory Control and Data Acquisition ("SCADA") system. Through the
SCADA system, operators will be able to see key parameters associated with the operation of the
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respective pipelines, including pressure, temperature, and flow rate. In the event that these
parameters, or other critically identified criteria fall outside of pre -determined normal operating
allowances, the SCADA system will raise warnings of potential operational upsets or pending
emergency conditions, providing the operator with time to make corrections, if possible, to the
system operation in order to clear the warning. In the event that the specified parameters, or
critically identified criteria reach pre -determined set points within the system operation, the SCADA
system will alarm.
Upon notification of an emergency, either through the public emergency call number, SCADA
system, operator inspection and training, or other originating source, Green River - Noble
Midstream will have the ability to isolate the respective pipelines by closing remotely operated
valves in the natural gas pipeline, isolate any potential fuel source and mitigate propagation of the
emergency situation. Depending upon the nature of the emergency, local emergency responders
would be notified, and Green River - Noble Midstream would implement their internal safety
response procedures, including dispatching trained personnel to the site of the emergency.
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 reviewed alternative pipeline locations. The preferred route utilizes a pipeline right-of-
way corridor negotiated through agreements with private property owners. The applicant has
proposed two alternatives for this pipeline in Section 25, Township 4 North, Range 65 West to
accommodate property owners.
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.
A Desktop Environmental Review prepared by SWCA Environmental Consultants dated February
13, 2018 for the Colt to Crossroads Pipeline project route for a specific site assessment of the
biological, aquatic and cultural resources adjacent to the proposed pipeline route. The purpose of
this review was to identify any significant natural or cultural resource constraints or risks associated
with the development of the pipelines. Colorado Parks and Wildlife returned a referral date January
6, 2018 indicating no conflict with their interests and History Colorado did not return a referral
response.
H. Section 23-2-480.A.8 - No adverse impact, from stormwater runoff, to the public rights -of -way and/
or surrounding properties as a result of the pipeline.
The applicant will be required to maintain historic flow patterns and runoff amounts, per the
Department of Planning Services, engineering review stated 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. Green River - Noble Midstream acknowledges in their application that the
historical flow patterns and runoff amounts will be maintained on the site or in such a manner that it
will reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases, diversions, concentration and/or
unplanned ponding of storm run-off.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-
250, Weld County Code), Conditions of Approval and Development Standards can ensure that
there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of
the neighborhood and County.
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This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
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. (Department of Planning Services)
B. 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 1/2
mile of any construction access point for the project. (Department of Public Works)
C. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR17-0077 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-520 of the Weld County Code.
(Department of Planning Services)
4. The final location of the permanent gas pipeline easement with dimension of permanent
easement, property ownership, parcel number, and all easements of record. (Department of
Planning Services)
5. County Road 38 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 call out the existing right-of-way on the USR map. 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 40 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 call out the existing right-of-way on the USR map. 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 42 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 44 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 call out the existing right-of-way on the USR map. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by Weld County.
(Department of Public Works)
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9. County Road 49 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. Weld County is
currently in the process of widening this corridor. 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 call these out on the USR map.
(Department of Public Works)
10. Show and label the section line Right -of -Way as "CR 36 Section Line Right -of -Way, not
County maintained." (Department of Public Works)
11. Show and label all recorded easements on the map by book and page number or reception
number and date on the plan. (Department of Planning Services)
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 such as
structures, parking lots, laydown yards et cetera, a Weld County grading permit will be
required prior to the start of construction. (Department of Planning Services - Engineer)
6. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the Office of
Emergency Management and the Fire District. The plan shall be reviewed on an annual basis
by the Facility operator, the Fire District and the Weld County Office of Emergency
Management. Submit evidence of acceptance to the Department of Planning Services.
(Department of Planning Services)
7. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review map is ready to be recorded in the office
of the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. (Department of Planning Services)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Green River DevCo, LP- Noble Midstream
USR17-0077
1. A Site Specific Development Plan and Use by Special Review Permit, USR17-0077, for a greater
than 12 -inch high pressure natural gas pipeline approximately four (4) miles long commencing at the
DCP Colt Compressor Station near the intersection of County Roads 49 and 34.5 and heading
northeasterly to the DCP Operating, LP, Crossroads Compressor Station (USR17-0023) near the
intersection of County Road 49 and County Road 44 in the A (Agricultural) Zone District, subject to
the Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15th of any given year signed by representatives for the Fire District
and the Weld County Office of Emergency Management to the Department of Planning Services.
(Department of Planning Services)
4. The property owner shall control noxious weeds on the site. (Department of Public Works)
5. The access to the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Department of Public Works)
6. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
7. The historical flow patterns and runoff amounts on the site will be maintained. (Department of public
Works)
8. 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. (Department of Building Inspection)
9. 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)
10. 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)
11. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
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)
12. 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.
(Department of Public Health and Environment)
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13. 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)
14. Adequate handwashing and toilet facilities 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)
15. 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)
16. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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
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activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and county roads outside of municipalities. The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than on
patrols of the County, and the distances which must be traveled may delay all emergency responses,
including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who
must leave their jobs and families to respond to emergencies. County gravel roads, no matter how
often they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
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January 29, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@weldgov.com
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
HORA PAM
1900 S SUNSET BLVD STE 1E
LONGMONT, CO 80501
Subject: USR17-0077 - A Site Specific Development Plan and Use by Special Review Permit for a
greater than 12 -inch high pressure natural gas pipeline approximately four (4) miles long in the A
(Agricultural) Zone District
On parcel(s) of land described as :
The Pipeline will commence in the NE4 of Section 12, T3N, R65W and cross into Section 1 then head
into Section 36, T4N, R65W and crossing into Sections 25 and 24 turning east into Section 19, T4N,
R64W and crossing into Section 18 and terminating at the DCP Operating LP Crossroads Compressor
Station All in the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on March 6, 2018, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on March 21, 2018 at
10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150
O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplannIngcases.org
If you have any questions concerning this matter, please call.
Respectfully,
Kim Ogl
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@weldgov.com
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
January 05, 2018
PAM HORA
1900 S SUNSET BLVD STE 1E
LONGMONT, CO 80501
Subject: USR17-0077 - A Site Specific Development Plan and Use by Special Review Permit for a
greater than 12 -inch high pressure natural gas pipeline approximately four (4) miles long in the A
(Agricultural) Zone District
On parcel(s) of land described as:
The Pipeline will commence in the NE4 of Section 12, T3N, R65W and cross into Section 1 then head
into Section 36, T4N, R65W and crossing into Sections 25 and 24 turning east into Section 19, T4N,
R64W and crossing into Section 18 and terminating at the DCP Operating LP Crossroads Compressor
Station All in the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
If you have any questions concerning this matter, please call.
Respectfully,
Kim Ogl
Planner
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