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BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Sparrow, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR18-0043
ONEOK, INC.
CHRIS GATHMAN
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 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,
R60 OF THE 6TH P.M., WELD COUNTY, COLORADO.
PROPOSED POWER LINE IS BETWEEN THE WYOMING STATE LINE ON
THE NORTH, CR 99 ON THE WEST, THE WELD COUNTY/LOGAN COUNTY
LINE ON THE EAST AND CR 78 ON THE SOUTH.
be recommended favorably to the Board of County Commissioners 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 Planning Commission 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.
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.
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.
RESOLUTION USR18-0043
ONEOK, INC.
PAGE 2
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.
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.
RESOLUTION USR18-0043
ONEOK, INC.
PAGE 3
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 31". The majority of
species nesting/denning season ends by July 3151 with the exception of the 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 1St 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
RESOLUTION USR18-0043
ONEOK, INC.
PAGE 4
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 Planning Commission 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)
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.
RESOLUTION USR18-0043
ONEOK, INC.
PAGE 5
(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)
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
RESOLUTION USR18-0043
ONEOK, INC.
PAGE 6
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)
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 (Le., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane
Colorado North FIPS 0501 (US Feet)....etc.). This digital file may besenttomaps@co.weldco.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
RESOLUTION USR18-0043
ONEOK, INC.
PAGE 7
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)
Motion seconded by Richard Beck.
VOTE:
For Passage Against Passage
Bruce Johnson
Bruce Sparrow
Michael Wailes
Terry Cross
Tom Cope
Lonnie Ford
Richard Beck
Absent
Jordan Jemiola
Gene Stille
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on July 17, 2018.
Dated the 17th of July, 2018
`190,01.fzikt
Kristine Ranslem
Secretary
RESOLUTION USR18-0043
ONEOK, INC.
PAGE 8
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 15th 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)
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
RESOLUTION USR18-0043
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PAGE 9
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.
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.
RESOLUTION USR18-0043
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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 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.
Pc. Mw d -c s
CA/ I7/aO13
•
•
•
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, July 17, 2018
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Terry Cross, at 12:30 pm.
Roll Call.
Present: Michael Wailes, Bruce Sparrow, Terry Cross, Bruce Johnson, Tom Cope, Lonnie Ford, Richard
Beck.
Absent: Jordan Jemiola, Gene Stille.
Also Present: Kim Ogle, Chris Gathman, Diana Aungst, Michael Hall, Angela Snyder, Michelle Martin, and
Tom Parko, Department of Planning Services; Lauren Light and Ben Frissell, Department of Health; Evan
Pinkham, Public Works; Frank Haug, County Attorney, and Kris Ranslem, Secretary.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR 18-0043
ONEOK, INC.
CHRIS GATHMAN
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 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, R60 OF THE 6TH P.M., WELD COUNTY, COLORADO.
PROPOSED POWER LINE IS BETWEEN THE WYOMING STATE LINE ON THE
NORTH, CR 99 ON THE WEST, THE WELD COUNTY/LOGAN COUNTY LINE
ON THE EAST AND CR 78 ON THE SOUTH.
Mr. Gathman noted that the applicants have been negotiating with some property owners along the northern
stretch of the pipeline route just to the south of the Wyoming State Line. He added that there have been
some discussions of modification of the pipeline route; however, two of the property owners that the pipeline
would cross under the alternative alignment were not part of the original notification list. He said that the
applicant has indicated that they have had some discussions and negotiations with those property owners
but there is no written waiver from them at this time. Frank Haug, County Attorney, said that at this time
the applicant can make a presentation and then notification will need to be made to those property owners
and a written notification waiver from them shall be provided prior to the County Commissioner hearing.
Chris Gathman, Planning Services, presented Case USR18-0043, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards.
Evan Pinkham, Public Works, reported on the crossing of roadways and the requirement for a grading
permit. A Road Maintenance Agreement has been requested for this project.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Michael Gillaspie, Oneok, 700 South Kansas Avenue, Topeka Kansas, stated that Oneok operates 38,000
miles of pipe. He said that this pipeline is a 900 -mile natural gas liquids line starting from eastern Montana
down through Wyoming and northeastern Colorado and terminating in Bushton, Kansas. He added that 43
miles of the pipeline will be located in Weld County.
1
Mr. Gillaspie said that 93% of the easements have been acquired and added that they will notify the two
(2) landowner prior to the Board of County Commissioner hearing. He added that they have survey
permissions from those two landowners as they were part of the route.
They plan to start construction in the third quarter of this year and finish construction in the beginning of
2019. They will reclaim the pipeline corridor to the landowners' request.
Commissioner Johnson said he is concerned with proper compaction being done when putting soil back.
He added that it is important in the reclamation for it to be done. Mr. Norton said that they will ensure that
compaction is done property and added that they will have the appropriate seed mixes. He added that they
have a separate contractor specifically for remediation to ensure that the land is returned to original
condition.
Commissioner Cope asked if compaction tests are performed on the soils. Mr. Norton replied that they look
at soil composition and comply with what the landowner requests for remediation. Mr. Cope said that to
pass the compaction test you will need to have water.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR18-0043 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Bruce Sparrow, Seconded by Richard Beck.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Bruce Sparrow, Lonnie Ford, Michael Wailes, Richard Beck, Terry Cross, Tom Cope.
Meeting adjourned at 4:32 pm.
Respectfully submitted, 7'944.41./zikt.
Kristine Ranslem
Secretary
2
ATTENDANCE RECORD
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