HomeMy WebLinkAbout20182908.tiff EXHIBIT
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BEFORE THE WELD COUNTY , COLORADO , PLANNING COMMISSION U�1� "� �S �°
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 USR18-0056
APPLICANT: DCP OPERATING COMPANY, LP
PLANNER : CHRIS GATHMAN
REQUEST : A SITE -SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A 20-INCH HIGH PRESSURE NATURAL GAS PIPELINE 7 . 47
MILES IN LENGTH IN THE A (AGRICULTURAL ) ZONE DISTRICT.
LEGAL DESCRIPTION : THE PROPOSED PIPELINE CROSSES SECTIONS 36 , T6N , R65 ; SECTION 1 ,
T5N , R65W; AND SECTIONS 6 , 7 , 18 , 19 , 30 AND 31 , T5N , R64W OF THE 6TH
P . M . , WELD COUNTY , COLORADO .
LOCATION : EAST OF CR 47 , WEST OF CR 51 , NORTH OF CR 50 AND SOUTH OF CR 64 .
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 application indicates that DCP attempted to avoid cultivated agricultural fields . The
pipeline route is proposed to be as direct as possible to limit the total acreage of land
impacted during construction . In areas where agricultural land is disturbed , the applicant is
proposing to :
• Segregate topsoil and preserve during grading operations , and returned as
surface layer once the pipeline is installed .
• Install the pipeline in areas that avoid impacting the operation of irrigation
equipment.
• Upon completion of construction , the pipeline ROW will be seeded or left fallow
per the wishes of the property owner.
The proposed use is in an area that can support this development and the existing screening ,
the Development Standards, and the Conditions of Approval will assist in mitigating the
impacts of the facility on the adjacent properties and ensure compatibility with surrounding
land uses and the region .
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 located within the 3-mile referral areas of the City of Greeley and the Town of
Kersey . The pipeline also crosses the Weld County/Kersey Intergovernmental Agreement
(IGA) boundary .
The City of Greeley indicated no conflicts with their interests per their referral response dated
July 3 , 2018 . No referral response has been received from the Town of Kersey.
C . Section 23-2-480 . A. 3 — The design of the proposed pipeline mitigates negative impacts on
ihe surrounding area to the greatest extent feasible .
The preferred pipeline route minimizes stream crossings and the impacts to surrounding
property owners is less than a shorter, more direct route . Construction mitigation techniques
RESOLl1TION 11SFt18-0056
DCP OPERATING COMPANY , LP
PAGE 2
and reseedinglstabilization after the pipeline is installed will minimize impacts as well .
D . Section 23-2-480.A.4 — The site shall be maintained in such a manner so as to contral soil
erosion , dust and the growth of noxious weeds .
The application indicates that water trucks will be used to suppress dust . DCP will obtain a
Stormwater Management Plan {SWMP} and will follow the SWMP Plan during construction
(including installation of Best Management Practices {BMPs} andlor apply seed to the
pipeline right-way to encourage revegation and soil stabilization to minimize soil erosion .
Additionally , DCP will be required to obtain an Air Pollution Emission Notice {APEN } .
E . Section 23-2-480 .A . 5 -- The applicant has agreed to implement any reasonable measures
deemed necessary by the Board of County Commissioners ta ensure that the health , safety
and welfare of the inhabitants af the County will be protected , and ta mitigate or minimize any
potential ad �erse impacts from the proposed pipeline .
The application indicates the following mitigation measures :
• The contractor will bore beneath county roads during construction to avoid
damage to road surface and to minimize disruptions to traffic flow.
• Waterbodies will either be crossed either by boring beneath the waterbody or by
an open-cut crossing method . Best Management Practices ( BMPs} shall be
utilized to protect the water body from erosion andlor sediment runoff.
• Tracking pads will be utilized where heavy equipment is proposed to cross
paved county roads to prevent damage to road surfaces .
• Once the pipeline is installed , subsoil and topsoil (which had been segregated
from pipeline installation activities ) will be placed back in the trench and the
ROW will be graded to pre-construction contours .
• Any crops damaged due to pipeline construction will be replaced by DCP
• DCP will apply far a CDPHE Construction Stormwater Permit .
• Disturbed areas will be stabilized by reseeding and installing permanent erosion
controls as soon as possible following final grading or left fallow per land owner
requests .
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 .
According to the application materials , the preferred route was selected because it balances,
en �ironmental sensitivity , operational efficiency , cost minimization and landowner approval .
The applicant considered another route that offered a shorter, more direct route. However,
this route required mare stream crassings and increased impacts to landowners.
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 .
DCP completed surveys for resources and for culturallarcheological resources in March of
2018 . No threatened or endangered species were located in the proposed pipeline ROW. �Jo
scenic or unique natural resources will be affected . The application indicates that the majority
of ditches and the South Platte will be avoided by boring . Any impacts to wetlands will be
temporary and the applicant will coordinate with the US Army Corps of Engineers if
applicable.
Colorado Parks and Wildlife indicated no conflicts with their interests in their referral respanse
RESOLl1TION 11SFt18-0056
DCP OPERATING COMPANY , LP
PAGE 3
dated 612512018 . No referral response has been recei�ed from either the History Colorado or
the LJS Army Corps af Engineers.
H . Section 23-2-480 .A. 8 — No ad�erse impact, from stormwater runaff, ta the public rights-af-way
andl or surrounding properties as a result of the pipeline .
The applicant will apply for a Construction Stormwater Permit from the CDPH and implement
a Stormwater Management Plan (SWMP} and implement BMPs to minimize stormwater
runoff and soil erosion .
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 far the protection of health , safety , and welfare of
the inhabitants of the neighborhood and County .
This recommendation is based , in part, upon a re�iew of the application materials submitted by the applicant,
other rele�ant 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. The applicant shall attempt to address the requirements of the Irons Lateral Ditch , as stated in
the referral response dated 611 812 0 1 8 . Written evidence of such shall b� submitted to the Weld
County Department of Planning Services . ( Department of Planning Services}
B . The applicant shall attempt to address the requirements of th� Starr & Westbrook P . C on behalf
of the Lower Latham Ditch Company, as stated in the referral response dat�d 712I2018 . Written
e�idence of such shall be submitted to the Weld County Department of Planning Services .
{Department of Planning Services )
C . The applicant shall attempt to address the requirements of the Farmer's Reservoir and Irrigation
Company , as stated in the referral response dated 715l2018. Written evidence of such shall be
submitted to the Weld County Department of Planning Services . ( Department of Planning
Services}
D . The applicant shall address the requirements of the Colorado Department of Transportation
{CDOT) as stated in their referral dated 611312018 . Written e�idence of such shall be submitted
to the Weld County Department of Planning Ser+iices . (CDOT)
E . 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 'h mile of any construction access point for the
project. {Department of Public Works )
F . 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 Ser+iices . ( Department of Planning Ser+�ices}
G . Any impro�ements or new construction in the floodplain require a Flood Hazard Develapment
Permit . ( Department of Planning Ser�ices - Floodplain }
H . The map shall be amended to delineate the following :
1 . All sheets of the map shall be labeled USR18-0056. {Department of Planning Services}
2 . The attached Development Standards . ( Department of Planning Services}
RESOLl1TION 11SFt18-0056
DCP OPERATING COMPANY , LP
PAGE 4
3. The map shall be prepared in accordance with Section 23-2-260 . D of the Weld County
Code. {Department of Planning Ser�ices )
4. County Road 62 . 5 is a gra �el 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 49 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 Vllorks}
6. County Road 49 is a paved road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall
be measured from the edge of right-of-way. This road is maintained by Weld County.
( Department of Public Works}
7. County Road 54 . 25 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full
buildout . The applicant shall delineate on the site plan the future and existing right-of-
way . All setbacks shall be measured from the edge of future right-of-way. This road is
maintained by Weld County. (Department of Public Works )
8. County Road 58 is a paved road and is designated on th � 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 )
9. County Road 60 .5 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full
buildout . The applicant shall delineate on the site plan the future and existing right-of-
way . All setbacks shall be measured from the edge of future right-of-way. This road is
maintained by Weld County. (Department of Public Works )
10 . Caunty Road 54 Section Line is shown to have 30 feet of unmaintained section line right-
of-way per the Weld County GIS right-of-way map. The applicant shall delineate the
existing right-of-way on the site plan . All setbacks shall be measured from the edge of
right-of-way. { Department of Public Works )
11 . Show and label the approved access locations on the site plan ( If applicable) . The
applicant must obtain an access permit in the approved location {s ) prior to construction .
( Department of Public Works}
12 . Show and label the section line Right-of-Way as " CR 54 Section Line Right-Of-Way, not
County maintained ." (Department of Public Works}
13 . Show and label all recorded easements on the map by book and page number or
reception number and date on the site plan . ( Department of Public Works)
14 . 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 or
appropriate study . ( Department of Planning Services - Floodplain}
RESOLl1TION 11SFt18-0056
DCP OPERATING COMPANY , LP
PAGE 5
2 . Upon completion af Candition of Appro�al #1 abo�e , the applicant shall submit one { 1 ) electronic copy
( . pdf} of the map for preliminary appro�al to the Weld County Department of Planning Services . Upon
appro�al 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 �ection 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 Commissianers Resalution , a $50 .00 recording continuance eharge shall added for each
additional three (3} month period . ( Department of Planning Ser�ices)
4 . The Department of Planning Ser+�ices respeetfully requests a digital copy of this " Use by Special
Re�iew" , 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 0541 {US Feet} . . . . etc. ) . This digital file may be sent to maps(c�co.weld . co .us .
( Department of Planning Services}
5 . Prior to Construction :
A. The appro�ed access and tracking control shall b� constructed prior to construction of the
pipeline . ( Department of Public Works}
B . The applicant shall submit evidence of a right-of-way permit for any work that may be r�quired in
th� right-of-way andlor a special transport permit for any oversized or o�erweight �ehicles that
may acc�ss the site. {Department of Public Works )
C . If more than one ( 1 } acre is to be disturbed for construction of non-pipeline items, a Weld County
grading permit will be required . {Department of Public Works )
D . Any improvements or new construction in the floodplain require a Flood Hazard Development
Permit. {Department of Planning Services - Floodplain )
6 . Prior to Operation :
A. The applicant shall de�elop an Emergency Action and Safety Plan with the Office of Emergency
Management and the Fire District. The plan shall be re�iewed 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 Seruices}
Motion seconded by Lonnie Ford .
RESOLl1TION 11SFt18-0056
DCP OPERATING COMPANY , LP
PAGE 6
VOTE :
Far Passaqe Acaainst Passage Absent
Bruce Johnsan
Bruce Sparrow
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
David Stahl , Sr.
The Chair declared the resolution passed and ordered that a certified copy be farwarded with the file of this
case to the Board of County Commissioner' s for further proceedings .
CERTIFICATION OF COPY
I , Michelle Wall , 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 September 4 , 2018 .
Dated the 4'h of September, 2018
�-�'�"Y1���d�,L.� �' L.�t.�-�-
Michelle Wall
Secretary
RESOLl1TION 11SFt18-0056
DCP OPERATING COMPANY , LP
PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DCP Operating Company, LP
USR18-0056
1 . A Site-Specific Development Plan and Use by Special Review Permit, USR18-0056 , for a Site-Specific
Development Plan and Use by Special Re�iew Permit for a greater than 12-inch high pressure natural gas
pipeline (20-inch High Pressure Natural Gas Pipeline ) approximately 7 . 47 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 . 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 remo�ed for final disposal in a manner that
protects against surface and groundwater contaminatian . {Department of Public Health and En�ironment}
4 . 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}
5 . 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 , Artide 1 of the Weld County Code . ( Department of
Public Health and Environment}
6 . Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of canstruction
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)
7 . 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}
8 . The operation shall complywith all applicable rules and regulations of State and Federal agencies and the
Weld County Code . {Department of Public Health and EnVironment)
9 . 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 En�ironment)
10 . 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)
11 . The property owner shall control noxious weeds on the site . {Department of Public Works )
12 . During construction , the access{es ) on the site shall be maintained to mitigate any impacts to the public
road including damages andlor off-site tracking . {Department of Public Works )
13 . During construction , there shall be no parking or staging of vehicles on public roads . On-site parking will
be utilized . ( Department of Public Works}
RESOLl1TION 11SFt18-0056
DCP OPERATING COMPANY , LP
PAGE 8
14 . 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 )
15. Access will be along unmaintained County right-of-way and maintenance of the right-af-way will not be the
responsibility of Weld County. (Department of Public Works )
16 . Any oil and gas pipeline crossing a county road shall be bored to a minimum depth ^f +,A,o„ +,. r �ni foo+
, ,
,AlYYf�ih ^f,�"�atur��i�e#�ua� as presented by the Public Works Department at the time of the Resolution
of the USR . ( Department of Public Works}
17 . With exception of perpendicular crossings , oil and gas pipelines are nat to be located within Weld County
right af way or future right of way. ( Department of Public Works )
18 . Any damage occurring to the right of way, caused by the pipeline, will be the responsibility af the operator.
( Department of Public Warks}
19 . The histarical flow patterns and runoff amounts on site will be maintained . {Department of Public Works}
20 . A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency {FEMA} FIRM
Community Panel Map #08123C- 1561 E , 1565E , and 1575E effective date January 20 , 2016 ( Lone Tree
Creek Floadplain ) . Any de�elopment shall comply with all applicabl� Weld County requirements ,
Colorada Water Conser+�ation Board requirements as described in Rules and Regulations for Regulatory
Floodplains in Colorado , and FEMA regulations and requirements as described in 44 CFR parts 59 , 60,
and 65 . The FEMA definition of de�elopment is any man-made change to impro�ed or unimpro�ed real
estate , including but not limited to buildings or other structures , mining , dredging , filling , grading , paving ,
exca�ation , drilling operations, or storage of equipment and materials . ( Department of Planning Ser�ices -
Floodplain}
21 . FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any
development activities , the owner should contact Weld County to determine if the floodplain boundaries
have been modified . ( Department of Planning Services - Floodplain }
22 . Building permits may be required , per Section 29-3- 14 of the Weld County Code . Currently, the following
ha�e 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 )
23 . The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
24 . 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 acti�ities carried out on the property comply with the Conditions of Approval and De�elopment
Standards stated herein and all applicable Weld County regulations .
25 . The Use by Special Re�iew 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 appro�al 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 .
RESOLl1TION 11SFt18-0056
DCP OPERATING COMPANY , LP
PAGE 9
26 . The property owner or aperator shall be responsible for complying with all af the foregoing De�elopment
Standards . Noncompliance with any of the foregoing Development Standards may be reason for
re�ocation of the Permit by the Board of County Commissioners .
27 . RIGHT TQ EXTRACT MINERAL RESOURCES STATEMENT : Weld Caunty 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 mo�ing into these areas
must recognize the various impacts associated with this de�elopment. Often times , mineral resource sites
are fixed to their geographical and geophysical locations . Moreo�er , these resources are protected
property rights and mineral owners should be afforded the opportunity to extract the mineral resource .
28 . WELD COUNTY' S RIGHT TO FARM : Weld County is one of the most praductive 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 : op�n views , spaciousness , wildlife, lack of city nois� 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 fore�er.
Agricultural users of the land should not be �xpected to change their long-established agricultural
practices to accommodate the intrusions of urban us�rs into a rural area . Vllell-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 �isual disparity between rural and
urban areas of the County. Section 35-3 . 5- 102 , C . R . S . , pro�ides 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 forthe 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 ta be served stretches a�ailable
resources . Law enforcement is based on responses to complaints more than on patrols af the County,
and the distances which must be traveled may delay all emergency responses , including law enforcement,
ambulance , and fire. Fire protection is usually pro�ided by volunteers who must leave their jobs and
families ta respond to emergencies . County gra�el roads , no matter how often they are bladed , will not
pro�ide the same kind of surface expected from a paved road . Snow remo�al priorities mean that raads
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
RESOLl1TION 11SFt18-0056
DCP OPERATING COMPANY , LP
PAGE 10
equipment and oil field equipment, ponds and irrigation ditches , electrical power far pumps and center
pivot operations, high speed traffic , sandburs, puncture �ines , territorial farm dogs and livestock, and open
burning present real threats . Controlling children 's acti�ities is important , not only fortheir safety, but also
for the protection of the farmer' s livelihood .
�� f�/���, v,..#-��� EXHIBIT
b9loyl ➢�s �
� �
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING �S�1 � ^ �cJ�
Tuesday, September 4 , 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 Vice Chair,
Gene Stille, at 12 : 30 pm .
Roll Call .
Present: Bruce Sparrow, David Stahl , Sr. , Elijah Hatch , Gene Stille, Lonnie Ford , Richard Beck, Tom Cope.
Absent: Bruce Johnson , Michael Wailes
Also Present: Kim Ogle , Chris Gathman , Diana Aungst, Michael Hall , Angela Snyder, Department of
Planning Services ; Lauren Light and Ben Frissell , Department of Health ; Evan Pinkham , Public Works ;
Frank Haug , County Attorney, and Michelle Wall , Secretary.
The Chair called a recess at 1 : 57 p . m . and reconvened the hearing at 2 : 15 p . m .
CASE NUMBER: USR18-0056
APPLICANT: DCP OPERATING COMPANY, LP
PLANNER: CHRIS GATHMAN
REQUEST: A SITE-SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW PERMIT FOR A 20-INCH HIGH PRESSURE NATURAL GAS
PIPELINE 7 . 47 MILES IN LENGTH IN THE A (AGRICULTURAL) ZONE
DISTRICT.
LEGAL DESCRIPTION : THE PROPOSED PIPELINE CROSSES SECTIONS 36 , T6N , R65;
SECTION 1 , T5N , R65W; AND SECTIONS 6 , 7 , 18 , 19, 30 AND 31 , T5N ,
R64W OF THE 6TH P . M . , WELD COUNTY, COLORADO .
LOCATION : EAST OF CR 47, WEST OF CR 51 , NORTH OF CR 50 AND SOUTH OF
CR 64 .
Chris Gathman , Planning Services , presented Case USR18-0056 , 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 existing traffic, access to the site and drainage conditions for
the site.
Lauren Light, Environmental Health , reviewed the public water and sanitary sewer requirements , on-site
dust control , and the Waste Handling Plan .
Patrick Groom , 822 7�h Street, Suite 760 , Greeley, Colorado, stated he is the attorney representative for
DCP Operating Company LP . The proposed 20-inch discharge line that will run from Libsack Compressor
Station to the O' Connor Plant. The expansion of the plant will allow DCP to divert production and compress
gas from the Libsack Station to the O 'Connor Natural Gas Processing Plant. The pipeline is 7 . 47 miles in
length . There will be multiple ditch crossings. Mr. Groom explained how DCP has to work with each ditch
owner. There are different legalities to deal with depending upon the type and nature of the ditch , such as
whether there is a fee interest in the land , if it' s a prescriptive ditch or an easement. Ditch crossing
agreements will be entered into between DCP and the ditch owner.
Commissioner Sparrow asked what the depth is to bore pipeline under a river. Mr. Groom explained that
is determined by engineers. River crossings tend to be deeper. Commissioner Sparrow expressed concern
about a farmer losing their ditch . Mr. Groom explained that is why DCP and the ditch owner negotiate to
come to agreeable terms.
Commissioner Stille asked if any of the three ditch companies mentioned are prescriptive easements. Mr.
Groom said it is his understand that the Irons Lateral Ditch is not a mutual ditch company, not organized as
a ditch company and there are no documents of record indicating fee owners or interested parties. He
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believes Lower Latham has a fee owner and DCP is negotiating a crossing agreement with them. Mr.
Groom said that DCP is also negotiating a crossing agreement with Farmers Reservoir and Irrigation.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Dennis Hoshiko, 1811 381h Avenue, Greeley, Colorado. Mr. Hoshiko read his statement and he said he will
provide a copy for the record. He feels that many pipeline companies disregard the rights and wellbeing of
many Weld County historic irrigation ditch owners. Mr. Hoshiko stated that the companies have already
built or plan to build their pipelines underneath ditches without informing some ditch owners of the location
or depth of the pipelines. Mr. Hoshiko said that the historic irrigation ditch easements are lawfully
established and legally recognized right of ways that convey court decree water rights to specific lands.
Mr. Hoshiko stated he is the dully authorized agent of the owners for Irons Lateral Ditch which was built in
the late 1800s. A few months ago, he heard through the grapevine about DCP's plans to build the pipeline
underneath the Irons Lateral Ditch, but he was only contacted by a DCP representative last week. Mr.
Hoshiko said he intends to provide DCP with the same ditch crossing easement that four other pipeline
companies recently agreed to before they built their pipelines.
Commissioner Sparrow asked if the Irons Lateral Ditch is shown on any County maps or whether the ditch
has just been used over the years. He also asked if there was an easement for the ditch. Mr. Hoshiko said
the Lower Latham Ditch Company has mapping showing the ditch. He is not aware of any County maps.
Hoshiko said that DCP is aware of their existence because they have worked with them in the past.
Commissioner Beck asked if there are any deeds or easements of record. Mr. Hoshiko answered that there
are. Beck asked for the width of the ditch and what is needed to maintain the ditch. Mr. Hoshiko said the
ditch is 10 — 15 feet wide and it is required to irrigate several hundred acres of land.
Commissioner Stille asked Mr. Hoshiko if he has a preference for the depth of the bore? Mr. Hoshiko said
it has to be deep enough to preclude the rupture of the bore, if it is going to be bored. He does not feel four
feet is adequate.
Dan Swanson, 3000 561h Avenue, Greeley, Colorado, questioned why the documentation he has seen
mentions the Libsack delivery pipeline. Through the entire length of the pipeline, there is a second proposed
pipeline shown. Mr. Swanson wonders why the second line has not been mentioned in the verbal portion
of the presentation.
Chair asked the applicant to address concerns. Mr. Groom explained a crossing agreement is not an
easement. A crossing agreement is a contractual agreement between a ditch company and a pipeline
company that determines how the crossing is going to occur. He said the holder of a prescriptive easement
does not have the right to demand an easement agreement to cross underneath their ditch; they do have
interest though and those interests should be accommodated. Mr. Groom said one of the challenges when
dealing with prescriptive easements, there are not always adequate records in public records. DCP plans
to enter into a crossing agreement with Irons Lateral Ditch.
In terms to the second pipeline, Mr. Groom said there is a low pressure 20 -inch line that is being installed.
Because it does not meet the definition of a pipeline under the code, there is no requirement for a USR.
Mr. Groom stated that the Planning Department is aware of this pipeline.
Commissioner Sparrow commented that if DCP would work with Mr. Hoshiko and explain what the plans
are for crossing under the ditch, it would solve a lot of the problem. Mr. Groom said that is what DCP is in
the process of trying to do.
Commissioner Cope asked how long the design process for the pipeline has been going on. Mr. Groom
said the need for the pipeline didn't arise until the O'Connor Plant's need for expansion. Commissioner
Cope asked why DCP only contacted Mr. Hoshiko last week; he said it seems Mr. Hoshiko should have
been contacted months ago. Mr. Groom explained typically before DCP can cross ditches, they negotiate
a crossing agreement. In the case of the Irons Lateral, DCP was not sure who they were supposed to
contact. A Statement of Authority, that has not been recorded, was signed by Mr. Hoshiko and submitted
to the Planning Department along with his referral comments. Once DCP saw this information, they had a
contact to reach out to.
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Commissioner Stille asked when DCP is reviewing easements going across a property, and they come
across a prescriptive ditch, do they contact the landowner or the contact person for the ditch. Mr. Groom
said they believe when a prescriptive ditch crosses someone's property, the only legal permission needed
to cross underneath the ditch is the consent of the land owner who owns the fee interest in the land.
Commissioner Stille asked if DCP has negotiated with the land owner who has the ditch on his property
and Mr. Groom replied they have.
Motion: Amend Development Standard 16 to read "Any oil and gas pipeline crossing a county road shall
be bored to a minimum depth as presented by the Public Works Department at the time of the Resolution
of the USR", Moved by Tom Cope, Seconded by David Stahl, Sr. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement with the amended Development Standards.
Motion: Forward Case USR18-0056 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 Lonnie Ford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Sparrow, David Stahl, Sr., Elijah Hatch, Gene Stille, Lonnie Ford, Richard Beck, Tom Cope.
The meeting was adjourned at 6:49 p.m.
Respectfully submitted,
Michelle Wall
Secretary
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