HomeMy WebLinkAbout20182896.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0055, FORA GREATER THAN 12 -INCH HIGH PRESSURE NATURAL
GAS PIPELINE (16 -INCH HIGH PRESSURE NATURAL GAS PIPELINE
APPROXIMATELY ONE (1) MILE IN LENGTH) IN THE A (AGRICULTURAL) ZONE
DISTRICT - DCP OPERATING COMPANY, LP
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 26th day of
September, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of DCP Operating Company, LP, 3026 4th Avenue, Greeley, CO 80631,
for a Site Specific Development Plan and Use by Special Review Permit, USR18-0055, for a
greater than 12 -inch high pressure natural gas pipeline (16 -inch high pressure natural gas pipeline
approximately one (1) mile in length) in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
The proposed pipeline will be located in the S1/2 of
Section 31, Township 5 North, Range 64 West and
the SE1/4 of Section 36, Township 5 North, Range
65 West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Attorney Patrick Groom, of
Witwer, Oldenburg, Barry and Groom, LLP, 822 7th Street, Suite #760, Greeley, CO 80631, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-490 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-490 of the Weld County Code as follows:
A. Section 23-2-490.A — All reasonable efforts have been made to avoid
irrigated cropland or to minimize the negative impacts on agricultural uses
and lands. DCP has made efforts to avoid actively cultivated croplands. In
areas where cultivated land could not be avoided, DCP is proposing to
implement the following: segregate topsoil and preserve during grading
operations and return as surface layer once the pipeline is installed; install
the pipeline in areas that avoid impacting the operation of irrigation
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SPECIAL REVIEW PERMIT (USR18-0055) — DCP OPERATING COMPANY, LP
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equipment; and, upon completion of construction, the pipeline right-of-way
will be seeded or left fallow per the wishes of the property owner.
B. Section 23-2-490.B — 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 is located within the
three (3) mile referral area and boundary of the Kersey/Weld County
Cooperative Planning Agreement (IGA). No referral response has been
received from the Town of Kersey regarding this application.
C. Section 23-2-490.C — The design of the proposed pipeline mitigates
negative impacts on the surrounding area to the greatest extent feasible.
Construction mitigation techniques and reseeding/stabilization after the
pipeline is installed will minimize impacts as well.
D. Section 23-2-490.D — The site shall be maintained in such a manner so as
to control soil erosion, dust and the growth of noxious weeds. DCP has
indicated that they will apply for a Colorado Department of Public Health
and Environment (CDPHE) Construction Stormwater Permit. This permit
will delineate mitigation measures and Best Management Practices
(BMPs) to control soil erosion during construction. The pipeline right-of-way
will be stabilized by installing permanent erosion controls and reseeding as
soon as possible following final grading. During construction of the project,
water trucks will be used to maintain dust and control fugitive particulate
emissions. Additionally, DCP will be required to obtain an Air Pollution
Emission Notice (APEN).
E. Section 23-2-490.E — 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 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; 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 right-of-way will be graded to
pre -construction contours; any crops damaged due to pipeline construction
will be replaced by DCP; DCP will apply for a CDPHE Construction
Stormwater Permit; and, 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 23-2-490. F — 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 application indicated that DCP selected
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this route as the preferred route as it balances environmental sensitivity,
operation efficiency, cost minimization, and portions of the pipeline parallel
existing DCP pipelines and landowner approval.
G. Section 23-2-490.G — 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 conducted surveys for natural resource (including wildlife) and
cultural/archeological concerns. No threatened and endangered species,
wetlands or waterbodies, or cultural resources were identified. Colorado
Parks and Wildlife indicated no concerns in the referral response dated
June 13, 2018. No referral response has been received from the Colorado
Historical Society (History Colorado) in regard to this case.
H. Section 23-2-490.H — 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 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 for the protection of the health, safety, and welfare of the
inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of DCP Operating Company, LP, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0055, for a greater than 12 -inch
high pressure natural gas pipeline (16 -inch high pressure natural gas pipeline approximately one
(1) mile in length) in the A (Agricultural) Zone District, on the parcel of land described above be,
and hereby is, granted subject to the following conditions:
1. Prior to recording the map:
A. A copy of the signed and recorded (construction and post -construction)
easement agreements (or other acceptable authorization from property
owner) for pipeline right-of-way shall be submitted to the Department of
Planning Services.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0055.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
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4) The County Highway is designated on the Weld County Functional
Classification Map as an arterial road, which typically requires
140 feet of right-of-way at full build out. The alignment of the road
widening project varies along the section line for the corridor. The
applicant shall contact the Weld County Department of Public
Works for the location of the existing and future rights -of -way and
easements and delineate these on the site plan.
5) The applicant shall 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.
6) The applicant shall show and label all recorded easements on the
map by book and page number or reception number and date on
the site plan.
2. Upon completion of Condition of Approval (COA) #1 above, the applicant shall
submit 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.
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 be added for each additional three (3)
month period.
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 mapsco.weld.co.us.
5. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to
construction of the pipeline.
B. If more than one (1) acre is to be disturbed for construction of non -pipeline
items, a Weld County Grading Permit will be required prior to the start of
construction.
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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.
D. A signed Road Maintenance Agreement shall be submitted to the
Department of Public Works prior to the construction of the pipeline. Road
maintenance may include, dust control, tracking control, damage repair
attributable to construction of the pipeline and located within one-half (0.5)
mile of any construction access point for the project.
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. 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.
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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of September, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: daticadv11,0'��''`�'��--71
Ste.,,,
Weld County Clerk to the Board
BY:
a.
Deputy Clerk to the Board
APP
ounty torney
A. Cozad
ike Freeman
Date of signature: 1) t l O 118'
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DCP OPERATING COMPANY, LP
USR18-0055
1. The Site -Specific Development Plan and Use by Special Review Permit, USR18-0055, is
for a greater than 12 -inch high pressure natural gas pipeline (16 -inch High Pressure
Natural Gas Pipeline) approximately one (1) mile in length in the A (Agricultural) Zone
District, subject to the Development Standards stated hereon.
Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
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.
4. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal
Sites and Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final
disposal in a manner that protects against surface and groundwater contamination.
5. 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, C.R.S. §30-20-100.5.
6. During construction, waste materials shall be handled, stored, and disposed of 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 I, of the Weld County Code.
7. 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.
8. 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.
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 of the
Colorado Department of Public Health and Environment, as applicable.
10. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
11. 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
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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.
12. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
13. 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.
14. During construction, there shall be no parking or staging of vehicles on public roads.
On -site parking will be utilized.
15. 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.
16. Any oil and gas pipeline crossing a County road shall be bored to a minimum depth as
required by the Public Works Department through a Right -of -Way Permit. This depth shall
be measured below the lowest roadside ditch flowline elevation, for the full width of the
future right-of-way.
17. With exception of perpendicular crossings, oil and gas pipelines are not to be located
within Weld County rights -of -way or future rights -of -way.
18. Any damage occurring to the right-of-way, caused by the pipeline, will be the responsibility
of the operator.
19. The historical flow patterns and runoff amounts on site will be maintained.
20. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
21. 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.
22. 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.
23. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development
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Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
24. 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 persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, 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.
25. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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