HomeMy WebLinkAbout20182081.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0024, FORA GREATER THAN 12 -INCH HIGH PRESSURE NATURAL
GAS PIPELINE APPROXIMATELY 1,700 FEET LONG (16 -INCH NATURAL GAS
PIPELINE), A LESS THAN 30 -FOOT IN HEIGHT COMMUNICATION TOWER AND
METER SITE APPURTENANCES IN THE A (AGRICULTURAL) ZONE DISTRICT -
DYANNA GODFREY, NANCY KNAUF AND ELDON KNAUF, C/O DISCOVERY DJ
SERVICES, LLC
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 11th day of
July, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Dyanna Godfrey, Nancy Knauf and Eldon Knauf, c/o Discovery DJ Services,
LLC, 5789 Walnut Hill, Suite 335, Dallas, TX 75230, for a Site Specific Development Plan and
Use by Special Review Permit, USR18-0024, for a greater than 12 -inch high pressure natural gas
pipeline approximately 1,700 feet long (16 -inch natural gas pipeline), a less than 30 -foot in height
Communication Tower and Meter Site appurtenances in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
The Meter Site will be located in Subdivision
Exemption, SUBX18-0006; being part of the E1/2
NE1/4 of Section 10, Township 1 North, Range 66
West of the 6th P.M., Weld County, Colorado; The
Pipeline will originate at the Discovery Fort Lupton
Gas Plant in the NW1/4 of Section 11, Township 1
North, Range 66 West, then head west
approximately 1,700 feet into Section 10, Township
1 North, Range 66 West of the 6th P.M., Weld
County, Colorado, and terminate at the Discovery
Prairie Dog Meter Site
WHEREAS, at said hearing, the applicant was represented by Matt Norton, 3601
Stagecoach Road Longmont, Colorado 80504 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 23-2-260 of the Weld County Code.
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SPECIAL REVIEW PERMIT (USR18-0024) - DYANNA GODFREY, NANCY KNAUF AND
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2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B 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. The application indicates that the pipeline will be located to
minimize impacts on the operation of irrigation equipment. All soils
removed for installation of the pipeline will be returned to their original
location and will not be moved off -site. Discovery DJ Services indicates that
they will repair and/or replace any facilities damaged or removed during the
placement of the pipeline. The preferred pipeline route minimizes
environmental impacts such as wetland areas, water bodies and
agricultural lands. The preferred route is sited on dryland grazing lands
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 pipeline is located within the three (3) mile
referral area of the Town of Lochbuie, City of Brighton and City of Fort
Lupton. The City of Fort Lupton returned a referral response dated April 13,
2018, stating they had reviewed the application and would like to discuss
the potential for annexation and request all pipelines be located outside of
the future 85 -foot right-of-way for County Roads 12 and 35. The Town of
Lochbuie and City of Brighton did not return a referral response.
C. Section 23-2-490.C — The design of the proposed pipeline mitigates
negative impacts on the surrounding area to the greatest extent feasible.
The applicant indicates private easements have been negotiated and are
of record for the pipeline with private land owners. The preferred pipeline
route minimizes environmental surface impacts. The pipeline will cross
under a Public Service of Colorado (PSCO) electrical transmission line
corridor.
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. The
Conditions of Approval and Development Standards will ensure that there
is no fugitive dust or erosion and will ensure the control of noxious weeds.
Best Management Practices (BMPs) will be required for all construction
areas, including erosion control methods, dust suppression, et cetera.
E. Section 23-2-490.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. All pipelines will be
compliant with the Department of Transportation (DOT) requirements. Per
this standard, pipelines are required to have a minimum of four (4) feet of
cover, or greater, if required by local or state agencies. The pipeline trench
will be excavated mechanically; pipe segments will then be strung along
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SPECIAL REVIEW PERMIT (USR18-0024) - DYANNA GODFREY, NANCY KNAUF AND
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the ditch line and then welded together using welders and weld procedures
qualified under the requirements of the Code of Federal Regulations; each
weld will be examined utilizing industry standard non-destructive
examination, or x-ray, procedures by qualified technicians; the coating on
the pipeline will be inspected for damage and repaired as necessary and
the line(s) will be lowered into the trench and backfilled. The pipeline(s) will
subsequently be pressure tested using water (hydrostatically tested) to
industry regulations.
In addition to Discovery's monitoring and valve cutoff systems described in
the section below, Discovery will clearly mark the pipeline centerline with
markers placed at line -of -site intervals, and at road crossings. The markers
will clearly indicate the presence of a gas pipeline and will provide a
telephone number and address where a company representative can be
reached in an emergency or prior to any excavation in the area of the
pipeline. In addition, Discovery participates in the "One Call" system. "One
call" systems serve as the clearinghouse for excavation activities that are
planned close to pipelines and other underground utilities. Discovery
maintains a monitoring system that includes a gas control center that tracks
pressures, flows, and deliveries on its entire system. The gas control center
is staffed 24 hours a day, seven (7) days a week, 365 days a year.
Discovery also has area offices near the pipeline route with personnel who
can provide the appropriate response to emergency situations and direct
safety operations as necessary. Discovery's pipeline systems are equipped
with remotely controlled valves that can be operated from the gas control
center. In the event of an emergency, the valves allow for a section of the
pipeline to be isolated from the rest of the system. Data acquisition systems
are also present at all of Discovery's meter stations. If system pressures
fall outside of a predetermined range, an alarm is activated and notice is
transmitted to the gas control center. Routine ground inspections are
conducted by Discovery personnel or contractors. These inspections allow
Discovery to identify soil erosion that may expose the pipeline, dead
vegetation that may indicate a leak in the line, unauthorized encroachment
on the right-of-way by a third party, or other conditions that may lead to a
safety hazard and/or require preventative maintenance or repairs.
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. This route was selected as the preferred
project route as it balances environmental sensitivity, operational
efficiency, cost minimization, and adjacent landowner considerations. As
such, Discovery has proposed this alignment as the preferred route as it
helps meet the operational needs of the project while minimizing impacts
to the surrounding community and environment.
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
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resource, known historic landmark or archaeological site within the affected
area. The pipeline crosses dryland pasture and vacant lands. Colorado
Parks and Wildlife and History Colorado did not return a referral response
indicating a conflict with their interests.
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 be required to maintain historic flow patterns
and runoff amounts and, per the Department of Public Works, a drainage
plan will be not be required for the pipeline portion of this project. Section
1.A.5 of the drainage criteria provides an exception for pipelines and
transmission lines. Discovery acknowledges in their application that the
historical flow patterns and runoff amounts will be maintained on the site or
in such a manner that it will reasonably preserve the natural character of
the area and prevent property damage of the type generally attributed to
run-off rate and velocity increases, diversions, concentration and/or
unplanned ponding of storm run-off. The Design Standards (Section 23-2-
240, Weld County Code), Operation Standards (Section 23-2-250, Weld
County Code), Conditions of Approval and Development Standards can
ensure that there are adequate provisions for the protection of 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 Dyanna Godfrey, Nancy Knauf and Eldon Knauf, c/o
Discovery DJ Services, LLC, for a Site Specific Development Plan and Use by Special Review
Permit, USR18-0024, for a greater than 12 -inch high pressure natural gas pipeline approximately
1,700 feet long (16 -inch natural gas pipeline), a less than 30 -foot in height Communication Tower
and Meter Site appurtenances 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 Road Maintenance Agreement is required during the construction of the
pipeline. Road maintenance may include, dust control, tracking control, and
damage repair attributable to construction of the pipeline and located within
one-half (0.5) mile of any construction access point for the project.
B. A Final Drainage Report and Certification of Compliance stamped and
signed by a Professional Engineer registered in the State of Colorado is
required for the metering site only (SUBX18-0006).
C. The applicant shall provide clear information indicating where traffic for the
site will be accessing County roads.
D. The applicant shall submit Subdivision Exemption (SUBX18-0006) for
recording and place the reception number and date of recording on the
USR Map.
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F. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0024.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-520 of
the Weld County Code.
4) The final location of the permanent gas pipeline easement with
dimension of permanent easement, property ownership, parcel
number, and any significant man-made features within one-half
(0.5) mile on each side of the approved route.
5) County Road 31 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 the existing right-of-way on the site plan. All setbacks
shall be measured from the edge of the right-of-way. This road is
maintained by Weld County.
6) County Road 12 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 the existing right-of-way on the site plan. All setbacks
shall be measured from the edge of the right-of-way. This road is
maintained by Weld County.
7) From County Road 12 to approximately 2,700 feet south of County
Road 12, County Road 35 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 the existing right-of-way on the site plan. All setbacks
shall be measured from the edge of the right-of-way. This road is
maintained by Weld County.
8) From approximately 2,700 feet south of County Road 12 to County
Road 10 right-of-way, County Road 35 Section Line is shown to
have 60 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 the right-of-way. The applicant shall
show and label the section line Right -of -Way as "CR 35 Section
Line Right -of -Way, not County maintained."
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9) From County Road 33 right-of-way to County Road 35 right-of-way,
County Road 10 Section Line is shown to have 60 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 the right-of-way. Show and label the section line
Right -of -Way as "CR 10 Section Line Right -of -Way, not County
maintained."
10) From County Road 31 to County Road 33 right of way, County Road
10 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 the
existing right-of-way on the site plan. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by
Weld County.
11) County Road 33 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 the right-of-way. Show and label the section line
Right -of -Way as "CR 33 Section Line Right -of -Way, not County
maintained."
12) Show and label the approved access locations, approved access
width and the appropriate turning radii (60') on the site plan. The
applicant must obtain an Access Permit in the approved location(s)
prior to construction.
13) Show and label the entrance gate, if applicable. An access
approach that is gated shall be designed so that the longest vehicle
(including trailers) using the access can completely clear the
traveled way when the gate is closed. In no event shall the distance
from the gate to the edge of the traveled surface be less than
35 feet.
14) The applicant shall show and label the accepted drainage features
and drainage flow arrows. Stormwater ponds should be labeled as
"Stormwater Detention, No -Build or Storage Area" and shall include
the calculated volume.
16) Show and label the boundary of SUBX18-0006 for Oil and Gas
Support and Service; include the reception number and date of
recording.
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17) Show the Colorado Interstate Gas Transmission Line and
associated easement for the pipeline. Include the reception number
and date of recording.
18) Show the future City of Fort Lupton 85 -foot right-of-way for County
Roads 12 and 35, as stated in the referral dated April 13, 2018.
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.
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 maps@co.weld.co.us.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed for construction of non -pipeline
items or the meter site, a Weld County Grading Permit will be required.
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.
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
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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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of July, A.D., 2018.
ATTEST:
dattA,A)
Weld County Clerk to the Board
BY:
APPR
County orney
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
EXCUSED
Steve Moreno, Char
Barbara Kirkmeyer, Pro-Tem
EXCUSED
can P. Conway
Date of signature: /6.
Mike Freeman
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DYANNA GODFREY, NANCY KNAUF AND ELDON KNAUF
C/O DISCOVERY DJ SERVICES, LLC
USR18-0024
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0024, is
for a greater than 12 -inch high pressure natural gas pipeline approximately 1,700 feet long
(16 -inch natural gas pipeline), a less than 30 -foot in height Communication Tower and
Meter Site appurtenances in the A (Agricultural) Zone District, subject to the Development
Standards stated hereon.
2. 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. 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.
5. The access on the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
6. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
7. 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.
8. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
9. Maintenance of unmaintained County right-of-way will not be the responsibility of Weld
County.
10. The historical flow patterns and runoff amounts on the site will be maintained.
11. Weld County is not responsible for the maintenance of on -site drainage related features.
12. 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.
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13. 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.
14. 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.
15. 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.
16. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construction of the project and until ground cover is established. Uses on the property
shall comply with the Colorado Air Quality Commission's Air Quality Regulations.
17. 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.
18. 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.
19. The facility shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations.
20. The facility shall notify the County of any revocation and/or suspension of any State -issued
permit.
21. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone, as delineated in C.R.S. §25-12-103.
22. The operation shall comply with all applicable rules and regulations of the state and federal
agencies and the Weld County Code.
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 activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
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25. 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.
26. 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.
27. 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.
28. 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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