HomeMy WebLinkAbout20182919.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0057, FOR A GREATER THAN 12 -INCH HIGH PRESSURE NATURAL
GAS PIPELINE (16 -INCH HIGH PRESSURE NATURAL GAS PIPELINE) 4.47 MILES 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, USR18-0057, for a
greater than 12 -inch high pressure natural gas pipeline (16 -inch high pressure natural gas
pipeline) 4.47 miles in length in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
The proposed pipeline crosses Sections 2, 11, 14,
23 and 26, Township 6 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 23-2-260 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. 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 return as
surface layer once the pipeline is installed; install the pipeline in areas that
avoid impacting the operation of irrigation equipment; and, upon
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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 City
of Greeley three (3) mile referral area. The City of Greeley, in the referral
response dated July 3, 2018, indicated no conflicts.
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 selected route balances environmental sensitivity, operational
efficiency, cost minimization, and landowner approval. DCP considered an
alternative route that provided a straighter, more direct line than the
preferred route. However, this alternative alignment would cross pivot
irrigation parcels diagonally and result in additional impacts to landowners.
As a result, this route was not selected. 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. 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), and/or apply seed to the pipeline right-of-way to
encourage revegetation and soil stabilization to minimize soil erosion.
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; waterbodies will be crossed
either by boring beneath the waterbody or by an open -cut crossing method
and Best Management Practices (BMPs) shall be utilized to protect the
water body from erosion and/or 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 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
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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 selected route balances environmental
sensitivity, operational efficiency, cost minimization, and landowner
approval. DCP considered an alternative route that provided a straighter,
more direct line than the preferred route. However, this alternative
alignment would cross pivot irrigation parcels diagonally and resulted in
additional impacts to landowners. As a result, this route was not selected.
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 completed surveys for resources and for cultural/archeological
resources in March of 2018. No threatened or endangered species were
located in the proposed pipeline right-of-way. No scenic or unique natural
resources will be affected. The application indicates that the majority of
ditches (including the Greeley No. 2 ditch) will be avoided by boring, or if
open cut, will be restored to their pre -construction condition. Colorado
Parks and Wildlife indicated no conflicts in the referral response dated
June 20, 2018. No referral response has been received from either the
History Colorado or the US Army Corps of Engineers.
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, USR18-0057, for a greater than 12 -inch
high pressure natural gas pipeline (16 -inch high pressure natural gas pipeline) 4.47 miles 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:
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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 USR18-0057.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) County Road 70 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 the right-of-way. This road is
maintained by Weld County.
5) County Road 72 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 the right-of-way. This road is
maintained by Weld County.
6) County Road 66 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 the future right-of-
way. This road is maintained by Weld County.
7) 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.
8) The applicant shall show the approved Colorado Department of
Transportation (CDOT) and Weld County accesses on the map and
label with the approved Access Permit numbers.
9) 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.
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10) The applicant shall 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.
2. Upon completion of Condition of Approval #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. If more than one (1) acre is to be disturbed for construction of non -pipeline
items, a Weld County Grading Permit will be required.
B. The approved access and tracking control shall be constructed prior to
construction of the pipeline.
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. Any improvements or new construction in the floodplain will require a Flood
Hazard Development Permit.
E. 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.
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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
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 26th day of September, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: da0/14A) ; ok,
Weld County Clerk to the Board
County Attorney
Date of signature: 1Olto/ (8'
Stev Moreno, Chair
Mike Freeman
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DCP OPERATING COMPANY, LP
USR18-0057
1. The Site -Specific Development Plan and Use by Special Review Permit, USR18-0057, is
for a greater than 12 -inch high pressure natural gas pipeline (16 -inch High Pressure
Natural Gas Pipeline) approximately 4.47 miles in length 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. 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 operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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 of the
Colorado Department of Public Health and Environment, as applicable.
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 right-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 onsite will be maintained.
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 -1535E effective date January 20,
2016 (Lone Tree Creek Floodplain). Any development shall comply with all applicable
Weld County requirements, Colorado Water Conservation 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 development is any man-made change to improved or unimproved real estate,
including by not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations, or storage of equipment and materials.
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.
22. 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
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Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be
required or an Open Hole 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 activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
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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