HomeMy WebLinkAbout20182907.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0056, FORA GREATER THAN 12 -INCH HIGH PRESSURE NATURAL
GAS PIPELINE (20 -INCH HIGH PRESSURE NATURAL GAS PIPELINE) 7.47 MILES 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 Ave., Greeley, Colorado 80631,
for a Site Specific Development Plan and Use by Special Review Permit, USR18-0056, for a
greater than 12 -inch high pressure natural gas pipeline (20 -inch high pressure natural gas
pipeline) 7.47 miles in the A (Agricultural) Zone District, on the following described real estate,
being more particularly described as follows:
The proposed pipeline crosses Section 36,
Township 6 North, Range 65 West; Section 1,
Township 5 North, Range 65 West; Sections 6, 7,
18, 19, 30 and 31, Township 5 North, Range 64
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
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surface layer once the pipeline is installed; install the pipeline in areas that
avoid impacting the operation of irrigation equipment; and, upon
completion of construction, the pipeline right-of-way 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, Conditions
of Approval, and Development Standards 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 23-2-490.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 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 per the referral
response dated July 3, 2018. No referral response has been received from
the Town of Kersey.
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 preferred pipeline route minimizes stream crossings and the impacts
to surrounding property owners is less than a shorter, more direct route.
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 -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 23-2-490.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;
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
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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. According to the application materials, the
preferred route was selected because it balances, environmental
sensitivity, operational efficiency, cost minimization and landowner
approval. The applicant considered another route that offered a shorter,
more direct route. However, this route required more stream crossings and
increased impacts to landowners.
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 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 in the referral response dated June 25, 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, USR18-0056, for a greater than 12 -inch
high pressure natural gas pipeline (20 -inch high pressure natural gas pipeline) 7.47 miles 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. The applicant shall attempt to address the requirements of the Irons Lateral
Ditch, as stated in the referral response dated June 18, 2018. Written
evidence of such shall be submitted to the Weld County Department of
Planning Services.
B. The applicant shall attempt to address the requirements of the Starr &
Westbrook P.C., on behalf of the Lower Latham Ditch Company, as stated
in the referral response dated July 2, 2018. Written evidence of such shall
be submitted to the Weld County Department of Planning Services.
C. The applicant shall attempt to address the requirements of the Farmer's
Reservoir and Irrigation Company (FRICO), as stated in the referral
response dated July 5, 2018. Written evidence of such shall be submitted
to the Weld County Department of Planning Services.
D. The applicant shall address the requirements of the Colorado Department
of Transportation (CDOT), as stated in the referral response dated June 13,
2018. Written evidence of such shall be submitted to the Weld County
Department of Planning Services.
E. 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.
F. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0056.
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 62.5 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 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
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shall be measured from the edge of the right-of-way. This road is
maintained by Weld County.
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 the right-of-way. This road is
maintained by Weld County.
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 the future
right-of-way. This road is maintained by Weld County.
8) County Road 58 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.
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 the future
right-of-way. This road is maintained by Weld County.
10) County 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 the right-of-way.
11) 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.
12) The applicant Shall show and label the section line Right -of -Way as
"CR 54 Section Line Right -of -Way, not County maintained."
13) 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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14) 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 maps@co.weld.co.us.
5. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to
construction of the pipeline.
B. 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.
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.
D. Any improvements or new construction in the floodplain will require a Flood
Hazard Development Permit.
E. A signed Road Maintenance Agreement is submitted to Public Works prior
to 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: ,dQtiLtiV G;
Weld County Clerk to the Board
AP
Date of signature: I
St e Moreno, Chair
Barbara Kirkmeyer, Pro -Tern
Sean P. Con
ike Freeman
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DCP OPERATING COMPANY, LP
USR18-0056
1. The Site -Specific Development Plan and Use by Special Review Permit,
USR18-0056, is for a Site -Specific Development Plan and Use by Special Review
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.
2. Approval of this plan may create a vested property right pursuant to
Section 23-8-10 of the Weld County Code.
3. 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.
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,
C.R.S. §30-20-100.5.
5. 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.
6. 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.
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.
8. The operation shall comply with all applicable rules and regulations of state and
federal agencies and the Weld County Code.
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. 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
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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.
11. 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.
12. 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.
13. During construction, there shall be no parking or staging of vehicles on public
roads. On -site parking will be utilized.
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.
15. Access will be along unmaintained County right-of-way and maintenance of the
right-of-way will not be the responsibility of Weld County.
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 the 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. 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 -
1561E, 1565E, and 1575E 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 but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation, drilling operations, or storage
of equipment and materials.
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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 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.
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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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