HomeMy WebLinkAbout20181315.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Tom Cope, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT:
PLANNER.
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR18-0007
DISCOVERY DJ SERVICES, LLC
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A
GREATER THAN 12 -INCH HIGH PRESSURE NATURAL GAS PIPELINE
APPROXIMATELY 14 MILES LONG (20 -INCH NATURAL GAS PIPELINE) IN THE
A (AGRICULTURAL) ZONE DISTRICT
THE PIPELINE WILL CROSS SECTION 4, T1 N, R65W; SECTIONS 2, 3, 10, 15,
22, 27, 28, AND 33 IN T2N, R65W; SECTIONS 25. 35, AND 36 IN T3N. R65W;
SECTION 7, 12, 18, 19, AND 30 IN T3N, R64W OF THE 6TH P.M., WELD
COUNTY. COLORADO.
GENERALLY LOCATED NORTH OF CR 12; EAST OF CR 41; SOUTH OF CR 36
AND WEST OF CR 51.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the
Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-
480 of the Weld County Code as follows:
A. Section 23-2-480.A.1 — All reasonable efforts have been made to avoid irrigated cropland or to
minimize the negative impacts on agricultural uses and lands.
Section 22-5-100.A.1 O.G. Policy 1.1 The County should encourage cooperation, coordination and
communication between the surface owner and the mineral owner/operations with respect to any
developments of either the surface or the mineral estate.
The Milton North Gas Pipeline is surrounded by land uses primarily associated with the Agriculture
Zone. Land uses near the pipeline include existing oil and gas facilities including other pipelines,
existing agricultural facilities, and a few existing residential properties. Residential properties
surrounding the pipeline are sparsely distributed and consist mainly of range homes and large lot
single family homes. Other than County roads, the pipeline will not travel through or underneath any
significant structure. Discovery DJ Services, LLC (Discovery) will agree to an easement with each
property owner that the pipeline crosses in order to ensure that the pipeline is compatible with the
land the pipeline crosses. By agreeing to an easement with each landowner Discovery is committed
to working with all landowners along the pipeline route to ensure that the pipeline will not adversely
impact any property along the route.
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 offsite. Discovery 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, floodplains and agricultural
lands. The selected route is sited on plowed fields and pivot irrigation systems.
B. Section 23-2-480.A.2 — The pipeline will not have an undue adverse effect on existing and future
development of the surrounding area. as set forth in applicable Master Plans.
The pipeline is located within the 3 -mile referral area of the City of Fort Lupton, Towns of Hudson and
Keenesburg. The City of Fort Lupton returned a referral dated February 22, 2018 indicating no
concerns and the Towns of Hudson and Keenesburg did not respond.
C. Section 23-2-480.A.3 — The design of the proposed pipeline mitigates negative impacts on the
surrounding area to the greatest extent feasible
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DISCOVERY DJ SERVICES, LLC
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The applicant indicates that many private easements (rights -of -way without fee ownership) have been
negotiated for the pipeline with private land owners, whereas any alternative alignments would require
new easements to be negotiated and involve crossings that may result in greater environmental
impacts in certain locations. The preferred pipeline route minimizes environmental surface impacts.
D. Section 23-2-480.A.4 — 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 23-2-480.A.5 -- 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 applicant has proposed a number of measures to mitigate impacts from the pipeline including the
boring beneath County roads to avoid damage to the road surface or disruption to traffic flow; if
surface waterbodies will be crossed by the pipeline either by boring beneath the bed of the waterbody,
or by utilizing an open -cut crossing method. If the open -cut crossing method is used, BMPs will be
installed to protect the waterbody from erosion or sediment runoff; tracking pads will be utilized where
heavy equipment is required to cross roads to prevent damage to the road surface; topsoil will be
segregated from subsoil during grading activities.
All pipelines will be compliant with the Department of Transportation (DOT) requirements. Per this
standard, pipelines are required to have a minimum of 30 -inches of cover and in many locations there
will be a minimum of 36 -inches 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 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 then 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.
The transportation of natural gas via pipeline is generally safer than other potential modes of
transport. There is some small risk of an accident in which the integrity of the pipeline may be
compromised resulting in a release of natural gas or natural gas liquids. Wet natural gas contains
condensed forms of heavier natural gas liquids and produced water and is considered both flammable
and combustible. Dry natural gas is a clean burning fuel source, also considered both flammable and
combustible.
In general, signs of a pipeline leak, include dead or discolored vegetation that is otherwise green
along the pipeline right-of-way, along with pools of liquid or clouds of vapor or mist not usually
present.
Discovery will clearly mark the pipeline centerline with markers placed at line of site intervals and at all
road and canal crossings. The markers will clearly identify the 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. In the event of an emergency, a call to the number on these markers will
go to Discovery operations and control center that is staffed 24 hours / day, 7 days / week by trained
operators, qualified in both the day-to-day operation of the respective pipelines and associated
facilities, and in emergency response procedures. These operators will also have the ability to
monitor the operation of the pipeline system through a Supervisory Control and Data Acquisition
("SCADA") system. Through the SCADA system, operators will be able to see key parameters
associated with the operation of the respective pipelines, including pressure, temperature, and flow
rate. In the event that these parameters, or other critically identified criteria fall outside of pre-
RESOLUTION USR18-0007
DISCOVERY DJ SERVICES, LLC
PAGE 3
determined normal operating allowances, the SCADA system will raise warnings of potential
operational upsets or pending emergency conditions, providing the operator with time to make
corrections, if possible, to the system operation in order to clear the warning. In the event that the
specified parameters, or critically identified criteria reach pre -determined set points within the system
operation, the SCADA system will alarm.
Upon notification of an emergency, either through the public emergency call number, SCADA system,
operator inspection and training, or other originating source, Discovery will have the ability to isolate
the respective pipelines by closing remotely operated valves in the natural gas pipeline, isolate any
potential fuel source and mitigate propagation of the emergency situation. Depending upon the
nature of the emergency, local emergency responders would be notified, and Discovery would
implement their internal safety response procedures, including dispatching trained personnel to the
site of the emergency.
Section 23-2-480.A.6 — All reasonable alternatives to the proposal have been adequately assessed,
and the proposed action is consistent with the best interests of the people of the County and
represents a balanced use of resources in the affected area.
The applicant reviewed alternative pipeline locations. The preferred route utilizes a pipeline right-of-
way corridor negotiated through agreements with private property owners. The applicant has not
proposed alternatives for this pipeline as the alignment and rights -of -way were negotiated and
acquired with willing property owners.
G. Section 23-2-480.A.7 — The nature and location or expansion of the pipeline will not unreasonably
interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife
species, unique natural resource, known historic landmark or archaeological site within the affected
area.
A Desktop Environmental Review and Cultural Review was prepared by SWCA Environmental
Consultants dated September 2017 for the West Milton Pipeline project route for a specific site
assessment of the biological, aquatic and cultural resources adjacent to the proposed pipeline route.
The purpose of this review was to identify any significant natural or cultural resource constraints or
risks associated with the development of the pipelines. Colorado Parks and Wildlife returned a
referral date January 6, 2018 indicating no conflict with their interests and History Colorado did not
return a referral response.
H. Section 23-2-480.A.8 — 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, per the
Department of Planning Services, engineering review stated a drainage plan will be not be required
for 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 health, safety, and welfare of the inhabitants of the
neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
Prior to recording the map:
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DISCOVERY DJ SERVICES, LLC
PAGE 4
A. A copy of the signed and recorded (construction and post -construction) lease agreements (or other
acceptable authorization from property owner) for pipeline right-of-way (easements) shall be
submitted to the Department of Planning Services. (Department of Planning Services)
B. An Improvements and Road Maintenance Agreement is required for off -site improvements at this
location during the construction of the pipeline. Road maintenance may include dust control, tracking
control, damage repair attributable to construction of the pipeline and located within one-half mile of
any construction access point for the project. The agreement shall ensure the pipeline operator bears
the risks of defects related to the pipeline on County Highway 49. (Department of Public Works)
C. The applicant shall attempt to address the requirements of the Farmers Reservoir and Irrigation
Company (FRICO), requirements as stated in their referral dated February 27, 2018. A copy of the
signed pipeline crossing agreement/easement or a letter indicating no agreement is necessary shall
be submitted to the Department of Planning Services. (Department of Planning Services)
D. A Flood Hazard Development Permit (FHDP) is required to be submitted and approved for any
development in the floodplain. (Department of Planning Services - Floodplain)
E. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0007 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-520 of the Weld County Code.
(Department of Planning Services)
4. The final location of the permanent gas pipeline easement with dimension of permanent
easement, property ownership, parcel number, and all easements of record. (Department of
Planning Services)
5. 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. Weld County is
currently in the process of widening this corridor. The alignment of the road widening project
varies along the section line for the corridor. Contact Public Works for the location of the existing
and future right-of-way and easements and delineate these on the site plan. (Department of
Public Works)
6. County Road 34 is a paved road and is designated on the Weld County Functional Classification
Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the future and existing right-of-way. All setbacks shall be measured
from the edge of future right-of-way. This road is maintained by Weld County. (Department of
Public Works)
7. County Road 32 is a gravel road and is designated on the Weld County Functional Classification
Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge
of right-of-way. This road is maintained by Weld County. (Department of Public Works)
8. County Road 30 Section Line is shown to have 30 feet of unmaintained section line right-of-way
per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-way
on the site plan. All setbacks shall be measured from the edge of right-of-way. (Department of
Public Works)
9. County Road 28 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
RESOLUTION USR18-0007
DISCOVERY DJ SERVICES, LLC
PAGE 5
on the site plan. All setbacks shall be measured from the edge of right-of-way. (Department of
Public Works)
10. County Road 47 Section Line is shown to have 30 feet of unmaintained section line right-of-way
per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-way
on the site plan. All setbacks shall be measured from the edge of right-of-way. (Department of
Public Works)
11. County Road 26 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 right-of-way. (Department of
Public Works)
12. County Road 24 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 right-of-way. (Department of
Public Works).
13. County Road 45 Section Line is shown to have 30 feet of unmaintained section line right-of-way
per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-way
on the site plan. All setbacks shall be measured from the edge of right-of-way. (Department of
Public Works)
14. County Road 43 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 right-of-way. (Department of
Public Works)
15. County Road 22 is a paved road and is designated on the Weld County Functional Classification
Map as an arterial road which requires 140 feet of right-of-way at full buildout. The applicant shall
delineate on the site plan the future and existing right-of-way. All setbacks shall be measured
from the edge of future right-of-way. This road is maintained by Weld County. (Department of
Public Works)
16. County Road 20 Section Line is shown to have 30 feet of unmaintained section line right-of-way
per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-way
on the site plan. All setbacks shall be measured from the edge of right-of-way. (Department of
Public Works)
17. County Road 18 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 right-of-way. (Department of
Public Works)
18. County Road 16 Section Line is shown to have 30 feet of unmaintained section line right-of-way
per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-way
on the site plan. All setbacks shall be measured from the edge of right-of-way. (Department of
Public Works)
19. County Road 14 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 right-of-way. (Department of
Public Works)
20. Show and label the approved access locations on the site plan. The applicant must obtain an
access permit in the approved location(s) prior to construction. (Department of Public Works)
21. Show and label the section line Right -of -Way as "CR 30 Section Line Right -Of -Way, not County
RESOLUTION USR18-0007
DISCOVERY DJ SERVICES, LLC
PAGE 6
maintained." (Department of Public Works)
22. Show and label the section line Right -of -Way as "CR 28 Section Line Right -Of -Way, not County
maintained." (Department of Public Works)
23. Show and label the section line Right -of -Way as "CR 47 Section Line Right -Of -Way, not County
maintained." (Department of Public Works)
24. Show and label the section line Right -of -Way as -CR 26 Section Line Right -Of -Way, not County
maintained." (Department of Public Works)
25. Show and label the section line Right -of -Way as "CR 24 Section Line Right -Of -Way, not County
maintained.' (Department of Public Works)
26. Show and label the section line Right -of -Way as "CR 45 Section Line Right -Of -Way, not County
maintained.' (Department of Public Works)
27. Show and label the section line Right -of -Way as "CR 43 Section Line Right -Of -Way. not County
maintained." (Department of Public Works)
28. Show and label the section line Right -of -Way as "CR 20 Section Line Right -Of -Way, not County
maintained." (Department of Public Works)
29. Show and label the section line Right -of -Way as "CR 18 Section Line Right -Of -Way. not County
maintained.' (Department of Public Works)
30. Show and label the section line Right -of -Way as "CR 16 Section Line Right -Of -Way. not County
maintained.' (Department of Public Works)
31. Show and label the section line Right -of -Way as "CR 14 Section Line Right -Of -Way. not County
maintained.' (Department of Public Works)
32. Show -and -label the approved mess locations on the
Planning Services)
33. The maps ated- a -show detail
e right-of-way, this shalt be notated
with the Dev . (Department of Plan -Ring Services)
34. Show and label all recorded easements on the map by book and page number or reception
number and date on the plan (Department of Planning Services)
35. Show the floodplain and floodway (if applicable) boundaries on the map. Label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study.
(Department of Planning Services - Floodplain)
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. (Department of Planning Services)
In accordance with Weld County Code Ordinance #2012-3, approved April 30. 2012. should the map not
RESOLUTION USR18-0007
DISCOVERY DJ SERVICES, LLC
PAGE 7
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 added for each additional three
(3) month period. (Department of Planning Services)
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(aco.weld.co.us. (Department of
Planning Services)
5. Prior to Construction:
A. If the applicant will be disturbing more than an acre for non -pipeline items, a Weld County Grading
Permit is required prior to construction. (Department of Public Works)
B. The approved access and tracking control shall be constructed prior to construction of the pipeline.
(Department of Public Works)
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. (Department of Public Works)
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 signed
evidence of acceptance to the Department of Planning Services. (Department of Planning Services)
7. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued
on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld
County Clerk and Recorder or the applicant has been approved for an early release agreement.
(Department of Planning Services)
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Motion seconded by Gene Stille.
VOTE:
For Passage
Bruce Sparrow
Jordan Jemiola
Michael Wailes
Terry Cross
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Against Passage Absent
Bruce Johnson
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on April 17, 2018.
Dated the 17th of April, 2018
Kristine Ranslem
Secretary
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DISCOVERY DJ SERVICES, LLC
PAGE 9
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Discovery DJ Services, LLC
Milton North Natural Gas Pipeline
USR18-0007
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0007 for a greater than 12 -
inch high pressure natural gas pipeline approximately seventeen (17) miles long (20 -inch natural gas
pipeline) originating at the intersection of County Roads 49 and 36 and terminating at the Milton -Hudson
interconnect site approximately 0.5 miles east of County Road 41 and State Highway 52 intersection) in
the A (Agricultural) Zone District, subject to the Development Standards stated hereon. (Department of
Planning Services)
2 Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3. The 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. (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. (Department of Public Works)
5 The access to the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Department of Public Works)
6. There shall be no parking or staging of vehicles on public roads during construction. On -site parking shall
be utilized. (Department of Public Works)
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. (Department of Public Works)
an arterial road shaltlevation -for-a
be 15 feet below the lowest roadside ditch fl-owtine elevation. (Department of Public Works)
9. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be the
responsibility of Weld County. (Department of Public Works)
10. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
11. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
12. Any oil and gas pipeline crossing an arterial road shall be bored a minimum of twenty (20) feet below
arterial roads. fifteen (15) feet below collector and paved local roads, and ten (10) feet below gravel local
roads. This depth shall be measured below the lowest roadside ditch flowing elevation, for the full width of
the future right-of-way. (Department of Public Works)
13. Any damage occurring to the right-of-way. caused by the pipeline. will be the responsibility of the operator.
(Department of Public Works)
14. With the exception of perpendicular crossings, oil and gas pipelines, are not to be located within Weld
County right-of-way. (Department of Public Works)
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15. 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 2014
National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted
for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection. (Department of Building Inspection)
16. Any damage incurred to the right-of-way related to the pipeline will be the responsibility of the operator.
(Department of Planning Services)
17. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5,
C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and
groundwater contamination, during construction. (Department of Public Health and Environment)
18. No permanent disposal of wastes shall be permitted at this site, during construction. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes
Disposal Sites and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
19. During construction, waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The
facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of
Public Health and Environment)
20. Fugitive dust and fugitive particulate emissions shall be controlled along the construction route. Uses on
the property should comply with the Colorado Air Quality Commission's air quality regulations.
(Department of Public Health and Environment)
21. Adequate toilet facilities and handwashing units shall be provided during construction of the project.
Portable toilets are acceptable. Portable toilets shall be serviced by a cleaner licensed in Weld County
and shall contain hand sanitizers. (Department of Public Health and Environment)
22. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and
the Weld County Code. (Department of Public Health and Environment)
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.
19. During construction, 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.
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 -1975E effective date January 20, 2016 (Box Elder 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. (Department of Planning Services —
Floodplain)
21. 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
RESOLUTION USR18-0007
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PAGE 11
Standards are permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
22. 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.
23. 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 person moving into these areas
must recognize the various impacts associated with this development. Often times, 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.
24. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in
the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there are
drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than
in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural
areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere
and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities
will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on
rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement,
silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities;
shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields,
including the use of aerial spraying. It is common practice for agricultural producers to utilize an
accumulation of agricultural machinery and supplies to assist in their agricultural operations. A
concentration of miscellaneous agricultural materials often produces a visual disparity between rural and
urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume
that ditches and reservoirs may simply be moved "out of the way" of residential development. When
moving to the County, property owners and residents must realize they cannot take water from irrigation
ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and
county roads outside of municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols of the County,
and the distances which must be traveled may delay all emergency responses, including law enforcement,
ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and
families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not
provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads
from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in
rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by
RESOLUTION USR18-0007
DISCOVERY DJ SERVICES, LLC
PAGE 12
necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open
burning present real threats. Controlling children's activities is important, not only for their safety, but also
for the protection of the farmer's livelihood.
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, April 17, 2018
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room. 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Terry Cross, at 12:30 pm.
Roll Call.
Present: Bruce Sparrow, Gene Stille, Jordan Jemiola, Michael Wailes, Terry Cross, Tom Cope, Lonnie
Ford, Richard Beck.
Absent: Bruce Johnson.
Also Present: Kim Ogle and Michael Hall, Department of Planning Services; Lauren Light and Ben Frissell,
Department of Health; Evan Pinkham and Hayley Balzano, Public Works; Bob Choate, County Attorney,
and Kris Ranslem, Secretary.
CASE NUMBER:
APPLICANT:
PLANNER
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
U S R 18-0007
DISCOVERY DJ SERVICES, LLC
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
A GREATER THAN 12 -INCH HIGH PRESSURE NATURAL GAS PIPELINE
APPROXIMATELY 14 MILES LONG (20 -INCH NATURAL GAS PIPELINE) IN
THE A (AGRICULTURAL) ZONE DISTRICT
THE PIPELINE WILL CROSS SECTION 4, T1 N, R65W; SECTIONS 2, 3, 10, 15,
22, 27. 28. AND 33 IN T2N. R65W; SECTIONS 25, 35. AND 36 IN T3N, R65W;
SECTION 7, 12, 18. 19, AND 30 IN T3N. R64W OF THE 6TH P.M.. WELD
COUNTY COLORADO.
GENERALLY LOCATED NORTH OF CR 12; EAST OF CR 41; SOUTH OF CR 36
AND WEST OF CR 51.
Kim Ogle, Planning Services, presented Case USR18-0007, reading the recommendation and comments
into the record. The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Hayley Balzano, Public Works, reported on the classification of the roads which will be crossed by this
proposed pipeline. Additionally, she reviewed the access to the site, tracking control and the required Road
Maintenance Agreement.
Ms. Balzano requested the removal of Condition of Approval 1.E.32 as it is duplicated in Condition of
Approval 1.E.20 and removing Condition of Approval 1.E.33 and replace it with a proposed development
standard.
Ms. Balzano also requested the removal of Development Standard 8 and the addition of three development
standards: 1) Any oil and gas pipeline crossing an arterial road shall be bored a minimum of twenty (20)
feet below arterial roads, fifteen (15) feet below collector and paved local roads, and ten (10) feet below
gravel local roads. This depth shall be measured below the lowest roadside ditch flowing elevation, for the
full width of the future right-of-way, 2) Any damage occurring to the right-of-way, caused by the pipeline,
will be the responsibility of the operator, and 3) With the exception of perpendicular crossings, oil and gas
pipelines, are not to be located within Weld County right-of-way.
Ben Frissell, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
Lito White, Discovery DJ Services, LLC, 540 East Burch Street, Brighton, Colorado, stated Discovery DJ
Services is proposing a 20 -inch natural gas pipeline approximately 16 miles in length. The pipeline will
originate at County Road 49 and County Road 36 and will terminate 0.5 miles east of the intersection of
State Highway 52 and County Road 41.
1
Mr. White stated that the pipeline is monitored 24/7 and will provide any reports of leak detection, line
balancing, pressure monitoring and cleaning. He added that automatic shutdown of the facility is also
available and routine inspections are performed on the system regularly.
Commissioner Cope referred to Mr. White's comment of sharing the easement with other pipelines and
asked what distance they will be from the other pipelines. Mr. White said that the other pipelines are
Discovery DJ Services and is a 30 -foot right-of-way. He added that they try to keep 8 to 10 feet distance
between pipelines.
Commissioner Wailes asked how far along they are with securing the easements. Mr. White replied that
they are closing in on 100 percent.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Pam Nichols Kretzer, 21480 CR 43, Hudson, Colorado, stated that Discovery DJ Services had put a pipeline
through her property and when they came through the property they were to clean a row of trees up and
not to remove any live trees. However, the dead trees that were taken out were pushed to the side and not
cleaned up. She added that where the pipeline came through there was an old house basement that they
agreed to haul off everything; however, they piled up the dirt and cement on her property.
Mr. White said he was not made aware of these issues and would like to learn more about it. He added
that he would like to visit with Ms. Nichols Kretzer.
The Chair referred to the requested changes to the Staff Report.
Motion: Amend the Staff Report, as stated in the Memorandum, Moved by Tom Cope, Seconded by
Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Sparrow, Gene Stille, Jordan Jemiola, Lonnie Ford, Michael Wailes, Richard Beck, Terry Cross,
Tom Cope.
Motion: Delete Development Standard 8, as recommended by Staff, Moved by Michael Wailes,
Seconded by Tom Cope.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Sparrow, Gene Stille, Jordan Jemiola, Lonnie Ford, Michael Wailes, Richard Beck, Terry Cross,
Tom Cope.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Commissioner Stille and Commissioner Cope recommended that the applicant visit with the surrounding
property owner to resolve her issues prior to the Board of County Commissioners hearing.
Motion: Forward Case USR18-0007 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Tom Cope, Seconded by Gene Stille.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Sparrow, Gene Stifle, Jordan Jemiola, Lonnie Ford, Michael Wailes, Richard Beck, Terry Cross,
Tom Cope.
Meeting adjourned at 4:10 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
2
ATTENDANCE RECORD
NAME
ADDRESS
John Doe
123 Nowhere Street, City, State, Zip
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