HomeMy WebLinkAbout20183601.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Kim Ogle Hearing Date: October 16, 2018
Case Number: USR18-0080
Applicants: NWC Development, LLC, 5956 Sherry Lane, Suite 825, Dallas, Texas 75225
do Anne Johnson, Tetra Tech, 1560 Broadway, Suite 1400, Denver, Colorado 80202
Request:
Legal
Description:
A Site Specific Development Plan and Use by Special Review Permit for a greater
than 12 -inch high pressure natural gas pipeline approximately thirty (30) miles in
length, (2 -20 -inch natural gas pipelines) originating north of New Liberty Road and east
of County Road 15 within the Town limits of Windsor and terminating south of the
intersection of County Road 92 and west of County Road 31 within the Town limits of
Pierce. These pipelines will also cross into the Town of Severance. Lands within Weld
County crossed by the pipeline are in the A (Agricultural) Zone District.
The pipeline will cross multiple sections including Sections 20, 21, 28, 29, 32, Township
8 Range 66W; Sections 5, 7, 8, 18, 19, 30, 31, Township 7 Range 66W; Section 6 and
7, Township 6 Range 66W; Sections 1, 12, 13, 14, 23, 26, 29, 30, 31, 32, 34, 35
Township 6 Range 67W and Sections 3, 4, 5, Township 5 Range 67 West of the 6th
P.M., Weld County, CO
Location: Generally located south of County Road 92; west of County Road 31; north of County
Road 60 and east of County Road 13
Size of Parcel:
+1- 109 acres, Operating Easement Parcel No.'s Multiple
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
V V V
V V V V V
Weld County Department of Planning — Floodplain, referral dated August 15, 2018
Town of Severance, referral dated August 28, 2018
Weld County Department of Public Health and Environment, referral dated September 5, 2018
Miles Lateral Irrigation, referral dated September 5, 2018
Eaton Ditch, referral dated September 6, 2018
Town of Windsor, referral dated September 6, 2018
Larimer & Weld Reservoir Company, referral dated September 6, 2018
Larimer & Weld Irrigation Company, referral dated September 6, 2018
Water Supply & Storage Company, referral dated September 7, 2018
Pierce Lateral Ditch, referral dated September 7, 2018
Greeley No. 2 Canal, referral dated September 7, 2018
Whitney Ditch, referral dated September 7, 2018
Weld County Department of Public Works, referral dated September 7, 2018
Colorado Parks & Wildlife, referral dated September 14, 2018
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The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Farm Services Agency — Conservation Reserve Program, referral dated August 10, 2018
y Weld County Department of Planning Zoning Compliance, referral dated August 14, 2018
y Town of Pierce, referral dated August 20, 2018
y City of Greeley, referral dated August 30, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
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Weld County Department of Emergency Management
Tri-State Generation and Transmission Association
Windsor -Severance Fire Protection District
Colorado Department of Transportation
Western Area Power Administration
North Weld County Water District
US Army — Corps of Engineers
Eaton Fire Protection District
Nunn Fire Protection District
Ault Fire Protection District
Public Service of Colorado
Great Western Railway
Weld County Sheriff
Collins Lateral Ditch
History Colorado
Larimer County
Town of Eaton
Town of Ault
Poudre Trail
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Kim Ogle Hearing Date: October 16, 2018
Case Number: USR18-0080
Applicants: NWC Development, LLC, 5956 Sherry Lane, Suite 825, Dallas, Texas 75225
do Anne Johnson, Tetra Tech, 1560 Broadway, Suite 1400, Denver, Colorado 80202
Request:
Legal
Description:
A Site Specific Development Plan and Use by Special Review Permit for a greater than
12 -inch high pressure natural gas pipeline approximately thirty (30) miles in length, (2-
20 -inch natural gas pipelines) originating north of New Liberty Road and east of County
Road 15 within the Town limits of Windsor and terminating south of the intersection of
County Road 92 and west of County Road 31 within the Town Limits of Pierce. These
pipelines will also cross into the Town of Severance. Lands within Weld County
crossed by the pipeline are in the A (Agricultural) Zone District.
The pipeline will cross multiple sections including Sections 20, 21, 28, 29, 32, Township
8 Range 66W; Sections 5, 7, 8, 18, 19, 30, 31, Township 7 Range 66W; Section 6 and
7, Township 6 Range 66W; Sections 1, 12, 13, 14, 23, 26, 29, 30, 31, 32, 34, 35
Township 6 Range 67W and Sections 3, 4, 5, Township 5 Range 67 West of the 6th
P.M., Weld County, CO
Location: Generally located south of County Road 92; west of County Road 31; north of County
Road 60 and east of County Road 13
Size of Parcel:
Case Summary:
+1- 109 acres, Operating Easement Parcel No.'s Multiple
As NWC Development, LLC (NWC) continues to expand its Weld County footprint there is a need for
increased infrastructure to gather, process, and distribute the natural gas by means other than trucking.
Under this permit, NWC proposes a project to construct, own and operate a 30 -mile high pressure natural
gas pipeline called the Pierce Trunk and Raindance lateral pipeline. The pipeline will originate on lands
south and east of Windsor, Colorado and terminate at the proposed REP Natural Gas Processing Facility,
northwest of Pierce, Colorado. The proposed Compressor Station [USR18-0090] associated with this
pipeline is currently in review. The addition of this pipeline will accommodate NWC Development, LLCs
pipeline development in Weld County.
The preferred route pipeline will cross County Roads 23, 25, 27, 29, 70, 72, 74, 76, 78, 80, 84, 86, & 88
and two Colorado State Highways, and the pipeline is planned to cross FEMA designated floodplains.
Appropriate permits from Public Works for crossing right-of-way and Planning Services for the floodplain
will be obtained prior to construction. A permanent easement that is thirty (30) feet in width would be
obtained to accommodate the gas pipeline being permitted under this USR application. Smart pig and
conventional pig launchers and receivers will be located within the permanent easement at industry standard
intervals for monitoring the maintenance and integrity of the pipeline.
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The preferred route is approximately 30 miles long. During construction of the pipeline, a 75 -foot strip of
land along the alignment will be disturbed and then reclaimed following installation. NWC has acquired a
permanent easement along the pipeline route, the width of which is a 30 -foot (109 +/- acres) easement.
The route bypasses the more populated areas of unincorporated Weld County with a lesser impact to
existing encumbrances and residential areas and was deemed to be the most direct and will be placed
on properties owned by landowners who have granted easements.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services' staff 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.
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. NWC indicates that they will repair and/or replace
any facilities damaged or removed during the placement of the pipeline. The pipeline route
minimizes environmental impacts such as wetland areas, water bodies and agricultural lands.
The pipeline route is sited on plowed fields and irrigated lands and will be bored under all FEMA
designated Floodplains.
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 Towns of Ault, Eaton, Severance,
Pierce and Windsor, the City of Greeley and Larimer County. The Town of Pierce returned a
referral dated August 20 indicating no concerns, The Town of Severance returned a referral dated
August 28, 2018 requesting all pipelines be located outside of Town right-of-way except at
perpendicular crossings which would be approved through the standards ROW Permit application
and approval process. The City of Greeley returned a referral dated August 30, 2018 indicating
no conflict with their interests. All other municipalities and Larimer County did not return a referral
response.
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.
The applicant indicates that many private easements (rights -of -way without Fee ownership) have
been negotiated for the pipeline with private land owners. The pipeline route minimizes
environmental surface impacts. The pipeline will cross under the County maintained roads and
FEMA designated floodplains. In a referral received from the Weld County Floodplain planner
dated August 15, 2018, the applicant shall submit a floodplain permit prior to installing the
pipeline and delineate the floodplain and floodway (if applicable) boundaries on the map.
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
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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.
NWC will clearly mark the pipeline centerline with markers placed at line of site intervals and at all
road 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. NWC also participates in the Colorado "One Call" system, which serves
as a clearinghouse for excavation activities that are planned close to pipelines and other
underground utilities.
Each respective pipeline centerline will be clearly identified with markers placed at line -of- sight
intervals and at all road crossings. These markers will clearly identify NWC as the owner /
operator, provide a telephone number and address where a company representative can be
reached in an emergency. In the event of an emergency, a call to the number on these markers
will go to NWC 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
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fall outside of pre -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, NWC 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 NWC
would implement their internal safety response procedures, including dispatching trained
personnel to the site of the emergency.
F. 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 route is surrounded by land uses primarily associated with the Agriculture Zone District. 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 large lot single family homes. Other
than County roads, the pipeline will not travel through or underneath any significant structures.
NWC will agree to an easement with each property owner that the pipeline crosses to ensure that
the pipeline is compatible with the property owner's plans for their property. By agreeing to an
easement with each landowner, NWC has committed to working with all landowners along the
pipeline route to ensure that the pipeline will not adversely impact any property.
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 Memorandum of ongoing natural and cultural resources dated July 3, 2018 prepared by
Transect LLC, Consultants address the following federal and state regulations:
Clean Water Act (CWA) Section 404, the Endangered Species Act (ESA), the Migratory Bird
Treaty Act (MBTA), the Bald and Golden Eagle Protection Act, the National Historic Preservation
Act (NHPA), and Colorado protected species. The project intersects various railroad lines,
irrigation ditches/canals, and other linear cultural resources. In Colorado, and according to the
Colorado State Historic Preservation Office (SHPO) for purposes of Section 106 of the NHPA, if
an entire linear resource is not recorded, then by default the entire resource is considered to be
eligible for listing in the NRHP. Because railroads and ditches typically retain sufficient historical
integrity, the segments are treated as eligible resources and any alteration of the linear resource
is likely to be viewed by SHPO as adverse. In order to avoid impacts to these resources, the
pipeline will be bored underneath all potentially eligible railroads, ditches, and other surface linear
cultural resources.. 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 and History Colorado did not return a referral response indicating a conflict with their
interests.
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.
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The applicant will be required to maintain historic flow patterns and runoff amounts, per the
Department of Public Works review. Pipelines are excepted from the requirements of a drainage
report and detention pond design under 23-12-30.F.1.a.5 for pipelines or transmission lines.
NWC 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 Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the map:
A. A Road Maintenance Agreement is required during the construction of the pipeline. Road
maintenance may include dust control, tracking control, damage repair attributable to construction
of the pipeline and located within 1/2 mile of any construction access point for the project.
(Department of Public Works)
B. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0080 (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, all easements of record, and all physical
encumbrances. (Department of Planning Services)
5. County Roads 25, 27, 70, 72, 76, 78, 80, 84, 86, & 88 are gravel roads and are designated
on the Weld County Functional Classification Map as local roads 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. These roads are
maintained by Weld County. (Department of Public Works)
6. County Road 23 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 right-of-way. This road is maintained by Weld County.
(Department of Public Works)
7. County Road 29 is designated on the Weld County Functional Classification Map as an
arterial road, which in this location requires 100 feet of right-of-way. If the right-of-way cannot
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be verified it shall be dedicated. All setbacks shall be measured from the edge of future right-
of-way. (Department of Public Works)
8. 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. (Department of
Public Works)
9. Show and label the Central Weld County Water District crossing agreement reception
number for the subsurface water pipeline. (Department of Planning Services)
10. Show and label the Water Supply and Storage Company crossing agreement reception
number, as applicable. (Department of Planning Services)
11. Show and label the Pierce Lateral Ditch Company crossing agreement reception number, as
applicable. (Department of Planning Services)
12. Show and label the Whitney Ditch Company crossing agreement reception number, as
applicable. (Department of Planning Services)
13. Show and label the New Cache la Poudre Irrigating Company crossing agreement reception
number, as applicable. (Department of Planning Services)
14. Show and label the Miles Lateral Irrigation Company crossing agreement reception number,
as applicable. (Department of Planning Services)
15. Show and label the Larimer & Weld Reservoir Company crossing agreement reception
number, as applicable. (Department of Planning Services)
16. Show and label the Larimer & Weld Irrigation Company crossing agreement reception
number, as applicable. (Department of Planning Services)
17. 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)
18. 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)
19. Show and label the future right-of-way for all roads within the municipality of Severance.
(Town of Severance)
20. Show and label the future right-of-way for all roads within the municipality of Windsor. (Town
of Windsor)
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)
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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 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
mapsRco.weld.co.us. (Department of Planning Services)
5. Prior to Construction:
A. The approved access and tracking control shall be constructed prior to construction of the
pipeline. (Department of Public Works)
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. (Department of Public Works)
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. (Department of Public Works)
D. The applicant shall submit a Flood Hazard Development Permit for review and approval prior
to installing the pipeline or any improvements or new construction in the floodplain will require
a Flood Hazard Development Permit. (Department of Planning Services - Floodplain)
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.
(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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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
NWC Development LLC
USR18-0080
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0080, for a greater
than 12 -inch high pressure natural gas pipeline approximately thirty (30) miles in length, (2 -20 -inch
natural gas pipelines) originating north of New Liberty Road and east of County Road 15 within the
Town limits of Windsor and terminating south of the intersection of County Road 92 and west of
County Road 31 within the Town Limits of Pierce. These pipelines will also cross into the Town of
Severance. Lands within Weld County crossed by the pipeline are 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 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.
(Department of Planning Services)
4. The property owner shall control noxious weeds on the site. (Department of Public Works)
5. 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. (Department of Public Works)
6. During construction, there shall be no parking or staging of vehicles on public roads. On -site parking
will 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)
8. Any oil and gas pipeline crossing a county 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 flowline elevation, for the
full width of the future right of way. (Department of Public Works)
9. With exception of perpendicular crossings, oil and gas pipelines are not to be located within Weld
County right of way or future right of way. (Department of Public Works)
10. Any damage occurring to the County right-of-way or County maintained roadway, caused by the
pipeline, will be the responsibility of the operator. (Department of Public Works)
11. The historical flow patterns and runoff amounts on site will be maintained. (Department of Public
Works)
12. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the
following have been adopted by Weld County: 2012 International Codes, 2006 International Energy
Code, and 2017 National Electrical Code. A Building Permit Application must be completed and two
(2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado
registered engineer shall be required or an Open Hole Inspection. (Department of Building Inspection)
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13. Any improvements or new construction in the floodplain require a Flood Hazard Development Permit.
(Department of Planning Services - Floodplain)
14. 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 Maps. 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)
15. 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. (Department of Planning Services - Floodplain)
16. During construction, 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.
17. 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, 30-20-100.5, C.R.S.
18. 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.
19. 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.
20. 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.
21. 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, Colorado Department of Public
Health and Environment, as applicable.
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.
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
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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 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.
28. WELD COUNTY'S RIGHT TO FARM STATEMENT: 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,
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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 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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September 24, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
ANNE BEST JOHNSON
1900 S SUNSET ST STE 1E
LONGMONT CO 80501
Subject: USR18-0080 - A Site Specific Development Plan and Use by Special Review Permit for a
greater than 12 -inch high pressure natural gas pipeline approximately thirty (30) miles in length,
(2 -20 -inch natural gas pipelines) originating north of New Liberty Road and east of County Road 15
within the Town limits of Windsor and terminating south of the intersection of County Road 92 and
west of County Road 31 within the Town Limits of Pierce. These pipelines will also cross into the Town
of Severance. Lands within Weld County crossed by the pipeline are in the A (Agricultural) Zone District.
On parcel(s) of land described as:
THE PROPOSED PIPELINE WILL CROSS SECTIONS 20, 21, 28, 29, 32, T8N, R66W; SECTIONS 5,
7, 8, 18, 19, 30, 31, T7N, R66W; SETCTIONS 6 AND 7, T6N, R66W; SECTIONS 1, 12, 13, 14, 23, 26,
29, 30, 31, 32, 34, 35, T6N, R67W; SECTIONS 3, 4, 5 T5N, R67W of the 6th P.M., Weld County,
Colorado
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on October 16, 2018, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on November 14,
2018 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
Kim Ogle
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
August 09, 2018
ANNE BEST JOHNSON
1900 S SUNSET ST STE 1E
LONGMONT, CO 80501
Subject: USR18-0080 - A Site Specific Development Plan and Use by Special Review Permit for a
greater than 12 -inch high pressure natural gas pipeline (2 -20 -inch natural gas pipelines) approximately
thirty (30) miles in length, in the A (Agricultural) Zone District.
On parcel(s) of land described as:
THE PROPOSED PIPELINE WILL CROSS SECTIONS 20, 21, 28, 29, 32, T8N, R66W; SECTIONS 5,
7, 8, 18, 19, 30, 31, T7N, R66W; SETCTIONS 6 AND 7, T6N, R66W; SECTIONS 1, 12, 13, 14, 23, 26,
29, 30, 31, 32, 34, 35, T6N, R67W; SECTIONS 3, 4, 5 T5N, R67W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Ault at Phone Number 970-834-2844
Windsor at Phone Number 970-674-2400
Eaton at Phone Number 970-454-3338
Severance at Phone Number 970-686-1218
Pierce at Phone Number 970-834-2851
Greeley at Phone Number 970-350-9780
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
Kim Ogl
Planner
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