HomeMy WebLinkAbout20182913.tiffMEMORANDUM
TO: Chris Gathman, Planning Services
DATE: July 11, 2018
FROM: Evan Pinkham, Public Works
SUBJECT: USR18-0056 DCP
The Weld County Department of Public Works has reviewed this Use by Special Review Pipeline proposal.
Staff comments made during this phase of the application process may not be all-inclusive, as other issues
may arise during the remaining application process.
COMMENTS
GENERAL PROJECT INFORMATION/LOCATION
Project description: A Site -Specific Development Plan and Use by Special Review Permit for a 20 -inch
High Pressure Natural Gas Pipeline (7.47 miles in length) connecting the libsak booster station to the
O'Connor Gas Plant (1 MUSR16-12-1792) in the A (Agricultural) Zone District.
ACCESS
Per Chapter 12, Article 5, Section 12-5-30, an Access Permit is required for access to Weld County
maintained roadways. We strongly encourage you to discuss your access with Public Works prior to laying
out your site plan to ensure the approved accesses are compatible with your layout.
For new accesses and/or change of use of an existing access, the fee and photos are required (photo
looking left and right along roadway from the access point and looking in to and out of the access point).
These photos are used to evaluate the safety of the access location. Access permit instructions and
application can be found at https://www.weldgov.com/departments/public works/permits/. Chapter 6,
Sections 6.3, 6.4 and 6.5 of the Weld County Engineering and Construction Criteria offer access design
guidance, which can be accessed at: https://www.weldgov.com/departments/public works/engineering/.
ROADS AND RIGHTS -OF -WAY
County Road 54.25 is a paved road and is designated on the Weld County Functional Classification Map
(Code Ordinance 2017-01) as a(n) collector road, which requires 80 feet of right-of-way. The applicant shall
delineate on the site map or plat the future and existing right-of-way and the physical location of the road.
If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld
County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future
right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is
maintained by Weld County.
County Road 58 is a paved road and is designated on the Weld County Functional Classification Map (Code
Ordinance 2017-01) as a(n) collector road, which requires 80 feet of right-of-way. The applicant shall
delineate on the site map or plat the future and existing right-of-way and the physical location of the road.
If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld
County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future
right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is
maintained by Weld County.
County Road 60.5 is a paved road and is designated on the Weld County Functional Classification Map
(Code Ordinance 2017-01) as a(n) collector road, which requires 80 feet of right-of-way. The applicant shall
delineate on the site map or plat the future and existing right-of-way and the physical location of the road.
If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld
County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future
right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is
maintained by Weld County.
County Road 62.5 is a gravel road and is designated on the Weld County Functional Classification Map
(Code Ordinance 2017-01) as a(n) collector road, which requires 60 feet of right-of-way. The applicant shall
delineate on the site map or plat the future and existing right-of-way and the physical location of the road.
If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld
County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future
right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is
maintained by Weld County.
County Road 49 is a gravel road in some sections where the pipeline parallels, and a paved road in other
sections. It designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as
a(n) local road, which requires 60 feet of right-of-way. The applicant shall delineate on the site map or plat
the future and existing right-of-way and the physical location of the road. If the right-of-way cannot be
verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Chapter 23,
Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. Be aware
that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County.
County Road 54 is a section line road. Section line right-of-way does not exist in all sections in Weld County
and should be verified before a decision to utilize it is made. Weld County commonly refers to these
locations as "Non -Maintained Section Line Right -of -Way." The existence of a physical road does not imply
public right-of-way and the road may be located on private property. All right-of-way should be verified and
physical roads located in relationship to the public right-of-way to ensure trespassing does not occur. The
applicant shall verify the existing right-of-way and the documents creating the right-of-way and this
information shall be noted on the site plan or plat. The applicant shall delineate on the site map or plat the
existing right-of-way and physical location of existing or proposed roads. If the right-of-way cannot be
verified it shall be dedicated or an adequate easement between property owners shall be provided.
Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the
required setback is measured from the future right-of-way line. Be aware the physical roadway(s) may not
be centered in the right-of-way. This road is NOT maintained by Weld County.
The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses/ pipeline crossings
for state highways. Please contact Tim Bilobran at the Greeley office (970-350-2163) to verify the access
permit or for any additional requirements that may be needed. (State Highway 34)
Per Chapter 12, Article 4, Section 12-4-30.B, a Weld County Right -of -Way Use Permit is required for any
project that will be occupying, constructing or excavating facilities within, and/or encroaching upon, any
County rights -of -way or easement. Pipelines crossing a county road shall obtain a Right -of -Way Permit and
possibly a Special Transport Permit. Pipelines crossing county roads shall be bored, unless otherwise
approved by Public Works. Right -of -Way Use Permit instructions and application can be found at
https://www.weldgov.com/departments/publicworks/permits/.
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 flowline elevation, for the full width of the
future right of way.
Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate
existing utilities within the County right-of-way.
TRACKING CONTROL POLICY
Per Chapter 12, Appendix 12A.10.1, traffic volumes to the proposed facility may require the installation of
a tracking control device and/or a minimum of four inches of compacted recycled asphalt or aggregate road
base. Tracking control is required to prevent tracking from the site onto public roadways. Temporary
Tracking Control shall be used during construction unless permanent tracking control is installed ahead of
construction activities. Recycled concrete is not allowed in County right-of-way. Tracking control devices
can be double cattle guards or rip rap (6" washed rock). Tracking control for unmaintained public right-of-
way is required just prior to entering publicly maintained roadways. A variance request for alternatives to
the tracking control requirement can be submitted to Public Works for review and consideration.
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT
Public Works may require an Improvements Agreement for one or all the following reasons:
• Off -Site Public Improvements
• Road Maintenance Agreement
• Construction Maintenance Agreement
• Access Improvements Agreement
An Improvements Agreement is required for sites with required offsite improvements per Chapter 12, Article
5, Section 12-5-60. Collateral is required to ensure the improvements are completed, and maintained.
Improvements/Road Maintenance Agreement: An example agreement is available at:
https://www.weldgov.com/UserFiles/Servers/Server 6/File/Departments/Public%20Works/DevelopmentR
eview/sprusr.pdf. It will detail the approved haul route(s), outline when offsite improvements will be
triggered, and include a maintenance agreement for the haul routes. Possible mitigations included in the
road maintenance agreement may include but are not limited to: dust control and damage repairs.
DRAINAGE REQUIREMENTS
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.
MS4:
This site is located in a Municipal Separate Storm Sewer System (MS4) Area which may trigger specific
water quality requirements or other drainage improvements. In addition to compliance with applicable Weld
County regulations, property owner is required to be compliant with any additional MS4 requirements.
Questions pertaining to the MS4 requirements should be directed to the Public Works Department 970-
304-6496.
GRADING PERMIT
If more than 1 acre is to be disturbed for construction of non -pipeline items such as structures, parking lots,
laydown yards etc..., a Weld County grading permit will be required prior to the start of construction. Grading
Permit applications are accepted after the planning process is complete (plan recorded). An Early Release
Request Form may be entertained only after the applicant, Public Works and Planning Department have
reviewed the referral and surrounding property owner comments. The Early Release Request may or may
not be granted depending on referral comments and surrounding property owner concerns. Contact an
Engineering representative from the Public Works for more information.
A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact:
Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692-3575.
CONDITIONS OF APPROVAL
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 plan shall be amended to delineate the following:
1. 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 right-of-way. This road is maintained by Weld County. (Department of Public Works)
2. 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 shall be measured from the edge
of right-of-way. This road is maintained by Weld County. (Department of Public Works)
3. 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 right-of-way. This road is maintained by Weld County. (Department of Public Works)
4. 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 future right-of-way. This road is maintained by Weld County. (Department of Public
Works)
5. 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 future right-of-way. This road is maintained by Weld County. (Department of Public
Works)
6. 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 future 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 be verified it
shall be dedicated. All setbacks shall be measured from the edge of future right-of-way.
(Department of Public Works)
8. 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 right-of-way. (Department of
Public Works)
9. 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)
10. Show and label the section line Right -of -Way as "CR 54 Section Line Right -Of -Way, not County
maintained." (Department of Public Works)
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)
DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN)
1. The property owner shall control noxious weeds on the site. (Department of Public Works)
2. 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)
3. During construction, there shall be no parking or staging of vehicles on public roads. On -site parking
will be utilized. (Department of Public Works)
4. 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)
5. 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)
6. 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)
7. 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)
8. Any damage occurring to the right of way, caused by the pipeline, will be the responsibility of the
operator. (Department of Public Works)
9. The historical flow patterns and runoff amounts on site will be maintained. (Department of Public Works)
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org
Memorandum
To: Chris Gathman
From: Ben Frissell, Environmental Health Services
Date: July 9, 2018
Re: USR18-0056 DCP Operating Company, LP
Environmental Health Services has reviewed this proposal for a Site -Specific
Development Plan and Use by Special Review Permit for a 20 -inch High Pressure
Natural Gas Pipeline (7.47 miles in length) connecting the libsak booster station to the
O'Connor Gas Plant (1 MUSR16-12-1792) in the A (Agricultural) Zone District.
Permanent water and sewer is not required as this request is a temporary construction
use. Portable toilets and bottled water can be utilized during construction of the
pipeline. As the amount of disturbed area does exceeds 25 acres an Air Pollution
Emission Notice (APEN) is required.
We have no objections to the proposal; however, we do recommend that the following
requirements be incorporated into the permit as development standards:
1. 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.
2. 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.
3. 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.
4. Fugitive dust and fugitive particulate emissions shall be controlled throughout
the duration of construction of the pipeline and until ground cover is established.
Health Administration
Vital Records
Icic: 9/U 304 6410
Fax: 9/U -3U1-6112
Public Health &
Clinical Services
Icic: 9/0 304 6420
Fax: 9 /0-304-6416
Environmental Health
Services
Tele: 970-304-6415.
Fax. 970-304-6411
Communication,
Education & Planning
Tele: 970-304-5470
Fax: 970-304-6452
Emergency Preparedness
& Response
Tele: 970-304-6470
Fax: 970-3O4-6452
Public Health
Uses on the property shall comply with the Colorado Air Quality Commission's
air quality regulations.
5. 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.
6. The operation shall comply with all applicable rules and regulations of the State
and Federal agencies and the Weld County Code.
PROJECT:
MEMORANDUM
TO: C. Gathman DATE: July 2, 2018
FROM: Diana Aungst, CFM
SUBJECT: USR18-0056, Cervi Enterprises Inc
A Site -Specific Development Plan and Use by Special Review Permit for a 20 -inch High Pressure Natural
Gas Pipeline (7.47 miles in length) connecting the libsak booster station to the O'Connor Gas Plant
(1 MUSR16-12-1792) in the A (Agricultural) Zone District.
PARCEL: 080131000024
DELINEATE ON THE PLAT:
1. 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)
DEVELOPMENT STANDARDS:
1. 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. (Department of
Planning Services - Floodplain)
2. 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)
STARR & WESTBROOK, P.C.
ATTORNEYS AT LAW
210 EAST 29TH STREET
LOVELAND, COLORADO 80538
TELEPHONE 970-667-1029
RANDOLPH W. STARR
MICHAEL A. WESTBROOK
Chris Gathman
Chief Planner
Kristine Ranslem
Planning Technician
Weld County Planning Department
1555 N. 17th Avenue
Greeley, CO 80631
Email Only to:
cgathman@weldgov.com
kranslemweldgov.com
Email Randv@starrwestbrook.com
Ismail: Mike(c),starrwestbrook.com
Monday, July 2, 2018
Re: DCP OPERATING COMPANY LP - File Number L; SR18-0056
Comments of The Lower Latham Ditch Company
Dear Chris and Kristine:
The following are the comments of The Lower Latham Ditch Company (the "Company") with
respect to the above proposal.
1. The Company requests that the agency require that an agreement be entered into between the
Company and the applicant setting forth the provisions that are discussed in this letter. The
execution and recording of this agreement should be a condition of approval of this application by
the County. A copy of the sample agreement is attached for your information.
2. The Company has an easement for its ditch system across the property that is included within
the proposal. Although the Company has not had its ditch system surveyed in this area, the
Company has identified an easement width as 100 feet, being 50 feet on each side of the center line.
Additional easement will be required, if necessary, to obtain a 25 foot strip on each side of the ditch
(from the edge of the ditch for driving access and maintenance). The plat maps should be amended
to show the Company's easement correctly. Additional easement area is necessary for structures
such as lateral ditches used to irrigate the subdivision property and other property in the area,
checks, head gates and access easements. The plat must also show the location of any lateral ditches.
The plat should be corrected to show the actual location of the lateral ditches, and an easement
width should be shown for each lateral. It is noted that the proposed pipeline also crosses several
affiliated ditch laterals, including the James, Irons, and Smith (north and south branches) and
agreements will be required for these laterals as well. The pipeline should be bored beneath each
ditch at a depth of not less than 12 feet below the bottom of the ditch. Bore pits should be located
outside of the easement strip of the ditch (100 feet wide). Bore logs and GPS locations are required
Weld County Planning Department
to be provided.
-2- Monday, July 2, 2018
3. The applicant must not place any fence within the right of way, and particularly across the
right of way; and the applicant should agree not to install any gates or fences near the ditch company
right of way without the prior written approval of the Company. Any fences approved by the
Company along the ditch casement must be fireproof and stock -proof to prevent damage by
cleaning of the ditch by burning and by humans and livestock and other sources to the ditch.
4. The Company would identify to the applicant and the County that there may be subsurface
waters that arise in the area of this development and that there are periods of time when, due to
water flowing within the ditch system and otherwise, that portions of the property receive significant
amounts of subsurface water that is very near to the surface, or resides on the surface. Due to this
problem, the utility of certain portions of the property for construction of structures could
potentially be unavailable. The Company has no plans to alter its operations as it would cure this
surface and subsurface water issue.
5. The Company wants the applicant to agree that all earth moving and landscaping shall be
accomplished so that all return flow and waste water from irrigation will return to the historic point
of discharge. The applicant should acknowledge that historic irrigation and drainage patterns should
be maintained on the property so that there arc no changes in the operation of the Company's
facilities.
If further information is needed concerning these comments then you should contact me.
Sincerely,
Randolph W. Starr
Enc.-Agreement
pc / enc:
Applicant:
Colin Mann: cmann@dcpmidstream.com
Patrick Groom: PGroom ,wobjlaw.com
AGREEMENT ON PERMIT FOR EASEMENT CROSSING
THIS AGREEMENT, made and entered into this day of
2018, by and between LOWER LATHAM DITCH COMPANY, a Colorado mutual irrigation corporation organized
under the laws of the State of Colorado, (Grantor), and DCP OPERATING COMPANY, LP, a Delaware limited
partnership authorized to do business in the State of Colorado [Colorado Secretary of State ID Number 20011019053],
370 17'" Street, Suite 2500, Denver, CO 80202, United States (Grantee), is upon the following terms and conditions, to -
wit:
1. Grantor hereby grants unto Grantee, its successors or permitted assigns, a permit (the "Permit") over and
across its irrigation ditch and easement as presently located in the following described property located in the County of
Weld and State of Colorado (the "Premises"), to -wit:
In the of the fi`'' P.M., more particularly described in the attached EXHIBIT "A".
[Attach Plan and Profile that must be approved by the engineer and the Board of Directors of Grantor. The Plan
must have GPS coordinates provided to Grantor after installation of the Facility to show its location.]
2. The Permit shall be only for the construction, reconstruction, repair, operation and maintenance of an
TWENTY INCH STEEL BURIED NATURAL GAS PIPELINE (hereinafter the "Facilities"). The rights granted in
this Permit are subordinate to the rights of the Grantor and to the rights granted by Grantor to any prior pennittee or
licensee on the Premises. At no time will any equipment used for spanning the ditch obstruct the flow of water in the
ditch or obstruct the service road. Temporary bridge crossings shall not be installed by Grantee.
3. Grantee, its successors and assigns, shall have and hold the Permit until Grantee, its successors and assigns
shall cease to use the rights granted herein in an active and substantial way for a period of twelve consecutive months or
upon removal of the Facilities. On termination of the Permit, Grantee shall be obligated to remove or abandon in place at
its own expense, all of the Facilities from the Premises and restore the Premises to the condition existing prior to any
removal or abandonment activities. In the event Grantee abandons the pipeline in place, Grantee shall abandon the
pipeline in accordance with all applicable safety laws and regulations, including cutting, capping, cleaning, purging, and
completely filling the pipeline with cement grout. Grantor shall be consulted on the method used by Grantee for removal
or abandonment in place of the Facilities and the plan must receive the prior written approval of Grantor which approval
shall not be unreasonably withheld.
4. Grantor grants to Grantee the right of ingress and egress to and from said right of way as necessary and
reasonable for the exercise of the rights granted herein, said rights to be exercised, however, only within the space of
TEN (10) feet on each side of the center -line of the above granted Permit, and shall not extend to the entire ditch right of
way. Grantee shall bear the sole obligation of obtaining from the fee title owner of the Premises or others owning
proprietary interest in the Premises, such authority or rights as Grantee may need in addition to this Permit for Grantee's
use of the Premises.
5. Grantee shall comply with all federal, state and local laws, rules and regulations applicable to the project.
None of the Facilities nor any other structure shall be placed upon the right of way of the ditch of Grantor, and all of the
Underground Facilities shall be maintained below the ditch at such a depth so as not to interfere in any manner with the
Grantor's operation, maintenance, dredging or other use of its ditch. As -Constructed drawings shall be provided to the
Grantor upon completion of the Facilities showing at a minimum (1) the GPS coordinates of the Facilities at each end of
the bore, (2) the elevation of the tip of the pipe at each end of the bore, and (3) the elevation of the flow line in the Lower
Latham Ditch at its lowest point above the pipeline. All underground crossings of the ditch must be by boring and not by
cutting of the ditch. Any underground Facility shall be installed such that a minimum of fifteen foot horizontal clearance
for the parallel portion of the encroachment, and a minimum twelve feet vertical clearance when crossing the ditch are
maintained. Further, durable markers such as Carsonite" posts or equivalent shall be placed where the licensed Facility
enters and departs the Premises and at all points of change in direction of the licensed facility. If said markers cannot
practically be set over the centerline of the licensed facility because of roadways or similar obstructions on the surface,
markers shall be placed as closely as practicable to said centerline. Such markers shall have a placard affixed, bearing the
legend, "Marker is not over underground facility," or equivalent.
Page 1 of 4
6. The grant of the Permit does not prohibit the Grantor from enlarging, removing, relocating, accessing or
otherwise dealing with its ditch system. All uses of Grantee under the Permit shall be subordinate to the rights of Grantor
in its property, easement and right of way.
7. (a) (i) As used in this Permit, the term "Claims" means (1) losses, liabilities, and expenses of any
sort, including attorneys' fees; (2) fines and penalties; (3) environmental costs, including, but not
limited to , investigation, removal, remedial, and restoration costs, and consultant and other fees and
expenses; and (4) any and all other costs or expenses.
(ii) As used in this Permit, the term "Injury" means (1) death, personal injury, or property
damage; (2) loss of profits or other economic injury; (3) disease or actual or threatened health effect;
and (4) any consequential or other damages.
(b) To the extent permitted by law, Grantee covenants and agrees to at all times protect,
indemnify, hold harmless, and defend Grantor, its directors, officers, agents, employees, successors, assigns,
parents, subsidiaries, and affiliates from and against any and all Claims arising from, alleged to arise from, or
related to any Injury allegedly or actually occurring, imposed as a result of, arising from, or related to (1) this
Permit; (2) the construction, existence, maintenance, operation, repair, inspection, removal, replacement, or
relocation of the facilities of Grantor on the Premises; or (3) Grantee's or any other person's presence at the
Premises as a result of or related to this Permit. For the avoidance of doubt, such indemnity obligations shall not
apply to the extent any Claims or Injuries arise from the negligence or willful misconduct of Grantor.
(c) Subject to paragraph 7(b) above, Grantee's duty to protect, indemnify, hold harmless, and
defend hereunder shall apply to any and all Claims and Injury, including, but not limited to:
(i) Claims asserted by any person or entity, including, but not limited to, employees of
Grantee or its contractors, subcontractors, or their employees;
(ii) Claims arising from, or alleged to be arising in any way from, the existence at or near the
Premises of water and ditches or other associated facilities; or
(iii) Claims arising from, or alleged to be arising in any way from, the acts or omissions of
Grantee, its sublessees, invitees, agents, or employees.
8. The initial construction as described in this Agreement shall be commenced after November 1, 2018, and
shall be completed on or before April 1, 2019. After the initial construction contemplated herein, without Grantor's prior
written consent, between March 15 and November 15 of any year Grantee shall not be allowed to prosecute any
construction of or other work on the Facilities within the Premises if Grantee's activities would interfere with Grantor's
ability to carry water in the Ditch in accordance with its normal practices and its duties to its shareholders. Grantee shall
coordinate all construction activities with the Ditch Company. No work shall be done by Grantee on or near the Ditch
while water is in the Ditch. No repair or maintenance of the Facilities by Grantee shall be done at such times or in such
manner so as to interfere with the Grantor's operation or maintenance of its ditch. Installation, repair and maintenance of
the Facilities shall be entirely without cost to Grantor. The Grantee shall return the ditch to its condition prior to
installation of the Facilities and shall take all necessary measures to stop any seepage from the ditch. Any damage done to
the Premises, to Grantor's ditch and/or other facilities as a result of the construction, operation, maintenance, repair,
inspection, removal, replacement or relocation of the Grantee's Facilities shall be paid for or repaired at the expense of
the Grantee. Grantee shall neither permit nor suffer any mechanic's or materialman's lien of any kind or nature to be
enforced against the Premises for any work done or material furnished thereon at the instance or request or on behalf of
Grantee. Grantee shall indemnify and hold harmless Grantor against and from any and all liens, claims, demands, costs
and expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or
materials furnished.
9. The Grantee, at the time of execution of this Agreement, will pay Grantor the sum of $15,000.00.
10. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties
hereto. This Permit may not be assigned or transferred by Grantee without the prior written consent of Grantor, which
consent shall not be unreasonably withheld. In the event of any breach of this Permit by Grantee, the rights granted to
Grantee shall immediately cease and terminate; and Grantee, its successors or permitted assigns shall pay to Grantor all of
Grantor's costs and expenses, including Grantor's actual attorney fees and costs caused by such breach.
11. All notices, demands, requests and other communications required or permitted under this Agreement must
Page 2 of 4
be in writing and will be deemed received when personally delivered or seven business days after deposit in the United
States mail, first class, postage prepaid, registered or certified, addressed as follows:
if to Grantee:
DCP OPERATING COMPANY, LP
370 17th Street, Suite 2500
Denver, CO 80202
tele: 970-378-6340
Email:
if to Grantor:
Lower Latham Ditch Company
8209 W. 20th Street, Ste A
Greeley, CO 80634
Tele: 970-353-661 1
Email: Of'licero lowcrlatliani.com
With a copy to:
Starr & Westbrook, P.C.
210 East 29th Street
Loveland, CO 80538
Grantor or Grantee may change its address by giving notice to the other party as provided for above.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written.
DCP OPERATING COMPANY LP, a Delaware limited
partnership
By:
STATE OF COLORADO )
SS.
COUNTY OF
The foregoing was acknowledged before me this day of , 2018, by
, as of DCP OPERATING COMPANY LP, a Delaware
limited partnership, authorized to do business in the State of Colorado, as Grantee.
Witness my hand and official seal.
My commission expires:
Notary Public
REMAINDER OF PAGE LEFT BLANK INTENTIONALLY
Page 3 of 4
LOWER LATHAM DITCH COMPANY
By:
President
STATE OF COLORADO
SS.
COUNTY OF WELD
The foregoing was acknowledged before me this day of , 2018, by James W. Park,
as President of Lower Latham Ditch Company, a Colorado mutual irrigation corporation.
Witness my hand and official seal.
My commission expires:
Notary Public
[INSERT PLAN AND PROFILE FOR EACH CROSSING COVERED BY THIS PERMIT HERE PLANS MUST BE
APPROVED BY THE ENGINEER AND THE BOARD OF DIRECTORS OF GRANTOR -MUST HAVE GPS
LOCATION FOR ENTRY AND EXIT POINTS FOR EACH CROSSING AS REQUIRED BY GRANTOR]
Page 4 of 4
STATEMENT APPOINTING AN AGENT
(§7-90-301 and §7-30-110, C.R.S.)
1. True name of entity:
2. Principal office street address:
3. Principle office mailing address:
4. Authorized agent:
Irons Lateral Ditch
28607 W.C.R 50
Kersey, CO
P.O.B. 119
Kersey, CO 80644
Hoshiko, Dennis James
5. The person appointed as authorized agent in this document has consented to being so appointed.
6. Authorized agent street address:
7. Authorized agent mailing address:
8. Effective date:
Owners of the Irons Lateral Ditch:
/.
28607 W.C.R. 50
Kersey, CO 80644
P.O.B. 119
Kersey, CO 80644
March 14, 2017
William T. Klein (3 shares - 25.0% owner)
Hoshiko Land, LLC (4 shares - 33.3333% owner)
HLT Farms, LLLP (5 shares - 41.6666% owner)
STATE OF COLORADO
}s.s.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this ,day of ih°r h 20 t
by William T. Klein, and Dennis J. Hoshiko as General Manager of Hoshiko Land, LLC and HLT
Farms, LLLP, all as owners of the Irons Lateral Ditch in the proportions listed hereinabove.
Witness my hand and official seal.
GLORIA J JOHNSON
Notary Public
State of Colorado
Notary ID 20114038029
My Commission Exires Jun 17. 2g19
Notary Public
My commission expires:
Submit by Email
Weld County Referral
June 12, 2018
The Weld County Department of Planning Services has received the following item for review:
Applicant: DCP Operating Company, LP Case Number: USR18-0056
Please Reply By: July 10, 2018 Planner: Chris Gathman
Project: A Site -Specific Development Plan and Use by Special Review Permit for a 20 -inch High
Pressure Natural Gas Pipeline (7.47 miles in length) connecting the libsak booster station to the
O'Connor Gas Plant (1 MUSR16-12-1792) in the A (Agricultural) Zone District.
Location: The Pipeline runs in a north -south direction located east of CR 47, west of CR 51, north of CR
50 and south of CR 64.
Parcel Number Multiple Parcels
Legal: The Proposed Pipeline crosses Section 36, T6N, R65W; Section 1, T5N, R65W; and Sections 6,
7, 18, 19, 30 and 31, T5N, R64W of the 6th P.M., Weld County, Colorado.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
We have reviewed the request an find that it does does not comply with our Comprehensive . -M* Plan because: N.( �'ic iC 4�. f c i vl` L ct
We have reviewed the request and find no conl is with our interests.See attached letter.
���
Signature
Agency tire:
Date
C' /1 jf a
I
Weld
Weld County Panning Dept 1555 N 17th Ave, Greeley. CO. 80631 (970) 4OC-51C0 (970) 304-6498 fax
IRONS LATERAL DITCH
POB 119
Kersey, CO 80644
June 18, 2018
Mr. Chris Gathman
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, CO 80631
Dear Mr. Gathman,
I recently became aware DCP Operating Company, LP ("DCP") has filed Use by Special
Review Permit Application No. USR18-0056 ("Application") with your office.
Upon my inspection of the information DCP listed in the Application, I discovered the
proposed DCP 20 -inch high-pressure natural gas pipeline is to be constructed across
the perpetual prescriptive easement ("Easement") of the Irons Lateral Ditch of which I
am the duly Authorized Agent as evidenced by the attached Statement Appointing an
Agent form. As of this date, DCP has not communicated with me regarding their intent
to construct their proposed pipeline across the Easement.
Accordingly, I hereby request to be included in any and all notifications issued by your
office relative to the Application in conformance with the attached Weld County Referral
form.
Sincerely,
IRONS LATERAL DITCH
i
Dennis J. Hoshiko
Authorized Agent
(970)381-1161
Attachment (1)
Submit by Email
Weld County Referral
jL �-
^1
f �
CO1-O_47DX( 9 9
June 12, 2018
The Weld County Department of Planning Services has received the following item for review:
Applicant: DCP Operating Company, LP Case Number: USR18-0056
Please Reply By: July 10, 2018 Planner Chris Gathman
Project: A Site -Specific Development Plan and Use by Special Review Permit for a 20 -inch High
Pressure Natural Gas Pipeline (7.47 miles in length) connecting the libsak booster station to the
O'Connor Gas Plant (1 MUSR16-12-1792) in the A (Agricultural) Zone District.
Location: The Pipeline runs In a north -south direction located east of CR 47, west of CR 51, north of CR
50 and south of CR 64.
Parcel Number: Multiple Parcels
Legal: The Proposed Pipeline crosses Section 36, T6N, R65W; Section 1, T5N, R65W; and Sections 6,
7, 18, 19, 30 and 31, TSN, R64W of the 6th P.M., Weld County, Colorado.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
Information, please call the Department of Planning Services.
0
We have reviewed the request and find that it does / does not comply with our Comprehensive
Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature
Agency
Date 1 16/1)8
fiarrvx.�r-irt5)r-�(am9a�ioT\ .
Weld County Panning Dept. 1555 N 1781 Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax
80 South 27th Avenue
Brighton, CO 80601
PH: 303-659-73731 FX: 303-659-6077
Weld County
July 5, 2018
Referrals Weld County
July 5, 2018
Cgathman
. DCP Midstream, LP
Site -Specific Development Plan & Use by Special Review
USR18-0056
Mr. Gathman:
I wish to submit the following information regarding the above referenced project.
The concerns of Farmers Reservoir and Irrigation Company are in the area of
encroachment to the Right of Way of the canal. FRICO requires a minimum of 25' on
each side of the canal for a maintenance road plus the distance to the toe of the ditch
embankment. The boundaries of the Right of Way must be agreed upon.
Drainage is another concern that must be addressed as FRICO does not allow any
developed storm flow into our canals. This will apply if any development happens.
Property concerns need to be resolved.
X No construction of any structure can be put on our ROW. No use of any sort
including pedestrian or vehicle on our ROW is approved.
Please send additional information regarding your project so that we may
complete our review and that review criteria can be sent to you, if applicable.
X FRICO will require a license agreement
X FRICO will require an access permit
X We request to comment again.
The applicant has or X has not completed a Project Review Application and
submitted a deposit for review fees with the Ditch Company. In addition to the above
comments, FRICO's comments are limited to this set of plans.
Please email Scott Edgar, FRICO General Manager or Eve Craven should you have any
questions.
Sincerely,
FRICO, General Manager
FRICO, Project Coordinator
From: Hice-Idler - CDOT, Gloria
To: Chins Gathman
Cc: Bilobran, Timothy
Subject: USR18-0056 - DCP
Date: Wednesday, June 13, 2018 10:58:20 AM
Attachments: image00l.pnq
The applicant will need to obtain utility and access permits when they cross or enter/ exit CDOT ROW.
Gloria Hice-Idler
Rocksol Consulting
(970) 381-8629
COLORADO
Department of'['rznsport .tion
10601 W. 10th Street, Greeley, CO 80634
gloria.hice-idler@state.co.us I www.codot.gov I www.cotrip.org
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