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HomeMy WebLinkAbout20183985.tiff MEMORANDUM TO: Chris Gathman, Planning Services 1861 FROM: Mike McRoberts, Public Works DATE: October 19, 2018 _G O UN r _ SUBJECT: USR18-0098 Discovery 24-inch Pipeline 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 for a greater than 12-inch high pressure natural gas pipeline (24-inch High Pressure Natural Gas Pipeline) in the A (Agricultural)Zone District. General Location of Pipeline: Located in a portion of Sections 15, 16,20, 21,29 and 30,Township 1 North, Range 67 West of the 6'" P.M. ACCESS Per Chapter 12, Article 5, Section 12-5-30, an Access Permit is required for access to Weld County maintained roadways. Per Chapter 12, Article V, Section 12-5-30. F, when feasible, there shall be no net increase in the number of accesses to a public road. Minimum access spacing widths are shown in Weld County Code Appendix Table 12A-2. Please refer to Chapter 12 of the Weld County Code for more information regarding access. 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/. According to the applicant's USR application questionnaire, "Appropriate Access and Right-of-Way Permits will be obtained once final access points and road crossings along the pipeline have been identified." ROADS AND RIGHTS-OF-WAY County Road 6 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 Ill, 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 19 is a paved road and is designated on the Weld County Functional Classification Map(Code Ordinance 2017-01) as a(n) arterial road, which requires 140 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 8 is a gravel road and is 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 17 is a gravel road and is 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 21 is a gravel road and is 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. 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 a Weld County road shall be bored at a minimum depth of ten (10) feet. This depth shall be measured below the lowest roadside ditch flowline elevation to the crown of the pipe, and 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 Tracking control is required during construction. Tracking control information can be found at: https://library.municode.com/co/weld county/codes/charter and county code?nodeld=CH12LIPE ARTV ROACPO S12-5-100PEHOGERE 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. 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 6 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. 2. County Road 19 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a(n) arterial road, which requires 140 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. 3. County Road 8 is a gravel road and is 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. 4. County Road 17 is a gravel road and is 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 Ill, 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. 5. County Road 21 is a gravel road and is 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 Ill, 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. 6. 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) 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. Any oil and gas pipeline crossing a Weld County road shall be bored at a minimum depth of ten (10) feet. This depth shall be measured below the lowest roadside ditch flowline elevation to the crown of the pipe, and for the full width of the future right of way. (Department of Public Works) 6. 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) 7. 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) 8. The historical flow patterns and runoff amounts on site will be maintained. (Department of Public Works) �•`T . ` WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT -► ! 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org Memorandum To: Chris Gathman From: Lauren Light, Environmental Health Services Date: October 19, 2018 Re: USR18-0098 DJ Services, LLC Environmental Health Services has reviewed this proposal for a Site Specific Development Plan and Use by Special Review Permit a Site Specific Development Plan and Use by Special Review Permit for a for a greater than 12-inch high pressure natural gas pipeline (24-inch High Pressure Natural Gas Pipeline) 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. If the amount of disturbed area 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. Health Administration Public Health& Environmental Health Communication, Emergency Preparedness Vitol Records Clinical Services Services Education&Planning &Response [�] cla 9/U 304 6410 Icic:9/0 304 6420 Tele:970-304-6415 Tele:970-304-6470 Tele:970-304-6470 Fax: 9/U-3UT-6412 Fax: 9i0-304-6416 FIIx: 970-304-6411 Fax: 970-304-6452 Fax: 970-304-6452 Public Health 4. 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. 5. 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. 6. 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. 7. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. Submit by Email , Weld County Referral rfdli!VII— it September 24, 2018 The Weld County Department of Planning Services has received the following item for review: Applicant: Discovery DJ Services, LLC Case Number: USR18-0098 Please Reply By: October 22, 2018 Planner: Chris Gathrnan Project:A Site Specific Development Plan and Use by Special Review Permit for a for a greater than 12-inch high pressure natural gas pipeline(24-inch High Pressure Natural Gas Pipeline) in the A (Agricultural)Zone District. Location: North of CR 4, south of CR 10, East of CR 13 and West of CR 23. Parcel Number: Multiple Parcels Legal: The Pipeline will cross Sections 14, 15, 16, 20, 21, 29 and 30, All located in T1 N, R67W 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. flWe 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. [3 See attached letter. " Signature .h Date Agency Weld County Planning Dept. 1555 N 17th Ave,Greeley,CO.80631 (970)400-6100 (970)304-6498 fax s j y �TI3 1 Site Review Memo Boulder Valley Conservation District Board Brian Walton, Conservation Engineering Technician Applicant: Discovery DJ Services, LLC Location: North of County Rd 4, South of County Rd 10, East of CR 13,West of CR 23 Docket No.: USR18-0098 Zoning: Agriculture Purpose: Special Review permit for 24 inch High Pressure Natural Gas Pipeline. Prime Farmland: Prime farmland if irrigated. Water Quality: Control construction erosion to any local waterways. Noxious Weed Control: Monitor and control noxious weeds. Soils Limitations: Limited site development concerns. Other Concerns: Summary Comments: Submit by Email Weld County Referral September 24, 2018 The Weld County Department of Planning Services has received the following item for review: Applicant: Discovery DJ Services, LLC Case Number: USR18-0098 Please Reply By: October 22, 2018 Planner: Chris Gathman Project:A Site Specific Development Plan and Use by Special Review Permit for a for a greater than 12-inch high pressure natural gas pipeline (24-inch High Pressure Natural Gas Pipeline) in the A (Agricultural) Zone District. Location: North of CR 4, south of CR 10, East of CR 13 and West of CR 23. Parcel Number: Multiple Parcels Legal: The Pipeline will cross Sections 14, 15, 16, 20, 21, 29 and 30, All located in T1 N, R67W 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 and find that it does/does not comply with our Comprehensive Plan because: FlWe have reviewed the request and find no conflicts with our interests. SPP attar.hPr'd IpttPr See comments below sl Todd Hodges 9/26/2018 Signature Date Agency City of Fort Lupton Although we have no conflicts, we request a future Right of Way of 110' for both County Road 8 and County Road 19 be taken into consideration as they are Arterial Roads in our City Transportation Plan and that a 85' Right of Way be taken into consideration for County Road 21 as it is a Collector Road in our City Transportation Plan. We request that the future Right of Ways be noted on drawings. Weld County Planning Dept. 1555 N 17th Ave,Greeley, CO.80631 (970)400-6100 (970)304-6498 fax Iacono Cdcj'ci/c October 9, 2018 To: Chris Gathman, Weld County From: Jennifer Krieger, AICP, Community Development Director RE: Case Number: USR18-0098 Thank you for the opportunity to comment on Weld County Case Number: USR18-0098- a Site Specific Development Plan and Use by Special Review Permit for a for a greater than 12-inch high pressure natural gas pipeline (24-inch High Pressure Natural Gas Pipeline) in the A (Agricultural) Zone District. It appears that the project may cross right-of-way owned by the City of Dacono. Any right-of- way crossing with in the City of Dacono is subject to an Encroachment License Agreement and right-of-way excavation permits. All proposed haul routes using roadways within the City of Dacono must be approved. 1 co l_ftoo COLORADO CO ,.• s , Parks and Wildlife Department of Natural Resources Area 2 - Lon Hagler State Wildlife Area 4207 W CR 16E Loveland,CO 80537 P 970.472.4460 F 970.472.4468 October 19th, 2018 Mr. Chris Gathman Weld County Planning Dept. 1555 N. 17th Ave. Greeley, CO 80631 cgathman@weldgov.com Re: USR 18-0098 Proposed 24" Natural Gas Pipeline- DJ Services, LLC- Multiple Parcels- North of County Road 4, East of County Road 13, and West of County Road 23. Dear Mr. Gathman, Thank you for the opportunity for Colorado Parks and Wildlife to comment on the proposed 7- mile 24-inch natural gas pipeline located south of Dacono in southern Weld County. The mission of CPW is to perpetuate the wildlife resources of the state, to provide a quality state parks system, and to provide enjoyable and sustainable outdoor recreation opportunities that educate and inspire current and future generations to serve as active stewards of Colorado's natural resources. CPW has a statutory responsibility to manage all wildlife species in Colorado, and to promote a variety of recreational opportunities throughout Colorado. One way we achieve this goal is by responding to referral comment requests, as is the case for this project. Construction of this pipeline has the potential to impact wildlife. A bald eagle nest is located in close proximity to this project at Ti N R67W Sec. 20. To minimize disturbance to bald eagle nests CPW recommends no construction activity within 'h mile of the nest from January 1st through July 31st. Because the pathway of the pipeline is within 1/2 of this eagle's nest it is recommended that construction of the pipeline at this location take place outside of that time frame. Bald eagles and their nests are protected under the federal Bald and Gold Eagle Protection Act. If construction is to take place between January 1st and July 31st within 1/2 mile of the nest project managers should contact the U.S. Fish and Wildlife Service. There also appears to be many trees near or adjacent to the pipeline at numerous points along the path of the pipeline. It is recommended that a raptor (i.e. hawks, eagles, owls, etc.) nest survey be performed along the path of the pipeline if construction is to take place between February 1 and July 31st. This nest survey should be done prior to construction and throughout the course of construction for any new nests. If nests are observed, CPW has developed a set of guidelines to minimize disturbance to nesting raptors. These guidelines can be found on the CPW website at: http://cpw.state.co.us/Documents/WildlifeSpecies/LivingWith Wildlife/RaptorBufferGuideline �at ca'' Bob D.Broscheid,Director,Colorado Parks and Wildlife•Parks and Wildlife Commission:Robert W.Bray•Matthew Burkett•Charles Garcia•Marie Haskett ti� �'' Carne Besnette Hauser•John Howard,Chair•Marvin McDaniel•Colleen Peppier•Jennifer Rieke Taylor•James Vigil,Secretary•Michelle Zimmerman,Vice Chair r.1676_�.:�.' s2008.pdf#search=Raptor%20Nesti ng%20guidelines Wetlands are of high value to many different species of wildlife and should be protected from disturbance if possible. There is a wetland located at Ti N R67W Sec. 30 adjacent to County Road 15 that should be avoided. CPW recommends that trenchless construction or boring technics should utilized to go under this wetland to preserve the integrity of the wetland. If construction will impact wetlands the U.S. Army Corp of Engineers should be contacted and consulted. Finally, Colorado Parks and Wildlife recommends that the developer work with the Weld County Public Works Department-Weed Division to develop and implement a plan for control of noxious weeds during and post construction phases of the pipeline project. Noxious weeds are a problem in Weld County in which they can degrade wildlife habitat, degrade the landscape as whole, and are a costly issue to landowners to deal with once the construction project is complete. To avoid the spread of noxious weeds to other sites and to prevent new species from being introduced, all construction equipment should be thoroughly cleaned prior to arriving on site and after construction is completed. If there are any questions or concerns, please feel free to contact District Wildlife Manager Chris Mettenbrink at (303) 906-1979. Again, thank you for the opportunity to comment on this pipeline project. Sincerely, (444AC? Kristin Cannon Area Wildlife Manager Hello