HomeMy WebLinkAbout20183600.tiff EXHIBIT
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BEFORE THE WELD COUNTY , COLORADO. PLANNING COMMISSION ODEO
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Gene Stille, that the following resolution be introduced for passage by the Weld County Planning
Commission Be it resolved by the Weld County Planning Commission that the application for
CASE NUMBER USR18-0080
APPLICANT NWC DEVELOPMENT LLC
PLANNER KIM OGLE
REQUEST 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
LEGAL DESCRIPTION THE PROPOSED PIPELINE WILL CROSS SECTIONS 20. 21 . 28 29. 32 T8N
R66W SECTIONS 5. 7, 8. 18. 19. 30. 31 . T7N R66W SETCTIONS 6AND 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
LOCATION SOUTH OF CR 92 , EAST OF CR 31 . NORTH OF CR 60 EAST OF CR 13
be recommended favorably to the Board of County Commissioners for the following reasons.
1 . The submitted materials are in compliance with the application requirements of Section 23-2-260 of the
Weld County Code
2 . It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-
480 of the Weld County Code as follows:
A. Section 23-2-480.A. 1 — All reasonable efforts have been made to avoid irrigated cropland or to
minimize the negative impacts on agricultural uses and lands.
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.
RESOLUTION USR18-0080
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The Conditions of Approval and Development Standards will ensure that there is no fugitive dust or
erosion and will ensure the control of noxious weeds_ Best Management Practices (BMPs) will be
required for all construction areas, including erosion control methods. dust suppression, et cetera
E Section 23-2-480.A. 5 -- The applicant has agreed to implement any reasonable measures deemed
necessary by the Board of County Commissioners to ensure that the health . safety and welfare of the
inhabitants of the County will be protected, and to mitigate or minimize any potential adverse impacts
from the proposed pipeline.
The applicant has proposed a number of measures to mitigate impacts from the pipeline including the
boring beneath County roads to avoid damage to the road surface or disruption to traffic flow: if
surface waterbodies will be crossed by the pipeline either by boring beneath the bed of the waterbody.
or by utilizing an open-cut crossing method . If the open-cut crossing method is used. BMPs will be
installed to protect the waterbody from erosion or sediment runoff: tracking pads will be utilized where
heavy equipment is required to cross roads to prevent damage to the road surface: topsoil will be
segregated from subsoil during grading activities
All pipelines will be compliant with the Department of Transportation (DOT) requirements. Per this
standard , pipelines are required to have a minimum of 30-inches of cover and in many locations there
will be a minimum of 36-inches of cover or greater if required by local or state agencies The pipeline
trench will be excavated mechanically: pipe segments will then be strung along the ditch line and then
welded together using welders and weld procedures qualified under the requirements of the Code of
Federal Regulations. each weld will be examined utilizing industry standard non-destructive
examination, or x-ray, procedures by qualified technicians; the coating on the pipeline will be
inspected for damage and repaired as necessary and then the line(s) will be lowered into the trench
and backfilled The pipeline(s) will subsequently be pressure tested using water (hydrostatically
tested) to industry regulations
The transportation of natural gas via pipeline is generally safer than other potential modes of
transport. There is some small risk of an accident in which the integrity of the pipeline may be
compromised resulting in a release of natural gas or natural gas liquids. Wet natural gas contains
condensed forms of heavier natural gas liquids and produced water and is considered both flammable
and combustible_ Dry natural gas is a clean burning fuel source. also considered both flammable and
combustible.
In general , signs of a pipeline leak, include dead or discolored vegetation that is otherwise green
along the pipeline right-of-way. along with pools of liquid or clouds of vapor or mist not usually
present.
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 fall outside of pre-determined normal operating
RESOLUTION USR18-0080
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PAGE 3
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.
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
RESOLUTION USR18-0080
NWC DEVELOPMENT LLC
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maintained on the site or in such a manner that it will reasonably preserve the natural character of the
area and prevent property damage of the type generally attributed to run-off rate and velocity
increases, diversions, concentration and/or unplanned ponding of storm run-off.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-
250 . Weld County Code) . Conditions of Approval and Development Standards can ensure that there
are adequate provisions for the protection of health . safety. and welfare of the inhabitants of the
neighborhood and County.
This recommendation is based. in part, upon a review of the application materials submitted by the applicant.
other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
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 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)
RESOLUTION USR18-0080
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10 . 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)
11 . 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)
12 . Show and label the future right-of-way for all roads within the municipality of Severance. (Town of
Severance)
13. 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)
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 mapsco.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)
E. Show and label the Water Supply and Storage Company crossing agreement reception number,
as applicable. (Department of Planning Services)
F . Show and label the Pierce Lateral Ditch Company crossing agreement reception number, as
applicable. (Department of Planning Services)
G. - Show and label the Whitney Ditch Company crossing agreement reception number, as
applicable. (Department of Planning Services)
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H. Show and label the Now Cache la Poudre Irrigating Company crossing agreement reception
number, as applicable. (Department of Planning-Services)
I . Show and label the Miles Lateral Irrigation Company crossing agreement reception number. as
applicable. (Department of Planning Services)
J. Show and label the Larimer & Weld Reservoir Company crossing agreement reception number,
as applicable. (Department of Planning Services)
K. Show and label the Larimer & Weld Irrigation Company crossing agreement reception number, as
applicable. (Department of Planning Services)
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)
Motion seconded by Elijah Hatch .
VOTE:
For Passage Against Passage Absent
Bruce Johnson
Bruce Sparrow
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I . Kristine Ranslem, Recording Secretary for the Weld County Planning Commission. do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County.
Colorado, adopted on October 16, 2018.
Dated the 16th of October, 2018
Kristine Ranslem
Secretary
RESOLUTION USR18-0080
NWC DEVELOPMENT LLC
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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 15!b 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)
13. Any improvements or new construction in the floodplain require a Flood Hazard Development Permit.
(Department of Planning Services - Floodplain)
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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 Development
Standards are permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
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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. 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
RESOLUTION USR18-0080
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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
rm r a e s livelihood.
EXHIBIT
C A nA- vs
1 -01%
ID/16 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
-MAP I - 0O
Tuesday. October 16. 2018
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building , Hearing Room , 1150 O Street , Greeley, Colorado This meeting was called to order by Chair.
Michael Wailes. at 12 30 pm
Roll Call.
Present. Bruce Johnson. Bruce Sparrow. Skip Holland . Elijah Hatch, Gene Stille. Michael Wailes. Richard
Beck. Tom Cope.
Absent/Excused Lonnie Ford
Also Present Kim Ogle. Diana Aungst. and Angela Snyder. Department of Planning Services: Lauren Light
and Ben Frissell. Department of Health Evan Pinkham and Hayley Balzano. Public Works: Frank Haug ,
County Attorney, and Kris Ranslem. Secretary.
CASE NUMBER USR18-0080
APPLICANT NWC DEVELOPMENT LLC
PLANNER KIM OGLE
REQUEST 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
LEGAL DESCRIPTION. 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
LOCATION - SOUTH OF CR 92: EAST OF CR 31 : NORTH OF CR 60. EAST OF CR 13
Kim Ogle. Planning Services. presented Case USR18-0080. reading the recommendation and comments
into the record.
Mr. Ogle noted that there are several requests to amend the conditions of approval in the Draft Resolution.
He added that most of the changes deal with moving items under the heading of `Prior to Recording the
Map" to " Prior to Construction He provided the changes in the inventory exhibit list.
The Department of Planning Services recommends approval of this application with the attached conditions
of approval and development standards.
Evan Pinkham. Public Works. reported on the classification of the county roads, accesses and right-of-way
permitting . There will be a Road Maintenance Agreement associated with this case.
Lauren Light. Environmental Health . reviewed the public water and sanitary sewer requirements. on-site
dust control, and the Waste Handling Plan.
Anne Johnson . Tetra Tech , 1560 Broadway. Denver. Colorado. She stated that this application is for the
pipeline and gathering line system. There will be two (2) parallel pipelines that will not exceed 20-inches in
size that will carry natural gas and derivatives for approximately 30 miles and terminate at the processing
facility that was just approved in the Town of Pierce. Ms Johnson stated that REP negotiated crossings
with the property owners and. to date. 100% have been negotiated through a willing process.
Commissioner Cope said that the alignment is kind of peculiar as it seems there are more structures to go
around but it also looks like this pipeline may be going under some lakes or ponds. Ms. Johnson said that
the alignment was based on working with the property owners. Duane Russell. 1750 Lafayette Street.
Denver, Colorado, stated that he is a landman that worked with 50% of the landowners on this pipeline.
When they start with the original alignment it is based on what works best for them and then after speaking
with each landowner they find out what works best for them . While they try to stay on the perimeter of the
parcels. the landowners sometimes want the pipeline in the middle of their parcel because it fits their needs
1
better. Mr Russell stated that there is one (1 ) pond that they will be going under close to County Road 72
and County Road 25.
Commissioner Cope asked how far below the pond the pipeline will be going . Mr Russell said that they will
go at least 10-feet below the pond.
Commissioner Holland asked if this pond is designated as a water of the U . S Mr Russell said that he
didn't believe it is as it is a landlocked pond and no creek going into or out of it. He added that it is a
wetland . so they will stay away from the cattails. Lance King . RimRock Energy. 1611 Broadway. Oklahoma
City. Oklahoma. stated that this is not a water of the U S
The Chair asked if there was anyone in the audience who wished to speak for or against this application .
John Beerworth. 12443 CR 76, stated that he negotiated with this group to allow them to come across land
and referred to the wetland comments He said that he was told in conversations with his landman that
they would go 20 to 30 feet under and wished to have that clarified because his property has wetlands that
they will be boring under.
Mr. Russell clarified that they will be 25 to 30 feet below Mr Beerworth's waterway because of where it is
located as they will go under the irrigation canal north of his property to cross under the county road on the
south
Mr Ogle clarified that a referral was sent to the U .S. Army Corp of Engineers and Staff did not receive a
response back for this application.
The Chair referred to the requested changes to the Draft Resolution . Ms. Johnson said that Development
Standard 1 and 8 refer to the depth that is required for the different road classifications and they understand
in working with Public Works these will be addressed at the Board of County Commissioner hearing Mr
Ogle provided a list of the requested changes.
Motion : Amend the Draft Resolution , as presented by Staff, Moved by Gene Stille. Seconded by Bruce
Johnson. Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Motion : Forward Case USR18-0080 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commissions recommendation of
approval. Moved by Gene Stille. Seconded by Elijah Hatch
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Johnson. Bruce Sparrow, Elijah Hatch. Gene Stille. Michael Wades. Richard Beck. Skip
Holland. Tom Cope.
Commissioner Johnson commended the applicants for receiving all of the rights-of-way in place prior to this
hearing
Meeting adjourned at 5:23 pm.
Respectfully submitted,
46\i Jnt_. &I24ÜM.
Kristine Ranslem
Secretary
2
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