HomeMy WebLinkAbout20183321.tiff EXHIBIT
BEFORE THE WELD COUNTY. COLORADO PLANNING COMMISSION 05W-- 00-7
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Tom Cope. that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER USR18-0075
APPLICANT DISCOVERY DJ SERVICES. LLC
PLANNER CHRIS GATHMAN
REQUEST A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT
FOR A GREATER THAN 12-INCH HIGH PRESSURE NATURAL GAS PIPELINE
(20-INCH NATURAL GAS PIPELINE) APPROXIMATELY 15 MILES IN LENGTH IN
THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION THE PIPELINE CROSSES SECTIONS 21 . 25. 26. 27 AND 28. T1 N. R65W.
SECTIONS 25, 26, 27, 28 29. AND 30, Ti N R64W AND SECTIONS 30 31 . AND
32 T1 N . R63W: ALL OF THE 6TH P. M. , WELD COUNTY. COLORADO.
LOCATION PIPELINE WILL BE LOCATED BETWEEN COUNTY ROAD 8 ON THE NORTH.
COUNTY ROAD 2 (WELD COUNTY LINE) ON THE SOUTH . INTERSTATE 76 ON
THE WEST AND COUNTY ROAD 65 ON THE EAST
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-
2-220 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 applicant has indicated that they make every effort to minimize impact to property
owners' lands. including but not limited to irrigated croplands. When following the property
boundaries is not optimal/preferred . the applicant works with the applicant to determine the
best route.
The proposed use is in an area that can support this development and the Development
Standards and the Conditions of Approval will assist in mitigating the impacts of the facility
on the adjacent properties and ensure compatibility with surrounding land uses and the
region.
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 proposed pipeline crosses through the 3-mile referral areas of the Hudson and
Keenesburg. It is also located within the Keenesburg/Weld County Cooperative Planning
Agreement (CPA) .
The Town of Keenesburg was contacted prior to submittal of this application. The Town of
Keenesburg responded that one of the proposed truck routes not be used on County Road 59
south of Highway 52 due to the proximity to the middle school and high school.
The applicant has indicated that this haul route has been removed .
No referral responses have been received from the Town of Hudson . Town of Keenesburg
and Adams County in regards to this case.
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.
RESOLUTION USRI8-0075
DISCOVERY DJ SERVICES , LLC
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The applicant has indicated that they make every effort to minimize impact to property
owners' lands , including but not limited to irrigated croplands . When following the property
boundaries is not optimal/preferred , the applicant works with the surface owner(s) to
determine the best route.
According to the application , the proposed pipeline route is the most direct route in order to
minimize impact on the surrounding area and maximize safety during construction .
Best Management Practices ( BMPs) will be implemented during construction to control
erosion and water trucks will be utilized as necessary to control dust. The application
indicates that invasive and noxious weeds will be controlled after construction to control the
propagation of noxious weeds .
D . Section 23-2-480.A.4 — The site shall be maintained in such a manner so as to control soil
erosion , dust and the growth of noxious weeds .
The application indicates that the applicant will follow Best Management Practices (BMPs)
described in the Stormwater Management Plan (SWMP). Erosion control will consist of silt
fencing , straw wattles , hay bales or a combination of all of these items depending on the
area . Permanent erosion control measures will be installed as required and seeding will occur
in accordance with landowner requirements .
Water will be used for dust mitigation and will be obtained from water trucks .
Invasive and noxious weeds will be controlled after construction control the propagation of
noxious weeds .
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 is proposing the following mitigation measures :
All county road and other crossings (not including waterways) will be crossed by either open
bore or horizontal drill (avoiding surface impacts).
All pipelines will be buried to provide 48-inches of cover.
BMPs outlined in the SWMP plan will be utilized (including silt fencing , straw wattles , hay
bales or combinations of all three depending on the area )
In areas with trenched wetland crossings the construction right-of-way will be reduced to 50-
feet in width where the only the ditch line will be top-spoiled and the drive space will be
matted with pipeline mats to mitigate disturbance . If standard open cut construction methods
are used in wetland area , 404 permits will be obtained .
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 .
According to the application , the proposed pipeline route is the most direct route in order to
minimize impact on the surrounding area and maximizing safety during construction .
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 .
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DISCOVERY DJ SERVICES , LLC
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The applicant has indicated that they obtain a Biological Resource Report and Cultural
Resource Report for all of its projects . Additionally, our environmental specialist conducts a
preliminary survey along the entire pipeline route noting any nesting activity or sensitive
species habitat which , if found , is monitored in accordance with the established protocols of
Colorado Parks and Wildlife and the U . S . Fish and Wildlife Service throughout the duration of
the project.
No referral response has been received from either the Colorado Division of Water
Resources or the Colorado Historical Society (History Colorado).
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 application indicates that the applicant will follow Best Management Practices (BMPs)
described in the Stormwater Management Plan (SWMP). Erosion control will consist of silt
fencing , straw wattles , hay bales or a combination of all of these items depending on the
area .
All county road crossings will be completed by conventional bore or directional drill
methodology.
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 ',2 mile of any construction access point for the
project. (Department of Public Works)
B . The applicant shall address the requirements of the Colorado Department of Transportation as
stated in their (electronic mail) referral dated 8/21 /2018 . Written evidence of such shall be
provided to the Department of Planning Services . (Colorado Department of Transportation)
C . The applicant shall attempt to address the requirements of the Farmers Reservoir and Irrigation
Company as stated in their referral dated 9/13/2018. Written evidence of such shall be provided
to the Department of Planning Services . ( Farmers Reservoir and Irrigation Company)
D . A copy of the signed and recorded (construction and post-construction ) lease easement
agreements (or other acceptable authorization from property owner) for pipeline right-of-way
(easements) shall be submitted to the Department of Planning Services . (Department of
Planning Services)
E . The applicant shall attempt to address the comments of The Wild Animal Sanctuary as stated in
their referral dated 8/31 /2018. Written evidence of such shall be submitted to the Department of
Planning Services . (The Wild Animal Sanctuary)
F . The map shall be amended to delineate the following :
1 . All sheets of the map shall be labeled USR18-0075 . (Department of Planning Services)
RESOLUTION USR18-0075
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PAGE 4
2 . The attached Development Standards . (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260. D of the Weld County
Code. (Department of Planning Services )
4. County Road 2 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)
5. County Road 6 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)
6. County Road 47 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)
7. County Road 55 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall
be measured from the edge of right-of-way. This road is maintained by Weld County.
(Department of Public Works)
8. County Road 59 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)
9. County Road 63 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)
10 . County Road 53 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)
11 . County Road 45 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 )
12 . County Road 49 is a gravel road and is designated on the Weld County Functional
Classification Map as an arterial road which requires 140 feet of right-of-way at full
buildout. The applicant shall delineate on the site plan the future and existing right-of-
way. All setbacks shall be measured from the edge of future right-of-way. This road is
RESOLUTION USRI8-0075
DISCOVERY DJ SERVICES , LLC
PAGE 5
maintained by Weld County. (Department of Public Works)
13 . County Road 51 Section Line is shown to have 30 feet of unmaintained section line right-
of-way per the Weld County GIS right-of-way map. The applicant shall delineate the
existing right-of-way on the site plan . All setbacks shall be measured from the edge of
right-of-way. ( Department of Public Works )
14 . County Road 57 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 )
15 . County Road 61 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)
16 . 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)
17 . Show and label the section line Right-of-Way as "CR 51 Section Line Right-Of-Way, not
County maintained . ( Department of Public Works )
18 . Show and label the section line Right-of-Way as "CR 57 Section Line Right-Of-Way, not
County maintained ." (Department of Public Works)
19 . Show and label the section line Right-of-Way as " CR 61 Section Line Right-Of-Way, not
County maintained ." (Department of Public Works)
20 . Show and label all recorded easements on the map by book and page number or
reception number and date on the site plan . ( Department of Public Works)
21 . The applicant shall indicate specifically on the map the type of right-of-way/easement and
indicate whether it is dedicated , private, or deeded to provide adequate access to the
parcel . (Department of Public Works)
22 . Show and label the floodplain and floodway (if applicable) boundaries on the map. Label
the floodplain boundaries with the FE MA Flood Zone and FEMA Map Panel Number or
appropriate study . ( Department of Planning Services - Floodplain)
2 . Upon completion of Condition of Approval #1 above , the applicant shall submit one ( 1 ) paper copy or
one ( 1 ) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of
Planning Services . Upon approval of the map the applicant shall submit a Mylar map along with all
other documentation required as Conditions of Approval . The Mylar map shall be recorded in the
office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall
be prepared in accordance with the requirements of Section 23-2-260 . D of the Weld County Code.
The Mylar map and additional requirements shall be submitted within one hundred twenty ( 120) days
from the date of the Board of County Commissioners Resolution . The applicant shall be responsible
for paying the recording fee . (Department of Planning Services)
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)
RESOLUTION USRI8-0075
DISCOVERY DJ SERVICES , LLC
PAGE 6
4. The Department of Planning Services respectfully requests a digital copy of this " Use by Special
Review" , as appropriate . Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, . prj) with a
defined coordinate system (i . e. , NAD 1983 UTM Zone 13N , WGS 1984, NAD 1983 HARN StatePlane
Colorado North FIPS 0501 (US Feet) . . . . etc. ). This digital file may be sent to maps@co.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 . Any improvements or new construction in the floodplain require a Flood Hazard Development
Permit. (Department of Planning Services - Floodplain )
6. Prior to Operation :
A. Accepted construction drawings and construction of the offsite roadway improvements are
required prior to operation . (Department of Public Works)
B . 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 Bruce Sparrow.
VOTE :
For Passage Against Passage Absent
Bruce Johnson
Bruce Sparrow
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
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 .
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CERTIFICATION OF COPY
I , Michelle Wall , 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 2 , 2018.
Dated the 2nd of October, 2018
grnealatt.,
Michelle Wall
Secretary
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Discovery DJ Services , LLC
USRI 8-0075
1 . A Site-Specific Development Plan and Use by Special Review Permit, USR18-0075 , for a greater than 12-
inch high pressure natural gas pipeline (20-inch Natural Gas Pipeline) approximately 15 miles in length in
the A (Agricultural) Zone District, subject to the Development Standards stated hereon . (Department of
Planning Services)
2 . Approval of this plan may create a vested property right pursuant to Section 23-8- 10 of the Weld County
Code. (Department of Planning Services)
3. The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15th of any given year signed by representatives for the Fire District and
the Weld County Office of Emergency Management to the Department of Planning Services. (Department
of Planning Services)
4. 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 . (Department of Public Health and Environment)
5. 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. (Department of Public Health and Environment)
6. During construction , waste materials shall be handled , stored , and disposed in a manner that controls
fugitive dust, fugitive particulate emissions , blowing debris, and other potential nuisance conditions. The
facility shall operate in accordance with Chapter 14 , Article 1 of the Weld County Code. ( Department of
Public Health and Environment)
7. 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 . (Department of Public Health and Environment)
8. 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. (Department of Public Health and Environment)
9. 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. (Department of Public Health and Environment)
10 . The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code . (Department of Public Health and Environment)
11 . Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where
such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the
plan . Neither the direct, nor reflected , light from any light source may create a traffic hazard to operators
of motor vehicles on public or private streets. No colored lights may be used which may be confused with ,
or construed as , traffic control devices . (Department of Planning Services)
12 . The property owner shall control noxious weeds on the site. (Department of Public Works)
13 . During construction , the access(s) to the site shall be maintained to mitigate any impacts to the public
road including damages and/or offsite tracking . ( Department of Public Works)
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14 . During construction , there shall be no parking or staging of vehicles on public roads. On-site parking shall
be utilized . (Department of Public Works)
15 . 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)
16 . 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)
17 . 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)
18 . 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)
19 . The historical flow patterns and runoff amounts on site will be maintained . (Department of Public Works)
20 . A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency► Management Agency (FEMA) FIRM
Community Panel Map. Any development shall comply with all applicable Weld County requirements ,
Colorado Water Conservation Board requirements as described in Rules and Regulations for Regulatory
Floodplains in Colorado , and FEMA regulations and requirements as described in 44 CFR parts 59, 60,
and 65 . The FEMA definition of development is any man-made change to improved or unimproved real
estate, including but not limited to buildings or other structures , mining , dredging , filling , grading , paving ,
excavation , drilling operations, or storage of equipment and materials . (Department of Planning Services -
Floodplain)
21 . FEMA's floodplain boundaries may be updated at any time by FE MA. 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 )
22 . 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 )
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 USR18-0075
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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 livelihood .
A V\A-S EXHIBIT . _
r
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING a
ScZ t , --40075
Tuesday. October 2. 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 , Lonnie Ford, Michael Wailes, Richard Beck. Tom
Cope.
Absent: Elijah Hatch, Gene Stille
Also Present: Kim Ogle, Chris Gathman, Michael Hall, Angela Snyder, Department of Planning Services;
Lauren Light and Ben Frissell, Department of Health: Evan Pinkham, Public Works: Frank Haug, County
Attorney, and Michelle Wall, Secretary.
The Chair called a recess at 2 : 52 p. m. and reconvened the hearing at 3: 05 p.m.
CASE NUMBER: USR18-0075
APPLICANT: DISCOVERY DJ SERVICES, LLC
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL
REVIEW PERMIT FOR A GREATER THAN 12-INCH HIGH PRESSURE
NATURAL GAS PIPELINE (20-INCH NATURAL GAS PIPELINE)
APPROXIMATELY 15 MILES IN LENGTH IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: THE PIPELINE CROSSES SECTIONS 21 , 25, 26, 27, AND 28. T1 N ,
R65W; SECTIONS 25, 26, 27, 28, . 29, AND 30, T1 N. R64W; AND
SECTIONS 30, 31 . AND 32, T1 N , R63W: ALL OF THE 6TH P. M. , WELD
COUNTY, COLORADO.
LOCATION : PIPELINE WILL BE LOCATED BETWEEN COUNTY ROAD 8 ON THE
NORTH, COUNTY ROAD 2 (WELD COUNTY LINE) ON THE SOUTH,
INTERSTATE 76 ON THE WEST AND COUNTY ROAD 65 ON THE
EAST.
Chris Gathman , Planning Services. presented Case USR18-0075. reading the recommendation and
comments into the record. The Planning Department received a letter of objection from the Wild Animal
Sanctuary with concerns about the validity and the location of the easement. In response, the applicant
provided the Planning Department with an affidavit of notice of right- of-way agreement. 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 existing traffic, access to the site and drainage conditions for
the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on-site
dust control. and the Waste Handling Plan.
Matt Norton , 3601 Stagecoach Road, Longmont, Colorado. representing the applicant. The East Lochbuie
gas pipeline is a 20-inch pipeline transporting natural gas. The pipeline originates in Arapahoe County and
crosses into Weld County at East 168' Avenue and County Road 63. The length of the pipeline is
approximately 12 miles long . The pipeline will extend north and west then terminate approximately 2.000
feet east of I-76, between the Towns of Hudson and Lochbuie, Colorado. The system is monitored 24/7 by
trained operators.
Commissioner Sparrow asked where the gas flowed from and to. Mr. Norton responded that the line could
flow in either direction but the predominant location of flow will be from west to east.
The Chair asked the applicant to explain cathodic protection. The applicant explained that cathodic
protection can be done in a couple different ways. The preferred method that they will be using is impressed
current. The exterior of the buried pipeline is coated with a fusion bonded epoxy where the wells connect.
Commissioner Johnson asked Mr. Norton if they have their access for the pipeline. Mr. Norton said that is
part of the right of way agreement. They are in the process of getting a couple right-of-way agreements.
Commissioner Holland asked the applicant if they are required to obtain a permit from the Colorado Parks
and Wildlife or US Fishing Wildlife Services for construction of the project. The applicant responded that if
they were crossing any of their projects or existing land, then they would have a crossing agreement with
them. Commissioner Holland asked Mr. Norton if they were crossing any wetlands or streams. The
applicant said if they were open cutting then they would have to do a nation-wide permit but they are going
to bore underneath it which does not require a crossing agreement. Surveys are done to make sure there
are no threats to endangered species. Mr. Norton said they do have a Weld County floodplain permit.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Pat Craig, 1946 County Road 53, Keenesburg, Colorado, Executive Director of the Wild Animal Sanctuary.
Mr. Craig explained the pipeline is proposed to go across a portion of their recently acquired property. The
previous landowner was in negotiations with the pipeline company at the same time he was selling the
property. He said he would like the applicant to avoid their property for the concern of safety for the public,
private property, disturbing wildlife and added that there are three residences near the pipeline. Mr. Craig
would like them to re-route the pipeline. He said they do not have a right-of-way agreement with the
applicant.
Commissioner Ford asked Mr. Craig if there was anything on the land they just purchased. The applicant
replied they have fenced the property and have one camel and some horses on the property. They plan to
have lions and tigers on the property. Commissioner Ford asked him if he was concerned about the
construction phase. Mr. Craig said they have had other pipelines go through their property before there
were animals and he has seen the disruption that goes on and all the equipment that is used.
The Chair asked the applicant to address Mr. Craig's concerns. The applicant said they make sure they
do not disturb nesting eagles. Mr. Norton, said the easement has been recorded and goes with the land.
He said the company has let the landowner know the cost associated with re-routing the pipeline to acquire
a new right-of-way. The company would lose the money they have already invested with the current right-
of-way. Mr. Norton said the landowner was aware of the easement and negotiation with the pipeline at the
time they purchased the property. He said they have provided the Planning Department with an affidavit
that attests to that.
Commissioner Beck asked the applicant if they have a bought and paid for easement from the previous
landowner. Mr. Norton replied that was correct. Commissioner Beck asked the applicant if they have
shown the new landowner the easement. The applicant said they submitted an affidavit to the Planning
Commission that the new landowner was made aware at the time of disclosure. Commissioner Beck asked
how many easements there were. Mr. Norton said there are two easements that he is aware of. There is
one easement they will follow along with a powerline and the easement for their pipeline.
Commissioner Johnson asked if the date of the signed easement and the date of the property sale are
within days of each other. The applicant replied he did not know how the two dates compare.
Mr. Gathman said he would like to recommend one minor modification on Condition of Approval 1.D. Mr.
Gathman would like to change the wording from "lease agreements"to "easement agreements".
The Chair asked the Planning Commission if they had an issue with the Staff making the correction of the
Condition of Approval 1.D. to read "easement agreements". Since there were none, the Chair stated the
correction be made.
The Chair asked the applicant if they have read through the 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 USR18-0075 to the Board of County Commissioners along with the corrected
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Tom Cope, Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Bruce Sparrow, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland,Tom Cope.
Commissioner Wailes believed that the applicant has shown compliance with Section 23-2-220.
Meeting adjourned at 4:31 pm.
Respectfully submitted,
qnkCUGf-emsMichelle Wall
Secretary
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