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LAND USE APPLICATION
SUMMARY SHEET
Kim Ogle
USR18-0103
DJ South Gathering, LLC, 1600 Broadway, Suite 2400, Denver, CO 80202
c/o Ryder Reddick, Tetra Tech, 1900 S. Sunset Street, Suite 1E, Longmont, CO 80501
Hearing Date: December 4, 2018
A Site Specific Development Plan and Use by Special Review Permit for a greater than
13 -inch crude oil pipeline (20 -inch diameter) approximately thirty (30) miles in length,
with up to five (5) construction office trailers and ten (10) conex containers for use
during construction of the facility in the A (Agricultural) Zone District. (Matador
Pipeline)
The pipeline will cross multiple sections including Sections 5, 6, 7, 8, 15, 16, 17, 22, 26,
27 and 35 Township 1 Range 64W; Sections 18, 19, 30 and 31, Township 2 Range
64W; Section 1, 2, 12 and 13, Township 2 Range 65W and Sections 25 and 36,
Township 3 Range 65 West of the 6th P.M., Weld County, CO
Location: Generally located south of County Road 30; west of County Road 61; north of County
Road 2, Adams /Weld County Line and east of County Road 45
Size of Parcel: +/- 145 acres, Operating Easement Parcel No.'s Multiple
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
VVVVVV
Henrylyn Irrigation District, referral dated October 2, 2018
Town of Hudson, referral dated October 12, 2018 and October 15, 2018
Colorado Parks & Wildlife, referral dated October 19, 2018
Weld County Department of Public Health and Environment, referral dated October 23, 2018
Weld County Department of Planning — Floodplain, referral dated October 24, 2018
Colorado Department of Transportation, referral dated October 25, 2018
Weld County Department of Public Works, referral dated October 29, 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
y Weld County Department of Planning Zoning Compliance, referral dated October 2, 2018
y SE Weld Fire Protection District, referral dated October 2, 2018
y Weld County Sheriff, referral dated October 15, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
y Adams County
y History Colorado
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Jim No. 1 Lateral
Jim No. 2 Lateral
y Town of Keenesburg
Denver Hudson Canal
Public Service of Colorado
SE Weld Conservation District
Hudson Fire Protection District
Weld County Building Inspection
Platte Valley Conservation District
Platte Valley Fire Protection District
Burlington Northern Santa Fe Railroad
Farmers Reservoir and Irrigation Company (FRICO)
Weld County Department of Emergency Management
Tri-State Generation and Transmission Association, Inc.
VVVVVVV81
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Kim Ogle Hearing Date: December 4, 2018
Case Number: USR18-0103
Applicants: DJ South Gathering, LLC, 1600 Broadway, Suite 2400, Denver, CO 80202
c/o Ryder Reddick, Tetra Tech, 1900 S. Sunset Street, Suite 1E, Longmont, CO 80501
Request:
A Site Specific Development Plan and Use by Special Review Permit for a greater than
13 -inch crude oil pipeline (20 -inch diameter) approximately thirty (30) miles in length,
with up to five (5) construction office trailers and ten (10) conex containers for use
during construction of the facility in the A (Agricultural) Zone District. (Matador
Pipeline)
The pipeline will cross multiple sections including Sections 5, 6, 7, 8, 15, 16, 17, 22, 26,
Legal 27 and 35 Township 1 Range 64W; Sections 18, 19, 30 and 31, Township 2 Range
Description: 64W; Section 1, 2, 12 and 13, Township 2 Range 65W and Sections 25 and 36,
Township 3 Range 65 West of the 6th P.M., Weld County, CO
Location: Generally located south of County Road 30; west of County Road 61; north of County
Road 2, Adams /Weld County Line and east of County Road 45
Size of Parcel:
Case Summary:
+/- 145 acres, Operating Easement Parcel No.'s Multiple
DJ South Gathering LLC, (DJSG) a subsidiary company of ARB Midstream, LLC is a crude oil, natural
gas and refined products transportation company that operates approximately 140 miles of pipelines in
Weld and Larimer Counties and is looking to permit the Matador crude oil pipeline
The preferred route pipeline will cross multiple County Roads and Section Line Roads, two CDOT road
right-of-way crossings locations and two Town of Hudson road right-of-way crossing locations.
Appropriate permits from Weld County Public Works for crossing Weld County right-of-way and Weld
County Planning Services for the floodplain will be obtained prior to construction. A permanent easement
that is thirty to fifty (30-50) feet in width would be obtained to accommodate the crude oil pipeline being
permitted under this USR application.
The preferred route is approximately 30 miles long. During construction of the pipeline, a 75 -foot strip of
land along the alignment will be disturbed and then reclaimed following installation (272 +/- acres). DJ
South Gathering LLC has acquired a permanent easement along the pipeline route, the width of which is
on average 40 -foot (145 +/- acres) easement.
The route bypasses the more populated areas of unincorporated Weld County with a lesser impact to
existing encumbrances and residential areas and was deemed to be the most direct and will be placed
on properties owned by landowners who have granted easements.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
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1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-480 of the Weld County Code as follows:
A. Section 23-2-480.A.1 — All reasonable efforts have been made to avoid irrigated cropland or to
minimize the negative impacts on agricultural uses and lands.
The application indicates that the pipeline will be located to minimize impacts on the operation of
irrigation equipment. All soils removed for installation of the pipeline will be returned to their
original location and will not be moved offsite. DJSG 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 Hudson, Keenesburg and
Adams County. The Town of Hudson returned a referral dated October 12, 2018 with a second
referral providing clarifying comments dated October 15, 2018 indicating the applicant shall obtain
a Floodplain Development Permit and a Right -of -Way Permit from the Town prior to the
commencement of construction. The Town of Keenesburg and Adams 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 October 24, 2018, the applicant shall submit a floodplain permit prior to installing the
pipeline and delineate the floodplain and floodway (if applicable) boundaries on the map.
D. Section 23-2-480.A.4 — The site shall be maintained in such a manner so as to control soil
erosion, dust and the growth of noxious weeds.
The Conditions of Approval and Development Standards will ensure that there is no fugitive dust
or erosion and will ensure the control of noxious weeds. Best Management Practices (BMPs) will
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
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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.
Crude oil pipelines are an extremely safe way to transport energy. The Matador Pipeline is being
designed to exceed DOT regulations. The 20 -inch Matador Pipeline will transport crude oil and
will be engineered to operate at a Maximum Allowable Operating Pressure (MAOP) of 1480 psi
with Maximum Operating Pressure (MOP) of 740 psi and is designed to transport up to 160,000
barrels per day with ability to increase capacity in the future.
The pipeline will employ automated pressure shut down systems and leak monitoring equipment.
ARB employs an independent safety team who is trained in operations, maintenance and
emergency response related to the pipeline. All operations, training, qualifications and any
required responses are strictly defined by the US Department of Transportation's Pipeline and
Hazardous Materials Safety Administration and followed by ARB. The transportation of crude oil
via pipeline is generally safer than other potential modes of transport. The company estimates
transportation of crude oil via pipeline vs. traditional trucking will eliminate approximately 2.22MM
trucks from Weld County roads in the first ten years of the project.
DJSG 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. DJSG 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 DJSG 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 DJSG 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 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, DJSG 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 DJSG
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
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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. DJ South
Gathering, LLC 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, DJ South Gathering, LLC 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.
Colorado Parks and Wildlife returned a referral dated October 19, 2018 stating 'Colorado Parks
and Wildlife has a statutory responsibility to manage all wildlife species in Colorado, and to
promote a variety of recreational opportunities throughout Colorado.
Construction of this pipeline has the potential to impact wildlife. A bald eagle nest is located in
close proximity to this project at T1N R64W Section17. To minimize disturbance to bald eagle
nests CPAW recommends no construction activity within 1/2 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 31' 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 with raptor nests or the potential for nests. One such nest is a Swainson's
hawk nest near Weld County Road 30 and County Road 49. 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,
CPAW has developed a set of guidelines to minimize disturbance to nesting raptors.
Wetlands, creeks, and rivers are of high value to many different species of wildlife and should be
protected from disturbance. It appears that this pipeline will cross Box Elder Creek just south of
Weld County Road 22 and west of County Road 49. To preserve the integrity and ecological
function of the creek, CPAW recommends that trenchless construction or boring technics be
utilized to go under this creek and adjacent wetland habitats. The U.S. Army Corps of Engineers
should be consulted prior to any disturbance to wetlands.
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."
H. Section 23-2-480.A.8 — No adverse impact, from stormwater runoff, to the public rights -of -way
and/ or surrounding properties as a result of the pipeline.
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The applicant will be required to maintain historic flow patterns and runoff amounts, per the
Department of Public Works review. Pipelines are excepted from the requirements of a drainage
report and detention pond design under 23-12-30.F.1.a.5 for pipelines or transmission lines.
DJ South Gathering, LLC acknowledges in their application that the historical flow patterns and
runoff amounts will be maintained on the site or in such a manner that it will reasonably preserve
the natural character of the area and prevent property damage of the type generally attributed to
run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm
run-off.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-
2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that
there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of
the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the map:
A. A Road Maintenance Agreement is required during the construction of the pipeline. Road
maintenance may include dust control, tracking control, damage repair attributable to construction
of the pipeline and located within 0.5 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 USR18-0103 (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 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 10 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 51 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
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measured from the edge of right-of-way. This road is maintained by Weld County.
(Department of Public Works)
8. County Road 51 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)
9. County Road 18 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)
10. The County Highway is designated on the Weld County Functional Classification Map as an
arterial road which typically requires 140 feet of right-of-way at full build out. The alignment of
the road widening project varies along the section line for the corridor. Contact Public Works
for the location of the existing and future right-of-way and easements and delineate these on
the site plan. (Department of Public Works)
11. 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)
12. Show and label the section line Right -of -Way as "CR XX Section Line Right -Of -Way, not
County maintained." (Department of Public Works)
13. Show and label the Henrylyn Irrigation District crossing agreement reception number for the
subsurface water pipeline. (Department of Planning Services)
14. Show and label the Jim Lateral No. 1 and No. 2 crossing agreement reception number, as
applicable. (Department of Planning Services)
15. Show and label the Denver Hudson Canal crossing agreement reception number, as
applicable. (Department of Planning Services)
16. Show and label the Public Service of Colorado crossing agreement reception number, as
applicable. (Department of Planning Services)
17. Show and label the Burlington Northern Santa Fe Railroad crossing agreement reception
number, as applicable. (Department of Planning Services)
18. Show and label the Tri-State Generation and Transmission Association, Inc. crossing
agreement reception number, as applicable. (Department of Planning Services)
19. Show and label the Colorado Department of Transportation crossing agreement reception
number, as applicable. (Department of Planning Services)
20. 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)
21. 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)
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22. Show and label the future right-of-way for all roads within the municipality of Hudson. (Town
of Hudson)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit 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 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. 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. The applicant shall submit written evidence of the conditionally approved Town of Hudson Flood
Hazard Permit prior to installing the pipeline or for any improvements, as applicable. (Town of
Hudson)
F. The applicant shall submit written evidence of the conditionally approved Town of Hudson right-
of-way permit prior to installing the pipeline or for any improvements, as applicable. (Town of
Hudson)
G. The applicant shall submit a copy of the signed Henrylyn Irrigation District crossing agreement/
easement or provide a letter that an adequate attempt has been made to mitigate the concerns of
the ditch company or a letter indicating no agreement is necessary to the Department of Planning
Services. (Department of Planning Services)
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H. The applicant shall submit a copy of the signed Jim Lateral No. 1 and No. 2 crossing agreement/
easement or provide a letter that an adequate attempt has been made to mitigate the concerns of
the ditch company or a letter indicating no agreement is necessary to the Department of Planning
Services. (Department of Planning Services)
I. The applicant shall submit a copy of the signed Denver Hudson Canal crossing agreement/
easement or provide a letter that an adequate attempt has been made to mitigate the concerns of
the ditch company or a letter indicating no agreement is necessary to the Department of Planning
Services. (Department of Planning Services)
J. The applicant shall submit a copy of the signed Public Service of Colorado crossing agreement/
easement or provide a letter that an adequate attempt has been made to mitigate the concerns of
the company or a letter indicating no agreement is necessary to the Department of Planning
Services. (Department of Planning Services)
K. The applicant shall submit a copy of the signed Burlington Northern Santa Fe Railroad crossing
agreement/ easement or provide a letter that an adequate attempt has been made to mitigate the
concerns of the company or a letter indicating no agreement is necessary to the Department of
Planning Services (Department of Planning Services)
L. The applicant shall submit a copy of the signed Tri-State Generation and Transmission
Association, Inc. crossing agreement/ easement or provide a letter that an adequate attempt has
been made to mitigate the concerns of the company or a letter indicating no agreement is
necessary to the Department of Planning Services. (Department of Planning Services)
M. The applicant shall submit a copy of the signed Colorado Department of Transportation crossing
agreement/ easement or provide a letter that an adequate attempt has been made to mitigate the
concerns of the company or a letter indicating no agreement is necessary to the Department of
Planning Services. (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)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DJ South Gathering LLC
USR18-0103
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0103, for a greater
than 13 -inch crude oil pipeline (20 -inch diameter) approximately thirty (30) miles in length, with up to
five (5) construction office trailers and ten (10) conex containers for use during construction of the
facility 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' 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 Weld County road shall be bored at a minimum depth of ten (10)
feet. This depth shall be measured below the lowest roadside ditch Bowline elevation to the crown of
the pipe, and 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. Buildings and structures shall conform to the requirements of the various codes adopted at the time of
permit application. Building permits may be required, per Section 29-3-10 of the Weld County Code.
Currently the following has been adopted by Weld County: 2012 International Building Code; 2012
International Mechanical Code; 2012 International Plumbing Code: 2012 International Fuel Gas
Code; 2006 International Energy Conservation Code; 2017 National Electrical Code; 2009 ANSI
117.1 Accessibility Code and Chapter 29 of the Weld County Code. (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. (Department of Public Health and
Environment)
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. (Department of Public Health and
Environment)
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.
(Department of Public Health and Environment)
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. (Department of Public Health and
Environment)
20. 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).
21. 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)
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
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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.
26. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners.
27. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy; (b) the populous counties of the
state face a critical shortage of such deposits; and (c) such deposits should be extracted according to
a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and quality of life of the citizens of the populous counties of the state.
Mineral resource locations are widespread throughout the County and person moving into these
areas must recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these resources
are protected property rights and mineral owners should be afforded the opportunity to extract the
mineral resource.
28. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in
total market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town. Along with the drawbacks come the incentives
which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city
noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those
features which attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and county roads outside of municipalities. The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than on
patrols of the County, and the distances which must be traveled may delay all emergency responses,
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including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who
must leave their jobs and families to respond to emergencies. County gravel roads, no matter how
often they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
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November 1, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
JOHNSON ANNE
1560 BROADWAY STE 1400
DENVER, CO 80202
Subject: USR18-0103 - A Site Specific Development Plan and Special Review Permit for a greater than
13 -inch, (up to 20 -inch crude oil) pipeline approximately thirty (30) miles long in the A (Agricultural) Zone
District
On parcel(s) of land described as:
THE PIPELINE WILL CROSS SECTIONS 5, 6, 7, 8, 15, 16, 17, 22, 26, 27, and 35, T1 N, R64W;
SECTIONS 18, 19, 30, and 31, T2N, R64W; SECTIONS 1, 2, 12, and 13, T2N, R65W; SECTIONS 25
and 36, T3N, R65W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on December 4, 2018, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on December 19,
2018 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
Kim Og
Planner
October 1, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: kogle@weldgov.com
PHONE: (970) 400-3549
FAX: (970) 304-6498
JOHNSON ANNE
1560 BROADWAY STE 1400
DENVER CO 80202
Subject: USR18-0103 - A Site Specific Development Plan and Special Review Permit for a greater than
13 -inch, (up to 20 -inch crude oil) pipeline approximately thirty (30) miles long in the A (Agricultural) Zone
District
On parcel(s) of land described as:
THE PIPELINE WILL CROSS SECTIONS 5, 6, 7, 8, 15, 16, 17, 22, 26, 27, and 35, T1N, R64W;
SECTIONS 18, 19, 30, and 31, T2N, R64W; SECTIONS 1, 2, 12, and 13, T2N, R65W; SECTIONS 25
and 36, T3N, R65W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Hudson at Phone Number 303-536-9311
Keenesburg at Phone Number 303-732-4281
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
Kim Og
Planner
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