HomeMy WebLinkAbout20180722.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0077, FORA GREATER THAN 12 -INCH HIGH PRESSURE NATURAL
GAS PIPELINE APPROXIMATELY FOUR (4) MILES LONG IN THE
A (AGRICULTURAL) ZONE DISTRICT - GREEN RIVER DEVCO, LP
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 21st day of
March, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Green River DevCo, LP, 1625 Broadway #2200, Denver, CO 80202, for a Site
Specific Development Plan and Use by Special Review Permit, USR17-0077, for a greater than
12 -inch high pressure natural gas pipeline approximately four (4) miles long in the A (Agricultural)
Zone District, on the following described real estate, being more particularly described as follows:
The Pipeline will commence in the NE1/4 of Section
12, Township 3 North, Range 65 West and cross
north into Section 1 then head into Section 36,
Township 4 North, Range 65 West and crossing into
Sections 25 and 24, then turning east into Section
19 and crossing north into Section 18, Township 4
North, Range 64 West of the 6th P.M., Weld County,
Colorado, and terminating at the DCP Operating LP
Crossroads Compressor Station
WHEREAS, at said hearing, the applicant was present and represented by Pam Hora,
Tetra Tech, 1900 South Sunset Street, Suite #1 E, Longmont, CO 80501, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved 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 Board of County Commissioners that the applicant has
shown compliance with Section 23-2-490 of the Weld County Code as follows:
A. Section 23-2-490.A — All reasonable efforts have been made to avoid
irrigated cropland or to minimize the negative impacts on agricultural uses
and lands.
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1) Section 22-5-100.A.1 (O.G. Policy 1.1) states: "The County should
encourage cooperation, coordination and communication between
the surface owner and the mineral owner/operations with respect to
any developments of either the surface or the mineral estate." The
Colt to Crossroads Gas Pipeline is surrounded by land uses
primarily associated with the Agriculture Zone. 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 range homes
and large lot single family homes. Other than County roads, the
pipeline will not travel through or underneath any significant
structure. Green River will agree to an easement with each property
owner that the pipeline crosses in order to ensure that the pipeline
is compatible with the land the pipeline crosses. By agreeing to an
easement with each landowner, Green River is committed to
working with all landowners along the pipeline route to ensure that
the pipeline will not adversely impact any property along the route.
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 off -site. Green River DevCo,
LP, and Noble Midstream Services, LLC, [Green River — Noble
Midstream] indicates that they will repair and/or replace any
facilities damaged or removed during the placement of the pipeline.
The preferred pipeline route minimizes environmental impacts such
as wetland areas, water bodies, floodplains and agricultural lands.
The selected route is sited on plowed fields and pivot irrigation
systems.
B. Section 23-2-490.6 — The pipeline will not have an undue adverse effect
on existing and future deve►opment of the surrounding area, as set forth in
applicable Master Plans. The pipeline is not located within the three (3) mile
referral area of a municipality or County.
C. Section 23-2-490.C — 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, whereas any alternative alignments would require new easements
to be negotiated and involve crossings that may result in greater
environmental impacts in certain locations. The preferred pipeline route
minimizes environmental surface impacts.
D. Section 23-2-490.D — 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.
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Best Management Practices (BMPs) will be required for all construction
areas, including erosion control methods, dust suppression, et cetera.
E. Section 23-2-490.E -- 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. Green River — Noble Midstream will clearly mark the pipeline
centerline with markers placed at line -of -site intervals and at all road and
canal 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.
Green River — Noble Midstream also participate 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
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identify Green River — Noble Midstream 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 Green River — Noble Midstream
operations and control center that is staffed 24 hour/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, Green River — Noble Midstream 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 Green
River — Noble Midstream would implement their internal safety response
procedures, including dispatching trained personnel to the site of the
emergency.
F. Section 23-2-490.F —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 applicant reviewed alternative pipeline
locations. The preferred route utilizes a pipeline right-of-way corridor
negotiated through agreements with private property owners. The applicant
has proposed two alternatives for this pipeline in Section 25, Township 4
North, Range 65 West to accommodate property owners.
G. Section 23-2-490.G — 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 Desktop Environmental Review prepared by SWCA Environmental
Consultants dated February 13, 2018, for the Colt to Crossroads Pipeline
project route for a specific site assessment of the biological, aquatic and
cultural resources adjacent to the proposed pipeline route. The purpose of
this review was to identify any significant natural or cultural resource
constraints or risks associated with the development of the pipelines.
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Colorado Parks and Wildlife returned a referral date January 6, 2018,
indicating no conflict with their interests and History Colorado did not return
a referral response.
H. Section 23-2-490.H — 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 Planning Services engineering
review which stated a drainage plan will be not be required for this project.
Section 1.A.5 of the drainage criteria provides an exception for pipelines
and transmission lines. Green River — Noble Midstream 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 the health, safety, and welfare of the inhabitants of the
neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Green River DevCo, LP, for a Site Specific Development
Plan and Use by Special Review Permit, USR17-0077, for a greater than 12 -inch high pressure
natural gas pipeline approximately four (4) miles long in the A (Agricultural) Zone District, on the
parcel of land described above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the map:
A. A copy of the signed and recorded (construction and post -construction)
lease agreements (or other acceptable authorization from property owner)
for pipeline right-of-way (easements) shall be submitted to the Department
of Planning Services.
B. An Improvements and Road Maintenance Agreement is required for off -site
improvements at this location 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 one -half -mile
of any construction access point for the project. The agreement shall
ensure the pipeline operator bears the risks of defects related to the
pipeline on County Road 49.
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0077.
2) The attached Development Standards.
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3) The map shall be prepared in accordance with Section 23-2-520 of
the Weld County Code.
4) The final location of the permanent gas pipeline easement with
dimension of permanent easement, property ownership, parcel
number, and all easements of record.
5) County Road 38 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
call out the existing right-of-way on the USR map. All setbacks shall
be measured from the edge of right-of-way. This road is maintained
by Weld County.
6) County Road 40 section line is shown to have 60 feet of
unmaintained section line right-of-way per the Weld County GIS
right-of-way map. The applicant shall note the existing right-of-way
on the USR map. All setbacks shall be measured from the edge of
right-of-way. Show and label the section line right-of-way as "CR
40 Section Line Right -of -Way, not County maintained."
7) County Road 42 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.
8) County Road 44 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
call out the existing right-of-way on the USR map. All setbacks shall
be measured from the edge of right-of-way. This road is maintained
by Weld County.
9) County Road 49 is designated as a County Highway, pursuant to
Section 43-2-110(1.5), C.R.S., and on the Weld County Functional
Classification Map as an arterial road which typically requires
140 feet of right-of-way. 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 note these on the USR map.
10) Show and label the section line Right -of -Way as "CR 36 Section
Line Right -of -Way, not County maintained." County Road 36
Section Line is shown to have 60 feet of unmaintained section line
right-of-way, per the Weld County GIS right-of-way map. The
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applicant shall note the existing right-of-way on the USR map. All
setbacks shall be measured from the edge of the right-of-way.
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.
12) The maps shall be delineated to show detail at any areas where the
pipeline is within existing or future right-of-way. If the pipeline is not
within existing or future right-of-way, this shall be notated with the
Development Standards.
13) Show and label all recorded easements on the map by book and
page number or reception number and date on the plan.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit an
electronic version (.pdf), or one (1) paper copy, of the plat to the Weld County
Department of Planning Services for preliminary approval. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. Upon approval of the plat, the applicant shall submit a Mylar plat,
along with all other documentation required as Conditions of Approval. The Mylar
plat and additional requirements shall be submitted within one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution. The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder
by the Department of Planning Services. The applicant shall be responsible for
paying the recording fee.
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 be added for each additional three (3)
month period.
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.
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed for construction of non -pipeline
items, a Weld County Grading Permit will be required.
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.
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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.
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of March, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WEL[,COUNTY, COLORADO
ATTEST: ditiLvt) •�
Weld County Clerk to the Board
APP::•:D AS
ounty Attorney
Mike Freeman
Date of signature: 014-2-l1
Steve Moreno, Cha.
arbara Kirkmey1er, Pro-Te
Sean P. Conway
EXCUSED
Julie A. Cozad
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GREEN RIVER DEVCO, LP
USR17-0077
1. The Site Specific Development Plan and Use by Special Review Permit, USR17-0077, is
for a greater than 12 -inch high pressure natural gas pipeline approximately four (4) miles
long in the A (Agricultural) Zone District, subject to the Development Standards stated
hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. The 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.
4. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
5. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
6. There shall be no parking or staging of vehicles on public roads during construction.
On -site parking shall be utilized.
7. The historical flow patterns and runoff amounts on the site will be maintained.
8. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall acquire any approved Right -of -Way Use Permit prior to commencement.
9. Any pipeline crossing an arterial road shall be bored with a minimum of twenty (20) feet
below arterial roads, fifteen (15) feet below collector roads, and ten (10) feet below local
roads. This depth shall be measured below the lowest roadside ditch flowline elevation.
10. Weld County is not responsible for the maintenance of on -site drainage related features.
11. Any damage incurred to the right-of-way related to the pipeline will be the responsibility of
the operator.
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 2014 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.
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13. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal
Sites and Facilities Act, Section 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.
14. 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, Section 30-20-100.5, C.R.S.
15. During construction, waste materials shall be handled, stored, and disposed of in a
manner that controls fugitive dust, blowing debris, and other potential nuisance conditions.
The facility shall operate in accordance with Chapter 14, Article I, of the Weld County
Code.
16. Fugitive dust and fugitive particulate emissions shall be controlled along the construction
route. Uses on the property should comply with the Colorado Air Quality Commission's Air
Quality Regulations.
17. 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 of the
Colorado Department of Public Health and Environment, as applicable.
18. During construction, adequate handwashing and toilet facilities shall be provided. Portable
toilets are acceptable. Portable toilets shall be serviced by a cleaner licensed in Weld
County and shall contain hand sanitizers.
19. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
20. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
21. During construction, 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.
22. 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.
23. 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.
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24. 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 persons moving into these areas
must recognize the various impacts associated with this development. Oftentimes, 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.
25. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
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