HomeMy WebLinkAbout20183979.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0098, FORA GREATER THAN 12-INCH HIGH PRESSURE NATURAL
GAS PIPELINE (24-INCH HIGH PRESSURE NATURAL GAS PIPELINE) IN THE
A (AGRICULTURAL) ZONE DISTRICT- ROCKY MOUNTAIN MIDSTREAM, LLC
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 19th day of
December, 2018, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Rocky Mountain Midstream, LLC, 7859 Walnut Hill Lane, Suite 335,
Dallas, Texas 75230, for a Site Specific Development Plan and Use by Special Review Permit,
USR18-0098, for a greater than 12-inch High Pressure Natural Gas Pipeline (24-inch high
pressure natural gas pipeline) in the A (Agricultural) Zone District, on the following described real
estate, being more particularly described as follows:
The pipeline will cross Sections 14, 15, 16, 20, 21,
29, and 30, Township 1 North, Range 67 West of the
6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Matt Norton, 3601
Stagecoach Road, Longmont, Colorado 80504, and
WHEREAS, Section 23-2-440 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 23-2-500 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 states: "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 impacts to agricultural
(cultivated) lands will be temporary. The majority of the pipeline route is
located along property boundaries and County rights-of-way that minimizes
the amount of agricultural land crossed by the pipeline. The Use is in an
area that can support this development and the existing screening, the
Conditions of Approval, and the Development Standards will assist in
cc: PLCCG/TP),PwCrnr( ), CHCLL), caC6C), 2018-3979
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mitigating the impacts of the facility on the adjacent properties and ensure
compatibility with surrounding land uses and the region.
B. Section 23-2-490.6 states: "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 three (3) mile referral areas of the City and County of Broomfield, Cities
of Dacono, Fort Lupton and Northglenn, and Town of Erie. The City of Fort
Lupton, in the referral dated September 26, 2018, is requesting future right-
of-way of 110 feet for County Roads 8 and 19 and future right of-way of 85
feet for County Road 21 as identified in the Fort Lupton Transportation
Plan. The Town of Erie indicated no conflict with their interests in the
referral response dated October 1, 2018. No referral responses have been
received from the City and County of Broomfield or City of Northglenn
regarding this case.
C. Section 23-2-490.C states: "The design of the proposed pipeline mitigates
negative impacts on the surrounding area to the greatest extent feasible."
The pipeline follows property lines in most locations to minimize disruption
to croplands and agricultural operations. The application indicated that
following construction, the right-of-way and disturbed areas will be restored
to their pre-construction conditions and contours. 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. 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 23-2-490.D states: "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 BMPs described in the
Stormwater Management Plan (SWMP) for sediment and erosion control
along the right-of-way. Water will be used for dust mitigation and will be
obtained from water trucks. Invasive and noxious weeds will be controlled
after construction to control the propagation of noxious weeds.
E. Section 23-2-490.E states: "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 horizontal drill
(avoiding surface impacts); all pipelines will be buried to provide 48 inches
of cover or Public Works standards; BMPs outlined in the SWMP plan will
be utilized including silt fencing, straw wattles, hay bales, or a combination
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of these items. 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 23-2-490.F states: "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 23-2-490.G states: "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, in the referral dated
October 19, 2018, stated that there is a bald eagle nest located in close
proximity to the property. Parks and Wildlife recommended that
construction take place outside of January 1st through July 31st of any year
to minimize disturbance of the nest. If construction is to occur during this
time frame, the U.S. Fish and Wildlife Service should be contacted. A raptor
survey is recommended to be conducted if construction is to occur between
February 1st and July 31st. Parks and Wildlife recommended avoiding any
wetlands and developing a weed management plan. No referral response
has been received from the Colorado Historical Society (History Colorado).
H. Section 23-2-490.H states: "No adverse impact, from storm water 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 these items depending on the area. All County
road crossings will be completed with 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 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 Rocky Mountain Midstream, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0098, for a greater than 12-inch
High Pressure Natural Gas Pipeline (24-inch high pressure natural gas pipeline) in the
A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
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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
one half (0.5) mile of any construction access point for the project.
B. A copy of the signed and recorded (construction and post-construction)
easement agreements (or other acceptable authorization from property
owner) for pipeline right-of-way (easements) shall be submitted to the
Department of Planning Services.
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0098.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) County Road 6 is a paved road and is designated on the Weld
County Functional Classification Map (Code Ordinance #2017-01)
as a collector road, which requires 80 feet of right-of-way. The
applicant shall delineate the future and existing right-of-way, and
the physical location of the road on the site map or plat. If the
right-of-way cannot be verified, it shall be dedicated. Pursuant to
the definition of setback in the Weld County Code, Chapter 23,
Article III, Section 23-3-50, the required setback is measured from
the future right-of-way line. Be aware that physical roadways may
not be centered in the right-of-way. This road is maintained by Weld
County.
5) County Road 19 is a paved road and is designated on the Weld
County Functional Classification Map (Code Ordinance 2017-01)
as an arterial road, which requires 140 feet of right-of-way. The
applicant shall delineate on the site map or plat the future and
existing right-of-way and the physical location of the road. If the
right-of-way cannot be verified, it shall be dedicated. Pursuant to
the definition of setback in the Weld County Code, Chapter 23,
Article Ill, Section 23-3-50, the required setback is measured from
the future right-of-way line. Be aware that physical roadways may
not be centered in the right-of-way. This road is maintained by Weld
County.
6) County Road 8 is delineated in the Fort Lupton Transportation Plan
as an Arterial Road, which requires 110 feet of right-of-way. The
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applicant shall delineate the future and existing right-of-way and the
physical location of the road on the site map or plat. If the
right-of-way cannot be verified, it shall be dedicated. Pursuant to
the definition of setback in the Weld County Code, Chapter 23,
Article III, Section 23-3-50, the required setback is measured from
the future right-of-way line. Be aware that physical roadways may
not be centered in the right-of-way. This road is maintained by Weld
County.
7) County Road 15 is a gravel road and is designated on the Weld
County Functional Classification Map (Code Ordinance #2017-01)
as a(n) local road, which requires 60 feet of right-of-way. The
applicant shall delineate the future and existing right-of-way and the
physical location of the road on the site map or plat. If the
right-of-way cannot be verified, it shall be dedicated. Pursuant to
the definition of setback in the Weld County Code, Chapter 23,
Article III, Section 23-3-50, the required setback is measured from
the future right-of-way line. Be aware that physical roadways may
not be centered in the right-of-way. This road is maintained by Weld
County.
8) County Road 17 is a gravel road and is designated on the Weld
County Functional Classification Map (Code Ordinance #2017-01)
as a(n) local road, which requires 60 feet of right-of-way. The
applicant shall delineate the future and existing right-of-way and the
physical location of the road on the site map or plat. If the
right-of-way cannot be verified, it shall be dedicated. Pursuant to
the definition of setback in the Weld County Code, Chapter 23,
Article III, Section 23-3-50, the required setback is measured from
the future right-of-way line. Be aware that physical roadways may
not be centered in the right-of-way. This road is maintained by Weld
County.
9) County Road 21 is a gravel road and is designated in the Fort
Lupton Transportation Plan as a collector road, which requires
85 feet of right-of-way. The applicant shall delineate the future and
existing right-of-way and the physical location of the road on the site
map or plat. If the right-of-way cannot be verified, it shall be
dedicated. Pursuant to the definition of setback in the Weld County
Code, Chapter 23, Article III, Section 23-3-50, the required setback
is measured from the future right-of-way line. Be aware that
physical roadways may not be centered in the right-of-way. This
road is maintained by Weld County.
10) The applicant shall 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.
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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.
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. The approved Access and Tracking Control shall be constructed at
locations that access County roads.
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.
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.
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. The applicant shall
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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of December, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dith,„ C.s EXCUSED
G St e Moreno, Chair
Weld County Clerk to the Board / .�.0
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rbara Kirkmeyer, ro-Tem ,/
BY:
Deputy CI k to the Board XCUSED
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APPROVES AS " (7/(1
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Mike Freeman
Date of signature: tf I�/l9
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ROCKY MOUNTAIN MIDSTREAM, LLC
USR18-0098
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0098, is
for a greater than 12-inch High Pressure Natural Gas Pipeline (24-inch high pressure
natural gas pipeline) 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 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.
4. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal
Sites and Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final
disposal in a manner that protects against surface and groundwater contamination.
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, C.R.S. §30-20-100.5.
6. During construction, waste materials shall be handled, stored, and disposed of 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 I, of the Weld County Code.
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.
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 of the
Colorado Department of Public Health and Environment, as applicable.
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.
10. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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
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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.
12. 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.
13. During construction, the access(s) to the site shall be maintained to mitigate any impacts
to the public road, including damages and/or off-site tracking.
14. During construction, there shall be no parking or staging of vehicles on public roads. On-
site parking shall be utilized.
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.
16. Any oil and gas pipeline crossing a maintained or unmaintained County road right-of-way
shall be bored a minimum depth of ten (10) feet, subject to approval or modification by the
Department of Public Works based on engineering and safety standards and existing
utilities in the right-of-way.
17. With exception of perpendicular crossings, oil and gas pipelines are not to be located
within Weld County rights-of-way or future rights-of-way.
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.
19. The historical flow patterns and runoff amounts on site will be maintained.
20. 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.
21. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
22. 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.
23. 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
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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.
24. The property owner or operator shall be responsible for complying with all 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.
25. 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.
26. 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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