HomeMy WebLinkAbout20182898.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: C. Gathman Hearing Date: September 4, 2018
Case Number: USR18-0055
Applicant: DCP Operating Company, LP
Representative: David Jost
Request: A Site -Specific Development Plan and Use by Special Review Permit for a greater than 12 -
inch high pressure natural gas pipeline (16 -inch High Pressure Natural Gas Pipeline)
approximately one -mile in length connecting the O'Connor Gas Plat (2MJUSR18-12-1792) to
an existing Kinder Morgan Meter Station in the A (Agricultural) Zone District.
Legal The proposed pipeline will be located in the S2 of Section 31, T5N, R64W and the SE4 of
Description: Section 36, T5N, R65W of the 6'h PM, all located in Weld County, Colorado
Location: The Pipeline is located in an area North of County Road 50, south of County Road 52, east of
County Road 47 and west of County Road 51.
Size of Parcel:
+/- acres Parcel No. Multiple Parcels
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:
y Weld County Department of Public Works, referral dated July 9, 2018
y Weld County Department of Public Health and Environment, referral dated June 28, 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
▪ Weld County Zoning Compliance, referral dated 6/11/2018
▪ Weld County Sheriff's Office, referral dated 6/22/2018
y Colorado Parks and Wildlife, referral dated 6/13/2018
▪ Greeley -Weld Airport, referral dated 6/11/2018
The Department of Planning Services' staff has not received responses from the following agencies:
"t/ "t/ "t/ "t/ "t/ "t/ "t/ "t/
Town of Kersey
Platteville-Gilcrest Fire Protection District
Colorado Oil and Gas Conservation Commission
History Colorado
LaSalle Fire Protection District
Saddle Butte Rockies Midstream
Noble Energy
West Greeley Soil Conservation District
USR18-0055, DCP Operating Company, LP, Page 1 of 8
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: C. Gathman Hearing Date: September 4, 2018
Case Number: USR18-0055
Applicant: DCP Operating Company, LP
Representative: David Jost
Request: A Site -Specific Development Plan and Use by Special Review Permit for a greater than 12 -
inch high pressure natural gas pipeline (16 -inch High Pressure Natural Gas Pipeline)
approximately one -mile in length connecting the O'Connor Gas Plat (2MJUSR18-12-1792) to
an existing Kinder Morgan Meter Station in the A (Agricultural) Zone District.
Legal The proposed pipeline will be located in the S2 of Section 31, T5N, R64W and the SE4 of
Description: Section 36, T5N, R65W of the 61h PM, all located in Weld County, Colorado
Location: The Pipeline is located in an area North of County Road 50, south of County Road 52, east of
County Road 47 and west of County Road 51.
Size of Parcel: +1- acres Parcel No. Multiple Parcels
Case Summary:
DCP is planning to construct a 16 -inch residue pipeline. The pipeline will be one (1) mile in length. The
pipeline will connect the O'Connor Gas Plant (2MJUSR18-12-1792) to an existing Kinder Morgan Facility.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST 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 Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-220 of the Weld County Code as follows:
A. Section 23-2-480.A.1 — All reasonable efforts have been made to avoid irrigated cropland
or to minimize the negative impacts on agricultural uses and lands.
DCP has made efforts to avoid actively cultivated croplands. In areas where cultivated
land could not be avoided. DCP is proposing to implement the following:
• Segregate topsoil and preserve during grading operations, and returned as
surface layer once the pipeline is installed.
• Install the pipeline in areas that avoid impacting the operation of irrigation
equipment.
• Upon completion of construction, the pipeline ROW will be seeded or left
fallow per the wishes of the property owner.
USR18-0055, DCP Operating Company, LP, Page 2 of 8
B. Section 23-2-480.A.2 — The pipeline will not have an undue adverse effect on existing
and future development of the surrounding area, as set forth in applicable Master Plans.
The proposed pipeline is located within the 3 -mile referral area and boundary of the
Kersey/Weld County Cooperative Planning Agreement (IGA). No referral response has
been received from the Town of Kersey regarding this application.
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.
Construction mitigation techniques and reseeding/stabilization after the pipeline is
installed will minimize impacts as well.
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.
DCP has indicated that they will apply for a Colorado Department of Public Health and
Environment (CDPHE) construction stormwater permit. This permit will delineate
mitigation measures and Best Management Practices (BMPs) to control soil erosion
during construction. The pipeline right-of-way will be stabilized by installing permanent
erosion controls and reseeding as soon as possible following final grading. During
construction of the project, water trucks will be used to maintain dust and control fugitive
particulate emissions.
Additionally, DCP will be required to obtain an Air Pollution Emission Notice (APEN).
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 application indicates the following mitigation measures:
• The contractor will bore beneath county roads during construction to avoid
damage to road surface and to minimize disruptions to traffic flow.
• Tracking pads will be utilized where heavy equipment is proposed to cross
paved county roads to prevent damage to road surfaces.
• Once the pipeline is installed, subsoil and topsoil (which had been
segregated from pipeline installation activities) will be placed back in the
trench and the ROW will be graded to pre -construction contours.
• Any crops damaged due to pipeline construction will be replaced by DCP
• DCP will apply for a CDPHE Construction Stormwater Permit.
• Disturbed areas will be stabilized by reseeding and installing permanent
erosion controls as soon as possible following final grading or left fallow per
land owner requests.
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 application indicated that DCP selected this route as the preferred route as it
balances environmental sensitivity, operation efficiency, cost minimization, portions of the
pipeline parallel's existing DCP pipelines and landowner approval.
USR18-0055, DCP Operating Company, LP, Page 3 of 8
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.
DCP conducted surveys for natural resource (including wildlife) and cultural/archeological
concerns. No threatened and endangered species, wetlands or waterbodies, or cultural
resources were identified.
Colorado Parks and Wildlife indicated no conflicts with their concerns in their referral
response dated June 13, 2018. No referral response has been received from the
Colorado Historical Society (History Colorado) in regard to this case.
H. Section 23-2-480.A.8 — No adverse impact, from stormwater runoff, to the public rights -
of -way and/ or surrounding properties as a result of the pipeline.
The applicant will apply for a Construction Stormwater Permit from the CDPH and
implement a Stormwater Management Plan (SWMP) and implement BMPs to minimize
stormwater runoff and soil erosion.
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 1/2 mile of any construction access point for
the project. (Department of Public Works)
B. 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. (Department of
Planning Services)
C. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0055. (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
4. 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
USR18-0055, DCP Operating Company, LP, Page 4 of 8
and easements and delineate these on the site plan. (Department of Public Works)
5. 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)
6. Show and label all recorded easements on the map by book and page number or
reception number and date on the site plan. (Department of Public Works)
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. If more than 1 acre is to be disturbed for construction of non -pipeline items, a Weld County
grading permit will be required prior to the start of construction. (Department of Public
Works)
C. 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)
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)
USR18-0055, DCP Operating Company, LP, Page 5 of 8
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DCP Operating Company, LP
USR18--0055
1. A Site -Specific Development Plan and Use by Special Review Permit, USR18-0055, for a greater
than 12 -inch high pressure natural gas pipeline (16 -inch High Pressure Natural Gas Pipeline)
approximately one -mile 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. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
5. During construction, no permanent disposal of wastes shall be permitted at this site. This is not
meant to include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and
Environment)
6. During construction, waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions.
The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code.
(Department of Public Health and Environment)
7. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration of
construction of the pipeline and until ground cover is established. Uses on the property shall comply
with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and
Environment)
8. 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)
9. 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)
10. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
11. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. Neither the direct, nor reflected, light from any light source may create a
traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be
used which may be confused with, or construed as, traffic control devices. (Department of Planning
Services)
USR18-0055, DCP Operating Company, LP, Page 6 of 8
12. The property owner shall control noxious weeds on the site. (Department of Public Works)
13. 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)
14. During construction, there shall be no parking or staging of vehicles on public roads. On -site parking
will be utilized. (Department of Public Works)
15. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works)
16. Any oil and gas pipeline crossing a county road shall be bored a minimum of twenty (20) feet below
arterial roads, fifteen (15) feet below collector and paved local roads, and ten (10) feet below gravel
local roads. This depth shall be measured below the lowest roadside ditch flowline elevation, for the
full width of the future right of way. (Department of Public Works)
17. With exception of perpendicular crossings, oil and gas pipelines are not to be located within Weld
County right of way or future right of way. (Department of Public Works)
18. Any damage occurring to the right of way, caused by the pipeline, will be the responsibility of the
operator. (Department of Public Works)
19. The historical flow patterns and runoff amounts on site will be maintained. (Department of Public
Works)
20. 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. 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.
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 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.
USR18-0055, DCP Operating Company, LP, Page 7 of 8
25. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties
in the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there
are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and county roads outside of municipalities. The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than on
patrols of the County, and the distances which must be traveled may delay all emergency responses,
including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who
must leave their jobs and families to respond to emergencies. County gravel roads, no matter how
often they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
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.
USR18-0055, DCP Operating Company, LP, Page 8 of 8
August 08, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
PHONE: (970) 400-3537
FAX: (970) 304-6498
MANN COLIN
3026 4TH AVE
GREELEY, CO 80631
Subject: USR18-0055 - A Site Specific Development Plan and Use by Special Review Permit for a
16 -inch High Pressure Natural Gas Pipeline approximately one (1) mile in length in in the A (Agricultural)
Zone District.
On parcel(s) of land described as:
The Proposed Pipeline will be located in the S2 of Section 31, T5N, R64W and the SE4 of Section 36,
T5N, R65W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on September 4, 2018, at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on September
26, 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,
/Ci '
Chris Gathman
Planner
June 11, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: cgathman@weldgov.com
PHONE: (970) 400-3537
FAX: (970) 304-6498
MANN COLIN
3026 4TH AVENUE
GREELEY, CO 80631
Subject: USR18-0055 - A Site Specific Development Plan and Use by Special Review Permit for a
one -mile long 16 -inch High -Pressure Natural Gas Pipeline connecting the O'Connor Gas Plant
(2MJUSR18-12-1792) to an existing Kinder Morgan Meter Station in the A(Agricultural) Zone
District.
On parcel(s) of land described as:
The Proposed Pipeline will be located in the S2 of Section 31, T5N, R64W and the SE4 of Section 36,
T5N, 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:
Kersey at Phone Number 970-353-1681
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,
Chris Gathman
Planner
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