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Case Number:
Applicant:
Request:
Legal
Description:
Size of Parcel:
LAND USE APPLICATION
SUMMARY SHEET
Kim Ogle Hearing Date: April 17, 2018
USR18-0007
Discovery DJ Services, LLC, 7859 Walnut Hill Lane, Dallas TX 78230
A Site Specific Development Plan and Use by Special Review Permit for a greater than
12 -inch high pressure natural gas pipeline approximately seventeen (17) miles long
(20 -inch natural gas pipeline) originating at the intersection of County Roads 49 and 36
and terminating at the Milton -Hudson interconnect site approximately 0.5 miles east of
County Road 41 and State Highway 52 intersection) in the A (Agricultural) Zone District
The pipeline will cross Sections 4,6,7,8 and 9 of Township 1 North; Range 65 West and
Section 1, 11 and 12 of Township 1 North; Range 66 West of the 6th P.M., Weld
County, Colorado
103 +1- acres 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:
Farmers Reservoir and Irrigation Company (FRICO), referral dated February 27, 2018
Y Weld County Department of Public Health and Environment, referral dated March 2, 2018
Y Weld County Department of Public Works, referral dated March 7, 2018
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Y Weld County Zoning Compliance, referral dated February 6, 2018
Y United Power Company, referral dated February 8, 2018
Y Colorado Parks and Wildlife, referral dated February 11, 2018
Y City of Fort Lupton, referral dated February 22, 2018
Y Weld County Sheriff's Office referral dated March 2, 2018
The Department of Planning Services' staff has not received responses from the following agencies:
V V V V V V V V V
Oneok Inc.
History Colorado
Swanson & Morris
Noble Energy, Inc.
Snyder Oil Company
White Cliffs Pipeline, LLC
Wattenberg Holding, LLC
Kerr-McGee OnShore, LP
DCP Operating Company
U S R18-0007
Discovery DJ Services,
Page 1
Public Service of Colorado
Panhandle Eastern Company
Hudson Fire Protection District
LaSalle Fire Protection District
Platte Valley Conservation District
Beebe Draw Seep Ditch Company
Colorado Interstate Gas Company
Platte Valley Fire Protection District
Southeast Weld Conservation District
LLC
Southeast Weld Fire Protection District > Weld County Office of Emergency
> Tri-State Generation and Transmission, Inc. Management
U S R18-0007
Discovery DJ Services, LLC
Page 2
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Kim Ogle Hearing Date: April 17, 2018
Case Number: USR18-0007
Applicant: Discovery DJ Services, LLC, 7859 Walnut Hill Lane, Dallas TX 78230
Request: A Site Specific Development Plan and Use by Special Review Permit for a greater
than 12 -inch high pressure natural gas pipeline approximately seventeen (17) miles
long (20 -inch natural gas pipeline) originating at the intersection of County Roads 49
and 36 and terminating at the Milton -Hudson interconnect site approximately 0.5 miles
east of County Road 41 and State Highway 52 intersection) in the A (Agricultural) Zone
District
The pipeline will cross Sections 4,6,7,8 and 9 of Township 1 North; Range 65 West and
Legal Section 1, 11 and 12 of Township 1 North; Range 66 West of the 6th P.M., Weld
Description: County, Colorado
Size of Parcel:
Case Summary:
103 +/- acres
Parcel No.s: Multiple
The Milton North pipeline is a proposed 20" natural gas pipeline that will connect the proposed Milton
Compressor Station and the Milton -Hudson interconnect near State Highway 52 and County Road 41
The selected route is approximately 17 miles long and was deemed to be the most direct and is immediately
adjacent to and runs parallel to an existing oil and gas pipeline corridor used by other oil and gas
companies in order to minimize the impact of pipelines on the land in the area. In addition, the route
selected will minimize impacts on the community, minimize cost, and maximize safety during construction
by crossing as few roads as possible. During construction of the pipeline, a 50 -foot lineal strip of land
(103+/- acres) along the alignment will be disturbed and then reclaimed following installation of the
proposed Milton North Gas Pipeline. Discovery DJ Services, LLC has acquired a permanent easement
along the pipeline route, the width is 30 -feet (62 acres) in linear area.
Physical facilities such as valves and pig launchers/receivers will be located off of the County Road right-
of-way, and laid out to allow safe access by Discovery DJ Services, LLC maintenance technicians.
The pipeline flow measurement will be monitored by a Supervisory Control and Data Acquisition
(SCADA) system. The natural gas that flows into the pipeline will be the gas that is collected from third
party gas producers that Discovery DJ Services, LLC has partnered with to convey the gas to processing
and onto market.
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.
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Discovery DJ Services, LLC
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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.
Section 22-5-100.A.1 O.G. Policy 1.1 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 Milton North 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. Discovery DJ Services, LLC (Discovery) 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 Discovery 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 offsite. Discovery 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 23-2-480.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 City of Fort Lupton, Towns of Hudson
and Keenesburg. The City of Fort Lupton returned a referral dated February 22, 2018 indicating no
concerns and the Towns of Hudson and Keenesburg did not respond.
C. Section 23-2-480.A3 - 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 23-2-480.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
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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.
Discovery 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. In the event of an emergency, a call to the number on these
markers will go to Discovery 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, Discovery 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 Discovery
U S R18-0007
Discovery DJ Services, LLC
Page 5
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 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 not
proposed alternatives for this pipeline as the alignment and rights -of -way were negotiated and
acquired with willing property owners.
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.
A Desktop Environmental Review and Cultural Review was prepared by SWCA Environmental
Consultants dated September 2017 for the West Milton 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. 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 23-2-480.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 be required to maintain historic flow patterns and runoff amounts, per the
Department of Planning Services, engineering review 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. Discovery 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 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)
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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 Highway 49. (Department of
Public Works)
C. The applicant shall attempt to address the requirements of the Farmers Reservoir and Irrigation
Company (FRICO), requirements as stated in their referral dated February 27, 2018. A copy of the
signed pipeline crossing agreement/easement or a letter indicating no agreement is necessary shall
be submitted to the Department of Planning Services. (Department of Planning Services)
D. A Flood Hazard Development Permit (FHDP) is required to be submitted and approved for any
development in the floodplain. (Department of Planning Services - Floodplain)
E. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR18-0007 (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, and all easements of record. (Department of
Planning Services)
5. 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. Weld County is
currently in the process of widening this corridor. 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)
6. County Road 34 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)
7. County Road 32 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The
applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by Weld County. (Department
of Public Works)
8. County Road 30 Section Line is shown to have 30 feet of unmaintained section line right-of-way
per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-
way on the site plan. All setbacks shall be measured from the edge of right-of-way.
(Department of Public Works)
9. County Road 28 Section Line is shown to have 30 feet of unmaintained section line right-of-way
per the Weld County GIS right-of-way map. The applicant shall delineate the existing right -of -
U S R18-0007
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way on the site plan. All setbacks shall be measured from the edge of right-of-way.
(Department of Public Works)
10. County Road 47 Section Line is shown to have 30 feet of unmaintained section line right-of-way
per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-
way on the site plan. All setbacks shall be measured from the edge of right-of-way.
(Department of Public Works)
11. County Road 26 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 delineate the existing right-of-
way on the site plan. All setbacks shall be measured from the edge of right-of-way.
(Department of Public Works)
12. County Road 24 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 delineate the existing right-of-
way on the site plan. All setbacks shall be measured from the edge of right-of-way.
(Department of Public Works).
13. County Road 45 Section Line is shown to have 30 feet of unmaintained section line right-of-way
per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-
way on the site plan. All setbacks shall be measured from the edge of right-of-way.
(Department of Public Works)
14. County Road 43 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 delineate the existing right-of-
way on the site plan. All setbacks shall be measured from the edge of right-of-way.
(Department of Public Works)
15. County Road 22 is a paved road and is designated on the Weld County Functional
Classification Map as an arterial road which requires 140 feet of right-of-way at full buildout.
The applicant shall delineate on the site plan the future and existing right-of-way. All setbacks
shall be measured from the edge of future right-of-way. This road is maintained by Weld
County. (Department of Public Works)
16. County Road 20 Section Line is shown to have 30 feet of unmaintained section line right-of-way
per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-
way on the site plan. All setbacks shall be measured from the edge of right-of-way.
(Department of Public Works)
17. County Road 18 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 delineate the existing right-of-
way on the site plan. All setbacks shall be measured from the edge of right-of-way.
(Department of Public Works)
18. County Road 16 Section Line is shown to have 30 feet of unmaintained section line right-of-way
per the Weld County GIS right-of-way map. The applicant shall delineate the existing right-of-
way on the site plan. All setbacks shall be measured from the edge of right-of-way.
(Department of Public Works)
19. County Road 14 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 delineate the existing right-of-
way on the site plan. All setbacks shall be measured from the edge of right-of-way.
(Department of Public Works)
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20. Show and label the approved access locations on the site plan. The applicant must obtain an
access permit in the approved location(s) prior to construction. (Department of Public Works)
21. Show and label the section line Right -of -Way as "CR 30 Section Line Right -Of -Way, not County
maintained." (Department of Public Works)
22. Show and label the section line Right -of -Way as "CR 28 Section Line Right -Of -Way, not County
maintained." (Department of Public Works)
23. Show and label the section line Right -of -Way as "CR 47 Section Line Right -Of -Way, not County
maintained." (Department of Public Works)
24. Show and label the section line Right -of -Way as "CR 26 Section Line
maintained." (Department of Public Works)
25. Show and label the section line Right -of -Way as "CR 24 Section Line
maintained." (Department of Public Works)
26. Show and label the section line Right -of -Way as "CR 45 Section Line
maintained." (Department of Public Works)
27. Show and label the section line Right -of -Way as "CR 43 Section Line
maintained." (Department of Public Works)
28. Show and label the section line Right -of -Way as "CR 20 Section Line
maintained." (Department of Public Works)
29. Show and label the section line Right -of -Way as "CR 18 Section Line
maintained." (Department of Public Works)
30. Show and label the section line Right -of -Way as "CR 16 Section Line
maintained." (Department of Public Works)
Right -Of -Way,
Right -Of -Way,
Right -Of -Way,
Right -Of -Way,
Right -Of -Way,
Right -Of -Way,
Right -Of -Way,
not County
not County
not County
not County
not County
not County
not County
31. Show and label the section line Right -of -Way as "CR 14 Section Line Right -Of -Way, not County
maintained." (Department of Public Works)
32. 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
Planning Services)
33. 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. (Department of Planning Services)
34. 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)
35. 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)
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
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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. If the applicant will be disturbing more than an acre for non -pipeline items, a Weld County
Grading Permit is required prior to construction. (Department of Public Works)
B. The approved access and tracking control shall be constructed prior to construction of the
pipeline. (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
signed 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
Discovery DJ Services, LLC
Milton North Natural Gas Pipeline
USR18-0007
1. A Site Specific Development Plan and Use by Special Review Permit, USR18-0007 for a greater than
12 -inch high pressure natural gas pipeline approximately seventeen (17) miles long (20 -inch natural gas
pipeline) originating at the intersection of County Roads 49 and 36 and terminating at the Milton -Hudson
interconnect site approximately 0.5 miles east of County Road 41 and State Highway 52 intersection) 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 operator shall provide written evidence of an approved Emergency Action and Safety Plan on or
before March 15t" 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 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. (Department of Public Works)
5. The access to the site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Department of Public Works)
6. There shall be no parking or staging of vehicles on public roads during construction. On -site parking
shall 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 pipeline crossing an arterial road shall be bored with a minimum crossing depth of 10 feet below
the lowest roadside ditch flowline elevation for all lines, except for oil and gas lines whose minimum
depth will be 15 feet below the lowest roadside ditch flowline elevation. (Department of Public Works)
9. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be
the responsibility of Weld County. (Department of Public Works)
10. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public
Works)
11. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Public Works)
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. (Department of Building Inspection)
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13. Any damage incurred to the right-of-way related to the pipeline will be the responsibility of the operator.
(Department of Planning Services)
14. 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, during construction. (Department of Public Health and
Environment)
15. No permanent disposal of wastes shall be permitted at this site, during construction. 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)
16. 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)
17. 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.
(Department of Public Health and Environment)
18. Adequate toilet facilities and handwashing units shall be provided during construction of the project.
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)
19. 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)
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.
19. 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.
20. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map #08123C -1975E effective date January 20, 2016 (Box Elder Creek Floodplain).
Any development shall comply with all applicable Weld County requirements, Colorado Water
Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in
Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The
FEMA definition of development is any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, or storage of equipment and materials. (Department of Planning
Services - Floodplain)
21. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards, as shown or stated, shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the Department
of Planning Services.
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22. 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.
23. 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.
24. 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
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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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March 12, 2018
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@weldgov.com
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
ELERY SCOTT
540 BRIDGE ST
BRIGHTON, CO 80601
Subject: USR18-0007 - A Site Specific Development Plan and Special Review Permit, USR18-0007 for a
greater than 12 -inch high pressure natural gas pipeline approximately fourteen (14) miles long (20 -inch
natural gas pipeline originating at the future Discovery DJ Services Mustang Compressor Station and
terminating at the Milton Hudson inter -connect pipeline) in the A (Agricultural) Zone District
On parcel(s) of land described as:
The Pipeline will cross Section 4, T1 N, R65W; Sections 2, 3, 10, 15, 22, 27, 28, 33 in T2N, R65W;
Sections 25, 35, 36 in T3N, R65W; Sections 7, 12, 18, 19, 30 in T3N, R64W of the 6th P.M., Weld
County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on April 17, 2018, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on May 2, 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.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
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 Ogle
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@weldgov.com
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
February 06, 2018
ELERY SCOTT
540 BRIDGE ST
BRIGHTON, CO 80601
Subject: USR18-0007 - A Site Specific Development Plan and Special Review Permit, USR18-0007 for a
greater than 12 -inch high pressure natural gas pipeline approximately fourteen (14) miles long (20 -inch
natural gas pipeline originating at the future Discovery DJ Services Mustang Compressor Station and
terminating at the Milton Hudson inter -connect pipeline) in the A (Agricultural) Zone District
On parcel(s) of land described as:
The Pipeline will cross Section 4, T1 N, R65W; Sections 2, 3, 10, 15, 22, 27, 28, 33 in T2N, R65W;
Sections 25, 35, 36 in T3N, R65W; Sections 7, 12, 18, 19, 30 in T3N, R64W 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:
Fort Lupton at Phone Number 303-857-6694
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 Ogl
Planner
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