HomeMy WebLinkAbout20184049.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR18-0103, FOR A GREATER THAN 13-INCH PIPELINE (UP TO 20-INCH
CRUDE OIL PIPELINE) APPROXIMATELY 30 MILES IN LENGTH, UP TO FIVE (5)
CONSTRUCTION OFFICE TRAILERS AND TEN (10) CONEX CONTAINERS FOR USE
DURING CONSTRUCTION OF THE FACILITY IN THE A (AGRICULTURAL) ZONE
DISTRICT- DJ SOUTH GATHERING, 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 DJ South Gathering, LLC, 1600 Broadway, Suite 2400, Denver,
Colorado 80202, for a Site Specific Development Plan and Use by Special Review Permit,
USR18-0103, for a greater than 13-inch pipeline (up to 20-inch crude oil pipeline) approximately
30 miles in length, up to five (5) construction office trailers and ten (10) conex containers for use
during construction of the facility in the A (Agricultural) Zone District, on the following described
real estate, being more particularly described as follows:
The Pipeline will cross Sections 5, 6, 7, 8, 15, 16, 17,
22, 26, 27 and 35 of Township 1 North, Range 64
West; Sections 18, 19, 30, and 31 of Township 2
North, Range 64 West; Sections 1, 2, 12, and 13 of
Township 2 North, Range 65 West; Sections 25 and
36 of Township 3 North, Range 65 West of the 6th
P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Ryder Reddick, Tetra Tech,
1900 South Sunset Street, Longmont, Colorado 80501, and
WHEREAS, Section 23-2-490 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 23-2-590 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 application indicates that the pipeline will be located to
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SPECIAL REVIEW PERMIT (USR18-0103) - DJ SOUTH GATHERING, LLC
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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. DJ South Gathering, LLC, indicates
that they will repair and/or replace any facilities damaged or removed
during the placement of the pipeline. The pipeline route minimizes
environmental impacts such as wetland areas, water bodies and
agricultural lands. The pipeline route is sited on plowed fields and irrigated
lands and will be bored under all FEMA designated floodplains. At the time
of the Board of County Commissioners hearing, all easements have been
obtained.
B. Section 23-2-490.B 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 pipeline is located within the three (3)
mile referral area of the Towns of Hudson, Keenesburg, and Adams
County. The Town of Hudson returned a referral dated October 12, 2018,
with a second referral providing clarifying comments dated October 15,
2018, indicating the applicant shall obtain a Floodplain Development
Permit and a Right-of-Way Permit from the Town prior to the
commencement of construction. The Town of Keenesburg and Adams
County did not return a referral response.
C. Section 23-2-490.C states: "The design of the proposed pipeline mitigates
negative impacts on the surrounding area to the greatest extent feasible."
The applicant indicates that many private easements (rights-of-way without
Fee ownership) have been negotiated for the pipeline with private land
owners. The pipeline route minimizes environmental surface impacts. The
pipeline will cross under the County maintained roads and FEMA
designated floodplains. In a referral received from the Weld County
Floodplain planner dated October 24, 2018, the applicant shall submit a
floodplain permit prior to installing the pipeline and delineate the floodplain
and floodway (if applicable) boundaries on the map.
D. Section 23-2-490.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
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 23-2-490.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 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
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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. Crude oil pipelines
are an extremely safe way to transport energy. The Matador Pipeline is
being designed to exceed DOT regulations. The 20-inch Matador Pipeline
will transport crude oil and will be engineered to operate at a Maximum
Allowable Operating Pressure (MAOP) of 1,480 PSI with Maximum
Operating Pressure (MOP) of 740 PSI and is designed to transport up to
160,000 barrels per day with ability to increase capacity in the future. The
pipeline will employ automated pressure shut down systems and leak
monitoring equipment. ARB employs an independent safety team who is
trained in operations, maintenance and emergency response related to the
pipeline. All operations, training, qualifications and any required responses
are strictly defined by the US Department of Transportation's Pipeline and
Hazardous Materials Safety Administration and followed by ARB. The
transportation of crude oil via pipeline is generally safer than other potential
modes of transport. The company estimates transportation of crude oil via
pipeline, versus traditional trucking, will eliminate approximately
2.22 million trucks from Weld County roads in the first ten years of the
project. DJSG will clearly mark the pipeline centerline with markers placed
at line-of-site intervals and at all road crossings. The markers will clearly
identify the pipeline and will provide a telephone number and address
where a company representative can be reached in an emergency or prior
to any excavation in the area. DJSG also participates in the Colorado "One
Call"system, which serves as a clearinghouse for excavation activities that
are planned close to pipelines and other underground utilities. Each
respective pipeline centerline will be clearly identified with markers placed
at line-of-sight intervals and at all road crossings. These markers will clearly
identify DJSG as the owner or operator, and provide a telephone number
and address where a company representative can be reached in an
emergency. In the event of an emergency, a call to the number on these
markers will go to DJSG operations and control center that is staffed
24 hours per day, 7 days a 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
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identified criteria reach pre-determined set points within the system
operation, the SCADA system will alarm. Upon notification of an
emergency, either through the public emergency call number, SCADA
system, operator inspection and training, or other originating source, DJSG
will have the ability to isolate the respective pipelines by closing remotely
operated valves in the natural gas pipeline, isolate any potential fuel source
and mitigate propagation of the emergency situation. Depending upon the
nature of the emergency, local emergency responders would be notified,
and DJSG would implement their internal safety response procedures,
including dispatching trained personnel to the site of the emergency.
F. Section 23-2-490.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."The route is surrounded
by land uses primarily associated with the A (Agricultural) Zone District.
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 large-lot, single family homes. DJSG will
agree to an easement with each property owner that the pipeline crosses
to ensure that the pipeline is compatible with the property owner's plans for
their property. By agreeing to an easement with each landowner, DJSG
has committed to working with all landowners along the pipeline route to
ensure that the pipeline will not adversely impact any property.
G. Section 23-2-490.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 returned a referral dated
October 19, 2018, stating: "Colorado Parks and Wildlife has a statutory
responsibility to manage all wildlife species in Colorado, and to promote a
variety of recreational opportunities throughout Colorado. Construction of
this pipeline has the potential to impact wildlife. A bald eagle nest is located
in close proximity to this project at Township 1 North, Range 64 West,
Section 17. To minimize disturbance to bald eagle nests CPAW
recommends no construction activity within one half (0.5) mile of the nest
from January 1st through July 31st. Because the pathway of the pipeline is
within one half (0.5) mile of this eagle's nest, it is recommended that
construction of the pipeline, at this location, take place outside of that time
frame. Bald eagles and their nests are protected under the federal Bald and
Gold Eagle Protection Act. If construction is to take place between January
1st and July 31st within one half (0.5) mile of the nest project managers
should contact the U.S. Fish and Wildlife Service. There also appears to
be many trees near or adjacent to the pipeline at numerous points along
the path of the pipeline with raptor nests or the potential for nests. One
such nest is a Swainson's hawk nest near Weld County Road 30 and
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County Road 49. It is recommended that a raptor(i.e. hawks, eagles, owls,
etc.) nest survey be performed along the path of the pipeline if construction
is to take place between February 1 and July 31st. This nest survey should
be done prior to construction and throughout the course of construction for
any new nests. If nests are observed, CPAW has developed a set of
guidelines to minimize disturbance to nesting raptors. Wetlands, creeks,
and rivers are of high value to many different species of wildlife and should
be protected from disturbance. It appears that this pipeline will cross Box
Elder Creek just south of Weld County Road 22 and west of County
Road 49. To preserve the integrity and ecological function of the creek,
CPAW recommends that trenchless construction or boring technics be
utilized to go under this creek and adjacent wetland habitats. The U.S.
Army Corps of Engineers should be consulted prior to any disturbance to
wetlands. Finally, Colorado Parks and Wildlife recommends that the
developer work with the Weld County Public Works Department-Weed
Division to develop and implement a plan for control of noxious weeds
during and post construction phases of the pipeline project. Noxious weeds
are a problem in Weld County in which they can degrade wildlife habitat,
degrade the landscape as whole, and are a costly issue to landowners to
deal with once the construction project is complete. To avoid the spread of
noxious weeds to other sites and to prevent new species from being
introduced, all construction equipment should be thoroughly cleaned prior
to arriving on site and after construction is completed."
H. Section 23-2-490.H states: "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 Public Works review. Pipelines
are excepted from the requirements of a drainage report and detention
pond design under 23-12-30.F.1.a.5 for pipelines or transmission lines.
DJSG, acknowledges in their application that the historical flow patterns
and runoff amounts will be maintained on the site, or in such a manner that
it will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to run-off rate and velocity
increases, diversions, concentration and/or unplanned ponding of storm
run-off. The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250,Weld County Code), Conditions of
Approval and Development Standards can ensure that there are adequate
provisions for the protection of the health, safety, and welfare of the
inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of DJ South Gathering, LLC, for a Site Specific
Development Plan and Use by Special Review Permit, USR18-0103, for a greater than 13-inch
pipeline (up to 20-inch crude oil pipeline) approximately 30 miles in length, up to five (5)
construction office trailers and ten (10) conex containers for use during construction of the facility
in the A (Agricultural) Zone District, 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. The applicant shall submit written evidence of the conditionally approved
Town of Hudson right-of-way permit prior to installing the pipeline or for any
improvements, as applicable.
C. The applicant shall submit a copy of the signed Jim Lateral No. 2 crossing
agreement/easement or provide a letter that an adequate attempt has been
made to mitigate the concerns of the ditch company or a letter indicating
no agreement is necessary to the Department of Planning Services.
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR18-0103.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-520 of
the Weld County Code.
4) The final location of the permanent gas pipeline easement with
dimension of permanent easement, property ownership, parcel
number, all easements of record, and all physical encumbrances.
5) County Road 6 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate the existing right-of-way on the site plan. All setbacks
shall be measured from the edge of the right-of-way. This road is
maintained by Weld County.
6) County Road 10 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate the existing right-of-way on the site plan. All setbacks
shall be measured from the edge of the right-of-way. This road is
maintained by Weld County.
7) That portion of County Road 51 that 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 the existing right-of-way on the site plan.
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All setbacks shall be measured from the edge of the right-of-way.
This road is maintained by Weld County.
8) That portion of County Road 51 that is a paved road and is
designated on the Weld County Functional Classification Map as a
local road, which requires 60 feet of right-of-way at full buildout. The
applicant shall delineate the existing right-of-way on the site plan.
All setbacks shall be measured from the edge of the right-of-way.
This road is maintained by Weld County.
9) County Road 18 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road, which
requires 80 feet of right-of-way at full buildout. The applicant shall
delineate the future and existing right-of-way on the site plan. All
setbacks shall be measured from the edge of the future
right-of-way. This road is maintained by Weld County.
10) The County Highway is designated on the Weld County Functional
Classification Map as an arterial road, which typically requires
140 feet of right-of-way at full build out. The alignment of the road
widening project varies along the section line for the corridor.
Contact Public Works for the location of the existing and future
right-of-way and easements and delineate these on the site plan.
11) The applicant shall show and label the approved permanent access
locations on the site plan (if applicable). The applicant must obtain
an Access Permit in the approved location(s) prior to construction.
12) The applicant shall show and label the section line Right-of-Way as
"CR 22 Section Line Right-of-Way, not County maintained."
13) The applicant shall show and label the Henrylyn Irrigation District
crossing agreement reception number for the subsurface water
pipeline. The applicant shall show and label the Jim Lateral No. 2
crossing agreement reception number, as applicable. Show and
label the Denver Hudson Canal crossing agreement reception
number, as applicable.
14) The applicant shall show and label the Public Service of Colorado
crossing agreement reception number, as applicable.
15) The applicant shall show and label the Burlington Northern Santa
Fe Railroad crossing agreement reception number, as applicable.
16) The applicant shall show and label the Tri-State Generation and
Transmission Association, Inc., crossing agreement reception
number, as applicable.
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17) The applicant shall show and label the Colorado Department of
Transportation crossing agreement reception number, as
applicable.
18) The applicant shall show the floodplain and floodway (if applicable)
boundaries on the map. The applicant shall label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel
Number or appropriate study.
19) The applicant shall show and label all recorded easements on the
map by book and page number or reception number and date on
the plan.
20) The applicant shall show and label the future rights-of-way for all
roads within the municipality of Hudson.
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 prior to
construction of the pipeline.
B. The applicant shall submit evidence of a right-of-way permit for any work
that may be required in the right-of-way and/or a special transport permit
for any oversized or overweight vehicles that may access the site.
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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.
D. The applicant shall submit a Flood Hazard Development Permit, for review
and approval, prior to installing the pipeline or any improvements or new
construction in the floodplain will require a Flood Hazard Development
Permit.
E. The applicant shall submit written evidence of the conditionally approved
Town of Hudson Flood Hazard Permit prior to installing the pipeline or for
any improvements, as applicable.
F. The applicant shall submit a copy of the signed Henrylyn Irrigation District
crossing agreement/easement or provide a letter that an adequate attempt
has been made to mitigate the concerns of the ditch company or a letter
indicating no agreement is necessary to the Department of Planning
Services.
G. The applicant shall submit a copy of the signed Jim Lateral No. 2 crossing
agreement/easement or provide a letter that an adequate attempt has been
made to mitigate the concerns of the ditch company or a letter indicating
no agreement is necessary to the Department of Planning Services.
H. The applicant shall submit a copy of the signed Denver Hudson Canal
crossing agreement/easement or provide a letter that an adequate attempt
has been made to mitigate the concerns of the ditch company or a letter
indicating no agreement is necessary to the Department of Planning
Services.
The applicant shall submit a copy of the signed Public Service of Colorado
crossing agreement/easement or provide a letter that an adequate attempt
has been made to mitigate the concerns of the company or a letter
indicating no agreement is necessary to the Department of Planning
Services.
J. The applicant shall submit a copy of the signed Burlington Northern Santa
Fe Railroad crossing agreement/ easement or provide a letter that an
adequate attempt has been made to mitigate the concerns of the company
or a letter indicating no agreement is necessary to the Department of
Planning Services.
K. The applicant shall submit a copy of the signed Tri-State Generation and
Transmission Association, Inc. crossing agreement/ easement or provide
a letter that an adequate attempt has been made to mitigate the concerns
of the company or a letter indicating no agreement is necessary to the
Department of Planning Services.
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L. The applicant shall submit a copy of the signed Colorado Department of
Transportation crossing agreement/ easement or provide a letter that an
adequate attempt has been made to mitigate the concerns of the company
or a letter indicating no agreement is necessary to the Department of
Planning Services.
6. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and the Fire District. The plan shall be
reviewed on an annual basis by the Facility operator, the Fire District and
the Weld County Office of Emergency Management. Submit evidence of
acceptance to the Department of Planning Services.
7. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review map
is ready to be recorded in the office of the Weld County Clerk and Recorder or the
applicant has been approved for an early release agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of December, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ^J �fAl L EXCUSED
Steve Moreno, Chair
Weld County Clerk to the Board •
arbara Kirkmeyer, ro-Tem
BY: kovvtV, eta(
Deputy Clerk.to the Board ll.,da XCUSED
, pA nP. Co ay
1/41
APP • t�si ( ()L, ��
C zad
County Attorney `
Mike Freeman
Date of signature: /15/19'
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DJ SOUTH GATHERING, LLC
USR18-0103
1. The Site Specific Development Plan and Use by Special Review Permit, USR18-0103, is
for a greater than 13-inch pipeline (up to 20-inch crude oil pipeline) approximately 30 miles
in length, up to five (5) construction office trailers and ten (10) conex containers for use
during construction of the facility in the A (Agricultural) Zone District, subject to the
Development Standards stated hereon.
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. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
5. 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.
6. During construction, there shall be no parking or staging of vehicles on public roads.
On-site parking will be utilized.
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.
8. With the exception of CR 49, any oil and gas pipeline crossing a Weld County road shall
be bored at a minimum depth of ten (10) feet. Any oil and gas pipeline crossing CR 49
shall be bored at a minimum depth of fifteen (15)feet. This depth shall be measured below
the lowest roadside ditch flowline elevation to the crown of the pipe, and for the full width
of the future right-of-way.
9. With exception of perpendicular crossings, oil and gas pipelines are not to be located
within Weld County right-of-way or future right-of-way.
10. Any damage occurring to the County right-of-way or County maintained roadway, caused
by the pipeline, will be the responsibility of the operator.
11. The historical flow patterns and runoff amounts onsite will be maintained.
12. Buildings and structures shall conform to the requirements of the various codes adopted
at the time of permit application. Building permits may be required, per Section 29-3-10 of
the Weld County Code. Currently, the following have been adopted by Weld County: 2012
International Building Codes 2012 International Fuel Gas Code; 2006 International Energy
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Conservation Code; 2017 National Electrical Code; 2009 ANSI 117.1 Accessibility Code
and Chapter 29 of the Weld County Code.
13. Any improvements or new construction in the floodplain require a Flood Hazard
Development Permit.
14. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Maps. Any development shall comply with all
applicable Weld County requirements, Colorado Water Conservation Board requirements
as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA
regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA
definition of development is any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining, dredging, filling, grading,
paving, excavation, drilling operations, or storage of equipment and materials.
15. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
16. 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.
17. During construction, no permanent disposal of wastes shall be permitted at this site. This
is not meant to include those wastes specifically excluded from the definition of a solid
waste in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
18. 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.
19. Fugitive dust and fugitive particulate emissions shall be controlled throughout the duration
of construction of the pipeline and until ground cover is established. Uses on the property
shall comply with the Colorado Air Quality Commission's Air Quality Regulations.
20. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions
Permit Application and obtain a permit from the Air Pollution Control Division of the
Colorado Department of Public Health and Environment, as applicable.
21. During construction, adequate toilet facilities and handwashing units shall be provided.
Portable toilets are acceptable. Portable toilets shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers.
22. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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23. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
24. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
25. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards, as shown or stated, shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
26. The property owner or operator shall be responsible for complying with all the foregoing
Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
27. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34, of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and 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.
28. 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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