HomeMy WebLinkAbout20173275.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR17-0032
DISCOVERY MIDSTREAM PARTNERS, LLC
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A GREATER THAN 12 -INCH HIGH PRESSURE NATURAL GAS
PIPELINE (20 -INCH) APPROXIMATELY FIFTEEN (15.2) MILES LONG IN THE A
(AGRICULTURAL) ZONE DISTRICT.
THE PROPOSED PIPELINE ENTERS WELD COUNTY IN SECTION 33, T1N,
R67W AND TRAVELS NORTH THROUGH SECTIONS 28, 27, 22, 15 AND 14
TURNING SOUTH THROUGH SECTIONS 23 AND 24, Ti N, R67W THEN EAST
THROUGH SECTIONS 19, 20, 21 THEN TURNING NORTH INTO SECTIONS 21,
16, AND 15 THEN EAST INTO SECTION 14 THEN NORTH INTO SECTION 11,
Ti N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO TERMINATING AT
THE FORT LUPTON GAS PLANT.
GENERALLY LOCATED SOUTH OF CR 12; WEST OF CR 35; NORTH OF CR
2 AND EAST OF CR 17.
be recommended favorably to the Board of County Commissioners for the following reasons:
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 Planning Commission that the applicant has shown compliance with Section 23-
2-220 of the Weld County Code as follows:
.ten3
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.
The application indicates that the pipeline route was selected to mitigate the impacts to
local businesses and residential neighborhoods; conform with the comprehensive plans
for Adams County, Weld County, the cities of Thornton and Ft. Lupton; minimize impacts
to the environment; and to the greatest degree possible, the preferences of local city
and county landowners. The preferred route is located on lands within Weld County that
are zoned as Agricultural, Industrial, and PUD.
In addition, in areas zoned for Agricultural, Discovery has worked with the applicable
property owners to accommodate their considerations and preferences for the route and
develop the preferred alignment to mitigate impacts to actively cultivated fields and
productive areas.
The preferred route does cross various canals associated with regional drainage and
irrigation, including the German Ditch and Fulton Canal systems. Discovery will cross
these canals via bore or horizontal direction drill, in accordance with the respective
canal company requirements. Permit applications for these crossings, and other
crossings along the preferred route, including permits with CDOT for U.S. Highway 85
and Union Pacific for the railroad crossings.
All soils removed for installation of the pipeline will be returned to their original location and
will not be moved offsite. Discovery DJ Services, LLC [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 and open space. The preferred 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.
RESOLUTION USR17-0032
DISCOVERY MIDSTREAM PARTNERS, LLC
PAGE 2
The pipeline is located within the 3 -mile referral area of the City of Brighton, City of Dacono,
City of Fort Lupton, Town of Lochbuie and Adams County. The City of Dacono returned a
referral dated June 19, 2017 indicating no conflict with their interests, no other municipalities
or Adams County provided comments.
A neighborhood meeting was held on Tuesday, March 8, 2017 at the Eagle View Adult
Center, located in Brighton, Colorado. Notification of the neighborhood meeting was mailed
to all identified property owners within 250 feet of the proposed pipeline. Nine persons
attended with questions generally regarding the proposed pipeline alignment, depth of cover,
monitoring of the pipeline, the easement for construction and for operating, the timeline for
construction, and the method for providing maintenance of the pipeline.
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.
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. The pipeline will cross under the Western Area
Power Administration and the Public Service of Colorado transmission lines, under the
Burlington Northern Santa Fe railroad tracks. and under State Highway 85, as well as, Lupton
Bottom ditch, German ditch, Fulton ditch, Signal ditch and the Henrylyn Irrigation District and
Farmers Reservoir and Irrigation Company's irrigation ditches. In a referral received from
the Weld County Floodplain planner dated July 27, 2017, the preferred pipeline route will
cross the South Platte River and Big Dry Creek floodplains. Therefore, any improvements or
new construction in the floodplain will require a Flood Hazard Development Permit.
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 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.
RESOLUTION USR17-0032
DISCOVERY MIDSTREAM PARTNERS, LLC
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All pipelines will be buried to provide a minimum of 48 -inches of cover. 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, railroad 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. Discovery will also
participate in the Colorado "One Call" system, which serves as a clearinghouse for
excavation activities that are planned close to pipelines and other underground utilities.
Discovery maintains close working relationship with all emergency response personnel.
Each respective pipeline centerline will be clearly identified with markers placed at line -of -
sight intervals and at all road, railroad and canal crossings. These markers will clearly
identify Discovery as the owner / operator, provide a telephone number and address where a
company representative can be reached in an emergency. In the event of an emergency, a
call to the number on these markers will go to Discovery's operations and control center
located at the gas compression and processing facility. This facility will be 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 at either end of
the pipeline or, on the natural gas trunk line, at the three (3) remote valves located along the
line to isolate any potential fuel source and mitigate propagation of the emergency situation.
In addition, Discovery operations personnel will have the ability to locally evacuate the natural
gas pipeline via blowdowns located at each end of the line and at each respective remote
valve site. Depending upon the nature of the emergency. local emergency responders would
be notified, and Discovery would implement their internal safety response procedures,
including dispatching trained personnel to the site of the emergency.
RESOLUTION USR17-0032
DISCOVERY MIDSTREAM PARTNERS, LLC
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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
alternatives would likely result in additional safety impacts due to the proximity of the four
municipalities and other development in the area.
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 site assessment of the vegetation, wildlife, wetlands, special status species has been
prepared along with a Class I cultural study of the proposed pipeline route. Colorado Parks
and Wildlife and History Colorado did not return a referral response indicating a conflict with
their interests.
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 Planning Commission 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)
B. A copy of the signed irrigation crossing agreements/ easements from each affected
irrigation/ditch company shall be submitted to the Department of Planning Services.
(Department of Planning Services)
C. A copy of the signed CDOT crossing agreement/ easements shall be submitted to the
Department of Planning Services. (Department of Planning Services)
D. A copy of the signed Burlington Northern Santa Fe crossing agreements/ easements shall be
submitted to the Department of Planning Services. (Department of Planning Services)
RESOLUTION USR17-0032
DISCOVERY MIDSTREAM PARTNERS, LLC
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E. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the
state highways. Please contact CDOT to verify the access permit or for any additional
requirement that may be needed to obtain or upgrade the permit. (Department of Public Works)
F A copy of the signed Western Area Power Administration crossing agreement/ easement shall
be submitted to the Department of Planning Services. (Department of Planning Services)
G. An Improvements and Road Maintenance Agreement is required for offsite improvements at
this location. Road maintenance including, but not limited to dust control, damage repair,
specified haul routes and future traffic triggers for improvements will be included. (Department
of Public Works)
H. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR17-0032 (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, all easements of record, and all physical
encumbrances. (Department of Planning Services)
5. County Road 4 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)
6. County Road 8 west of Highway 85 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)
7 County Road 21 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 6 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)
9. County Road 8 east of Highway 85 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)
RESOLUTION USR17-0032
DISCOVERY MIDSTREAM PARTNERS, LLC
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10. County Road 23 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)
11. County Road 2 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)
12. County Road 19 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)
13. County Road 10 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 31 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)
15. County Road 33 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)
16. Show and label the approved access(es) (APXX-XXXXX), and the appropriate turning
radii (60 foot) on the site plan. (Department of Public Works)
17. Show the approved Colorado Department of Transportation (CDOT) access(es) on the
site plan and label with the approved access permit number if applicable. (Department of
Public Works)
18. Show the approved Municipality of Brighton access(es) on the site plan and label with the
approved access permit number if applicable. (Department of Public Works)
19. Show and label the section line Right -of -Way as "CR 10 Section Line Right -Of -Way, not
County maintained." (Department of Public Works)
20. Show and label the section line Right -of -Way as "CR 31 Section Line Right -Of -Way, not
County maintained." (Department of Public Works)
21. Show and label the section line Right -of -Way as "CR 33 Section Line Right -Of -Way, not
County maintained." (Department of Public Works)
22. The Colorado Department of Transportation (CDOT) crossing agreement reception
number for the subsurface high pressure natural gas pipeline. (Department of Planning
Services)
RESOLUTION USR17-0032
DISCOVERY MIDSTREAM PARTNERS, LLC
PAGE 7
23. The Union Pacific Railroad crossing agreement reception number for the subsurface high
pressure natural gas pipeline. (Department of Planning Services)
24. The Western Area Power Administration crossing agreement reception number for the
subsurface high pressure natural gas pipeline. (Department of Planning Services)
25. The crossing agreement reception number for all irrigation ditches and canals.
(Department of Planning Services)
26. Show the approved Colorado Department of Transportation, Union Pacific Railroad and
Weld County accesses on the map and label with the approved access permit numbers.
(Department of Planning Services, Department of Public Works)
27. 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)
28. 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)
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. (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 more than 1 acre is to be disturbed for construction of non -pipeline items such as structures,
parking lots, laydown yards et cetera, a Weld County grading permit will be required prior to the
start of construction. (Department of Planning Services - Engineer)
B. Any improvements or new construction in the floodplain require a Flood Hazard Development
Permit. (Department of Planning Services - Floodplain)
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)
RESOLUTION USR17-0032
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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)
Motion seconded by Michael Wailes.
VOTE:
For Passage
Bruce Sparrow
Jordan Jemiola
Michael Wailes
Terry Cross
Tom Cope
Against Passage Absent
Bruce Johnson
Gene Stille
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on September 5, 2017.
Dated the 5th of September, 2017
46thanbe44.4121n,
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Discovery DJ Services, LLC
USR17-0032
A Site Specific Development Plan and Special Review Permit. USR17-0032 for a greater than 12 -inch
high pressure natural gas pipeline approximately fifteen (15.24) miles long commencing at the Discovery
DJ Services, LLC Fort Lupton Gas Plant (USR16-0031) connecting into the Brighton West Interconnect
Facility located near the intersection of County Road 2 and County Road 17 (Quebec Street) 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 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. (Department
of Planning Services)
4. The property owner shall control noxious weeds on the site. (Department of Planning Services - Engineer)
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. On -site parking shall be utilized.
(Department of Public Works)
7. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services - Engineer)
8. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of
Planning Services - Engineer)
9. 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)
10. 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)
11. 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)
12. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, 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)
13. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the
Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment)
14. 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)
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15. Adequate handwashing and toilet facilities shall be provided. Portable toilets are acceptable. Portable
toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers.
(Department of Public Health and Environment)
16. 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)
17. 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 -2115E effective date January 20, 2016 (South Platte River Floodplain)
and Panel Map #08123C -2115E and 2110E (Big Dry 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)
18. 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. (Department of Planning Services - Floodplain)
19. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
20. 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.
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.
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.
RESOLUTION USR17-0032
DISCOVERY MIDSTREAM PARTNERS, LLC
PAGE 11
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 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.
PC, Mintrits
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, September 5, 2017
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Terry Cross, at 12:30 pm.
Roll Call.
Present: Bruce Sparrow, Jordan Jemiola, Michael Wailes, Terry Cross, Tom Cope.
Absent: Bruce Johnson and Gene Stille.
Also Present: Kim Ogle and Diana Aungst, Department of Planning Services; Hayley Balzano, Department
of Planning Services — Engineering Division; Lauren Light and Ben Frissell, Department of Health; Evan
Pinkham, Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the August 15, 2017 Weld County Planning Commission minutes, Moved by Tom Cope,
Seconded by Bruce Sparrow. Motion passed unanimously.
CASE NUMBER: USR17-0032
APPLICANT: DISCOVERY MIDSTREAM PARTNERS, LLC
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A GREATER THAN 12 -INCH HIGH PRESSURE NATURAL GAS
PIPELINE (20 -INCH) APPROXIMATELY FIFTEEN (15.2) MILES LONG IN THE A
(AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: THE PROPOSED PIPELINE ENTERS WELD COUNTY IN SECTION 33, T1 N,
R67W AND TRAVELS NORTH THROUGH SECTIONS 28, 27, 22, 15 AND 14
TURNING SOUTH THROUGH SECTIONS 23 AND 24, Ti N, R67W THEN EAST
THROUGH SECTIONS 19, 20, 21 THEN TURNING NORTH INTO SECTIONS 21,
16, AND 15 THEN EAST INTO SECTION 14 THEN NORTH INTO SECTION 11,
T1 N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO TERMINATING
AT THE FORT LUPTON GAS PLANT.
LOCATION: GENERALLY LOCATED SOUTH OF CR 12; WEST OF CR 35; NORTH OF CR
2 AND EAST OF CR 17.
Kim Ogle, Planning Services, stated that five (5) letters were received from surrounding property owners
and one letter and a presentation from an attorney who represents three (3) of the surrounding property
owners requesting that this case be continued. Mr. Ogle said that he has spoken with the applicant and
they have stated that they want to move forward with this case. He added that the concerns that the
surrounding property owners have deals with another component of a land use application and this case is
for the pipeline only. Therefore, staff requested to move forward with this case today.
Commissioner Jemiola asked if this case was adequately noticed. Staff stated that the case was noticed
properly.
Commissioner Jemiola said that he appreciates the request for continuance, however he feels it would be
a disservice to the people who have come here today. Mr. Jemiola said that he would like to hear the case
today. The Planning Commission members agreed to hear the case today.
Kim Ogle, Planning Services, presented Case USR17-0032, reading the recommendation and comments
into the record. Mr. Ogle noted that, as previously stated, five (5) letters were received from surrounding
property owners. The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Evan Pinkham, Public Works, reported on the access and right-of-way permits.
Hayley Balzano, Engineering, reported on the drainage conditions for the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
1.
Cory Jordan, Discovery Midstream Partners, 7859 Walnut Hill, Dallas, Texas. stated that they are proposing
a natural gas pipeline for approximately 15 miles in length. The pipeline originates in Adams County and
will then go into their processing plant in Weld County. The gas will then be transported onto third -party
pipelines for delivery to regional markets.
Commissioner Sparrow asked if the gas will be scented. Mr. Jordan replied that it is unscented.
Commissioner Wailes asked what percentage the applicant has in agreements with the landowners. Mr.
Jordan couldn't offer a percentage, however he said that there are only three (3) landowners along the
proposed corridor that haven't signed agreements yet.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Ed Engle, 4233 Falcon Drive, Ft. Lupton, stated that he is the President of Buffalo Ridge HOA and is
concerned with the traffic from the construction of the gas plant. He understands that there will be a lot of
construction traffic with the pipeline that will further impact their community. He added that the traffic will
be the greatest when the residents leave and the school busses pick up the children. Mr. Engle said that
they are in opposition to the second gas plant proposed as well as this pipeline. He feels that the gas plant
has adequate pipeline to be run as a facility right now.
Dawn Pettinger, 17120 Falcon Drive, Ft. Lupton, said that her property adjoins the current gas plant
property. She is concerned that the value of their property will decrease. They feel it is too early to discuss
this pipeline since they are still in the process with Discovery Midstream to mitigate the impact that the
proposed second gas plant will have on their neighborhood and their individual home property values. She
said that they are opposed to this pipeline because of the impact it will have on their property values, noise
that will be generated and the dangers of having an industrial site next to a residential neighborhood.
Walter Pugliese, 17150 Eagle Street, Ft. Lupton, said that they don't want to shut this pipeline down but if
it is approved then the second phase is a done deal.
Christy Adams, 4088 Meadow Lark Road, Ft. Lupton, understands that we are talking about the pipeline
today but as everyone has said it is just more than the pipeline. She added that if the pipeline is approved
they will need a plant to process the gas. Ms. Adams said that they do not know yet the impact of their
quality of life from the second gas plant. She asked to delay the decision until such time they can work with
the applicants.
Nancy Pew, 17200 Eagle Street, Ft. Lupton, said that she is concerned as the traffic and noise were not
addressed in Phase 1 of the project. She stated that they are not in favor of this pipeline or the proposed
Phase 2.
Mark Rients, 4423 Falcon Drive. stated that he is concerned with this much volatility this close to his home
and it could create a catastrophic problem in their neighborhood should there be a natural disaster event.
He said that because it is odorless gas they have no way of being able to know if those pipes are leaking
above ground.
Commissioner Sparrow stated that Weld County will furnish a gas monitor for your home. Mr. Ogle
suggested that they contact Troy Swain, Weld County Oil and Gas Liaison, for more information.
Michael Desanti, 4180 Falcon Drive, stated that there are 45 residences in the subdivision and only 8
residences were notified so they didn't know about Phase 1. He stated that he is concerned with the
expansion of the pipeline and requested that this be denied.
Matthew Sura, 7354 Cardinal Lane, Longmont, Colorado, requested denial of this application or delay the
approval until Discovery obtains valid rights -of -way for the pipeline. His clients, Tom Morton, Michael Ware
and Bill Wycoff, feel that they have been misled by the applicants about the scope of this project. He added
that in an effort to obtain signed rights -of -way, the applicants misrepresented its project and failed to
disclose the location of a large compressor facility that is being planned near their properties. Mr. Sura
stated that this will have an undue adverse impact on the existing or future development.
2
Michael Ware, 845 CR 19, asked to postpone the approval of the pipeline as there has been a
misrepresentation of the project. He said that after their discussions and negotiations with the applicant an
agreement was completed, however the full extent of the project was not revealed to him. Mr. Ware said
that he feels that development of his property is being jeopardized.
Tom Morton, 515 CR 19, said that he is not here to stop the pipeline but wanted the Planning Commission
to know that they were lied to. He said that he asked specific questions if there would be above ground
appurtenances and if the pipeline would be a high pressure pipeline and added that he was told no to both
questions.
Mr. Jordan said that two separate topics were brought up. He understands their concerns, however
accusing them of fraudulent acts and slandering their name is very serious. Mr. Jordan said that they have
held neighborhood meetings for the pipeline in February and March. He added that they held community
meetings for the compressor station in May and June. He said that this pipeline is low pressure until there
is a compressor station attached to it. This pipeline is needed to get the volumes to the processing plant
that is currently permitted and under construction.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Commissioner Jemiola said that we are reviewing the pipeline and not a compressor station. If there is a
compressor station in the future, then they will evaluate the merits and location of that at that time. Mr.
Jemiola said that he believes pipeline infrastructure does help alleviate a lot of traffic on Weld County
Highways, which is a safety issue.
Motion: Forward Case USR17-0032 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Jordan Jemiola.
Commissioner Wailes asked Counsel if there is pending legal action regarding the rights -of way of this
pipeline. Bob Choate, County Attorney, said that he is not aware of any, however in Mr. Ware's testimony
he indicated that it may be something that could happen in the future. He added that Planning Commission
is not restricted from moving forward today. Those rights -of -way or easements have to be acquired and
recorded and those reception numbers listed on the final drawing, which is recorded as well. Therefore, it
is treated as a condition of approval that they need to acquire all of the right-of-way. Mr. Choate said that
the decision needs to be based on Section 23-2-480.
Commissioner Cope said that this case is for a pipeline and the compressor station and second plant will
be heard in the future. He said that the people need to be aware that the regulations are followed very
closely by staff. He added that whatever decision is made today, it is only a recommendation to the Board
of County Commissioners, who have the final determination. He said that they should proceed forward with
hearing this case. He added that every time someone felt there is an injustice there would be a delay and
nothing would get done.
Commissioner Cross agreed with Mr. Cope's comments. He said that there were some requests of delaying
approval of this case, however, the Planning Commission doesn't give approval as they give a
recommendation to the Board of County Commissioners.
Michael Wailes seconded the motion.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 5).
Yes: Bruce Sparrow, Jordan Jemiola, Michael Wailes, Terry Cross, Tom Cope.
Meeting adjourned at 4:07 pm.
Respectfully submitted,
413\lbknt-- ea1wle.n,
Kristine Ranslem
Secretary
3
ATTENDANCE RECORD
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NAME
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