HomeMy WebLinkAbout20173905RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0049, FORA GREATER THAN 12 -INCH HIGH PRESSURE NATURAL
GAS PIPELINE APPROXIMATELY 1.3 MILES LONG (16 -INCH NATURAL GAS
PIPELINE ORIGINATING AT THE MEWBOURN GAS PLANT [5MJUSR17-83-0542]
AND TERMINATING AT THE COLORADO INTERSTATE GAS INTERCONNECT) IN
THE A (AGRICULTURAL) ZONE DISTRICT - DCP OPERATING COMPANY, LP
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 13th day of
December, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of DCP Operating Company, LP, 3026 4th Avenue, Greeley, CO 80631,
for a Site Specific Development Plan and Use by Special Review Permit, USR17-0049, for a
greater than 12 -inch high pressure natural gas pipeline approximately 1.3 miles long (16 -inch
natural gas pipeline originating at the Mewbourn Gas Plant [5MJUSR17-83-0542] and terminating
at the Colorado Interstate Gas interconnect) in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
Lot B of Recorded Exemption, RE -1550, being part
of the SE1/4 of Section 34; Lot B of Corrected
Recorded Exemption, CORR RE -3203, being part of
the SE1/4 of Section 35; Lot B of Recorded
Exemption, RECX16-0172, being part of the SW1/4
of Section 35; all in Township 4 North, Range 66
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by Patrick Groom,
of Witwer, Oldenburg, Barry and Groom, 822 7th Street, Suite #760, Greeley, CO 80631, and
WHEREAS, Section 23-2-230 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 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B 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. The application indicates that the pipeline will be located to
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SPECIAL REVIEW PERMIT (USR17-0049) — DCP OPERATING COMPANY, LP
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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 off -site. DCP Operating Company, LP,
hereinafter referred to as DCP, 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 agricultural lands. The preferred route is
sited on plowed fields, dryland grazing lands, and pivot irrigation fields.
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 three (3) mile
referral area of the Town of Gilcrest. The Town of Gilcrest returned a
referral dated October 5, 2017, stating they had reviewed the request and
find no conflicts with their interests.
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
Weld County roads and the Platte Valley Ditch operated by the Farmers
Reservoir and Irrigation Company (FRICO).
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 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 irrigation ditches will be crossed by
the pipeline boring beneath the bed of the waterbody 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; and topsoil will be segregated from
subsoil during grading activities. All pipelines will be compliant with the
Department of Transportation (DOT) requirements. Pipelines are required
to have a minimum of 30 inches of cover, or greater, if required by local or
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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. In addition to DCP's
monitoring and valve cutoff systems described in the section below, DCP
will clearly mark the pipeline centerline with markers placed at line -of -site
intervals, and at road and railroad crossings. The markers will clearly
indicate the presence of a gas 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 of the pipeline. In
addition, DCP participates in the "One Call" system. "One call" systems
serve as the clearinghouse for excavation activities that are planned close
to pipelines and other underground utilities. DCP maintains a monitoring
system that includes a gas control center that tracks pressures, flows, and
deliveries on its entire system. The gas control center is staffed 24 hours a
day, seven (7) days a week, 365 days a year. DCP also has area offices
near the pipeline route with personnel who can provide the appropriate
response to emergency situations and direct safety operations as
necessary. DCP's pipeline systems are equipped with remotely controlled
valves that can be operated from the gas control center. In the event of an
emergency, the valves allow for a section of the pipeline to be isolated from
the rest of the system. Data acquisition systems are also present at all of
DCP's meter stations. If system pressures fall outside of a predetermined
range, an alarm is activated, and notice is transmitted to the gas control
center. Routine aerial and ground inspections are conducted by DCP
personnel or contractors. These inspections allow DCP to identify soil
erosion that may expose the pipeline, dead vegetation that may indicate a
leak in the line, unauthorized encroachment on the ROW by a third party,
or other conditions that may lead to a safety hazard and/or require
preventative maintenance or repairs.
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. This route was selected as the preferred
project route as it balances environmental sensitivity, operational
efficiency, cost minimization, and adjacent landowner considerations. As
such, DCP has proposed this alignment as the preferred route as it helps
meet the operational needs of the project while minimizing impacts to the
surrounding community and environment. In the early planning stages,
DCP considered alternative route options through the property; however,
DCP generally decided to site the pipelines as close to the southern edge
of the property as possible in order to make inspection access easier and
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to reduce the potential for interruption to agricultural activities in the nearby
field and other resources.
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. The pipeline crosses cultivated fields and an irrigation canal.
Colorado Parks and Wildlife returned a referral dated September 19, 2017,
indicating no conflicts with their interests 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, 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. DCP 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 DCP Operating Company, LP, for a Site Specific
Development Plan and Use by Special Review Permit, USR17-0049, for a greater than 12 -inch
high pressure natural gas pipeline approximately 1.3 miles long (16 -inch natural gas pipeline
originating at the Mewbourn Gas Plant [5MJUSR17-83-0542] and terminating at the Colorado
Interstate Gas interconnect) in the A (Agricultural) Zone District, on the parcel of land described
above be, and hereby is, granted subject to the following conditions:
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.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0049.
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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, and any significant man-made features within one half
(0.5) mile on each side of the approved route.
5) County Road 38 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.
6) County Road 33 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.
7) Show and label the approved access locations, and the appropriate
turning radii (60') on the site plan. The applicant must obtain an
access permit in the approved location(s) prior to construction.
8) The applicant shall show the drainage flow arrows.
9) The crossing agreement reception number for all irrigation ditches
and canals, as applicable.
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
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$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. If more than one (1) acre is to be disturbed for construction of non -pipeline
items, a Weld County Grading Permit will be required prior to the start of
construction.
B. The approved access and tracking control shall be constructed prior to
on -site construction.
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 from the
Department of Public Works Permitting/Inspection agent.
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.
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of December, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
FAD COUNTY, COLORADO
ATTEST: dith4) jdio•vi
Weld County Clerk to the Board
BY: ckr,;_6(2.4iTh
Deputy Cler to the Board
APPRO • AS
County Attorney
Date of signature: 01-10 -1
Julie A. Cozad,Chair
Steve Moreno, Pro -T
Sean P. Conway
vlI
Freeman
arbara Kirkmeye
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DCP OPERATING COMPANY, LP
USR17-0049
1. The Site Specific Development Plan and Special Review Permit, USR17-0049, is for a
greater than 12 -inch high pressure natural gas pipeline approximately 1.3 miles long
(16 -inch natural gas pipeline originating at the Mewbourn Gas Plant [5MJUSR17-83-0542]
and terminating at the Colorado Interstate Gas interconnect) 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. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
6. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
7. 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.
8. The historical flow patterns and runoff amounts on the site will be maintained.
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.
10. During construction, all liquid and solid wastes (as defined in the Solid Wastes Disposal
Sites and Facilities Act, Section 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.
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11. 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, Section 30-20-100.5, C.R.S.
12. During construction, waste materials shall be handled, stored, and disposed of in a
manner that controls fugitive dust, blowing debris, and other potential nuisance conditions.
The facility shall operate in accordance with Chapter 14, Article I, of the Weld County
Code.
13. 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.
14. Adequate toilet facilities and handwashing units shall be provided during construction of
the project. Portable toilets are acceptable and shall be serviced by a cleaner licensed in
Weld County and shall contain hand sanitizers.
15. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
16. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
17. 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.
18. 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.
19. 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.
20. 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
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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.
21. 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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