HomeMy WebLinkAbout20173667.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Kim Ogle Hearing Date: October 17, 2017
Case Number: USR17-0040
Applicants: Green River DevCo LP and Noble Midstream Services LLC
Representative: Pam Hora, Tetra Tech IMR, Longmont, Colorado
Request: A Site Specific Development Plan and Use by Special Review Permit for a greater than
12 -inch high pressure natural gas pipeline connecting into the Green River DevCo, LP
natural gas pipeline (USR17-0034) in two segments, the north segment is
approximately one (1.0) mile in length and the south segment is approximately four and
one-half (4.5) miles in length in the A (Agricultural) Zone District
Legal
Description:
Location: Two pipeline segments, generally located south of County Road 24; west of County
Road 55; north of County Road 14 and east of County Road 59
The two pipeline segments will cross multiple sections including Sections 11, 10, 22,
27, 34 and 35, T2N, R64W of the 6th P.M., Weld County, CO
Size of Parcel: Varies, +1- 109 acres Parcel No.s: Multiple
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
Weld County Department of Public Health and Environment, referral dated September 11, 2017
Y Weld County Department of Planning Services - Engineer, referral dated September 14,2017
Weld County Department of Public Works, referral dated September 14, 2017
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
▪ Weld County Zoning Compliance, referral dated August 17, 2017
▪ Southeast Weld Fire Protection District referral dated August 17, 2017
▪ Town of Keenesburg, referral dated August 22, 2017
▪ Weld County Sheriff's Office, referral dated August 25, 2017
The Department of Planning Services' staff has not received responses from the following agencies:
V V V V V V
History Colorado
Town of Hudson
Colorado Parks and Wildlife
Southeast Weld Conservation District
Weld County Office of Emergency Management
Weld County Department of Public Works - Access
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Green River DevCo LP and Noble Midstream Services LLC
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Kim Ogle Hearing Date: October 17, 2017
Case Number: USR17-0040
Applicants: Green River DevCo LP and Noble Midstream Services LLC
Representative: Pam Hora, Tetra Tech IMR, Longmont, Colorado
Request: A Site Specific Development Plan and Use by Special Review Permit for a greater than
12 -inch high pressure natural gas pipeline connecting into the Green River DevCo, LP
natural gas pipeline (USR17-0034) in two segments, the north segment is
approximately one (1.0) mile in length and the south segment is approximately four and
one-half (4.5) miles in length in the A (Agricultural) Zone District
Legal
Description:
Location:
The two pipeline segments will cross multiple sections including Sections 11, 10, 22,
27, 34 and 35, T2N, R64W of the 6th P.M., Weld County, CO
Two pipeline segments, generally located south of County Road 24; west of County
Road 55; north of County Road 14 and east of County Road 59
Size of Parcel: Varies, +1- 109 acres Parcel No.s: Multiple
Case Summary:
The South Area Gas Pipeline, Phase 2 includes two separate 12 -inch natural gas pipelines, both of which
will connect to the South Area Gas Pipeline (USR17-0034). The total length of natural gas pipeline to be
permitted with this application is approximately 6 miles. The pipeline flow measurement will be monitored
by a Supervisory Control and Data Acquisition (SCADA) system. The natural gas that flows into the
pipeline will come from other Econodes in the vicinity and that gas will travel north to a third -party
compressor station that is independent of Green River. The independent natural gas processing company
will process the natural gas and sell it to an end user such as Xcel Energy for use by the public.
The typical easement agreement that Green River is acquiring from landowners will include provisions for
both a permanent easement and a temporary easement. Temporary construction easements are also
being requested so that contractors have adequate space to work during pipeline installation.
When the proposed 5.5 miles of natural gas pipeline is constructed, the depth of the pipeline will vary
depending on surface conditions, but the minimum pipeline depth will be compliant with DOT
requirements. DOT 192.327 code requires the pipeline to have at least 30 inches of cover in Class 1
locations and 36 inches of cover in Class 2, 3, and 4 locations. Where it crosses under roads, ditches, or
railroads, it needs to have at least 36 inches of cover. Green River will evaluate class locations to
determine applicable cover.
The pipeline is planned to cross Weld County Roads, Interstate 76, and the Burlington Northern Santa Fe
(BNSF) Railroad right-of-way. Permits will be acquired from Weld County, Colorado Department of
Transportation (CDOT) and BNSF to cross each of these ROWs. In addition, ditch crossing agreements
permits will be obtained from ditch companies for any ditches that need to be crossed.
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The preferred route is approximately 5.5 miles long. During construction of the pipeline, a 30' - 60' strip
of land (22 - 44 acres) along the alignment will be disturbed and then reclaimed following installation of
the proposed South Area Gas Pipeline. Green River DevCo LP has acquired a permanent easement
along the pipeline route, the width of which varies from 30'-150' (22 - 109 acres) depending on if other
utilities are co -locating in the easement. The portion of this permanent easement required for the South
Area Gas Pipeline varies from 50'-90' (36 - 65 acres).
The preferred 5.5 mile pipeline route bypasses the more populated areas of unincorporated Weld County
with a lesser impact to existing encumbrances and residential areas and was deemed to be the most
direct route and will be placed on properties owned by landowners who are willing to grant easements
to Green River. In addition, the route selected will minimize impacts on the community, minimize cost
and maximize safety during construction by being located along a lesser -travelled County Road
versus a higher -speed arterial road.
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the Department of Planning Services' staff that the applicant has shown
compliance with Section 23-2-480 of the Weld County Code as follows:
A. Section 23-2-480.A.1 - All reasonable efforts have been made to avoid irrigated cropland
or to minimize the negative impacts on agricultural uses and lands.
The application indicates that the pipeline will be located to minimize impacts on the
operation of irrigation equipment. All soils removed for installation of the pipeline will be
returned to their original location and will not be moved offsite. Green River DevCo LP
and Noble Midstream Services LLC [Green River - Noble Midstream] 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
and pivot irrigation systems.
B. Section 23-2-480.A2 - The pipeline will not have an undue adverse effect on existing
and future development of the surrounding area, as set forth in applicable Master Plans.
The pipeline is located within the 3 -mile referral area of the Towns of Hudson and
Keenesburg, The Town of Hudson did not return a referral. The Town of Keenesburg
returned a referral dated August 22, 2017 indicating the request does comply with [their]
Comprehensive Plan.
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, Interstate 76, and the Burlington Northern Santa Fe (BNSF)
Railroad rights -of -way and the Box Elder Floodplain. The applicant shall submit a
floodplain permit prior to installing the pipeline, and delineate the floodplain and floodway
(if applicable) boundaries on the map.
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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 surface waterbodies will be crossed by the pipeline either by
boring beneath the bed of the waterbody, or by utilizing an open -cut crossing method. If
the open -cut crossing method is used, BMPs will be installed to protect the waterbody
from erosion or sediment runoff; tracking pads will be utilized where heavy equipment is
required to cross roads to prevent damage to the road surface; topsoil will be segregated
from subsoil during grading activities.
All pipelines will be compliant with the DOT requirements. Per this standard, pipelines
are required to have a minimum of 30 -inches of cover and in many locations there will be
a minimum of 36 -inches of cover or greater if required by local or state agencies. The
pipeline trench will be excavated mechanically; pipe segments will then be strung along
the ditch line and then welded together using welders and weld procedures qualified
under the requirements of the Code of Federal Regulations; each weld will be examined
utilizing industry standard non-destructive examination, or x-ray, procedures by qualified
technicians; the coating on the pipeline will be inspected for damage and repaired as
necessary and then the line(s) will be lowered into the trench and backfilled. The
pipeline(s) will subsequently be pressure tested using water (hydrostatically tested) to
industry regulations.
The transportation of natural gas via pipeline is generally safer than other potential
modes of transport. There is some small risk of an accident in which the integrity of the
pipeline may be compromised resulting in a release of natural gas or natural gas liquids.
Wet natural gas contains condensed forms of heavier natural gas liquids and produced
water and is considered both flammable and combustible. Dry natural gas is a clean
burning fuel source, also considered both flammable and combustible.
In general, signs of a pipeline leak, include dead or discolored vegetation that is
otherwise green along the pipeline right-of-way, along with pools of liquid or clouds of
vapor or mist not usually present.
Green River - Noble Midstream will clearly mark the pipeline centerline with markers
placed at line of site intervals and at all road and canal crossings. The markers will
clearly identify the pipeline, and will provide a telephone number and address where a
company representative can be reached in an emergency or prior to any excavation in
the area. Green River - Noble Midstream 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.
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 Green River -
Noble Midstream as the owner / operator, provide a telephone number and address
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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 Green River - Noble
Midstream operations and control center that is staffed 24 hours / day, 7 days / week by
trained operators, qualified in both the day-to-day operation of the respective pipelines
and associated facilities, and in emergency response procedures. These operators will
also have the ability to monitor the operation of the pipeline system through a
Supervisory Control and Data Acquisition ("SCADA") system. Through the SCADA
system, operators will be able to see key parameters associated with the operation of the
respective pipelines, including pressure, temperature, and flow rate. In the event that
these parameters, or other critically identified criteria fall outside of pre -determined
normal operating allowances, the SCADA system will raise warnings of potential
operational upsets or pending emergency conditions, providing the operator with time to
make corrections, if possible, to the system operation in order to clear the warning. In the
event that the specified parameters, or critically identified criteria reach pre -determined
set points within the system operation, the SCADA system will alarm.
Upon notification of an emergency, either through the public emergency call number,
SCADA system, operator inspection and training, or other originating source, Green River
- Noble Midstream 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 Green River - Noble
Midstream would implement their internal safety response procedures, including
dispatching trained personnel to the site of the emergency.
F. Section 23-2-480.A.6 - All reasonable alternatives to the proposal have been adequately
assessed, and the proposed action is consistent with the best interests of the people of
the County and represents a balanced use of resources in the affected area.
The applicant reviewed alternative pipeline locations. The preferred route utilizes a
pipeline right-of-way corridor negotiated through agreements with private property
owners. The alternatives would likely result in additional safety impacts due to the
proximity of the two 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 Desktop Environmental Review prepared by SWCA Environmental Consultants dated
June 2017 for the Mustang Pipeline project route for a specific site assessment of the
biological, aquatic and cultural resources adjacent to the proposed pipeline route. The
purpose of this review was to identify any significant natural or cultural resource
constraints or risks associated with the development of the pipelines. Colorado Parks
and Wildlife and History Colorado did not return a referral response indicating a conflict
with their interests.
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. Green River - Noble Midstream
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
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character of the area and prevent property damage of the type generally attributed to run-
off rate and velocity increases, diversions, concentration and/or unplanned ponding of
storm run-off.
The Design Standards (Section 23-2-240, Weld County Code), Operation Standards
(Section 23-2-250, Weld County Code), Conditions of Approval and Development
Standards can ensure that there are adequate provisions for the protection of health,
safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to recording the map:
A. A copy of the signed and recorded (construction and post -construction) lease agreements
(or other acceptable authorization from property owner) for pipeline right-of-way
(easements) shall be submitted to the Department of Planning Services. (Department of
Planning Services)
B. A copy of the signed Colorado Department of Transportation pipeline crossing agreement/
easement or a letter indicating no agreement is necessary shall be submitted to the
Department of Planning Services. (Department of Planning Services)
C. A copy of the signed Burlington Northern - Santa Fe railway crossing agreement/
easement or a letter indicating no agreement is necessary shall be submitted to the
Department of Planning Services. (Department of Planning Services)
D. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR17-0040. (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-520 of the Weld County
Code. (Department of Planning Services)
4. The final location of the permanent gas pipeline easement with dimension of
permanent easement, property ownership, parcel number, and any significant man-
made features within one-half (0.5) mile on each side of the approved route.
(Department of Planning Services)
5. County Road 16 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 label 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 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 label on the site plan the future and existing right -of -
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way. All setbacks shall be measured from the edge of future right-of-way. This road
is maintained by Weld County. (Department of Public Works)
7. County Road 20 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 label 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)
8. At locations where the pipeline crosses the Section Line right-of-way, show and label
the section line right-of-way as "County Road 55 Section Line right-of-way, not
County maintained." (Department of Public Works)
9. At locations where the pipeline crosses the Section Line right-of-way, show and label
the section line right-of-way as "County Road 57 Section Line right-of-way, not
County maintained." (Department of Public Works)
10. The crossing agreement reception number for all irrigation ditches and canals, as
applicable.
11. The Colorado Department of Transportation pipeline crossing agreement reception
number for the CDOT right-of-way, as applicable.
12. The Burlington Northern - Santa Fe railway company crossing agreement reception
number for the BNSF railroad right-of-way, as applicable.
13. Show the floodplain and floodway (if applicable) boundaries on the map. Label the
floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or
appropriate study. (Department of Planning Services - Floodplain)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper
copy or one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County
Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar
map along with 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)
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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. 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. (Department of Planning Services - Floodplain)
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. (Department of Public Works)
6. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the Office of
Emergency Management and the Fire District. The plan shall be reviewed on an annual basis
by the Facility operator, the Fire District and the Weld County Office of Emergency
Management. Submit evidence of acceptance to the Department of Planning Services.
(Department of Planning Services)
7. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review map is ready to be recorded in the office
of the Weld County Clerk and Recorder or the applicant has been approved for an early release
agreement. (Department of Planning Services)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Green River DevCo, LP- Noble Midstream
USR17-0040
1. A Site Specific Development Plan and Use by Special Review Permit, USR17-0040 for a greater than
12 -inch high pressure natural gas pipeline connecting into the Green River DevCo, LP natural gas
pipeline (USR17-0034) in two segments, the north segment is approximately one (1.0) mileA in length
and the south segment is approximately four and one-half (4.5) miles in length 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 Public Works)
5. The access to the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking. (Department of Public Works)
6. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
7. Access will be along unmaintained County right-of-way and maintenance of the right-of-way will not
be the responsibility of Weld County. (Department of Public Works)
8. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Planning Services - Engineer)
9. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services - Engineer)
10. 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)
11. 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)
12. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.5.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
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13. 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)
14. 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)
15. Fugitive dust and fugitive particulate emissions shall be controlled along the construction route. Uses
on the property should comply with the Colorado Air Quality Commission's air quality regulations.
(Department of Public Health and Environment)
16. 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)
17. 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)
18. 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)
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.
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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.
U S R17-0040
Green River DevCo LP and Noble Midstream Services LLC
Page 11 of 11
September 21, 2017
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@weldgov.com
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
PAM HORA
1900 S SUNSET ST STE 1E
LONGMONT CO 80501
Subject: USR17-0040 - A Site Specific Development Plan and Use by Special Review Permit for a
greater than 12 -inch high pressure natural gas pipeline connecting into the Green River DevCo, LP
natural gas pipeline (USR17-0034) in two segments, the north segment is approximately one (1.0) miles
in length and the south segment is approximately four and one-half (4.5) miles in length in the A
(Agricultural) Zone District
On parcel(s) of land described as:
SOUTH SEGMENT: ORIGINATING IN SECTION 35, T2N, R64W HEADING WEST INTO
SECTION 34, HEADING NORTHWESTERLY INTO SECTION 27 THEN NORTH INTO SECTION
22, T2N, R64W AND TERMINATING.
NORTH SEGMENT: ORIGINATING IN SECTION 11, T2N, R64W HEADING WEST INTO
SECTION 10 T2N, R64W AND TERMINATING, ALL IN THE 6TH P.M., WELD COUNTY,
COLORADO
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on October 17, 2017, at 12:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on November 15,
2017 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration
Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Planning Commission members or Board of County
Commissioners may have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.weldcountyplanningcases.org
Page 2 of 2
If you have any questions concerning this matter, please call.
Respectfully,
Kim Ogle
Planner
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@weldgov.com
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
August 17, 2017
PAM HORA
1900 S SUNSET ST STE 1E
LONGMONT CO 80501
Subject: USR17-0040 - A Site Specific Development Plan and Use by Special Review Permit for a
greater than 12 -inch high pressure natural gas pipeline connecting into the Green River DevCo, LP
natural gas pipeline (USR17-0034) in two segments, the north segment is approximately one (1.0) miles
in length and the south segment is approximately four and one-half (4.5) miles in length in the A
(Agricultural) Zone District
On parcel(s) of land described as:
The Preferred Pipeline Route are split into two segments with the North Segment commencing in the
Northeast Quarter of Section 11, T2N, R64W heading in a westerly direction into Section 10, T2N,
R64W and terminating into the Green River DevCo LP (USR17-0034) natural gas pipeline. The South
Segment commences near the terminus of the Green River DevCo, LP natural gas pipeline
(USR17-0034) in Section 22, T2N, R64W heading south into Section 27, T2N, R64W heading
southeasterly into Section 34, T2N, R64W then heading easterly into Section 35, T2N, R64W and
terminating all in the 6th P.M., Weld County Colorado
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Hudson at Phone Number 303-536-9311
Keenesburg at Phone Number 303-732-4281
It is recommended that you contact the listed Planning Departments for information regarding their
process and to answer any questions that might arise with respect to your application.
If you have any questions concerning this matter, please call.
Respectfully,
Kim Og
Planner
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