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HomeMy WebLinkAbout20173911MEMORANDUM TO: Kim Ogle, Planning Services DATE: October 16, 2017 FROM: Hayley Balzano, E.I., Development Engineer SUBJECT: USR17-0049 DCP The Weld County Department of Planning Services -Engineering has reviewed this proposal. Staff comments made during this phase of the application process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS: General Project Information/Location: Project description: high pressure natural gas pipeline, approx. 1.3 miles long This project is between County Road 31 and County Road 35 and is north of County Road 38. Parcel number: 105734400058, 105735300007, 105735400002 Drainage Requirements: Please contact Department of Planning Services/Engineering Development Review for questions or assistance for drainage requirements at 970-353-6100. This area IS within a Non -Urbanizing Drainage Area: Non -Urbanizing Drainage Areas typically require detention of runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained water at the historic runoff rate of the 1 -hour, 10 -year storm falling on the undeveloped site for NON -URBANIZING areas. Detention pond waived and a simple drainage narrative: The applicant has submitted a drainage narrative stating that the site meets exception 1.a.5 for pipelines. Grading Permit If more than 1 acre is to be disturbed for construction of non -pipeline items such as structures, parking lots, laydown yards etc..., a Weld County grading permit will be required prior to the start of construction. Grading Permit applications are accepted after the planning process is complete (plan recorded). An Early Release Request Form may be entertained only after the applicant and Planning Department have reviewed the referral and surrounding property owner comments. The Early Release Request may or may not be granted depending on referral comments and surrounding property owner concerns. Contact an Engineering representative from the Planning Department for more information. A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact: Colorado Department of Public Health and Environment, Water Quality Control Division, Rik Gay, 303-692- 3575. Geologic Hazard Area: This area IS NOT in a Geologic Hazard Area. Floodplain: This area IS NOT in a FEMA regulatory floodplain. CONDITIONS OF APPROVAL: A. The plan shall be amended to delineate the following: 1 The applicant shall show the drainage flow arrows. (Department of Planning Services -Engineer) Prior to Construction: A. If more than one (1) acre is to be disturbed for construction of non -pipeline items such as structures, parking lots, laydown yards etc..., a Weld County grading permit will be required. (Department of Planning Services -Engineer) DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN) 1. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning Services -Engineer) MEMORANDUM TO: Kim Ogle, Planning Services DATE: October 16, 2017 FROM: Evan Pinkham, Public Works SUBJECT: USR17-0049 DCP Midstream The Weld County Department of Public Works has reviewed this proposal. Staff comments made during this phase of the application process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS GENERAL PROJECT INFORMATION/LOCATION Project description: A Site Specific Development Plan and Special Review Permit for a greater than 12 - inch high pressure natural gas pipeline approximately 1.3 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 This project is along multiple parcels ACCESS An Access Permit is required for locations that need to be accessed during or after construction. Please work with Public Works to determine if construction of your pipeline requires an access permit or if access will be addressed through a right-of-way permit. Per Chapter 12, Article 5, Section 12-5-30, an Access Permit is required for access to Weld County maintained roadways. We strongly encourage you to discuss your access with Public Works prior to laying out your site plan to ensure the approved accesses are compatible with your layout. For new accesses and/or change of use of an existing access, the fee and photos are required (photo looking left and right along roadway from the access point and looking in to and out of the access point). These photos are used to evaluate the safety of the access location. Access permit instructions and application can be found at https://www.weldgov.com/departments/publIc works/permits/. Chapter 6, Sections 6.3, 6.4 and 6.5 of the Weld County Engineering and Construction Criteria offer access design guidance, which can be accessed at: https://www weldgov com/departments/public works/engineering/. For shared accesses, Public Works strongly recommends the property owner establish an access road maintenance agreement so future owners of the properties will be aware of their requirements for shared maintenance of the access road. This is not a requirement, but is recommended to avoid property owner conflicts in the future. Per Chapter 12, Appendix 12A.4.1 of the Weld County Code, an access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet. ROADS AND RIGHTS -OF -WAY County Road 38 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a(n) local road, which requires 60 feet of right-of-way. The applicant shall delineate on the site map or plat the future and existing right-of-way and the physical location of the road. If the right- of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of- way line. Be aware that physical roadways may riot be centered in the right-of-way. This road is maintained by Weld County. Pipelines crossing a county road shall obtain a Right -of -Way Permit and possibly a Special Transport Permit. Pipelines crossing county roads shall be bored, unless otherwise approved by Public Works. Any pipeline crossing an arterial road, such as Weld County Road 49 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. Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the County right-of-way. TRACKING CONTROL POLICY Per Chapter 12, Appendix 12A.10.1, traffic volumes to the proposed facility may require the installation of a tracking control device and/or a minimum of four inches of compacted recycled asphalt or aggregate road base. Tracking control is required to prevent tracking from the site onto public roadways. Minimal standards are listed below. Tracking control devices must maintain drainage from the site and along roadside ditches. Temporary tracking control shall be used during construction unless permanent tracking control is installed ahead of construction activities. IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT Public Works may require an Improvements Agreement for one or all the following reasons: • Off -Site Public Improvements • Road Maintenance Agreement • Construction Maintenance Agreement • Access Improvements Agreement An Improvements Agreement is required for sites with required offsite improvements per Chapter 12, Article V, Section 12-5-60. Collateral is required to ensure the improvements are completed, and maintained. Improvements/Road Maintenance Agreement: An example agreement is available at: https://www.weldclov com/UserFiles/Servers/Server 6/File/Departmerts/Public%20Works/DevelopmentR eviewlsprusr.pdf. It will detail the approved haul route(s), outline when offsite improvements will be triggered, and include a maintenance agreement for the haul routes. Possible mitigations included in the road maintenance agreement may include but are not limited to: dust control, specified haul routes, damage repairs, and future improvement triggers. CONDITIONS OF APPROVAL A. An Improvements and Road Maintenance Agreement is required for offsite improvements at this location. Road maintenance including, but not limited to dust control, tracking control, damage repair, specified haul routes and future traffic triggers for improvements will be included. (Department of Public Works) B. The plan shall be amended to delineate the following: 1. 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. (Department of Public Works) 2. 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. (Department of Public Works) 3. If required, show and label the approved access(es) (APXX-XX)OX), and the appropriate turning radii (60') on the site plan. (Department of Public Works) 4. 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) 5. Show the approved Municipality of Evans access(es) on the site plan and label with the approved access permit number if applicable. (Department of Public Works) 6. Show and label the entrance gate if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet. (Department of Public Works) Prior to Construction: A. 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) B. The approved access and tracking control shall be constructed prior to construction of the pipeline. (Department of Public Works) DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN) 1. The property owner shall control noxious weeds on the site. (Department of Public Works) 2. The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) 3. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 4. Any pipeline crossing an arterial road, such as Weld County Road 49 shall be bored with a minimum crossing depth of 10 feet below the lowest roadside ditch flowline elevation for all lines, except for oil and gas lines whose minimum depth will be 15 feet below the lowest roadside ditch flowline elevation. (Department of Public Works) WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org Memorandum To: Kim Ogle From: Lauren Light, Environmental Health Services Date: October 5, 2017 Re: USR17-0049 DCP Midstream, LP Environmental Health Services has reviewed this proposal for a Site Specific Development Plan and Special Review Permit 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 (5MJUSRI7-83-0542) and terminating at the Colorado Interstate Gas interconnect) in the A (Agricultural) Zone District. Permanent water and sewer is not required as this request is a temporary construction use. Portable toilets and bottled water can be utilized during construction of the pipeline. As the amount of disturbed area does not exceed 25 acres an Air Pollution Emission Notice (APEN) is not required. We have no objections to the proposal; however, we do recommend that the following requirements be incorporated into the permit as development standards: 1. 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. 2. 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. 3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. 4. 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. Health Administration Vital Records lot: 9/U 304 6410 Fax: 9/0-301-64 I'2 Public Health & Clinical Services Icic: 9/0 304 6420 Fax: 9i0-301-64 16 Environmental Health Communication, Services Education & Planning Tele:970-304-6415 Tele:970-.304-6470 Fux: 970-304-6411 Fox. 970-304-6452 Emergency Preparedness 8 Response Te le: 970-304-6470 Fax: 970-304-6452 Public Health 5. Adequate toilet facilities and handwashing units shall be provided during construction of the project. Portable toilets are acceptable. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. 6. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. Submit by Email Weld County Referral September 18, 2017 The Weld County Department of Planning Services has received the following item for review: Applicant: DCP Midstream, LP Case Number: DR17-0040 Please Reply By: October 16, 2017 Planner: Kim Ogle Project A Site Specific Development Plan and Special Review Permit for a greater than 12 -inch high pressure natural gas pipeline approximately 1.3 long (16 inch natural gas pipeline originating at the Mewbourn Gas Plant (5 JUSR17-83-0542) and terminating at the Colorado Interstate Gas interconnect) in the A (Agricultural) Zone District Location: Generally located north of CR 38; East of CR 31; south of CR 37 and west of CR 35 Parcel Number 105734400058-R7490398 Legal: PART SE4 SECTION 34, T4N, R66W LOT B REC EXEMPT RE -1550 of the 6th P.M., Weld County, Colorado. Parcel Number: 105735400002-R1422602 Legal: PART SE4 SECTION 35, T4N, R66W LOT B CCRR REC EXEMPT RE -3203 of the 6th P.M., Weld County, Colorado. Parcel Number 105735300007-R8948173 Legal: PART SW4 SECTION 35, T4N, R66W LOT B REC EXEMPT RECXI 6-0172 of the 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. if you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. We have reviewed the request and find that it does f does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Agency lat-4 Date at\ lot n Farmers Reservoir & Irrigation Company Weld County Planning Dept. 1555 N 17th Ave, Greeley, Co. 80631 (970) 353-6100 ext.3 O (970) 304-6498 fax The Farmers Reservoir and Irrigation Company 80 South 27th Avenue Brighton, CO 80601 PH: 303-659-7373 / FX: 303-659-6077 TO: Weld County DATE: September 19, 2017 FRICO Project# Referrals Weld County EMAILED: September 19, 2017 EMAILED TO: Kogle@co.eld.co.0 FAXED/MAILED: APPLICANT: DCP Midstream, LP RE: Use by Special Review CASE #: USR17-0049 DEAR Mr. Ogle: I wish to submit the following information regarding the above referenced project. t. The concerns of Farmers Reservoir and Irrigation Company are in the area of encroachment to the Right of Way of the canal. FRICO requires a minimum, of* ' on each side of the canal for a maintenance road plus the distance to the toe of the ditch embankment. The boundaries of the Right of Way must be agreed upon. Drainage is another concern that must be addressed as FRICO does not allow any developed storm flow into our canals. This will apply if any development happens. Property concerns need to be resolved. X No construction of any structure can be put on our ROW. No use of any sort including pedestrian or vehicle on our ROW is approved. Please send additional information regarding your project so that we may complete our review and that review criteria can be sent to you, if applicable. FRICO will require a license agreement FRICO will require an access permit X e request to comment again. The applicant has or X has not completed a Project Review Application and submitted a deposit for review fees with the Ditch Company. In addition to the above comments, FRICO's comments are limited to tbis set of plans. Please email Scott Edgar, FRICO General Manager or Eve Craven should you have any questions. Sincerely, Scott Edgar Scotafarmersresecom FRICO, General Manager Eve Craven EveWarmersres.com FRICO, Project Coordinator F R 1 C O THE FARMERS RESERVOIR AND IRRIGATION COMPANY 80 South 27th Ave. • Brighton, CO 80601 Telephone: 303-658-7373 • FAX 303-659-6077 November 13, 2017 Weld County Attn: Kim Ogle 1555 North ID -Avenue Greeley, CO 80631 RE: Crossings of FRICO Canals Dear Mr. Ogle, The Farmers Reservoir & irrigation Company ("FRICO") has received applications from DCP Operating Company, LP, ("DCI"), for a total of 7 crossings of the Platte Valley, East Neres and Gilmore Canals, in various locations throughout the Weld County. As part of FRP O's requirements, certain design criteria must be met, or alternative methods approved, for the crossing of our ditches at these various locations, If DCP meets our design criteria, FRICO is agreeable to granting approval of your applications. We look forward to working with them and our design engineers to review and approve their applications. If you have any questions, please feel free to contact me at 303-659-7373 ext. 312. Regards, Eve Craven Projects Coordinator ANADARKO PETROLEUM CORPORATION MAIN (720) 929-6000 1099 1$T" STREET, SUITE 1800 • DENVER, COLORADO 80202 Petroleum Corporation October 27, 2017 VIA E-MAIL Weld County Department of Planning Services Kim Ogle - Planner 15551. 17th Ave. Greeley, Co 80631 kogle@weldgov.com NOTICE OF OIL AND GAS LEASEHOLD INTERESTS OWNED BY KERR-McGEE OIL & GAS ONSHORE LP AND EXISTING PIPELINES OWNED BY KERR-McG EE GATHERING LLC Re: USR17-0049 and USR17-0050 DCP Midstream LP — "Applicant" Multiple Parcels Weld County, Colorado Mr. Ogle: This letter is being sent by Anadarko Petroleum Corporation on behalf of its subsidiaries Kerr-McGee Oil & Gas Onshore LP ("KMG") and Kerr-McGee Gathering LL ("KMGG") in response to USR17-0049 and LISR17-0050 (together the `Project"). KMG is the owner of valid oil and gas leases underlying numerous parts of the Project ("Leased Lands") and KMGG is the owner of numerous existing pipelines along or in close proximity to the proposed Project route. KMGG and KMG (together the "Anadarko entities") are submitting this comment timely, in accordance with State of Colorado and the County ' s procedural requirements. KMG's recorded oil and gas leases are real property interests entitling it to produce oil and gas from the Leased Lands (and, as may be applicable, adjacent lands). KMG has the right to utilize the Leased Lands to produce from existing wells, to maintain, rework, recomplete, and fracture those existing wells to enhance production, and to drill new wells to produce oil and gas, in accordance with applicable Colorado Oil and Gas Conservation Commission regulations and Colorado Statutes. KMG's oil and gas assets have significant value, and KMG is consequently concerned about any development, surface use, plan of use, PUD, zoning or rezoning, or other action by the County that would impair or preclude its ability to develop its oil and gas interests. The Anadarko entities do not object to the Project contingent upon the resolution of the following two issues: 1. KMGG is the owner of a valid Right -of -Way Grant that was executed on July 27m, 1992, and recorded on June 3011, 1995 with the Weld County Clerk and Recorder at reception number 2444883. Referenced Right -of -Way Grant is an exclusive easement located in the 5/2 of 4N -66W-35. The Applicant is wishing to cross this easement in order to enter Parcel # 105735400002, which is owned by the Applicant. KMGG will grant DCP Midstream LP a Crossing Agreement once an exact crossing location is provided. 2. The Applicant's route is encroaching on one of the State's prescribed drilling window located in the center of the SW/4 of the SW/4 of 4N -66W-13, Parcel tt 105713300066. The Applicant is working with the surface owner, Barbara Hungenberg, to move their initial centerline 45' to the east to avoid the conflict with said drilling window. The amended route is depicted on the revised Exhibit B: Tract A-009 executed October 2 t `, 2017, and attached hereto. The route adjustment will allow KMG to access their mineral interests from the drilling window. Please contact me at 720-929-3321 if you have any questions or comments about this matter. Sincerely, ANADARKO PETROLEUM CORPORATION pazi Emma Vannoy Landman cc: Jeff Fiske, Lead Counsel Ron Olsen Justin Shoulders Paul Ratliff Evan Johnson Bill Sheehan (Wsheehandcpmidstream.com) PART OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 4 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY STATE OF COLORADO NOTES: 1. THIS EXHIBIT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT AND THEREFORE LW SURVEY CO. HAS NOT RESEARCHED OR SHOWN ANY OTHER EASEMENTS, RIGHTS -OF -WAY, VARIANCES AND OR AGREEMENTS OF RECORD EXCEPT AS SHOWN HEREON. 2. THE LOCATION OF THE EASEMENT SHOWN HEREON IS BASED ON THE PROPOSED LOCATION OF THE PIPELINE. 3. THE BEARINGS SHOWN HEREON WERE ESTABLISHED BY COLORADO STATE PLANE NORTH, NAD 83. ALL DISTANCES SHOWN HEREON ARE GRID DISTANCES AND ARE IN U.S. SURVEY FEET. TO OBTAIN GROUND DISTANCES MULTIPLY VALUES GIVEN HEREON BY 1.00027078. LINE HEARING DISTANCE L1 NO2°39' 12" Ili} 261.59' L2 NO8°57'42"E 202.72' L3 N 04°29' 55" W 414.06' L4 N09°36'57"IN 271.6' L5 NO0°15'27"W 561.90' L6 N35°,37'18”E S"E 167.87' L7 NOO°13'32" U 81 1076' THE TOTAL LENGTH OF EASEMENT CENTERLINE SHOWN HEREON IS 2,691.54 FEET (163.12 RODS). THE TOTAL AREA OF THE 50' PERMAN ENT EASEMENT SHOWN HEREON IS 133,078 SQUARE FEET (3.06 ACRES). THIS SYMBOL DOES NOT REPRESENT A MONUMENTED LINE. THIS SYMBOL ONLY DEPICTS A CHANGE IN DIRECTION PART OF THE SW QUARTER OF SECTION 13, TOWNSHIP 4 NORTH, RANGE 66 WEST, 6TH P.M., WELD COUNTY, COLORADO Hello