HomeMy WebLinkAbout20173665.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0040, FORA GREATER THAN 12 -INCH HIGH PRESSURE NATURAL
GAS PIPELINE IN TWO SEGMENTS, THE NORTH SEGMENT IS APPROXIMATELY
ONE (1) MILE IN LENGTH AND THE SOUTH SEGMENT IS APPROXIMATELY 4.5
MILES IN LENGTH IN THE A (AGRICULTURAL) ZONE DISTRICT - GREEN RIVER
DEVCO, 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 15th day of
November, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Green River DevCo, LP, 1625 Broadway #2200, Denver, CO 80202,
for a Site Specific Development Plan and Use by Special Review Permit, USR17-0040, for a
greater than 12 -inch high pressure natural gas pipeline in two segments, the North Segment is
approximately one (1) mile in length and the South Segment is approximately 4.5 miles in length
in the A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
The Preferred Pipeline Routes are split into two
segments with the North Segment commencing in
the NE1/4 of Section 11, Township 2 North, Range
64 West heading in a westerly direction into Section
10, 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, Township 2 North,
Range 64 West heading south into Section 27
heading southeasterly into Section 34, then heading
easterly into Section 35, Township 2 North, Range
64 West and terminating all in the 6th P.M., Weld
County, Colorado
WHEREAS, at said hearing, the applicant was present and represented by Pam Flora and
Ryan Kacirck, Tetra Tech, 1900 S. Sunset Street, Suite 1E, Longmont, CO 80615, 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.
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2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.6 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 off -site. 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.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 Towns of Hudson and Keenesburg. The Town of
Hudson did not return a referral response. The Town of Keenesburg
returned a referral response dated, August 22, 2017, indicating the request
does comply with the Town's 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.
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
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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
participates in the Colorado "One Call" system, which serves as a
clearinghouse for excavation activities that are planned close to pipelines
and other underground utilities. Each respective pipeline centerline will be
clearly identified with markers placed at line -of -sight intervals and at all
road crossings. These markers will clearly identify Green River — Noble
Midstream as the owner/operator, and provide a telephone number and
address where a company representative can be reached in an
emergency. In the event of an emergency, a call to the number on these
markers will go to Green River — Noble Midstream operations and control
center that is staffed 24 hours a day, seven (7) days a week by trained
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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
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 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 was 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.
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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; the
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 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 Green River DevCo, LP, for a Site Specific Development
Plan and Use by Special Review Permit, USR17-0040, for a greater than 12 -inch high pressure
natural gas pipeline in two segments, the North Segment is approximately one (1) mile in length
and the South Segment is approximately 4.5 miles in length 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 plat:
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. 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.
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.
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0040.
2) The attached Development Standards.
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3) The map shall be prepared in accordance with Section 23-2-520 of
the Weld County Code.
4) Show and label 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 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 the
existing right-of-way. All setbacks shall be measured from the edge
of the right-of-way. This road is maintained by Weld County.
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 the future and existing right-of-way. All setbacks shall be
measured from the edge of the future right-of-way. This road is
maintained by Weld County.
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 the future right-of-way. This road is
maintained by Weld County.
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."
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."
10) Show and label the crossing agreement reception number for all
irrigation ditches and canals, as applicable.
11) Show and label the Colorado Department of Transportation pipeline
crossing agreement reception number for the CDOT right-of-way,
as applicable.
12) Show and label the Burlington Northern — Santa Fe Railway
Company crossing agreement reception number for the BNSF
railroad right-of-way, as applicable.
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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.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one
(1) paper copy or one (1) electronic copy (.pdf) of the map for preliminary approval
to the Weld County Department of Planning Services. Upon approval of the map,
the applicant shall submit a Mylar map along with all other documentation required
as Conditions of Approval. The Mylar map shall be recorded in the office of the
Weld County Clerk and Recorder by the Department of Planning Services. The
map shall be prepared in accordance with the requirements of Section 23-2-260.D
of the Weld County Code. The Mylar map and additional requirements shall be
submitted within one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution. The applicant shall be responsible for paying
the recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map not be recorded within the required one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution, a
$50.00 recording continuance charge shall be added for each additional three (3)
month period.
4. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable format is a projected ESRI
shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983
UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS
0501 (US Feet), etc.). This digital file may be sent to maps@co.weld.co.us.
5. Prior to Construction:
A. If more than one (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.
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.
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
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reviewed on an annual basis by the Facility operator, the Fire District and
the Weld County Office of Emergency Management. Submit evidence of
acceptance to the Department of Planning Services.
7. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review map
is ready to be recorded in the office of the Weld County Clerk and Recorder or the
applicant has been approved for an early release agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of November, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLQRADO
ATTEST: die444) jele4
Weld County Clerk to the Board
BY: O _-
Deputy Clerk to the Board
ED A
County Attorney
Date of signature: t l SJ' 17
Julie A. Cozad, Chair
Steve Moreno Pro -Tern
can P. Conway
1C a Freeman
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
GREEN RIVER DEVCO, LP
USR17-0040
1. The Site Specific Development Plan and Use by Special Review Permit, USR17-0040, is
for a greater than 12 -inch high pressure natural gas pipeline in two segments, the North
Segment is approximately one (1) mile in length and the South Segment is approximately
4.5 miles in length 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. Access will be along unmaintained County right-of-way and maintenance of the
right-of-way will not be the responsibility of Weld County.
8. The historical flow patterns and runoff amounts on the site will be maintained.
9. Weld County is not responsible for the maintenance of on -site drainage related features.
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.
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.
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12. 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.
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, Section 30-20-100.5, C.R.S.
14. 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.
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.
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.
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.
18. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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.
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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 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.
24. 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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