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RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0015, FOR A GREATER THAN 12 -INCH HIGH PRESSURE NATURAL
GAS PIPELINE APPROXIMATELY FOUR (4.1) MILES LONG, FOUR (4) TEMPORARY
USE AREAS USED FOR STORAGE AND STAGING OF BORING EQUIPMENT AND
NATURAL GAS PIPE, CONSTRUCTION EQUIPMENT AND LAYDOWN FOR
NATURAL GAS SEGMENTS, A REGULATOR STATION AND SEVEN (7) BUILDINGS
TO HOUSE COMPONENTS OF THE REGULATOR STATION IN THE
A (AGRICULTURAL) ZONE DISTRICT - PUBLIC SERVICE COMPANY OF
COLORADO (PSCO), DBA XCEL ENERGY
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 31st day of
May, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Public Service Company of Colorado (PSCO), dba Xcel Energy, 1123 West 3rd
Avenue, Denver, Colorado 80223, for a Site Specific Development Plan and Use by Special
Review Permit, USR17-0015, for a greater than 12 -inch high pressure natural gas pipeline
approximately four (4.1) miles long, four (4) Temporary Use Areas used for storage and staging
of boring equipment and natural gas pipe, construction equipment and laydown for natural gas
segments, a regulator station and seven (7) buildings to house components of the regulator
station in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
Sections 35, 34, 26, 23, and 14, Township 2 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, at said hearing, the applicant was present, 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 23-2-510 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-530 of the Weld County Code as follows:
A. Section 23-2-530.A — All reasonable efforts have been made to avoid
irrigated cropland or to minimize the negative impacts on agricultural uses
and lands. The application indicates that the pipeline will be located to
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SPECIAL REVIEW PERMIT (USR17-0015) - PUBLIC SERVICE COMPANY OF COLORADO
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minimize impacts on the operation of irrigation equipment. All soils
removed for installation of the pipeline will be returned to their original
location and will not be moved off -site, unless soils are determined to be
unsuitable for backfill. Public Service of Colorado, an Xcel Company
[PSCo], 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 to wetland areas, water bodies and
agricultural lands. The preferred route is sited on dryland agricultural fields,
routed between and around existing utility corridors and oil and gas
encumbrances.
B. Section 23-2-530.6 — 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 City of Fort Lupton. The City of Fort Lupton returned a
referral dated March 6, 2017, indicating no conflict, further stating a right-
of-way permit will be required from the City of Fort Lupton Public Works
Department for the crossing of County Road 16. A Community meeting was
held on Thursday, January 26, 2017, at the Fort Lupton Public and School
Library, located in Fort Lupton, Colorado. Notification of the neighborhood
meeting was mailed to all identified property owners within 500 feet of the
proposed pipeline project on January 13, 2017. Eight (8) of the 51 property
owners in the notification area attended the neighborhood meeting and had
questions regarding the proposed pipeline alignment, the easement for
construction and for operating, the timeline for permitting and construction,
the ownership of the pipeline, who will use the gas obtained from Anadarko
and the method for providing maintenance of the pipeline.
C. Section 23-2-530.C — The design of the proposed pipeline mitigates
negative impacts on the surrounding area to the greatest extent feasible.
The applicant indicates that many private easements (rights -of -way without
fee ownership) have been negotiated for the pipeline with private land
owners, whereas any alternative alignments would require new easements
to be negotiated and involve crossings that may result in greater
environmental impacts in certain locations. The preferred pipeline route
minimizes environmental surface impacts. The pipeline will cross under
the Tri-State Generation and Transmission high voltage transmission line
(USR14-0067) and under three (3) County roads.
D. Section 23-2-530.D — 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 and dust suppression.
E. Section 23-2-530.E -- The applicant has agreed to implement any
reasonable measures deemed necessary by the Board of County
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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 the applicant will either bore beneath the bed of the
waterbody, or utilize 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; and topsoil will be segregated from subsoil during grading
activities. The pipeline will be compliant with the Colorado Department of
Transportation (CDOT) requirements. Per CDOT, pipelines are required to
have a minimum of 48 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. PSCo will clearly mark
the pipeline centerline with markers placed at the 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. In the event of an emergency, PSCo has prepared
a Gas Emergency Plan to establish emergency protocols for natural gas
pipeline facilities that include the preparation and planning for emergencies
and natural disasters, the receipt and classification of odor complaint and
gas emergency calls, dispatch of company personnel, and responsibilities
of response personnel. An Emergency Response Plan would be developed
for the construction and operations phases of the proposed project. This
plan would be written to include elements of the emergency response
departments near the project area, including how and when to
communicate with the Weld County Sheriff's Office, Paramedic Services,
the Weld County Office of Emergency Management, and the Fort Lupton
Fire Protection District. PSCo gas control staff are responsible for the
constant electronic monitoring (24 hours a day, seven (7) days a week) of
gas system flows and pressures and for coordinating various sources of
natural gas to ensure adequate system supply and pressure. When
notified, they would immediately respond to pressure regulation or gas
odorization problems. These problems may include, but are not limited to,
distribution regulator failures, emergency valve operation, odorizer
malfunctions, and reports of damage, accidents, fires, excessive noise or
odor at the proposed regulator station or odorant injection facilities. Actions
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taken during a gas system emergency include, but are not limited to,
maintaining the pressure integrity and supply of the gas distribution and/or
transmission systems and contacting customers concerning emergency
load reductions as needed. In an emergency situation, a natural gas
pipeline pressure reduction or shutdown to minimize hazards to life or
property may be necessary for numerous reasons, including a line break,
a facility malfunction, fire or explosion, or an emergency situation resulting
from an abnormal operating condition. In the case of a broken gas line or
fire or explosion at or near a natural gas pipeline facility, a response might
include the following activities: controlling pedestrian and vehicular traffic
as necessary, requesting the assistance of local emergency responders/
law enforcement personnel with this task if needed, and evacuating the site
and/or nearby areas, if needed. Emergencies involving a fire or an
explosion located at or near a PSCo natural gas pipeline facility,
considerable odorant leak or spill, or in the case of an outage resulting from
the failure of equipment, a break of a gas main or any other reason,
qualified PSCo personnel would be dispatched to control and/or correct the
emergency situation.
F. Section 23-2-530.F — 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 and utilizes
existing utility corridors. The alternatives would result in additional safety
impacts due to the proximity of the oil and gas and utility encumbrances,
existing residential development and other development in the area.
G. Section 23-2-530.G — 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 Biological Resources Assessment Report prepared by Tetra
Tech, Inc., dated February 7, 2017, and a Cultural Resource Site File
Search dated January 20, 2017, was researched, and inventoried for the
Pipeline 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 PSCo pipeline.
U.S. Fish and Wildlife returned a referral dated March 24, 2017, indicating
no comment and the Colorado Parks and Wildlife (CPAW) returned a
referral dated March 26, 2017, stating the agency concurs with the findings
of the biological assessment noting two primary concerns within the project
footprint are the possible presence of nesting raptors and the potential for
burrowing owls. CPAW recommended another survey be conducted prior
to construction of the pipeline standards. History Colorado did not return a
referral response indicating a conflict with their interests.
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H. Section 23-2-530.H — 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, which 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. PSCo acknowledges in their application
that the historical flow patterns and runoff amounts will be maintained on
the site, or in such a manner that it will reasonably preserve the natural
character of the area and prevent property damage of the type generally
attributed to run-off rate and velocity increases, diversions, concentration
and/or unplanned ponding of storm run-off. The Design Standards (Section
23-2-240, Weld County Code), Operation Standards (Section 23-2-250,
Weld County Code), Conditions of Approval and Development Standards
can ensure that there are adequate provisions for the protection of health,
safety, and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Public Service Company of Colorado (PSCO), dba Xcel
Energy, for a Site Specific Development Plan and Use by Special Review Permit, USR17-0015,
for a greater than 12 -inch high pressure natural gas pipeline approximately four (4.1) miles long,
four (4) Temporary Use Areas used for storage and staging of boring equipment and natural gas
pipe, construction equipment and laydown for natural gas segments, a regulator station and seven
(7) buildings to house components of the regulator station 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 USR map:
A. A copy of the signed and recorded (construction and post -construction)
lease agreements (or other acceptable authorization from property owner)
for pipeline right-of-way (easements) shall be submitted to the Department
of Planning Services.
B. The applicant shall attempt to address the concerns of the Fort Lupton Fire
Protection District, as stated in the referral dated March 13, 2017.
C. The USR map shall be amended to delineate the following:
1) All sheets of the USR map shall be labeled USR17-0015.
2) The attached Development Standards.
3) The USR map shall be prepared in accordance with Section
23-2-520 of the Weld County Code.
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4) The final location of the permanent gas pipeline easement with
dimension of permanent easement, property ownership, parcel
number, all easements of record, and all physical encumbrances.
5) County Road 16 is owned and maintained by the City of Fort
Lupton. The Municipality has jurisdiction over all accesses within
their jurisdiction. Please contact the municipality to verify the access
permit or for any additional requirement that may be needed to
obtain or upgrade the permit.
6) County Roads 18 and 20 are designated on the Weld County Road
Classification Plan as local roads, which require 60 feet of
right-of-way at full build out. There is presently 60 feet of
right-of-way. All setbacks shall be measured from the edge of future
right-of-way. The applicant shall delineate the existing right-of-way
on the site plan. All setbacks shall be measured from the edge of
right-of-way.
7) County Road 33 Section Line is shown to have 30 feet of
unmaintained section line right-of-way per the Weld County GIS
right-of-way map. The applicant shall delineate the existing
right-of-way on the site plan. All setbacks shall be measured from
the edge of right-of-way.
8) Show and label the section line Right -of -Way as "County Road (CR)
33 Section Line Right of Way, not County maintained"
9) The crossing agreement reception number for Barley Avenue,
(County Road 16) from the City of Fort Lupton Public Works
Department.
10) Show the approved access(es) on the USR map and label with the
approved Access Permit Number, AP17-00194.
11) Show and label all recorded easements on the USR map by book
and page number or reception number and date on the plan.
12) The applicant shall show the drainage flow arrows in the area of the
Regulator Station.
13) Show and label the entrance gate set back a minimum of 100 feet
from edge of shoulder, as applicable.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) paper copy or one (1) electronic copy (.pdf) of the USR map for preliminary
approval to the Weld County Department of Planning Services. Upon approval of
the USR map, the applicant shall submit a Mylar map along with all other
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documentation required as Conditions of Approval. The Mylar USR map shall be
recorded in the office of the Weld County Clerk and Recorder by the Department
of Planning Services. The USR map shall be prepared in accordance with the
requirements of Section 23-2-260.D of the Weld County Code. The Mylar USR
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 acquire a right-of-way permit from the City of Fort
Lupton Public Works Department for the crossing of Barley Avenue
(County Road 16) and place the permit number on the USR Map.
6. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the
Office of Emergency Management and the Fort Lupton Fire District. The
plan shall be reviewed annually by the facility operator, the Fire District and
the Weld County Office of Emergency Management. Submit evidence of
acceptance to the Department of Planning Services.
7. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review map
is ready to be recorded in the office of the Weld County Clerk and Recorder or the
applicant has been approved for an early release agreement.
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The above and foregoing Resolution
by the following vote on the 31st day of May,
ATTEST: dieetA) G:uldde4k,
Weld County Clerk to the Board
BY
APPR ED AS T
oun y Attorney
Date of signature: '7/1001
was, on motion duly made and seconded, adopted
A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD C•,' NTY, COLO DO
Julie Cozad, Chair
Steve Moreno, Pro-Tem
Sean P. Conway
TRLCLI
ke Freeman
arbara Kirkmey
c�
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
PUBLIC SERVICE COMPANY OF COLORADO (PSCO), DBA XCEL ENERGY
USR17-0015
1. The Site Specific Development Plan and Use by Special Review Permit, USR17-0015, is
for a greater than 12 -inch high pressure natural gas pipeline approximately four (4.1) miles
long, four (4) Temporary Use Areas used for storage and staging of boring equipment and
natural gas pipe, construction equipment and laydown for natural gas segments, a
regulator station and seven (7) buildings to house components of the regulator station 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 signed by representatives for the Fort Lupton Fire District and the
Weld County Office of Emergency Management to the Department of Planning Services.
4. 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.
5. 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.
6. Waste materials shall be handled, stored, and disposed of 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 I, of the Weld
County Code.
7. 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.
8. 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 of the
Colorado Department of Public Health and Environment, as applicable.
9. 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.
10. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
11. 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.
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12. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone District, as delineated in Section 25-12-103, C.R.S.
13. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
14. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
15. All road crossings shall be bored.
16. The historical flow patterns and runoff amounts on the site will be maintained.
17. 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.
18. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
19. 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.
20. 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.
21. 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.
22. 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
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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.
23. 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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