HomeMy WebLinkAbout20171612.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Kim Ogle Hearing Date: May 2, 2017
Case Number: USR17-0015
Applicants: Public Service of Colorado, an XCEL Energy Company
Representative: Cheryl Diedrich, XCEL Energy, 1123 West 3rd Avenue, Denver, CO 80223
Request:
Legal
Description:
Location: Generally located south of County Road 22; west of County Road 37: north of County
Road 14 and east of County Road 31
A Site Specific Development Plan and Special Review Permit, USR17-0015 for a
Pipeline - Natural Gas and any use permitted as a Use by Right, an Accessory Use, or
a Use by Special Review in the commercial or industrial zone districts, provided that
the property is not a Lot in an approved or recorded subdivision plat or lots parts of a
map or plan filed prior to adoption of any regulations controlling subdivisions (Five (5)
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 four buildings to house components of the regulator station) in the A
(Agricultural) Zone District
Size of Parcel:
The pipeline will cross multiple sections including Sections 35, 34, 26, 23 and 14, T2N,
R66W of the 6th P.M., Weld County, CO
+1- 49.7 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:
V V V V V
Fort Lupton Fire Rescue District, referral dated March 13, 2017
Weld County Department of Public Works, referral dated March 23, 2017
City of Fort Lupton, referral dated March 23, 2017
Colorado Parks and Wildlife referral dated March 26, 2017
Weld County Department of Public Health and Environment, referral dated March 30, 2017
Weld County Department of Planning Services - Engineer, referral dated April 3, 2017
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
> Weld County Zoning Compliance, referral dated March 6, 2017
> US Fish & Wildlife Service referral dated March 24, 2017
> Weld County Sheriff's Office, referral dated March 29, 2017
> Weld County Department of Public Works - Access, referral dated April 4, 2017
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Public Service of Colorado, an XCEL Energy Company
Page 1 of 12
The Department of Planning Services' staff has not received responses from the following agencies:
V V V V V V V
Panhandle Eastern
DCP Midstream
Anadarko Petroleum
History Colorado
Platte Valley Conservation District
Tri-State Generation and Transmission
Weld County Department of Building Inspection
Weld County Office of Emergency Management
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Public Service of Colorado, an XCEL Energy Company
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Kim Ogle Hearing Date: May 2, 2017
Case Number: USR17-0015
Applicants: Public Service of Colorado, an XCEL Energy Company
Representative: Cheryl Diedrich, XCEL Energy, 1123 West 3rd Avenue, Denver, CO 80223
Request:
Legal
Description:
A Site Specific Development Plan and Special Review Permit, USR17-0015 for a
Pipeline - Natural Gas and any use permitted as a Use by Right, an Accessory Use, or
a Use by Special Review in the commercial or industrial zone districts, provided that
the property is not a Lot in an approved or recorded subdivision plat or lots parts of a
map or plan filed prior to adoption of any regulations controlling subdivisions (Five (5)
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 four buildings to house components of the regulator station) in the A
(Agricultural) Zone District
The pipeline will cross multiple sections including Sections 35, 34, 26, 23 and 14, T2N,
R66W of the 6th P.M., Weld County, CO
Location: Generally located south of County Road 22; west of County Road 37; north of County
Road 14 and east of County Road 31
Size of Parcel: +1- 49.7 acres
Case Summary:
The proposed route for the greater than 12 -inch high pressure natural gas pipeline designed to operate at
a hoop stress of twenty (20) percent or more at the specified minimum yield strength (SMYS) originates at
the Kerr-McGee Gathering, LLC Lancaster Gathering Facility, located on the south side of County Road
22, between County Roads 31 and 37 and terminates at the existing PSCo-owned Fort Lupton Metering
Station, located on the south side Barley Avenue, approximately 0.33 mile east of County Road 31. The
Lancaster to Fort Lupton Natural Gas Pipeline proposed project would reinforce the natural gas system
infrastructure and provide improved and reliable service to future and existing customers in the front
range.
The length of the new 24 -inch high-pressure steel pipeline would be approximately 4.1 miles. The pipeline
would be buried underground using open trenching techniques. In some locations, the pipeline would be
constructed using horizontal directional drilling (HDD) techniques to bore under roads. The bore areas
would be located outside of the roadway right-of-way. The pipeline would be designed with a maximum
allowable operating pressure (MAOP) of 1,000 pound -force per square inch gauge. The pipeline would be
buried at a depth necessary to ensure a minimum 48 -inch cover over the natural gas pipeline once
backfilling has been completed.
The proposed Project would include construction of a new regulator station located within the Kerr-McGee
Gathering, LLC Lancaster Gathering Facility property. The proposed regulator station would include
aboveground pipeline and associated valves, a pig launcher (used to insert remote cleaning and
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inspecting devices used for cleaning and inspecting into the pipeline), and four buildings to house
components of the regulator station.
The proposed Project would require the use of five temporary use areas (TUAs) (total area of 19.39 acres)
to be located along the natural gas pipeline alignment. Two of the TUAs would be used when the county
roads are bored and would be used for delivering the boring equipment and natural gas pipe, excavating
boring entry and receiving pits, temporarily stockpiling excavated soil from the pits, and laydown for
natural gas pipe segments. The boring pits would be backfilled, compacted, and restored and revegetated
upon completion of the pipe installation. The other two TUAs would be used for storing construction
equipment and supplies during construction. Following construction, these areas would be returned to
preconstruction conditions per the easement agreement.
The pipeline will cross County Roads 16, 18 and 20 and will obtain the appropriate permits from Public
Works for crossing right-of-way prior to construction. A permanent easement that is fifty (50) feet in width
would be obtained from affected landowners.
The route would incorporate an area of disturbance of approximately 4.1 miles long and with a 50 feet
wide temporary construction easement, or approximately 49.6 acres, with a permanent easement of 4.1
miles long and 50 feet wide, or approximately 24.8 acres. The route bypasses the more populated areas
of unincorporated Weld County with a lesser impact to existing encumbrances and residential areas.
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 23-2-220 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, 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 such as 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 23-2-480.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 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 with their interest,
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
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on January 13, 2017. Eight of the 51 property owners in the notification area attended the
neighborhood meeting. Persons had questions generally 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 23-2-480.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 the Tri-State
Generation and Transmission high voltage transmission line (USR14-0067) and under three
County Roads.
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.
The pipeline will be compliant with the Department of Transportation (DOT) requirements.
Per DOT, 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 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
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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, the Weld County 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,
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 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 23-2-480.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 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 23-2-480.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 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 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
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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.
H. Section 23-2-480.A.8 — No adverse impact, from stormwater runoff, to the public rights -of -
way and/ or surrounding properties as a result of the pipeline.
The applicant will be required to maintain historic flow patterns and runoff amounts, per the
Department of Planning Services, engineering review 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.
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 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. (Department of Planning
Services)
B. The applicant shall attempt to address the concerns of the Fort Lupton Fire Protection District
as stated in their referral dated March 13, 2017. (Department of Planning Services)
C. The USR map shall be amended to delineate the following:
1. All sheets of the USR map shall be labeled USR17-0015 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The USR 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, all easements of record, and all physical
encumbrances. (Department of Planning Services)
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 municipality to
verify the access permit or for any additional requirement that may be needed to obtain or
upgrade the permit. (Department of Public Works)
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Public Service of Colorado, an XCEL Energy Company
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6. County Roads 18 and 20 are designated on the Weld County Road Classification Plan as
a local road, which requires 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. (Department of Public Works)
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. (Department of Public Works)
8. Show and label the section line Right -of -Way as "CR 33 Section Line Right of Way, not
County maintained" (Department of Public Works)
9. The crossing agreement reception number for Barley Avenue, (County Road 16) from the
City of Fort Lupton Public Works Department. (Department of Planning Services)
10. Show the approved access(es) on the USR map and label with the approved access
permit number (AP17-00194). (Department of Public Works)
11. Show the approved Weld County accesses on the USR map and label with the approved
access permit numbers. (Department of Planning Services, Department of Public Works)
12. Show and label all recorded easements on the USR map by book and page number or
reception number and date on the plan. (Department of Planning Services)
13. The applicant shall show the drainage flow arrows in the area of the Regulator Station.
(Department of Planning Services -Engineer)
14. Show and label the entrance gate set back a minimum of 100ft from edge of shoulder, as
applicable. (Department of Public Works)
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 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.
(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 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. (Department of Planning Services)
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 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
Public Service of Colorado
USR17-0015
1. A Site Specific Development Plan and Special Review Permit, USR17-0015 for a Pipeline - Natural
Gas and any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the
commercial or industrial zone districts, provided that the property is not a Lot in an approved or
recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations
controlling subdivisions (Five (5) 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 four buildings to house components of the regulator station) 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 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. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
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, 30-20-100.5, C.R.S. (Department of Public Health and Environment)
6. 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. (Department of
Public Health and Environment)
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.
(Department of Public Health and Environment)
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, Colorado Department of Public
Health and Environment, as applicable. (Department of Public Health and Environment)
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. (Department of Public Health and Environment)
10. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
11. The property owner shall control noxious weeds on the site. (Department of Planning Services -
Engineer)
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12. 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)
13. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
14. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Planning Services - Engineer)
15. 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)
16. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
17. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations.
18. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans
or Development Standards, as shown or stated, shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
19. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners.
20. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy; (b) the populous counties of the
state face a critical shortage of such deposits; and (c) such deposits should be extracted according to
a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption
of the ecology and 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.
21. 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
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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.
USR17-0015
Public Service of Colorado, an XCEL Energy Company
Page 12 of 12
March 29, 2017
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
DIEDRICH CHERYL
1123 West 3rd Ave.
Denver, CO 80223
Subject: USR17-0015 - A Site Specific Development Plan and Special Review Permit, USR17-0015 for a
greater than 12 -inch high pressure natural gas pipeline approximately four (4.1) miles long commencing
at the Anadarko Petroleum, Kerr-McGee Gathering LLC Lancaster Gathering Facility heading southerly
to the Public Service of Colorado Fort Lupton Metering Station near the intersection of County Road 16
and County Road 31, FOUR (4) Temporary Use Area used for storage and staging of boring equipment
and natural gas pipe, construction equipment and laydown for natural gas segments; a regulator station
and four buildings to house components of the regulator station. The buildings include a remote terminal
unit/gas chromatograph (RTU/GC) building approximately 128 square feet in size, one metering building
approximately 200 square feet in size, and two control valve buildings approximately 200 square feet
in size in the A (Agricultural) Zone District
On parcel(s) of land described as:
THE PREFERRED PIPELINE WILL CROSS MULTIPLE SECTIONS INCLUDING SECTIONS 35, 34,
26, 23 AND 14, T2N, R66W OF THE 6TH P.M., WELD COUNTY, COLORADO.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on May 2, 2017, at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on May 31, 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.orq
Page 2 of 2
If you have any questions concerning this matter, please call.
Respectfully,
Kim Og
Planner III
March 06, 2017
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
DIEDRICH CHERYL
1123 WEST 3RD AVE.
DENVER CO 80223
Subject: USR17-0015 - A Site Specific Development Plan and Special Review Permit, USR17-0015 for a
greater than 12 -inch high pressure natural gas pipeline approximately four (4.1) miles long commencing
at the Anadarko Petroleum, Kerr-McGee Gathering LLC Lancaster Gathering Facility heading southerly
to the Public Service of Colorado Fort Lupton Metering Station near the intersection of County Road 16
and County Road 31, FOUR (4) Temporary Use Area used for storage and staging of boring equipment
and natural gas pipe, construction equipment and laydown for natural gas segments; a regulator station
and four buildings to house components of the regulator station. The buildings include a remote terminal
unit/gas chromatograph (RTU/GC) building approximately 128 square feet in size, one metering building
approximately 200 square feet in size, and two control valve buildings approximately 200 square feet
in size in the A (Agricultural) Zone District
On parcels) of land described as:
THE PREFERRED PIPELINE WILL CROSS MULTIPLE SECTIONS INCLUDING SECTIONS 35, 34,
26, 23 AND 14, T2N, R66W OF 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:
Fort Lupton at Phone Number 303-857-6694
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.
Re pectfy4ly,
Kim Ogl
Planner
Xcel Energys
Memorandum
To: Mr. Kim Ogle
Weld County, Colorado
Department of Planning
kogle(a�weldgov.com
From: Xcel Energy
Cheryl Diedrich, CPL
Senior Agent, Right of Way and Permits
Cheryl.Diedrich@xcelenergy.com
Date: December 5, 2016
Project: Lancaster to Fort Lupton Natural Gas Pipeline Project
Subject: Clarification for USR Application Requirements
Thank you for providing the Pre -application meeting minutes for Public Service Company's (PSCo's)
Lancaster to Fort Lupton Natural Gas Pipeline Project (Project). We are underway preparing the Use by
Special Review (USR) application. Would you please confirm our understanding of some of the points
that were discussed in the Pre -application meeting and provide some clarification on some points of
discussion that have come up since that meeting? We have nine questions as follow:
1. The USR asks for a document showing evidence of adequate water supply and adequate sewage
disposal. Would you please confirm that portable toilets and bottled water will be adequate to cover
this requirement for this Project as discussed in the Pre -Application meeting?
Response This is an unmanned facility. During construction bottled water and port -a -lets will be
utilized.
2. The USR application asks for a Notice of Inquiry or letter/email from a municipality if the site is
located within an Intergovernmental Agreement (IGA) boundary or a Cooperative Planning Area
(CPA). Would you please confirm that the Project is within the Fort Lupton IGA and that the Weld
County Planning office will provide this Notice of Inquiry as discussed in the Pre -application meeting?
Response Tom Parka. Director of Planning will reach out to Fort Lupton to provide Notice.
3. Because no property will be owned in fee for the regulator station, and no lot lines will be created or
changed, would you please confirm that PSCo will not be required to conduct the Mineral Estate
Notification per Section 1. 24-65.5-102(2), Colorado Revised Statutes? If mineral estate notification is
required, would you please confirm that Weld County will send the notification as discussed in the
Pre -application meeting?
Response Land use applications for pipelines require notice to property owners crossed or
potentially impacted only. There is no notice requirement for the mineral estate.
Public Service Company of Colorado
1123 W. 3rd Ave.
Denver, CO 80202
Kim Ogle
Weld County Department of Planning
Page 2
4. The USR Questionnaire asks for a landscaping plan. Would you please confirm that a detailed
landscaping plan would not be required, but that a discussion of reseeding and noxious weeds should
be included in the USR application as discussed in the Pre -application meeting?
Response A Landscape plan is not required. Typically applicants will seek out comment from Weld
County Public Works Noxious Weed division. the local Soil Conservation District or the Weld County
Extension office for an appropriate seed mix based on property location, aspect, grade exposure et
cetera unless the property owner stipulates per the easement agreement for a specific mix or other
conditions implemented.
5. The USR Questionnaire asks for (1) the proposed number of employees, (2) number of employees
per shift, (3) number of people who will use the site. The pipeline will be unmanned during its
operations stage. Would you please confirm that only the number of workers for the construction
phase should be included in the USR application as discussed in the Pre -application meeting?
Response This is an unmanned facility. During construction of the pipeline there may be as many
as persons employed by one or more contractors during the construction period.
6. The Pre -Application Meeting Minutes noted that a neighborhood meeting with property owners who
live within 1,000 feet of the centerline of the pipeline was encouraged. We wrote in our notes that
property owners within 500 feet on either side of the centerline (1,000 feet total) should be included in
the neighborhood meeting. Would you please confirm whether property owners within 500 feet on
either side of the centerline (1,000 feet total) or 1,000 feet on either side of the centerline (2,000 feet
total) of the pipeline should be included in the neighborhood meeting?
Response Section 23-2-470.B.4 states "An applicant may conduct a Neighborhood Meeting with
area landowners. Such meeting is not required, but may be suggested by the Planning Services staff
to encourage communication between a land use applicant and the neighbors." Planning Services
strongly recommends that applicants engage in a community meeting.
Section 23-2-510.C.2.e states "Information of any public meeting conducted, to include the location,
date. time. attendance and method of advertising."
Notice area for pipelines is 150 feet each side of centerline of the preferred alignment. In some
instances this distance may be greater if there are known issues with property ownership that may
require a work around.
7. The USR pipeline requirements state that a Decommissioning Plan is required for the application.
Would a description of the decommissioning procedures be sufficient?
Response The Decommissioning Plan may be addressed in a narrative format unless there will be
segments of the pipeline removed while other segments remain.
8. Is there a USR fee for this project? If so, how much is it?
Response: Application fee is 2500.00 dollars payable at the time the application is deemed
complete. Planning Services accepts cash, check, V, MC only.
9. We discussed in the Pre -application meeting that a subdivision exemption may be required for the
regulator station. Since PSCo will not own any property in fee, why would a subdivision exemption be
required for the regulator station?
Xcel Energy`
Kim Ogle
Weld County Department of Planning
Page 3
Response If there are support services facilities located outside of the easement area then a
Subdivision Exemption permit may be required to designate an area for associated appurtenances.
If you could respond to our questions in the next week, it would be greatly appreciated and would help us
to finalize the USR application on schedule.
Thank you very much for your time. Please do not hesitate to reach out to me with any questions
regarding this inquiry.
Sincerely,
Xcel Energy
Cheryl Diedrich, CPL
Senior Agent, Right of Way and Permits
Direct: 303-571-3116
Cheryl.Diedrich@xcelenergy.com
Xcel Energy`
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