HomeMy WebLinkAbout20173787.tiffRESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR17-0053, FOR A 24 -INCH HIGH PRESSURE NATURAL GAS PIPELINE
APPROXIMATELY TWO (2) MILES IN LENGTH IN THE A (AGRICULTURAL) ZONE
DISTRICT - KERR-MCGEE GATHERING
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 6th day of
December, 2017, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Kerr-McGee Gathering, 1099 18th St., Denver, CO 80202, for a Site
Specific Development Plan and Use by Special Review Permit, USR17-0053, for a 24 -inch High
Pressure Natural Gas Pipeline approximately two (2) miles in length in the A (Agricultural) Zone
District, on the following described real estate, being more particularly described as follows:
The Proposed Pipeline will run in a
north/northeasterly direction originating in Section
30 and crossing through Sections 19 and 20 and
terminating in Section 17; all in Township 4 North,
Range 67 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 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B 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 pipeline is located within a private easement that has
already been negotiated with landowners. Per the application, once the
pipeline is installed the trench will be backfilled and top soil will be placed
on top and the right-of-way will be graded to pre -construction contours. If
disturbance to crops occurs the property owner will be compensated a fair
market value.
cc: PcCccytmm),Pt( Hs). EN( LL) C1-9cTJ), CAPPL
orosti8`
2017-3787
PL2509
SPECIAL REVIEW PERMIT (USR17-0053) - KERR-MCGEE GATHERING
PAGE 2
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 proposed pipeline is located within the
three (3) mile referral areas of the Town of Johnstown, Town of Milliken,
Town of Mead and Town of Berthoud. The pipeline is located adjacent to
the Town of Johnstown at the northern end of this segment. The Town of
Berthoud and the Town of Milliken, in the referral responses dated
September 25, 2017, and October 4, 2017, indicated no conflicts of
interests. No referral comments have been received from the Towns of
Johnstown or Mead.
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 pipeline is located within a private easement that has already been
negotiated with landowners. Per the application, once the pipeline is
installed the trench will be backfilled and top soil will be placed on top and
the right-of-way will be graded to pre -construction contours. If disturbance
to crops occurs the property owner will be compensated a fair market value.
The applicant is also proposing to bore beneath county roads to avoid road
damage and disruption of traffic. Additionally, Best Management Practices
(BMPs) will be implemented during the construction process for all
construction areas (including erosion control methods and dust
suppression).
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
application indicates that Anadarko and its contractors will utilize water
trucks to provide dust suppression. A Storm Water Management Plan
(SWMP) will be implemented to control soil erosion during construction.
After completion of the pipeline the pipeline area will be reseeded with
appropriate native vegetation that will not be allowed to grow over (12)
inches in height.
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 pipeline is
located within a private easement that has already been negotiated with
landowners. Per the application, once the pipeline is installed the trench
will be backfilled and top soil will be placed on top and the right-of-way will
be graded to pre -construction contours. If disturbance to crops occurs the
property owner will be compensated a fair market value. The applicant is
also proposing to bore beneath county roads to avoid road damage and
disruption of traffic. Additionally, Best Management Practices (BMPs) will
be implemented during the construction process for all construction areas
(including erosion control methods and dust suppression). The application
indicates that Anadarko and its contractors will utilize water trucks to
2017-3787
PL2509
SPECIAL REVIEW PERMIT (USR17-0053) — KERR-MCGEE GATHERING
PAGE 3
provide dust suppression. A Storm Water Management Plan (SWMP) will
be implemented to control soil erosion during construction. After completion
of the pipeline the pipeline area will be reseeded with appropriate native
vegetation that will not be allowed to grow over twelve (12) inches in height.
Per the application, Kerr-McGee has trained personnel available 24/7 to
respond to incidents and engage local officials as appropriate.
Kerr-McGee/ Anadarko's Central Data Center provides 24/7 monitoring
and has an emergency response number available.
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 preferred route utilizes a pipeline
right-of-way corridor already negotiated through agreements with private
property owners. Alternative alignments would require new easements to
be negotiated and may result in greater environmental impacts.
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. The proposed pipeline is located within an existing pipeline
easement and crosses cropland. No referral response has been received
from Colorado Parks and Wildlife or History Colorado.
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. A Storm Water Management Plan (SWMP) will be implemented
to control soil erosion during construction. After completion of the pipeline
the pipeline area will be reseeded with appropriate native vegetation that
will not be allowed to grow over twelve (12) inches in height. 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 Kerr McGee Gathering, for a Site Specific Development
Plan and Use by Special Review Permit, USR17-0053, for a 24 -inch High Pressure Natural Gas
Pipeline approximately two (2) 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 map:
A. An Improvements and Road Maintenance Agreement is required for off -site
improvements at this location during construction of the pipeline. Road
Maintenance may include dust control, tracking control, and damage repair
2017-3787
PL2509
SPECIAL REVIEW PERMIT (USR17-0053) — KERR MCGEE GATHERING
PAGE 4
attributable to construction of the pipeline and located within one mile of
any construction access point for the project.
B. 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.
C. A copy of the signed Saddle Butte Pipeline crossing agreement/easement,
or a letter indicating no agreement is necessary, shall be submitted to the
Department of Planning Services.
D. A copy of the signed Sinclair Pipeline crossing agreement/easement, or a
letter indicating no agreement is necessary, shall be submitted to the
Department of Planning Services.
E. A copy of the signed Panhandle Eastern Pipeline crossing agreement/
easement, or a letter indicating no agreement is necessary, shall be
submitted to the Department of Planning Services.
F. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR17-0053.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the
Weld County Code.
5) County Road 42 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road which requires
60 feet of right-of-way at full buildout. The applicant shall delineate
on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by
Weld County.
6) County Road 44 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road which requires
60 feet of right-of-way at full buildout. The applicant shall delineate
on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by
Weld County.
2017-3787
PL2509
SPECIAL REVIEW PERMIT (USR17-0053) — KERR MCGEE GATHERING
PAGE 5
7) County Road 15 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road which requires
60 feet of right-of-way at full buildout. The applicant shall delineate
on the site plan the existing right-of-way. All setbacks shall be
measured from the edge of right-of-way. This road is maintained by
Weld County.
8) Show and label the approved tracking control for pipeline
construction on the site plan.
9) Show and label the section line Right -of -Way as "CR 44 Section
Line Right -Of -Way, not County maintained."
10) Show and label all recorded easements on the map by book and
page number or reception number and date on the site plan.
11) The applicant shall indicate specifically on the map the type of
right-of-way/easement and indicate whether it is dedicated, private,
or deeded to provide adequate access to the parcel.
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.
2017-3787
PL2509
SPECIAL REVIEW PERMIT (USR17-0053) — KERR MCGEE GATHERING
PAGE 6
5. Prior to Construction:
A. If more than one (1) acre is to be disturbed for construction of non -pipeline
or non -gravel pit items such as structures, parking lots, laydown yards, etc.,
a Weld County Grading Permit will be required.
B. The approved access and tracking control shall be constructed prior to
construction of the pipeline.
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
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 6th day of December, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD CO NTY, COL•RADO
ATTEST: dsdaviti C.s ; oi
Weld County Clerk to the Board
BY:
Deputy Clerko the Boar
Date of signature: of -to
u ie A. ozad, Chair
Steve Moreno, Pro -Tern
Sean P. Conway
&La
e
County Attorney
rbara Kirkmeye
2017-3787
PL2509
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
KERR MCGEE GATHERING
USR17-0053
1. The Site -Specific Development Plan and Use by Special Review Permit, USR17-0053, is
for a 24 -inch high pressure natural gas pipeline approximately two (2) 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. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. Adequate toilet facilities and handwashing units shall be provided during construction of
the project. Portable toilets are acceptable and shall be serviced by a cleaner licensed in
Weld County and must contain hand sanitizers.
11. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
2017-3787
PL2509
DEVELOPMENT STANDARDS (USR17-0053) - KERR MCGEE GATHERING
PAGE 2
12. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any light
source may create a traffic hazard to operators of motor vehicles on public or private
streets. No colored lights may be used which may be confused with, or construed as,
traffic control devices.
13. 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.
14. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
15. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
16. Any pipeline crossing an arterial road shall be bored with a minimum crossing depth of
10 feet below the lowest roadside ditch flowline elevation for all lines, except for oil and
gas lines whose minimum depth will be 15 feet below the lowest roadside ditch flowline
elevation.
17. If any of the pipeline were to cross a state highway, utility permits would need to be
obtained from the Colorado Department of Transportation.
18. If access from a state highway is required for construction, access permits would be
required from the Colorado Department of Transportation.
19. Access will be along unmaintained County right-of-way and maintenance of the
right-of-way will not be the responsibility of Weld County.
20. The historical flow patterns and runoff amounts on the site will be maintained.
21. Weld County is not responsible for the maintenance of on -site drainage related features.
22. 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.
23. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
24. 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
2017-3787
PL2509
DEVELOPMENT STANDARDS (USR17-0053) — KERR MCGEE GATHERING
PAGE 3
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
25. 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.
26. 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.
27. 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.
28. 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.
2017-3787
PL2509
Hello