HomeMy WebLinkAbout20173289.tiffEXHIBIT
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
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RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Wailes, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION
LOCATION:
USR17-0034
GREEN RIVER DEVCO LP
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A GREATER THAN 12 -INCH HIGH PRESSURE NATURAL GAS
PIPELINE APPROXIMATELY FIFTEEN (15.1) MILES LONG IN THE A
(AGRICULTURAL) ZONE DISTRICT.
THE PIPELINE WILL CROSS MULTIPLE SECTIONS INCLUDING SECTIONS 22,
15, 16, 10, 4 AND 3, T2N, R64W: AND SECTIONS 33, 30, 29, 28, 21. 20. 19, 18,
17, 8, AND 7 T3N, R64W AND SECTIONS 25, AND 12, T3N, R65W OF THE 6TH
P M.. WELD COUNTY, COLORADO
GENERALLY LOCATED SOUTH OF CR 36; WEST OF CR 57; NORTH OF CR
18 AND EAST OF CR 47.
be recommended favorably to the Board of County Commissioners 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 Planning Commission that the applicant has shown compliance with Section 23-
2-480 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. Green River DevCo LP and
Noble Midstream Services LLC [Green River — Noble Midstream] indicates that they will
repair and/or replace any facilities damaged or removed during the placement of the pipeline.
The preferred pipeline route minimizes environmental impacts such as wetland areas, water
bodies and agricultural lands. The preferred route is sited on plowed fields and pivot
irrigation systems.
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 Towns of Hudson Keenesburg,
each did not return a referral indicating no conflict with their interests.
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 Public Service of
Colorado (USR-1236), under the Cedar Creek (USR-1562) and under the Tri-State
Generation and Transmission SWEP 2 transmission lines (USR15-0049); also under the
North Weld County Water District pipeline (USR-1166), and under the Wattenberg Holdings
LLC (USR12-0052) crude oil pipeline. In a referral received from the Weld County
Floodplain planner dated July 31, 2017, the applicant shall submit a floodplain permit prior to
installing the pipeline, and delineate the floodplain and floodway (if applicable) boundaries on
the map.
RESOLUTION USR17-0034
GREEN RIVER DEVCO LP
PAGE 2
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
All pipelines will be compliant with the DOT requirements. Per this standard. pipelines are
required to have a minimum of 30 -inches of cover and in many locations there will be a
minimum of 36 -inches of cover or greater if required by local or state agencies. The pipeline
trench will be excavated mechanically: pipe segments will then be strung along the ditch line
and then welded together using welders and weld procedures qualified under the
requirements of the Code of Federal Regulations: each weld will be examined utilizing
industry standard non-destructive examination. or x-ray. procedures by qualified technicians:
the coating on the pipeline will be inspected for damage and repaired as necessary and then
the line(s) will be lowered into the trench and backfilled The pipeline(s) will subsequently be
pressure tested using water (hydrostatically tested) to industry regulations.
The transportation of natural gas via pipeline is generally safer than other potential modes of
transport. There is some small risk of an accident in which the integrity of the pipeline may
be compromised resulting in a release of natural gas or natural gas liquids. Wet natural gas
contains condensed forms of heavier natural gas liquids and produced water and is
considered both flammable and combustible. Dry natural gas is a clean burning fuel source.
also considered both flammable and combustible
In general. signs of a pipeline leak, include dead or discolored vegetation that is otherwise
green along the pipeline right-of-way. along with pools of liquid or clouds of vapor or mist not
usually present
Green River — Noble Midstream will clearly mark the pipeline centerline with markers placed
at line of site intervals and at all road and canal crossings. The markers will clearly identify
the pipeline. and will provide a telephone number and address where a company
representative can be reached in an emergency or prior to any excavation in the area. Green
River — Noble Midstream also participate in the Colorado "One Call" system. which serves as
a clearinghouse for excavation activities that are planned close to pipelines and other
underground utilities
RESOLUTION USR17-0034
GREEN RIVER DEVCO LP
PAGE 3
Each respective pipeline centerline will be clearly identified with markers placed at line -of -
sight intervals and at all road crossings These markers will clearly identify Green River —
Noble Midstream as the owner / operator, provide a telephone number and address where a
company representative can be reached in an emergency. In the event of an emergency, a
call to the number on these markers will go to Green River — Noble Midstream operations and
control center that is staffed 24 hours / day. 7 days / week by trained operators. qualified in
both the day-to-day operation of the respective pipelines and associated facilities, and in
emergency response procedures These operators will also have the ability to monitor the
operation of the pipeline system through a Supervisory Control and Data Acquisition
(SCADA`) system Through the SCADA system. operators will be able to see key
parameters associated with the operation of the respective pipelines, including pressure,
temperature. and flow rate. In the event that these parameters. or other critically identified
criteria fall outside of pre -determined normal operating allowances. the SCADA system will
raise warnings of potential operational upsets or pending emergency conditions, providing the
operator with time to make corrections, if possible. to the system operation in order to clear
the warning_ In the event that the specified parameters. or critically identified criteria reach
pre -determined set points within the system operation. the SCADA system will alarm.
Upon notification of an emergency. either through the public emergency call number. SCADA
system. operator inspection and training. or other originating source. Green River — Noble
Midstream will have the ability to isolate the respective pipelines by closing remotely operated
valves in the natural gas pipeline, isolate any potential fuel source and mitigate propagation
of the emergency situation. Depending upon the nature of the emergency, local emergency
responders would be notified, and Green River — Noble Midstream would implement their
internal safety response procedures. including dispatching trained personnel to the site of the
emergency
F Section 23-2-480.A_6 — All reasonable alternatives to the proposal have been adequately
assessed. and the proposed action is consistent with the best interests of the people of the
County and represents a balanced use of resources in the affected area
The applicant reviewed alternative pipeline locations. The preferred route utilizes a pipeline
right-of-way corridor negotiated through agreements with private property owners. The
alternatives would likely result in additional safety impacts due to the proximity of the two
municipalities and other development in the area.
G Section 23-2-480.A 7 - The nature and location or expansion of the pipeline will not
unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any
endangered wildlife species. unique natural resource. known historic landmark or
archaeological site within the affected area
A Desktop Environmental Review prepared by SWCA Environmental Consultants dated June
2017 for the Mustang Pipeline project route for a specific site assessment of the biological,
aquatic and cultural resources adjacent to the proposed pipeline route The purpose of this
review was to identify any significant natural or cultural resource constraints or risks
associated with the development of the pipelines Colorado Parks and Wildlife returned a
referral date July 26. 2017 indicating no conflict with their interests and History Colorado did
not return a referral response indicating a conflict with their interests
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.
RESOLUTION USR17-0034
GREEN RIVER DEVCO LP
PAGE 4
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. Green River — Noble Midstream acknowledges in their
application that the historical flow patterns and runoff amounts will be maintained on the site
or in such a manner that it will reasonably preserve the natural character of the area and
prevent property damage of the type generally attributed to run-off rate and velocity
increases. diversions. concentration and/or unplanned ponding of storm run-off.
The Design Standards (Section 23-2-240. Weld County Code). Operation Standards (Section
23-2-250. Weld County Code). Conditions of Approval and Development Standards can
ensure that there are adequate provisions for the protection of 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 Planning Commission recommendation for approval is conditional upon the following.
1 Prior to recording the 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 A copy of the signed Central Weld County Water District pipeline crossing agreement/
easement or a letter indicating no agreement is necessary shall be submitted to the Department
of Planning Services (Department of Planning Services)
A copy of the signed Public Service of Colorado crossing agreement/ easement
indicating no agreement is necessary shall be submitted to the Department of Planning
Services. (Department of Planning Services)
or a letter
A copy of the signed Tri-State Generation and Transmission Company crossing agreement/
easement or a letter indicating no agreement is necessary shall be submitted to the Department
of Planning Services (Department of Planning Services)
E A copy of the signed Wattenberg Holdings. LLC crossing agreement/ easement
indicating no agreement is necessary shall be submitted to the Department of Planning
Services. (Department of Planning Services)
or a letter
F The map shall be amended to delineate the following:
1 All sheets of the map shall be labeled USR 17-0034 (Department of Planning Services)
2 The attached Development Standards (Department of Planning Services)
3 The 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 any significant man-made features within one-half (0.5) mile on each side
of the approved route. (Department of Planning Services)
RESOLUTION USR17-0034
GREEN RIVER DEVCO LP
PAGE 5
5 County Road 20 is a gravel road and is designated on the Weld County Functional
Classification Map as a local road which requires 60 feet of right-of-way at full buildout.
The applicant shall delineate label on the site plan the existing right-of-way All setbacks
shall be measured from the edge of right-of-way This road is maintained by Weld
County. (Department of Public Works)
6 County Road 55 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 label on the site plan the existing right-of-way All setbacks
shall be measured from the edge of right-of-way This road is maintained by Weld
County (Department of Public Works)
7 County Road 32 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 label on the site plan the existing right-of-way All setbacks
shall be measured from the edge of right-of-way. This road is maintained by Weld
County (Department of Public Works)
8 County Road 36 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 label on the site plan the existing right-of-way All setbacks
shall be measured from the edge of right-of-way This road is maintained by Weld
County (Department of Public Works)
9 County Road 34 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full
buildout The applicant shall delineate label on the site plan the future and existing right-
of-way. All setbacks shall be measured from the edge of future right-of-way This road is
maintained by Weld County (Department of Public Works)
10 County Road 49 is designated on the Weld County Functional Classification Map as an
arterial road which typically requires 140 feet of right-of-way at full build out Weld County
is currently in the process of widening this corridor The alignment of the road widening
project varies along the section line for the corridor. Contact Public Works for the location
of the existing and future right-of-way and easements and delineate label these on the
site plan (Department of Public Works)
radii (60 foot) on the site plan. (Department of Public Works)
labelthe entrance gate if applicable. An access approach that is gated shall
be designed so that the longest vehicle (including trailers) using the access can
completely clear the traveled way when the -gate is closed_ In no event, shall the distance
from the gate to the edge of the traveled surface bo-less than 35 feet. (Department of
Public Works)
13 At locations where the pipeline crosses the Section Line right-of-way. show and label the
section line Right -of -Way as "CR 22 Section Line Right -Of -Way. not County maintained "
(Department of Public Works)
14 At locations where the pipeline crosses the Section Line right-of-way, show and label the
section line Right -of -Way as "CR 55 Section Line Right -Of -Way. not County maintained."
(Department of Public Works)
15 At locations where the pipeline crosses the Section Line right-of-way, show and label the
section line Right -of -Way as CR 24 Section Line Right -Of -Way. not County maintained_"
(Department of Public Works)
RESOLUTION USR17-0034
GREEN RIVER DEVCO LP
PAGE 6
16 At locations where the pipeline crosses the Section Line right-of-way, show and label the
section line Right -of -Way as "CR 26 Section Line Right -Of -Way. not County maintained."
(Department of Public Works)
17 At locations where the pipeline crosses the Section Line right-of-way, show and label the
section line Right -of -Way as "CR 28 Section Line Right -Of -Way, not County maintained."
(Department of Public Works)
18 At locations where the pipeline crosses the Section Line right-of-way. show and label the
section line Right -of -Way as "CR 30 Section Line Right -Of -Way, not County maintained."
(Department of Public Works)
19. At locations where the pipeline crosses the Section Line right-of-way, show and label the
section line Right -of -Way as "CR 53 Section Line Right -Of -Way, not County maintained."
(Department of Public Works)
20 At locations where the pipeline crosses the Section Line right-of-way, show and label the
section line Right -of -Way as "CR 51 Section Line Right -Of -Way. not County maintained °
(Department of Public Works)
21 The Wattenberg Holdings LLC crossing agreement reception number for the crude oil
pipeline. as applicable. (Department of Planning Services)
22. The Central Weld County Water District crossing agreement reception number for the
subsurface water pipeline, as applicable. (Department of Planning Services)
23 The Public Service of Colorado crossing agreement reception number for the overhead
transmission lines, as applicable. (Department of Planning Services)
24. The Tri-State Generation and Transmission Company crossing agreement reception
number for the overhead transmission lines, as applicable (Department of Planning
Services)
25. The crossing agreement reception number for all irrigation ditches and canals, as
applicable
26. Show the approved access(es) on the map and label with the approved access permit
number (will be provided) (Department of Public Works)
27. Show the floodplain and floodway (if applicable) boundaries on the map Label the
floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or
appropriate study (Department of Planning Services - Floodplain)
28. Show and label all recorded -sements on -the- map by book -and page number or
reception number and date on the plan. (Department of Planning Services)
29. The applicant -shall show the drainage flow arrows. {Departmen-t•of Planning Services
Engineer)
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 (Department of Planning Services)
RESOLUTION USR17-0034
GREEN RIVER DEVCO LP
PAGE 7
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 mapscco.weld.co us.
(Department of Planning Services)
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 submit a Flood Hazard Development Permit for review and approval prior to
installing the pipeline or any improvements or new construction in the floodplain will require a
Flood Hazard Development Permit (Department of Planning Services - Floodplain)
C. The applicant shall submit written evidence of an approved license agreement for construction
within and across the FRICO right-of-way. and an approved access agreement to gain access to
the FRICO right-of-way. (FRICO)
D The applicant shall submit evidence of a right-of-way permit for any work that may be required in
the right-of-way and, or. a special transport permit for any oversized or overweight vehicles that
may access the site from the Department of Public Works Permitting/Inspection Agent.
(Department of Public Works)
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 (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)
Motion seconded by Bruce Sparrow
VOTE
For Passage
Bruce Johnson
Bruce Sparrow
Michael Wailes
Terry Cross
Tom Cope
Lonnie Ford
Against Passage Absent
Jordan Jemiola
Gene Stifle
RESOLUTION USR17-0034
GREEN RIVER DEVCO LP
PAGE 8
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem. Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado. adopted on September 19. 2017.
Dated the 19th of September, 2017
Fena6ru. 'Analy&
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Green River DevCo. LP— Noble Midstream
USR17-0034
1 A Site Specific Development Plan and Special Review Permit, USR17-0034 for a greater than 12 -inch
high pressure natural gas pipeline approximately fifteen (15 1) miles long 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 on or before March 15'" 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. (Department
of Planning Services)
4 The property owner shall control noxious weeds on the site (Department of Public Works)
5. 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)
6. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Public Works)
7 The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning
Services - Engineer)
8. 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)
9. A Flood Hazard Development Permit is required for all construction or development occurring in the
floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM
Community Panel Map #08123C -1975E effective date January 20. 2016 (Box Elder Floodplain). Any
development shall comply with all applicable Weld County requirements. Colorado Water Conservation
Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado. and
FEMA regulations and requirements as described in 44 CFR parts 59. 60. and 65 The FEMA definition of
development is any man-made change to improved or unimproved real estate, including but not limited to
buildings or other structures. mining, dredging. filling, grading, paving, excavation, drilling operations. or
storage of equipment and materials (Department of Planning Services - Floodplain)
10. FEMA's floodplain boundaries may be updated at any time by FEMA Prior to the start of any
development activities, the owner should contact Weld County to determine if the floodplain boundaries
have been modified. (Department of Planning Services - fFloodplain)
11 All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100 5,
C R.S ) shall be stored and removed for final disposal in a manner that protects against surface and
groundwater contamination. (Department of Public Health and Environment)
12 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)
RESOLUTION USR17-0034
GREEN RIVER DEVCO LP
PAGE 10
13 Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust. 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)
14. 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)
15, 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)
16. Adequate handwashing and toilet facilities shall be provided. Portable toilets are acceptable. Portable
toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers.
(Department of Public Health and Environment)
17. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the
Weld County Code (Department of Public Health and Environment)
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 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.
RESOLUTION USR17-0034
GREEN RIVER DEVCO LP
PAGE 11
23. 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 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.
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, September 19. 2017
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair,
Terry Cross. at 12:30 pm.
Roll Call.
Present Bruce Johnson. Bruce Sparrow. Lonnie Ford Michael Wailes. Terry Cross. Tom Cope.
Absent: Gene Stille and Jordan Jemiola_
Also Present: Kim Ogle and Chris Gathman. Department of Planning Services; Hayley Balzano,
Department of Planning Services — Engineering Division: Lauren Light. Department of Health: Evan
Pinkham. Public Works: Bob Choate. County Attorney. and Kris Ranslem. Secretary.
Motion: Approve the September 5. 2017 Weld County Planning Commission minutes, Moved by Tom
Cope. Seconded by Bruce Sparrow Motion passed unanimously.
CASE NUMBER
APPLICANT
PLANNER
REQUEST
LEGAL DESCRIPTION
LOCATION
U S R 17-0034
GREEN RIVER DEVCO LP
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A GREATER THAN 12 -INCH HIGH PRESSURE NATURAL GAS
PIPELINE APPROXIMATELY FIFTEEN (15.1) MILES LONG IN THE A
(AGRICULTURAL) ZONE DISTRICT
THE PIPELINE WILL CROSS MULTIPLE SECTIONS INCLUDING SECTIONS
22, 15. 16, 10, 4 AND 3. T2N, R64W: AND SECTIONS 33. 30, 29, 28. 21 20, 19,
18. 17. 8, AND 7 T3N R64W AND SECTIONS 25. AND 12. T3N. R65W OF THE
6TH P M , WELD COUNTY. COLORADO
GENERALLY LOCATED SOUTH OF CR 36. WEST OF CR 57• NORTH OF CR
18 AND EAST OF CR 47
Kim Ogle. Planning Services. presented Case USR17-0034, reading the recommendation and comments
into the record. The Department of Planning Services recommends approval of this application with the
attached conditions of approval and development standards.
Evan Pinkham. Public Works. reported on the classification of the roadways and access to the site.
Hayley Balzano. Engineering. reported on the drainage conditions, grading permits and floodplain permits
for the pipeline corridor.
Lauren Light. Environmental Health. reviewed the public water and sanitary sewer requirements. on -site
dust control. and the Waste Handling Plan.
Pam Hora. Tetra Tech, stated that Green River DevCo. LP is proposing a South Area Gas Pipeline that will
transport natural gas 15.1 miles from Noble Energy's operations area near Keenesburg up to a compressor
station northeast of the Milton Reservoir. She added that the pipeline sizes vary from 12 inches up to 24
inches_ The size of the pipeline depends on the amount of gas that they need to transport in those areas_
The selected route was deemed to be the most direct route that would minimize impacts on the public. All
of the landowners impacted by this proposed pipeline have agreed to grant easements for this pipeline.
Green River has acquired or is very close to acquiring easements from all of the property owners along the
alignment. The size of the permanent easement varies from 30 feet up to 150 feet due to some areas that
the applicant wants to have other pipelines within that same easement.
Commissioners Wailes asked how close the acquisition of the easements are in place_ Robert Smetana,
Noble Midstream, 1625 Broadway. Denver, Colorado. stated that they have been in discussion with all
landowners on the agreed upon route. He could not give the specific dates of closure, however. they are
anticipating to have them closed within the next six to eight weeks to be able to commence construction.
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Commissioner Ford asked how they will ensure weed control after seeding Ms Hora said that per the
County Code they will need to revegetate the land and added that they will use water trucks for watering to
ensure that the seed takes.
Commissioner Cope liked the idea of sharing the easement for multiple pipelines and asked what else will
this easement be shared with. Mr Smetana said that there are some fresh water lines for fracing operations
during the initial production phase He added that there will be produced water take away that will go to a
disposal site and there will also be oil take away pipelines
Commissioner Johnson asked if pipelines will be installed simultaneously Mr Smetana replied that they
will generally be installed at the same time.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
Staff presented a list of proposed changes to the development standards and conditions of approval.
Motion: Amend the Planning Commission Resolution. as recommended by Staff, Moved by Bruce
Sparrow, Seconded by Tom Cope Motion carried unanimously.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those The applicant replied that they are in
agreement
Motion: Forward Case USR17-0034 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Michael Wailes, Seconded by Bruce Sparrow.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 6).
Yes: Bruce Johnson, Bruce Sparrow Lonnie Ford, Michael Wades. Terry Cross. Tom Cope
Meeting adjourned at 1 59 pm
Respectfully submitted.
Kristine Ranslem
Secretary
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