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LAND USE APPLICATION
SUMMARY SHEET
Kim Ogle Hearing Date: September 5. 2017
USR17-0032
Discovery DJ Services, LLC
7859 Walnut Hill Lane, Suite 335. Dallas Texas
Zion Engineering, LLC. 8100 E. Maplewood Avenue. Greenwood Village, CO 80111
A Site Specific Development Plan and Special Review Permit. USR17-0032 for a
greater than 12 -inch high pressure natural gas pipeline approximately fifteen (15.24)
miles long commencing at the Discovery DJ Services, LLC Fort Lupton Gas Plant
(USR16-0031) connecting into the Brighton West Interconnect Facility located near the
intersection of County Road 2 and County Road 17 (Quebec Street) in the A
(Agricultural) Zone District
The preferred Discovery gas pipeline route will be aligned in a southwesterly direction.
The pipeline will cross multiple sections including Sections 33. 28. 27, 22. 15. 14, 23
and 24. Township 1 North. Range 67 West and Sections 19. 20. 21. 16. 15. 14 and 11.
Township 1 North. Range 66 West of the 6th P.M.. Weld County. CO
Location: Generally located south of County Road 12: west of County Road 43; north of County
Road 2 and east of County Road 31
Size of Parcel:
+1- 41.5 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:
Weld County Department of Public Health and Environment. referral dated July 7, 2017
Weld County Department of Planning Services - Engineer. referral dated July 14. 2017
Weld County Department of Public Works. referral dated July 17. 2017
Weld County Department of Planning Services - Floodplain, referral dated July 27. 2017
Western Area Power Administration, referral dated July 27, 2017
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Weld County Zoning Compliance, referral dated June 19, 2017
➢ City of Dacono. referral dated June 19, 2017
➢ Fort Lupton Fire Protection District, referral dated June 20, 2017
➢ Weld County Sheriff's Office, referral dated June 20, 2017
➢ City of Thornton, referral dated June 27, 2017
➢ City of Fort Lupton, referral dated July 17, 2017
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The Department of Planning Services' staff has not received responses from the following agencies:
V V V V V V V V V V V V V V V V V V V V V V V V V V V V
FRICO
Amoco
Fulton Ditch
XCEL Energy
Adams County
City of Brighton
History Colorado
Town of Lochbuie
KN Gas Company
Panhandle Eastern
Union Pacific Railroad
Signal Ditch Company
Vessels Gas Company
German Ditch Company
Henrylyn Irrigation District
Kerr-McGee OnShore. LP
Public Service of Colorado
Colorado Parks and Wildlife
US Army. Corps of Engineers
Weld County Extension Office
Lupton Bottom Ditch Company
Brighton Lateral Ditch Company
Anadarko Petroleum Corporation
Platte Valley Conservation District
West Adams Conservation District
Colorado Department of Transportation
Platte River Water Development Authority
Weld County Office of Emergency Management
Colorado Department of Public Health and Environment
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SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: Kim Ogle Hearing Date: September 5. 2017
Case Number: USR17-0032
Applicant: Discovery DJ Services, LLC
Address: 7859 Walnut Hill Lane, Suite 335. Dallas Texas
Representative: Zion Engineering, LLC. 8100 E. Maplewood Avenue. Greenwood Village, CO 80111
Request: A Site Specific Development Plan and Special Review Permit. USR17-0032 for a
greater than 12 -inch high pressure natural gas pipeline approximately fifteen (15.24)
miles long commencing at the Discovery DJ Services, LLC Fort Lupton Gas Plant
(USR16-0031) connecting into the Brighton West Interconnect Facility located near the
intersection of County Road 2 and County Road 17 (Quebec Street) in the A
(Agricultural) Zone District
Legal The preferred Discovery gas pipeline route will be aligned in a southwesterly direction.
Description: The pipeline will cross multiple sections including Sections 33. 28. 27, 22. 15. 14, 23
and 24. Township 1 North. Range 67 West and Sections 19. 20. 21. 16. 15. 14 and 11.
Township 1 North, Range 66 West of the 6th P.M.. Weld County. CO
Location: Generally located south of County Road 12: west of County Road 35; north of County
Road 2 and east of County Road 17
Size of Parcel: +1- 92.1 acres Parcel No's. Multiple Parcels
Case Summary:
Phase I of the Boardwalk pipeline project, approved on December 14, 2016 by the Board of
County Commissioners (USR16-0028) for a 29.4 -mile natural gas gathering trunkline originating at a
Central Delivery Point ("CDP") Facility located in Adams County, Colorado and terminating at
Discovery's Fort Lupton Gas Plant located approximately 4.3 -miles northwest of Lochbuie. Colorado.
The Fort Lupton Gas Plant, Phase I was approved on October 26, 2016 by the Board of County
Commissioners (USR16-0031).
The proposed Phase II of the Boardwalk pipeline project expands the original system west of the
CDP facility with a new 20- inch or smaller natural gas pipeline from a new pipeline pigging facility
(Brighton West Interconnect Facility) located approximately 2,100 feet west from the intersection
of E. 152nd Avenue and Holly Street on the north side of E-470 in Adams County and heading
north approximately 4.5 miles before crossing into Weld County near the intersection of County
Road 2 and Quebec Street. From the pigging facility, the natural gas pipeline will continue north by
north east approximately 9.47 miles to a second pigging facility located approximately 1.100 ft.
north of the intersection of County Road 29 and County Road 6, before continuing in a general
north by northeast direction approximately 4.95 miles to the Discovery Fort Lupton Gas Plant.
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The preferred route would incorporate an area of disturbance of approximately 15.2 miles long and 80
feet wide. or approximately 417.8 acres, with a permanent easement of 15.2 miles long and 30 feet wide.
or approximately 92.1 acres. The route bypasses the more populated areas of unincorporated Weld
County. taking local landowner preferences into account and providing a mitigated impact to local
businesses 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 route was selected to mitigate the impacts to
local businesses and residential neighborhoods: conform with the comprehensive
plans for Adams County, Weld County, the cities of Thornton and Ft. Lupton:
minimize impacts to the environment; and to the greatest degree possible, the
preferences of local city and county landowners. The preferred route is located on
lands within Weld County that are zoned as Agricultural. Industrial, and PUD.
In addition. in areas zoned for Agricultural. Discovery has worked with the
applicable property owners to accommodate their considerations and preferences
for the route and develop the preferred alignment to mitigate impacts to actively
cultivated fields and productive areas.
The preferred route does cross various canals associated with regional drainage
and irrigation. including the German Ditch and Fulton Canal systems. Discovery will
cross these canals via bore or horizontal direction drill, in accordance with the
respective canal company requirements. Permit applications for these crossings,
and other crossings along the preferred route. including permits with CDOT for
U.S. Highway 85 and Union Pacific for the railroad crossings.
All soils removed for installation of the pipeline will be returned to their original location
and will not be moved offsite. Discovery DJ Services. LLC [Discovery] 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 open space. The preferred route is sited on plowed fields and
pivot irrigation systems
B. Section 23-2-480.A.2 - The pipeline will not have an undue adverse effect on existing
and future development of the surrounding area, as set forth in applicable Master Plans.
The pipeline is located within the 3 -mile referral area of the City of Brighton, City of
Dacono, City of Fort Lupton. Town of Lochbuie and Adams County. The City of Dacono
returned a referral dated June 19, 2017 indicating no conflict with their interests. no other
municipalities or Adams County provided comments.
A neighborhood meeting was held on Tuesday, March 8. 2017 at the Eagle View Adult
Center. located in Brighton, Colorado. Notification of the neighborhood meeting was
mailed to all identified property owners within 250 feet of the proposed pipeline. Nine
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persons attended with questions generally regarding the proposed pipeline alignment,
depth of cover, monitoring of the pipeline. the easement for construction and for
operating. the timeline for construction. 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 Western Area Power Administration and the Public Service of Colorado
transmission lines, under the Burlington Northern Santa Fe railroad tracks. and under
State Highway 85. as well as, Lupton Bottom ditch, German ditch, Fulton ditch, Signal
ditch and the Henrylyn Irrigation District and Farmers Reservoir and Irrigation Company's
irrigation ditches. In a referral received from the Weld County Floodplain planner dated
July 27. 2017, the preferred pipeline route will cross the South Platte River and Big Dry
Creek flood plains. Therefore, any improvements or new construction in the floodplain will
require a Flood Hazard Development Permit.
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 al 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 buried to provide a minimum of 48 -inches of cover. 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.
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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.
Discovery will clearly mark the pipeline centerline with markers placed at line of site
intervals and at all road. railroad 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.
Discovery will 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.
Discovery maintains close working relationship with all emergency response personnel.
Each respective pipeline centerline will be clearly identified with markers placed at line -of -
sight intervals and at all road, railroad and canal crossings. These markers will clearly
identify Discovery 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 Discovery's operations and
control center located at the gas compression and processing facility. This facility will be
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, Discovery
will have the ability to isolate the respective pipelines by closing remotely operated valves
at either end of the pipeline or, on the natural gas trunk line, at the three (3) remote
valves located along the line to isolate any potential fuel source and mitigate propagation
of the emergency situation. In addition. Discovery operations personnel will have the
ability to locally evacuate the natural gas pipeline via blowdowns located at each end of
the line and at each respective remote valve site. Depending upon the nature of the
emergency. local emergency responders would be notified. and Discovery 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.
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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 four 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 site assessment of the vegetation, wildlife. wetlands. special status species has been
prepared along with a Class I cultural study of the proposed pipeline route. Colorado
Parks and Wildlife and 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. Discovery 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 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 irrigation crossing agreements/ easements from each affected
irrigation/ditch company shall be submitted to the Department of Planning Services.
(Department of Planning Services)
C. A copy of the signed CDOT crossing agreement/ easements shall be submitted to the
Department of Planning Services. (Department of Planning Services)
D. A copy of the signed Burlington Northern Santa Fe crossing agreements/ easements shall
be submitted to the Department of Planning Services. (Department of Planning Services)
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E. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to
the state highways. Please contact CDOT to verify the access permit or for any additional
requirement that may be needed to obtain or upgrade the permit. (Department of Public
Works)
F. A copy of the signed Western Area Power Administration crossing agreement/ easement
shall be submitted to the Department of Planning Services. (Department of Planning
Services)
G. An Improvements and Road Maintenance Agreement is required for offsite improvements
at this location. Road maintenance including, but not limited to dust control, damage repair.
specified haul routes and future traffic triggers for improvements will be included.
(Department of Public Works)
H. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR17-0032 (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. (Department of Planning Services)
5. County Road 4 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. (Department of Public Works)
6. County Road 8 west of Highway 85 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. (Department of Public Works)
7. County Road 21 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. (Department of Public Works)
8. County Road 6 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 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)
9. County Road 8 east of Highway 85 is a paved road and is designated on the Weld
County Functional Classification Map as a collector road which requires 80 feet of
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right-of-way at full buildout. The applicant shall delineate 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 23 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 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)
11. County Road 2 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 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)
12. County Road 19 is a paved road and is designated on the Weld County Functional
Classification Map as an arterial road which requires 140 feet of right-of-way at full
buildout. The applicant shall delineate 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)
13. County Road 10 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)
14. County Road 31 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)
15. 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)
16. Show and label the approved access(es) (APXX-XXXXX), and the appropriate
turning radii (60 foot) on the site plan. (Department of Public Works)
17. Show the approved Colorado Department of Transportation (CDOT) access(es) on
the site plan and label with the approved access permit number if applicable.
(Department of Public Works)
18. Show the approved Municipality of Brighton access(es) on the site plan and label with
the approved access permit number if applicable. (Department of Public Works)
19. Show and label the section line Right -of -Way as "CR 10 Section Line Right -Of -Way,
not County maintained." (Department of Public Works)
20. Show and label the section line Right -of -Way as "CR 31 Section Line Right -Of -Way,
not County maintained." (Department of Public Works)
21. Show and label the section line Right -of -Way as "CR 33 Section Line Right -Of -Way,
not County maintained." (Department of Public Works)
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22. The Colorado Department of Transportation (CDOT) crossing agreement reception
number for the subsurface high pressure natural gas pipeline. (Department of
Planning Services)
23. The Union Pacific Railroad crossing agreement reception number for the subsurface
high pressure natural gas pipeline. (Department of Planning Services)
24. The Western Area Power Administration crossing agreement reception number for
the subsurface high pressure natural gas pipeline. (Department of Planning Services)
25. The crossing agreement reception number for all irrigation ditches and canals.
(Department of Planning Services)
26. Show the approved Colorado Department of Transportation. Union Pacific Railroad
and Weld County accesses on the map and label with the approved access permit
numbers. (Department of Planning Services. 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 easements on the map by book and page number or
reception number and date on the plan. (Department of Planning Services)
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)
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)
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. Any improvements or new construction in the floodplain require a Flood Hazard
Development Permit. (Department of Planning Services - Floodplain)
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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)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Discovery DJ Services, LLC
USR17-0032
1. A Site Specific Development Plan and Special Review Permit. USR17-0032 for a greater than 12 -inch
high pressure natural gas pipeline approximately fifteen (15.24) miles long commencing at the
Discovery DJ Services. LLC Fort Lupton Gas Plant (USR16-0031) connecting into the Brighton West
Interconnect Facility located near the intersection of County Road 2 and County Road 17 (Quebec
Street) 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 1541 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 Planning Services -
Engineer)
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. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services - Engineer)
9. 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)
10. 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)
11. 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)
12. 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)
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13. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with
the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and
Environment)
14. 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)
15. 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)
16. 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)
17. 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 -2115E effective date January 20, 2016 (South Platte River
Floodplain) and Panel Map #O8123C-2115E and 2110E (Big Dry Creek 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)
18. 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 - Floodplain)
19. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
20. Necessary personnel from the Weld County Departments of Planning Services, Public Works. and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations.
21. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans
or Development Standards, as shown or stated. shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
22. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners.
23. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources. including. but not limited to, sand and gravel, oil. natural gas. and coal.
Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's
commercial mineral deposits are essential to the state's economy: (b) the populous counties of the
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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.
24. 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
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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.
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August 10, 2017
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@weldgov.com
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
Andy Siegfried
8100 E. Maplewood Ave
Suite 100
GREENWOOD VILLAGE, CO 80111
Subject: USR17-0032 - A Site Specific Development Plan and Special Review Permit for a greater than
12 -inch high pressure natural gas pipeline (20 -inch) approximately fifteen (15.2) miles long in the A
(Agricultural) Zone District
On parcel(s) of land described as:
The proposed pipeline enters Weld County in Section 33, T1 N, R67W and travels north through
Sections 28, 27 and 22, turning west through Sections 23 and 24, T1 N, R67W, then east through
Sections 19, 20, 21 then turning north into Sections 21, 15 then east into Section 14 then north into
Section 11, T1 N, R66W of the 6th P.M., Weld County, Colorado and terminating at the Fort Lupton Gas
Plant.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on September 5, 2017, at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on October 4,
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
If you have any questions concerning this matter, please call.
Respectfully,
Planner
Kim Ogl
June 19, 2017
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@weldgov.com
PHONE: (970) 353-6100, Ext. 3549
FAX: (970) 304-6498
ANDY SIEGFRIED
8100 E MAPLEWOOD AVE STE 100
GREENWOOD VILLAGE, CO 80111
Subject: USR17-0032 - A Site Specific Development Plan and Special Review Permit for a greater than
12 -inch high pressure natural gas pipeline (20 -inch) approximately fifteen (15.2) miles long commencing
at the Discovery DJ Services, LLC Gas Plant (USR16-0031) connecting into the Central Delivery Point
located approximately 3 -miles south of Brighton, Colorado in Adams County, Colorado in the A
(Agricultural) Zone District
On parcel(s) of land described as:
The proposed pipeline enters Weld County in section 33, T1 N, R67W and travels north through Setions
28, 27, and 22, turning west through Sections 23 and 24, T1N, R67W, then east through Sections 19,
20, 21 then turning north into Sections 21, 15 then east into Section 24 then north into Section 11, t1 N,
R66W of the 6th P.M., Weld County, Colorado and terminating at the Fort Lupton Gas Plant
(USR16-0031)
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:
Dacono at Phone Number 303-833-2317
Fort Lupton at Phone Number 303-857-6694
Thornton at Phone Number 303-538-7200
Brighton at Phone Number 303-655-2000
Lochbuie at Phone Number 303-655-9308
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.
Respectfully,
Kim Ogle
Planner
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