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LAND USE APPLICATION
SUMMARY SHEET
Kim Ogle
USR17-0050
DCP Midstream, LP
David Jost, DCP Operating Company, LP, 3026 4th Avenue, Greeley, CO 80631
Hearing Date: November 21, 2017
A Site Specific Development Plan and Special Review Permit, USR17-0050 for a
greater than 12 -inch high pressure natural gas pipeline approximately 7 miles long (20
inch natural gas pipeline originating at the Godfrey Compressor Station (USR 11-0005)
and terminating at the Mewbourn Gas Plant (5MJUSR17-83-0542) in the A
(Agricultural) Zone District
The pipeline will cross multiple sections including Sections 10, 11 14, 18, 24, 25,
and 36 of Township 4 North; Range 66 West and Sections 1 and 2 of Township 3
North Range 66 West of the 6th P.M., Weld County, Colorado.
Generally located north of County Road 36; East of County Road 31; south of County
Road 48 and west of County Road 37
Size of Parcel: +1- 85.5 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:
Farmer's Reservoir and Irrigation Company (FRICO), referral dated September 19, 2017
Weld County Department of Public Health and Environment, referral dated October 5, 2017
Weld County Department of Planning Services - Engineer, referral dated October 16, 2017
Weld County Department of Public Works, referral dated October 16, 2017
Anadarko Petroleum Corporation, referral dated October 27, 2017
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
Weld County Zoning Compliance, referral dated September 18, 2017
Colorado Parks and Wildlife, referral dated September 18, 2017
Weld County Sheriff's Office, referral dated September 25, 2017
Town of Gilcrest, referral dated October 5, 2017
West Greeley Conservation District, referral dated October 16, 2017
The Department of Planning Services' staff has not received responses from the following agencies:
City of Evans
Town of LaSalle
History Colorado
Union Pacific Rail Road
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LaSalle Fire Protection District
4) Platte Valley Conservation District
Colorado Department of Transportation
Platteville Fire Protection District referral dated
Weld County Office of Emergency Management
Weld County Department of Public Works Access
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Planner:
Case Number:
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Request:
Legal
Description:
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Kim Ogle
USR17-0050
DCP Midstream, LP
David Jost, DCP Operating Company, LP, 3026 4th Avenue, Greeley, CO 80631
Hearing Date: November 21, 2017
A Site Specific Development Plan and Special Review Permit, USR17-0050 for a
greater than 12 -inch high pressure natural gas pipeline approximately 7 miles long (20
inch natural gas pipeline originating at the Godfrey Compressor Station (USR11-0005)
and terminating at the Mewbourn Gas Plant (5MJUSR17-83-0542) in the A
(Agricultural) Zone District
The pipeline will cross multiple sections including Sections 10, 11 14, 18, 24, 25,
and 36 of Township 4 North; Range 66 West and Sections 1 and 2 of Township 3
North Range 66 West of the 6th P.M., Weld County, Colorado.
Generally located north of County Road 36; East of County Road 31; south of County
Location: Road 48 and west of County Road 37
Size of Parcel: +1- 85.5 acres Parcel No.s Multiple
Case Summary:
DCP is proposing to construct and operate a natural gas discharge pipeline called the Godfrey
Bottoms 20" Discharge Pipeline (also referred to as the "proposed pipeline"). This pipeline will
connect the proposed Godfrey Compressor Station (U SR 11-0005) to the Mewbourn Gas Plant
(5MJUSRI7-83-542). The development of this pipeline will increase the pipeline transport capacity of
natural gas in Weld County, reduce the burden of the vehicular transport on Weld County Roads,
and support the safer transport of natural gas within the county.
The pipeline would be constructed within a 100 -foot -wide temporary easement (right-of-way), unless
otherwise noted by the landowner agreements. Once the pipeline has been installed, the temporary
easement will be returned to its pre -construction contours and reclaimed. The permanent maintenance
easement (right-of-way) will be 30 feet wide. Permanent structures will include one launcher at the
Godfrey Compressor Station, one receiver at the Mewbourn Gas Facility, and one valve located near
the intersection of County Road 42.5 and County Road 35. Total land impacts during construction
will be approximately 85.5 acres while the permanent easement (right-of-way) will cover
approximately 25.6 acres.
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 23-2-480 of the Weld County Code as follows:
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DCP Midstream LP
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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. DCP 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 dryland grazing lands 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 Town of Gilcrest, Town of LaSalle and
City of Evans. The Town of Gilcrest returned a referral dated October 5, 2017 stating they had
reviewed the request and find no conflicts with their interests. The Town of LaSalle and City of
Evans did not return the referral.
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 Weld County Roads and the Platte Valley Ditch.
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 irrigation ditches will be crossed by the pipeline boring beneath the bed of the waterbody 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 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
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be lowered into the trench and backfilled. The pipeline(s) will subsequently be pressure tested
using water (hydrostatically tested) to industry regulations.
In addition to DCP's monitoring and valve cutoff systems described in the section below, DCP
will clearly mark the pipeline centerline with markers placed at line of site intervals, and at
road and railroad crossings. The markers will clearly indicate the presence of a gas 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 of the pipeline. In addition,
DCP participates in the "One Call" system. "One call" systems serve as the clearinghouse for
excavation activities that are planned close to pipelines and other underground utilities.
DCP maintains a monitoring system that includes a gas control center that tracks pressures,
flows, and deliveries on its entire system. The gas control center is staffed 24 hours a day, 7 days
a week, 365 days a year. DCP also has area offices near the pipeline route with personnel who
can provide the appropriate response to emergency situations and direct safety operations as
necessary. DCP's pipeline systems are equipped with remotely controlled valves that can be
operated from the gas control center. In the event of an emergency, the valves allow for a section
of the pipeline to be isolated from the rest of the system. Data acquisition systems are also present
at all of DCP's meter stations. If system pressures fall outside of a predetermined range, an alarm
is activated, and notice is transmitted to the gas control center.
Routine aerial and ground inspections are conducted by DCP personnel or contractors. These
inspections allow DCP to identify soil erosion that may expose the pipeline; dead vegetation that
may indicate a leak in the line; unauthorized encroachment on the easement (right-of-way) by a
third party; or other conditions that may lead to a safety hazard and/or require preventative
maintenance or repairs.
C. 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 pipeline crosses cultivated fields and an irrigation canal. Colorado Parks and Wildlife
returned a referral dated September 19, 2017 indicating no conflicts with their interests 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. DCP 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.
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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. The applicant shall address the requirements of FRICO on behalf of the Platte Valley Ditch, as
stated in the referral response dated September 19, 2017. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. Alternatively, per Section 23-2-
370.D.2.k "The applicant shall submit to the Department of Planning Services a copy of an
agreement with the owner of any ditch located on or adjacent to the site, OR shall provide
written evidence that an adequate attempt has been made to mitigate the concerns of the
ditch owners. The agreement shall stipulate that ditch activities have adequately been
incorporated into the design of the site. If such agreement cannot be reached, the
applicant shall present evidence that an adequate attempt to reach such agreement has
been made." (Department of Planning Services)
C. The applicant shall attempt to address the requirements of Anadarko Petroleum Corporation
specific to crossing of recorded easements and encroachment of the prescribed drilling windows,
as stated in the referral response dated October 27, 2017. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
D. An Improvements and Road Maintenance Agreement is required for offsite improvements at this
location. Road maintenance including, but not limited to dust control, tracking control, damage
repair, specified haul routes and future traffic triggers for improvements will be included.
(Department of Public Works)
E. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR17-0050. (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, and any significant man-made features
within one-half (0.5) mile on each side of the approved route. (Department of Planning
Services)
5. The applicant shall show the drainage flow arrows. (Department of Planning Services -
Engineer)
6. County Road 38 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
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measured from the edge of right-of-way. This road is maintained by Weld County.
(Department of Public Works)
7. County Road 40 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 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.
(Department of Public Works)
9. County Road 35 on the northern portion of the pipeline is a paved 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)
10. County Road 35 on the southern portion of the pipeline 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 44 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)
12. County Road 46 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)
13. If required, show and label the approved access(es) (APXX-XXXXX), and the appropriate
turning radii (60') on the site plan. (Department of Public Works)
14. 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)
15. Show the approved City of Evans access(es) on the site plan and label with the approved
access permit number if applicable. (Department of Public Works)
16. Show and label the 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 be less than 35 feet. (Department of Public Works)
17. The crossing agreement reception number for all irrigation ditches and canals, as applicable.
(Department of Planning Services)
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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
mapsco.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 approved access and tracking control shall be constructed prior to on -site construction.
(Department of Public Works)
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. (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)
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DCP Midstream, LP
USR17-0050
1. A Site Specific Development Plan and Special Review Permit, USR17-0050 for a greater than 12 -inch
high pressure natural gas pipeline approximately 7 miles long (20 inch natural gas pipeline originating
at the Godfrey Compressor Station (USR11-0005) and terminating at the Mewbourn Gas Plant
(5MJUSRI7-83-0542) 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 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.
(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. Any pipeline crossing an arterial road, such as Weld County Road 49 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.
(Department of Public Works)
8. The historical flow patterns and runoff amounts on the site will be maintained. (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 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)
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 toilet facilities and handwashing units shall be provided during construction of the project.
Portable toilets are acceptable. Portable toilets shall be serviced by a cleaner licensed in Weld
County and shall contain hand sanitizers. (Department of Public Health and Environment)
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. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
18. 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.
19. 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.
20. 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.
21. 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.
22 WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties
in the United States, typically ranking in the top ten counties in the country in total market value of
agricultural products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and accept there
are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the
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rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and county roads outside of municipalities. The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than on
patrols of the County, and the distances which must be traveled may delay all emergency responses,
including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who
must leave their jobs and families to respond to emergencies. County gravel roads, no matter how
often they are bladed, will not provide the same kind of surface expected from a paved road. Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal
services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
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October 26, 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
Patrick Groom
822 7th Street
Greeley, CO 80631
Subject: USR17-0050 - A Site Specific Development Plan and Special Review Permit, USR17-0050 for a
greater than 12 -inch high pressure natural gas pipeline approximately 7 miles long (20 inch natural gas
pipeline originating at the Godfrey Compressor Station (USR11-0005) and terminating at the Mewbourn
Gas Plant (5MJUSR17-83-0542) in the A(Agricultural) Zone District
On parcel(s) of land described as:
Originating at the Godfrey Bottoms Compressor Station (USR11-0005) located in Section 10, T4N,
R66W heading east into Section 11, the heading south into Section 14, then south east into Section 13
then south into Section 24 then south into Section 25 into Section 36 into Section 1, T3N, R66W then
into Section 2 and terminating at the Mewbourn Gas Plant (5MJUSR17-83-0542) in Section 35, T4N,
R66W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on November 21, 2017, at
12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on December
13, 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,
Kim Ogl
Planner
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
September 18, 2017
PATRICK GROOM
822 7TH ST
GREELEY CO 80631
Subject: USR17-0050 - A Site Specific Development Plan and Special Review Permit, USR17-0050 for a
greater than 12 -inch high pressure natural gas pipeline approximately 7 miles long (20 inch natural gas
pipeline originating at the Godfrey Compressor Station (USR11-0005) and terminating at the Mewbourn
Gas Plant (5MJUSR17-83-0542) in the A(Agricultural) Zone District
On parcel(s) of land described as:
Originating at the Godfrey Bottoms Compressor Station located in Section 10, T4N, R66W heading east
into Section 11, then heading south into Section 14, then southeast into Section 13 then south into
Section 24, then South into Section 25 into Section 36 into Section 1, T3N, R66w then into Section 2
and terminating at the Mewbourn Gas Plant in Section 35, T4N, R66W of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Departments for their review and comments:
Evans at Phone Number 970-475-1170
Gilcrest at Phone Number 970-737-2426
LaSalle at Phone Number 970-284-6931
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 Ogl
Planner
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