HomeMy WebLinkAbout20173894BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bruce Johnson, 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
USR 17-0050
DCP OPERATING COMPANY, LP
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND USR BY SPECIAL REVIEW
PERMIT 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
ORIGINATING AT THE GODFREY BOTTOMS, COMPRESSOR STATION
(USR11-0005) 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 (5MJUSR17-
83-0542) IN SECTION 35, T4N, R66W OF THE 6TH P.M., WELD COUNTY,
COLORADO.
GENERALLY LOCATED NORTH OF CR 36; EAST OF CR 31; SOUTH OF CR 48
AND WEST OF CR 37
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. 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.
RESOLUTION USR17-0050
DCP OPERATING COMPANY. 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
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 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 DC P'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.
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.
RESOLUTION USR17-0050
DCP OPERATING COMPANY LP
PAGE 3
This route was selected as the preferred project route as it balances environmental sensitivity,
operational efficiency. cost minimization. and adjacent landowner considerations. As such. DCP has
proposed this alignment as the preferred route as it helps meet the operational needs of the project
while minimizing impacts to the surrounding community and environment
In the early planning stages, DCP considered alternative route options through the property;
however, the DCP generally decided to site the pipelines as close to the southern edge of the
property as possible in order to make inspection access easier and to reduce the potential for
interruption to agricultural activities in the nearby field and other resources.
G Section 23-2-480.A.7 - The nature and location or expansion of the pipeline will not unreasonably
interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife
species. unique natural resource, known historic landmark or archaeological site within the affected
area
The 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.
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. 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
RESOLUTION USR17-0050
DCP OPERATING COMPANY LP
PAGE 4
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 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
RESOLUTION USR17-0050
DCP OPERATING COMPANY. LP
PAGE 5
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)
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(a�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. 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)
RESOLUTION USR17-0050
DCP OPERATING COMPANY LP
PAGE 6
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 Lonnie Ford.
VOTE
For Passage
Bruce Johnson
Bruce Sparrow
Jordan Jemiola
Terry Cross
Tom Cope
Gene Stille
Lonnie Ford
Against Passage Absent
Michael Wailes
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 November 21, 2017.
Dated the 21st of November, 2017
46theint-d 14111.61LIK_
Kristine Ranslem
Secretary
RESOLUTION USR17-0050
DCP OPERATING COMPANY LP
PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
DCP Midstream, LP
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. 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)
RESOLUTION USR17-0050
DCP OPERATING COMPANY. LP
PAGE 8
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 rural atmosphere
and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld
County would quickly be gone forever
RESOLUTION USR17-0050
DCP OPERATING COMPANY LP
PAGE 9
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
7C IA1n1,6es
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SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, November 21, 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, Gene Stille, Jordan Jemiola, Terry Cross, Tom Cope, Lonnie
Ford.
Absent: Michael Wailes.
Also Present: Kim Ogle and Chris Gathman, Department of Planning Services; Hayley Balzano,
Department of Planning Services — Engineering Division; Lauren Light and Ben Frissell, Department of
Health; Evan Pinkham, Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary.
Motion: Approve the November 7, 2017 Weld County Planning Commission minutes, Moved by Gene
Stille, Seconded by Bruce Johnson. Motion passed unanimously.
CASE NUMBER USR17-0050
APPLICANT: DCP OPERATING COMPANY, LP
PLANNER: KIM OGLE
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USR BY SPECIAL REVIEW
PERMIT 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
LEGAL DESCRIPTION: ORIGINATING AT THE GODFREY BOTTOMS, COMPRESSOR STATION
(USR11-0005) 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
(5MJUSR17-83-0542) IN SECTION 35, T4N, R66W OF THE 6TH P.M.. WELD
COUNTY, COLORADO.
LOCATION: GENERALLY LOCATED NORTH OF CR 36; EAST OF CR 31; SOUTH OF CR 48
AND WEST OF CR 37.
Kim Ogle, Planning Services, presented Case USR17-0050, 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 existing traffic and access to the site.
Hayley Balzano, Engineering, reported on the drainage conditions for the site.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan.
John Barry, 822 7th Street, Greeley, Colorado, stated that he represents the applicants. He said that he is
not aware of any controversy or opposition to the application.
Commissioner Sparrow asked if it is a federal regulation to have a shut-off valve every 6.5 miles. Steve
Nelson, DCP Midstream, 370 17th Street, Denver, Colorado, replied that it is a federal regulation as well as
industry code require valve spacing depending on the class location of the pipeline. He added that they
have designed a valve to be in place in less than 5 miles from any point on the pipeline.
The Chair asked if there was anyone in the audience who wished to speak for or against this a•.Iication.
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David Bodley 22805 CR 33, LaSalle. Colorado. referred to the discussion of crossing the roads but said
that there was no mention of County Road 33. He said that County Road 33 will be crossed and asked if
it will be bored or if it will have an open trench He asked how traffic will be handled if it is an open trench
Mr. Ogle said that County Road 33 has been annexed by the City of Evans and added that it will likely be
bored and not an open cut
The Chair asked the applicant if they have read through the 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 USR17-0050 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Bruce Johnson. Seconded by Lonnie Ford.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Bruce Johnson, Bruce Sparrow. Gene Stille. Jordan Jemiola. Lonnie Ford, Terry Cross. Tom Cope.
Meeting adjourned at 1:44 pm.
Respectfully submitted,
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Kristine Ranslem
Secretary
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