HomeMy WebLinkAbout20163459.tiffBEFORE THE WELD COUNTY. COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jordan Jemiola. 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:
USR16-0028
DISCOVERY DJ SERVICES, LLC
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A
PIPELINE (16 -INCH DIAMETER NATURAL GAS PIPELINE) IN THE A
(AGRICULTURAL) ZONE DISTRICT
THE PROPOSED PIPELINE ENTERS WELD COUNTY IN SECTION 33. T1 N,
R65W AND TRAVELS NORTH THROUGH SECTIONS 28 AND 21. TURNING
WEST INTO SECTIONS 20 AND 19 THEN SOUTH INTO SECTION 30 AND
TURNING WEST INTO SECTION 25, Ti N. R66W THEN SECTION 26 TURNING
NORTH INTO SECTION 22 AND SECTION 15 AND TERMINATING AT THE
DISCOVERY GAS PLANT IN SECTION 11. Ti N. R66W OF THE 6TH P.M.. WELD
COUNTY COLORADO
SOUTH OF CR 12: EAST OF CR 31. NORTH OF AND ADJACENT TO CR 2:
WEST OF CR 43
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-
2-220 of the Weld County Code as follows:
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. 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
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 Fort
Lupton, Town of Hudson, Town of Lochbuie and Adams County. The City of Fort Lupton
returned a referral dated October 6. 2016 indicating no conflict with their interests.
A neighborhood meeting was held on Tuesday, June 7. 2016 at the Eagle View Adult Center,
located in Brighton. Colorado. Notification of the neighborhood meeting was mailed to all
identified property owners within 500 feet of the proposed pipeline project on May 20, 2016
with a corrected flyer provided on May 23, 2016 concerning the proposed pipeline.
Seventeen persons attended with questions generally regarding the proposed pipeline
alignment. operating pressure. depth of cover, life term of pipeline, the easement for
construction and for operating, the timeline for construction. the ownership of the pipeline and
the method for providing maintenance of the pipeline.
Section 23-2-480.A.3 — The design of the proposed pipeline mitigates negative impacts on
the surrounding area to the greatest extent feasible.
cnt Li) 661
RESOLUTION USR16-0028
DISCOVERY DJ SERVICES. LLC
PAGE 2
The applicant indicates that many private easements (rights -of -way without Fee ownership)
have been negotiated for the pipeline with private land owners, whereas any alternative
alignments would require new easements to be negotiated and involve crossings that may
result in greater environmental impacts in certain locations. The preferred pipeline route
minimizes environmental surface impacts. The pipeline will cross under the Public Service of
Colorado transmission line, under the Burlington Northern Santa Fe railroad tracks. and
under Interstate 76 highway, as well as, the Denver -Hudson Canal and Farmers Reservoir
and Irrigation Company's irrigation ditches. In a referral received from the Weld County
Floodplain planner dated September 20. 2016, no conflicts were noted as the pipeline
alignment does not appear to cross any regulated floodplains.
Anadarko Petroleum Corporation submitted a letter of objection dated October 28. 2016
specific to encroachment or crossing of existing Kerr McGee pipelines and also the intrusion
upon several oil and gas drilling windows. Further. concerns were raised of pipeline
placement in close proximity to two existing wellheads and two tank batteries, (Inventory
Exhibit 2)
Zarlengo & Kimmell, PC, Legal Counsel for Discovery DJ Services, LLC (Discovery) provided
a written response dated October 31. 2016 to the Anadarko Petroleum Corporation letter
dated October 28. 2016. Mr. Kimmell states that Discovery has already agreed to move its
pipeline route to accommodate Anadarko's desire to leave open future oil and gas windows.
(Inventory Exhibit 3)
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.
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.
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
RESOLUTION USR16-0028
DISCOVERY DJ SERVICES. LLC
PAGE 3
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 employs highly trained operators and contractors and 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.
Section 23-2-480.A.6 — All reasonable alternatives to the proposal have been adequately
assessed. and the proposed action is consistent with the best interests of the people of the
County and represents a balanced use of resources in the affected area.
The applicant reviewed alternative pipeline locations. The preferred route utilizes a pipeline
right-of-way corridor negotiated through agreements with private property owners. The
alternatives would likely result in additional safety impacts due to the proximity of the 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.
RESOLUTION USR16-0028
DISCOVERY DJ SERVICES. LLC
PAGE 4
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.
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 Planning Commission recommendation for approval is conditional upon the following:
1 Prior to recording the map:
A. A copy of the signed and recorded (construction and post -construction) lease agreements (or
other acceptable authorization from property owner) for pipeline right-of-way (easements) shall
be submitted to the Department of Planning Services. (Department of Planning Services)
B. A copy of the signed irrigation crossing agreements/ easements from each affected
irrigation/ditch company shall be submitted to the Department of Planning Services.
(Department of Planning Services)
A copy of the signed CDOT crossing agreement/ easements shall be submitted to the
Department of Planning Services. (Department of Planning Services)
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)
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)
The map shall be amended to delineate the following:
1 All sheets of the map shall be labeled USR16-0028 (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)
RESOLUTION USR16-0028
DISCOVERY DJ SERVICES LLC
PAGE 5
5. County Roads 4, 6, 10. 39 and 41 are designated on the Weld County Road
Classification Plan as local roads. which requires 60 feet of right-of-way at full build out.
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)
6. County Roads 2 and 8 are designated on the Weld County Road Classification Plan as a
collector road. which requires 80 feet of right-of-way at full build out. There is presently
60 feet of right-of-way. An additional 10 feet shall be delineated on the plat as future
County Roads 2 and 8 right-of-way. All setbacks shall be measured from the edge of
future right-of-way_ 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)
7. County Roads 33. 35 and 37 are designated on the Weld County Road Classification
Plan as a section line road with thirty (30) feet of right-of-way. These roads are not
maintained by Weld County. 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. Show and
label the section line Right -of -Way as "CR Section Line Right of Way. not County
maintained". (Department of Public Works)
8. The Colorado Department of Transportation (CDOT) crossing agreement reception
number for the subsurface high pressure natural gas pipeline.
9. The Burlington Northern Railroad crossing agreement reception number for the
subsurface high pressure natural gas pipeline.
10. The crossing agreement reception number for all irrigation ditches and canals.
11. Show the approved access(es) on the map and label with the approved access permit
number (will be provided). (Department of Public Works)
12 Show the approved Colorado Department of Transportation. Burlington Northern Railroad
and Weld County accesses on the map and label with the approved access permit
numbers. (Department of Planning Services, Department of Public Works)
13. 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)
14. The applicant shall show the drainage flow arrows. (Department of Planning Services -
Engineer)
2. Upon completion of Condition of Approval #1 above. the applicant shall submit one (1) paper copy or
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all
other documentation required as Conditions of Approval. The Mylar map shall be recorded in the
office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall
be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days
from the date of the Board of County Commissioners Resolution. The applicant shall be responsible
for paying the recording fee. (Department of Planning Services)
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 550.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
RESOLUTION USR16-0028
DISCOVERY DJ SERVICES, LLC
PAGE 6
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)
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 Gene Stille.
VOTE:
For Passage
Bruce Sparrow
Cherilyn Barringer
Jordan Jemiola
Joyce Smock
Michael Wailes
Terry Cross
Tom Cope
Gene Stille
Against Passage Absent
Bruce Johnson
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 1, 2016.
Dated the 1st of November, 2016
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Discovery DJ Services, LLC
USR16-0028
1 A Site Specific Development Plan and Special Review Permit, USR16-0028 for a greater than12-inch high
pressure natural gas pipeline approximately eleven and on -half (11.5) 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, in the A (Agricultural) Zone District,
subject to the Development Standards stated hereon (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County
Code. (Department of Planning Services)
3 The property owner or operator shall provide written evidence of an approved Emergency Action and
Safety Plan on or before March 15'' of any given year signed by representatives for the Fire District and
the Weld County Office of Emergency Management to the Department of Planning Services. (Department
of Planning Services)
4. The property owner shall control noxious weeds on the site. (Department of 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. Building permits may be required, per Section 29-3-10 of the Weld County Code Currently. the following
have been adopted by Weld County 2012 International Codes, 2006 International Energy Code. and 2014
National Electrical Code_ A Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted
for review A Geotechnical Engineering Report performed by a Colorado registered engineer shall be
required or an Open Hole Inspection. (Department of Building Inspection)
9. 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)
10. 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)
11 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)
12. 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)
13. 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)
14. 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)
RESOLUTION USR16-0028
DISCOVERY DJ SERVICES, LLC
PAGE 8
15. 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)
16. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
17. 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.
18. 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.
19. 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.
20 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.
21. 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.
RESOLUTION USR16-0028
DISCOVERY DJ SERVICES. LLC
PAGE 9
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.
tom° Yl'unw\es
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday. November 1. 2016
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,
Bruce Sparrow. at 12:30 pm
Roll Call.
Present Bruce Sparrow. Cherilyn Barringer, Gene Stille. Jordan Jemiola. Joyce Smock, Michael Wailes,
Terry Cross. Tom Cope.
Absent. Bruce Johnson.
Also Present: Kim Ogle, Department of Planning Services: Lauren Light. Department of Health: Evan
Pinkham. Public Works: Frank Haug, County Attorney, and Kris Ranslem. Secretary.
Motion. Approve the October 18. 2016 Weld County Planning Commission minutes, Moved by Joyce
Smock, Seconded by Terry Cross_ Motion passed unanimously.
CASE NUMBER
APPLICANT
PLANNER
REQUEST
LEGAL DESCRIPTION
LOCATION
USR16-0028
DISCOVERY DJ SERVICES. LLC
KIM OGLE
A SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR
A PIPELINE (16 -INCH DIAMETER NATURAL GAS PIPELINE) IN THE A
(AGRICULTURAL) ZONE DISTRICT
THE PROPOSED PIPELINE ENTERS WELD COUNTY IN SECTION 33. T1 N,
R65W AND TRAVELS NORTH THROUGH SECTIONS 28 AND 21 TURNING
WEST INTO SECTIONS 20 AND 19 THEN SOUTH INTO SECTION 30 AND
TURNING WEST INTO SECTION 25. Ti N R66W THEN SECTION 26 TURNING
NORTH INTO SECTION 22 AND SECTION 15 AND TERMINATING AT THE
DISCOVERY GAS PLANT IN SECTION 11. Ti N R66W OF THE 6TH P M.. WELD
COUNTY COLORADO
SOUTH OF CR 12. EAST OF CR 31, NORTH OF AND ADJACENT TO CR 2.
WEST OF CR 43.
Kim Ogle. Planning Services, presented Case USR16-0028, reading the recommendation and comments
into the record. The applicants hosted a neighborhood meeting concerning the pipeline and project where
17 people were in attendance Staff did not receive correspondence regarding this case: however three
(3) telephone calls were received from surrounding property owners inquiring about the project.
Additionally, a letter of objection was received from Anadarko Petroleum Company regarding concerns of
the proposed pipeline alignment and the potential impacts this pipeline might have on the existing Anadarko
pipeline in the areas as well as the potential intrusion upon several oil and gas drilling envelopes. 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,
Kim Ogle reported for Weld County Engineering and reviewed 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.
Jeff Brewster. Quality Check Energy Services representing Discovery DJ Services, 161 Brewster Road,
Dupont, Louisiana, stated that they are proposing to construct and develop a natural gas pipeline for
multiple producers in Adams and Weld County.
Commissioner Cope asked the applicant to describe the conflicts from Anadarko Petroleum Mr Brewster
said that Anadarko has some drilling envelopes that they are concerned with as well as some places that
they were going to be crossing Anadarko's existing pipeline. As a result after meeting with Anadarko. the
applicants have rerouted their pipeline to accommodate Anadarko's drilling envelopes. Mr Brewster added
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that after some counsel advisement. some of Anadarko's concerns were not legitimate However, they
continue to try and work with them and their concerns.
Commissioner Sparrow asked what pressure this pipeline will operate at Andy Siegfried. Zion Engineering,
8100 East Maplewood Avenue. Greenwood Village, Colorado, stated that the pipeline is designed at 2300
lbs and will operate at a maximum of 1440 lbs. Initial operation of the pipeline will be between 50 and 200
lbs. Mr. Sparrow asked how far the valves will be laid out. Mr. Siegfried said that there is 10 miles in
spacing between valves. He added that along the proposed pipeline are three (3) valves of which two (2)
are in Adams County and one (1) valve in Weld County, which meets federal and code guidelines.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
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 USR16-0028 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 Jordan Jemiola, Seconded by Gene Stille
Vote: Motion carried by unanimous roll call vote (summary: Yes = 8).
Yes: Bruce Sparrow, Cherilyn Barringer. Gene Stille, Jordan Jemiola. Joyce Smock, Michael Wailes, Terry
Cross. Tom Cope.
The Chair asked the public if there were other items of business that they would like to discuss No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss Tom Parko,
Planning Director, presented the 2017 Weld County Planning Commission hearing dates.
Meeting adjourned at 1 02 pm.
Respectfully submitted,
461/4abant ?Otustun_
Kristine Ranslem
Secretary
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