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Home My WebLink About20163458.tiffRESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR16-0028, FOR A PIPELINE (16 -INCH DIAMETER NATURAL GAS PIPELINE) IN THE A (AGRICULTURAL) ZONE DISTRICT - DISCOVERY DJ SERVICES, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 16th day of November, 2016, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of Discovery DJ Services, LLC, 7859 Walnut Hill Lane, Suite 335, Dallas, Texas 75231, for a Site Specific Development Plan and Use by Special Review Permit, USR16-0028, for a Pipeline (16 -inch diameter natural gas pipeline) in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: The proposed pipeline enters Weld County in Section 33, Township 1 North, Range 65 West 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, Township 1 North, Range 66 West then Section 26 turning north into Section 22 and Section 15 and terminating at the Discovery Gas Plant in Section 11, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was not present and the Board deemed it appropriate to continue the matter to December 14, 2016, at 10:00 a.m. to allow the applicant to be present, and WHEREAS, on December 14, 2016, the applicant was present, and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall 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 Board of County Commissioners that the applicant has shown compliance with Section 23-2-530 of the Weld County Code as follows: CG FL.(KO /Mm), P£CFtg), &H CLLR, Q-PPL O I / as/17 2016-3458 PL2448 SPECIAL REVIEW PERMIT (USR16-0028) - DISCOVERY DJ SERVICES, LLC PAGE 2 A. Section 23-2-530.A — 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 off -site. Discovery DJ Services, LLC, hereinafter referred to as Discovery, indicates that they will repair and/or replace any facilities damaged or removed during the placement of the pipeline. The preferred pipeline route minimizes environmental impacts such as wetland areas, water bodies and open space. The preferred route is sited on plowed fields and pivot irrigation systems. B. Section 23-2-530.B — 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 three (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. C. Section 23-2-530.C — The design of the proposed pipeline mitigates negative impacts on the surrounding area to the greatest extent feasible. The applicant indicates that many private easements (rights -of -way without Fee ownership) have been negotiated for the pipeline with private land owners, whereas, any alternative alignments would require new easements to be negotiated and involve crossings that may result in greater environmental impacts in certain locations. The preferred pipeline route minimizes environmental surface impacts. The pipeline will cross under the Public Service of Colorado transmission line, under the Burlington Northern Santa Fe railroad tracks, and under Interstate 76, 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 regarding pipeline placement in close proximity to two existing wellheads and two tank batteries. Zarlengo & Kimmell, at Planning Commission, legal counsel for 2016-3458 PL2448 SPECIAL REVIEW PERMIT (USR16-0028) - DISCOVERY DJ SERVICES, LLC PAGE 3 Discovery DJ Services, LLC, 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. D. Section 23-2-530.D — 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 23-2-530.E -- 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 implemented 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; and, 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 considered both flammable and combustible. Dry natural gas is a clean burning fuel source, also considered both flammable and combustible. In general, the 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, 2016-3458 PL2448 SPECIAL REVIEW PERMIT (USR16-0028) - DISCOVERY DJ SERVICES, LLC PAGE 4 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, and provide a telephone number and address where a company representative can be reached in an emergency. In the event of an emergency, a call to the number on these markers will go to Discovery's operations and control center located at the gas compression and processing facility. This facility will be staffed 24 hours/day, 7 days/week by trained operators, qualified in both the day-to-day operation of the respective pipelines and associated facilities, and in emergency response procedures. These operators will also have the ability to monitor the operation of the pipeline system through a Supervisory Control and Data Acquisition ("SCADA") system. Through the SCADA system, operators will be able to see key parameters associated with the operation of the respective pipelines, including pressure, temperature, and flow rate. In the event that these parameters, or other critically identified criteria fall outside of pre -determined normal operating allowances, the SCADA system will raise warnings of potential operational upsets or pending emergency conditions, providing the operator with time to make corrections, if possible, to the system operation in order to clear the warning. In the event that the specified parameters, or critically identified criteria reach pre -determined set points within the system operation, the SCADA system will alarm. Upon notification of an emergency, either through the public emergency call number, SCADA system, operator inspection and training, or other originating source, Discovery will have the ability to isolate the respective pipelines by closing remotely operated valves at either end of the pipeline or, on the natural gas trunk line, at the three (3) remote valves located along the line to isolate any potential fuel source and mitigate propagation of the emergency situation. In addition, Discovery operations personnel will have the ability to locally evacuate the natural gas pipeline via blowdowns located at each end of the line and at each respective remote valve site. Depending upon the nature of the emergency, local emergency responders would be notified, and Discovery would implement their internal safety response procedures, including dispatching trained personnel to the site of the emergency. F. Section 23-2-530.F —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 2016-3458 PL2448 SPECIAL REVIEW PERMIT (USR16-0028) - DISCOVERY DJ SERVICES, LLC PAGE 5 alternatives would likely result in additional safety impacts due to the proximity of the four municipalities and other development in the area. G. Section 23-2-530.G — The nature and location or expansion of the pipeline will not unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife species, unique natural resource, known historic landmark or archaeological site within the affected area. A site assessment of the vegetation, wildlife, wetlands, and special status species has been prepared, along with a Class I cultural study of the proposed pipeline route. Colorado Parks and Wildlife and History Colorado did not return a referral response indicating a conflict with their interests. H. Section 23-2-530.H — There will be 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 which 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 the health, safety, and welfare of the inhabitants of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Discovery DJ Services, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR16-0028, for a Pipeline (16 -inch diameter natural gas pipeline) in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted subject to the following conditions: 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. 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. C. A copy of the signed CDOT crossing agreement/easements shall be submitted to the Department of Planning Services. 2016-3458 PL2448 SPECIAL REVIEW PERMIT (USR16-0028) - DISCOVERY DJ SERVICES, LLC PAGE 6 D. A copy of the signed Burlington Northern Santa Fe crossing agreements/ easements shall be submitted to the Department of Planning Services. E. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR16-0028. 2) The attached Development Standards. 3) The map shall be prepared in accordance with Section 23-2-520 of the Weld County Code. 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. 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 buildout. 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. 6) County Roads 2 and 8 are designated on the Weld County Road Classification Plan as collector roads, which require 80 feet of right-of-way at full buildout. 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. 7) County Roads 33, 35 and 37 are designated on the Weld County Road Classification Plan as section line roads 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 "CRs 33, 35, and 37, Section Line Right -of -Way, not County maintained". 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. 2016-3458 PL2448 SPECIAL REVIEW PERMIT (USR16-0028) - DISCOVERY DJ SERVICES, LLC PAGE 7 11) Show the approved access(es) on the map and label with the approved Access Permit number (will be provided). 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. 13) Show and label all recorded easements on the map by book and page number or reception number and date on the plan. 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. 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. 4. The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj) with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN StatePlane Colorado North FIPS 0501 (US Feet), etc.). This digital file may be sent to maps@co.weld.co.us. 5. Prior to Construction: A. If more than one (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. 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. 2016-3458 PL2448 SPECIAL REVIEW PERMIT (USR16-0028) - DISCOVERY DJ SERVICES, LLC PAGE 8 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of December, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dititiov ..l�to•eA. Weld County Clerk to the Board BY: Pe. Deputy Clerk to the Board APP ED ounty Attorney Steve Moreno Date of signature: ©t (051 11 Mike Freeman, Chair Sean P. Conway, Pro -T ift0.•(/-4ec ; ie A. Cozad • 7. arbaraKirkmeyer 2016-3458 PL2448 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS DISCOVERY DJ SERVICES, LLC USR16-0028 1. The Site Specific Development Plan and Use by Special Review Permit, USR16-0028, is for a greater than 12 -inch high pressure natural gas pipeline approximately eleven and one-half (11.5) miles long commencing at the Discovery DJ Services, LLC, Gas Plant (USR16-0031) connecting into the Central Delivery Point located approximately three (3) miles south of Brighton, Colorado, in Adams County, in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 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. 4. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 5. The access to the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. 6. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 7. The historical flow patterns and runoff amounts on the site will be maintained. 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. 9. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 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. 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, Section 30-20-100.5, C.R.S. 2016-3458 PL2448 DEVELOPMENT STANDARDS (USR16-0028) - DISCOVERY DJ SERVICES, LLC PAGE 2 11. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article I, of the Weld County Code. 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. 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 of the Colorado Department of Public Health and Environment, as applicable. 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. 15. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 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 2016-3458 PL2448 DEVELOPMENT STANDARDS (USR16-0028) - DISCOVERY DJ SERVICES, LLC PAGE 3 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. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld County Code, shall be placed on the map and recognized at all times. 2016-3458 PL2448 Hello