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HomeMy WebLinkAboutArticle 09 PC Review Draft REDLINE  ULUR 2008      GARFIELD COUNTY, COLORADO  Article 9: Pipelines  PLANNING COMMISSION REVIEW DRAFT      MARCH 13, 2013 REDLINE     Article 9 Pipelines Table of Contents 9-101. PURPOSE. 1 A. Administrative Review Procedure. 1 B. Development Plan Review. 1 C. Intention. 1 9-102. APPLICABILITY. 1 9-103. SUBMITTAL REQUIREMENTS. 1 A. Forms and Fees. 1 B. Vicinity Map. 1 C. Project Overview. 1 D. Property Ownership and Authority to File Application. 2 E. Adjacent Properties. 2 F. Regulatory Permit Requirements. 2 G. Primary Project Participants. 2 H. Project Facilities. 3 I. Construction Schedule. 3 J. Sensitive Area Survey. 3 K. Revegetation Plan. 3 L. Weed Management Plan. 3 M. Emergency Response Plan. 3 N. Traffic Impact. 4 O. Staging Areas. 4 P. Pressure Testing. 4 9-104. REVIEW PROCESS. 4 A. Referral Comments. 4 B. Property Owner Notification. 4 C. Determination by the Director. 4 D. Permit Issuance. 5 E. Effect of Approval. 5 9-105. REVIEW CRITERIA. 5 A. Located Along Perimeters. 5 B. Noise Abatement. 5 C. Visual Impact. 5 D. Access Points to Public Roads. 5 E. Air Contaminant Emissions. 6 F. Water Quality Control Standards. 6 G. Reclamation Plan. 6 H. Removal of Abandoned Pipeline. 6 9-106. APPLICANT’S RIGHT OF APPEAL OF CONDITIONAL APPROVAL. 6 A. Filing an Appeal. 6 B. BOCC Review. 6 C. Public Hearing. 6 9-107. BOCC CALL-UP. 6 9-108. ENFORCEMENT AND CERTIFICATION. 6 A. Enforcement. 6 B. Certification of Completion. 7 9-110 AMENDMENTS TO A DEVELOPMENT PLAN. 7 ARTICLE 9: PIPELINES 9-101. PURPOSE. A. Administrative Review Procedure. This pipeline Development Plan (“Development Plan”) Review is an Administrative Review procedure for right-of-way considered likely to impact surrounding land uses and infrastructure needs and demands. B. Development Plan Review. Development Plan Review should occur before a full set of working drawings has been completed for submission as part of an application for a building permit. As part of the review procedure, the Applicant may be required to submit a Development Plan indicating siting and layout, buffering, landscaping, access, lighting, and other specific data. C. Intention. The Development Plan Review is not intended to mandate aesthetics of design. APPLICABILI TY. An application for a pipeline, associated access and any other land use, A Development Plan permit, or associated access or other land use permit, must be submitted for the site or area of any pipeline(s) proposed to be located in whole or in part inwithin unincorporated Garfield County, excluding those on public or municipal lands, that is greater than 12 inches in diameter and over 2 miles in length or 2 cumulative miles in length if separated by municipal or public lands, or any pipeline of any diameter that is more than 5 miles in length or 5 cumulative miles in length if separated by municipal or public lands. An approved Land Use Change PermitDevelopment Plan approval is required prior to the issuance of any County permit with pipeline operations. However, pipeline operations that do not require a building or other associated County permit must still obtain a Land Use Change PermitDevelopment Plan approval per this Code. SUBMITTAL REQUIREMENTS. The following information must be submitted with a Development Plan application: General Application Materials. Forms and Fees. General Application Materials as listed in Section 4-203.B. shall be submitted. The application for Development Plan Review shall be made on application forms available at the Planning Department. Such forms shall have all spaces completed, designate all agents, exhibit all owner or operator signatures, and be accompanied by required fees and all materials required within this Code. Vicinity Map. A Vicinity Map indicating the section, township, and range of the site and its relation to surrounding public roads and municipal boundaries. Project Overview. A description of the project including the length of the pipeline, diameter of the pipeline, pipeline commodity, and the general description of the pipeline and pipeline route. Property Ownership and Authority to File Application. Identity of owner of the parcel. This can be provided as a map or Plat showing the parcel with the pipeline easement crossing the parcel. Evidence of authority of Applicant to file the application. Direct letter of authorization signed by the property owner authorizing Applicant to file the application, and recorded Statement of Authority for the property owner if the property owner is an entity; or Deed, easement, surface use agreement, or BLM right-of-way shall provide: Memorandum of the applicable instrument that has been recorded in the County (rather than the actual instrument) is acceptable to show evidence of authority if it recites that the instrument relates to the location of a pipeline and provides information showing the location of the pipeline; or The actual deed, easement, surface use agreement, or BLM right-of-way. The Applicant may file a redacted document. For cases in which the evidence of authority (i.e., deed, easement, surface use agreement, or BLM right-of-way) contains conditions, the Applicant shall provide a statement that it will comply with the terms and conditions of the applicable instrument. If the property owner of the parcel over which the pipeline is an entity, recorded Statement of Authority or a recorded power of attorney. The Applicant may sign the County’s payment agreement form as the authorized representative. The Applicant should submit all applicable BLM rights-of-way with the application, but the BLM access agreement may be provided at a later date. Adjacent Properties. For individual right-of-way, a diagram showing adjacent properties and the approximate location of buildings and their uses within a distance of 350 feet of any proposed structure, facility, or area to be disturbed. For an area plan, the map showing the property boundaries and ownership information for all private and public property included in the Development Area. Need for Proposed Action. Include a statement of the reason for the pipeline. Regulatory Permit Requirements. Include a table indicate sing the permit agency name, permit/action driving task, and the task to be performed to obtain the permit, prior to issuance of the permit by the County. Primary Project Participants. Include the names, address, and phone numbers of the company representative; company and individual acting as an agent for the company; construction company contacts; and Federal and State agency contacts. Project Facilities. Identify any permanent project facilities such as permanent right-of-way, widths, meter stations, valve sets, etc. Also indicate any temporary right-of-way, width during construction, construction facilities, etc. Construction Schedule. Indicate the estimated start and end dates for construction, days of the week in which construction will occur, and hours of day during which construction will occur. Sensitive Area Survey. List the types and areas of concern within and adjacent to the pipeline right-of-way, such as: sensitive plant populations; identified cultural, archeological, and paleontological resources; and Wetlands identified during pre-construction environmental surveys. This submittal requirement does not apply in previously-disturbed corridors or rights-of-way and/or areas permitted by the COGCC. Revegetation Plan. A revegetation plan shall include the following information. A plant material list that includes scientific and common names and the application rate in terms of pure live seed per acre. A planting schedule that includes timing, methods, and mulching. A revegetation security may be required if, in the determination of the County Vegetation Management, the proposed project has: A potential to facilitate the spread of noxious weeds; A potential to impact watershed areas; A potential for visual impacts from public viewing corridors; Steep Slopes 15% or greater or unstable areas; and/or Disturbs an area ½ acre or greater. The revegetation security will be in an amount to be determined by the County Vegetation Management that will be site specific and based on the amount of disturbance. The security shall be held by Garfield County until vegetation has been successfully reestablished, or for a period of time approved by the County Vegetation Management in any specific land use action, according to the Reclamation and Revegetation Standards section in the Garfield County Weed Management Plan. The County Vegetation Management will evaluate the reclamation and revegetation prior to the release of the security. The security shall be subject to all provision of Article 13. Weed Management Plan. Include a weed management plan for all Garfield County listed noxious weeds and State of Colorado listed noxious weeds that are targeted for statewide eradication. Emergency Response Plan. Include a fire protection and hazardous materials spills plan, which specifies planned actions for possible emergency events, a listing of persons to be notified of an emergency event, proposed signage, and provisions for access by emergency response teams. The emergency plan must be acceptable to the appropriate fire district or the County Sheriff, as appropriate. The plan shall include a provision for the Operator to reimburse the appropriate emergency service provider for Costs incurred in connection with emergency response for the Operator’s activities at the site. Traffic Impact. For construction traffic on County roads, indicate the anticipated types of vehicles, number of each type, anticipated number of trips per day per each type, County roads to be used, and percentage of the construction traffic that will travel on each listed County road. Staging Areas. Indicate the general location of the staging areas required for pipeline construction. PressureHydro Testing Water. Indicate the quantity of water or other fluid required, legal source of water if utilized, and the disposition of the water or other fluid after testing. REVIEW PROCESS. Upon the filing of a complete application for Development Plan Review, the Director shall promptly forward 1 copy to the County Road and Bridge, Oil and Gas Liaison, Vegetation Management, and Engineering Departments, the appropriate fire district or County Sheriff, and any adjacent municipality for comment. A Pipeline Application shall be reviewed according to the following process: Pre-Application Conference. A Pre-Application Conference shall be conducted pursuant ot Section 4-101.A. A Pre-Application Conference may be waived by the Director. Determination of Application Completeness Review. Determination of Application Completeness Review shall be conducted pursuant to Section 4-101. B. Once the application is deemed technically complete, the Director will send a letter to the Applicant that indicates: The number of copies to be delivered to the County; The date upon which the Director will render a decision; and The notice that the Applicant is required to mail to the Adjacent Property Owners. Review by Referral Agency. Review by Referral Agency shall be conducted pursuant to Section 4-101. C. with the following modifications: Upon the filing of a complete application for Development Plan Review, the Director shall promptly forward 1 copy to the County Road and Bridge, Oil and Gas Liaison, Vegetation Management, and Engineering Departments, the appropriate fire district or County Sheriff, and any adjacent municipality for comment Evaluation by Director/Staff Review. Evaluation by Director/Staff Review shall be conducted pursuant to Section 4-101.D. Notice of Public Hearing. Referral Comments. Referral comments on the proposed Development Plan shall be returned to the Director no later than 21 days from the date an application has been determined complete. Property Owner Notification. The Applicant shall provide notification by Certified mailnotify to allthe property owners within 200 feet of the route and. Aa sign shall will be posted on the portions of the route crossing or adjacent to a public road within 7 days after receiving the application has been determined complete. Both the notice and the sign shall indicate that an application has been made and provide the phone number of the Community Development Planning Department where information regarding the application may be obtained. Decision. Determination by the Director. Within 30 days of the date of determination of Ccompleteness for an individual Development Plan or within 60 days of determination of completeness for an area Development Plan, the Director shall approve, approve with conditions, or deny the Development Plan application. For a Development Plan application submitted by a public utility or power authority, failure by the Director to make a determination on the application within the timelines set forth in C.R.S. § 29-20-108, as amended, shall result in the application being considered approved and the County may process Applicant’s building, access, or other permits, provided the Applicant builds the pipeline in compliance with the application. If the application satisfies all of the applicable requirements, the application shall be approved. The application may be approved with conditions determined necessary for compliance with applicable requirements including, but not limited to, the relocation or modification of proposed access roads, facilities, or structures; landscaping, buffering, or screening; posting of adequate financial guarantees; compliance with specified surface reclamation measures; or any other measures necessary to mitigate any significant impact on surrounding properties and public infrastructure. If the application fails to satisfy all of the applicable requirements, the application shall be denied.Approve the Application; or If the application satisfies all of the applicable requirements of this Code, the application shall be approved. The application may be approved with conditions determined necessary for compliance with applicable requirements and may include, but are not limited to the relocation or modification of proposed access roads, facilities, or structures; landscaping, buffering, or screening; posting of adequate financial guarantees; compliance with specified surface reclamation measures; or any other measures necessary to mitigate any significant impact on surrounding properties and public infrastructure. For a pipelineDevelopment Plan application submitted by a public utility or power authority, failure by the Director to make a determination on the application within the timelines set forth in C.R.S. § 29-20-108, as amended, shall result in the application being considered approved and the County may process Applicant’s building, access, or other permits, provided the Applicant builds the pipeline in compliance with the application. Deny the Application. If the application fails to satisfy any 1 of the applicable requirements, and compliance cannot be achieved through conditions of approval, the application shall be denied The Director shall inform the Applicant and the BOCC of the approval, conditions of approval, basis for denial, or decision to refer the application to the BOCC for review and final decision, in writing within 5 business days of the date of decision. Applicant’s Right of Appeal of Conditional Approval. Filing an Appeal. In the event that the Director conditionally approves a Development Planpipeline application, the Applicant shall be entitled to appeal the approval to the BOCC. The Applicant must file an appeal for this purpose with the Director in writing no later than 7 days after the date of the Director’s Decision.determination . If the Decisiondetermination is mailed to the Applicant, 3 additional days for mailing shall be added to the time for filing an appeal. BOCC Review. The BOCC shall review the Director’s determination at a public hearing held as soon as practical after the date of the Decision.determination. Prior written notice of this hearing shall be provided to the Applicant and to all property owners as identified in Section 9-103.D.1., and shall be published by putting the hearing on the BOCC agenda. Public Hearing. At the public hearing the BOCC shall consider evidence related to the Director’s determination, which may be presented by County staff, the Applicant, or interested members of the public. The BOCC shall not be limited in their review to the subject of the appeal, and may review any aspect of the Development Plan application. Based upon this evidence, the BOCC may affirm the Director’s Decisiondetermination, or may approve the applicationDevelopment Plan with modified, altered, deleted, or added conditions. No County building, grading, access, or other permit shall be issued, or the Applicant otherwise allowed to proceed with the operation, until the BOCC acts on the Director’s determination at the public hearing. Permit Issuance. The Director shall issue a determination on the Land Use Change Permit Development Plan to the Applicant and provide a copy to the BOCC. The determination shall not be final and no permit shall be issued for 14 days after the date of the Director’s Decision.determination. This time period allows time for the Applicant to appeal or for the BOCC to call-up the determination for further review pursuant to Sections 9-106 and 9-107. Effect of Approval. After approval of a Land Use Change Permit Development Plan for a pipeline and completion of the 14-day waiting period, the Applicant shall be entitled to have processed any necessary building, grading, or access permits, or to otherwise proceed with the proposed operation. Upon completion of any pipeline, the Applicant shall submit a statement from a licensed Professional Engineer in the State of Colorado certifying the completion of the project and that is was constructed per the approved Land Use Change Permit.Development Plan. A digital copy of the surveyed pipeline as-built will be provided to the Community Development Planning Department. Call-Up Upon receiving the Director’s determination, and nNo later than 10 days after the date of the approval, the BOCC may call-up the Director’s Decisiondetermination pursuant to Section 4-111 of this Code. Amendments. Amendments to approved Pipeline Land Use Change Permits shall follow the provisions of Section 4-106. REVIEW CRITERIA. A Development Plan shall be approved, conditionally approved, or denied in accordance with the following standards and criteria: Located Along Perimeters. As a general guide, right-of-way and any associated facilities shall be located along the perimeters of surface property ownerships and not within areas of agricultural crop production. Nonperimeter locations will be acceptable if the surface owner agrees and there is no adverse impact on adjacent properties. Noise Abatement. Any equipment used in construction or operation of a pipeline must comply with either the COGCC Rules and Regulations, Section 802, Noise Abatement or C.R.S. .Article 12 of Title 25, as amended, as appropriate for the type of pipeline. For any pipeline construction or operational facility that will have a substantial impact on adjacent areas, 1 or more of the following additional noise mitigation measures may be required: Acoustica lly-insulated housing or covers enclosing any motor or engine; Screening of the site or noise emitting equipment by fence or landscaping; A noise management plan specifying the hours of maximum noise and the type, frequency, and level of noise to be emitted; and Any other noise mitigation measures required by the COGCC. All power sources used in pipeline operations shall have electric motors or muffled internal combustion engines. Visual Impact. Pipeline operations shall be located in a manner to minimize their visual impact and disturbance of the land surface. The location of right-of-way shall be away from prominent natural features and identified environmental resources. Right-of-way shall be located to avoid crossing hills and ridges, and wherever possible, shall be located at the base of Slopes. Facilities shall be painted in a uniform, noncontrasting, nonreflective color to blend with the adjacent landscape. Right-of-way shall be located in existing disturbed areas unless safety or visual concerns or other adverse surface impacts clearly dictate otherwise. Access Points to Public Roads. Access points to public roads shall be reviewed by the County Road and Bridge Department and shall be built and maintained in accordance with the County road specifications. All access and oversize or overweight vehicle permits must be obtained from the County Road and Bridge Department prior to beginning operation. All proposed transportation rights-of-way to the site shall also be reviewed and approved by the County Road and Bridge Department to minimize traffic hazards and adverse impacts on public roadways. Existing roads shall be used to minimize land disturbance unless traffic safety, visual or noise concerns, or other adverse surface impacts clearly dictate otherwise. Any new roads created as a result of the pipeline construction, intended to be permanent for maintenance and repair operations, shall be placed behind a locked gate or other barriers, preventing use by Recreational Vehicles. Any gates or barriers need to be consistent with the surface owner’s preferences. Threatened and Endangered Species. In no case shall an Operator engage in activities that threaten an endangered species. Air Contaminant Emissions. Air contaminant emissions shall be in compliance with the applicable permit and control provisions of the Colorado Air Quality Control Program, C.R.S., Title 25, Resolution 7, as amended. Water Quality Control Standards. All operations shall comply with all applicable CDPHE, Water Quality Control standards. Waste Disposal or Treatment Facilities. Any proposed waste disposal or treatment facilities shall comply with all requirements of the County ISDS regulations. Reclamation Plan. The proposed reclamation plan shall provide for a reasonable reclamation schedule in light of the specific surface use and surrounding land uses, and may require recontouring and revegetation of the surface to pre-disturbance conditions. The Director may also approve a plan for an alternative post-disturbance reclamation, provided the surface owner and the Applicant agree. and the plan is in harmony with the surrounding land uses. Removal of Abandoned Pipeline. Should an abandoned pipeline be removed, it will be subject to the original revegetation and weed management requirements in the original application. APPLICANT’S RIGHT OF APPEAL OF CONDITIONAL APPROVAL. Filing an Appeal. In the event that the Director conditionally approves a Development Plan application, the Applicant shall be entitled to appeal the approval to the BOCC. The Applicant must file an appeal for this purpose with the Director in writing no later than 7 days after the date of the Director’s determination. If the determination is mailed to the Applicant, 3 additional days for mailing shall be added to the time for filing an appeal. BOCC Review. The BOCC shall review the Director’s determination at a public hearing held as soon as practical after the date of the determination. Prior written notice of this hearing shall be provided to the Applicant and to all property owners as identified in Section 9-103.D.1., and shall be published by putting the hearing on the BOCC agenda. Public Hearing. At the public hearing the BOCC shall consider evidence related to the Director’s determination, which may be presented by County staff, the Applicant, or interested members of the public. The BOCC shall not be limited in their review to the subject of the appeal, and may review any aspect of the Development Plan application. Based upon this evidence, the BOCC may affirm the Director’s determination, or may approve the Development Plan with modified, altered, deleted, or added conditions. No County building, grading, access, or other permit shall be issued, or the Applicant otherwise allowed to proceed with the operation, until the BOCC acts on the Director’s determination at the public hearing. BOCC CALL-UP. Upon receiving the Director’s determination, and no later than 10 days after the date of the approval, the BOCC may call-up the Director’s determination pursuant to Section 4-111 of this Code. NSPECTION ENFORCEMENT AND CERTIFICATION. Inspection. The Applicant shall provide the telephone number of a contact person who may be reached 24 hours a day for purposes of being notified of any proposed County inspection under this Section. Any site under an approved Development Plan may be inspected by the County at any time to ensure compliance with the requirements of the approved Development Plan, provided that 1-hour’s prior notice is given to the contact person at the telephone number supplied by the Applicant. Calling the number (or leaving a message on an available answering machine or voice mail service at the number) at least 1 hour in advance of the proposed inspection shall constitute sufficient prior notice if the contact person does not answer. The approved Development Plan shall be considered to grant the Applicant’s implied consent to such inspections and right of entry by County representatives. Enforcement. Enforcement , and Vviolations and appeals shall be subject to all provisions of Article 12. Certification of Completion. Upon completion of any pipeline, the Applicant shall submit a statement from a licensed Professional Engineer in the State of Colorado certifying the completion of the project and that is was constructed per the approved Development Plan. A digital copy of the surveyed pipeline as-built will be provided to the Planning Department. SECTION 9-109. VIOLATION. Financial Guarantee. In addition to any other remedy authorized under this Code to enforce the provisions of this Article, the Director shall be entitled to draw on any financial guarantee provided by an Applicant pursuant to this Code if the Applicant violates any term or condition of an approved Development Plan. If the Director has reason to believe that a violation of an approved Development Plan for which a financial guarantee has been provided has occurred, the Director shall provide written notice to the Applicant describing the violation and stating a reasonable time within which the violation must be corrected. If, within that time period, the Applicant has not either corrected the violation or filed a written appeal with the BOCC, the Director shall be entitled to enter upon the site to take any reasonable measures to correct the violation, and may draw on the financial guarantee to cover the costs of corrective measures. Timely Appeal. If the Applicant files a timely appeal of the notice of violation with the BOCC, the BOCC shall schedule a hearing on the appeal at the soonest possible time. The Director shall provide the Applicant reasonable private notice. Inclusion of the hearing on the BOCC’s agenda shall operate as notice to the public. If the BOCC confirms at the hearing that the violation has occurred and has not been corrected, the BOCC in its discretion may give the Applicant additional time to correct the violation, or may specify the time at which the Director may take appropriate action to have the violation corrected and draw on the financial guarantee to cover the costs of corrective measures. Release of Financial Guarantee. To insure the Director’s ability to enforce the provisions of any approved Development Plan, the Director shall not release any financial guarantee provided under this Article for a Development Plan until the Director confirms that all operations have been completed and that all provisions of the Development Plan are in compliance with the Code. The Director shall not release any blanket bond or other blanket financial guarantee provided under this Article unless the Director is satisfied that the person providing the bond has adequately declared its intention to conduct no further oil and gas operations in the County in the foreseeable future. The Director shall also be empowered to release a financial guarantee if a successor to an Operator provides satisfactory guarantees in accordance with the Code. AMENDMENTS TO A DEVELOPMENT PLAN. Approval of a Development Plan shall constitute a Land Use Change Permit. Amendments to approved Land Use Change Permits shall follow the provisions of Section 4-106.