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HomeMy WebLinkAbout2.0 Staff Report BOCC 5.07.12Exhibits -Limited Impact Review -Clough Sheep Company, LLC (LiPA 7064) SOCC Public Hearing (05/07/12) Exhibit Exhibit , Letter .(Atol) A Proof of Publication, Posting, and Mailings B Garfield County Unified Land Use Resolution of 2008, as amended C Garfield County Comprehensive Plan of 2030 D Application E Staff Memorandum F St<;lff Powerpoint G Email from Garfield County Vegetation Manager, dated April 13, 2012 H Email from Garfield County Environmental Health, dated April 10, 2012 I Email from Colorado Department of Transportation, dated April 9, 2012 J Email from Rifle Fire Protection District, dated April 17, 2012 K Letter from Consulting Engineer, Mountain Cross Engineering Inc" dated April 12, 2012 L Email from Xcel Energy, dated April 20, 2012 M Email from Garfield County Regional Airport Director, dated April 23, 2012 N Email from the City of Rifle, dated April 26, 2012 0 L.e:H-e.v -h1<;W. Ot<.<,01'1 t AS Soc. ILks A A*-'. (1 i-\~ L . Ul \ 2-P \tu 1I ,-\-u l c. " k j? I '" '" A -+-0,\ A, ' vl l 7 J W I L \ I I \ I SOCC 5/7/2012 MOL PROJECT INFORMATION AND STAFF COMMENTS REQUEST: PROPERTY OWNER: OPERATOR: REPRESENTATIVE: PARCEL ID PROPERTY SIZE/SITE AREA LOCATION: ACCESS: ZONING: COMPREHENSIVE PLAN: I. GENERAL PROJECT DESCRIPTION Limited Impact Review -Communication Facility Clough Sheep Company, LLC Noble Energy, Inc. Loren Prescott, Olsson Associates, Inc. 2175-221-00-140 131.76 acresl 2,500 square feet Approximately 1.4 miles southwest of the City of Rifle, SE1/4 NE1/4, Section 22, Township 6 South, Range 94 West Existing and proposed road off of State Highway 6 &24 Rural Residential Medium High (2 to <6 AC/DU) Noble Energy, Inc. (Noble) proposes to construct an approximately 69 foot tall telecommunication tower on 131.76 acre property owned by Clough Sheep Company, LLC. The subject site is 50' x 50' in size and shall contain a communication tower set on an 8' x 8' concrete pad and a communication cabinet all of which will be enclosed by a six foot chain link fence. Electricity will provide power to the facility and will be obtained from the Xcel Energy overhead transmission line south of the facility. The site is accessed from State Highway 6 & 24 (SH 6 & 24) by an existing road and a short segment of a new road. The new road will be gated where it diverts from the existing road to assist in keeping the public off the Applicant's property. The subject site will be unmanned. The life span for this communication facility will be 30 years. This tower will be part of a communication system that supports the radio network necessary for Noble's Supervisory Control and Date Acquisition (SCADA) system. Due to Nobles natural gas activities in the surrounding area, a tower is necessary to improve communication between operational activities and emergency responsiveness and to enhance coverage and rectify gaps in the radio signal coverage areas. The subject parcel is zoned Rural and the height for a non-residential structure within this district is 40 feet which this communication facility exceeds. However, as per Section 3-301 (L) Communication Facility of the Unified Land Use Resolution of 2008, as amended (ULUR). "Communication facilities may exceed the building height limitations provided they are approved by Limited or Major Impact Review Permit. (Reso. 2009-53)" ~-.-_ :'_,,,uP . . 1-· .. ,,,. .. :;z:.--"" -~,;:.--=-.... '"F.'~~ -_e.:._-~..n_,.:---:i--:-:-'''. ._....~ . .... .... II. LOCATION AND SITE DESCRIPTION The subject site is located off of SH 6 & 24. III. ZONING AND ADJACENT USES Clough Sheep Compa ny, LLC Communica tion Facility 5/7/12 BOCC MOL NOBLE WEST RIFLE COMMUNlCA1TONTOWER SlIE PLAN U ll in/I f , Sf;C'I1OII' lI2, fA,.tifW _! r Site Plan Surrounding properties are zoned Rural and consist of vacant land, industrial uses, and oil and gas development. IV. REFERRAL AGENCIES Comments have been requested from the following agencies and comments received are integrated throughout this report as applicable. Garfield County Road and Bridge Department: No comments received. Garfield County Vegetation Management (Exhibit G): This department found the report on noxious weeds and Reclamation Plan acceptable. Garfield County Environmental Health Manager (Exhibit H): This department has no comments on this application. Colorado Department of Transportation (Exhibit I): This department indicates that an access permit will be required. 2 Clough Sheep Company, LLC Communication Facility 5/7/12 BOCC MOL Rifle Fire Protection District (Exhibit J): This agency has no issues on this application. I j Mountain Cross Engineering, Inc. (Consulting Engineer -Exhibit K): This consultant indicates that the CDPES Stormwater Discharge Permit will expire on June 30, 2012. Xcel Energy (Exhibit l): No comments received. Garfield County Regional Airport Director (Exhibit M): This department has no objections to the proposed communication tower. City of Rifle (Exhibit N): Comments received regarding the Applicant allowing other telecommunication companies co-locate on their tower. Colorado Parks and Wildlife: No comments received. V. REVIEW STANDARDS & STAFF COMMENTS Limited Impact Reviews are required to adequately address topics in Section 4-502(D) Land Suitability Analysis, Section 4-502(E) Impact Analysis, the general development standards found in Article VII with specific attention to Section 7-823 which are additional standards applicable to Telecommunication Facilities as codified in the Garfield County Unified Land Use Resolution of 2008, as amended (ULUR). The following section provides a review of those standards in bold italics followed by a Staff Response. A. Section 4-502(0) Land Suitability Analysis 1. Public Access to Site. Show historic public access to or through the site. Staff Response: The site is accessed from SH 6 & 24. 2. Access to adjoining Roadways. Identify access to adjoining roads and site distance and intersection constraints. Staff Response: The site is accessed from SH 6 & 24 and from an existing and proposed road. 3. Easements. Show aI/easements defining, limiting or aI/owing use types and access. Staff Response: No easements are not shown on the Site Plan or described in the narrative. The Applicant's representative states that there no easements that affect the subject site. 4. Topography and Slope. Topography and slope determination. Staff Response: The subject site is relatively flat with slopes to the south at a 0 to 2 percent grade. 5. Natural Features. Significant natural features on-site and off-site. Staff Response: No significant natural features are on-site. The Colorado River lies 0.17 miles to the south of the subject site. 6. Drainage Features. Existing drainages and impoundments, natural and manmade. Staff Response: As per Garfield County's ArcGIS mapping, the Hallett Ditch is located west and south of the subject site. No drainage features or ditches affect the site. 3 Clough Sheep Company, LLC Communication Facility 5/7/12 BOCC MOL 7. Water. Historic irrigation, tailwater issues, water demands, adequate water supply plan pursuant to Section 7-104. , Staff Response: The proposed facility is unmanned therefore provision of water is not applicable. 8. Floodplain. Flood plain and flood fringe delineations. Staff Response: As per Garfield County's ArcGIS mapping, the site is not located within a floodplain. 9. Soils. Soils determination, percolation constraints, as applicable. Staff Response: Natural Resource Conservation Commission (NCRS) identifies the subject site as having Arvada loam, 1 to 6 percent slopes. This soil is well drained, low corrosion of concrete, high in corrosion of steel, and well suited for mechanical site preparation characteristics. 10. Hazards. Geologic hazards on-site, and adjacent to site. Staff Response: As per the Garfield County's ArcGIS mapping, no geologic hazards are identified on the subject site or property. 11. Natural Habitat. Existing flora and fauna habitat, wetlands, migration routes. Staff Comment: WestWater Engineering, Inc. prepared a Wildlife Sensitive Areas Report dated November 2011. This report states that the existing vegetation within the subject site consists predominately of annual weedy grass species and rabbitbrush. Grasses, rabbitbrush, and greasewood are also scattered around the proposed tower site. No wetlands or drainages are located on the subject site. No migration corridors will be affected by this proposed facility. 12. Resource Areas. Protected or Registered Archaeological, cultural, paleontological and historic resource areas. Staff Comment: A Class I Cultural Resource Study prepared by Flattops Archaeological Consultants dated November 17, 2011 indicates that "findings of no historic properties are affected' on the subject site. Section 4-502/E\ Impact Analysis. The Impact Analysis shall provide a description of the impacts that the proposed land use change may cause, based upon the standards that the proposed use must satisfy. The Impact Analysis shall include a complete description of how the applicant will ensure that impacts will be mitigated and standards will be satisfied. The following information shall be included in the Impact AnalysiS. 1. Adjacent Property. An address list of real property adjacent to the subject property, and the mailing address for each of the property owners. Staff Comment: A list was provided of adjacent property owners along with mailing addresses for each. 2. Adjacent Land Use. Existing use of adjacent property and neighboring properties within 1500' radius. Staff Comment: The existing land uses of properties within 1,500 feet of the subject parcel include vacant land, natural gas extraction, and industrial. 4 Clough Sheep Company, LLC Communication Facility 5/7/12 BOCC MOL 3. Site Features. A description of site features such as streams, areas subject to flooding, lakes, high ground water areas, topography, vegetative cover, climatology, and other features that may aid in the evaluation of the proposed development. Staff Comment: The subject site is north of the Colorado River in an area that has experienced industrial development activity. The terrain is mostly flat and generally slopes toward the river with an elevation of approximately 5,183 feet above sea level. The site is will have minimal impact to existing vegetation and water resources. 4. Soil Characteristics. A description of soil characteristics of the site which have a significant influence on the proposed use of the land. Staff Comment: This is addressed under Section 4-502(0) Land Suitability Analysis, 9. 5. Geology and Hazard. A description of the geologic characteristics of the area including any potential natural or man-made hazards, and a determination of what effect such factors would have on the proposed use of the land. Staff Comment: No geological hazards have been identified. 6. Effect on Existing Water Supply and Adequacy of Supply. Evaluation of the effect of the proposed land use on the capacity of the source of water supply to meet existing and future domestic and agricultural requirements and meeting the adequate water supply requirements of Section 7-104. Staff Comment: The site is unmanned therefore provision of water is not applicable. 7. Effect on Groundwater and Aquifer Recharge Areas. Evaluation of the relationship of the subject parcel to floodplains, the nature of soils and subsoils and their ability to adequately support waste disposal, the slope of the land, the effect of sewage effluents, and the pollution of surface runoff, stream flow and groundwater. Staff Comment: The limited area of disturbance will not adversely impact any of the above criteria. No water or wastewater systems are proposed for this facility. 8. Environmental Effects. Determination of the existing environmental conditions on the parcel to be developed and the effects of development on those conditions, including: a. Determination of the long term and short term effect on flora and fauna. Staff Comment: An approximately 375 foot long road and 2,500 square foot site are proposed for this facility. Given the limited construction activity and small footprint of the proposed tower, there will be minimal impacts to the natural habitat. There are no threatened, endangered, and sensitive plant species and no federally and state listed animal species within the project area. The proposed communication facility is not expected to significantly affect any critical wildlife habitat for any wildlife species. b. Determination of the effect on significant archaeological, cultural, paleontological, historic resources. Staff Comment: This is addressed under Section 4-502(0) Land Suitability Analysis, 12. c. Determination of the effect on designated environmental resources, including critical wildlife habitat. 5 Clough Sheep Company, LLC Communication Facility 5/7/12 BOCC MOL (1) Impacts on wildlife and domestic animals through creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions. Staff Comment: There are no significant impacts to flora or fauna and no mitigation corridors blocked by this proposed land use. d. Evaluation of any potential radiation hazard that may have been identified by the State or County Health Departments. Staff Comment: The Applicant indicates there is no radiation on-site. e. Spill Prevention Control and Counter Measures plan, if applicable. Staff Comment: Not applicable. 9. Traffic. Assessment of traffic impacts based upon a traffic study prepared in compliance with Section 4-502(J). Staff Comment: A temporary increase in traffic will occur during construction of the facility, a maximum of two trips per day for approximately two days. After construction, the proposed use will be accessed by a vehicle twice per month at a maximum. COOT requires this application obtain an access permit since no permit was obtained in the past for other land uses on the property. 10. Nuisance. Impacts on adjacent land from generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. Staff Comment: The site is located within the Uranium Mill Tailings Remediation Project Rifle Institutional Control Boundary area. The ground water is contaminated with uranium in this area and all development must connect to the City of Rifle water supply. Since this project doesn't propose water on-site this hazard isn't a concern. The proposed communication facility is not anticipated to cause nuisances that will impact adjacent lands. 11. Reclamation Plan. A reclamation plan consistent with the standards in Section 7-212. Staff Comment: The Garfield County Vegetation Manager finds the Reclamation Plan adequate. No revegetation security is recommended by the County's Vegetation Manager since the proposed land will disturb less than one half of an acre. B. Section 7·100 GENERAL APPROVAL STANDARDS FOR LAND USE CHANGE PERMITS 1. Section 7·101 Compliance with Zone District Use Restrictions Staff Comment: Communication Facilities are permitted by Limited Impact Review in the Rural Zone District. 2. Section 7·102 Compliance with Comprehensive Plan and Intergovernmental Agreements Staff Comment: The proposal is in general conformance with the Garfield County Comprehensive Plan 2030. 3. Section 7·103 Compatibility Staff Comment: A communication facility is a compatible use with the activities occurring in the general area. 6 Clough Sheep Company, LLC Communication Facility 5/7/12 BOCC MOL 4. Section 7·104 Sufficient Legal and Physical Source of Water Staff Comment: No water is proposed to be provided since the facility will be un· manned. 5. Section 7·105 Adequate Water Supply Staff Comment: Not applicable. 6. Section 7·106 Adequate Water Distribution and Wastewater Systems Staff Comment: Not applicable. 7. Section 7·107 Adequate Public Utilities Staff Comment: The site will be run by electricity obtained from the Xcel Energy overhead electric transmission line. A telephone line is proposed from the facility to an existing telephone pedestal north of the subject site within the subject parcel. The Applicant needs to show this line and its' easement on the Site Plan. 8. Section 7·108 Access and Roadways Staff Comment: Access is sufficient for the proposed use. The Applicant has access from SH 6 & 24 and an access easement to the subject site. 9. Section 7·109 No Significant Risk from Natural Hazards Staff Comment: No significant risk has been identified. C. Section 7·200 GENERAL RESOURCE PROTECTION STANDARDS FOR LAND USE CHANGE PERMITS 1. Section 7·201 Protection of Agricultural Lands Staff Comment: The Garfield County ArcGIS mapping does not show the subject site as Important Farmlands. 2. Section 7·202 Protection of Wildlife Habitat Areas Staff Comment: This is addressed under Section 4-502(E) Impact Analysis, 8. No comments were received by the Colorado Parks & Wildlife. 3. Section 7·203 Protection of Wetlands and Waterbodies Staff Comment: There are no wetlands on-site or in the immediate area. The only drainage feature is the Hallett Ditch which is located outside the subject site. 4. Section 7·204 Protection of Water Quality from Pollutants Staff Comment: No adverse impacts to water quality will result from this use. A Stormwater Management Plan prepared by L T Environmental, Inc. dated April 2010 contains Best Management Practices (BMP) that will be used to address erosion, sedimentation, and runoff. 5. Section 7·205 Erosion and Sedimentation Staff Comment: This is addressed under Section 7-204. 6. Section 7·206 Drainage & Section 7·207 Storm water Run·Off 7 Clough Sheep Company, LLC Communication Facility 5/7/12 BOCC MOL Staff Comment: The site is more than 100 feet away from a water body and the development will have less than 10,000 square feet of impervious surface. 7. Section 7-208 Air Quality Staff Comment: Minimal air quality impacts will result from the proposed use. The site will be required to meet Garfield County performance standards throughout the use of the facility. 8. Section 7-209 Areas Subject to Wildfire Hazards Staff Comment: The Garfield County Wildfire Hazard Map identifies this area as low wildlife hazard. 9. Section 7-210 Areas Subject to Natural Hazards and Geologic Hazards Staff Comment: This addressed under Section 4-502(E) Impact Analysis, 10. 10. Section 7-211 Areas with Archeological, Paleontological or Historical Importance Staff Comment: This is addressed under Section 4-502(D) Land Suitability Analysis, 12. 11. Section 7-212 Reclamation Staff Comment: This addressed under Section 4-502(E) Impact Analysis, 12. D. Section 7-823 ADDITIONAL STANDARDS -COMMUNICATION FACILITIES A. Shared Facilities. Shared use/co-location of wireless communication facilities on existing structures, towers or buildings in a manner that precludes the need for the construction of a freestanding structure of its own shall be utilized unless it can be demonstrated to the satisfaction of the Board of County Commissioners that shared use/co-Iocation is not feasible or practical. Staff Comment: Noble indicates that there are no existing towers, facilities, or utility structures located within the area that meets their required line-of-sight (LOS) transmission of radio signals. The location of the tower was selected to enhance coverage and rectify gaps in radio signals coverage areas. The Applicant is willing to facilitate a dialogue with other operators in co-location of their transmission facilities on this tower. B. New Towers and Facilities. No new transmission tower or facility shall be permitted unless the applicant demonstrates to the satisfaction of the County that no existing tower, structure or utility facility can be used by the applicant. To gain approval to construct a new transmission tower or facility, the applicant must demonstrate that: 1. No existing transmission tower, facility or utility structure is located within a distance which meets the applicant's engineering requirements; or 2. No existing transmission tower, facility or utility structure is located within a distance which meets the applicant's engineering requirements and which has sufficient structural strength or space available to support· the applicant's telecommunication facility and related equipment; or 3. The applicant's proposed telecommunication facility will not cause unreasonable electromagnetic or other interference with the antennas on existing towers, structures or utility structures or the antennas of existing transmission towers, 8 Clough Sheep Company, LLC Communication Facility 5/7/12 BOCC MOL facilities or utility structures or that such existing facilities would interfere with the applicant's uses such that co-location is not possible; or 4.. No owner of existing towers, structures or utility structures, within a distance that meets the applicant's engineering requirements, will allow the applicant to place its telecommunication facility thereon. Staff Comment (Items 1-4): The Applicant has adequately demonstrated compliance with these standards. C. Structural and Engineering Standards. The applicant shall submit evidence concerning structural and engineering standards prepared by a qualified professional engineer licensed by the State of Colorado. The safety of the property and the neighborhood shall be protected. Staff Comment: The Applicant has provided Structural Detail Sheets prepared by Randy's Tower Service and stamped by Chi S. Lee, a professional engineer registered in the State of Colorado. The engineer's stamp is dated September 2, 2008. D. Interference. Every transmission tower and telecommunication facility shall meet the regulations of the Federal Communications Commission (FCC) regarding physical and electromagnetic interference. Staff Comment: This will be regulated by the FCC. E. Health Standards. Transmission towers and telecommunication facilities shall meet applicable health and safety standards for electromagnetic field (EMF) emissions as established by the FCC and/or any other federal or state agency having jurisdiction. Staff Comment: This will be regulated by the FCC. F. Public Utility Structures. Transmission towers or telecommunication facilities mounted on existing structures of public utilities that have a franchise or other written permission from the County and use concealed transmission towers and telecommunication facilities are permitted in all non-residential zoning districts, unless otherwise specified by this Code. The County may approve the placement, extension or replacement of a transmission tower or telecommunication facility on an existing public utility structure up to fifty (50) feet above the highest paint on the same; the County may waive public notice and other submittal requirement if the Director believes that the public interest will not be harmed by such a waiver. Staff Comment: Not applicable. G. Design, Materials and Color. Transmission towers and telecommunication facilities shall be designed and maintained to minimize visual impact; carry gravity and wind loads required by law; and concealment or stealth methods, such as camouflaging transmission Towers to look like light poles or trees are encouraged. At a minimum, the transmission towers and facilities shall meet the following design standards: 1. Architecturally integrated with existing buildings, structures and landscaping, including height, color, style, massing, placement, design and shape. 9 Clough Sheep Company, LLC Communication Facility 5/7/12 BOCC MOL Staff Comment: The Applicant's representative indicates that the color of the tower and telecommunication building will be in neutral colors. 2. Located on existing vertical infrastructure such as utility poles and public building or utility structures. Staff Comment: Noble indicates that there are no structures or buildings found in the area that would be suitable. 3. Roof mounted antennas shall be located as far away as feasible from the edge of the building. Antennas attached to the building should be painted or otherwise treated to match the exterior of the building. Staff Comment: Not applicable. 4. Equipment shelters and antennas shall not extend more than ten (10) feet from the top of the building unless expressly approved by the County. Staff Comment: Not applicable. 5. Located in areas where the existing topography, vegetation, buildings or other structures provide screening. Staff Comment: The Applicant's representative indicates that the facility's color and deSign will blend with the landscape. H. Landscaping and Screening. The property on which a telecommunication facility or tower is located shall be landscaped and screened. in accordance with the following standards: 1. A free-standing transmission tower or telecommunication facility shall include landscaping planted and maintained according to a landscaping plan approved by the County. 2. A freestanding transmission tower or telecommunication facility shall be surrounded by a six (6) foot high wall or fence or other suitable buffer yard. Chain link with slats shall not constitute acceptable fencing nor shall it satisfy the screening requirement. Staff Comment: Noble will need to request a waiver for proposing not to landscape site. Staff agrees that landscaping the subject area is not necessary due to its' remote location. A six foot tall fence will be located around the communication facility. I. Lighting and Signage. Only lighting required by a federal agency is allowed. Only signage that is required by state or federal law is allowed. No advertising shall be permitted. Staff Comment: The Applicant will need to comply with the recommendations from the FAA. 10 Clough Sheep Company, LlC Communication Facility 5/7/12 BOCC MOL J. Free Standing Transmission Tower or Telecommunication Facility Equipment Bui/ding(s) or Cabinet(s). Exterior tower or telecommunication facility equipment building(s) or cabinet(s) shall not contain more than four hundred (400) square feet of gross floor area, shall not be more than twelve (12) feet in height, and shall maintain the minimum setback, landscaping and screening requirements of the zone in which it is located. Staff Comment: All equipment will be located in a communication building. K. Modification or Demolition. Any transmission tower or telecommunications facility being modified, demolished or rebuilt shall be in compliance with the standards adopted in this Code. Staff Comment: Not applicable. L. Maintenance. Every owner of a transmission tower or telecommunications facility shall take speCial care to operate, repair and maintain all such facilities so as to prevent failures and accidents which cause damage, injuries or nuisances to the neighborhood and public. All wires, cables, fixtures and other equipment shall be installed in compliance with the requirements of the National Electric Safety Code and all FCC, FAA, state and local regulations, and in such a manner that will not interfere with radio communications, electronic transmissions or all other electromagnetic communications or otherwise cause a safety hazard. Staff Comment: Noble states they will sufficiently maintain this facility. M. Review. Each new tower or facility shall be subject to a two (2)-year review by the Director. The review will determine whether or not the originally approved number of antenna and design are still appropriate and necessary to provide adequate communications services. Staff Comment: Noble states that they will make the site available for inspection upon request. N. Abandonment. The wireless telecommunication facility owner shall remove all wireless telecommunications facilities which are not in use for any six (6)-month period, within three (3) months of the end of such six (6) month abandonment. As a part of such removal, the owner shall re-vegetate the site so that it is compatible with the neighborhood. The Board of County Commissioners shall only determine abandonment after the owner has had notice and an opportunity to be heard. Staff Comment: The proposed facility has a life span of 30 years and once this facility is removed the Reclamation Plan will be implemented. O. Federal Aviation Agency ("FAA'? Form. The applicant shall submit FAA Form 7460-1, Notice of Proposed Construction or Alteration, except that such form shall not be required for the following: 1. An amateur radio antennae if owned and operated by a federally licensed amateur radio operator or used exclusively for a receive-only antennae. 2. Any existing tower and antennae provided a building permit was issued for a tower or antennae prior to the adoption of this Code. 11 Clough Sheep Company, LLC Communication Facility 5/7/12 BOCC MOL 3. Any emergency telecommunications facilities used exclusively for emergency services including, but not limited to, police, fire and operation of governmental entities. 4. Any antennae used for Federal Communications Commission (FCC) licensees engaged in AM, FM or television broadcasting. Staff Comment (Items 1-4): A TOWAIR was provided in the application instead of the FAA Form 7460-1. According to the TOWAIR determination results provided the "TOWAIR's findings are not definitive or binding, and cannot guarantee that the data in the TOWAIR are fully current or accurate." Staff recommends that an approval letter from FAA be submitted to County staff as a conditional of approval or a letter from a qualified telecommunication engineer stating why this form is not necessary. In the Garfield County Regional Airport Director's referral letter it indicates that Garfield County airport has no objections to the proposed tower. P. Telecommunications Act. All telecommunications facilities shall comply with the standards ofthis Code, all applicable standards ofthe Federal Telecommunications Act of 1996, and all applicable requirements of the Federal Aviation Administration (FAA). Staff Comment: The Applicant just states in the application that they will comply with all applicable standards of the Federal Telecommunication Act of 1996 and all applicable requirements of the FAA. Staff recommends as a condition of approval that Applicant elaborate on how they'll meet these standards. VI. SUGGESTED FINDINGS Should the Board of County Commissioners decide to approve the request for Clough Sheep Company, LLC Communication Facility, staff suggests the Board of County Commissioners make the following findings: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties were heard at that meeting. 3. The proposed use is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County if recommended conditions of approval are required. 4. That the application is in general conformance with the Garfield County Comprehensive Plan 2030. 5. That, with the adoption of recommended conditions, the application has adequately met the requirements of the Garfield County Unified Land Use Resolution of 2008, as amended. 6. The following waiver from the Section 7-823 (H) Landscaping and Screening contained in the Garfield County Unified Land Use Resolution of 2008, as amended (ULUR) has been granted and determined as appropriate for the health, safety, and welfare of the future 12 residents and the general public: a. Landscaping and Screening: Clough Sheep Company, LLC Communication Facility 5/7/12 BOCC MOL • Landscaping is not necessary for the proposed communication facility due to its' remote location. VII. STAFF RECOMMENDATION Staff recommends the Board of County Commissioners approve the request for a Land Use Change Permit for a Communication Facility to be operated by Noble Energy, Inc. on a property owned by Clough Sheep Company, LLC located in Section 22, Township 6 South, Range 94 West of the 6th P.M. in Garfield County with the following conditions: 1. That all representations made by the Applicant in the application, and at the public hearing before the Board of County Commissioners, shall be conditions of approval, unless specifically altered by the Board of County Commissioners; 2. The operation of this facility shall be done in accordance with all applicable Federal, State and Local regulations governing the operation of this type of facility; 3. The facility shall be required to comply with the following standards: a. The facility shall be operated so that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located. b. Site operations shall not emit heat, glare, radiation, dust or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. c. All equipment and structures associated with this permit shall be painted with nonreflective paint in neutral colors to reduce glare and mitigate any visual impacts. d. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. e. All lighting associated with the property shall be directed inward and downward towards the interior of the property. 4. Prior to the issuance of a Land Use Change Permit, the Applicant shall obtain a State Highway Access Permit from Colorado Department of Transportation. All conditions of the access permit shall be conditions of this permit. 5. Prior to the issuance of a Land Use Change Permit, the Applicant shall provide staff with an approval letter from the FAA or provide to staff for review and approval a letter from a qualified telecommunication engineer stating why a FAA Form 7460-1 is not required. 6. Prior to the issuance of a Land Use Change Permit, the Applicant shall provide staff with additional information from a qualified telecommunication engineer addressing compliance with the Federal Communication Act of 1996. 13 Clough Sheep Company, LLC Communication Facility 5/7/12 BOCC MOL 7. The Applicant shall comply with all applicable standards of the Federal Telecommunication Act of 1996 and all applicable requirements of the FAA. 8. Prior to the issuance of a Land Use Change permit, the Applicant shall revise the Site Plan to include an underground telecommunication line and its' easement that is to be located from the communication facility to the existing telephone pedestal north of the subject site. VIII. RECOMMENDED MOTION I move to approve a Land Use Change Permit through the Limited Impact Review for a "Communication Facility" to be located on a 2,500 square foot site, on property owned by Clough Sheep Company, LLC with the Staff's recommended findings and conditions. 14 EXHIBIT Ie;, .~ \ ~ .. Garfield County Vegetatiol/Mal/agement April 13, 2012 Molly Orklld-Larson Garfield County Building & Planning Department RE: Noble/Clough Communication Tower -West Rifl.e LlPA 7064 Dear Molly, Thanks for the opportunity to comment. • The report on noxious weeds is acceptable. • The Reclamation Plan is acceptable. Please let me know if you have any questions. Sincerely, '-j-;d-L ~~~ Steve Anthony Garfield County Vegetation Manager 0298 County Roael 333A Rifle, CO 81650 Phone: 970·625·8601 Fax: 970·625·8627 M Orkild-Larson From: Sent: f To: , Subject: Molly, Jim Rada Tuesday, April 10, 2012 3:12 PM Molly Orkild-Larson LlPA 7064 -Clough Sheep Company LLC -West Rifle Communications Facility I have no comments on the referenced L1PA. Thanks for the opportunity to review this application. Jim Jim Rada EnvironmBntal HBalth ManagBr Ga rfiBld County Public HBaith 185 W. 14th StrBBt RifiB. CO 81650 PhonB -970-625-5200 x8113 OirBct -970-665-6380 fax -970-625-8304 CBII -970-318-1579 jrada@lqarfiBld-county.com www.garfiBld-county.com 1 _M.o.II~ly_ O.r_k.iI.d-.L.a.rs.o.n_ _________________________________________. .1 From: Sent: To: Subject: Roussin, Daniel [DanieLRoussin@DOTSTATE.CO.USJ Monday, April 09, 2012 2:58 PM Molly Orkild-Larson Clough Sheep Company LLC E,XH.IB IT Molly -thank you for the opportunity to review Clouse Sheep Company LLC, West Rifle Communication Facility. It appears the access for the communication facility will be off US 6. It appears that the development will increase the traffic by 20% at the access; therefore, an access permit will be required . However, I don't see any red flags for this project. COOT would document the change in use of the driveway with the access process. If you have any questions, please let me know. thanks Dan Roussin Colorado Department of Transportation Region 3 Permit Unit Manager 222 South 6th Street, Room 100 Grand Junction, CO 81501 970-683-6284 Office 970-683-6290 Fax http://www.coloradodot.info !business!permits!accesspermits 1 Orkild-Larson From: Sent: To: Subject: Molly, Kevin Whelan [kewhelan@riflefiredept.org] Tuesday, April 17, 2012 8:37 AM Molly Orkild-Larson Rifle Communication Facility-LlPA 7064 I have reviewed the submittals for the Limited Impact Review (LiPA 7064) for the Rifle Communication Facility located approximately 1.4 miles SW from the City of Rifle, south and adjacent to Highway 6 & 24. The fire district has no com ments and recommends approval of this project as designed and presented. If there are any changes or questions, please don't hesitate to contact me. Kevin C. Whelan Division Chief/Fire Marshal Rifle Fire Protection District 1850 Railroad Ave Rifle, CO 81650 kewhe la n@riflefiredept.org Office-970-625-1243 ext 12 Fax-970-625-2963 Cell-970-618-7388 " We are dedicated to protecting life, home, and property through leadership, education and partnerships. Safety is our highest priority." April 12,2012 Ms. Molly Orkild-Larson Garfield County Building & Planning 0375 County Road 352, Building 2060 Rifle, CO 81650 RE: LIPA 7064, West Rifle Communication Tower Dear Molly: MOUNTt\IN CROSS ENGINEERING, INC. CiVil AND ENVIRONMENTAL CONSULTING AND DESIGN This office has performed a review of the documents provided for the Limited Impact Review Application of the West Rifle Communication Tower for Noble Energy. The submittal was found to be thorough and well organized. The review generated the following questions, concerns, and comments: • The COPES Stormwater Discharge Permit will expire on June 30, 2012. The Applicant should be prepared to renew the permit and extend the effective date until the disturbed area is revegetated per the requirements of the permit. Feel free to call if ypu would like to discuss any part of the review. Sincerely, M'~".i c,:~ E~ Chris Hale, PE 826 1/2 Grand Avenue • Glenwood Springs, CO 81601 PH: 970.945.5544 • FAX: 970.945.5558 • www.mountaincross-eng.colll Mol Orkild-Larson . From: Sent: To: Cc: Subject: Diehl, Michael E [MichaeI.Diehl@XCELENERGY.COMJ Friday, April 20, 2012 2:38 PM Molly Orkild-Larson McSchooler, Tillmon B; Cozad, Brad D; Braasch, William A; Clary, Emily E RE: Clough Sheep Company -Communication Tower ' After review of our rights-of-way in Garfield County, I don't believe we have any right-of-way over 125 feet in width (62 .5 feet either side of center line), so if the communication tower (69 feet tall) is located 75 feet from our transmission line it should not be within any of our rights-of-way which means there will be no conflict. Actually, if the communication tower is outside of our right-of-way, we have no control over its location or distance from our transmission line, regardless of its height. Thank you for considering us and allowing for our input. . Please let me know if I can be of further assistance. Michael E. Diehl Xcel Energy I Responsible By Nature Supervisor of Siting & Land Rights 1800 Larimer Street, Suite 400 Denver, CO 80202 (Office) 303-571-7260 (Cell) 303-810-9707 (Fax) 303-294-2088 (e-mail)michael.diehl@xcelenergy.com EXHIBIT" _M_O_II~YO_r_k_ild_-_L_a_rS_o_n_ _________________________________________ ' __~ ___ __ From: Sent: To: Subject: To whom it may concern Brian Condie Monday, Apn123, 2012 3: 16 PM Molly Orkild-Larson request The Garfield County airport has no obj ections to the proposed cellular town on West Rifle Communication Facility on the Clough property. Please advise the airport if the height of the tower changes. Brian Condie C.M. Airport Director Garfield County Regional Airport 970-625-1091 Mol Orkild-Larson From: Sent: To: Subject: Attachments: Molly, Nathan Lindquist [nlindquist@rifleco.org] Thursday, April 26, 2012 11 :05 AM Molly Orkild-Larson . FW: Celi tower conditions for GarCo DOC002.pdf See below and attached from Matt. Nathan Lindquist Planner City of Rifle 202 Ra ilroad Avenue Rifle, CO 81650 (970) 665-6497 (office) (970) 456-2183 (ce ll) From: Matt Sturgeon Sent: Thursday, April 26, 2012 10:56 AM To: Nathan Lindquist Subject: RE: Celi tower conditions for GarCo? Nathan, I've attached from Pueblo County I brought with me to demonstrate what other Colorado counties are doing. Pueblo County spent quite a bit of time perfecting how it handled celi towers because we had a proliferation of them starting around the year 2000. Condition 5 within the attachment is one I recommend Garfield County include. Counties have the authority to mandate persons erecting communication towers allow other communication providers to collocate; this cuts down on the number of towers that could show up in a transportation corridor like 170. Thanks, Matt Matt Sturgeon Assistant City Manager City of Rifle 202 Railroad Ave Rifle CO 81650 msturgeon@rifleco.org 970-665-6499 Jl Please consider the environment before printing this e·mai l. 1 From: Nathan Lindquist Sent: Thursday, April 26, 2012 10: 14 AM To: Matt Sturgeon Subject: Cell tower conditions for GarCo? Nathan Lindquist Planner City of Rifle 202 Railroad Avenue Rifle, CO 81650 (970) 665-6497 (office) (970) 456-2183 (cell) 2 Matt J. Peulen District 3 Chairman 2001 John L. Klomp District 1 Loretta Kennedy District 2 MEMORANDUM BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF PLANNING AND DEVELOPMENT TO: Pueblo County Planning Commission FROM: Gail L. Wallingford-Ingo, Planner II~ DATE: February 14,2001 Kim B. Headley Planning and Development Director plannlng@co.pueblo.co.us SUBJECT: COMPLIANCE REPORT FOR SPECIAL USE PERMIT NO. 2000-003 (AMENDED), AMERICAN TOWER CORPORATION, c/o MIKE KORTENDICK (APPLICANT), DEW A YNE SALAMENO (OWNER), 727 LANE 36 PURPOSE This is a one-year review and compliance report for Special Use Permit No. 2000-003 (Amended) which allowed the establishment of a 160-foot (minimum height) to 175-foot (total height) lattice telecommunication tower on 4,900 square feet of leased property in an A-2, Agricultural (minimum 5 acre) Zone District. LOCATION The 70' x 70' tower site is located within a 2.9± acre parcel located on the west side of Lane 36 between Daniel Road (if extended westerly) and Dameron Road, approximately 58 feet east ofthe existing edge of asphalt for Lane 36 (State Highway 231). (Exhibits I and 2) STAFF RECOMMENDATION The applicant has demonstrated compliance with all original conditions of approval, and the telecommtmication tower has been established at a height of l60-feet. Based upon this information, staff has reviewed the original conditions of approval and has amended and/or removed those that are no longer applicable. Therefore, staff recommends the Pueblo County Planning Commission ACCEPT this Compliance RepOlt thereby APPROVING the continuance of this established use with the following conditions: 229 WEST 12'" STREET • PUEBLO, COLORADO 81003·2810 • (719) 583-6100 • FAX (719) 583-6376 'Memo to Pueblo County Planning Commission RE: Special Use Penn it No. 2000-003 (Amended) Compliance Report February 14,2001 Page 2 I. Applicant shall fully comply with all applicable regulations of the Federal Aviation Administration including the submission of notices and other required submittals whether or not the tower may be later adjudged exempt by the FAA. A copy of such applications and submittals shall be sent to the Pueblo County Department of Planning and Development. 2. In the event that a determination is made to light the tower, either of the applicant's own volition or as a result of an FAA requirement, then applicant shall be required to submit a request for an amendment to this special use permit prior to the installation of any lighting upon the tower. Applicant acknowledges and understands that any such request for an amendment must proceed to a public hearing before the Pueblo County Planning Commission and that the same mayor may not be approved in accordance with the standards set forth for special use permits in the Pueblo County Zoning Resolution. 3. The applicant shall maintain the 6-foot chain-link fencing surrounding the 70' x 70' leased tower site. 4. Improvements to the site covered by Special Use Permit No. 2000-003 (Amended) shall be limited to those depicted on the applicant's Site Plan Maps incorporated with the July 13, 2000 staff report as Exhibits 4a and 4b. The tower, excluding an attached lightning rod, shall be maintained at a minimum height of 160 feet and permitted to a maximum height of 175 feet. Any additional facilities/improvements (additional structures) to this site not directly related to the cellular communication tower shall require an amendment to this special use permit. (Note: The placement of additional antennae or dish receivers upon the tower or equipment structures at the base of the tower directly related to the communication purposes of the tower will not require an amendment so long as they are within the depicted (70' x 70') tower site plan boundary.) 5. Future requests for tower sites from all service providers shall be directed to request collocation upon existing towers. American Tower shall make this tower available for collocation of additional service providers. Subject to American Tower review and analyses, this tower shall be made available to all qualified requests, at fair and reasonable compensation to American Tower, for collocating additional, functionally equivalent service providers. Collocation requests from additional service providers shall be directed to American Tower, with copies of the cover letter or memorandum, but not the technical specification documentation, directed to the Department of Planning and Development. Said requests shall be in writing, complete with all technical specifications for the proposed antenna facilities, supports, mounts and coaxial in order for American Tower to perform the necessary analyses. The requesting party would supply all their frequencies and power levels such that American Tower may perform an intermod study to insure American Tower's operation will not experience interference or the tower structural integrity is not endangered. In addition, American Tower may require an industry accepted standard of separation space between its antenna array and the antenna of the requesting entity. · Memo to Pueblo County Planning Commission RE: Special Use Penn it No. 2000-003 (Amended) Compliance Report February 14,2001 Page 3 American Tower shall have thirty (30) days from the receipt of a qualified request in which to review the proposal. Denial by American Tower of access to this tower for other service providers shall be in writing and include a statement of justification on the basis of the engineering and intermod compatibility study. Said statement shall be forwarded to the Department of Planning and Development within thirty (30) days of such denial. 6. Special Use Permit No. 2000-003 (Amended) shall be heard by the Pueblo County Planning Commission on a complaint basis only provided the property maintains compliance with the Pueblo County Zoning Resolution and all previously adopted Conditions of Approval. BACKGROUND Special Use Permit No. 2000-003 was originally approved with seven (7) conditions by the Pueblo County Planning Commission on February 22, 2000. At the applicants' request and due to some concerns that the tower had been required to be "marked and/or lighted' the special use permit was brought back before the Planning Commission on July 25, 2000. The amended request was to reduce the overall tower height by IS -30 feet and allowed for the imposition of two (2) additional conditions to ensure the tower would not be lighted. The reduction of the height of the tower from 190-feet to a minimum height of 160-feet and a maximum height of I 75-feet was an attempt by the applicants to ensure the tower would not have to be lighted. The special use permit was re-approved by the Planning Commission with nine (9) conditions. Those conditions are identified below with staff comments thereafter in bold face type: I. PRIOR TO THE CONSTRUCTION OF THE TOWER: a) The applicant shall provide to the Department of Planning and Development an engineers' certification upon the tower construction diagrams and schematics that the proposed tower is structurally capable of accommodating all of the depicted antennae and dish receivers, including the proposed "future tenant" antennae and dish receivers (complying with American National Standards Institute -ANSI standards) as identified on Exhibit 2 of the July 13, 2000 staff report. b) The applicant shall provide a site location map for all cellular transmission facilities (attached panel arrays and towers) under its ownership, use, or control. Said site location map shall include the GPS coordinates for each tower, the height of each tower, and shall depict the radius of signal coverage for each tower. c) The applicants shall submit documentation from the Colorado Department of Transportation that the proposed access at Lane 36 (State Highway No. 231) has been approved. The applicants provided certified tower construction diagrams and schematics on August 4, 2000. Final as-built GPS coordinates, a site location map and a spreadsheet identifying all transmission facilities under American Tower's ownership, use, or control were submitted on October 27, 2000. The Colorado Department of Transportation (CDOT) has indicated that Access Permit No. 200061 was issued on August 31, 2000. , Memo to Pueblo County Planning Commission RE: Special Use Pennit No, 2000-003 (Amended) Compliance Report FebrualY 14,2001 Page 4 2, Applicant shall fully comply with all applicable regulations of the Federal Aviation Administration including the submission of notices and other required submittals whether or not the tower may be later adjudged exempt by the FAA. A copy of such applications and submittals shall be sent to the Pueblo County Department of Planning and Development. No comments have been received from the Federal Aviation Administration regarding this tower since the original amendment was submitted in July, 2000. It is staff's assumption that inasmuch as the tower has been established and is operational, the applicants are in compliance with applicable regulations of the FAA. 3. In the event that a determination is made to light the tower, either of the applicant's own volition or as a result of an FAA requirement, then applicant shall be required to submit a request for an amendment to this special use permit prior to the installation of any lighting upon the tower. Applicant acknowledges and understands that any such request for an amendment must proceed to a public hearing before the Pueblo County Planning Commission and that the same mayor may not be approved in accordance with the standards set forth for special use permits in the Pueblo County Zoning Resolution. The original intent ofthe amendment, as evidenced by the height reduction request, was to ensure the tower would not be marked and/or lighted. Staff did not observe any lighting on the tower during its on-site inspection of February 9, 2001. The applicants have not submitted a second amendment request. 4. The applicant shall fence the (70' x 70') leased tower site with a minimum of 6-foot chain-link fencing prior to operation. The leased tower site and all existing improvements are surrounded by a 6-footchain-link fence, topped with barbed wire. 5. Improvements to the site covered by Special Use Permit No. 2000-003 (Amended) shan be limited to those depicted on the applicant's Site Plan Maps incorporated with the July 13,2000 staff report as Exhibits 4a and 4b. The tower, excluding an attached lightning rod, shall be constructed to a maximum height of 175 feet and a minimum height of 160 feet. Any additional facilities/improvements (additional structures) to this site not directly related to the cellular communication tower shan require an amendment to this special use permit. (Note: The placement of additional antennae or dish receivers upon the tower or equipment structures at the base of the tower directly related to the communication purposes of the tower will not require an amendment so long as they are within the depicted (70' x 70') tower site plan boundary,) Staffs on-site inspection conducted on February 9, 2001 revealed tbe improvements to the tower site were as identified on Exhibits 4a-4b ofthe July 13, 2000 statT report. Those improvements are: the 160-foot tower, related equipment facilities, and a 6-foot chain-link fence with three (3) strands of barbed wire. (Exhibit 3) 6. The tower shall be constructed with a matte gray material and/or finish. ·Memo to Pueblo County Planning Commission RE: Special Use Permit No. 2000-003 (Amended) Compliance Report February 14, 200 I Page 5 In a letter dated January 9, 2001, the applicants state, "All towers have been requested with matte galvanizedfinish and Itave been delivered and verified/or tlte color finish requested", 7. FLlture requests for tower sites from all service providers shall be directed to request collocation upon existing towers. American Tower shall make this to~ available for collocation of additional service providers. Subject to American Tower review and analyses, this tower shall be made available to all qualified requests, at fair and reasonable compensation to American Tower, for collocating additional, functionally equivalent service providers. Collocation requests from additional service providers shall be directed to American Tower, with copies of the cover letter or memorandum, but not the technical specification documentation, directed to the Department of Planning and Development. Said requests shall be in writing, complete with all technical specifications for the proposed antenna facilities, supports, mounts and coaxial in order for American Tower to perform the necessary analyses. The requesting party would supply all their frequencies and power levels such that American Tower may perform an intermod study to insure American Tower's operation will not experience interference or the tower structural integrity is not endangered. In addition, American Tower may require an industry accepted standard of separation space between its antenna array and the antenna of the requesting entity. American Tower shall have thirty (30) days from the receipt of a qualified request in which to review the proposal. Denial by American Tower of access to this tower for other service providers shall be in writing and include a statement of justification on the basis of the engineering and intermod compatibility study. Said statement shall be forwarded to the Department of Planning and Development within thirty (30) days of such denial. The tower has been constructed to facilitate co-location. Staff has granted zoning lluthorization for attachment of twelve (12) additional antennas and two (2) microwave dishes lIt a height of 135-feet on the existing tower. The placement of these improvements on the tower and within the tower site is to facilitate co-location of an additional user. 8. Upon completion of the installation of the tower and prior to operation of the tower, the applicants shall submit final AS-BUILT GPS coordinates of the tower to the Department of Planning and Development. Final as-built GPS coordinates for the tower site have been submitted. 9. The Department of Planning and Development is directed to conduct an administrative inspection of the property on or before July 1,2001; and if the use authorized by this special use permit has been established and if the property is found to be in compliance with the Pueblo County Zoning Resolution, and all ofthe approved Conditions of Approval, then the permit will be placed on a complaint basis only. If the property is NOT in compliance, then the permit shall be scheduled for the July, 2001 Pueblo County Planning Commission meeting for review. ,Memo to Pueblo County Planning Commission RE: Special Use Permit No. 2000·003 (Amended) Compliance Report February 14,2001 Page 6 NOTA TlON: Section 36(i) of the Pueblo County Zoning Resolution provides that the action or activity authorized by a special use permit must be exercised in full or construction started within one year of the date of the Planning Commission's approval or the special use permit becomes null and void unless the permit is extended by the Commission. Further, the action or activity must be in full compliance with all conditions of the special use permit. Please note that merely obtaining necessary building permits, other local, State, or Federal operating permits, and entering into agreements do not constitute an exercise in full or starting construction. Staff has determined that the use authorized by this special use permit has been established. AGENCY COMMENTS Comments received from the Pueblo County Department of Public Works state, "We have completed a one-year review o/Special Use Permit No. 2000-003. There were no conditions 0/approval that relaled to this department and we have no concerns with these applications". GLI Attachments: Exhibit 1 .... Location Map Exhibit 2 .... Tower Diagram Exhibit 3 .... Photograph c: American Tower Corporation (Applicant) Dewayne Salameo (Owner) --------COkPORA TION SITE NAME: . SALAMENO SITE NUMBER: PU-17D IST I-tWy N o. 96 • UJ >-.j Z :;: ~"'l tV ~ J: ~ ....J <0 >--= ci f')VlZ DANIFL RD [VERETT RD FORD RD VINELAND US HWY 50 -VICINITY MAP \'~c; etL., Ct A « . ~ T~ i <L:4Pt 'l "" ::t • ~~/~ NO SCALE ~~CJI.-J 12--fa .. t.... ~\ ~ EXHIBIT I . I ~ SuP .:1400'00 :4 f8tGID 1...-., L-L ~ I iIIl ~ 1""-§ 0;::.. 1 ~ o NEW "'MiS· UGHIN1NC ROD I.tINtMUt.4 !r -a· CHAIN UNI( FENCE (TYPICAL) NEW SELF SuP?OKTlI'I:C LATTICE TOWER fOUNDATION f f ~ TOP OF' NEw UGHTNING /::'-0 $ 'MT-C5750~ ToP or SELF SUPPORTING ---........ ____ LATTICE TowER $ ~S , __ "_. = ==-----160'-0· ~--g -..: .............. FUTuRE: TD-lANT TOWER CAPACITY "'-"--" \~~~ ELEVATION VIEW f rOA: 12 PAN~1.. ANTENNAS Will-! ...... ~O FRAME ~OUNT_S _ _ '" , 60'-0--.,. PROPOSED Ml1ENNAS '-NEw Si'-TP10-72 TOW!:;R PIPE: FRAl.lE ~ WliH "'7-186-72 PIPE MOUNT KIT ANO PIPE LEC SADDLe MOUNT (TO e~ FIELD __ VERIFIED) OR APPRE.YEO EOUAL $ 150'-0" F"UTUR!;: T£NANT ANTENNAS. ............ TOWER CA?A::ITY FOR 12 PANEL _____ ANTENNAS W/FRAME MOUNTS ---130""'""_0------ ---~ F"lJTURE T(N.O,NT TOWER CAPACITY rOA: 12 PANEL ANT£NN.AS WITH ~E~OU~_~_ 100'-0· --------.,.. NEW , 60'-0· SELF SuPPORTING LATTICE TOWER FU1URE TENANT TOW~R CAPACITY ~ ._!-IF' DISHES (O' ~ ~ 90'-0·------..., PROPOSED ICE BRIDGE PROPOSED CPS ANTENNA PROPOSED BTS JOU1PUrNT PROPOSED PPC CA8IN~ PROPOSED 8T5 PLATFORM .: '" "'~r-~.~-'-"'-'_:?.L-_~IN~~~.~P~...Q~ _____ ------$-,. ... I stolL: '-.2Ot4 JlNERlCAN° TOW;R "' _ .... ON ., ~--=-S:. ~ ,"0 GIlIDlIo.a;II,OILIDQ_, ~=:J:=m: ~f¥t~t~~~~~;}~:!~t~' -'.1 ...... =.,.;.,:. '_f.'.·:-.!· ~.' :;;;~~·,,:·o~-~!( 'i~""I~: ._~ .. :'.:;:)~~ ~~fifr~¥.~:·;·1~~:\·i:!f.:.~.:;:: ,,. ....;." ".";;, . ..•" .. :.•:.: ,-..'~...: :" ·"U,.·,':,· .". :,: -.• ::::=-.;.t:!:::"~: ... .. ~="-.!",';';:::'.",. IIr;o.ISc.. ,~!!:: 1-• I:il!!I!!oS!S:: I.e l :-~ ~~. SOT 1tU ... ::'R, PU-17D $ITt ........ t; SALAMiNO son; ";::'''055: 727 1..'-:-0:: J6 PU(Bto. CC 81006 S".-" oot .... ~O ~ .J-" ~ _ ~:': __ ~~.~--... .:. ~_~_ _ o:.:!.a. r-,.,.t _"~M ELEVATION VIEW ... w_~ A-3 SPECIAL USE PERMIT NO. 2000-003 (AMENDED) 2001 COMPLIANCE REPORT "Looking Southwesterly from State Highway No. 231 (Lane 36) at Existing Tower" Photo by: G. Wallingford-Ingo 02/09/01 ~ EXHIBIT , J j i.59 :1000' PUEBLO COUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT 229 WEST 12TIl STREET· PUEBLO, CO 81003-2810 FAX COVER SHEET Date: To: From: February 14,2001 Pueblo Regional Building Department Gail L. Wallingford-Ingo Planner II Re: 727 Lane 36; Salameno Tower Site Number of pages including cover sheet: I Message: To Whom It May Concern: Time: 10:01 AM Phone: (719) 543-0002 Fax: (719) 543-0062 Phone: (719) 583-6100 Fax: (719) 583-6376 Please be advised that the "HOLD" for the issuance of a Final Inspection for the above referenced site can be released. If you should have any questions, please do not hesitate to contact me. Gail EXHIBIT Ql\OLSSON I o ASSOCIATES May 2,2012 Noble Energy Inc. Mike Markus -Olsson Associates Re: Preliminary Airspace Review Noble Energy Project # 2010 Noble Dear Mr. Markus: Per your request we have reviewed the above referenced project to determine if the proposed construction will require submission to the Federal Aviation Administration (FAA) for an Aeronautical Study. The basis of our evaluation is the guidelines that are contained in Federal Aviation Regulation (FAR) Part 77 "Objects Affecting Navigable Airspace." The proposed tower is located at the Noble Energy West Rifle Tower site and has the following coordinates: N39°30'40.04" /Wl 07'52'4.12". The proposed tower has an approximate base elevation of 5183.6 feet AMSL with a height of approximately 69 feet AGL, for a total height of 5252.6 feet AMSL. A circle search was done on the proposed site location to determine what airports in the vicinity of the proposed project may be impacted. The FAA Obstruction Evaluation /Airport Airspace Analysis (OE/AAA) site was utilized to perform this task. https:lloeaaa.faa.gov/oeaaa/external/searchAction.jsp?acti on=showCircieSearchAiroortsForm The circle search conducted on the OE/AAA site revealed that the nearest airport is the Garfield County Regional Airport (RIL) which is located at distance of 6.55 Nautical Miles (NM) from the site. Based on the previously stated information, we believe that an FAA Aeronautical Study is not required due to the fact that: 1) The tower is below 200 feet AGL; 2) The tower is located more than 20,000 feet from the nearest point of the nearest runway that is more than 3,200 feet in actual length; 3) The tower is located more than 10,000 feet from the nearest point of the nearest runway that is less than 3,200 feet in actual length; and 4) The tower is located more than 5,000 feet from the nearest landing and takeoff area of any heliport. In addition to the FAA OE/AAA search, a search was also performed using the TOWAIR application, which is available from the Federal COmmunications Commission (FCC). http://wireless2.fcc.gov/UlsApp/AsrSearch/towairSearch.jsp. This application uses the tower location and height to determine if the structure meets the criteria contained in CFR 47 (Telecommunications) part 17.7. The TOWAIR application also determined that the structure does not require any registration. 1111 Lincoln Mall, Suite 111 P.O. Box 84608 Lincoln, NE 68501 4608 TEL 402.474.6311 FAX 402.474.5160 WoNW.o"consulting .com May 2, 2012 Page Two Because the tower is located in close proximity to the extended centerline of Runway 8 at the Garfield County Airport, potential impacts to approaches to this runway were considered. The FAA reports the runway 8 end elevation as 5470.2 feet AMSL, which is approximately 217.6 feet higher than the top of the proposed tower. It is our opinion that the proposed tower should not have any adverse impacts on approaches or departures at the Garfield County Regional Airport. Based on these findings we believe that an FAA Aeronautical Study is not required for this project but we would be willing to assist you in submitting documentation for an airspace review, if requested. Please keep in mind that these reviews take the FAA a minimum of 8 weeks to complete after the request is submitted. The planned microwave communications system to be built by Noble Energy is not intended to provide a means of telecommunications services as a carrier for any other entity either public, or private, and therefore does not qualify as such, as defined in the Telecommunications Act of 1996. It is our understanding the communication system is one-hundred percent private and is designed to allow communications solely for use by Noble Energy and its subsidiaries. It is also our understanding that Noble Energy is not in the business to sell or resell any type of communication services to other entities. Noble Energy is not competing with any other carrier and is intending to use the proposed communications system for internal operations only. Sincerely, ~*-Diane Hofer, P.E. Airport Team Leader Olsson Associates Circle Search For Airports Results Ferill(al AvIAtion Administration Circle Search For Airports Results Records 1 to 1 of 1 Locator Id Nama Site Type City State latitude R1L GARFIELD COUNTY RGNl RIflE CO 39° 31' 35.80" N Rows per Page: 20 ... Records 1 to 1 of 1 Page: 1 Page 1 of2 « OE/AAA Page 1 of 1 Longitude Dlmnce(NM) Azimuth .... 107° 43' 40.80" W 6.55 98.12° Page 1 of 1 https;lloeaaa.faa.gov/oeaaaiextemaVsearchAction.jsp?action=searchCircleSearchAirports ... 4/30/2012 rOw AIR Search Results TOWAIR Determination Results *** NOTICE *** TOWAIR's findings are not definitive or binding, and we cannot guarantee that the data in TOWAIR are fully current and accurate. In some instances, TOWAIR may yield results that differ from application of the criteria set out in 47 C.F.R. Section 17.7 and 14 C.F.R. Section 77.13. A positive finding by TOWAIR recommending notification should be given considerable weight. On the other hand, a finding by TOWAIR recommending either for or against notification is not conclusive. It is the responsibility of each ASR participant to exercise due diligence to determine if it must coordinate its structure with the FAA. TOWAIR is only one tool designed to assist ASR participants in exercising this due diligence, and further investigation may be necessary to determine if FAA coordination is appropriate. DETERMINATION Results Structure does not require registration, There are no airports within 8 kilometers (5 miles) of the coordinates you provided. Your Specifications NAD83 Coordinates Latitude Longitude Measurements (Meters) Overall Structure Height (AGL) Support Structure Height (AGL) Site Elevation (AMSL) Structure Type 39-30-40.0 north 107-52-04.0 west 21 21 1580 TOWER -Free standing or Guyed Structure used for Communications Purposes Tower Construction Notiflcatjons Notify Tribes and Historic Preservation Officers of your plans to build a tower. http://wireless2.fcc.gov/ulsApp/AsrSearchltowairResult.jsp?pr intable Page 1 of 1 4130/2012 \ \ \ \ \ \ \ '\ \ \ \ \ \ >. \ \ \ \ \ \ \ \ \ \ \ \ \11 \ \(R.. \ \ \ \ '~ ~I II ,.Ih r' ! ---b:-!-JJ j C ~ ~ ~ 0 ~ ..a!C!~ OGI c 2!