The URL can be used to link to this page

Home My WebLink About1.0 Application.""",. ~ ENERGY TRANSFER ETC CANYON PIPELINE, LLC ADMINISTRATIVE PERMIT BEAVER CREEK PIPELINE GARFIELD COUNTY COLORADO,USA WAGON WHEEL CONSULTING 111 E. Third St, Suite 213 Rifle, CO 81650 (970) 625·8433 ) GARFIELD COUNTY . Building & Planning Department 108 8th Street, Suite 401 17D'P 17808 0 :!!"'-"-r"" Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com PIPELINE DEVELOPMENT PLAN 0 PIPELINE DEVELOPMENT PLAN AMENDMENT (Check the box that applies) GENERAL INFORMATION (Please print legibly) ~ Name of Pipeline Owner: ETC. CCUI ,U I!>N ?t,J "j,:"'e LLC ~ Mailing Address: /~ao8A',:>ylt.<1"'f} s...d.:dM Telephone: LlJJlju£ -I./t:::pc) ~ City: DettwA State: Co Zip Code: 8OJM. Cell: (9D3) (,1j3 ·/~SI ~ E-mail address: Tim, J..e&t'l t!~ <tff!AJyfBt:ws(i,a . com FAX : ~ ) ~ Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc): ~ ItJfMjotJ. LJh.e.t:./~5uLtIN¥. rli.~. (.-r; __ m'l-~t;n,l'M.) ~ Mailing Address: 11/EaAt 1 Ad .)U~~ Suilt! J.J.Helephone: ~ t..;,5 -84.33 ~ City: RilLe State: CCL Zip Code: 8J(,,51J Cell: ~ 7.,14,·'l~ 7 () ~ E-mail addressym""j@UM.~'lWhuJ0N,f",Jhr, . GW2 FAX: <.m,J6t5-3135 ~ Description of Project: G.&d&.!"t,lW &l!d ¥e..c?tt~&!I/d' a. JI" lJlJd:J ~~,J ~.§ 2I,u.tlt'J.C. t&t.d eo. IY ili<.b ~t"l J~r.l.''d~ R./vek"e ~A. ti.c "v~I!.~~e ~ f~"":l.A CIM.¥ /' r r I aNd ~8iiAl1 NcJbed~r&::bdb 'j ~e~ ~Aa.J,,~ ~ General Location of Pipeline (Right-of-Way): 81flJM'NIAr'l ~'f't8J'4"mJ4 .;, ".,/1"5 .$.C!.,,-I:L.1. £. f~e ltf.it:B. ~~'<>AI af Ct.id., .3/Za.l!l.d Ct.I?d,., 3~o. 7~h1lN.{j,t/Nr-(}'/a. ol:>2.Nl 1-/,5 ""l'Lt:. f. r.c>ufl. {2f fk .same ;t!.f~ed;lMI, I ~ Diameter and Distance of Pipeline: t.~ H ,p.,. " aJ i J!:,-s ed f ':1.." j ~ General Legal Description: s..ec.hOli.~ ~ J ~, J 3~ ~ j.,JI Q [kuJ#Sj,(12. ? 5.=ii_~ R,6Nf.t!!. 91-Lde~ I j /., +It e. M. ~ Existing Use: Ratij. ... lcud; A!C<.I{J&&.L1~ J..v(!Ii!!/dl.~N~' fine. LJl}"fr:.M~d ~ Pipeline ROW Distance (in acres) LlJ. .. 3 .4~&es. ~ Zone District: JJRK.D Last Revised 111/09 I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: Development Plan Submission: The applicant shall submit nine copies of the proposed development plan with the completed application form to the Planning Director. The following information must be submitted with a development plan application: (1) A vicinity map indicating the section, township, and range of the site, and its relation to surrounding public roads and municipal boundaries. (2) 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 route. (3) Ownership A. 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. This may be drawn at a smaller scale than the site plan. B. For an area plan, the map will show the property boundaries and ownership information for all private and public property included in the development area. (4) Evidence of surface owner notification and of surface agreements where the surface owner is not a party to the mineral lease. (5) Need for Proposed Action: a statement of the reason for the pipeline (6) Regulatory Permit Requirements: a table indicating the permit agency name, permiVaction driving task and the task to be performed to obtain the permit. (7) 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, federal and state agency contacts (8) 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. (9) Construction Schedule: indicate the estimated start and end dates for construction, days of the week in which construction will occur, hours of day during which construction will occur. (10) Sensitive Area Survey: List the types and areas of concern along the pipeline right-of-way, such as: sensitive plant populations, cultural, archeological, paleontological resources and wetlands identified during pre-construction environmental surveys, if applicable. (11) Use Rights/Permits/Authorizations (and stipulations): attach a copy of any documents granting land use rights, permits, authorizations (including stipulations). The process of obtaining use rights, other than private rights-of-way leases or other agreements, permits, and authorizations (including stipulations) from any federal, state or local agency may occur concurrently with review of this application. If concurrent review occurs, a condition of approval will be applied, in accordance with Section 9.07.07 below, requiring the submittal of documents showing the approved federal, state or local use rights, permits or authorizations (including stipulations) prior to the issuance of the Garfield County Administrative Permit. Private rights-of-way, leases, or other agreements granting surface use must be included with the application in accordance with Section 9.07.04(4) above. (Revised Resol #2008-89) (12) Revegetation Plan: a. A plant material list. Be specific, scientific and common names are required. Include application rate in terms of pure live seed (PLS) per acre. b. A planting schedule that includes timing, methods, and mulching. c. A revegetation security. A security may be required if, in the determination of the County Vegetation Management, the proposed project has: (i) A potential to facilitate the spread of noxious weeds (ii) A potential to impact watershed areas. (iii) A potential for visual impacts from public viewing corridors. (iv) Steep slopes (15% or greater) or unstable areas. (v) Disturbs large area (Half an acre or greater) d. 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 & 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. (13) A weed management plan for all Garfield County listed noxious weeds and State of Colorado listed noxious weeds that are targeted by the Commissioner of Agriculture for statewide eradication. (14) 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. (15) 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 , percentage of the construction traffic that will travel on each listed county road. (16) Staging Areas: indicate the general location of the staging areas required for pipeline construction. (17) Hydrotest Water: indicate the quantity of water required, source of water and the disposition of the water after testing. II. Referral and Review by Planning Director: The Planning Director will coordinate the review of the development plan application. Upon the filing of a complete application for development plan review, the Planning Director shall promptly forward one copy to the County Road & Bridge, Oil & Gas Auditor, Vegetation Management and Engineering Departments; the appropriate fire district or County Sheriff; the surface owners of an individual pipeline development plan; and any adjacent municipality for comment. (1) Referral comments on the proposed development shall be returned to the Planning Director no later than 1 B days from the date of application for an individual site application and 30 days from the date of application for an area development plan. (2) In addition, the applicant shall notify the property owners within 200 feet of the route that are not affected surface owners with an agreement with the applicant. A sign will be posted on the portions of the route crossing or adjacent to a public road within seven days after receiving the application for an individual development plan review. Both the notice and the sign shall indicate that a development plan review application has been made, and the phone number of the Planning Department where information regarding the application may be obtained. The applicant shall notify all property owners within 200 feet of the outside boundary of an area development plan and post a sign at the intersection of each public road entering the area within seven days after receiving the application for an area development plan review. Both the notice and the sign shall indicate that a development plan review application has been made, and the phone number of the Planning Department where information regarding the application may be obtained. (3) Any determination by the Planning Director to approve or conditionally approve a development plan application must be in writing and mailed or otherwise provided to the applicant no later than 28 days for an individual pipeline development plan or 60 days for an area pipeline development plan, after the date on which the development plan application is filed. Failure to make a determination on the application within this time period shall result in the application being considered approved and the applicant's building permit or access, or other permits being processed. III. Development Plan Review Standards and Criteria for Approval: A development plan shall be approved or conditionally approved in accordance with the following standards and criteria. (1) 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 as a general guide. Non-perimeter locations will be acceptable if the surface owner agrees and there is no adverse impact on adjacent properties. (2) Any equipment used in construction or operation of a pipeline must comply with the Colorado Oil and Gas Conservation Commission Rules and Regulations, Section 802, Noise Abatement. a. For any pipeline construction or operational facility that will have a substantial impact in adjacent areas, additional noise mitigation may be required. One or more of the following additional noise mitigation measures may be required: (i) acoustically insulated housing or covers enclosing any motor or engine; (ii) screening of the site or noise emitting equipment by fence or landscaping; (iii) a noise management plan specifying the hours of maximum noise and the type, frequency, and level of noise to be emitted; and (iv) any other noise mitigation measures required by the OGCC. b. All power sources used in pipeline operations shall have electric motors or muffled internal combustion engines. (3) Pipeline operations shall be located in a manner to minimize their visual impact and disturbance of the land surface. a. The location of right-of-way shall be away from prominent natural features and identified environmental resources. b. Right-of-way shall be located to avoid crossing hills and ridges, and wherever possible, shall be located at the base of slopes. c. 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. (4) Access points to public roads shall be reviewed by the County Road & Bridge Department and shall be built and maintained in accordance with the Garfield County Road Specifications. All access and oversize or overweight vehicle permits must be obtained from the County Road & Bridge Department prior to beginning operation. All proposed transportation right-ofway to the site shall also be reviewed and approved by the County Road & 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. (5) In no case shall an operator engage in activities which threaten an endangered species. (6) Air contaminant emissions shall be in compliance with the applicable permit and control provisions of the Colorado Air Quality Control Program, Title 25, Resolution 7, C.R.S. (7) All operations shall comply with all applicable State Public Health and Environment, Water Quality Control standards. (8) Any proposed waste disposal or treatment facilities shall comply with all requirements of the County Individual Sewage Disposal System Regulations. (9) 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 Planning Director may also approve a plan for an alternative postdisturbance reclamation, provided the surface owner and the applicant agree, and the plan is in harmony with the surrounding land uses and the Comprehensive Plan. (10) Should an abandoned pipeline be removed, it will be subject to the original revegetation and weed management requirements in the original application. IV. Conditions of Approval (1) If the Planning Director finds in reviewing a development plan application that the application meets the applicable standards set forth above, the Planning Director shall approve the site plan, and the applicant may continue the processing of the building or other associated County permit applications, or otherwise engage in the construction of the proposed pipeline. (2) If the Planning Director finds that the application does not meet an applicable standard or standards, the application shall be approved with appropriate reasonable conditions imposed to avoid or minimize the significant adverse impacts of the development. Such conditions may include, but are not necessarily limited to, provision of federal, state or local permits or other documents granting use rights (refer to Section 9.07.04(11) above; 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. (Revised Resol #2008-89) (3) Once the Planning Director issues a determination on the development plan, the determination shall not be final, and no permit based upon the determination shall be issued, for 14 calendar days after the date of the determination, in order to allow time for the applicant to appeal, or for the Board of County Commissioners to call up the determination for further review, pursuant to Sections 9.07.08 and 9.07.09 of the Pipeline Resolution. The Planning Director's determination shall become final, and permits applied for in accordance with the determination may be issued, only after the expiration of this 14-day period, and only if the determination is not reviewed and acted upon by the Board of County Commissioners at a subsequent appeal or call-up hearing. 11-.fl,I-£) 8 Date ) STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of ETC Canyon Pipeline, LLC a Delaware limited liability company, an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is ETC Canyon Pipeline, LLC and it is formed under the laws of Delaware. The mailing address for the Entity is 1600 Broadway, Suite 1900, Denver, CO 80202. The name and/or positIOn of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is Brian Beebe, Vice President. The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows: $100,000.00 Other matters concerning the manner in which the Entity deals with any interest in real property are: ___ _______ _ _ ____ ___ _ (if no other matter, leave this section blank) Executed this Cfth day of ]2Rcuv.,./r:)(.A' ETC CANYON PIPELINE, LLC Signature: ~~ Thomas P. Mason ,2008 Vice President, General Counsel And Secretary STATE OF COLORADO COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this Cl-Jh day of Th£e11\b1A. , 2008 by Thomas P. Mason, on behalf of ETC Canyon Pipeline, LLC, a Delaware limited liability company. Witness my hand and official seal. ~1?~n expires: _ ..8...' 1!-5'.<4I"Q'<q...,L-____ Ii (Notary PublIc) [SEAL] 11108 JANA ELYSE MAULDIN Notary Pubuc, State of Texas My Commission Expires Augu., 05, 2009 ) ) STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of ETC Canyon Pipeline, LLC a Delaware limited liability company, an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is ETC Canyon Pipeline, LLC and it is formed under the laws of Delaware. The mailing address for the Entity is 1600 Broadway, Suite 1900, Denver, CO 80202. The name and/or posItIon of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is John T. McDougal, Senior Vice President. The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows: $250,000.00 Other matters concerning the manner in which the Entity deals with any interest in real property are: ___________________ _ (if no other matter, leave this section blank) Executed this _0..L-_ day of 7}U..L""Jv...-, 2008 ETC CANYON PIPELINE, LLC Signature: ~~ ~ Thomas P. Mason Vice President, General Counsel And Secretary STATE OF COLORADO COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this ~ day of /2e&1ii.1I/L , 2008 by Thomas P. Mason, on behalf of ETC Canyon Pipeline, LLC, a Delaware limited liability company. 11108 Witness my hand and official seal. (Notary Public) [SEAL l l'i"";";;m,""~,,,,~~~~=~""ii ~~~~Y~~~~,.;,,~ JANA ElYSE MAULDIN ;,'.~.f. ·• .'.~:,~ Notary Pub~c, State of Texas • ;', My Commission Expires O:',;::,{,:,{j~~"<l' Augu,t 06. 2009 ) GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review ofa particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously ) failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include an Agreement for Payment Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The complete fee schedule for subdivision and land use applications is attached. GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. TYPE OF PROCEDURE Vacating Public Roads & Rights-of-Way Sketch Plan Preliminary Plan Final Plat Amended Plat Exemption from the Definition of Subdivision (SB-35) Land Use Permits (Conditional Use Permits) • Board Public Hearing only Land Use Permits (Special Use Permits) • Planning Commission and Board review & hearing Zoning Amendments • Zone District map amendment • Zone District text amendment • Zone District map & text amendment • PUD Zone District & Text Amendment • PUD Zone District Text Amendment Comprehensive Plan Amendment Board of Adjustment • Variance • Interpretation Administrative Permits • Floodplain Development • Pipeline Development • Minor Temporary Employee Housing Checklist • Small Temporary Employee Housing Planning Staff Hourly Rate • Planning Director • Senior Planner • Planning Technician • Secretary County Surveyor Review Fee (includes review of Amended Plats, Final Plats, Exemption Plats) Mylar Recording Fee Page 2 BASE FEE $400 $325 $675 + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey $200 $100 $300 $400 $525 $450 $300 $500 $500 $500 $450 $250 $250 $400 $400 $400 $50 $50.50 $40.50 $33.75 $30 Determined by Surveyor$ $11-1't page $10 each additional page The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. 9. This fee structure shall be revised annually as part of the County budget hearing process. Page 3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and W<YJDN tJAee./CoNsvlf/",'1' r",c., (hereinafter APPLICANT) agree as follows: I. APPLICANT has submitted to COUNTY an application for Reaves Oeel<. PipeliNe 5 __________________ {hereinafter, THE PROJECT). 2, APPLICANT understands and agrees that Garfield County Resolution No, 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure, 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY :for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT Date: II-JI-()8 PrintNa e 10/2004 Page 4 ) ¢ ~¢ EI'-lERGY TRAN SFER November 24, 2008 Wagon Wheel Consulting, Inc. Attn: Jimmy Smith III E. 3'd St., Suite 213 Rifle, CO 81650 RE: Authorized Agent Jimmy, ETC ('" nyon Pipeline. L.LC 1600 Broadway, Suite 1900 Denver, CO 8020] Offi ce: 72 0-:~2 5 -4000 FAX: 303-861-476 1 This letter serves as authorization for you to act as an authorized agent of ETC Canyon Pipeline, LLC ("ETC") with respect to ETC's project permitting needs with Garfield County, Colorado. Sincerely, Alan McDermott Project Engineer Office: 720-225-4020 Cell: 303-319-0964 Email: Alan.McDermolt@ene rgytransfer.col11