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HomeMy WebLinkAbout2.0 BOCC Staff Report 10.04.2004Exhibits for Public Hearing on Canyon gas Re so urce s, LLC held on October 4, 2004 B Proof of Publication c D Garfield Count Com rehensive Plan of2000 E A lication F Staff Memorandum G H I J Memorandum from the County Road and Bridge Department dated September 26,2004 K Letter from the Town of Parachute dated Se EXHIBIT I~ BOCC 10/04/04 FJ PROJECT INFORMATION AND STAFF COMMENTS REQUEST APPLICANT REPRESENTATIVE LOCATION SITE DATA ACCESS ZONING SURROUNDING ZONING Special Use Permit for "Material Handling" for a 4 .3 mjle long 12-inch natural gas line Canyon Gas Resources, LLC Trigon EPC, LLC Sections 1, 9, 10, 11, and 12 of Towns hlp 7 South and Range 94 West in the Rulison and North Mamm Peak USGS Quadrangles in an area known as Buffalo Basin south of the Colorado River between Rifle and Parachute 4.3 rrules of a 12-inch natural gas line crossing BLM and l private property CR 317 (Beaver Creek Road), CR 329 (Porcupine Creek Road), CR 325 (Spruce Creek Road), and CR 350 ARRD I OS (BLM) ARRD I OS (BLM) I. DESCRIPTION OF THE PROPOSAL The Applicant proposes to construct a 4.3 rrule long 12-inch natural gas pipeline to transport existing and future natural gas produced by Tom Brown, Inc in an area approx.imately 6 rrules southwest of the City of Rifle and approximately 4 miles south of the Colorado River. Approximately 3.5 rrules of the line will cross Bureau of Land Management (BLM) land and the remaining line will cross 0.8 miles (approximately 4,369 linear feet) over one other private property owned by Joan Savage. The right-of-way width for the proposed line over BLM is 50 feet and 30 feet across private property (with a temporary 50-foot wide construction easement). The pipeline will be installed using the standard open cut meth od which includes clearing, grading, trenching, pipe stringing, pipe bending, we lding, joint coating, padding, lowering, backfilling, pneumatic testing, cleanup, and revegetation. Once the lin e ha s been installed, the Applicant proposes to clean the interior of the line by passing poly pigs through the line, then pneumatically testing the line with air. The project construction schedule indicates the project can be completed in 4 to 6 weeks sometime this fall. In general, the proposed site reclamation I revegetation activity shall begin immedi a tely after backfilling the pipeline trench . The right-of-way corridor will be regraded back to the original contours and natural runoff and drainage patterns will be restored . Stockpiled topsoil from the original excavation will be redistributed over the trench as well as over other portions of the right-of-way that have been disturbed and the area will then be reseeded with seed mixes approved by the BLM, private property owner, and the County Vegetation Manager. A portion of the pipeline will either parallel or cross county roads along the route. The Applicant proposed a plan for how those crossings are to work such as depth and location of line which are all reviewed are to be approved by the County Road and Bridge Department. The line will also cross Porcupine Creek, one intermittent tributary to Porcupine Creek and two intermittent tributaries to Spruce Creek. All of these crossings occur on BLM land and are regulated by the US Corps of Engineers. II. BACKGROUND In 1991, the Board approved a Special Use Permit for a 6-inch natural gas pipeline for Northwest Pipeline Company which is memorialized in Resolution 91-101. Canyon Gas Resources, LLC (the Applicant) now owns and controls that gas line and existing easement. This application proposes to locate a new 12-inch natural gas line next to the existing line in that same corridor. III. REFERRALS Staff referred the application out to the following review agencies and or County Departments: a. Garfield County Oil & Gas Auditor: Exhibit G b. Resource Engineering: Exhibit H c. County Vegetation Management Director: Exhibit I d. Garfield County Road & Bridge Department: Exhibit J e. Town of Parachute: Exhibit K f. US Army Corns of Engineers: Verbally indicated that the all necessary Corps pennits have been issued for the project. g. Rifle Fire Protection District: No Comments Received h. City of Rifle: No Comments Received 1. Bureau of Land Management: No Comments Received IV. GARFIELD COUNTY ZONING RESOLUTION As required in the County's Zoning Resolution, special uses shall adequately address the following three review criteria from Section 5.03, 5.03.07 and 5.3.08: Section 5.03 (I) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use; Staff Response The proposed use does not require water or sanitation service. These services will only be needed during the construction of the gas line where work crews will have access to water brought to the work site daily and portable potties will be used for sanitation purposes. 2 (Resource Engineering commented that the Fugitive Dust Control Plan requires the use of water; however, no discussion was provided as to what legal water source was available to the Applicant for this purpose, Exhibit H.) (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; Staff Response The Applicant proposes that access to the proposed pipeline route would be via CR 317 (Beaver Creek Road), CR 325 (Porcupine Creek Road), CR 329 (Spruce Creek Road), and CR 350. New roads would not be constructed and improvements to existing roads would occur within the previously disturbed area. The proposed use of a pipeline will not generate any measurable traffic impacts that will require street improvements. The Applicant states that during pipeline construction, all equipment and vehicular access into the pipeline project will be confined to approved existing roads and the established right-of-way corridor. No major reconstruction or rerouting of these roads is intended or required. All working areas will be confined to the requested right-of-way and temporary work areas depicted on the plans. Roads used for the project would be maintained and/or repaired as necessary to conditions equal to or better than those which existed prior to project-related use. Staff referred the application to the Road and Bridge Department which provided the following comments (Exhibit J): 1) The County will issue utility permits for the trench section and the road crossings that pertain to the portion of the road that is County upon approval of the SUP. These permits contain guidelines specific to the utility permit and location of the installation; 2) Dust control will be required as needed at the discretion of the road foreman on the roads impacted by the equipment used in the construction of the pipeline. Damage to the surface of the roads shall require replacement or reconstruction for that portion of the damaged road; 3) All vehicles used in the construction of the pipeline shall abide by the County's over size I weight permit system and follow approved haul routes to move equipment and materials to the job site. It is recommended that a supervisor with the construction company meet with Garfield County Road and Bridge Department to be advised of these requirements prior to starting the project; 4) Garfield County Road and Bridge Department reserves the right to close roads during inclement weather to prevent damage to the roads and limit periods of construction that fall into the time frame when freezing could occur and compaction could not be achieved; and 5) It is the responsibility of the contractor to find a location outside of the established ROW to discard oversize excavation material (such as rock over JO-inch diameter). Permission 3 will be required to dump on private land and proof of permission should be submitted to the County Building and Planning or Road and Bridge Department. Resource Engineering reviewed the proposal stating "the existing county and state roads in addition to the right-of-way are adequate for safe and convenient access for the project. The temporary construction traffic does not require any road improvements from a traffic volume perspective." The County Oil & Gas Auditor reviewed the proposal and recommended that CR 320 (Rifle I Rulison Road) also be identified in the list of roads to be used to access the corridor during construction of the pipeline. In addition, it is assumed that the Road and Bridge Department will require all large truck access for the project to be via CR 320 from Rulison and not Rifle. This is due to several tight turns and steep grades that are too difficult for large trucks hauling equipment and materials coming from Rifle. Based on the forgoing, it appears that any impacts to the county road system can be mitigated so long as the Applicant commits to adhering to the comments listed above. (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; Staff Response The Applicant indicates that "installation of screen fences or landscape materials will not be installed on the periphery of the project. The project will not result in a loss of neighborhood character. The project is located within an existing gathering system that includes pipelines, well pads, and related above-ground appurtenances." The Applicant proposes to reuse an existing pipeline corridor. The reuse of an existing right-of-way is preferred to cutting a new corridor altogether. Once the pipeline has been installed, the Applicant commits to significant revegetation measures to minimize the visual impact of the line installation. Section 5.03.07 Industrial Operation Industrial Operations, including [but not limited to] extraction, processing, fabrication, industrial support facilities, mineral waste disposal, storage, sanitary landfill, salvage yard, access routes and utility lines, shall be permitted, provided: 1) The applicant for a permit for industrial operations shall prepare and submit to the Planning Director ten (10) copies of an impact statement on the proposed use describing its location, scope, design and construction schedule, including an explanation of its operational characteristics. One (1) copy of the impact statement shall be filed with the County Commissioners by the Planning Director. The impact statement shall address the following: a) Existing lawful use of water through depletion or pollution of surface run-off, stream flow or ground water; 4 Staff Finding The Applicant states that no water depletion will occur as a result of the project. The submittal states that dewatering, if any, will occur in accordance with the Colorado Dewatering Industrial Wastewater Permit which includes measures to control to control how and where dewatering occurs. The Stormwater Pollution Prevention Plan includes measures regarding the control of stormwater, erosion, and sediment pollution to avoid or reduce the impact of soil erosion, sedimentation, and stormwater pollution on or adjacent to the proposed project right-of-way. The Applicant also commits to complying with any conditions associated with the Colorado General Construction Stormwater Permit. b) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations; Staff Finding The use of the pipeline itself will not generate any vapor, dust, smoke, noise, glare or vibration. During construction and installation of the line, noise levels will increase as a result of heavy equipment during daylight hours but will cease once construction is complete. There will be some fugitive dust during construction but will be mitigated through the Fugitive Dust Control (Dust) Plan and any conditions attached to the Colorado Air Emission Permit. No burning or open fires will be allowed during construction of the project. The Applicant submitted a Fire Prevention and Suppression (Fire) Plan to be implemented to minimize the risk of fire danger and, in case of fire, provide for immediate suppression. The Applicant has included the Fire Control Plan and Dust Control Plan in the Plan of Development as appendices D and G respectively. c) Impacts on wildlife and domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions; Staff Finding The project includes cutting, clearing, and/or removal of existing vegetation and the resulting loss of cover, nesting, and forage for the 50 foot right-of-way. This impact appears to be less significant due to the fact that this is an existing pipeline corridor that is in the process of revegetation rather than clearing away more mature I virgin native vegetation. The Applicant commits to revegetate the right-of-way so that vegetative cover, nesting, and forage will return to pre-construction levels. The pipeline, since it is buried, will not result in the creation of hazardous attractions, blockade of migration routes or use patterns. d) Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County; Staff Finding While traffic will increase on CR 317, CR 325, CR 329, and CR 350 during construction of the line, it will cease once the project is complete and the line has been installed. The Applicant states that the "construction of the project will not result in substantial impacts from traffic to and from the site and that the County roads will be maintained and repaired as necessary and that fugitive dust will be controlled as indicated in the Dust Control Plan. 5 As mentioned above, the County Road and Bridge Department provided the following comments regarding use of the County Road system for this project: 1) The County will issue utility permits for the trench section and the road crossings that pertain to the portion of the road that is County upon approval of the SUP. These permits contain guidelines specific to the utility permit and location of the installation; 2) Dust control will be required as needed at the discretion of the road foreman on the roads impacted by the equipment used in the construction of the pipeline. Damage to the surface of the roads shall require replacement or reconstruction for that portion of the damaged road; 3) All vehicles used in the construction of the pipeline shall abide by the County's over size I weight permit system and follow approved haul routes to move equipment and materials to the job site. It is recommended that a supervisor with the construction company meet with Garfield County Road and Bridge Department to be advised of these requirements prior to starting the project; 4) Garfield County Road and Bridge Department reserves the right to close roads during inclement weather to prevent damage to the roads and limit periods of construction that fall into the time frame when freezing could occur and compaction could not be achieved; and 5) It is the responsibility of the contractor to find a location outside of the established ROW to discard oversize excavation material (such as rock over JO-inch diameter). Permission will be required to dump on private land and proof of permission should be submitted to the County Building and Planning or Road and Bridge Department. e) That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use(s); Staff Finding The Application states that the pipeline, once installed, will not damage abutting property. Further, the project is located within an existing gathering field and pipelines, well pads, and aboveground appurtenances are already located within and adjacent to the project area. 2) Permits may be granted for those uses with provisions that provide adequate mitigation for the following: a) A plan for site rehabilitation must be approved by the County Commissioners before a permit for conditional or special use will be issued; b) The County Commissioners may require security before a permit for special or conditional use is issued, if required. The applicant shall furnish evidence of a bank commitment of credit, bond, certified check or other security deemed acceptable by the County Commissioners in the amount calculated by the County Commissioners to secure the execution of the site rehabilitation plan in workmanlike manner and in accordance with the specifications and construction schedule established or approved 6 by the County Commissioners. Such commitments, bonds or check shall be payable to and held by the County Commissioners; c) Impacts set forth in the impact statement and compliance with the standards contained in Section 5.03.08 of this Resolution. Staff Finding The application proposes a variety of site rehabilitation measures for the pipeline corridor once construction has been completed. These measures include plans for post construction cleanup as well as a plan for regrading the disturbed right-of-way followed by an extensive revegetation plan. Specifics of these plans include I) Permanent waterbars will be installed according to the guidelines m the Stormwater Pollution Prevention Plan, which is included in the POD; 2) Vegetation removed during clearing operations will be removed and rocks will be removed from the right-of-way to approximate pre-construction conditions. Vegetation and excess rock will be disposed of at a location determined by the landowner; and 3) All existing improvements, such as fences, gates, irrigation ditches, and cattle guards, will be maintained and repaired by the Contractor to at least pre-construction condition and to the satisfaction of the landowner to minimize disturbance to the public. Revegetation The Applicant provided the following plans for revegetation of the right-of-way: I) Every attempt will be made to seed disturbed areas within 24 hours of completing topsoil replacement and installation of permanent soil erosion and sediment control measures. If an area is not seeded within 24 hours of topsoil replacement, the seed will need to be incorporated into the soil. 2) All disturbed areas will be reseeded with the appropriate seed mix and rates by vegetation type as determined by the BLM. Seed mixes will be purchased from commercial seed vendors and must be state-certified weed-free mixtures. Seed bag tags will be collected and submitted to the BLM to confirm that the seed was purchased from a commercial seed vendor and was tested and certified. Seeding rate will be listed as pounds per acre of pure live seed (PLS). The ELM-approved seed mixes for this project are listed in the stipulations attached to the Right-of-Way Grant. 3) Seed will be placed in direct contact with the soil at an average depth of 0.5-inches, covered with soil, and firmed to eliminate air pockets around the seeds. Seed will be applied using a rangeland seed drill with a seed release and agitation mechanism sufficient to allow seeds of various sizes and densities to be planted at the proper seeding depth. Broadcast seeding will be employed only in areas where drill seeding is unsafe or physically impossible. Broadcast application rates will be twice that of drill rates. Immediately after broadcasting, the seed will be uniformly raked, chained, or dragged to incorporate seed to a sufficient seeding depth. If the area is seeded prior to a soil crust forming (within 24 hours of topsoil replacement), harrowing or raking may not be 7 necessary. Fall seeding would be completed after September l and prior to prolonged ground frost. If necessary, spring seeding will be completed when the ground thaws and prior to May 15. 4) The Applicant states that they will comply with any financial requirements set by the Garfield County Commissioners . The County Vegetation Manager reviewed the proposal and provided the following comments on the revegetation plan and commitment to security: 1) The Re vegetation Plan is acceptable however a seed mix needs to be provided. The / applicant states that the BLM has approved seed mixes for this project, please forward a copy to our office; 2) The Applicant shall post a revegetation security for the p01tion of the pipeline that is not on Bureau of Land Management prope1ty. Based on information provided by the applicant, 4.73 acres of private land wi ll be disturbed . Based on a figure of $1,000 per acre for reclamation, the 4.73 acres of disturbance will total $4,730 recommendation is that the County request a revegetation security in the amount f $4730 This may be in the form of a letter of credit, if deemed appropriate by the County ttorney' s Office, or the funds by may deposited with the County Treasurer. The security shall be held by Garfield County until vegetation has been successfully reestablished according t o the Reclamation Standards in the Garfield County Weed Management Plan; 3) Any straw bales that are used as sediment barriers need to b @ fied as weed-flii?and 4) It is requested that the applicant respond to any complaints by landowners either private or public, regarding pipeline noxious weeds in a timely manner. Weed problems on pipelines tend to occur after there is maintenance activity on a section of pipeline and the ground has been disturbed. Penstemon Harringtonii This plant, while not a threatened, e nd angered, or sensitive species, is a BLM-sensitive species and state rare species and can be found in e leven locations along the entire pipeline corridor as is discussed in the Environmental Assessment conducted for the corridor. The Applicant originally proposed a temporary work area on the private portion of the corridor where this plant was found. The proposed mitigation was to eliminate a proposed temporary use area (TUA) which would have affected a portion of the plant population in the corridor (avoidance where feasible), and the BLM al so identified the source populations adjacent to the right-of-way. By e limin ating the TUA, the impact to the plant was reduced from approximately 12 % to 10% of the plant in the entire corridor. Section 5.03.08 Industrial Performance Standards All industrial operations in the County shall comply with applicable County, State, and Federal regulations regulating water, air and noise pollution and shall not be conducted in a m anner constituting a public nuisance or hazard. Operations shall be conducted in such a manner as to minimize heat, dust, smoke, vibration, gl are and odor and all other undesirable e nvi ronmental 8 / / effects beyond the boundaries of the property in which such uses are located, in accord with the following standards: I) Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. 2) Vibration generated: every use shall be so operated 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; 3) Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards; 4) Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision; Staff Finding The pipeline itself will not result in the production of vapor, heat, glare, radiation or vibration. During construction, the will be an increase in noise levels due to operation of heavy equipment during daylight hours which will cease after construction is complete. The Applicant commits that all volume of sound generated from this project will comply with the standards set forth in the Colorado Revised Statutes at all times. Dust will be generated during the construction portion of the project but will be minimized by the proposed Fugitive Dust Control (Dust) Plan as well as by conditions attached to the Colorado Air Emission Permit. The application also states that no burning or open fires will be allowed during construction of the project. Further, the applicant's Fire Prevention and Suppression (Fire) Plan will be implemented to minimize the risk of fire danger and, in case of fire, provide for immediate suppression. 5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas: a) Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state and local fire codes and written recommendations/comments from the appropriate local protection district regarding compliance with the appropriate codes; b) At the discretion of the County Commissioners, all outdoor storage facilities may be required to be enclosed by fence, landscaping or wall adequate to conceal such facilities from adjacent property; c) No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces; d) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the following standards: i. The minimum lot size is five (5) acres and is not a platted subdivision. ii. The equipment storage area is not placed any closer than 300 ft. from any existing residential dwelling. iii. All e9uipment storage will be enclosed in an area with screening at least eight (8) feet m height and obscured from view at the same elevation or lower. Screening 9 may include berming, landscaping, sight obscuring fencing or a combination of any of these methods. iv. Any repair and maintenance activity requiring the use of equiement that will generate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of 8 a.m. to 6 p.m., Mon.-Fri. v. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. e) Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. f) Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. Staff Finding The proposal does not include the permanent storage of any materials or equipment on any part of the pipeline right-of-way. The proposal specifies several "temporary use areas" (TUA) along the corridor for temporary staging areas during the construction of the pipeline. There are two TUA on the portion of the pipeline that crosses private property owned by Joan Savage. Both TUAs are located on existing well pads. The application contains specific language regarding equipment storage: Equipment will not be transported to the site until construction activities begin. Equipment may be temporarily placed in a temporary use area until needed for construction activities, but will not be stored long-term. There are four temporary use areas associated with the project; two are located on ELM-administered lands and two are existing well pads located on fee-lands. The temporary use areas range from 0.23 to 1.37 acres, are not located within 300 feet of any residential dwelling and are not platted subdivisions. Screening will not be installed because these areas are temporary use areas and not long-term equipment storage yards. Equipment will be maintained during daylight hours and will not require lighting. Equipment will be on-loaded and off-loaded inside the temporary use area and will not occur on public road right-of-ways. Because the construction of the project requires the use of certain potentially hazardous materials such as gasoline, diesel fuel, lubricating oils, hydraulic fluids, paints, and solvents, the applicant states that these materials will be stored in the construction storage yard and not on the right-of-way. The Applicant submitted a Spill Prevention, Containment and Countermeasure Plan that addresses the transportation, storage, inventory and disposal of all hazardous materials. 6) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facilities may begin. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin. Staff Finding It appears that the applicant has submitted certain plans (Spill Prevention, Containment and Countermeasure Plan) that are specifically intended to protect any potential impacts to groundwater. The Applicant is required to construct and operate the use within the parameters set out in the Colorado General Construction Stormwater Permit, the Colorado Dewatering Industrial Wastewater Discharge Permit, and the Army Corps of Engineers Nationwide 10 Permit No. 12. The Applicant submitted a Stormwater Pollution Prevention Plan which contains very specific measures using best management practices that are intended to reduce I eliminate the risk of stormwater, erosion, and sediment pollution. Additional Permits The County recently changed its requirements so that the various local, state, and federal permitting processes can occur at the same time rather than requiring that they all be delivered to the County "in-hand" as part of our review for our Special Use Permit. As a result, note that the following additional permits required for the project have been awarded and have been submitted to Staff. 1) Colorado Department of Public Health and Environment a. Colorado General Construction Stormwater Permit b. Colorado Construction Dewatering Permit c. Colorado Air Emissions Permit d. Environmental Assessment 2) Bureau of Land Management a. Right-of-Way Grant with Stipulations and Notice to Proceed 3) Surface Use Agreement a. Agreement providing permission to cross private property 4) U.S. Army Corns of Engineers: Nationwide Permit 12 The Applicant remains obligated to obtain and provide this office with copies of the following permits for the project: 5) City of Rifle a. Watershed District Permit 6) Garfield County Road and Bridge Department a. Road Crossing Permits V. SUGGESTED 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 and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the proposed special use permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 11 4. That the application is in conformance with Section 5.03, 5.0307, and 5 .03.08 of the Garfield County Zoning Resolution of 1978, as amended. VI. RECOMMENDATION Staff recommends the Board of County Commissioners approve the Applicant's request for a Special Use Permit for "material handling" for a 12-inch natural gas pipeline with the following conditions: 1. That all representations made by the Applicant in the application and as testimony in the public hearing before the Board of County Commissioners shall be considered conditions of approval, unless specifically altered by the Board of County Commissioners. 2. The Applicant shall ensure that copies of the following plans are kept at the work site during the entire construction of the pipeline: a. Spill Prevention, Containment and Countermeasure Plan; b. Fugitive Dust Control Plan; and c. Fire Prevention and Suppression Plan 3 . The Applicant shall comply with the following conditions asserted by the County Road and Bridge Department: a. The County will issue !ilility permits for the trench section and the road crossing§.that pertain to the portion of the road that is County upon approval of the SUP. These permits contain guidelines specific to the utility permit and location of the installation; b. Dust control shall be required as needed at the discretion of the road foreman on the roads impacted by the equipment used in the construction of the pipeline. Damage to the surface of the roads shall require replacement or reconstruction for that portion of the damaged road; c. All vehicles used in the construction of the pipeline shall abide by the County's over size I wei ght permit systel!! and follow approved haul routes to move equipment and materials to the job site . Prior to the commencement of the project, a supervisor with the construction company for the project shall meet with Garfield County Road and Bridge Department to be advised of these requirements prior to starting the project; d. Garfield County Road and Bridge Department reserves the ri ght to close roads during inclement weather to prevent damage to the rOii'ds and limit periods of construction that fall into the time frame when freezing could occur and compaction could not be achieved; and e. It is the responsibility of the contractor to find a location outside of the established ROW to discard oversize excavation material (such as rock over 10-inch diameter). Permission will be required to dump on private land and proof of permission should be submitted to the County Building and Planning or Road and Bridge Department. 12 4 . Because weed problems on pipelines and their revegetated corridors tend to occur after there is maintenance activity on a section of pipeline and the ground has been di s turbed , the Applicant shall res p ond to any comp laints b y landowners either private or public, regarding nox ious weeds in a timely manner. 5. Prior to the issuance of a Special Use Permit, the Applicant shall s ubmit a copy of the £!"Oposed seed mix that is accepta~le to the County Vegetation Manager to be included in the revegetation plan. -~ ~ )( ~ • 6. Prior to the issuance of the Speci/use Permit, the Applicant shall post a revegetation ,fil:Curit ¥ for the portion of the pipeline on priva te property (4.73 acres) in the amount of $4,730.00. This may be in the f?.rm o ~etter of credit, if deemed a ppropri ate by the County Attorney's Office, or the fund 5l,by may eposited with the County Treasurer. The security s hall be held by Garfield County u ii vegetation has been successfully rees tablished according to the Reclamation Standards in the Garfield County Weed Man ageme nt Plan. 7. Regarding stormwater, erosion and sed iment control measures, the Applicant shall only use g raw bales as sediment barriers so long as they are certified as weed-free. 8. Prior to the issuance of a Special Use Permit, the Applicant shall submit the following approved permits to the County Building and Planning Department: a. City of Rifle: Watershed District Permit ,,... b . Garfield County Road and Bridge Department: Road Crossing Permit ,- 9. The Applicant shall comply with the foJlowing Industrial Performance Standards in Section 5.03.08 of the Garfield County Zoning Resolution of 1978, as amended including: a. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes; b. Vibration generated: every u se shall be so operated 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; c . Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards; and d. Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nui sance or hazard. Flaring of gases, a ircraft w arning signals, reflective painting of s torage ta nks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from thi s provision. 13 10. As a result of potential vehicle I traffic conflicts associated with large truck traffic heading westbound on CR 320 from Rifle to the project area, the Applicant shall provide the Building and Planning Staff with a "road roster" that identifies roads and haul routes to be used for the project that are acceptable to the County Road and Bridge Department. //. 14 n I L' I EXHIBIT Fred Jarman ~ From: Doug Dennison Sent: Friday, September 24, 2004 3:56 PM To: Fred Jarman Subject: Canyon Gas Resources SUP Application Fred, I have reviewed the Special Use Permit Application for Canyon Gas Resources Porcupine Loop Pipeline Project and found the application to be very complete. The only comment I have is that in Sections 2.2 and 3.4 of SUP narrative and Section 3.1 of the Plan of Development I re co mmend that CR 320 also be identified in the list of roads to be used to access th e site of construction for this project. I also assume that the Road and Bridge Department will require all truck access for this project to be via CR 320 from Rulison and not from Rifle . If you have any questions , please let me know. Doug Dennison Garfield County Oil & Gas Auditor mailto:ddennison@garfield-county .com (970) 625-5691 cell (970) 309-5441 fa x (970) 625-0908 9125 12004 ...... ..... -. ••••• ••••• ••••• RES CJ URCE ENGINEERING I NC . Fred Jarman Garfield County Building and Planning Department 108 Eighth Street, Suite 201 Glenwood Springs CO 81601 EXHIBIT REC I !J. SEP _.._a_ __ _ GARF IELD COUf\JlY 6Ull.QIN{3 & PLA NNI NG. September 21, 2004 RE: Special Use Permit Application -Canyon Gas Resources, LLC Pipeline Project Dear Fred: At the request of Garfield County, Resource Engineering, Inc. {RESOURCE) has reviewed the Special Use Permit application from Canyon Gas Resources, LLC for construction of a natural gas pipeline and related facilities known as the Porcupine Loop Pipeline Project. The submittal included a 3 ring binder entitled, Porcupine Loop Pipeline Project Plan of Development prepared by Trigon EPC, dated July 2004. Our comments are outlined below. SUMMARY The proposed Special Use Permit application appears to meet the technical criteria for the special use requirements in Section 5.03 (except for provision of water for dust suppression), the specific requirements in Section 5.03.07, and the standards in Section 5.03 .08 of the Garfield County Zoning Regulations . The requirements of each section are more specifically discussed below. SPECIAL USE GENERAL REQUIREMENTS The general requirements for any special use include providing any adequate water and wastewate r service and adequate road improvements and/or access for the proposed use. The proposed special use does not require potable water or wastewater services. However, the pipeline project will likely require water for dust suppression. Canyon Gas Resources does not indicate its legal and physical source of water for dust supression . The existing county and state roads in addition to the actual pipeline right of way are adequate for safe and convenient access for the project. The temporary construction traffic does not require any road improvements from a traffic volume perspective. However, we defer to COOT and the Road and Bridge Department for any specific impact issues related to the temporary construction traffic. The application indicates that Canyon Gas Reservoir will construct any necessary road improvement and will maintain/repair all road to a condition equal to or better than the pre-construction conditions. INDUSTRIAL OPERATIONS REQUIREMENTS Section 5 .03.07 of the County Zoning Regulations outlines additional specific criteria for industrial operations. These criteria require that the applicant prepare and submit an impact statement of the proposed use. The application presents a plan of development which addresses impacts and mitigation measures for environmental compliance , solid waste management, fire prevention and suppression, storm water management, Consulting Engineers and H ydrologists 909 Colorado Avenue • G l enwood Springs, CO 81 601 • (970) 945-6777 • Fax (970) 945-11 37 ... ' ,. . Fred Jarman Page2 ) ., September 21, 2004 drainage crossings and wetland protection, hydrostatic testing, revegetation, hazardous materials management/spill prevention, safety plan, dust control, and engineering design and standards. In addition, as part of the BLM permitting process, a complete federal NEPA environmental assessment was conducted for the entire project, including activities on non-federal land. The application material indicates general conformance with the performance standards in Section 5.03.08. Canyon Gas Resources has obtained or is in the application process on all identified municipal, county, state and federal permits, except the City of Rifle Watershed District Permit. It is our understanding that the applicant has contacted the City of Rifle regarding the watershed ordinance and will be submitting an application in the near future. Please call if you have any questions or need additional information . Sincerely, MJE/mmm 885-25.0 E:\Client\885\fj canyon gas pipeline 885 .doc 55555 R E SOURCE ••••• •••••ENG I NE ERING INC . EXHIBIT l ::t- MEMORANDUM To: Fred Jarman From: Steve Anthony Re: Comments on the Canyon Gas Resources SUP Date: September 22, 2004 T ha nks for the o pp ortunity to comment on thi s pem1it. My comm ents are as foll ows: 1. Noxious Weeds A. It is requested tha t the appl icant respo nd to a ny compla int s by la ndowners e ithe r pri vate or public , rega rding pipe line noxio us weeds in a time ly manne r. Weed probl ems on p ipe lines te nd to occur a fter there is ma inte na nce ac ti vity on a secti on of pipe line and th e ground h as been d is turbed . 2. Revegetation A. Revegetatio n Security-It is th e rec ommend at ion of this department th a t the a pplicant post a re veg etati on security for th e parts of the pipeline that is not on Burea u of Land Ma na gem ent prop erty. Based on infomrntion provided by the applicant, 4 .73 acres of private la nd will be di sturbed . Based on a fi g ure o f $1000 per ac re fo r r ecla mati on, the 4 . 73 acres of dis turbance will total $47 30. My recommendation is that the County request a revegetation security in the amount of $4730. Thi s may be in th e fom1 o f a letter of cr edit, if dee m ed a ppropria te by the Co unty Att orn ey's O ffice, or th e fun ds by m ay de posited with th e County Treasure r. T he securi ty s ha ll be he ld by G arfield Count y until vegeta ti on has been successfull y ree stablishe d according to the Reclamati on Standards in the G arfield County Weed Manage m ent P la n. The R evegeta tio n Plan is accepta bl e however a seed mix needs to be provided. The applicant sta tes that th e BLM has approved seed mixes for thi s proj ec t, please forward a copy to o ur office. B. Sedim ent Barrier s Any straw bales that are used a s s edime nt ba rri e rs n eed to be certified as weed-free. GARFIELD COUNTY Building & Planning Department Review Agency Form Date Sent: August 26, 2004 Comments Due: September 17, 2004 Name of appli cation: Canyon Gas Resources, LLC Sent to: Garfield County Road and Bridge Dept. EXHIBIT J Garfield Co unty requests your comment in review of this project. Please noti fy the Planning Department in the event you are unable to respond by th e deadlin e. This form may b e used for your response, or you may attach your own additional sheets as necessary . W1itten comments may be mailed, e-mailed, or faxed to : Garfield County Building & Planning Staff contact: Fred J arman 109 81h Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Ga rfield Co unty Road and Bridge Department will i ss ue utility pe1m its for the trench section and the road crossings that pertain to the portion of the road that i s County upon approva l of the special use permit by the BOCC. Permits will have guidelines specific to the utility pennit and location of the installation. Dust control will be required as needed at the discretion of the Road Forman on the roads impacted by the equipment used in the construction of the pipeline. Damage to the surface of the roads us ed shall require r eplaceme nt or reconstruction of the portion of damage road. All vehicles used in the construction of the pipeline shall abide by Garfield County's oversi ze/overweight permit system and follow approved haul routes to move equipment and m aterials to the job site. It would be recommended that a supervisor with the construction company meet w ith Garfield County Road and Bridge Department to be advised of these requirem ents prior to starting the project. Garfield Co unty Road and Bridge Department reserves the right to close roads du1ing inclement weather to prevent damage to the roads and to limit period s of construction that fall into the time frame when freez ing could occur and compaction could not be achieved. It is the respon sibility of the contractor to find a lo catio n outside of established ROW to discard oversize excavated material (rocks over 10-inches in diameter). Permi ss ion will be required to dump on private land and proof of p erm is s ion should be submitted to Planning and Zoning or Garfield Co unty Road and Bridge Dep artm ent. Name of re view agency: Garfield Co unty Road and Bridge Dept By: Jake B. M all Date: September l , 2004 Revised 3/30/00 TOWN OF PARACHUTE PO Box 100 222 Grand Valley Way Parachute, CO 81635 Telephone: (970) 285-7630 Facsiniile: (970)285-9146 September 13, 2004 Garfield County Building and Planning Department 108 811i St. Suite 201 Glenwood Springs, CO 81601 Re: Porcupine Loop Pipeline Project EXHIBIT Planning & Building Technician Aaron Kuhns Thi s letter is intended to inform the Garfield County Planning Department of comments made by the Town of Parachute Board of Trustees during their regularly scheduled meeting held September 9th 2004. During this meeting the Planning Depa11ment asked for a response from the Board with regards to Canyon Gas LLC request for a Special Use Permit from Garfield County, the response was as follows. "Thank you for se nding the information needed for review of this application, at thi s time we have no concerns or comments for the above mentioned Porcupine Loop Pipeline Project." As always if you have any questions or concerns please contact me at the numbe r above. Sincerely, ·-Aa_ru \/\ ~ l--~ ~ s Aaron Kuhns MEMORANDUM To: Fred Jarman From: Steve Anthony Re: Harrington's Penstemon and the Canyon Gas Porcupine Loop Project Date: September 30, 2004 The rare plant, Harrington p enstemo n or beardtongue, Penstemon harringtonii, has been ide ntified as beirig pres ent within the proj ect area. This plant is ranked globally as a 03 and statewide as an S3 by the Colorado Natural Heritage Program (CNHP). This means that the plant, according to CNHP is "vulnerable through its range or found focally in a restricted range (21 to 100 occurrences). This plant is found exclusively in Colorado and is known to be only in less than 100 locations centered around Edwards in Eagle County. The locations of this plant found in the project area may be at the western end of its range in Colorado, so it is significant. The mitigation measu res proposed by the applicant seem adequate on paper; however my concern is how these meas ures will be conveyed to field personnel. The seed mix included in the BLM ROW Grant is a native plant mix that will allow for the reestablishment of Penstemon harringtonii. . Again the concern is that the seed mix that is proposed on paper{and appiove_d by the BLM and Garfield County) be the seed mix that is used for this project. A standard "dry pasture" mix containing non-native grasses such as smooth brome and introduced forbs such as yellow sweet clover would be overly aggressive and not allow for the reestablishment of the penstemon. Unfortunately, all too often, the seed mixes proposed in permits are not used. The areas of concern regarding rare plant protection and using the appropriate seed mix could be alleviated to a degree if this project, and other similar projects, employed a plant ecologist to shepherd, monitor, and verify these aspects of the activity.