HomeMy WebLinkAbout3.0 BOCC Staff Report 09.08.2003BOARD: 9/8/03
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PROJECT INFORMATION AND STAFF COMMENTS
REQUEST:
APPLICANT:
REPRESENTATIVE:
LOCATION:
I. ISSUE
Canyon Gas Resources, Inc. Special Use Permit for
the installation of! ow pressure 8" natural gas
gathering pipeline that will collect natural gas from
many wells in the Parachute area and transport the
gas to a processing facility.
Canyon Gas Resources, Inc.
Rob Thompson of Trigon Sheehan Engineers and
Constructors
The gathering line will cross portions of Section I 0,
II, 12, 14, 15, 16, 20, 21, 29,30 and 31 in
Township 6 South, Range 95 West south ofl-70 in
the Parachute area.
Canyon Gas Resources, Inc. submitted a Special Use Permit request for the installation of an 8"
natural gas gathering line that will collect natural gas from natural gas wells in the Parachute area
and transport the gas to a processing facility. The length of the gathering line will be
approximately 41,800 feet or 8 miles, and will encompass approximately 48 acres.
Construction is anticipated to begin October I, 2003, and be completed December 1, 2003. The
Applicant noted that there are 5 major stages of the operation which include 1) clearing and
leveling; 2) trenching; 3) laying of pipe; 4) backfilling; and 5) reclamation.
The Applicant is requesting that this item be expedited due to the aggressive time-frame outlined
above.
Pursuant to Section 9.03.04 of the Zoning Resolution, the Board of County Commissioners may
either consider a Special Use Permit at a regularly scheduled public hearing, or refer the Special
Use Permit request to the Planning Commissioner for review and recommendations prior to the
Board's consideration of the application.
Section 9.03.04 of the Zoning Resolution reads as follows:
Action bv the County Commissioners: An application for a Special Use Permit shall be
approved or denied by the County Commissioners after holding a public hearing thereon
in conformance with all provisions of this Resolution. Such hearing shall be held no later
Canyon Gas Resources, Inc.
Special Use Permit
Board: 9/8/03
Page2
than sixty (60) days following the receipt of the Special Use Permit application from the
Planning Director as set forth in 9. 03. 03; or provided, however, that if they deem it
appropriate, the County Commissioners may refer a request for a Special Use Permit to
the County Planning Commission for its review and recommendation, in which case said
public hearing must be held within one hundred twenty (I 20) days of the receipt of the
application. Any consideration of the Special Use Permit by the Planning Commission
shall be undertaken at a public hearing for which the same notification has been given as
that required for a hearing before the Board of County Commissioners. The applicant
shall be solely responsible for the publication, posting, and mailing of all notices and
shall present proof of publication and mailing at or before the hearing. Notice for the
hearing shall be given as follows: (2001-88)
II. ACTION
The Board of County Commissioners shall either MOVE to:
I. Direct Staff to schedule the Special Use Permit request for a public hearing to be
considered by the Board, in accordance with the public notice process; or
2. Direct Staff to schedule the Special Use Permit request for a public hearing before the
Garfield County Planning Commission, pursuant to section 9.03.04 of the Zoning
Resolution, prior to the Board's consideration of the request.
REQUEST:
APPLICANT I OWNERS:
REPRESENTATIVE:
LOCATION:
SITE DATA:
ACCESS:
ZONING:
SURROUNDING USE:
I. SUMMARY OF REQUEST
BOCC: 10113103
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The Applicant is applying for a Special Use Permit for
an 8" low pressure gathering line that will transport
natural gas to a processing facility.
Joseph and Marian Clem and John and Barbara Clem;
Battlement Mesa Partners; Alberta and Rand Payton and
Ann Williams; Anny Corps of Engineers; George and
Sharon Gardner; Tom Brown, Inc.
Canyon Gas Resources, Inc.
The gathering line route will cross portions of Section
te, 11, 12, 14, 15, 16, 20, 21, 29, 30, & 31 in Township
=1-k South, Range 95 West. Only three segments of the
gathering line cross BLM property in Sections 9, 12, 16,
21, 29, 30, and 31.
This gathering line is the 2nd Phase, referred to as
Bentley Phase II, of the Canyon Gas Resource, Inc.
gathering line. The gathering line will cross private
land and some BLM land crossing.
County Road 302 crossing
AIR!RD (Agricultural I Residential I Rural Density) and
OIS (Open Space)
Rural agricultural use, developing gas drilling sites.
Canyon Gas Resources, Inc. has applied for a Special Use Permit to install a low pressure 8"
natural gas gathering pipeline that will collect natural gas from many natural gas wells in the
Parachute area and transport the gas to a processing facility, the West Rifle Compressor Station.
The gathering line will be approximately 41,800 feet or 8 miles, and will encompass
approximately 48 acres. There will be a 8" pig launcher at the southern most end of the pipeline;
a 4" valve set, for future well connects, in the NE4 of Section 36, T7S, R96W; a4" valve set, for
future well connects, in the SW4 of Section 21, T7S, R95W; a 4" valve set, for future well
connects, in the NW4 of Section 14, T7S, R95W; and an 8" pig receiver at the northern most end
of the pipeline, NW4 of Section 14, T7S, R95W. R95W.
II. PROJECT DESCRIPTION
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Special Use Permit
BOCC: 10/13/03
Page2
The pipeline will cross both public and private lands. That portion of the corridor crossing
Bureau of Land Management (BLM) land is the subject of an Environmental Assessment
conducted by the BLM. A right-of-way permit was recently granted by the BLM, Serial No.
COC-66335 (see Exhibit L).
The Applicant has negotiated easements with all private land owners that the gathering line will
traverse. These easements are included in the application. The Applicant provided a copy of the
"Construction Considerations I Requirement" list which was attached to each easement
agreement with the private landowners.
The installation of the gathering line typically involves the blading the ditchline to clear the area
of vegetation and prepare a level working surface. Soil will be removed and stockpiked and/or
windrowed on the working side of the ditch. Any existing topsoil, up to 12 inches, will be
segregated for use in final reclamation. Once the right-of-way has been prepared, trenching
operations will begin. The ditch will be excavated using backhoes or clamshell buckets in areas
where loose or unconsolidated rock is encountered. Hand digging will be employed when
exposing existing utilities within 30 inches of another utility.
Gathering line construction equipment for this project will include the following: 10 -% ton
trucks, 3 -truck mounted welding rigs, 2-track hoes, 2-side-booms, 1 -bending machine, 1 -
ditching machine, 1 -water tank, and 1 -dozer. The Applicant noted that the following above
ground structures are anticipated as part ofthe gathering line project: no above ground
buildings, 4 valve risers, 1 pig launcher, and 1 pig receiver.
Construction dates are scheduled for October 1, 2003, to December 1, 2003. It is clear stated in
the BLM right-of-way grant, #14 under Special Stipulations that "No construction shall occur
from the period of December 1 to April 30 to protect wintering big game. " In addition, in the
"Wildlife and Habitat Mitigation Plan" submitted with the application, it states that the GSRA
Plan Amendment affected by the ROD for Oil and Gas Leasing and Development (March 1999)
provides for Timing Limitation Stipulations to apply to any activities within big game winter
habitat and that construction of the gathering line shall be prevented in winter habitat areas from
December 1 to April 30, with one exception, which is addressed further in this memorandum.
The Applicant noted that staging areas will be included in the proposed right-of-way areas and/or
existing well locations. The Applicant did not provide the exact locations for these staging areas
and what kind of disturbance or reclamation will take place. The Applicant did not indicate the
number of anticipated crew members for this project. Also, the Applicant did not indicated
whether employees will be transported to the staging areas in company vehicles or whether all
crew members will park their personal vehicles at the staging areas. Portable water will be
provided to the crew and port-o-potties will be provided.
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-::anyon Gas Resources, Inc.
Special Use Permit
BOCC: 10/13/03
Page 3
The Applicant noted that the hours of operation for the construction of the gathering line will be
from 7:00am to 6:00pm, Monday through Saturday. The hours of operation may vary
depending on available natural light.
The Applicant noted that no water will be used for the project with the exception of the water
!tuck which will be used for fire protection. It was stated in the Stormwater Pollution Prevention
Plan that water will be used to control airborne dust along constmction rights-of-way and on
unpaved haul roads and other graded traffic routes. In addition, water will be used on the topsoil
and spoil storage piles to minimize the effects of wind erosion and to reduce fugitive dust. Prior
to the issuance of the actual Special Use Permit, the Applicant shall provide written
documentation with respect to the actual use of water and where this water will be obtained.
The Applicant noted that vehicular traffic will be along county roads, existing landowner roads
and the rights-of-way that have been obtained. Reclamation of the constmction area will be per
each landowner requirement and will include re-contouring the surface and re-seeding. Any
temporary storage of equipment will only be in the obtained rights-of-way or temporary use
areas granted by each landowner.
III. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The Garfield County Comprehensive Plan of 2000 addresses natural resource extraction issues in
Section III, "Goals, Objectives, Policies and Programs." Natural Resource Extraction is covered
in Section 9. A context for Section 9 is provided as a general Goal and as background:
"Garfield County recognizes that under Colorado Law, the surface and mineral right interests
have certain legal rights and privileges, including the right to extract and develop these interests.
Furthermore, private property owners also have certain rights and privileges, including the right
to have the mineral estate developed in a reasonable manner and to have adverse land use
impacts mitigated."
Under "Policies: Section 9.1" the following language is specifically appropriate:
"Garfield County, to the extent legally possible, will require adequate mitigation to address the
impacts of mineral extraction on adjacent landowners. These measures may include the
following:
A. Landscaping and screening
B. Modification or phasing of area to be mined
C. Roadway improvements and signage
D. Safe and efficient access routes
E. Drainage improvements to protect surface and groundwater"
-::an yon Gas Resources, Inc.
Special Use Permit
BOCC: 10113/03
Page4
To the extent that these areas of concern have been identified and addressed in the applicant's
proposal, and where identified mitigations are maintained and/or performed as specified, the
proposal is in general compliance with the Comprehensive Plan.
IV. PROCESS
A. Applicability: Pursuant to Section 9.03.04 of the Zoning Resolution, an application for a
Special Use Permit shall be approved or denied by the Board of County Commissioners after
holding a public hearing thereon in conformance with all provisions of the Zoning Resolution.
B. Zoning: The proposed gathering line traverses the A!RIRD (Agricultural I Residential
/Rural Density) zone district and the 0/S (Open Space) zone district. The type of use is a Special
use in both the AIRIRD and 0/S zone districts. P
Pursuant to section 3.09.01 [Uses, special or conditional in the 0/S zone district] of the Zoning
Resolution, the uses listed in 3.09.01 of the Zoning Resolution "shall be governed by a special
use permit which shall be approved by the County Commissioners as provided for in this Zoning
Resolution; except that where the authority for said use arises from a specific contract or permit
with the U S. Government for the use of property owned by that government, then that use shall
be a conditional use, upon which the County Commissioners may impose conditions necessary to
protect the health, safety and welfare of the people of the County, provided that said conditions
do not directly conflict with a federally imposed regulatory scheme. "
V. REFERRALS:
The application was referred to the following agencies for comments. Comments that were
received from any of the following agencies have been integrated throughout this memorandum
as applicable.
I. Town of Parachute: No comments
2. Grand Valley Fire Protection District: Exhibit I
3. Colorado Division of Wildlife: No comments
4. Colorado Department of Public Health and Environment: No comments.
5. Bureau of Land Management: Exhibit L
6. US Army Corps of Engineers: Exhibit J
7. Garfield County Road and Bridge Department: Exhibit H
8. Garfield County Vegetation Manager: No comments.
9. Garfield County Oil and Gas Auditor: Exhibit G
VI. SPECIAL USE PERMIT ISSUES
While pipelines I gathering lines fall under the Garfield County Regulations as a Special Use,
Staff has learned over time that pipelines I gathering lines have special characteristics that don't
-:canyon Gas Resources, Inc.
Special Use Permit
BOCC: I 0/13/03
Page 5
often fit the standard criteria for a typical Special Use, as well as the Industrial Operation and
Performance Standards.
The standard checklist of criteria I concerns includes, but is not limited to the following:
Utilities, Streets and Roads, Offsite Impacts, Water Run-off, Emanations, Wildlife, Livestock,
Traffic, Reclamation, and Legal Water, which the Applicant has addressed through the
application material.
Fire: The Applicant submitted a copy of the "Fire Prevention and Suppression Plan" (Fire Plan)
that was submitted to the BLM. The Applicant noted that the Fire Plan identifies measures to be
taken by the Applicant and its contractors to ensure that fire prevention and suppression
techniques are carried out in accordance with federal, state, and local regulations. Measures
identified in the Fire Plan apply to work within the project area defined as the right-of-way,
access roads, all work and storage areas, and other areas used during construction of the project.
Comments were received from the Grand Valley Fire Protection District (see Exhibit I). Prior to
the issuance of the actual Special Use Permit, the Applicant shall provide written comments from
the Fire District that recommendations from the Fire District have been addressed accordingly.
Weed Management and Reclamation Plan: The Applicant provided a copy of the "Reclamation
Plan" that was submitted to the BLM. The purpose of this Plan is to describe in text and
drawings the prescribed methods for topsoil replacement, reseeding, planting, noxious weed
control, and monitoring for reclamation success. The Plan comprised of the "Wildlife and
Habitat Mitigation Plan" addressed further in this memorandum.
This application was submitted to Steve Anthony, Garfield County Weed Management Director,
however, no written comments were received from Mr. Anthony prior to the distribution of this
memorandum. Mr. Anthony indicated that written comments will be provided at the Board
meeting.
I~
Wildlife: The Applicant provided a copy of the "WildWand Habitat Mitigation Plan" (Wildlife
Plan) that was submitted to the BLM. The report was prepared by NatureTech Consultants. The
application was refetTed to the Colorado Division of Wildlife, however, no comments were
received.
The Wildlife Plan indicates that the "first and foremost among mitigation steps will be to avoid
wildlife during critical periods. The GSRA Plan Amendment affected by the ROD for Oil and
Gas Leasing and Development (March I999) provides for Timing Limitation Stipulations to
apply to any activities provides within big game winter habitat. In this case, construction
activities associated with pipeline should be prevented in winter habitat areas from December I
to April 30. There is one exception to this stipulation, which states that, under mild winter
conditions, the last 60 days of the seasonal/imitation period may be suspended after
consultation with the CDO W. "
-:an yon Gas Resources, Inc.
Special Use Permit
BOCC: 10/13/03
Page 6
In summary, the Wildlife Plan provided the following mitigation measures:
A. Construction shall take place in accordance with the timing restrictions set forth in the
Oil and Gas ROD amendment to avoid disturbance to wintering big game herds during
the most critical survival period ofthe year.
B. Construction personnel shall not be allowed to bring firearms or dogs onto the site during
construction to further ensure minimal wildlife disturbance.
C. Once construction is completed, the entire disturbed area will be reseeded with the grass
and shrub seed mix provided in the Wildlife Plan. The mix provided is designed to
quickly revegetate the disturbed areas and prevent soil erosion. Following re-seeding,
the Applicant shall embark upon a 3-5 year weed monitoring and control plan to ensure
that no noxious weeds occupy the disturbed area and to minimized the invasion of
undesirable plant species.
D. Physical road closures shall be put in place in conjunction with BLM officials to
eliminate ORV and other motorized access onto the pipeline ROW and other critical
wildlife habitats found on BLM land.
Stormwater: The Applicant provided a copy of the Storm water Discharge Permit that was sent
to the State in August, 2003. An approved copy of the Permit from the State has not been
provided. Prior to the issuance of the actual Special Use Permit, the Applicant shall provide to
the County an approved Stormwater Discharge Permit. The Applicant also provided a copy of
the "Storm water Pollution Prevention Plan for the National Pollutant Discharge Elimination
System" (Stormwater Plan).
The Stormwater Plan outlines the general construction states and changes in site erosion
potential and stormwater runoff that accompany each of the following stages:
Stage I: Pre-Construction
Stage 2: Clearing and Grading for Access
Stage 3: Full Clearing and Grading
Stage 4: Installation of Storm Drainage System
Stage 5: Active Construction of Structures
Stage 6: Site Stabilization
It is stated in the Storm water Plan that Best Management Practices (BMPs) will be used to
minimize erosion and sediment transport during the construction activities associated with the
proposed project. There will be at least one on-site environmental inspector (EI) during
construction. Temporary measures to control sedimentation and erosion will be used and
maintained during all phases of construction. During construction, temporary erosion-control
measures, including silt fences, straw bale structures, slope breakers, diversion canals, and
terraces will be employed as deemed necessary to reduce erosion and runoff from the right-of-
way to adjacent areas.
-::anyon Gas Resources, Inc.
Special Use Permit
BOCC: 10/13/03
Page 7
It is also stated in the Stormwater Plan that after the trench has been backfilled, the entire right-
of-way will be returned to natural contours where possible, and compacted sufficiently to
minimize erosion or excessive future settlement. Natural drainage patterns will be restored and
an effective vegetation stabilization technique, such as seed and erosion control fabric, will be
employed were possible.
The Stormwater Plan also provides control measures and good housekeeping practices which
will be implemented to prevent or minimize potentially polluting construction materials from
contact with stormwater. These are located in section 3.5 of the Storm water Plan.
VII. ADDITIONAL COMMENTS
Comments were received from Doug Dennison, Garfield County Oil and Gas Auditor. Mr.
Dennison provided the following comments, which staff has responded to under each comment:
A. The application states that no water will be used, with the exception of the water truck
used for fire suppression. I was unable to detetmine from the application how the
applicant intends to pressure test the line. It would be helpful for the Applicant to state
what method will be used for testing the line and, ifhydrotesting is the selected method,
the applicant will need to state where the water for the testing will be obtained and how it
will be handled after testing is completed.
Response: It is stated in the Storm water Plan that the gathering line will be tested for
integrity with a pneumatic test and no test water is needed for this test. Should
hydrostatic test water be used, the water will be discharged onto the ground, the test
water will be filtered through a straw bale structure or a similar device to dissipate
hydraulic energy, minimizes erosion, and remove some sediment. No additives such as
drying agents, rust inhibitors, or other chemicals will be added to the test water. The
Applicant will obtain a permit from the Colorado Department of Public Health and
Environment for hydrostatic test discharge and will adhere to all regulations.
B. The information provided by the Applicant regarding permitting by the U.S. Army Corps
of Engineers (COE) includes a letter from the COE dated July 16, 2002 stating that this
activity would fall within nationwide general permit number 12. However, the Applicant
subsequently submitted updated information to the COE on August 27, 2003 regarding
this project. Has the Applicant received any additional confirmation from the COE that
the nationwide permit is still applicable?
Response: The proposed gathering line will cross 12 unnamed tributaries, Dry Creek,
Stone Quarry Gulch, three crossings of Monument Gulch and a crossing of Battlement
Mesa Creek. As seen in Exhibits J and K, the Army Corps of Engineer, a Nationwide
General permit number 12, which authorizes the discharge of dredged or fill material in
water of the United States for utility line activities, was issued. The Corps noted that in
~anyon Gas Resources, Inc.
Special Use Permit
BOCC: I 0/13/03
Page 8
30 days after the completion of the work, the Applicant must send finished photographs
and a signed letter of certification to the Corps of Engineers.
C. The Applicant should be reminded to obtain any required road bonds and/or overweight
permits from the Garfield County Road & Bridge Department prior to initiating work.
Response: Comments were received from Jake Mall, Garfield County Road and Bridge
Department (see Exhibit H). Mr. Mall noted that the road crossing for County Road 302
is not an issue. Mr. Mall will issue a road cut permit with conditions for the road cut
specified in the permit. Mr. Mall noted that the permit will be valid on condition that the
Board of County Commissioners approves the Special Use Permit request. Mr. Mall
noted that there are concerns such as dust control and the possibility that the project
could be shut down due to the inclement weather. Road and Bridge will likely not allow
a road cut after November I, 2003, unless the weather is cooperative for proper
installation and compaction of the trench.
VIII. RECOMMENDED FINDINGS
I. Proper posting and public notice was provided as required for the meeting before the Board
of County Commissioners.
2. The meeting 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. The above stated and other reasons, the proposed special use permit has been determined to
be in the best interest of the health, safety, morals, convenience, order, prosperity and
welfare of the citizens of Garfield County.
4. The application has met the requirements of Special Use (Sections 5:03, 5:03:07, 5:03.08 and
9:03) the Garfield County Zoning Resolution of 1978.
5. The application is in substantial compliance with the Garfield County Comprehensive Plan
of 2000, as amended.
IX. RECOMMENDATION
Staff recommends that the Board APPROVE the "Canyon Gas Resources, Inc. Special Use
Permit for the installation of a 8" low pressure natural gas gathering line, subject to the following
conditions":
I. All representations of the Applicant, either within the application or stated at the meeting
before the Board of County Commissioners, shall be considered conditions of approval,
unless specifically altered by the Board.
'::anyon Gas Resources, Inc.
Special Use Permit
BOCC: 10/13/03
Page9
2. Prior to the issuance of the actual Special Use Penni!, the Applicant shall provide written
comments from the Grand Valley Fire Protection District that all recommendations
outlined in the Fire District's letter dated September 30, 2003, have been addressed
accordingly.
3. Prior to the issuance of the actual Special Use Permit, the Applicant shall provide written
documentation with respect the legal use of the water to be used controlling airborne dust
along construction rights-of-way, unpaved haul roads, and other graded traffic routes, and
for watering the topsoil and spoil storage piles in order to minimize the effects of wind
erosion and fugitive dust, as well as for fire protection.
4. The Applicant shall obtain a road cut permit from the Garfield County Road and Bridge
Department, prior to the issuance of the actual Special Use Permit.
5. Prior to the issuance of the actual Special use Permit, the Applicant shall provide to the
County an approved Storm water Discharge Permit.
) )
EXHIBITS
CANYON GAS RESOURCES , INC. SPECIAL USE PERMIT
Board of County Commissioners -October 13, 2003
Exhibit A: Proof of Certifi ed Mailing Receipts
Exhibit B: Proof of Publication
Exhibit C: Garfield County Zoning Regulations of 1978 , as amended
Exhibit D : Garfield County Comprehensive Plan of2000, as amended
Exhibit E: Staff Report dated October 13, 2003
Exhibit F : Application Materials
Exhibit G: Email from Doug Denniso n, Garfield County Oil and Gas Auditor dat e d
October 1, 200 3
Exhibit H: Letter from Jake Mall , Garfi eld County Road and Bridge Depatiment,
dated September 15, 2003
Exhib it 1: Letter from D av id Bl ai r , Grand Valley Fire Protectio n Di s trict dated
September 30, 200 3
Exhibit J: Letter from the Army Corps of Eng ineers dated September 26, 2003
Exhibit K: Letter to Ca nyon Gas Resources, Inc. from Army Corp s of Engineers
dated September 26, 2003
Exhibit L: BLM right-of-way grant
) EXHIBIT
·~Ta=·~=-a=· r=·~=P=!~~g=)=··======~~==~======~======~=======-j ~
From: Doug Dennison
Sent: Wednesday, October 01, 2003 11 :06 AM
To: Tamara Pregl
Subject : Review of Canyon Gas 8" Pipeline SUP Application
I have reviewed the special use permit (SUP) application from Canyon Gas Resources, LLC for an 8' natural
gas gathering pipeline in th e Parachute/Battlement Mesa area and have the following comments:
1. The application states that no water will be used, with the exception of the water truck used for fire
suppression. I was unable to determine from the application how the applicant intends to pressure
test the line. It would be helpful for the applicant to state what method will be used for testing the
line and, if hydrotesting is the selected method , the applicant will need to state where the water for
the testing will be obtained and how it will be handled after testing is completed.
2 . The information provided by the applicant regarding permitting by the U.S. Army Corps of
Engineers (COE) includes a letter from the COE dated July 16, 2002 stating that this activity would
fall within nationwide general permit number 12. However, the applicant subsequently submitted
updated information to the COE on August 27, 2003 regarding this project. Has the appli cant
received any additional confirmation from the COE that the nationwide permit is still applicable?
3. The applicant should be reminded to obtain any required road bonds and/or overweight permits
from the Garfield County Road & Bridge Department prior to initiating work.
Please let me know if you have any questions regarding these comments .
Doug Dennison
Garfield County
Oil & Gas Auditor
(970) 625-5691
fax (970) 625-0908
ce ll (970) 309-5441
ddennison@garfield-county.com
10/1/2003
___ ._I?.~Q4/?0_El3 22 : lG G258G27 ROA D AND BRIDG E
GARFIELD COUNTY
Building & Planning Department
Review Agency Fonn
Date Sent: 9/09/2003
Commeots Due: 10/0312003
Name of application: Canyon Gas Resources LLC . SUP
S"nt to : !Jirfield Count:y: Road and Bridge Dept.
_PAG E El2
Garfield County requests your comment in review of this project Please notify the
Plannios Department in the event you are unable to respond by the deadline . This form
may be used for your r~ponse, or you may attJCh your own additional sheets as
necessary . Written comments may be mailed, e-mailed. or faxed to :
Garfield County Building & Planning
Staff contact : Tamara Pfegl
I 09 81b Street, Suite 30 l
Glenwood Springs, CO 81601
Fax; 970-384 -3470
Phone: 970-945-8212
General comments ; I have met_ oosite with Canyon Gu representative Rob Thompson
and the rood crossing they need for Cr. 302 is not a problem . I will issue a road cut pennit
with conditions for the road cut soocified jn the pcnnit. The permit will be valid on
condition that the BOCC awroves this $UP . Their will also be road concerns, such as
dust control and the possibility that the project coutd be shut down due to inclement
weather. we would probably not allow a road cut after November 1. 2003 unless the
weather is cooperative for proper installation and co.amaction of the trench.
Name of review agency : Garfield County Rood and Bridae De.pt
By : Jake B . Mall Date 9/15/2 003
Revised 3/30100
)
GRAND VALLEY
FIRE PROTECTION DISTRICT
1777 S. BATTLEMENT PARKWAY
POBOX295
PARACHUTE, CO 81635
(970) 285-9119, FAX (970) 285-9748
""""""" EXH\B\T \3-
-
September 30, 2003
Ms . Tamara Pregl
Garfield County Building & Planning Department
108 81h Street, Suite 201
Glenwood Springs, CO 81601
Subject: Canyon Gas Resources, LLC. Special Use Permit for a Pipeline request
Ms . Pregl, )
After reviewing the provided documentation from the applicant, I would recommend to
the Garfield County Building & Planning Department the following con_unents:
+ The applicant has stated in the Construction Activity Repo,rt, Item 4, the
anticipated construction schedule is to Commence on bctober · 2003 and
Complete on December 2003 . In the Fire Prevention &. Suppression Plan,
4 . 1. 5, Fire Prevention Measures, Equipment, the applicant has stated that the
"Fire Guard" will operate a truck equipped with a 125 gallon sip-on pump
unit. I'm concerned about freezing temperatures during this time of year. I
believe that additional "Dry Chemical Fire Extinguishers" for the Fire Guard,
may be better suited for wintertime protection. The risk of fire should be
reduced by dormant conditions of fuel, low temperature, increased fuel
moistures and ambient relative humidity. I would still recommend the shovel
and 5 pound fire extinguisher requirements for all other vehicles .
+ 4 .1.1 0 Welding -The same concern with the 5-gallon water backpack pump .
I believe a 20-pound ABC Dry Chemical Fire Extinguisher should be
adequate protection with each welder, as well as a live person "Fire Watch".
+ 4 .1.11 Restricted Operations -Since the Garfield Sheriff's Office does not
have a "Fire Marshall ", please change this to read the Grand Valley Fire
Protection District Fire Chief or designee.
+ 5. 1 Suppression -The nearest fire suppression agency is the Grand Valley
Fire Protection District, not the Garfield County Sheriff's Office. The
emergency contact phone number for the Grand Valley Fire Protection
District is 9 ~ 1.
+ Table 1 -Because it is a Fire Suppression Contacts list, change the Garfield
County Sheriff's Office in Parachute to the Grand Valley Fire Protection
District. The phone number will also need to be changed to 911 .
I
) )
+ 6 .1 Notification Procedures-Report all fires , whether controlled or not! The
Grand Valley Fire Protection District would rather not be called out on a hold
over fire during the night, because of fire , thought to have been extinguished
by construction crews, during the day.
If I can be of any further assistance to either the Garfield County Building & Planning
Department or y Gas Resources, LLC. I can be reached at: Office -(970) 285-
9119 .
David A. Blair
District Fire Chief, GVFPD
Cc: File
REPLY TO
ATIENTIONOF
DEPARTMENT OF THE ARMY
U.S. ARMY ENGINEER DISTRICT, SACRAMENTO
CORPS OF ENGINEERS
1325 J STREET
SACRAMENTO, CALIFORNIA 95814-2922
September 26, 2003
Regulatory Branch (200375347)
3 0 2003 RECE \V ED SEP
Ms. Tamara Preg l
Garfield County Building and Planning Department
108 8th Street, Suite 201
Glenwood Springs, Colorado 81601
Dear Ms . Pregl:
EXHIBIT
j :I -
I am respond i ng to your written request for comm ent on t h e
Canyon Gas Resources , LLC special use permit referral. The
project site is located near the Town of Parachute at Battlement
Creek within Sections 10, 11, 12, 14, 15, 16, 20, 21, 29 , 30 , and
3 1 of Township 7 Sout h, Range 95 Wes t and Section 36 of Towns hip
6 South, Range 95 West, Garfield County, Colorado.
In accordance with Section 404 of the Clean Water Act, a
Department of the Army permit is required for any discharge
(including mec h anized land clearing) of dredged or fill material
in waters of the Un ited States. Within t h e context of Section
404, "waters of t h e United States" are defined as t he territorial
seas; perennial and ephemeral streams ; lakes, pon ds ,
impoundments; a nd wetlands . F ederal law requires that any
individua l or entity proposing t o discharge into waters of the
United States obtain a Department of the Army permit prior to
comm enc ing such work.
I have finished process ing Canyon Gas Re sources ' request for
a Departme nt of the Army permit under tracking number 200375343 .
Garf i e ld County wi ll soon receive a copy of this permit
veri fi cat ion. If you h ave a ny questions, p l ease write to me at
the address below, telephone (970) 243 -1199, ext e nsion 15 or
email mark .a.gi lfill an@usace .army.mil .
Sincerely ,
~~
Mm. Gilfilla
Bio l ogist , C Basin
Regu l atory Office
400 Rood Avenue , Room 142
Grand Junction, Co l orado 81501 -2563
Copy Furnished :
Mr . Mark Bean , Garfield County, 108 8th S treet, Suite 201 ,
Gl enwood Spr ings, Colorado 8160 1
REPLY TO
ATTENTION OF
)
DEPARTMENT OF THE ARMY
U.S. ARMY ENGINEER DISTRICT, S ACRAMENTO
CORPS OF ENGINEERS
1325 J STREET
SACRAMENTO, CALIFORNIA 95 814-2922
September 26 , 2003
Regulatory Branch (200375343) 200275328
)
I
Mr. Brian Peters
Canyon Gas Resources , Incorporated
74 00 East Orchard Road , Suite 270
Englewood, Colorado 80111
RECE IV ED SEP 3 0 2003
Dear Mr. Peters :
EXHIB11i
We are responding to your request for a Department of the
Army permit to cross twelve unnamed tributaries , Dry Creek , Stone
Quarry Gu l ch, three crossings of Monument Gulch and a cross i ng at
Battlement Creek with an 8-inch natural gas pipeline. The
project s i tes are located sou th of the Town of Parachute within
Sections 15, 16 , 17, 20, 2~ and 30 of Township 7 South , Range 95
West and Section 36 of Townsh i p 7 South, Range 96 West, Garfie l d
County, Col orado.
The Chief of Engineers has issued Nat i onwi de General permit
number 12 which authorizes the discharge of dredged or fil l
material in waters of the United States for utility line
activities. We have determined that your project will not affect
threatened or e n dangered s pecies protected by the En dangered
Species Act. Your project can be construc t ed under this
authority provided the work meets the conditions listed on t he
enclosed information sheets. You must send finished photographs
and a signed letter of certification to the Corps of Engineers
within 30 days after completion of the work (see genera l
condition number 1 4) . A copy of the certification statement is
included for your use.
This ver i fication is valid unti l September 26 , 2005. If you
have not comp l eted your project by that time , you should contact
the Corps of Engineers to obtain information on any changes which
may have occurred to the nationwide permits. You are responsib l e
for remaining informed of such changes and for ensuring that a ll
construction and contract personne l are familiar with the terms
and conditions o f this permit .
-2-
We have assigned number 20b375343 to your project. Please
refer to this number in any correspondence with this office. If
you have any questions, please contact Mr. Mark Gilfillan of this
office at telephone number (970) 243-1199, extension 15 or email
mark.a.gilfillan@usace.army.mil.
Enclosures
Copies Furnished:
'
Sincerely,
Ken Jacobson
Chief, Colorado/Gunnison Basin
Regulatory Office
400 Rood Avenue, Room 142
Grand Junction, Colorado 81501-2563
t r. Rob Thompson, Trigon-Sheehan, LLC, 126 Rock Point Drive,
Suite B, Durango, Colorado 81301
r. Mark Bean, Garfield County, 108 8th Street, Suite 201,
Glenwood Springs, Colorado 81601
) ) EXHIBIT t.-
ISSUING OFFICE FORM 2800-14
(August 1985) Glenwood Springs Resource Area
RECE \V ED OCi 0 8 2003
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
RIGHT-OF-WAY GRANT
SERIAL NUMBER COC -66335
1 . A right -of-way is hereby granted pursuant to the Mineral Leasing Act of
1920, as amended (30 u.s.c. 185).
2. Nature of Interest:
a. By this instrument, the holder:
Canyon Gas Resources, Inc . __
7400 East Orchard Road, Suite ~~ 30 d-0
Englewood, Colorado 80111
receives a right to construct, operate, maintain, and terminate an
eight inch diameter natural gas pipeline o n public lands described
as follows:
Sixth Principal Meridian, Colorado
T. 7 s. I R. 95 w.
sec. 14; NW1/4NW1/4
sec. 15; SW1/4NW1/4, NW1/4SW1/4
sec. 16; SE1/4SW1/4, NE1 /4SE1 /4, S1/2SE1/4
sec . 29; lot 4, SW1/4NW1/4, NW1 /4SW1/4
sec. 30; N1/2SE1/4, SW1/4SE1/4
sec. 31; lots 3,4, NW1/4NE1/4, NE1/4NW1/4
b . The right -of-way or permit area granted herein is 18,307 feet in
length. The initial width for construction and reclamation is 50
feet and will remain 50 feet thru December 31, 2005 (21.01 acres).
On January 1, 2006 the width will revert from 50 feet to 35 feet
and remain 35 feet for the duration o f the grant (14.71 acres).
c. This instrument shall terminate on December 31, 2033, 30 years
(plus or minus) from its effective date unless, prior thereto, it
is relinquished, abandoned, terminated, or modi fi ed p u rsuant to
the terms and conditions of this instrument or of any applicable
Federal law or regulation .
d. This instrument may be renewed. If renewed, the right -of-way or
permit shall be subject to the regulations existing at the time of
renewa l and any other terms and conditions that the authorized
officer deems necessary to protect the public interest.
e. Notwithstanding the expiration of this i nstrument or any renewal
thereof, early relinquishment, abandonment, or termination, the
provisions of this instrument, to the extent applicable, shall
continue in effect and shall be binding on the holder , its
successors, or assigns, unti l t h ey have fully satisfied the
obligations and/or liabilities accruing herein before or on
account of the expiration, or prior termination, of the grant.
3. Rental:
For and in consideration of the rights granted, the holder agrees
to pay the Bureau of Land Management fair market value as
determined by the authorized officer unless specifically exempted
from such payment by regulation. Provided 1 however, that the
rental may be adjusted by the authorized officer/ whenever
necessary, to reflect changes in the fair market value as
determined by the application of sound business management
principles, and so far as practicable and feasible, in accordance
with comparable commercial practices.
4. Terms and Conditions:
-~-----------
a. This grant or permit is issued subject to the holder's compliance
with all applicable regulations contained in Title 43 Code of
Federal Regulations part 2800 and 2880.
b. Upon grant termination by the authorized officer, all improvements
shall be removed from the public lands within 90 days, or
otherwise disposed of as provided in paragraph (4) (d) or as
directed by the authorized officer.
c. Each grant issued for a term of 20 years or more shall, at a
minimum, be reviewed by the authorized officer at the end of the
20th year and at regular intervals thereafter not to exceed 10
years. Provided, however, that a right-of-way or permit granted
herein may be reviewed at any time deemed necessary by the
authorized officer.
d. The stipulations, plans, maps, or designs set forth in Exhibits A
& B, attached hereto, are incorporated into and made a part of
this grant instrument as fully and effectively as if they were set
forth herein in their entirety.
e. Failure of the holder to comply with applicable law or any
provision of this right-of-way grant or permit shall constitute
grounds for suspension or termination thereof.
f. The holder shall perform all operations in a good and workmanlike
manner so as to ensure protection of the environment and the
health and safety of the public.
(signature block, next page)
COC-66335 Grant, Page 3
IN WITNESS WHEREOF, the undersigned agrees to the terms and conditions of this
right~of-way grant or permit.
(Title) (Title)
/0-l-03 I o o '">
(Date) (Effec iv Date of Grant)
• •
•}-..... -.•.
--~ ., .
•
. -··
EXHIBIT "A"
Right-of-Way COC-66335
T7S R95W Sees. 14,15,16,
21,29,30,31
Page 1 of 3 Pages
._.. ---
tC.
nd
n
1
UNTYROAD
EXHIBIT "A"
Right-of-Way COC-66335
T7S R95W sees. 14,15,16,
21,29,30,31
Page 2 of 3 Pages
::.;~;~~~¥; .·~~ \
/"1.~?~·
..... --
69/1 5/2663 64 :61 G258G27 IKJbVN ~HttHAN LLC
TRIGON fl. iii :C =I: W ~I
(HOI N t~"l a C0~8T~U C TO"'
Saptember 12, 2003
Jake M41ll
Garfield County Road & Bridge
P.O. Bo.x 426
Rifle. CO 81650
Re: Canyon Ga1 Resources CR 302 Permit
Hi Jitkli,
ROAD AND BR I DGE 09/1~ '03 07:1P -~.~6 5 ~
PAGE 63
Per our conversation yesterday, her$ is the info:ma1ion you asked fur In order to process a permit tor the above
referenced project. Just to refresh your memOf)'. yov wnd I met at Parachute snd loofutd ar the entire route on a
map. You told me that CR 338 waa no longer a oounty roed, and the o nly pllilct that the pipeline would erosa a
county road was et CR 30 2-which yo/ ~~ed at on the ground.
You told me the permit fee would ~Ius 25 oerq ~r foot Yov decided that you would only charge for 40'
wl'i lel'l makes the total pennit f .. $-.O..P I have ordered a c:hed( and will get It lo you in the next 2 weeks . The
only special at lpulatlons you sa id-MI'f ·~ would Include In ttla ~rmit ll~lf. and will probeory incll.lde magi ng •
portion of the county road that we use for this profeet We wtll be allowed ro cu t or bore thG cvad .
The permit thould be made ou t to :
canyon Gas Resources , Inc.
7-400 E. OrcMrd Roed , Suite 270
tnghtwood. CO 80111
Attn: Brian Peters-Engineeri ng & Operations Manager
303-2.22-6204
My aupervlior, Deb Sittner. wiN be handlln~ Chit project from here on. Plea6e refer any questions and send the
permit to her at the aadrass below. Deb wtll be signing ~ permit as agent for Canyon Gas Resourc:as .
Trlgon-Sheehan,LLC
126 Ao<* Point Drive, Svite B
Durango, CO 81301
Attn: rlebra Sittner
970-3BS.91 00 X 25
970-385-9107-Fax
Thanks .
E1!.~
Sen ior Right-of-Way Agent
Tri9on-sheehan , UC
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