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HomeMy WebLinkAbout2.0 Staff ReportBoard of County Commissioners January 11, 2010 PROJECT INFORMATION AND STAFF COMMENTS REQUEST Limited Impact Review — Communication Facility PROPERTY OWNER Chevron USA, Inc. OPERATOR Marathon Oil Corporation REPRESENTATIVE Lorne Prescott -- Olsson & Associates LOCATION 8 miles north of the Town of Parachute and 1 mile west of CR 215 in the Garden Gulch area — Sec 5, T6S, R96W ACCESS County Road 215 to private roads ZONING Resource Lands — Plateau I. GENERAL PROJECT DESCRIPTION Marathon Oil Corporation currently operates a consolidated communication system in the Garden Gulch area of Garfield County in support of Oil & Gas operations in the area. This system allows for remote access communication with various Oil & Gas -related activities in the area for a radio Ethernet network necessary for the Supervisory Control and Data Acquisition (SCADA). Tower Number 7 is currently requested and that facility is proposed to be a 22' high tower on a 20' x 20' concrete pad. The facility will be located at an elevation of 8,100 feet in order to provide a 'line of site' to the Valley Pump Station (VPS) thus allowing remote access to information and data. The applicant seeks use of this facility for a period of thirty (30) years. The electricity necessary for operation of the tower is proposed solar -array and batteries. II. LOCATION AND SITE DESCRIPTION This site is located eight (8) miles northwest of the Town of Parachute, approximately one mile west of County Road 215. The area is dominated by mountain valleys surrounded by steep to be provided by an on-site Communication Facility 1/11/10 Board of County Commissioners KE slopes. It is the very nature of the topography that necessitates the location of Tower Number 7 so that line of site may be achieved with existing facilities in the area. III. ZONING AND ADJACENT USES The area has historically been utilized for agricultural activity and more recently for activities related to Oil & Gas. IV. REFERRAL AGENCIES Comments have been requested from the following agencies and comments received are integrated throughout this report as applicable. 1. Road and Bridge: EXHIBIT I 2. Vegetation Management: EXHIBIT H 3. Sheriff: No comment on application 4. Oil & Gas Liaison: No Response 5. Planning Engineer: No issues 6. Colorado Division of Wildlife: No Response 7. Town of Parachute: No Response V. REVIEW STANDARDS & STAFF COMMENTS Limited Impact Reviews are required to adequately address topics in Section 4-502(D) Land Suitability Analysis, Section 4-502(E) Impact Analysis, the general development standards found in Article VII with specific attention to Section 7-823 which are additional standards applicable to Telecommunication Facilities as codified in the Garfield County Unified Land Use Resolution of 2008, as amended (ULUR). The following section provides a review of those standards in bold italics followed by a Staff Response. A. Section 4-502(E) Land Suitability Analysis 1. Public Access to Site. Show historic public access to or through the site. Staff Response: The site is accessed via existing private roads from Garden Gulch Road and County Road 215. 2. Access to adjoining Roadways. Identify access to adjoining roads and site distance and intersection constraints. Staff Response: Jake Mall, County Road & Bridge, responded to the application that access to this site is from an existing, permitted access that meets all driveway access conditions. 3. Easements. Show all easements defining, limiting or allowing use types and access. 2 Communication Facility 1/11/10 Board of County Commissioners KE Staff Response: There is Oil & Gas activity in the vicinity of this proposed communication facility, including COGCC-approved well pads and County -approved uses appurtenant to Oil and Gas activity. The site is remote and is served by a private road system from CR 215. 4. Topography and Slope. Topography and slope determination. Staff Response: The site is located at an elevation of 8,100 feet and the proposal includes construction of a 20' x 20' pad (400 square feet) upon which the tower will reside. This terrain in the area is somewhat difficult however the site topography is sufficient for construction of the pad. The intent of this facility is to allow for remote communication with existing facilities thereby diminishing the necessity of traveling to the remote site of the VPS. 5. Natural Features. Significant natural features on-site and off-site. Staff Response: The area consists primarily of dry grasses and sagebrush, no geologic hazards have been identified. 6. Drainage Features. Existing drainages and impoundments, natural and manmade. Staff Response: The construction of the 400 square foot pad will not impact any natural or manmade drainage 7. Water. Historic irrigation, tailwater issues, water demands, adequate water supply plan pursuant to Section 7-104. Staff Response: The construction and operation of this facility will not impact any existing irrigation. Water demands are unnecessary as the intent is that minimal on-site activity (construction and maintenance of the facility) will occur and further that this facility will allow other activities in the area to be managed remotely. 8. Floodplain. Flood plain and flood fringe delineations. Staff Response: Parachute Creek is located 1 mile to the east of this site. Several ephemeral streams exist in the area, however they do not impact the proposed facility. 9. Soils. Soils determination, percolation constraints, as applicable. Staff Response: Soils have been evaluated for the site and determined as having Parachute Loam soil designation by the Natural Resource Conservation Service (NRCS), these soils are suitable for the proposed construction of the tower, pad and support equipment. 10. Hazards. Geologic hazards on-site, and adjacent to site. Staff Response: The site is located in the lower portion of the Green River Formation approximately at the center of the Piceance Basin. No known geologic hazards exist in 3 Communication Facility 1/11/10 Board of County Commissioners KE the area except for some rockfall associated with cliffs to the east of the site. This facility is located above these cliffs, limited in scope and size, all of which should minimize any potential hazard. 11. Natural Habitat. Existing flora and fauna habitat, wetlands, ►nigration routes. Staff Comments: The small footprint for the facility (400 square feet), along with the limited on-site access, adequately mitigates the potential for adverse impact to the existing flora and fauna. No wetlands or migration routes have been identified in the immediate vicinity of the proposed tower. 12. Resource Areas. Protected or Registered Archaeological, cultural, palentologica! and historic resource areas. Staff Comments: No protected or registered areas or resources have been identified proximate the proposed site. Section 4-502(E) Impact Analysis. The Impact Analysis shall provide a description of the impacts that the proposed land use change may cause, based upon the standards that the proposed use must satisfy. The Impact Analysis shall include a complete description of how the applicant will ensure that impacts will be mitigated and standards will be satisfied. The following information shall be included in the Impact Analysis. 1. Adjacent Property. An address list of real property adjacent to the subject property, and the mailing address for each of the property owners. Staff Comments: A list was provided. 2. Adjacent Land Use. Existing use of adjacent property and neighboring properties within 1500' radius. Staff Comments: Existing use of adjacent property is primarily agricultural with significant Oil& Gas related activities. 3. Site Features. A description of site features such as streams, areas subject to flooding, lakes, high ground water areas, topography, vegetative cover, climatology, and other features that may aid in the evaluation of the proposed development. Staff Comments: Due to the fact that the proposed facility is limited to 400 square feet of disturbed area there does not appear to be any significant constraints related to the site features. 4. Soil Characteristics. A description of soil characteristics of the site which have a significant influence on the proposed use of the land. 4 Communication Facility 1/11/10 Board of County Commissioners KE Staff Comments: An adequate review of the soil characteristics has been provided and it would not appear that they would have an impact on the construction of this facility. 5. Geology and Hazard. A description of the geologic characteristics of the area including any potential natural or man-made hazards, and a determination of what effect such factors would have on the proposed use of the land. Staff Comments: Geologic characteristics have been identified and it does not appear that they would have any effect on the proposed facility. 6. Effect on Existing Water Supply and Adequacy of Supply. Evaluation of the effect of the proposed land use on the capacity of the source of water supply to meet existing and future domestic and agricultural requirements and meeting the adequate water supply requirements of Section 7-104. Staff Comments: No water use is proposed at this facility. 7. Effect on Groundwater and Aquifer Recharge Areas. Evaluation of the relationship of the subject parcel to floodplain, the nature of soils and subsoils and their ability to adequately support waste disposal, the slope of the land, the effect of sewage effluents, and the pollution of surface runoff, stream flow and groundwater. Staff Comments: The limited area of disturbance will not adversely impact any of the above criteria. No water or wastewater will be used or generated by this facility. 8. Environmental Effects. Determination of the existing environmental conditions on the parcel to be developed and the effects of development on those conditions, including: a. Determination of the long term and short term effect on flora and fauna. b. Determination of the effect on significant archaeological, cultural, palentological, historic resources. c. Determination of the effect on designated environmental resources, including critical wildlife habitat. (1) Impacts on wildlife and domestic animals through creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions. d. Evaluation of any potential radiation hazard that may have been identified by the State or County Health Departments. e. Spill Prevention Control and Counter Measures plan, if applicable. 5 Communication Facility 1/11/10 Board of County Commissioners KE Staff Comments: The only significant environmental effect identified may result in impact to Sage Grouse. Conditions of approval are recommended — one which limits the timeframe for construction of the facility to minimize impact, and a second which requires construction to minimize the ability of birds to perch on the tower. 9. Traffic. Assessment of traffic impacts based upon a traffic study prepared in compliance with Section 4-502(J). Staff Comments: The applicant provided a Traffic Analysis which identifies the existing road system (CR 215 in particular) as being classified as Rural Highway with an estimated 3,005 vehicles per day (2004) with anticipated traffic projections of 3,588 vehicles per day in 2010. Traffic resulting from the proposed communication facility will be approximately 9 trips per month during the 30 years of operation. Minimal short-term increase in truck traffic will result during construction (two to three vehicles per day). 10. Nuisance. Impacts on adjacent land from generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. Staff Comments: No nuisance or impact on adjacent land will occur from this facility. 11. Reclamation Plan. A reclamation plan consistent with the standards in Section 7- 212. Staff Comments: The proposed facility will result in approximately 400 square feet of disturbance. The application proposes a plan that has been deemed sufficient for reclamation post -construction of the facility. The Applicant states that the intended timeframe for this facility is 30 years. Steve Anthony, County Vegetation, reviewed the application and provided comment (see Exhibit H). No revegetation security is recommended due to the size of disturbed area, and a request was made to the applicant that the facility be included in a weed management program for annual monitoring and treatment of Garfield County listed noxious weeds. The latter item has been recommended as a condition of approval. B. Section 7-100 GENERAL APPROVAL STANDARDS FOR LAND USE CHANGE PERMITS 1. Section 7-101 Compliance with Zone District Use Restrictions Staff Comments: Communication Facilities are permitted by Limited Impact Review in the Resource Land Plateau zone district. 2. Section 7-102 Compliance with Comprehensive Plan and Intergovernmental Agreements Staff Comments: The property is located in Study Area 5 and generally conforms to the Comprehensive Plan. 6 Communication Facility 1/11/10 Board of County Commissioners KE 3. Section 7-103 Compatibility Staff Comment: A communication network is a compatible use with Oil and Gas activity occurring in the area. 4. Section 7-104 Sufficient Legal and Physical Source of Water Staff Comments: No water will be provided as the facility will be un -manned. 5. Section 7-105 Adequate Water Supply Staff Comments: No water will be necessary for the operation of this facility. 6. Section 7-106 Adequate Water Distribution and Wastewater Systems Staff Comments: No water will be provided as the facility will be un -manned. 7. Section 7-107 Adequate Public Utilities Staff Comments: The utilities proposed to be provided are adequate. 8. Section 7-108 Access and Roadways Staff Comments: Access is sufficient for the proposed use. 9. Section 7-109 No Significant Risk from Natural Hazards Staff Comments: No significant risk has been identified. C. Section 7-200 GENERAL RESOURCE PROTECTION STANDARDS FOR LAND USE CHANGE PERMITS 1. Section 7-201 Protection of Agricultural Lands Staff Comment: This is not applicable as agricultural uses coexist with Oil & Gas activity in the area. 2. Section 7-202 Protection of Wildlife Habitat Areas Staff Comment: A wildlife analysis was performed and it appears that the facility may impact Sage Grouse and raptors in the area. Mitigation recommendations include limitation on construction activity between August 1st and March 1st to minimize impact to Sage Grouse, and construction of a device that prevents raptors from perching on the top of the tower. 7 Communication Facility 1/11/10 Board of County Commissioners KE 3. Section 7-203 Protection of Wetlands and Waterbodies Staff Comment: Not applicable to this site. 4. Section 7-204 Protection of Water Quality from Pollutants Staff Comment: No adverse impacts to water quality will result from this use. 5. Section 7-205 Erosion and Sedimentation Staff Comment: The applicant proposes to utilize Best Management Practices (BMP's) in the construction of this facility. 6. Section 7-206 Drainage & Section 7-207 Stormwater Run -Off Staff Comments: The small footprint of the facility will not adversely impact drainage or stormwater run-off and positive drainage will result from site design. BMP's will be utilized during construction. 7. Section 7-208 Air Quality Staff Comments: Minimal air quality impacts will result from the proposed use. 8. Section 7-209 Areas Subject to Wildfire Hazards Staff Comments: The Garfield County Wildfire Hazard Map identifies this area as low to moderate. 9. Section 7-210 Areas Subject to Natural Hazards and Geologic Hazards Staff Comments: As stated earlier in this report, there do not appear to be any natural or geologic hazards that would be affected by or impact the proposed facility. 10. Section 7-211 Areas with Archeological, Paleontological or Historical importance Staff Comments: No resources were identified in the immediate vicinity. 11. Section 7-212 Reclamation Staff Comments: Planning and Vegetation Management are confident that the proposed revegetation plan included in the application is sufficient to meet the intent of reclamation requirements. 8 Communication Facility 1/11/10 Board of County Commissioners KE D. Section 7- 823 ADDITIONAL STANDARDS - COMMUNICATION FACILITIES A. Shared Facilities. Shared use/co-location of wireless communication facilities on existing structures, towers or buildings in a manner that precludes the need for the construction of a freestanding structure of its own shall be utilized unless it can be demonstrated to the satisfaction of the Board of County Commissioners that shared use/co-location is not feasible or practical. B. New Towers and Facilities. No new transmission tower or facility shall be permitted unless the applicant demonstrates to the satisfaction of the County that no existing tower, structure or utility facility can be used by the applicant. To gain approval to construct a new transmission tower or facility, the applicant must demonstrate that: 1. No existing transmission tower, facility or utility structure is located within a distance which meets the applicant's engineering requirements; or 2. No existing transmission tower, facility or utility structure is located within a distance which meets the applicant's engineering requirements and which has sufficient structural strength or space available to support the applicant's telecommunication facility and related equipment; or 3. The applicant's proposed telecommunication facility will not cause unreasonable electromagnetic or other interference with the antennas on existing towers, structures or utility structures or the antennas of existing transmission towers, facilities or utility structures or that such existing facilities would interfere with the applicant's uses such that co -location is not possible; or 4. No owner of existing towers, structures or utility structures, within a distance that meets the applicant's engineering requirements, will allow the applicant to place its telecommunication facility thereon. C. Structural and Engineering Standards. The applicant shall submit evidence concerning structural and engineering standards prepared by a qualified professional engineer licensed by the State of Colorado. The safety of the property and the neighborhood shall be protected. D. Interference. Every transmission tower and telecommunication facility shall meet the regulations of the Federal Communications Commission (FCC) regarding physical and electromagnetic interference. E. Health Standards. Transmission 'towers and telecommunication facilities shall meet applicable health and safety standards for electromagnetic field (EMF) emissions as established by the FCC and/or any other federal or state agency having jurisdiction. F. Public Utility Structures. Transmission towers or telecommunication facilities mounted on existing structures of public utilities that have a franchise or other written permission from the County and use concealed transmission towers and telecommunication facilities are permitted 9 Communication Facility 1/11/10 Board of County Commissioners KE in all non-residential zoning districts, unless otherwise specified by this Code. The County may approve the placement, extension or replacement of a transmission tower or telecommunication facility on an existing public utility structure up to fifty (50) feet above the highest point on the same; the County may waive public notice and other submittal requirement if the Director believes that the public interest will not be harmed by such a waiver G. Design, Materials and Color. Transmission towers and telecommunication facilities shall be designed and maintained to minimize visual impact; carry gravity and wind loads required by law; and concealment or stealth methods, such as camouflaging transmission Towers to look like light poles or trees are encouraged. At a minimum, the transmission towers and facilities shall meet the following design standards: 1. Architecturally integrated with existing buildings, structures and landscaping, including height, color, style, massing, placement, design and shape. 2. Located on existing vertical infrastructure such as utility poles and public building or utility structures. 3. Roof mounted antennas shall be located as far away as feasible from the edge of the building. Antennas attached to the building should be painted or otherwise treated to match the exterior of the building. 4. Equipment shelters and antennas shall not extend more than ten (10) feet from the top of the building unless expressly approved by the County. 5. Located in areas where the existing topography, vegetation, buildings or other structures provide screening. H. Landscaping and Screening. The property on which a telecommunication facility or tower is located shall be landscaped and screened, in accordance with the following standards: 1. A free-standing transmission tower or telecommunication facility shall include landscaping planted and maintained according to a landscaping plan approved by the County. 2. A freestanding transmission tower or telecommunication facility shall be surrounded by a six (6) foot high wall or fence or other suitable buffer yard. Chain Zink with slats shall not constitute acceptable fencing nor shall it satisfy the screening requirement. I. Lighting and Signage. Only lighting required by a federal agency is allowed. Only signage that is required by state or federal law is allowed. No advertising shall be permitted. J. Free Standing Transmission Tower or Telecommunication Facility Equipment Building(s) or Cabinet(s). Exterior tower or telecommunication facility equipment building(s) or cabinet(s) shall not contain more than four hundred (400) square feet of gross floor area, shall 10 Communication Facility 1/11/10 Board of County Commissioners KE not be more than twelve (12) feet in height, and shall maintain the minimum setback, landscaping and screening requirements of the zone in which it is located. K. Modification or Demolition. Any transmission tower or telecommunications facility being modified, demolished or rebuilt shall be in compliance with the standards adopted in this Code. L. Maintenance. Every owner of a transmission tower or telecommunications facility shall take special care to operate, repair and maintain all such facilities so as to prevent failures and accidents which cause damage, injuries or nuisances to the neighborhood and public. All wires, cables, fixtures and other equipment shall be installed in compliance with the requirements of the National Electric Safety Code and all FCC, FAA, state and local regulations, and in such a manner that will not interfere with radio communications, electronic transmissions or all other electromagnetic communications or otherwise cause a safety hazard. M. Review. Each new tower or facility shall be subject to a two (2) -year review by the Director. The review will determine whether or not the originally approved number of antenna and design are still appropriate and necessary to provide adequate communications services. N. Abandonment. The wireless telecommunication facility owner shall remove all wireless telecommunications facilities which are not in use for any six (6) -month period, within three (3) months of the end of such six (6) month abandonment. As a part of such removal, the owner shall re -vegetate the site so that it is compatible with the neighborhood. The Board of County Commissioners shall only determine abandonment after the owner has had notice and an opportunity to be heard. 0. Federal Aviation Agency ("FAA") Form. The applicant shall submit FAA Form 7460- 1, Notice of Proposed Construction or Alteration, except that such form shall not be required for the following: 1. An amateur radio antennae if owned and operated by a federally licensed amateur radio operator or used exclusively for a receive -only antennae. 2. Any existing tower and antennae provided a building permit was issued for a tower or antennae prior to the adoption of this Code. 3. Any emergency telecommunications facilities used exclusively for emergency services including, but not limited to, police, fire and operation of governmental entities. 4. Any antennae used for Federal Communications Commission (FCC) licensees engaged in AM, FM or television broadcasting. P. Telecommunications Act. All telecommunications facilities shall comply with the standards of this Code, all applicable standards of the Federal Telecommunications Act of 1996, and all applicable requirements of the Federal Aviation Administration (FAA). 11 Communication Facility 1/11/10 Board of County Commissioners KE Staff Response: The tower is proposed to be 22' high thereby is not subject to certain FCC requirements. The applicant has provided the necessary information and improvements to substantially comply with the applicable additional standards for telecommunication facilities. VI. SUGGESTED FINDINGS Should the BOCC decide to approve the request for Marathon Tower Number 7 Communication Facility, Staff suggests the BOCC make the following findings: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the Land Use Change Permit for a Communication Facility is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County if recommended conditions of approval are required. 4. That the application can be in conformance with the applicable Sections of the Garfield County Unified Land Use Resolution of 2008, as amended, if recommended conditions of approval are required. VII. STAFF RECOMMENDATION Staff recommends the Board of County Commissioners approve the request for a Land Use Change Permit for a Communication Facility (Tower Number 7) to be operated by Marathon Oil Corporation on a property owned by Chevron USA, Inc. located in the Section 5, Township 6 South, Range 96 West in Garfield County with the following conditions: 1. That all representations made by the Applicant in the application, and at the public hearing before the Board of County Commissioners, shall be conditions of approval, unless specifically altered by the Board of County Commissioners; 2. The operation of this facility shall be done in accordance with all applicable Federal, State and Local regulations governing the operation of this type of facility; 3. No construction may occur on this site between March 1st and July 31st due to potential impact to Sage Grouse; 4. The Applicant shall install a triangular device, as recommended in the wildlife analysis, to prevent perching on the communication tower. 5. This facility shall be included in a weed management program that includes annual monitoring and treatment of Garfield County listed noxious weeds. '"`3 A& /arY'Ac2("4-11c7 12 �o MEMORANDUM To: Kathy Eastley From: Steve Anthony Re: LIPA 6153 Marathon Tower #7 Date: December 14, 2009 The submitted plan as it pertains to noxious weeds and reclamation is acceptable. Staff requests that the applicant include this communication site in a weed management program that will provide for annual monitoring and treatment of Garfield County listed noxious weeds. Due to the small size of the disturbed footprint (400 square feet), staff will not recommend a revegetation security; however we do expect that the applicant will reclaim the site as stated in Article IV, 4-502 E.11 of the permit application. GARFIELD COUNTY Building & Planning Department Review Agency Form Date Sent: December 1, 2009 Comments Due: December 23, 2009 Name of application: Marathon communication Facility 7 Sent to: Garfield County Road & Bridge Garfield County requests your comment in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staff Contact: Kathy Eastley 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Garfield County Road and Bridge Department has no objections to this application with the following comments. We understand the need for good communication in this area as communication by normal means is very limited or impossible. Good communication is critical to operations and safety. -- - Marathon is exempt from the driveway access permit standard as the driveway access to this location is already permitted and meets all driveway access conditions. All vehicles hauling equipment and materials for this application shall abide by Garfield County's oversize/overweight permit system. All vehicles requiring oversize/overweight permits shall apply for them at Garfield County Road and Bridge Department. All vehicles applying for oversize/overweightpermits shall have a letter or e-mail on file with Garfield County Road and Bridge Department from Marathon stating said vehicles can obtain oversize/overweight permits under their road bond on file with Garfield County. Name of review agency: Garfield County Road and Bridge Department By: Jake B. Mall Date December 3, 2009 Revised 3/30/00 01/11/2010 08:41 9709472829 GLENL4OOD BLM IN REPLY REFER TO: 3160 / CON040 United States Department of the Interior BUREAU OF LAND MANAGEMENT Glenwood Springs Energy Office 2300 River Frontage Road Silt. Colorado 81652 January 11, 2010 SENT VIA FACSIMILE TO: 970-384-3470 Building and Planning Department County of Garfield, Colorado 108 Eighth Street, Suite 401 Glenwood Springs, Colorado 81601 RE: Application for Land Use Change Permit Communication Facility Marathon Oil Corporation on behalf of Chevron USA Inc. To Whom it May Concern: EXHIBIT dEle=6;P AMERICA The Bureau of Land Management (BLM), Glenwood Springs Field Office (GSFO), has reviewed the information provided in the Garfield County Planning Department Public Notice regarding a proposed communication facility (Marathon 47) located in Sec, 5, Township 6 South, Range 96 West, Sixth Principal Meridian, approximately 8 miles north of the Town of Parachute, Garfield County, Colorado. The GSFO was provided a copy of the public notice in its capacity as administrator of Federal lands located within 200 feet of the associated private parcel. A public hearing before the Garfield County Board of County Commissioners is scheduled for today, January 1 I, 2010, at 1:15 p.m. No representative of BLM will he in attendance at the meeting, Upon review of the application materials provided to it, the B1.,M has no objection to the proposed 22 - foot -high communication tower on a 20 -foot by 20 -foot concrete pad. Thank you for this opportunity to comment on this application. Sincerely Allen B. Crockett, Ph.D., J.D. Supervisory Natural Resource Specialist ONINNf Id ONlo1Ifl 1 A1NfO`.) cmiArVO Mit I 1 NVQ' UNFAIR! AIR! Board of County Commissioners Garfield County, Colorado 108 8th Street Glenwood Springs, CO 81601 RE: Land Use Change Permits Submitted to Garfield County, Colorado on behalf of Marathon Oil Company Ladies and Gentlemen Lorne C. Prescott and Craig Richardson of Olsson Associates will serve as representatives for Marathon Oil Company (Marathon) and are authorized to act on behalf of, and represent Marathon in all matters related to land use change permit applications submitted to Garfield County. Sincerely, ,./ e.4,___.._, Mike Suek Piceance Operations Manager Marathon Company Board of County Commissioners Garfield County, Colorado 108 8th Street Glenwood Springs, CO 81601 RE: Land Use Change Permits Submitted to Garfield County, Colorado on behalf of Marathon Oil Company Ladles and Gentlemen Lorne C. Prescott and Craig Richardson of Olsson Associates will serve as representatives for Marathon Oil Company (Marathon) and are authorized to act on behalf of, and represent Marathon in all matters related to land use change permit applications submitted to Garfield County. Sincerely, Mike Suek Piceance Operations Manager Marathon Company Board of County Commissioners Garfield County, Colorado 108 8th Street Glenwood Springs, CO 81601 RE: Land Use Change Permits Submitted to Garfield County, Colorado on behalf of Marathon Oil Company Ladies and Gentlemen Lorne C. Prescott and Craig Richardson of Olsson Associates will serve as representatives for Marathon Oil Company (Marathon) and are authorized to act on behalf of, and represent Marathon in all matters related to land use change permit applications submitted to Garfield County. Sincerely, 144 1 Mike Suek Piceance Operations Manager Marathon Company Board of County Commissioners Garfield County, Colorado 108 8th Street Glenwood Springs, CO 81601 RE: Land Use Change Permits Submitted to Garfield County, Colorado on behalf of Marathon Oil Company Ladies and Gentlemen Lorne C. Prescott and Craig Richardson of Olsson Associates will serve as representatives for Marathon Oil Company (Marathon) and are authorized to act on behalf of, and represent Marathon in all matters related to land use change permit applications submitted to Garfield County. Sincerely, Mike Suek Piceance Operations Manager Marathon Company MEMORANDUM To: Kathy Eastley From: Steve Anthony Re: LIMA 6153 Marathon Tower #7 Date: December 14, 2009 The submitted plan as it pertains to noxious weeds and reclamation is acceptable. Staff requests that the applicant include this communication site in a weed management program that will provide for annual monitoring and treatment of Garfield County listed noxious weeds. Due to the small size of the disturbed footprint (400 square feet), staff will not recommend a revegetation security; however we do expect that the applicant will reclaim the site as stated in Article IV, 4-502 E. i 1 of the permit application. 3. Posting of Notice. Except for text amendments to the provisions of this Resolution and existing Planned Unit Developments, at least thirty (30) and not more than sixty (60) calendar days prior to the date of a scheduled public hearing the applicant shall post a notice of the public hearing on the property. Such notice shall consist of at least one sign facing each adjacent road right-of-way, and located so as to be fully visible from the road right-of-way generally used by the public. Such signs shall be provided to the applicant by the Planning Department. (Reso 2009 - 53) 4. The notice shall include the property's legal description, a short narrative describing the current zoning and proposed land use change, and an announcement of the date, time and location of the scheduled hearing, names of the owners of the property and their designated representative. 5. Proof of Notice. At the public hearing, the applicant shall provide proof of publication, proof of notification or attempt of notification to adjacent property owners, and proof of posting notice on the property. The applicant shall provide proof of notification or attempt to notice owners of mineral interest In the subject property. I have enclosed the suggested public notice in Word format so you may add necessary information (such as the legal description) of the subject site. A poster will be necessary to meet the requirement for posting of the property, please let me know when you are able to come to our office to pick that up. These posting and public notice documents for the BOCC public hearing are provided as a courtesy. The Applicant must verify that all information provided in these documents is correct. As always, it Is the obligation of the Applicant to correct any deficiencies such that proper notice in form and substance can be established. Note: I have also enclosed a referral form which lists the federal, state and local agencies who will review the application. We will require eleven (11) copies of the completed application and supplemental materials. Please provide this information no later than December 1, 2009 (but ASAP If possible). tithe copies have not been submitted by this date, your public hearing may be jeopardized. Feel free to contact me with any questions. CC: Deb Quinn, Assistant County Attorney 21352730 21710410002 213534300957 21690 :.027 Chevron USA Inc 217105200002 Area: 635 acres Tower,Number,7 216901200001 16902200019 11400011 6914100022 241101300001 Parcels represented are within 200 of affected parcel 217105300951 217104300015 217108100952 217117200953 217119400954 1 0.5 17118200008 217109300013 217121300955 L._y..:. ��., 217129100005 1 2 1 inch equals 4,001 feet Miles Tdref Number 7 parcels Parcel Ownership J EnCana Oland Gas (USN Inc. ® PRckell Land Company ��Edsdn9Rivate Reads 217105260032 {rhea 635acres) -Erry Petroleum Company and Marathon Cil Company EJ savc9e Umoed Pa^auershi71 11110cnc JHaehler - Garden Gu1dl Road M1 Board or County C°mmuapnrer3 Q Thor, F and Ginger 1 Latham - Wifiams Production RMT Cngacy - Garfield Gounry Roads®&reaaof Land Management - Petroleum Dewaopmel Corporation - Chevron USA Inc 41C PROJECT NO: 0091942 DRAWN Br: 10866 B0a01 GIS Anafyet DATE: 12/16109 ADJACENT PARCEL EXHIBIT COMMUNICATION TOWER NUMBER 7 MARATHON OIL COMPANY GARFIELD COUNTY, COLORADO C)/ OLSSON ASSOCIATES 826 21.172 ROAD GRAND JUNCTION, CO 81505 TEL 970263.7800 FAX 970.283.7458 FIGURE 1 Marathon Oil Company—Tower No. 7 Adjacent Property Owners (Chevron USA Inc., Surface Owner) THOMAS F & GINGER LATHAM PO BOX 66 DE BEQUE, CO 81630-0036 SAVAGE LIMITED PARTNERSHIP ATTN: JOHN SAVAGE PO BOX 1926 RIFLE, CO 81650 DONNA J KOEHLER PO BOX 300 DEBEQUE, CO 81630 PUCKETT LAND COMPANY 5460 S QUEBEC ST STE 250 GREENWOOD VLG, CO 80111-1917 BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY 108 8TH ST STE 213 GLENWOOD SPGS, CO 81601-3363 BUREAU OF LAND MANAGEMENT 50629 HIGHWAY 6 & 24 GLENWOOD SPRINGS, CO 81601 ENCANA OIL & GAS (USA) INC. C/O K.E. ANDREWS & COMPANY 3615 S HURON STREET, SUITE 200 ENGLEWOOD, CO 80110 BERRY PETROLEUM COMPANY & MARATHON OIL COMPANY 1999 BROADWAY STE 3700 DENVER, CO 80202 PETROLEUM DEVELOPMENT CORPORATION CIO K.E. ANDREW & COMPANY 1900 DALROCK ROAD ROWLETT, TX 75088 WILLIAMS PRODUCTION RMT COMPANY ATTN: LAND DEPT SANDY HOTARD P.O. BOX 370 PARACHUTE„ CO 81635 82621V2 Road TEL 970.263.7800 Grand Junction, CO 81505 FAX 970.263.7456 www.oaconsulting.com ' OLSSON ASSOCIATES