HomeMy WebLinkAbout2.0 BOCC Staff Report 05.07.2012April 30 , 2012
Attention : Board of County Commissioners
Garfield County Plaza Building
1 08 8th Street
Glenwood Springs , Colorado, 81601
Garfield County
B UILDIN G & PLANNI N G D E PAR TMENT
RE: Bargath , LLC -Kokopelli Phase II: Pipeline Development Plan Review for a 16-inch
diameter natural gas pipeline (PDPA 7056)
Dear Commissioners ,
Please find attached the Director's Determination with exhibits and appl ication to co nsider a
request for a call-up to determine whether to uphold , modify, or reverse the Director's
Determination of approval for a Pipeline Development Plan Review for a proposed 22 mile long
natural gas pipeline located on both fee s imple and federal land .
Thank you ,
Molly Orkild-Larson
Senior Planner, AICP, RLA
03 75 Co unty Ro ad 352, Building #20 60 • R(f/e, CO 81650
(97 0) 625-5900 • Fax : (97 0) 62 5-5939
108 Eighth Street, Suit e 401 • Glenwood Springs , CO 8160 1
(97 0) 945 -8212 • Fax: (970) 384-3470
Exhibits -Pipeline Development Plan -Bargath LLC, Kokopelli Phase II Pipeline (PDPA 7056)
BOCC Public Meeting (05/07/12)
April 13, 2012
Attention : Phil Vaughan
PVCMI -Land Plann ing Div ision
1 038 County Road 323
Rifle , CO 81650
Garfield County
B UI L DING & PLANNI N G DE PARTMENT
RE: Bargath , LLC -Kokopelli Phase II : Pipeline Development Plan Review for a 16-inch
natural gas p ipeline (PDPA 7056)
Dear Phil ,
Upon review , the Application was deemed technically complete on January 12 , 2012 and has b~en
reviewed against the submittal requirements required in Article IX Section 9-104 and Article VII
Section 7-815 of the Unified Land Use Resolution of 2008 , as amended . This letter shall constitute
Garfield County's review of the project.
On February 8, 2012 this application was placed on hold . This letter also requested that the
Director's Determination not be issued on February 9, 2012 in order to allow the Applicant to
investigate alternative pipeline routes that may alleviate some of the concerns the Mackley and
Boe families expressed . A signed time waiver was also provided to County Planning staff. A
letter was received by the Applicant's representative on March 2, 2012 requesting the appl ic atio n
be re-activated.
Section 9-104 DEVELOPMENT PLAN SUBMISSION
A. Vicinity Map
An overall map of the proposed pipeline and Right-of-way Alignment Sheets are provided in
the application .
B. Project Overview
Enterprise Gas Processing , LLC (Applicant) proposes to construct approximately 22 miles of a
16-inch diameter pipeline that will transport natural gas from the Bargath , LLC Dry Hollow
Compressor Station , south of Silt, CO, to the Bargath , LLC Rul ison Compressor Stat ion ,
located near the intersection of U .S. Highway 6 and 24 and An vil Po ints Road . This new
pipeline will be used for the transportation to conditioning facili ti es and then to market. The .
purpose of th is pipeline is to provide safe , reliable, and cost effect ive transportat ion of natura l
gas produced in the area .
The proposed pipeline is located within Garfield County on privately owned land , U.S. Fo rest
Service , and Bureau of Land Management properties . Approxi mat ely 16 miles are on fee
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0375 County Road 35 2, Building #20 60 • Rifle, CO 81650
(97 0) 62 5-590 0 • Fax: (970) 625 -5939
108 Eighth Street, Sui te 401 • Glenwood Spri ngs, CO 81601
(97 0) 945 -82 12 • Fax: (970) 384 -3470
simple parcels and is subject to this review process. The remaining six miles of pipeline is on
federal land and shall be reviewed by the Bureau of Land Management.
The new pipeline will maintain a 75 foot wide construction right-of-way and a 50 foot wide
permanent easement. The majority of the proposed pipeline is located in an existing,
disturbed right-of-way to limit surface disturbance to previously disturbed areas.
C. Ownership
Property Owner with Pipeline Located on Parcel Parcel No.
Delaney and Dunn, LLC 2401-043-00-059
Gary D. and Karen K. Hill 2401-093-00-011
2401-083-00-199, 2401-084-00-129, 2401-
Marvelle Couey and W. Kelly Couey 171-00-234, 2401-172-00-026, 2401-172-00-
188, 2401-184-00-131
Lester A. and Janet E. Graham and Stephen T., Mary 2403-131-00-033 & Cheryl McDermott
Gretchen Dumas 2403-144-00-035
James Rose 2403-153-00-046
Youberg Beaver Creek Ranch 2403-073-00-001
Rudolph Associates, LLC 2403-082-00-030
William Production RMT Company 2405-043-00-089, 2405-042-00-090, 2405-
042-00-071, 2175-334-00-047
Waters of the US N/A
Rancho Grande, LLC 2175-281-00-024
Clough Sheep Company 2175-221-00-140 2175-281-00-023
Colorado Department of Transportation N/A
Union Pacific Railroad N/A
There are 35 well production buildings, one well production tank, six houses, 14 outbuildings,
and seven cabins within 350 feet of the proposed pipeline. None of these structures are within
the pipeline construction or permanent right-of-ways.
Adjacent Property Owners within 200 Feet of the Parcel No. Pipeline
Nancy S. Pitman Revocable Living Trust & Barbara A. 2401-161-00-028
Pitman A Revocable Living Trust 2403-224-00-016
Shaeffer, Ltd. 2401-182-00-294
Walter & Walker Roles 2403-134-00-010
Timothy Allen & Ida Lynn Roe 2403-242-00-059
Allen R & Johanna L Ball 2403-133-00-058
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Adjacent Property Owners within 200 Feet of the Parcel No. Pipeline
John Paul II & Jessica Leigh Miller 2403-133-00-057
Teepee Bible Camp 2403-232-00-020
Encana Oil & Gas (USA) Inc. 2403-093-00-043
George R Bauer 2403-083·00-029
Joan L Savage 2405-013-00-066
2405-101-00-025
Winchester Trust dated 09/30/03 & Scarber Allen
Russell as Co-trustees & Schults Alice Marie as Co-2405-024-00-017
trustees
Arnold L & Darleen E Mackley 2405-041-00-018
Richmond B & Susan E Stoakes 2405-041-00-079
Hilltop 2F2 Ranch, LLLP 2175-333-00-154
Westfork Ranch, LLC 2175-334-00-112
D. Notice to Surface Owners
Evidence of surface owner notification and surface agreements has been provided.
E. Need for Proposed Action
The purpose of this pipeline is to construct a pipeline to deliver natural gas to be transported
from the Bargath LLC Dry Hollow Compressor Station, south of the Town of Silt to the
Bargath LLC Rulison Compressor Station, located near the intersection of US Highway 6 and
24 and Anvil Points Road for transportation to conditioning facilities and then to market.
The transportation of natural gas via pipeline is a critical process in delivering gas to the
market system as is needed to keep up with the natural gas production curve of the natural
gas gathering system.
F. Regulatory Permit Requirements
The following table provides the applicable permit agency name, permit required, and status
of permit for this application.
Permit Agency Perm it Needed Permit Status
Colorado Department of Public Colorado Discharge Permit System The COPS Permit was issued on 09/06/11, Health and Environment-Water stormwater Permit# COR031143 Quality Control Division
WestWater Engineering Nationwide Permit 12
Verification Request and Preliminary
US Army Corp of Engineers Nationwide Permit 12 for Utility Activity Jurisdictional Request and Pre-Construction
Notification dated 11/11.
A permit has not been received.
Colorado Department of Public Land Development GP03 General Permit
Health and Environment, Air Fugitive Dust Emissions applied for on 08/23/11, covered under the
Pollution Control Division GP03 Permit issued 11/10/2009
Submittal was made in 10/11. This process
Bureau of Land Management Right-of-Way will include the approval of the Colorado River
bore.
Garfield County Road and Bridge Utility Crossing Permit Application for A submittal has not been made but
shall be submitted and obtained prior to Department CR 336 Jenkins Cutoff construction of the pipeline.
Garfield County Road and Bridge Utility Crossing Permit Application for A submittal has not been made but
shall be submitted and obtained prior to Department CR 315 Mamm Creek Road construction of the pipeline.
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Garfield County Road and Bridge Utility Crossing Permit Application for A submittal has not been made but
Department shall be submitted and obtained prior to CR 319 to West Mamm Creek Road construction of the pipeline.
Garfield County Road and Bridge Utility Crossing Permit Application for A submittal has not been made but
shall be submitted and obtained prior to Department CR 317 Beaver Creek Road construction of the pipeline.
Garfield County Road and Bridge Utility Crossing Permit Application for A submittal has not been made but
shall be submitted and obtained prior to Department CR 325 Porcupine Creek Road construction of the pipeline.
Garfield County Road and Bridge Utility Crossing Permit Application for A submittal has not been made but
shall be submitted and obtained prior to Department CR 329 Spruce Creek Road construction of the pipeline.
Garfield County Road and Bridge Utility Crossing Permit Application for A submittal has not been made but
shall be submitted and obtained prior to Department CR 320 Rifle/Rulison Road construction of the pipeline.
Colorado Department of Utility Permit Application Application has been submitted on November
Transportation Highway 6 and 24 ROW Installation 15, 2011. No permit has been received.
A submittal was made 10/29/11
Union Pacific Railroad Utility License -Bored crossing Permit received, 080808 folder no. 2702-79
issued on November 14, 2011
A submittal has been made. November 2011
City of Rifle Watershed District Permit Permitted issued is March 21, 2012, Permit
No. 2-12
Colorado Dept. of Public Health Colorado Discharge Permit System N/A-discharge to go into a water and Environment, Water Quality Hydrostatic Testing of Pipelines impoundment pond. Control Division
G. Primary Project Participants
The names of project participants were provided and are as follows:
Company Name Contact Address Phone Number/Email Address
Bargath LLC Mr. Tom Fiore 1001 17" Street, Ste. 1200 (970) 210-1641: Authorized
Representative Denver, CO 80202 Tom.Fiore@Williams.com
DR Griffin & Associates, Mr. Larry Bodyfelt, 1414 Elk Street, Ste. 202 (307) 362-5028; Inc. Project designer and PELS Rock springs, WY 82901 lbodyfelt@drg-wy.com Survey Firm Engineering Manager
Pipeline Construction TBD Company
H. Project Facilities
A 75 foot construction and 50 foot permanent right-of-way easements are proposed. All
above ground piping and improvements at the pig receiver facilities located at the Rulison
Compressor Station, will be painted "Desert Brown" to blend with the environment and the
existing facilities on-site.
The above ground piping at the CR 317 block valve will be painted "Juniper Green" to blend
with the environment and the existing facilities on-site.
I. Construction Schedule
Construction of the pipeline is scheduled to begin upon receipt of application permits and will
take approximately 37 weeks to complete. The Applicant has indicated that construction is to
occur between May and November 2012 to avoid impacts to wildlife at critical times of the
year (December 1 through April 15). Colorado Parks & Wildlife strongly supports completing
construction of the pipeline before the end of November and preferably before October when
big game rifle hunting season begins.
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J. Sensitive Area Survey
Several reports are provided to address areas of concern within and adjacent to the
proposed pipeline including a Biological Resources and Sensitive Areas Report prepared by
WestWater Engineers dated November 2011 and Class Ill Cultural Resource Inventory
prepared by Grand River Institute dated November 3, 2011.
Biological Resources and Sensitive Areas Report
Federal Listed Threatened, Endangered, Candidate Wildlife Species
There are five wildlife species of federally endangered, threatened or candidate status that
may potentially occur in the project area. These species include: Colorado pikeminnow,
razorback sucker, Canada lynx, Mexican Spotted Owl, Yellow-billed Cuckoo. However, since
construction plans call for boring under the Colorado River and above the 1 00-year floodplain,
none of the critical habitats for the Colorado pikeminnow and razorback sucker will be
affected. No impacts are expected for the other three species.
Colorado, BLM and WRNF Special Status Wildlife Species
Species listed in the report that requires mitigation measures include the Bald eagle and
Colorado River cutthroat trout.
Raptors (excluding those listed as state and federal T&E and Sensitive)
Eleven species of raptors may potentially occur in the project area, several of these species
were observed during the field investigation. Thirty-seven nests were noted in the field, five
of which were occupied. Three of these nest sites may be affected by construction activities
through loss of the nest tree during clearing the right-of-way.
Migratory Birds
In order to reduce potential impacts on nesting birds along the pipeline, brush clearing in
suitable migratory bird habitats should take place outside of the nesting seasons.
Mammals
The entire project area is within mule deer winter range; a large portion is within severe
winter range and critical winter range. The entire pipeline alignment is in elk winter range;
portions of the right-of-way are in severe winter range and winter concentration areas. The
presence of both species throughout the year indicates that fawning and calving is occurring
in suitable habitat in the project area.
No specific mitigation is necessary for large carnivores, small mammals, reptiles, and
amphibians.
Threatened, Endangered, or Candidate Plant Species
No suitable habitat or soils is located in the project area for the two listed, potential or
candidate species plant species.
Sensitive Plan Species
Harrington's beardtongue is the only sensitive species observed in the project area.
However, no mitigation is required for this species since it has no specific federal or state
protection on private lands.
Wetlands
A total 53 potentially jurisdictional drainages will be cross by the proposed pipeline; twenty-
eight of the drainages would likely be jurisdictional. Seven of the crossings involve wetlands.
A Nationwide 12 Permit was applied for but no permit has been received. Staff recommends
that obtaining this permit be made a condition of approval.
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Class Ill Cultural Resource Inventory
The Class Ill Cultural Resource Inventory by Grand River Institute dated November 3, 2011,
states that no sites have been previously recorded within the project area and six new
resources (five sites and one isolated find) were documented by the intensive inventory. All
of these were field evaluated as not eligible for listing on the National Register of Historic
Places and no further work is recommended.
K. Revegetation Plan
An Integrated Vegetation and Noxious Weed Management Plan prepared by WestWater
Engineering dated November 2011 is provided in the application. This report has been
reviewed by the Garfield County Vegetation Manager and found acceptable.
L. Weed Management Plan
An Integrated Vegetation and Noxious Weed Management Plan prepared by WestWater
Engineering dated November 2011 is contained within the application. The Garfield County
Vegetation Manager has reviewed the Revegetation and Weed Management Plans and finds
them acceptable.
M. Emergency Response Plan
An Emergency Response Plan is included within the application. Rifle Fire Protection District
has provided comments to revise this document.
N. Traffic Impact
The primary staging areas and pipe materials will be stored at the selected pipeline
contractor's yard. It is anticipated that all of the pipe will be hauled to the construction right-
of-way via County Roads 315, 317, 319, 320, 325, 329, and 336.
The work day will begin at 7:00 am and end at 7:00 pm, seven days per week. All employee
vehicles will be parked at the staging areas. Only contractor vehicles will be allowed onto the
pipeline right-of-way. Each work day personnel will be transported to the work area in either
company vehicles or within a large capacity vehicle.
The majority of the traffic outlined above can be expected between the hours of 6:00 am and
7:00am and from 7:00 pm to 8:00pm. During pipeline installation, there will be 25-35 pickup
trucks, welding trucks, x-ray trucks, etc. along with 10-15 large heavy hauling type vehicles
during that time. One may anticipate 6 to 10 large capacity vehicles during the stated times.
As many vehicles and equipment will be left at the staging areas as possible when not in use.
0. Staging Areas
The "staging areas" indicated on the Alignment Sheets 1-26 are temporary work sites where
the Applicant needs additional space for equipment when building the pipeline. All
employees will park their vehicles at off-site lay down yards and be transported to the work
area of the pipeline. All equipment being used to build the pipeline will be kept in the pipeline
right-of-way. ·
P. Hydro Test Water
The Applicant provided a letter in the application date August 24, 2011 addressing
hydrostatic testing and legal water source for this testing. The water used in the hydrotesting
is from the Colorado River. Once the hydrostatic testing is complete, this water will be
transported either by pipe or truck to an 80,000 bbl water storage pit on well pad RWF 24-4-
794 and reused in natural gas well completion activities. The Applicant's representative
indicated that the transport of this water will most likely be via truck.
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Section 9-105 REFERRAL AND REVIEW BY PLANNING DIRECTOR
A. Referral Comments
Staff referred the application to the following State agencies and/or County Departments for
their review and comment. Comments received are briefly mentioned below or are more
comprehensively incorporated within the appropriate section of this report. Comment letters
are attached and labeled as noted.
1. County Road and Bridge Department (Exhibit A): This agency has the following comments:
• The Applicant needs to obtain an utility permit for each pipeline crossing a County
Road;
• The Applicant shall an Access Permit for any new access roads onto a county road,
if applicable;
• All vehicles transporting equipment and material used for the project will abide by
Garfield County's oversize/overweight regulations, and follow all approved haul
routes. Vehicles requiring oversize/overweight permits obtain a permit from the
Garfield County Road and Bridge Department; and,
• The permit owner and/or contractor responsible for any road damage must contact
the Garfield County Road and Bridge Department prior to making any repairs.
Paved roads must be patched as soon as possible, and as weather permits. All
disturbed/damaged gravel roads requires new gravel, magnesium chloride
treatment, and re-grading in the area of damage or excavation.
2. County Vegetation Management (Exhibit B): This agency's comments are as follows:
• The Revegetation Plan and Integrated Vegetation and Noxious Weed Management
Plan are acceptable;
• The surface are disturbed by the pipeline is 146.34 acres. A revegetation security
of $365,850 (146.34acres x $2,500/acre) is requested;
• The security shall be held by Garfield County until vegetation has been successfully
re-established according to the Reclamation Standards in the Garfield County
Weed Management Plan. It is the responsibility of the Applicant to contact the
County, upon successful revegetation establishment, to request an inspection for
security release consideration; and,
• The Reclamation Standards at the date of permit issuance are cited in Section(s)
4.06, 4.07 and 4.08 of the Garfield County Weed Management Plan (Resolution
#2002-94).
3. Consulting Engineer for Garfield County, Mountain Cross Engineering, Inc. (Exhibit C):
This consultant's comments are as follows:
• The cathodic protection detail may be from another project, the Applicant shall
verify that the design is applicable to the proposed project;
• Piping and boring/crossing plans have an incorrect date certification, please clarify;
• Clarify if the certifying engineer is licensed in the State of Colorado;
• The Applicant needs to address the access of the dirt road north of the bore pit of
the rail road crossing;
• The Applicant shall address the utility crossing, CDOT, and railroad permits; and,
• The construction schedule should conform to the recommended seasons to not
conflict with raptor nesting.
Any of the above items that have not been addressed shall be made a condition of
approval for this application.
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4. Rifle Fire Protection District (Exhibit D): This agency's comments are as follows:
• To be consistent with Kokopelli Phase I and between fire districts, the requirements
from Burning Mountain Fire Protection District shall apply to this project for the
construction of the pipeline;
• Adhere to the "Construction of Pipeline" conditions as stated in the referral email;
• Modify the Emergency Plan as stated in the referral email;
• Modify Construction Management Plan as stated in the referral email;
• If explosives are used during construction a Blasting Permit is required and
obtained from the Rifle Fire Protection District; and,
• Modify the Spill Prevention Plan as stated in the referral email.
Staff comment: A letter has been provided from the Rifle/Burning Mountain Fire Protection
Districts stating that their concerns have been met (Exhibit J).
5. Burning Mountain Fire Protection District (Exhibit E): This agency indicated in their referral
response that the Rifle Fire Protection District will address both Rifle and Burning Mountain
Fire Protection Districts' issues and concerns regarding this application.
6. Colorado Parks and Wildlife (Exhibit F): This agency indicates that they wish to add 19
additional Best Management Practices (BMP) to the mitigation measures identified in the
Biological Resources and Sensitive Areas Report prepared by WestWater Engineers dated
November 2011 in the application.
7. Adjacent Property Owner, Arnold and Darleen Mackley (Exhibit G) This property owner has
the following concerns:
County Road 329 (CR 329)
• CR 329 is inadequate to serve existing and future truck traffic due to insufficient
road base, steep grades, and narrow road width;
• CR 329 can't be widened due to the topography and adjacent drainageway;
• Existing and future truck trips to be added to CR 329;
• Trucks speeding on CR 329; and,
• CR 329 in its present condition is experiencing erosion into adjacent drainages and
road damage from unauthorized pullovers by trucks to remove chains during winter
months.
View Shed Concerns
• Concerns of the view shed from 1-70 and existing property owners; and,
• Reclamation of land when only one-inch of topsoil is available.
Livestock on Federal Lands
• Roadways and pipeline right-of-ways will make it impossible to control cattle on the
federal lands with grazing permits and as part of this and future Pipeline
Development Plan reviews, Garfield County should make it a condition of approval
that the Applicant install wing fences and cattle guards on federal lands to keep
livestock on these parcels
Dust from Roads
• Concerns regarding existing and future dust problems created by the trucks on CR
329 and other access roads.
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BLM Lands
• Concerns of the preservation of historic sites, springs on BLM lands, and Indian
sites;
• Ask that BLM force existing landowners and the Applicant work together on using
existing roads and right-of-ways instead of proposing a new pipeline easement; and,
• In order to reduce visual impacts to the area, the Applicant should place the
proposed pipeline in the existing pipeline along CR 350 instead of the creating
another pipeline easement.
Section 9-106 DEVELOPMENT PLAN REVIEW STANDARDS AND CRITERIA FOR
APPROVAL
A development plan shall be approved or conditionally approved in accordance with the standards
and criteria contained in Section 7-815.
A. Located Along Perimeters.
The proposed alignment is located along
B. Noise Abatement.
The Applicant has provided a letter from Hankard Environmental addressing noise to be
generated from the proposed pipeline. This noise analysis states the predicted pipeline
construction activity noise levels will comply with Colorado Oil and Gas Conservation
Commission Rules and regulations, Section 802.
C. Visual Impact
Majority of the new pipeline is located in existing, disturbed right-of-ways, along fence lines,
and existing road right-of-ways.
All above ground piping and improvements at the pig receiver facilities located at the Rulison
Compressor Station, will be painted "Desert Brown" to blend with the environment and the
existing facilities on-site. The above ground piping at the CR 317 block valve will be painted
"Juniper Green" to blend with the environment and the existing facilities on-site.
D. Access points to Public Roads.
See item N. Traffic impacts as mentioned above.
E. Threatened and Endanger Species.
See item J. Sensitive Area Survey as mentioned above.
F. Air Contaminant Emissions.
The Applicant agrees to meet the control provisions set forth by CDPHE. A General
Construction Permit for Land Development Projects is included in the application.
G. Water Quality Control Standards.
The Applicant receives a COPS permit from CDPHE for this project (Certification Number:
COR031143).
H. Waste Disposal or Treatment Facilities.
The Applicant is not proposing an Individual Septic Disposal System (ISDS) but rather portable
chemical toilets along the pipeline easement. These port-a-potties will be located in the areas
where work is occurring.
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I. Reclamation Plan.
Revegetation and reclamation is address in the Weed Management Plan and the Stormwater
Management Plan.
J. Removal of Abandoned Pipeline.
The abandoned pipeline will be removed as per the most current COGCC regulations at the
time of abandonment.
SUMMARY OF REVIEW
Enterprise Gas Processing, LLC (Applicant) proposes to construct approximately 22 mile new 16-
inch diameter pipeline that will transport natural gas from the Bargath, LLC Dry Hollow
Compressor Station, south of Silt, CO, to the Bargath, LLC Rulison Compressor Station, located
near the intersection of U.S. Highway 6 and 24 and Anvil Points Road for the transportation to
conditioning facilities and then to market. The proposal of this pipeline is to provide safe, reliable,
and cost effective transportation of natural gas produced in the area.
The County received a letter from Arnold and Darlene Mackley (Exhibit G) expressing their
concerns regarding the proposed pipeline alignment. This letter was forwarded onto the Applicant
whereby the Applicant met with the Mackley and Bee families to discuss their concerns. Mr.
Mackley has also met with County staff to discuss the items indicated in his letter, specifically
locating the proposed pipeline in an existing pipeline easement situated on the Savage's property.
Mr. Mackley indicated that the Savages were receptive to this idea. During this conversation with
Mr. Mackley the location of the Savage parcel he was referencing was never solidified nor were
any details provided regarding on the existing right-of-way easement (i.e., ownership of existing
pipelines within the easement, whether the easement could accommodate another pipeline, etc.).
The Applicant submitted a request to County staff to waive the Director's Determination date in
order to explore an alternative pipeline route to address the Mackley and Bee families' concerns
(Exhibit H). In a letter from the Applicant, dated March 2, 2012 (Exhibit 1), they determined that re-
routing the pipeline would require additional right-of-way costing approximately $1 ,500,000 in
additional studies, engineering, and right-of-way costs making this alternative cost prohibitive.
Therefore, the Applicant wishes to proceed with the pipeline alignment proposed in the application.
Upon substantive review of the documents submitted against the required standards and criteria in
Section IX of the Unified Land Use Code Resolution 2008, as amended, Staff has made a
determination of Approval with Conditions for the Bargath, LLC -Kokopelli Phase II Pipeline
(PDPA 7056).
The specific conditions include the following:
1. Any equipment used in construction or operation of a pipeline shall comply with the Colorado
Oil and Gas Conservation Commission Rules and Regulations, Section 802, Noise Abatement.
Additionally, all power sources used in pipeline operations shall have electric motors or muffled
internal combustion engines.
2. Pipeline operations shall be located in a manner to minimize their visual impact and
disturbance of the land surface. Facilities shall be painted in a uniform, non-contrasting, non-
reflective color, to blend with the adjacent landscape. Right-of-way shall be located in existing
disturbed areas unless safety or visual concerns or other adverse surface impacts clearly
dictate otherwise.
3. In no case shall an operator engage in activities which impact Federal or State threatened and
endangered species.
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4. Air contaminant em1ss1ons shall be in compliance with the applicable permit and control
provisions of the Colorado Air Quality Control Program, Title 25, Resolution 7, C.R.S.
5. All operations shall comply with all applicable Federal and State Public Health and
Environment, Noise, and Air and Water Quality Control standards.
6. Should an abandoned pipeline be removed, it shall be subject to the original revegetation and
weed management requirements in the original application.
7. Prior to the issuance of a Land Use Permit, the Applicant shall provide the Garfield County
Planning Department with a bond to the amount of $365,850 (146.34 acres x $2,500/acre) is
requested. The security shall be held by Garfield County until vegetation has been
successfully reestablished according to the Reclamation Standards in the Garfield County
Weed Management Plan. It is the responsibility of the applicant to contact the County, upon
successful revegetation establishment, to request an inspection for security release
consideration.
8. The security shall be held by Garfield County until vegetation has been successfully re-
established according to the Reclamation Standards in the Garfield County Weed Management
Plan. It is the responsibility of the applicant to contact the County, upon successful
revegetation establishment, to request an inspection for security release consideration. The
Reclamation Standards at the date of permit issuance are cited in Section(s) 4.06, 4.07 and
4.08 of the Garfield County Weed Management Plan (Resolution #2002-94).
9. Any straw or hay bales used in erosion control shall be certified weed free.
10. The Applicant shall adhere to the Biological Resource Report Sensitive Areas Report's
prepared by WestWater Engineering, Inc. (dated November 2011) wildlife mitigation
recommendations including:
Bald Eagle
a. A resurvey of the Colorado River corridor prior to construction is recommended to verify
the status of Bald Eagle use in the project area.
Cutthroat Trout
a. Ensure no hazardous materials enter the aquatic environment. This includes potential
spills of diesel fuel from heavy equipment during construction.
b. Manage vegetation along Beaver Creek to ensure stable banks and upland cover, which
helps protect water quality and reduces erosion that may result in increased sediment
loads.
c. Ensure that the culvert pipe used to flume flows in Beaver Creek is installed properly.
d. After installation of the pipeline, ensure that the physical characteristics of the stream bed
and bank are similar to pre-construction conditions. This would allow for free movement
of fish up and down stream.
Raptors (excluding those listed as state and federal T&E and Sensitive)
Within areas of suitable habitat, there is a range of alternatives for mitigating potential affects to
nesting raptors; these alternatives are presented below.
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a. In suitable raptor habitat or in areas surrounding known nest sites, potential affects to
raptors would be mitigated by constructing the pipeline prior to the beginning of the
nesting season. By avoiding this timeframe, effects to raptors by disturbance would be
eliminated. In the project area, the nesting season generally occurs from late March to
early August and therefore may encompass 5 to 6 months. At lower elevations, raptors
begin nesting earlier in the year and at higher elevations the nesting season is delayed
due to colder environmental conditions effecting plant phenology and prey availability. In
2012, if construction (including site preparation) can be initiated prior to the time period
when raptors establish territories and begin nest construction, then potential effects will
likely be minimized. Raptors considering nesting in the project area would relocate to
alternative territories to nest in response to construction activities.
b. In suitable raptor nesting habitat or at known nests within survey area buffers, during the
nesting season, initial mitigation would include resurvey of the know nests. Typically, if
nest sites are not occupied by May 15, it is unlikely nesting will occur during that year.
c. In the event an active raptor nest is detected within or adjacent to the pipeline right-of-
way and it is determined, after field surveys and biological analysis, that construction
disturbance may affect the success of the nest; two mitigation actions may be employed.
1) The CPW (Craig 2000) has provided information (in the form of guidelines) for the
protection of raptor nesting habitat as it relates to disturbance that may affect a nest
site. The guidelines include spatial buffer zones and temporal recommendations,
which are intended to protect nesting raptors. The CPW suggests that if the
guidelines are observed, that the majority of individuals within a species will
continue to occupy the area where disturbance is occurring. CPW guidelines are
shown in Table 8.
Table 8. Timing and buffer guidelines for occupied raptor nests.
Species Buffer Zone Typical Nesting Season,
American Kestrel • •
Bald Eagle 0.50 mile 15 October-31 July
Cooper's Hawk 0.25 mile 1 April-15 August
Golden Eagle 0.50 mile 15 December-15 July
Great Horned Owl • •
Long-eared Owl 0.25 mile 1 March-15 July
Northern Harrier 0.25 mile 1 April -15 August
Osprey 0.25 mile 1 April-31 August
Peregrine Falcon 0.50 mile 15 March -31 July
Prairie Falcon 0.50 mile 15 March -15 July
Red-tailed Hawk 0.33 mile 15 February-15 July
Sharp-shinned Hawk 0.25 mile 1 April -15 August
Swainson's Hawk 0.25 mile 1 April -15 July
"Great Horned Owls and Kestrels are relatively tolerant of human activity. Keep activity
to a minimum during breeding season.
2) Occupied nests, within areas of potential disturbance due to construction activities,
should be evaluated on a case-by-case basis. The determination of whether
12
construction disturbance would be a significant factor with successful nesting would
be based on potential mitigating factors such as the geographical relationship of
landscape features including topographic barriers, vegetation, and distance from
disturbance. Hills, valleys, and dense vegetation often provide security for nesting
raptors and reduce the potential for project related disturbance. This mitigation may
involve monitoring the progress of the nest, evaluating response to initial
construction activities, and proceeding with construction by minimizing unnecessary
disturbance in the vicinity if the nest. Often individual pairs of a species of raptors
habituate and tolerate human activity, particularly in situations where nests are
occupied in an area of ongoing human activity that would be similar to those
associate with pipeline construction.
Migratory Birds, including Birds of Conservation Concern (BBC) (other than raptors and
sensitive species)
a. In order to reduce potential impacts on nesting birds, brush clearing in suitable migratory
bird habitats should take place outside of the nesting seasons. Nesting season is
generally considered between May 15 and July 31 in this area for most species. May 15
to July 15 is the peak period when most incubation and brood rearing takes place. If
brush clearing can occur prior to May 1, most affected birds will relocate to alternate
nesting sites. After mid to late July, most fledging has occurred and brush clearing
impacts would be minimized. If bush clearing occurs in suitable habitat during nesting
season, surveys may be conducted to determine if nest sites may be affected by
construction.
b. The alignment of the pipeline corridor through agricultural fields and adjacent to existing
pipelines and roads will help reduce affects to migratory birds. Migratory birds tend to
avoid nesting habitats in habitats in close proximity to well traveled roads.
Mule Deer and Elk
Mitigation for this project includes construction phase and post-construction recommendations.
Construction Mitigation
Winter Construction: Construction of the pipeline during the winter period (December 1 -April
30) has the greatest potential for effects to mule deer and elk. Both species are under
physiological stress during the winter due to reduce forage availability, decreased forage
quality, increased energy expenditures due to cold temperatures, and snow cover that impedes
movements.
Pipeline construction along perennial streams is best accomplished during low stream flows,
which typically occurs between late-summer and spring runoff. Construction during the time
period prior to spring runoff would likely coincide with CPW recommended big game timing
limitations (TL) guidelines.
The following are potential alternatives to mitigate impacts to deer and elk and still begin or
continue with project construction.
a. Because the proposed project lies within a sensitive area for wintering big game,
consultation with CPW is recommended prior to the initiation of development. CPW may
recommend construction restrictions during the winter period. However, if mild winter
conditions occur during 2011-2012, it is recommended that CPW be consulted regarding
a suspension of the timing limitation for a minimum of the last 60 days of the standard
December 1 to April 30 time frame (152 days). If extremely mild conditions occur, a
request may be made to CPW to suspend the Tls for a longer time frame.
13
b. In areas where pipeline stream crossing construction is planned during low flow periods
(prior to April 15, 2012): construction may result in consideration given to granting a
suspension of the TL based on the following factors and the potential for affects to
wintering big game. Factors for consideration include:
1) The number and distribution of deer and elk in the proposed construction zone as
determined by field surveys prior to construction and subsequent consultation with
CPW. The size of the buffer would be determined based on the number of animals
potentially affected. Exceptions to recommended buffer distances may be
influenced by or reduced based on topography, vegetation, changes in elevation,
and other screening factors.
2) Assess and recommend to CPW how the amount, conditions of available alternative
forage, cover, and concentrations of animals in alternative habitat may mitigate
construction activities.
3) Assess and recommend to CPW, if winter conditions including snow depth,
temperatures, and date of stream crossing construction will negatively affect big
game.
4) Assess the level of existing disturbance in the area of construction such as vehicles
on county roads, active well pads, use of roadways by production equipment (water
trucks, maintenance, and monitoring) and compressor stations.
5) Stage construction at crossings such that only one area is affected at a time. As an
example, East Mamm Creek should be completed prior to starting work at Middle
Mamm Creek, if big game populations may be negatively affected by working
concurrently at both sites.
6) Limiting construction between the hours of 9:00 am to 4:00 pm during December
15-March 15, to allow animals seclusion during critical winter periods.
7) Minimize the length of open trenching and provide escape ramps at reasonable
intervals during non-working time periods (e.g., at night). Beginning and ending
points of open trenches should have escape ramps.
Summer Construction: During spring and summer months, deer and elk are not restricted in
their ability to move about their selected ranges. Forage is not typically a limiting factor and
effects of pipeline construction decrease during this time period. Mitigation recommendations
include the following:
a. Minimize the length of open trenching and providing escape ramps at reasonable
intervals during non-working time periods (e.g., at night).
b. Consult with CDOW regarding any special considerations.
Final Reclamation
a. Reclaim disturbed areas with private landowner and federally approved seed mixes as
outline in the reclamation plan prepared for this project 0JVWE 2011 ).
b. Implement an integrated vegetation and weed management plan that includes intensive
and thorough elimination of introduced weed species. In many areas this would include
14
the use of backpack spraying equipment, mechanical control, and introduction of
biological control insects.
c. Restrict access on federal lands with fencing or gates according to the CRVFO and
WRNF travel management guidelines. Access on private lands will be managed at the
discretion of the landowner.
Large Omnivores
The DPW typically recommends bear-proof containers be available for all garbage disposal
sites during construction. Bears are attracted by human garbage and foraging opportunists.
11. The Applicant shall adhere to the wildlife mitigation recommendations set forth in the Colorado
Parks & Wildlife (CPW) letter date January 31, 2012 as follows:
a. CPW request that the Applicant schedule and implement construction activities to avoid
and minimize stream disturbances during June, July, and August to avoid impacts to
critical life stages of cutthroat trout. Further, CWP requests that construction activities for
Beaver Creek crossing occur in late September to avoid sedimentation impacts to young
of the year cutthroat trout. Immediately following stream dewatering, the dewatered
segment should be searched for stranded fish and any fish found be collected and
replaced back in the creek downstream of the diversion culvert.
b. Prior to pipeline development, the Applicant should establish baseline vegetation
conditions and inventories to provide a basis for post-development habitat restoration
across all plant communities along the length of the pipeline, and supporting facilities and
rights-of-way.
c. CPW recommends using the minimum right-of-way width where pipeline cross streams
and riparian areas and retain as much native riparian canopy or stream bank vegetation
as possible. Construction staging areas should be located a minimum distance of 300
feet from any creek, and located entirely out of the riparian areas.
d. CPW requests notification of hazardous material spills, especially those that occur near a
riparian area.
e. During pipeline construction ensure that all dewatering structures and/or sediment bags
are used to remove heavy sediment from discharges when dewatering, and ensure that
dewatering does not occur within 300 feet of water bodies, wetlands, or other sensitive
resources.
f. Spoil storage buffers should be increased to 300 feet from water's edges.
g. Temporary fencing put in place during the construction phase of the project should be
constructed to exclude livestock. Information about fencing for wildlife is available from
the CPW.
h. Establish policies to protect wildlife (e.g., no poaching, no firearms, no dogs on location,
no feeding of wildlife, etc.).
i. Minimize stream disturbance during June and July to avoid impacts to spawning cutthroat
trout.
j. Screen water suction hoses to exclude fish.
15
k. Disinfect heavy equipment, hand tools, boots, and any other equipment that was
previously used in a river, stream, lake, pond, or wetland prior to moving the equipment to
another water body. The disinfection practice should follow this outline:
1) Remove all mud and debris from equipment and spray/soak equipment with a 1:15
solution of disinfection solution containing the following ingredients;
a) Dialkyl dimethyl ammonium chloride, 5-10% by weight;
b) Alkyl dimethyl benzyl ammonium chloride, 5-10% by weight;
c) Nonyl phenol ethoxylate, 5-10% by weight;
d) Sodium sesquicarbonate, 1-5%;
e) Ethyl alcohol, 1-5%; and,
f) Tetrasodium ethylene diaminetetraacetate, 1-5%;
g) And water, keeping the equipment moist for at least 10 minutes and managing
rinsate as a solid waste in accordance with local, county, state, or federal
regulations; or,
2) Spray/soak equipment with water greater than 140 degrees Fahrenheit for at least
10 minutes.
3) Sanitize water suction hoses and water transportation tanks (using methods
described above) and discard rinse water at an appropriately permitted disposal
facility.
I. In order to prevent the potential spread of whirling disease into Beaver Creek, all
vehicles, equipment, and fill material used in Beaver Creek reclamation will be
disinfected. Vehicles will include any excavation equipment or dump trucks used to
transport fill material that will be used within the channel. Equipment will include all
personnel protective equipment (PPE) and hand tools used in the creek (i.e., gloves,
boots, waders, shovels, picks, and survey instruments). Fill material such as gravel,
cobble, or boulders, brought in from off site and that originated from the Colorado River or
its 100 floodplain will be disinfected. No pipe or other construction materials that has had
contact with Colorado River water will be introduced into Beaver Creek without previously
being disinfected.
Disinfected practice should follow this outline:
1) Remove all mud and debris from boulders, cobble, or gravel and spray/soak
equipment with a 1:15 solution of disinfection solution containing the following
ingredients:
a) Dialkyl dimethyl ammonium chloride, 5-10% by weight;
b) Alkyl dimethyl benzyl ammonium chloride, 5-10% by weight;
c) Nonyl phenol ethoxylate, 5-10% by weight;
16
d) Sodium sesquicarbonate, 1-5%;
e) Ethyl alcohol, 1-5%; and,
f) Tetrasodium ethylene diaminetetraacetate, 1-5%;
g) And water, keeping the equipment moist for at least 10 minutes and managing
rinsate as a solid waste in accordance with local, county, state, or federal
regulations; or,
2) Spray/soak boulders, cobbles, gravel with water greater than 140 degrees
Fahrenheit for at least 10 minutes.
3) Sanitize water suction hoses and water transportation tanks (using methods
described above) and discard rinse water at an appropriately permitted disposal
facility.
m. Avoid dust suppression activities within 300 feet of the ordinary high water mark of any
reservoir, lake, wetland, or natural perennial or seasonally flowing stream or river.
n. Close and immediately reclaim all roads that are redundant, not used regularly, or have
been abandoned to the maximum extent possible to minimize disturbance and habitat
fragmentation.
o. Upon completion of the project the ROW should be signed and closed to public motorized
use where it intersects with public roads.
p. Remove and properly dispose of degraded silt fencing and erosion control materials after
their utility has expired.
q. Streams and associated riparian areas are some of the most highly valued wildlife habitat
in Colorado. CPW recommends using the minimum right-of-way width where pipelines
cross riparian areas and streams (Beaver and Mamm Creek), and retain as much native
riparian canopy or stream bank vegetation as possible.
r. Avoid locating staging, refueling, and storage areas within 300 feet of Beaver and Mamm
Creeks. Avoid locating staging, refueling, and storage areas within 300 feet of any
wetland, or natural perennial or seasonally flowing stream or river; including both sides of
the Colorado River bore site.
s. Prohibit the storage of hazardous materials, chemicals, fuels, lubrication oils, or perform
concrete coating within 300 feet of any wetland, or natural perennial or seasonally flowing
stream or river.
t. If a straw crimper, and or straw mulch blower will be used for project
revegetation/reclamation is must be cleaned and free of weeds prior to entering the site.
u. Rocky material should be left only in areas where it is needed to match the existing
coverage on either side of the right-of-way or at potential access points to restrict motor
vehicle use.
17
v. Daily activities and use of the area by construction workers will generate significant waste
and trash materials. CPW recommends that proper facilities, equipment, and personnel
be provided to remove all trash from the site. The project should include installation and
utilization of bear-proof dumpsters and trash receptacles; daily inspection and trash
removal is recommended. All workers on this project should be aware about not feeding
bears, whether intentional or not, so as to avoid human-bear conflicts.
12. Prior to construction of an applicable portion of the pipeline, the Applicant shall obtain an Utility
Crossing Permit from the Garfield County Road and Bridge Department for the following roads:
CR 336 Jenkins Cutoff, CR 315 Mamm Creek Road, CR 319 West Mamm Creek Road, CR
317 Beaver Creek Road, CR 325 Porcupine Creek Road, CR 329 Spruce Creek Road, and CR
320 Rifle/Rulison Road. A copy of each permit shall be submitted to the Garfield County
Planning Department.
13. Prior to the issuance of a Land Use Change Permit, the Applicant shall obtain a COOT Utility
Permit and submit a copy to the Garfield County Planning Department.
14. Prior to the issuance of a Land Use Change Permit, the Applicant shall provide the Garfield
County Planning Department a copy of the Bureau of Land Management Right-of-way Grant
Temporary Use Permit.
15. Prior to the issuance of a Land Use Change Permit, the Applicant shall provide the Garfield
County Planning Department a U.S. Army Corp of Engineer's permit.
16. The Applicant shall provide the County with a digital alignment of the pipeline once constructed
in a format readable to the County Geographic Information System (GIS) analyst.
This determination has been sent to the Board of County Commissioners to determine if they wish
to call up the matter. The BOCC has 14 calendar days to determine if they need to call up the
application. The call-up date ends at 5:00pm on April 27, 2012.
Do not hesitate to contact this office if you have any questions.
Sincerely,
Molly Orkild-La\l$on, AICP, RLA
Senior Planner
970.625.5903
18
EXHIBIT
lA
February 2, 2012
Kokopelli Phase II Pipeline
The Garfield County Road and Bridge Department has reviewed the application for the Bargath,
LLC/Kokopelli Phase II Pipeline project, commencing from the Dry Hollow Compressor Station and
terminating at the Rulison Compressor Station. This will be a 16" diameter pipeline, 21 miles in length,
with seven proposed road bores within Garfield County's ROW (Right of Way).
1. The Garfield County Road and Bridge Department will require a utility permit for each road
crossing in the County ROW. Any reconstruction bonding requirements will be determined
during the utility permit process.
2. It is not clear from the application if the applicant is proposing any new driveway accesses for
the project. A driveway/access permit will be required for any new access to public or private
land off of any County road or ROW. In addition, any existing accesses that are proposed to be
used for the subject project shall be constructed to adequately handle turning movements and
weights of construction vehicles.
3. Any permit issued by the Garfield County Road and Bridge Department for this project allows
work only in the County's ROW. Any work performed outside of the County's ROW, will require
permission of the landowner. Garfield County will not be responsible for verifying existing
County, public, or private ROW for placement of proposed utility.
4. All vehicles transporting equipment and material used for the project will abide by Garfield
County's oversize/overweight regulations, and follow all approved haul routes. Vehicles
requiring oversize/overweight permits shall apply for them at the Garfield County Road and
Bridge Department.
5. The permit owner and/or contractor responsible for any road damage must contact the Garfield
County Road and Bridge Department prior to making any repairs. Paved roads must be patched
as soon as possible, and as weather permits. All disturbed/damaged gravel roads will require
new gravel, mag chloride treatment, and must be re-graded in the area of damage or
excavation.
Should any problems arise during the project; the contractor/permit owner will be required to contact
the Garfield County Road and Bridge Department. A final inspection will be required once the entire
project is completed. Please contact Ray Sword, District 3 Foreman at 970-987-2702 with any questions,
concerns, or to schedule a site visit.
1
Garfield County
Vegetation Manaf!ement
January 31 , 2012
Molly Orkild-Larson
Garfield County Building & Planning Department
RE: Bargath/Kokopelli Phase 2 Pipeline PDPA-7056
Dear Molly,
Thank you for the opportunity to comment on this permit. The Revegetation and Weed Management Plans included in
the application are acceptable.
The applicant has Identified the surface area of pipeline disturbance on lands within Garfield County's jurisdiction as
146.34 acres . A revegetation security of $365,850 (146 .34 x $2500/acre) Is recommended.
The security shall be held by Ga rfield County until vegetation has been successfully reestablished according to the
Reclamation Standards in the Garfield County Weed Management Plan . It is the responsibility of the applicant to contact
the County, upon successful revegetation establishment, to request an inspection for security releas e consideration .
The Reclamation Standards at the date of permit issuance are cited in Section (s) 4.06 , 4.07 and 4.08 of the Garfield
County Weed Management Plan (Resolution #2002-94 ).
Please let me know if you have any questions.
Sincerely,
~/ ~·;;I /./~/ / /
('-· . ' ,;:...-'/_ . ._,·
) /(: 'l ·'t: ·(-~ "'--/ ..;-;( ( -~--"-]">'
(, Steve Anthony
Garfield County Vegetation Manager
0298 County Road 333A
Rifle, CO 81650 Phone: 970·625 ·8601 Fax: 970·625·8627
January 31, 2012
Ms. Molly Orkild-Larson
Garfield County Building & Planning
0375 County Roa d 352, Building 2060
Rifle, CO 81650
RE: PDPA 7056, Kokopelli Phase II Pipeline
Dear Molly:
MOUNT/\IN CROSS
ENGINEERING, INC.
CIVIl AND ENVIRONMENTAl CONSULTING AND DESIGN
EXHIBIT
(';..
This office has performed a review of the documents provided for the Pipeline Development Plan
Application of the Kokopelli Phase II Pipeline for Bargath, LLC. The submittal was found to be
thorough and well organized. The review generated the following questions, concerns, and
comments:
l. It appears that the cathodic protection detail may be from another project. The Applicant should
verify that the design is applicable to the proposed project.
2. The pipe boring/crossing plans have an incorrect date in the certification and the certifying
engineer doe s not appear to have a Colorado license because the number is not listed . The
Applicant should address how the certifying engineer is not registered it the State of Colorado.
3. It appears that the railroad crossing for the north bore pit will close an adjacent dirt road. The
Applicant should address any plans or schedule for wither maintaining access or closing this
road.
4 . Many of the utility crossing permits and applications . to COOT, the Railroad, and Garfield
County Road and Bridge do not ap pear to have been made. The Applicant should update the
status of each of these and any associated conditions ..
5 . The construction schedule should conform to the recommended seasons to not conflict with
raptor nesting.
Fee l free to call if you would like to discuss any part of the rev iew.
Sincerely,
Mountai Cross Engineeri
C hris Hale, PE
826 1/2 Grand Avenue • G lenwood Sp ri ngs, CO 81601
PH: 970 .945 .5544 • FAX : 970.945.5558 • www.mountain c ross-eng .com
EXHIBIT
Molly Orkild-Larson i ~ ~--------..........._ _____ ___.1 '»'~
---=-------,
From: Kevin Whelan [kewhelan@riflefiredept.org]
Thursday, February 02, 2012 11:06 AM
Molly Orkild-Larson
.;
Sent:
To:
Cc: 'Orrin Moon'; 'Phil Vaughan'
Subject: RE: Bargath , LLC/Kokopelli Phase II Pipeline PDPA-7056
Blasting Permit Requirements_companies .doc Attachments:
Molly,
I have reviewed the 3 volume Kokopelli Phase II Pipeline-Development Plan Review for Right-of-Way Application, dated
November 2011, that was submitted 1/16/12. This project is a 16 u diameter pipeline that is 22+ miles in length and
commences at the Dry Hollow Compressor Station and terminates at the Rulison Compressor Station
The following are my comments:
1. For consistency with Phase I and between fire districts, the requirements from Burning Mtns Fire that will apply
to this project for the Construction of Pipe line. In speaking with Orrin, he is good with Rifle being the main
point of contact for the pipeline since it is primarily in Rifle's jurisdiction and he will handle the compressor
station associated with Phase I.
Construction of Pipe line:
a) The applicant shall obtain a uHot Work Operations" permit from Burning Mountains Fire Prot. Dist . prior to
any work being done in the district.
b) Contractors shall comply with IFC 2003 Chapter 14 Fire Safety During Construction and Demolition" all
pertinent sections. Contractors shall also comply with Chapter 26 uwelding and Other Hot Work" all
pertinent sections .
c) Due to the remote location of the pipeline construction. Burning Mountains Fire is requiring a 3000 gallon
mobile water tanker on site . The tanker will be filled with water and have a pump with the capacity of 200
gallons per minute, a minimum length of hose of 100', and the minimum hose size of 1". Water tanker shall
be on site at all times during construction of pipeline.
d) The applicant shall schedule a specific Pre Construction Meeting with Burning Mountains Fire to cover
Emergency Response during construction of the pipeline .
e) A weekly e-mail will be sent to Burning Mountains Fire regarding construction location, road crossings,
access to construction sites, and general safety issues.
f) At no time will any roads or driveways be closed to emergency access without prior authorization.
2 . I have conducted a preliminary review of this project at the request of Phil Vaughan and the following are
currently being addressed:
a) Some areas that will need to be addressed at the preconstruction meeting and the weekly meetings are:
i. Assembly points
ii. Possible water sources
iii. Fire/Medical vehicle access
iv. Potential for wildfire
b) Williams Emergency Response One Plan
i. Page 9, 4A . Fire. This section deals with response to fire. It is important to have reporting the fire via
911 first and foremost whether the fire is limited to the immediate location (4.A . (1) ) or the fire has the
potential to migrate off-site (4.A (2) ). The fire code is clear that prompt notification of the fire
department for uunwanted fire" is required . It also states u Emergency plans and procedur~s must not
include a requirement that employees report an alarm to a supervisor or similar person before calling
the fire department" (401.3.3-Commentary).
ii. Page 10 4.A (3). Caution on the statement uA more aggressive firefighting posture toward a fire
may be attempted ... " and should include a statement on being adequately trained. life Safety is always
the first priority.
1
iii. Page 10, 4B. Hazardous Material Releases. A section on notifying local emergency responders
would be appropriate and is required at certain quantity limits. Rifle Fire would rather be called and not
needed then not called and could have helped!
iv. Page 22. Fire Departments contacts. Emergency numbers for both departments are 911 or (970)
625 -8095. The Non-emergency office number for Rifle is (970) 625-1243 and the (970) 876-5738
number is the correct one for Burning Mtns.
v. A couple of minor typos (now I will have to double check my spell check!):
1). Page 14 . last sentence appears to be incomplete or the bold type on
page 15 may need to be changed
2) Page 16-fourth bullet point at the top. Change the word "where" to
were
3. The Construction Management Plan, Section 5.10 (pg 13) indicates "A fire prevention and suppression plan shall
be developed and implemented for the work". A review of this plan by the fire district would be appropriate
when it is drawn up. This can also be addressed at the proposed construction meetings that the fire district will
be involved ln.
4. If explosives are needed during construction, a blasting permit (attached) will need to be obtained from Rifle
Fire and a review of the Construction Management Plan (pg 4), Appendix L-Approved Blasting Plan.
5. Spill Response Plan:
a. Pg 4,pg 5,pg 6, pg 7-in the red highlighted are statements that in an emergency situation call the
appropriate Bargath Environmental Supervisor/contractor. Dial911 should be the first call In an
emergency and this should be indicated. Rifle Fire would rather be called and not needed then not
called and could have helped!
b. Appendix A-Williams Spill Management Flow Chart-dial911 should be at the top of flow chart for that
same reasons as in a.
c. Appendix B, -same as a. & b.
d. Appendix E-2-same as a. & b.
Kevin C. Whelan
Division Chief/ Fire Marshal
Rifle Fire Protection District
1850 Railroad Ave
Rifle, co 81650
kewhelan@riflefiredept.org
Office-970-625-1243 ext 12
Fax-970-625-2963
Cell-970-618-7388
"The Mission of the Rifle Fire Protection District is to Enhance Health and Safety and to Protect the Life, Home and
Property of the People We Serve."
From:
To :
Cc :
Subject:
Date:
Ordn Moon
Moll y Or!si ld-Larson
"Kevin Whela n"
Bargath ,LLC/Kokopelli Phase II Pipeli ne PDPA-7056
Tuesday, January 31, 2012 4:32:30 PM
EXHIBIT
I E .
Molly: This e-mail is to let you know that I will not be commenting on Kokopelli Phase II Pipeline.
Kevin Whelan at Rifle Fire will cove ·r any iss ues or comments that Burning Mountains Fire has in
his referral report since most of the pipeline is Rifle s fire district.
Thank s you,
ORRIN D ~ MOO~
FIRE MARSHAL
BURNING MOUNTAINS FIRE PROT. DIST.
COLORADO PARKS & WILDLIFE
Northwest Regional Service Center
711 Independent Ave., Grand Junction, CO 81505
Phone (970)255-6100 • FAX (970)255-6111
wildlife.state.co.us • parks.state.co.us
Molly Orkild-Larson, Staff Planner
Garfield County Building and Planning Department
108 8th Street, Suite 40 I
Glenwood Springs, CO 81601
RECEIVED
FEB e 2 ZOlZ
GARFIELD COUNTY
BUILDING & PLANNING
RE: Colorado Parks and Wildlife Review of the Bargath LLC Kokopelli Phase II
Pipeline.
Dear Orkild-Larson:
Thank you for the opportunity to comment on the Bargath LLC Plan of Development for
the Kokopelli Phase II Pipeline. Colorado Parks and Wildlife (CPW) has reviewed the
Plan of Development (POD) and found that pipeline construction activities will occur in
mule deer critical winter range, elk winter concentration areas, cutthroat trout designated
habitat, riparian habitat and a bald eagle winter roost site. CPW recognizes and
appreciates Bargath's proactive planning and incorporation of wildlife Best Management
Practices (BMPs) in this Proposed Action. CPW offers the following comments, and
recommends several additional BMPs that add support to Bargath's efforts to protect
wildlife in the project area.
Much of the pipeline route falls within severe or critical winter range for mule deer and
elk. Minimizing disturbance to mule deer and elk to encourage their maximum use of
winter range is of great importance to CPW.
The construction window for the pipeline (May to November) appears adequate to
complete the project and avoid impacts to wildlife at critical times of the year when
wildlife is particularly sensitive to disturbance (December 1 to April 15). CPW strongly
supports completing construction of the pipeline before the end of November and
preferably before October when big game rifle hunting seasons begin.
Beaver Creek is an aquatic designated cutthroat trout habitat. CPW staff met with
Williams Bargath consultants in January 2012 to discuss the Beaver Creek crossing in
detail. CPW requests that Bargath LLC schedule and implement construction activities
to avoid and minimize stream disturbances during June, July and August to avoid impacts
to critical life stages of cutthroat trout. Further, CPW requests that construction activities
for Beaver Creek crossing occur in late September to avoid sedimentation impacts to
young of the year cutthroat trout. Immediately following stream dewatering, the
dewatered segment should be searched for stranded fish and any fish found be collected
and replaced back in the creek downstream of the diversion culvert. CPW supports the
STATE OF COLORADO
John W. Hicken looper, Govemor • Mike King , Executive Director, Department of Natural Resources
Rick D. Cables, Director, Colorado Parks and Wildlife
Parks and Wildlife Commission: David R. Brougham • Gary Butterworth, Vice-Chair • Chris Castilian
Dorothea Farris • Tim Glenn, Chair • Allan Jones • Bill Kane • Gaspar Perricone • Jim Pribyl• John Sing letary
Mark Smith , Secretary • Robert Streeter • Lenna Watson • Dean Wingfield
Ex Officio Members: Mike King and John Salazar
process, actions, mitigation, monitoring and final measures of success criteria as
proposed in the Kokopelli Phase II Beaver Creek Habitat Enhancement and Restoration
Plan, proposed by Williams Bargath (attached).
Development of a new pipeline has the potential to create a significant amount of linear
habitat fragmentation and decrease in overall value of habitat for wildlife. Prior to
pipeline development, Bargath LLC should establish baseline vegetation conditions and
inventories to provide a basis for post-development habitat restoration across all plant
communities along the length of the pipeline, and supporting facilities and rights-of-way.
CPW approves of and supports the Williams Bargath Integrated Vegetation and Noxious
Weed Management Plan, Garfield County, Colorado for the management and monitoring
of weeds for this project.
CPW suggests that, where appropriate, the BLM develop grazing management practices
that will promote and ensure effective establishment of reclamation efforts. CPW
suggests temporary reductions or elimination of grazing at reclamation sites; fencing of
reclamation areas, or frequently moving animals away from reclamation areas in order to
provide the greatest opportunity for reclamation success.
CPW agrees with the language on page 8 of the PA that states "When required by
controlling agency ... or access roads are too wet to adequately support construction
equipment. In such instances and where construction equipment creates excessively deep
ruts, construction activities will be discontinued until soil conditions improve." CPW
asks the BLM clarify and set a standard for excessively deep ruts and include the
language in the CO As for this project. Further, CPW asks that all Bargath personnel,
contractors or subcontractor be informed and follow to the terms of the CO As.
Streams and associated riparian areas are some of the most highly productive and valued
wildlife habitat in Colorado. CPW recommends using the minimum right-of-way width
where pipelines cross streams and riparian areas and retain as much native riparian
canopy or stream bank vegetation as possible. Construction staging areas should be
located a minimum distance of 300 feet from any creek, and located entirely out of the
riparian areas. CPW requests notification of hazardous materials spills, especially those
that occur near a riparian area.
BLM requests that CPW grant a permit exception to the winter timing limitation so that
Bargath LLC could begin the Colorado River bore in March and April. The west
terminus of the pipe line and bore staging area for construction is within the 0.5 mile
buffer of a bald eagle winter roost site and just outside of the 0.5 mile buffer for an active
nest site. CPW understands that granting an exemption to bore under the Colorado River
in March and April may occur and we see no immediate threat to wildlife by allowing
such and exemption to take place.
CPW understands that Bargath LLC has established and implemented policies to protect
wildlife (e.g., no poaching, no firearms, no dogs on location, no feeding of wildlife, etc.).
We greatly appreciate the application of these policies and ask that any illegal activity
related to wildlife be reported immediately.
Site specific BMPs that we believe, when integrated into the Bargath LLC Kokopelli
Phase II Plan of Development, will further minimize impacts to wildlife.
• During pipeline construction ensure that all dewatering structures and/or sediment
bags are used to remove heavy sediments from discharges when dewatering, and
ensure that dewatering does not occur within 300 feet of water bodies, wetlands,
or other sensitive resources.
• Spoil storage buffers should be increased to 300 feet from water's edge.
• Temporary fencing put in place during the construction phase of the project
should be constructed to exclude livestock. Information about fencing for wildlife
is available from the CPW at http://wildlife .state.co.us/NR/rdonlyres/BOD65D61-
6CB0-4746-94Fl-6EE194E1C230/0/fencing.pdf
• Establish policies to protect wildlife (e.g., no poaching, no firearms, no dogs on
location , no feeding of wildlife, etc.).
• There is a population of Colorado River Cutthroat Trout in Beaver Creek. The
trout are a species of special concern in Colorado, and this population is listed as
genetically unaltered and in good habitat according to the 2005 Range-Wide
Status of Colorado River Cutthroat Trout .
• Minimize stream disturbances during June and July to avoid impacts to spawning
cutthroat trout.
• Screen water suction hoses to exclude fish.
• Disinfect heavy equipment, hand tools, boots and any other equipment that was
previously used in a river, stream, lake, pond , or wetland prior to moving the
equipment to another water body. The disinfection practice should follow this
outline:
o Remove all mud and debri s from equipment and spray/soak equipment with a
I: 15 so lution of di s infection solution containing the following ingredients:
1. Dialkyl dimethyl ammonium chloride, 5-10% by weight;
11. Alkyl dimethyl benzyl ammonium chloride, 5-10% by weight;
111. Nonyl phenol ethoxylate, 5-10% by weight;
tv. Sodium sesquicarbonate, 1-5 %;
v. Ethyl alcohol, 1-5 %; and
vt. Tetrasodium ethylene diamjnetetraacetate, 1-5 %;
vti. and water, keeping the equipment moist for at least I 0 minutes and managing
rinsate as a so lid waste in accordance with local , county, state, or federal
regulation s ; or
o Spray/soak equipment with water greater than 140 degrees Fahre nheit for at
least I 0 minutes.
o Sanitize water suction hoses and water transportation tanks (using methods
described above) and discard rinse water at an appropriately permitted
disposal facility.
• In order to prevent the potential spread of whirling disease into Beaver Creek, all
vehicles, equipment, and fill material used in the Beaver Creek reclamation will
be disinfected. Vehicles will include any excavation equipment or dump trucks
used to transport fill material that will be used within the channel. Equipment will
include all personal protective equipment (PPE) and hand tools used in the creek
(i.e. gloves, boots, waders, shovels, picks, and survey instruments). Fill material
such as gravel, cobble, or boulders, brought in from off site and that originated
from the Colorado River or its !00 floodplain will be disinfected. No pipe or
other construction materials that has had contact with Colorado River water will
be introduced into Beaver Creek without previously being disinfected.
Disinfection practice should follow this outline:
o !) Remove all mud and debris from boulders, cobble, or gravel and
spray/soak equipment with a I: !5 solution of disinfection solution
containing the following ingredients:
o a) Dialkyl dimethyl ammonium chloride, 5-!0% by weight;
o b) Alkyl dimethyl benzyl ammonium chloride, 5-!0% by weight;
o c) Nonyl phenol ethoxylate, 5-!0% by weight;
o d) Sodium sesquicarbonate, l-5%;
o e) Ethyl alcohol, l-5%; and
o f) Tetrasodium ethylene diaminetetraacetate, l-5%;
o g) and water, keeping the equipment moist for at least !0 minutes
and managing rinsate as a solid waste in accordance with local,
county, state, or federal regulations; or
2) Spray/soak boulders, cobble, gravel with water greater than !40
degrees Fahrenheit for at least !0 minutes.
3) Sanitize water suction hoses and water transportation tanks
(using methods described above) and discard rinse water at an
appropriately permitted disposal facility.
• Avoid dust suppression activities within 300 feet of the ordinary high water mark
of any reservoir, lake, wetland, or natural perennial or seasonally flowing stream
or nver.
• Close and immediately reclaim all roads that are redundant, not used regularly, or
have been abandoned to the maximum extent possible to minimize disturbance
and habitat fragmentation.
• Upon completion of the project the ROW should be signed and closed to public
motorized use where it intersects with public roads.
• Remove and properly dispose of degraded silt fencing and erosion control
materials after their utility has expired.
• Streams and associated riparian areas are some of the most highly valued wildlife
habitat in Colorado. CPW recommends using the minimum right-of-way width
where pipelines cross riparian areas and streams (Beaver and Mamm Creek), and
retain as much native riparian canopy or stream bank vegetation as possible.
• A void locating staging, refueling, and storage areas within 300 feet of Beaver,
Mamm Creek. A void locating staging, refueling, and storage areas within 300
feet of any wetland, or natural perennial or seasonally flowing stream or river;
including both sides of the Colorado River bore site.
• Prohibit the storage of hazardous materials, chemicals, fuels, lubrication oils, or
perform concrete coating within 300 feet of any wetland, or natural perennial or
seasonally flowing stream or river.
• If a straw crimper, and or straw mulch blower will be used for project
revegetation/reclamation it must be cleaned and free of weeds prior to entering the
site.
• Rocky material should be left on! y in areas where it is needed to match the
existing coverage on either side of the right-of-way or at potential access points to
restrict motor vehicle use.
• Daily activities and use of the area by construction workers will generate
significant waste and trash materials. CPW recommends that proper facilities,
equipment, and personnel be provided to remove all trash from the site. The
project should include installation and utilization of bear-proof dumpsters and
trash receptacles; daily inspection and trash removal is recommended. All
workers on this project should be aware about not feeding bears, whether
intentional or not, so as to avoid human-bear conflicts.
CPWs first season big game rifle hunting season begins on October I; county, BLM, and
forest service roads may see an increase in traffic due to hunters being in the field. CPW
encourages Bargath LLC, contractors, and subcontractors to use extra caution when using
secondary and back roads this time of the year.
Attached is a list of site specific BMPs that we believe, when integrated into the project,
will further minimize impacts to wildlife.
Thank you for the opportunity to review and comment on the Bargath LLC Kikopelli
Phase II Pipeline Plan of Development. The CPW looks forward to a continued strong
working relationship and dialogue on this important project. If you have any questions
please contact JT. Romatzke at 970-255-6178.
-_.~·------c Sincerely, .
---~-~ /' / ~ c:::::_
/"./ JT Romatzke, Area W~e Manager
Cc. Ron Velarde, NW Regional Manager
Dean Riggs, NW Assistant Regional Manager
Michael Warren, Energy Liaison, NW Region
Levi Atwater, District Wildlife Manager
Elissa Knox, District Wildlife Manager
EXHIBIT
I <it
Arnold and Darleen Mackley
4031 County Road 320
Rifle, Colorado 81650
Spruce Creek Ranch
0436 County Road 329
Rifle, Colo rado 81650
January 20, 2012
Re: Kokopelli Phase II Pipeline
Dear Bureau of Land Management and Glenwood Springs Field Office and
Garfield County Planning Department,
We are writing to address our concerns with the Kokopelli Phase II Pipeline Proposal that
was s ubmitted hy William s Production, RMT (Williams).
We are landowners and mineral rights owners in Section 34, 3 and 4 TWP 6 S, 94W. We
also have cattle grazing permits on the BLM Spruce Creek Allotment. This proposal
directly affects a ll of our properties. Our ranch lies at the wye of County Road 320 and
329. In fact , the first ha lf mile of County Road 329 (Spruce Creek Road ), a small
winding dirt road is a 40-foot easement on our property. Our other ranch, where our
daughter and her husband li ve, stretches along side of County Road 329 for the next mile
above the property where we re s ide.
The first item of concern, that cannot be ignor.ed , is that County Road 329 is very
inadequate for this type of major plan . It is especially inadequate as it travers es through
our property as it is steep, narrow and dangerous and it cannot be broadened or it will
affect a deep natural water drainage below the road. We have pictures of almost all of th e
14 truck rollove rs on County Road 329 that have occurred in th e last several years. This
narrow road is already eroded and is s loughing off into the drainage. lt has never had an
adequate road base to support the large numbers of heavy traffic, and with flash flood s or
melting snow becomes nearly impassible. This "narrowness" of the road s does serve as a
~ speed deterrent, which we like, as the truck traffic has t o s low to actually avoid hitting
each other. During the winter months almost all vehicles must use chains, which tear up
the muddy road. Then they use unauthorized "pull-offs" on our land to take off the
chains, further damaging our property. By Williams own admission in the newspaper, it
takes 12,500 one-way vehicle trips to service one bottom hole for the life of one well.
The traffic "math" for Williams Spruce Creek Master Development Plan is astounding;
roughly I ,425,000 round trips on this narrow road by Williams contractors alone. This
proposal will add to those numbers.
It must be noted that Williams is not the only company with energy plans that must use
County Road 329 as its only access to all drilling activity south of County Road 320
between Porcupine Creek and Cache Creek. Noble has constructed a Compressor Station
and a 60 foot wide pipeline to support its drilling program and operations, along with
Canyon Gas who has constructed its own separate 60 foot wide pipeline right beside
(adjacent to) that pipeline. We have heard that six pipelines will cross this area from
Porcupine Creek through Spruce Creek to Cache Creek and on to Parachute sometime in
the future. Encana also has active leases and future drilling plans for this exact Spruce
Creek area. Logically, they also will need a pipeline to move their gas.
Another area of concern is the view shed from I-70 and from the existing residents
property. The densely wooded mountain that rests below Marum's Peak and between the
massive shale slides of Porcupine Creek and the unique crevice of Spruce Gulch is at
Ground Zero for unbridled oil and gas development. With all of this activity it is vital
that all of these companies coordinate road and pipeline construction as this terrain, as
pointed out by many geologists consists of merely I" of topsoil before exposing the
bright white deep layer of caliche that lies beneath. The cuts into this terrain that were
made over 50 years ago still have not healed, as the caliche soil is inert, making it a strict
requirement that the companies must import quality topsoil where needed, seed and
reseed if the first seeding is not successful. The view from I70 will be a checkerboard of
white gashes (i.e. pads, roads, pipelines, Frac pits, Frac pads, Tank Pads which are
proposed) forever changing this beautiful mountain. This can now be witnessed from I70
looking at the disturbances in the Spring and Wallace Creek areas from these same type
of activities.
Another valid concern is that all of the roadways and rights of way that will be necessary
to construct the pipelines, and lay down areas will make it impossible to control cattle on
the grazing permits. Before approving this plan or any of them in the future, the BLM
should require wing fencing and cattle guards to control cattle movement on the permits
that have been active for decades. Since the present activity has commenced I have not
been able to keep my cattle on my permit and the Porcupine and Cache Creek permit
holders have not been able to keep their cows on their permits. This proposed activity
will only increase that problem. I am a firm believer that if we do not work together on
these problems, we are going to lose a way of life for the ranching community that will
not be healthy for this community, state and country.
Also of concern is the dust that will be activated by this much activity on the roads and
construction areas. As we are still in the process of living through the construction of the
pipelines and compressor station, it is obvious that without mandatory dust control
(magnesium chloride, gravel or paving) on County Road 329 and all of the access roads
used in the construction and operation of the pipeline, that the arid mountain will be
covered in a fog of dust visible from Rifle and the 1-70 corridor. This mandatory dust
control, should be monitored, on a frequent basis in the summer time. This dust makes it
nearly impossible to work on our yards next to the road as with each passing 18-wheeler,
and heavy truck, you cannot inhale normally, as some of our family members already
have developed asthma and severe allergies to dust.
The very first natural gas well in this area was drilled on our property in the early 1980's.
We have tried to work with the industry every step of the way. They have made great
strides in improving their business practices, but without strict rules, guidelines and
monitoring it is still evident that the industry cannot be left to monitor itself. We have
living examples on our property, alone, of what they do to the land if not made to care
about health, safety and the environment issues.
The BLM is in a unique position to make Williams and all other companies, totally
comply with each and every demand to keep the qualities of this area intact.
We too ask that all of the different heritages be protected like other historical sites located
on BLM lands. Darleen and her brother Paul have fond memories of frequenting these
old homesteads with their parents in a Model A. There are several remnants still left of
the old past; there is the Luellen Homestead, which barely escaped the size of pad SR33-
9 (but is no longer easily accessible, because of that pad). Other historic homesteads in
the area include, the Reeves Homestead a half mile down County Road 350 on Joan
Savage's land, the Virginia cabins, the Holtz Homestead, and Trahern's Upper Cabin.
There are several unique springs around these homesteads too; such as the Mackley
Springs, flowing from the hillside at the Luellen Homestead which is a watering hole for
the livestock out on grazing permits and all other wildlife. There is also the Beer Keg
springs, where the homesteaders somehow carried a Keg of beer on a Model T up to
celebrate the 41h of July around 1920. However perhaps the richest part of the mountain's
history is the Ute Indians summer home. Several people have mentioned finding
arrowheads and carving stones from County Road 320 up towards Marum's Peak (which
is storied to have been burned by the Utes to improve hunting). Historical markers
should be placed at the sites so that all can appreciate the efforts of the homesteaders, and
not just bulldoze the last of our heritage on this mountain.
We also ask that BLM force existing landowners and Williams to work together on using
existing roads and rights-of-ways instead of just proposing a new one, and making a new
scar. Most landowners will let Williams access the BLM through their property. As
quoted from the BLM, "The ELM should encourage Williams to work with those
landowners to use the roads in place as there are roads in place that if they were used
would minimize the visual impacts of this project." Make Williams use them. There is a
road, County Road 350, with an existing pipeline right-of-way in place, that already has
scarred this area. Why not put the Kokope/li Phase II pipeline along this road, as it is
going to the same destination? Why allow another gigantic scar to perforate this area that
has already been despoiled. The BLM is the only authority that can save their own
pristine land.
We have to stop making scars on the land that should remain to be used as a wildlife
refuge, a grazing area, and a hunting, hiking and horseback region. The BLM and their
conscience is our only hope in trying to leave a heritage, a history, and most importantly
a view shed that will forevermore un-forgivingly reflect every decision that was made
regarding the Kokopelli Phase II pipeline.
Thank you for considering these concerns,
Arnold and Darleen Mackley Craig and Dianne Boe
EXHIBIT
IH
February 8, 2012
Ms . Molly Orkild-Larson
Senior Planner
Garfield County
Planning Department
0375 County Road 352 Building 2060
Rifle, CO 81650
Dear Ms. Orkild-Larson,
I am writing in regards to the Bargath LLC-Kokopelli Phase II Pipeline-Development
Plan Review for Right-of-Way Application. Garfield County File# PDPA-7056.
We respectfully request that the application be put on hold by Garfield County and that
the Staff Report not be issued on February 9, 2012.
We are investigating alternative pipeline routes that may alleviate some of the concerns
issued by the Mackley and Boe families .
As per the Garfield County Unified Land Use Resolution 2008, as amended, Section 9-
105(C), we request a waiver of the 28 day timeline for the Planning Director's
determination.
I will be in contact with you in the near future in regards to the re-initiation of the review
process.
Page 1 of2
Thanks for your assistance and please contact me with questions.
Sincerely I
~Q~~~
Philip B. Vaughan
President
PYCMI-Land Planning Division
970-625-5350
Page 2 of2
EXHIBIT
March 2 , 2012
Ms. Molly Orkild-Larson
Senior Planner
Garfield County
Planning Department
0375 County Road 352 Building 2060
Rifle, CO 81650
Dear Ms. Orkild-Larson,
I am writing in regards to the Bargath LLC-Kokopelli Phase II Pipeline-Development
Plan Review for Right-of-Way Application. Garfield County File# PDPA-7056 .
We respectfully request that the application be removed from on-hold and move forward
with proces sing.
We have investigated an alternative pipeline route in order to address the concerns issued
by the Mackley and Boe families. During the course of this investigation we have
determined that this proposed re-route will require additional right-of-way that will cost
approximately $1,500,000 in additional studies, engineering and right-of-way cost. The
project team has determined that this change is cost prohibitive for this project.
We feel that every effort has been made in the design, engineering and placement of this
pipeline to comply with the Garfield County Unified Land Use Resolution. In addition ,
we have complied with private property owner desires and the U.S . Bureau of Land
Management and U.S . Forest Service requirements.
Page 1 of2
I
Thanks for your assistance and please contact me with questions.
Sincerely
~\\~
Philip B. Vaughan
President
PVCMI-Land Planning Division
970-625-5350
Page 2 of2
fl
_M_o_ll._yO_r_k_il_d-_L_a_rs.o.n ________________________________________
4
j
From:
Sent:
To:
Cc:
Subjett:
Molly,
Kevin Whelan [kewhelan@riflefired ept.o rg]
Wednesday, March 07, 2012 2:05 PM
Molly Orkild -Larson
'Orrin Moon'; 'Phil Vaughan'
RE : Bargath , LLC/Kokopelli Phase II Pipe li ne PDPA-7056
------
I ha ve spoken to Phil Vaughan and all comments from my be low e-ma il have been adequately add re ssed . Williams i s
working on correctin g all app lic ab le items through their corporate process and all items re lated to construction act ivity
will take place at the appropriate time. On behalf of Orri n Moon, BMFPD and the Rifle Fire Protection District, we
recommend this project move forward and be approved for construction.
If there are any questions, p lease let me know.
Kevin C. Whelan
Divis ion Ch ief/ Fire M ar sha l
Rif le Fire Protection District
1850 Railroad Ave
Rifle, CO 81650
kewhelan@riflefiredept .org
Office-970-625-1243 ext 12
Fax -970-625 -2963
Ce ll -970 -618-7388
11 We ar e dedicated to protecting life, home, and property through leaders hi p, education and partner~hips . Safety is ou r
highest priority. 11
From: Kevin Whelan [mailto:kewhelan@riflefiredept.org]
Sent: Thursday, February 02, 2012 11:06 AM
To: 'Molly Orkild-Larson'
Cc: 'Orrin Moon'; 'Phil Vaughan'
Subject: RE: Bargath, LLC/Ko kopelli Phase II Pipeline PDPA-7056
Molly,
I have reviewed the 3 volume Kokopelli Phase II Pipeline-Development Plan Review for Right-of-Way Applicat ion, dated
November 2011, that was submitted 1/16/12. This project is a 16 "diameter pipeline that is 22+ miles in length and
commences at the Dry Hollow Compressor Station and terminates at the Rulison Comp resso r Station
The following are my comments :
1. For consistency with Phase I and between fire districts, the requirements from Burning Mtns Fire that wi ll apply
to this project for the Construction of Pipe Line . In speaking with Orrin, he is good with Rif le being t he main
point of contact for the pipeline since _it is primarily in Rifle's jurisdiction and he will ha nd le the compressor
station associated with Phase I.
Construction of Pipe Line:
a) The applicant shall obtain a "Hot Work Operations" permit from Burning Mountains Fi re Prot. Dist. prior to
any work being done in the district.
b) Contractors shall comply with IFC 2003 Chapter 14 Fire Safety During Construct ion and Demolition" all
pertinent sections . Contractors shall al so comply with Chapter 26 "Welding and Other Hot Work" all
pertinent sec tions .
1
c) Due to the remote location of the pipeline construction. Burning Mountains Fire is requiring a 3000 gallon
mobile water tanker on site. The tanker will be filled with water and have a pump with the capacity of 200
gallons per minute, a minimum length of hose of 100', and the minimum hose size of 1". Water tanker shall
be on site at all times during construction of pipeline.
d) The applicant shall schedule a specific Pre Construction Meeting with Burning Mountains Fire to cover
Emergency Response during construction of the pipeline.
e) A weekly e-mail will be sent to Burning Mountains Fire regarding construction location, road crossings,
access to construction sites, and general safety issues.
f) At no time will any roads or driveways be closed to emergency access without prior authorization.
2. I have conducted a preliminary review of this project at the request of Phil Vaughan and the following are
currently being addressed:
a) Some areas that will need to be addressed at the preconstruction meeting and the weekly meetings are:
i. Assembly points
ii. Possible water sources
iii. Fire/Medical vehicle access
iv. Potential for wildfire
b) Williams Emergency Response One Plan
i. Page 9, 4A. Fire. This section deals with response to fire. It is important to have reporting the fire via
911 first and foremost whether the fire is limited to the immediate location (4.A. (1)) or the fire has the
potential to migrate off-site (4.A (2) ). The fire code is clear that prompt notification of the fire
department for "unwanted fire" is required. It also states" Emergency plans and procedures must not
include a requirement that employees report an alarm to a supervisor or similar person before calling
the fire department" (401.3.3-Commentary).
ii. Page 10 4.A (3). Caution on the statement "A more aggressive firefighting posture toward a fire
may be attempted ... " and should include a statement on being adequately trained. Life Safety is always
the first priority.
iii. Page 10, 4B. Hazardous Material Releases. A section on notifying local emergency responders
would be appropriate and is required at certain quantity limits. Rifle Fire would rather be called and not
needed then not called and could have helped!
iv. Page 22. Fire Departments contacts. Emergency numbers for both departments are 911 or (970)
625 -8095. The Non-emergency office number for Rifle is (970) 625-1243 and the (970) 876-5738
number is the correct one for Burning Mtns.
v. A couple of minor typos (now I will have to double check my spell check!):
1). Page 14. last sentence appears to be incomplete or the bold type on
page 15 may need to be changed
2) Page 16-fourth bullet point at the top. Change the word "where" to
were
3. The Construction Management Plan, Section 5.10 (pg 13) indicates "A fire prevention and suppression plan shall
be developed and implemented for the work". A review of this plan by the fire district would be appropriate
when it is drawn up. This can also be addressed at the proposed construction meetings that the fire district will
be involved in.
4. If explosives are needed during construction, a blasting permit (attached) will need to be obtained from Rifle
Fire and a review of the Construction Management Plan (pg 4), Appendix L-Approved Blasting Plan.
5. Spill Response Plan:
a. Pg 4,pg 5,pg 6, pg 7-in the red highlighted are statements that in an emergency situation call the
appropriate Bargath Environmental Supervisor/contractor. Dial911 should be the first call in an
emergency and this should be indicated. Rifle Fire would rather be called and not needed then not
called and could have helped!
b. Appendix A-Williams Spill Management Flow Chart-dial 911 should be at the top of flow chart for that
same reasons as in a.
2
c. Appendix B,-same as a. & b.
d. Appendix E-2-same as a. & b.
Kevin C. Whelan
Division Chief/ Fire Marsha l
Rifle Fire Protection District
1850 Rai lroad Ave
Rifle, CO 81650
kewhe lan@riflefiredept.org
Office-970-625 -1243 ext 12
Fax -970 -625-2963
Ce ll -970-618-7388
"The Mission of the Rifle Fire Protection District is to Enhance Hea lth and Safety and to Protect the Life , Home and
Property of the People We Serve."
From: Orrin Moon [mailto:orrin.moon@burninqmounta insfire.org]
Sent: Tu esday, January 31, 20 12 4:33 PM
To: 'Mo lly Orkild-Larson'
Cc: 'Kevin Whelan'
Subject: Bargath,LLC/Kokopelli Phase II Pipeline PDPA -7056
Molly: This e-mail is to let you know that I will not be commenting on Kokopelli Phase II Pipeline . Kevin Whelan at Rifle
Fire will cover any i ss ues or comments that Burning Mountains Fire has in his referral report since most of the pipeline is
Rifl es fire district.
Thanks you,
ORRIN lJ. MOON
FIRE MARSHAL
BUR.NINCi MOUNTAINS FIRE PROT. DIST.
3
-EXHIBIT
_M_o_ll._yo.r_k_il_d_-L_a_r.so•"-------------------------------------------.1 ~
-~~~~=-------
From:
Sent :
To:
Cc :
Subject:
April 27th, 2012
Dear Fred ,
Sprucecreekranch [ sprucecreekranch@aol. com)
Friday, April27 , 2012 11 :29 AM
Fred Jarman
Molly Orkild-Larson ; dianneboe@live.com; sprucecreekranch@aol.com
Kokopelli Phase II Pipeline and WPX Waterline
As discussed in our meeting this morning , with you and Commissioner John Martin we are requesting that the above
mentioned subject be ca lled up for a Commissioner's Hearing on the matter.
Thank you ,
Arnold Mackley
,