HomeMy WebLinkAbout2.0 Staff Report 05.18.2006BUILDING & PLANNING DEPARTMENT
May 18, 2006
Brenda Linster Herndon
Encana Oil & Gas (USA) Inc.
2717 CR 215, Suite 100
Parachute, CO 81635
RE: Piceance Gathering Pipeline Project
Dear Brenda,
Staff has reviewed the Pipeline ROW Application for the Piceance Gathering Pipeline Project
submitted to this office on April 18, 2006.
General Project Overview
Staff understands this project generally consists of the construction of 49 miles of a 36 -inch natural
gas gathering pipeline of which 28 miles falls inside Garfield County. This pipeline is intended to
convey untreated natural gas gathered from the Piceance Basin areas in Garfield County to the
Meeker Natural Gas Processing Facility in Rio Blanco County.
Approximately 21 miles (75%) of the proposed route will coincide within an existing heavily used
pipeline corridor while 14% (4 miles) will run along existing County roads and the remaining 11%
(3 miles) will require a newly created corridor. The
proposed route will disturb approximately 345
acres of land. Of that disturbance acreage, 9% (31
acres) occurs on BLM, 77% (265 acres) occurs on °
lands owned by energy companies, and 14% (48 EMEND
acres) occurs on private (non -energy company),_■
lands. The proposed construction schedule
proposes a construct time frame of 6 months with
a commencement date of June 1, 2006. The
project anticipates requiring a workforce of 150
employees from Garfield County to work on the`rELD' COUNTY
project.
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Upon an initial review, the Application has been
deemed technically complete and adequately
addressed the submittal requirements required in
Resolution 2005 — 53 and required in Section 9.07
of the Zoning Resolution of 1978, as amended.
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?ICEAlict GA,IFIERINS
108 8th Street, Suite 201, Glenwood Springs, Colorado 81601
(970) 945-8212 (970) 285-7972 Fax: (970) 384-3470
II. Referral Agencies / Applicant's Responses to Comments
Staff referred the Application to the following Agencies / Departments whose comments are
included here for review and attached to this letter which is required by Resolution 2005 — 53:
A. Grand Valley Fire Protection District: The plan looks fine with the following exceptions: 1)
regarding spark arresters, the Grand Valley Fire Protection District Fire Chief or designee
shall have the same authority as the BLM fire suppression officer as it relates to
inspections. The GVFPD includes several hundred square miles of BLM lands; 2) regarding
fire suppression, the non -emergency phone number for Garfield County Sheriff's Office
needs to be changed to the Garfield County Emergency Communications Dispatch Center,
(970)625-8095; and 3) regarding notification, the Grand Valley Fire Protection District
requires notification of ALL fires, regardless of extinguished or not (controlled or
uncontrolled).
Applicant's response
Emergency Response
The Development Plan submitted on April 19, 2006 did not include emergency contact numbers for key
EnCana personnel and agency contacts. Emergency contact sheets are attached to this letter and will be
included in current and future copies of the EnCana's Plan of Development. EnCana has selected
Gregory and Cook, Inc to construct the pipeline and a copy of Gregory and Cook's Emergency Response
Plan is also enclosed with this letter. The Gregory and Cook Emergency Response Plan will also be
included in current and future copies of EnCana's Plan of Development. In addition, each worker on the
project will be required to attend a mandatory environmental and safety training course, which will include
a discussion on safety and emergency response.
B. County Road and Bridge Department: Provided the following comments: 1) All access and
oversize or overweight vehicle permits shall be obtained from the County Road & Bridge
Department prior to beginning operation. Any new roads created as a result of the pipeline
construction, intended to be permanent for maintenance and repair operations shall be
placed behind a locked gate or other barriers preventing use by recreational vehicles. Any
gates or barriers need to be consistent with the surface owner's preferences.
2) A utility permit will be issued for the pipeline crossing on CR 215. The crossing will be
bored under CR 215. A separate permit will be issued to allow the County ROW on CR 215
to be used to place spoils from the trenching during construction of the pipeline. We would
request a revegetation bond in the amount of $8,000.00 be placed with the County to be
held for a period of two years and a construction bond in the amount of $50,000.00 to be
placed with the County and held for a period of one year. Both time periods are from the
end of construction within Garfield County Right of Ways.
3) Revegetation will be approved by Garfield County Vegetation Manager and the ROW
restoration will be approved by Garfield County Road & Bridge Department representative.
4) All vehicles working within Garfield County Right of Ways will be licensed and registered
in the State of Colorado. All vehicles hauling equipment and materials for the pipeline
construction will abide by Garfield County Road & Bridge Departments oversize/overweight
regulations. All vehicles requiring an oversize/overweight permit will send a letter showing
proof that they can operate under a known bond holder on file with Garfield County Road &
Bridge Department before a permit will be issued.
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5) A ROW survey showing the pipeline location and a traffic control plan will be submitted
to Garfield County Road & Bridge Department prior to starting the project.
Applicants Response
Road and Bridge
EnCana will acquire a utility permit for pipeline installation under Garfield County Road 215 and will
acquire a utility permit to allow temporary subsoil stockpile storage within the CR 215 easement. EnCana
will provide a revegetation security in the amount of $8,000.00 and will provide a construction bond in the
amount of $50,000.00. EnCana will require all subcontractors to license and register vehicles in Garfield
County, acquire oversize/overweight permits for applicable vehicles, and require that vehicles requiring
oversize/overweight permits have or will acquire a bond on file with the Garfield County Road and Bridge
Department. EnCana has provided Jake Mall with a survey depicting the pipeline location and will provide
a traffic control plan and utility permit applications on Monday, May 15.
C. County Vegetation Management: The applicant has committed to spring 2006 pre -
construction surveys. We look forward to reviewing the surveys. The noxious weed,
tamarisk, is located in within 200 feet of the pipeline in many points along the pipeline. The
applicant shall cut and treat the tamarisk prior to construction activities. The applicant has
committed to installing wash stations on site. Please contact us at 625-8601 when the
stations are on site.
Regarding reclamation, it is requested that the applicant provide a quantification of the
surface area to be disturbed and subsequently reseeded. Once this figure is established, a
revegetation security in the amount of $2,500 per acre is recommended. The applicant
shall provide the Vegetation Management Department with the original tags from each
seed bag. The seed mix in the Plan shall match the seed mix used in the field. Do not use
a seed mix containing yellow sweet clover (Melilotus offcinalis) or annual yellow
sweetclover (M. indicus). The amount of seed specified to be planted in the Plan shall
match the quantity of seed used in the field. 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.
Applicant's response
Weed Management
Results of spring 2006 weed surveys will be forwarded to the Garfield County Vegetation Management
Department the week of May 15. The weed report will include locations of noxious weed infestations in
Garfield County, including tamarisk within 200 feet of the pipeline construction workspace, and locations
of wash stations. Per Steve Anthony's request, he will be notified when wash stations are installed.
Reclamation
In Garfield County, 345 acres will be disturbed and subsequently reseeded. Approximately 314 acres are
on fee -lands and 31 acres are on lands administered by the Bureau of Land Management White River
Field Office. EnCana will provide a revegetation security in the amount of $785,000 (314 fee -land acres X
$2,500.00/acre). EnCana will provide copies of seed tags after completion of construction, the seed mix
used for reclamation will match the one listed in the EnCana Development Plan (unless otherwise
requested by a landowner), and the seed rate used will match those listed in the EnCana Development
Plan. Once vegetation is successfully reestablished, EnCana will contact Garfield County and request an
inspection for security release consideration.
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D. County Oil & Gas Liaison: No Comments Received
E. County Sheriff Department: Provided the following comments: 1) On page 1, paragraph 2.1
states that "EnCana is responsible for complying with its Emergency Response Plan
(ERP) The ERP also describes the communication and notification protocols to engage
support, based on the nature and complexity of the emergency. The ERP is attached as
Attachment 1." Attachment 1 has nothing in it that directs employees how to contact the
Emergency Response agencies (Le. Dispatch, Fire, EMS or Law Enforcement). 2) On page
3, paragraph 3.4 states that "All injuries, fires, and accidents will be recorded and reported
to EnCana and the required regulatory agencies within the required time frames."
Emergency Response Agencies are not addressed at all.
Applicant's Response
Emergency Response
The Development Plan submitted on April 19, 2006 did not include emergency contact numbers for key
EnCana personnel and agency contacts. Emergency contact sheets are attached to this letter and will be
included in current and future copies of the EnCana's Plan of Development. EnCana has selected
Gregory and Cook, Inc to construct the pipeline and a copy of Gregory and Cook's Emergency Response
Plan is also enclosed with this letter. The Gregory and Cook Emergency Response Plan will also be
included in current and future copies of EnCana's Plan of Development. In addition, each worker on the
project will be required to attend a mandatory environmental and safety training course, which will include
a discussion on safety and emergency response.
F. Resource Engineering: The proposed special use permit application appears to meet the
technical criteria for the Special Use requirements in Section 5.03, the specific
requirements in Section 5.03.07, and the standards in Section 5.03.08 of the Garfield
County Zoning Regulations. EnCana has obtained or is in the application process on all
identified County, State and Federal permits. Any additional permitting identified through
the referral agency comments (such as watershed protection permits from Parachute)
should be included in any approval of the County Special Use Permit.
Staff requested additional information regarding hydro -testing of the pipeline and the Applicant
provided the following statement:
Hydrostatic Testing and Water Appropriation
The Development Plan included preliminary information on hydrostatic testing operations and water
appropriation. EnCana would like to provide updated information on hydrostatic testing and water
appropriation. Approximately 8.8 million gallons of water will be required for hydrostatic testing in Garfield
County. The pipeline in Garfield County will be split into 4 test sections (mileposts -4.28 to 7.03; mileposts
7.03 to 8.04; mileposts 8.04 to 20.61; and mileposts 20.61 to 25.91). The northern most test -section is
also located within Rio Blanco County; however; all hydrostatic test water used will be withdrawn and
discharged in Garfield County.
EnCana will purchase water from American Soda LLC/Solvay Chemicals. The water purchased will be a
portion of their existing water rights from the Colorado River. A copy of American Soda's water rights are
enclosed with this letter. American Soda has an existing water pipeline from an intake point on the
Colorado River to water storage tanks at their existing facility. EnCana will withdraw water from the
Colorado River, transport it via the existing water pipeline, and store the water in the existing American
Soda water tanks. EnCana will install a temporary water pipeline from the American Soda water storage
tanks to the proposed EnCana 36 -inch diameter natural gas pipeline. This temporary, surface pipeline will
be installed across American Soda property and will only be used to transport water for hydrostatic
testing. After hydrostatic testing is complete, this temporary line will be removed.
Project Staging Area / Contractor's Yard: The proposed staging area that contains approximately
20 acres is located at the American Soda property on CR 215 at the beginning of the pipeline route.
The Applicant intends to use an existing rail spur (approved via previous SUP) to transport pipe
and supplies to the staging area. The Applicant proposes to place up to 6 temporary offices which
will be served by bottled water / port -a -potties as well as require building permits. All of the
temporary structures, machinery, supplies, etc. shall be removed at the completion of the project
leaving the site in its pre -project condition.
The Applicant states that the pipe yard will
remain in the location proposed in the April
19, 2006 submittal. EnCana will utilize the
existing Solvay (American Soda) rail spur to
transport pipe to the pipe yard. The
approximate size of the pipe yard is 14 acres.
EnCana will relocate the office/construction
yard (Contractor Yard) to the southern end of
the Solvay (American Soda) facility. A
preliminary sketch depicting the locations of
temporary office trailers, parts vans,
employee parking, and equipment parking is
shown to the left.
Electricity and telephone lines will be installed at the temporary construction offices. Portable
toilets will be available on-site and potable water will be transported from off-site and made
available to construction personnel. The approximate size of the Contractor Yard is 20 acres. Both
yards are located on lands owned by Solvay (American Soda). American Soda and EnCana are
finalizing an agreement that will allow EnCana to utilize a portion of the American Soda facility for
a temporary construction yard. This agreement is not finalized; however, American Soda has
provided a statement indicating that they have entered into negotiations with EnCana to provide a
temporary construction yard. This letter is included in the original submission. This yard and pipe
storage area is depicted below:
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111. Staff Summary of Review
The proposed 36 -inch pipeline is one of the largest pipelines proposed by the oil and gas industry
in terms of both length and width that the County has reviewed. The line (located in a 120
temporary ROW and permanent 30 - 45 foot ROW) primarily follows previously established /
disturbed pipeline routes (89% of route) with a newly proposed disturbed section (3 miles in length)
to avoid inventoried Sage Grouse habitat between mile posts 13 and 17. Additionally, they have
proposed extensive protection plans to protect Sage Grouse and raptor areas during critical
nesting times using BLM standards and methodologies. There is only 1 County road crossing
(which is a bore) underneath CR 215 at mile post 2. The application contains plans that deal with
stormwater, erosion and sediment control, spill containment, and paleontological / cultural
resource identification plans during construction.
The proposed 20 -acre and 14 -acre pipe storage / staging area on American Soda property (same
property containing the beginning of the pipeline) is an already disturbed site formerly used for
industrial activity associated with the railroad spur. Up to a maximum of 8 temporary offices are to
be located there served by bottled water and porta-lets. All of which shall be removed once the
project is complete. All noise generated from the construction will cease once completed. No new
roads will be constructed to serve the project. No new compressor stations are proposed with this
pipeline. The route will cross 3 perennial (East and West Forks of Parachute Creek) and 40
intermittent drainages which are all under the review authority / purview of the U.S. Corps of
Engineers.
By Federal law, EnCana is required to comply with the general terms and conditions of the Army
Corps of Engineers Nationwide General Permit number 12. With the exception of the East Fork of
Parachute Creek and one crossing of the Middle Fork of Parachute Creek, all waterbodies are
expected to be dry at the time of construction. EnCana will cross flowing waterbodies using a dry -
trench method. Dry -trench methods include fluming or damming and pumping. Both methods
utilize a sand bag and plastic sheeting diversion structure (or equivalent) to temporarily dam
waterbody flow. The flume method requires installation of a flume pipe to divert waterbody flow
across the trench. The dam and pump method utilize pumps and hoses to divert waterbody flow
across the trench.
It appears the pipeline project falls inside the Town of Parachute watershed permit boundary. As
such, the Applicant is responsible for obtaining a permit from the Town. Staff understands the
Applicant is working with the Town to obtain a master permit for general activity north of 1-70 which
includes this project.
Due to the size of the project and construction pace (6 months to completion), the Applicant states
it will require a workforce of up to 150 employees in Garfield County and 200 in Rio Blanco County.
The Applicant states that these employees will result in added impacts to traffic on State and
County Road systems as well as motel / hotel short term accommodations. They propose
measures to offset traffic by providing bussing alternatives for employees to the work site. While
this may alleviate some of the traffic impact, the inability to provide housing for non -local
employees remains a County / industry problem. These employees will only be needed during the
construction of this pipeline which is approximately 6 months, with the workforce peaking in size
during August in September and tapering off in October. Staff suggests the Applicant presently
begin to obtain a Special Use Permit for a "Camper Park" to be located at the staging area to
accommodate this workforce when the peak is needed. This will greatly alleviate local impacts and
allow the industry to better accommodate their project generated workforce.
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The Applicant has provided all the necessary information required in the administrative permit
application and has committed to all of the proposed requirements and conditions including several
revegetation and construction securities to be held by the County. The duration of the construction
is fairly limited to approximately 6 months. Staff finds the Applicant has satisfied concerns raised
by the referral agencies and further complies with industrial performance standards / criteria
previously used to review a pipeline in the Special Use Permit regulations. Lastly, the conditions
proposed below are similar to conditions placed on pipeline applications which have been
approved by the Board of County Commissioners which address issues regarding revegetation
and weed control, emergency contacts and plan management, and permit approval for County
road crossings.
IV. Determination
Upon substantive review of the documents submitted, Staff has made a determination of Approval
with Conditions for the Piceance Gathering Pipeline Project. The specific conditions include the
following:
1. Any equipment used in construction or operation of a pipeline must comply with the
Colorado Oil and Gas Conservation Commission Rules and Regulations, Section 802,
Noise Abatement. 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. All access and oversize or overweight vehicle permits shall be obtained from the County
Road & Bridge Department prior to beginning operation. Any new roads or intensified
driveway accesses created as a result of the pipeline construction, intended to be
permanent for maintenance and repair operations shall be placed behind a locked gate or
other barriers preventing use by recreational vehicles. Any gates or barriers need to be
consistent with the surface owner's preferences.
4. The Applicant shall obtain a driveway permit from the County Road and Bridge Department
for the access to County Road 215 from the staging / contractor's yard.
5. A utility permit will be issued for the pipeline crossing on CR 215. The crossing will be
bored under CR 215. A separate permit will be issued to allow the County ROW on CR 215
to be used to place spoils from the trenching during construction of the pipeline. We would
request a revegetation bond in the amount of $8,000.00 be placed with the County to be
held for a period of two years and a construction bond in the amount of $50,000.00 to be
placed with the County and held for a period of one year. Both time periods are from the
end of construction within Garfield County Right of Ways.
6. Revegetation will be approved by Garfield County Vegetation Manager and the ROW
restoration will be approved by Garfield County Road & Bridge Department representative.
7. All vehicles working within Garfield County Right of Ways will be licensed and registered in
the State of Colorado. All vehicles hauling equipment and materials for the pipeline
construction will abide by Garfield County Road & Bridge Departments oversize/overweight
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regulations. All vehicles requiring an oversize/overweight permit will send a letter showing
proof that they can operate under a known bond holder on file with Garfield County Road &
Bridge Department before a permit will be issued.
8. A ROW survey showing the pipeline location and a traffic control plan will be submitted to
Garfield County Road & Bridge Department prior to starting the project.
9. The Applicant shall provide spring 2006 pre -construction surveys to the County Vegetation
Director for review to analyze the presence of noxious weeds along the line (tamarisk, is
located in within 200 feet of the pipeline in many points along the pipeline). The Applicant
shall cut and treat the tamarisk prior to construction activities. Additionally, the Applicant
shall install wash stations on site. Please contact us at 625-8601 when the stations are on
site.
10. The Applicant shall provide the County with a revegetation security for fee lands in the
amount of $785,000.00 for 314 acres disturbed. Additionally, the Applicant shall submit the
original tags from each seed bag. The seed mix in the Plan shall match the seed mix used
in the field. Seed mix containing yellow sweet clover (Melilotus offcinalis) or annual yellow
sweetclover (M. indicus) shall not be used. The amount of seed specified to be planted in
the Plan shall match the quantity of seed used in the field. 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.
11. The temporary inhabited structures (office trailers, etc.) required for the project shall require
building permits from the County Planning and Building Department.
12. In no case shall an operator engage in activities which impact Federal or State threatened
and endangered species.
13. Air contaminant emissions shall be in compliance with the applicable permit and control
provisions of the Colorado Air Quality Control Program, Title 25, Resolution 7, C.R.S.
14. All operations shall comply with all applicable Federal and State Public Health and
Environment, Noise, and Air and Water Quality Control standards.
15. Any proposed waste disposal or treatment facilities shall comply with all requirements of
the County Individual Sewage Disposal System Regulations.
16. Should an abandoned pipeline be removed, it will be subject to the original revegetation
and weed management requirements in the original application.
Finally, this determination shall not be final, and no permit based upon the determination shall be
issued, for 14 calendar days after the date of the determination (June 1, 2006) in order to allow
time for the Applicant to appeal, or for the Board of County Commissioners to call up the
determination for further review, pursuant to Sections 9.07.08 and 9.07.09 of the Pipeline
Resolution. This determination shall become final, and permits applied for in accordance with the
determination may be issued, only after the expiration of this 14 -day period, and only if the
determination is not reviewed and acted upon by the Board of County Commissioners at a
subsequent appeal or call-up hearing. This determination has been sent to the Board of County
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Commissioners to determine if they wish to call up the matter. Staff will let you know if this matter
is called up within the next 14 days.
Do not hesitate to contact this office if you have any questions.
Very truly yours,
Fred A. Jarman, AQP
Assistant Planning Director
970.945.8212
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