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HomeMy WebLinkAbout1.0ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com ID PIPELINE DEVELOPMENT PLAN I PIPELINE DEVELOPMENT PLAN AMENDMENT (Check the box that applies) GENERAL INFORMATION (Please print legibly) ➢ Name of Pipeline Owner: Enterprise Gas Processing, LLC ➢ Mailing Address: 1100 Lousiana Telephone: (303 )820-5607 > City: Houston State: TX Zip Code: 77002 Cell: (303 ) 319-6034 ➢ E-mail address: Deru, P.E. email: jcderu@epco.com FAX: (303 ) 820-5601 ➢ Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc): ➢ PVCMI- Land Planning Division ➢ Mailing Address: 1038 County Road 323 Telephone: (970 )625-5350 ➢ City: Rifle State: CO Zip Code: 81650 Cell: (970 )379-0428 ➢ E-mail address:phil@pvcmi.com FAX: (970 )6254522 ➢ Description of Project: Addition of a 10" diameter, 1.9 mile pipeline lateral and addition of a 3" diameter 0.58 mile condensate pipeline within the existing pipeline right-of-way. ➢ General Location of Pipeline (Right -of -Way): Begin at Section 33, T5S, R96W and end 1.9 miles to the North ➢ Diameter and Distance of Pipeline: 1.9 miles of 10". 0.58 mile of 3". ➢ General Legal Description: Please see Tab 5 of the original application ➢ Existing Use: Agricultural and Natural Resources Development ➢ Pipeline ROW Distance (in acres) No additional disturbance ➢ Zone District: Resource Lands Last Revised 1/1/09 I. APPLICABILITY Pursuant to Section 9-102 of Article IX of the County's Unified Land Use Resolution of 2008, the Board of County Commissioners regulates Pipelines that are: 1) Greater than 12 " in diameter and over two (2) miles in length; or 2) Any pipeline more than five (5) miles in length, proposed to be located in the unincorporated area of Garfield County. A Pipeline Development Plan approval is required prior to the issuance of any County permit with pipeline operations. However, pipeline operations which do not require a building or other associated County permit must still obtain a Pipeline Development Plan approval under this resolution. II. SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Submit a completed and signed Application Form, an application fee, and a signed Agreement for Payment form. (Submit eight copies of the proposed development plan with the completed application form to the Building and Planning Department.) 2. Submit a cover letter explaining the purpose of the application including the pipelines, length and diameter, pipeline commodity, and the general description of the pipeline route. Attach any supporting materials that address the standards and criteria found in Article IX of the Unified Land Use Resolution of 2008. 3. Submit a letter from the pipeline ROW owner(s) if the owner is being represented by another party other than the owner. If the property is owned by a corporate entity (such as an LLC, LLLP, etc.) Please submit a copy of recorded "Statement of Authority" demonstrating that the person signing the application has the authority to act in that capacity for the entity. 4. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing the subject property and all public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, private and public, and their addresses adjacent to or within 200 ft. of the proposed pipeline ROW. This information can be obtained from the County Assessor's Office. You will also need the names (if applicable) of all mineral interest owners of the subject property, identified in the County Clerk and Recorder's records in accordance with §24- 65.5-101, et seq. 5. Vicinity map: An 8 'h x 11 vicinity map locating the parcel in the County. The vicinity map shall clearly show the boundaries of the subject property and all property within a 3 -mile radius of the subject property. The map shall be at a minimum scale of 1 "=2000' showing the general topographic and geographic relation of the proposed pipeline to the surrounding area for which a copy of U.S.G.S. quadrangle map may be used. 6. A copy of the Pre -Application Conference form from the original Pre -Application Conference. 7. Proof of Ownership A. For individual pipeline right-of-ways, submit a diagram showing adjacent properties and the approximate location of buildings and their uses within a distance of 350 feet of any proposed structure, facility, or area to be disturbed. This may be drawn at a smaller scale than the site plan. B. For an area plan, the map will show the property boundaries and ownership information for all private and public property included in the development area. 8. Notice to Surface Owners. Provide evidence of surface owner notification and of surface use agreements where the surface owner is not a party to the mineral lease. 9. Regulatory Permit Requirements. Submit a table indicating the permit agency (local, state, federal) name, permit action driving task and the task to be performed to obtain the permit, prior to issuance of the permit by the County. 10.Primary Project Participants. Include the names, address and phone numbers of the company representative, company and individual acting as an agent for the company, construction company contacts, and federal and state agency contacts. 11. Project Facilities. Identify any permanent project facilities such as permanent right-of- way, widths, meter stations, compressor stations, valve sets, etc. Also indicate any temporary right-of-way, staging areas, width during construction, construction facilities, etc. 12.Construction Schedule. Indicate the estimated start and end dates for construction, days of the week in which construction will occur, hours of day during which construction will occur. 13. Sensitive Area Survey: List the types and areas of concern within and adjacent to the pipeline right-of-way, such as: sensitive plant populations; identified cultural, archeological and paleontological resources; and wetlands identified during pre - construction environmental surveys. This rule does not apply in previously disturbed corridors or rights-of-way and/or areas permitted by the Colorado Oil and Gas Conservation Commission. 14. Revegetation Plan. 1. Submit a plant material list. Be specific, scientific and common names are required. Include application rate in terms of pure live seed (PLS) per acre. 2. Submit a planting schedule that includes timing, methods, and mulching. 3. Provide a revegetation security. A security may be required if, in the determination of the County Vegetation Management, the proposed project has: a) A potential to facilitate the spread of noxious weeds b) A potential to impact watershed areas. c) A potential for visual impacts from public viewing corridors. d) Steep slopes (15% or greater) or unstable areas. e) Disturbs large area (Half an acre or greater) 4. The revegetation security will be in an amount to be determined by the County Vegetation Management that will be site-specific and based on the amount of disturbance. The security shall be held by Garfield County until vegetation has been successfully reestablished, or for a period of time approved by the County Vegetation Management in any specific land use action, according to the Reclamation & Revegetation Standards Section in the Garfield County Weed Management Plan. The County Vegetation Management will evaluate the reclamation and revegetation prior to the release of the security. 15. Weed Management Plan. A weed management plan for all Garfield County listed noxious weeds and State of Colorado listed noxious weeds that are targeted by the Commissioner of Agriculture for statewide eradication. 16. Emergency Response Plan. Include a fire protection and hazardous materials spills plan, which specifies planned actions for possible emergency events, a listing of persons to be notified of an emergency event, proposed signage, and provisions for access by emergency response teams. The emergency plan must be acceptable to the appropriate fire district or the County Sheriff, as appropriate. The plan shall include a provision for the operator to reimburse the appropriate emergency service provider for costs incurred in connection with emergency response for the operator's activities at the site. 17. Traffic Impact. For construction traffic on county roads, indicate the anticipated types of vehicles, number of each type, anticipated number of trips per day per each type, county roads to be used, and percentage of the construction traffic that will travel on each listed county road. 18. Staging Areas. Indicate the general location of the staging areas required for pipeline construction. 19. Hydro -test Water. Indicate the quantity of water required, source of water and the disposition of the water after testing. III. REVIEW STANDARDS Pipeline Development Plans will only be approved if they have adequately met the following standards as required in Section 7-815. The Application should specifically respond to each of the following standards: 1. Right-of-way and any associated facilities shall be located along the perimeters of surface property ownerships and not within areas of agricultural crop production as a general guide. Non -perimeter locations will be acceptable if the surface owner agrees and there is no adverse impact on adjacent properties. 2. 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. a. For any pipeline construction or operational facility that will have a substantial impact in adjacent areas, additional noise mitigation may be required. One or more of the following additional noise mitigation measures may be required: 1. Acoustically insulated housing or covers enclosing any motor or engine; 2. Screening of the site or noise emitting equipment by fence or landscaping; 3. A noise management plan specifying the hours of maximum noise and the type, frequency, and level of noise to be emitted; and 4. Any other noise mitigation measures required by the COGCC. b. All power sources used in pipeline operations shall have electric motors or muffled internal combustion engines. 3. Pipeline operations shall be located in a manner to minimize their visual impact and disturbance of the land surface. a. The location of right-of-way shall be away from prominent natural features and identified environmental resources. b. Right-of-way shall be located to avoid crossing hills and ridges, and wherever possible, shall be located at the base of slopes. c. 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. 4. Access points to public roads shall be reviewed by the County Road & Bridge Department and shall be built and maintained in accordance with the Garfield County Road Specifications. All access and oversize or overweight vehicle permits must be obtained from the County Road & Bridge Department prior to beginning operation. All proposed transportation right-of-way to the site shall also be reviewed and approved by the County Road & Bridge Department to minimize traffic hazards and adverse impacts on public roadways. Existing roads shall be used to minimize land disturbance unless traffic safety, visual or noise concerns, or other adverse surface impacts clearly dictate otherwise. 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. 5. In no case shall an operator engage in activities which threaten an endangered species. 6. 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. 7. All operations shall comply with all applicable State Public Health and Environment, Water Quality Control standards. 8. Any proposed waste disposal or treatment facilities shall comply with all requirements of the County Individual Sewage Disposal System Regulations. 9. The proposed reclamation plan shall provide for a reasonable reclamation schedule in light of the specific surface use and surrounding land uses, and may require recon touring and revegetation of the surface to pre -disturbance conditions. The Planning Director may also approve a plan for an alternative post disturbance reclamation, provided the surface owner and the applicant agree, and the plan is in harmony with the surrounding land uses and the Comprehensive Plan. 10. Should an abandoned pipeline be removed, it will be subject to the original revegetation and weed management requirements in the original application. IV. Process for Pipeline Development Plan Application Review The review process for a Pipeline Development Plan is an administrative process with the ability for the Board of County Commissioners to "call-up" the application for a formal review. Note, the timelines outlined in this application only start once an application has been deemed technically complete. Please refer to Section 9-105 through 9-109 of Article IX for a more detail of this process 2. Referral and Review by Planning Director (Section 9-105). The Planning Director will coordinate the review of the development plan application. Upon the filing of a complete application for development plan review, the Planning Director shall promptly forward one copy to the County Road & Bridge, Oil & Gas Auditor, Vegetation Management and Engineering Departments; the appropriate fire district or County Sheriff; the surface owners of an individual pipeline development plan; and any adjacent municipality for comment. a. Referral comments on the proposed development shall be returned to the Planning Director no later than 18 days from the date of application for an individual site application and 30 days from the date of application for an area development plan. 3. Notice (Section 9-105(B)). Once the application has been deemed technically complete, the applicant shall notify the property owners within 200 feet of the route that are not affected surface owners with an agreement with the applicant. A sign (provided to the Applicant by the Planning Department) will be posted on the portions of the route crossing or adjacent to a public road within seven days after receiving a complete application for an individual development plan review. Both the notice and the sign shall indicate that a development plan review application has been made, and the phone number of the Planning Department where information regarding the application may be obtained. 4. Director Review & Decision (Section 9-105(D)) Any determination by the Planning Director to approve or conditionally approve a development plan application must be in writing and mailed or otherwise provided to the applicant no later than 28 days for an individual pipeline development plan or 60 days for an area pipeline development plan, after the date on which the development plan application is filed. Failure to make a determination on the application within this time period shall result in the application being considered approved and the applicant's building permit or access, or other permits being processed, provided the applicant builds the pipeline in compliance with the application. 5. Board of County Commissioner "Call -Up" (Section 9-109) Once the Director has determined the application to be approved, the Director will immediately notify the Board of County Commissioners (BOCC) of the approval. From this point, the BOCC has 14 calendar days to call-up the application. No development can occur of the pipeline project until this period has elapsed and the conditions of approval have been met. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. 1/21/09 (Signature of Owner of Right -of -Way) Date GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include a Payment Agreement Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES TYPE OF LAND USE ACTION Vacating Public Roads & Rights -of -Way Sketch Plan Preliminary Plan / Conservation Subdivision Preliminary Plan Amendment Final Plat Final Plat Amendment / Correction Plat Combined Preliminary Plan and Final Plat Minor Exemption / Amendment Major Exemption / Amendment Rural Land Development Option Exemption / Amendment General Administrative Permit Floodplain Development Permit Pipeline Development Plan / Amendment Small Temporary Employee Housing Minor Temporary Employee Housing Limited Impact Review / Amendment Major Impact Review / Amendment Rezoning: Text Amendment Rezoning: Zone District Amendment Planned Unit Development (PUD) / Amendment Comprehensive Plan Amendment Variance Interpretation Planning Staff Hourly Rate • Planning Director • Senior Planner • Planning Technician • Secretary County Surveyor Review Fee (includes review of Amended Plats, Final Plats, Exemption Plats) Mylar Recording Fee Page 2 BASE FEE $400 $325 $675 + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey $325 $200 $100 $1,075 $300 / $300 $400 / $300 $400 / $300 $250 $250 $400 / $300 $50 $250 $400 / $300 $525 / $400 $300 $450 $500 / $300 $450 $250 $250 $50.50 $40.50 $33.75 $30.00 Determined by Surveyor$ $11-1s`page $10 each additional page The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. Page 3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and Enterprise Gas Processing, LLC Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for Amendment to the Marathon Gathering System (hereinafter, THE PROJECT). 2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. OWNER and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to OWNER. OWNER agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE) 1/21/09 Signature Date Philip Vaughan- PVCMI-Land Planning Div. Print Name Mailing Address: 1038 County Road 323 Rifle, CO 81650 Page 4 P7A ot.,,,�,,(` VANIER Co\sTR (4n \ Mi1NAEh1EV1, 1038 Country Rd 323 69�\ RIFIE, CO 81650 January 22, 2009 Mr. Fred Jarman Director Garfield County Building and Planning Department 108 8th Street, 4th Floor Glenwood Springs, CO 81601 Dear Mr. Jarman, Please consider this letter and associated attachments an amendment to the Administrative Permit issued on 12/11/08 for the Development Plan Review for Right -of -Way for the Enterprise Gas Processing, LLC -Marathon Gathering System. As per section 9.07.13 of the Garfield County Zoning Resolution of 1978 "9.07.13 Amendments to a Development Plan: Any proposal to change a development plan approved under this Resolution shall require an application to the Planning Department to determine whether the proposed change constitutes a substantial modification to the approved plan." I refer to the 1978 code as this application was approved under the previous code. Please find attached the following documents: 1. Garfield County Pipeline Development Plan Amendment Application and Payment Agreement Form. 2. Administrative Permit for Enterprise Gas Processing, LLC dated 12/11/08 3. Drawing "Jackrabbit Gathering System- Phase 1- Garfield County". This drawing notes the original approval and the additional 10" and 3" lines that are part of this amendment. 4. Drawing 12499-1803-OOA Rev. A dated 1/21/09- 10" North Lateral Cover Sheet 5. Drawing 12499-1803-001 Rev. A dated 1/21/09- 10" North Lateral Line Alignment Sta. 152+34.7 to 205+14.7 6. Drawing 12499-1803-002 Rev. A dated 1/21/09- 10" North Lateral Line Alignment Sta. 205+14.7 to 255+77.4 7. Drawing 12499-1703-010 Rev. A dated 1/21/09- 10" Northern Lateral Pig Launcher Site Plan 8. Drawing 12499-1806-OOA Rev. 0 dated 1/5/09- 3" Condensate Line Cover Sheet Page 1 of 3 9. Drawing 12499-1806-001 Rev. 0 dated 1/5/09- 3" Condensate Line Alignment Sta. 259+06.4 to 289+74.0 10. Right -of -Way Agreements for installation of the 10" line. Please note that these are the same agreements submitted in the original application that also allow for the installation of the 10" line. A. Consent to Assign agreement -Chevron Shale Oil Company/Marathon Oil Company, dated October 23, 2007 with an attachment of the October 23, 2006 Chevron/Marathon Agreement Grant of Easement, specifically described in Paragraph lA to allow for installation of the 10" line. B. Pipeline Easement Agreement- Berry Petroleum Company/Enterprise Gas Processing LLC, dated October 7, 2008. Paragraph 1 allows for the installation of the 10" line. C. Pipeline Easement Agreement- Marathon Oil Company/Enterprise Gas Processing, LLC, dated October 8, 2008. Paragraph 1 allows for the installation of the 10" line. 11. The 3" line has been agreed upon by Berry Petroleum Company and Marathon Oil Company, but final executed agreements have not been received as of yet. Upon receipt, these will be hand delivered to your office. Amendment Overview The proposed 10" north suction lateral, 1.9 miles in length, would accommodate the future production of Enterprise's customer, Marathon Oil Company, located to the north of the Jackrabbit Compressor station. This lateral is one of four 10" laterals that is being currently planned for Phase II of this gathering system; however, the 10" north lateral is the only line that shares a R.O.W with the 16" discharge line being installed before March 1, 2009. Enterprise requests to install the 10" lateral now so as to reduce the disturbance to the land, wildlife, and the environment, and also reduce safety hazards installing the 10 -inch near a live 16" discharge line in the same right-of-way. The proposed 3" condensate line, 0.58 mile in length, is required for increased operability, system integrity and safety. The Jackrabbit Compressor Station lies in a valley. There is a concern that natural gas condensate will collect in the 16" discharge pipeline and pig launcher equipment. This would impede safe system operability and cause increased corrosion. Pumping condensate over the ridge mitigates this issue and allows for safer and more reliable system operation. Both the 10" and the 3" lines will be installed within the existing right-of-way, thus there will not be additional surface disturbance. The existing administrative permit conditions remain applicable to this change as well. In order to determine if there is a Substantial Change to the Marathon Gathering System Administrative Permit, I have reviewed the definition. Page 2 of 3 "Substantial Change" is defined within the 2009 Unified Land Use Resolution as: "Substantial Change. A change to an existing approved land use resulting in one or more of the following: 1. A change in land use category. 2. A change in site design which increases a. the number of dwelling units b. the maximum square footage of structures less than 10,000 sq. ft. over 100% and structures over 10,000 sq. ft. by 10%, if a maximum has been specified in a permit or approval. c. projected traffic such that a highway access permit or an amendment to a highway access permit is required as a result of the change. d. the size of the land which is the subject of the permit or approval 3. A change in land use which creates or increases the incompatibility of the use. After review, it is my interpretation that the requested amendment is not a "Substantial Change" to the Marathon Gathering System Administrative Permit. Please let me know if you agree with the assessment that this request is not a "Substantial Modification" to the Marathon Gathering System Administrative Permit and thus Enterprise Gas Processing, LLC is entitled to proceed with construction of the 10" and 3" lines immediately. Thank you for your assistance on this project. Please contact me with any questions. Sincerely Philip B. Vaughan President PVCMI-Land Planning Division Page 3 of 3