HomeMy WebLinkAbout5.0 Director's Determination 11.24.2008Garfield CounQ
BUILDING & PLANNIIVG DEPARTMENT
November 24,2008
Phil Vaughan, President
Construction Management, lnc.
1038 County Road 323
Rifle, CO 81650
REi Enterpise Gas Proce.ssing, LLC Natural Gas Gatheing Pipeline for Marathon Well
Fields
Dear Phil,
Upon review, the Application was deemed technically complete on November 17, 20OB
and has been reviewed against the submittal requirements required in Resolution 2005 -
53 and required in Section 9.07 of the Zoning Resolution of 1978, as amended. The
application was found to be well organized and very thorough. This letter shall constitute
Garfield County's review of the project.
l. Project Overview (General Location and Extent)
This project generally consists of the construction and installation of 3.7 miles of a 2O-inch
MAOP natural gas gathering pipeline and 5.5 miles of a 16-inch MAOP natural gas
gathering pipeline as well as the construction of a compressor station which is intended to
gather gas from existing and new Marathon natural gas drilling fields and dry and then
boost the gas to eventually tie into a large existing gas pipeline to carry the commodity out
of the County into Rio Blanco County to a larger gas processing center.
The general location and alignment of the gathering line begins where Garden Gulch Road
reaches the top of the plateau (NW of Parachute) and trends northward along Garden
Gulch Road across the plateau to the compressor station, then continues northward to the
termination tie-in point (Hot Tap) with an existing 36-inch gas line. The proposed right-of-
way widths vary during construction but result in a 25' permanent easement once
constructed. The pipeline appears to be primarily located in already disturbed areas
significantly reducing the footprint (cuts / fills) on the ground.
ll. Surface Ownership
The gathering line crosses both private fee lands as well as BLM. The following sets out a
list of those ownerships:
1. Reuben & Stephanie Oldland (Pipeline)
2. Chevron Shale Oil Company (Pipeline)
108 Eighth Street, Suite 401 ' Glenwood Springs, CO 81601
(970) 945-8212, (970) 285-7972' Fox: (970) 384-3470
3. Berry Petroleum company (Pipeline& compressor station)
4. Bureau of Land Management (Pipeline)
S. Marathon Oil Company (Pipeline, Compressor Station & Garden Gulch Road)
6. Specialty Restaurants Corporation (Pipeline)
7. Encana Oil & Gas (USA), lnc. (Staging Area)
Based on the information provided, the
applicant has all of the easements and right-
of-ways necessary to move forward on the
project with the exception of permission
(approval) by the BLM; however, it is
anticipated that approval will be forthcoming.
lll. JackrabbitCompressorStation
The smal! white circle represents the location
of the Jackrabbit compressor station. The
compressor station will contain up to 5
enclosed compressors with limited processing
equipment intended to dry the gas before
boosting it on northward to the Hot Tap tie-in.
The application contains a sound analysis that
demonstrates that the COGCC noise
regulations can be met.
lV. Road Cuts / Access
The pipeline route will not cross any County
roads and an access Permit has been
provided to Enterprise for access off of
County Road 215 for the construction of the
project. There are several stream crossings
and a boring to completely avoid wetlands
that have been identified. The Corps of
Engineers has approved of the proposed
design approach. The application contains a
very well detailed Storm Water Management
Plan that provides excellent detail as to how
certain areas / stream cuts / BMPs are to be
utilized throughout the Project.
V. Wildlife
Regarding wildlife, no federatly Threatened or Endangered (T & E) species were identified
in tne corridor. There were State Listed Threatened, Endangered, Special Concern
Species that may occur in the project area that include the Greater Sage Grouse,
American Peregrine Falcon, and the Colorado River Cut Throat Trout. Additionally, birds of
conservation coneern included 10 raptor nests within 1/3 mile of the corridor. Based on
)
these species, necessary mitigation should include restricting construction to specific
months to lessen the impact on these species'
Specifically: TheApplicant has agr.eed to adhereto a seasonal restriction from March 1 to
Jrrv rs wiln a buffei zone of 1/3hib for Red Tailed Hawk nests and Yo mile for Coopers
Hawk nests from April 1 to August 15th as identified in the report. Further, regarding the
Greater Sage Grouse, Applicant commits to restricting the construction within 0.6 miles of
the Bear Run grouse ief during their breeding season from March 1 to May 31. Staff has
suggested these as conditions of approval.
Vl. Staging Areas
In this case, the Applicant proposes to adaptively re-use two parcels on the valley floor (7
and 21 rcre prop"rties) that'were previously permitted as staging areas for Encanafs
Colbr.on pipeline'for. thii project. Leases and ownership rightg ?re in place for this use.
Access from these two areas are directly onto CR 3oo and SH 6 and 24. The intent is to
store materials at these locations as weil as serve as an employee shuttle start to avoid
impacting traffic on CR 215. These areas will terminatethis use at the end of the project.
Vll. Referral Comments
staff referr.ed the Application to the following Agencies / Departments whose comments
are included here foi review and attached io this letter which is required by Resolution
2005 - 53:
A. Burninq Mountain Fire Protection District: Burning Mountain Fire Prctection District
has no rss@ proposed pipetine. We do however reserue the
right to monitor the pipetine and the operations in the future.
B. Garfietd Countv Road and Qridqe Depaftment: Gafield County Road & Bridge
@ctioni to this application with thefollowing comments.
Diveway access permits have been issued for both the Garden Gulch
entrance and the'location on Cr. 300 for the staging area and parking of
employee personal vehicles.
Alt'vehicles hauling equipment and mateials for this application shall abide
by Garfietd County's oversize/overweight sysfem, All vehicles requiing an
iversize/overweight permit shall have on fite a lefter from Marathon stating
such vehicles can obtain oversize/overweight permits under their road bond
on file with Garfield County Road & BidgeDepafiment-
At this time Enterprise Gas Processrng ttC ,s consideing obtaining their
own road bond and alt vehicles working for them would obtain
oversize/overweight permits under their bond. Garfield County Road &
Bridge Depaftment woutd require a letter from Enterprise LLC stating such
vehictes can obtain permits under their road bond if they obtain one.
The use of the staging area and transporting employees fo the wofu area by
muttipassenger venicrcs is a benefit to atl users of Cr. 215 and other roads
that wilt be used by this apptication both by the reduction of traffic and the
impact to the road sYstem.
C. Town of Parachute: No comments were received.
D. County Vegetation Management: Found the submitted weed management plan is
acceptable.
. Staff requests that the applicant treat all inventoried noxious weeds in the project
area prior to construction activities if possible. Please forward a copy of the
application records to:
G arfield County Vegetation Management
POB 426
Rifle CO 81650
o The applicant has quantified the surface area to be disturbed as 87.55 acres of
pipeline disturbance on private land and 17.53 acres of disturbance for the
compressor station. Staff concurs with the applicants proposal to have two
separate securities, one for the pipeline and one for the compressor station. The
pipeline should be bonded at a rate of $2500/acrg the compressor station should
be bonded at a rate of $4000/acre since it will be a long-term security.
Compressor station = 17.53 acres. 17.53 x $4000 = $ 70,120
Total requested amount for reveg security = $288.995
The security shal! be held by Garfield County until vegetation has been successfully
reestablished according to the Reclamation Standards in the Garfield County Weed
Management Plan. lt is the responsibility of the applicant to contact the County,
upon successful revegetation establishment, to request an inspection for security
release consideration
The applicant shall provide the Vegetation Management Department with copies of
the or.iginal 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).
Countv Oil & Gas Liaison: No cornrnents were received.
Countv Proiect Enqineer: lndicated that the application has met the required
standards in Section 9.07.06 of the County's Zoning Regulations.
\IIII. SUMMARY OF REVIEW
The 9.0 mile pipeline corridor will be primarily located within an existing pipeline easement
and will not result in any significant new cuts / land disturbance and has met all the zoning
requirements for. this pipeline. Therefore, upon substantive review of the documents
4
E.
F.
submitted against the required standards and criteria in Section 9.07.06, Staff has made a
determinatidn of Approval with Conditions for the uEntwise Gas Processing, LLC
NatwatGas Gafhriig Pipetine fsr Marathon Wett Fields. The specific conditions include
the following:
1. Any equipment used in construction or operation of a pipeline must comply with the
Cotorado Oit and Gas Conseruation Commission Rules and Regulations, Secfion
802, Noise Abatement. Additionally, all power sources used in pipeline operations
shall have electric motors or muffled intemal combustion engines.
2. Pipeline operations shalt be located in a manner to minimize their visual impact and
disturbance of the land surtace. Facilities shall be painted in a uniform, non'
contrasting, non-reflective color, to btend with the adjacmt lmdscape. Right-of*ay
shatl be tocated in existing distubed areas unless safety or visual concems or other
adverse surtace impacts clearly dictate otherwise.
3. Att vehicles hauling equipment and materiats for this application shall abide by
Garfietd County's oversize/overweight sysfem. All vehicles requiring an
oversize/overweight permit shall have on file a lefter from Marathsn stating such
vehicles can obtiin oversizeloverweight permits under their road bond on file with
Garfield County Road & Bidge Departmmt.
4. At this time Enterpnse Gas Processing LLC is considering obtaining their own road
bond and att vehicles wo*ing for them would obtain oversize/overweight permits
under their bond. Garfietd County Road & Bridge Department would require a letter
from Enterpise LLC stating such vehicles can obtain permits under their road bond
if they obtain one.
S. The use of the staging areas and transporting employees to thework area by multi-
passenger vehicles is a benefit to all users of County Road 215 and other roads
that witl be used by this apptioation both by the reduction of traffic and the impact to
the road sysfem.
Atl vehictes working within Gaffteld County Right of Ways will be liaensed and
registered in the Sfafe of Cotorado. Allvehicles hauling equipment md materials for
the pipeline construction will abide by Garfield County Road & Bidge Departments
oversize/overweight regulations. All vehicles requiing an oversize/overweight
permit wilt send a letter showing proof that they can operate under a known bond
holder on file with Garfietd County Road & Bidge Department before a permit will
be issued.
The Appticant shall provide the County with a digital alignment of the pipeline once
constructed in a format readable to the County Geographic lnformation System
(GlS) analyst.
ln no case shatt an operator engage in activities which impact Federal or State
threatened and endangered species.
6.
9. The Applicant and the project construction plan shall adhere to a seasona/
restiction from March 1 to July 15 with a buffer zone of 1/3 mile for Red Tailed
Hawk nests and % mile for Coopers Hawk nesfs from Apil 1 to Augusf 75fh as
identified in the wildlife report.
l0.Regarding the Greater Sage Grouse, Applicant shall restict the construction within
0.6 miles of the Bear Run grouse lek duing their breeding season from March 1 to
May 31.
11.Air contaminant emissions shall be in compliance with the applicable permit and
control provisions of the Colorado Air Quality Control Program, Title 25, Resolution
z c.R.s.
12.All operations shall comply with all applicable Federal and Sfafe Public Health and
Environment, Noise, and Air md Water Quality Control standards.
l3.Should an abandoned pipeline be removed, it will be subject to the original
revegetation and weed management requirements in the original application.
14.That the Applicant satisfy the comments from the County Vegetation Director as
follaws:
A. The Applicant shall treat all inventoried noxious weeds in the prcject area
pior to construction activities if possible. Please forward a copy of the
a p p I ication reco rd s to :
G artied County Vegetation Man agement
POB 426
Rifle CO 81650
B. The Applicant has quantified the surface area to be disturbed as 87.55 acres
of pipeline disturbance on pivate land and 17.53 aares of distuhance for the
compressor station. Sfaff concurs with the Applicant's proposal to have two
separate securities, one for the pipeline and one for the compressor station.
The pipeline should be bonded at a rate of $2500/acre, the aompressor
station should be bonded at a rate of $4000/acre since it will be a longlerm
secuity.
Pipelinearea = 87.55 acres. 87.55 x $2500 = $218,875
Compressor station = 17.53 acres. 17.53 x $4000 = $70,120
Total requested amount for reveg secuity =$288.995
C. The security shall be hetd by Garfield County until vegetation has been
successfully reestablished according to the Reclamation Standards in the
Garfield County Weed Management Plan. lt is the responsibility of the
Applicmt to contact the County, upon successful revegetation establishment,
to request an inspection for secuity release consideration
D. The Appticant shalt provide the Vegetation Management Depaftment with
copies of the original tags from each seed bag. The seed mix in the Plan
shtall match the seed mix used in the field. Do not use a seed mix containing
yellow sweet clover (Metilotus offcinalis) or annual yellow sweetclover (M.
indicus).
E. Any straw or hay bales used in erosion control shall be certified weed free.
This determination has been sent to the Board of County Commissioners to determine if
they wish to call up the matter. Staff will let you know if this matter is called up by
December 8th, 2008. 1Note, the permit cannot issue and no work can be commenced until
all conditions have been met.)
Do not hesitate to contact this office if you have any questions.
Director, Building & Planning Department
970.945.8212