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HomeMy WebLinkAbout2.0 BOCC Staff Report 10.09.2006Exhibits (10/09/06) Exhibit Letter (A to Z) Exhibit A Proof of Mail Receipts B Proof of Publication C Garfield County Zoning Regulations of 1978, as amended (the Zoning Code) D Staff Memorandum E Application F Memo from the County Road and Bridge Department dated 8/11/06 G Letter from the Town of Parachute dated 8/11106 BOCC —10109106 (Continued from 09/18/06) FJ PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW: SUMMARY OF REQUEST: APPLICANT/PROPERTY OWNER: LOCATION: SITE INFORMATION: ACCESS: EXISTING ZONING: ADJACENT ZONING: Special Use Permit ("SUP") The Applicant requests a SUP for Storage / Staging Area of Oil & Gas Equipment in the RL zone district Encana Oil & Gas (USA), Inc NE 1/a of Section 33 and NW 1/4 SW 1/ of Section 34, T6S, R96W, generally described as a tract of land 3.5 miles north of the Town of Parachute off of CR 215 88 acre Driveway off of County Road 215 Resource Lands (Lower Valley Floor) Resource Lands (Lower Valley Floor) • • (View of Property looking northward up Parachute Creek 1 CR 215) E. REQUEST The application is for storage / staging area for gas drilling equipment on 7.21 acres of an 88 -acre property. This use requires a special use permit in the Resource Lands, Lower Valley Floor zone district. Specifically, the applicant is proposing to construct a staging area within the parcel to temporarily park drilling rigs and associated equipment while not actively drilling on a well pad. Additional equipment would include: Steed reserve pits; Mud pumps; : Generators; ➢ Diesel engines; y Drill collars; and Pipe Racks and down -hole casing II. AUTHORITY Pursuant to Section 9.03.04 of the Zoning Resolution of 1978, as amended, the Board of County Commissioners has the authority to approve, approve with conditions, or deny Special Use Permit applications in a public hearing. III. REFERRAL The Application was referred to the following review agencies / departments for comments which have been incorporated in the memo where appropriate and can be identified by the Exhibit List: a. Town of Debeque: No comments received. b. Town of Parachute: Issued a Watershed Permit for the Staging Area. (See Exhibit G) c. Garfield County Road & Bridge Department: Has no objection to this application with the following comments. 1) The reduced traffic on CR 215 will be a great benefit to Garfield County Road & Bridge Department and the people using CR 215. 2) The requested driveway access permit will be issued upon approval by the BOCC of this application with conditions specific to the driveway access permit. 3) A stop sign will be required (if not already installed) at the entrance to CR 215. The stop sign and installation shall be as required by the MUTCD (Manual on Uniform Traffic Control devices). 4) Should dust become an issue from the staging area then we would recommend that a dust control agent be applied to the staging area. (See Exhibit F) d. Garfield County Vegetation Management: No Comments Received ,i C. • IV. REVIEW STANDARDS Special Uses are subject to the standards in Section 5.03 of the Zoning Resolution. In addition, the proposed use, due to its industrial nature, shall also be required to address the industrial performance standards in 5.03.07 and 5.03.08 of the Zoning Resolution. These review standards are presented below followed by a response by Staff. A. Section 5.03 Review Standards 1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use; Staff Finding The act of storing 1 staging area does not require the provision of water or wastewater service. 2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; Staff Finding Access to the site is proposed via an existing internal road that was developed when Unocal owned the land now owned by Williams and Encana. The Applicant has an agreement with Williams to use this internal road. The entrance for this road from CR 215 is the main entrance to the Williams Production Gas Treatment Facility to the north also known as "Man Camp Road." This intersection was improved by Williams in 2003 as a result of their phase 2 expansion. Since that point, phase 3 was approved by the Board and it was determined that the access was sufficient for William's needs. It did not contemplate the proposed trips from this staging / storage use. The Applicant anticipates traffic trips generated from this use are characterized as the following: 1) 4 to 5 heavy haul trucks are used each time a rig is brought to site; 2) No more than 2 drill rigs will occupy the site at any one time with a total of one move per month; and 3) 3 pick-up truck trips per week. The Application states that this facility will result in "rig traffic traveling to and from well sites may be reduced as much as 50 percent over time." Staff disagrees. The reason for this "rig storage / staging area" use is so that rigs can be temporarily housed in the drilling area rather than be sent back to a contract company which are out of the area and may be out of state in Utah, Wyoming, etc which may result in Encana losing the rig altogether. The rigs will still be traveling CR 215 either on the way from the drilled pad out of state or from the drilled pad to the staging area on CR 215. These pads are either in the north or south Parachute area. As a result, there is no net gain or loss in trips on the County's road system. (There may be a reduction on I-70 for rigs not having to go out of state.) This staging area simply allows Encana to keep the rigs local until a new receiver well pad is ready for the rigs allowing them to keep rigs around. In the best of worlds, the rigs would actually go from well 3 • pad to well pad and needed maintenance would occur on the pad prior to a new drill. Staff finds this appears to represent a minimal amount of trips per week / year. Staff referred the application to the County Road & Bridge Department who indicated the proposal Garfield County Road & Bridge Department has no objection to this application with the following comments. 1) The reduced traffic on CR 215 will be a great benefit to Garfield County Road & Bridge Department and the people using CR 215. 2) The requested driveway access permit will be issued upon approval by the BOCC of this application with conditions specific to the driveway access permit. 3) A stop sign will be required (if not already installed) at the entrance to CR 215. The stop sign and instailation shall be as required by the MUTCD (Manual on Uniform Traffic Control devices). 4) Should dust become an issue from the staging area then we would recommend that a dust control agent be applied to the staging area. The access from CR 215 was analyzed by Holt, Felsberg and Ullevig on behalf of Williams for their SUP to the Phase 2 expansion of their gas plant. Traffic counts were taken visually on-site over 2- 24 hour periods. The traffic analysis considers the existing and proposed level of service at the Mancamp Road/County Road #215 intersection is a Level of Service A. As a result, the Board approved phase 3 of the same operation. This included improvements such as striping and signage improvements that provided the safety necessary to serve the plant expansion and other traffic on County Road 215. It would appear the limited increase in traffic at this intersection from this proposal at its current level would not require any additional i mprovements. 3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; Staff Finding The property is located in the Parachute Creek Basin along County Road 215 and is generally characterized as 88 acres of relatively flat open range land vegetated primarily with sage and grasses. Property to the north has been developed by Williams by the construction of natural gas compressors and gas treatment facilities (now in their third phase of that facility); the property to the west is also Williams beyond Parachute Creek; the property to the east across CR 215 is the Puckett property currently being developed by Williams; and the property to the south has been developed by American Soda. This 88 -acre property is the only undeveloped area between the Williams Natural Gas Facility and American Soda plant. See the map below: 4 The established character of the area is heavy industrial in nature. The storage / staging area will be the least impacting use in the area compared to its neighbors where only 7 of the 88 acres is used for storage of drilling rigs and associated pipes / materials. r PROaL'CiiON Bier LATE camMSS 3 `. mulls PROwT DN rMa [}W PLANT, - _ L'�rr. 1I1 Cr— 'muter rowsuC,g11'. RY1I . eaIQIIt I iR WIT. ?Vag PIPELINE RVICI==CORRIDOR I IiOBIL _I _ L CORP y zl�y -t2s oa iwn 4 MQ IL OIL COR. -'217i-932-Ap-l}W •,> :..fin • ... P47 -�s} 1fi MS PRODUCTIQo few CU` 96G •-42iDr Akt:I•itrAN SbtiA,1 LEP.. Regarding lighting, the Applicant proposes to i c 1 install minimal lighting for security purposes. Should the Board approve the request; Staff recommends that all exterior lighting shall be the minimum amount necessary and all exterior lighting will be directed inward and downward, towards the interior of the property. The Applicant has not proposed the use of signage on the property. Regarding signage, the Applicant shall be required to adhere to the county's sign code. B. Section 5.03.07 Industrial Operation Industrial Operations, including extraction, processing, fabrication, industrial support facilities, mineral waste disposal, storage, sanitary landfill, salvage yard, access routes and utility lines, shall be permitted, provided: 1) The applicant for a permit for industrial operations shall prepare and submit to the Planning Director ten (10) copies of an impact statement on the proposed use describing its location, scope, design and construction schedule, including an explanation of its operational characteristics. One (1) copy of the impact statement shall be filed with the County Commissioners by the Planning Director. The impact statement shall address the following: a) Existing lawful use of water through depletion or pollution of surface run-off, stream flow or ground water; Staff Finding The Applicant is proposing a storm water management plan that incorporates best management practices as required by the Colorado Department of Public Health and Safety for any disturbance over one acre and is included in the application binder. Specifically, this site calls for a detention pond to handle drainage flow to the southeast corner of the 7 -acre site. There is no engineering specification for the detention pond and the flow it is intended to handle in the application. Staff has no idea what it is intended to achieve. While no chemicals / fuels are to be stored at the site, Staff suggests due to the nature of the 5 equipment being stored, that the Applicant file a Spill Prevention Control and Countermeasure (SPCC) plan with the County and have a copy on site for spills that may occur from vehicles / machinery in the area. b) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations; Staff Finding Due to the nature of storing equipment / rigs, there will be a minimum impact on adjacent land due to generation vapor, dust, smoke, noise, glare or vibration generated from the starting of trucks and equipment. As a matter of practice, the lot will be graveled with a dust free maintenance program. The Application states that this site will allow for maintenance to occur on the rigs and associated equipment yet there was not mention of how this is to occur and how many employees / trips are included in the operation. c) Impacts on wildlife and domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions; Staff Finding No information was provided regarding impacts to wildlife. The subject property is an open / range land which may or may not serve as valuable elk / deer habitat / migration corridor especially in an effort to access water in South Parachute Creek that cuts across two portions of the west side of the property. This standard has not been met. d) Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County; Staff Finding As mentioned above, the entrance for this road from CR 215 is the main entrance to the Williams Production Gas Treatment Facility to the north also known as "Man Camp Road.'" This intersection was improved by Williams in 2003 as a result of their phase 2 expansion. Since that point, phase 3 was approved by the Board and it was determined that the access was sufficient for William's needs. It did not contemplate the proposed trips from this staging / storage use. The Applicant anticipates traffic trips generated from this use are characterized as the following: 1) 4 to 5 heavy haul trucks are used each time a rig is brought to site; 2) No more than 2 drill rigs will occupy the site at any one time with a total of one move per month; and 3) 3 pick-up truck trips per week. The Application states that this facility will result in "rig traffic traveling to and from well sites may be reduced as much as 50 percent over time." Staff disagrees. The reason for this "rig storage / staging area" use is so that rigs can be temporarily housed in the drilling area 6 • • rather than be sent back to a contract company which are out of the area and may be out of state in Utah, Wyoming, etc which may result in Encana losing the rig altogether. The rigs will still be traveling CR 215 either on the way from the drilled pad out of state or from the drilled pad to the staging area on CR 215. These pads are either in the north or south Parachute area. As a result, there is no net gain or loss in trips on the County's road system. (There may be a reduction on 1-70 for rigs not having to go out of state.) This staging area simply allows Encana to keep the rigs local until a new receiver well pad is ready for the rigs allowing them to keep rigs around. In the best of worlds, the rigs would actually go from well pad to well pad and needed maintenance would occur on the pad prior to a new drill. Staff finds this appears to represent a minimal amount of trips per week / year. Staff referred the application to the County Road & Bridge Department who indicated the proposal Garfield County Road & Bridge Department has no objection to this application with the following comments. 1) The reduced traffic on CR 215 will be a great benefit to Garfield County Road & Bridge Department and the people using CR 215. 2) The requested driveway access permit will be issued upon approval by the BOCC of this application with conditions specific to the driveway access permit. 3) A stop sign will be required (if not already installed) at the entrance to CR 215. The stop sign and installation shall be as required by the MUTCD (Manual on Uniform Traffic Control devices). 4) Should dust become an issue from the staging area then we would recommend that a dust control agent be applied to the staging area. The access from CR 215 was analyzed by Holt, Felsberg and Ullevig on behalf of Williams for their SUP to the Phase 2 expansion of their gas plant. Traffic counts were taken visually on-site over 2- 24 hour periods. The traffic analysis considers the existing and proposed level of service at the Mancamp Road/County Road #215 intersection is a Level of Service A. As a result, the Board approved phase 3 of the same operation. This included improvements such as striping and signage improvements that provided the safety necessary to serve the plant expansion and other traffic on County Road 215. It would appear the limited increase in traffic at this intersection from this proposal at its current level would not require any additional improvements. e) That sufficient distances shall separate such use from abutting property= which might otherwise be damaged by operations of the proposed use(s); Staff Finding The location of the site (7 acres of an 88 acre property) is buffered away from all adjacent uses primarily by open range land. The established character of the larger general area is heavy industrial in nature. The storage / staging area will be the least impacting use in the area compared to its neighbors where only 7 of the 88 acres is used for storage of drilling rigs and associated pipes / materials. Other adjoining uses within the area are industrial in nature and 7 • • should not be damaged by this proposed expansion. f) Mitigation measures proposed for all of the foregoing impacts identified and for the standards identified in Section 5.03.08 of this Resolution Staff Finding The Applicant does not propose any mitigation for impacts generated from the proposed operations. 2) Permits may be granted for those uses with provisions that provide adequate mitigation for the following: a) A plan for site rehabilitation must be approved by the County Commissioners before a permit for conditional or special use will be issued; b) The County Commissioners may require security before a permit for special or conditional use is issued, if required. The applicant shall furnish evidence of a bank commitment of credit, bond, certified check or other security deemed acceptable by the County Commissioners in the amount calculated by the County Commissioners to secure the execution of the site rehabilitation plan in workmanlike manner and in accordance with the specifications and construction schedule established or approved by the County Commissioners. Such commitments, bonds or check shall be payable to and held by the County Commissioners; c) Impacts set forth in the impact statement and compliance with the standards contained in Section 5.03.08 of this Resolution. Staff Finding The Applicant provided a landscaping and reclamation plan in the application which included the following measures: Landscaping Due to the location of the facility, within sight distance ofa public road and highway, measures such as painting and fencing of the facility will be taken to lessen the visual impact. Any areas disturbed by construction or operation activities that are not covered by buildings or parking area will be resurfaced with sand and gravel and graded flat or vegetated, as necessary. Reclamation The expected life of the Parachute warehouse and training center will be the duration of EnCana Oil & Gas operations in the Parachute area. Reclamation will consist of the following: • Removal of all buildings and surface equipment • Restoration and re -contouring of grade to approximately original conditions • Replacement of stockpiled topsoil • Compliance with all prevailing Garfield County regulations and conditions governing final reclamation • This plan appears to be for a different use than what is proposed and is not acceptable. C. Section 5.03.08 Industrial Performance Standards AlI industrial operations in the County shall comply with applicable County, State, and Federal regulations regulating water, air and noise pollution and shall not be conducted in a manner constituting a public nuisance or hazard, Operations shall be conducted in such a manner as to minimize heat, dust, smoke, vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the property in which such uses are located, in accord with the following standards: 1) Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. 2) Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located; 3) Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards; 4) Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision; 5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas; a) Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state and local fare codes and written recommendations/comments from the appropriate local protection district regarding compliance with the appropriate codes; b) At the discretion of the County Commissioners, all outdoor storage facilities may be required to be enclosed by fence, landscaping or wall adequate to conceal such facilities from adjacent property; c) No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces; d) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the following standards: a) The minimum lot size is five (5) acres and is not a platted subdivision. 9 • b) The equipment storage area is not placed any closer than 300 ft. from any existing residential dwelling. c) All equipment storage will be enclosed in an area with screening at least ei ht18) feet in height and obscured from view at the sane elevation or lower, Screenan may include bermin , landscaping. siihf obscuring. fencing or a combination of any of these methods. d) Any repair and maintenance activity requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of 8 a.m.. to 6 p.m., Mon. -Fri. e) Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. e) Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. 1) Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. 6) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facilities may begin. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete and that all interested parties were heard at that meeting; however, not all pertinent facts, matters and issues were submitted at the meeting. 3. That for the above stated and other reasons, the proposed special use permit is not in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is not in conformance with the Garfield County Zoning Resolution of 1978, as amended. Specifically, the application has not satisfied the following standards: Section 5.03.07(1)(a) Section 5.03.07(1)(c) Existing lawful use of water through depletion or pollution of surface run-off, stream flow or ground water; Impacts on wildlife and domestic animals through the 10 Section 5.03.07(1)( ) Section 5.03.07(2) creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions; Mitigation measures proposed for all of the foregoing impacts identified and for the standards identified in Section 5.03.08 of this Resolution Permits may be granted for those uses with provisions that provide adequate mitigation for the following: a) A plan for site rehabilitation must be approved by the County Commissioners before a permit for conditional or special use will be issued; b) The County Commissioners may require security before a permit for special or conditional use is issued, if required. The applicant shall furnish evidence of a bank commitment of credit, bond, certified check or other security deemed acceptable by the County Commissioners in the amount calculated by the County Commissioners to secure the execution of the site rehabilitation plan in workmanlike manner and in accordance with the specifications and construction schedule established or approved by the County Commissioners. Such commitments, bonds or check shall be payable to and held by the County Commissioners; c) Impacts set forth in the impact statement and compliance with the standards contained in. Section 5.03.08 of this Resolution. VI. STAFF RECOMMENDATION Staff recommends the Board deny the Special Use Permit for "Storage / Staging Area of Gas Drilling Equipment" for Encana Oil & Gas, USA, Inc. Should the Board move to approve the request, Staff suggests the following conditions: That all representations of the Applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval unless explicitly altered by the Board. 2. That the operation of the facility be done in accordance with all applicable federal, state, and local regulations governing the operation of this type of facility. 3. That this facility is for the sole use of the Applicant/Operator. If any other entities are to be added as users, then they would be subject to an additional SUP as well as rules and regulations as administered by the COGCC. 4. The Applicant shall comply with all standards as set forth in §5.03.08 "Industrial Performance Standards" of the Garfield County Zoning Resolution of 1978 as amended and included here as follows: 11 • a. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. b. Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located. c. Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards. d. Every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision. e. Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state and local fire codes and written recommendations/comments from the appropriate local protection district regarding compliance with the appropriate codes. f. No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces. g. All equipment storage will be enclosed in an area with screening at least eight (8) feet in height and obscured from view at the same elevation or lower. Screening may include berming, landscaping, sight obscuring fencing or a combination of any of these methods. h. Any repair and maintenance activity requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of 8 a.m. to 6 p.m., Mon. -Fri. i. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. J• Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. k. Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. 12 • • 5. The Applicant shall provide a "Landscaping and Reclamation Plan" that has been approved by the County Vegetation Department prior to the issuance of a Special Use Permit. G. The Applicant shall meet with a representative of the Division of Wildlife on the property in order to prepare a wildlife mitigation plan for the property such that it addresses any impacts on wildlife through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions. This plan shall be submitted to the County for approval prior to issuance of the Special Use Permit. 7. The Applicant shall file a Spill Prevention Control and Countermeasure (SPCC) plan with the County and have a copy on site for spills that may occur from vehicles / machinery in the area. 8. The Applicant shall obtain a driveway access permit from the County Road and Bridge Department and shall adhere to conditions specific to the driveway access permit. A stop sign will be required (if not already installed) at the entrance to CR 215. The stop sign and installation shall be as required by the MUTCD (Manual on Uniform Traffic Control devices). 9. Should dust become an issue from the staging area, a dust control agent shall be applied to the staging area. 10. No development activity shall occur at this property until all of these conditions have been met and a Special Use Permit has been issued by Garfield County Board of County Commissioners. e 13 • • GARFIELD COUNTY Building & Planning Department Review Agency Form Date Sent: August 9, 2006 Comments Due: September 1, 2006 Name of application: Encana SUP for Parachute Staging Area Sent to: Garfield County Road & Bridge Dept. EXHIBIT Garfield County requests your comment in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staff contact: Fred Jarman 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Garfield County Road & Bridge Department has no objection to this application with the following comments. The reduced traffic on Cr. 215 will be a great benefit to Garfield County Road & Bridge Department and the people using Cr. 215 The re uested driveway access permit will be issued upon approval by the BOCC of this application with conditions specific to the driveway access permit. A stop sign will be required (if not already installed} at the entrance to Cr. 215. The stop sign and installation shall be as required by the MUTCD (Manual on Uniform Traffic Control Devices). Should dust become an issue from the staging area then we would recommend that a dust control agent be applied to the staging area. Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall Date August 14, 2006 Revised 3/30/00 • TOWN OF PARACHUTE POBox 100 222 Grand Valley Way Parachute, CO 81635 1 '°ORA1 Telephone: (970) 285-7630 Building & Planning Technician Facsimile: (970) 285-0292 Laura Diaz August 11, 2006 Wagon Wheel Consulting 111 E. Third St., Suite 213 Rifle, CO 81650 Re: EnCana Watershed Permit for Warehouse & Training Facility and Staging Area Dear Mr. Smith, On August 10, 2006 the Town of Parachute Board of Trustees voted to APPROVE EnCana's application for a Watershed Permit for the staging area only. The Board will hold a second public hearing once EnCana is prepared to submit plans for the Warehouse and Training Facility. PIease forward this approval for the staging area to the Garfield County Commissioners as a submittal for final approval of the Special Use Permit. Included in this letter is a copy of the Approved Land Use Application, please retain both this letter and the application form for your records. If you have any questions or concerns please contact me at the number above. Sincerely, LA- Laura Diaz Building & Planning Technician Encl. • • • • APPROVED BOW 1F etteraPNTOWN OF PARACHUTE � Ponetk DEPARTMENT OF e cfur J PLANNING & DEVELOPMENT k -'' LAND USE APPLICATION(i,� � `` `"` ` ""7-3 I int' Name of Applicant: EnCana Coil & Gas (USA) Inc. ; 2717 County Road 215, Suitre 100, 1 0 Parachute CO. 81635; 970-285-2600 Project Location: 3.5 miles NW of the Town of Parachute on County Road 215 LEGAL DESCRIPTION:NE % Sec. 33 & NW Y4 SE 'A Sec 34; T -6S; R -96W Existing Zoning: _RL Resource Land Proposed Zoning: Type of Application (check all that apply): SUBDIVISION: I 1 MINOR SUBDIVISION 1 1 MAJOR SUBDIVISION [ 1 RE -SUBDIVISION 1 [1 r1 • P. U. D. BUILDING DIVISIONS AMENDED PLAT _ REZONING ZONING VARIANCES SPECIAL REVIEW USE GEOLOGIC DEVELOPMENT LOT CONSOLIDATION 1 PRELIMINARY 1 PRELIMINARY PRELIMINARY 1 PRELIMINARY 1 PRELIMINARY [ 1 FINAL [ 1 FINAL 1 FINAL 1 1 FINAL 1 I FINAL [ 1 SIGN VARIANCE 1 FLOOD PLAIN DEVELOPMENT [ 1 VACATION OF STREET, ALLEY, R.O.W. 1 1 ANNEXATIONS [ X 1 WATERSHED PERMIT PROPERTY OWNER: EnCana Oil & Gas (USA) Inc. 2717 County Road 215, Suite 100; Parachute, CO. 81635 PROJECT ENGINEER/SURVEYOR: David Grisso; 2717 County Road 215 Parachute CO 81635; Ph # 970-285-2600 Wasatch Surveying 906 Main Street Evanston, Wyoming 82930 Ph # 307-679- °759 ADJACENT PROPERTY OWNERS: (attach separate sheet if needed) Name Address See Tab "Adjacent Property Owners" 1 • • MINERAL RIGHTS OWNERS & LESSEES OF SUBJECT PROPERTY (attach separate sheet if needed) *PLEASE NOTE ALL MINERAL RIGHTS OWNERS AND LESSEES MUST BE NOTIFIED 30 DAYS IN ADVANCE TO APPLICATION REVIEW, PLEASE INDICATE ALL MINERAL RIGHTS OWNERS, & LESSEES AS (MR), OR (L) Name Address See Tab " Mineral Owners" DESCRIPTION OF PROPOSAL: (INCLUDE PROPOSED USE, ACREAGE, ETC.) _See Tab "Project Description" Describe how this Proposed Land Use Application Complies with the Town of Parachute Land Use Regulations and the Town of Parachute Master Plan 2002. See Tab "Project Description" Describe any possible Flood Plain issues: _See Tab "Storm Water Management Plan" Describe Traffic Impact Fees Proposal: (Standard Calculation or Individual Traffic Study) See Tab "Impact Statement" Describe Land Dedication Proposal: See Tab "Proof of Ownership" Describe Water Rights Dedication Proposal: See Tab "Water Rights" 2 • 1 • I Certify that the information and exhibits herewith are true and correct to the best of my knowledge, and that in filing this application, 1 am acting with knowledge and consent of those persons listed above without whose consent the requested action cannot lawfully be accomplished. Name:(print) Address: /// ,E Signature: P 'sJAr WIt.ge fCow3(.1l/i1V Z,<. 32P -rimy I 53,7 /71.A Sfizee IL, Sale a / 3 r R r/e, CO 8/6 50 Y - 7 -6 Co elvolzie Date: INSTRUCTIONS: 1. Read both sides of application thoroughly. 2. Complete all of the requested information. 3. Descriptions of property and dedication proposals on this form should be general and brief. 4. All applications must include a CURRENT TITLE POLICY, indicating ownership and encumbrances. 5. All applications must include PROOF OF TAXES PAID. 6. Applicants should review the Town of Parachute Land Use Regulations 15.01, 15.03, 15.04, 15.05, 15.06, and any other sections specified for the proposed request. 7. All applicants who are not property owners must present a Letter of Representation, signed and notarized by the property owners. 8. Applications not signed and Iacking any of the requested information will be deemed incomplete and will not be scheduled for a Planning and Zoning Commission review. ADMINISTRATIVE PERSONNEL: 411 APPLICATION FEE1 ). APPLICATION RECEIVED DATE: PLANNING & ZONING BEARING. ]SEARING: ot1 DATE: 11 i `3 I IOW • ilOCto MAILINGS DATE: 3 COMPLETE DATE: -7114 oiF PP BOT SOT PUBLICATION 1 • MEMORANDUM To: Fred Jarman From: Steve Anthony Re: Comments on the Encana SUP for Parachute Staging Area Date: October 6, 2006 The Integrated Vegetation and Noxious Weed Management Pian is acceptable. Because of the unknown timetable of final reclamation it is recommended that the per acre rate of revegetation security be $4000 per acre. The project encompasses 7.2 acres. this would be a total security of $28,500. • • ENCANA OIL & GAS (USA) INC. PARACHUTE STAGING AREA` vto Supplemental Impact Statement CA OCT 0 5 - A Section 5.03 Review Standards � �Lo GoU INNING 2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe access to the use shall either be in place or shall be constructed in conjunction with the proposed use; EnCana has determined and agreed to limit the proposed use of the staging area to the North Parachute Operations only. The site will not be utilized to store or maintain rigs associated with drilling operations within the South Parachute Operations Area. As a result, rig and associated equipment moves from EnCana operations to the north will only impact the length of County Road 215 from the access into the proposed site and to the point where County Road 215 terminates at EnCana Property to the north. No truck traffic, associated with the proposed site, will need to travel along the section of County Road 215 south of the access to the site, nor will rig haul traffic from the north continue to impact the Town of Parachute or Interstate 70. During maintenance of the drilling rigs and equipment, while stored in the proposed staging area, service vehicles will need to access the site. These service vehicles will range in description and size from 1 ton pickups to 2 % ton trucks. It is anticipated that one each of this type of vehicles will need to access the site on a daily basis and will be limited to the duration of which the rig and equipment is being stored on site. B. Section 5.03.07 Industrial Operations 1) a) Existing lawful use of water through depletion or pollution of surface run- off, stream flow or ground water; EnCana has contracted Hawworth-Pawlak Geotechnical to calculate the drainage requirement for the site. The actual size of the proposed retention pond exceeds the calculated area required. See attached Mohave Engineering Associates drawings which depict the proposed drainage plan. See attached Spill Prevention Control and Countermeasure (SPCC) plan b) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations; During maintenance operations on the rigs and equipment, EnCana anticipates an average of one 1 ton pickup and one 2 / ton truck with an average crew size • of 6 personnel will be required to access the staging area on a daily basis. The duration of the visits will be determined by the extent and nature of the repairs and maintenance required. Once repairs and maintenance are completed, these vehicles will no longer access the site. c) Impacts on wildlife and domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions; See attached Westwater Engineering Plan d) Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County; As Mentioned above, EnCana has determined and agreed to limit the proposed use of the staging area to the North Parachute Operations only. The site will not be utilized to store or maintain rigs associated with drilling operations within the South Parachute Operations Area. As a result, rig and associated equipment moves from EnCana operations to the north will only impact the length of County Road 215 from the access into the proposed site and to the point where County Road 215 terminates at EnCana Property to the north. No truck traffic, associated with the proposed site, will need to travel along the section of County Road 215 south of the access to the site, nor will rig haul traffic from the north continue to impact the Town of Parachute or Interstate 70. During maintenance of the drilling rigs and equipment, while stored in the proposed staging area, service vehicles will need to access the site. These service vehicles will range in description and size from 1 ton pickups to 2 '/2 ton trucks. It is anticipated that one each of this type of vehicles will need to access the site on a daily basis and will be limited to the duration of which the rig and equipment is being stored on site. Landscaping Plan Due to the location of the proposed site, within sight distance of a public road, EnCana proposes to construct an 8 ft high chain-link fence equipped with privacy slats on the upper tier of the property along the east side of the site. The proposed staging area is to be located at a lower elevation as compared to the easterly portion of the property. With the construction of the privacy fence on the higher elevation, visual impacts due to the site will be substantially minimized or eliminated for local traffic along County Road 215. Privacy fencing or additional landscaping along the north, west and south boundaries should not be required due to the industrial nature of the adjacent properties. Reclamation Man • • The expected Iife of the Parachute Staging Area will be the same as the duration of EnCana Oil & Gas operations in the North Parachute area. Reclamation will consist of the following: • Immediate re -seeding of all disturbed areas outside of the fenced site caused by construction of the site. • Removal of all fencing • Removal of surface pipe racks and equipment • Removal of rock and gravel materials • Restoration and re -contouring of grade to approximately original condition • Replacement of stockpiled topsoil • Reseeding with certified, weed -free seed mixtures to match surrounding vegetation (see Westwater proposed seed mix) • Continued monitoring of re -vegetation growth. Re-application of seed as required. • Compliance with all prevailing Garfield County regulations and conditions governing final reclamation Prior to abandonment of the staging area, EnCana would contact the Garfield County Planning Director to arrange for a meeting and joint inspection of the site. This meeting and inspection would take place a minimum of 30 days prior to abandonment and would be held so that an agreement on an acceptable abandonment plan can be reached An Abandonment and Reclamation Plan would be developed to address the bullet points listed above:. • • EnCana Parachute Laydown Yard Wildlife Assessment and Mitigation Plan Garfield County Special Use Permit Application Introduction On September 27, 2006, WestWater biologists performed a site inspection of the EnCana Oil & Gas, Inc. (USA) (EnCana) Parachute Laydown Yard (PLY). The site is located west of County Road 215, Parachute Creek Road at Wheeler Gulch Road (see Figure 1). The inspections was conducted for the purpose of a wildlife assessment and management plan. Factors considered include existing land management practices, absence or presence of suitable wildlife habitat, direct or indirect evidence of wildlife use, and existing and potential natural vegetation community. Landscape Setting The PLY is on the first terrace above the floodplain of Parachute Creek. It is east of Parachute Creek in an industrial setting situated between Williams, Inc. compressor plant and American Soda. Terrain is gently sloping to nearly flat at the entrance to the yard. The property has a westerly aspect. The Colorado Division of Wildlife (DOW) requested approximately 80 acres of vacant land adjacent to the PLY be set aside as wildlife habitat. EnCana and Williams, Inc. voluntarily agreed and contributed approximately 40 acres each. The purpose of the set aside is to provide a corridor for wildlife movement between Wheeler Gulch to the east and Riley Gulch to the west across the Parachute Creek Valley. According to District Wildlife Manager JT Romatzke (2006), the corridor would be more effective if the vegetation community had more structure or layers than merely the surface herbaceous layer and a few decadent shrubs currently present. Potential Wildlife Occurrence Due to the relation to the current built environment and poor vegetation component, a low diversity of wildlife is expected to be observed passing over, nearby, or through the site seasonally. The wildlife set aside corridor is not as effective as it could be due to extreme sight distances between between shrub copses. Species or sign of their presence observed directly on the site are shown in bold type in Table 1. The other species shown in Table 1 reasonably could be expected to be observed at some time during the year from on or near the site. The adjacency of the PLY to Parachute Creek and riparian vegetation community increases the diversity of potential wildlife use. Few of the listed species are observed year round, i.e. presence is seasonal. EnCana Parachute Laydown Yard Wildlife Assessment and Mitigation Plan Garfield County, Colorado Prepared for: EnCana Oil & Gas (USA), Inc. 2717 County Road 215 Parachute, CO 81635 Attn: Brenda Herndon 970-285-2600 Prepared by: WestWater Engineering 2516 Foresight Circle #1 Grand Junction, CO 81505 970-241-7076 October 1, 2006 • L �tto�,� Found in Wipe Laydown Yard Vicinity' Scientific Name Occurrence' i arae i. TumultsSpecies CornmonName Amphibians Bullfrog Great Basin Spadefoot Western Chorus Frog Woodhouse's Toad Birds rican Crow Am American Kestrel Falco sparverus Rana catesbeiana _pea intermontana Known to occur Kno to occur Abundance' Locally Common Uncommon Pseudacris triseriata Bufo woodhousii Known to occur Fairly Common Corvus brachyrhynchos American Per • • 'ne Falcon Falco ter- : nus anatum American Robin Black -billed Magpie Brewer's Blackbird Brown -headed Cowbird Bushtit Cassin's Finch Common Raven European Starling Field Sparro Golden Eagle Aquila chrysaetos Empidonax wrightii Turdus migratorius Pica pica Eu p gus cyanocephalus Molothlrus ater Known to occur Known to occur Known to occur Known to occur Known to occur Known to occur Known to occur Known to occur Common Fairly Common Fairly Common Rare Common Common Common Common PsaItriparus minimus Carpodacus cassinit Corvus corax Sturnus vulgaris Spizella pusilla Known to occur Known to oc Known to occur Known to occur Kno o occur Uncommon Fairly Common Fairly Common Abundant Unknown Gray Flycatche Great Blue Hero Homed L House Finch House Sparrow House Wren Killdeer Loggerhead Shrike Mountain Bluebird Mourning Dove Red-tailed Hawk Red -winged Blackbi Rock Dove Spotted Towhee Turkey Vulture Western Bluebird Western Kingbi estem Meadowlark White -crowned Sparrow Wild Turkey Yellow -Humped Warbler Mammals Coyote Deer Mouse Desert Cottontail House Mouse Mule Deer Raccoon Red Fox Striped Skunk White-tailed Jackrabbi Reptiles Fence Li Racer Western Terrestrial Garter Snake Ardea herodias Eremophila alpestris Carpodacus mexicanus Passer domesticus Troglodytes aedon Charadrius vociferus Lanius ludovicianus Sialia currucoides Zenaida macroura Buteo jarnaicensis Agelaius phoeniceus Columba livia Pipilo maculatus Cathartes aura Sialia mexicana Tyrannus verticalis Stumella negecta Zonatrichia Ieucophrys Meleagris gallopavo Dendroica coronata Canis latrans Peromyscus maniculatus Sylvilagus audubonii Mus musculus Odocoileus hemionus Procyon lotor Vulpes vulpes Mephitis mephitis Lepus townsendii Sceloporus undula Coluber constrictor Thamnophis elegans 'DOW, 2005, edited by WestWater Engineering for the PLY. men found in Garfield County in similar vegetation communities with normal structural diversity. Known to occur Known to occur Known to occur Known to occur Known to occur Known to occur Known to occur Known to occu Known to occur Uncommon Fairly Common Common Fairly Common Common Common Common Fairly Common Uncommon Known to occu Known to occur Known to occur own to occur Known to occur Known to occur Known to occur Known to occur Known to occur Fairly Common Common Uncommon Abundant Common Common Fairly Common Rare Fairly Common Common Fairly Common Uncommon Common Abundant Abundant Common own to occur Abundant Known to occur Abundant Known to occur Known to occur Known to occur Known to occur Abundant Uncommon Abundant Common Known to occur Common Known to occur Uncommon Known to occur Fairly Common IP Discussion Importance of vegetative structure was evident at the time of inspection. The neo -tropical birds observed as noted in bold in Table 1 were all using greasewood. The site is poor wildlife habitat due to lack of vegetation community structure, past soils disturbances, high levels of human activity in combination with sight distances of 400 meters or more, and domestic livestock grazing. To be more effective for wildlife, the corridor would benefit from establishment of vegetation communities with multiple structural levels. According to the Natural Resources Conservation Service, U.S. Dept. of Agriculture, 2006, potential natural vegetation for Arvada loam soil on the east, north and south side of the PLY include alkalai sacaton (Sporobolus airoides), inland saltgrass (Distichlis spicata), western wheatgrass (Pascopyrum smYthii), bottlebrush squirreltail (Sitanion hystrix), Gardner's saltbush (Atriplex gardneri), greasewood (Sarcobatus vermiculatus), and winterfat (Krascheninnikovia lanata). A vegetation community composed of these species would contain multiple structural layers resulting in a complex more suitable to providing multiple life stage functions for resident wildlife. Actual vegetation complexes observed include a few greasewood, 0.5-1.5 m. in height, robust, desert seep willow (Saueda moquinii), Russian thistle (Salsola tragus), and pepperweed (Lepidium spp) which dominate the alkaline halaquepts soil. Vegetation present on the majority of the site includes alkalai sacaton, bottlebrush squirreltail, a few rabbitbrush (Ericameria spp.) and a wheatgrass, probably tall wheatgrass (Elymus elongatus). Cheatgrass (Bromus tectorum) and halogeton (Halogeton glomeratus) are also present but in relatively low density. Within 250 meters was a copse of rabbitbrush more suitable to providing the type of cover providing more function of greater value than that currently available. Vegetation conformation, hoof prints, and fecal remains exhibited evidence of heavy grazing pressure from cattle with less than 25% annual growth remaining on most plants in the study area. Native vegetation canopy varied between 1-15% where it was found. Wildlife Mitigation Improvement of undisturbed adjacent land to encourage vegetative type conversion to shrublands would greatly increase the function and value of the set aside. Greater than 90% of the surrounding land possesses only the herbaceous layer of vegetation. Methods to improve the vegetation community include: • removing or reductin domestic livestock grazing, • controlling and eliminating noxious and invasive vegetation, planting aggressive, native grasses, • creating shrub copses by seeding or planting live plant materials in locations to reduce sight distances between copses and other cover, • selectively locating future berms or soil stockpiles to decrease sight distances, • removing all unnecessary fences, • and ensuring necessary fences are wildlife friendly. • This list is not meant to be exhaustive. Other options to improve wildlife value may emerge. Those listed above are the most obvious for direct improvement of wildlife function and value. Best Management Practices Minimize the footprint of temporary disturbances and reduce to the minimum level possible all soil disturbing activities. Construction vehicles and staging should be done in a manner to reduce the footprint of new disturbance during construction. Re -seeding Temporary disturbances on EnCana property should be re -seeded with the seed recipe in the PLY Integrated Vegetation and Noxious Weed Management Plan. Fence Removal Some wildlife un -friendly fences are located near the PLY. Removal of all unnecessary fencing in the vicinity will improve the over all value to wildlife as the vegetation community develops more functions and greater values with subsequent increases in levels of wildlife use and diversity. References Colorado Division of Wildlife (DOW), 2005. Natural diversity information source. Dept. or Nat. Res., Div. of Wildlife, World wide web at http:/lndis.nrel.colostate.eduf. Romatzke, JT, 2006. Personal communication. District Wildlife Manager, Dept. Nat. Res., Div. of Wildlife, Parachute, CO. NRCS, 2006. Web Soil Survey, US Dept. of Agriculture. URL: http://websoilsurvey.nrcs.usda.gov •411-4.-1"Li9721,% MAY= all? -e1{- DIM MI.. 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