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HomeMy WebLinkAbout2.0 Staff Report BOCC 5.3.94E)* A zl,E-a+B ilB Zt L 9Z- zt D 54-q'll.,,afit- fllc'1 ?.5..-b BOCC 5t3t94 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: APPLICANT: LOCATION: ACCESS: EXISTING AND ADJACENT ZONING: Special Use Permit for Natural Gas Transmission Line Rocky Mountain Natural Gas Company A varied right-of-way extending from the I-70 Rifle interchange to south Glenwood Springs. N/A Predominantly A/R/RD I. II. RELATIONSHIP TO THE COMPREHENSIVE PLAN The right-of-way is largely located within District C - Rural Areas with Minor Environmental Constraints. DESCRIPTTION OF THE PROPOSAL A. Site and Project Descrintion: Rocky Mountain Natural Gas Company and Public Service Company of Colorado are requesting a Special Use Permit to construct atwelve (12) inchsteel pipeline whichwill eventually stretchfromRifle to Avon. This portion of the pipeline runs from the Rifle I-70 interchange, and terminates in south Glenwood Springs. Additional SUP application(s) will be made for the portions remaining in Garheld County. The applicant's cover letter (dated March 24, 1994) and boundary maps for entire pipeline section under this permit area attached to the staff report. III. MAJOR ISSUES AND CONCERNS l.With the exception of four pending agreements, the applicants have submitted easement agreements lor the pipeline from all affected private property owners in Garfield County. Of the four remaining agreements, information submitted indicate that the applicants will need to use the condemnation process for only one property crossed by the pipeline. Several above-ground structures will be associated with the agreement. A pig launcher and pig catcher will be required at the ends of the proposed pipeline. These accessory facilities are allowed by the Zorung Resolution. A staging area for a temporary office and equipment storage will be needed for the project, although an exact location has not been deterrnined. Staff notes that "storage" will require a SUP in the A/I, fuR/RD, CIL and C/G Zone Districl.. .) 3. e7' Pipeline construction or operation will have no adverse impact upon existing lawful use of water through depletion or pollution of surlace run-ofl, stream {low or ground water. Water (approximately 9 acre feet) will be required to hydrotest the pipeline, and the applicant has indicated that disposal of the water will be consistent with the National Pollutant Discharge Elimination System (NPDES). Conversations with the applicant indicate that potable water would be used to test the line, and disposed of by surflace application and filtered through hay bails. Installation will be on a valid-right-of-way. No long term adverse impact on adjacent land is expected due to generation of vapor, dust, smoke, dust, glare or vibration. Some of these impacts are inevitable during construction, but measures described in the Environmental Assessment adequately address mitigation of these impacts. 6. [mpacts on wildlife and/or domestic animals will not be long-term due to the underground nature of the pipeline, and further addressed by reseeding. Pipeline construction will cause some short term traffrc impacts. No public roads are expected to be closed, although some delays may be necessary. Traflic control, consistent with the Colorado State Department of Transportation and the Manual of Uniform Trafhc Control Devices will be used to address these impacts. Permanent impacts from the proposed development should be minimal.. The primary impact should be addressed as a function of revegetation. Rocky Mountain Natural Gas's revegetation policy provides for either reseeding damaged areas or paying the applicant the costs of reseeding. All mitigation measures associated with the project are described in Appendix A of the Environmental Assessment (a complete copy of the mitigation measures were previously submitted to the Board, and a copy will be available at the hearing). fv-SUGGESTED FINDINGS That proper publication and public notice was provided as required by law for the hearing belore the Board of County Commissioners. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at the hearing. That the application is in compliance with the Garlield County Zorttng Resolution of 1978, as amended. For the above stated and other reasons, the proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garheld County. RECOMMENDATION APPROVAL, subject to the lollowing conditions: 1. All proposals of the applicant shall be considered conditions of approval unless stated otherwise by the Board of County Commissioners. 4. 5. 7. 8. l. 2. 3. 4. v. -7' 2. The applicant shall have 120 days from the date of the Resolution of Conditional Approval to meet all conditions set forth in the Resolution. The Special Use Permit shall be issued when all oonditions are met and shall expire 120 days after issuance, unless construction or use have commenced. All revegetation shall be in accordance with the revegetation agreements approved by each property owner. All revegetation shall be conducted with certified weed-free seed. Rocky Mountain Natural Gas shall be responsible lor weed control in accordance with State and County regulations. The applicant shall submit hnal easement agreements or evidence of linal condemnation proceedings prior to construction on properties that still require such agreements. Utility crossing agreements shall be obtained from the Garheld County Road 4. 5. . and Bridge Department prior to any crossing o[ a County Right-of-Way. F&E**Ta,n?ffid* Vea prr<P\IT r g) Sraer^Jc,jAffi|bt( 0-14 {-'*.'Jt) (@DB-o -?- GARFIELD COUNW BUILDING AND PLANNING MEMORANDUM TO: FROM: RE: DATE: I Board of County Commissioners Dave Michaelson, Planning Department RMNG/?ublic Seryice Pipeline Staging Area May 3rd, 1994 As a part of the RMNG pipeline Special Use Permit, the applicants have indicated a need to establish a "staging area" for materials associated with the pipeline. The applicant's cover letter (included in the staffpacket) references the intent to pursue "a site that has existing commercial or industrial zoning". Discussions with Mark Bean concluded that staging areas for pipeline projects have been addressed within the Zoning Resolution using the definition for "storage" described in Section 2.02.31 (a). The following table summarizes zone districts where such storage is allowed, and if additional permitting is required. Source: Garfield County ZonngResolution of 1979, as amended. On May 2,1994, Jim Krohe provided staffwith a parcel number for a tract east of Rifle, currently owned by Western Slope Aggregate with existing pipe storage facilities. The property is currently zoned A./I, and would require a CUP. Staffwas unable to locate a SUP for the property that would allow the use as a "use-by-right". 109 gTH STREET, SUITE 303 94$821 ?/62*557 I /28*797 2 GLENWOOD SPR"VGS, COLORADO 81601 A/I (Agricultural Industrial) A/R/RD (AgriculturaL/Residential/Rural Density C/L (Commercialllimited) C/G (Commercial/General) TO: FROM: DATE: RE: MEMORANDUM BOARD OF COUNTY COMMTSSTONERS MARK BEAN AUGUST 12,1994 Meeting on 8/10/94with Rocky Mountain Natural Gas, BLM and4-Mile Residents This memo will be a srunmary of the comments and statements made by the various people in attendance at the meeting on August 10th. At the end of the memo we will identify issues that need resolution and recommendations lor addressing these issues. Representatives of Rocky Mountain Natural Gas and KN Energy summarized the process they went through to gain approval for the placement of the gas line. They performed an environmental assessment of their activities to date and presented the following conclusions: (1) They feel they have stayed within the 50'row; @ They feel the "blading" done is consistent with the permit application; (3) That the root structure is still in place, even though it appears otherwise. RMNG agreed to the following changes with the BLM: (1) To continue to do everything possible to make the project site safe; (2) To get the pipe in place as soon as possible and to start rehabilitation right away; (3) To place the cut oakbrush back on the ROW; (4) To recontour the right-of-way back to the original contour as closely as possible; (5) Discussed hydro-mulching the ROW. a MEMORANDUM August ll,1994 Page2 Bruce Shuggart made the following statements: (l) No one is questioning the need for the pipeline; (2) He lelt that RMNG was talking in innuendo with statements like "best we can" and "substantially"; (6) In terms of safety, why with a 40 in. trench is it not possible to minimize the clear cut and still be safe? Will throwing vegetation back on the ROW really accomplish much? There needs to be larger plants or some other barrier along the paved roads to discourage people from using the ROW as a roadway; Fire protection, is it really adequate? Is there an immediate means for communicating an emergency situation for all heavy equipment operators all along the ROW? What guarantees do the residents have that the paved roads they paid for will be protected from damage due to heavy equipment moving in and out of the site? Not just the short term effects. The concerns also are the sheftsning of the surface life due to this operation and no contribution on RMNG's part to the repair costs; The ROW could be cut back to 35 ft. and there does not appear to be any attempt to trim and cut, rather than push aside with a blade; There is no need to slash 50 ft; We need to hire our own expert in landscaping to provide advise about adequate rehabilitation measures; (11) There is a need lor a night meeting, to allow other people unable to get away from work, to express their concerns. (3) (4) (s) (7) (8) (e) (10) MEMORANDUM August ll,1994 Page 3 There were a number of other people that spoke, some in support of RMNG and others expressing similar concerns as Mr. Shuggart. Some additional comments were: (1) There is a need for monitoring the revegetation and a monitoring group; (2) Concerns that the stipulations are not being met; (3) Consideration should be given to a less straight line. After the residents presented their ideas and concerns, the BLM made the following observations and suggestions: (l) That a 3 person citizen task force be established to come up with a rehabilitation plan; Better delinition of construction activities in "highly visible areas" will be included in future aonstruction projects; RMNG provide a weekly update/newsletter to area residents; There is a need for a fire suppression plan; The ROW will be closed to off-road vehicles by using signs and barricades; There needs to be an agreement as to the def,rnition of "blading", since there appears to be a difference o[ opinion between the BLM and RMNG. Any change to this "blading" deflrnition would be in writing and approved in advance; On steep visible slopes, the pipe should be staged, rather than driving along the ROW. (2) (3) (4) (s) (6) (7) RMNG and BLM were going to meet that afternoon to review these issues. MEMORANDUM August ll,1994 Page 4 Staff cornments and suggestions: (3) (4) (1) (2) It was strongly suggested that RMNG reinitiate communication with the private land owners to define their intended method of crossing their property. There was an obvious misunderstanding on the part of a number o[people as to the extent of the surlace disturbance that was to occur. The RMNG contractor needs to minimize the use of hard surfaced roads for moving equipment on and off the site. TheCounty should definemorespecilically what "blacling" will occur. Grading should not be allowed outside of the trench line in any area, unless it can be demonstrated that it is not possible to complete the line without wider cuts. The cutting of trees and shrubs needs to be better dehned, since there appears to be a great deal of discretion on the part of equipment operators as to what is cleared and when the "blade" is in a raised position. The County needs to have our own technical assistance available to provide vegetation guidance and monitoring. If this is the SCS, they should participate with the BLM and the proposed citizens monitoring group. (s)