HomeMy WebLinkAbout3.0 Land Use Change Permit1111 ~r'. ~1,.~.~~.··r~·r.rlt',t l-i~.rllj r~,H ~w.·t. ~~.~~~ 11111
Reception": 809710
10/21/20 11 03 :26 :23 PM J ean Alberico
1 of 10 Reo Fee :$0 .00 Doc Fee :0 .00 GARFIELD COUNT Y CO
LAND USE CHANGE PERMIT
to
Encana Oil and Gas (USA) Inc.
for the
High Mesa Discharge Pipeline 16" Natural Gas
Pipeline, one compressor and one dehydration unit
(County Project No. PDP A 6713)
In accordance with and pursuant to Article IX of the Garfield County Unified Land U se
Resolution of 2008, as amended, the Director of the Building and Planning Department
hereby authorizes, by this Administrative Pipeline Development Permit, the following
activity:
An approximately 2. 8 mile pipeline corridor that will
encompass a 16-inch natural gas pipeline needed for
Encana Oil and Gas (USA) Inc . that runs from High Mesa
Compressor Station situated in the El/2, NWJ/4, Section
36, T7S, R96W to near the dismantled Wallace Creek
Compressor Station located in the SEJ /4, NWJ /4, Section
3, T8S, R96W, Garfield County Colorado and the
addition of one compressor and one dehydration unit at
the High Mesa Compressor Station.
This Administrative Permit is issued subject to the conditions set forth in Exhibits A -D
(attached hereto), and shall be valid only during compliance with such conditions and other
app licable provisions of the Garfield County Unified Land U se Resolution of 2008, the
Building Code, and other regulations of the Board of County Commissioners of Garfield
County, Colorado.
BUILDING AND PLANNING DEPARTMENT,
GARFIELD COUNTY, COLORADO
Fred A. Jarman, AICP
Building & Planning De
Date
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Reeept ion# : 809710 .
10/21/2011 03:26:23 PMO JeaFn A0lbe00r•cG~RFIELD COUNTY CO 2 of 10 Reo Fee:$0.00 oc ee ..
Exhibit A
Conditions of Approval
1. Any equipment used in construction or operation of a pipeline shall comply with
the Colorado Oil and Gas Conservation Commission Rules and Regulations,
Section 802, Noise Abatement. Additionally, all power sources used in pipeline
operations shall have electric motors or muffled internal combustion engines.
2. Pipeline operations shall be located in a manner to minimize their visual impact
and disturbance of the land surface. Facilities shall be painted in a uniform,
non-contrasting, non-reflective color, to blend with the adjacent landscape.
Right-of-way shall be located in existing disturbed areas unless safety or visual
concerns or other adverse surface impacts clearly dictate otherwise.
3. The Applicant shall provide the County with a digital alignment of the pipeline
once constructed in a format readable to the County Geographic Information
System (GIS) analyst.
4. In no case shall an operator engage in activities which impact Federal or State
threatened and endangered species.
5. 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.
6. All operations shall comply with all applicable Federal and State Public Health
and Environment, Noise, and Air and Water Quality Control standards.
7. Should an abandoned pipeline be removed, it shall be subject to the original
revegetation and weed management requirements in the original application.
8. The security shall be held by Garfield County until vegetation has been
successfully re-established according to the Reclamation Standards in the
Garfield County Weed Management Plan. It is the responsibility of the applicant
to contact the County, upon successful revegetation establishment, to request
an inspection for security release consideration. The Reclamation Standards at
the date of permit issuance are cited in Section(s) 4.06, 4.07 and 4.08 of the
Garfield County Weed Management Plan (Resolution #2002-94).
9. Yellow Sweet Clover (Meliltus officina/is) shall not in the seed mix to be used
for revegetation. The Applicant shall closely monitor reseeding contractors to
insure that this species is not used.
10. The Applicant shall use the seed mix identified in Appendix B of the Integrated
Vegetation and Noxious Weed Management Plan and identified in Exhibit B
(labeled as Exhibit H in the Director's Determination letter).
11. Applicant shall use Colorado Department of Agriculture certified weed-free
bales for any straw or hay bales used for erosion control.
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12. The Applicant shall adhere to the Best Management Practices listed in Section
3. 7 on pages 10 -12 of the submitted Integrated Vegetation and Noxious
Weed Management Plan as identified in Exhibit C (labeled as Exhibit I in the
Director's Determination letter).
13. The Applicant shall adhere to Section 7.0 Mitigation Recommendations on
pages 13 -15 of the submitted Biological Resources and Sensitive Areas
Report and as identified in Exhibit D (labeled as Exhibit A in the Director's
Determination letter).
14. Prior to the issuance of Land Use Change Permit, a resurvey of raptor nests
shall be completed and submitted to Garfield County Planning Department for
review.
15. Prior to pipeline construction, the Applicant shall obtain three Utility Installation
Permits (two for CR 306 and one for CR 304) from Garfield County Roads and
Bridge Department and submit these permits to the Garfield County Planning
Department.
16. The Applicant shall obtain all applicable building permits for this application.
17. Update the Emergency Response Plan so that Chris Bornholdt is shown as the
Emergency Manager.
18. Prior to the issuance of the Land Use Change Permit, the Applicant shall
provide proof of notice to property owners within 200 feet of the pipeline route
that are not affected surface owners.
2 of2
Achnatherum [Oryzopsis] hymenoides
Pleuraphis [Hilaria] jamesii
Pseudoroegneria spicata, Agropyron spicatum
APPENDIX B
Nezpar, Paloma,
Rimrock
V iva florets
Secar, P-7, Anatone
ssp. lanceolatus, Agropyron Critana, Schwendimar
Elymus trachycaulus, Agropyron trachycaulum San Luis
Agropyron smithii Arriba
Poa fendleriana
Poa sandbergii, Poa secunda
Elymus elymoides, Sitanion hystrix
Bunch
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Cool I Bunch
Cool ..,v~
forming
Cool Bunch
Cool Sod-
forming
Cool Bunch
Cool Bunch
Cool Bunch
*Based on 60 pure live seeds (PLS) per square foot, drill-seeded. Double this rate (120 PLS per square foot) if broadcast or hydroseeded.
West Water Engineering Appendix B
1.9
2.5
2.8
3.4
3.3
3.0
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Reception": 809710
10 /21 /201 1 03 :26 :23 PM Jean Alb erico
5 of 10 Rae Fee :$0 .00 Doc Fee :0 .00 GAR FIELD CO UNT Y CO
Table 3. Treatment Strategies for Annual and Biennia l Noxious Weeds
Target: Prevent S eed Productioll
EXHI BIT c,
1. Hand grub (pull), hoe, till , cultivate in rosette stage and befo re flowerin g or seed maturity. If seeds
develop, cut an d bag see d heads.
2. Cut roots with a spade just below so il level.
3. Treat with herbicide in rosette or bolting stage, befor e flowering.
4. Mow bie1mials after bolting stage, before see d se t. Mowing annuals will not prevent flow erin g, but
can reduce tot al seed production.
(Sirota 2004)
Table 4. Treatment Strategies for Perennials
Target: Deplete nutrient reserves in root system, prevent seed production
I. Allow plants to expend as much energy from root system as pos sible, do not treat when fir st
emergin g in spri ng, but allow growth to bud/bl oom stage. If see ds deve lop, cut and ba g if pos sible.
2. Herbicide treatmen t at.bud to bloom stage or in th e fall (recommended after August 15 when natural
precipitation is pre se nt). In the fall , plants draw nutrients into the roots for wi nter storage .
Herbi cid es will be dra wn down to the roots more effic ientl y at thi s time due to translocation of
nutrients to roots rather than leaves . If the weed patch has been present for a lon g period of time ,
another seaso n of seed producti on is not as import ant as getting the herbicid e into the root system.
Spraying in fa ll (after middl e August) will kill the following year's shoots, which are bein g formed
on the roots at thi s tim e.
3. Mowing us ua lly is not recommended because the plants will flow er anyway; see d production should
be reduced. Many studi es have shown that mowing peremlials and spraying th e re-growth is not as
effect ive as spraying without mowing. Effec t of mowing is species depende nt ; therefore, it is
imp erat ive to know the species and its basic bi ology. Timin g of application mu st be done when
biologically ap propriate, which is not necessarily convenient.
4. Tillage may or may not be effect ive, Most pere1mial roots can sprout from pieces only Yz in. -1 in .
long. C lean machinery thoroug hly before leaving th e wee d patch .
5. Hand pulling is genera lly not recommended for perennial spec ies unl ess you know the plants are
seedlin gs and not establi shed plants. Han d pullin g can be effe~ti ve on small patches but is very
labor intensive becau se it mu st be done repeatedly.
(Sirota 2004)
Some weeds, particular ly annuals and bi enni a ls, can develop resistance to her bici de s. The ab ility
to quickly develop immunity to herbicides, especiall y when they are used incorre ctl y, makes it
imperative to use the proper chemicals at the correct tim e in the specifi ed co ncentration
accordin g to the product lab el. Most mi suse is centered on excess iv e application, either in
frequency or co ncentratio n. T hi s results in mo stly top kill and res istant phenotypes .
3.7 Best Management Practices -Noxious Weeds
Construction : The followin g practices should be adopted for any construction project to reduc e
the co sts of nox iou s weed control a nd aid in prevention efforts. The prac tic es include:
• Top soil, where present, shou ld be segregated from deeper soils and replaced as top so il
on the final grade, a process kn ow n as live topsoi l handlin g;
WestWater Engineering Page 10 of 14 July2010
1111 Wo~o~l~,l'ltl',m'~I~'I,Mflrl~!lft!UW IW~~~~~~~ IIIII
Reception~: 809710
1012112011 03:26:23 PM Jean Alberico
6 of 10 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
• Wetland vegetation, if encountered, should be live handled like sod, temporarily watered
if necessary, and placed over excavated sub-soil relative to the position from which the
wetland sod was removed;
• Cut-off collars should be placed on all wetland and stream crossings to prevent back
washing or draining of important aquatic resources;
• In all cases, temporary disturbance should be kept to an absolute minimum;
• Equipment and materials handling should be done on established sites to reduce area and
extent of soil compaction;
• Disturbances should be immediately reseeded with the recommended mix in the re-
vegetation section;
• Topsoil stockpiles should be seeded with non-invasive sterile hybrid grasses, if stored
longer than one growing season;
• Prior to delivery to the site, equipment should be cleaned of soils remaining from
previous construction sites which may be contaminated with noxious weeds; and
• If working in sites with weed-seed contaminated soil, equipment should be cleaned of
potentially seed-bearing soils and vegetative debris prior to moving to uncontaminated
terrain.
In areas with slope greater than three percent, imprinting of the seed bed is recommended.
Imprinting can be in the form of dozer tracks or furrows perpendicular to the direction of slope.
When utilizing hydro-seeding followed by mulching, imprinting should be done prior to seeding
unless the mulch is to be crimped into the soil surface. If broadcast seeding and harrowing,
imprinting should be done as part of the harrowing. Furrowing can be done by several methods,
the most simple of which is to drill seed perpendicular to the direction of slope in a prepared bed.
Other simple imprinting methods include deep hand raking and harrowing, always perpendicular
to the direction of slope.
Herbicides: Annual and biennial weeds are best controlled at the pre-bud stage after germination or
in the spring of the second year. The species identified in the survey are susceptible to commercially
available herbicides. Selective herbicides are recommended to minimize damage to desirable grass
species.
Professionals or landowners using herbicides must use the concentration specified on the label of
the container in hand. Herbicides generally do not work better at higher concentrations. Most
herbicide failures observed by WWE are related to incomplete control caused by high
concentrations killing top growth before the active ingredient can be transported to the roots
through the nutrient translocation process. Most herbicide applications should use a surfactant, if
directed on the herbicide label, or other adjuvant as called for on the herbicide label.
Grazing: In the event grazing is allowed in the project area, it should be deferred in reclaimed
areas until the desired plant species that have been seeded are established.
Alternative Methods: An alternative method, particularly where there is poor or destroyed
topsoil, is the application ofvesicular-arbuscular mycorrhizal fungi, typically referred to as
AMF. These fungi, mostly of the genus Glomus, are symbiotic with about 80 percent of all
vegetation. Endo-mycorrhizal fungi are associated mostly with grasses and forbs and could be
helpful when reclaiming this project. In symbiosis, the fungi increase water and nutrient transfer
WestWater Engineering Page II ofl4 July2010
1111 Ml".i.~1~,IVOb'.;,IY-lJ ~~!r\1,11\',lltli(~ ~~~ IIIII
ReceptionU: 809710
10/21/2011 03:26:23 PM Jean Alberico
7 of 10 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
capacity of the host root system by as much as several orders of magnitude (Barrow and
McCaslin 1995).
Over-the-counter commercial products, which are better adapted to coating seeds when re-
seeding and treating roots of live seedling trees and shrubs at time of planting, come in powder
fonn and are available from many different sources. Some also come in granular form to be
spread with seed from a broadcast spreader. The best AMF products should contain more than
one species.
All Colorado State Forest Salida District tree and shrub plantings include the application of
AMF. According to District Forester Crystal Tischler, "AMF is worth it" (Tischler 2006). Most,
if not all, Colorado Department of Transportation re-vegetation/reseeding projects now require
use of AMF and BioSol, a certified by-product of the penicillin manufacturing process composed
primarily of mycelium. Compacted soils respond well to fossilized humic substances and by-
products called humates. These humates, including humic and fulvic acids and humin were
fanned from pre-historic plant and animal deposits and work especially well on compacted soils
when applied as directed.
3.8 Commercial Applicator Recommendations
A certified commercial applicator is a good choice for herbicide control efforts. Restricted
herbicides require a Colorado licensed applicator. An applicator has the full range of knowledge,
skills, equipment, and experience desired when dealing with tough noxious weeds. Reclamation
farming services using multiple seed bin range drills and specialized related equipment is
available and should be used for reclamation seeding projects.
Monitoring: Areas where noxious weed infestations are identified and treated should be
inspected over time to ensure that control methods are working to reduce and suppress the
identified infestation. The sites should be monitored until the infestations are eliminated or
reduced to acceptable levels. These inspections can then be used to prioritize future weed
control efforts.
4.0 REVEGETATION-RECLAMATION
Site specific reclamation plans should be developed with a qualified reclamation contractor.
Successful reclamation of the project area is dependent upon soil type and texture, slope gradient
and aspect, proper weed control, available water, and revegetation with suitable plant species.
Appendix B is a table that provides the recommended seed mix for Pinyon-Juniper Woodland
and/or Mountain/Wyoming Big Sagebrush Shrubland.
WestWater Engineering Page 12 of 14 July 2010
~.
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Reception~: 809710
10/21/2011 03 :26 :23 PM Jean Alberico
8 of 10 Rec Fee :$0 .00 Doc Fee :0 .00 GARFIELD COUNTY CO
5.1.2 Aquatic Species
5.1.2.1 Amphibians
Downstream individuals would be most susceptible in the event contaminants were
introduced to surface water during pipeline construction. The amount of available habitat
for amphibians would not be affected by the project. The amount of disturbance is not
expected to affect amphibian populations.
5.1.2.2 Endangered Fish
The Colorado pikeminnow and the razorback sucker are both federally-listed fish species
that occur in the Colorado River. Potential impacts from the project include
sedimentation oftributaries to the Colorado River, and spills of chemicals, fuels from
equipment, or other hazardous materials. · ·
It is unlikely that endangered fish in the Colorado River would be affected by this project
since sediments are mostly contained by topography a nd not likely to reach the river.
Best Management Practices (BMPs) and SpilJ Prevention Counter Control (SPCC)
measures should be followed to reduce any potential impacts to aquatic environments .
6.0 EFFECTS TO TESS PLANT SPECIES
No TESS plants or their habitats were found during surveys, and therefore no affects on
TESS plants are expected.
7.0 MITIGATION RECOMMENDATIONS
The following recommendations for mitigation are presented for maintenance and
improvement of wildlife habitat, quality, and prevention of human-caused impacts to
resources.
7.1 Maintenance and Restoration of Habitat'
Reclamation plans should include efforts to restore the native vegetation communities
once construction is complete in the project area. The companion report to thi s
document, the "Integrated Vegetation and Noxious Weed Management Plan (IVNWMP),
High Mesa 16-Inch D ischarge Pipeline" (WWE 2010) contains a recommended seed
mixture for reclamation ofthe disturbed areas. If properly applied, this seed mixture will
benefit all wildlife populations in the area. The IVNWMP also recommends ongoing
control of noxious weeds which will aid the establishment of de sired vegetation in the
reclaimed area.
7.2 Planning for Sensitive Time Periods and Areas
7.2.1 Mule Deer and Elk
Because the proposed project lies within a sensitive area for wintering big game (as
defined by the 2009 COGCC rules), consultation with CDOW is recommended before
project development. Disturbances associated with construction activities will likely
cause elk and mule deer to select habitats in more secluded areas away from construction.
This disturbance should not result in any long-te rm impacts to mule deer or elk.
WestWater Engineering Page 13 of20 July 2010
EXHIBIT
D
1111 Wil"•~l~,I'Jin':,~.~~~~~ Ill' !IW,IIIdlftl~~~~~ IIIII
Reception~: 809710
10121/2011 03:26:23 PM Jean Alberico 9 of 10 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
7.2.2 Migratory Birds
In order to comply with the Migratory Bird Treaty Act by showing a good faith effort to
reduce potential impacts on nesting birds, any brush/tree clearing at the project site
should take place outside of the nesting season. Nesting season for migratory birds is
generally considered to occur between May 15 and July 31 in this area for most species.
June I to July 15 is the peak period when most incubation and brood rearing takes place.
If brush/tree clearing can occur prior to May I, most affected birds will relocate to
alternate nesting sites. After mid-to-late July, most fledging has occurred and brush/tree
clearing impacts would be minimized.
7.2.3 Raptors
Pipeline construction activities within the project area are unlikely to affect raptor
populations. If construction is delayed until 20 II or later, the area should be resurveyed
to insure no new raptor nests have been built that may be affected by the project. If nests
are then discovered, the potential for possible effects to raptors could be reduced by
scheduling construction activities so there is no interference with breeding, nesting, and
brood rearing activities of the species occupying the new nest sites.
If new nests are discovered during subsequent surveys, WWE recommends temporal and
spatial restriction guidelines for construction activities near active nests based on BLM
stipulations (BLM 1987), Colorado Division of Wildlife (CDOW) recommendations
(Craig 2002 and Klute 2008) and literature review of nesting season timing for raptors in
the Roan Plateau region (Andrews and Righter 1992, Kingery 1998). These
recommendations are summarized in Table 8.
Table 8. Timinl!: and uf er recommen ations or active raotor nests. b ~ d
Species Buffer Zone Seasonal Restriction
American Kestrel • •
Bald Eagle 0.50 mile 15 October-3 I July
Cooper's Hawk 0.25 mile I April-15 August
Golden Eagle 0.50 mile 15 December -15 July
Great Homed Owl • *
Long-eared Owl 0.25 mile I March-15 July
Northern Harrier 0.25 mile I April -15 August
Osprey 0.25 mile I April-31 August
Peregrine Falcon 0.50 mile 15 March-31 July
Prairie Falcon 0.50 mile 15 March-15 July
Red-tailed Hawk 0.33 mile 15 February-15 July
Sharp-shinned Hawk 0.25 mile I April-15 August
Swainson's Hawk 0.25 mile I April-15 July
*Great f.lomed Owls and Kestrels are relatively tolerant of human activity. Keep activity to a minimum during breeding season.
West Water Engineering Page 14 of20 July 2010
7.3 Other Mitigation Practices
7 .3.1 Erosion
Efforts to control soil erosion within the project area should be implemented. Disturbed
soils within the project area are susceptible to erosion and downstream water quality
could be negatively affected by increased soil erosion. In addition to stormwater
management around the project site, other current factors (noxious weeds, livestock
grazing, other natural gas development) affecting soil erosion should be managed and
remedial measures implemented.
WestWater Engineering Page 15 of20 July 2010