HomeMy WebLinkAbout3.0 Staff Report BOCC 12.15.15 - Pipeline•
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BOCC
December 15, 2015
PDPA-08-15-8378
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST Special Use Permit
APPLICANT Ursa Operating Company LLC
PROPERTY OWNER Battlement Mesa Land Investments & Battlement
Mesa partners
PROJECT SIZE Approximately 13 acres of surface area will be
disturbed by the Pipeline Construction reflected by
a 50 ft. temporary construction easement and
several Temporary Work Areas and Staging Areas.
EXISTING ZONING The property is zoned Planned Unit Development
(PUD) for the Battlement Mesa PUD
Map: This shows the two well pads in blue squares with the pipeline route as the yellow dashed line
® I. GENERAL PROJECT DESCRIPTION
Ursa Operating Company (Ursa) is requesting a Special Use Permit for a 2.5 mile steel pipeline
(varying from 12" and 16" in width) that will gather natural gas from two proposed well pads (B
Pad and D Pad) and transport it to a location just outside Battlement Mesa PUD. In addition to
the gas pipeline will be two 8" high density polyethylene water pipelines collocated in the same
trench as the natural gas pipeline. The pipelines are to be located in an easement that will be
50 feet wide while the pipeline is installed then reduced to a permanent 25 foot easement once
the project is completed. The trench will have a minimum coverage of 48 inches in depth.
Generally, the Pipeline will begin at the B Pad located below County Road (CR) 307 and north of
the Battlement Mesa RV / Boat Storage area and will be bored underground in a NE direction
under CR 307 (River Bluff Road) to the D Pad. From the D Pad, it will continue eastward to the
NW corner of Valley View Village and then proceed southward along the west Valley View Village
boundary then southeasterly to cross Stone Quarry Road and CR 300 (via bore action), then
westerly along CR 302 where it will tie into the Battlement Mesa Metropolitan District water
connection on CR 302 (Underwood Lane), then continues westerly to cross CR 308 (via bore
action) then heads due south to tie into an existing water and gas line.
The purpose of the twin 8 inch water lines is to be able to provide water to the drilling and
completions activity on the proposed B and D Pads (proposing 25 and 28 wells respectively) as
well as conveying produced water for disposal from the completed pads. The entire pipeline
length crosses lands owned and controlled entirely by Battlement Mesa Land Investments and
Battlement Mesa Partners. All crossings with County roads are to be bored underneath the
roads with a substantial bore from the B Pad to the D Pad. The pipeline construction will take 18
weeks to complete (assuming a 5 day work week) beginning in 2016, if approved.
II. REFFERAL AGENCY COMMENTS
Public Notice was provided for the public hearing in accordance with the Garfield County Land
Use and Development Code as amended and the Garfield County Zoning Resolution of 2008.
Notice included publication, mailing and posting. The Applicant has provided evidence of
compliance with the notice requirements. Comments from formal referral agencies and County
Departments specific to the pipeline are summarized below and attached as Exhibits. Other
comments are also attached as Exhibits.
1. Garfield County Consulting Engineer, Chris Hale, Mountain Cross Engineering:
a) The Applicant should include fittings or transition necessary to transition from a
12" pipe to a 16" pipe at station 47+00.
b) There are two horizontal bends proposed in an area of pipeline that is proposed
to be bored beneath Stone Quarry Road, station 59+37 to station 61+87. The
Applicant should discuss the feasibility of constructing 459 and 879 bends in
borings.
c) The Applicant should provide a detail for the proposed valve sets.
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d) The typical trench section should be revised to match the Garfield County
conditions for pipeline installations. The note on the cover should be revised to
reference these conditions also.
e) The "Integrated Vegetation and Noxious Weed Management Plan" prepared by West
Water Engineering identified locations along the pipeline that had riparian areas and
wetlands. The Applicant should identify if any permitting was obtained and/or necessary
and the mitigation that was implemented. Specific construction mitigation necessary
should be included on the plan sheets.
2. Grand Valley Fire Protection District, Rob Ferguson Deputy Fire Chief: Commented that the
District does not have any objections or further requirements for the pipeline special use
permit.
3. CDPHE, Ingrid Hewitson, Air Quality Planner, Air Pollution Control Division: Provided general
information on the CDPHE permitting requirements.
4. Garfield County Road and Bridge, District 3 Superintendent, Dan Goin:
a) Noted that if the bores are not successful they will need to get road cut permits and
patch roadways.
b) Indicated that the Applicant will be responsible for repairing any damage to roadways or
curbs.
c) Noted that construction must be done to maintain current drainage and allow for future
maintenance ofdrainage.
5. Town of Parachute, Michael Erion Water Engineer/Consultant noted that the project is not
located within the Town's Watershed Protection District and had no objections to the
project.
6. Garfield County Vegetation Manager, Steve Anthony:
a) Indicated that the Noxious Weed Inventory and Management Plan and proposed seed
mixes are acceptable.
b) Recommends treating all inventoried weeds within the 30 foot survey prior to October
31, 2015.
c) Recommended a $32,500 security for re -vegetation (based on 13 acres of disturbance).
7. Garfield County Oil and Gas Liaison:
a) Suggests that given the pipeline proximity to residential and other development,
appropriate nuisance and safety best management practices (BMPs) should be
considered as conditions of approval.
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b) Suggest operator be encouraged to thoughtfully plan the pipeline construction to
minimize night-time disturbance to nearby residences and to ensure area residents are
well informed about whom they may call at URSA if nuisance issues arise.
c) Also encourage thoughtful planning for the location of any pipeline maintenance
structures and pressure relief valves such that they do not create a long-term,
intermittent nuisance issue for nearby residents.
8. Colorado Parks and Wildlife, Scott Hoyer, District Wildlife Manager, Parachute: Noted that
the scope and actions of this project are addressed in the 2010 Wildlife Mitigation Plan
(WMP) between CPW and Ursa.
9. Battlement Mesa Oil and Gas Committee, Chuck Hall: Commented in support of the
installation indicating that it should reduce truck traffic.
III. STAFF COMMENTS AND ANALYSIS — PIPELINE REVIEW CRITERIA
The following excerpts are from Article 9, Section 9-104 Review Criteria for Pipeline Land Use
Change Permits.
9-104 REVIEW CRITERIA.
An application for a pipeline shall be approved, conditionally approved, or denied in accordance
Swith the following standards and criteria:
A. Located Along Perimeters.
As a general guide, rights-of-way and any associated facilities shall be located along the
perimeters of surface property ownerships and not within areas of agricultural crop production.
Nonperimeter locations will be acceptable if the surface owner agrees and there is no adverse
impact on adjacent properties.
Response: The pipeline alignment is
located primarily along County Road
alignments where possible and does
not cross any areas with active
agricultural crop production. The
alignment does run along the west and
south perimeter of the Valley View
Village neighborhood (a linear distance
of approximately 1,300 feet) along the
backyard lines of some 22 single-family
and multi -family dwelling units. It is
estimated to take approximately 3
weeks to construct this portion of the
• pipeline. Due to the close proximity
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with the homes in Valley View Village, Staff suggests the Operator construct that portion of the
pipeline using a more aggressive schedule in order to get beyond these properties more quickly.
Consider the comments provided by the County Oil & Gas Liaison:
a) Suggests that given the pipeline proximity to residential and other development,
appropriate nuisance and safety best management practices (BMPs) should be
considered as conditions of approval.
b) Suggest operator be encouraged to thoughtfully plan the pipeline construction to
minimize night-time disturbance to nearby residences and to ensure area residents are
well informed about whom they may call at URSA if nuisance issues arise.
c) Also encourage thoughtful planning for the location of any pipeline maintenance
structures and pressure relief valves such that they do not create a long-term,
intermittent nuisance issue for nearby residents.
B. Noise Abatement.
1. Any equipment used in construction or operation of a pipeline must comply with either
the COGCC Rules and Regulations in regards to noise abatement or C.R.S. Article 12 of Title 25,
as appropriate for the type of pipeline.
2. All power sources used in pipeline operations shall have electric motors or muffled
internal combustion engines.
Response: Compliance with COGCC rules regarding noise abatement shall be required as a
condition of approval. That COGCC Rule is Light Industrial Level measured at the nearest
building unit:
802(b)(1) Except as required pursuant to Rule 604.c.(2)A., operations involving pipeline or
gas facility installation or maintenance, the use of a drilling rig, completion rig, workover rig,
or stimulation is subject to the maximum permissible noise levels for industrial zones.
ZONE 7:00 am to next 7:00 7:00 pm to next 7:00
604(c)(2)(A) Noise. Operations involving pipeline or gas facility installation or maintenance, or
the use of a drilling rig, are subject to the maximum permissible noise levels for Light Industrial
Zones, as measured at the nearest Building Unit. Short-term increases shall be allowable as
described in 802.c. Stimulation or re -stimulation operations and Production Facilities are
governed by Rule 802.
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pin
am
Residential/Agricultural/Rural
55 db(A)
50 db(A)
Commercial
60 db(A)
55 db(A)
Light industrial
70 db(A)
65 db(A)
Industrial
80 db(A)
75 db(A)
604(c)(2)(A) Noise. Operations involving pipeline or gas facility installation or maintenance, or
the use of a drilling rig, are subject to the maximum permissible noise levels for Light Industrial
Zones, as measured at the nearest Building Unit. Short-term increases shall be allowable as
described in 802.c. Stimulation or re -stimulation operations and Production Facilities are
governed by Rule 802.
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. Once the pipeline is completed, it will comply with the Residential / Agricultural / Rural Zone in
the COGCC rules. The pipeline does not propose any compressor stations or pump stations along
the alignment. A condition should be added to require that any future pumping equipment
located along the alignment or within well pads serving the pipeline shall utilize electric motors
or muffled internal combustion engines. The Applicant's construction schedule anticipates work
Monday— Friday with the option for 7 days a week if necessary. While this schedule raises some
concerns regarding impacts on neighboring properties it is mitigated by the limitation of work
to daylight hours only.
The Planning Commission proposes the following Condition of Approval:
The construction of the Pipeline shall be limited to the hours of 7:OOAM to 7:00PM, Monday
through Saturday. If inclement weather conditions or field conditions require schedule
changes, construction may occur on Sundays to meet construction schedule. Ursa will notify
Garfield County and affected residents if Sunday work is necessary.
C. Visual Impact.
Pipeline operations shall be located in a manner to minimize their visual impact and disturbance
of the land surface.
Response: The pipeline construction is planned to utilize a maximum of a 50 ft. wide
• construction easement. The alignment follows existing disturbed and re -vegetated areas along
County Roads, private roads, and existing pipeline corridors. The plans propose three bores
under county roads to further minimize impacts. Compliance with the re -vegetation and weed
management plans shall be required by conditions of approval.
D. Access Points to Public Roads.
Access points to public roads shall be reviewed by the County Road and Bridge Department. All
access and oversize or overweight vehicle permits must be obtained from the County Road and
Bridge Department prior to beginning operation. All proposed transportation rights-of-way to
the site shall also be reviewed and approved by the County Road and Bridge Department to
minimize traffic hazards and adverse impacts on public roadways. Existing roads shall be used
to minimize land disturbance unless traffic safety, visual or noise concerns, or other adverse
surface impacts clearly dictate otherwise. Any new roads created as a result of the pipeline
construction, intended to be permanent for maintenance and repair operations, shall be placed
behind a locked gate or other barriers, preventing use by Recreational Vehicles. Any gates or
barriers need to be consistent with the surface owner's preferences.
Response: Compliance with Road and Bridge requirements including access permits, bore
permits, and Oversize/Overweight permits shall be required. Limited areas of new road
construction are proposed for the corridor as the primary access is by existing County Roads and
private ranch access roadways. Access and private roadways are addressed in the Surface Use
Agreements. Several gates limiting access are currently in place.
E. Air Contaminant Emissions.
Air contaminant emissions shall be in compliance with the applicable permit and control
provisions of the Colorado Air Pollution Prevention and Control Act, C.R.S., Title 25, Article 7.
Response: Referral comments from the CDPHE noted general information on CDPHE permitting
requirements. The Applicant shall be required to provide evidence of permitting with CDPHE if
required and ongoing compliance with any conditions of the permits. Current estimates are for
13 acres of disturbed area. Dust control plans and implementation of re -vegetation plans are
anticipated to minimize air quality impacts during construction.
F. Water Quality Control Standards.
All operations shall comply with all applicable CDPHE Water Quality Control Standards.
Response: The proposed pipeline is not located within the Parachute Watershed Protection
District and the Applicant has applied for a Town Watershed Permit. Issuance of the permit and
compliance with the terms of the permit should be required as a condition of the County
approvals. Water used for pressure testing will be properly disposed of pursuant to the
Applicant's representations. The Applicant has overall Stormwater Permitting in place with
CDPHE. The pipeline construction plans contain Best Management Practices to avoid impacts
to water quality during construction. Re -vegetation plans and site reclamation are designed to
avoid impacts on water quality. The Application contains a valid Stormwater Management Plan
• that contains a variety of BMPs that will be implemented in the construction of the pipeline.
The Sensitive Area Survey in the application prepared by WestWater Engineering indicates
potential conflicts with wetlands (particularly around the B pad location) and Waters of the US
for small drainage crossings along the proposed pipeline route. The report recommended
consultation with the US Corps of Engineers to determine in wetlands and Waters of the US are
present thereby require any permitting or avoidance action. This is suggested as a condition of
approval.
G. Reclamation Plan.
The proposed Reclamation Plan shall provide for a reasonable reclamation schedule in light of
the specific surface use and surrounding land uses, and may require recontouring and
revegetation of the surface to pre -disturbance conditions. The Director may also approve a plan
for an alternative post -disturbance reclamation, provided the surface owner and the Applicant
agree.
Response: The Application submittal contains reclamation and re -vegetation plans including
details on timing, interim reclamation, use of BMP's to avoid soil erosion, seed mix, final
reclamation, minimum vegetative cover, and soil treatment to avoid compaction. Pursuant to
referral comments from the Garfield County Vegetation Manager compliance with County
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Standards for re -vegetation shall be required along with security for re -vegetation at $32,500.
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The terms and conditions of the revegetation plan shall be considered conditions of approval.
H. Removal of Abandoned Pipeline.
Should an abandoned pipeline be removed, it will be subject to the original revegetation and
weed management requirements in the original application.
Response: Abandonment of the pipeline would be subject to COGCC Regulations. Should it be
removed current re -vegetation plans, standards, and representations along with the provision
of appropriate security shall apply.
IV. STAFF ANALYSIS — SPECIAL USE PERMIT CRITERIA
The Special Use Permit Criteria from the Garfield County Zoning Resolution of 1978 are outlined
below.
(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.
Response: Short term demand for potable water and sanitation facilities during construction will
be provided by portable facilities typical for construction projects and in compliance with OSHA
requirements. No long term facilities will be required for operation of the pipeline. Battlement
Mesa Metropolitan District will provide non -potable water for the pressure testing of the lines
as evidenced by their contract.
(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.
Response: The Applicant has provided a traffic assessment that addresses adequacy of access
and any impacts on adjacent County Roads. The report includes estimates on traffic generation,
timelines for when it will be generated, and types of vehicles. The report concludes that "... the
increase traffic during construction of the proposed pipeline is not expected to be significant on
roads generally used by the public" and that the pipeline construction traffic does not increase
existing volumes to levels required for State or County permits. An excerpt from the Traffic
Report showing estimated traffic generation is shown below.
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Table 3: Construction Traffic Proiections
Roadway
Bkgd.
Traffic
Maximum Daily
Construction Traffic
Percent
Increase
Total 18 Week
Construction Traffic
CR 215
720
12
2%
840
CR 30OW
4770
16
<1 %
570
CR 30ON
6840
12
<1 %
420
CR 300E
670
12
2%
420
CR 300
500
20
4%
310
CR 3000
240
20
8%
310
CR 302
120
20
17%
730
CR 303
470
20
4%
310
CR 307
270
16
6%
200
CR 308
360
20
6%
730
The report indicates that most intersections will be adequate while noting a sight distance
concern at the County Road 308 and East Valley Road (County Road 300E) intersection. A
condition of approval should require coordination with the County Road and Bridge Department
regarding any needed sight distance improvements such as vegetation removal that may be
required at that location.
(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.
Response: Mitigation of impacts are addressed in the Application submittals reflecting day light
hours for construction, no lighting, noise compliance, and no long term compression or pump
stations located on the alignment. Limiting construction to six days a week is recommended by
staff with allowance for the applicant to request construction on Sundays subject to approval by
the Board of County Commissioners at a public meeting. Due to the temporary nature of the
construction impacts no screening is proposed. The use of boring in key sections and the
alignment itself minimizes impacts along with a short total construction timeline.
Section 5.03
(1) The applicant for a permit for industrial operations shall prepare and submit to the
Planning Director two (2) copies of an impact statement on the proposed use prescribing its
location, scope, design and construction schedule, including an explanation of its operational
characteristics. The impact statement shall show that the use shall be designed and operated
in compliance with all applicable laws and regulations of the County, State and Federal
Governments, and will not have a significant adverse effect upon:
(a) Existing lawful use of water through depletion or pollution of surface run-off, stream flow
or ground water;
(b) Use of adjacent land through generation of vapor, dust, smoke, noise, glare or vibration,
or other emanations;
(c) Wildlife and domestic animals through creation of hazardous attractions, alteration of
existing native vegetation, blockade of migration routes, use patterns or other
disruptions;
Response: The Application contains an adequate Stormwater Management Plan; however, given
the proximity to potential wetlands and potential waters of the US, consultation with the US
Corps of Engineers was conducted and a Nationwide Permit 12 is required. Ursa delivered this
information (Exhibit UUUU) to the County on December 4, 2015 in response to an existing
condition of approval #4 which is: "Prior to construction, the Applicant shall provide copies of
any permits required by the Army Corps of Engineers." Staff recommends keeping the condition
as proposed.
There will be limited dust generation possible vibration could occur from heavy machinery from
the installation of the pipeline. This activity is expected to be very short in duration and a dust
mitigation plan is contained that shall be implemented as a condition of approval. There are
limited and temporary impacts to wildlife; however, the Colorado Parks and Wildlife has entered
into a management plan with Ursa to manage these short term impacts.
(2) Truck and automobile traffic to and from such uses shall not create hazards or nuisance to
areas elsewhere in the County;
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Response: As mentioned above, the Applicant has provided a traffic assessment that addresses
adequacy of access and any impacts on adjacent County Roads. The report includes estimates
on traffic generation, timelines for when it will be generated, and types of vehicles. The report
concludes that "... the increase traffic during construction of the proposed pipeline is not
expected to be significant on roads generally used by the public" and that the pipeline
construction traffic does not increase existing volumes to levels required for State or County
permits. The report indicates that most intersections will be adequate while noting a sight
distance concern at the County Road 308 and East Valley Road (County Road 300E) intersection.
Once constructed, there will be virtually no traffic associated with the pipeline. A main desire
for the pipeline is to eliminate traffic on the road.
(3) Sufficient distances shall separate such use from abutting property which might otherwise be
damaged by operations of the proposed uses;
Response: As noted earlier, the pipeline construction will occur over an aggressive 18 week
duration. However, the alignment does run along the west and south perimeter of the Valley
View Village neighborhood (a linear distance of approximately 1,300 feet) along the backyard
lines of some 22 single-family and multi -family dwelling units. This is the section that is the
closest to any residential uses and is expect to take approximately 21 days along the Valley View
Village neighborhood. While short in duration along this section, there will be noise, dust and
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possibly fume impacts associated with the construction. Once the pipeline is completed, these
impacts will discontinue for the life of the pipeline. It is suggested the Operator meet with these
residents of Valley View Village prior and during construction to inform them of their plans,
timing, and what to expect during the construction portion adjacent to their homes. This may
include a website so that residents can monitor progress on a daily basis.
(4) At the discretion of the County Commissioners additional information supplementing the
impact statement may be required. Such request for additional information shall be in
writing and shall be given to the applicant not later than forty-five (45) days after the filing
of the impact statement.
(5) Permits shall be granted for those uses only with the provisions that a satisfactory
rehabilitation plan for the affected land be submitted prior to commencement of such use;
(a) The plan for site rehabilitation shall be submitted to the Planning Director with
the impact statement, and 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, or bond, or 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:
Response: The Application submittal contains reclamation and re -vegetation plans including
details on timing, interim reclamation, use of BMP's to avoid soil erosion, seed mix, final
reclamation, minimum vegetative cover, and soil treatment to avoid compaction. Pursuant to
referral comments from the Garfield County Vegetation Manager compliance with County
Standards for re -vegetation shall be required along with security for re -vegetation at $32,500.
The terms and conditions of the revegetation plan shall be considered conditions of approval.
Section 5.03.08
Industrial Performance Standards: All industrial operations in Garfield 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
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• the boundaries of the property in which such uses are located, in accord with the
following standards:
(1) Volume of the sound generated: every use shall be so operated that the volume of
sound inherently and recurrently generated does not exceed ninety (90) decibles, with a
maximum increase of five (5) decibles permitted for a maximum of fifteen (15) minutes in
any one hour, at any point of any boundary line of the property on which the use is
located.
(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 so 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 land fill, 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 Fire Code;
(b) At the discretion of the County Commissioners all outdoor storage facilities for
fuel, raw materials and products shall be enclosed by a fence 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) All materials or wastes which might constitute afire hazard or which may be
edible by or otherwise be attractive to rodents or insects shall be stored outdoors in
accordance with applicable State Board of Health Regulations:
(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
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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.
Response: These regulations listed above are performance regulations which means they will
apply as conditions as long as the use is operating. Note, volume of sound is regulated by
COGCC 800 Series which differs from Section 5.03.08(1) above.
V. COMPREHENSIVE PLAN 2030
Response: The Garfield County Comprehensive Plan 2030, as amended, identifies the
Battlement Mesa PUD as an "unincorporated community' which is further defined as self-
contained subdivisions that contain town and neighborhood centers primarily to serve their
own populations. Their infrastructure and certain governmental functions are provided by one
or more special districts. Compatible zoning is identifies as residential urban, commercial
limited, commercial general, and planned unit development. Battlement Mesa PUD was a
fundamental example when this designation was crafted. The elements of the Plan that are the
most germane to this application include 1) economy, employment and tourism, 2) natural
resources, and 3) mineral extraction. Staff finds that the development of the pipeline is in
general conformance with the County's Comprehensive Plan demonstrated by the following
policies, goals and vision contained within the plan so long as adequate mitigations can be
properly implemented to minimize adverse impacts:
Economy, Employment and Tourism:
Goal: Maintain a strong and diverse economic base (for both employment and income generation).
Policy: Garfield County will encourage the development of a diversified industrial base recognizing
physical location -to market capabilities of the community, and the social and environmental
impacts of industrial uses.
Strategy & Action: Ensure that commercial/industrial developments are compatible with
adjacent land uses and preserve the visual quality of the county.
Natural Resources
Goal: Ensure that natural, scenic, ecological, and critical wildlife habitat resources are protected
and/or impacts mitigated.
Ensure the appropriate reclamation of land after extraction processes.
Mineral Extraction
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Vision: Resource extraction, including oil and gas development, has been encouraged to remain in the
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county due to their contribution they make to the county's overall goal of having a diverse and
stable economy. While resource industries are welcomed in the county, they have been
expected to fairly mitigate negative impacts that might have resulted due to their operations.
Goals: Ensure that mineral extraction is regulated appropriately to promote responsible development
and provide benefit to the general public.
Ensure that mineral extraction activities mitigate their effects on the natural environment,
including air quality, water quality, wildlife habitat or important visual resources.
In working with mineral extraction projects, the county will protect the public health, safety
and welfare of its citizens.
Policies: Garfield County recognizes that surface and mineral owners have certain legal rights
and privileges, including the right to extract and develop these interests. Private property
owners also have certain legal rights and privileges, including the right to have the
mineral estate developed in a reasonable manner and to have adverse impacts
mitigated. The property rights of mineral lessees must be balanced with the rights of
private property owners and the general public.
Mineral resource extraction activities will protect critical wildlife habitat as identified
by state and federal agencies. Development within these designations that cannot be
designed, constructed and conducted so as to have a minimum adverse impact upon
such habitat or these wildlife species, shall be discouraged.
VI. BATTLEMENT MESA HEALTH IMPACT ANALYSIS
In 2009, the Garfield County Board of County Commissioners commissioned the Colorado School
of Public Health (CSPH) to conduct a Health Impact Assessment (HIA) in order to address citizen
concerns about health impacts of natural gas development and production in the Battlement
Mesa Planned Unit Development (PUD). The HIA scope of work was informed by citizen concerns
and was limited to Battlement Mesa. The HIA process included stakeholder participation and
review. The two primary functions of the HIA are to:
1) Identify ways in which Antero's proposed natural gas development project can affect
the health of the Battlement Mesa residents; and
2) Develop a priority list of recommendations to minimize the potential health impacts of
Antero's proposed project.
A 2nd draft was completed in 2011; however, the Board of County Commissioners voted not to
extend a contract with the University of Colorado School of Public Health to produce a final
report for the Battlement Mesa Health Impact Assessment. At the time the contract was ended,
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the BOCC did acknowledge their intent to use the document at the time an application to drill
in Battement Mesa was submitted to the County.
Staff has requested the Applicant to respond directly to the some 70+ recommendations
suggested in the HIA for the benefit of the decision makers; however, the required land use
review in this memorandum is focused solely on the rules and regulations adopted and required
by the BOCC. Although not legally required, the Applicant has addressed portions of the HIA in
depth at their numerous community outreach meetings as well as produced a complete
spreadsheet (Exhibit TT) that specifically addresses each of the HIA recommendations as a
courtesy to this discussion and the Board of County Commissioners. Again, while the HIA is not
a legally binding document and does not contain any rules or regulations adopted by the BOCC,
Staff has identified the suggested COAs here for consideration.
1. Install a fully functional water storage facility and pipeline network before any
development of well pads in the Battlement Mesa.
2. Conduct monthly inspection of water and gas pipeline for leaks to prevent water and soil
pollution and that the results of the inspections be posted on the Garfield County Website.
3. Notify the sheriff and fire department one week prior to well drilling, hydraulic fracturing,
flow back, and pipeline pigging activities.
4. Adhere to its best management practices for pipelines and all COGCC rules throughout the
life of the project as a condition of the special use permit.
5. Require all gas pipelines to follow established truck haul routes and allow no gas pipelines
through the center of the PUD.
6. Assign a County inspector to oversee and inspect all pipeline construction and maintenance
in the PUD.
VII. SUGGESTED FINDINGS
1. That proper public notice was provided as required for the hearing before the Planning
Commission and Board of County Commissioners.
2. The hearing was extensive and complete, that all pertinent facts, matters and issues
were submitted and that all interested parties were heard at the meeting.
3. For the above stated and other reasons, the proposed Special Use Permit and Pipeline
Land Use Change Permit is in the best interest of the health, safety, convenience, order,
prosperity and welfare of the citizens of Garfield County.
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4. That with the adoption of conditions, the application is in general conformance with the
2030 Comprehensive Plan, as amended.
5. That with the adoptions of conditions and the application has adequately met the
Pipeline Review Criteria contained in Section 9-104 of the Land Use and Development
Code, as amended and the Special Use Permit Criteria contained in the Garfield County
Land Use Resolution of 1978 as amended.
VIII. PLANNING COMMISSION RECOMMENDATION
On October 28, 2015, the Planning Commission forwarded a recommendation of approval to
the Board of County Commissions (by a vote of 6 to 1) for the proposed Special Use Permit for
a Pipeline with the following suggested findings and conditions.
1. That all representations of the Applicant, either in testimony or the submitted application
materials, shall be considered conditions of approval unless specifically altered by the Board
of County Commissioners.
2. That the Pipeline shall be operated in accordance with all applicable Federal, State and local
regulations governing the operation of this type of facility.
3. Prior to issuance of the Special Use Permit, the Applicant shall provide additional operational
procedures for monitoring protocol for the pipeline for leak or spill detection. Said
procedures will be included in the Emergency Response Plan or as an addendum to said plan.
The Applicant shall comply with all provisions of the SPCC Plan including spill response and
clean-up.
4. Prior to construction, the Applicant shall provide copies of any permits required by the Army
Corps of Engineers.
5. Prior to issuance of the Special Use Permit, the Applicant shall provide security in a form
acceptable to the County Attorney's Office in the amount of $32,500 for re -vegetation. The
Applicant shall comply with the representations in their Weed Management Plan and shall
comply with the Reclamation Standards contained in the Garfield County Weed
Management Plan as noted in the referral comments from the County Vegetation Manager
dated September 11, 2015.
6. Prior to initiating construction the Applicant shall obtain all required permits from the Road
and Bridge Department including but not limited to permits for boring, road cuts, overweight
or oversize vehicles, temporary access, and grading within the right-of-way. Compliance
with all conditions of the Road and Bridge permits shall be required. The Applicant shall be
responsible for repair of any damage to roadways or curbs.
7. Prior to initiating construction the Applicant shall submit for approval by the Road and Bridge
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Supervisor traffic control plans including areas adjacent to the County Road Right of Way,
construction access points, proposed bore locations and potential road cuts or the Applicant
can demonstrate that traffic control plans are addressed in the applicable Road and Bridge
Permits.
8. The Applicant shall coordinate with the County Road and Bridge Department during
construction including field inspections as needed to ensure that minimum pipeline depths
are maintained and to ensure construction is done in a manner that maintains current
drainage along County Roads and avoids conflicts with future drainage. The Applicant shall
install posts/markers along key sections of the pipeline indicating depth to the pipeline.
Maintaining drainage shall be the responsibility of the pipeline operator subject to approval
by the Road and Bridge Supervisor.
9. The pipeline shall maintain compliance with CDPHE Storm Water Management Permits,
Drainage and Soil Erosion Protection, BMP's, Reclamation and Re -vegetation Plans, and
Weed Management Plans.
10. The Applicant shall comply with all COGCC rules and regulations regarding the pipeline
facility including but not limited to reclamation and decommissioning.
11. The Applicant shall maintain compliance with COGCC Rules and Regulations in regards to
noise abatement and C.R.S. Article 12 of Title 25, noise standards as appropriate. Any
pumping stations required for operation of the pipeline shall utilize electric pumps or
muffled internal combustion motors.
12. The Applicant shall maintain all required CDPHE permits for the facility including any
applicable air quality APEN permits.
13. The Applicant shall comply with the Battlement Mesa Wildlife Mitigation Plan - Agreement
between Ursa Operating Company and CPW including any wildlife protection or mitigation
requirements. The Applicant shall comply with recommendations of the Sensitive Areas
Survey completed by WestWater Engineering Inc. dated June 2015, including but not limited
to weed management, re -vegetation, avoiding construction during nesting seasons, and
temporary safety fencing for open trenches as needed.
14. In accordance with Section 9-103 (J), upon completion of the pipeline the Applicant shall
submit an engineer's statement certifying compliance with the conditions of the Land Use
Change Permit and a digital copy of the surveyed pipeline as built.
15. Potable water and sanitation shall be addressed during construction by provision of portable
facilities in compliance with OSHA requirements.
016. The Operator shall commit to ensuring truckloads of dirt, sand, aggregate materials, drilling
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cuttings, and similar materials are covered to reduce dust and PM emissions during
transport.
17. The construction of the Pipeline shall be limited to the hours of 7:OOAM to 7:OOPM, Monday
through Saturday. If inclement weather conditions or field conditions require schedule
changes, construction may occur on Sundays to meet construction schedule. Ursa will notify
Garfield County and affected residents if Sunday work is necessary.
18. All extraction and processing activities shall be required to comply with the following
performance standards:
(1) Volume of the sound generated: The noise shall be required to meet the
standards in COGCC Rule 800 Series.
(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 so 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 the 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 land -fill, 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 Fire Code;
(b) At the discretion of the County Commissioners all outdoor storage facilities
for fuel, raw materials and products shall be enclosed by a fence or wall adequate
to conceal such facilities from adjacent property;
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e (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 reasonable
foreseeable natural causes or forces;
(d) All materials or wastes which might constitute a fire hazard or which may be
edible by or otherwise be attractive to rodents or insects shall be stored outdoors
in accordance with applicable State Board of Health Regulation;
(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.
19. The Operator shall provide information to the residents of Valley View Village prior and
during construction to inform them of their plans, timing, and what to expect during the
construction portion adjacent to their homes. More specifically, the Operator shall meet
with HOA Presidents or appropriate neighborhood representatives.
20. Prior to the issuance of a Special Use Permit, the Applicant shall address the comments
prepared by Garfield County Consulting Engineer, Chris Hale, Mountain Cross Engineering:
a) The Applicant should include fittings or transition necessary to transition from
a 12" pipe to a 16" pipe at station 47+00.
b) There are two horizontal bends proposed in an area of pipeline that is proposed
to be bored beneath Stone Quarry Road, station 59+37 to station 61+87. The
Applicant should discuss the feasibility of constructing 452 and 872 bends in
borings.
c) The Applicant should provide a detail for the proposed valve sets.
d) The typical trench section should be revised to match the Garfield County
conditions for pipeline installations. The note on the cover should be revised
to reference these conditions also.
21. The "Integrated Vegetation and Noxious Weed Management Plan" prepared by West
Water Engineering identified locations along the pipeline that had riparian areas and
wetlands. The Applicant should identify if any permitting was obtained and/or necessary
and the mitigation that was implemented. Specific construction mitigation necessary
should be included on the plan sheets.
22. Applicant agrees and commits to a three year time frame for Phase I activities which
includes placing up to 53 wells into full production. This time frame will commence at the
start of construction of either Phase I well pads or pipeline.
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• IX. RECOMMENDED MOTION
"I will make a motion to approve the Special Use Permit Application forthe Ursa natural gas and
water pipeline with the specific findings and conditions as contained herein."
n
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