HomeMy WebLinkAboutNOD letter with exhibits 4.07.09Plalillilig O}}ice -Rifle Airpor' Ad",illist rative Blli/dillg OJ7j COllllt)' Roac! 3j2 -/lli i/dilig 112060 (970) 625-j9OJ .6 April 7th, 2009 Jimmy Smith, Representative Wagon Wheel
Consulting, Inc. 111 East 3'd Street, Suite 213 RIFLE CO 81650 ld Co BUILDING & PLANNING DEPARTMENT Subject: Administrative Pipeline Permit Application for ETC Canyon Pipeline (PDP17808)
'Beaver Creek' Dear Mr. Smith, Upon review, the Application was deemed technically complete on December 31,2008 and has been reviewed against the submittal requirements required in Resolution
2005 -53 and required in Section 9.07 of the Zoning Resolution of 1978. as amended. The application has been modified to remove the portion of the project that was to relocate CR317;
the application has been allowed to proceed without re-submittal as this modification was deemed by the Planning Director as not presenting a 'substantial change' to the project application.
Due to last minute changes to satisfy a watershed permit requirement this permit shall issue no earlier than Aprilih, 2009, with a 14-day 'call up' period to follow. This letter shall
constitute Garfield County's review of the project. I. Project Overview (General Location and Extent) This project is for the construction and installation of 2.6 miles of 16-inch and
4-inch diameter, buried within a common trench, steel, natural gas and water pipelines and related facilities. The pipelines begin at an existing 12" pipeline interconnect located in
Section 1, Township 7S, Range 94W and terminates at the southern boundary of property owned by laramie Energy II located in Section 24, Township 7S, Range 94W. The proposed natural gas
pipeline is designed to gather and transport -45 million to 100 million standard cubic feet per day and will provide adequate capacity to handle future production development without
the need for pipeline looping. The actual gas volumes will be dependent upon available produced gas and operating pressures. The proposed pipeline will interconnect with ETC's existing
pipeline system which currently carries gas produced from area operators. Of the total 2.6 miles of pipelines, approximately 0.1 miles will be installed on BlM lands. The remaining 2.5
miles will be installed within rights-of-ways acquired from private landowners. A road shall be built to GarCo standards and conveyed to the 108 Eighth Street, Suite 401' Glenwood Springs,
CO 81601 (970) 945-8212' (970) 285-7972 ' Fax: (970) 384-3470
County, at which time the land in which the pipeline is interred shall become an easement in the County right-of-way. Construction will occur with one construction spread and is scheduled
to start in the earliest possible approval date. The completion of construction is anticipated to end 4 weeks following commencement of work. The pipeline will reside entirely in Garfield
County. The steel water pipeline will allow for the transfer of produced water from the well sites to a central point, which will reduce the need for truck hauling, particularly during
the winter months. Automated controls and valves will be installed to immediately isolate the pipelines in the event of a breach in any section of the pipeline. The pipelines will be
pressure tested and all welds will be X-rayed to insure the integrity of the lines. ETC Canyon Pipeline, LLC has requested a 30ft permanent ROW width along with an additional 30ft of
temporary construction ROW. The pipelines will be installed within the proposed private lease road to be constructed by Laramie Energy II. ROW agreements have been obtained from the
private landowners for the pipelines. The pipelines will be installed at an appropriate depth to allow for potential future road upgrades. No staging areas will be required for the construction
of the pipelines. The pipelines will be operated on a year-round basis. The proposed right-of-way widths vary during construction but result in a 30' permanent easement once constructed.
The proposed pipelines will reside within the City of Rifle Beaver Creek Watershed . A watershed permit with conditions has been approved by the Town Council of the City of Rifle (Permit
#3-08).
II. Surface Ownership The pipeline crosses private fee lands (listed north to south). The following is a list of ownership, with the related permissions by agreement in parentheses.
(The numbers correspond to the maps below, depicting ownership and pipeline corridor, the boxes are meant to highlight ownership and do not reflect the true parcel boundaries.) 1. Bureau
of Land Management-temporary & permanent pipeline easement) 2. Youberg (temporary & permanent pipeline easement) 3. Mandich (temporary & permanent pipeline easement) 4. Leverich (temporary
& permanent pipeline easement) 5. Laramie Energy II (temporary & permanent pipeline easement) . \ '. . '. 4 \ . , ~ ~~~\ r-) \". ~c :, ! • '. , I III. Road Cuts I Access ITraffic The
pipeline route will access Garfield County Road 317. As this pipeline will ultimately rest in an easement in a newly created road right-of-way conveyed to Garfield County, a new review
related to road cuts, etc. will be required. As a condition of approval, engineering design shall meet the Garfield County requirements to the satisfaction of Garfield County Engineering,
the Project Engineer and Road & Bridge Departments, and shall have satisfactory financial security and grading permits for construction inside and out of the Garfield County right-of-way.
IV. Staging Areas There are no staging areas being requested; work will be staged in the right-of-way. V. Sensitive Species a. Plants A sensitive species study was performed in April
of 2008 and revealed that no TESS plants were observed in the field study, and no habitat suitable for the several species
listed by BLM is located in the location of the proposed pipeline alignment. No Federal or State-listed species were noted. b. Wildlife-Birds Regarding wildlife, no federally Threatened
or Endangered (T & E) species were identified in the corridor. No known raptor nests are located near the pipeline project area. c. Fish No fish species studies were found to be affected
by this project. Recommendations for the control of sediment that might make its way into Beaver Creek is part of the erosion management plan's objectives. b. Wildlife-Animals Regarding
wildlife, no federally Threatened or Endangered (T & E) species were identified in the corridor, but the project area is located adjacent to the USDA-Forest Service lands that are included
as part of the Battlement Lynx Analysis Unit (LAU). The purpose of a LAU is to identify and analyze an area as a fundamental or smallest size area for evaluation/monitoring the effects
of management actions on lynx habitat. Mapped 'other' lynx habitat occurs within 500 meters of the project area boundary, very small areas of mapped 'denning/winter' habitat is within
approximately 600 meters of the project area, and within 1 km, mapped 'winter habitat' occurs. In between those previously mentioned 'mapped areas' and the project location are areas
of 'unsuitable habitat' comprised of oak brush, rather than mature spruce-fir forests. (Furthermore, oak brush is the plant climax community in this location.) The original wildlife
report stated that the project area paralleled the Battlement LAU, with no habitat deemed 'critical to the survival of lynx' would be affected by the project, as the construction of
pipeline is to follow Garfield County Road 317, an area of previously disturbed ground that would not cause conditions that adversely affect lynx to take place, namely, increased access
for recreation, or increased snow compaction. The factors of the pipeline placement (existing disturbed area), lack of identified critical habitat and the construction schedule makes
for a 'no negative effect on Canada lynx' conclusion. In a recent letter, it has been reported that the boundaries of the Battlement LAU have been revised, so that there is now no relationship
between the Battlement LAU and this project. The area is identified by the Colorado Division of Wildlife (DOW) as containing overall range for wild turkey, black bear, elk and mule deer.
It is identified as a summer concentration area for elk. While it is not specifically identified as a production area for any of these species, the proposed construction schedule and
conclusion of the build within 4 weeks should allow the project to be completed prior to fawning/calving/nesting periods. Measures to prevent attracting bears to the site shall be a
condition of approval as females with young cubs may be in the area.
VI. Livestock The Applicant's 'Plan of Development 4.3.9 Livestock Barrier and Other Livestock Issues' has proposed that Wagon Wheel Consulting will ensure that livestock barriers are
in place where pipeline construction has created possible problems, or temporary changes to enclosures. It also states that the Contractor will repair all damages to livestock fencing
to the landowner's satisfaction. VII. Cultural Resources A Class I Cultural Resource Inventory was performed in April of 2008. No significant resources were recorded within 100 meters
of the proposed pipeline. The report identified 4 new sites, all historic era road segments or ditches, and several isolated finds. All the sites located were labeled as 'not eligible
for inclusion on the National Register of Historic Places', and no further archaeological work is recommended. VIII. Referral Comments Staff referred the Application to the following
Agencies I Departments whose comments are included here for review, and attached to this letter as is required by Resolution 2005 -53: A. Garfield County Road and Bridge Department:
Garfield County Road & Bridge Department has no objections to this application with the following comments. • Driveway access permits have been issued for ETC Canyon Gas to access from
Cr. 317 to the location to build the private road that will include the pipeline route. Other permitls for using Cr. 317 will be issued after approval of the pipeline application with
conditions specific to the location and type of permit issued. • Signage will be posted stating the new road will be private and not open to public access. Signage will be posted alerting
the traveling public that work is being performed on Cr. 317 on the north and south ends of the new road where it enters Cr. 317. A stop sign will be installed on the north and south
ends of the new road where it enters Cr. 317. The signs and installation shall be as required in the MUTCD (Manual on Uniform Traffic Control Devices). The stop signs shall be 30-inch
size signs. • A stop sign will be installed on the north and south ends of the new road where it enters Cr. 317. The signs and installation shall be as required in the MUTCD (Manual
on Uniform Traffic Control Devices). The stop signs shall be 30-inch size signs. • All vehicles hauling equipment and materials for this application shall abide by Garfield County's
oversize/overweight system. All vehicles requiring an oversize/overweight permit shall have on file a letter from ETC Canyon Pipelines, LLC stating such vehicles can obtain oversize/overweight
permits under their road bond on file with Garfield
County Road & Bridge Department. These must be picked up at the Road & Bridge Office. B. County Project Engineer: Regarding the Beaver Creek pipeline and the relocation of the county
road . .. No Grading Permit Required: They will not need a grading permit since (1) the land disturbance in the R. O. W is under the purview of the County Engineering office and (2)
land disturbance NOT in the ROW is approved under as part of the Pipeline Development Plan. (Of course, this assumes the road construction doesn't disturb land outside the ROW) Possible
Additional Permits: If they are working in a floodplain they might need a Countv Floodplain Permit. (/don't think this is the case.) County Engineer Responsible for Projects in County
R. O. w.: Besides the land use application, I have not seen any drawings for the proposed road. Jeff and Randy (of the County Engineering office) take responsibility for construction
in the County R. O. W As Planning Department Project Engineer, I will work through Dusty to review the engineering part of the land use approval (outside the R.O. W). C. County Vegetation
Management Director: Thanks for the opportunity to comment on this permit. My comments are as follows: Noxious Weeds Weed Management The weed inventory and weed management plan is acceptable.
The applicant is encouraged to follow the weed management plan as outlined by Wildlife Specialties. The weed management plan recommends the treatment of all county listed noxious weed
species and also the treatment of scentless chamomile (Matricaria perforata). Chamomile is not listed on the county's list but is on the state's list and we concur with the recommendation
to treat this weed. Revegetation Revegetation Plan The revegetation plan is acceptable. All seed tags must be saved and made available to the Vegetation Management Department for verification.
Revegetation Security • Pipeline The applicant has quantified the area of disturbance on private land as 18.87 acres. We recommend a $2500 per acre security for
disturbances on private land. This would come to $47,175. The security shall be held by Garfield County until vegetation has been successfully reestablished 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. D. Town of Rifle: Previously, watershed permit 3-08 was issued by their Planning Department, its conditions modified by the following letter: Thank
you for your referral of the ETC Canyon Pipeline, LLC application to the City of Rifle. ETC Canyon Pipeline, LLC has obtained Watershed District Permit No. 3-08 from the City of Rifle.
The permit covers construction of a gas pipeline, water pipeline and a road (relocation of County Road 317) all within the same right-of-way. The City Council issued Permit No. 3-08
expressly contingent upon the representation that CR 317 would be relocated as part of the project. Because the road is no longer part of the project and it only consists of the pipelines,
ETC CANNOT PROCEED UNDER PERMIT NO. 3-08 WITH THE CURRENT APPLICA TlON AND IT MUST RESUBMIT A NEW WA TERSHED DISTRICT PERMIT APPLICA TlON TO THE CITY AND HA VE IT APPROVED BY THE CITY
COUNCIL BEFORE PROCEEDING WITH THE REVISED PROJECT. As mentioned the City supports the project with the relocation of CR 317 along the pipeline corridor. It is unclear to the City why
the road relocation is no longer part of the project after such plan was given a green light by the County in numerous meetings with all concemed parties and in a City of Rifle public
hearing. The County Attomey, Road and Bridge District Foreman and Director, Commissioner McGowan, City of Rifle, and the property owners all participated in numerous meetings and were
in agreement with the plan. The relocation of CR 317 is a win-win project as it moves the road away from Beaver Creek, provides sun exposure for all season use and provides an adequate
driving surface width and right of way not obtainable in the existing alignment. The City recommends that the County require the CR 317 relocation as a part of this project consistent
with its representations in meetings including a Rifle City Council public hearing on this matter. The altemative route for the gas industry traffic needs to be constructed as soon as
possible, so we hope this project retums to its original plan. If the County, the City, ETC, Laramie Energy (which will utilize the pipelines and has a separate Watershed Permit conditioned
on the road relocation), and affected landowners need to get together for a meeting, the City would be happy to
initiate that. Recent dialogue between the Garfield County Attorney's Office, Applicant ETC Pipeline, Laramie Energy II, and the City of Rifle has resulted in the following email (4/1/09)
from the City of Rifle Attorney to honor watershed permit 3-08, with conditions: Dusty, As you know, we represent the City of Rifle. I appreciate the County's willingness to meet yesterday
with ETC Canyon Pipeline and Laramie Energy regarding the relocation of a portion of County Road 317 (Beaver Creek Road) away from Beaver Creek. The relocation of this road will benefit
all parties greatly by eliminating truck traffic related to natural gas activities adjacent to Beaver Creek which feeds directly into the City of Rifle's potable water intake and the
County will receive a much better road in a more sustainable right-of-way. The City of Rifle issued Watershed District Permit No. 3-08 to ETC for the construction of a natural gas pipeline
and the relocation of Beaver Creek Road. ETC has recently modified its application with the County to include only the construction of the pipeline. The City commented on this application
last week indicating that this change by ETC requires an amendment to its Watershed District Permit and requested that the County make such amendment a condition of County approval.
In our meeting, we learned that Laramie Energy will be the party relocating Beaver Creek Road once it agrees to the conditions required by the County for such a project. So long as Beaver
Creek Road is relocated simultaneously with ETC's pipeline project, the City will not require an amendment to Permit No. 3-08 issued to ETC. Therefore. it is highly likely the City will
inform you that it waives such condition; however, we need to first ensure Laramie agrees to the County's conditions related to the relocation of Beaver Creek Road and its dedication
to the County, which Laramie indicates it will do shortly. Again, thank you for your cooperation and your willingness to keep this win-win project on track. Jim *********************************
James S. Neu, Leavenworth & Karp, P.C., 20114th Street, Suite 200 P.O. Drawer 2030 Glenwood Springs, Colorado 81602 An agreement is underway between the Garfield County Attorney's Office
and Laramie Energy II for the relocation/conveyance of the segment of CR 317 that will be relocated. A condition of approval shall be that ETC shall amend watershed permit 3-08 unless
the simultaneous relocation of the segment of CR 317 occurs with the construction of the pipeline.
E. Revised Referral documents: City of Rifle F. Revised Referral documents: Wildlife Specialties No comments were received: County Oil & Gas Liaison: Grand Valley Fire Protection District:
No comments were received. IX. Citizen Comments Verbal comments were given on 3/20109 by Terry Broughton, 'a resident of Taughenbaugh Mesa for 64 years'. He expressed concern about effects
to springs along the Beaver Creek drainage and regretted that the road was not going to be relocated out of the creek bottom as a part of this action. He was encouraged by this Planner
to write a letter expressing his sentiments, but to date no written comment has been received. X. SUMMARY OF REVIEW The 2.6 mile pipeline corridor will be located outside of an existing
roadway right-of-way and may result in new cuts 1 land disturbance that will be addressed with permit requirements that are listed as conditions. The proposal has met or can meet (with
conditions) all the zoning requirements for this pipeline. Therefore, upon substantive review of the documents submitted against the required standards and criteria in Section 9.07.06,
Staff has made a determination of Approval with Conditions for the "ETC Beaver Creek Pipeline Development Plan". The specific conditions include the following: 1. Any equipment used
in construction or operation of a pipeline must 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, noncontrasting, non-reflective color, to blend with the adjacent landscape. Right-ofway shall be located
in existing disturbed areas unless safety or visual concerns or other adverse surface impacts clearly dictate otherwise. 3. 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. 4. All operations shall comply with all applicable Federal and State
Public Health and Environment, Noise, and Air and Water Quality Control standards, and so that 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.
5. The use of the carpools to transport employees to the work area by multipassenger vehicles is a benefit to all users of County Road 317 and other roads that will be used by this application
both by reducing traffic and impacts to the road system. 6. Traffic control plans shall be submitted to Road & Bridge to meet their requirements. 7. All vehicles working within Garfield
County Rights-of-Way will be licensed and registered in the State of Colorado. All vehicles hauling equipment and materials for the pipeline construction will abide by Garfield County
Road & Bridge Departments oversize/overweight regulations. All vehicles requiring an oversize/overweight permit will send a letter showing proof that they can operate under a known bond
holder on file with Garfield County Road & Bridge Department before a permit will be issued. 8. ETC Pipeline must amend City of Rifle Watershed Permit No. 3-08 if Beaver Creek Road,
aka CR 317, is not relocated by Laramie Energy /I simultaneously with the construction of the pipeline. 9. Engineering design shall meet the Garfield County requirements to the satisfaction
of Garfield County Engineering, the Project Engineer and Road & Bridge Departments, and shall have satisfactory financial security and grading permits for construction inside and out
of the Garfield County right-of-way. 10. 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. 11. In no case shall an operator engage in activities which adversely affect Federal or State threatened and endangered species. 12. Actions to mitigate
adverse wildlife impacts shall be taken that include: a. requiring construction and service vehicle drivers to maintain modest speeds to avoid striking wildlife, b. preventing sediment
from entering Beaver Creek as a result of both pipeline construction and operations afterward, c. keeping construction areas free of waste and food debris that would serve to attract
bears, coyotes and other animals. 13. No temporary residential occupation during the construction period is requested or permitted. 14. The Applicant shall satisfy the comments from
the County Vegetation Director as follows: Noxious Weeds Weed Management
The weed inventory and weed management plan is acceptable. The applicant is encouraged to follow the weed management plan as outlined by Wildlife Specialties. The weed management plan
recommends the treatment of all county listed noxious weed species and also the treatment of scentless chamomile (Matricaria perforata). Chamomile is not listed on the county's list
but is on the state's list and we concur with the recommendation to treat this weed. Revegetation Revegetation Plan The revegetation plan is acceptable. All seed tags must be saved and
made available to the Vegetation Management Department for verification. Revegetation Securitv • Pipeline The applicant has quantified the area of disturbance on private land as 18.87
acres. We recommend a $2500 per acre security for disturbances on private land. This would come to $47,175. The security shall be held by Garfield County until vegetation has been successfully
reestablished 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. Garfield County Vegetation Management POB 426, Rifle CO 81650 15. Changes to this permit shall be made through
the Amendment process. This determination has been sent to the Board of County Commissioners to determine if they wish to call up the matter. Staff will let you know if this matter is
called up by April 21st, 2009. (Note, the permit cannot issue and no work can be commenced until all conditions have been met.) Do not hesitate to contact this office if you have any
questions. Sincerely, 'Dustin Dunbar, AICP 970.625.5903 Cc: Fred Jarman
GARFIELD COUNTY Building & Planning Department Review Agency Form Date Sent: March 5, 2009 Comments Due: March 23, 2009 Name of application: ETC Beaver Creek Pipeline Sent to:========================
=====---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:
Dustin Dunbar 109 8th Street, Suite 30 I Glenwood Springs, CO 8160 I Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Garfield County Road & Bridge Depaliment has no objections
to this application with the following comments. Driveway access permits have been issued for ETC Canyon Gas to access from Cr. 317 to the location to build the private road that will
include the pipeline route. Other permitls for using Cr. 317 will be issued after approval of the pipeline application with conditions specific to the location and type of permit issued.
Signage will be posted stating the new road will be private and not open to public access. Signage will be posted alerting the traveling public that work is being performed on Cr. 317
on the north and south ends of the new road where it enters Cr. 317. A stop sign will be installed on the north and south ends of the new road where it enters Cr. 317. The signs and
installation shall be as required in the MUTCD (Manual on Uniform Traffic Control Devices). The stop signs shall be 30-inch size signs. All vehicles hauling equipment and materials for
this project shall abide by Garfield County's oversize/overweight permit system. Any vehicles requiring oversize/overweight Permits shall have on file a letter from ETC Canyon Gas stating
such vehicles can apply for oversize/overweight permits using their bond on file with Garfield County Road & Bridge Department. Any vehicles requiring oversize/overweight permits shall
apply for them at Garfield County Road & Bridge Department. Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall Date March 9, 2009 Revised 3/30/00
Dunbar From: Sent: To: Cc: Subject: Deb --John Niewoehner Thursday, February 12, 2009 2:55 PM Deborah Quinn; Andy Schwaller .. Dusty Dunbar RE: Beaver Creek Pipeline Regarding the Beaver
Creek pipeline and the relocation of the county road. No Grading Permit Reguired: They will not need a grading permit since (1) the land disturbance in the R.O.W. is under the purview
of the County Engineering office and (2) land disturbance NOT in the ROW is approved under as part of the Pipeline Development Plan. (Of course, this assumes the road construction doesn't
disturb land outside the ROW.) Possible Additional Permits: If they are working in a floodplain they might need a County Floodplain Permit. (I don't think this is the case.) County Engineer
Responsible for Projects in County R.O.W.: Besides the land lise application, I have not seen any drawings for the proposed road. That's okay. Jeff and Randy take responsibility for
construction in .the County R.O.W. As Planning Department Project Engineer, I will work through Dusty to review the engineering part of the land use approval (outside the R.O W). --John
Dusty Dunbar From: Sent: To: Subject: Attachments: John Niewoehner Monday, April 06, 2009 9:51 AM Dusty Dunbar RE: Beaver Creek image001 .gif Updated Comments of County Planning Department
Project Engineer: Since my original review of the project, the project scope has been revised such that all project activities, namely the construction of the road and pipeline, wi ll
take place in a future County right-of-way. Since the future road will be conveyed to County, all engineering aspects of the project are being reviewed County Engineering Office and
no review by the County Planning Department's Project Engineer is warranted. Based on information provided to me, the project does not affect the floodplain and no County Floodplain
Permit is required.
MEMORANDUM To: Dusty Dunbar From: Steve Anthony Re: ETC Beaver Creek Date: March 17, 2009 Thanks for the opportunity to comment on this permit. My comments are as follows: Noxious Weeds
Weed Management The weed inventory and weed management plan is acceptable. EXHIBIT j (!, The applicant is encouraged to follow the weed management plan as outlined by Wildlife Specialties.
The weed management plan recommends the treatment of all county listed noxious weed species and also the treatment of scentless chamomile (Matricaria perforata). Chamomile is not listed
on the county's list but is on the state's list and we concur with the recommendation to treat this weed. Revegetation Revegetation Plan The revegetation plan is acceptable. All seed
tags must be saved and made available to the Vegetation Management Department for verification. Revegetation Security • Pipeline The applicant has quantified the area of disturbance
on private land as 18.87 acres. We recommend a $2500 per acre security for disturbances on private land. This would come to $47,175. The security shall be held by Garfield County until
vegetation has been successfully reestablished 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.
EXHIBIT I :D Garfield County Build ing and Planning Dept 108 8th Street, Suite 201 March 24, 2009 Glenwood Springs CO 81601 RE: ETC Canyon Pipeline, LLC -Special Use Application Dustin
Dunbar, AICP Thank you for your referral of the ETC Canyon Pipeline, LLC application to the City of Rifle. ETC Canyon Pipeline, LLC has obtained Watershed District Permit No. 3-08 from
the City of Rifle. The permit covers construction of a gas pipeline, water pipeline and a road (relocation of County Road 317) all within the same right-of-way. The City Council issued
Permit No. 3-08 expressly contingent upon the representation that CR 317 would be relocated as part of the project. Because the road is no longer part of the project and it only consists
of the pipelines, ETC CANNOT PROCEED UNDER PERMIT NO. 3-08 WITH THE CURRENT APPLICATION AND IT MUST RESUBMIT A NEW WATERSHED DISTRICT PERMIT APPLICATION TO THE CITY AND HAVE IT APPROVED
BY THE CITY COUNCIL BEFORE PROCEEDING WITH THE REVISED PROJECT. As mentioned the City supports the project with the relocation of CR 317 along the pipeline corridor. It is unclear to
the City why the road relocation is no longer part of the project after such plan was given a green light by the County in numerous meetings with all concerned parties and in a City
of Rifle public hearing. The County Attorney, Road and Bridge District Foreman and Director, Commissioner McGowan, City of Rifle, and the property owners all participated in numerous
meetings and were in agreement with the plan. The relocation of CR 317 is a win-win project as it moves the road away from Beaver Creek, provides sun exposure for all season use and
provides an adequate driving surface width and right of way not obtainable in the existing alignment. The City recommends that the County require the CR 317 relocation as a part of this
project consistent with its representations in meetings including a Rifle City Council public hearing on this matter. The alternative route for the gas industry traffic needs to be constructed
as soon as possible, so we hope this project returns to its original plan. If the County, the City, ETC, Laramie Energy (which will utilize the pipelines and has a separate Watershed
Permit conditioned on the road relocation), and affected landowners need to get together for a meeting, the City would be happy to initiate that. Please call if you have any questions
or need additional information. Sincerely, Charles G. Stevens Utility Director City of Rifle eil o/.ell< • «tilril /)'('lJJ'tK .. t • 202 Rill/roof 11... • .ell<, elJ 81650 (970) 625-6272
Pk,. • (970) 625-6268 FlU
Dusty Dunbar From: Sent: To: Cc: Subject: Deb, James S. Neu Usn@lklawfirm.comJ Wednesday, April 01, 2009 4:56 PM Deborah Quinn Dusty Dunbar RE: ETC Canyon Pipeline/Beaver Creek Road
EXHIBIT I ----.::~!!=---Thanks for fo rwarding the Road Agreement to me. It all seems reasonable and standard to me. I will point out that Section IV (C) and (D) should probably be conditions
on ETC in their Permit and not Laramie since ETC will own the Pipeline. Yes, if the County is agreeable, I would like the condition stated below. But as my e-mail said, I think that
condition wi ll be waived shortly when Laramie signs the Road Agreement. It is in their interest to do so, and I have a pretty high confidence that they will. I am working on the subordination
agreement with Jimmy Smith to get the r-o-w free and clear to the County, and that seems to progressing just fine. Thank you both for all your help. Jim *********************************
James S. Neu Leavenworth & Karp, P.C. 201 14th Street, Suite 200 P.O. Drawer 2030 Glenwood Springs, Colorado 81602 (970) 945-2261 phone (970) 945-7336 fax JSN@lklawfirm.com This transmission
may contain information that is privi leged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any
disclosure, copying, distribution, or use of the information contained herein (including any rel iance thereon) is STRlCTL Y PROHIBITED. If you received this transmission in error, please
immediately contact the sender and destroy the material in its entirety, whether in electronic or hard copy format. Thank you. ********************************* From: Deborah Quinn [mailto:dquinn@gar
field-county.com] Sent: Wednesday, April 01, 2009 2:27 PM To: James S. Neu Cc: Dusty Dunbar Subject: RE: ETC Canyon Pipeline/Beaver Creek Road Jim, 1
Thanks for copying me on this communication. So, do you want us to include in our permit the condition that ETC Pipeline must amend City of Rifle Watershed Permit No. 3-08 if Beaver
Creek Road, aka CR 317, is not relocated by Laramie Energy simultaneously with the construction of the pipeline? Yes. pleasc! I'm attaching the latest draft of the agreement which will
need to be signed by all the players. We probably won't schedule it for the BOCC until Laramie has signed. I haven't heard from Ken Leis yet today, but this same draft was emailed to
him yesterday afternoon. The last time we met in early February he asked how he could help move this along, and r said he could review and comment on the road construction agreement,
which I sent him on Feb. 12. He didn't bother responding til yesterday. Deborah Quinn Assistant Garfield County Attorney 108 8th Street, Suite 219 Glenwood Springs, CO 8160 I (970) 945-9
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From: James S. Neu [mailto:jsn@lklawfirm.com] Scnt: Wednesday, April 01, 2009 2: 10 PM To: Dusty Dunbar Cc: Charlie Stevens; Michael Erion; Deborah Quinn; Jimmy Smith Subject: ETC Canyon
PipelinelBeaver Creek Road Dusty, As you know, we represent the City of Rifle. I appreciate the County's wi llingness to meet yesterday with ETC Canyon Pipeline and Laramie Energy regarding
the relocation of a portion of County Road 317 (Beaver Creek Road) away from Beaver Creek. The relocation of this road will benefit all parties greatly by eliminating truck traffic related
to natural gas activities adjacent to Beaver Creek which feeds directly into the City of Rifle's potable water intake and the County will receive a much better road in a more sustainable
rightof-way. The City of Rifle issued Watershed District Permit No. 3-08 to ETC for the construction of a natural gas pipeline and the relocation of Beaver Creek Road. ETC has recently
modified its application with the County to include only the construction of the pipeline. The City commented on this application last week indicating that this change by ETC requires
an amendment to its Watershed District Permit and requested that the County make such amendment a condition of County approval. In our meeting, we learned that Laramie Energy will be
the party relocating Beaver Creek Road once it agrees to the conditions required by the County for such a project. So long as Beaver Creek Road is relocated simultaneously with ETC's
pipeline project, the City will not require an amendment to Permit No. 3-08 issued to ETC. Therefore. it is highly likely the City will inform you that it waives such condition; however,
we 2
need to first ensure Laramie agrees to the County's conditions related to the relocation of Beaver Creek Road and its dedication to the County, which Laramie indicates it will do shortly.
Again, thank you for your cooperation and your willingness to keep this win-win project on track. Jim ********************************* James S. Neu Leavenworth & Karp, P. C. 20 I 14th
Street, Suite 200 P.O. Drawer 2030 Glenwood Springs, Colorado 81602 (970) 945-2261 phone (970) 945-7336 fax JSN@lklawfirm .com This transmission may contain information that is pri vileged,
confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby noti fied that any disclosure, copying, di stribution, or use
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the material in its enti rety, whether in electronic or hard copy format. Thank you. ********************************* 3
Wildlife Specialties, L.L.C. "Practical, science-based applications f or wildlife and ecological studies benefi t ing all clients" March 30, 2009 Mr. Criss C. Duncan Owner, Project Management
Aspen Environmental Field Services, LLC 300 Main Street, Ste. 301 Grand Junction, CO 81501 Subject: Garfield County Letter Regarding Beaver Creek Pipeline Dear Criss: In response to
the questions posed by Mr. Dustin Dunbar of Garfield County I offer the following: 1. Adverse effect on lynx habitat: Since the time of the original May 2008 report titled "Sensitive
Species Habitat Assessment and Weed Management Plan, Beaver Creek Pipeline" the boundaries for the Battlement Lynx Analysis Unit (LAU) and habitat descriptions have changed (J. Cook
personal ccmmunication). The LAU boundary does not parallel the west side of the project area any longer and is now reserved only to the southern most portion of the project area. Habitat
within this area is now mapped as 'non habitat'; thus there will be no impacts to lynx or habitats on which they depend associated with implementation of the Beaver Creek pipeline. 2.
The project area does not fall within identified boundaries of elk or mule deer calving/fawning areas. Since the proposed project is near an existing road the use of this area is likely
to be limited by deer and elk as these species do show avoidance of roads. 3. As stated in the May 2008 report, "Based on the surveys conducted along the proposed Beaver Creek Pipeline
no plant or vertebrate sensitive species are likely to be impacted as a result of the proposed action." This still holds true. No raptor nests were identified along the proposed project
corridor. Additionally, it is unlikely that raptors would nest near the existing Beaver Creek road. If you have additional questions or concerns, please ccntact me. Sincerely, Jerry
Powell, M.S., C.w.s. PO Box 1231, Lyons, CO 80540 phone: 303.710.1286 lax: 303.479.9754 jerry. powell@~ldlifespecialUesllc.oom www.~ldlifespecialUesllc.oom