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Home My WebLink About1.0 Application.pdfGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 ov www.qarfield-county.com ('),,\,_,(/ CONDITIONAL USE PERMIT Doc.# Cj[O'f) _. GENERAL INFORMATION (Please print legibly) ijpp, i cant > Name of l'Fe15eF!v Ovmer: _E!Jb l i c_Servi ~J;ompaI!.'L:,,__of'----"C"'o_,_l o~~r,_,,a,_,,d"'o·----------1 > MailingAddress:~50_15th Street_, Sti:_ 700 ___ Telephone:(_~~) 571-7089 __ _ > City: _J)enver:_ ________ State: _fQ. Zip Code:_ 80.?_02 Cell: ( 303 ) (3_(3_7-8402 __ > E-mail address:_lEl:IY·Clii_x_ton__@_Icelenergy_,_coll_l_ ______ FAX: (_~03) §_71-Z.877__ Applicant's > Name of OwRer's Representative, if any, (Attorney, Planner, Consultant, etc): > Larry K. Claxton, J_r_. _______________________________ _ > Mailing Address:_ Sarri__<:_~ _ _!lbov~--------Telephone:{__) _____ _ > City: ____________ State: ___ Zip Code: ___ Cell: ( ___ )_ ______ _ > E-mail address: _____________________ FAX:( ___ ) ________ _ > Description of Special Use Requested: _..GQ.nstr.ucti®J.f_.i!D_i!J2ll_LQ.~i_rn_q_i;S!J_y_iour _mile lQD.9_12_i_12_el ine for the transmission of higb_:Qressur~_g_as. _____ _ > Street Address I General Location of Property: ~~t_~~Jl-13~9._l'L_mi l~ nor.!b_~f i: of the Town of Loma, east of State Highway 139 > Legal Description: Sections 20, 29, 31.afid 32 all in Township 7 South, Range 102 West and Sections 5 and 8 both in Township 8 South, Range 102 W o1n_f':1'1. ___ _ > Assessor's Parcel Number: ~grJ"j.!L.Of_Lan_g_)ii!D~g_e111grrt _ _!,iil]_~--__ >Existing Use: ~,;peline corridor and related facilities > Property Size (in acres) 14. 77 acres Zone District: .-:..ili!~e,_,_,n_ceSjp,,_,a,_,,c""e _____ _ Last Revised 711108 (},, Xcel EnergysM PUBLIC SERVICE COMPANY Special Use Application 5lt'P0 (Q0D Conditional Use ApplicationCt.JPll05 Northwest -Garmesa 16" Natural Gas Pipeline Submitted to: Garfield County Submitted by: Public Service Company of Colorado July 25, 2008 At the on-site meeting with Mr. Claxton mitigation was discussed and areas for habitat treatments were identified. There was consensus that the habitat manipulation acreage figures discussed previously by the BLM, CDOW, and PSCo would be appropriate considering the anticipated negative impacts of this project. Those manipulations would provide long term habitat improvements, offsetting the unavoidable short term impacts. We agreed that hydro- axe treatments applied to juniper trees encroaching into the sagebrush habitats would increase available forage for deer and elk. We also felt that limited brush beating of the heavily hedged sagebrush located in Section 5 (TBS, R 102W) and Section 31 (T 75, R 102W) would be beneficial if associated weed issues could be ameliorated. There was also potential to improve a poorly reclaimed gas well site and short access road located within the sagebrush habitat immediately adjacent to the new pipeline route. The CDOW thanks you for your willingness to consider the needs of wildlife in the energy permitting process. We look forward to working with you in the future. XC: Velarde Kaai Creeden Huber File Sincerely, ~~L,__ ,. /J/ T. Romatzke ,, Area Wildlife Manager impacts. They also discussed deer and elk temporal use patterns in that immediate area, and the potential for habitat improvement projects to offset short-term impacts to wintering deer and elk. After a thorough analysis, it is our opinion that for this specific project a short-term waiver from the existing winter range closure stipulation may be warranted. Considerable thought and discussion went into our decision. Foremost was our evaluation of the nature of big game use of the project area. At this location, mule deer and elk use increases along with winter severity. In a normal winter use increases as winter progresses, leaving a small window during early-mid December before animals begin to concentrate in that area. As long as the disturbance does not spread into late December, we feel that the negative impacts can be mitigated. Also factoring into our decision was the length of the intrusion period, proximity to busy roads, and potential to offset short-term negative impacts with long-term positive impacts to critical winter range habitat by utilizing habitat manipulation treatments. We anticipate that direct impacts to the riparian habitat of East Salt Creek will be minimal if the PSCo plan to span the creek is approved. We recommend that BMP's be employed to eliminate spillage of dirt or runoff from entering the creek. We also recommend planting of willow and associated native vegetation in disturbed riparian habitat. Tamarisk removal would also yield beneficial results. Impacts to desert shrub/grass areas can best be addressed by limiting unnecessary disturbance, along with immediate reclamation with native plants. We recommend the incorporation of 4-wing saltbush, shadscale saltbush, and sagebrush, along with native grasses such as Indian ricegrass, needle-and-thread grass, and wheatgrass. We discourage any use of crested wheatgrass for reclamation, and encourage replanting immediately after disturbance. The sagebrush habitat, particularly the bench located in Section 5 (T 8S, R 102W), is critically important to wintering deer and elk. We recommend scheduling of construction activities in that area as early as possible to minimize impacts to big game. We recommend immediate reclamation utilizing a seed mix heavily dominated by sagebrush. 4-wing saltbush, and native forbs. We also would like to see a drought tolerant alfalfa included there. Indirect impacts, primarily reductions in the ability of wildlife to utilize adjacent habitats due to human disturbance, should also be addressed. The narrow construction window proposed by PSCo wlll go a long vvay tovvards addressing that p1oblern. 'vVe also believe vvorkers should not be permitted to linger on-site in the critical sagebrush and desert shrub habitats. Driving on the existing 2-track roads beyond the pipeline route on the sagebrush bench should not be permitted, and the access gate along HWY 139 should be locked following work each day to prevent unauthorized access into the area. That gate should remain locked following construction and throughout the winter closure period. We note that pipeline routes frequently evolve into illegal motorized trails. In addition to destroying vegetation, that use fragments habitat and reduces habitat effectiveness. We recommend. that the pipeline route be blocked and signed as closeq to motorized use where it intersects existing roads. ) STATE OF COLORADO Bill Ritter, Jr., Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Thomas E. Remington, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297-1192 wildlife. state. co. us Northwest Region· Service Center 711 Independent Avenue Grand Junction, CO 81505 Telephone: (970) 255-6100 Garfield County Building & Planning Department ATTN.: Ms. Dustin Dunbar 1G8 3th Street, Suite 401 Glenwood Springs, Colorado 81610 Dear Ms. Dunbar, . eJ(HlBIT I ... · .. ·~····.· .. ···.····.• a· 4:1£ RE<:FJVE11 SEP 2 6 2008 GARFil't.C<• C0VNT'{ BUiLDING:8:.PilANNlNG September 23, 2008 ~oVl~'o. ~ ,: !; 3. ~ '%.. ~"' ~ For lVild!ife- F or People The Colorado Division of Wildlife (CDOW) has reviewed the Public Service Company of Colorado (PSCo) Plan of Development for the Garmesa pipeline project. The proponent plans to install a new 4 mile long 16" natural gas pipeline to connect the existing Northwest Purchase Point with the Garmesa Valve Set. The new pipeline will be constructed 15' east of, and parallel to, an existing 8" pipeline. Much of the construction will occur within the previously disturbed corridor, and no new access roads will be created by this action. The PSCo believes that, without additional capacity, natural gas outages could occur in the Grand Junction market in the near future. They consider this pipeline project as critical to addressing that immediate need. The habitats impacted by this pipeline project consist of irrigable agricultural lands, desert shrub-grass associations, juniper, and sagebrush vegetative communities. It crosses the East Salt Creek riparian area in one location. The pipeline route is located within mapped winter range of mule deer and elk, and that habitat is protected through an existing winter range closure. Development of this pipeline has the potential to negatively impact wildlife species occurring within the project area. Both direct and indirect impacts to wiidilfe are anticipated. Direct impacts relate to the removal of vegetation along the pipeline route, while indirect impacts occur mainly through displacement of animals from preferred foraging sites due to construction activities and increased human disturbance. These impacts tend to be accentuated during critical time periods such as winter when animals need to maximize energy inputs and minimize unnecessary expenditures. The anticipated window for construction of this project is October 27 through mid-December. Realizing that the project was slated for an important wildlife habitat area during the start of a . critical season, PSCo contacted the CDOW to discuss tbe project and its impacts. Wildlife Manager Paul Creeden, having over 15 years direct experience with wildlife in the Fruita District, met with PSCo representative Larry Claxton and BLM Biologist Heidi Plank on September 4th, They toured the project area and assessed habitat conditions and construction DEPARTMENT OF NATURAL RESOURCES, Hams D. Sherman, Executive Director WILDLIFE COMMISSION, Robert Bray, Chair• Brad Coors, Vice Chair• Tim Glenn, Secretary Members, Dennis Buechler• Jeffrey Crawford • Dorothea Fams • Roy McAnally • Richard Ray• Robert Streeter Ex Officio Members, Hams Sherman and John Stulp MEMORANDUM To: Dusty Dunbar From: Steve Anthony Re: Xcel PSCo's Northwest Garmesa 16" Loop Line Date: September 17, 2008 Thanks for the opportunity to comment on this project. My comments are as follows: Integrated Vegetation and Weed Management • The submitted weed management plan is acceptable. • Staff requests that the applicant treat all inventoried noxious weeds Gointed goatgrass, Russian knapweed, whitetop) in the project area prior to construction activities. Please forward a copy of the application records to: Garfield County Vegetation Management POB426 Rifle CO 81650 • During construction, before leaving the site, all off road major construction equipment (graders, dozers, etc) working in areas of mapped noxious weeds should be power washed to remove seeds, soil, and vegetative matter. Again, this is only in areas of mapped county listed noxious weeds. Cheatgrass is not a county listed noxious weed. We are primarily concerned about spreading whitetop, jointed goatgrass, and Russian knapweed seeds. Washing stations located in areas of mapped noxious weeds will help prevent the spread of noxious weeds. Reclamation • The applicant has quantified the surface area to be disturbed as 11.38 acres on private land. Staff recommends a security of$28, 450. • The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Recl~mation 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 applicant shall provide the Vegetation Management Department with copies of the original tags from each seed bag. The seed mix in the Plan shall match the seed mix used in the field. Do not use a seed mix containing yellow sweet clover (Me/ilotus offcinalis) or annual yellow sweetclover (M indicus). Erosion control • Any straw or hay bales used in erosion control shall be certified weed free. CUP/SUP: GarMesa Utility Facility- BOCC -1016108 Page 14 3. That the Applicant shall comply with the fire protection provisions included in the rules and regulations of the Colorado Oil and Gas Conservation Commission (COGCC) and the International Fire Code as the Code pertains to the operation of this facility. A safety plan shall be developed with the Lower Valley Fire Protection District and submitted prior to the issuance of the CUP and SUP. 4. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. 5. Vibration generated: the utility line and related facilities 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. 6. Emissions of smoke and particulate matter: the utility line and related facilities shall be so operated so as to comply with all Federal, State and County air quality laws, regulations and standards. 7. Emission of heat, glare, radiation and fumes: the utility line and related facilities 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. 8. No temporary human occupation is requested in conjunction with these permit requesst, and no permission for such is granted. 9. That all proper building permits are obtained for the structures associated with the operation of the utility line and related facilities prior to the issuance of a Special Use Permit and Conditional Use Permit. 10. Permit bonding shall be put into place and an updated reclamation plan for this acreage shall be submitted prior to the issuance of the permit. VII. RECOMMENDED MOTIONS "I move to approve a Conditional Use Permit for the Northwest Garmesa 16" Natural Gas Utility Line for Public Service Company of Colorado with the conditions provided by Staff." "I move to approve a Special Use Permit for the Northwest Garmesa 16" Natural Gas Utility Line for Public Service Company of Colorado with the conditions provided by Staff." CUP/SUP: GarMesa Utility Facility- BOCC -1016108 Page 13 certain specified date. Such periodic review shall be limited to those performance requirements and conditions imposed at the time of the original issuance of the Special Use Permit. Response As the principal disturbance for this Special Use Permit is the construction period that is anticipated to last longer fewer than 90 days, it is not recommended that a periodic review requirement be put in place for the SUP. V. RECOMMENDED FINDINGS 1. Proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. The meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. The above stated and other reasons, the proposed special use permit and conditional use permit has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. The application has met the requirements of Special Use and Conditional Use (Sections 5.03, 5.03.07, 5.03.08, 9.02 and 9.03) the Garfield County Zoning Resolution of 1978, as amended. VI. STAFF RECOMMENDATION Due to the following conditions: • 1) the limited nature of potential impacts to surrounding properties, • 2) the remote location of the property on which it is situated, • 3) the proposed expansion is to an existing facility located in an existing disturbed route, Staff recommends the Board approve the request for both a Conditional Use Permit and a Special Use Permit for the Northwest Garmesa 16" Natural Gas Utility Line for Public Service Company of Colorado with the following conditions: 1. That all representations of the Applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval unless explicitly altered by the Board. 2. That the operation of the facility be done in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility. Response CUP/SUP: Gar Mesa Utility Facility- BOCC -J0/6108 Page 12 The project itself does not require a permanent storage area for storage of materials and equipment, rather a staging area is needed for the construction only. It is recommended that this area be no greater than one acre in size, be adequately secured and located to minimize dust onto Highway 139. It is Staff's recommendation that only one temporary staging area be used for both accesses to the project, and if the construction period is expected to extend beyond 90 days, then screening shall be required for the temporary staging site. This staging area shall be included in the re- vegetation plan. There was no request for temporary residential occupation on the site, so no permission of this type was considered or granted. (6) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facilities may begin. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin. Response The Applicant states that a stormwater management plan has been developed and submitted to the Colorado Department of Public Health and Environment, Water Quality Control Division for approval, and that a copy of the draft plan has been provided to the BLM in consideration for the permit on the lands administered by them. Further, it is proposed to be submitted to the Garfield County Building Department for use with a grading permit application. Staff recommends that the stormwater management plan be a condition of approval for the BLM permit, and hence the CUP, and shall be approved and on file prior to the issuance of Garfield County permits. Section 9.03.05 [Periodic Review of SUPT Pursuant to section 9.03.05 of the Zoning Resolution: Any Special Use Permits may be made subject to a periodic review not less than every six (6) months if required by the County Commissioners. The purpose of such review shall be to determine compliance or noncompliance with any performance requirements associated with the granting of the Special Use Permit. The County Commissioners shall indicate that such a review is required and shall establish the time periods at the time of issuance of a Special Use Permit. Such review shall be conducted in such manner and by such persons as the County Commissioners deem appropriate to make the review effective and meaningful. Upon the completion of each review, the Commissioners may determine that the permit operations are in compliance and continue the permit, or determine the operations are not in compliance and either suspend the permit or require the permittee to bring the operation into compliance by a CUP/SUP: Gar Mesa Utility Facility- BOCC -J0/6108 Page II Should the Board approve the request for the CUP and SUP to permit the utility line, Staff suggests the industrial performance standards be considered conditions of approval. The industrial standards are specifically intended to ensure that any industrial use such as the proposed utility line function in accordance with the proper best management practices and within the parameters of the State statutes. The requirement for screening should not be required as the site is remote, the topography effectively shields the operation from applying an adverse visual impact on adjacent parcels and much of the utility line in buried. Both the Best Management Practices to minimize site disturbance and the re-vegetation requirements speak to a goal that the site be put back to a near pre-disturbance standard after the utility line is installed. (5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas: (A) Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state and local fire codes and written recommendations I comments from the appropriate local protection district regarding compliance with the appropriate codes; (B) At the discretion of the County Commissioners, all outdoor storage facilities may be required to be enclosed by fence, landscaping or wall adequate to conceal such facilities from adjacent property; (CJ 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; (DJ Storage of Heavy Equipment will only be allowed subject to (AJ and (CJ above and the following standards: 1. The minimum lot size is five (5J acres and is not a platted subdivision. 2. The equipment storage area is not placed any closer than 300 ft. from any existing residential dwelling. 3. All equipment storage will be enclosed in an area with screening at least eight (BJ feet in height and obscured from view at the same elevation or lower. Screening may include berming, landscaping, sight obscuring fencing or a combination of any of these methods. 4. Any repair and maintenance activity requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of 8 a.m. to 6 p.m., Mon.-Fri. 5. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. (EJ Any storage area for uses not associated with natural resources shall not exceed ten (10J acres in size. (FJ Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. CUP/SUP: Gar Mesa Utility Facility- BOCC -1016108 Page 10 environmental effects beyond the boundaries of the property in which such uses are located, in accord with the following standards: (1) Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. Response The level of sound immediate to the project area will increase slightly during construction. It is anticipated that work will be performed between 7:30 a.m. and 5:30 p.m. every day until construction is complete. The remote location, far from human occupation, will be in compliance with the Colorado Revised Statutes. Noise from operation will be a significantly lower levels and will readily comply with the CRS on both privately-held and publicly-held parcels. (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. Response It is anticipated that the level of vibration at the property boundaries shall not be perceptible on both the privately-held and publicly-held parcels, and this shall be a condition of approval. (3) Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards. Response It is anticipated that smoke or particulate matter shall be negligible after the construction is complete on both the privately-held and publicly-held parcels. It shall be a condition of approval to mitigate smoke or particulate matter during construction. (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. Response It is anticipated that the level of heat, glare, radiation and fumes shall not be perceptible on both the privately-held and publicly-held parcels, and this shall be a condition of approval. It is recommended that valve heads and other facilities be painted to be non-reflective and blend in with surroundings. CUP/SUP: GarMesa Utility Facility- BOCC -1016108 Page 9 according to Best Management Practices (BMPs) to minimize soil erosion and unnecessary vegetation damage, and that shall be a condition for approval. The Applicant will need to provide Garfield County with an updated reclamation plan that includes this additional affected acreage, as well as provide a permit bond at the rate of $4,000 per acre, as per the Garfield County Vegetation Manager, on those acres administered under the Special Use Permit. That total is $28,400. The Applicant will need to meet any requirements set forth by the BLM on Conditional Use Permit on the publicly- held acres. (B) The County Commissioners may require security before a permit for special or conditiqnal use is issued, if required. The applicant shall furnish evidence of a bank commitment of credit, bond, certified check or other security deemed acceptable by the County Commissioners in the amount calculated by the County Commissioners to secure the execution of the site rehabilitation plan in workmanlike manner and in accordance with the specifications and construction schedule established or approved by the County Commissioners. Such commitments, bonds or check shall be payable to and held by the County Commissioners; Response In the past, the Board has required, as a condition of approval that "A sufficient monetary security, determined by the Board of County Commissioners, to ensure rehabilitation of the site once operation has ceased shall be provided by the Applicant." The Applicant has provided the Garfield County Treasurers Office with permit bonds at the rate of $4,000 per acre, an amount determined by the Garfield County Vegetation Manager for similar projects, or $28,400. 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 re-vegetation establishment, to request an inspection for bond release consideration. ( C) Impacts set forth in the impact statement and compliance within the standards contained in Section 5.03.08 of this Resolution. (A.93-061) Section 5.03.08 Yndustrial Performance Standardsl Pursuant to section 5.03.08 of the Zoning Resolution, all Industrial Operations in the County shall comply with applicable County, State, and Federal regulations regulating water, air and noise pollution and shall not be conducted in a manner constituting a public nuisance or hazard. Operations shall be conducted in such a manner as to minimize heat, dust, smoke, vibration, glare and odor and all other undesirable Response CUP/SUP: Gar Mesa Utility Facility- BOCC -1016108 Page 8 The operations at the facility will not involve any abutting property. The proposed facility will not encroach upon existing setbacks or reduce current separation distances to abutting properties. Staff agrees that the existing facility is located well within required setbacks and is sufficiently separated from adjacent properties in all directions. (F) Mitigation measures proposed for all of the foregoing impacts identified and for the standards identified in Section 5.03.08 of this Resolution. Response The project proposed as the CUP/SUP is the installation of a new gas line in an existing easement, with some minor amendment to that easement. The existing easement has been in place for over 50 years, and is previously disturbed land. When construction is complete, the ground surface shall be contoured to that of pre-construction, and re- vegetated to the satisfaction of the Garfield County Vegetation Manager. As part of the CUP on publicly-held land, the BLM will be providing a third-party Environmental Assessment (EA) for the entire project area. Guidance for mitigating impacts on threatened, endangered or sensitive species of animal or plants, and the protection of other resources, such as archaeological resources, shall be taken from that document. To adequately respond to an unexpected outbreak of fire or other safety concern that might be a threat to the lands administered under these permits, and to prevent damage from the proposed use on abutting property, Staff recommends a safety plan be developed and submitted prior to the issuance of the CUP/SUP. The Applicant shall comply with the fire protection provisions included in the rules and regulations of the Colorado Oil and Gas Conservation Commission (COGCC) and the International Fire Code as the Code pertains to the operation of this facility, and work with the area's emergency response provider, Lower Valley Fire Protection District for the SUP and the BLM and the Lower Valley Fire Protection District for the CUP. Conditional Use or Special Use Permits may be granted for those uses with provisions that provide adequate mitigation for the following: (A) A plan for site rehabilitation must be approved by the County Commissioners before a permit for conditional or special use will be issued; Response Travel to the site is primarily on existing roadways, but some enhancement of those travel routes is needed to allow for the safe use of larger vehicles. Some of the soils on these travel routes are unconsolidated, highly erosive, and present very slick surfaces when wet. The Applicant has stated that the construction for the utility line is to be performed CUP/SUP: GarMesa Utility Facility- BOCC -10/6108 Page 7 and vibration will be present. It is not anticipated to have a detrimental or lasting effect as the location is remote and the construction period fairly brief. Water in to be used to mitigate dust during the construction of the utility line, and a re- vegetation plan to curb future dust shall be a condition of approval. (C) Impacts on wildlife and domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions. Response The site is located within general range for mule deer, elk, black bear and kit fox as identified on the Division of Wildlife's wildlife distribution maps. The area is also within identified winter range for elk and mule deer. Some of the area is calving/fawning area, as the lower elevation of the foothills becomes freed of snowfall and provides early season forage. There are identified elk and mule deer crossing considerations on Highway 139. There is no known cattle lease information, as there was no response from the BLM at the time of this writing. It is recommended that the Applicant inquire as to cattle grazing leases for the construction period. It is recommended that the Applicant minimize conflicts with wildlife and cattle on the project acreage. It is not expected that temporary worksite occupation with be part of the project. Keeping a clean work area will prevent the attraction and habituation of black bears. (D) Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County. Response The application states that 'during the peak of construction the utility line is expected to utilize approximately 40 vehicles, including 'pick-up trucks, welding rigs, excavators, backhoes, side-booms, dozers, graders and water trucks. Semi-trucks and dump trucks would also be used to transport material and equipment. ' It is estimated that the construction will temporarily increase traffic and change access at previously unused or little used access points. An access permit from COOT is required, as the access for both permits is onto Colorado Highway 139. Conditions for access and traffic impact are the same for both the privately-held and publicly-held parcels. (E) That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use(s). CUP/SUP: Gar Mesa Utility Facility- BOCC -1016108 Page 6 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 The utility line will be buried except for the short spans necessary to cross drainages, primarily on the privately-held parcels. These spans are not readily visible beyond 50' or so as vegetation provides screening. Section 5.03.07 Ondustrial Operationsl Pursuant to Section 5.03.07 of the Zoning Resolution, both the Special Use Permit and the Conditional Use Permit for a utility line include the requirement of a permit for Industrial Operations. The Industrial Operations Permit requires the submittal of an impact statement on the proposed use describing its location, scope, design and construction schedule, including an explanation of its operational characteristics. The impact statement is required to address the following: (A) Existing lawful use of water through depletion or pollution of surface run-off, stream flow or ground water. Response Water in to be used to mitigate dust during the construction of the utility line under both the CUP and SUP. As the Town of Loma is not an incorporated entity, water will need to be supplied through a local provider. Water may be provided by the watering truck vendor or through draught purchase as locations such as the Government Canal or Mack Mesa Reservoir. (B) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. Response The utility line will be required to satisfy the requirements of this standard under both the CUP and SUP permits. The location of the line on both privately-held and publicly-held parcels is far from any human occupation and generally distant from roadway view, as well. As the line is contained and underground for most of its length, it is not anticipated to produce vapor, glare, smoke or vibration. The valve set is existing; no new or additional visual effect, noise, glare, vapor, glare, smoke or vibration, or other emanations are anticipated with the operation of the line. During construction, however, dust, noise, glare III. AUTHORITY & APPLICABILITY CUP/SUP: Gar Mesa Utility Facility- BOCC -1016/08 Page 5 Pursuant to Section 9.02.03 of the Zoning Resolution, an application for a Conditional Use Permit on the publicly-held parcels shall be approved or denied by the Board of County Commissioners after holding a public hearing thereon in conformance with all provisions of the Zoning Resolution. In regard to the Special Use Permit sought on the privately-held parcels, Section 9.03.04 of the Zoning Resolution requires an application for a Special Use Permit shall be approved or denied by the Board of County Commissioners after holding a public hearing thereon in conformance with all provisions of the Zoning Resolution. IV. REVIEW CRITERIA FOR SPECIAL USE PERMITS (SECTION 5:03) Pursuant to Section 5.03, as listed under the Zone District Regulations, both special uses and conditional uses shall conform to all requirements listed there under and elsewhere in the Zoning Resolution, as well as the following standards: 1. Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. Response The utility line and related facilities are described as an unmanned facility on both the privately-held and publicly-held parcels. No water or sanitation services are necessary for the proposed facility operation, but water will be used during construction to mitigate dust. 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 application states that 'during the peak of construction the utility line is expected to utilize approximately 40 vehicles, including 'pick-up trucks, welding rigs, excavators, backhoes, side-booms, dozers, graders and water trucks. Semi-trucks and dump trucks would also be used to transport material and equipment.' · It is estimated that the construction will temporarily increase traffic and change access at previously unused or little used access points. An access permit from COOT is required, as the access for both permits is onto Colorado Highway 139. Conditions for access and traffic impact are the same for both the privately-held and publicly-held parcels. Routes to access the construction area shall be made safe for the vehicles planned to utilize them, and satisfy all COOT requirements. CUP/SUP: GarMesa Utility Faci/ity- BOCC -1016108 Page 4 The easement in which the existing natural gas utility line and the proposed 16" natural gas utility line will be located in is 50' wide. The width of the easement shall not change, but the location of the easement must be amended to provide for adequate distance between the two natural gas lines. The photo below shows a maintenance road with a pink t~'~Q1~~', flag on the right hand side, delineating the location of the existing line. To accommodate the addition of the second line, the easement in this area will need to be amended (to a point to the right where the gentleman in blue is standing). II. ZONING & ADJACENT USES The subject property (private) proposed to be affected by the SUP is zoned Resource Lands. 10.938 acres are affected by this project in this zone, and are held in ownership by #11 Enterprises, LTD. The type of use requested falls under the definition of 'Utility Line" which is contemplated as a special use in the Resource Lands (all sub-area designations) zone district. The subject property (public) proposed to be affected by the CUP is zoned Open Space. 14. 77 acres are affected by this project in this zone, and are under the administration of the Bureau of Land Management (BLM).The type of use requested falls under the definition of 'Utility Line" which is contemplated as a conditional use in the Open Space Lands zone district. Adjacent lands under private and Federal ownership (BLM) demonstrate uses including rangeland grazing, farming, and resource extraction (natural gas drilling). .. ,}iiP;c, ;i; CUP/SUP: Gar Mesa Utility Facility- BOCC -1016/08 Page 3 Images above depict terrain on both those parcel to be administered under CUP and SUP. Top, left: CUP section Right: SUP section 17+.96East 5all C : o --.: --!. ···: -· .. Nurthwe~I crossi~g ~reek.,. _---: __ ~ /'' · P~ictmc-Polflt .. 1·• C+OO ' ' '1-1 .. ·· ' ~ ... ···/.. Coa Mine R<:ad •• ••• lr'. ";>. "'---Mung!1rCretk n Cros:>'ng29+78 ,/' /1 BLM ::0 BLM f!.,<, / A,~ r·-' !'·' ~...,,) ":.~-/ ·,\.'V ' ~/ 1· ' ~ ' J_t ./ '"' / ' '•· ''*'' ,. '::;" i (--1M+75 ? .. \· • ' c' ~ --111+o:i ' :1; l3LM 1~..,_ 1111),t\\ h'>,111•1!\\ M~o A~; f Ro~ \ \ 1-====-,.-,-,-25.-T1.Jm'3round 1.'.S'+J.;J ................ ...-... 142.-50 Y~ .... _ Turnnrcu:'ld 1.!.!•~J ........ I rn-sa 10 20+00 7 5i~+-1s fl ·fl ? Tu BLM /;;8,___.:___ /::lf=, t73.,.3J Tume.rct.n::l 168...C~ ! r:rf 175+5-) !'ii='""" ('J Turnarc>1;rid 101+~.[> I :tf 169+45 I / \--2'l3+20 \--2'36+.50 '. G~rmr;sa Gi;rmes:i Acee$$ //'"Valve So! 215+80 Ro.."l:i ....... ,_/ .k-t htuml __ ~:,~.·::·;:~~: ~·;,;;'·> e., .. ,,,;,,,. ,,~~~~-·~~,;~,i~~;~~ ;;:~c;:;:::~·;'.';,~ (_) -~-~~·"if.1:_ ~ "" i '' •••• Ilic~ Fil'<''"" Coi1•for l'1••1n1 ( ·,.,,,.1 ... ~• .. 1 1'lU~"'"':!o '""'""'·""""" FIGURE 1 -Project Area CUP/SUP: Gar Mesa Utility Facility- BOCC -1016108 Page 2 Department of Transportation (COOT) to update the access permit for the construction equipment. Applications are in process with the CDPHE for the an updated stormwater management plan, and plan/permit related to air pollution abatement measures. On the private land, action for legal condemnation on the affected parcels is also underway. The lands involved are held by one owner. The Applicant is applying for a Garfield County grading permit. This project is related solely to the construction of the additional utility pipeline. Once completed, no equipment is needed to maintain the site except in emergencies; the corridor is reseeded and inspections are performed on foot. The original intention of the Applicant when the project was submitted was that the project construction date would be no later than October 15th, 2008. It was hoped that they could get as much construction completed before winter conditions set in, and to complete construction to avoid stressing wildlife populations in the area during winter months. Due to unforeseen delays, construction initiation has now been delayed. It is felt that a construction start in Spring, 2009, will benefit the project and reduce impacts on wildlife. Referral to Planning Commission Staff brought the application to the attention of the BOCC to determine if a referral to the Planning Commission was necessary; the BOCC did not refer the application to the Planning Commission. BOCC-10/612008 DD PROJECT INFORMATION AND STAFF REPORT TYPE I SUMMARY OF REVIEW: Special Use Permit for a Utility Facility (natural gas transfer line) to be located partially on privately- owned parcels, zoned Resources Lands (R/L) totaling 10.938 acres, and Conditional Use Permit for publicly-owned parcels, zoned Open Space (O/S) totaling 14.77 acres. APPLICANT/PROPERTY OWNER: Public Service Company, (Larry K. Claxton, Jr.) LOCATION: Sections 20, 29, 31, 32 (T7S,R102W) and sections 5, 8 in TBS, R102W, 5th P.M. Parcels: 2421-291- 00-007, 2421-311-00-009, 2421-322-00-008 ADJACENT ZONING: The zoning on all adjacent parcels is either Open Space (O/S) or Resource Lands (R/L) ACCESS: Highway 139 ' I. BACKGROUND gr'!j}fftl@ The Applicant (Public Service Company) seeks to install a 16" utility service delivery Rrfrl line to transfer natural gas from the production areas to the north to delivery points in re" the Grand Junction area. The new line will be placed in an existing corridor that has \ been in use on BLM and private lands for the past 50 years. ! The 4-mile-long pipe facility has about half lying on each public and private land. The applications will be processed concurrently. Under Colorado law, counties have 120 days to process these types of utility projects. If no action has occurred at the end of 120 days, an automatic ruling of approval is granted. An application to the BLM for a '299 Permit' for the installation of a utility system on federal lands was entered on February 15th, 2008, and approval is pending in the BLM Grand Junction Area Office. The Applicant has applied to amend the right-of-way grant with the BLM, and with the Colorado !'.j:~,!11t~ BOCC Exhibits ( 10/ 6/2008) (SUP/CUP: Garmesa Utility Line, Public Service Company) A B c D E F G H J K Proof of Mail Receipts Proof of Publication Garfield County Zoning Regulations of 1978, as amended (the Zoning Code) Staff Report Application Staff Powerpoint Presentation Memo from Steve Anthony, Garfield County Vegetation Management, dated September 17, 2008 Letter from J.T. Romatzke, Colorado Division of Wildlife Area Wildlife Manager, Northwest Regional Service Center, Grand Junction, dated September 26, 2008