HomeMy WebLinkAbout2.0 BOCC Staff Report 04.18.2005Exhibits for Public Hearing held on April 18, 2005
Exhibit Letter Exhibit
(A toZ)
A Mail Receipts
B Proof of Publication
c Garfield County Zoning Regulations of 1978, as amended
D Application materials
E Staff Memorandum
F Letter from US Anny Corps of Engineers dated 4/11/05
G Email from Road and Bridge Department dated 4/12/05
H Email from Applicant to Planning Staff dated 4/5/05
I Email from County Oil & Gas Auditor dated 4/5/05
J Supplement Information Packet from Applicant dated 4/8/05
K Memo from the County Vegetation Manager dated 4/6/05
L BLM "STIPULATIONS for Natural Gas Pipeline"
BOCC 04/18/05
FJ
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST
APPLICANT
REPRESENTATIVE
LOCATION
SITE DATA
ACCESS
ZONING
SURROUNDING ZONING
Special Use Permit for "Material Handling of
Natural Resources" for a 6-inch natural gas line
Crescendo Energy, LLC
Cordilleran Compliance Services, Inc.
The property is generally located in the far
southwest corner of Garfield County in Township 8
South and Range 104 West near West Salt Creek off
of County Ro ad 201 (Baxter Pass Road)
Approximately 1 mile of a 6-inch natural gas line
crossing 1 private property
CR 201 (West Salt Creek Road)
ARRD
OS (BLM)
·-;--·-----~ . ::
I. GENERAL DESCRIPTION OF THE PROPOSAL
Crescendo Energy, LLC submitted a request for a Special Use Permit (SUP) for "Material
Handling of Natural Resources" to install a high pressure 6-inch pipeline (gathering line) to
convey unprocessed natural gas from the San Arroyo Plant in Utah to the South Canyon
Compressor Station ia Garfield Cmrnty. The entire proposed pipeline is 10 .2 miles long with half
of the line being in Utah and the other half in Garfield County. Of the portion in Garfield County,
approximately 5,000 linear feet crosses one private property with the remaining portion being
located on BLM land. The pipeline is expected to handle a volume of 8,000 mmscf/d. The
proposed gas line will be installed in anfexisting pipeline corndofl The right-of-way easement in
place with the private property owner is a 50-foot temporary easement with an additional 25 feet
if needed which will revert to a 25 foot permanent easement post construction. This work area
represents approximately 6 to 9 acres of site disturbance.
The proposed route that crosses private property is a property owned by the Flannigan Family
which is zoned Agricultural I Residential/ Rural Density (ARRD). The necessary right-of-way
(ROW) grants across BLM and an easement across the private property have already been
obtained and s ubmitted with the application . It is for this 5,000 lin ear-foot segment crossing
private property that a SUP is sought for "Material Handling of Natural Resources" and is the
subject of this application . For your reference, the County's zoning map on the front cover of this
memorandum shows the location of the subject property which is located in the far southwest
corner of the County outlined with a black box. The map below shows the entire route of the
pipeline.
[As you will recall, on March 8 111
, 2005, the Board determined not to refer the application to the
Planning Commission due to the extreme remote location of the pipeline location, limited nature
of potential impacts, non-existence of residential dwellings within at lea st five miles of th e
pipeline, the lo ca tion within an existing pipeline corridor, and the fact that the property is
entirely surrounded and isolated by very large tracts of BLM land.]
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II. REFERRALS
Staff referred the application out to the following review agencies and /or County Departments:
a. Garfield County Oil & Gas Auditor: Provided comments related to the need to obtain a
road cut across CR 201, revegetation of the corridor, and how discharging of the hydro-
testing water will occur. (See Exhibit I)
b. County Vegetation Management Director: Provided comments regarding revegetation
seed mix and potential security, on-going weed control, and requirement for certified
weed-free straw bales used for sediment control measures. (See Exhibit K)
c. Garfield County Road & Bridge Department: Indicated a road cut would be required at
the time the pipeline construction reached the County Road. (See Exhibit G)
d. US Army Corps of Engineers: Commented that any discharge of fill or dredged material
into waters of the US shall require a 404 permit from the Corps. (See Exhibit F)
e. Garfield County Sheriff's Department: Indicated they had no comments or concerns.
III. GARFIELD COUNTY ZONING RESOLUTION
As required in the County's Zoning Resolution, special uses shall adequately address the
following three review criteria from Section 5.03, 5.03.07 and 5.3.08:
Section 5.03
( 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;
Staff Response
The pipeline itself does not require any permanent water or sanitation service for its operation.
However, water will be used to I) hydrostatically test the line once constructed as well as 2) for
dust control during the construction of the line. The application states that the water source is
provided by way of a permit (COOi) granted by the Ute Water Conservancy District in Grand
Junction, CO. The hydrant is located at the 10 Road and Highway 6/50 Fill Station in Mack,
Mesa County, CO. The application states that water users report their usage and pay an invoice
based on that usage. Once the line has been constructed, tested, and regrading I recontouring of
the right-of-way has been completed, no further water service is needed. The application states
that portable toilets will be used on a temporary basis during the 90-day construction phase then
be removed once the project is completed. Staff finds this standard is met.
(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;
Staff Response
Access to the property will be provided by Baxter Pass Road (CR 201) which is a dirt I gravel
road that is minimally maintained by the Road and Bridge Department. The application states
that the anticipated traffic volume during construction is approximately 25 vehicles a day. Once
the project is completed, approximately 5 vehicles per month would travel the county road to
inspect and maintain the pipeline. The traffic counts compiled in 2002 indicate that Baxter Pass
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Road is relatively untravelled showing an average daily count of 45 trips per day. The Applicant
commits that roads used for the project would be maintained and/or repaired as necessary to
conditions equal to or better than those which existed prior to project-related use. The proposed
~ne crosses CR 201 near its terminus at the South Canyon Compressor Statio_!).
The Road and Bridge Department provided the following comments:
I) The Applicant shall be required to obtain aEoad cut I bore permitj to cross the county road;
and
2) Since the County only blades this road twice a year, there might also be som~ dust issues \
and some road maintenance issues ult of this additional traffic. As a result, we
might need them to el wi h f the road and also be res onsible for e
flmhffifjprnssaRt.~
(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;
Staff Response
The project area is located in an extremely remote, relatively uninhabited portion of the county
primarily characterized as open range covered in sage brush vegetation. There are no residential
uses within 5 miles of the subject site as it is entirely surrounded by very large tracts of BLM
lands on all sides. The Applicant proposes to reuse an existing pipeline corridor. Staff finds the
reuse of an existing pipeline corridor I right-of-way is preferred to cutting and clearing out an
entirely new pipeline corridor altogether. Once the pipeline has been installed, the Applicant
commits to appropriate revegetation measures to minimize the visual impact of the line
installation which will be the same measures taken for the revegetation on portions of the pipeline
that cross the BLM land. The application states that there is no need for screening as the pipeline
will be buried. The only proposed signage will be limited but installed along the route to indicate
the presence of the line under ground and no lighting is proposed. Staff finds the project will not
result in a loss of neighborhood character.
Section 5.03.07 Industrial Operation
Industrial Operations, including [but not limited to] extraction, processing, fabrication, industrial
support facilities, mineral waste disposal, storage, sanitary landfill, salvage yard, access routes
and utility lines, shall be permitted, provided:
1) The applicant for a permit for industrial operations shall prepare and submit to the
Planning Director ten (10) copies of an impact statement on the proposed use describing its
location, scope, design and construction schedule, including an explanation of its
operational characteristics. One ( 1) copy of the impact statement shall be filed with the
County Commissioners by the Planning Director. The impact statement shall address the
following:
a) Existing lawful use of water through depletion or pollution of surface run-off, stream
flow or ground water;
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Staff Finding
The application states that water will be purchased from the Ute Water Conservancy District
in Grand Junction, CO. The hydrant is located at the 10 Road and Highway 6/50 Fill Station
in Mack, Mesa County, CO. The application states that water users report their usage and pay
an invoice based on that usage. The water will be used to I~ hydrostatjcally test the luff once
constructed as well as 20 be used fo( dust controlJ!uring the construction of the line.
The Applicant received a Colorado Discharge Permit for Stormwater from the Colorado
Department of Public Health and Environment (CDPHE) under the Colorado Water Quality
Control Act. In addition, they submitted a Stormwater Management Plan to CDPHE which is
intended to assist the Applicant in obtaining stormwater management permits as well as
comply with Federal and State stormwater discharge regulations. This plan governs
stormwater management on the 28 acres to be disturbed in Garfield County (of which, only \4
is private land). The goal of the plan is to improve water quality by reducing pollutants in
storm water discharges. In Garfield County, the proposed line will cross the Prairie Canyon
and West Salt Creek which are ephemeral streams and flow only following infrequent
torrential rainfall events. This plan is intended to provide appropriate mitigation to manage
stormwater flow during these events.
On the subject property, there are several ephemeral stream crossings which will not be
buried crossings or require cut or fill. The Applicant has submitted applications to the US
Corps of Engineers for use of an existing road along the corridor that travels through one
drainage that will need a culvert. This permit, probably a Nationwide Permit, will be issued
and submitted to Staff as a requirement of any approval provided by the Board.
b) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or
vibration, or other emanations;
Staff Finding
The use of the pipeline itself will not generate any vapor, dust, smoke, noise, glare or
vibration. During construction and installation of the line, noise levels will increase as a result
of heavy equipment during daylight hours but will cease once construction is complete. The
Applicant received an exemption from the APEN permit from CDPHE and also states that the
right-of-way will be watered on a routine basis as needed to control fugitive dust emissions
during construction. Should the Board a , Staff suggests the Applicant should
be required to adhere to a ugitive Dust Control Plan as a condition of approval so that
fugitive dust can be properly mitigated during construction. Staff suggests this dust plan also
apply to dust generated on CR 201 as a result of increased traffic trips during construction of
the pipeline.
Staff also suggests that no burning or open fires shall be allowed during construction of the
project and that the Applicant submit a Fire Prevention and Suppression (Fire) Plan to be
implemented to minimize the risk of fire danger and, in case of fire, provide for immediate
suppression.
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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;
Staff Finding
The project includes cutting, clearing, and/or removal of existing vegetation for the 50 foot
right-of-way. This impact appears to be less significant due to the fact that this is an existing
pipeline corridor that is in the process of revegetation rather than clearing away more mature I
virgin native vegetation. The Applicant commits to revegetate the right-of-way so that
vegetative cover, nesting, and forage will return to pre-construction levels. The pipeline, since
it is buried, will not result in the creation of hazardous attractions, blockade of migration
routes or use patterns. Staff suggests the Board require the Applicant to submit the
revegetation plan for the corridor to be approved by Steve Anthony prior to the issuance of
the SUP.
d) Affirmatively show the impacts of truck and automobile traffic to and from such uses
and their impacts to areas in the County;
Staff Finding
Traffic will increase on CR 201 during construction of the pipeline by the addition of 25 trips
per day. It will be significantly reduced once the project is complete and the line has been
installed to 5 trips per month for pipeline inspection and maintenance. As stated earlier,
access to the property will be provided by Baxter Pass Road (CR 201) which is a dirt I gravel
road that is minimally maintained by the Road and Bridge Department. The traffic counts
compiled in 2002 indicate that Baxter Pass Road is relatively untravelled showing an average
daily count of 45 trips per day. The Applicant commits that roads used for the project would
be maintained and/or repaired as necessary to conditions equal to or better than those which
existed prior to project-related use. The proposed line crosses CR 201 near its terminus at the
South Canyon Compressor Station.
The Road and Bridge Department provided the following comments:
1) The Applicant shall be required to obtain a road cut I bore permit to cross the county road;
and
2) Since the County only blades this road twice a year, there might also be some dust issues
and some road maintenance issues as a result of this additional traffic. As a result, we
might need them to help with the grading of the road and also be responsible for some
dust suppressant.
e) That sufficient distances shall separate such use from abutting property which might
otherwise be damaged by operations of the proposed use(s);
Staff Finding
The proposed pipeline will be located in an existing pipeline corridor on land which is
characterized as open rangeland in an arid high plateau region of western Colorado. The
pipeline is located in an area that will not damage abutting property as the adjoining land has
the same use and character. Further, the project is located within an existing gathering field
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and pipelines, well pads, and aboveground appurtenances are already located within and
adjacent to the project area.
2) 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;
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, 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;
c) Impacts set forth in the impact statement and compliance with the standards contained
in Section 5.03.08 of this Resolution.
Staff Finding
The Applicant submitted the "Sti ula i
this project which specifically includes a com rehensive
component an reve elation a r habilitation measures or the pipeline corridor once
construction has been completed. These measures include plans for post construction cleanup
as well as a plan for regrading the disturbed right-of-way followed by an extensive
revegetation plan. In addition, the Plan of Development (POD) contains the following
revegetation I site rehabilitation components:
I) Every attempt will be made to seed disturbed areas within 24 hours of completing topsoil
replacement and installation of permanent soil erosion and sediment control measures. If
an area is not seeded within 24 hours of topsoil replacement, the seed will need to be
incorporated into the soil.
2) All disturbed areas will be reseeded with the appropriate seed mix and rates by vegetation
type as determined by the BLM. Seed mixes will be purchased from commercial seed
vendors and must be state-certified weed-free mixtures. Seed bag tags will be collected
and submitted to the BLM to confirm that the seed was purchased from a commercial
seed vendor and was tested and certified. Seeding rate will be listed as pounds per acre of
pure live seed (PLS). The ELM-approved seed mixes for this project are listed in the
stipulations attached to the Right-of-Way Grant.
3) Seed will be placed in direct contact with the soil at an average depth of 0.5-inches,
covered with soil, and firmed to eliminate air pockets around the seeds. Seed will be
applied using a rangeland seed drill with a seed release and agitation mechanism
sufficient to allow seeds of various sizes and densities to be planted at the proper seeding
depth. Broadcast seeding will be employed only in areas where drill seeding is unsafe or
physically impossible. Broadcast application rates will be twice that of drill rates.
Immediately after broadcasting, the seed will be uniformly raked, chained, or dragged to
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incorporate seed to a sufficient seeding depth. If the area is seeded prior to a soil crust
forming (within 24 hours of topsoil replacement), harrowing or raking may not be
necessary. Fall seeding would be completed after September I and prior to prolonged
ground frost. If necessary, spring seeding will be completed when the ground thaws and
prior to May 15.
The County Vegetation Manager reviewed the proposal and provided the following comments on
the revegetation plan and commitment to security:
I) The Applicant shall post a re vegetation security for the portion of the pipeline that is not
on Bureau of Land Management property. The Applicant shall provide the area of
disturbance (in acres) to the County Vegetation manager in order to determine the amount
of the security. This may be in the form of a letter of credit, if deemed appropriate by the
County Attorney's Office, or the funds may be deposited with the County Treasurer. 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;
2) Any straw bales that are used as sediment barriers need to be certified as weed-free; and
3) It is requested that the applicant respond to any complaints by landowners either private
or public, regarding pipeline noxious weeds in a timely manner. Weed problems on
pipelines tend to occur after there is maintenance activity on a section of pipeline and the
ground has been disturbed. The Colorado Noxious Weed Act and the Garfield County
Weed Management Plan require management of listed noxious weeds.
Section 5.03.08 Industrial Performance Standards
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 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.
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 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;
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Staff Finding
The pipeline itself will not result in the production of vapor, heat, glare, radiation or
vibration. During construction, the will be an increase in noise levels due to operation of
heavy equipment during daylight hours which will cease after construction is complete. The
Applicant commits that all volume of sound generated from this project will comply with the
standards set forth in the Colorado Revised Statutes at all times.
Dust will be generated during the construction portion of the project but can be minimized by
an appropriate Fugitive Dust Control Plan. The Applicant received approval from the CDPHE
Air Pollution Control Division for the project which stated that the proposed activity is
exempt from permit requirements because it will generate less than 5 tons of Particulate
Matter (PMlO) per year in an attainment area. The letter does state that, while the project is
exempt, the Applicant is still required to meet all applicable standards and regulations of the
Air Quality Control Commission, including visible emissions shall not exceed 20% opacity
and no off property transport guidelines of Regulation No. I, Section 111.D.2.b. Lastly, Staff
suggests that no burning or open fires will be allowed during construction of the project.
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/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;
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) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the
following standards:
i. The minimum lot size is five (5) acres and is not a platted subdivision.
ii. The equipment storage area is not placed any closer than 300 ft. from any existing
residential dwelling.
iii. All e9uipment storage will be enclosed in an area with screening at least eight (8)
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.
iv. Any repair and maintenance activity requiring the use of equiement 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 J?.m., Mon.-Fri.
v. Loading and unloading of vehicles shall be conducted on pnvate property and may
not be conducted on any public right-of-way.
e) Any storage area for uses not associated with natural resources shall not exceed ten
(10) acres in size.
f) Any lighting of storage area shall be pointed downward and inward to the property
center and shaded to prevent direct reflection on adjacent property.
9
Staff Finding
The proposal does not include the permanent storage of any materials or equipment on any
part of the pipeline right-of-way.
The project is not located within 300 feet of any residential dwelling and is not located within
any platted subdivisions. Screening does not need to be installed because these areas are
temporary use areas and not long-term equipment storage yards. Equipment shall be
maintained during daylight hours and will not require lighting.
Because the construction of the project requires the use of certain potentially hazardous
materials such as gasoline, diesel fuel, lubricating oils, hydraulic fluids, paints, and solvents,
Staff suggests that these materials be stored in a construction stora e ard and not on the
right-of-way. Further, Staff suggests the Applicant submit a S ill Prevention, Containment
an ountermeasure Pl at addresses the transportation, storage, inventory and disposal of
a 1 hazardous materials on the right-of-way.
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.
Staff Finding
The Applicant is required to co.nstruct and operate the use within the parameters set out in the
Colorado General Construction Stormwater Permit, the Colorado Dewatering Industrial
Wastewater Discharge Permit, and any US Army Corps of Engineers permits as may be
required. The Applicant submitted a Stormwater Management Plan which contains very
specific measures using best management practices that are intended to reduce I eliminate the
risk of stormwater, erosion, and sediment pollution. As stated above to minimize risk to
groundwater contaminat10n durmg the project. Staff suggests the Applicant submit a Spill
Prevention, Containment and Countermeasure Plan that is specifically intended to protect any
p~ential impacts to groundwater.
Additional Permits
The County recently changed its requirements so that the various local, state, and federal
permitting processes can occur at the same time rather than requiring that they all be
delivered to the County "in-hand" as part of our review for our Special Use Permit. As a
result, note that the following additional permits required for the project have been awarded
to the project.
I) Colorado Department of Public Health and Environment
a. Colorado General Construction Stormwater Permit
b. Colorado Construction Dewatering Permit
c. Colorado Air Emissions Permit
2) Bureau of Land Management
a. Right-of-Way Grant with Stipulations and Notice to Proceed
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3) Surface Use Agreement
a. Agreement providing permission to cross private property
The Applicant remains obligated to obtain and provide this office with copies of the
following permits for the project:
I) U.S. Army Corps of Engineers: Nationwide Permit
2) Garfield County Road and Bridge Department: Road Crossing Permit
IV. SUGGESTED FINDINGS
I. That proper public notice was provided as required for the hearing before the Board of
County Commissioners.
2. That the hearing before the Board of County Commissioners was extensive and complete,
that all pertinent facts, matters and issues were submitted and that all interested parties
were heard at that meeting.
3. That for the above stated and other reasons, the proposed Special Use Permit is in the best
interest of the health, safety, morals, convenience, order, prosperity and welfare of the
citizens of Garfield County.
4. That the application is in conformance with Section 5.03, 5.03.07, and 5.03.08 of the
Garfield County Zoning Resolution of 1978, as amended.
V. STAFF RECOMMENDATION
Due to the extreme remote location of the pipeline location, limited nature of potential impacts,
non-existence of residential dwellings within at least five miles of the pipeline, the location
within an existing pipeline corridor, and the fact that the property is entirely surrounded and
isolated by very large tracts of BLM land, Staff recommends the Board approve the proposed
Special Use Permit for "Material Handling of Natural Resources" with the following conditions:
I. That all representations made by the Applicant in the application and as testimony in the
public hearing before the Board of County Commissioners shall be considered conditions of
approval, unless specifically altered by the Board of County Commissioners.
2. Prior to the issuance of the Special Use Permit, the Applicant shall submit a "Road Crossing
Permit" issued by the Garfield County Road and Bridge Department for crossing CR 20 I to
the County Building and Planning Department.
3. Staff suggests the Board require the Applicant to submit the revegetation plan for the corridor
to be approved by the County Vegetation Manager prior to the issuance of the SUP.
4. The Applicant shall ensure that copies of the following plans are kept at the work ~ during
the entire construction of the pipeline:
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a. Fugitive Dust Control Plan;
b. Stormwater Management Plan; and
c. Fire Prevention and Suppression Plan rt n ,_ . ~
d . .Spill Prevention, ContaiH1t1e11:t and Cuunte!measure Plan -~wt~ ,~·v---
5. The Applicant shall comply with the following conditions asserted by the County Road and
Bridge Department:
a. The Applicant shall obtain a road crossing permit for CR 201;
b. Dust control shall be required as needed at the discretion of the road foreman on the
roads impacted by the equipment used in the construction of the pipeline. Damage to
the surface of the roads shall require replacement or reconstruction for that portion of
the damaged road to an as good or better condition than pre-project condition.
c. All vehicles used in the construction of the pipeline shall abide by the County's over
size I weight permit system and follow approved haul routes to move equipment and
materials to the job site. Prior to the commencement of the project, a supervisor with
the construction company for the project shall meet with Garfield County Road and
Bridge Department to be advised of these requirements prior to starting the project.
6. Because weed problems on pipelines and their revegetated corridors tend to occur after there
is maintenance activity on a section of pipeline and the ground has been disturbed, the
Applicant shall respond to any complaints by landowners either private or public, regarding
noxious weeds in a timely manner.
7. During revegetation, the Applicant shall submit the tags from the bags containing the
approved and certified seed mix for verification that the seed mix used in the field on the
corridor is acceptable. Thes~hall be submitted to the County Vegetation Manager.
8. Prior to the issuance of the Special Use Permit, the Applicant shall post a reveg@tatioa
.securit:i: for the portion of the pipeline on private property in the amount to be determined by
the County Vegetation Manager. This may be in the form of a letter of credit, if deemed
appropriate by the County Attorney's Office, or the funds may be deposited with the County
Treasurer. 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.
9. Regarding stormwater, erosion and sediment control measures, the Applicant shall only use
straw bales as sediment barriers so long as they are certified as weed-free.
10. Prior to the issuance of a Special Use Permit, the Applicant shall submit the following
approved permits to the County Building and Planning Department:
a. Garfield County Road and Bridge Department: Road Crossing Permit
b. US Army Corns of Engineers: Nationwide Permit
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11. The Applicant shall comply with the following Industrial Performance Standards in Section
5.03.08 of the Garfield County Zoning Resolution of 1978, as amended including:
a. Volume of sound generated shall comply with the standards set forth in the Colorado
Revised Statutes;
b. 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;
c. 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;
and
d. 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.
12. The conditions listed in the document entitled "STIPULATIONS for Natural Gas Pipeline"
(included herein as Exhibit L) shall be considered conditions of approval as applied by the
Board of County Commissioners to the pipeline route across privately owned ground.
1+
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DEPARTMENT OF THE ARMY
U.S. ARMY ENGINEER DISTRICT, SACRAMENTO
CORPS OF ENGINEERS
EXHIBIT
F
REPLY TO
ATTENTION OF
1325 J STREET
SACRAMENTO, CALIFORNIA 95814-2922
April 1 1, 2005
RECEIVED
Regul a tor y Branch (200575191)
Mr. Fred Jarman
Garfield Co un ty Building and Planning Department
108 8th Street, Suite 201
Gl enwo o d Springs, Colorado 81601
Dear Mr . Jarman:
APR 1 3 2005
GARFIELD COUNTY
BUILDING & PLANNING
I a m responding to your written request for comment on the
Crescendo Energy, LLC, 6-i nch natural gas line proj ect . The
pro j ec t is located at West Sa l t Creek within Section 4, Township
8 Sout h, Range 104 We s t, La t itude 39° 23' 52.7", Long i t ude 1 08°
59 ' 37.1 ", Garfield County, Colorado .
In accordance with Se c t ion 404 of the Clean Water Act, a
De p a rtment o f the Army per mit is requi r ed prior to commenc i ng any
discharge (including mechan ized land clear ing) of dredged or fill
material in water s of the Un ited States . Waters of the Un i te d
States include the territorial seas ; perennial , intermittent, and
eph e mera l streams; l a k es , ponds , impoundments ; and we tlands . For
more informat i o n about the permit program, please vis it our
website referenced below .
Please refer to identification number 200575191 in
corresponde n ce concerning t hi s p r o j ect . I f you have any
ques tions, please cont act me at the address b elow, email
Mark.A.Gilfillan@usace.army .mil o r t eleph one 970-243-1199,
e x te n s i o n 15 . You may a l so use o u r website : www .spk .u sace .
army .mil/regulator y.html .
Copy furn ish ed :
Sin cerely,
M':!:cf lfiq1L
Regulatory Project Manager
Colorado/Gunn ison Basin
Regul atory Of f ice
400 Rood Avenue, Room 142
Gran d Junction, Colorado 81501 -2563
Mr . Mark Bean, Garfield County, 10 8 8 th Street, Sui te 20 1 ,
Glenw ood Springs , Colorado 8160 1
)
Fred Jarman
·-·-···· -·-· -·-
From : Mike Vander Pol
Sent:
To:
Tuesday, April 12 , 2005 2:29 PM
Fred Jarman
Subject: Cresencio Energy, LLC
West Salt Creek, CR 201
Fred;
They will need to apply for a road crossing permit.
EXHIBIT
) j ti
There might also be some dust issues and some road maintenance issues. The County only blades this road
twice a year and with this additional traffic, we might need them to help with the bladeing of the road and also
responsible for some dust suppressant.
All other issues with the road crossing will be dealt with the road cut permit.
Thanks
Kraig
411212005
Fred Jarman
From: Sean Norris [seannorris @co rdilleran.biz]
Sent: Tuesday, April 05, 2005 5:08 PM
To: Fred Ja rman
Subject: RE: Questions
Sean T. Norris
Senior Project Geologist
From: Fred Jarman [mailto:fredjarman @garfield-county.com]
Sent: Tuesday, April 05, 2005 9:30 AM
To: Sean Norri s
Subject: Questions
Hello Sean,
In my review of the Crescendo application, I am in need of a f ew ite ms :
1 ) Revegetation Plan for ROW
EXHIBIT
j \-+
The revegetation plan is stipulated by th e BLM. The private property will be handled under the same plan.
will enclose a sec ti on from the Plan of Development which discusses the reveget ation .
2) W at er Contract with Ute Water Conservancy Di stri ct
There is no contra ct with Ute Water. The fill station is basically a n honor sys tem. Area resid e nt s fill small
pi ckup tanks and C rescendo's water hauling contractor fill s a tanker tru ck at th e fill stati on. Everyone rep orts
their usage and pay an invoice based on that report .
3) Permit from CDPHE regarding site disturbance of 1-ac re or greater
Crescendo has rece iv ed a Colorado Discharge Permit for Stormwater. I will make a copy of th e cover letter
and inc lude it in th e package.
4) Storm Wat e r Management Plan (CDPHE)
Colorado State law req uires a pl an be prepared for the above permit. I'll make an ex tra co py so you ca n have
one.
5) Fire protection plan
I'll include a copy of th e fire prote ction plan also.
6) Fugitive Du st Control Plan
Crescendo re ce ived an exemption f rom th e APEN permit from CDPHE. A copy of the letter will be attached.
7) A ny Army Corps permits
COE permits are being filed and as yet we have no doc um ents to make copies of.
8) Surveyed schematic of ROW on private ground
Alignm e nt shee ts (2) of the east e nd of the pipeline will be in clud ed in the package. BLM and Flanigan
41612005
property is clearly marked on the two sheets.
I need these as soon as possible.
Thanks,
Fred
Fred A. Jarman, AICP
Assistant Planning Director
Garfield County Building and Planning Department
1 08 8th Street, Suite 201 ·
Glenwood Springs, Colorado 81601
970.945.8212
www.garfield-county.com
4/6/2005
Page 2 of 2
Fred Jarman
From:
Sent:
To:
Doug Dennison
Tuesday, Apr il 05 , 2005 1 :14 PM
Fred Jarman
Subject: SUP -Crescendo Energy 6-inch Pipeline
Fred ,
EXHIBIT
I :r
I have reviewed the Special Use Permit application for the subject project and have the following comment:
It appears that this pipeline will be crossing Garfield County Road 201 , however, there is no
mention in the application of the need for obta ining a permit from the Road & Bridge Department
for either cutting or boring under the road .
Under 5.03 .07 , Industrial Operations, paragraph (1 )(A), I would recommend that the applicant
also address how the water used for hydrostatic testing will be disposed of at the completion of
testing (e .g., discharge).
Under 5.03 .07, Industrial Operations, paragraph (2)(A), I wou ld recommend that the applicant
also address steps that will be taken to control noxi ous weeds along the pipeline ROW .
If you have any questions regarding my comments , please let me know. Thanks .
Doug Dennison
Garfield County
Oil & Gas Liaison
mailto:ddennison@garfield-county .com
(970) 625-5691
cell (970) 309 -5441
fa x (970) 625-0908
4/5/2005
Page 1of2
Fred Jarman
From: Doug Dennison
Sent: Wednesday, April 06, 2005 3:45 PM
To: Fred Jarman
Subject: FW: SUP -Crescendo Energy 6-inch Pipeline
Fred,
I don't have any problem with Sean's responses to these emails. One thing that did occur to me though is that
it appears from his responses and from other places in the application that they intend to use the BLM
reclamation standards on the private land also. It might be wise to ask them to simply state that in the
application. Thanks.
Doug Dennison
Garfield County
Oil & Gas Liaison
mailto:ddennison@ garfield-county.com
(970) 625-5691
cell (970) 309-5441
fax(970)625-0908
From: Sean Norris [mailto:seannorris@cordilleran.biz]
Sent: Tuesday, April OS, 2005 3:08 PM
To: Fred Jarman
Cc: Doug Dennison
Subject: RE: SUP -Crescendo Energy 6-inch Pipeline
Please see responses within Doug's e-mail
Sean T. Norris
Senior Project Geologist
From: Fred Jarman [mailto:fredjarman@garfield-county.com]
Sent: Tuesday, April 05, 2005 2:28 PM
To: Sean Norris
Subject: FW: SUP -Crescendo Energy 6-inch Pipeline
Sean,
Please also see the points that need to be addressed from Doug Dennison. Please provide a response to
these and email it to me at you earliest convenience.
Thanks
-----Original Message-----
From: Doug Dennison
Sent: Tuesday, April 05, 2005 1:14 PM
To: Fred Jarman
Subject: SUP -Crescendo Energy 6-inch Pipeline
Fred,
4/6/2005
Page 2 of2
I have reviewed the Special Use Permit application for the subject project and have the following comment:
It appears that this pipeline will be crossing Garfield County Road 201, however, there is no
mention in the application of the need for obtaining a permit from the Road & Bridge Department
for either cutting or boring under the road.
Cordilleran has been in touch with the Garfield County Road Department Area Supervisor. They have
indicated that a road crossing permit may be obtained in a short notice from them via a meeting in the field.
Cordilleran has not applied for that road crossing permit as Crescendo felt that the CUP needed to be obtained
first. A permit will be obtained before any disturbance of the County Road occurs. Cordilleran was waiting for
the bid to be awarded to a contractor so that they could be available for a meeting with Garfield County Road
Department. A contractor has just been selected and a meeting will soon be arranged.
Under 5.03.07, Industrial Operations, paragraph (1 )(A), I would recommend that the applicant
also address how the water used for hydrostatic testing will be disposed of at the completion of
testing (e.g., discharge).
Cordilleran is applying for a MINDI discharge permit from the State of Colorado for hydrostatic testing water
discharge. A copy of that permit will be forwarded to Garfield County when it is received. The timing of the
State approval is beyond Cordilleran's control so a delivery date is unknon.
Under 5.03.07, Industrial Operations, paragraph (2)(A), I would recommend that the applicant
also address steps that will be taken to control noxious weeds along the pipeline ROW.
Noxious weeds will be controlled along the entire ROW as stipulated in the BLM stipulations
attached to the Right-of-Way Grant. In addition, equipment will arrive on the right-of-way clean and
free of mud from other construction projects. After reclamation, monitoring and treatment of any
infested areas will be conducted as specified in the BLM stipulations.
If you have any questions regarding my comments, please let me know. Thanks.
Doug Dennison
Garfield County
Oil & Gas Liaison
mailto:ddennison@ garfield-county.com
(970) 625-5691
cell (970) 309-5441
fax (970) 625-0908
41612005
~
CORDILLERAN
Grand Junctior
T:
April 8, 2005
Fred Jarmin
Garfield County Pl a nning and Zoning
I 08 81
" Street, Suite 20 I
Glenwood Springs, CO 81601
Re: Crescendo Energy SUP item s
Fred,
RECEIVED
APR I I 2005
GA K r ti::LD COUNTY
BUILDING & PLANNING
The following is a li st of items from your April 5th e -mail request for further information:
1) R evegetation Plan for ROW
2) Water Contract with Ute Wat er Cons ervancy Dis trict
3) Permit from CDP HE regard ing site disturbance of 1-acre or greate r ·
4) Storm Water Management Plan (C DP HE)
5) Fire protection plan
6) Fugitive Dust Contro l Plan
7) Any Army Corp s permits
8) Surveyed schematic of ROW on private g round
Enclosed are copies of the following items from your request:
I) Re vegetation Plan for ROW
F: 9·,_----~
Exhibit B, Stipulations for Natural Gas Pipeline, ROW# COC68236, item 12 di scusses the reclamation
for the BLM tracts which will also be followed for the private property. Also attached is an excerpt
regarding revegetation from the Pl a n of Deve lopm ent for the pipeline.
2) Wa ter Contract with Ut e Wate r Conservan cy Di strict
There is no contract with Ute Water. The fi ll station is basically an h ono r system. Area resid e nt s fill
small pi c kup tanks and Crescendo's wate r hauling contractor till s a tanker truck at t he fill station. Users
report their usage a nd pay an invoice based on th at report.
3) Permit from CDPHE regarding s ite disturbance of I-acre or g reate r
Crescend o has re ceiv ed a Colorado Discharge Pe rmit for Stormwater. Enc losed is a copy of th e permit
letter.
4) Storm Water Manageme nt Plan (CDPH E)
Enclosed is a copy o f the Stormwater M anagement Plan.
5) Fire protection plan
Enclosed is a n excerpt from th e C resce ndo Energy Health and Safety Plan with respect to fire protectio n
and prevention.
Cordill e ran Compl ia nce Services, Inc.
Grand Junction , CO • Denver, CO • Casp er, WY• Laram ie, WY
Envir onm ental Con sult ing Engineers and S cientists
6) Fugitive Dust Control Plan
Crescendo received an exemption from the APEN permit from CDPHE. A copy of the letter is attached.
The ROW will be watered on a routine and as needed basis to control fugitive dust emissions during the
construction.
7) Any Army Corps permits
COE permits are being filed and as yet we have no documents to make copies of.
8) Surveyed schematic of ROW on private ground
Alignment sheets (2) of the east end of the pipeline are included in this package. These two sheets
combined cover the area of the Flanigan property. BLM and Flanigan property is clearly marked on the
two sheets.
Also attached are copies of the proof of publishing of the legal notice in the Glenwood Springs Pots
Independent and copies of the receipts for mailings to the land and mineral rights owners.
I look forward to the County Commissioners hearing on the April 18, 2005. lfthere is anything more you
need, as always, please feel free to call.
Sincerely,
CORDILLERAN COMPLIANCE SERVICES, INC.
s· ~
Senior Project Geologist
Attachments: as stated
Cc: Ken Krisa, Crescendo w/o attachments
file
Cordilleran Compliance Services, Inc.
Grand Junction, CO• Denver, CO• Casper, WY • Laramie, WY
Environmental Consulting Engineers and Scientists
Biii Owons. Governor
Oouglas H. Benevento, Executive Oltecrot
Dadlca1ed to protectln!'.J and lrnprovlng the health and environment of the psople of Colorado
4300 Choriy Creek Pr. S. Laboratory SeNlces Division
Denver, Colorado 80246-1530 ErlOO l..owry Blvd.
Phono (303) 692-2000 Denver, Colora<Jo 80230-6928
TDD Line (303) 691-7700 (303) 692-3090
Located In Olendala, Colorado
http:/!www.c~pho.state.co,us
February 11, 2005
Attn: Mr. Kenneth Krisa
. CRESCENDO ENERGY, LLC
1031 Androws Highway, Suite 211
Midland, TX 1970 I
' '· 1:. I'
i .. i· 11: ..
; ;(I
I ~ .
C~lorado Deportment
of Public Health
and Envlronmem i ·1 ••
I' i '·.'I, ACTION: APEN REQUIRED
i "} PERMIT EXEMPTED
I
Re: Pormit Applicatlon No.:05GA0036L for a land development projecl.
Dear Applicant:
The Air Pollution Control Division (the Division) has reviewedyouremissionpormitapplicationNo. 05GA0036L for
the following source, known as Entrada Pi po line, located at Sectioris 3, 9,8, 7 and 18 ofT8S, RI 04W, located in Garfield
County, Colorado: One(/) Overlot grading and the associated construction activities,
The above emission point is exempt from permitrequirements(Reference: Regulation No. 3, Part B, Section 11.D.3),
This exemption from permit requirements is issued in reliance upon the accuracy and completeness of information
supplied by the applicant and is conditioned upon construction, installation and operation in accordance with this
information and with roprcsentationsmade by the applicant or applicall!'s agents. Specifically, this exemption has been
granted provided that the following information is accurate and complete:
Uncontrolled actual PM/U emissions arc less than 5 Ions per year in an allainme11/ area
According to the Division's prelim inaryanalysis, this operation will result in the emission of the following air pollutants
on uncontrolled basis:
Particulate Matter (PM.o):
Particulate Matter (TSP):
1.89 tons per year,
3. 78 tons per year.
It should be noted that although exempted sources may not need air emission permits, they still are required to meet all
applicable standards and regulations of the Air Quality Control Commission, includir1g visible emin/011$ $/1u/l 1wt
exceed 10% op11clly and 1w ojfproperty mmsport guideline$ of Reg11/11tim1 No. I Section JIJ,D.Z.h.
Sincerely,
f~~
Paula Menten
Permit Engineer
Air Pollution Control Division
046/001311
ZOOIZOO'd Z8Z€# 68ZL L69 Sl6 lO'Ll SOOZ,ZZ'H3o
TERRAIN
R/W NO.
OllNERSHIP
RODS
SURVEY & ABSTRACT
COUNTY & STATE
STATIONING
I
.
.
J___j_ 521
I 5060
425 00
l
~
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:=:=E===:!:::::= =o!:=::: ! ~ :==:::I::==:'=:=:;::: :=E ::::::!:::: ::::i3=;::: ! :;: ::::E::=:::=:!= 3::::-=oi 9:= =:: ! = :ooE :::::: ::::::!:=::= ~:::: ;::::_;:::: ::::J=.=:: i :=:=F:O:::: ::::E:::: :::!:::::::: =: ::l=:=:i:= ::::E i:= ::::E:::::: =!=::; :==.:= ~ =: ~:::::;;: E ! :::: ::::E:= =!:::: ~ =='=:::: f ==p*:::::::::E ::I:=:::==:~::::::::!:::::::::=:~~ ::::oS; := =!=.=.:::: '3:::: =: i~ll! ! :::: :=E:=g:::::E:::::.=
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± b b--l d b...J '
REFERENCE DRAVitNGS
SUMMARY OF MAlERIAL
DESCRIPTION QUANTITY
CRESCENDO ENERGY
SHEET 8
CRESCENDO ENERGY
SAN ARROYO UNIT 6" PIPELINE
COLORADO-UTAH
'f--+----------·-----------+----+-------~~~~~--------j ~ ___ r----ALIGNMENT
" llR>.WN Bf·
(!ICCXCO CY
AP:>Rovrn SY·
OA!fo IC.oJl Fl(:
IOAl(o I
ISC~L[· 1· ~ 200' H I 1" • 200' V
-~-------------=--=--=--=--=---------""'++-l-l-+w-l=t===============-==---=--==--=--=--=--=--=tf:::._:::._:::._:::._:::._:j_ _ _c~===-='--'M=&oH="E~N~Tc'_"_"_"_'_"_'_._._'_NTCC.==-1 -~ Hau~ruM,TD'.-"~
~ ----------CD-xxxx-005 I r.('~~ior•
FIELD NOlES
TERRAIN
R/W NO.
OWNERSHIP
ROOS
SURVEY & ABSTRACT
COUNTY & STATE
STATIONING I
l
-~-~-~~-~~'e'l''°•1--~-~ 5450 --t--+-~_,'_ I ~ 5J10 I I I I I I ~ I I I 'I I . I I I : I I T~ i ---1 I I I I I I I I I I 5410 ~-~ ~t~ ~bi~~~~ ~~~~~-#-~~-~-~~~~~~-}~-~-~t= %~-~~~~-~-~-~-~-~~~~~~~~+i~~-~~-~-~-~~-~-~~-~-~ ·~~~~-~-;-~~ ~~~~~-¥-~~-~~-~ ~~ %-~ ~~~ ~-~~~ ~{-~ ~~H-~~~~-=~-*-~~~~~~~~~-~$~·~ ~ :~~~
--S 60 ' I 1 1 I I I I T T T T I I _:_ I I I I I I I ·-I I I I I ____! I I 5260
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~80+00
. ~ "<i 1ij' ~-=~
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485 00
I I I I I I I ' I I 1 I I I I I I I 5160
:b:\:=I: ''=--=I :=I :± :=I :I= =i ± I= =:j::I= ~ -:f __ i=:·-: ~=:!; =}_ .~! §""?,~--'~-'. ..... ~~ ~ :s ~ '£o;J e:= ;~::=i__ '£~ 5110
I I I ,--;· -I I I 1 ; I I J o o i _l__J j 5C60
490+00 495+00 500+00 505+00 510+00 515+00 520+00
-
------------------REFERENCE DRAWINGS
525+00 5MJ-t00 ~35+00
SUMMAAY OF MATERIAL
DESCRIPTION ==------QUANTITY St-tEET g
CRESCENDO ENERGY
CRESCENDO ENERGY
SAN ARROYO UNIT 6" PIPELINE
COLORADO-UTAH
~ -+--·-----------------------4----l----------------------l ~ ------------ALIGNMENT
" OIMWN llY:
CHCKCO 9Y;
.o.Pf'RO'ltD BY:
-"'-'o'""·~----+'"'''~"""~= -~ lo~n:;
ISC.OH I" ~ 200" II 1" -200' V
.-·=::_::::J=~::::::_::_::::_:::::::::::::::::::::::::::::::::::::::::==:!--\-+-j..j-;:;-{:::t:::::::::::::::::::::::::::::::::::::::::::::::::::~-=-=-=-=-=-=-=-=-=-=-=-=-=-:!::::__::_::_::_:::j,__c~~~~~~M~&=H~cE=N='='-"_"_"_'_s_•_s_,_'_"~c-. _ __, ~-~ HUU5!CN,TUAO
~ --+-------------------------+----CD-xxxx-005 I r.«
1s1
CN
AELD NOTES
Pol>. ' .
Vegetative mulch and excess rock will be used to reduce erosion potential on SLM-administered
lands by providing additional surface relief structure. Vegetative debris salvaged during clearing
and grading operations will be distributed across the right-of-way. Layering of rock may be used
on the surface of erodible soils in some critical areas to reduce erosion and restore appearance of
native surface. Suitable sites include naturally rocky slopes and areas that have a natural gravel,
cobble, or boulder veneer on the surface. Suitable sites will be determined by the Crescendo
Representative in conjunction with the BLM on SLM-administered lands.
On fee-lands, vegetation removed during clearing operations will be removed and rocks will be
removed from the right-of-way to approximate pre-construction conditions. Vegetation and
excess rock will be disposed of at a location determined by the landowner.
All existing improvements, such as fences, gates, irrigation ditches, and cattle guards, will be
maintained and repaired by the Contractor to at least pre-construction condition and to the
satisfaction of the landowner or BLM field representative to minimize disturbance to the public.
OHV barriers may be required by the BLM. Suitable sites will be determined by the Crescendo
Representative in conjunction with the BLM on SLM-administered lands.
3.7.5 Revegetation
Every attempt will be made to seed disturbed areas within 24 hours of completing topsoil
replacement and installation of permanent soil erosion and sediment control measures. If an area
is not seeded within 24 hours of topsoil replacement, the seed will need to be incorporated into
the soil.
All disturbed areas will be reseeded with the appropriate seed mix and rates by vegetation type as
determined by the BLM. Seed mixes will be purchased from commercial seed vendors and must
be state-certified weed-free mixtures. Seed bag tags will be collected and submitted to the BLM
and appropriate county to confirm that the seed was purchased from a commercial seed vendor
and was tested and certified. Seeding rate will be listed as pounds per acre of pure live seed
(PLS). The SLM-approved seed mixes for this project are listed in the stipulations attached to
the Right-of-Way Grant.
Seed will be placed in direct contact with the soil at an average depth of0.5-inches, covered with
soil, and firmed to eliminate air pockets around the seeds. Seed will be applied using a rangeland
seed drill with a seed release and agitation mechanism sufficient to allow seeds of various sizes
and densities to be planted at the proper seeding depth. Broadcast seeding will be employed only
in areas where drill seeding is unsafe or physically impossible. Broadcast application rates will
be twice that of drill rates. Immediately after broadcasting, the seed will be uniformly raked,
chained, or dragged to incorporate seed to a sufficient seeding depth. If the area is seeded prior to
a soil crust forming (within 24 hours of topsoil replacement), harrowing or raking may not be
necessary. Fall seeding would be completed after September I and prior to prolonged ground
frost. If necessary, spring seeding will be completed when the ground thaws and prior to May 15.
12
STATE OF COLORADO
Bill Owens, Governor
Douglas H. Benevento, Executive Director
Dedicated to protecting and improving the health and environment of the people of Colorado
4300 Cherry Creek Dr. S. Laboratory and Radiation Services Division
Denver, Colorado 80246-1530 8100 Lowry Blvd.
Phone (303) 692-2000 Denver, Colorado 80230-6928
TDD Line (303) 691-7700 (303) 692-3090
located in Glendale, Colorado
http://www.cdphe.state.co.us
January 27, 2005
Sean T. Norris, Sr Project Geologist
Crescendo Energy, LLC
1031 Andrews Highway Ste. 211
Midland, TX 79701
915/697-7221
RE: Final Permit, Colorado Discharge Permit System -Stormwater
Certification No: COR-037688, Garfield County
San Arroyo Natural Gas Pipeline Construction
Local Contact: Sean Norris, Sr Project Geologist, 970/ 263-7800
Anticipated Activity: 02/10/2005 through 04/10/2007
On 28 acres (28 acres disturbed)
Dear Sir or Madam:
Colorado Department
of Public Health
and Environment
Enclosed please find a copy of the permit certification that was issued to you under the Colorado Water Quality Control
Act.
Your certification under the permit requires that specific actions be performed at designated times. You are legally
obligated to comply with all terms and conditions of your certification.
Note that the stormwater permit for construction activities now covers construction sites dishlrbing down to one acre (the
previous threshold was 5 acres). Effective July l, 2002, any construction activity that disturbs at least 1 acre ofland (or is
part of a larger common plan of development or sale that will disturb at least I acre) must apply for permit coverage.
Please read the permit and certification. If you have any questions please visit our website at
http://www.cdphe.state.co.us/wq/permitsunit/wqcdpmt.html, or contact Matt Czahor at (303) 692-3575.
Sincerely,
!)l~o (()4 __
Kathryn D~~:i?>
Stormwater Program Coordinator
Permits Unit
WATER QUALITY CONTROL DIVISION
Enclosure
xc: Regional Council of Govenunents
Local County Health Department
District Engineer, Technical Services, WQCD
Permit File
Fee File
3.1 Fire Prevention/Precautions
This section provides a list of typical fire prevention and safety precautions that must be
evaluated and addressed as needed prior to starting the Hot Work.
3.1.1 Evaluate all areas within and adjacent to the work area (including areas behind
metal walls, partitions or roofs) for potential fire hazards such as tanks, vessels or
equipment that may contain (or formerly contained) flammable liquids, gas,
vapors, or dusts; (including spilled flammable materials); as well as other
combustible materials such as trash, rags, flooring, roofing, other building
materials, grass, shrubs, and trees that could come into contact with flames, heat
or sparks from the Hot Work activity.
3.1.2 All movable fire hazards shall be taken to a safe place away from the Hot Work
area.
3.1.3 Guards or shields shall be used to confine heat and sparks in situations where
the fire hazard cannot be removed from the Hot Work area.
3.1.4 The Hot Work activity shall be permitted only in areas that have been made fire-
safe. When it is not practical to move the work to a designated hot work area
(i.e. maintenance shop), the area shall be made safe by removing those
combustibles that can be moved or protecting immovable combustibles from
potential ignition sources by shields, guards or other appropriate/ effective
means.
3.1.5 Fire protection and extinguishing equipment shall be identified and maintained
at the Hot Work area while the work is underway and until the fire watch is
officially concluded.
3.1.6 A fire watch, by a designated person, will be maintained at the Hot Work job site
while the work is in progress and for a minimum of 30 minutes after the Hot
Work is stopped for any reason. The person designated as the fire watch is also
responsible for using appropriate instruments to monitor the work area for
hazardous atmospheres (explosive, toxic or oxygen deficient) as needed to
ensure that the Hot Work can be conducted safely.
3.1.7 When not in use for a substantial period of time, the valves to the torch of gas
welding or cutting equipment and the valve to the gas supply for the equipment
shall be closed.
3.2 Relocation of Combustibles
To the extent practicable, combustible materials located within 35 feet of the Hot Work
activity should be relocated as described below.
3.2.1 When practicable, all combustible materials shall be relocated to at least 35 feet
from the work site. Where relocation is impracticable, combustibles shall be
protected with flameproof covers or otherwise shielded with metal plates,
guards or curtains.
3.2.2 Combustible debris shall be swept/ cleaned from the area.
3.2.3 In situations where combustible materials such as paper clippings, wood
shavings, or textile fibers are on the floor, the floor shall be swept clean for a
radius of at least 35 feet. Floors constructed of, or covered with combustible
materials or coverings shall be kept wet, covered with damp sand, or protected
by fire resistant shields. Where floors have been wet down, personnel operating
electrical welding equipment or hand tools shall be protected from possible
electrical shock.
3.2.4 All flammable liquids, vapors, and gases shall be removed from the work area.
3.2.5 Fire resistant shields shall be used to protect combustible walls, flooring, ceilings
and roofs.
3.2.6 Flammable liquids and/ or vapors that cannot be removed from the area shall be
protected from flames, heat, and sparks.
3.2.7 Ducts and conveyor systems that could carry sparks to distant combustibles shall
be shielded or shut down.
3.2.8 If hot work is to be completed on one side of a metal wall, partition or roof,
precautions must be taken to identify and relocate/protect potential
combustibles located on the other side of the wall.
3.3 Venting, Purging and Decontamination
No Hot Work shall be performed on containers, tanks, drums, vessels cavities or other
hollow spaces until the following conditions have been met:
3.3.1 The interior and working surfaces of the item/ space must be cleaned so
thoroughly as to remove all flammable materials such as oil, condensate, grease,
tar, or other materials that when subjected to flames, heat, or sparks might
produce flammable or toxic vapors.
3.3.2 Any pipe, lines, or other connections to the item/ space shall be disconnected or
blanked shut.
3.3.3 The interior of the item/ space shall be vented to ensure the escape of air and/ or
gases before the Hot Work activities begin. Purging the interior of the
item/ space with an inert gas (nitrogen) is the recommended method.
General Fire Safety
The general fire safety policies described in this section describe the responsibilities of
employees and contractors and set forth the general fire safety rules and procedures.
D -All workers must immediately report fires, smoke, or potential fire hazards to the Fire
Department (dial 911).
D -All contractors engaged by Crescendo Energy must maintain their own fire safety plans and
procedures.
D -In general, it is not the responsibility of Crescendo Energy employees or contractors to fight
fires. If the fire is small and the worker is confident that it can be readily extinguished (i.e.
a smoldering trash can), then after calling 911 the workers should put the fire out.
D -As soon as the worker has any doubt concerning their ability to extinguish the fire, they
should evacuate the area and call 911.
D -All workers must conduct their operations in a manner that will minimize the possibility of
fire. This includes, but is not limited to the following:
• Storing combustible materials away from potential ignition sources;
• Identifying potential ignition sources in the vicinity of activities that involve
handling, transferring or transporting combustible materials;
• A void needless accumulations of combustible materials;
• Promptly disposing of combustible trash and wastes; and
• Smoking only in designated areas.
D -Supervisors are responsible for keeping their operating areas safe from fire.
D -The RSO and the Fire Department will provide guidance and construction criteria with
respect to fire and life safety as well as inspections.
D -The RSO is responsible for providing and maintaining fire detection systems and both
automatic and manual fire extinguishing equipment.
D -The on-site Supervisor, is responsible for notifying the RSO of changes in operations that
affect the degree of fire risk and will therefore require a change in the planned fire
protection provisions.
Fire Extinguishers
D -Portable fire extinguishers must be provided in adequate number and type and located
throughout the field well site locations.
D -Fire extinguishers must be mounted in readily accessible locations.
D -Fire extinguishers are recharged regularly and the date oflast inspection noted on their tags.
D -All workers must be trained and periodically instructed in the use of extinguishers and fire
protection procedures.
D -All employees and contractors are responsible for notifying the RSO of any damage to fire
protection equipment.
Fire Exits
D -Local building fire code, fire safety law and procedures apply to all Crescendo facilities.
D -Building or sheds constructed at field locations must comply with local fire regulations.
EXHIBIT
I 1'
MEMORANDUM
To: Fred Jarman
From: Steve Anthony
Re: Comments on the Crescendo Energy SUP
Date: April 6, 2005
Thanks for the opportun it y to comment on thi s permit.
My comm ents are as fo ll ows:
1. Noxious Weeds
A. It is requ es ted that the applicant res pond to any complaints by land ow ners e ith er private
or public , rega rdin g Garfield Count y and /or State of Colorado li sted no xious weeds in a
timely manner. Weed problem s on pipelines tend to occ ur after there is maintenance
activit y on a sec ti o n of pipeline and th e gro und ha s been di sturb ed. The Colorado
Noxiou s Weed Act and th e Garfield Co unty Weed Manageme nt Plan require
management of li sted noxious weeds.
2. Revegetation
A. Reve ge tati o n Secur it y-It is th e recommenda ti on of thi s department that th e app licant post
a revegetati on sec urit y fo r th e parts of the pipe lin e that is not o n Bureau of Land
Management property. Please quantify the disturbance in term s of ac res that wi ll be on
non-federal land. Once this information is prov id ed a security amo unt will be
dete rmi ned.
Th is may be in the form of a lett er of cred it , if deemed appropri ate by th e County
Attorney 's Office , or th e fund s by ma y be depos ited with th e Cou nt y Treasurer.
The secu rit y shall be he ld by Garfield Co unty until vege tati on has been s uccessfully
rees tabli shed accord in g to the Reclamation Standard s in th e Garfie ld County Weed
Manage me nt Plan.
The appl icant needs to provide information on the seed mi x that will be use d . Li st each
s pecies by sc ientific and commo n name. The app li cant s tates th at the BLM has or wi ll ,
approve seed mixe s for thi s pr oject; please forward a copy to our office.
B. Sed im ent Barriers
Any straw bales that are used as sed im ent barriers need to be ce rtifi ed as wee d-fr ee .
EXHIBIT
EXHIBIT B
STIPULATIONS for Natural Gas Pipeline, ROW # COC68236
1. The 6" steel pipeline shall be installed to industry
standards. The pipeline shall be buried 3' deep within the
25 ' right-of-way corridor, and 4' deep at road crossings.
An additio nal 25' temporary con struct ion width is also
authorized .
L
2. The operator shall contact the Grand Junction Field Office
representative , Carlos Sauvage, (970) 244-3022 , at least 48
hours prior to commencing construction of the pipeline. The
holder shall also request a preconstruction conference with
the authorized officer at least 21 days prior to the
commencement of construction under thi s grant. One purpose
of this conference i s to determine if any special conditions
will be required to limit environm ental damage or insure
surface stability. Another purpose is to identify any
temporary use areas.
3. The operator is responsible for informing all persons in the
area who are associated with this project that they will be
subject to prosecution for knowingly disturbing historic or
archaeological sites, or for co llecting artifacts or
fossils . Upon discovery, the operator will immediately
bring to the a ttention of the Grand Junction Resource Field
Office Manager any and all antiqu i ties or other objects of
historic or scientific interest including, but not limited
to, historic or prehistoric ruins , artifacts , or fossils
discovered as a result of operations under this permit. The
operator will immediately suspend all activities in the aFeac--~--~~
of the object and will leave such discoveries intact until
told to proceed by the Field Manager. Notice to proceed
will be based upon evaluation of t h e cultural significance
of the object. Evaluation will be by a qualified
professional selected by t h e Field Manager from a Federal
agency insofar as practical. Wh en not practical, t h e
operator will f ol l ow the mitigation requirements set forth
by the Field Manager concerning protection, preservation, or
disposit i o n of any sites or material discovered . Within 5
working days the Field Manager will inform the operator as
to :
whether the materials appear eligible for the National
Register of Historic Places;
the mitigation measure(s) the operator will likely have
to undertake before the site can be used (assuming in
situ preservation is not necessary); and ,
a time frame for the Field Manager to complete an
expedited review under 36 CFR 800.11 to confirm,
through the State Historic Preservation Officer, that
the findings of the Field Manager are correct and that
mitigation is appropriate.
If the operator wishes, at any time, to relocate activities
to avoid the expense of mitigation and/or the delays
associated with this process, the Field Manager will assume
responsibility for whatever recordation and stabilization of
the exposed materials may be required. Otherwise, in those
situations where the Field Manager determines that
mitigation, data recovery and/or salvage excavations are
necessary, the operator will bear the cost. The Field
Manager will provide technical and procedural guidelines for
the conduct of mitigation. Upon verification from the Field
Manager that the required mitigation has been completed, the
operator will then be allowed to resume construction.
4. The operator shall obtain an agreement with any existing
rights-of-way holders prior to any disturbance or
construction of pipeline across or adjacent to any existing
right-of-way.
5. When saturated soil conditions exist on or along the
pipeline route, construction shall be halted until soil
material dries out or is frozen sufficiently for
construction to proceed without undue damage and erosion to
soils.
6. All surface disturbance shall be limited to the minimum
necessary to complete pipeline construction. All
construction activities and surface disturbance shall take
place within the width of the temporary 25' right-of-way
construction corridor and identified temporary use areas,
and the adjacent permanent 25' pipeline right-of-way. The
exterior limits of the construction shall be flagged on the
ground as necessary to prevent disturbance outside of the
right-of-way.
7. The holder shall insure that all construction and
maintenance equipment is washed prior to use to insure
removal of weed seeds and their potential transfer to the
ROW area. The holder shall monitor the ROW for the presence
of weeds which are included on the County noxious weed list.
After consulting with the authorized officer, the holder
shall control weed infestations which have resulted from the
holder's construction, operation, maintenance or use of the
ROW. If chemical control is necessary, use of pesticides
shall comply with the applicable Federal and State laws.
Pesticides shall be used only in accordance with their
registered uses and within limitations imposed by the
Secretary of the Interior. Prior to the use of pesticides,
the holder shall obtain from the authorized officer written
approval of a plan showing the type and quantity of material
to be used, the weed (s) to be controlled, method of
application, location of storage and disposal of containers,
and any other information deemed necessary by the authorized
officer. Emergency use of herbicides shall be approved in
writing by the authorized officer prior to such use.
8. The holder shall comply with all applicable Federal laws and
regulations existing or hereafter enacted or promulgated.
In any event, the holder shall comply with the Toxic
Substances Control Act of 1976, as amended (15 U.S.C. 2601
et seq.) with regard to any toxic substances that are used,
generated by or stored on the ROW or on facilities
authorized under this ROW grant (see 40 CFR, Part 702-799
and especially, provisions on polychlorinated biphenyls, 40
CFR 761.1-761.193). Additionally, any release of toxic
substances (leaks, spills, etc.) in excess of the reportable
quantity established by 40 CFR, Part 117 shall be reported
as required by the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, Section 102b. A
copy of any report required or requested by any Federal
agency or State government as a result of a reportable
release or spill of any toxic substances shall be furnished
to the authorized officer concurrent with the filing of the
reports to the involved Federal agency or State government.
The holder shall comply with applicable State standards for
public health and safety, environmental protection and
siting, construction, operation and maintenance, if these
State standards are more stringent than Federal standards
for similar projects.
9. Pipeline warning signs shall be installed within five days
of construction completion and prior to use of the pipeline
for transportation of product. Pipeline warning signs are
required at all road crossings, and shall be visible from
sign to sign along the R/W. For safety purposes each sign
shall be permanently marked with the operator's name and
shall clearly identify the owner (emergency contact) and
purpose (product) of the pipeline.
10. Special fire control stipulations may be in affect depending
on when construction takes place. The grant holder shall
coordinate with the BLM Authorized Officer and comply with
any applicable fire control measures.
11. All trash shall be confined in a
hauled to an approved landfill.
not approved.
covered container and
Burning of waste or oil is
12. All areas of surface disturbance shall be recontoured to
blend with the adjacent natural terrain and shall be seeded
with the following mixture. Application rates are for pure,
live seed (PLS). Seed tags must be submitted to the BLM
representative, Carlos Sauvage, within 30 days of seeding.
See application rate below:
Species
Paloma Indian Ricegrass
Russian Wildrye
Nordan Crested Wheatgrass
Forwing Saltbush
Shadscale
Total
Application Rate
lbs. /Acre PLS
2.7
3.2
3.2
2.0
2.0
13.1
Prepare seedbed by contour cultivating four to six inches
deep. Drill seed Y, to 1 inch deep following the contour.
In areas that cannot be drilled, broadcast seed at 1.5 times
the application rate and cover Y, to 1 inch deep with a
harrow or drag bar.
Recontouring and seedbed preparation shall be completed
prior to seeding. Seeding must be completed after August 15
and prior to November 1. The disturbed area is considered
to be satisfactorily reclaimed when:
A. Soil erosion resulting from the operation has been
stabilized.
B. A vegetative cover at least equal to that present
prior to disturbance, and a plant species
composition at least as desirable as that present
prior to disturbance has been established.
Establishment of all the species in the seed
formula will be considered as meeting the
composition/desirable species criteria.
Additional work will be required until these
conditions are satisfied.
13. The holder shall comply with all County, State, and Federal
(404 Permit) resolutions, regulations and permit
requirements.
14. Cross-drainage rolling dips (water bars) shall be installed at
intervals determined through consultation with the authorized
officer. In the absence of such consultation, the following
intervals shall be used: on slopes of 1 to 4 percent, every
500 feet; on slopes of 5 to 12 percent, every 250 feet; on
slopes of greater that 12 percent, every 100 feet. Slope of
the waterbar on the contour shall be 2 percent, and turnout
shall be into erosion resistant material. Alternate methods of
erosion control may be utilized after consultation with
reclamation specialists and approval by the authorized officer.
15. Vegetation clearing is prohibited between May 15 and July 15
to protect nesting migratory birds. Work may proceed if
vegetation clearing has been done before May 15. All
clearing and construction activities are prohibited between
March 15 and July 15 if Ferruginous Hawks are actively
nesting within ~ mile of the pipeline route. Holder is
responsible for hiring a professional Ferruginous Hawk
surveyor (to be approved by the BLM authorized officer) If
work commences before March 15 and if the work is
uninterrupted, it may continue into the March 15-July 15
period.
16. Silt fences shall be used at drainage crossings. At
locations where the pipeline crosses slopes greater than 5
percent, other surface stabilization measures may be
required, such as straw waddles. Construction turnout
locations shall be located to minimize surface rehabilitation
issues. A field inspection shall be conducted with the
Authorized Officer at least 14 days prior to the beginning of
construction to determine surface reclamation locations and
requirements as discussed above.
TO
FROM
DATE
RE
)
MEMORANDUM
Board of County Commissioners
Building and Planning Department, Fred Jarman
March 81h, 2005
Referral of Special Use Permit for "Material Handling of Natural
Resources"
I. BACKGROUND
The Building and Planning Department received a Special Use Permit (SUP) application
for "Material Handling of Natural Resources" to install a high pressure 6-inch pipeline
(gathering line) to convey unprocessed natural gas from the San Arroyo Plant in Utah to
the South Canyon Compressor Station in Garfield County. The entire proposed pipeline
is 10.2 miles long with half of the line being in Utah and the other half in Garfield
County. Of the portion in Garfield County, approximately 5,000 linear feet crosses one
private property with the remaining portion being located on BLM land. The pipeline will
be installed in an existing pipeline corridor.
The proposed route that crosses private property is a property owned by the Flannigan
Family which is zoned Agricultural I Residential/ Rural Density (ARRD). The necessary
right-of-way (ROW) grants across BLM and an easement across the private property
have already been obtained and submitted with the application. It is for this segment
crossing private property that a SUP is sought for "Material Handling of Natural
Resources" and is the subject of the application. For your reference, the County's zoning
map below shows the location of the subject property which is located in the far
southwest corner of the County outlined with a black box.
Staff has attached to this cover memorandum the textual portion of the application along
with a map of the area where the proposed gathering line is to be located for your initial
review to determine whether or not the Board prefers to refer the application to the
Planning Commission.
IL REGULATORY AUTHORITY
Section 9.03.04 of the Zoning Resolution of 1978, as amended requires that Special Use
Permit applications be initially brought to the Board so that the Board may determine if a
recommendation from the Planning Commission is necessary.
Ill. STAFF RECOMMENDATION
Due to the extreme remote location of the pipeline location, limited nature of potential
impacts, non-existence of residential dwellings within at least five miles of the pipeline,
the location within an existing pipeline corridor, and the fact that the property is entirely
surrounded and isolated by very large tracts of BLM land, Staff recommends the Board
direct Staff to schedule a public hearing for the Board and not refer the matter to the
Planning Commission.
I If <I /,>v V~' ·)vY'J
~I (~ ~l)