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HomeMy WebLinkAbout4.0 Resolution 2006-88I llllll 1111111111111111111111111111111 111 '1 lllll llll llll 704364 0S/15/2006 10:05A 81831 P:.~0 M ALSDORF 1 of 10 R 0.00 D 0.00 GARFIELD COUNTY CO STATEOFCOLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood Springs on Monday, April 18, 2005, there were present: ~Jo=h=n~M==a=rt~in"-----------------' Commissioner Chairman =L=arr~v~M~cC=o~w~n _______________ , Commissioner =T=re=s=i=H=o=u~p~t ----------------'Commissioner =D'-"o"'n'-'D"-e=F~o"'r=d ________________ , County Attorney =M=i=ld=r=ed~A=ls=d=o=rf~--------------' Clerk of the Board =E=d~G=r=e=en~-----------------' County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 2006-82 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR A 6-INCH NATURAL GAS GATHERING PIPELINE FOR CRESCENDO ENERGY, LLC WHEREAS, the Board of County Commissioners of Garfield County, Colorado, received a Special Use Permit (SUP) request for "Pipeline" submitted by Crescendo Energy, LLC to install a 1.0 mile long 6-inch natural gas pipeline located in Township 8 South and Range 104 West near West Salt Creek off of County Road 201 (Baxter Pass Road); and WHEREAS, the proposed natural gas pipeline requires a Special Use Permit for "Material Handling of Natural Resources" as it is located in the ARRD zone district; WHEREAS, the proposed pipeline is 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; and WHEREAS, the Board of County Commissioners opened a public hearing on the I 8'h day of April, 2005 upon the question of whether the above-described SUP for a 11111111111111111111111111111111111111 1111 11111111111111 704364 0B/15/2006 10:05R 81831 P~..1 M RLSDORF 2 of 10 R 0.00 D 0.00 GRRFIELD COUNTY CO pipeline should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said SUP; and WHEREAS, the Board of County Commissioners closed the public hearing on the l 81h day of April, 2005 to make a final decision; and WHEREAS, the Board of County Commissioners on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of facts: I. That proper publication, public notice, and posting was provided as required by law for the hearings before the Board of County Commissioners. 2. That the public hearing before Board of County Commissioners was extensive and complete; all pertinent facts, matters and issues were submitted; and that all interested parties were heard at those hearings. 3. The proposed special use permit conforms to Sections 3.02.03, 5.03, 5.03.07 and 5.03.08 of the Garfield County Zoning Resolution of 1978, as amended. 4. The proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that based on determination of facts set forth above, the SUP request for "Pipeline" is approved for the installation a 1.0 mile long 6-inch natural gas pipeline 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 201 to the County Building and Planning Department. 3. The Applicant shall ensure that copies of the following plans are kept at the work site during the entire constmction of the pipeline: a. Fugitive Dust Control Plan; b. Stormwater Management Plan; and c. Fire Prevention and Suppression Plan d. Emergency Response Management Plan 11111111111111111111111111111 llll llllll 11 1 ,111111111111 704364 08/15/2006 10:05R 81831 P9L~ M RLSDORF 3 of 10 R 0.00 D 0.00 GARFIELD COUNTY CO 4. 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 pmtion 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. 5. Because weed problems on pipelines and their revegetated corridors tend tt• 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. 6. 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. These tags shall be submitted to the County Vegetation Manager. 7. Prior to the issuance of the Special Use Permit, the Applicant shall post a revegetation security 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. 8. 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. 9. 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 Corps of Engineers: Nationwide or other applicable Permit 1111111111111111111111111111111111111r 1 11 11111111111111 704364 08/15/2006 10:0SR 81831 P~23 M RLSDORF 4 of 10 R 0.00 D 0.00 GRRFIELD COUNTY CO ;.'' 10. 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. 11. The conditions listed in the document entitled "STJPULA TIO NS 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. Dated this 1/ 7 h., 1-r day of ft7sY: A.D. 2005. .ATTEST: COUNTY OF GARFIELD BOARD COMMISSIONERS, GARF COUNTY, COL Upon motion duly made and seconded the foregoin esolutio was a opted y the following vote: John Martin , Aye Larry McCown e Tresi Hou t , Aye 11111111111111111111111111111111111111, 11i lllll llll llll 704364 08/15/2006 10:05R 81831 P924 M RLSDORF 5 of 10 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) I, , County Clerk and ex-officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this __ day of , A.D. 2006 County Clerk and ex-officio Clerk of the Board of County Commissioners I llllll lllll 111111111111111111111111111111 :JI 11111111 704364 08/15/2006 10:05A 81831 P925 M ALSOORF 6 of 10 R 0.00 D 0.00 GARFIELD COUNTY CO 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 additional 25' temporary construction width is also authorized. 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 pr~or to the commencement of construction un~er this grant. One purpose of this conference is to determine if any special conditions will be required to limit environmental 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 collecting artifacts or fossils. Upon discovery, the operator will immediately bring to the attention of the Grand Junction Resource Field Office Manager any and all antiquities 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 area 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 the cultural significance of the object. Evaluation will be by a qualified professional selected by the Field Manager from a Federal agency insofar as practical. When not practical, the operator will follow the mitigation requirements set forth by the Field Manager concerning protection, preservation, or disposition 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, .1111111.11111111111111111111111111111r"' 1111111111111111 704364 08/15/2006 10:05R B1831 P926 M RLSDORF 7 of 10 R 0.00 D 0.00 GRRFIELD COUNTY CO 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 copstruction. ' 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 111111111111111111111111111111111111111 111 1111111111111 704364 08/15/2006 1el: 05A 81831 P>._ / M ALSDORF 8 of 10 R 0.00 D 0.00 GARFIELD COUNTY CO 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 Comprehensi~e 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. 1111111111111111111 11111111111111111111111 111111111 1111 704364 08/15/2006 10:05A 81831 P! 1M ALSDORF 9 of 0 10 R' 0.00 D 0.00 GARFIELD COUNTY CO 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 ~ to 1 inch deep following the contour. In areas that cannot be drilled, broadcast seed at 1.5 times the application rate and cover ~.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 consultatioh with reclamation specialists and approval by the authorized officer. 111111111111111111111111111111111111111111 ·~11111111111 704364 08/·15/2006 10: 05A 81831 P92., M ALSDORF 10 of 10 R 0.00 D 0.00 GARFIELD COUNTY CO 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 conduqted with the Authorized Officer at least 14 days prior to the beginning of construction to determine surface reclamation locations and requirements as discussed above.