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Home My WebLink About3.0 Permit■Ilih'AP1'41M4101I114!Diri.1 11'G:1;0,AI,«,10111 II III Reception#: 824768 09/27/2012 03:17:50 PM Jean Alberico 1 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO LAND USE CHANGE PERMIT FOR DEVELOPMENT OF THE MID -AMERICAN PIPELINE, WESTERN EXPANSION II FOR TRANSPORTATION OF NATURAL GAS LIQUIDS IN A 16", 25 MILE LENGTH OF PIPELINE FROM RIO BLANCO COUNTY TO MESA COUNTY IN THE VICINITY OF BAXTER PASS AND COUNTY ROAD 201 IN WESTERN GARFIELD COUNTY In accordance with and pursuant to the provisions of the Garfield County Unified Land Use Resolution of 2008, as amended, and the attached decision by the Director of Building and Planning who hereby authorizes, by Land Use Change Permit, the following activity: PIPELINE DEVELOPMENT The Land Use Change Permit is issued subject to the conditions set forth in the attached Director Determination, and shall be valid only during compliance with such conditions and other applicable provisions of the Garfield County Unified Land Use Resolution of 2008, as amended, Building Code, and other regulations of the Board of County Commissioners of Garfield County, Colorado. BUILDING AND PLANNING DEPARTMENT GARFIELD COUNTY, COLORADO Fred A. Jarman, AIC FILE NUMBER PDPA7209 1111111 4 N iilli,G01H ,h1Vilf.„I1h1+411%411'1W'110.Ellill 1111 Reception#: 824768 09/2712012 03:17:50 PM Jean Rlberico 2 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Garfield County May 25, 2012 BUILDING & PLANNING DEPARTMENT Phil Vaughan Phil Vaughan Construction Management, Inc. 1038 CR 323 Rifle, CO 81650 phil@pvcmi.com DIRECTOR DETERMINATION -- Mid-America Pipeline, WEP II Garfield County File Number PDPA7209 Dear Mr. Vaughan, This letter, and the attached staff report, is provided as notification that your request for a Land Use Change Permit for a ¢25 -mile land, 16” natural gas liquids pipeline in western Garfield County has been reviewed and the Director hereby issues a determination conditionally approving the requested permit. Conditions of approval are: 1. All representations made in the submittal materials, compiled by Phil Vaughan Construction Management, Inc. (PVCMI) in a three -volume set of binders dated April 2012, shall be considered conditions of approval unless otherwise amended by this decision. 2. Pipeline operations shall be located in a manner to minimize their visual impact and disturbance of the land surface. Facilities shall be painted in a uniform, non -contrasting, non -reflective color, to blend with the adjacent landscape. Right-of-way shall be located in existing disturbed areas unless safety or visual concerns or other adverse surface impacts clearly dictate otherwise. 3. Prior to issuance of the Pipeline Development Permit the Applicant shall provide the County with a bond in the amount of $548,125.00 due to the disturbance of 21925 acres for construction of the pipeline. 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. 4. Prior to issuance of the Pipeline Development Permit the Applicant shall provide the County copies of the Right -of -Way Grant and Notice to Proceed from the BLM. 108 Eighth Street, Suite 401 o Glenwood Springs, CO 81601 (970) 945-8212 ® Fax: (970) 384-3470 1111hri"s11117iSIC1441 Mil 11111 Receptionf: 824768 09/27/2012 03:17:50 PM Jean Alberico 3 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 5. Prior to issuance of the Pipeline Development Permit the Applicant shall provide the County with the Army Corps of Engineers Nationwide #12 Permits as required for disturbance to Waters of the United States. 6.. Prior to issuance of the Pipeline Development Permit the Applicant shall provide the County with Utility Permits related to road crossings on CR 201 (Baxter Pass Road). 7. Prior to issuance of the Pipeline Development Permit the Applicant shall provide the County with a copy of the APEN Fugitive Dust permit from CDPHE. 8. All vehicles working within Garfield County Rights -of -Way will be licensed and registered in the State of Colorado. All vehicles hauling equipment and materials for the pipeline construction will abide by Garfield County Road & Bridge Departments oversize/overweight regulations. 9. Recommendations to minimize impact on historic sites contained in the Western Archeological Services File Search and Inventory Report, dated March 14, 2012, shall be considered conditions of approval. At minimum the following measures shall be utilized with regard to potential historically significant sites: A. A blading monitor and Open Trench Inspection (OTI) shall occur for the entire pipeline due to the number of known historic sites along the pipeline route and in the general vicinity. B. Site-specific mitigation measures shall include; I. Site No. 5GF640, Historic Ranch on BLM and Private Land —A barricade fence shall be installed in area of Feature 4 in addition to blade monitoring and OTI; II. 5GF642.11, Uintah Railroad on BLM and Private Land — Restrict construction to existing disturbance, re -contour and revegetate; III. 5GF740, Historic Water Pipeline on BLM and Private Land — Recommendations pursuant to the White River Field Office of the BLM; IV. 5GF1562, Historic Carbonera Townsite on Private Land — Restrict construction to existing disturbance, re -contour and revegetate; V. 5GF4653, Historic Irrigation Ditch on BLM and Private Land — Re - contour and revegetation ditch; VI. 5GF4660, Historic Irrigation Ditch on BLM — Restrict construction to existing disturbance and fence ROW; VII. 5GF4667, Historic Irrigation Ditch on Private Land - Re -contour and revegetation ditch, possible bore under ditch; VIII. 5GF4668, Historic Windella Water Tower on Private Land — Drop northwest corner of the TUA; IX. 5GF4669, Historic Homestead and prehistoric lithic scatter on Private Land — Restrict construction to existing disturbance and fence ROW; 1111 I '. P Ai r4.4Y14IR I 'IW ( 11111 Reception#: 824768 09/27/2012 03:17:50 PM Jean Rlberioo 4 of 5 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO X. 5GF4671, Historic Irrigation Ditch on BLM and Private Land — Re - contour and revegetate ditch. 10. Recommended mitigation measures contained in the Biological Resources and Sensitive Areas Report prepared by WestWater Engineering, dated January 2012, shall be considered conditions of approval as itemized below: A. If construction activities take place during future nesting season, a subsequent raptor survey shall be required. Timing limitations for construction activities should be applied to active raptor nests as outlined in the BLM WRFO Resource Management Plan (BLM 1997) and the BLM GJFO Resource Management Plan (BLM 1986). B. Brush/tree clearing should occur after mid-to-late July to minimize impacts to nesting sites. C. Solid waste management practices to minimize potential human -black bear interactions shall be implemented in the project. D. Wildlife -friendly fencing shall be implemented in the project including a maximum height of 42 -inches with 12 -inch spacing between the top two wires will minimize conflict. 11.Applicant shall use Colorado Department of Agriculture certified weed -free bales for any straw or hay bales used on the site. 12.Any equipment used in construction or operation of a pipeline shall comply with the Colorado Oil and Gas Conservation Commission Rules and Regulations, Section 802, Noise Abatement. Additionally, all power sources used in pipeline operations shall have electric motors or muffled internal combustion engines. 13.Once the construction of the pipeline is completed the Applicant shall provide the County Geographic Information System (GIS) analyst with a digital alignment of the pipeline in a format readable to the County. 14.In no case shall an operator engage in activities which impact Federal or State threatened and endangered species. 15.Air contaminant emissions shall be in compliance with the applicable permit and control provisions of the Colorado Air Quality Control Program, Title 25, Resolution 7, C.R.S. 16.AII operations shall comply with all applicable Federal and State Public Health and Environment, Noise, and Air and Water Quality Control standards. 17. Facilities shall be painted in a uniform, non -contrasting, non -reflective color, to blend with the adjacent landscape. Right-of-way shall be located in existing VIII 101 .6 P:1,1051,1", mrII II II I Reception#: 824768 09/27/2012 03:17:50 PM Jean Alberico 5 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO disturbed areas unless safety or visual concerns or other adverse surface impacts clearly dictate otherwise 18. Should the pipeline be abandoned and removed, it shall be subject to the original revegetation and weed management requirements in the application. The Applicant has seven (7) calendar days to appeal the conditional approval of the pipeline. Further, this information will be forwarded to the Board of County Commissioners for a fourteen (14) day review period. If no request for appeal or call-up is received within these timeframes the determination will be final and a Land Use Change Permit can be issued upon compliance with conditions of approval. Feel free to contact myself or Kathy Eastley, the staff planner, if you have any questions regarding this decision. Sincerely, Fred A. Jarman, AICP Director of Building and Planning Attachment Cc: BOCC File