HomeMy WebLinkAboutMAPL-WEPII-GarfieldCty-PipelineDevelopmentPlanAppFormGARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfield-county.com
PIPELINE DEVELOPMENT PLAN
PIPELINE DEVELOPMENT PLAN AMENDMENT
(Check the box that applies)
GENERAL INFORMATION (Please print legibly)
> Name of Pipeline Owner: Mid-America Pipeline Company, LLC
➢ Mailing Address: 1100 Louisiana Street Telephone: (970 ) 243-0510
> City: Houston State: TX Zip Code: 77002 Cell: (970 ) 261-6305
➢ E-mail address:aslopez@eprod.com FAX: ( )
➢ Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc):
➢ PVCMI- Land Planning Division
> Mailing Address: 1038 County Road 323 Telephone: (970 )625 5350
➢ City: Rifle State: 00 Zip Code: 81650 Cell: (970 )379-0428
➢ E-mail address:phil@pvcmi.com FAX: (970 )625-4522
> Description of Project: Construction of an 25 mile (approx) long 16 inch diameter natural gas
liquids pipeline. This is a portion of the entire 95.30 mile pipeline.
)=-General Location of Pipeline (Right -of -Way): The pipeline will extend through the North
side of Garfield County in Section 6, T5S, R103 W to the South side of Garfield County in Section 16,
T8S, R104W.
➢ Diameter and Distance of Pipeline: Approximately 25 miles of 16 inch diameter pipeline
)=. General Legal Description: Please see Tab 5 of the application for legal exhibits/agreements
➢ Existing Use: Natural Resources Development
➢ Pipeline ROW Distance (in acres) 219.25 acres
➢ Zone District: Resource Lands and Public Lands
Last Revised 1/1/09
I. APPLICABILITY
Pursuant to Section 9-102 of Article IX of the County's Unified Land Use Resolution of
2008, the Board of County Commissioners regulates Pipelines that are:
1) Greater than 12 " in diameter and over two (2) miles in length; or
2) Any pipeline more than five (5) miles in length, proposed to be located in the
unincorporated area of Garfield County.
A Pipeline Development Plan approval is required prior to the issuance of any County
permit with pipeline operations. However, pipeline operations which do not require a
building or other associated County permit must still obtain a Pipeline Development Plan
approval under this resolution.
II. SUBMITTAL REQUIREMENTS
As a minimum, specifically respond to all the following items below and attach any additional
information to be submitted with this application:
1. Submit a completed and signed Application Form, an application fee, and a signed
Agreement for Payment form. (Submit eight copies of the proposed development plan
with the completed application form to the Building and Planning Department.)
2. Submit a cover letter explaining the purpose of the application including the pipelines,
length and diameter, pipeline commodity, and the general description of the pipeline
route. Attach any supporting materials that address the standards and criteria found in
Article IX of the Unified Land Use Resolution of 2008.
3. Submit a letter from the pipeline ROW owner(s) if the owner is being represented by
another party other than the owner. If the property is owned by a corporate entity (such
as an LLC, LLLP, etc.) Please submit a copy of recorded "Statement of Authority"
demonstrating that the person signing the application has the authority to act in that
capacity for the entity.
4. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing
the subject property and all public and private landowners adjacent to your property
(which should be delineated). In addition, submit a list of all property owners, private
and public, and their addresses adjacent to or within 200 ft. of the proposed pipeline
ROW. This information can be obtained from the County Assessor's Office. You will
also need the names (if applicable) of all mineral interest owners of the subject
property, identified in the County Clerk and Recorder's records in accordance with §24-
65.5-101, et seq.
5. Vicinity map: An 8 1/2 x 11 vicinity map locating the parcel in the County. The vicinity
map shall clearly show the boundaries of the subject property and all property within a
3 -mile radius of the subject property. The map shall be at a minimum scale of 1 "=2000'
showing the general topographic and geographic relation of the proposed pipeline to
the surrounding area for which a copy of U.S.G.S. quadrangle map may be used.
6. A copy of the Pre -Application Conference form from the original Pre -Application
Conference.
7. Proof of Ownership
A. For individual pipeline right-of-ways, submit a diagram showing adjacent properties and
the approximate location of buildings and their uses within a distance of 350 feet of any
proposed structure, facility, or area to be disturbed. This may be drawn at a smaller
scale than the site plan.
B. For an area plan, the map will show the property boundaries and ownership information
for all private and public property included in the development area.
8. Notice to Surface Owners. Provide evidence of surface owner notification and of
surface use agreements where the surface owner is not a party to the mineral lease.
9. Regulatory Permit Requirements. Submit a table indicating the permit agency (local,
state, federal) name, permit action driving task and the task to be performed to obtain
the permit, prior to issuance of the permit by the County.
10. Primary Project Participants. Include the names, address and phone numbers of the
company representative, company and individual acting as an agent for the company,
construction company contacts, and federal and state agency contacts.
11. Project Facilities. Identify any permanent project facilities such as permanent right-of-
way, widths, meter stations, compressor stations, valve sets, etc. Also indicate any
temporary right-of-way, staging areas, width during construction, construction facilities,
etc.
12. Construction Schedule. Indicate the estimated start and end dates for construction,
days of the week in which construction will occur, hours of day during which
construction will occur.
13. Sensitive Area Survey: List the types and areas of concern within and adjacent to the
pipeline right-of-way, such as: sensitive plant populations; identified cultural,
archeological and paleontological resources; and wetlands identified during pre -
construction environmental surveys. This rule does not apply in previously disturbed
corridors or rights-of-way and/or areas permitted by the Colorado Oil and Gas
Conservation Commission.
14. Revegetation Plan.
1. Submit a plant material list. Be specific, scientific and common names are
required. Include application rate in terms of pure live seed (PLS) per acre.
2. Submit a planting schedule that includes timing, methods, and mulching.
3. Provide a revegetation security. A security may be required if, in the
determination of the County Vegetation Management, the proposed project has:
a) A potential to facilitate the spread of noxious weeds
b) A potential to impact watershed areas.
c) A potential for visual impacts from public viewing corridors.
d) Steep slopes (15% or greater) or unstable areas.
e) Disturbs large area (Half an acre or greater)
4. The revegetation security will be in an amount to be determined by the County
Vegetation Management that will be site-specific and based on the amount of
disturbance. The security shall be held by Garfield County until vegetation has
been successfully reestablished, or for a period of time approved by the County
Vegetation Management in any specific land use action, according to the
Reclamation & Revegetation Standards Section in the Garfield County Weed
Management Plan. The County Vegetation Management will evaluate the
reclamation and revegetation prior to the release of the security.
15. Weed Management Plan. A weed management plan for all Garfield County listed
noxious weeds and State of Colorado listed noxious weeds that are targeted by the
Commissioner of Agriculture for statewide eradication.
16. Emergency Response Plan. Include a fire protection and hazardous materials spills
plan, which specifies planned actions for possible emergency events, a listing of
persons to be notified of an emergency event, proposed signage, and provisions for
access by emergency response teams. The emergency plan must be acceptable to the
appropriate fire district or the County Sheriff, as appropriate. The plan shall include a
provision for the operator to reimburse the appropriate emergency service provider for
costs incurred in connection with emergency response for the operator's activities at
the site.
17. Traffic Impact. For construction traffic on county roads, indicate the anticipated types of
vehicles, number of each type, anticipated number of trips per day per each type,
county roads to be used, and percentage of the construction traffic that will travel on
each listed county road.
18. Staging Areas. Indicate the general location of the staging areas required for pipeline
construction.
19. Hydro -test Water. Indicate the quantity of water required, source of water and the
disposition of the water after testing.
III. REVIEW STANDARDS
Pipeline Development Plans will only be approved if they have adequately met the
following standards as required in Section 7-815. The Application should specifically
respond to each of the following standards:
1. Right-of-way and any associated facilities shall be located along the perimeters of
surface property ownerships and not within areas of agricultural crop production as
a general guide. Non -perimeter locations will be acceptable if the surface owner
agrees and there is no adverse impact on adjacent properties.
2. Any equipment used in construction or operation of a pipeline must comply with the
Colorado Oil and Gas Conservation Commission Rules and Regulations, Section
802, Noise Abatement.
a. For any pipeline construction or operational facility that will have a
substantial impact in adjacent areas, additional noise mitigation may be
required. One or more of the following additional noise mitigation measures
may be required:
1. Acoustically insulated housing or covers enclosing any motor or engine;
2. Screening of the site or noise emitting equipment by fence or
landscaping;
3. A noise management plan specifying the hours of maximum noise and
the type, frequency, and level of noise to be emitted; and
4. Any other noise mitigation measures required by the COGCC.
b. All power sources used in pipeline operations shall have electric motors or
muffled internal combustion engines.
3. Pipeline operations shall be located in a manner to minimize their visual impact and
disturbance of the land surface.
a. The location of right-of-way shall be away from prominent natural features
and identified environmental resources.
b. Right-of-way shall be located to avoid crossing hills and ridges, and
wherever possible, shall be located at the base of slopes.
c. 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.
4. Access points to public roads shall be reviewed by the County Road & Bridge
Department and shall be built and maintained in accordance with the Garfield
County Road Specifications. All access and oversize or overweight vehicle permits
must be obtained from the County Road & Bridge Department prior to beginning
operation. All proposed transportation right-of-way to the site shall also be reviewed
and approved by the County Road & Bridge Department to minimize traffic hazards
and adverse impacts on public roadways. Existing roads shall be used to minimize
land disturbance unless traffic safety, visual or noise concerns, or other adverse
surface impacts clearly dictate otherwise. Any new roads created as a result of the
pipeline construction, intended to be permanent for maintenance and repair
operations shall be placed behind a locked gate or other barriers preventing use by
recreational vehicles. Any gates or barriers need to be consistent with the surface
owner's preferences.
5. In no case shall an operator engage in activities which threaten an endangered
species.
6. 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.
7. All operations shall comply with all applicable State Public Health and Environment,
Water Quality Control standards.
8. Any proposed waste disposal or treatment facilities shall comply with all
requirements of the County Individual Sewage Disposal System Regulations.
9. The proposed reclamation plan shall provide for a reasonable reclamation schedule
in light of the specific surface use and surrounding land uses, and may require
recon touring and revegetation of the surface to pre -disturbance conditions. The
Planning Director may also approve a plan for an alternative post disturbance
reclamation, provided the surface owner and the applicant agree, and the plan is in
harmony with the surrounding land uses and the Comprehensive Plan.
10. Should an abandoned pipeline be removed, it will be subject to the original
revegetation and weed management requirements in the original application.
IV. Process for Pipeline Development Plan Application Review
The review process for a Pipeline Development Plan is an administrative process with the
ability for the Board of County Commissioners to "call-up" the application for a formal
review. Note, the timelines outlined in this application only start once an application has
been deemed technically complete. Please refer to Section 9-105 through 9-109 of Article
IX for a more detail of this process
2. Referral and Review by Planning Director (Section 9-105). The Planning Director
will coordinate the review of the development plan application. Upon the filing of a
complete application for development plan review, the Planning Director shall
promptly forward one copy to the County Road & Bridge, Oil & Gas Auditor,
Vegetation Management and Engineering Departments; the appropriate fire district
or County Sheriff; the surface owners of an individual pipeline development plan;
and any adjacent municipality for comment.
a. Referral comments on the proposed development shall be returned to the
Planning Director no later than 18 days from the date of application for an
individual site application and 30 days from the date of application for an
area development plan.
3. Notice (Section 9-105(B)). Once the application has been deemed technically
complete, the applicant shall notify the property owners within 200 feet of the route
that are not affected surface owners with an agreement with the applicant. A sign
(provided to the Applicant by the Planning Department) will be posted on the
portions of the route crossing or adjacent to a public road within seven days after
receiving a complete application for an individual development plan review. Both
the notice and the sign shall indicate that a development plan review application
has been made, and the phone number of the Planning Department where
information regarding the application may be obtained.
4. Director Review & Decision (Section 9-105(D)) Any determination by the Planning
Director to approve or conditionally approve a development plan application must
be in writing and mailed or otherwise provided to the applicant no later than 28 days
for an individual pipeline development plan or 60 days for an area pipeline
development plan, after the date on which the development plan application is filed.
Failure to make a determination on the application within this time period shall
result in the application being considered approved and the applicant's building
permit or access, or other permits being processed, provided the applicant builds
the pipeline in compliance with the application.
5. Board of County Commissioner "Call -Up" (Section 9-109) Once the Director has
determined the application to be approved, the Director will immediately notify the
Board of County Commissioners (BOCC) of the approval. From this point, the
BOCC has 14 calendar days to call-up the application. No development can occur
of the pipeline project until this period has elapsed and the conditions of approval
have been met.
I have read the statements above and have provided the required attached information
which is correct and accurate to the best of my knowledge.
April 2, 2012
(Signature of Owner of Right -of -Way) Date
GARFIELD COUNTY
BUILDING AND PLANNING DEPARTMENT
FEE SCHEDULE
Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No.
98-09, has established a fee structure ("Base Fee") for the processing of each type of
subdivision and land use applications.
The Base Fee is an estimate of the average number of hours of staff time devoted to
an application, multiplied by an hourly rate for the personnel involved. The Board
recognized that the subdivision and land use application processing time will vary and
that an applicant should pay for the total cost of the review which may require
additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of
the respective positions combined with an hourly overhead cost for the office will be
used to establish the actual cost of County staff time devoted to the review of a
particular project.
Actual staff time spent will be charged against the Base Fee. After the Base Fee has
been expended, the applicant will be billed based on actual staff hours accrued. Any
billing shall be paid in full prior to final consideration of any land use permit, zoning
amendment or subdivision plan. If an applicant has previously failed to pay application
fees as required, no new or additional applications will be accepted for processing until
the outstanding fees are paid.
Checks, including the appropriate Base Fee set forth below, must be submitted with
each land use application, and made payable to the Garfield County Treasurer.
Applications will not be accepted without the required application fee. Base Fees are
non-refundable in full, unless a written request for withdraw from the applicant is
submitted prior the initial review of the application materials.
Applications must include a Payment Agreement Form ("Agreement") set forth below.
The Agreement establishes the applicant as being responsible for payment of all costs
associated with processing the application. The Agreement must be signed by the
party responsible for payment and submitted with the application in order for it to be
accepted.
The following Base Fees shall be received by the County at the time of submittal of
any procedural application to which such fees relate. Such Base Fees shall be in
addition to and exclusive of any cost for publication or cost of consulting service
determined necessary by the Board for the consideration of any application or
additional County staff time or expense not covered by the Base Fee, which have not
otherwise been paid by the applicant to the County prior to final action upon the
application tendered to the County.
GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT
BASE FEES
TYPE OF LAND USE ACTION BASE FEE
Vacating Public Roads & Rights -of -Way $400
Sketch Plan $325
$675 + application agency
review fees and outside
Preliminary Plan / Conservation Subdivision consultant review fees, as
authorized pursuant to the
Regulations, such as the
Colorado Geologic Survey
Preliminary Plan Amendment $325
Final Plat $200
Final Plat Amendment / Correction Plat $100
Combined Preliminary Plan and Final Plat $1,075
Minor Exemption / Amendment $300 / $300
Major Exemption / Amendment $400 / $300
Rural Land Development Option Exemption / Amendment $400 / $300
General Administrative Permit $250
Floodplain Development Permit $250
Pipeline Development Plan / Amendment $400 / $300
Small Temporary Employee Housing $50
Minor Temporary Employee Housing $250
Limited Impact Review / Amendment $400 / $300
Major Impact Review / Amendment $525 / $400
Rezoning: Text Amendment $300
Rezoning: Zone District Amendment $450
Planned Unit Development (PUD) / Amendment $500 / $300
Comprehensive Plan Amendment $450
Variance $250
Interpretation $250
Planning Staff Hourly Rate
• Planning Director $50.50
• Senior Planner $40.50
• Planning Technician $33.75
• Secretary $30.00
County Surveyor Review Fee (includes review of Amended Determined by Surveyor$
Plats, Final Plats, Exemption Plats)
Mylar Recording Fee
Page 2
$11 — 1St page
$10 each additional page
The following guidelines shall be used for the administration of the fee structure set
forth above:
1. All applications shall be submitted with a signed Agreement for Payment form set
forth below.
2. County staff shall keep accurate record of actual time required for the processing
of each land use application, zoning amendment, or subdivision application. Any
additional billing will occur commensurate with the additional costs incurred by
the County as a result of having to take more time that that covered by the base
fee.
3. Any billings shall be paid prior to final consideration of any land use permit,
zoning amendment, or subdivision plan. All additional costs shall be paid to the
execution of the written resolution confirming action on the application.
4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be
recorded or issued until all fees have been paid.
5. In the event that the Board determines that special expertise is needed to assist
them in the review of a land use permit, zoning amendment, or subdivision
application, such costs will be borne by the applicant and paid prior to the final
consideration of the application. All additional costs shall be paid prior to the
execution of the written resolution confirming action on the application.
6. If an application involves multiple reviews, the Applicant shall be charged the
highest Base Fee listed above.
7. Types of "Procedures" not listed in the above chart will be charged at an hourly
rate based on the pertinent planning staff rate listed above.
8. The Planning Director shall establish appropriate guidelines for the collection of
Additional Billings as required.
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GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
PAYMENT AGREEMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and Mid-America Pipeline Company, LLC
Property Owner (hereinafter OWNER) agree as follows:
1. OWNER has submitted to COUNTY an application for Western Expansion Project II
(hereinafter, THE PROJECT).
2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as
amended, establishes a fee schedule for each type of subdivision or land use review
applications, and the guidelines for the administration of the fee structure.
3. OWNER and COUNTY agree that because of the size, nature or scope of the
proposed project, it is not possible at this time to ascertain the full extent of the costs
involved in processing the application. OWNER agrees to make payment of the Base Fee,
established for the PROJECT, and to thereafter permit additional costs to be billed to
OWNER. OWNER agrees to make additional payments upon notification by the COUNTY
when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or
cost of consulting service determined necessary by the Board of County Commissioners for
the consideration of an application or additional COUNTY staff time or expense not covered
by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay
additional billings to COUNTY to reimburse the COUNTY for the processing of the
PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to
the final consideration by the COUNTY of any land use permit, zoning amendment, or
subdivision plan.
PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE)
4/2/12
Signature Date
Philip B. Vaughan- PVCMI Land Planning
Print Name
Mailing Address:
1038 County Road 323
Rifle, CO 81650
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