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HomeMy WebLinkAbout2.0 Director's Decision - Staff ReportFebruary 23, 2010 Jason Eckman Encana Oil & Gas (USA) Inc. 2717 CR 215, Suite 100 Parachute, CO 81635 ) Garfield County BUILDING & PLANNING DEPARTMENT t) ~ . ~ ~ '-c.-t> VI-I c- ~ / 10 (IO -P C().4 s I I , RE: Encana -Liberty Pipeline Gathering System (Application #POPA -1 -10-6274) Dear Jason, Garfield County is in receipt of the Liberty Pipeline Gathering System Application which has deemed technically complete and has been reviewed against the submittal requirements required in Resolution 2005 -53 and requirements in Article IX of the Unified Land Use Resolution of 2008, as amended . This letter shall constitute Garfield County's review of the project. Libe rty Leas e-Story Gulch Integrated W eed Manage ment December 2009 ..,....\NestWater Engine ering -::;;;;; Consulting En g ineers & Scientists 108 Eighth Street, Suite 401 •Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 F e et 2.000 4 .000 I. GENERAL STAFF COMMENTS Staff understands this project includes proposed pipelines that intend to interconnect 4 well pads with the following proposed facilities: a compressor station (appurtenant to the pipeline), a centralized frac pad and a central delivery point (COP). The central delivery point separates liquids (water and hydrocarbon condensate) from the gas produced by each well. In order to reduce the size of the gas pads, there will be no frac tanks on the well pads. Instead, the frac fluid will be pumped from a central frac pad to the well pads. There will be 3 pipelines serving each well: ~ A pipeline for delivering frac fluids to the well; ~ A pipeline delivering lift gas to the well in order to air-lift water out of the well; and ~ A 3-phase pipeline that will transport a mixture of the raw gas, condensate and water to the COP. In addition, up to six parallel pipelines in the same trench are proposed to transport gas and fluids between the compressor station, the CDP, the wells and the frac pad to transport. The six types of pipelines will transport the following fluids/gases: (1) lift gas going towards the wells for air-lifting out of the wells, (2) produced natural gas leaving the COP and going towards the compressor station, (3) condensate liquid (hydrocarbons) separated from the gas at the COP and going towards the compressor station, (4) water separated from the gas at the CDP and then going towards the compressor station or the · frac pad, (5) frac fluid moving from the frac pad towards wells, and (6) 3-phase moving from wells to the CDP. This project generally consists of the construction of 3.6 miles of natural gas lines, 4.45 miles of water lines, 3.6 miles of liquid lines, 2 miles of 3-phase lines, 3.1 miles of gas lift pipelines and 1.8 miles of frac lines. The location of this concentrated gathering system is located just south of the Rio Blanco County border as shown on the front cover of this review letter and is located entirely on Encana's North Parachute Ranch property and does not cross any other private property. Total land disturbance which includes various right-of-ways up to 120 feet in width which will ultimately disturb approximately 87 acres of land for which a reclamation bond shall be required. II. REFERRAL COMMENTS Staff referred the Application to the following Agencies I Departments whose comments are included here for review and attached to this letter. A. Gatfie/d County Vegetation Management (Exhibit Al ~ The submitted noxious weed map and narrative refers to the NPR weed inventory in general terms. Specific GPS points for weed locations are not provided. It is likely that the applicant will need to start construction prior to the growing season. We request that the applicant commit to an "in-season" mapping program of the entire length of the borders of the 2 pipeline area. Please pay particular attention to spotted knapweed, diffuse knapweed, and yellow toadjlax. )> Staff requests that the applicant treat all inventoried noxious weeds adjacent to the project area, prior to revegetation activities using the information of weed locations provided by the mapping that will be done during the growing season. Please forward a copy of the application records to: Garfield County Vegetation Management POB426 Rifle CO 81650 )> The applicant lists Best Management Practices on pages 819 of the Reclamation/Weed Plan in the permit application; staff expects that the applicant will follow these BMP 's. In particular the statement below, submitted by the applicant, is very important and should be followed: )> · Prior to delivery to the site, equipment will be cleaned of soils remaining from previous construction sites, which may be contaminated with noxious weeds and ensure that vehicles and equipment are free of soil and debris that are capable of transporting noxious weed seeds, roots or rhizomes. )> The applicant has quantified the surface area to be disturbed as 87 acres. A security in the amount of will provide a revegetation security in the amount o/$217,500 (87 x $2500). )> The applicant shall provide the Vegetation Management Department with the original tags from each seed bag. The seed mix in the Plan shall match the seed mix used in the field Do not use a seed mix containing yellow sweet clover (Melilotus offeinalis) or annual yellow sweetclover (M indicus). )> The security shall be held by Garfield County until vegetation has been successfally reestablished according to the Reclamation Standards in the Garfield County Weed Management Plan. It is the responsibility of the applicant to contact the County, upon successful revegetation establishment, to request an inspection for security release consideration. )> Any straw or hay bales used in erosion control shall be certified weed free. B. Garfield Countv Project Engineering Review (Exhibit 8) )> Schedule: The above schedule is for discussion purposes only. Delays might result if the referral agencies require additional information or if the BOCC calls-up the permit; )> Re-vegetation Security: I estimate 84 acres based on the 5.3 mile ROW length and 120 width of disturbance. Using the standard $2,500/acre value results in a $210, 000 bond. )> Construction time Prohibitions due to wildlife: I have not studied Westwater 's report closely, but it appears from Figure 1 that there are nests along the pipeline. Westwater 's 3 report also recommends a prohibition on construction activity close to these nests during certain time periods. The answer I can't find in their report is what type of nests these are. If the County doesn't know the type of nests, the County will impose construction prohibitions using the most conservative time periods and buffer distances. I recommend that you provide the County with a document from Westwater that identifies the type of nest. Ideally Westwater would recommend a construction time prohibition and buffer distance around each nest. Ill. FINAL DETERMINATION Upon review of the documents submitted against the required standards and criteria in Article IX of the U11ified land Use resolution of 2008, as amended, Staff has made a determination of Approval with Conditions for the "EnCana Liberty Pipeline Gathering System" (Application #POPA -1-10-6274) with the following specific conditions: 1. Any equipment used in construction or operation of a pipeline must comply with the Colorado Oil and Gas Conservation Commission Rules and Regulations, Noise Abatement. Additionally, all power sources used in pipeline operations shall have electric motors or muffled internal combustion engines. 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. All oversize or overweight vehicle permits shall be obtained from the County Road & Bridge Deparlment prior to beginning operation. Any new roads or intensified driveway accesses 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. 4. All vehicles requiring an oversize/overweight permit will send a letter showing proof that they can operate under a known bond holder on file with Garfield County Road & Bridge Deparlment before a permit will be issued. 5. The Applicant shall provide the County with a digital alignment of the pipeline once constructed in a format readable to the County Geographic Information System (GIS) analyst. 6. In no case shall an operator engage in activities which impact Federal or State threatened and endangered species. 7. 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. 4 8. All operations shall comply with all applicable Federal and State Public Health and Environment, Noise, and Air and Water Quality Control standards. 9. Any proposed waste disposal or treatment facilities shall comply with all requirements of the County Individual Sewage Disposal System Regulations. 10. Should an abandoned pipeline be removed, it will be subject to the original revegetation and weed management requirements in the original application. 11. That the Applicant satisfy the comments from the County Vegetation Director as follows: A The submitted noxious weed map and narrative refers to the NPR weed inventory in general terms. Specific GPS points for weed locations are not provided. It is likely that the applicant will need to start construction prior to the growing season. Prior to the issuance of a Land Use Change Permit for this pipeline project, the Applicant shall prepare an "In-season Mapping Program" to the approval of the County Vegetation manager for the entire length of the borders of the pipeline area. This plan shall pay particular attention to spotted knapweed, diffuse knapweed, and yellow toadflax. This plan shall be tendered to the County Building & Planning Department prior to the issuance of a Land Use Change Permit. B. The applicant shall treat all inventoried noxious weeds adjacent to the project area prior to revegetation activities using the information of weed locations provided by the mapping that will be done during the growing season. Please forward a copy of the application records to: 1. Garfield County Vegetation Management 2. POB426 3. Rifle CO 81650 C. Prior to delivery to the site, all equipment shall be cleaned of soils remaining from previous construction sites which may be contaminated with noxious weeds and ensure that vehicles and equipment are free of soil and debris that are capable of transporting noxious weed seeds, roots or rhizomes. D. The applicant has quantified the surface area to be disturbed as 87 acres. A security in the amount of $217,500 (87 x $2500) shall be tendered to the Garfield County Building & Planning Department prior to the issuance of the Land Use Change Permit. This security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards in the Garfield County Weed Management Plan. It is the responsibility of the applicant to contact the County, upon successful revegetation establishment, to request an inspection for security release consideration. 5 E. Regarding revegetation, the applicant shall provide the Vegetation Management Department with the original tags from each seed bag. The seed mix in the Plan shall match the seed mix used in the field. Do not use a seed mix containing yellow sweet clover (Meli/otus offcinalis) or annual yellow sweetclover (M. indicus). F. Any straw or hay bales used in erosion control shall be certified weed free. 12. Construction time Prohibitions due to wildlife: The Westwater report in the application states that there are occupied Cooper's Hawk, Red-tailed Hawk, and Long-eared Owl nests found within 0.33 miles of the route. This report also recommends a prohibition on construction activity close to these nests during the following time periods: Species Buffer Zone Seasonal Restriction Cooper's Hawk 0.25 mile 1 April -15 August Lona-Eared Owl 0.25mile 1 March -15 Julv Red-tailed Hawk 0.33 mile 15 Februarv -15 Julv The Applicant shall prepare a Raptor Mitigation Plan to be reviewed and approved by the CDOW and tendered to the County building and Planning Department prior to the issuance of a land Use Change permit. 13. This conditional approval covers the pipelines and compressor station. It does not include approval of the "Central Delivery Point" facility. That facility requires a separate review application by Garfield County in a Limited Impact Review application for "Compressor I Pipeline Pump Station not subject to Article IX Review" as required by the County Unified Land Use Resolution of 2008, as amended. This determination has been sent to the Board of County Commissioners to determine if they wish to call up the matter. Staff will let you know if this matter is called up by March 14, 2010. (Note, the permit cannot issue and no work can be commenced until all conditions have been met that are listed above.) Do not hesitate to contact this office if you have any questions. Very truly yours, Fred A. Jarman, AIC Director, Building & P 970.945.8212 6 E)CHl~IT l,·~ .-~o ' •, o'i : MEMORANDUM To: Fred Jarman From: Steve Anthony Re: Comments on the EnCana Liberty Pipeline Gathering System (PDPA-1-10-6274) Date: February 18, 2010 Thanks for the opportunity to comment on this project. My comments are as follows: Integrated Vegetation and Weed Management • The submitted noxious weed map and narrative refers to the NPR weed inventory in general terms. Specific GPS points for weed locations are not provided. It is likely that the applicant will need to start construction prior to the growing season. We request that the applicant commit to an "in- season" mapping program of the entire length of the borders of the pipeline area. Please pay particular attention to spotted knapweed, diffuse knapweed, and yellow toadflax. • Staff requests that the applicant treat all inventoried noxious weeds adjacent to the project area, prior to revegetation activities using the information of weed locations provided by the mapping that will be done during the growing season. Please forward a copy of the application records to: Garfield County Vegetation Management POB426 Rifle CO 81650 • The applicant lists Best Management Practices on pages 8/9 of the Reclamation/Weed Plan in the permit application; staff expects that the applicant will follow these BMP's. In particular the statement below, submitted by the applicant, is very important and should be followed: Prior to delivery to the site, equipment will be cleaned of soils remaining from previous construction sites, which may be contaminated with noxious weeds and ensure that vehicles and equipment are free of soil and debris that are capable of transporting noxious weed seeds, roots or rhizomes. Reclamation • The applicant has quantified the surface area to be disturbed as 87 acres. A security in the amount of will provide a revegetation security in the amount of $217,500 (87 x $2500). • The applicant shall provide the Vegetation Management Department with the original tags from each seed bag. The seed mix in the Plan shall match the seed mix used in the field. Do not use a seed mix containing yellow sweet clover (Melilotus offcinalis) or annual yellow sweetclover (M indicus). • The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards in the Garfield County Weed Management Plan. It is the responsibility of the applicant to contact the County, upon successful revegetation establishment, to request an inspection for security release consideration. Erosion control • Any straw or hay bales used in erosion control shall be certified weed free. John Niewoehner From: Sent: To: Cc: Subject: John Niewoehner Friday, January 29, 2010 3:41 PM 'Eckman, Jason' Fred Jarman Technical Completeness letter -Encana-Liberty Pipelines Attachments: tc letter scanned and emailed 1.29.1 O.pdf Jason, . EXHIBIT 18 Attached is a letter saying that your Liberty Pipeline application is technically complete. Below is the tentative review schedule: February 1fil; Referral Agencies are sent applications to review. (In this case, the referral agencies are the County Attorney's office and the County Vegetation Manager) Februa~!h; Comments are due back from the referral agencies. March 1st: County completes their review and sends a review letter and recommendation to (1) Encana and (2) the BOCC. March 1 -15th; (1) The BOCC considers ifthe project should be called-up for a public hearing. (2) Encana may decide to submit the re-vegetation security bond during this time period. March 15!h -2o!h: Presuming that the permit is approved by the County, during this period the County planning office will finalize the permit and have it recorded. Subsequently, the permit is send to Encana. Here are some issues that might come up during the review: • Schedule: The above schedule is for discussion purposes only. Delays might result if the referral agencies require additional information or if the BOCC calls-up the permit. • Re-vegetation security: I estimate 84 acres based on the 5.3 mile ROW length and 120 width of disturbance. Using the standard $2,500/acre value results in a $210,000 bond. • Construction time Prohibitions due to wildlife: I have not studied Westwater's report closely, but it appears from Figure 1 that there are nests along the pipeline. Westwater's report also recommends a prohibition on construction activity close to these nests during certain time periods. The answer I can't find in their report is what type of nests these are. If the County doesn't know the type of nests, the County will impose construction prohibitions using the most conservative time periods and buffer distances. I recommend that you provide the County with a document from Westwater that identifies the type of nest. Ideally Westwater would recommend a construction time prohibition and buffer distance around each nest. This my last day working for the County and Fred Jarman, the Department Director, will be taking over your application. John Niewoehner 1/29/2010