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HomeMy WebLinkAbout2.0 Staff ReportFebruary 11th, 2009 Jimmy Smith, Representative Wagon Wheel Consulting, Inc. 111 East 3"' Street, Suite 213 RIFLE CO 81650 Garfield County BUILDING & PLANNING DEPARTMENT Subject: Administrative Pipeline Permit Application for ETC Canyon Pipeline (PDP16808) 'Rulison to Enterprise Pipeline' and Appurtenant Compressor Station on Holms Mesa Dear Mr. Smith, Upon review, the Application was deemed technically complete on December 31, 2008 and has been reviewed against the submittal requirements required in Resolution 2005 — 53 and required in Section 9.07 of the Zoning Resolution of 1978, as amended. This letter shall constitute Garfield County's review of the project. 1. Project Overview (General Location and Extent) This project generally consists of the construction and installation of 10.4 miles of a 24 - inch buried steel natural gas pipeline, related valve facilities and the construction of a compressor station which is intended to gather gas from existing natural gas drilling fields and dry and then boost the gas. The eventual connection on the west is to an existing 35" Enterprise pipeline interconnect located in Section 2, Township 7S, range 96W. The pipeline will reside entirely in Garfield County. This application is being processed under the Zoning Resolution of 1978, as Amended. It is appropriate for a compressor station to be considered 'an appurtenant component to the pipeline.' In order to properly review the compressor station, Staff has applied Section 5.03.07 Industrial Operations and 5.03.08 Industrial Performance Standards to the compressor portion of the application. The general location and alignment of the gathering line begins at the compressor plant site on Holms Mesa adjacent to Country Road 301, south of the Rulison interchange of Interstate -70 (1-70) in the SW 1/4 NE '/4 of Section 6, Township 7S, range 95W. It proceeds due west, then northward, descending the bench, bores under County Road 309 then turns northwest to the Colorado River. A bore will be performed to allow the pipeline to cross under the Colorado River, the railroad right-of-way of the Union Pacific Railroad and 1-70 to Section 25, T6S, R95W, where the pipeline turns to the southwest, crossing the flat areas north of Interstate -70. The pipeline will parallel existing natural gas pipelines, turn westward above the Cornell Ditch north of Parachute, then bore under County Road 215 to its terminus with the Enterprise pipeline interconnect via a metering device. 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 The proposed right-of-way widths vary during construction but result in a 30' permanent easement once constructed. The pipeline appears to be primarily located in already disturbed areas significantly reducing the footprint (cuts / fills) on the ground. 11. Surface Ownership The pipeline crosses numerous private fee lands as well the following easement (listed west to east): Garfield County Road & Bridge (160 feet) and three rights-of-way (675 feet of Interstate -70, US 6 & 24 and 100 feet of Union Pacific Railroad). They are located on the maps, shown by dashed lines and an arrow. A - E, respectively, run west to east: A and E are Garfield County road crossings, B is I-70, C is the railroad and D is SH 6 & 24. The following is a list of ownership, from west to east, with the related permissions by agreement in parentheses. (The numbers correspond to the maps below, depicting ownership and pipeline corridor, compressor location; the boxes are mean to highlight ownership and do not reflect the true parcel boundaries.) 1. Solvay Chemicals /American Soda,/LLP (temporary & permanent pipeline easement) 2. Williams Production RMT (temporary & permanent pipeline easement) 3. ExxonMobil Oil Corporation (temporary & permanent pipeline easement) 4. Puckett Land Company/ Tosco Corporation (temporary & permanent pipeline easement) 5. Samuel & Teresa Potter ((temporary & permanent pipeline easement, temporary staging site) 6. Gary Lee Mahaffey ((temporary & permanent pipeline easement) temporary staging site for directional bore) 7. Diamond Elk, LLC (temporary & permanent pipeline easement) 8. ETC Canyon Pipelines LLC (compressor) Based on the information provided, the applicant has all of the easements and right- of-ways necessary to move forward on the project. FLS, ETC Rulison- Enterprise Pipeline: Western Portion VfilVAl9 CII Mtlly3 HVI lLW SLCA F44- Ll/l Rl 9 0, r 5 w w Pipeline (red solid line) ..... _ .. MAq�t pL IL1Y rrs _ `i . . �...-... ttke text_ A *LW; 441 finMDR L1 INT [ill 1 ,. 'JJ 45 Cf40). Ful c0 2 1100 uLni. H." -AS LII, WS FM P4111U4in n tee PMttOS PATRLFItti IffA PrtSAS (INI4441.11 FMK 9mCAMCNI 9Al1.LUH7IIA c' C4. WJ.1 ( 3 191711 BAIRCIltllt VSA PM'IA.A'S %,DU( cl Hl(4_l Ot UBCR:AC • FATRLVGT Fri 2 ETC Rulison — Enterprise Pipeline: Eastern Portion 3 WI" 0 YOP.M On. OL .. . [.,I I! 10,014 to • 1611 ✓m *101 0101 4X001 M1(rYX .r. er Y.IXXfu an 1110X9 SRM fat LIP„ 715 wK I°t,1- /� rFcl.xu .V[SA ,4Y,at 11CT) a.t 7op g „a IlY 'Art XN11. nX}ni'a IMlgf WXli.r IPYtr CA l '-. !. III. Holms Mesa Compressor Station The Holms Mesa Compressor Station is located in Box 8 on the map above. The compressor station will contain up to 3 compressors enclosed within a building. (The Application states that provisions have been made for 3 additional compressor units of like size, for future volume expansion.) A sound analysis in the application demonstrates that the COGCC noise regulations can be met with the 3 compressor units of this phase. The most affected residence is 2316 feet from the facility. The most affected property line is 1087 feet from the facility. The processing equipment intended to dry the gas before boosting it and sending it north and westward to connect to the Enterprise terminus. Collected liquid from the three compressor units is anticipated to total 400 to 600 barrels (16,800 to 25,200 gallons) each week. Four to six trucks will be required each week to transport the liquids to an approved treatment facility. Haul routes shall be designed by Garfield County Road & Bridge, as well as appropriate permits for those vehicles. Because the analysis that satisfies the noise attenuation requirements is based on the initial phase of 3 compressors located inside a building, it is recommended by Staff that the permit include the initial three (3) compressor units as a permission of this application, and consider additional units, when needed, as an amendment with proper review. IV. Road Cuts / Access /Traffic The pipeline route will cross and access Garfield County Road 215 and 309. Approved easement use, access permits and traffic control plans will be required. A temporary access permit will be required by ETC for access from Garfield County Road 301 to the staging area on their property, as well. A Garfield County utility permit for road bores and profiles is also required for the project. Permits are in place for the crossing permit for underground bore plans with Union 3 Pacific Railroad, and CDOT has issued a utility permit for road bore plan. The Town of Parachute has issued a watershed permit, and CDOT has issued both a survey permit and a special use permit (#14005). The Army Corps of Engineers has approved of the proposed design approach and a permit to bore is granted (SPK -2008 -501 -CW). A Nationwide General permit NWP) 12 is granted for the work activity in the course of ephemeral streams amounting to less than 1/10 acre. A permit for the hydrostatic testing of pipelines, etc. (COG -604) has been issued for the pipeline. The application contains a Soil Conservation, Sedimentation and Erosion that provides detail as to how certain areas / stream cuts / Best Management Practices (BMPs) are to be utilized throughout the project, as well as a Stream Crossing and Wetland Protection Plan_ A storm water management plan is required by the CDPHE Division of Water Quality has been prepared. It includes measures to minimize pollutants, erosion, sedimentation both on and off the right-of-way with detailed BMPs and is associated with the two (2) storm water discharge permits which cover the sizeable build area: COR038333 and COR038335. They are valid until June 10, 2010. The unmanned facility requires a minimum of trips, mostly by pickup trucks. The proposal to manage the produced water from the 3 initial compressor units is stated to be 4 to 6 tanker trips per week. CR301 is a winding rural road that is not surfaced the entire distance of the haul route An alternative management of the produced water generated by the site shall be considered at the time the compressor station is expanded in any way; Staff recommends that dust mitigation be incorporated into the operational plan for the site and the un -surfaced portion of CR301 (if this action is supported by Garfield County Road & Bridge) as a condition of approval. V. Staging Areas For this project, the Applicant proposes five (5) temporary staging areas: three (3) on private fee parcels (identified in the ownership documentation above), one (1) on their own property, and one (1) in the Garfield County road right-of-way. Leases and ownership rights are in place for this use. Access (from these two areas) is directly onto CR 301 and CR 215, and permits are required from Garfield County Road & Bridge. These locations are intended for storage of materials and employee shuttle points. It is expected that as the pipeline build progresses away from these areas, they will be terminated, but their use will terminate no later than at the end of the project. VI. Sensitive Species a. Plants An extensive Sensitive species study was performed in April of 2008 and revealed that no TESS plants were observed in the field study, and suitable habitat for several species exists nearby but outside of the proposed pipeline alignment. No Federal or State -listed species were noted. b. Wildlife- Birds Regarding wildlife, no federally Threatened or Endangered (T & E) species were identified in the corridor. There were State -listed Threatened, Endangered, Special Concern Species 4 that may occur in the project area that include the American Peregrine Falcon, Townsend's Big -eared Bat and the Northern Leopard Frog. Additionally, birds of conservation concern included eight (8) raptor nests within 1/3 mile of the corridor, two (2) being noted as active nests. Human activity is disruptive to these species and mitigation should include restricting construction to specific months. There is Red-tailed hawks have used site RTHA-1 but no species association with the other nests. The report recommends the nests be re -inventoried by qualified biologists to determine the associated species to properly mitigate the impact. The nests are located on the west end of the pipeline project. Because the pipeline construction period is to start on the west end of the project and work eastward, (the directional bore is also slated to be done while the Colorado River is at its low point), there is opportunity to properly mitigate the raptor nesting issue. A seasonal restriction from March 15th to July 15th with a buffer zone of 1/3 mile would mitigate issues for Red Tailed Hawk nests. Most of the timing limits for raptors begin in March and run through mid-July or August. Staff has suggested that as a condition of approval an additional inventory be performed to identify the occupant species of the other active nest site, and use the earliest timing period found to be justified for the associated species, or March 15th to July 15th if the other species cannot be identified by a qualified biologist. . c. Fish No fish species studies were conducted as part of this survey. The section of the Colorado River that is to be crossed with a directional bore is in an area considered part of critical habitat for Federal endangered species Colorado pikeminnow and razorback sucker. The report utilized annual electro -shock survey data provided by the Fish & Wildlife Survey (FWS) to determine whether these species were present in the proposed pipeline alignment and found that neither species were present. Recommendations for the control of sediment that might make its way into the river is part of the erosion management plan's directives and serves to protect these species and the Northern Leopard Frog, as well. b. Wildlife- Animals Regarding wildlife, no federally Threatened or Endangered (T & E) species were identified in the corridor. The area is identified by the Colorado Division of Wildlife (DOW) as containing elk and mule deer 'winter range', 'winter concentration areas' and some 'severe winter range.' While the wildlife impact assessment states that 'the impact to wildlife as a result of the pipeline installation and operation is relatively minimal and would not affect the overall status of populations in the area' it also says that 'the project and its on-going activities will contribute, however, to the overall cumulative impacts' (including gradual habitat loss, fragmentation, alteration and displacement through increasing development) and makes recommendations to mitigate these impacts. These actions include avoiding construction activities/energy exploration and development activities in critical times from December 1 to April 30, installing fencing that is recommended as 'wildlife friendly' by the DOW and requiring construction and service vehicle drivers to maintain modest speeds to avoid striking wildlife. Staff suggests that these be made conditions of approval. VII. Livestock One of the concerns expressed in comments in a letter from an adjacent owner (Wells - 5 letter attached as an Exhibit) and verbalized on the phone by an adjacent parcel owner (Backes), is that sudden loud or hissing noises from pipeline and compressor tests frighten domestic livestock and residents nearby, and increased gaseous discharges cause concern to residents. Ms. Wells recommended a courtesy notice be given the affected residents near the test location by direct personal contact via phone, email, notice posted on the residence in advance of the planned event so that affected residents may plan accordingly for their livestock's safety and personal comfort. The Applicant's 'Plan of Development 4.3.9 Livestock Barrier and Other Livestock Issues' has proposed that Wagon Wheel Consulting meet with affected ranchers to discuss their concerns. Staff recommends that this be accomplished before construction is initiated so that suggestions might be incorporated in the operational plan. Staff recommends that be a condition of approval for Wagon Wheel Consulting meet with affected ranchers to discuss their concerns. VIII. Cultural Resources A Class I Cultural Resource Inventory was performed in April of 2008. No significant resources were recorded within 100 meters of the proposed pipeline. Of concern beyond that distance (found 200 feet south of the proposed pipeline) is site 5GF1135. While this site is classified as 'not eligible -officially' in an evaluation for significance as a cultural resource (regarding eligibility to the National Register of Historic Places), the site is apparently a EuroAmerican grave, and, as such, is protected under the CRS Section 1, 24-80-401 as an 'Unmarked Human Grave'. The recommendation by Grand River Institute archaeological personnel is that 'the graves location should be verified by an archaeologist, clearly marked and avoided by any construction.' Staff suggests that it be a condition of approval for the Applicant follow recommendations for protection of the site 5GF1135. IX. Referral Comments Staff referred the Application to the following Agencies / Departments whose comments are included here for review, and attached to this letter as is required by Resolution 2005 — 53: A. Grand Valley Fire Protection District: No comments were received. B. Garfield County Road and Bridge Department: Garfield County Road & Bridge Department has no objections to this application with the following comments. ■ Permits will issued for CR 215, CR 301 and 309 for the staging areas and parking of employee personal vehicles. • All vehicles hauling equipment and materials for this application shall abide by Garfield County's oversize/overweight system. All vehicles requiring an oversize/overweight permit shall have on fie a letter from ETC Canyon Pipelines, LLC stating such vehicles can obtain oversize/overweight permits under their road bond on file with Garfield County Road & Bridge Department. These must be picked up at the Road & Bridge Office. 6 C. County Oil & Gas Liaison: No comments were received. D. County Project Engineer: The comments concurred with County Vegetation Management on reclamation plans requirements, rates and securities, and had these additional specific comments: Holmes Mesa Compressor Station SUP 1. Grading - Proposed Fill and Cut Slopes: Clarification is needed to adequately review the grading plan and retention pond design. 2. Grading — Drainage Swales: How will runoff be directed from the compressor platform to the retention basin? No swales directing runoff to the retention basin are shown on the grading plan. 3. Grading — Vehicle Access: The grading does not show driveways interconnecting the different platform levels. 4. Retention Basin: What is the volume of the proposed retention basin? What volume is required to retain the 100 -year storm? How will the basin empty between rainfall events? What design elements prevent the failure of the retention basin? Who will maintain and clean the basin? 5. Engineer's wet seal: The grading and drainage plans and report needs to have the wet seal of the professional engineer. A scanned or photocopied seal is not sufficient. E. County Vegetation Management: Found the submitted weed management plan is acceptable, and specific comments follow. ■ Staff requests that the applicant treat all inventoried noxious weeds in the project area prior to construction activities if possible. At the minimum, the noxious weed trees, tamarisk and Russian olive should be treated this winter. They can be treated this winter by utilizing the cut - stump method with a herbicide application. We recommend that the applicant do this and forward treatment records to this office: Garfield County Vegetation Management POB 426, Rifle CO 81650 • It is critical that the applicant implement a weed management program prior to reseeding. There are areas indicated that have heavy infestations of biennial thistles (Scotch). These areas will need to be treated in May or June and again in late August or early September. The area of concern is UTM Easting 12S 755648 and UTM Northing 4373305. Other species found in other locations should also be addressed, however particular attention should be paid to the aforementioned area. • There should be about a six-week window between the last herbicide treatment and the initial reseeding. • The disturbance area is for the compressor station is 9 acres. The long term revegetation security has been $4000 per acre. This totals $36,000. This 7 figure only accounts for revegetation and not any earthwork, recontouring, or structure removal costs. • Staff would like to have a meeting with the applicant on-site in Mayor June to assess the weed situation. We would expect to see the tamarisk and Russian olive trees treated by that time. Revegetation Plan: The revegetation plan is acceptable. • All seed tags must be saved and made available to the Vegetation Management Department for verification. Reveqetation Security • Pipeline: The applicant has quantified the area of disturbance on private land has 89 acres (Jimmy Smith, January 14, 2009). We recommend a $2500 per acre security for disturbances on private land. This would come to $222, 500. • Compressor: The area of disturbance for the compressor station is 9 acres. The long term revegetation security has been $4000 per acre. This totals $36, 000. This figure only accounts for revegetation and not any earthwork, recontouring, or structure removal costs. • 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. F. Town of Parachute: No comments were received, although a water discharge permit was issued by their Planning Department. X. Citizen Comments Comments in the form of telephone conversations at the Rifle Airport Office of the Planning Department and a letter sent by Marian Wells have been incorporated in the appropriate portions of this report. Marian Wells' letter states: 'I request the compressor station be reviewed with full public hearings, separate from the pipeline. Further study needs to be conducted on noise, water and wildlife before any consideration of the plan.' XI. SUMMARY OF REVIEW The 10.4 mile pipeline corridor will be primarily located within an existing pipeline easement or immediately adjacent to them and will not result in any significant new cuts / land disturbance and has met all the zoning requirements for this pipeline. Therefore, upon substantive review of the documents submitted against the required standards and criteria in Section 9.07.06, Staff has made a determination of Approval with Conditions for the "ETC Rulison to Enterprise and Compressor Station" The specific conditions include the following: 1. 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. Additionally, all power sources used in pipeline operations shall have electric motors or muffled internal combustion engines. 8 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. The use of the staging areas and transporting employees to the work area by multi - passenger vehicles is a benefit to all users of County Road 215, County Road 301and other roads that will be used by this application both by reducing traffic and impacts to the road system. 4. 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. All vehicles requiring an oversize%verweight permit will send a letter showing proof that they can operate undera known bond holder on file with Garfield County Road & Bridge Department before a permit will be issued. 5. Traffic control plans shall be submitted to Road & Bridge to meet their requirements. 6. Before construction can be initiated on the compressor site, the Applicant shall provide clarification needed to adequately review the grading plan, retention pond design, on-site vehicle circulation, etc. listed in the County Project Engineers referral comments. 7. 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. 8. 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. 9. All operations shall comply with all applicable Federal and State Public Health and Environment, Noise, and Air and Water Quality Control standards, and so that 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. 10. All lighting on site shall be directed downward and inward onto the compressor site itself. 11. The Applicant shall not store any heavy equipment or pipe supplies on this site. 12. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. 13. In no case shall an operator engage in activities which adversely affect Federal or State threatened and endangered species. 9 14. The Applicant and the project construction plan shall adhere to a seasonal restriction that results from an additional inventory by a qualified biologist of nest site RTHA-2, or if no occupation is found or determination of species made by a qualified biologist, the seasonal restriction shall be from March 15th to July 15t with a buffer zone of 1/3 mile for Red Tailed Hawk nests, and as identified in the wildlife report. 15. Actions to mitigate adverse wildlife impacts shall be taken that include: a. avoiding construction activities/energy exploration and development activities in critical times from December 1 to April 30 for elk and mule deer, b. following the `wildlife friendly' fencing recommendation by DOW, c. requiring construction and service vehicle drivers to maintain modest speeds to avoid striking wildlife, d. preventing sediment from entering the Colorado River especially in estuary locations that might be used as production pools forendangered Pike Minnows and Razorback Suckers, during both the bore operations and installation of the pipeline, e. keeping construction areas free of waste and food debris that would serve to attract bears, coyotes and other animals. 16. To satisfy CRS 24-80-401 (1) preservation requirements, the grave location identified in the Cultural Resources Survey as site 5GF1135 shall be verified by an archaeologist, clearly marked and avoided by any construction. 17. Wagon Wheel Consulting, Inc. shall meet with affected parcel owners to discuss their concerns before construction is initiated so that suggestions might be incorporated in the operational plan. 18. Should an abandoned pipeline be removed, it will be subject to the original revegetation and weed management requirements in the original application. 19. Changes to this permit shall be made through the Amendment process. 20. The Applicant shall satisfy the comments from the County Vegetation Director as follows: ■ Staff requests that the applicant treat all inventoried noxious weeds in the project area prior to construction activities if possible. At the minimum, the noxious weed trees, tamarisk and Russian olive should be treated this winter. They can be treated this winter by utilizing the cut -stump method with a herbicide application. We recommend that the applicant do this and forward treatment records to this office: Garfield County Vegetation Management POB 426, Rifle CO 81650 • It is critical that the applicant implement a weed management program prior to reseeding. There are areas indicated that have heavy infestations of biennial thistles (Scotch). These areas will need to be treated in May or June and again in late August or early September. The area of concern is UTM Easting 12S 755648 and UTM Northing 4373305. Other species found in other locations should also be addressed, however 10 particular attention should be paid to the aforementioned area. • There should be about a six-week window between the last herbicide treatment and the initial reseeding. • The disturbance area is for the compressor station is 9 acres. The long term revegetation security has been $4000 per acre. This totals $36,000. This figure only accounts for revegetation and not any earthwork, recontouring, or structure removal costs. • Staff would like to have a meeting with the applicant on-site in May or June to assess the weed situation. We would expect to see the tamarisk and Russian olive trees treated by that time. Revegetation Plan: The revegetation plan is acceptable. • All seed tags must be saved and made available to the Vegetation Management Department for verification. Revegetation Security • Pipeline: The applicant has quantified the area of disturbance on private land has 89 acres (Jimmy Smith, January 14, 2009). We recommend a $2500 per acre security for disturbances on private land. This would come to $222,500. • Compressor: The area of disturbance for the compressor station is 9 acres. The long term revegetation security has been $4000 per acre. This totals $36, 000. This figure only accounts for revegetation and not any earthwork, recontouring, or structure removal costs. • 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. 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 February 25, 2009. (Note, the permit cannot issue and no work can be commenced until all conditions have been met.) Do not hesitate to contact this office if you have any questions. Sincerely, Dustin Dunbar, AICP 970.625.5903 Cc: Fred Jarman 11 Exhibits (2/11/09) Administrative Permit (PDP 16808) ETC Canyon Pipelines,LLC RULISON-ENTERPRISE PIPELINE AND APPURTENTANT COMPRESSOR STATION — HOLMS MESA Exhibit Letter (A ton Exhibit A Referral: Garfield County Road and Bridge Dept email B Referral: Garfield County Planning Project Engineer email C Referral: Garfield County Vegetation Management Department email D Referral: Comment letter (Citizen) - Marian Wells, 6691 CR309, Parachute E Addendum: Metering information draft (engineered drawings to follow) F Dusty Dunbar From: Dusty Dunbar Sent: Wednesday, February 11, 2009 10:48 AM To: Jake Mall Subject: confirming ETC Rulison comments. Jake - As always, your insight on the road issues has been extremely helpful, and I appreciate your update. I have not changed any of the conditions that you have seen as a part of the report. This is a copy of the comments you stated...just wanted to pass it along to confirm it. I hope I am able to go out to see these road and river bores being done...very interesting...certainly not BORING around here- haha. Thanks again for your extra effort. Dusty ++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Garfield County Road and Bridge Department: Garfield County Road & Bridge Department has no objections to this application with the following comments. • All necessary permits will issued for CR 215, CR 301 and CR 309 for the staging areas, parking of employee personal vehicles, and access. • All vehicles hauling equipment and materials for this application shall abide by Garfield County's oversize/overweight system. All vehicles requiring an oversize/overweight permit shall have on file a letter from ETC Canyon Pipelines, LLC stating such vehicles can obtain oversize/overweight permits under their road bond on file with Garfield County Road & Bridge Department. These must be picked up at the Road & Bridge Office. Ms.Dustin Dunbar Acp.mm Senior Planner Garfield County, mom. Phone (970) 625-5903 FAX 625-5939 2/11/2009 To: Files From: John Niewoehner. Date: December 30, 2008 n EXHIBIT RE: ETC Canyon Pipeline LLC: (1) Rulison to Enterprise Pipeline Development Plan and (2) Holmes Mesa Compressor Station Rulison to Enterprise Pipeline Development Plan 1. 2. 3. Directional Boring Under the River and Highway: The Enserca engineering drawing AL -08 shows a single boring under the both the highway and river. However, on Enserca drawing EX -01 there are two borings - - one boring under the highway and a second boring under the river. Which is correct? Reclamation Plan: Steve Anthony needs to review the submitted reclamation plan. The County has a one-page document that lists the requirements of the reclamation plan. Financial Security for Reclamation: In order to calculate the amount of the financial security, we need to determine the area that will be disturbed by the pipeline. Roughly this area is the ROW width multiplied by the pipeline length [i.e. 60' ROW x (53000' pipeline — 3200' boring) = 66 acres]. Typically, the financial security required for pipeline projects is $2,500 per acre. Holmes Mesa Compressor Station SUP 1. Grading - Proposed Fill and Cut Slopes: The grading plan created by River City Consultants shows 3:1 slopes and does not show the retention basin. The grading plan created by Rodney Burrows shows 2:1 slopes. Which plan is correct? The County may require 3:1 slopes since vegetation cannot be readily re-established on 2:1 slopes. 2. Grading — Drainage Swales: How will runoff be directed from the compressor platform to the retention basin? No swales directing runoff to the retention basin are shown on the grading plan. 3. Grading — Vehicle Access: The grading does not show driveways interconnecting the different platform levels. 4. Retention Basin: What is the volume of the proposed retention basin? What volume is required to retain the 100 -year storm? How will the basin empty between rainfall events? What design elements prevent the failure of the retention basin? Who will maintain and clean the basin? 4. Reclamation Plan: Steve Anthony needs to review the submitted reclamation plan. 5. Financial Security for Reclamation: We need two reclamation bonds for the compressor station. The first bond is for re -vegetating the cut and fill slopes created during the construction of the compressor platform. The second bond is for the re -grading and re -vegetation of the compressor site when the compressor station is abandoned. This second Tong -term bond should not have an expiration date and its dollar amount should take into account inflation. 6. Engineer's wet seal: The grading and drainage plans and report needs to have the wet seal of the professional engineer. A scanned or photocopied seal is not sufficient. Page 1 of 1 Dusty Dunbar From: John Niewoehner Sent: Monday, January 12, 2009 9:59 AM To: Dusty Dunbar Subject: ETC Pipeline and Compressor Stn - Financial Guarantee Dusty - - I reviewed the materials provided. My only concern is that the County obtains a sufficient cost estimate to guarantee the eventual reclamation of the compressor site. • I talked with Steve Anthony this morning. He was out last week and hadn't looked at the ETC compressor station and pipeline plans yet. • Short-term Financial Security_ Steve will request $2,500/acre for the pipeline. Getting the pipeline re -vegetation is his priority. (He told me that the County just paid $3,000/acre for re -vegetation so the requested $2,500 security is certainly not too high.) • Long-term Financial Security: They need to provide a cost estimate to reclaim the site after the compressor station is abandoned. This includes re -grading and re -vegetating the site. They can provide the County with cost estimate using current costs. We will apply an appropriate interest rate to the expected life expectancy of the compressor station. John 2/11/2009 MEMORANDUM To: Dusty Dunbar From: Steve Anthony Re: ETC Rulison to Enterprise Pipeline and Compressor Station Date: January 14, 2009 Thanks for the opportunity to comment on this permit. My comments are as follows: Noxious Weeds Weed Management The weed management plan is acceptable. It is recommended that the applicant initiate weed management activities prior to the start of construction if possible. At the minimum, the noxious weed trees, tamarisk and Russian olive should be treated this winter. They can be treated this winter by utilizing the cut -stump method with a herbicide application. We recommend that the applicant do this and forward treatment records to this office. It is critical that the applicant implement a weed management program prior to reseeding. There are areas indicated that have heavy infestations of biennial thistles (Scotch). These areas will need to be treated in May or June and again in late August or early September. The area of concern is UTM Fasting 12S 755648 and UTM Northing 4373305. Other species found in other locations should also be addressed, however particular attention should be paid to the aforementioned area. There should be about a six-week window between the last herbicide treatment and the initial reseeding. Staff would like to have a meeting with the applicant on-site in May or June to assess the weed situation. We would expect to see the tamarisk and Russian olive trees treated by that time. Revegetation Revegetation Plan The revegetation plan is acceptable. All seed tags must be saved and made available to the Vegetation Management Department for verification. Revegetation Security • Pipeline The applicant has quantified the area of disturbance on private land has 89 acres (Jimmy Smith, January 14, 2009). We recommend a $2500 per acre security for disturbances on private land. This would come to $222,500. • Compressor The area of disturbance for the compressor station is 9 acres. The long teen revegetation security has been $4000 per acre. This totals $36,000. This figure only accounts for revegetation and not any earthwork, recontouring, or structure removal costs. 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. 6691 County Road 309 Parachute, Colorado 81635 3 Feb 09 Ms. Dustin Dunbar, Planner Garfield County 0375 County Road 352, Building 2060 Rifle, Colorado 81650 Dear Ms. Dunbar, EXHIBIT This letter details my concerns and response to the Rulison to Enterprise Pipeline and Compressor Station Development Plan. While a single plan, it covers two very different development issues. While a pipeline has short-term effects and minimal long-term impacts, a compressor station is a major item with major long- term effects to my community. It is inappropriate to combine these two items under only an administrative review. The compressor station merits open public review with questions and answers since it represents a major change in zoning and use for years to come. The shortened time frame for review, minimal notice, and lack of public hearings (thereby limiting public comment) of an administrative review is woefully inadequate for a commercial facility permanently and adversely changing the area. Agricultural Rural Residential use does not match with 24-7, noisy, industrial impacts for generations to come. Currently there are no posted notices of this plan on public thoroughfares it crosses as required in the process. Notice only went by mail to those within 350' of the proposed development rather than the larger area of landowners actually affected by this development. This plan fails to answer basic questions. Is there truly a need for a large transmission line? Why must a compressor station be on ARRD-zoned land? There currently are numerous gathering and transmission lines servicing the area to the Parachute plant. Where is the proof this project is required? If required, then why not locate the compressor station in areas where industrial use is already permitted such as near I-70? If approved, all of Holmes Mesa and surrounding rural areas will be adversely impacted by this industrial use for generations to come. The plan does not adequately address the noise issue of a compressor station. A pipeline of that size with six compressors will generate unacceptable noise levels in this quiet, rural residential area. Modeling is totally insufficient for review. There is no baseline data for the actual location and the adjacent properties. While 55 -day and 50 -night limits are set, this is not a city location and is high considering existing area noise. The plan fails to detail pigging stations and valve locations which can increase the size of the affected area. The use of water trucks to haul production water from the compressor station demonstrates poor planning and a lack of consideration on the part of the applicant. A production water line to at least I-70 should be required to eliminate additional long-term traffic issues on that unpaved, inadequately maintained section of County Road 301 and other haul routes. There is a retention pond on the compressor station site that is inadequately detailed. Specific requirements should be included for long-term use in a watershed boundary, like liners, breach procedures and cleanup standards. Groundwater fluctuations were not addressed in the plan because of snow at the time of last year's report. Why didn't they address it before the plan was submitted? With numerous springs in the development area, more baseline information and monitoring should be required in this water -critical area. Reclamation is covered only in general terms. This company has yet to meet reclamation terms on its existing pipelines. They should be required to bring current their existing pipelines reclamation before being allowed to start this development. Spreading of slash should be disallowed since it creates fire hazard. Noxious weed requirements need to be strictly enforced with penalty provisions. Landowner notice should be detailed for environmental accidents, fires and maintenance like pressure tests and pigging. The plans should include provisions for evacuating livestock as well as residences, with cost reimbursement provisions to affected persons. Notice needs to be given to the largest area affected. The plan's wildlife analysis raises many questions. While the short-term affect of the pipeline is addressed, the greater long-term 24-7 issue of a compressor station are ignored. This area includes critical deer and elk winter range, along with wild turkey and red-tailed hawk nesting sites. The drilling programs in the area have already adversely impacted or altered wildlife patterns. The noise issue of the compressor station must also applies to wildlife and requires analysis. The failure to address the wildlife impacts raises the question of competence of the purported experts preparing reports as well as the applicant. The question of compliance is crucial yet remains unanswered by the plan. The county must have the resources and expertise to review this plan carefully without rushing because of its long-term effect. Inspection of the requirements applied should be performed by the county or its independent agents at the expense of ETP Canyon Pipeline. The bonding requirements should be much higher since the plan will be used for the 80+ -year duration of the compressor station. I request the compressor station be reviewed with full public hearings, separate from the pipeline. Further study needs to be conducted on noise, water and wildlife before any consideration of the plan. Mitigation plans for many issues need to be added to the plan before consideration. It needs to be proven this compressor station cannot be located elsewhere in an area of compatible use. Because of the long-term effect of this decision, more time and more information must be given for this critical review. Sincerely, (Ms.) Marion J. Wells 33 e n c' e �y O 414Q$ N 0) 0 71 2 e � o n Et O Jimmy Smith From: Dusty Dunbar [ddunbar@garfield-county.com] Sent: Friday, February 27, 2009 11:47 AM To: Jimmy Smith Subject: RE: Rulison to Enterprise Pipeline Thank you for satisfying the requirements of Condition #17. To my knowledge, the conditions of the permit that have been satisfied so that construction will begin. I will look for the item that you said Carl Conner, the archaeologist, will be providing you upon his visit next week, and the pipeline as-builts when is complete. Please call me when the bore is being performed as I would like to see that. Thank you for your efforts. Dusty Senior Planner, Garfield County 625-5903 From: Jimmy Smith [mailto:jimmy@wagonwheelconsulting.com] Sent: Friday, February 27, 2009 11:23 AM To: Dusty Dunbar Subject: Rulison to Enterprise Pipeline In regards to the Rulison to Enterprise Pipeline Administrative Permit (Conditions of Approval). Wagon Wheel Consulting, Inc. has contacted all affected residence to the best of our ability to inform them of the project status and to resolve all outstanding concerns. All landowners informed Wagon Wheel that there were no outstanding issues or concerns with the pipeline and were ok with the construction beginning on the pipeline. As mentioned before on the phone please submit an email to myself which grants permission for Energy Transfer to begin construction on the pipeline. Please do not hesitate to contact me if you have any questions or concerns. Regards, Jimmy W. Smith (Cody Smith: codv@wagonwheelconsulting.com) Owner/President Wagon Wheel Consulting, Inc. 111 E. 3rd. St. Ste. 213 Rifle, CO 81650 Office: 970-625-8433 Cell: 303-726-9070 Fax: 970-625-8435 No virus found in this incoming message. Checked by AVG - www.avg.com Version: 8.0.237 / Virus Database: 270.11.3/1975 - Release Date: 02/27/09 07:05:00 1