HomeMy WebLinkAbout3.0 Permitri!!! v.o.r, 'i .! ' or ' 4'Trv'rIol I! 1
r& r-ei t ;on::' 778810
r 6r.. .:IF?i r f. -'11 �'� r , .
LAND USE CHANGE PERMIT
to
ETC Canyon Pipeline LLC
for the
Rulison to Enterprise Pipeline
(County Project No. PDP16808)
In accordance with and pursuant to Article IX of the Garfield County Unified Land Use
Resolution of 2008, the Director of the Building and Planning Department hereby authorizes,
by this Administrative Pipeline Development Permit, the following activity:
A 10.5 mile long, 24 -inch diameter steel pipeline, related
valve appurtenances, and the Holms Mesa Compressor
Station consisting of 3 compressor units. The pipeline
begins at the Holms Mesa Compressor Station (S8, T76,
R94W), travels north across the Colorado River and then
westward ending at the point in which it joins with a 35 -
inch diameter Enterprise pipeline (S1, T7S, R96W).
This Administrative Permit is issued subject to the conditions set forth in Exhibit A (attached
hereto), and shall be valid only during compliance with such conditions and other applicable
provisions of the Garfield County Unified Land Use Resolution of 2008, the Building Code,
and other regulations of the Board of County Commissioners of Garfield County, Colorado.
BUILDING AND PLANNING DEPARTMENT,
GARFIELD COUNTY, COLORADO
Fri°aniran, Ai
Building & Planning 1 epartment, Director
Date
r.:0 j< r U 7738 -�
Exhibit A
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.
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 301 and
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%overweight permit
will send a letter showing proof that they can operate under a 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. 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.
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.
8. 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.
9. All lighting on site shall be directed downward and inward onto the compressor site
itself.
10. The Applicant shall not store any heavy equipment or pipe supplies on compressor site.
11. Loading and unloading of vehicles shall be conducted on private property and may not
be conducted on any public right-of-way.
12. In no case shall an operator engage in activities which adversely affect Federal or State
threatened and endangered species.
1
P'!' 71'11,114 fc'fvF1'Vcii, fit f0P,', „ 43 I, 'r n'
13. 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. If
no occupation is found or determination of species is made by a qualified biologist, the
seasonal restriction shall be from March 15th to July 15th with a buffer zone of 1/3 mile
for Red Tailed Hawk nests, and as identified in the wildlife report.
14. 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 for endangered 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.
15. 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.
16. 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.
17. Should an abandoned pipeline be removed, it will be subject to the original revegetation
and weed management requirements in the original application.
18. Changes to this permit shall be made through the Amendment process.
19. The Applicant shall satisfy the comments from the County Vegetation Director as
follows:
The applicant must treat all inventoried noxious weeds in the project area prior
to construction activities. The noxious weed trees, tamarisk and Russian olive
should be treated during winter. They can be treated in winter by utilizing the
cut -stump method with a herbicide application. Treatment records shall be
forded to: Garfield County Vegetation Management, PO 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
must also be addressed.
■ There should be about a six-week window between the last herbicide treatment
and the initial reseeding.
2
i; pie ■}e ' I t r I1141
Rr. -r_j'. t .1 on:: 773310
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 shall meet with the applicant on-site in Mayor June 2009 to assess the weed
situation. Staff expects to see the tamarisk and Russian olive trees treated by that
time.
• All seed tags must be saved and made available to the Vegetation Management
Department for verification.
• Pipeline Re -vegetation Security: 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 re -vegetation Security: 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.
3