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HomeMy WebLinkAbout3.0 PC Staff Report 10.14.1998PROJECT INFORMATION AND STAFF COMMENTS PC r0lr4l98 A request for review of a Special Use Permit to allow construction of a liquid petroleum pipeline. Mid-America Pipeline ComPanY The western portion of Garfield County, namely the Baxter Pass area. The pipeline would cover 25 miles, disturbing 106 acres. Existing public and Private roads Permit Fee- $400.00 R,/L, A/I RIL, A/I REQI.IEST: APPLICANT: LOCATION: SITE DATA: ACCESS: FEES: E)ilSTING ZONING: ADJACENT ZONING: I. RELATIONSHIP TO THE COMPRETM,NSIVE PLAN The subject property is classified as unclassified lands in the 1984 Garfield County Comprehensive Plan. II DESCRIPTION OF THE PROPOSAL A. Site & project Description: MAPCO is requesting a special use permit to allow the construction, maintenance and operation of a high pressure petroleum products pipeline, consisting of 10, 12 ans 16 inch diameter portions. The line will be placed adjacent to an existing pipeline installed in 1982, which has a total barrel per day ca-pacity of the ryrt.* from 75,000 BPD. The proposed line will have a capacity of 120,000 BPD. The proposed pipeline begins in Kurtz New Mexico and runs north through La Plata and Dolores countiei, in Colorado, turning west into Utah, running north through Moab, turning east into Mesa County, running north into Garfield County into Rio Blanco County and continuing north, ending in northern Utah', Construction is projected to begin on the Baxter Pass section in Garfield County this fall with construction continuing into early 1999' il. The pipeline crosses 13.8 miles of private and 10.7 miles of federal land for a total of 24.5 miles. MAIOR ISSUES AND CONCERNS A. Easements: Ttre applicant has obtained all required easements and is locating withirr previously established easement areas' The project has been certified by the Federal Energy Regulatory Commission and has the right of eminent domain as specified in Section 7(h) of the Natural gas Act of 1938 The project should not require use of this right. B. Road Crossings: County Road 201 is located parallel to most sections to the pipeline, und "ro.res the road 6 times. The existing pipeline, placed in 198b, was insrtalled to a substandard depth causing an accident in 1988' MApCO recognizes this condition and has indicated that they will fix the single known location and measure the depth at all other crossings, replacing as necessary. The applicants have acknowledged that any road damage created by their contractors during the construction of the pipeline is their responsibiiity. The applicants will meet with King Lloyd prior to construction to set any bonds, verify location of crossings and road conditions. C. Water Resources: Water will be used to hydrostatically test the pipeline. It is assumed that this water will be from the Colorado River. All water used shall be purchased from the appropriate entity. Dust abatement may be required, and will utilize a minimal amount of water which shall be the responsibility of MAPCO or their contractors to obtain in a legal manner. No water is required to operate the pipeline' D. Noise, Dust and Glare: No long term impacts from the construction are projected. Short term impacts are anticipated and shall be mitigated by MAPCO in any manner specified in the application' E. Wildlife Impacts. The proposed pipeline alignment and possible impacts as indicated inthe E.A. No. UT-UTSO -98-2, shall be mitigated as indicated and federally mandated pursuant to said document' F. Adjacent Property Impacts: Staffhas not received any opposition, either verbal or written, to the proposal, to date' 2 rv. G. Revegetation: MAPCO has indicated in their application, remediation and revegetation measures. The applicant shall be required to meet any and all standards as indicated in their application or as instructed to do so by a federal agency. SUGGESTED FINDINGS 1. That proper posting and public notice was provided as required for the meeting before the Planning Commissioner. 2. That the meeting before the Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the proposed exemption is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in conformance with the Garfield County Zonng Resolution of 1978, as amended. RECOMMENDATION Staffrecommends APPROVAL, with the following conditions of approval: 1. That all representations of the applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval. 2. All comments and conditions from the Planning commission shall be valid for a period of no more than 120 days following the conditional recommendation of approval from the planning commission to be heard before the Board of County Commissioners, and that if approval is granted, All comments and conditions from the Board of County Commissioners shall be valid for a period of no more than 120 days following approval. 3. All construction shall be in compliance with the application as submitted. 4. Mid America Pipeline Company shall provide, at their expense, an independent quality control and construction inspector who shall inspect and report progress and activity of the pipeline construction, a minimum of once monthly during mobilization, construction and restoration of said areas, and provide said report to the County. v. 5. Prior to mobilization and/or construction, the applicant shall obtain approval of all proposed crossings of County Roads from the Garfield County Road and Bridge Department including appropriate notification of the public as may be necessary for road closures or other activities as required. 6. Prior to mobilization and/or construction, the applicant or the applicant's contractor(s) shall obtain overweight vehicle permits from the Garfield County Road and Bridge DePartment i. The applicant shall provide a pre-mobilization and/or construction survey, listing existing road and pipeline alignment conditions to the Garfield County Building and Planning and Road and Bridge Departments. 8. The applicant shall obtain all licences as may be required for vehicles used by the applicant and the applicant's contractor(s) from the Garfield County Clerk and Recorder. 9. A copy of the Emergency Preparedness Plan shall be submitted to the Garfield County Emergency Preparedness Office prior to any mobilization and/or construction. 10. The Mid America Pipeline Company shall provide a survey of all existing road crossings of the existing pipeline owned and operated by the Mid America Pipeline Company as described in the approved 1980 MAPCO Inc. Conditional Use Permit to the Garfield County Building and Planning Department. The survey shall identify the exact depth of pipe. The applicant shall seek approval of a special use permit to repair or replace any and all substandard pipe placements within 120 days of functional operation of the proposed Mid America Rocky Mountain Loop. 1 1. Any violation of the terms, interpretations or agreements made or represented to Garfield County by the Mid America Pipeline Company pertaining to or included in this special use permit, shall be considered a breach of the terms of conditions and the Mid America Pipeline Company shall cease and desist all construction activities and forfeit any and all bond monies as may be applicable to the County. NOTE: Additional conditions of approval may be presented by staffat the October 14, 1998 hearing. 4