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HomeMy WebLinkAbout2.0 BOCC Staff Report 02.17.2009PROJECT INFORMATION AND STAFF GOMMENTS TYPE OF REVIEW APPLICANT PARCEL ID # LOCATION /AGCESS SITE INFORMATION EXISTING ZONING / ADJACENT ZONING BOCC 217l0S DD Special Use Permit application for "lndustrial support facilities- material handling, pumping facilities, processing of natural resources" in specific, the installation of a control room for a natural gas compressor station, adjacent to Conn Creek I Compressor Station Oxy USAWTP LP 2169-214-A0-026 The subject property is located on Conn Creek Road, 1.25 miles from its intersection with CR 213, approximately 10 miles northwest of Debeque 1.8 acres of a 10,303.37 acre parcel Resource Lands (Gentle Slopes and Lower Valley Floor), Adjacent:: Open Space (BLM) I. DESCRIPTION OF THE PROPOSAL This is a Special Use Perrnit (SUP) application for "Processing and Material Handling of Natural Resource" for the installation of a conlrol facility for a natural gas compressor station on 1.8 acres of 10,303-acre property owned by Oxy USA WTP LP ('Oxy'). The site is shown on the map at right, and detailed below. The application was deemed 'technically complete' prior to December 31, 2008, and is being processed under lhe Zoninq Resolution of 1978. as amended. ffi o SUP: Conn Creek ll ComprcssorSfaf,io, Control Facility D.Dunbar The Applicant requests approvalfor the SUP to construct a control facility for the operational management of two (2) natural gas compressor stations: the existing Conn Creek I Compressor Station and the proposed Conn Creek ll Compressor Station. The purpose is to expand Ory's gathering, compressing and pumping capacity. The facility is a24 X 60'office building to be built on a 83'x 135'pad. The pad will provide access, parking, a septic system, as wellas the building. The access is onto Conn Creek Road (private). This view would be similar for the front view of the office facility depicted bythe arrow on the site map above. SUP: Conn Creek ll CompressorSlafon Conkol Facility D.Dunbar ?ft7/09 II. BACKGROUND Referral to Planninq Commission Staff brought the application to the attention of the BOCC to determine if a referral to the Planning Commission was necessary. The BOCC did not refer the application to the Ptanning Commission. III. ZONING & ADJAGENT USES The subject property is zoned Resource Lands (RL) Valley Floor. The type of use requested falls under the definition of "sforage of oil and gas drilling equipment; Site for extraction, pro.cessing, storage of material handling of naturalresources' contemplated as special use. IV, AUTHORITY & APPLICABILITY Pursuant to Section 9.03.04 of the Zoning Resolution, an application for a Special Use Permit shall be approved or denied by the Board of County Commissioners after holding a public hearing thereon in conformance with all provisions of the Zoning Resolution. V. REVIEW CRITERIA FOR SPECIAL USE PERMITS (SECTION 5:03) Pursuant to Section 5.03, as listed under the Zone District Regulations, special uses shall conform to al[ requirements listed there under and elsewhere in the Zoning Resolution, as well as the following standards: 1. Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commrbsfoners shall either he in place or shall he Constructed in conjunction with the proposed use. Response The compressor station operates 365 days a year, 24 hours each day as a facility operated by 2-4 employees per 24-hour period. The letter narrative of the application states that "fhe compressor station control facility will not add any additional employees for the operation of the station '(The employees are bging relocated from the compressor building to this facility.) The compressor station is monitored 24 hours a day by personnel, but there are no living quarters on the site. A portable toilet on the site meets the sanitation demands for the personnel operating the site during the construction phase. Water and sanitation services are necessary for the proposed facility; they will be provided by a cistern and and ISDS. Water and wastewater will be transported to appropriate processing faciltieis off-site. SUP-- Conn Creek Il Compressor Station Control Facility , ,"r;)t;; During the'construction phase'of the project, an additional 10 people per day are anticipated at the site for approximately six months. Portable sanitary facilities for up to 25 people per day are used at the site to accommodate this need. The sanitary facilities may need to be serviced more often during the'construction phase'. 2. Streef improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use sha/l either be in place or shall be constructed in conjunction with the proposed use. Response The 'construction phase' is estimated to last two months for the installation of the compressor controlfacility. During construction the site is expected to generate an additionaI 6 pickup trips (3 in, 3 out) and the delivery of a forklift during the instaltation of the structures. The route used is County Road 213. All of the truck travelwill be traveling on County roads and require any involved contractorto have a valid Garfield County oversize/overweight vehicle permit for any equipment used. After construction there will be minimal traffic generated by the operation. The normal trip generatlon in the operative function of the site is: four (4) trips daity by pickup (1in, 1 out, twice daily) for monitoring and one (1) trips daily by 2ton truck for maintenance purposes. The traffic analysis was used jointly forthis facility's impacts and those of the Conn Creek ll Compressor Station which this serves. provided comments from a dialogue with Jake Matl, Administrative Foreman for Garfield County Road & Bridge, speaking about vehicle perrnit requirem;nts and trip generation for personnel in the standard operation of the facility (Exhibit B.) No improvements to CR 213 were requested in response to this compressor expansion. The road to the Compressor site is an existing road that meets the County's standards and the County does not foresee a major increase in traffic flow after the construction period and the additional compressors are online. 3. Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and hy location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character. Response The property is located in a remote area with the nearest residence 5 miles away, ln response to noise concerns, sound will be contained inside this office structure and should not serve to create adverse effects. The equipment on the site is painted with a neutral shade of tan non-reflective paint to minimize glare and be more visually inconspicuous. 4 SUP: Conn Creek ll CompressorSlalron Control Facility , r;*;[ The pad wilt not be fenced except for vehicle gates near the access drives for intermittent use. Its intent is for use by smaller vehicles. The proposed office will not markedly change the visual impact of lhe existing compressor station. Concentrating these industrial uses in one area serves to minimize a wide-spread adverse effect, and allow other acreage to stay una[tered. No screening is proposed for the site. While the site does not have a water source available (Conn Creek), Staff feels that the water required to support a vegetation screen in a relatively industrial setting would better serye wildlife by remaining in the stream fortheir use elsewhere. Staff is not recommending a requirement of screening. While no lighting more than the minimum for the compressor control facility is proposed, all lighting shall be directed inward and downward. Secti on 5.03.07 ilndustri al O$erationsl. Pursuantto Section 5.03.07 of the Zoning Resolution, a permitfor lndustrialOperations requires the submittal of an impact statement on the proposed use describing its location, scope, design, and construction schedule, including an explanation of its operational characteristics. The impact statement is required to address the following: (A) Existing lawful use of water through depletion or pollution of surtace run-off, stream flow or ground water. Response The facility site has been designed to insure protection of ground water and nearby streams through the directing of run-off channeled around the site, pass through to the road the convey it through natural carry to Conn Creek. A CDPHE stormwater management plan for construction to mitigate flows of sediment will be a condition of approval. Domestic gray water will be provided by tanker truck, and returned to the ground from an ISDS leach field system (B) lmpacts on adjacent land from the generation of vapor, dusf, smoke, noise, glare or vibration, or other emanations. The facility site has little reason to generate these undesirable effects, as it is an office facility that does not serve as an occupied structure (housing), but adverse effects during construction will be mitigated. Appropriate road base materials wilt be provided in the parking and access areas to reduce dust. Dustgenerated from lowspeed trafficwillbe addressed by the dust mitigation program provided. (C) tmpacts on witdtife and domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, hlockade of migration routes, use patterns or other disruptions. 5 SUP: Conn Creek tl Compressorslalion Contrcl Facility , ,r1y;; Response The 1 .8-acre site is a vegetated hiltside that provides cover to a variety of animals and birds. It is currently undisturbed; the open flat area will is taken up with the placement of the facility. The nearby riparian zone remains. The Applicant has an existing 4' pasture fence that has been not be deemed to be a hazard to wildlife. There is no human habitation onsite and the limited foodstuffs and refuse accumulated is emptied often enough to prevent the attraction and habituation of black bears and coyotes. Any expansion or installation of equipment contributes to a cumulative adverse effect on witdlife. Compressors and natural gas development occupy ground thatwas former habitat and altered the habitat locale and behavior of animals. By permitting these facilities at this location, however, rather than a site a distance away from the existing Conn Creek ll Compressor Station, the adverse effects and disturbance are at least concentrated on one site. Animals periodically enter the compressor site, but do not encounter any fence at this facility. The site is located within overall range land for mule deer, elk, turkey and black bear as identified on the Division of Wildlife's wildlife distribution maps. (D) Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacfs fo areas in the County. Response The two different phases of the operation have differing trip generation. AII traffic will travel up County Road 213 and 204. This existing road meets the County's standards, and the Applicant represents that surface maintenance to treat fugitive dust and prevent mud from being dragged frorn the site to the roadway will be done. The initial traffic is related to construction and the delivery of the pad materials, structural materials and surface materials. Vehicles range from pickup trucks to semi-trucks with trailers to transport heavy loads, such as buitding materials and the ISDS vault. As noted earlier, the compressor station control facility, once fully operationa[, is expected to generate timited vehicle trips per day into and out of the facility. Most of this truck travel will be coming from on CR 213 which is capable of handling the additional trips. There is no proposed increase of occupancy of the site. The Applicant does not foresee a major increase in traffic flow after the construction period and the additionalcompressors are online. No improvements to CR 213 are necessary as a result of this compressor station expansion. Road & Bridge Department comments also speak to safety issues on CR 204: Allvehicles shallabide by all construction signage and speed limits on Cr. 204, this could include reduced speed limits, bypasses and traffic sfops. Ihrs construction could continue for up to one year. SUP: Conn Creek ll Compressor Slation Conkol Facility D.Dunbar 2n7/A9 (E) That sufficient distances shafl separate such use from abutting property which might otherwise he damaged by operafions of the proposed usefs/. Response The operations at the facility will not affect any abutting property. The proposed facility will not encroach upon existing setbacks or reduce current separation distances to abutting properties. Staff agrees that the existing facility is located wellwithin required setbacks and is sufficiently separated from adjacent properties in all directions. (F) Mitigation measures proposed for all of the foregoing impacts identified and far the standards identified in Section 5.03.08 of this Resolution Specral IJse Permits may be granted forthose uses with provisions that provide adequate mitigati on fo r the fo I lowi ng : (A) A plan for site rehabilitation must be approved hy the County Commissioners befare a permitfor conditional or special use will be rssued,' Response The site is previously undisturbed and there is no re-vegetation security in place for the Conn Creek ll Compressor Station Control Facility site. A plan for site rehabilitation has been submitted and shall be implemented for on-going weed abatement and reclamation, should the site be abandoned. (B) The County Commissioners may require security hefore a permit for special or eonditional use is rssued, if required. The applicant shall furnish evidence of a bank commitment of credit, bond, certified check or other security deemed acceptable hy the County Commissioners inthe amount calculated bytheCounty Commissionersto secure the execution of the site rehabilitation plan in workmanlike manner and in accordance with the specifications and construction schedule esfablrshe d or approved by the County Commissioners. Such commitmenfg bonds or check shall be payable to and held by the County Commissioners; Response ln the past, the Board has required, as a condition of approval that "A sufficient monetary security, determined by the Board of Coun$ Commissioners, to ensure rehabilitation of the site once operation has ceased shall be provided by the Applicant." There is neither a re-vegetation security nor a reclamation security in place for this newsite. A revegetation security and a reclamation security in compliance with the comments of the Vegetation Management Department for the 1.8- acres shall be a condition of approval. o 7 SUP: Conn Creek ll C,ompressorSlafion ConkolFacility ,.r;i*;[ Section 5.03.08 f I ndustrial Pertorm an ce Stan dardsl Pursuant to section 5.03.08 of the Zoning Resolution, all lndustrial Operations in the County shall comply with applicable County, State, and Federal regulations regulating water, air and noise pollution and shall not be conducted in a manner constituting a public nuisance or hazard. Operations shaU be conducted in such a manner as to minimize heat, dust, smoke, vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the property in which such uses are located, in accord with the following standards: 0 Volume of sound generated shall comply with the standards set forth in the Colorado Revrbed Sfalutes at the time any new application is made.(2) Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generafed is not perceptible, without instruments, at any point of any boundary line of the propefty on which the use is located.(3) Emissions of smoke and particulate matter: every use shall be operatedso as to comply with all Federal, Stafe and Caunty air quality laws, regulations and standards.(4) Emission of heat, glare, radiation and fumes: every use shall be so operated that it does notemitheat, glare, radiation orfumeswhich substantiallyintefierewiththe existing use of adjoining propefty or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall he exempted from thls provision, (5) Sforage area, salvage yard, sanitary landfill and mineral waste disposal areas:(6) Water pollution: in a case in which potential hazards exrsf, it shall be necessaryfo install safeguards designed to complywith the Regulations of the Environmental Protection Agency hefore operation of the facilities may begin. All percolation fesfs or ground water resource fests as may be required by local or Sfafe Health Officers must he met before operation of the facilities may begin. Staff Response Shoutd the Board approve the request for the Conn Creek ![ Compressor Station Control Facility, Staff suggests the industrial performance standards specifically related to the operation be considered conditions of approval as they are specifically intended to ensure that any industrial use such as the proposed office function in accordance with the proper best management practices and within the parameters of the State statutes. The use is not expected to generate noise, vibration, smoke, heat, radiation, fumes, storage issues, flaring of gases or water pollution. No storage of materials or heavy equipment is requested or permitted on site. The structure will be painted with non-reflective neutral desert tan paint to reduce glare. The requirement for screening should not be required as the site is remote, and the limited water better seryes the wildlife in the area. The level of noise 250 feet from the compressors is 65 dbl, within tight industrial standards, and within residential standards at approximately SUP: Conn Creek ll CompressorSfafion Control Facility O ?;ly;; 800 feet. Little outdoor noise will be generated on the office site after the construction period. Section 9.03.05lPeriodic Review of SUPI Pursuant to section 9.03.05 of the Zoning Resolution: Any Special Use Permits may he made subject to a periodic review nof less than every six (6) months if required by the County Commissioners. The purpose of such review shall beto determine compliance or noncompliance with any pettormance requirements associafed with the granting of the Specr?I Use Permit. The County Commissioners shall indicate that such a review is required and shall establish the time periods at the time of issuance of a Special Use Permit. Sucf review shall be conducted in such mannerand by such persons as the County Commissioners deem appropriate to make the review effective and meaningful. Upon the completion of each review, the Commissioners may determine that the permit operations are in, compliance and continue the permit, or determine the operations are not in compliance and either suspend the permit or require the permittee to bring the operation into compliance by a certain specified date. Such periodic review shall be limited to those pertormance requirements and conditions imposed at the time of the original rssuance of the Speclal Use Permit. Staff recommends that no periodic inspection is necessary with this use. VI. REFERRAL AGENCY COMMENTS Staff referred this to a number of referral agencies for comment: . Colorado Division of Wildlife (CDOW): Letter dated January 26, 2009 from J.T. Romatzke, Area Wildife Manager, attached . Garfield County Oil & Gas Liaison: No comments received. . Garfield County Road & Bridge Department: Lefterdated February 2,2009, from Jake Mall Administratlve Foreman, attached . Garfield County Planning Dept. Project Engineer: Letter dated December 29, 2008, attached . Garfield CountyVegetation Management Department Letterdated January29,2009 from Steve Anthony, Director, attached VII. RECOMMENDED FINDINGS 1. Proper posting and public notlce was provided as required forthe meeting before the Board of Couniy Commissioners. SUP: C,onn Creek ll CompressorSlafion C,ontrol Facility D,Dunbar 2J17/09 2. The meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. The above stated and other reasons, the proposed special use permit has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. The application has met the requirements of Special Use (Sections 5:03, 5:03:07, 5:03.08 and 9:03) the Garfield County Zoning Resolution of 1978, as amended. VIII. STAFFRECOMMENDATION Due to the following conditions:. the limited nature of potential impacts to surrounding properties, ' the remote location of the property, ' the proposed is an office use in an existing complexthat is required to operated within compliance for noise and other undesirable effects Statf recommends the Board approve the request for a Special Use Perrnit for the expansion of the Conn Creek ll Compressor Station Control Facility with the following conditions: 1. That all representations of the Applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval unless explicitly altered by the Board. 2. That the operation of the facility be done in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facitity. 3. That the Applicant shall comply with the fire protection provisions included in the rules and regulations of the Colorado Oiland Gas Conservation Commission (COGCC) and the lnternational Fire Code as the Code pertains to the operation of this facility. 4. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. 5. Vibration generated: the Conn Creek Il Compressor Control Facility shall be so operated that the 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. 6. Emissions of particulate matter: the Conn Creek ll Compressor Control Facility shall be so operated so as to comply with all Federal, State and County air quality laws, regulations and standards. 10 7. SUP: Conn Creek ll Compressor Station Control Facility D.Dunbar 417/09 Emission of heat, glare, radiation and fumes: the Conn Creek ll Compressor Control Facitity shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. No storage of heavy equipment or materials is proposed or permitted. Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. Water pollution: in a case in which potential hazards exist, itshall be necessary to install safeguards designed to comply with the Regulations of the Fnvironmental Protection Agency before operation of the facilities may begin. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin. The Conn Creek ll Compressor Control Facility and related facilities be installed on the site under this Special Use Permit. Proper building and grading permits are to be obtained for the pad and structures prior to the issuance of a Special Use Permit. A re-vegetation bond of $4000 per acre shalt be submitted for the 1.8-acre site disturbance, as per the Garfield County Vegetation Manager. lf the use as a compressor plant is ended, reclamation shall be initiated within 60 days and meet the requirements set forth in the reclamation plan in place on the date the Special Use Permit issued, or the site reclamation standards in place at the time of use cessation, whichever is more stringent. The reclamation standards at the date of permit issuance are cited in Section 4.06,4.O7 and 4.08 of the Garfield CountyWeed Management Plan (Res o I ution #2002-94). RECOMMENDED MOTION "[ move to approve a Special Use Permit to allow the expansion of the Conn Creek ll Compressor Control Facility with the conditions provided by Staff." 8. 9. 10. 11. 12. tx. 11 REFERRAL FORM Gorfield County Building & Plonning Deportment Rifle Airporl Office- 0375 CR 352, BIdg 2060, Rifle CO 81650 Dote Sent: 1.9.2008 -bD Return Requesled: 2.2.2OO9 625-5903 Fox: (970) 625-5939 File Number/Nome(s)Proiecl Nome(s)Type of Applicolion(s) suP r8408 Conn Creek UllCompressor Stotion Control Focility Speciol Use Permit Stoff Plonner: Dustin Dunbor,nrcp ddunbor@gorfield-county.com Phone: 970.625.5903 Applicont: Oxy USA WTP LP Phone: Conloct Person: Mork Bellinghousen, Nolte Engineering Phone: 303.220.6400 Locolion: Porcel #2169-214-00-026 NW % NW % Sec 32, T6S,R9ZW of the 6th PM Summory of Request Construci NG compressor stoiion conirol focilit The Garfield County Planning Department has received a land use request as referenced above. Your comments are an important part of the evaluation process. In order to review all appropriate agency comments and incorporate them into the Staff Report, we request your response by day AND date above (upper RH corner). GARFIELD COUNTY Office or Division OTHER Number or Detoil Roocl & Bricloe x Engineering Review - JN-gineer Altornev x HOA flins Plonning Commission Urs oept.Boord of County Commissioners Veoelotion Mqr X HOLD THESE APPLICATIONS- I'LL Oil ond Gos x PICK THEM BACK UP- THANKS!!I COLORADO STATE LOCAL/FED GOVT ENTITIES t^r^+^. o6.^' 'raac / (tnla t-n^rn66r T, icolaaieal Sr rruev IFeel Corrntv - Deportment of Tronsportolion Bureou of Lond Monogement Woter Conservoncy Boord US Forest Service Mined Lond Reclomotion Boord U.S. Army Corps of Engineers Fnracl \crviee IFeel Wilcllife Division IGWS OR GJ cr Y DISTRICTS/SERVICES Prrblic Service Xcel Holv Cross Flectric AT&T IApol Disirict - RE-1, RE-2, I6 foou,.r- Debeoue Woter/Soniiotion RFTA Y Hpallh F)ennrimenl Y Soil Conseruolion Districl BOCC Exhibits (21 \7 /2009) (Speciol Use Permit- Conn Creek ll Compressor Stotion Control Focility) Exhibit Letter (A to Z) A Proof of Moil Receipts B Proof of Publicotion c Gorfield County Zoning Reguloiions of i978, os omended (the Zoning Code) D Applicotion E Stoff Report F Stoff Powerpoint G Letter from J.T .Romotzke, Areo Wildlife Monoger, AreoT (Grond Junction) Colorodo Division of Wildlife, doted 1.26.O9 H Letter, GorCo Rood & Bridge Dept, Joke Moll, Administrotive Foremon, doted 2.209 I Letter, GorCo Plonning Dept, John Niewoehner, PE Project Engineer, doted 12.29.Ob J Letter, GorCo Vegetotion Monogement Dept., Steve Anthony, Director, doted 1.29.O9 Exhibit STATE OF COLORADO Bill Ritter, Jr., Governor DEPARTMENT OF NATURAL RESOURCES o PJy!$1"?,lf-9f"uvl L D LI F E Thomas E. Remington, Director 6060 BroadwaY Denver, Colorado 80216 Telephone: (303) 297'1 192 wildlife.state.co.us Dustin Dunbar Garfreld County Building and Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Conn CreekV II Compressor station control Special Use Permit - SUP 18408 ForWldlife- For People JAN 2 I 2009 GARFTEtD gq.q.NI BUILDING & PIANNTNG facility Control FacilitY JanuarY 26,2009 Dear Mr. Dunbar, Thank you for the opportunity to comment on the proposed compressor station control facility control facility' The Division of wildlife acknowledges oXy's ."qr"it to develop a compressor station control facility adjacent to an existing "orpr.rro. station contrJl facility that lies along !9nn Creek, north of the town of DeBeque, CO' The proposed development lies at the base oia steep slope with west and south facing utp.?!!f: The Division of Wildlife would like to offer the following commenti with regard to potential impact on wildlife. Habitat The proposed building site lies along Conn Creek, *!i:! provides riparian-habitat as it flows year-round' Riparian areas such ultni, are highfi valuable to wildlife, as they provide both permanent habitat and migration corridors allowing movement from one area to another. The riparian vegetation along-Conn Creek consists of a few deciduous shrubs and woodland overstory comprised of mountain boxelder, locust, willow and cottonwood. Habitat surrounding the proposed site is characterized by sagebrush-steppe, mountain shrub and woodland vegetation, consisti.rg primarily of Gambel's oak, Douglas fir, big sagebrush, rabbitbrush, snowberry, sJrviceberry, chokecherry, ,rrnu., and several forbs and grasses. This habitat provides crucial summer range for mule deer; ,rrnrn"a'.urge, severe winter range, winter concentration area and production area for elk; year-round and piiuction range for wild turkey; summer and fall concentration areas for black bears; year-round rung" io. mountain lion; and production areas and winter range for Greater sage grouse. ih" p.oposed flcility lies in close proximity to at least two active sage grouse leks, present on Skinner Ridge above the site' The proposed compressor station control facility lies in an area where native vegetation provides. foraging, n"rting, the.rnul and escape habitats ftr numerous species of wildlife- The removal and disturbance of #tire vegetation foi the construction of the compressor station control facility and associated roads will nelatively impact the native wildlife species associated with this project area. Upon rehabilitation of this locition'and roads, negative impacts to native wildlife can be offset by planting u.,ritubl. mixture of native graqs/forb/shrub seed. Seed plantings on,disturbed soils will have greater g".*irutio, and survival ratei when the soil surface has been prepared to hold moisture and runoffprecipitation. Soils will exhibit increased moisture retention capabilities when the soil surface has DEPARTMENT OF NATURAL RESOURCES, HATT|S D. ShETMAN, EXCCUt|VC D EC1OT WILDLIFE COMMISSION, Robert Bray, chair. Brad coors, Mce Chair. Tim Glenn, Secretary Members, Dennis Buechler. Jeffrey Crawford . Dorothea Farris . Roy McAnally ' Richard Ray ' Robert Streeter Ex fficio Members, Hanis Sherman and John Stulp EXHIBIT a ffi been loosened with a "ripping tool" that creates a rough and uneven soil surface and seed bed. This treatment will increase seed germination, and, will reduce the amount of surface runoff and soil erosion. O Poachintrultiple species of wildlife that inhabit the area surrounding the proposed facility, including elk, mule deer, bear, mountain lion, wild turkey and sage grouse, may be extremely vulnerable to illegal hunting during various times of the year. Wildlife often concentrate near roads and riparian areas, particularly during the winter months when deep snow forces them to lower elevations. Wildlife along roadside habitats may become highly visible during certain times of the year, and can become easy targets for poaching. The Division of Wildlife acknowledges that DOW Law Enforcement presence is welcome at all times on OXY property, and recommends that OXY continue to internally enforce their rules regarding possession of firearms, and report any incidents of poaching immediately to the Division of Wildlife. If a poaching incident occurs, representatives of OXY should immediately call the District Wildlife Manager (via Colorado State Patrol if after normal business hours) or Operation Game Thief (OGT) at 1-877-265-6648. OXY should educate workers about poaching and encourage reporting of incidents to Operation Game Thief. Bears Increased human use of the proposed development area may increase the potential for conflicts with black bears during the summer and early fall, particularly during years of drought. The Division of Wildlife notes that 30-gallon bear proof refuse containers will be provided for each unit, and that OXY will provide at least one large bear-proof dumpster that will be emptied at a weekly minimum. The Division of Wildlife also notes that outdoor food storage will be prohibited on all OXY compressor station control facility sites to prevent the attraction of bears and other animals. In addition, the Division of Wildlife recommends that employees will be required to comply with "bear aware" policies regarding food, trash, BBQ grills, and birdfeeders; and educated on what to do if they encounter a bear. The Division of Wildlife would gladly offer specific on-site recommendations to minimize human-bear conflict, and provide bear education seminars for contractors and/or employees. lleed Control The disturbance of soil, particularly along riparian corridors, increases the chance of non-native weed invasion. The Division of Wildlife notes that the Integrated Vegetation and Noxious Weed Management Plan sufficiently addresses these issues and includes recommendations for treatment and reduction of non-native weeds. The Division of Wildlife supports these recommendations, and would gladly provide any additional information needed on weed control. Roads The Division of Wildlife notes and supports that minimal new roads are proposed with this new development. Minimizing the number of roads will benefit wildlife, as building of multiple roads in an area increases fragmentation of habitat, inhibits the natural movement of wildlife across the landscape, increases road-kill mortality, and broadens the opportunity for poaching. Minimizing roads and road use will also decrease fugitive dust, which can become severe during dry summer months. The Division of Wildlife recommends that OXY strictly enforce speed limits on new and existing roads, and employ dust control measures as needed. Cumulative Impacts Negative impacts to wildlife become sigrificant when habitat disturbances caused by gas development are added over time and become cumulative. Negative impacts to wildlife are a result of noise from well heads and compressors; increased sedimentation; disturbance of fragile soils and steep slopes; loss of winter forage for wildlife; loss of migration corridors for wildlife; human disturbance to wintering populations of wildlife; animal harassment as a result of increased human activity; vegetation disturbance by road, pipeline and well pad construction; increased invasion of noxious weeds to disturbed sites; and increased access into roadless areas resulting in a loss of seclusion for wildlife and increased vulnerability to poachers. Furthermore, the rate in which disturbed sites are reclaimed is not equal to the rate of disturbances created by gas development. As a result, there is significant deficit to biologic systems created and compounded by the time it takes to restore lost habitat. Thank you for the opportunity to comment on the Conn Creek I/II Compressor Station Control Facility development proposal. The Division of Wildlife appreciates the opportunity to comment on new developments in Garfield County. If you have any other questions, please contact District Wildlife Manager Albert Romero at 970-25s-61s4. Ron Velarde, Northwest Regional Manager Brad Petch, Senior Wildlife Conservation Biologist Albert Romero, District Wildlife Manager Area Wildlife Manager GARFIELD COUNTY Building & Planning Department Review Agency Form EXHIBIT -L.Iot Date Sent: January 9,2009 Comments Due: February 212009 Name of application: Conn Creek 1/11 Comp. Station Control Facility Sent to: Garfield County requests your comment in review of this project. Please notifu the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staff Contact: Dusty Dunbar 109 8th Sfeet, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Garfield County Road & Bridge Department has no objections to this application with the followins comments. This application is exempt from the Garfield County driveway access permit standard as the location is beyond the County portion of Cr. 213. The traffic load after the construction of this proiect will not significantly impact the total traffic load on Cr. 213. _ All vehicles hauling equipment and materials for this project shall abide by Garfield County's oversize/overweight permit system. Any vehicles requiring oversize/overweight permits shall apply for them from Garfield County Road & Bridge Department. Garfield County Road & Bridge Department shall have on file a letter or e-mail from Oxy USA stating such vehicles can apply for oversize/overweight permits under Oxy USA's bond on file with Garfield County Road & Bridge Department. All vehicles shall abide by all construction signage and speed limits on Cr. 204. this could include reduced speed limits. bypasses and traffic stops. This construction could continue for up to one year. Name of review agency: Garfield County Road and Bridge Dept Jake B. Mall Date January 12.2009By: Revised 3130/00 Page 1 ofl Sent: Monday, December 29,2008 9:37 AM To: Dusty Dunbar Subject: Oxy - SUP - Conn Creek Control Room Attachments: Weed Mngt & Site Reclam Req'ts.doc Hi Dusty, I have reviewed the Conn Creek Control Room SUP with regard to: grading, drainage, driveway geometry, and erosion control. There are no engineering concerns regarding the project. However, I will make the following comments: 1. Qut Slope: I estimate that they propose to cut the slope at 1 vertical : 2.5 horizontal. This is fine although it will be hard to re-vegetate the slope. 2. Reclamation/Re-vegetaliq[(i) They need to provide a Reclama{aqPlan that includes a cost estimate for reclamation. This plan and cost estimate needs to be reviewed by Steve Anthony. Subsequently, they need to provide the County with bonds to serve as the financial security. (ii) (ii) Eends: They need to break the financial security cost estimate into two parts - - Part #1: a cost estimate for the re-vegetation of the graded areas around the building and Part #2: a cost estimate for the reclamation of the land when the building is no longer being used. This second cost estimate would include the removal of the driveway and buildings. The first bond could expire in 3 years after the vegetation is re-established. The second bond should not have an expiration date. ((Note: Phil Vaughn & Co. has been providing two securities for recent compressor stations. ldeally, the amount of the bonds should be adjusted for inflation but l've yet to receive instructions to do this.)) Attached are the guidelines for the reclamation plan. Since it's not mentioned in the plan's guidelines, you will have to tell them of the need for two cost estimates and bonds. John Niewoehner EXHIBIT 21tU2009 Dusty Dunbar John Niewoehner Garfield County Weed Manaqement & Site Reclamation Requirements Overview and Purpose: Major Grading Permits, Subdivision lmprovement Agreements (SlAs), Pipeline Development Plans and sometimes Special Use Permits (SUPs), require the submission of:o Revegetation and Reclamation Plan and Cost Estimate. Financial Security to Guarantee Revegetation and Reclamation. Weed Management Plan The purpose of the plan is to ensure that the development does not result in: (i) erosion and dust generation, (ii) the propagation of noxious weeds, (iii) the excessive loss of wildlife habitat and food sources, and (iv) long-term visual eyesores. The financial security allows the County to perform reclamation in the case that the developer abandons the project or does not perform adequate reclamation. Required Elements of Weed Manaqement and Reclamation Plan: Section 1 - Soil Handling. lncludes: (i) the area of land disturbed and volume of soil moved, (ii) provisions for salvaging on-site topsoil, (iii) a timetable for eliminating topsoil and/or aggregate piles, (iv) plan that provides for soil cover if any disturbances or stockpiles sit exposed for a period of 90 days or more, and (v) erosion control and dust suppression measures and management. Section 2 - Weed Management Plan. lncludes: (i) An inventory and site map that shows County Listed Noxious Weeds and Colorado Listed A & B Noxious Weeds. (Contact Garfield County Vegetation Management at 970-625-8601 for updated lists.) (ii) A Weed Management Plan that addresses inventoried weeds in a timely and effective manner. (Note: Garfield County may require the submittal of treatment records.) Section 3 - Site Revegetation and Reclamation. lncludes: (i) plant material list (be specific, scientific and common names required), (ii) planting schedule (to include timing, methods, and provisions for watering, if applicable), and (iii) a map of the area that will be disturbed. Section 4 - Gost Estimate. Cost estimate is used to determine the amount of the financial security. Line items within the cost estimate include: (i) mobilization, (ii) earthmoving, (iii) seed and planting, (iv) mulch, erosion control, and dust suppression, (iv) irrigation, and (v) weed management. (Note: For pipelines and projects in which existing grade is the same as final grade, a cost of $2,500/acre can used to determine the financial security.) Financial Securitv: Bonds may be submitted as the financial security for pipeline projects. The financial security for all other projects must be a Letter of Credit that is issued by a banking institution acceptable to the county and is valid for a minimum of two years. Gountv lnspection and Release of Financial Securitv: When grading has been completed and vegetation reestablished, the developer (permit holder) phones County Vegetation Manager (970-625-8601) and requests an inspection. lf reclamation and weed management is determined to be adequate, the County will inform the developer and release the financial security. (revised November 14, 2008) EXHIBIT !o0t MEMORANDUM To: Dusty Dunbar From: Steve Anthony Re: StiP 18408 Oxy Conn Creek Compressor Station Control Facility Date: January 29,2009 Thanks for the opportunity to comment on this project. Integrated Vegetation and Weed Management o There was minimal information on vegetation provided in the SUP 18408 packet, so I referred to the companion SUP 13508 for pertinent information as they are in the same locale. o The Noxious Weed Management Plan indicates that a weed inventory will be done in 2008. This information is not included. Pre-2008 weed inventory information is included. r Staff would like to schedule a visit with to take place from mid to late June to inspect the weed management practices at this site and other Oxy facilities in the Conn Creek area. Vegetation Management staff will contact Oxy and arrange a site inspection. Reclamation o The applicant has quantified the surface area to be disturbed as 1.8 acres on private land. Staff recommends a security of $7360 based on the long-term rate of $4000 lacre x I .8 acres. 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 The applicant shall provide the Vegetation Management Department with copies of the original tags fiom each seed bag. We do ask that the applicant specif, which seed mixture they plan on using. Erosion control . Any sfiaw or hay bales used in erosion control shall be certified weed free. a I ifl,- l l i,t "i) l: - :--, ,-- .-l' i_l - -, ,* i -',-'--Jl'-. l---, --l .-1 ; ,-l ,t,-, ,_^t, l,_- | - -,i - -l-i lVr.L- 4- -4/. a tpeciol Ure Permit Conn Creeh ll Gomprerror ttotion Control Focility o o l. Ulilirier odeguole to provide wotet ond sohilolion 3eryic6 bosed on occepled engineeting tlondotd. ond oppbved by the Eootd of Coonty Comfritsbne6 shol eirher be in ploce o, shorl be cohrhucled in conjuDction with the propored u5e. fha ioclllty b mlnlmqly Jionad 24 htr/ doy. Enllory iqclllll.! wlll be ISDS wlth ldch icld. Wolcr wlll b! n.aded lor durt mlllgqllon, cld.m ior lydGm, ddnklng woict ond on qdcquolc riom wqLr mnqgarcnl plon hqr baon lncluded, IIE croCon plqn lholl b€ oppoded lo lllo orE Swr'lP. 2 o o o 2. Sheel imptuyemerts odequqte ,o econfroddle hdfc volome gene@led by lhe prcposed use ord ,o proyide rofe, coavenient occe3s io the ure rholl either be in proce or.hol, be conshucted in codiurclion wirh rhe proposed use. Tha conthuc-llon phorG = qn lrcra@ ol y.hlcler lrlpr / doy ior opgoxlmoi.ly tuo rcrrh! (6 o modulql rhuclurq lr b.lng conrldGrad.) Dwl mfllgsfion, propGr vehlclc pmlir (oveFlred ovcilelg]rt) vehklc qr. EqulEd. 3. Desigtr ot lhe proposed use i5 orgonired lo minihia ifrpocl on ond fbn adircenl lses of lond lhtough inrtqrlolion of rcreen fencer or lqDdscope moleriols oa the periphery of the lol ond by locorion ofinrersirely ulilized oreos, occess poinh. (Thling ond signs in iuch o monne. or fo p@rect eslobtished neighbothood chil@tet. Thc 5lb b locqled on o Cda-hlll qcro$ lh€ r@d fiom lhe cohpfe$or rlslloE ll sadGs; h k nol vlslble lrcm th. pEp.rly boundory- (1) (A) Exisfing lovlul use o, vqler ,hrcugh de pletlon ot pollulion o, sutfoce run-oll, slEom 8o* d {ound vol€t. Wdq ir lo bG ed to hitigote dud duing thc cmdnElion phorc. AFrpropriolc rood rurocing witr .c&c€ dr5l oier lhc coBlnE loo ph6. s lhql wqld utc will b. rodrced. (B) lmpoch on odidcenl land hn lhe senerolion ol vopq. dusl, smke, rcrse, qrore d vituofron, ot othd nonoliong lhe locolion b idole, 6d th. locilily L io b. plc.d ff o 3ide hlll. not vLiblc ftm th. property bomdqy, lt is lo ba poiirl.d o hon-EllccJiv. cold thof wll h€lp il blcnd ln lo it! s@ndiht3. h6 conrlrudn phqre l! tuo monltE (o modulqr rMuE i! b.lng co6idmd, rolh., lhon o 'rlick-bul[' ttruchrc.) lhe coffilruclim phora, ond th. operolifi ofldord, lt nol dilicipotcd lo produca vopd, gldc, rmk or vibrqlion boyond requirod rlodddt or lh. opcroliffi o, lhe iocilily orc conlainad lroidc lhc rlfiEtu€. (C) lhpdcts on vtdlife or,J domesllc onimols through the cteolion ol hozotdous alhdclions, ollerclion ol erisliilg noliveyefflofr'oo breko.re ol migrclion rcures. use Nllems o, olhe, ditruplioos. No larcc will b. Ecasory oround lhc bull<ing or pod. Iempordy *qkitG hobilolim i! rcl r€quesled or pmillod; wildlil. c6 mve lhrough ord o.osd the iocilily idiely. I q iarc. b lrrtdlcd, lt rhdl lollry llr recmmodqliom ol lhc DOW ior \vildlir. ftendy' ttring 6 o cffdllon ol opprovol. (D) Afrnotivety shov lhe lmpoch ol huck dnd oolo,rcbile hof,ic to ond Itom such Ges ond lh€il impocrslo otedrin lhec.ounly. lh. contlruclio phqa (two moilhr) wil Lhpordlly inc66. lrofrc; lh. opdoliff ol thc tocilily rlll mov. work B lrffi lh. cffiprcts tlqlloB lo thh focllity. Irofic h nol c)(pac,l.d lo lrcHrc oid cdEhuclion. Applicort rapcsnk thol ruloca mdilanfica wll miligola fugiliv. drrl ond lhol ony lnvohyed conlrcclq will hde o volid dcld Coury oveElra/ov.v.ight v.hlcl. pffiit 3 o (E.) tut sufrcifrl dl.hrces shal, s€rch s Gh we tton abfring Vo8rty frich might orhwise b tuagd by he opdioE ot he P.oPced 6e(sr. lha locility h lcot.d in q lwor, al*p-vdl.d catyon lor im lhc rcpcdy boundory dd opdolcd lo hal ltE cqJilmsfi ol $olc, f.d.rd ond l*d lda cd lhe condtim ot OE p.Bit. (F-) MjJ,gotion ft$wd ptopGed lq dll ot lhe loegoing inpdciB idenlified ord rd the sfdhdards ldentifr.4 in Selion 5.03.08 o, lhi, Slqll recffi.odt miligolion ma6l,G ld lh. proi.cl be &l io.th In llE codlloE iq cpprdd ollhc SU?. (2) Conditiilol Uf d Specla, Ue Pemlh moy be gionled tor rh6e user wlrrr Frcr'riioft lhol ptot|,d. ddequotz nltigaliq lot lhe lolloalns: (A) A pldn lq.lle ehobili,lodllon mus, be dpproyed by lhe CwnV Comu,issiollB bef@ o pcfiit td condillonol q tpxlol u* will b. ,$ued,' Slqf rcffi.n& o il,. Ehqblliioilff plo bc lsEd prld lo lh. SUP, to hdud. a t*urtly ot lti tot. ol S,a,o(tr pd qcr.. Ih. rctrmenddid ol lhc Gaield Coqly V.g.totlff l frgcl tlot6 'll th€ use G o compressor plod ii endGd. relomdon 3holl be ihitioled within 60 doF ond meel lhe requiremeht relforth ln lhe r€clomolion pldn in ploce onih€ dole the Speiol u3e Pemil i!$ed, d llE rile reclomolion ilondord3 in ploce ol lhe lime ol u36 cstolion, whicheyer ii more slringehl.IlE r€lomolion ilond@di ql lh6 dole ol pemil lssuonce o.e ciled in leclion 4.06, {.O7 ond 4.Oa olthe corfield County Weed Monogehenl Plon.' (t) The County Co,:mlsrone6 moy requiE seudty bdde d pfril rq specio, d condiliorol vre & krued, it ,egurred. ,he opplicon, 3hon fumlsh evldence ot o bonk comnrth@nl ol cBdll, b*d. ce,lifred check d olhq *cuily demd occepiobre by the Counly CommrssioneB i, the o hount colcdated by the County ComD&siore to seuE Jhc exeulon ol rhe tlle ,ehoLllilonon plan lh wotkndnlike mnnet ond lh occordonce vlth ,he rp.d'ltcot oht ond conrhvcrio, tchedule afuAbhed d opqoved by lhe County Commr$iore . Such commllmedr, boDds d check sboll be paydble ro ond held bf lh6 County Cohtril$lon*; Sroi Effi.ndr o ftutly l,o blowlh. rcolmaldolio ol ltE Gaidd Cou*y V.g.lotin ,rlfrgtr A re-vqetotion bond ol S{00O per ocrc thdll be $bmitled lo. lha 1.8-ocre 3ite dirfurbonc...' 4 o o o ( C ) lmpoch set totth ln ,he impoc, stcleftn, o nd conpfiance vithin ,lE ,londotds cohlolftd lh Sccrld 5.03.08 or rirs Xctolulion- (A.93-061) Ihe condilions ol 5.03.07 con be mel, or hove been mel. (2) l,brofion gensoled: eyery use rhol bo so opctu|.d lhdrth. gound vlbrcfion lnhseolly ond rccunenlly genercred ls tut percepfiAe, vilhoul l$lrunenf' ol ony polnl ot ony boundory line of lhe ptopeiy o, whbh ,he use h ,,cco,ed. lhc Lvcl ol vibrolio ol th. p.op.rly bqdod.r rhdl nol br prceplibL on lh. rcC, od lhb rhdl b. q co.rdlim ol opp.ovd. (3) Emrrions dlmke ond potliculale noll*. €yry 6e shorJ be opsoled s os ,o cooply vilh oil Fedqol Slole ond Counly oh quow lows, EgutdlioB ohd sfondotds. Smok6 a pGllculqL moli.r thdl b. n.gligibl. (,' rlh. coGlfielion It cmplel.. [ *loll b. o cdddff ol olproyd lo hillgola soka o. podiculot molld drlng co6lnEfid o PuRUohl lo sec'llon 5.03.08 of lhe Zonhg P?d6on, dl lnd!il61Oqdions ln lhe Couhly sholl comply *ith dppilcoble Counly, Stole, ond Federcl Egulolions egurorrog waleL oh ond nd* ponulion ohd sholl nol be conducled in o tunnet constilufing o puuic nulsonce ot hozord. Operclions thoil be conducbd in svch o ,rcnnet cs lo minlmirc heo' dosl smokq vibrolioa gloG ond odot ond oll olhet undesirdble envrronrenfo, efiers beyond lhe bouhddies ol the Nopeiy ln vhich ruch uses 6re locob4 in occ6d dilh the followrng slondords: (I) Vdure oJ sound genercled sholl comfry wilh lhe sldndords tel lodh in lhe colqodo Revhed Slofuies dl fh€ llm ony new otrlicolion ls mdde- Wo& will bo pe.iom.d on o r€dq EtEdr{e ffil condructifi 13 cffid.L. lhe aila h in o nfid, rhole coyon bcdid lhol 13 ml cl@ lo Elid.nllol dr.cllingF or lh. propcdy bohdqy, @d wlll b. monog.d lo b. in cmpllftc rtth opplicdlc Couily, Stol., ond t.d.rol r.9r{slio6. OGa corElnrclion lt cmplclc, opcrolioc will lok ploc. lBld.ltE cnhd locllity. 5 o (4) Emtstion ol h.ot, glare, rodidllon dndlumet: evsy use sior, be o ope@ted lhol lt does nol emil hedt, gldre, ddidlion or furet ailch ,lbsrdnfioly lhleieE vnh lhe ex,sfng uso ot odjdning goFdy ot wtich corslihres o public nukonce ot hdturd. Flodng ol Wse' oircrcfr voming slgnoh. rcf,ecrlye poinling ol t,oroge ldnki d ofhet such op€Eliors wtrlch mdy be rcquied by lav os sdlely q oh Wllufron contu meosures shd, be exempred hom lhis ptoris:bn. n L otidpot.d thol tho lcvGl ol haol, CdG, rodiotion qd imn rhol nol b. pcrccplibl. on lhe porc.l; llit rhdl b. o condilion ol opprovol, ll ir rcomended lhol locililiaa bc pqlrilcd to ba M-,e0.clive od blend in tith ih sunqndngE. Should lhe Bocd opFd. lhc SUP, Sloi rrgigarh lh. lndntid po.lomoncc 3lodord. be coBld.Ed cffdrtiffi ol ep.oyd in ords io .Bm funclion ln ecordorca wilh lh. prope. bo, monog.m.r, proclicG! (Bl Pt) ond wiltin th. pdmds ol lhc stdt. ttdhr.r- o (g Sldoge arca, ,olvoge yqtd, ,onifoty londfrll ond mlnerol vorie disposol lhe prol.ct iE.ll dc nol rcqulre o pGmonenl rldoge qeo ior rlqogo ol mol6dol3 ond equipmcnl, dufng coffilruclion bme tlorog. ol.quiFrcnl qnd moledol. i3 onlicipot d. Iherc wo! no Equcal lor l.mporory r6idcnliol eclpalion on lhc rilc, rc m pcmision ol lhis lyp. wc coEidsed or grdrled. (6) Woler pollulion: in o cose in whlch polenlis, fiozords erisf, L sho,, be hecessory lo inslorl sofeguo.ds designed ,o comply |'ith the leguldrions ol the Environnehlol Ptoiecrion Agency beforc opqofion ol lhe iocilifra mdy begin. All pscolotion tesk or qrcond votet resource lesh os moy be reguhed by lco, or Stote Hshh OfriceB hus, t€ ml berore operclion ol lhe rocililiet noy begin. A. porl ol lhe grodng pcmll, 6 Gdlff plon 5holl ba lnclrrd.d lo meel Slol. reqd6.ilr. l€q6a ltE dom w(rs mmgecnt plon rclarerced ior 6G on lh. lil l! q gchdd pl6 lor lh. dE, lhG .rc.id plon lpeific lo lha aiL iholl br oppcndcd lo lha orao plon or o condilion ol opprovql. fh. <fidtidr ot s.oae aa bG m.t. ahoEbG6mct. o o o PoBUonl lo t6clloh 9.03.05 ol lh6 roilng nesolullon: Aay Spelal use Permlls hoy be mdde sublact to o peiodlc rcvlew nol less lhdn every 3L (6) monlht ff requlred by lhe Counly Commlrslonerr. Ihe purpoae of auch ,evrev sholl be ,o delerfrine compliance ot noncomplidnce vllh ony peilotmonce Gguiremenrs ossocroled wlth lhe grc,rring of lhe Specro, U5e Pent . fhe Coun y Cofiilt tlone6 thdll lndlcdle ihol tuch d Eyiav is rcqui@d dnd 3hoil eiloblish lhe ,ime p€dods dl lhe lime orJssoohce o, d SEclol Use Pemfr. Such reylev rhd, be cohducled ln auch mannerand by swh peEors or lhe Counly CommissioDeB deem dpptopidre to moke lhe review etective dnd mednlngtul- Upon lhe cofrplellon of eoch Evlew, lhe Comnlsalonets mdy dele,miae lho, lhe peml, opetorloht ote lh complionce dnd cohfinue the pemll. ot detemlne the operdliors ore nol in complidnce ord eilhe. ,uspend lhe peamll or requi,re lhe pemillee lo bing lhe operdllon lnlo conplionce by d ceidln sFci.fred dole. Such rdodlc ,eyiew thall be llmiled lo those peilomonce requlrenehls dnd cohdlllont lmposed dl lhe tifre o, lhe orrgrno, ,sruoDce ol lhe Speclol Us6 Pemll. o o ljnder lhe pemik how Equested, ,l i5 the corEiruclid period lhol hos lhe principol impocL ol dcl, glqre, .tc. When thqt pe.iod i3 cffiplef€,lhe operolion iholl cdrlinue within eguir.d poromeleE. ond mod olthe impoch (durl, glore..tc.)will not b. q toclol the opqqlioG will bc conied od iEide the cmpressr contol focility building. F* thc aLokh.ntldcd ?Gorfir, ho FdiodlG r.rre otthG F6mlt lr bcltrg iG.ommddcd by ,t.tt. 7 3. Ihe above stated and other reagns, the proposed special and conditional 6e pemit has been deiemined to b interest of the health, safety, mBls, @nvenien@, order, posperity ahd welfare of lhe qtrzens of Garlield County. 4. The appli€tion has met the requiments of Special Use 5.03, 5.03.07. 5.0e08. 9.03.05) the Gartield County Re$lulion of 1978. as mnded o 8 n\ o STAFF RECOMMENOATION Due to the follNrng @ndiiions: 1) lhe limiled nalure of p( 2't the existing industrial factlity on geneEl populalion iraf,ic, 3) the proposed expansion isto an brcught into complianc for noise a wilh the following conditions: 1) That all Epewtations of appli@tion or staled al the heanng befoE the Board Commissionec, shall be @nsidecd @ndiiions of aF expliqlly alle.ed by lhe Board. sound attenualiof, shrcuds and lhe 6e of neulEl 3) That the Appli€nt shall @mpty with lhe 4) Volume of eund geneEted bylhe Conn C.eek ll 5) Vibration generated: lhe Conn Creek ll 7) Emission of heat, glare, Ediation and fumes: the Conn Creek ll Compressor Conlrol Faqlity md heat. glare, with the exasting use of adjoining property orwhicfi constitules a publis nuasan@ or haard. 8) No stffige of heavy equipment or materials pemitted. 9) Anylightingshall center and shad( '10) Water polldion: in a €se in which potental hazards exist, il shall Regulations oflhe opeEtion of the ,acilities may begin. All per@lation test! grcund rater rsouG tests as may be requi.ed by lo€l Health OflieE must be met before operalion ofthe facali begrn. pemils issuance of a Sptrial Us Pemit to be o o I nL-/ Manager It the use as a compressor plar shall be initiated wathin 60 days and meet in the rslamation plan in pla@ on the date the of the Garf eld County Wed 94). * 6x B9#ei:Eillrx9 ^o t L1di E t Zroz =ttt ?r E T -S $B; T:EiflFEt! E, oX $BH $Ee ^B Eil 3 E Bt g P E at a E T E ! b o ozz ao 0 Fe EH oozz o, x B E fr ili ig'l :Ea-- :5 ti tig! riti t ffii ao+? o5 EEx sEc. J2 EHE ffi ptott d br lx}ogor{E ootc t2/o/2w 5t!0 il ftdrris }r\DtDo2J502u6vmr\200&20e FIP-\2{16-lJ0O-l0URE\O\2{6-tJ00-l0a.dr9 SEC. 5 **@o;t FtBEEo PROJECT INFORMATION AND STAFF GOMMENTS TYPE OF REVIEW APPL!CANT LOCATION /AGGESS SITE INFORMATION EXISTING ZONING / ADJACENT ZONING BOCC referral 1/1208 DD Referral for a Special Use Permit application for "lndustrial support facilities- processing of natural resources" in specific, the installation of a CONTROL FACILITY to serve two natural gas compressor stations (Conn Creek I & !l) Oxy USA WTP LP The subject property is located on Conn Creek Road (CR 213), 1.25 miles from its intersection with CR 2O4, approx. 13 miles north of Debeque Parcel # 21 69-21 4-00-026 1 .84 acres of a 10,303.37 acre parcel Resource Lands (Gentle Slopes and Lower Valley Floor), Adjacent:: Open Space (BLM) -tt-. iL" I. DESCRIPTION OF THE PROPOSAL The Special Use Permit (SUP) application is for the installation of a control facility for adjacent natural gas compressor stations: Conn Creek I & ll on 1.84 acres owned by Oxy, shown on the map at right. The 24' W x 60' office building will be placed on a 83'x 135' pad that accommodates the building, parking and septic system with two accesses to Oxy's private road The facility will have 2-4 staffers (performing maintenance and monitoring the equipment) and 4-12 visitors per day (contactors and service providers gaining access to the compressor station to perform work.) No overnight stays are anticipated, excepting emergencies. Electric power will be supplied by generators in the compressor station. Potable water will be delivered by tank truck to a buried cistern, allowing installation of restrooms, two small lockers with showers, and fire suppression. A permanent ISDS with leach field is requested to be permitted for this facility, under separate permit. II. AUTHORITY Section 9.03.04 of the Zoning Resolution of 1978, as amended, requires that Special Use Permit applications be initially brought to the Board so that the Board may determine if a recommendation from the Planning Commission is necessary. III. STAFF RECOMMENDATION Staff finds that because. this proposed use is sited adjacent to an existing compressor station and its proposed companion,. the project is located in a remote site in an area where the nearest residence is 5 miles to the southwest, it is appropriate to recommend that the Board direct Staff to schedule a public hearing before the Board, and not refer the matter to the Planning Commission. PUBLIC NOTICE TAKE NOTICE that Oxy USA WTP LP has applied to the Board of County Commissioners, Garfield County, State of Colorado, for a Special Use Permit for a control room facility for two natural gas compressor stations on approximately 1.84 acres of a 10,303.37-acre parcel in the Resource Lands, Subzone: gentle slopes & valley floor zone district in connection with the following described property situated in the County of Garfield, State of Colorado; to-wit: Leqal Description: Garfield County State of Colorado Practical Description: Lwsert Lawgvtage here Lwsert Lawguaqe here Pursuant to $3.02 and $5.03, of the Garfield County Zoning Resolution of 1978 as amended, this proposal is for a Special Use Permit for a control room facility for two natural gas compressor stations on approximately 1.84 acres of a 10,303.37- acre parcel in the Resource Lands, Subzone: gentle slopes & valley floor zone district. All persons affected by the proposed special use permit are invited to appear and state their views, protests or support. lf you can not appear personally at such hearing, then you are urged to state your views by letter, as the Board of County Commissioners will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to grant or deny the request for the special use permit. The application may be reviewed atthe office of the Planning Department located at 108 8th Street, Suite 401, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. A public hearing on this application has been scheduled for Tuesday, the 17"d day of February,2009, at 1:15 p.m., in the County Commissioners Meeting Room, First Floor, Garfield County Plaza Building at 108 Eighth Street, Glenwood Springs, Colorado. Planning Department Garfield County I ing Ollice - Rille Airport Administrative Building 0375 County Rodd 3, - Builcling#2{)60 (970) 625-5903 ^^. December 31, 2008 Mark Bellinghausen, PE Nolte & Associates, Inc. 8000 South Chester Street, Suite 200 Centennial CO 801 12-3520 RE: Application SUP Gonn Creek Il Gompressor Station Control Room Dear Mark, The purpose of this letter is to notify you that the Special Use Permit application for the installation of a control room facility on approximately 1.7+l- acres of a 10,303.37- acre parcel in the Resource Lands (RL) zone district to serve both an existing and a new compressor station has been deemed technicallv complete. Please understand that a determination of technical completeness by this office shall not be deemed a recommendation of approval, finding of adequacy of the application, or a finding of general compliance with any goal or objective of the Garfield County Zoning or Subdivision Regulations or the Comprehensive Plan of 2000. Please be reminded that proper noticing of all interests will allow the proposal to be considered by the Board of Gounty Commissioners (BOCC), and that must occur no less than 30 days in advance of the hearing. The application will be reviewed by Staff, a staff report will be generated and sent to you, as will comments from referral agencies received. The Board of County Gommissioners will discuss and review the application at a public hearing (which has not been scheduled pending the directive from a referralthat is anticipated to be sentto BOGC on January 12th, 2009, at 1:15 PM.) You are welcome to attend the hearing (which will be held in the Commissioners'Meeting Room in the Garfield County Plaza Building, 108 Eighth Street, Glenwood Springs, Colorado) but it is certainly not required. The referral document asks the BOCC if they wish the application to be submitted for review by the Planning Commission. Because of the remote location of this project, I do not anticipate recommendation for a referralto PC. lwill be emailing you about scheduling your BOCC date. When finalized, the agenda will be posted on the GarCo website: www.garfield-countv.com ...look under County Departments, Board of Commissioners. Note: I will need nine (9) copies of the completed application including paper plats, and one (1) copy of the submifted plats in Acrobat Adobe (.PDF) format to this office no later than January 12th, 2009. Please include the proiect number SUPl8408 on the blank line marked Doc.# in the upper right hand cornerof the Special UseApplication 'top sheet'. Double sided pages are certainly allowed to reduce the heft of the document and conserve resources. This office has provided you the public notice form which you are required to mail and publish and poster to be posted according to the notice provisions below. Please note, these documents are provided to you as a courtesy. The Applicant must verify that all information provided in these documents is correct. lt shall be the obligation of the Applicant to correct any deficiencies in these documents such that proper notice in form and substance can be established. Notice Provisions 1. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed use and nature of the hearing, and the date, time and place forthe hearing shall be given once in a newspaperof generalcirculation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. The newspaper of record is the Rifle Citizen-Teleqram, a weekly published on Thursdays. Submittal deadline is the preceding Friday at noon (that would be 1/9/09 for 30 days ahead of 2117, or 1l23lor 312.) They prefer Word format documents transmitted via email. Contact Mary at mborgenhagen@postindependent.com for information. 2. Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the RIGHT-OF-WAY on the SUBJECT LOT and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. 3. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that if remains posted until and during the date of the hearing. All public hearings are to be held at the Garfield County Plaza Building in the Commissioners Room on thefirstfloor. The address is 108 Eighth Street, Glenwood Springs, Colorado. Please be sure to bring the proof of publication, proof of mailing and return receipts to the hearing. I look fonrvard to working with you in the review of this application. As always, feel free to contact this office if you have any questions. Sincerely, Dustin Dunbar ArcP, MPA Senior Planner 970.625.5903