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HomeMy WebLinkAbout2.0 Staff Report• • BOCC Exhibits (2/17/2009) (Special Use Permit- Conn Creek II Compressor Station) Exhibit Letter (A to Z) Exhibit A Proof of Mail Receipts B Proof of Publication C Garfield County Zoning Regulations of 1978, as amended (the Zoning Code) D Application E Staff Report F Staff Powerpoint G Letter from J.T .Romatzke, Area Wildlife Manager, Area 7 (Grand Junction) Colorado Division of Wildlife, dated 1.26.09 H Letter, GarCo Road & Bridge Dept, Jake Mall, Administrative Foreman, dated 2.209 Letter, GarCo Vegetation Management Dept., Steve Anthony, Director, dated 1.29.09 J STATE OF COLORADO Bill Ritter, Jr., Governor DEPARTMENT OF NATURAL RESOURCES • DIVISION OF WILDLIFE • • AN EQUAL OPPORTUNITY EMPLOYER Thomas E. Remington, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297-1192 wildlife.state.co.us Dustin Dunbar Garfield County Building and Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Conn Creek II Compressor Station Special Use Permit — SUP 13508 RE JAN 2 8 2009 GARFIELD COU'.` BUILDING & PLN ‘ `'3 For Wildlife - For People January 26, 2009 Dear Mr. Dunbar, Thank you for the opportunity to comment on the proposed compressor station. The Division of Wildlife acknowledges OXY's request to develop a compressor station adjacent to an existing compressor station that lies along Conn Creek, north of the town of DeBeque, CO. The proposed development lies at the base of a steep slope with west and south facing aspects. The Division of Wildlife would like to offer the following comments with regard to potential impact on wildlife. Habitat The proposed building site lies along Conn Creek, which provides riparian habitat as it flows year-round. Riparian areas such as this are highly 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, consisting primarily of Gambel's oak, Douglas fir, big sagebrush, rabbitbrush, snowberry, serviceberry, chokecherry, sumac, and several forbs and grasses. This habitat provides crucial summer range for mule deer; summer range, severe winter range, winter concentration area and production area for elk; year-round and production range for wild turkey; summer and fall concentration areas for black bears; year-round range for mountain lion; and production areas and winter range for Greater sage grouse. The proposed facility lies in close proximity to at least two active sage grouse leks, present on Skinner Ridge above the site. The proposed compressor station lies in an area where native vegetation provides foraging, nesting, thermal and escape habitats for numerous species of wildlife. The removal and disturbance of native vegetation for the construction of the compressor station and associated roads will negatively impact the native wildlife species associated with this project area. Upon rehabilitation of this location and roads, negative impacts to native wildlife can be offset by planting a suitable mixture of native grass/forb/shrub seed. Seed plantings on disturbed soils will have greater germination and survival rates when the soil surface has been prepared to hold moisture and runoff precipitation. Soils will exhibit increased moisture retention capabilities when the soil surface has been loosened with a "ripping tool" that creates a rough DEPARTMENT OF NATURAL RESOURCES, Hams D. Sherman, Executive Director WILDLIFE COMMISSION, Robert Bray, Chair • Brad Coors, Vice Chair • Tim Glenn, Secretary Members, Dennis Buechler • Jeffrey Crawford • Dorothea Farris • Roy McAnally • Richard Ray • Robert Streeter Ex Officio Members, Hams Sherman and John Stulp and uneven soil surface and seed bed. This treatment will increase seed germination, and, will reduce the amount of surface runoff and soil erosion. Poaching Bears Multiple 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. 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 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. Weed 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 significant 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 II Compressor Station 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 970-255-6154. Sincere y,__. HJT Romatzke Area Wildlife Manager cc: Ron Velarde, Northwest Regional Manager Brad Petch, Senior Wildlife Conservation Biologist Albert Romero, District Wildlife Manager • • GARFIELD COUNTY Building & Planning Department Review Agency Form EXHIBIT I1* Date Sent: January 9, 2009 Comments Due: February 2, 2009 Name of application: Conn Creek Compressor Station Sent to: Garfield County requests your comment in review of this project. Please notify 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 Street, 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 following 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 project 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 permit 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 By: Jake B. Mall Date January 12, 2009 • Revised 3/30/00 • • • MEMORANDUM To: Dusty Dunbar From: Steve Anthony Re: SUP 13508 Oxy Conn Creek Compressor Station Date: January 29, 2009 1 EXHIBIT Thanks for the opportunity to comment on this project. Integrated Vegetation and Weed Management • 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. • 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 • The applicant has quantified the surface area to be disturbed as 3.8 acres on private land. Staff recommends a security of $15,200 based on the long-term rate of $4000/acre x 3.8 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 from each seed bag. We do ask that the applicant specify which seed mixture they plan on using. Erosion control • Any straw or hay bales used in erosion control shall be certified weed free. • • PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT PARCEL ID # LOCATION /ACCESS SITE INFORMATION EXISTING ZONING / ADJACENT ZONING BOCC 2/17/09 DD Special Use Permit application for "Industrial support facilities- material handling, pumping facilities, processing of natural resources" in specific, the installation of a natural gas compressor station, adjacent to Conn Creek I Compressor Station Oxy USA WTP LP 2169-214-00-026 The subject property is located on Conn Creek Road, 1.25 miles from its intersection with CR 213, approximately 10 miles northwest of Debeque 3.83 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 Permit (SUP) application for "Processing and Material Handling of Natural Resource" for the installation of a natural gas compressor station on 3.83 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 the Zoning Resolution of 1978, as amended. L [ Conn Creek Rd Well pad (existing) Proposed CONN CREEK Control Facility CONN CREEK 1 Compressor Station (existing Proposed CONN CREEK 11 Compressor Station site • • • SUP: Conn Creek Il Compressor Station D.Dunbar 2/17/09 The Applicant requests approval for the SUP to construct an additional compressor station adjacent to the existing Conn Creek I Compressor Station to expand the site's gathering, compressing and pumping capacity. Two new pre-engineered buildings are proposed. The larger one (45' W x 120' x 35' H) will enclose the two (2) Caterpillar 3616 NG compressors and exterior cooling units, serving as a noise enclosure. The other building (60' W x 70' L x 30' H) houses the motor controls for the station. Other equipment will include a (20' high and 12' in diameter) Conn Creek I Compressor Station as viewed from the control facility site, looking south. Proposed site - Conn Creek II Compressor Station v Slug Catcher, dehydrator, 3 tanks and 2 contactors (3' in diameter). It is anticipate that this additional facility will allow the company to double the capacity of natural gas put to market. The compressor facility will operate 24 hours each day, every day, with full-time supervision of 2 employees. • SUP: Conn Creek 11 Compressor Station D.Dunbar 2/17/09 II. BACKGROUND Referral to Planning 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 Planning Commission. III. ZONING & ADJACENT USES The subject property is zoned Resource Lands (RL). The type of use requested falls under the definition of "storage of oil and gas drilling equipment; Site for extraction, processing, storage of material handling of natural resources" contemplated as special use in the zone 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 all 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 Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. Response The compressor station operates 365 days a year, 24 hours each day as a facility supervised by 2 employees per 24-hour period. The letter narrative of the application states that "the compressor station expansion will not add any additional employees for the operation of the station.' 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. No water or sanitation services are necessary for the proposed expansion to the facility; any transient need can be met by existing portable facilities already in place. 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 3 • • • SUP: Conn Creek 11 Compressor Station D.Dunbar 2/17/09 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. Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use. Response The 'construction phase' is estimated to last six months for the installation of the 2 additional compressors and `acoustical enclosures.' During construction the site is expected to generate an additional 6 pickup trips (3 in, 3 out) and the delivery of a forklift during the installation of the enclosures. The route used is County Road 213. All of the truck travel will be traveling on County roads and require any involved contractor to 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 generation in the operative function of the site is: four (4) trips daily by pickup (1 in, 1 out, twice daily) for monitoring and one (1) trips daily by 2 -ton truck for maintenance purposes. The traffic analysis provided comments from a dialogue with Jake Mall, Administrative Foreman for Garfield County Road & Bridge, speaking about vehicle permit requirements and trip generation for personnel in the standard operation of the facility (Exhibit ti.) 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 by 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. In response to noise concerns, sound attenuation measures are installed on the compressors to be added to the site. The equipment on the site is painted with a neutral shade of tan non - reflective paint to minimize glare and be more visually inconspicuous. The 4' livestock field fence is to be maintained. It is readily breached by wildlife to escape the site as well as enter it. The proposed expansion will not markedly change the visual impact of the existing compressor station, as there is another immediately adjacent to it. Concentrating these 4 • • SUP: Conn Creek Il Compressor Station D.Dunbar 2117/09 industrial uses in one area serves to minimize a wide -spread adverse effect, and allow other acreage to stay unaltered. 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 serve wildlife by remaining in the stream for their use elsewhere. Staff is not recommending a requirement of screening. While no lighting more than the minimum for each new compressor unit is proposed, all lighting shall be directed inward and downward. Section 5.03.07 flndustrial Operationsl Pursuant to Section 5.03.07 of the Zoning Resolution, a permit for Industrial Operations 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 surface 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 development and implementation of a Storm Water Management Plan specific to the area which is contained at the rear of the application. (B) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. Response Compressors produce considerable volumes of noise and vibration but whose acceptable levels are regulated by the Colorado Revised Statutes and COGCC. Noise generated will have limited impact on adjacent properties as the compressors are to be equipped with sound attenuation (enclosed in a structure.) A modeled acoustic analysis was conducted by Hankard Environmental, Inc. The sound analysis for the site indicated that the operations will perform within required residential Dbl levels within residential thresholds at the nearest residential location. The nearest residence is 5 miles to the south. The compressor plant shall adhere to the noise standards specified by the Colorado 5 SDA MO Noise Level Contour Feet Property Line • • • SUP: Conn Creek 11 Compressor Station D. Dunbar 2/17/09 Revised Statutes and the Colorado Oil and Gas Conservation Commission rules. Staff agrees that noise will not be a nuisance to area residents. (C) Impacts on wildlife and domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions. Response The site is located within overall range land for mule deer, elk, and black bear as identified on the Division of Wildlife's wildlife distribution maps. The 3.83 -acre site is currently undisturbed; the open flat area will is taken up with the occupation 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 wildlife. Compressors and natural gas development occupy ground that as former habitat and alter the habitat locale and behavior of animals. By permitting this compressor at this location, however, rather than a site a distance away from the existing Conn Creek I Compressor Station, the adverse effects and disturbance are at least concentrated on one site. Animals periodically enter the compressor site. The 4' field fence allows the animals to escape. The alternative is a high wildlife -safe fence with secure gate to prevent access; inadvertently leaving the gate open allows animals in. When they cannot scale the higher fence, the animals panic and are prone to stress and injury. (D) Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County. Response The two different phases of the operation have differing trip generation. All 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 from the site to the roadway will be done. The initial traffic is related to construction. The delivery of the compressor equipment and related materials will follow. Vehicles range from pickup trucks to semi -trucks with trailers to transport heavy loads, such as compressor, parts and acoustical enclosures. As noted earlier, the compressor facility, once fully operational, is expected to generate limited 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. 6 • SUP: Conn Creek 11 Compressor Station D. Dunbar 2/17/09 The Applicant does not foresee a major increase in traffic flow after the construction period and the additional compressors 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: 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. (E) That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use(s). Response The operations at the facility will not involve 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 well within required setbacks and is sufficiently separated from adjacent properties in all directions. (F) Mitigation measures proposed for all of the foregoing impacts identified and for the standards identified in Section 5.03.08 of this Resolution 1111 Special Use Permits may be granted for those uses with provisions that provide adequate mitigation for the following: • (A) A plan for site rehabilitation must be approved by the County Commissioners before a permit for conditional or special use will be issued; Response The site was permitted under a Special Use Permit in 2006; the County was issuing permits for these facilities at that time. Therefore, there is a re -vegetation bond in place for the Conn Creek 1 Compressor Plant 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. It is stated that the site would be returned to rangeland or hay production in the event that the site use is ended. (B) The County Commissioners may require security before a permit for special or conditional use is issued, if required. The applicant shall furnish evidence of a bank commitment of credit, bond, certified check or other security deemed acceptable by the County Commissioners in the amount calculated by the County Commissioners to secure the execution of the site rehabilitation plan in workmanlike manner and in accordance with the specifications and construction schedule established or approved by the County Commissioners. Such commitments, bonds or check shall be payable to and held by the County Commissioners; 7 • • • SUP: Conn Creek 11 Compressor Station D.Dunbar 2/17/09 Response In the past, the Board has required, as a condition of approval that "A sufficient monetary security, determined by the Board of County 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 new site. A revegetation security and a reclamation security in compliance with the comments of the Vegetation Management Department for the 3.83 acres shall be a condition of approval. Section 5.03.08 !industrial Performance Standards] Pursuant to section 5.03.08 of the Zoning Resolution, all Industrial 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 shall 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: (1) Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. (2) Vibration generated: every use 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. (3) Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards. (4) Emission of heat, glare, radiation and fumes: every use 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. 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 be exempted from this provision. (5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas: (6) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental 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. Staff Response Should the Board approve the request for the Compressor Station, Staff suggests the industrial performance standards be considered conditions of approval as they are specifically intended to ensure that any industrial use such as the proposed Compressor function in accordance with the proper best management practices and within the parameters of the State statutes. The requirement for screening should not be required as the site is remote, and the limited water better serves the wildlife in the area. The level of 8 • • • SUP: Conn Creek 11 Compressor Station D.Dunbar 2/17/09 noise 250 feet from the compressors is 65 dbl, within light industrial standards, and within residential standards at approximately 800 feet. Section 9.03.05 !Periodic Review of SUP1 Pursuant to section 9.03.05 of the Zoning Resolution: Any Special Use Permits may be made subject to a periodic review not less than every six (6) months if required by the County Commissioners. The purpose of such review shall be to determine compliance or noncompliance with any performance requirements associated with the granting of the Special 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. Such review shall be conducted in such manner and 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 performance requirements and conditions imposed at the time of the original issuance of the Special Use Permit. 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: Letter dated February 2, 2009, from Jake Mall Administrative Foreman, attached • Garfield County Vegetation Management Department: Letter dated January 29, 2009 from Steve Anthony, Director, attached • Garfield County Planning Dept. Project Engineer: No comments received. VII. RECOMMENDED FINDINGS 1. Proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 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 9 • • • SUP: Conn Creek 11 Compressor Station D. Dunbar 2/17/09 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. STAFF RECOMMENDATION Due to the following conditions: ■ the limited nature of potential impacts to surrounding properties, • the remote location of the property, • the proposed is an expansion of an existing complex that is required to operated within compliance for noise and mitigate glare. Staff recommends the Board approve the request for a Special Use Permit for the expansion of the Conn Creek II Compressor Station 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 facility. 3. That the Applicant shall comply with the fire protection provisions included in the rules and regulations of the Colorado Oil and Gas Conservation Commission (COGCC) and the International 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 Compressor 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 smoke and particulate matter: the Compressor shall be so operated so as to comply with all Federal, State and County air quality laws, regulations and standards. 7. Emission of heat, glare, radiation and fumes: the Compressor 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. 8. No storage of heavy equipment or materials is proposed or permitted. 10 • • • SUP: Conn Creek I1 Compressor Station D.Dunbar 2/17/09 9. Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. 10. Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental 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. 11. Two (2) new compressor units shall be installed on the site under this Special Use Permit. Proper building and grading permits are to be obtained for the structures associated with the operation of the new compressor units prior to the issuance of a Special Use Permit. 12. A re -vegetation bond of $4000 per acre shall be submitted for the 3.83 -acre site disturbance, as per the Garfield County Vegetation Manager. If 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, 4.07 and 4.08 of the Garfield County Weed Management Plan (Resolution #2002-94). IX. RECOMMENDED MOTION "I move to approve a Special Use Permit to allow the expansion of the Conn Creek II Natural Gas Compressor Station with the conditions provided by Staff." 11 • • 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 Compressor Station on 3.83 acres of a 10303.37 -acre parcel in the Resource Lands, Subzone: Gentle Slopes and Lower Valley Floor zone district in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: wtsevt LatA,guage here Garfield County State of Colorado Practical Description: L 1 ert Lain.uage 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 Compressor Station on 3.83 acres of a 10303.37 -acre parcel in the Resource Lands, Subzone: Gentle Slopes and Lower Valley Floor zone district. All persons affected by the proposed special use permit are invited to appear and state their views, protests or support. If 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 at the 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 Monday, the 2nd 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 • • • APPLICANT: OXV USA WTP LP (owner) LOCATION /ACCESS: On a private section of the Conn Creed Road (CR 213) PARCEL. ID: 2169-214-00-026 PARCEL 3.83 acres of approximate 10,303.37 -acres PARCEL 2ONING: Resource Lands (R/L) ADJACENT ZONING: Open Space (O/S) Federal Lands (BLM) Location 1 • • • Site Plan Existing Conn Creek 1 >» Compressor 1. Utilities adequate to provide wafer and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. The facility is minimally staffed 24 hrs/ day. sanitary Facilities are adequate- may need to be serviced more frequently during the construction phase. Adequate storm water management plan has been included Water will be needed for dust mitigation during construction, and as part of the on-going operational requirements . Can be met. 2 • • • Section 5.03 2. Street improvements adequate to accommodate tragic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use. The construction phase = an Increase of vehicles trips / day for approximately six months. Dust mitigation, proper vehicle permits (oversized /overweight) vehicles is required. Can be rn.. 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 by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character. The site Is remote, located In a narrow, steep -walled canyon where the effects will not extend beyond the property boundaries. Can be mei. $ dTrar �Co31f7 '' (1) (A) Existing lawful use of wafer through depletion or pollution of surface run-off. stream flow or ground wafer. Can be met. (8) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. Can be met. Noise levels • within State statute levels for 'light industrial use' adjacent to the compressor unit; within levels for 'residential' standards within 1300'- 1500' of the compressor units. The nearest residence is 5 miles to the south. The compressor units are to be enclosed in a structure. ««< The red dashed line is about 1300' in length. 3 • • • Section 5.03.07 (Industrial Operations) (I) (C) Impacts on wildlife and domestic animals through the creation of hazardous al racfions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions. Temporary worksite occupation is not requested or permitted. Conflicts with wildlife and catHe on the project acreage are minimized with fence. Can be ,net. (D) Affirmatively show the impacts of hock and automobile traffic 10 and from such uses and their impacts to areas in the County. The construction phase will temporarily increase traffic. Applicant shall heat fugitive dust and meet requirements for Garfield County oversize /overweight vehicle permits. Can be met. Section 5.03.07 (E.) That sufficient distances shall separate such use from abutting property which might otherwise be damaged by the operations of the proposed use(s). The facility Is located in a steep -walled, narrow canyon far hom the property boundary and operated to meet the requirements of State, Federal and local laws, and the conditions of the permit. Can be met. (F.) Mitigation measures proposed for all of the foregoing Impacts identified and for the standards identified in Section 5.03.08 of this Resolution. Staff recommends mitigation measures for the project be set forth in the conditions for approval of the SUP. Requirements of 5.03.07 has been or con been met by conditions recommended by Staff. ..: . ion 5.03.08` Conditional Use or Special Use Permits may be granted for those uses with provisions that provide adequate mitigation for the following: (A) A plan for site rehabilitation must be approved by the County Commissioners before a permit for conditional or special use will be issued,- Staff ssued;Staff recommends a site rehabilitation plan be issued prior to the SUP, to include a security at the rate of $4,000 per acre. The recommendation of the Garfield County Vegetation Manager stales: 'It 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 lime of use cessation, whichever is mare stringent. The reclamation standards at the date of permit issuance are cited in Section 4.06, 4.07 and 4.08 of the Garfield County Weed Management Plan.' (Milan .x% -w: Can be met. 4 • • Section 5.03.08 The County Commissioners may require security before a permit for special or conditional use Is issued, H required. The applicant shall furnish evidence of a bank commitment of credit, bond. certified check or other security deemed acceptable by the County Commissioners in the amount calculated by the County Commissioners to secure the execution of the site rehabilitation plan in workmanlike manner and In accordance with the specifications and construction schedule established or approved by the County Commissioners. Such commitments, bonds or check shall be payable to and held by the County Commissioners: A financial security is a condition of approval for this permit. Can be mei. Section 5.03.08 (2) Vibration generated: every use shall be so operated That the ground vibration inherently and recurrently generated fs not perceptible, without instruments, at any point of any boundary line of the property on which the use is located. (3) the level of vibration of the property boundaries shall not be perceptible on the parcel. and this shall be a condition of approval. Con be met. Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, Slate and Courtly air quality laws, regulations and standards. Smoke or particulate matter shall be negligible after the construction is complete. H shall be a condition of approval to mitigate smoke or particulate matter during construction. Can be met. Section 5.03.08 (4) Emission of heat. gIJ., radiation and fumes: every use shall be so operated that 1t does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which consttutes 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 safely or air pollution control measures shall be exempted tom this provision. H Is anticipated that the level of heat, glare, radiation and fumes shall not be perceptible on the parcel: this shall be a condition of approval. Can be met. It is recommended that facilities be painted to be non -reflective and blend In with 1h surroundings. Can be met. Should the Board approve the SUP, Staff suggests the industrial performance standards be considered conditions of approval in order to ensure function in accordance with the proper best management practices (BMPs) and within the parameters of the State statutes. Can be met. 5 • • • Section 5.03.08 (5) Storage area, salvage yard, sanitary landfill and mineral waste disposal The project itself does not require a permonent storage area for storage of materials and equipment, during construction, however, some storage of equipment and materials is anticipated. There was no request for temporary residential occupation on the site - no permission of this type was considered or granted. Con be mei. (6) Water pollution: in a case In which potential hazards exist it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental 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 ,net before operation of the facilities may begin. The Applicant states that a storm water management plan has been developed and submitted to satisfy Garfield County for the grading permit. The plan is a condlion of approval. Can be met. The conditions of 5.03.08 can be mat, or have been met. he 9.03.05W....`': Section 9.03.05 (Periodic Review of SUPS Pursuant to section 9.03.05 of the Zoning Resolution: Any Special Use Permits may be made subject to a periodic review not less than every six (6) months If required by the County Commissioners. The purpose of such review shall be to determine compliance or noncompliance with any performance requirements associated with the granting of the Special 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. Such review shall be conducted in such manner and 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 performance requirements and conditions imposed at the time of the original issuance of the Special Use Permit. 6 • i • The project is taking place contiguous in to an existing compressor station in a disturbed area. Under the permits now requested. His the construction period that has the principal impach of dust, glare, etc. When that period is complete, the operation shall continue within required parameters, and shall mitigate the impacts of operation (dust, glare, etc) as conditions of the permit. No periodic review of the permH is being recommended by Stall. Can be met. ti RECOMMENDED FINDINGS Proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. The meeting before the Board of County Commissioners was extensive and complete, that all pertinent fads, 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 emrit and conditional 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, 9.03 05) the Garfield County Zoning Resolution of 1978,as amended. STAFF RECOMMENDATION Due to the following conditions: 1) the limited nature of potential impacts to surrounding properties, 2) the remote location of the site (adjacent to an existing industrial facility to cluster these uses which allows remaining acreage to be undisturbed), 3) the proposed installation is designed to meet the requirements of operations within State, Federal and focal operational requirements Staff recommends the Board approve the request for a Special Use Permit for the Conn Creek II Compressor Station with the following conditions: 7 • 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 facility. 3) That the Applicant shall comply with the fire protection provisions included in the rules and regulations of the Colorado Oil and Gas Conservation Commission (COGCC) and the International 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 and COGCC. 5) Vibration generated: the compressor shall be 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 smoke and particulate matter the compressor station shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards. 7) Emission of heat, glare, radiation and fumes the compressor station shall be operated so 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. 8) No storage of heavy equipment or materials is proposed or permitted. 9) Any lighting shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. 10) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental 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. 11) Two (2) new compressor units shall be installed on the site. Proper building permits are to be obtained for the structures associated with the operation of the new compressor units prior to the issuance of the Special Use Permit . 12) A re -vegetation bond of $4000 per acre shall be submitted for the 3.83 -acre site disturbance, as per the Garfield County Vegetation Manager. If 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, 4.07 and 4.08 of the Garfield County Weed Management Plan (Resolution 82002-94). 13) Any fencing installed shall follow the recommendations of DOW for 'wildlife friendly' fencing. 8 • Recommended Motion "1 mune to approve a Special Usr Permit to allow the Conn Creel. 11 Natural Gas Compressor Station with the conditions provided by Staff." • • BOCC referral 12/8/08 DD PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW Referral for a Special Use Permit application for "Industrial support facilities- material handling, pumping facilities, processing of natural resources" in specific, the installation of a natural gas compressor station, adjacent to Conn Creek I Compressor Station APPLICANT Oxy USA WTP LP PARCEL ID # LOCATION /ACCESS SITE INFORMATION EXISTING ZONING / ADJACENT ZONING 2169-214-00-026 The subject property is located on Conn Creek Road, 1.25 miles from its intersection with CR 213, approximately 10 miles northwest of Debeque 3.83 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 The Planning Department received a Special Use Permit (SUP) application for "Processing and Material Handling of Natural Resource" for the installation of a natural gas compressor station on 3.83 acres of an approximate 10,303 -acre property owned by Oxy The site is shown on the map at right. The Applicant requests approval for the SUP to construct an additional compressor station adjacent to the existing Conn Creek I Compressor Station to expand Oxy's gathering / compressing and pumping capacity. Two new pre-engineered buildings are proposed. The larger one (45' W x 120' x 35' H) will enclose the two (2) Caterpillar 3616 NG compressors and exterior cooling units. The other (60' W x 70' L x 30' H) houses the motor controls for the station. Other equipment will include a Slug Catcher, dehydrator, 3 tanks (20' high and 12' in diameter) and 2 contactors (3' in diameter). 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 because the project is located in a remote site in an area where considerable industrial activity is underway, that 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. REFERRAL FORM Garfield County Building & Planning Department R,jW Airport Office- 0375 CR 352, Bldg 2060, Rifle CO 81650 1 _ -59 �9 Date Sent: 1.9.2008 Return Requested: 2.2.2009 File Number/Name(s) Project Name(s) Type of Application(s) SUP 13508 L Conn Creek II Compressor Station Special Use Permit Staff Planner: Dustin Dunbar, AICP ddunbar@garfield-county.com Phone: 970.625.5903 Applicant: Oxy USA WTP LP Phone: Contact Person: Herman Lucero HTL Compliance Solutions Phone: 970.243.3271 Location: Parcel #2169-214-00-026 NW 1/4 NW 1/4 Sec 32, T6S,R97W of the 6th PM Summary of Request: Construct NG compressor station Planning Commission 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 Detail Road & Bridge x Engineering Review - JN-gineer x Attorney x HOA using Planning Commission iff's Dept. � Board of County Commissioners Vegetation Mgr x HOLD ONTO THIS APPLICATION - Oil and Gas x I'll come pick it up. THANKS!!! COLORADO STATE LOCAL/FED GOVT ENTITIES Write=r RPcni irrac / Wily. FnninrPr Tnwn - Geological Survey (Fee) County - Department of Transportation Bureau of Land Management Water Conservancy Board US Forest Service Mined Land Reclamation Board U.S. Army Corps of Engineers Health Department Forest Service (Feel Wildlife Division (GWS OR GJ G I DISTRICTS/SERVICES nwpqi. Public Service Xcel Holy Cross Electric AT&T School District - RE -1, RE -2, 16 *District - Debegue x Soil Conservation District Water/Sanitation RFTA STATE OF COLORADO Bill Ritter, Jr., Governor DEPARTMENT OF NATURAL RESOURCES • DIVISION OF WILDLIFE • AN EQUAL OPPORTUNITY EMPLOYER Thomas E. Remington, Director 6060 Broadway Deriver, Colorado 80216 Telephone: (303) 297-1192 wildlife.state.co.us Dustin Dunbar Garfield County Building and Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Conn Creek II Compressor Station Special Use Permit — SUP 13508 Dear Mr. Dunbar, RECEIV , , JAN 2 8 2009 GARFIELD COU",I'-`r BUILDING & PL/ N 'Yrs OF`' For Wildlife - For People January 26, 2009 Thank you for the opportunity to comment on the proposed compressor station. The Division of Wildlife acknowledges OXY's request to develop a compressor station adjacent to an existing compressor station that lies along Conn Creek, north of the town of DeBeque, CO. The proposed development lies at the base of a steep slope with west and south facing aspects. The Division of Wildlife would like to offer the following comments with regard to potential impact on wildlife. Habitat The proposed building site lies along Conn Creek, which provides riparian habitat as it flows year-round. Riparian areas such as this are highly 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, consisting primarily of Gambel's oak, Douglas fir, big sagebrush, rabbitbrush, snowberry, serviceberry, chokecherry, sumac, and several forbs and grasses. This habitat provides crucial summer range for mule deer; summer range, severe winter range, winter concentration area and production area for elk; year-round and production range for wild turkey; summer and fall concentration areas for black bears; year-round range for mountain lion; and production areas and winter range for Greater sage grouse. The proposed facility lies in close proximity to at least two active sage grouse leks, present on Skinner Ridge above the site. The proposed compressor station lies in an area where native vegetation provides foraging, nesting, thermal and escape habitats for numerous species of wildlife. The removal and disturbance of native vegetation for the construction of the compressor station and associated roads will negatively impact the native wildlife species associated with this project area. Upon rehabilitation of this location and roads, negative impacts to native wildlife can be offset by planting a suitable mixture of native grass/forb/shrub seed. Seed plantings on disturbed soils will have greater germination and survival rates when the soil surface has been prepared to hold moisture and runoff precipitation. Soils will exhibit increased moisture retention capabilities when the soil surface has been loosened with a "ripping tool" that creates a rough DEPARTMENT OF NATURAL RESOURCES, Hams D. Sherman, Executive Director WILDLIFE COMMISSION, Robert Bray, Chair • Brad Coors, Vice Chair • Tim Glenn, Secretary Members, Dennis Buechler • Jeffrey Crawford • Dorothea Farris • Roy McAnally • Richard Ray • Robert Streeter Ex Officio Members, Hams Sherman and John Stulp and uneven soil surface and seed bed. This treatment will increase seed germination, and, will reduce the amount of surface runoff and soil erosion. Poaching Bears Multiple 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. 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 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. Weed 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 significant 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 II Compressor Station 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 970-255-6154. JT Romatzke Area Wildlife Manager cc: Ron Velarde, Northwest Regional Manager Brad Petch, Senior Wildlife Conservation Biologist Albert Romero, District Wildlife Manager • •