Loading...
HomeMy WebLinkAbout2.0 BOCC Staff Report 01.19.2004Exhibits for Encana Gathering Services (USA), Inc. Public Hearing held on January 19, 2004. E hibit 1.e' (A to A B Mail Return -Receipts Proof of Publication C Garfield County Zoning Regulations of 1978, as amended. D Garfield County Comprehensive Plan of 2000 E Project Information and Staff Comments F G Encana Gathering Services (USA) Inc., SSP Application Memo from Steve Anthony, Garfield County Weed Management, dated January 6, 2004 H I J K L M N 0 P Q R S T U V X Y Z AA BB CC DD EE FF GG HH II JJ KK LL MM NN BOCC: 1/19/04 MLB REQUEST: Special and Conditional Use Permit for an 24" pipeline APPLICANT : W. F. Clough, KN Energy, Inc., CDOT, Union Pacific Railroad Company, BLM, Michael J. & Betty Mosby, Commonwealth Title Company of Garfield County, Inc., Gary Lee & Lyle Leon Mahaffey, Velma Weinreis, Stanford R. Dere, Beverly Jensen, Puckett Land Company, Deanna Walker, Conoco Phillips Co., Exxon/Mobil, PSC of Colorado, Williams Production RMT Co., American Soda, L.L. P. REPRESENTATIVE: Encana Gathering Services (U.S.A.) Inc. LOCATION: SITE DATA: The gathering line will cross portions of Sections 13-16, 20, 21_,_ 23, 29, 30 in T6S,_ R94W- and portions of Sections 5, 25, 32-36, T7S, R95W and portions of Sections 1-2, T7S, R96W, and being along the I-70 corridor between Rifle and Parachute. The pipeline continues from the end of a recently completed pipeline that ended west of Rifle and will continue along the north side of the I-70 corridor to the Parachute area. ACCESS: I-70 Frontage road ZONING: R/L (Resource Lands), Lower Valley Floor and O/S (Open Space) I. SUMMARY OF REQUEST Encana Gathering Services (U.S.A.), Inc. has applied for a Special and Conditional Use Permit to install a 24" natural gas pipeline that will transport natural gas from many natural gas wells in the Mamm Creek and Grass Mesa area and transport the gas to a processing facility in the Parachute area. The gathering line will be approximately 80,300 feet or 15.2 miles in length. The pipeline starts at a compressor site west of Rifle and traverses private and public property to another site northwest of Parachute, up the Parachute Creek drainage on the American Soda property. The pipeline in question has been built and the permitting process is a result of an agreement with the County to file for a permit, even though the applicant did not understand that the pipeline was subject to County land use regulations. II. PROJECT DESCRIPTION The pipeline will cross both public and private lands. That portion of the corridor crossing Bureau of Land Management (BLM) land is the subject of an Environmental Assessment conducted by the BLM. A right-of-way permit was granted by the BLM. Other sections of the pipeline were located in the I-70 corridor and subject to approval of CDOT. The Applicant has negotiated easements with all private land owners that the gathering line will traverse. III. RELATIONSHIP TO THE COMPREHENSIVE PLAN The Garfield County Comprehensive Plan of 2000 addresses natural resource extraction issues in Section III, "Goals, Objectives, Policies and Programs." Natural Resource Extraction is covered in Section 9. A context for Section 9 is provided as a general Goal and as background: "Garfield County recognizes that under Colorado Law, the surface and mineral right interests have certain legal rights and privileges, including the right to extract and develop these interests. Furthermore, private property owners also have certain rights and privileges, including the right to have the mineral estate developed in a reasonable manner and to have adverse land use impacts mitigated." Under "Policies: Section 9.1" the following language is specifically appropriate: "Garfield County, to the extent legally possible, will require adequate mitigation to address the impacts of mineral extraction on adjacent landowners. These measures may include the following: A. Landscaping and screening B. Modification or phasing of area to be mined C. Roadway improvements and signage D. Safe and efficient access routes E. Drainage improvements to protect surface and groundwater" To the extent that these areas of concern have been identified and addressed in the applicant's proposal, and where identified mitigations are maintained and/or performed as specified, the proposal is in general compliance with the Comprehensive Plan. IV. PROCESS A. 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. 2 B. Zoning: The proposed gathering line traverses the R/L (Resource Lands) Lower Valley Floor zone district and the O/S (Open Space) zone district. The type of use is a Special use in the R/L Gentle Slopes and Lower Valley Floor and a conditional use in the O/S zone districts. Pursuant to section 3.09.01 [Uses, special or conditional in the O/S zone district] of the Zoning Resolution, the uses listed in 3.09.01 of the Zoning Resolution "shall be governed by a special use permit which shall be approved by the County Commissioners as provided for in this Zoning Resolution; except that where the authority for said use arises from a specific contract or permit with the U S. Government for the use ofproperty owned by that government, then that use shall be a conditional use, upon which the County Commissioners may impose conditions necessary to protect the health, safety and welfare of the people of the County, provided that said conditions do not directly conflict with a federally imposed regulatory scheme." The proposed pipeline has been subject to approval by the BLM and as a result is classified as a conditional use. V. REFERRALS: The application was reviewed by the Garfield County Vegetation Manager. He has made the following recommendations: The applicant provide a written commitment to inspect, monitor, and be responsible for the management of any of Garfield County's Noxious Weeds that may emerge on private lands that are disturbed by the pipeline. Further, that the applicant respond to any complaints by landowners regarding pipeline noxious weeds in a timely manner. Additionally, the applicant cooperate with the Colorado Department of Transportation in developing a weed management plan for any noxious weed infestations that occur on the pipeline with CDOT's rights-of-way). If hay or straw is used in the revegetation, he strongly recommends that the language: "must use Colorado Department of Agriculture certified weed free straw or hay" be incorporated into the conditions of approval. It is the recommendation of this department that the applicant post a revegetation security for the parts of the pipeline that is not on Colorado Department of Transportation right of way or on Bureau of Land Management property. The applicant has determined that the amount of surface area to be disturbed on private land by the pipeline is 62.44 acres. Based on a figure of $1000 per acre for reclamation costs. The total recommended security amount totals $62,440. This may be in the form of a letter of credit, if deemed appropriate by the County Attorney's Office, or the funds by may deposited with the County Treasurer. 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 bond release consideration. VI. SPECIAL USE PERMIT ISSUES While pipelines / gathering lines fall under the Garfield County Regulations as a Special Use, Staff has learned over time that pipelines / gathering lines have special characteristics that don't often fit the standard criteria for a typical Special Use, as well as the Industrial Operation and Performance Standards. 3 The standard checklist of criteria / concerns includes, but is not limited to the following: Utilities, Streets and Roads, Offsite Impacts, Water Run-off, Emanations, Wildlife, Livestock, Traffic, Reclamation, and Legal Water, which the Applicant has addressed through the application material. Fire: The Applicant submitted a copy of the "Fire Prevention and Suppression Plan" (Fire Plan). The Applicant noted that the Fire Plan identifies measures to be taken by the Applicant and its contractors to ensure that fire prevention and suppression techniques are carried out in accordance with federal, state, and local regulations. Measures identified in the Fire Plan apply to work within the project area defined as the right-of-way, access roads, all work and storage areas, and other areas used during construction of the project. Given that the pipeline in question was nearly completed by the time that the application was reviewed, no referral was made to the Grand Valley Fire Protection District. Weed Management and Reclamation Plan: The Applicant provided a copy of the "Reclamation Plan" that was submitted as a portion of the application.This application was submitted to Steve Anthony, Garfield County Weed Management Director, whose written comments were received and noted -previously. Wildlife: The Applicant did not provide a copy of the "Wildfire and Habitat Mitigation Plan" (Wildlife Plan) that was submitted to the BLM. Staff did not try to get a copy from BLM for the reasons stated earlier, that the pipeline was nearly complete at the time of the application being reviewed. A. . Stormwater: The Applicant did not provide a copy of the Stormwater Discharge Permit that would have to have been submitted to the State prior to construction. An approved copy of the Permit from the State has not been provided. Normally a condition of approval would be, prior to the issuance of the actual Special Use Permit, the Applicant shall provide to the County an approved Stormwater Discharge Permit. Given that the project is nearly complete, this seems unnecessary. VIII. 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 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 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. 5. The application is in substantial compliance with the Garfield County Comprehensive Plan of 2000, as amended. IX. RECOMMENDATION Staff recommends that the Board APPROVE the Encana Gathering Services (U.S.A.) Inc. Special Use Permit for the installation of a 24" natural gas pipeline, subject to the following conditions": 1. All representations of the Applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval, unless specifically altered by the Board. 2. Prior to the issuance of the actual Special Use Permit, the Applicant shall provide a written commitment to inspect, monitor, and be responsible for the management of any of Garfield County's Noxious Weeds that may emerge on private lands that are disturbed by the pipeline. Further, that the applicant respond to any complaints by landowners regarding pipeline noxious weeds in a timely manner. Additionally, the applicant cooperate with the Colorado Department of Transportation in developing a weed management plan for any noxious weed infestations that occur on the pipeline with CDOT's rights-of-way). 3. If hay or straw is used in the revegetation, the applicant must use Colorado Department of Agriculture certified weed -free straw or hay. 4. Prior to issuance of the conditional/special use permit, the applicant post a revegetation security for the parts of the pipeline that is not on Colorado Department of Transportation right of way or on Bureau of Land Management property The total required will total $62,440. This may be in the form of a letter of credit, if deemed appropriate by the County Attorney's Office, or the funds by may deposited with the County Treasurer. 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 bond release consideration. 6(-/"-{k"' 5 MEMORANDUM To: Mark Bean From: Steve Anthony Re: Comments on the EnCana Great Divide Pipeline Date: January 6, 2004 Thanks for the opportunity to comment on this permit. My comments are as follows: 1. Noxious Weeds A. Weed Management -It is requested that the applicant provide a written commitment to inspect, monitor, and be responsible for the management of any of Garfield County's Noxious Weeds that may emerge on private lands that are disturbed by the pipeline. It is requested that the applicant respond to any complaints by landowners regarding pipeline noxious weeds in a timely manner. It is also recommended that the applicant cooperate with the Colorado Department of Transportation in developing a weed management plan for any noxious weed infestations that occur on the pipeline with CDOT's rights-of-way. This area has several recorded infestations of both diffuse and spotted knapweed. These are two weed species that are relatively small in density in the County. We expect EnCana to be diligent in their weed management efforts, particularly on the aforementioned two knapweed species. 2. Revegetation A. Revegetation Plan -The applicant has provided a revegetation plan that includes a plant material list. The plan states that the applicant will use certified weed free hay or straw (if they don't use hydromulch). If they use hay or straw, I strongly recommend that the language: "must use Colorado Department of Agriculture certified weed free straw or hay" be incorporated into the conditions of approval. B. Revegetation Security -It is the recommendation of this department that the applicant post a revegetation security for the parts of the pipeline that is not on Colorado Department of Transportation right of way or on Bureau of Land Management property. The applicant has determined that the amount of surface area to be disturbed on private land by the pipeline is 62.44 acres. Based on a figure of $1000 per acre for reclamation costs. The total recommended security amount totals $62,440. This may be in the form of a letter of credit, if deemed appropriate by the County Attorney's Office, or the funds by may deposited with the County Treasurer. 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 bond release consideration.