Loading...
HomeMy WebLinkAbout2.0 BOCC Staff Report 08.15.2005Exhibits for Public Hearing on August 15, 2005 — BOCC Special Use Permit for a Natural Gas Compressor Facility at Orchard Mesa — EnCana 011 and Gas (USA) Inc Exhibit Letter (A to Z) Exhibit A Mail. Receipts B Proof of Publication C Garfield County Zoning Resolution of 1978, as amended D Garfield County Subdivision Regulations of 1984, as amended E Garfield County Compressive Plan of 2000 F Staff Report dated 8-15-5 G A.plication for the Compressor Facility Special Use Permit + get m. Lift dr" 44 ce5s inscitr is e 414,111,55 04 7 ,I uY: 6; ?Zorn. )17e 4 C-Cotel.-1 • 'tot/P4 (dn cert., 5 Zorn OiC f• Cod ued uJ 1 COJL( $t0" -k' G/ecrt, trv.11% p?tQ ,4 Q 41 • • • • Exhibits for Public Hearing on August 15, 2005 — BOCC Special Use Permit for a Natural Gas Compressor Facility at Orchard Mesa — EnCana Oil and Gas (USA) Inc Exhibit Letter (A to Z) Exhibit A Mail Receipts B Proof of Publication C Garfield County Zoning Resolution of 1978, as amended D Garfield County Subdivision Regulations of 1984, as amended _ E Garfield County Compressive Plan of 2000 F Staff Report dated 8-15-5 G Application for the Compressor Facility Special Use Permit • • BOCC 8-1-2005 RW PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Special Use Permit for "Storage, Processing, and Material Handling of Natural Resource" Natural Gas Compressor OWNERJAPPLICANT: EnCana Oil and Gas (USA) Inc. REPRESNTATIVE: Wagon Wheel Consulting LOCATION: Southeast of the intersection of CR 300 and H W Y 6 — Orchard Mesa SITE INFO: Six Acres ACCESS: CR 300 WATER: No proposal for water SEWER: No sewer service is proposed EXISTING ZONING: ARRD (Agricultural Residential Rural Density) phorgraph LS of th proposed comjlre£4or 1 !ou717CN1 1 0 1. BACKGROUND The Building and Planning Department is in receipt of a Special Use Permit (SUP) application for "Storage, Processing, and Material Handling ofNatural Resource" for a Natural Gas Compressor on a 6 acre property leased by Encana Oil & Gas USA, Inc. The property is located approximately 200' south and 1700' east of the intersection of CR 300 and HWY 6 — Orchard Mesa Area. The Proposed compressor station will connect to a pipeline that is 12" in diameter and less 1000' in length. As required in §9.03.04 of the Zoning Regulations, this request was heard by the Board of County Commissioners for a possible referral to the Planning Commission. On July 5, 2005 the Board voted not to refer this item to the Planning Commission. This decision was based the historic industrial use of the property, the relatively remote location, and the size and impact of the request. Under the new pipeline regulations, compressor stations are considered an appurtenance. The county would only review pipelines and appurtenants if the line is greater than 12" in diameter and over two miles in length or any pipeline that is over five miles in length regardless ofthe diameter. In light ofthe new regulations, this compressor would not be under the purview of the County. EnCana originally submitted this application prior to the Board approving the pipeline regulations and has decided to continue with the SUP process. The applicant has submitted all State and Federal associated permits with the application materials for 41111 this Special Use Permit. 2. PROPOSAL EnCana Oil and Gas USA, Inc are proposing a compressor station facility to provide dehydration, hydrate formation protection, and compression for produced natural gas. Gathering systems will transport gas from the wells to the proposed station. Once compressed, the natural gas is delivered to a higher pressure system and transported to a location where it is conditioned for sales. The station will be in operation 24 hours a day 365 days a year for 20 years. A complete explanation of the project is found in the Special Use Application materials under the heading of Project Description. 3. GENERAL REQUIREMENTS FOR ALL SPECIAL USE PERMITS §5.03 Conditional and Special Uses (Zoning Resolution of 1978, as amended) 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. 2 Staff Comments: Once construction is complete, the station will not require water or sewer service. The system will be remotely monitored 24 hours a day by EnCana. This requirement is not applicable to the application. 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. Staff Comments: Garfield County Road and Bridge Department has issued a driveway permit to EnCana for ingress and egress to CR 300. The completed compressor station will generate very little traffic. In light of the access permit and limited trips that will be generated by the use, no additional road improvements are necessary. 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. Staff Comments: The proposed facility is adjacent to an existing gravel pit. The facility will be similar to compressor stations that are currently in operation along the 1-70 corridor. A six foot high fence will be installed around the perimeter of the facility, to insure safety and security. Although the site will be visible from adjoining property, it will be compatible with existing uses and will not detract from the "neighborhood character" §5.03.07 Industrial Operations (1) The applicantfor a permitfor industrial operations shall prepare and submit to the Planning Director ten (10) copies of an impact statement on the proposed use describing its location, scope, design and construction schedule, including an explanation of its operational characteristics. One (1) copy of the impact statement shall be filed with the County Commissioners by the Planning Director. The impact statement shall address the following: (A) Existing lawful use of water through depletion or pollution ofsurface run-off, stream flow or ground water. Staff Comments: The facility will not require the use of onsite water. There will be no depletion or pollution of surface run-off, stream flow or groundwater. (B)Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. Staff Comments: The proposed compressor will be run by a combustion engine that will have an exhaust system that is muffled to mitigate any unlawful noise. Any exhausted air shall meet all State and Federal guidelines. The applicant has submitted proper documentation of all State permits. 3 (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. Staff Comments: The applicant has not submitted any information concerning impacts to wildlife. Prior to issuance of this SUP the applicant shall identify any impacts to wildlife and submit a imagination plan. (0) Affirmafively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County. Staff Comments: During the construction phase, vehicles and equipment will be parked on the facility site and will not be allowed to block or hinder normal traffic. Certified naggers will be utilized to insure safety as part of the Traffic Control Plan. Following completion, traffic flow to and from the facility will be 2 vehicle (light -truck) trips per day (E) That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use(s). Staff Comments: The site is isolated from abutting uses; the nearest residence is more than 3/4 of a mile from the site. The remaining use near the proposed site is a gravel operation plant that will not be damaged by the proposed operation (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 Comments: The applicant is proposing a six foot high fence around the entire perimeter of the site that will provide safety and security. (2) 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` Comments: The applicant is proposing the following rehabilitation measures: 1. Removal of all surface equipment 2. Restoration and re -contouring of grade to approximate original conditions 3. Replacement of stockpiled topsoil 4. Compliance with all prevailing COGCC and Garfield County conditions governing final reclamation The applicant has not submitted a weed inventory or a weed management plan for the site. Prior to issuance of this SUP the applicant shall provide this information. (B)The County Commissioners may require security before a permitfor special or conditional ase is issued, frequired The applicant shallfurnish 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 4 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. Staff Comments: It shall be at the discretion of the Board to determine whether security is needed. (C) Impacts set forth in the impact statement and compliance with the standards contained in Section 5.03.08 of this Resolution. (A. 93-061) §5.03.08 Industrial Performance Standards 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. (A. 93-061) Staff Comments: The proposed use of the site will create noise. The applicant provided information • stating the noise levels will be below what is allowed by the State. The applicant shall be aware of all sound volume standards and meet all State requirements. (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;. Staff Comments: The applicant has not submitted any information concerning ground vibration. Prior to issuance of this SUP the applicant shall submit information that no vibration will be perceptible at the boundary line of the facility (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. Staff Comments: If the facility creates smoke or particulate matter, the applicant shall be aware of and meet all Federal and State air quality 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 • • Staff Comments: The storage facility will not create glare, radiation or fumes that will substantially interfere with adjoining property. Once again, the applicant shall be aware of all State and Federal guidelines and proved any mitigating measures prior to issuance of this SUP. (5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas : (A97-112). (A) Storage offlammable lammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state and local fire codes and written recommendations/comments from the appropriate local protection district regarding compliance with the appropriate codes; (A97-112) Staff Comments: Hazardous materials such as lubricating oils, glycol, and methanol will be contained on site and will comply with CEPA rules and regulations_ As noted earlier, the site will be surrounded by a six foot high fence (B) At the discretion of the County Commissioners, all outdoor storage facilities may be required to be enclosed by fence, landscaping or wall adequate to conceal such facilities from adjacent property, (A97-112) Staff Comments: The proposed facility is adjacent to an existing gravel pit. The facility will be similar to compressor stations that are already in operation along the 1-70 corridor. A six foot high fence will be installed around the perimeter of the facility in order to insure safety and security. Although the site will be visible from adjoining property, it will be compatible with existing uses and will not detract from the "neighborhood character" (C) No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces; (A97-112) Staff Comments: No material wastes are proposed. (D) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the following standards: (A97-112) 1. The minimum lot size is five (5) acres and is not a platted subdivision. 2. The equipment storage area is not placed any closer than 300 ft. from any existing residential dwelling. 3. All equipment storage will be enclosed in an area with screening at least eight (8) feet in height and obscured from view at the same elevation or lower. Screening may include berming, landscaping, sight obscuring fencing or a combination of any of these methods. 4. Any repair and maintenance activity requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries will be 6 conducted within a building or outdoors during the hours of 8 a.m. to 6 p.m., Mon. -Fri. 5. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. Staff Comments. No heavy equipment storage, other than the machinery that will be enclosed in the compressor building is proposed on this site. (E) Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. (497-112) Staff Comments: The proposed site is six acres and no additional storage is proposed. (F) Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property (A97-112). Staff Comments: The applicant has not submitted any lighting plans. Should outdoor lighting be used, the applicant shall ensure that all lighting is downward and inward facing towards the building and no light will trespass on adjoining property. (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 Comments: The applicant has submitted a Strom Water Management Plan. EnCana has previously applied for a SWMP for this site and the CDPHE has assigned a permit (COR -030000). 4. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. That the hearing 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. That for the above stated and other reasons, the proposed Special Use Permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in conformance with the Garfield County Zoning Resolution of 1978, as amended. 7 5. STAFF RECOMENDATION: Staff is recommending the board approve the Special Use Permit 410 to allow a Natural Gas Compressor Station Facility with the following conditions: 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. The County reserves the right to retain outside expertise, at the expense of the applicant / operator of the facility, in order to conduct tests or analyses of the physical nature, water chemistry or groundwater properties on or away from the site. 4. That this facility is for the sole use of the applicant. If any other entities are to be added as users, then they would be subject to an additional SUP as well as rules and regulations as administered by the COGCC. 5. The applicant shall submit a weed inventory and control plan of the subject property. 6 The applicant shall comply with all standards as set forth in §5.03.08 "Industrial Performance Standards" of the Garfield County Zoning Resolution of 1978 as amended. The applicant shall identify all wildlife and possible impacts the corepressor station will have and propose a mitigation plan. 6. RECOMMENDED MOTION "I move to approve the Special Use Permit request for a Natural Gas Compressor Station Facility operated by EnCana Oil and Gas USA, Inc, located southeast of the intersection of Hwy 6 and County Road 300, in the Orchard Mesa Area." 8 • • SURFACE LEASE AGREEMENT FOR AND IN CONSIDERATION OF TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency is hereby acknowledged, this 2 41 day of May, 2005, WILLIAM R. PATTERSON, RODNEY C. POWER, RONALD E. TIPPING and MARIE E. TIPPING, ("Lessor") hereby lease unto ENCANA OIL & GAS (USA) INC. ("Lessee"), its successors and assigns, a certain tract of land or parcel of land located in the County of Garfield, State of Colorado ("Premises"), more particularly described as follows: A parcel of land located in the SEI/dSW' of Section 27, Township 7 South, Range 96 West of the 6th Principal Meridian, Garfield County, Colorado. The said parcel of land being more particularly described as follows and shown on Exhibit "A" attached hereto TOWNSHIP 7 SOUTH, RANGE 96 WEST, 6TH P.M. Section 27: Beginning at a point in the SE'/aSWI of said Section 27, which bears North 77°40'08" West, a distance of 922.46 feet from the South 1/4 Corner of said Section 27, (being a 1982 aluminum cap); Thence South 88°40'41" West, a distance of 400.00 feet; Thence North 01°19'27" West, a distance of 653.41 feet; Thence North 88°40'01" East, a distance of 400.00 feet; Thence South 01°19'27" East, a distance of 653.41 feet to the Point of Beginning. Basis of bearings is the South line of the SW1of said Section 27 which is taken from global positioning satellite observations to bear North 89°28'22" East, a measured distance of 2,595.40 feet, (the Southwest Corner of said Section 27, being a 1982 aluminum cap). Containing 6.00 acres, more or less. Roadway: Included with the lease of the Premises, Lessee shall be entitled to the use of an existing access road Sixteen (16) feet in width that extends from the county road (Uno Road a/k/a County Road #300) now located westerly of the Premises, to the Premises. During the term of this Lease, the surface of said existing road will be maintained at the sole cost and expense of the Lessee. Use of Premises: Lessee shall have the right to use the Premises primarily for the construction and placement of one or more compressors with related storage tanks, valves, metering house, and related equipment necessary for the operation of the compressors and compression of natural gas for the operations of Lessee. Lessee shall also have the right to use the Premises for a conditioning facility plant with related dehydration equipment, storage tanks, valves, separators and the equipment necessary for the operation of the treatment of natural gas. Lessee agrees to keep equipment and materials stored on the land of Lessor in neat and orderly condition. aft OFF 3. Term: This lease shall commence on the above date and shall continue so long as the Premises are used by Lessee, its successors and assigns, for the purposes herein stated. Lessee may terminate this lease at any time by providing Lessor with (90) ninety days' prior written notice, and in such event, Lessee shall have no further obligations hereunder except the obligation to remove the equipment and restore the surface. 4. Rental: Lessee shall pay or tender to Lessor an annual rental of twelve thousand five hundred dollars ($12,500.00) on or before each anniversary date of this lease. It is agreed that any payment hereunder may be made to Rodney C. Power for the benefit of all Lessors, at the address listed below, and Lessee shall have no liability to the other Lessors for such payment. Title Transfer. No change in ownership of the Premises shall be binding on Lessee unless and until it shall have first been furnished a copy of the recorded conveyance effecting such transfer of title. 6. Full Use and Enjoyment: Lessee shall have the full use and enjoyment of said lands for the purposes described herein, Inspection: Lessor reserves and shall at all times have the right to enter the premises to inspect the same. 8. Indemnity of Lessee: Except for any claims arising out of or due to acts or omissions of i Lessor, Lessee shall indemnify and hold Lessor harmless against and from all claims !' arising from Lessee's use of the Premises. 9. Termination of Lease: Upon termination of this Lease, Lessee shall remove all compressors, structures, pipes, tanks and other equipment, materials and supplies placed upon the premises. 10. Notices: All notices and demands, which may or are to be required or permitted to be given by either party to the other hereunder, shall be in writing. Alt Lessors hereby appoint Rodney C. Power as their agent for receipt of notices and receipt of rental payments. All notices and demands shall be sent by United States mail, certified, return receipt requested, postage prepaid, addressed as follows: Lessor: Mr. Rodney C. Power P. 0. Box 1329 Grand Junction, CO 81502 Lessee: EnCana Oil & Gas (USA) Inc. 370 17th Street Suite 1700 Denver, CO 80202 Attention: Land Department • 2 All notices and demands given hereunder shall be considered to be given and delivered upon deposit in the United States mail as herein provided. 11. Memo of Lease Recorded: A Memorandum of this Lease may be recorded by the parties, and if recorded, Lessee covenants and agrees to record a release within thirty (30) days following the termination of the Lease. 12. Governing Law: This Lease shall be governed by the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have set their hands on the day and year first written above. By: LESSEE: ENCANA OIL & GAS (USA) INC. l Ct ,f J el S. Fox, Attorney -in -Fact LESSOR: Rodney C. Power Ronald E. Tipping 7 /r C- Com--, Marie E. Tipping 3 • • • STATE OF COLORADO ACKNOWLEDGEMENTS ) )§ CITY AND COUNTY OF DENVER) On this '1 �` day of June, 2005, before me personally appeared Joel S. Fox, known to me to be the Attorney -in -Fact ofENCANA Oil & Gas (USA) Inc. and he acknowledge that he executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. t.'(1ii,/$'L` L C.. !) i,• .) My Commission Expire l...,Notary Public: My Commission Expires 709/2008 4 STATE OF COLORADO COUNTY OF MESA The foregoing instrument was acknowledged before me this Lo day of May, 2005, by William R. Patterson, an individual IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. C mmi cion Expires: pfres STATE OF COLORADO COUNTY OF MESA Notary Public: The foregoing instrument was acknowledged before me this " day of May, 2005, by Rodney C. Power, an individual IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. My Commission E Aires: Notary Public: 5 • STATE OF COLORADO COUNTY OF MESA The foregoing instrument was acknowledged before me this ? day of May, 2005, by Ronald E. Tipping and Marie E, Tipping, individually and as husband and wife. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 2 My CommissioExpires: Notary Public: gas' • • 6 • EXHIBIT "A" r 100' 50' 00' SD 4' ITO 9U8org • ACKNOWLEDGMENTS State of Colorado 7§ County of Mesa On this ,, L' yday of May, 2005, before me personally appeared William R. Patterson, Rodney C. Power, Ronald E. Tipping and Mane E. Tipping, known to me to be the persons described in and who executed the foregoing instrument, and who acknowledged to me that they executed the same. (SEAL) My commission expires: State of Colorado City & County of Denver /') )§ } • /v/YzioA Notary Public On this �;I- day of June, 2005, before me personally appeared, Joel S. Fox, Attorney -In -Fact for EnCana Oil & Gas (USA) Inc., known to me to be the person described in and who executed the foregoing instrument, and who acknowledged to me that he executed the same. (SEAL) My commission expires: Notary: ON A� ' My Commission Expires 7/1912 008 2 of 2 • MEMORANDUM OF SURFACE LEASE AGREEMENT WHEREAS on the iy qday of May, 2005, William R. Patterson, Rodney C. Power, Ronald E. Tipping and Marie E. Tipping, whose address is P. O. Box 1329, Grand Junction, Colorado 81502 (individually and collectively as "Lessor") entered into a Surface Lease Agreement with EnCana Oil & Gas (USA) Inc., whose address is 370 17`h Street, Suite 1700, Denver, CO 80202 ("Lessee"), covering the below described lands in Garfield County, Colorado. A parcel of land located in the SE%SW% of Section 27, Township 7 South, Range 96 West of the eth Principal Meridian, Garfield County, Colorado. The said parcel of land being more particularly described as follows and shown on Exhibit "A" attached hereto: TOWNSHIP 7 SOUTH, RANGE 96 WEST, 6TH P.M. Section 27: Beginning at a point in the SE' SW'/. of said Section 27, which bears North 7T40'08" West, a distance of 922.46 feet from the South 1/4 Comer of said Section 27, (being a 1982 aluminum cap); Thence South 88°40'61" West, a distance of 400.00 feet; Thence North 01°19'27" West, a distance of 653.41 feet; Thence North 88°40'01" East, a distance of 400.00 feet; Thence South 01°192T East, a distance of 653.41 feet to the Point of Beginning. Basis of bearings is the South line of the SW'/4 of said Section 27 which is taken from global positioning satellite observations to bear North 89°28'22" East, a measured distance of 2,595.40 feet, (the Southwest Comer of said Section 27, being a 1982 aluminum cap). Containing 6.00 acres, more or less. WHEREAS said agreement provides for, among other things, the right to enter upon and use the Lessor's property for the construction and placement of one or more compressors with related storage tanks, valves, metering house and related equipment necessary for the operation of the compressors and compression of natural gas for the operations of Lessee. Said agreement sets forth payment of specific amounts to cover damages resulting from the construction, use and maintenance of the compressor site location(s). Said agreement, with all of its terms, conditions, covenants and other provisions, is referred to and incorporated into this Memorandum for all purposes. NOW THEREFORE this Memorandum is placed of record for the purpose of giving notice of the Surface Lease Agreement. Rodney C. Power Ronald E. Tipping Marie E. Tipping Lessee: EnCara Oil & G (USA) Inc By:(J ox, Attorney7t"n-Fact 1 of 2 EXHIBIT "A" l l f 0 tihR8PC.. hi u;°">a! ia 00 qr S4' 1 W' 64 f� • • MEMORANDUM TO Board of County Commissioners FROM Building and Planning Department, Richard Wheeler DATE July 5, 2005 RE Referral of a Special Use Permit (SUP) for "Storage, Processing, and Material Handling of Natural Resource" to allow a Compressor Station I. BACKGROUND The Building and Planning Department has received a SUP application for "Storage, Processing, and Material Handling of Natural Resource" to allow a Compressor Station on a 6 acre parcel owned Ronald and Marie Tipping. leased by Encana Oil & Gas USA, Inc. The property is located approximately 200' south and 1700' east of the intersection of CR 300 and HWY 6 — Orchard Mesa Area. The Proposed compressor station will connect to a pipeline that is 12" in diameter and less 1000' in length, Wagon Wheel Consulting, representing Encana Oil & Gas USA has submitted an impact statement which describes: • Proposed use and location • Distance to residences • General design of the compressor station • Hours of operation, and trips generated • Noise, vibration, and odor • Life of structure This impact statement is enclosed for further review. H. REOUEST 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 Based on the recently approved pipeline regulation by the Board of County Commissioners, it appears this compressor station, as an appurtenant structure, does not fall within the County's regulatory purview due to the length and size of pipelines to which it is appurtenant. Therefore, as a result of the newly approved pipeline regulations Staff finds that the County would not regulate such a compressor. If the compressor was to be regulated as a stand-alone land use, Staff finds that due to 1) the limited nature of potential impacts to surrounding properties, 2) the relative long distance to any residence, 3) and the fact that the site itself will be situated in an industrial area already characterized by gravel operations on an abutting 17.5 acres parcel, Staff recommends the Board direct Staff to schedule a public hearing for the Board and not refer the matter to the Planning Commission. Impact Statement The location of the new facility was selected for a number of reasons. The proposed location is within an area currently utilized and zoned for industrial purposes. Located adjacent to the proposed site is an active gravel mining and rock crushing facility operated by the surface land owner. The distance to the nearest residence is approximately % miles. The construction and operation of the proposed facility was strategically located so as to afford the ability to compress natural gas produced from current and future wells from around the surrounding area. This central location eliminates the need for a greater number of small compressor sites which would cause substantial impacts to the environment and local residents. The facility will be in continuous use and operation 24 -hours per day, year-round. The facility will be manned during normal, daylight working hours; however, EnCana will install a remote monitoring and control system, which will be patched into their 24-hour, manned, Gas Control office. EnCana currently owns and operates a 24" natural gas pipeline, which lies within the Colorado Department of Transportation (CDOT) right-of-way, approximately 300 feet north of the proposed facility. The natural gas from the facility will be discharged into this existing pipeline limiting the need for an additional high pressure pipeline over a greater distance. All permits have been obtained from CDOT and UPRR for the proposed tie-in. The discharge piping will be installed by boring the right-of-way so as to minimize additional ground disturbance. During the initial phase of operations, natural gas powered compressors will be installed, equipped with muffler systems designed to minimize noise emissions to the lowest levels possible. The projected noise levels will be well below permitted levels set forth by the State. EnCana plans to convert the compressors to electric drive motors as the facility expands due to increased volumes of natural gas being produced. Negotiations and permitting of the proposed power line are currently in progress. The compressors will be installed within an enclosed building which will aid in noise dampening, visual impact, and site security. A "Building Permit" and "Grading Permit" will be obtained from Garfield County Building and Planning Department for the construction of these facilities. Traffic on Highway 6 and Garfield County Road 300 will increase during the construction phase of the facility. The impact to County Road 300 will be limited to approximately 300 feet. Construction workers and equipment will park on the facility site and will not be allowed to block or hinder normal traffic. Certified flaggers will be utilized to insure safety as part of the "Traffic Control Plan", submitted to Garfield County Road and Bridge Department for obtaining an Access Permit. Following completion of the construction phase, it is anticipated that normal traffic to and from the facility will be limited to approximately 2 light -truck trips per day. • • Hazardous materials such as lubricating oils, glycol, and methanol, will be contained on site and will comply with CEPA rules and regulations. A 6 foot fence will be installed around the perimeter of the facility in order to insure safety and security to the Public, wildlife, and livestock. Adequate setback from adjoining properties will be observed so as to minimize impacts caused by the facility construction and operations (refer to site plan)...