HomeMy WebLinkAbout20110663 STATE OF COLORADO
John W.Hickenlooper,Governor LOS \
• DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE RECEIVED 3 a
AN EQUAL OPPORTUNITY EMPLOYER `�Q�,Ora_AYE
Thomas E.Remington, Director MAR 15 2011
6060 Broadway For Wildlife-
Denver,Colorado 80216 Weld County Planning Department For People
Telephone:(303)297-1192 BREELEY OFFICE
wildlife.state.co.us
March 7,2011
Kim Ogle—Planner Niobrara Energy Park LLC-Applicant
Weld County Planning Department 2725 Rocky Mountain Ave, Suite 400
918 10'h Street Loveland CO80538
Greeley,CO 80631
RE: Case Number PZ-1158
Dear Kim,
The Colorado Division of Wildlife(CDOW)has reviewed the Change of Zone from the A(Agricultural)Zone
District to the PUD(Planned Unit Development)with C-3 (Business Commercial)and 1-3 (Industrial)uses,open
space,continuing oil and gas production(Niobrara Energy Park). District Wildlife Manager Troy Florian made a
site visit to the parcel. In this letter you will find our comments concerning the proposal.
• The site is located north of and adjacent to WCR 126,approximately%mile west of Hwy 85. The area where the
development is proposed is representative of vegetation and topography typically found in short grass prairie.
ecosystems.
If a commercial energy production facility is developed on the proposed site,the CDOW recommends:
- Perform pre-construction wildlife surveys prior to ground-breaking construction.
- Ground-breaking construction occurs between August 15 and April 1 to prevent the destruction of
nesting wildlife.
- Noxious weed and re-vegetation management plans be developed and implemented in areas where
there will be ground disturbance due to construction activities.
- Any fences built are recommended to be three or four strand fencing with a bottom strand height of
17 inches and a maximum top strand height of 42 inches,along with installation of double stays
between posts.
- Electrical substations and/or transmission infrastructure should be constructed to comply with the
most current American Powerline Interaction Committee(APLIC)standards(Appendix D).
- In terms of Wind Energy development,CDOW recommends that the developer consults the attached
Wind Farm development recommendations(Appendix A and B),as well as the"Wind Turbine
Guidelines—Advisory Committee Recommendations—March 4,2010". If commercial level wind
development is considered within this project,CDOW requests to be involved as early as possible to
discuss strategies of meeting the developers project goals while at the same time minimizing impacts
to wildlife and wildlife habitat.
- In terms of Oil and Gas development,CDOW recommends that the developer consult the attached Oil
and Gas development recommendations(Appendix C).
- Communication towers should be constructed in accordance to the attached Service Guidance on the
• Siting,Construction,Operation and Decommissioning of Communications Towers(Appendix D).
EXHIBIT
King,DEPARTMENT OF NATURAL RESOURCES.Mike
WILDLIFE COMMISSION,Tim Glenn,Chair•Robert Streeter,Vicea Director
Chair••Mark Smith,Sege
Members,David R.Brougham•Dennis Buechler•Dorothea Farris•Allan Jones•John Singletary• •-
Ex Officio Members,Mike ling and John Stutp
lC//—C�- 3
Pre-Construction Surveys. Implementation of pre-construction surveys for terrestrial and aquatic species of
wildlife and vegetation is recommended to provide a baseline knowledge of existing species within the project
area,including threatened,endangered and species of concern. Surveys should be planned and completed by
certified biologists with biological survey experience and performed within and adjacent to the project area(at
least the disturbance buffer distance out from the project corridor edges for each target species),and should
include:
- Raptor nesting activity,both active and inactive nest(for species such as Ferruginous hawks,eagles
and other raptors)including active burrowing owl nest sites within or adjacent to entire project
corridor;
- Neo-tropical songbird and shorebird nesting activity(including the Mountain Plover).Mountain
plovers are found primarily in the arid grasslands of the Great Plains and nesting plovers choose short-
grass prairie grazed by prairie dogs,bison,or cattle,overgrazed tall grass,and fallow fields on
fragmented prairie(Knopf 1996). Since mountain plovers migrate out of Colorado after the breeding
season,we feel that construction of the proposed facility will have fewer negative effects on this bird
species if disturbance to the ground surface takes place outside of the breeding season. ;
- Mammalian natal den sites(such as swift fox,black-tailed prairie dogs);
- Reptile hibernacula,amphibians(all state listed species of concern);and
- Fish species(such as brassy minnow—state threatened species,Johnny and Iowa darters—species of
concern).
Ground-breaking Construction. The short grass prairie is a desirable nesting habitat and contains a large
number of different species of small birds. Most species of small birds are primarily ground nesting birds,
although some species nest in trees or bushes. Some of these species are permanent residents while others are
migrants or summer(breeding)residents. Many of these small birds are categorized as neo-tropical. Neo-tropical
species are experiencing drastic population declines and the CDOW is concerned about any activities that could
negatively impact them. All of the ground-nesting birds in this area could be subject to habitat loss,displacement
and disturbance from future construction or development. It is possible that human activities around nest sites
during critical nesting periods can significant negative impacts. In regards to ground-nesting birds in the area,it
is recommended that any ground breaking construction that takes place on the proposed area occurs before April 1
and after August 15 to minimize any impacts that human activity may have on these ground nesting birds.
USFWS staff recommends this as well as a way of avoiding violation of the Migratory Bird Treaty Act. If
construction processes cannot be completed outside of critical nesting periods,CDOW recommends that the
surface of the construction site be excavated or bladed to bare soil prior to April t to minimize nesting
opportunity for the ground nesting birds in the area. If the surface of the construction site cannot be bladed or
excavated prior to April 1,CDOW recommends that the developer employ nest clearance surveys before site
specific infrastructure construction begins.
Weed Management. Noxious weeds reduce property value and wildlife habitat. With new construction taking
place and machinery being transported from one site to another, it is important to help prevent the spread of
noxious weeds. Equipment should be cleaned periodically to remove weed seeds even if no weeds are visible. It
is recommended that noxious weeds are actively eradicated. A working weed management and disturbed are
reclamation plan should be developed and implemented throughout construction and until all disturbed areas are
properly re-vegetated with native species in a way that prevents erosion and invasions by noxious weeds. The
applicant may want to contact the Weld County Weed Inspector to facilitate development of reclamation and
week management plans for the development. Additionally,a dust abatement plan should be developed to
decrease the opportunity for blowing sand and dust from adversely impacting plant communities on surrounding
alnds.
Fencing. CDOW is concerned for the safety of the wildlife in the area if fences are erected,as some types of
fencing can be dangerous and even fatal to wildlife. Therefore, it is recommended that all constructed fencing be
the type that would allow the free passage of wildlife. Fencing plans should avoid the use of woven wire type
fences that trap or prevent movement of wildlife, unless specifically used to exclude humans and/or wildlife for
facility safety or security purposes. In regards to barbed wire fencing,CDOW recommends the use of three or
four strand fencing with a bottom strand height of 17 inches and a maximum top strand height of 42 inches,along
with double stays between posts.
Electric Infrastructure. Above ground lines,substations,switching stations and other electrified infrastructure
should be constructed using the latest technology and APLIC standards for minimizing electrocution risks to
wildlife. In an effort to minimize habitat fragmentation and the potential for avian strikes,CDOW recommends
that to the extent possible,transmission lines should be routed/located in close proximity to existing power lines
and/or road right-of-ways,and away from key habitat features that may concentrate wildlife use.
Wind Energy Development. Please refer to the attached document titled CDOW's Wind Farm
Recommendations(Appendix A and B),as well as the"Wind Turbine Guidelines—Advisory Committee
Recommendations—March 4,2010".
Oil and Gas Develoment. Please refer to the attached document titled CDOW's Actions to Minimize Adverse
Impacts to Wildlife Resourcse(Appendix C)
Communication Towers. Communication towers should be constructed in accordance to the attached document
titled Service Guidance on the Siting,Construction,Operation and Decommissioning of Communications Towers
(Appendix D).
On behalf of the Colorado Division of Wildlife,I would like to thank you for the opportunity to review and
comment on this proposal. If you or the applicant has any further questions,please feel free to call Troy Florian
at(970)443-1993.
Sincerely,
Mark Leslie
Am Wildlife Manager
• Cc: Steve Yamashita
Kathy Green
Celia Greenman
Mike Sherman
Troy Florian
COLORADO DIVISION OF WILDLIFE'S
ACTIONS TO MINIMIZE ADVERSE IMPACTS TO WILDLIFE RESOURCES
October 27, 2008
The purpose of this document is to enumerate potential actions that may avoid, minimize,
and/or mitigate adverse impacts of oil and gas operations on Colorado's wildlife resources.
I. PLANNING INFRASTRUCTURE PLACEMENT AND DEVELOPMENT ACTIVITIES
Planning infrastructure placement and the timing of development activities to ovoid and
minimize impacts to wildlife resources is a critical component to any development strategy that
balances the needs of wildlife with the rights of the oil and gas operator to produce oil and gas.
To accomplish this objective, a Wildlife Impact Avoidance and Minimization Plan should be
prepared prior to development that incorporates the following strategies:
A. Bring operators,CDOW personnel and surface owners together early in the planning
process to assess wildlife needs and operational constraints, and to collaborate on a
planning document that provides guidelines to avoid or minimize impacts to wildlife
resources.
B. Plan development activities at the largest scale possible (i.e. landscape level) in order to
allow for phased or clustered development to avoid or minimize impacts to wildlife
resources. Use unitization,operator agreements, and other agreements to improve
communication,to consolidate and minimize infrastructure,and to allow for effective
landscape level planning.
C. Develop and implement an adaptive management program that provides for monitoring
and evaluation,that documents environmental changes, and that implements mid-course
corrections to development and operational practices. Correlate oil and gas operations
with environmental changes through ongoing monitoring and evaluation and adaptively
adjust future oil and gas development activities as necessary to protect wildlife resources.
II. ELEMENTS OF AN IMPACT AVOIDANCE AND MINIMIZATION PLAN
The following elements may be used collectively for the development of a landscape Wildlife
Impact Avoidance and Minimization Plan, or individually as Avoidance Measures on a well-by-
well basis.
A. GENERAL WILDLIFE AND ENVIRONMENTAL PROTECTION MEASURES: These measures are
meant to educate field personnel regarding specific wildlife concerns.
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1. Provide annual educational training for staff and contractors on specific wildlife issues of
concern, (e.g., how to recognize lek sites,the location and importance of seasonal
wildlife habitats and migratory patterns, how to locate mountain plover nests,the
effects of winter range disturbance on wildlife,etc.,) and on the overall aspects of the
landscape planning documents and any agreements with CDOW.
2. Establish policies to protect wildlife(e.g., no poaching, no firearms, no dogs on location,
no feeding of wildlife, etc.).
3. Promptly report spills that affect wildlife to the Water Quality Control Division of CDPHE
and CDOW.
4. Store and stage emergency spill response equipment at strategic locations along
perennial water courses so that it Is available to expedite effective spill response.
5. Avoid locating staging, refueling, and storage areas within 300 feet of any reservoir,
lake,wetland,or natural perennial or seasonally flowing stream or river.
6. Install automated emergency response systems(e.g., high tank alarms, emergency shut-
down systems, etc.).
B. INFRASTRUCTURE LAYOUT WILDLIFE PROTECTION MEASURES(induding production
facilities,ancillary facilities, and roads): The purpose of these measures is to consolidate
development activities and production facilities in order to minimize direct habitat loss and
fragmentation, and to minimize displacement of wildlife due to audible, olfactory and visual
disturbances.
1. Avoid new surface disturbance and placing new facilities in key wildlife habitats in
consultation with CDOW.
2. Phase and concentrate all development activities,so that large areas of undisturbed
habitat for wildlife remain. Maintain undeveloped areas within development
boundaries sufficient to allow wildlife to persist within development boundaries during
all phases of construction,drilling, and production. Minimize the duration of
development and avoid repeated or chronic disturbance of developed areas. Complete
all anticipated drilling within a phased,concentrated, development area during a single,
uninterrupted time period.
3. Develop a transportation plan to incorporate the following strategies:
a. Minimize the number, length,and footprint of oil and gas development roads;
b. Use existing routes where possible;
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c. Combine utility infrastructure (gas, electric, and water) planning with roadway
planning to avoid separate utility corridors;
d. Combine and share roads to minimize habitat fragmentation
e. Place roads to avoid obstructions to migratory routes for wildlife, and to avoid
displacement of wildlife from public to private lands.
f. Design roads with visual and auditory buffers or screens(e.g.,topographic
barriers,vegetation,and distance).
g. Surface roads to ensure that the anticipated volume of traffic and the weight and
speed of vehicles using the road do not cause environmental damage, including
generation of fugitive dust and contribution of sediment to downstream areas.
h. Locate roads as far from riparian areas and bottoms of drainages as possible and
outside of riparian habitat.
I. Avoid constructing any road segment in the channel of an intermittent or
perennial stream.
• j. Avoid low water crossings. Structures for perennial or intermittent stream
channel crossings should be engineered using bridges or appropriately sized
culverts.
k. Design road crossings of streams to allow fish passage at all flows and to
minimize the generation of sediment.
I. Design road crossings of streams at right angles to all riparian corridors and
streams to minimize the area of disturbance.
m. Construct stream crossings "in the dry"to minimize sedimentation.
n. Protect culvert inlets from erosion and sedimentation and install energy
dissipation structures at outfalls.
o. Implement fugitive dust control measures.
p. Establish company guidelines to minimize wildlife mortality from vehicle
collisions on roads.
q. Coordinate employee transport, encourage carpooling or provide bus transport
to work sites.
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r. Prohibit or substantially limit the amount of traffic on lease roads in important
wildlife habitats within 3 hours of sunrise and sunset.
s. Install and use locked gates or other means to prevent unauthorized vehicular
travel on roads and facility rights-of-way.
t. Limit parking to already disturbed areas.
u. Use man camps to reduce travel related disturbance when the benefits outweigh
the disadvantages of developing human concentrations in wildlife habitats.
4. Develop and implement appropriate density caps or thresholds on wells sites,facilities
and infrastructure (see the species-specific well site density recommendations in this
document).
S. Maximize the utility of surface facilities by developing multiple wells from a single pad
(directional drilling), and by co-locating multipurpose facilities(for example, well pads
and compressors)to avoid unnecessary habitat fragmentation and disturbance of
additional geographic areas.
6. Minimize the number,size and distribution of well pads and locate pads along existing
roads where possible.
7. Cluster well pads in the least environmentally sensitive areas.
8. Consolidate and centralize fluid collection and distribution facilities.
9. Share/consolidate corridors for pipeline ROW's to the maximum extent possible.
10. Engineer pipelines to avoid field fitting and reduce excessive ROW widths and
reclamation.
11.Adequately size infrastructure and facilities to accommodate both current and future
gas production. Economize gas transportation.
C. AQUATIC and WETLAND ENVIRONMENT PROTECTION MEASURES: The purpose of these
measures is to avoid, minimize or mitigate disturbances to aquatic and wetland habitats and
the unique wildlife communities associated with these habitats.
1. Minimize activities and operations within 300 feet of the ordinary high water mark of any
reservoir, lake,wetland,or natural perennial or seasonally flowing stream or river.
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2. Schedule necessary construction in stream courses to avoid critical spawning times.
General spawning avoidance guidelines are found under Species Specific chapters in this
document.
3. Bore pipelines that cross perennial streams.
4. Use the minimum right-of-way width where pipelines cross riparian areas and streams.
5. Construct all crossings at right angles to the stream.
6. Do not remove native riparian canopy or stream bank vegetation where possible.
7. Avoid direct discharge of pipeline hydrostatic test water to any reservoir, lake,wetland,or
natural perennial or seasonally flowing stream or river.
8. Avoid dust suppression activities within 300 feet of the ordinary high water mark of any
reservoir, lake,wetland,or natural perennial or seasonally flowing stream or river.
9. Screen water suction hoses to exclude fish.
10.Disinfect heavy equipment, hand tools, boots and any other equipment that was
previously used in a river,stream, lake, pond, or wetland prior to moving the equipment•
to another water body. The disinfection practice should follow this outline:
a. Remove all mud and debris from equipment and spray/soak equipment with a 1:15
solution of disinfection solution containing the following ingredients:
i. Dialkyl dimethyl ammonium chloride, 5-10%by weight;
ii. Alkyl dimethyl benzyl ammonium chloride,5-10%by weight;
iii. Nonyl phenol ethoxylate, 5-10%by weight;
iv. Sodium sesquicarbonate, 1-5%;
v. Ethyl alcohol, 1-5%; and
vi. Tetrasodium ethylene diaminetetraacetate, 1-5%;
vii. and water, keeping the equipment moist for at least 10 minutes and managing
rinsate as a solid waste in accordance with local,county,state,or federal
regulations;or
b. Spray/soak equipment with water greater than 140 degrees Fahrenheit for at least
10 minutes.
c. Sanitize water suction hoses and water transportation tanks(using methods
described above)and discard rinse water at an appropriately permitted disposal
facility.
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D. DRILLING AND PRODUCTION OPERATIONS WILDLIFE PROTECTION MEASURES: The
purpose of these measures is to reduce disturbance on the actual drill site and the
surrounding area, to reduce direct conflict with wildlife and hunters, and to prevent wildlife
access to equipment.
1. Schedule construction, drilling, and completion activities to avoid particularly sensitive
seasonal wildlife habitats in consultation with CDOW.
2. Schedule construction, drilling, and completion activities to avoid seasons and locations
when public use of lands is at its highest(e.g., big game hunting seasons).
3. Reduce visits to well-sites through remote monitoring(i.e. SCADA) and the use of multi-
function contractors.
4. Use centralized hydraulic fracturing operations.
5. Transport water through centralized pipeline systems rather than by trucking.
6. Where possible, locate pipeline systems under existing roadways, or roadways that are
planned for development.
7. Maximize use of state-of-the-art drilling technology(e.g., high efficiency rigs,coiled-
tubing unit rigs,closed-loop or pitless drilling,etc.)to minimize disturbance.
8. Conduct well completions with drilling operations to limit the number of rig moves and
traffic.
9. Employ state-of-the-art technology to protect existing vegetation (e.g., use mats if
possible to preserve topsoil/vegetative root stock).
10. Install exclusionary devices to prevent bird and other wildlife access to equipment
stacks,vents and openings.
11.Ensure that surface discharged produced water meets minimum standards for Total
Dissolved Solids(TDS)and Sodium Adsorption Ratio (SAR)to benefit wildlife.
12. Reduce noise by using effective sound dampening devices or techniques(e.g., hospital-
grade mufflers,equipment housing, insulation,installation of sound barriers, earthen
berms,vegetative buffers, etc.). Appropriate noise limits are included in the species-
specific recommendations in included in this document.
13.Locate above-ground facilities to minimize the visual effect(e.g., low profile equipment,
appropriate paint color,vegetation screening in wooded areas, etc.).
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14. During pipeline installations install trench plugs, earthen ramps,or other means as
necessary to ensure that open pipeline trenches do not trap wildlife, and that pipe
strings to not impair wildlife movements.
E. FLUID PIT WILDUFE PROTECTION MEASURES: The purpose of these measures is to prevent
wildlife access to fluid pits and to reduce potential for contamination of water and soil by pit
contents.
1. Avoid locating fluid pits within 300 feet of the ordinary high water mark of any reservoir,
lake,wetland, or natural perennial or seasonally flowing stream or river.
2. Install and maintain adequate measures to exclude all types of wildlife (e.g., big game,
birds,and small rodents)from all fluid pits(e.g.,fencing, netting, and other appropriate
exclusion measures).
3. Construct fluid pit fences and nets that are capable of withstanding animal pressure and
environmental conditions and that are appropriately sized for the wildlife encountered.
4. Install impermeable barriers beneath fluid pits to protect groundwater, riparian areas
and wetlands.
5. Skim and eliminate oil from produced water ponds and fluid pits at a rate sufficient to
prevent oiling of birds or other wildlife that could gain access to the pit.
6. Construct fluid pits with a 4:1 escape ramp to allow entrapped wildlife to escape.
7. Treat waste water pits and/or any associated pit containing water with Bti (B.
thuringiensis v. lsraelensis), commonly known as Mosquito Dunks,to control mosquito
larvae that may spread West Nile Virus to wildlife or take other effective approaches to
controlling mosquito larvae in ponds and pits.
a. The appropriate application rate of Bti is 1 dunk/100 sq.ft.of standing water,
applied each 30 day period during 1 June—30 September.
F. INVASIVE/NON-NATIVE VEGETATION CONTROL: The purpose of these measures is to
ensure proper planning, assessment and control of weed infestations on all locations.
1. Develop an aggressive,integrated, noxious and invasive weed management plan. Utilize
an adaptive management strategy that permits effective responses to monitored
findings and reflects local site and geologic conditions. Use of dedicated personnel with
single responsibility for weed control is often the most effective approach.
2. Map the occurrence of existing weed infestations prior to development to effectively
monitor and target areas that will likely become issues after development.
3. Establish a systematic and thorough noxious and invasive monitoring program for all
disturbed areas and maintain monitoring records.
4. Continue control programs for the life of the well field.
5. Use reclamation as a weed management tool. Plant competition provided by
established reclamation is the most effective weed management tool.
6. Thoroughly clean vehicles and other equipment to remove weed seeds before moving
equipment to new sites.
7. Educate employees and contractors about noxious and invasive weed issues.
G. RESTORATION,RECLAMATION AND ABANDONMENT: The purpose of these measures is to
restore disturbed sites to their pre-development conditions, using native vegetation that can
be used by the indigenous wildlife. Develop a reclamation plan in consultation with CDOW,
NRC5, and the land owner or land management agency that incorporates wildlife species-
specific goals and that defines reclamation performance standards, including the following
components:
-1. Soil
a. Store topsoil in windrows no higher than 5 feet.
b. Strip and segregate topsoil prior to construction. Appropriately configure topsoil
piles and immediately seed to control erosion, prevent weed establishment and
maintain soil microbial activity.
c. Maintain separation between pit contents and soils.
d. Salvage topsoil from all road construction and other rights-of-way and re-apply
during interim and final reclamation.
e. Evaluate the utility of soil amendment application or consider importing topsoil to
achieve effective reclamation.
2. Seed
a. Use only certified weed-free native seed in seed mixes, unless use of non-native
plant materials is recommended by CDOW.
b. Test seed rigorously and frequently for purity,germination/viability,and the
presence of weeds.
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c. Use locally adapted seed whenever available,especially for species which have wide
geographic ranges and much genetic variation (e.g., big sagebrush (Artemesia
tridentata), antelope bitterbrush (Purshia tridentata), etc.).
d. Where more than one ecotype of a given species is available and potentially adapted
to the site, include more than one ecotype per species in the seed mix.
e. Use appropriately diverse reclamation seed mixes that mirror an appropriate
reference area for the site being reclaimed (see also species-specific
recommendations).
f. Conduct seeding in a manner that ensures that seedbed preparation and planting
techniques are targeted toward the varied needs of grasses,forbs and shrubs(e.g.,
seed forbs and shrubs separately from grasses, broadcast big sagebrush but drill
grasses, etc.).
g. Emphasize bunchgrass over sod-forming grasses in seed mixes in order to provide
more effective wildlife cover and to facilitate forb and shrub establishment.
h. Seed immediately after recontouring and spreading topsoil. Spread topsoil and •.
conduct seeding during optimal periods for seed germination and establishment.
Use of the same contractor for re-contouring land as used for seeding is often the
most effective approach.
i. Do not include aggressive, non-native grasses(e.g., intermediate wheatgrass,
pubescent wheatgrass, crested wheatgrass,smooth brome, etc.) in reclamation seed
mixes. Site specific exceptions may be considered.
J. Distribute quick germinating site adapted native seed or sterile non-native seed for
interim reclamation on cut and fill slopes and topsoil piles.
k. Plan for reclamation failure and be prepared to repeat seeding as necessary to meet
vegetation cover,composition,and diversity standards.
I. Consider reclaiming with tubelings/plantings where seed failure is likely or has
occurred.
3. Vegetative Cover Standard
a. Choose reference areas as goals for reclamation that have high wildlife value,with
attributes such a diverse and productive understory of vegetation, productive and
palatable shrubs, and a high prevalence of native species.
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b. Establish vegetation with total perennial non-invasive plant cover of at least eighty
(80)percent of pre-disturbance or reference area levels.
c. Establish vegetation with plant diversity of non-invasive species which is at least half
that of pre-disturbance or reference area levels. Quantify diversity of vegetation
using a metric that considers only species with at least 3 percent relative plant
cover.
d. Establish permanent and monumented photo points and vegetation measurement
plots or transects; monitor at least annually until plant cover, composition, and
diversity standards have been met.
e. Observe and maintain a performance standard for reclamation success
characterized by the establishment of a self-sustaining,vigorous,diverse, locally
appropriate plant community on the site,with a density sufficient to control erosion
and non-native plant invasion and diversity sufficient to allow for normal plant
community development.
4. Timing
<a Use early and effective reclamation techniques, including interim reclamation to . .
accelerate return of disturbed areas for use by wildlife.
b. Remove all unnecessary infrastructure.
c. Close and reclaim roads not necessary for development immediately, including
removing all bridges and culverts and recontouring/reclaiming all stream crossings.
d. Reclaim reserve pits as quickly as possible after drilling and ensure that pit contents
do not contaminate soil.
e. Remediate hydrocarbon spills on disturbed areas prior to reclamation.
f. Reclaim sites during optimum seasons(e.g. late fall/early winter or early spring).
g. Complete final reclamation activities so that seeding occurs during the first optimal
season following plugging and abandonment of oil and gas wells.
5. Interim reclamation
a. Use a variety of native grasses and forbs to establish effective,interim reclamation
on all disturbed areas(e.g., road shoulders and borrow areas),including disturbed
areas where additional future ground disturbance is expected to occur.
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b. Perform interim reclamation to final reclamation species composition and
establishment standards.
c. Perform "interim" reclamation on all disturbed areas not needed for active support
of production operations.
6. Riparian areas
a. Replace all riparian vegetation removed during development at a rate of at least 3:1.
b. Restore both form and function of impacted wetlands and riparian areas and
mitigate erosion.
7. Disposal
a. Remove well pad and road surface materials that are incompatible with post-
production land use and re-vegetation requirements.
b. Remove and properly dispose of degraded silt fencing and erosion control materials
after their utility has expired.
c. Remove and properly dispose of pit contents where contamination of surface-water,
groundwater, or soil by pit contents cannot be effectively prevented.
8. Establishing reclaimed areas
a. Apply certified weed free mulch and crimp or tacify to remain in place to reclaim
areas for seed preservation and moisture retention.
b. Utilize staked soil retention blankets for erosion control and reclamation of large
surface areas with 3:1 or steeper slopes. Avoid use of plastic blanket materials,
known to cause mortality of snakes.
c. Install cattle guards to regulate livestock pasture utilization;
d. Control weeds in areas surrounding reclamation areas in order to reduce weed
competition.
e. Educate employees and contractors about weed issues.
9. Fencing
a. Support development and implementation of portable wildlife-proof fencing that
could be used to protect vegetation during early stages of development then moved
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to another area. These should be implemented in areas where establishment of
browse species is a priority. Monitor production of browse in areas receiving
protection and compare to browse production in an adjacent area.
b. Fence livestock and/or wildlife out of newly reclaimed areas until reclamation
standards have been met and plants are capable of sustaining herbivory.
c. Inventory, monitor and remove obsolete, degraded, or hazardous fencing.
H. MONITORING: These measures assess the ecological condition of a disturbed area and
measure the success or failure of the reclamation effort as well as measuring effects of
development activities on other resources.
1. Conduct necessary reclamation and invasive plant monitoring.
2. Census and assess the utilization of the reclaimed areas by the target species.
3. Maintain pre and post development site Inspection records and monitor operations for
compliance.
4:. For.those surface waters supporting fisheries,establish baseline water chemistry prior
to development and establish a regular and repeated water chemistry monitoring and
reporting program for groundwater, surface waters, and produced water discharged on
the surface to detect and allow effective response to water quality issues that may
impact aquatic wildlife. Quantify levels of pH, alkalinity, specific conductance, major
cations/anions (including CI, FI,Sulphate,Sodium),total dissolved solids,
BTEX/GRO/DRO,TPH, PAH (including benzo(a) pyrene), and metals (including As, Ba, Ca,
Cd,Cr, Fe, Mg, Pb,Se), nitrate, nitrite,ammonia-N,turbidity, dissolved oxygen,
hydrogen sulfide,and water temperature.
5. Monitor soil chemistry and structure where CBM or other produced water is put to a
beneficial use (i.e., irrigation,water sources for wildlife, etc.).
6. Utilize GIS technologies to assess the extent of disturbance and document the
reclamation progression and the footprint of disturbances.
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M. RESEARCH:
These measures are suggested where questions or uncertainties exist about the degree of
impact to specific resources or other aspects of oil and gas development or reclamation is
unknown.
A. Collaborate and/or fund research investigation into the impacts of oil and gas development
activities on wildlife resources.
B. Support research to test the effectiveness of specific Best Management Practices.
C. Identify native species for which commercial seed sources are not available. Provide
support to contractors for developing cultivation and seed production techniques for
needed species.
D. Conduct reclamation field trials to match seed mixes,soil preparation techniques,and
planting methods to local conditions.
r .
13
APPENDIX A: SPECIES SPECIFIC RECOMMENDATIONS
These reasonable recommendations are derived from the best available science and represent
preferred management actions to protect wildlife and wildlife habitats where oil and gas
development is occurring.
BAT ROOST SITES
• Consult with CDOW regarding locations of known bat roost sites.
• Avoid surface disturbance activities within 0.25 mile of all Townsend's Big-Eared Bat,
Fringed Myotis,and Brazilian Free-Tailed Bat roost sites.
BIGHORN SHEEP
• Consult with CDOW regarding big game seasonal restrictions on wintering or production
areas.
• Avoid surface disturbance and construction activities on or within any bighorn sheep
production or wintering areas.
• Where oil and gas activities must occur in bighorn sheep production areas,avoid
conducting these activities from April 15 to June 30 for Rocky Mountain Bighorn Sheep
and from February 28 to May 1 for Desert Bighorn Sheep.
• Where oil and gas activities must occur in bighorn sheep winter range,avoid conducting
these activities from November 1 through April 15.
• Avoid low elevation (below 500 feet altitude) helicopter overflights within 1 mile radius
of bighom sheep winter range between November 1 and April 15.
• Avoid low elevation (below 500 feet altitude) helicopter overflights within 1 mile radius
of bighorn sheep production areas from April 15 to June 30 for Rocky Mountain Bighorn
Sheep and from February 28 to May 1 for Desert Bighorn Sheep.
• Avoid surface facility density in excess of 10 well pads per 10-square mile area (one well
pad per section)in bighorn sheep winter range and production areas.
• When surface density of oil and gas facilities exceeds 1 well pad/section, initiate a
Comprehensive Development Plan (CDP)that includes recommendations for off-site and
compensatory mitigation actions.
• Gate single-purpose roads to reduce traffic disruptions to wildlife.
• Close and immediately reclaim all roads that are redundant, not used regularly,or have
been abandoned to the maximum extent possible to minimize disturbance and habitat
fragmentation.
• Identify critical habitat types and adjust development sites to avoid these areas.
• Restrict post-development well site visitations to the hours of 10:00 a.m.to 3:00 p.m.
and reduce well site visitations during winter months.
BLACK BEAR
• Identify, avoid and protect climax mast producing vegetation that annually provides a
significant source of fall forage for black bear,especially those areas that can be
identified as being consistently frost-free and that provide mast when unfavorable
conditions exist elsewhere.
14
• Initiate a food and waste/refuse management program that uses bear-proof food
storage containers and trash receptacles.
• Initiate an education program that reduces bear conflicts.
• Establish policy to prohibit keeping food and trash in sleeping quarters.
• Establish policy to support enforcement of state prohibition on feeding of black bear.
• Report bear conflicts immediately to CDOW.
BLACK-FOOTED FERRET
• Place surface facilities outside of prairie dog colonies in the Wolf Creek Management
Area,the Coyote Basin Management Area,and the valley bisected by Highway 40
running from the Utah/Colorado border to the town of Dinosaur.
• Avoid oil and gas activities in prairie dog colonies where documented sightings of black-
footed ferrets have occurred since 2005.
• Avoid surface disturbances between March 1 and July 15,with special attention to the
period between May 1 and July 15, in prairie dog colonies where black-footed ferrets
have been released or documented since 2001.
• Conduct seismic activity outside the period from March 1 to July 15 in prairie dog
colonies where black-footed ferrets have been released or where black-footed ferret
occurrence has been documented since 2001.
• Limit seismic activity to daylight hours in these colonies.
• Limit development of new roads within Wolf Creek Management Area and Coyote Basin
Management Area.
• Gate single-purpose roads and restrict general public access to reduce traffic disruptions
to wildlife.
• Close and immediately reclaim all roads that are redundant, not used regularly,or have
been abandoned to the maximum extent possible to minimize disturbance and habitat
fragmentation.
• Establish company guidelines to minimize wildlife mortality from vehicle collisions on
roads.
• Promptly reclaim disturbed areas within prairie dog colonies within the Wolf Creek
Management Area,the Coyote Basin Management Area, and the valley bisected by
Highway 40 running from the Utah/Colorado border to the town of Dinosaur,CO with
native grasses and forbs appropriate to the ecological site.
• Aggressively control non-native and invasive weeds, particularly cheatgrass, in
reclamation areas within the Wolf Creek Management Area,the Coyote Basin
Management Area, and the valley bisected by Highway 40 running from the
Utah/Colorado border to the town of Dinosaur, CO.
• Survey for black-footed ferret when impacting prairie dog colonies unless the site is less
than 80 acres in size for black-tailed prairie dogs,less than 200 acres in size for white-
tailed prairie dogs or Gunnison's prairie dogs,or within a designated block-cleared area.
15
COLUMBIAN SHARP-TAILED GROUSE
• Consult with CDOW at the earliest stage of development to review detailed maps of
Columbian sharp-tailed grouse seasonal habitats and to help select development sites.
• Conduct comprehensive development planning that provides a clear point of reference
in evaluating, avoiding,and mitigating large scale and cumulative impacts.
• No surface occupancy within 0.4 mile of any known Columbian sharp-tailed grouse lek.
• Avoid oil and gas operations within 1.25 miles of any known Columbian sharp-tailed
grouse lek, and within mapped Columbian sharp-tailed grouse breeding, summer,and
winter habitat outside the 1.25 mile buffer. Select sites for development that will not
disturb suitable nest cover or brood-rearing habitats within 1.25 miles of an active lek,
or within identified nesting and brood-rearing habitats outside the 1.25 mile perimeter.
• Where oil and gas activities must occur within 1.25 miles of Columbian sharp-tailed
grouse leks or within other mapped Columbian sharp-tailed grouse breeding or summer
habitat,conduct these activities outside the period between March 15 and July 30.
• Where oil and gas activities must occur within mapped Columbian sharp-tailed grouse
winter habitat, conduct these activities outside the period between December 1 and
March 15.
• Restrict well site visitations to portions of the day between 9:00 a.m. and 4:00 p.m.
during the lekking season (March 1 to June 1).
• Establish company guidelines to minimize wildlife mortality from vehicle collisions on •
roads.
• Avoid surface facility density in excess of 10 well pads per 10-square mile area (one well
pad per section)in Columbian sharp-tailed grouse breeding and summer habitat (within
1.25 miles of active leks).
• When surface density of oil and gas facilities exceeds 1 well pad/section, initiate a
Comprehensive Development Plan (CDP)that includes recommendations for off-site and
compensatory mitigation actions.
• Phase and concentrate all development activities,so that large areas of undisturbed
habitat for wildlife remain and thorough reclamation occurs immediately after
development and before moving to new sites. Development should progress at a pace
commensurate with reclamation success.
• Retain core habitat areas and limit disturbance to ensure Columbian sharp-tailed grouse
survival.
• Implement the species appropriate Infrastructure Layout and Drilling and Production
Operations Wildlife Protection Measures found in Section II B. and Section II D.of this
document.
• Minimize surface disturbance and fragmentation of Columbian sharp-tailed grouse
habitat through use of the smallest facility footprints possible, use of multiple well pads,
clustering of roads and pipelines, and the widest possible spacing of surface facilities.
• When compressor stations must be sited within 1.25 miles of Columbian sharp-tailed
grouse active and inactive (within last 10 years) lek sites, locate compressor stations no
closer than 2500 feet from the lek.
16
• Use noise reduction equipment on compressors and other development and production
equipment.
• Use topographical features to provide visual concealment of facilities from known lek
locations and as a noise suppressant.
• Muffle or otherwise control exhaust noise from pump jacks and compressors so that
operational noise will not exceed 49 dB measured at 30 feet from the source.
• Design tanks and other facilities with structures such that they do not provide perches
or nest substrates for raptors,crows and ravens.
• Install raptor perch deterrents on equipment,fences, cross arms and pole tops in
Columbian sharp-tailed grouse habitat.
• Utilize a central generator to feed the entire field via underground electrical lines.
• Where feasible, bury new power lines and retrofit existing power lines by burying them
or installing perch guards to prevent their use as raptor perches.
• Design wastewater pits to minimize retention of stagnant surface water.
• Treat waste water pits and any associated pit containing water that provides a medium
for breeding mosquitos with Bti (Bacillus thuringiensis v. israelensis)or take other
effective action to control mosquito larvae that may spread West Nile Virus to wildlife,
especially grouse.
• In consultation with CDOW, replace any permanently impacted,disturbed,or altered
Columbian sharp-tailed grouse seasonal habitats by enhancing marginal sagebrush
steppe communities (sagebrush and mountain shrub) and grassland within or
immediately adjacent to mapped seasonal Columbian sharp-tailed grouse habitat. •
• Implement the species appropriate reclamation guidelines found in Section II G. of this .
document.
• Use early and effective reclamation techniques, including an aggressive interim
reclamation program to return habitat to use by Columbian sharp-tailed grouse as
quickly as possible.
• Reclaim/restore Columbian sharp-tailed grouse habitats with native grasses and forbs
conducive to optimal Columbian sharp-tailed grouse habitat and other wildlife
appropriate to the ecological site.
• Use high diversity(10 species or more) reclamation seed mixes in Columbian sharp-
tailed grouse habitat.
• Use approved CP-4D(Columbian sharp-tailed grouse)seed mixes, based on soil type,
available from Farm Service Agency or Natural Resources Conservation Service, or other
seed mixes approved by CDOW.
• Avoid aggressive non-native grasses in Columbian Sharp-tailed Grouse habitat
reclamation.
• A small percentage of the appropriate species of big sagebrush should be re-seeded on
disturbed sites.
• Reclamation of breeding habitat should include a substantially higher percentage of
forbs than other areas.
• Native and select non-native forbs and legumes should be considered a vital component
of reclamation seed mixes.
17
CUTTHROAT TROUT
• No surface disturbance within 300 feet of any water within a Designated Cutthroat
Trout Habitat watershed.
• Avoid surface facility density in excess of 10 well pads per 10-square mile area (one well
pad per section) in Designated Cutthroat Trout Habitat watersheds.
• When surface density of oil and gas facilities exceeds 1 well pad/section, initiate a
Comprehensive Development Plan (CDP)that includes recommendations for off-site and
compensatory mitigation actions.
• Bridge stream crossings or use culverts to prevent stream bed damages and the transfer
of disease organisms.
• Minimize stream disturbances during June and July to avoid impacts to spawning
cutthroat trout.
• When working in designated cutthroat trout habitat,disinfect heavy equipment, hand
tools, boots and any other equipment that was previously used in a river,stream, lake,
pond,or wetland prior to moving the equipment to another water body. The
disinfection practice should follow this outline:
o Remove all mud and debris from equipment and spray/soak equipment with a
1:15 solution of disinfection solution containing the following ingredients:
• Dialkyl dimethyl ammonium chloride, 5-10%by weight;
• Alkyl dimethyl.benzyl ammonium chloride, 5-10%by weight;
• Nonyl phenol ethoxylate, 5-10%by weight;
• Sodium sesquicarbonate, 1-5%;
• Ethyl alcohol, 1-5%; and
• Tetrasodium ethylene diaminetetraacetate, 1-5%
• and water, keeping the equipment moist for at least 10 minutes and
managing rinsate as a solid waste in accordance with local, county, state,
or federal regulations;or
o Spray/soak equipment with water greater than 140 degrees Fahrenheit for at
least 10 minutes.
o Sanitize water suction hoses and water transportation tanks(using methods
described above) and discard rinse water at an appropriately permitted disposal
facility.
DEER AND ELK
• Consult with CDOW at the earliest stage of development to identify the locations of
mule deer and elk important wintering habitats and production areas. Adjust
development sites to avoid critical habitat patches.
• Conduct comprehensive development planning that provides a clear point of reference
in evaluating,avoiding,and mitigating large scale and cumulative impacts.
• Avoid oil and gas activities within mule deer critical winter range,elk winter
concentration areas, elk production areas,and migration corridors.
18
• Where oil and gas activities must occur in mule deer critical winter range or elk winter
concentration areas,conduct these activities outside the time period from December 1
through April 15.
• Where oil and gas activities must occur in elk production areas, conduct these activities
outside the time period from May 15 through June 30.
• Restrict post-development well site visitations to between the hours of 10:00 a.m. and
3:00 p.m. and reduce well site visitations between December 1 and April 15 in mule
deer and elk winter range.
• Establish company guidelines to minimize wildlife mortality from vehicle collisions on
roads.
• Avoid surface facility density in excess of 10 well pads per 10-square mile area (one well
pad per section) in mule deer and elk winter range and in elk production areas.
• When surface density of oil and gas facilities exceeds 1 well pad/section, initiate a
Comprehensive Development Plan (CDP)that includes recommendations for off-site and
compensatory mitigation actions.
• Phase and concentrate all development activities,so that large areas of undisturbed
habitat for wildlife remain and thorough reclamation occurs immediately after
development and before moving to new sites. Development should progress at a pace
commensurate with reclamation success.
• • Implement the species appropriate Infrastructure Layout and Drilling and Production ,
Operations Wildlife Protection Measures found in Section II B. and Section II D.of this' ' •••
document.
• Identify critical habitat types and patches and adjust development sites to avoid these
areas.
• Prior to development, establish baseline vegetation condition and inventory and to
provide a basis for post-development habitat restoration.
• Gate single-purpose roads and restrict general public access to reduce traffic disruptions
to wildlife.
• Close and immediately reclaim all roads that are redundant, not used regularly, or have
been abandoned to the maximum extent possible to minimize disturbance and habitat
fragmentation.
• Implement the species appropriate reclamation guidelines found in Section II G. of this
document.
• Avoid aggressive non-native grasses and shrubs in mule deer and elk habitat
restoration.
• Reclaim mule deer and elk habitats with native shrubs, grasses, and forbs appropriate to
the ecological site disturbed.
• Restore appropriate sagebrush species or subspecies on disturbed sagebrush sites. Use
locally collected seed for reseeding where possible.
GREATER PRAIRIE CHICKEN
19
• Consult with CDOW at the earliest stage of development to review detailed maps of
greater prairie chicken seasonal habitats and to help select development sites.
• Conduct comprehensive development planning that provides a clear point of reference
in evaluating, avoiding,and mitigating large scale and cumulative impacts.
• No surface occupancy within 0.6 mile of any active or inactive (within past 10 years)
greater prairie chicken leks.
• Avoid oil and gas operations within 2.2 miles of active leks and within greater prairie
chicken nesting and early brood-rearing habitat outside the 2.2 mile buffer. Select sites
for development that will not disturb suitable nest cover or brood-rearing habitats
within 2.2 miles of an active lek, or within identified nesting and brood-rearing habitats
outside the 2.2 mile perimeter.
• Where oil and gas activities must occur within 2.2 miles of active leks,conduct these
activities outside the period between March 1 and June 30.
• Restrict well site visitations to portions of the day between 9:00 a.m.and 4:00 p.m.during the
lekking season(March 1 to May 15).
• Establish company guidelines to minimize wildlife mortality from vehicle collisions on
roads.
• Avoid surface facility density in excess of 10 well pads per 10-square mile area (one well
pad per section) in greater prairie chicken nesting and early brood-rearing habitat
•:, (within 2.2 miles of active leks).
• . When surface density of oil and gas facilities exceeds 1 well pad/section,initiate a • •
Comprehensive Development Plan (CDP)that includes recommendations for off-site and
compensatory mitigation actions.
• Phase and concentrate all development activities,so that large areas of undisturbed
habitat for wildlife remain and thorough reclamation occurs immediately after
development and before moving to new sites. Development should progress at a pace
commensurate with reclamation success.
• Implement the species appropriate Infrastructure Layout and Drilling and Production
Operations Wildlife Protection Measures found in Section II B.and Section II D.of this
document.
• Locate compressor stations at least 2.2 miles away from greater prairie chicken active
and historic(within last 10 years) lek sites. When compressor stations must be sited
within 2.2 miles of greater prairie chicken active and historic(within last 10 years)lek
sites, locate compressor stations farther than 0.6 mile (3200 feet)from greater prairie
chicken lek sites.
• Use topographical features to provide visual concealment of facilities from known lek
locations and as a noise suppressant.
• Muffle or otherwise control exhaust noise from pump jacks and compressors so that
operational noise will not exceed 49 dB measured at 30 feet from the source.
• Utilize a central generator to feed the entire field via underground electrical lines.
• Design tanks and other facilities with structures such that they do not provide perches
or nest substrates for raptors,crows and ravens.
20
• Install raptor perch deterrents on equipment,fences,cross arms and pole tops in
greater prairie-chicken habitat.
• Bury new power lines and retrofit existing power lines by burying them or installing
perch guards to prevent their use as raptor perches.
• Design wastewater pits to minimize retention of stagnant surface water.
• Treat waste water pits and any associated pit containing water that provides a medium
for breeding mosquitos with Bti (Bacillus thuringiensis v. israelensis) or take other
effective action to control mosquito larvae that may spread West Nile Virus to wildlife,
especially grouse.
• In consultation with CDOW, replace any permanently impacted, disturbed,or altered
sand sagebrush habitat within identified nesting and brood rearing range through
enhancement of existing or marginal sand sagebrush habitat or reclamation of altered
or converted habitat within or immediately adjacent to mapped nesting or brood
rearing habitat.
• Implement the species appropriate reclamation guidelines found in Section II G.of this
document.
• Use early and effective reclamation techniques, including an aggressive interim
reclamation program,to return habitat to use by greater prairie-chicken as quickly as
possible.
• Restore greater prairie chicken habitat with native grasses and forbs conducive to
optimal greater prairie chicken habitat and other wildlife appropriate to the ecological
. . site.
• Use one of several approved CP-4D(greater prairie chicken)seed mixes, based on soil
type, available from Farm Service Agency or Natural Resources Conservation Service,or
other seed mixes approved by CDOW.
• Do not plant buffalo grass, blue grama and sideoats grama in greater prairie chicken
habitat as they will eventually dominate the resulting stand and will not provide greater
prairie chicken habitat.
• Restore appropriate native shrub species to disturbed sites.
• Do not use non-native grasses or shrubs in greater prairie chicken habitat reclamation.
• Reclamation of breeding habitat should include a substantially higher percentage of
forbs than other areas.
• Utilize native and select non-native forbs and legumes in seed mixes as they are a vital
component of brood-rearing habitat. Dryland adapted varieties of alfalfa and yellow
sweet clover should be the primary non-native forbs used.
GUNNISON AND GREATER SAGE-GROUSE
• Consult with CDOW at the earliest stage of development to review detailed maps of
Gunnison or greater sage-grouse seasonal habitats and to help select development sites.
• Identify seasonal habitats and migratory patterns of sage-grouse. Map all seasonal
habitats using CDOW habitat selection models as they become available.
• Conduct comprehensive development planning that provides a clear point of reference
in evaluating, avoiding, and mitigating large scale and cumulative impacts.
21
• No surface occupancy within 0.6 mile of any known Gunnison or greater sage-grouse
lek.
• Avoid oil and gas operations within 4 miles of any known Gunnison or greater sage-
grouse lek,and within mapped Gunnison or greater sage-grouse breeding,summer, and
winter habitat outside the 4 mile buffer. Select sites for development that will not
disturb suitable nest cover or brood-rearing habitats within 4 miles of an active lek,or
within identified nesting and brood-rearing habitats outside the 4-mile perimeter.
• Where oil and gas activities must occur within 4 miles of Gunnison or greater sage-
grouse leks or within other mapped Gunnison or greater sage-grouse breeding or
summer habitat, conduct these activities outside the period between March 1 and June
30.
• Where oil and gas activities must occur within mapped Gunnison or greater sage-grouse
winter habitat,conduct these activities outside the period between December 1 and
March 15.
• Restrict well site visitations to portions of the day between 9:00 a.m. and 4:00 p.m.
during the lekking season (March 1 to May 15).
• Establish company guidelines to minimize wildlife mortality from vehicle collisions on
roads.
• Avoid surface facility density in excess of 10 well pads per 10-square mile area (one well
: pad per section) in Gunnison or greater sage-grouse breeding and summer habitat
(within 4 miles of active leks).
• When surface density of oil and gas facilities exceeds 1 well pad/section, initiate a
Comprehensive Development Plan (CDP)that includes recommendations for off-site and
compensatory mitigation actions.
• Phase and concentrate all development activities,so that large areas of undisturbed
habitat for wildlife remain and thorough reclamation occurs immediately after
development and before moving to new sites. Development should progress at a pace
commensurate with reclamation success.
• Avoid core areas as outlined in the Greater Sage-Grouse Statewide Plan,available from
CDOW to ensure sage-grouse persistence and retain Gunnison sage-grouse core areas to
ensure Gunnison sage-grouse persistence
• Implement the species appropriate Infrastructure Layout and Drilling and Production
Operations Wildlife Protection Measures found in Section II B. and Section II D. of this
document.
• Minimize surface disturbance and fragmentation of Gunnison or greater sage-grouse
habitat through use of the smallest facility footprints possible, use of multiple well pads,
clustering of roads and pipelines,and the widest possible spacing of surface facilities.
• Locate facilities in vegetation types other than sagebrush to avoid Impacts to sage-
grouse breeding and wintering habitat.
• Use drill mats to prevent habitat loss or disturbance and reduce reclamation costs.
• When compressor stations must be sited within 4 miles of Gunnison or greater sage-
grouse active and inactive (within last 10 years) lek sites, locate compressor stations
22
farther than 0.6 mile(3200 feet)from sage-grouse lek sites. Use noise reduction
equipment on compressors and other development and production equipment.
• Use topographical features to provide visual concealment of facilities from known lek
locations and as a noise suppressant.
• Muffle or otherwise control exhaust noise from pump jacks and compressors so that
operational noise will not exceed 49 dB measured at 30 feet from the source.
• Design tanks and other facilities with structures such that they do not provide perches
or nest substrates for raptors,crows and ravens.
• Install raptor perch deterrents on equipment,fences,cross arms and pole tops in
Gunnison or greater sage-grouse habitat.
• Remove all unnecessary infrastructure.
• Utilize a central generator to feed the entire field via underground electrical lines.
• Where feasible, bury new power lines and retrofit existing power lines by burying them
or installing perch guards to prevent their use as raptor perches.
• Design wastewater pits to minimize retention of stagnant surface water.
• Treat waste water pits and any associated pit containing water that provides a medium
for breeding mosquitos with Bti (Bacillus thuringlensls v. israelensis)or take other
effective action to control mosquito larvae that may spread West Nile Virus to wildlife,
especially grouse.
' • In consultation with CDOW,replace any permanently impacted, disturbed,or altered
• Gunnison or greater sage-grouse seasonal habitats by enhancing marginal sagebrush •
steppe communities (big sagebrush and related communities)and grasslands within or
immediately adjacent to mapped seasonal Gunnison or greater sage-grouse habitat.
• Implement the species appropriate reclamation guidelines found in Section II G. of this
document.
• Use early and effective reclamation techniques, including an aggressive interim
reclamation program,to return habitat to use by Gunnison or greater sage-grouse as
quickly as possible.
• Reclaim/restore Gunnison or greater sage-grouse habitats with native grasses,forbs,
and shrubs conducive to optimal Gunnison or greater sage-grouse habitat and other
wildlife appropriate to the ecological site.
• Use high diversity(10 species or more)reclamation seed mixes in Gunnison or greater
sage-grouse habitat.
• Use approved CP-4D (Gunnison or greater sage-grouse)seed mixes, based on soil type,
precipitation,and elevation, available from Farm Service Agency or Natural Resources
Conservation Service,or other seed mixes approved by CDOW.
• Avoid aggressive non-native grasses In Gunnison or greater sage-grouse habitat
reclamation.
• Restore disturbed sagebrush sites with the appropriate sagebrush species or subspecies
on disturbed sagebrush sites. Use locally collected seed for reseeding where possible.
• Reclaim mapped summer habitat with a substantially higher percentage of forbs(>15
percent cover post establishment)than used in other areas.
23
• Utilize native and select non-native forbs and legumes in seed mixes as they are a vital
component of brood-rearing habitat.
KIT FOX
• Survey for kit fox den sites in appropriate habitats before development and avoid
surface disturbance within 0.25 mile of den sites while young are den dependent(Feb 1
to May 1).
• Gate single-purpose roads and restrict general public access to reduce traffic disruptions
to wildlife.
• Close and immediately reclaim all roads that are redundant, not used regularly,or have
been abandoned to the maximum extent possible to minimize disturbance and habitat
fragmentation.
• Establish company guidelines to minimize wildlife mortality from vehicle collisions on
roads.
• Utilize native vegetation for reclamation within kit fox overall range.
• Restrict use of pesticides for rodent control in kit fox overall range to prevent reduction
of kit fox food supplies and secondary toxicity.
• Limit or restrict artificial water sources within kit fox overall range to prevent the spread
of competitive predators into kit fox habitat.
LEAST TERN . •
• No surface occupancy within 300 feet of the high water mark of mapped least tern
nesting habitat usually occurring on bare sandy shorelines of reservoirs, islands in
reservoirs,or sand bars along major rivers in eastern Colorado.
• No surface disturbance to least tern foraging areas during the nesting season (April 1 to
July 31)to include shallow water areas in lakes, ponds, and river backwater areas within
0.5 mile of known least tern production areas.
LESSER PRAIRIE CHICKEN
• Consult with CDOW at the earliest stage of development to review detailed maps of
lesser prairie chicken seasonal habitats and to help select development sites.
• Conduct comprehensive development planning that provides a clear point of reference
in evaluating, avoiding, and mitigating large scale and cumulative impacts.
• No surface occupancy within 0.6 mile of any active or inactive(within past 10 years)
lesser prairie chicken leks.
• Avoid oil and gas operations within 2.2 miles of active leks and within lesser prairie
chicken nesting and early brood-rearing habitat outside the 2.2 mile buffer. Select sites
for development that will not disturb suitable nest cover or brood-rearing habitats
within 2.2 miles of an active lek, or within identified nesting and brood-rearing habitats
outside the 2.2 mile perimeter.
• Where oil and gas activities must occur within 2.2 miles of active leks,conduct these
activities outside the period between March 15 and June 15.
24
• Restrict well site visitations to portions of the day between 9:00 a.m. and 4:00 p.m.
during the lekking season (March 15 to June 15).
• Establish company guidelines to minimize wildlife mortality from vehicle collisions on
roads.
• Avoid surface facility density in excess of 30 well pads per 10-square mile area (one well
pad per section) in lesser prairie chicken nesting and early brood-rearing habitat(within
2.2 miles of active leks).
• When surface density of oil and gas facilities exceeds 1 well pad/section, initiate a
Comprehensive Development Plan (CDP)that includes recommendations for off-site and
compensatory mitigation actions.
• Phase and concentrate all development activities,so that large areas of undisturbed
habitat for wildlife remain and thorough reclamation occurs immediately after
development and before moving to new sites. Development should progress at a pace
commensurate with reclamation success.
• Implement the species appropriate Infrastructure Layout and Drilling and Production
Operations Wildlife Protection Measures found in Section II B. and Section II D.of this
document.
• Locate compressor stations at least 2.2 miles away from lesser prairie chicken active and
historic(within last 10 years) lek sites. When compressor stations must be sited within
2.2 miles of lesser prairie chicken active and historic(within last 10 years) lek sites,
locate compressor stations farther,than 0.6 mile(3200 feet)from lesser prairie chicken
lek sites.
• Use topographical features to provide visual.concealment of facilities from known lek
locations and as a noise suppressant.
• Muffle or otherwise control exhaust noise from pump jacks and compressors so that
operational noise will not exceed 49 dB measured at 30 feet from the source.
• Utilize a central generator to feed the entire field via underground electrical lines.
• Design tanks and other facilities with structures such that they do not provide perches
or nest substrates for raptors, crows and ravens.
• Install raptor perch deterrents on equipment,fences,cross arms and pole tops in lesser
prairie-chicken habitat.
• Bury new power lines and retrofit existing power lines by burying them or installing
perch guards to prevent their use as raptor perches.
• Design wastewater pits to minimize retention of stagnant surface water.
• Treat waste water pits and any associated pit containing water that provides a medium
for breeding mosquitos with Bti(Bacillus thuringiensis v. israelensis)or take other
effective action to control mosquito larvae that may spread West Nile Virus to wildlife,
especially grouse.
• Use early and effective reclamation techniques, including an aggressive interim
reclamation program to return habitat to use by lesser prairie-chicken as quickly as
possible.
• In consultation with CDOW, replace any permanently impacted,disturbed, or altered
sand sagebrush habitat within Identified nesting and brood rearing range through
25
enhancement of existing or marginal sand sagebrush habitat or reclamation of altered
or converted habitat within or immediately adjacent to mapped nesting or brood
rearing habitat.
• Implement the species appropriate reclamation guidelines found in Section II G. of this
document.
• When reclaiming breeding habitat, include a substantially higher percentage of forbs
than used in other areas.
• Reclaim lesser prairie chicken habitats with native grasses including switchgrass,big
bluestem, little bluestem, sand bluestem,yellow Indian grass, and prairie sandreed.
• Do not plant buffalo grass, blue grama and sideoats grama in lesser prairie chicken
habitat as they will eventually dominate the resulting stand and will not provide lesser
prairie chicken habitat.
• Restore appropriate native shrub species to disturbed sites.
• Do not use aggressive non-native grasses or shrubs in lesser prairie chicken habitat
reclamation.
• Utilize native and select non-native forbs and legumes in seed mixes as they are a vital
component of brood-rearing habitat. Dryland adapted varieties of alfalfa and yellow
sweet clover should be the primary non-native forb species used.
LYNX •
• .Consult•with DOW regarding lynx use of the development area.
• Avoid locating facilities within lynx breeding habitat(spruce-fir forest south of Interstate
70 above 9,000 feet in elevation and with slopes greater than 25%).
• Prior to development,establish baseline vegetation condition and inventory and to
provide a basis for post-development habitat restoration.
• Identify,avoid, and protect vegetation used by snowshoe hare.
• Apply stipulations during programmatic planning stage for oil and gas that limit
occupancy,control surface use or control timing of activities in lynx habitats.
• On projects where over-the-snow access is required, restrict use to designated routes.
• Minimize snow compaction when authorizing and monitoring developments.
• Utilize remote monitoring of sites that are located in lynx habitat,to reduce disturbance
from well visitation.
• Restrict public access on single purpose roads during project activities.
• Close and immediately reclaim all roads that are redundant, not used regularly, or have
been abandoned to the maximum extent possible to minimize disturbance and habitat
fragmentation.
• Report all lynx sightings to DOW.
• Establish company guidelines to minimize wildlife mortality from vehicle collisions on
roads.
• Minimize traffic in occupied lynx habitat between 3:00 p.m. and 7:00 a.m.
• Reclaim newly constructed pipelines immediately following construction and do not
allow any motorized vehicles access to pipeline(i.e.,. install barriers, boulders etc).
26
• Encourage developers to pipe produced water to a central site for transport, in order to
reduce truck traffic to each well pad site.
• Minimize upgrading of roads used to access oil/gas developments or transmission
pipelines in lynx habitat or linkage areas.
• Develop a reclamation plan (e.g. road reclamation and vegetation rehabilitation)for
abandoned well sites to restore suitable habitat for lynx.
MOUNTAIN PLOVER
• Survey suitable nesting habitat within the known range of mountain plover that is
proposed for development during the appropriate season. Flag active nests and apply
the seasonal restriction described below.
• No surface occupancy within 300 feet of active mountain plover nest sites until young
are hatched and independent of nest.
PIPING PLOVER
• No surface occupancy within 300 feet of the high water mark of mapped piping plover
nesting habitat usually occurring on sandy open shorelines of reservoirs and lakes,or
islands in reservoirs or lakes in eastern Colorado.
• No surface disturbance to piping plover foraging areas during the nesting season (April 1
to July 31)to include shallow water areas along exposed beach substrates associated
with lakes,ponds;and beaches;and dry, barren sandbars along backwater river areas: •
• with abundant macro-invertebrate and insect populations within 0.5.mile oficnown' .
piping plover production areas.
PLAINS SHARP-TAILED GROUSE
• Consult with CDOW at the earliest stage of development to review detailed maps of
plains sharp-tailed grouse seasonal habitats and to help select development sites.
• Conduct comprehensive development planning that provides a clear point of reference
in evaluating,avoiding,and mitigating large scale and cumulative impacts.
• No surface occupancy within 0.4 mile of any known plains sharp-tailed grouse lek.
• Avoid oil and gas operations within 1.25 miles of any known plains sharp-tailed grouse
lek, and within mapped plains sharp-tailed grouse breeding or summer habitat outside
the 1.25 mile buffer. Select sites for development that will not disturb suitable nest
cover or brood-rearing habitats within 1.25 miles of an active lek,or within identified
nesting and brood-rearing habitats outside the 1.25 mile perimeter.
• Where oil and gas activities must occur within 1.25 miles of plains sharp-tailed grouse
leks or within other mapped plains sharp-tailed grouse breeding or summer habitat,
conduct these activities outside the period between March 1 and June 30.
• Restrict well site visitations to portions of the day between 9:00 a.m.and 4:00 p.m.
during the lekking season (March 1 to June 1).
• Establish company guidelines to minimize wildlife mortality from vehicle collisions on
roads.
27
• Avoid surface facility density in excess of 10 well pads per 10-square mile area (one well
pad per section) in plains sharp-tailed grouse breeding and summer habitat (within 1.25
miles of active leks).
• When surface density of oil and gas facilities exceeds 1 well pad/section, initiate a
Comprehensive Development Plan (COP)that includes recommendations for off-site and
compensatory mitigation actions.
• Phase and concentrate all development activities,so that large areas of undisturbed
habitat for wildlife remain and thorough reclamation occurs immediately after
development and before moving to new sites. Development should progress at a pace
commensurate with reclamation success.
• Retain core habitat areas and limit disturbance to ensure plains sharp-tailed grouse
survival.
• Implement the species appropriate Infrastructure Layout and Drilling and Production
Operations Wildlife Protection Measures found in Section II B. and Section II D. of this
document.
• Minimize surface disturbance and fragmentation of plains sharp-tailed grouse habitat
through use of the smallest facility footprints possible, use of multiple well pads,
clustering of roads and pipelines, and the widest possible spacing of surface facilities.
• When compressor stations must be sited within 1.25 miles of plains sharp-tailed grouse
. :active and inactive (within last 10 years) lek sites, locate compressor stations nocloser
r,.. than 2500 feet from the lek.
., • Use noise reduction equipment on compressors and other development and production-
equipment.
• Use topographical features to provide visual concealment of facilities from known lek
locations and as a noise suppressant.
• Muffle or otherwise control exhaust noise from pump jacks and compressors so that
operational noise will not exceed 49 dB measured at 30 feet from the source.
• Design tanks and other facilities with structures such that they do not provide perches
or nest substrates for raptors, crows and ravens.
• Install raptor perch deterrents on equipment,fences,cross arms and pole tops in plains
sharp-tailed grouse habitat.
• Utilize a central generator to feed the entire field via underground electrical lines.
• Bury new power lines and retrofit existing power lines by burying them or installing
perch guards to prevent their use as raptor perches.
• Design wastewater pits to minimize retention of stagnant surface water.
• Treat waste water pits and any associated pit containing water that provides a medium
for breeding mosquitos with Bti(Bacillus thuringiensis v. israelensis)or take other
effective action to control mosquito larvae that may spread West Nile Virus to wildlife,
especially grouse.
• In consultation with CDOW, replace any permanently impacted,disturbed,or altered
plains sharp-tailed grouse habitat within identified nesting and brood rearing range
through enhancement of existing or marginal plains sharp-tailed grouse habitat or
28
reclamation of altered or converted habitat within or immediately adjacent to mapped
nesting or brood rearing habitat.
• Implement the species appropriate reclamation guidelines found in Section II G.of this
document.
• Use early and effective reclamation techniques, including an aggressive interim
reclamation program to return habitat to use by plains sharp-tailed grouse as quickly as
possible.
• Reclaim/restore plains sharp-tailed grouse habitats with native grasses and forbs
conducive to optimal plains sharp-tailed grouse habitat and other wildlife appropriate to
the ecological site.
• Use approved CP-4D (plains sharp-tailed grouse)seed mixes, based on soil type,
available from Farm Service Agency or Natural Resources Conservation Service, or other
seed mixes approved by CDOW.
• Do not use aggressive non-native grasses in plains sharp-tailed grouse habitat
reclamation.
• Establish a small percentage(i.e., less than 5%cover)of adapted native shrubs listed in
the Farm Service Agency and Natural Resources Conservation Service's CP-4D plains
sharp-tailed grouse seed mixes on disturbed sites.
• Reclaim brood rearing areas with a substantially higher percentage of forbs than other
•• areas.
• Utilize native and select non-native forbs and legumes in seed mixes as they area vital.• .r •
'�- • component of brood-rearing habitat. Suitable species include those forbsrapproved by
the Farm Service Agency and the Natural Resources Conservation Service's CP-4D seed
mixes for CRP. Dryland adapted varieties of alfalfa and yellow sweet clover should be
the primary non-native forb species used.
PRAIRIE DOGS(White-Tailed&Gunnison's)
• Survey for active and inactive prairie dog colonies within development areas prior to
development.
• Avoid construction on or in prairie dog colonies wherever possible.
• Where oil and gas activities must occur on or in white-tailed or Gunnison's prairie dog
colonies,conduct these activities outside the period between March 1 and June 15.
• Avoid surface facility density in excess of 10 well pads per 10-square mile area (one well
pad per section) in White-tailed and Gunnison's Prairie Dog Management Emphasis
Areas that will be described in the Colorado Statewide Implementation Plan for the
species.
• When surface density of oil and gas facilities exceeds 1 well pad/section, initiate a
Comprehensive Development Plan (CDP)that includes recommendations for off-site and
compensatory mitigation actions.
• Manage oil and gas activities within prairie dog colonies to minimize impacts to
attributes that maintain the functional integrity of the prairie dog colony(e.g.,
vegetation, soils, burrow systems, etc.).
• Minimize road development and close roads to recreational use.
29
• Promptly reclaim disturbed areas within prairie dog colonies with native grasses and
forbs appropriate to the ecological site.
• Aggressively control non-native and invasive weeds, particularly cheatgrass, in
reclamation areas within prairie dog habitat.
• Install raptor perch deterrents on equipment,fences,cross arms and pole tops in prairie
dog habitat.
PREBLE'S MEADOW JUMPING MOUSE
• No surface occupancy within 300 feet either side of centerline along streams of known
or potentially occupied habitat along the northern Front Range from the Colorado
Wyoming state line through northern El Paso County.
• Consult with the U.S. Fish and Wildlife Service and the U.S.Army Corps of Engineers
when permitting any permanent or temporary activity within known or potentially
occupied habitat Preble's meadow jumping mouse habitat.
PRONGHORN ANTELOPE
• Avoid surface disturbance to and construction activities within pronghorn winter
concentration areas west of I-25 from January 1 through March 31.
• Identify critical habitat types and adjust development sites to avoid these areas.
• Gate single-purpose roads to reduce traffic disruptions to wildlife.
• Close and immediately reclaim all roads that are redundant, not used regularly;or have
been abandoned to the maximum extent possible to minimize disturbance and habitat
• fragmentation.
• Limit fence construction in pronghorn habitat. Use CDOW recommended pronghorn
fence designs.
• Prior to development, establish baseline vegetation condition and inventory to provide
a basis for post-development habitat restoration.
• Avoid aggressive non-native grasses and shrubs in pronghorn habitat restoration.
• Reclaim pronghorn habitats with native shrubs,grasses,and forbs appropriate to the
ecological site disturbed.
• Restore appropriate sagebrush species or subspecies on disturbed sagebrush sites. Use
locally collected seed for reseeding where possible. Sagebrush is less Important in
pronghorn reclamation on the eastern plains than it is in western Colorado(west of l-
25).
RAPTORS
General Raptor Mitigation Measures
• Prior to ground disturbing activities, determine either through consultation with CDOW
or surveys the locations of raptor nesting and roosting sites.
• Provide raptor survey data for incorporation into the CDOW raptor database.
• Consult with and implement CDOW recommendations regarding raptor protection
measures including seasonal timing restrictions and recommended buffer zones.
30
• Avoid disturbance of raptor nesting habitat during the breeding season (variable by
species—January 1 to July 15).
• Avoid impacts to raptor roost sites during the wintering period (variable by species--
November 15 to April 1).
• Survey any suitable habitat(cliffs, large trees,snags)within 1 mile of a proposed project
site for raptor nests. Where raptor nests are found,site the project to provide a
suitable buffer zone,and/or place sufficient seasonal limitations on construction activity
to protect the nest site.
• Bury utility lines in defined areas with high collision risk for birds.
• Implement recommendations from both "Suggested Practices for Avian Protection on
Power Lines, the State of the Art in 2006"and the "Avian Protection Plan(APP)
Guidelines"(2005)for proper design and retrofit considerations for powerlines and
poles to minimize raptor electrocution. These documents can be ordered at the Edison
Electric Institute web site(www.eei.org)or can be downloaded at the Avian Power Line
interaction Committee web site (www.aplic.org).
Bald Eagle
• No surface occupancy(beyond that which historically occurred in the area)within 0.25
mile of any active or historic bald eagle nest site.
• No human disturbance or construction activity within 0.5 mile of any active bald eagle
nest-from November 15 to July 31. Activity within 0.5 mile of bald eagle nest sites •
would be best conducted between August 15 and October 15.
• No surface occupancy or construction within 0.25 mile of any active bald eagle winter
night roost site,where there is no direct line of sight to the roost, between December 1
and February 28 and within 0.5 mile of any active bald eagle winter night roost site,
where there is a direct line of sight to the roost, between December 1 and February 28.
• No human disturbance within 0.5 mile of any active bald eagle winter roost site from
November 15 to March 15 except for periodic visits such as oil maintenance and
monitoring Maintenance and monitoring work within the buffer zone after development
should be restricted to the period between 10:00 a.m. and 2:00 p.m.
• No human disturbance within any mapped winter concentration areas between
November 15 and March 15.
Ferruginous Hawk
• No surface occupancy(beyond that which historically occurred in the area)within 0.5
mile of active nest sites and associated alternate nests.
• No human encroachment or construction activity within 0.5 mile of any active
ferruginous hawk nest or alternate nest site from February 1 to July 15.
Golden Eagle
• No surface occupancy(beyond that which historically occurred in the area)within 0.25
mile of any active golden eagle nest site.
31
• No human encroachment or construction activity within 0.5 mile of any active golden
eagle nest from December 15 to July 15.
Mexican Spotted Owl
• No surface occupancy(beyond that which historically occurred in the area)within
designated Mexican spotted owl protected activity centers (PAC's)without USFWS
consultation.
• No surface disturbance between March 1 to August 31 within and adjacent to Mexican
spotted owl protected activity centers(PACs)without USFWS consultation.
Osprey
• No surface occupancy(beyond that which historically occurred in the area)within 0.25
mile of any active osprey nest site.
• No human encroachment or construction activity within 0.25 mile of any active osprey
nest from April 1 to August 31.
Peregrine Falcon
• No surface occupancy(beyond that which historically occurred in the area)within 0.5
mile of any active or historic peregrine falcon nest site.
• No human encroachment.or construction activity within 0.5 mile of any active peregrine
falcon nest site from March 15 to July 31.
Burrowing Owl
• Adhere to recommended survey protocol and actions to protect nesting Burrowing Owls
(e.g.survey active and inactive prairie dog colonies for presence of Burrowing Owls
when construction will occur between March 1 and October 31).
• Conduct surface disturbance within 300 feet of any active burrowing owl nest site
outside the period between March 1 and August 15.
RIVER OTTER
• Avoid or limit the use of pesticides,herbicides,and fertilizers within the flood plain in
occupied river otter habitat.
• Minimize disturbance of riparian vegetation adjacent to waterways(i.e.,within 300 feet)
of occupied river otter habitat.
• Minimize road development within 300 feet of occupied river otter habitat, especially
the creation of new stream or river crossings(bridges)in occupied river otter habitat.
• Establish company guidelines to minimize wildlife mortality from vehicle collisions on
roads.
• Provide information on sightings of live or dead river otters for incorporation into the
CDOW river otter sightings database. Sighting forms are located at:
htto://wildlife.state.co.us/WildlifeSaecies/SaeciesofConcem/Mammals/RiverOtterObse
rvation.htm.
32
SOUTHWEST WILLOW FLYCATCHER
• Survey for active nest sites during the breeding season within southwest willow
flycatcher overall range.
• No Surface Occupancy within 300 feet of southwest willow flycatcher nest sites.
• No surface disturbance or removal of riparian habitat within 300 feet from stream edge
within potential southwest willow flycatcher habitat
• Restrict activities May 15 to August 1 in potential southwest willow flycatcher habitat.
SWIFT FOX
• Survey for swift fox den sites and avoid surface disturbance within 0.25 mile while
young are den dependent(March 15 to June 15).
• Establish company guidelines to minimize wildlife mortality from vehicle collisions on
roads.
• Utilize native vegetation for reclamation within swift fox overall range
• Restrict use of pesticides for rodent control in swift fox overall range.
WESTERN BOREAL TOAD
• No Surface Occupancy within 0.5 mile of known breeding sites.
• Consult with CDOW prior to any surface disturbance or construction activities within
600 feet of any documented western boreal toad field sighting or production area.
AQUATIC SPECIES/AMPHIBIANS
• Consult with CDOW or collect baseline aquatic species and macro-invertebrate
inventory data both pre and post development.
• Conduct two pass population estimations for streams potentially affected. Report
species composition, length-frequency and individual weights.
• Collect water samples to monitor water quality before, during and after occupation and
document data and changes.
• No surface disturbance within 300 feet of any designated Gold Medal water.
• Design stream crossings to minimize the total number of crossings and so that crossings
are at or as near to 90 degrees to the direction of stream flow.
• Construct stream crossings "in the dry"and avoid impacts to trout during spawning and
hatching periods.
• Restrict trucks from crossing streams and utilize appropriate and effective culverts that
don't preclude upstream movement of fish.
• Avoid using low water crossings.
• Control erosion and sedimentation, and manage storm water runoff; reclaim sites as
quickly as possible to restore vegetation.
• Control weeds along riparian corridors and manage livestock grazing to maintain
riparian corridor health.
• Consider fencing riparian areas.
• Avoid changes to water quality and quantity.
• Repair incised channels where excessive erosion and sedimentation is occurring.
33
• Consider directional boring of pipeline crossings of perennial streams.
• Replace non-native riparian vegetation such as tamarisk and Russian olive with
appropriate native plantings such as cottonwood or willow.
• Protect groundwater, riparian areas and wetlands by installing impermeable barriers
beneath fluid pits.
• When working in designated Gold Medal waters,disinfect heavy equipment, hand tools,
boots and any other equipment that was previously used in a river,stream,lake, pond,
or wetland prior to moving the equipment to another water body. The disinfection
practice should follow this outline:
o Remove all mud and debris from equipment and spray/soak equipment with a
1:15 solution of disinfection solution containing the following ingredients:
• Dialkyl dimethyl ammonium chloride,5-10%by weight;
• Alkyl dimethyl benzyl ammonium chloride, 5-10%by weight;
• Nonyl phenol ethoxylate, 5-10%by weight;
• Sodium sesquicarbonate, 1-5%;
• Ethyl alcohol, 1-5%; and
• Tetrasodium ethylene diaminetetraacetate, 1-5%
• and water, keeping the equipment moist for at least 10 minutes and
managing rinsate as a solid waste in accordance with local,county, state,
or federal regulations;or
o Spray/soak equipment with water greater than 140 degrees Fahrenheit for at. • •
least 10 minutes.
o Sanitize water suction hoses and water transportation tanks(using methods
described above) and discard rinse water at an appropriately permitted disposal
facility.
• Avoid stream channel disturbances during fish spawning seasons. Fish spawn at specific
times of the year.The eggs incubate in the gravel until the yolk sac is absorbed and the
larval fish can swim up through the gravel and into the main body of water. Eggs
incubating in the redds can be smothered by the excessive deposition of sediment,and
further affected by fungal spores carried in the sediment. Adults can be affected by the
same fungal species with high mortality rates. Fish spawning dates and incubation times
vary by elevation and temperatures, but in general the following intervals will apply in
Colorado:
o Rainbow trout: March 1- June 15
o Brown trout: October 1—May 1
o Brook trout:August 15—May 1
o Cutthroat trout:June 1—September 1
o Bluehead sucker: May 1—July 15
o Flannelmouth sucker:April 1—July 1
o Roundtail chub: May 15—July 15
34
APPENDIX A
The recommendations listed below are best management practices for wind farm development.
I. Avoiding/Minimizing Impacts. In selecting sites for construction,focus on options that avoid
critical wildlife habitats, over the use of mitigation strategies. Areas that exhibit high levels of
wildlife use within this project area would benefit greatly by not placing facility infrastructure,
including transmission lines,adjacent to or over such areas. Locally,micro-siting of turbines and
infrastructure might be effective in minimizing losses to habitat and wildlife. if all options for
avoiding impacts are taken and prove insufficient,then mitigation strategies should be identified and
implemented.
2. Study Protocols. Consult with CDOW for review and comment on wildlife and habitat survey
protocol, including monitoring locations, before the protocol is finalized. It is recommended that pm-
construction and construction/post-construction monitoring be conducted using similar methods,so
that valid comparisons can be made. The recommended length of study for both pre and post-
construction surveys is 1 year. CDOW requests the opportunity to comment on baseline or impact
surveys,as well as amendments made to infrastructure/facility placement,county permit requirements
or recommendations. CDOW encourages developers to be proactive in bringing plans for additional
phases or developments to our attention prior to establishing infrastructure placement and routing, in
the hope that proactive,cooperative efforts will identify concems early in the project so that they may
be appropriately addressed.
•
3. Access/Monitoring. Provide CbOW with pre-construction and post-construction reports with all
forms of raw data collected at onset,during, and post construction surveys. It is recommended that
all research data(observed,written,recorded,GPS files,etc.)collected be accessible and provided to
CDOW's district wildlife managers and biologists in a timely manner.
4. Construction and Operational Consideration. During construction and operations, limit vehicle
speeds to 25 mph on project roads. During operations, limit on-site visit frequency and duration by
service personnel, especially during critical nesting time, to minimize impacts to wildly. Educate
personnel on wildlife issues,such as where species might be found,and at what time of day. During
the operational phase,train staff in documenting wildlife mortalities and notifying local wildlife
officials in a timely manner.
5. Reclamation and Decommissioning. Reclaim areas disturbed by construction. The width of access
roads can be reduced after construction of the turbines. Areas should be reclaimed with seed for
native vegetation. Develop long-term decommissioning and reclamation plans in the event that it is
decided to decommission any infrastructure of the facility. Decommissioning plans should include
(but not limited to)timing of decommissioning individual or project wide infrastructure and plans to
reclaim areas back to pre-construction conditions.
6. Hunting.At the landowner's discretion, hunting should be allowed to continue within and adjacent
to the project area. It is recommended that traditional uses of the land,including hunting,not be
prohibited as a condition of the lease by the project proponent after construction at the site is
completed. Colorado wildlife statutes prohibit landowners from claiming game damage
reimbursements due to hunting restrictions on their property. Hunting restrictions further burden the
state's ability to manage wildlife populations;exacerbating state/landowner relationships and
increasing forage conflicts.
7. Weed Management. Noxious weeds reduce or destroy wildlife habitat. Actively eradicate noxious
weeds, and develop and implement a noxious weed and re-vegetation management plan where there
will be disturbance due to construction or maintenance activities. Clean equipment when it is moved
from site to site to remove weed seeds even if no weeds are recognized.The applicant may wish to
contact the(NAME)County Weed Inspector to facilitate development of reclamation and weed
management plans for the facility.
8. Livestock Fencing. Use wildlife-friendly fencing to prevent harm or fatalities to wildlife. Fencing
should allow free passage of wildlife, incorporating three or four strand fencing with a bottom strand
height of 16 inches and a maximum top strand height of 42 inches,along with installation of double
stays between posts. Chain link and mesh fencing should be kept to a minimum and used only to
protect facilities where security is required. Substation fencing should be built according to and meet
applicable standards.
9. Wildlife Protection. The proposed wind energy project will be in an area that is rich in wildlife
diversity and will span a variety of regionally unique habitat types.We recommend that sensitive
wildlife species and critical habitat features be identified and buffered when considering
infrastructure placement and operation,especially during critical nesting periods. We suggest that as
more detailed planning occurs,you continue to contact DOW representatives to determine specific
sensitive areas for each of these species.
(The species listed below are suggested as examples off. Your site may be different)
o Greater prairie chicken.Add what is appropriate, possibly, Use Colorado Division of Wildlife • •
• survey results(recent and historic)for greater prairie chicken to site wind turbines,and other
infrastructure(including transmission lines)away from breeding and production areas..Greater..
prairie chickens are known to avoid areas of man-made disturbance; it is believed that they avoid
tall structures,such as wind turbines,transmission towers,and buildings because they present
possible perches for raptors. Roads contribute traffic noise and the possibility of collision. Such
appurtenances could be a factor in the failure of nests and brood-rearing,and thus,appropriate
setbacks are recommended. Setbacks for greater prairie chicken are 0.6 mi from leks and 2.2 mi
from brood rearing habitat from March 1 through June 30.
o Lesser prairie chicken.Add what is appropriate,possibly, Use Colorado Division of Wildlife
survey results(recent and historic)for lesser prairie chicken to site wind turbines and other
infrastructure(including transmission lines)away from breeding and production areas. Lesser
prairie chickens are known to avoid areas of man-made disturbance; it is believed that they avoid
tall structures,such as wind turbines,transmission towers,and buildings because they present
possible perches for raptors. Roads contribute traffic noise and the possibility of collision. Such
appurtenances could be a factor in the failure of nests and brood-rearing,and thus,appropriate
setbacks are recommended. Setbacks for lesser prairie chicken are 0.6 mi from leks and 22 mi
from brood rearing habitat from March 15 through June 15.
o Plains sharp-tailed grouse.Add what is appropriate,possibly, Use Colorado Division of
Wildlife survey results(recent and historic)for plains sharp-tailed grouse to site wind turbines
and other Infrastructure(including transmission lines)away from breeding and production
areas. Plains sharp-tailed grouse are known to avoid areas of man-made disturbance; it is
believed that they avoid tall structures,such as wind turbines,transmission towers,and buildings
because they present possible perches for raptors. Roads contribute traffic noise and the
possibility of collision. Such appurtenances could be a factor in the failure of nests and brood-
rearing,and thus,appropriate setbacks are recommended. Setbacks for plains sharp-tailed grouse
are 0.4 mi from leks and 125 mi from brood rearing habitat from March 1 through June 30.
2
o R_Apors. Identify raptor nests within the project area and implement an appropriate buffer from
wind turbine and transmission lines. During nesting periods, observe timing stipulations for
construction activities located near nests.Site turbines no less than %mile from all deciduous
trees. Raptors are likely to use any trees or larger rock escarpments for nesting or perching.
Prairie dog towns located in the project area also provide excellent shelter,feeding and nesting
habitat for numerous resident and migratory raptors. By affording these areas a buffer when
considering turbine placement,impacts to raptor species will be greatly reduced. CDOW raptor
guidelines for buffers are found in Appendix B. Only a subset of these raptors is expected to be
found in the project area.
o Mountain plover and lone billed curlew. Identj habitat and plover/curlew nests within the
project area, and plan construction activity outside of critical nesting periods,April 1st through
August 15 where these species are found. Mountain plovers can nest in short-grass prairie,
dryland cultivated farms,and prairie dog towns;all of which are located on the project site. Long
billed curlews can nest in short grass prairie.In a cooperative program,the CDOW and Rocky
Mountain Bird Observatory(RMBO)provide free services of biologists trained to detect plover
activity on farm lands.(Mountain Plover and Long Billed Curlew are Colorado species of special
concern)
o Bats. Acoustic monitoring of bats is recommended with the monitoring device placed 30 to 50
meters above ground level of the MET tower. Acoustic monitoring is recommended for spring
and fall seasons. Mist netting is recommended near water bodies where bats roost.It is
recommended that all survey data collected be accessible and provided to CDOW: .
o Swift fox. Identify and avoid all maternal swift fox den sites. Swift fox live here year-round, •
breed,during December,and raise their young into the next fall. Any disturbance or destruction
of dens from December 15th through August 15th would be detrimental to this species. It is
recommended that swift fox surveys include daylight searches for den areas and nighttime
spotlight searches during August and September.Swift fox is a specks of state and federal
concern that lives in and around the proposed area.
o Black-tailed prairie dots. All prairie dog towns within and adjacent to the proposed project
should be located prior to construction. If a prairie dog town falls within an unavoidable
construction site,the town should be surveyed for other species,such as burrowing owls and
mountain plover. (Burrowing Owls are a State Threatened Species)
o Reptiles and amphibians. Identify critical reptile and amphibian habitat, including
escarpments, ephemeral ponds, and wetlands, and avoid during construction and when siting
infrastructure. With an increase in roads and traffic,reptiles and amphibians could be negatively
impacted within the project area. The"construction and operational considerations"portion of
this document should be considered.
o Deer and pronehorn. The effects that wind turbine placement will have on mule deer and
pronghorn are not well known,but studies suggest there is noticeable displacement from areas
where there has been construction of roadways and increased service vehicle traffic. Personnel
should be informed that poaching is illegal and will not be tolerated.
3
APPENDIX B
RECOMMENDED BUFFER ZONES AND SEASONAL RESTRICTIONS
FOR COLORADO RAPTORS
Tolerance limits to disturbance vary among as well as within raptor species. As a general rule,
Ferruginous Hawks and Golden Eagles respond to human activities at greater distances than do Ospreys
and America Kestrels. Some individuals within a species also habituate and tolerate human activity at a
proximity that would cause the majority of the group to abandon their nests. Other individuals become
sensitized to repeated encroachment and react at greater distances. The tolerance of a particular pair may
change when a mate is replaced with a less tolerant individual and this may cause the pair to react to
activities that were previously ignored. Responses will also vary depending upon the reproductive stage.
Although the level of stress is the same,the pair may be more secretive during egg laying and incubation
and more demonstrative when the chicks hatch.
The term "disturbance"is ambiguous and experts disagree on what actually constitutes a disturbance.
Reactions may be as subtle as elevated pulse rate or as obvious as vigorous defense or abandonment.
Impacts of disturbance may not be immediately evident. A pair of raptors may respond to human
intrusion by defending the nest,but well after the disturbance has passed,the male may remain in the
vicinity for protection rather than forage to feed the nestlings. Golden eagles rarely defend their nests,but
merely fly a half mile or more away and perch and watch. Chilling and over heating of eggs or chicks
and starvation of nestlings can result from human activities that appeared not to have caused an
immediate response.
• A`holistic' approach is recommended when protecting raptor habitats. While it is important for land
managers to focus on protecting nest sites,equal attention should focus on defining important foraging
areas that support the pair's nesting effort. Hunting habitats of many raptor species are extensive and may
'necessitate interagency cooperation to assure the continued nest occupancy. Unfortunately,basic•
knowledge of habitat use is lacking and may require documentation through telemetry investigations or
intensive observation. Telemetry is expensive and may be disruptive so a more practical approach is to
assume that current open space is important and should be protected.
Although there are exceptions,the buffer areas and seasonal restrictions suggested here reflect an
informed opinion that if implemented,should assure that the majority of individuals within a species will
continue to occupy the area. Additional factors,such as intervening terrain,vegetation screens,and the
cumulative impacts of activities should be considered.
These guidelines were originally developed by CDOW raptor biologist Gerald R.Craig(retired)in
December 2002. To provide additional clarity in guidance,incorporate new information,and update the
conservation status of some species,the guidelines were revised in January 2008. Further revisions of
this document may become necessary as additional information becomes available.
4
RECOMMENDED BUFFER ZONES AND SEASONAL RESTRICTIONS
1. BALD EAGLE
Nest Site:
No surface occupancy(beyond that which historically occurred in the area; see`Definitions'
below)within 'A mile radius of active nests(see'Definitions' below). Seasonal restriction to human
encroachment(see'Definitions' below)within'A mile radius of active nests from October 15 through
July 31.This closure is more extensive than the National Bald Eagle Management Guidelines
(USFWS 2007)due to the generally open habitat used by Colorado's nesting bald eagles.
Winter Night Roost:
No human encroachment from November 15 through March 15 within '''A mile radius of an active
winter night roost(see'Definitions'below)if there is no direct line of sight between the roost and the
encroachment activities. No human encroachment from November 15 through March 15 within 'A
mile radius of an active winter night roost if there is a direct line of sight between the roost and the
encroachment activities. If periodic visits(such as oil well maintenance work)are required within the
buffer zone after development,activity should be restricted to the period between 1000 and 1400
hours from November 15 to March 15.
Hunting Perch:
Diurnal hunting perches(see'Definitions' below)associated with important foraging areas
should also be protected from human encroachment. Preferred perches may be at varying distances
from human encroachment and buffer areas will vary. Consult the Colorado Division of Wildlife for
recommendations for specific hunting perches.
•
2. GOLDEN EAGLE
Nest Site:
No surface occupancy(beyond that which historically occurred in the area)within'A mile radius
of active nests. Seasonal restriction to human encroachment within'A mile radius of active nests
from December 15 through July 15.
3. OSPREY
Nest Site:
No surface occupancy(beyond that which historically occurred in the area)within'A mile radius
of active nests.Seasonal restriction to human encroachment within'A mile radius of active nests from
April 1 through August 31. Some osprey populations have habituated and are tolerant to human
activity in the immediate vicinity of their nests.
4. FERRUGINOUS HAWK
Nest Site:
No surface occupancy(beyond that which historically occurred in the area)within'A mile radius
of active nests. Seasonal restriction to human encroachment within 'A mile radius of active nests
from February 1 through July 15. This species is especially prone to nest abandonment during
incubation if disturbed.
5
5. RED-TAILED HAWK
Nest Site:
No surface occupancy(beyond that which historically occurred in the area)within 1/3 mile
radius of active nests. Seasonal restriction to human encroachment within 1/3 mile radius of active
nests from February 15 through July 15. Some members of this species have adapted to urbanization
and may tolerate human habitation to within 200 yards of their nest. Development that encroaches on
rural sites is likely to cause abandonment.
6. SWAINSON'S HAWK
Nest Site:
No surface occupancy(beyond that which historically occurred in the area)within /mile radius
of active nests. Seasonal restriction to human encroachment within % mile radius of active nests from
April 1 through July 15. Some members of this species have adapted to urbanization and may
tolerate human habitation to within 100 yards of their nest.
7. PEREGRINE FALCON
Nest Site:
No surface occupancy(beyond that which historically occurred in the area)within % mile radius
of active nests. Seasonal restriction to human encroachment within 1/4 mile of the nest cliff(s)from
March 15 to July 31. Due to propensity to relocate nest sites,sometimes up to /mile along cliff
faces,it is more appropriate to designate'Nesting Areas'that encompass the cliff system and a'h mile
buffer around the cliff complex.
8. PRAIRIE FALCON
Nest Site:
No surface occupancy(beyond that which historically occurred in the area)within'A mile radius
of active nests. Seasonal restriction to human encroachment within%mile radius of active nests
from March 15 through July 15.
9. NORTHERN GOSHAWK
No surface occupancy(beyond that which historically occurred in the area)within h mile radius
of active nests. Seasonal restriction to human encroachment within'mile radius of active nests
from March 1 through September 15.
10. BURROWING OWL
Nest Site:
No human encroachment within 150 feet of the nest site from March 15 through October 31.
Although Burrowing Owls may not be actively nesting during this entire period,they may be present
at burrows up to a month before egg laying and several months after young have fledged. Therefore
it is recommended that efforts to eradicate prairie dogs or destroy abandoned towns not occur
between March 15 and October 31 when owls may be present. Because nesting Burrowing Owls
may not be easily visible, it is recommended that targeted surveys be implemented to determine if
burrows are occupied. More detailed recommendations are available in a document entitled
"Recommended Survey Protocol and Actions to Protect Nesting Burrowing Owls"which is available
from the Colorado Division of Wildlife
6
DEFINITIONS
Active nest—Any nest that is frequented or occupied by a raptor during the breeding season,or
which has been active in any of the five previous breeding seasons. Many raptors use alternate nests in
various years. Thus,a nest may be active even if it is not occupied in a given year.
Active winter night roost—Areas where Bald Eagles gather and perch overnight,and sometimes
during the day in the event of inclement weather. Communal rood sites are usually in large trees(live or
dead)that are relatively sheltered from wind and are generally in close proximity to foraging areas. These
roosts may also serve a social purpose for pair bond formation and communication among eagles. Many
roost sites are used year after year.
fluman encroachment—Any activity that brings humans in the area. Examples include driving,
facilities maintenance,boating,trail access(e.g.,hiking,biking),etc.
Hunting perch—Any structure on which a raptor perches for the purpose of hunting for prey.
Hunting perches provide a view of suitable foraging habitat. Trees are often used as hunting perches,but
other structures may also be used(utility poles,buildings,etc.).
Surface occupancy—Any physical object that is intended to remain on the landscape permanently or
for a significant amount of time. Examples include houses,oil and gas wells,tanks,wind turbines,roads,
tracks,etc.
CONTACT
For further information contact:
David Mute
Bird Conservation Coordinator
Colorado Division of Wildlife
6060 Broadway
Denver,CO 80216
Phone: 303-291-7320
Email: david.klute@state.co.us
REFERENCES
Bechard,MJ.,and J.K. Schmutz. 1995.Ferruginous Hawk(Buteo regalis),The Birds of
North America Online(A.Poole,Ed.).Ithaca:Cornell Lab of Ornithology;Retrieved from the
Birds of North America Online: httpJ/bna.birds.cornell.edu/bna/species/l72
Buehler,D.A.2000.Bald Eagle(Haliaeetus leucocephalus),The Birds of North America Online
(A. Poole, Ed.). Ithaca Cornell Lab of Ornithology; Retrieved from the Birds of North America
Online: http://bna.birds.cornell.edu/bna/species/506
Call,M. 1979. Habitat management guides for birds of prey. Technical Note No.338,U.S.Bureau of
Land Management,Denver Service Center,Denver,CO.69pp.Energy Research and
Development Administration(ERDA). 1977. EIA for CUI Venture application for geothermal
loan guarantee(Beryl and Lund,Utah). EIA/GE/77-8. Washington,D.C. 109pp.
England,A.S.,MJ. Bechard,and C.S.Houston. 1997.Swainson's Hawk(Buteo swainsoni),The
7
Birds of North America Online(A. Poole,Ed.). Ithaca Cornell Lab of Ornithology;
Retrieved from the Birds of North America Online:
http://bna.birds.comell.edu/bna/soecies/265
Greater Yellowstone Bald Eagle Working Group. 1996. Greater Yellowstone bald eagle
management plan: 1995 update. Greater Yellowstone Bald Eagle Working Group,Wyoming
Game&Fish Dept.,Lander WY 82520. 47p
Grier,J.W.,F.J.Gramlich,J.Mattisson,J.E.Mathisen,J.V.Kussman,J.B. Elder,and N.F.Green.
1983. The bald eagle in the northern United States. Bird Cons. 144-66.
Haug, E.A.,B.A.Millsap,and M.S. Martell. 1993.Burrowing Owl(Athene cunicularia),The
Birds of North America Online(A. Poole,Ed.). Ithaca:Cornell Lab of Ornithology;
Retrieved from the Birds of North America Online: httn://bna.birds.comell.edu/bna/snecies/06I
Holmes,Tamara L. 1993. Behavioral responses of grassland raptors to human disturbance. MS
Thesis. Cob. State Univ., Fort Collins. 62pp.
Holthuijzen,A.M.A.,W.G.Eastland,A.R.Ansell,M.N.Kochert,R.D. Williams,and L.S.
Young. 1990. Effects of blasting on behavior and productivity of nesting prairie falcons. Wildl.
Soc. Bull. 18:270-281.
Kochert,M.N.,K. Steenhof,C.L.Mcintyre,and E.H.Craig.2002.Golden Eagle(Aquila
chrysaetos),The Birds of North America Online(A.Poole,Ed.). Ithaca:Cornell Lab of
Ornithology;Retrieved from the Birds of North America Online:
http://bna.birds.comell.edu/bna/species/684
Martin, D.J. 1973. Selected aspects of burrowing owl ecology and behavior. Condor 75:446-456.
Mackessy, S.P. 1998.The massasuaga rattlesnake and the Texas horned lizard. Final Report to the
Colorado Division of Wildlife.
Northern States Bald Eagle Recovery Team. 1983. Northern States Bald Eagle Recovery Plan.
U.S. Fish and Wildlife Service.75pp.
Olendorff, R. R.,and W.D.Zeedyk. 1978. Land management for the conservation of endangered
birds. Pages 419-428 in S.A.Temple,ed.Endangered birds. University of Wisconsin Press,
Madison,Wisconsin.
Poole,A.F.,R.O.Bierregaard,and M.S.Martell.2002.Osprey(Pandion haliaetus),The
Birds of North America Online(A.Poole,Ed.).Ithaca:Cornell Lab of Ornithology;
Retrieved from the Birds of North America Online:
http://bna.birds.comell.edu/bna/soecies/683
Preston,C.R.,and R.D.Beane. 1993. Red-tailed Hawk(Buteo jamaicensis),The Birds of North
America Online(A.Poole,Ed.).Ithaca: Cornell Lab of Ornithology;Retrieved from the
Birds of North America Online: http://bna.birds.comell.edu/bnaisoecies/052
Reynolds, It.,R.T.Graham, H.M.Reiser. 1992. Management recommendations for the northern
goshawk in the southwestern United States. Gen.Tech.Rep. RM-217. Fort Collins,CO.
8
U.S.Dept of Agri.,Forest Service,Rocky Mountain Forest and Range Experiment Station.
90pp.
Richardson,C.T.and C.K.Miller. 1997. Recommendations for protecting raptors from human
disturbance:a review. Wildl. Soc.Bull.25(3):634-638.
Rocky Mountain/Southwest Peregrine Falcon Recovery Team. 1984.American peregrine falcon
Rocky/Southwest population recovery plan. U.S.Fish and Wildlife Serv. 105pp.
Squires,J.R.,S.H.Anderson,and R.Oakleaf. 1993. Home range size and habitat-use patterns of
nesting prairie f fffalcons near oil developments in northeastern Wyoming. J. Field
Ornithol.64:1-10.
Steenhof, Karen. 1998.Prairie Falcon(Falco mexicanus),The Birds of North America Online
Poole,Ed.). Ithaca Cornell Lab of Ornithology; Retrieved from the Birds of North America
Online: htty//bna.birds.comell.edu/bna/species/346
Squires,J.R.,and R.T.Reynolds. 1997.Northern Goshawk(Accipiter genii/is),The Birds of
North America Online(A. Poole,Ed.). Ithaca: Cornell Lab of Ornithology;Retrieved from
the Birds of North America Online:¢tty://bna.birds.comell.edu/bna/species/298
Suter,G.W.and J.L.Joness. 1981. Criteria for Golden Eagle, Ferruginous Hawk,and Prairie
Falcon nest site protection. J. Raptor Res. 15(1):12-18.
Swenson,J.E. 1979.Factors affecting status and reproduction of ospreys in Yellowstone National
Park.J.Wildl..Manage.43:595-601. •
Thomsen,L. 1971. Behavior and ecology of burrowing owls on the Oakland Municipal Airport.
Condor 73:177-192.
U.S. Fish and Wildlife Service. 2007. National Bald Eagle Management Guidelines.
http://www.fws.gov/migratorybirds/issues/BaldEagle/NationalBaldEagleManagementGuideli
nes.pdf
White,C.M.,N.J.Clum,T.J.Cade,and W.G.Hunt.2002.Peregrine Falcon(Falco peregrinus),
The Birds of North America Online(A.Poole,Ed.). Ithaca: Cornell Lab of Ornithology;
Retrieved from the Birds of North America Online:
http://bna.birds.comell.edu/bna/species/660
9
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Addendum D
Memorandum
To: Regional Directors, Regions 1-7
From: Director,U. S. Fish and Wildlife Service
Subject Service Guidance on the Siting,Construction,Operation and Decommissioning of
Communications Towers
Construction of communications towers(including radio,television,cellular,and microwave)in the United States
has been growing at an exponential rate, increasing at an estimated 6 percent to 8 percent annually. According to
the Federal Communication Commission's 2000 Antenna Structure Registry,the number of lighted towers greater
than 199 feet above ground level currently number over 45,000 and the total number of towers over 74,000. By
2003,all television stations must be digital,adding potentially 1,000 new towers exceeding 1,000 feet AGL.
The construction of new towers creates a potentially significant impact on migratory birds,especially some 350
species of night-migrating birds. Communications towers are estimated to kill 4-5 million birds per year,which
violates the spirit and the intent of the Migratory Bird Treaty Act and the Code of Federal Regulations at Part 50
designed to implement the MBTA. Some of the species affected are also protected under the Endangered Species
Act and Bald and Golden Eagle Act.
Service personnel may become involved in the review of proposed tower sitings and/or in the evaluation of tower
impacts on migratory birds through National Environmental Policy Act review;specifically,sections 1501.6,
opportunity to be a cooperating agency,and 1503.4,duty to comment on federally-licensed activities for agencies
with jurisdiction by law,in this case the MBTA,or because of special expertise. Also,the National Wildlife
Refuge System Improvement Act requires that any activity on Refuge lands be determined as compatible with the
Refuge system mission and the Refuge purpose(s). In addition,the Service is required by the ESA to assist other
Federal agencies in ensuring that any action they authorize, implement,or fund will not jeopardize the continued
existence of any federally endangered or threatened species.
A Communication Tower Working Group composed of government agencies,industry,academic researchers and
NGO's has been formed to develop and implement a research protocol to determine the best ways to construct
and operate towers to prevent bird strikes. Until the research study is completed,or until research efforts uncover
significant new mitigation measures,all Service personnel involved in the review of proposed tower sitings and/or
the evaluation of the impacts of towers on migratory birds should use the attached interim guidelines when
making recommendations to all companies, license applicants,or licensees proposing new tower sitings. These
guidelines were developed by Service personnel from research conducted in several eastern,midwestern,and
southern States,and have been refined through Regional review. They are based on the best information available
at this time,and am the most prudent and effective measures for avoiding bird strikes at towers. We believe that
they will provide significant protection for migratory birds pending completion of the Working Group's
recommendations. As new information becomes available,the guidelines will be updated accordingly.
Implementation of these guidelines by the communications industry is voluntary,and our recommendations must
be balanced with Federal Aviation Administration requirements and local community concerns where necessary.
Field offices have discretion in the use of these guidelines on a case by case basis,and may also have additional
recommendations to add which are specific to their geographic area.
Also attached is a Tower Site Evaluation Form which may prove useful in evaluating proposed towers and in
streamlining the evaluation process. Copies may be provided to consultants or tower companies who regularly
submit requests for consultation,as well as to those who submit individual requests that do not contain sufficient
information to allow adequate evaluation. This form is for discretionary use,and may be modified as nePoqsary.
The Migratory Bird Treaty Act(16 U.S.C.703-712)prohibits the taking,killing,possession,transportation,and
importation of migratory beds,their eggs,parts,and nests,except when specifically authorized by the Department
of the Interior. While the Act has no provision for allowing an unauthorized take,it must be recognized that some
birds may be killed at structures such as communications towers even if all reasonable measures to avoid it are
implemented. The Service's Division of Law Enforcement carries out its mission to protect migratory birds not
only through investigations and enforcement,but also through fostering relationships with individuals and
industries that proactively seek to eliminate their impacts on migratory birds. While it is not possible under the
Act to absolve individuals or companies from liability if they follow these recommended guidelines,the Division
of Law Enforcement and Department of Justice have used enforcement and prosecutorial discretion in the past
regarding individuals or companies who have made good faith efforts to avoid the take of migratory birds.
Please ensure that all field personnel involved in review of FCC licensed communications tower proposals receive
copies of this memorandum. Questions regarding this issue should be directed to Dr.Benjamin N.Tuggle,Chief,
Division of Habitat Conservation,at(703)358-2161,or Jon Andrew,Chief,Division of Migratory Bird
Management,at(703)358-1714. These guidelines will be incorporated in a Director's Order and placed in the
Fish and Wildlife Service Manual at a future date.
Service Interim Guidelines For Recommendations On
Communications Tower Siting,Construction,Operation,and Decommissioning
1. Any company/applicant/licensee proposing to construct a new communications tower should be strongly
encouraged to collocate the communications equipment on an existing communication tower or other structure
(e.g.,billboard,water tower,or building mount). Depending on tower load factors,from 6 to 10 providers may
collocate on an existing tower.
2. If collocation is not feasible and a new tower or towers are to be constructed,communications service
providers should be strongly encouraged to construct towers no more than 199 feet above ground level,using
construction techniques which do not require guy wires(e.g.,use a lattice structure,monopole,etc.). Such towers
should be unlighted if Federal Aviation Administration regulations permit.
3. If constructing multiple towers,providers should consider the cumulative impacts of all of those towers to
migratory birds and threatened and endangered species as well as the impacts of each individual tower.
4. If at all possible,new towers should be sited within existing"antenna farms"(clusters of towers). Towers
should not be sited in or near wetlands,other known bird concentration areas(e.g.,State or Federal refuges,
staging areas,rookeries),in known migratory or daily movement flyways,or in habitat of threatened or
endangered species. Towers should not be sited in areas with a high incidence of fog,mist,and low ceilings.
5. If taller(>199 feet AGL)towers requiring lights for aviation safety must be constructed,the minimum amount
of pilot warning and obstruction avoidance lighting required by the FAA should be used. Unless otherwise
required by the FAA,only white(preferable)or red strobe lights should be used at night,and these should be the
minimum number,minimum intensity,and minimum number of flashes per minute(longest duration between
flashes)allowable by the FAA. The use of solid red or pulsating red warning lights at night should be avoided.
Current research indicates that solid or pulsating(beacon)red lights attract night-migrating birds at a much higher
rate than white strobe lights. Red strobe lights have not yet been studied.
6. Tower designs using guy wires for support which are proposed to be located in known raptor or waterbird
concentration areas or daily movement routes,or in major diurnal migratory bird movement routes or stopover
sites,should have daytime visual markers on the wires to prevent collisions by these diurnally moving species.
(For guidance on markers,see Avian Power Line Interaction Committee(APLIC). 1994. Mitigating Bird
Collisions with Power Lines: The Slate of the Art in 1994. Edison Electric Institute, Washington D.C., 78 pp,and
Avian Power Line Interaction Committee (APLIC). 1996. Suggested Practices for Raptor Protection on Power
Lines. Edison Electric Institute/Raptor Research Foundation, Washington, D.C.. 128 pp. Copies can be obtained
via the Internet at http://www.eei.org/resources/pubcat/enviro/,or by calling 1-800/334-5453).
7. Towers and appendant facilities should be sited,designed and constructed so as to avoid or minimize habitat
loss within and adjacent to the tower"footprint." However,a larger tower footprint is preferable to the use of guy
wires in construction. Road access and fencing should be minimized to reduce or prevent habitat fragmentation
and disturbance,and to reduce above ground obstacles to birds in flight.
8. If significant numbers of breeding,feeding,or roosting birds are known to habitually use the proposed tower
construction area,relocation to an alternate site should be recommended. If this is not an option,seasonal
restrictions on construction may be advisable in order to avoid disturbance during periods of high bird activity.
9. In order to reduce the number of towers needed in the future,providers should be encouraged to design new
towers structurally and electrically to accommodate the applicant/licensee's antennas and comparable antennas for
at least two additional users(minimum of three users for each tower structure),unless this design would require -
the addition oflights or guy wires to an otherwise unlighted and/or unguyed tower.
10. Security lighting for on-ground facilities and equipment should be down-shielded to keep light within the
boundaries of the site.
11. If a tower is constructed or proposed for construction,Service personnel or researchers from the
Communication Tower Working Group should be allowed access to the site to evaluate bird use,conduct dead-
bird searches,to place net catchments below the towers but above the ground,and to place radar,Global
Positioning System,infrared,thermal imagery,and acoustical monitoring equipment as necessary to assess and
verify bird movements and to gain information on the impacts of various tower sizes,configurations,and lighting
systems.
12. Towers no longer in use or determined to be obsolete should be removed within 12 months of cessation of
use.
In order to obtain information on the extent to which these guidelines are being implemented,and to identify any
recurring problems with their implementation which may necessitate modifications, letters provided in response
to requests for evaluation of proposed towers should contain the following request:
"In order to obtain information on the usefulness of these guidelines in preventing bird strikes,and to
identify any recurring problems with their implementation which may necessitate modifications,please
advise us of the final location and specifications of the proposed tower,and which of the measures
recommended for the protection of migratory birds were implemented. If any of the recommended
measures can not be implemented,please explain why they were not feasible."
NIOBRARA ENERGY PARK PUD-ALLOWED COMMERCIAL AND INDUSTRIAL USE
SPR—Site Plan Review
Allowed Land Use Pro- Definition of Allowed Land Use
(or similar uses) cess
1 PHOTOVOLTAIC ENERGY AND/OR SPR A system which uses solar cells to convert light into electricity.A photovoltaic
SOLAR ENERGY"FARM" system consists of multiple components,including cells,mechanical and
electrical connections and mountings and means of regulating and/or modifying
Under 50 MW the electrical output
2 RESEARCH LABORATORIES SPR A facility for scientific research in technology-intensive fields. Examples include,
but are not limited to energy, oil, petroleum, biotechnology, pharmaceuticals,
genetics, plastics, polymers, resins, coating fibers, films, heat transfer and
radiation research facilities.
3 SMART GRID FACILITY SPR A facility that controls and monitors an electricity network utilizing digital
technology.A smart grid delivers electricity from suppliers to consumers using
two-way digital communications to control devices such as appliances at
consumers'homes;this saves energy,reduces costs and increases reliability and
transparency.It overlays the ordinary electrical grid with an information and net
metering system,that includes smart meters.
4 ALTERNATIVE ENERGY CREATION SPR A facility which produces or distributes a form of energy in which the energy
FACILITY produced refers to any source of usable energy intended to replace fuel sources
Under 50 MW without the undesired consequences of the replaced fuels
5 ALTERNATIVE ENERGY SPR A facility which produces or distributes a form of energy in which the energy
MANUFACTURING FACILITY produced refers to any source of usable energy intended to replace fuel sources
without the undesired consequences of the replaced fuels
Under 50 MW
6 ALTERNATIVE ENERGY SPR A facility which produces or distributes a form of energy in which the energy
DISTTRIBUTION FACILITY produced refers to any source of usable energy intended to replace fuel sources
without the undesired consequences of the replaced fuels
Under 50 MW
7 GEOTHERMAL PRODUCTION SPR Electricity generated from geothermal energy.Technologies in use include dry
steam power plants,flash steam power plants and binary cycle power plants.
Under 50 MW The most common process is the steam flash
process,which incorporates steam separators to take the steam
8 WIND GENERATORS/TURBINES SPR WIND GENERATOR: A generator specifically designed to convert the kinetic
AND HYBRID WIND USE energy in wind into electric energy. a wind generator may include a generator,
tower and associated control or conversion electronics. The height of a wind
Under 50 MW tower is measured to the tip of the blade.
WIND TURBINE:A machine or machines that convert the kinetic energy in the
wind into a usable form(commonly known as a"wind turbine"or"windmill").
The wind energy conversion system includes all parts of the system except for
the tower and transmission equipment,excluding turbines for private use.
9 ENERGY STORAGE SPR A facility in which a method and specific technique for storing energy derived
TECHNOLOGIES: INCLUDING BUT from some primary source in a form convenient for use at a later time when a
NOT LIMITED TO BATTERIES, specific energy demand is to be met,often in a different location.These types
FLYWHEEL(FES),CHEMICAL may include but are not limited to battery,flywheel(FES),chemical conversion
CONVERSION AND MAGNETIC and magnetic storage
10 FUEL CELL DEVELOPMENT SPR A facility for the research and development of an electric cell in which the
chemical energy from the oxidation of a gas fuel is converted directly to
electrical energy in a continuous process.
11 COMPRESSED AIR STORAGE SPR A facility that stores energy generated at one time for use at another time. At
utility scale, energy generated during periods of low energy demand (off-peak)
can be released to meet higher demand (peak load) periods. There are three
types of storage.(1)Adiabatic storage retains the heat produced by compression
EXPOSIT and returns it to the air when the air is expanded to generate power. (2)Diabatic
1
X2-11 R
storage dissipates the extra heat with intercoolers(thus approaching isothermal
compression) into the atmosphere as waste. (3) Isothermal compression and
expansion approaches attempt to maintain operating temperature by constant
heat exchange to the environment.
12 ELECTRIC SUBSTATION SPR See Major Facility of Public Utility
Under 115 kv
13 IN-PARK ELECTRIC SPR Electric utilities serving uses within this
Under 115 kv PUD
14 IN-PARK FIBER,GAS&OTHER SPR Gas,fiber optics,and other utilities serving uses within this
UTILITIES PUD
15 NATURAL GAS-FIRED POWER SPR Natural gas turbine and/or reciprocating engine plant
PLANT
Under 50 MW
16 CO-GENERATION ELECTRIC SPR Also known as combined heat and power(cogeneration)or CHP,and total
PLANT energy,is a very efficient,clean,and reliable approach to generating power and
thermal energy from a single fuel source such as natural gas or bio-methane.
Under 50 MW Cogeneration plants recover the"waste heat"that is otherwise discarded from
conventional power generation to produce thermal
energy.This energy is used to provide cooling or heating for industrial facilities,
district energy systems,and commercial buildings.Through"waste heat
recovery,"cogeneration power plants achieve typical effective electric
efficiencies of 70%to 90%—a dramatic improvement over the average 33%
efficiency of conventional fossil-fueled power plants
17 UTILITY SERVICE FACILITIES, SPR Major Facility of Public Utility -- Public Utilities or Public Agencies operating or
MAJOR FACILITIES OF PUBLIC constructing a mine, electric transmission lines, commercial radio transmission
UTILITIES SUCH AS OIL,GAS, towers, cellular and other wireless communication towers, domestic water
SOLAR,WIND OR ELECTRIC storage facilities,power plants,substations of electrical utilities,storage areas of
GENERATION utilities providing electricity, and natural gas or other petroleum derivatives,
including extension, expansions or enlargements thereof; PIPELINES of utilities
Under 50 MW providing natural gas or other petroleum derivatives, including extensions,
expansions or enlargements thereof; road, park or other public way,ground or
space, public building or structure or public utility,whether publicly or privately
owned
18 DATA CENTERS SPR A facility used to house computer systems and associated components, such as
telecommunications and storage systems. It generally includes redundant or
backup power supplies,redundant data communications
connections,environmental controls and security devices
19 CLOUD COMPUTING CENTERS SPR Using facilities of a third party provider on the Internet (the "cloud") to store,
deploy and run applications. Cloud computing takes two forms. It may refer to
"utility" computing in which only the hardware and software infrastructure
(operating system,databases,etc.)are offered,or it may refer to"software as a
service" (SaaS), which includes the business applications as well. Regardless
whether the cloud is infrastructure only or includes applications, major features
are self service,scalability and speed
20 TELECOM HOTEL/NETWORK SPR Also known as a colocation centre or carrier hotel which is a type of data centre
STATION where multiple customers locate network,server and storage gear and
interconnect to a variety of telecommunications and other network service
provider(s)with a minimum of cost and complexity.
21 COMMERCIAL RESEARCH SPR A school established to provide on-site training of business,trade, commercial,
SCHOOLS industrial, clerical, managerial or artistic skills.This definition applies to schools
that are owned and operated privately for profit and that do not typically offer a
complete educational curriculum. This classification excludes establishments
that provide training in an activity that is not otherwise generally permitted in
the zone district. Incidental instructional services in conjunction with another
primary use shall not be considered a Commercial School.
2
22 PUBLIC SCHOOL EXTENSION SPR
CLASSES
23 POLICE AND FIRE STATIONS SPR
24 GAS GATHERING AND SPR The gathering of raw natural gas from individual wells or central delivery points,
PROCESSING FACILITY which may have multiple wells behind them.Connecting wells and central
delivery points to gathering lines through which the raw natural gas flows to a
processing plant,treating facility or directly to interstate or intrastate gas
transportation pipelines.The processing plants remove any impurities in the raw
natural gas stream and extract the NGLs.
25 GAS COMPRESSOR STATION SPR A facility which helps the transportation process of natural gas from one location
to another. Natural gas,while being transported through a gas pipeline,needs to
be constantly pressurized in certain distance intervals. The gas in compressor
stations is normally pressurized by special turbines,motors and engines.
26 OIL AND GAS POST SPR See Oil and Gas Support and Service
PRODUCTION FACILITIES
27 OIL OPERATION EQUIPMENT SPR OIL AND GAS SUPPORT AND SERVICE -- Location and operation bases for
STORAGE businesses whose primary activity includes the following kinds of uses:
a. Parking and maintenance of exploration, production or workover
equipment..
b. Equipment and storage yards for road and pipeline construction contractors,
and production unit set-up and maintenance contractors.
c. Parking and maintenance for tank and water service companies.
d. Storage and rental yards for pipe and production equipment.
e. Field offices used by production-related records and maintenance personnel.
f. Disposal and recycling sites for production waste (except production water
disposed through either secondary recovery or deep well disposal methods
and the mode of transport to such injection wells is exclusively via pipeline
from the source and no on-site storage occurs,) except businesses whose
activities are primarily manufacturing and fabricating or whose use is
primarily for general company offices used by other than company officials.
g. Oil and gas processing facilities and related equipment, including, but not
limited to, compressors associated with gas processing or which compress
gas to enter a pipeline for transport to market.
28 OIL AND GAS STORAGE SPR One(1)or more tanks which receive and store oil or gas from sources other than
FACILITIES direct from the oil and gas well.
29 OIL TANK FARM COLLECTION SPR See Oil and Gas Storage Facility
AND TERMINAL FACILITY
30 WATER RECYCLE FACILITY SPR Facility that recycles production water
31 WATER INJECTION FACILITY 5PR Production water disposed through either secondary recovery or deep well
disposal methods and the mode of transport to such injection wells is exclusively
via pipeline from the source and no on-site storage occurs.
32 STORAGE OF FRESH WATER SPR See Oil and Gas Support and Service
FOR HYDRAULIC DRILLING AND
FRACING OPERATIONS
33 STORAGE OF SAND AND SPR See Oil and Gas Support and Service
CHEMICALS USED IN THE
FRACING STIMULATION PROCESS
34 SALVAGE YARD(BONE YARD—IN SPR See Oil and Gas Support and Service
CONNECTION WITH ENERGY
PRODUCTS)
35 CARGO CONTAINERS SPR A receptacle with all of the following characteristics:
a. Of a permanent character and accordingly strong enough to be suitable for
repeated use,constructed of metal and being airtight and water-resistant.
b. Specially designed to facilitate the carriage of goods, by one (1) or more
modes of transport, one (1) of which shall be by vessels, without
intermediate reloading.
c. Fitted with devices permitting its ready handling, particularly its transfer
from one(1)mode of transport to another.
3
d. So designed to be easy to fill and empty.
e. Having a cubic displacement of one thousand(1,000)cubic feet or more.
f. A railroad car of any type shall not be considered a cargo container
36 HEAVY MANUFACTURING, 5PR The manufacture of compounding process or raw materials. These activities or
PROCESSING processes would necessitate the storage of large volumes of highly flammable,
toxic materials or explosive materials needed for the manufacturing process.
These activities may involve outdoor operations as part of the manufacturing
process.
37 ANY USE OF A RESEARCH, SPR PROCESSING: An activity associated with the transformation of materials or
REPAIRING,MANUFACTURING, substances into new products,which may include blending of gases and liquids.
FABRICATING,PROCESSING, STORAGE AREA: Any facility, including appurtenant facilities, designed to store
ASSEMBLING OR STORAGE fifty million (50,000,000)cubic feet or more of natural gas or similar petroleum
NATURE derivatives, or one hundred thousand (100,000) barrels or more of liquid
petroleum derivatives.
38 MICROWAVE,COMMERCIAL SPR See Major Facility of Public Utility
RADIO,TELEVISION OR
COMMUNICATIONS
TRANSMISSIION OR RELAY
TOWERS
39 ACCESSORY USES
OFFICES FOR USE BY OPERATORS
OF PRIMARY USES ON SITE;
RETAIL SALES WHEN ACCESSORY
TO USES ON SITE;OUTDOOR
STORAGE,WHEN SCREENED
FROM ADJACENT PROPERTY AND
PUBLIC RIGHTS-OF-WAY;
LOADING AREAS OR
STRUCTURES;
PARKING AREAS OR
STRUCTURES;
MOBILE HOMES FOR
CARETAKERS OR SECURITY
PERSONNEL;
RECREATIONAL FACILITIES FOR
THE USE OF EMPLOYEES ON SITE;
AREAS FOR PARKING VEHICLES
OR EQUIPMENT;HELIPADS
WHEN THEY ARE ACCESSORY TO
THE PRIMARY USES ON SITE;
MAINTENANCE FACILITIES WHEN
ACCESSORY TO USES ON SITE
UBR— Use By Right (No Review Required)
40 OIL AND GAS PRODUCTION UBR Consist of the oil or gas well, pumps, heater treaters, separators, meters,
FACILITIES compressors, tank battery and other equipment directly associated with the
producing well,all of which must be connected and functional
41 AGRICULTURAL USES UBR Livestock Grazing
1041
Allowed Land Use Pro- Definition of Allowed Land Use
(or similar uses) cess
42 ALTERNATIVE ENERGY CREATION 1041 A facility which produces or distributes a form of energy in which the energy
FACILITY produced refers to any source of usable energy intended to replace fuel sources
Over 50 MW without the undesired consequences of the replaced fuels
43 ALTERNATIVE ENERGY 1041 A facility which produces or distributes a form of energy in which the energy
MANUFACTURING FACILITY produced refers to any source of usable energy intended to replace fuel sources
Over 50 MW without the undesired consequences of the replaced fuels
4
44 ALTERNATIVE ENERGY 1041 A facility which produces or distributes a form of energy in which the energy
DISTTRIBUTION FACILITY Produced refers to any source of usable energy intended to replace fuel
Over 50 MW sources without the undesired consequences of the replaced fuels
45 GEOTHERMAL PRODUCTION 1041 Electricity generated from geothermal energy.Technologies in use include
dry steam power plants,flash steam power plants and binary cycle power plants.
Over 50 MW The most common process is the steam flash process,which incorporates
steam separators to take the steam from a flashing geothermal well and passes
the steam through a turbine that drives an electric generator
46 UTILITY SERVICE FACILITIES, 1041 Major Facility of Public Utility-- Public Utilities or Public Agencies operating or
MAJOR FACILITIES OF PUBLIC constructing a mine, electric transmission lines, commercial radio transmission
UTILITIES SUCH AS OIL, SOLAR, towers, cellular and other wireless communication towers, domestic water
WIND OR ELECTRIC GENERATION storage facilities, power plants,substations of electrical utilities,storage areas of
utilities providing electricity, and natural gas or other petroleum derivatives,
Over 50 MW including extension, expansions or enlargements thereof; pipelines of utilities
providing natural gas or other petroleum derivatives, including extensions,
expansions or enlargements thereof; road, park or other public way,ground or
space, public building or structure or public utility,whether publicly or privately
owned
47 NATURAL GAS-FIRED POWER 1041 Natural gas turbine power plant
PLANT
Over 120 MW
48 NATURAL GAS-FIRED POWER 1041 Natural gas turbine power plant
PLANT
Between 50 MW and 120 MW
49 CO-GENERATION ELECTRIC 1041 Also known as combined heat and power (cogeneration)or CHP,and total
PLANT energy,is a very efficient,clean,and reliable approach to generating power and
thermal energy from a single fuel source such as natural gas or bio-methane.
Over 50 MW Cogeneration plants recover the"waste heat"that is otherwise discarded from
conventional power generation to produce thermal energy.This energy is used
to provide cooling or heating for industrial facilities,district energy systems,and
commercial buildings.Through"waste heat recovery,"cogeneration power
plants achieve typical effective electric efficiencies of 70%to 90%—a dramatic
improvement over the average 33%efficiency of conventional fossil-fueled
power plants
50 ELECTRIC SUBSTATION 1041 See Major Facility of Public Utility
Over 115kv
51 IN-PARK ELECTRIC 1041 Electric utilities serving uses within this PUD
Over 115 kv
52 REPLACEMENT ELECTRIC 1041 Replacement,relocation and expansion of the PVREA Rockport Substation
SUBSTATION on-site,without limitation to voltage
Over 115 kv
5
EXHIBIT
z
OTIS, COAN & PETERS, LLC
Fred L.Otis Fort Collins Office
G. Brent Coan' 103 West Mountain Avenue, Suite 2B
Jennifer Lynn Peters Fort Collins.CO 80524
Michael D.Stewart www.nocolegal.com Telephone: 970-225-6700
Brett Payton" PLEASE REPLY TO GREELEY OFFICE Facsimile: 970-232-9927
Shannon D. Lyons
Daniel W.Jones Fred L.Otis
Charles M.Shoop flotis@nocolegal.com Greeley Office
Michael C. Payne 1812 56'"Avenue
David K. Stubbs Greeley, CO 80634
Sara K. Stieben Telephone: 970-330-6700
Jenna Seigel Facsimile: 970-330-2969
*Also licensed in Arizona
A Also licensed in California
March 16, 2011
Weld County Board of County Commissioners
915 Tenth Street
P.O. Box 758
Greeley, CO 80632
RE: Waiver Requests
Dear Commissioners:
1. Development Guide (Specific vs. Conceptual]. Applicant is requesting
administrative review of all subsequent reviews/approvals including final plats and
final site plans pursuant to Weld County Code ("WCC") Section 27-7-40. We believe
this request is needed because paragraph H of the Staff Recommendation (which the
Planning Commission adopted) indicated that the Staff found that the Applicant had
filed its application under the "Conceptual Guide". Applicant continues to believe it
has met the requirements to have its final plan processed under the "Specific Guide".
2. 80 Acre Requirement. Applicant is requesting a waiver of the non-urban PUD 80
acre open space parcel requirement found at WCC Section 27-2-210. The specific
waiver is from the sentence that says "A PUD not served by public water shall
preserve a minimum eighty-acre agricultural outlot except for Cluster PUDs."
Applicant believes this particular section of the Code had in mind a residential
development where everything but the 80 acres would be densely developed. In
Applicant's case, there will be a maximum of 9 lots on 640 acres and the smallest lot
will be a minimum of 35 acres.
3. Landscaping. Applicant is requesting a waiver of on-site landscaping requirements
required of PUDs, i.e.,WCC 27-2-100; 27-4-20 (13); 27-6-30; 27-6-60 (1); 27-6-60
B(2); 27-6-60 B(3) and 27-9-30. Given the expectation that the PUD will be served
the Doyle Building/1812 56th Avenue/Greeley,Colorado 80634/ telephone:970 330-6700/Fax:970-330-2969/wwwnocolegal.com
Weld County Commissioners
Page 2 of 2
by Commercial Exempt wells that do not allow outside watering, it will be
impractical to expect the on-site landscaping required by the foregoing sections.
4. 1041 waivers under WCC, Section 21-2-20 D2.
a. Building new or relocation and expansion of the existing substation to 115
KV or greater inside the PUD.
b. Utility lines inside the PUD including, but not limited to, gas and electric lines
that exceed the minimum requirements to require a 1041.
c. One natural gas fired power plant up to but not exceeding 120 megawatts.
Sincerel
FRED L. OTIS
Attorney at Law
PZ-1158 -- 1041 Waiver Requests
1. Applicant is requesting only three very specific waivers:
a. Building new or relocation and expansion of the existing substation to 115 KV or
greater inside the PUD.
b. Utility lines inside the PUD including, but not limited to, gas and electric lines that
exceed the minimum requirements to require a 1041.
c. One natural gas fired power plant up to but not exceeding 120 megawatts.
2. WCC 21-2-20 D 2 in pertinent part indicates that:
"The following activities are exempt from the permit process:
D. Any system, extension or project necessary to serve any subdivision or other use
approved under the zoning, subdivision or other land use regulations of the County as set
forth in this Code ...which meets one of the following criteria:
2. That the Board of County Commissioners specifies in its approval of the
subdivision or other land use that separate review of the system, extension or
proposal is not necessary under the Section 1041 Regulations."
3. Separate review under the 1041 Regulations is not necessary because:
a. The request is very narrow—three exemptions—does not include all permitted uses,
just three.
b. An energy park without the ability to move the power within the PUD is ineffective.
c. Adequate protections for the County are already in place via Requirements and
approved uses in the Use Table, including environmental, traffic, etc.
d. This is a 640 acre PUD, all movement via new facilities will be within the PUD.
No new transmission lines, substations or buildings will be out of the PUD.
e. No improvements of any kind will be made offsite.
f. Necessary to finance the Park.
4. WCC 21-2-20 D 2 allows subjective discretion to the Board of County Commissioners to
determine that separate review under 1041 Regulations of the three requested items is "not
necessary", but waiver under this section must be done at the time of approval of the
"...subdivision or other land use...".
Christie Peters
From: Bruce Barker
Sent: Thursday, March 17, 2011 5:19 PM
To: Christie Peters
Cc: Esther Gesick
Subject: RE: Draft Resolution RE: PZ-1158, Rawah Resources, LLC, do Niobrara Energy Park, LLC,
3/16/2011
Attachments: RE110652.doc
See the attached. Includes all of the Board's changes from yesterday.
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
915 10th Street
Greeley, CO 80632
(970) 356-4000, ext.4390
Fax: (970) 352-0242
8 41 201
W E001C0 UN T�
u
Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Christie Peters
Sent: Thursday, March 17, 2011 9:13 AM
To: Bruce Barker
Cc: Esther Gesick
Subject: RE: Draft Resolution RE: PZ-1158, Rawah Resources, LLC, c/o Niobrara Energy Park, LLC, 3/16/2011
Good morning Bruce,
Here you go . . .
Thanks,
Christie Peters
Deputy Clerk to the Board
915 10th Street, Greeley, CO 80631
970-356-4000, ext: 4228
cmpeters@co.weld.co.us
1
DRAFT RESOLUTION
RE: GRANT CHANGE OF ZONE, PZ#1158, FROM A(AGRICULTURAL)ZONE DISTRICT TO
PUD (PLANNED UNIT DEVELOPMENT) ZONE DISTRICT, WITH C-3 (BUSINESS
COMMERCIAL)AND 1-3(INDUSTRIAL)USES,FOR NINE(9)PARCELS OF 35 ACRES IN
SIZE OR GREATER, OPEN SPACE,AND CONTINUING OIL AND GAS PRODUCTION-
RAWAH RESOURCES, LLC, C/O NIOBRARA ENERGY PARK, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,a public hearing was held on the 16th day of March, 2011, at 10:00 a.m.,for the
purpose of hearing the application of Rawah Resources, LLC, c/o Niobrara Energy Park, LLC, 2725
Rocky Mountain Avenue, Suite 400, Loveland, Colorado 80538, requesting Change of Zone,
PZ#1158, from the A (Agricultural) Zone District to the PUD (Planned Unit Development) Zone
District with C-3(Business Commercial)and 1-3(Industrial)uses, having nine(9)parcels of 35 acres
in size or greater, open space, and continuing oil and gas production—Niobrara Energy Park, for a
parcel of land located on the following described real estate, to-wit:
All of Section 19,Township 11 North, Range 66 West
of the 6th P.M., Weld County, Colorado, and 7
WHEREAS, the applicant was present/represented by [REPRESENTATIVE], [REP
ADDRESS],
WHEREAS, Section 27-6-120 of the Weld County Code provides standards for review of
said Change of Zone, and
WHEREAS,the Board of County Commissioners heard all the testimony and statements of
those present, studied the request of the applicant and the recommendation of the Weld County
Planning Commission and, having been fully informed, finds that this request shall be approved for
the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 27-5-30 of the Weld County Code.
2. The request is in conformance with Section 27-6-120.D as follows:
a. Section 27-6-120.D.5.a - The proposal is consistent with any
Intergovernmental Agreement in effect influencing the PUD, and Chapter 19
(Coordinated Planning Agreements), Chapter 22 (Comprehensive Plan),
Chapter 23 (Zoning), Chapter 24 (Subdivision) and Chapter 26 (Mixed Use
Development)of the Weld County Code. The proposed site is not influenced
by an Intergovernmental Agreement (IGA), nor is it located within an Urban
Growth Boundary. The proposal is consistent with the aforementioned
documents as follows:
1) Section 22-2-20.G (A.Goal 7) states, "County land use regulations
should protect the individual property owner's right to request a land
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use change." Further, Section 22-2-20.G.1 (A.Policy 7.1), states
"County land use regulations should support commercial and
industrial uses . . . when the impact to surrounding properties is
minimal, or can be mitigated, and where adequate services are
currently available or reasonably obtainable." The application states
the development is proposed to utilize commercial exempt wells
on 35 acres, and greater tracts of land with expanses of open space
to accommodate the existing topography and the Little Owl Creek
Drainage basin. The proposed development has the support of
public and private research institutions, research foundations,
privately held technology companies, the Northern Colorado
Economic Development Corporation, and Upstate Colorado
Economic Development Organization.
2) Section 22-2-80.F (I.Goal 6) states, "Minimize the incompatibilities
that occur between industrial uses and surrounding properties." The
application states the development is proposed to address the new
energy economy utilizing current and technological advancement
unforeseen in 2011. The tract of land under review is an entire
section that borders State and private lands. All of the adjacent
property owners have been contacted by the applicant; and to the
applicant's best knowledge,the majority lend their full support for the
proposed development as evidenced by signed affidavits in the
application. The applicant acknowledges that permitting of the
development at the final plat application stage will require resolution
of transportation, drainage, utility, waste issues, site specific design
and development of each parcel of land created through the PUD
Final Plat application process.
3) Section 22-4-30.F(WA.Goal 6)states, "Development should occur in
areas where adequate water quantity and quality is currently
available or reasonably obtainable." Further, Section 22-4-30.F.1
(WA.Policy 6.1) states, "Applications for proposed development
should fully assess proposed water sources as being adequate in
terms of the quantity, dependability and quality needed for the
proposed use." The Weld County Code indicates applications should
also describe whether the proposed water is currently available for
use or reasonably obtainable. An electronic mail transmission,dated
January 24, 2011, from the County Attorney's office indicates the
requirement of providing adequate water has been satisfied for the
purposes of the Change of Zone (COZ). In addition, the application
materials include evidence that the applicant has a one-half water
share of Cache la Poudre Reservoir Company. The referral
response dated February 2, 2011, from the Office of the State
Engineer - Division of Water Resources, indicates the submitted
materials do not qualify as a "subdivision" as defined in Section 30-
28-101(10)(a) Colorado Revised Statutes (C.R.S.). The proposed
source of water for the property is four(4)commercial exempt wells,
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permit numbers: 284364, 284365, 284366, and 284367,which have
yet to be constructed. The use of water from these wells is limited to
drinking and sanitary facilities for a commercial business, and may
not be used for domestic, industrial, landscape irrigation or any other
outside purpose. The referral response dated February 17, 2011,
from the Weld County Department of Public Health and Environment
states that Chapter 27 of the Weld County Code has been satisfied in
regards to Individual Sewage Disposal Systems (I.S.D.S.).
4) Section 22-3-60.C (T.Goal 3)states, "Promote a unified, functionally
integrated and coordinated County-wide street and highway system
that moves people and goods in a safe, economical and efficient
manner." Further, Section 22-3-60.C.4(T.Policy 3.4)states, "Ensure
that all road, street and highway facilities are developed, constructed
and maintained in accordance with adopted County standards or
approved alternate development standards. Ensure that road,street
and highway rights-of-way are dedicated or reserved for the public
use." Section 22-3-60.C.5 (T.Policy 3.5) states, "Recognize U.S.
Highway 85 as a key roadway into the County and support its
improvement. Support adjacent commercial and industrial uses in a
functional and attractive manner in order to preserve jobs and take
advantage of existing infrastructure." Traffic generated by the
proposed development will conform to the recommendations and
requirements of the Weld County Department of Public Works and
the Colorado Department of Transportation (CDOT). The referral
response dated January 28, 2011,from CDOT states, "CDOT has no
comment regarding the zoning request, but as development moves
forward, there will be traffic impacts to U.S. Highway 85 and
potentially Interstate 25. Traffic impacts will need to be identified in a
traffic impact study and the applicant responsible for their
construction. CDOT looks forward to reviewing that document."
5) Section 22-5-120.A (NR.Goal 1) states, "Support efforts to expand
the responsible use of other natural resources in the County."
Section 22-5-130 addresses alternative energy resources: "Due to
the volatility of traditional energy resources,the County supports and
encourages development and use of alternative energy resources.
Alternative energy sources do not replace the traditional sources of
energy; rather, expanding global energy demands require a "new
energy economy"that supports and enhances traditional sources of
energy."
6) Section 22-5-140 addresses alternative energy resources Goals and
Policies, specifically; Section 22-5-140.A(AE.Goal 1)addresses the
policy of support and research, development and use of alternative
energy resources. This goal addresses AE.Policy 1.1 through 1.6
paraphrased here: 1.1) attract and encourage alternative energy
support industries that are involved in manufacturing, distribution or
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PAGE 4
research; 1.2) support the development of biofuels; 1.3)support the
commercial development of wind and solar energy, and 1.4-1.6)
support the development and use of other alternative energy
resources.
7) Section 22-6-20.B.2 (ECON.Policy 2.2) states, "Foster a good
working relationship between the public and private sectors,
recognizing that such a relationship supports economic
development." Section 22-6-20.C.1 (ECON.Policy 3.1) states,
"County activities and regulation should protect the rights of private
property owners and the public health, safety and welfare,
recognizing that these basic rights and protections allow the free
market to prosper and grow the local economy." The application
states the development is proposed to address the new energy
economy utilizing current and technological advancement. Multiple
new technology/green energy commercial applications are being
courted for this proposed energy park. The proposed development
has the support of public and private research institutions, research
foundations, privately held technology companies, the Northern
Colorado Economic Development Corporation, and the Upstate
Colorado Economic Development Organization, to name a few. All
letters of support are included in the application materials.
b. Section 27-6-120.D.5.b - The uses which will be allowed in the proposed
PUD will conform to the Performance Standards of the PUD Zone District
contained in Chapter 27, Article II, of the Weld County Code.
1) Section 27-2-40, Bulk requirements -- The applicant intends to
adhere to the Commercial (C-3) and Industrial (1-3) Zoning
requirements, in regards to bulk standards and lot sizes, unless
otherwise specified on the plat. The applicant is seeking latitude to
construct facilities that may be similar in use, as defined in the
Business Commercial (C-3)and Industrial(1-3)Zone Districts, and as
delineated on the Niobrara Energy Park PUD Allowed Uses Table. In
addition to the specific uses allowed by the Weld County Code, the
uses identified herein, considered to be a part of the Colorado New
Energy Economy, are included as an allowed use. The commercial
component seeks to provide a range of activities and professional
services, including: stores and shops furnishing services and
merchandise to the general public, and professional offices; data
centers; research laboratories associated with educational
institutions; and microwave, commercial radio, television or
communications transmission or relay towers. The industrial
component is directly related to the production of energy, i.e., wind,
solar, co-generation, gas, gathering and processing and alternative
energy creation, manufacturing storage and distribution technologies
including a smart grid facility. All uses located within the Commercial
or Industrial Zone Districts will be subject to a Site Plan Review, at a
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minimum , and , in some instances, a 1041 Use by Special Review
Permit, as outlined in the Weld County Code or as otherwise
described on the Change of Zone plat land use summary list.
2) Section 27-2-70. Compatibility -- The property is adjoining a large
rangeland and a large-scale energy corridor which includes two (2)
major high-voltage sets of lines, three (3) large-scale high-pressure
gas lines, and one (1 ) oil pipeline flanks the easternmost property
line. Within 4,000 feet to the east, there exists a national "fiber
highway" of large-scale fiber optic backbone infrastructure. The
Poudre Valley REA has a substation to the south adjacent to the
(Western Area Power Administration (WAPA)on)APA ck w/ planner//
Tri-State Generation and Transmission Line. County Road 126
follows the topography, high to the east sloping to the west and rising
again at the curve to the west towards the Townsite of Carr,
Colorado. Carr Townsite is two (2) miles to the west and the Pawnee
grasslands are one (1 ) mile to the east. The Cheyenne HUB is two
(2) miles to the north-northeast. The proposed PUD is uniquely
located in the near vicinity of a rapidly expanding oilfield and
renewable energy area; near utility corridors and transportation
networks, including the Interstate 25 and U . S . Highway 85 corridors;
and in a strategic location to target energy related industries, support
services and an educated workforce of public and private
researchers, government agency personnel , and industry
representatives. This proposed PUD has the potential to enable the
"new energy economy" to expand to meet the regional energy
demands of Weld County, the Northern Front Range, and Colorado,
while enhancing traditional sources of energy to meet the needs of
the present.
3) Section 27-6-90, Signage -- Section 27 2 90.C(??check w/ planner)
states, "Signage wit lin a PUD s is ac acre to a requirements in t uis
Chapter and Chapters 23 and 26 of this Code, if applicable." The
identification sign will meet the height and size requirements of the
Weld County Code. Planned Unit Development signs adhere to the
size standards of signs for Commercial and Industrial uses, which is
150 square feet at a height no greater than twenty-five (25) feet, per
Section 23-4-80 and Appendix 23-C and 23-D of the Weld County
Code. The applicant has not specified if entryway signage will be
utilized at the two (2) proposed points of ingress and egress.
c. Section 27-6-120. D.5.c — The uses which will be permitted shall be
compatible with the existing or future development of the surrounding area,
as permitted by the existing zoning , and with the future development, as
projected by Chapter 22 of the Weld County Code or master plans of
affected municipalities. The proposed PUD is not located within the three (3)
mile referral area or coordinated planning area of any municipality. It is
located within three (3) miles of the Townsite of Carr, Colorado. The site is
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located between Interstate 25 and U.S. Highway 85 on County Road 126,
which is the only paved road connecting two major transportation corridors.
The proposed development is located two (2) miles south of the Cheyenne
HUB and adjacent to two (2) transmission lines and pipeline corridors with
sufficient electrical service from the Poudre Valley REA presently sited on the
south side of County Road 126. Large tracts of rangeland land owned by
private and state interests dominate.
d. Section 27-6-120.D.5.d -- The PUD Zone District shall be serviced by an
adequate water supply and sewage disposal system in compliance with the
Performance Standards, Article II, of the Weld County Code.
1) Section 27-2-210 -- Water Provisions states, "A PUD Zone District
shall be serviced by an adequate water supply. All PUDs shall be
served by a public water system as defined in this Chapter. An
exception may be granted for nine (9) lots or less when public water
is not available and the PUD results in an intensity of development
that preserves and enhances agricultural lands and production. A
PUD applying for an exception to the public water requirement must
be considered a non-urban scale development as defined in this
Chapter." Note a non-urban scale PUD is nine (9) lots or less, as
defined in the Weld County Code. "A PUD not served by public
water shall preserve a minimum eighty-acre agricultural outlot except
for Cluster PUDs." The Weld County Attorney's Office has indicated
in a referral response, dated January 24, 2011, that with the
safekeeping of the one-half water share of Cache la Poudre
Reservoir Company, the water is sufficient for the purposes of the
Change of Zone. The Weld County Department of Public Health and
Environment has indicated, in a referral response dated February 17,
2011,that Chapter 27 of the Weld County Code has been satisfied in
regards to Individual Sewage Disposal Systems(I.S.D.S). The Office
of the State Engineer— Division of Water Resources, in the referral
response, dated February 2, 2011, stated that "We have reviewed
the application for a Planned Unit Development Change of Zone for a
business park on 644 acres providing land uses that support and
expand the development of energy resources in Weld County. The
submitted material does not qualify as a "subdivision" as defined in
Section 30-28-101(10)(a) C.R.S." Further referrals will be sent to the
Division of Water Resources during the final plat process, which
could require water supply and augmentation plans. The Division of
Water Resources previously commented on the Planned Unit
Development Sketch Plan for this property in a letter dated
December 8, 2010. Based on the additional information provided in
this submittal, the applicant will not divide the property into less than
35-acre parcels. The proposed source of water for the property is
four(4) commercial exempt wells, permit numbers 284364, 284365,
284366, and 284367, which have yet to be constructed. The use of
water from these wells is limited to drinking and sanitary facilities for
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a commercial business, and may not be used for domestic, industrial,
landscape irrigation or any other outside purpose. If constructed,
these wells must be operated in accordance with their permitted
terms and conditions. The applicant has indicated that they will
comply with the requirements of commercial exempt wells.
Section 37-92-602(3)(b)(III), C.R.S., requires that the cumulative
effect of all wells in a subdivision be considered when evaluating
material injury to decreed water rights,and Section 30-28-101(10)(b),
C.R.S., states, "The terms 'subdivision' and 'subdivided land', as
defined in paragraph (a)of this subsection(10)shall not apply to any
division of land which creates parcels of land each of which
comprises thirty-five (35) or more acres of land and none of which is
intended for use by multiple owners." The applicant has been made
aware that if any of the-proposed parcels in the development is less
than thirty-five-(35)acres, all of the parcels are considered to be part
of a subdivision. However, so long as all parcels in the development
are thirty-five (35) acres, or more, the proposed wells (permit
numbers 284364, 284365, 284366, and 284367)may be constructed
and operated in accordance with their permitted conditions. The
ability of the applicant to obtain new well permits will be evaluated at
the time that additional well permit applications are submitted. The
environmental impact plan (Section 27-6-40) adequately addresses
all environmental impacts.
e. Section 27-6-120.D.5.e-Street or highway facilities providing access to the
property are adequate in functional classification, width, and structural
capacity to meet the traffic requirements of the uses of the proposed PUD
Zone District. County Road 126 is a collector road and requires an 80-foot
right-of-way at full buildout. There is presently a 60-foot right-of-way. This
road is maintained by Weld County. Pursuant to the definition of setback,
outlined in Section 23-1-90 of the Weld County Code,the required setback is
measured from the future right-of-way line. The Colorado Department of
Transportation (CDOT) states in the electronic referral dated January 28,
2011, "CDOT has no comment regarding the zoning request, but as
development moves forward,there will be traffic impacts to U.S. Highway 85
and potentially Interstate 25. Traffic impacts will need to be identified in a
traffic impact study and the applicant responsible for their construction.
CDOT looks forward to reviewing that document." The applicant shall obtain
an Access Permit for all PUD access(es) onto County Road 126.
f. Section 27-6-120.D.5.f - The applicant shall submit an Improvements
Agreement According to Policy Regarding Collateral for On-site Private Road
Maintenance with the Final Plan application. This agreement must be
reviewed by the Department of Public Works and shall be approved by the
Board of County Commissioners prior to recording any Final Plat. The
applicant shall submit Improvement Agreements according to Policy
Regarding Collateral for Off-site Public Road Maintenance with the Final
Plan application. This agreement must be reviewed by Public Works and
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shall be approved by the Board of County Commissioners prior to recording
any Final Plat. The anticipated roadway and drainage improvements will be
to the adjacent and surrounding roadway network, as well as improvements
related directly to the proposed Niobrara Energy Park PUD Development.
g. Section 27-6-120.D.5.g — There has been compliance with the applicable
requirements contained in Chapter 23 of the Weld County Code regarding
overlay districts, commercial mineral deposits, and soil conditions on the
subject site. The applicant will submit a preliminary Geotechnical
Engineering Report for the Niobrara Energy Park PUD with the Final Plat
application. Furthermore,the applicant has also deferred the submittal of the
Master Drainage Report and Stormwater Management Guide for the
Niobrara Energy Park PUD with the Final Plat application. The Weld County
Department of Public Works requires,for Final Plat approval of each Phase
of the Niobrara Energy Park PUD,the applicant shall submit the appropriate
documentation including Final Drainage Report and Final Construction
Drawings and Plans.
h. Section 27-6-120.D.5.h -- Consistency exists between the proposed Zone
District(s) uses and the Conceptual Development Guide. The submitted
Development Guide does reflect portions of the Performance Standards and
allowed uses described in the proposed Zone District, as described
previously. The applicant is requesting that this Change of Zone be
approved and that it be reviewed administratively at the Final Plat stage for
each parcel created within the PUD. The Weld County Department of
Planning Services is unablo to support this request,per Section 27-7 40.B.3,
as the applicant submitted a Conceptual Cuidc, or the equivalent to, for the
Change-of Zone application.- Staff has determined there is not sufficient
detail-to-administratively process and approve the Final Plan for the Niobrara
Energy Park PUD.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Rawah Resources, LLC, c/o Niobrara Energy Park, LLC,
for Change of Zone, PZ #1158, from the A (Agricultural) Zone District to the PUD (Planned Unit
Development)Zone District, with Business Commercial (C-3) and Industrial (1-3) uses, having nine
(9) parcels of 35 acres in size or greater, open space and continuing oil and gas production
(Niobrara Energy Park PUD). The Commercial and Industrial uses shall comply with all bulk
standards of each Zone District conditional upon the following:
1. Prior to recording the Change of Zone Plat:
A. The Change of Zone plat shall be amended, as follows:
1) All sheets of the plat shall be labeled PZ-1158.
2) The applicant shall adhere to the plat requirements in preparation of
the Change of Zone plat, per Section 27-9-20 of the Weld County
Code.
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3) The applicant shall request vacation of the sixty (60) foot wide
right-of-way, per Book 417, page 122. County Road 126 does not
exist in this location and there is no recorded document that has
been found which vacates this right-of-way. This referenced right-of-
way shall be removed from the plat.
4) The applicant shall request vacation of the thirty (30) foot wide
right-of-way, per Book 86, page 273, north of the centerline and west
of the northwesterly radius of the centerline for the new alignment of
County Road 126. County Road 126 does not exist in this location
and there is no recorded document that has been found which
vacates this right-of-way. This referenced right-of-way shall be
removed from the plat.
5) County Road 126 is designated on the Weld County Road
Classification Plan as a Collector Road, which requires 80 feet of
right-of-way at full buildout. There is presently 60 feet of right-of-way.
An additional 10 feet shall be delineated on the plat as future County
Road 126 right-of-way. All setbacks shall be measured from the
edge of future right-of-way. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way and this
information shall be noted on the plat. If the right-of-way cannot be
verified, it shall be dedicated. This road is maintained by Weld
County. All rights-of-way and easements shall be dimensioned and
referenced by Book and Page, and reception number(s) on the
Change of Zone plat.
6) The plat shall delineate the gas drilling envelope locations, per State
statute.
7) The plat shall delineate the setback radius for each oil or gas well,
pumps, heater treaters, separators,tank battery and other equipment
directly associated with the producing well, all of which must be
connected and functional.
8) The Niobrara Energy Park PUD—Allowed Commercial and Industrial
Use Table stipulating the Allowed Land Use, the Land Use
Application process, and a Definition of stated Allowed Land Use
shall be placed on any recorded plat.
9) "Weld County's Right to Farm" statement, as provided in
Appendix 22-E of the Weld County Code shall be placed on any
recorded plat
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B. The applicant shall submit three (3) paper copies of the plat, for preliminary
approval, to the Weld County Department of Planning Services.
2. The Change of Zone is conditional upon the following notes being added to the
Change of Zone plat prior to recording:
A. Change of Zone, PZ#1158, is from the A (Agricultural) Zone District to the
PUD (Planned Unit Development) Zone District, with Business Commercial
(C-3) and Industrial (1-3) uses, having nine (9) parcels of 35 acres in size or
greater, open space and continuing oil and gas production(Niobrara Energy
Park). The Commercial and Industrial uses shall comply with the bulk
standards of each Zone District.
B. A Commercial-Industrial Owner's Association shall be established prior to the
sale of any lot. Membership in the Association is mandatory for each parcel
owner. The Association is responsible for liability insurance, taxes and
maintenance of open space, streets, private utilities, and other facilities.
Open space restrictions are permanent.
C. Weld County's Right to Farm statement as delineated on this plat shall be
recognized at all times.
D. Signs shall adhere to Chapter 23, Article IV, Division 2, of the Weld County
Code. These requirements shall apply to all temporary and permanent signs.
E. Water service shall be obtained from four(4) individual commercial exempt
wells, permit numbers 284364, 284365, 284366, and 284367, to be located
on property greater than 35 acres, and permitted for commercial uses. The
use of water from these wells is limited to drinking and sanitary facilities for a
commercial business, and may not be used for domestic, industrial,
landscape irrigation or any other outside purpose. Additional wells may be
obtained.
F. This PUD is in rural Weld County and is not served by a municipal sanitary
sewer system. Sewage disposal shall be by septic systems designed in
accordance with the regulations of the Weld County Code in effect at the
time of construction, repair, replacement, or modification of the system.
G. A Stormwater Discharge Permit may be required for a
development/redevelopment/construction site where a contiguous or non-
contiguous land disturbance is greater than, or equal to, one(1)acre in area.
The applicant shall contact the Water Quality Control Division of the
Colorado Department of Public Health and Environment, at
www.cdphe.state.co.us/wq/permitsunit, for more information.
H. During development of the site, all land disturbances shall be conducted so
that nuisance conditions are not created. If dust emissions create nuisance
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conditions, at the request of the Weld County Department of Public Health
and Environment, a Fugitive Dust Control Plan must be submitted .
I . In accordance with the Regulations of the Colorado Air Quality Control
Commission , any development that disturbs more than five (5) acres of land
must incorporate all available and practical methods that are technologically
feasible and economically reasonable in order to minimize dust emissions.
J . If land development creates more than a 25-acre contiguous disturbance, or
exceeds six (6) months in duration , the responsible party shall prepare a
Fugitive Dust Control Plan , submit an Air Pollution Emissions Notice, and
apply for a permit from the Colorado Department of Public Health and
Environment.
K. Activities such as construction (i.e. , auxiliary structures, dirt mounds,
etcetera) activities are expressly prohibited in the designated septic system
absorption field site.
L. Building permits shall be obtained prior to the construction of any structure.
M . Necessary personnel from the Weld County Departments of Planning
Services, Public Works, and Public Health and Environment shall be granted
access onto the property at any reasonable time in order to ensure the
activities carried out on the property comply with the Conditions of Approval
stated herein and all applicable Weld County regulations.
N . The site shall maintain compliance, at all times, with the requirements of
the Weld County Government and the adopted Weld County Code and
Policies.
O. No development activity shall commence on the property, nor shall any
building permits be issued , until the Final Plan has been approved and
recorded .
P. Development within the Niobrara Energy Park PUD is subject to additional
land use permitting , as delineated in the allowed commercial and industrial
use table as shown on the plat for the Niobrara Energy Park PUD. A Site
Plan Review application is required on all items except those noted that may
require a permit issued pursuant to Chapter 21 of the Weld County Code
on each lot within
the site. No permit pursuant to Chapter 21 of the Weld County Code shall be
required for any lot upon which the following uses shall be located :
1 ) Building new or relocation and expansion of the existing substation
to 115 KV or greater inside the PUD; or
2) Utility lines inside the PUD including , but not limited to, gas and
electric lines that exceed the minimum requirements to require a
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1041 ; or
3) One natural gas fired power plant up to but not exceeding 120
megawatts.
Q. The applicant shall comply with Section 27-8-50 of the Weld County Code,
as follows: Failure to submit a Planned Unit Development Final Plan - If a
PUD Final Plan application is not submitted within three (3) years of the date
of the approval of the PUD Zone District, the Board of County
Commissioners shall require the landowner to appear before it and present
evidence substantiating that the PUD project has not been abandoned and
that the applicant possesses the willingness and ability to continue with the
submission of the PUD Final Plan. The Board may extend the date for the
submission of the PUD Final Plan application and shall annually require the
applicant to demonstrate that the PUD has not been abandoned . If the
Board determines that conditions or statements made supporting the original
approval of the PUD Zone District have changed , or that the landowner
cannot implement the PUD Final Plan , the Board of County Commissioners
may, at a public hearing , revoke the PUD Zone District and order the
recorded PUD Zone District reverted to the original Zone District.
R. The PUD Final Plan shall comply with all regulations and requirements of
Chapter 27 of the Weld County Code.
3. The Change of Zone plat map shall be submitted to the Weld County Department of
Planning Services for recording within sixty (60) days of approval by the Board of
County Commissioners. With the Change of Zone plat map, the applicant shall
submit a digital file of all drawings associated with the Change of Zone application .
Acceptable CAD formats are .dwg , .dxf, and .dgn (Microstation); acceptable GIS
formats are .ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB) . The
preferred format for images is .tif (Group 4) . (Group 6 is not acceptable). This digital
file may be sent to maps@co.weld .co. us.
4. In accordance with Weld County Code Ordinance #2005-7, approved June 1 , 2005,
should the plat not be recorded within the required sixty (60) days from the date of
the Board of County Commissioners Resolution, a $50.00 recording continuance
charge shall added for each additional three (3)month period .
5. At the time of Final Plan application submittal:
A. Athough this Change of Zone application Is not considered to be a
"Conceptual Development Guide" for the purposes of Sections 27-6-20. C.
and 27-7-40. D. 1 . of the Weld County Code, the applicant shall comply with
the submittal requirements Section 27 6 20.C requires the applicant to
submit and meet all criteria for a Specific Development Guide, including any
information not a part of the Change of Zone Development Guide. At a
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minimum, Sections 27-6-30 through 27-6-110 of the Weld County Code will
be addressed in sufficient detail.
B. Section 27-5-30.J requires a copy of an existing easement or dedicated
right-of-way when it is contiguous to an easement or right-of-way of the
proposed Planned Unit Development.
C. Section 27-5-70.6.5 requires a description of the functional classification,
width and structural capacity of the street, and highway facilities which
provide access to the PUD Zone District. If the street or highway facilities
providing access to the PUD Zone District are not adequate to meet the
requirements of the proposed district, the applicant shall supply information
which demonstrates the willingness and financial capability to upgrade the
street or highway facilities in conformance with Sections 22-3-60 through
22-3-190 of the Weld County Code.
D. Section 27-5-70.B.8 requires a description and statement from the
representative of the provider of the utilities which demonstrates that there
are adequate utility provisions available to serve the development.
E. Easements shall be shown in accordance with County standards and/or
Utilities Coordinating Advisory Committee recommendations, and
dimensioned on the final plat. Easements shall follow rear and side lot lines
and shall have a minimum total width of twenty(20)feet apportioned equally
on abutting properties. Where front line easements are required,a minimum
of fifteen (15) feet shall be allocated as a utility easement.
F. The applicant shall provide the Weld County Department of Planning
Services with three(3) copies of the Bylaws and Articles of Incorporation for
the Commercial-Industrial Owner's Association; including three(3)copies of
the Restrictive Covenants for Niobrara Energy Park PUD for review by the
Weld County Attorney's Office. Any changes requested by the Weld County
Attorney's Office shall be incorporated.
G. The applicant shall submit development Covenants for Niobrara Energy Park
PUD. The Covenants shall state, "Activities such as construction activities
(i.e., auxiliary structures, dirt mounds, etcetera) are expressly prohibited in
the designated absorption field site." The Covenants shall also address
signage requirements and refer to the Weld County Code.
H. The applicant shall provide the Weld County Department of Public Works
with stamped, signed, and dated final plat drawings and
roadway/construction and grading plan drawings for review. Construction
details must be included.
The applicant shall submit the road layout, including the road name
nomenclature, for review by all referral agencies and for preliminary
addressing of the subdivision lots by Filing or Phase.
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J. Stop signs and street name signs will be required at all intersections and
shown on the final roadway construction plans.
K. Section 27-5-70.6.7 requires all development within a PUD Zone District
shall adhere to the storm drainage design and technical criteria regulations in
Section 24-7-130 of the Weld County Code. The historic stormwater
drainage patterns and runoff amounts will be maintained. The developer will
be required to submit a detailed Site-wide Master Drainage Plan and
engineering study, prepared by a Colorado licensed engineer that shows
both the undeveloped and developed drainage patterns. The drainage study
shall track the route of off-site stormwater discharges to a natural drainage
course such as a creek or river. Off-site discharge shall not damage
downstream property, roads or bridges. The developer will be required to
mitigate any downstream impacts caused by said development.
L. At the time of submittal of the first Final Plat application, the applicant shall
also submit a Final Drainage Report for the platted area. The report must be
stamped,signed, and dated by a professional engineer licensed in the State
Colorado. The First Final Plat Drainage Report must address the
requirements listed in Section 8-11-120 of the Weld County Code. A
Drainage Report Checklist has previously been provided to the applicant's
engineer and shall be utilized by the engineer in the completion of the Master
and Final Plat Drainage Reports. The reports shall evaluate the 5-year storm
and 100-year storm flows both entering and leaving the development.
Detention of the 100-year storm developed condition while releasing at the 5-
year pre-development rate is required to protect downstream properties. The
drainage design shall prevent erosive conditions in the natural drainageways.
M. Final grading, drainage construction, erosion and sediment control plans,
and water quality control plans (conforming to the Master Drainage Report)
for the platted area must be stamped, signed, and dated by a professional
engineer licensed in the State of Colorado, and shall be submitted for review
and approval at the time of First Final Plat.
N. The Geotechnical Report will need to be revised for the Final Plat phase of
the Planning process to include a preliminary pavement design for the roads
to be constructed within the property. The Final Plat Geotechnical Report
needs to be updated to reference appropriate sections of the International
Building Code (IBC). The revised geotechnical soil report will address
groundwater and boring data used in pavement design.
O. For the First Final Plat application,the applicant shall submit a re-vegetation
plan of all areas disturbed during construction. The plan shall include
information regarding plant type, installation methods, and maintenance.
P. For the First Final Plat application, the applicant shall submit a construction
schedule in accordance to Section 27-2-200 of the Weld County Code.
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Q. The applicant shall submit a Final Phasing Plan for all Filings and Phases of
this development.
R. As-Built survey data and plans of all drainage facilities, including elevations
of all storm drain pipes, headwalls, inlets, swales, detention pond outlet
structures giving locations and elevations of key features, shall be submitted
in digital format to Weld County upon completion of construction and final
acceptance by the County.
S. The applicant shall submit written evidence from the Nunn Fire Protection
District stipulating that there is adequate fire flow for all areas within this
development, or that there is an adequate means to address emergency fire
related events. Further, the evidence shall include a written sign-off from the
Fire Marshall for the Nunn Fire Protection District.
T. The applicant shall submit, to the Weld County Department of Planning
Services, a copy of an agreement with the property's utility owners and
lessees stipulating that the existing gas and electric utility easements and/or
activities have adequately been incorporated into the design of the site.
U. A detailed Traffic Study following the Traffic Study checklist will be required
at the time of the Final Plat application. Roadway improvements including,
but not limited to, auxiliary lanes, widened radii and consolidation of
accesses maybe required. The applicant shall fully fund the roadway
improvements triggered by this development. County Road 126 is classified
as a collector roadway. The applicant should utilize the two (2) existing
accesses to this parcel; due to sight distance and other public safety issues,
additional accesses will not be granted
V. The Weld County Building Technician will provide addresses at the time of
Final Plat. The subdivision street name and lot addresses shall be submitted
to the Nunn Fire Protection District, the Weld County Sheriffs Office, Weld
County Paramedic Service, and the Post Office for review. Written evidence
of approval shall be submitted to the Weld County Department of Planning
Services.
W. National Pollutant Discharge Elimination System (NPDES) requirements will
dictate that the applicant obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment. A copy of this
permit and a Best Management Practices Erosion Control Plan will be
required by the Weld County Department of Public Works as part of the Final
Plan submittal. No site grading will be permitted until these documents have
been submitted and reviewed.
X. The applicant shall submit written evidence of an accepted erosion control
plan from the West Greeley Soil Conservation District specific to buffer areas
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adjacent to Little Owl Creek, defined drainage-ways and ditches to protect
against erosion.
Y. The applicant shall submit details of the proposed mailbox areas to the
appropriate postal district for review and approval. Any required changes
shall be indicated on the Final plat. Further, the applicant shall verify that
each facility meets the intent of the Americans with Disabilities Act(ADA)for
access.
Z. The applicant shall provide the Weld County Department of Planning
Services with a Sign Plan that conforms to Chapters 23 and 27 of the Weld
County Code.
AA. At such time as the realigned County Road 126 is accepted and open for
traffic, the applicant shall provide the Weld County Departments of Public
Works and Planning Services with a request to vacate a portion of the
existing County Road 126 as described in Book 417, Page 122, for review
and approval by the Board of County Commissioners.
BB. The applicant shall submit written evidence from the Colorado Division of
Wildlife (CDOW) addressing any requested buffer areas adjacent to Little
Owl Creek, unnamed drainage-ways, mapped wetlands and riparian areas
regarding protection from impacts to wildlife, existing and proposed
vegetation, and disturbance including issues of noxious weeds.
CC. The applicant shall contact the Vegetation Weed Management Specialist at
the Weld County Department of Public Works to develop a weed
management plan. The approved plan shall be included in the Final Plan
application.
DD. The applicant shall submit a digital file of all drawings associated with the
Final Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn
(Microstation); acceptable GIS formats are ArcView shapefiles or ArcGIS
Personal GeoDataBase (MDB). The preferred format for images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
EE. The applicant acknowledges that referral agencies will be notified at time of
final plan submittal and that the applicant will be required to address the
referral comments.
FF. The Colorado Department of Transportation (CDOT) may require
improvements to U.S. Highway 85 as it relates to impacts associated with
development and the applicant acknowledges that these impacts have been
deferred to final plat and site plan. Prior to recording any final plat or site
plan, these issues will be addressed.
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GG. The applicant shall address the requirements and concerns of Public Service
of Colorado, as stated in the referral response dated February 9, 2011.
Written evidence of such shall be submitted to the Weld County Department
of Planning Services
6. At the time of application for any Plat subsequent to the First Final Plat:
A. The applicant shall provide the Weld County Department of Public Works
with stamped, signed, and dated final plat drawings and
roadway/construction and drainage/grading plan drawings for review.
Construction details must be included.
B. At the time of submittal of a subsequent Final Plat application, the applicant
shall submit a Final Drainage Report for the new platted area. The report
must be stamped, signed, and dated by a professional engineer licensed in
the State of Colorado. The Revised Final Plat Drainage Report must
address the requirements listed in Section 8-11-120 of the Weld County
Code. A Drainage Report Checklist has previously been provided to the
applicant's engineer and shall be utilized by the Engineer in the completion of
the Master and all subsequent Final Plat Drainage Reports. The reports
shall evaluate the 5-year storm and 100-year storm flows both entering and
leaving the development. Detention of the 100-year storm developed
condition, while releasing at the 5-year pre-development rate, is required to
protect downstream properties. The drainage design for the subsequent
Final Plat(s), and parcels under review shall demonstrate how the proposed
development will integrate with the Master Drainage Plan for the site. The
drainage design shall prevent erosive conditions in the natural drainageways.
C. Final grading, drainage construction, erosion and sediment control plans,
and water quality control plans (conforming to the Drainage Report) for the
new platted area stamped, signed, and dated by a professional engineer
licensed in the State of Colorado shall be submitted for review and approval.
D. The applicant shall submit a site specific Final Geotechnical Engineering
Report for the parcel of land under review within the Niobrara Energy Park
PUD.
E. The applicant shall submit a re-vegetation plan of all areas disturbed during
construction. The plan shall include information regarding plant type,
installation methods, and maintenance.
F. Section 27-5-70.B.6 requires a traffic impact analysis prepared by a
registered professional engineer competent in traffic engineering which shall
be provided by the developer. This report shall address the impacts of the
development of this subsequent Final Plat on the internal and external road
networks.
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G . Section 27-5-70. B. 11 requires adjacent roadways shall be designed to meet
the full typical section specified by the Weld County Department of Public
Works and Chapter 24 of this Code. Required improvements may include
the construction of travel lanes, shoulders, bike lanes, medians, curb, gutter
and sidewalks, for example, as well as the acquisition of right-of-way and
construction easements that will be dedicated to the public. Improvements
attributed to the development shall be consistent with the direct impact a
particular development has on the Weld County road system as determined
by a professional transportation study.
H. The applicant shall submit collateral for all improvements associated with the
development of a commercial or industrial parcel, prior to recording the Site
Plan Review (SPR) or Use by Special Review Permit (USR) P, lat associated
with a permit issued pursuant to Chapter 21 of the Weld County Code 1041
Usc by Special Review (USR) and a non 1041 USR on each lot within the
site. No permit pursuant to Chapter 21 of the Weld County Code shall be
required for any lot upon which the following uses shall be located :
1 ) Building new or relocation and expansion of the existing substation
to 115 KV or greater inside the PUD; or
2) Utility lines inside the PUD including , but not limited to, gas and
electric lines that exceed the minimum requirements to require a
1041 ; or
3) One natural gas fired power plant up to but not exceeding 120
megawatts.
1041 or non 1041 regulations.
7. Prior to recording any Final Plat(s) :
A. Original copies of the approved covenants, along with the appropriate
recording fee (currently $6.00 for the first page and $5.00 for subsequent
pages) , shall be submitted to the Weld County Department of Planning
Services.
B. The applicant shall submit Certificates from the Secretary of State showing
the Commercial-Industrial Owner's Association has been formed and
registered with the State of Colorado.
C. An Improvements Agreement will be required prior to recording of the final
plat. The agreement and form of collateral shall be submitted to, and
reviewed by, the Weld County Departments of Planning Services and Public
Works, and accepted by the Board of County Commissioners prior to
recording the final plat.
D. The Final Plan plat map shall be submitted to the Weld County Department
of Planning Services for recording within sixty (60) days of approval by the
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Board of County Commissioners. With the Final Plan plat map, the applicant
shall submit a digital file of all drawings associated with the Final Plan
application . Acceptable CAD formats are .dwg , .dxf, and .dgn (Microstation);
acceptable GIS formats are .ArcView shapefiles or ArcGIS Personal
GeoDataBase (MDB) . The preferred format for images is .tif (Group 4) .
(Group 6 is not acceptable) . This digital file may be sent to
maps@co.weld .co. us.
E. The applicant shall submit an Improvements Agreement and Collateral that
addresses On-Site and Off-Site Improvements, and Long Term Maintenance,
according to Policy Regarding Collateral for Improvements. These
agreements must be reviewed by the Weld County Departments of Public
Works and Planning Services and shall be approved and collateral accepted
by the Board of County Commissioners.
F . No eighty-acre agricultural outlot, as referred to in Section 27-2-210 of the
Weld County Code, shall be required to be preserved .
8. Prior to release of collateral :
A. Release of collateral shall follow procedures as identified in County Code
Policy Regarding Collateral for Improvements and enumerated in the
Improvements Agreement(s) .
The above and foregoing Resolution was, on motion duly made and seconded , adopted by
the following vote on the 16th day of March , A. D. , 2011 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
Sean P. Conway, Pro-Tern
BY:
Deputy Clerk to the Board
William F. Garcia
APPROVED AS TO FORM :
David E. Long
County Attorney
Douglas Rademacher
Date of signature:
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CERTIFICATION
RE: NOTIFICATION OF MINERAL INTEREST OWNERS AND LESSEES IN
PZ 1158
The undersigned Applicant certifies compliance with the provisions of C.R.S. §24-65.5-103(1).
No notices were sent because there are no mineral estate owners who meet the criteria set forth
in C.R.S. §24-65.5-103(1)(I) (A) or(B).
APPLICANT:
Rawah Resources C, c/o Craig Harrison
B .
Its: t'S't.-`r—
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this (1j `day of March,2011 by
Craig Harrison as M,, lit v of Rawah Resources, LLC.
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