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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/05/2001 - SECOND READING OF ORDINANCE NO. 57, 2001, AUTHORIZ AGENDA ITEM SUMMARY ITEM NUMBER: 25 DATE: June.S, 2001 FORT COLLINS CITY COUNCIL FROM: Steve Comstock SUBJECT: Second Reading of Ordinance No. 57, 2001, Authorizing the Conveyance of an Easement to Wyoming Interstate Company for Construction of a 36-inch Gas Pipeline. RECOMMENDATION: Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY: Wyoming Interstate Company proposes to build a new gas pipeline from Douglas, Wyoming to a station south of Cheyenne, Wyoming as part of the Medicine Bow lateral to increase transportation capacity of its current system in Colorado and Wyoming. This easement will parallel an existing easement granted by the City in May 1999. A portion of this proposed pipeline crosses City-owned Meadow Springs Ranch. This project has been determined to be "in the public interest" and has been approved by the Federal Energy Regulatory Commission. The Company's offer is consistent with those made to adjacent landowners. An environmental assessment has been done for the proposed route. Ordinance No. 57, 2001, was adopted 6-1 on First Reading on April 17, 2001. After the First Reading of the Ordinance some concerns with the environmental assessment review process were brought to the Utilities attention. In response to those concerns, a few changes to the process were made. The assessment has been reviewed jointly by Utilities and Natural Resources staff. Staff believes the assessment was well done, but that some further clarity was needed on a few wildlife and re-vegetation issues. Wyoming Interstate Gas Company's (WIC) response indicates that the two species the City staff believed needed more discussion were not discussed because they are not present on City property along its proposed route. The WIC will be discussing seed mixes for re-vegetation with the City as part of the project and it is required to monitor the route for five years by the FERC project protocol. When the five-year period is over, certification that the re-vegetation has satisfactorily taken is required. As a result of the review process, a certified member of staff will be inspecting all stream crossings during and after construction to be sure they are satisfactory. A copy of the staff opinion and a copy of Wyoming Interstate Gas Company's response to the concerns raised have been included with this item. ORDINANCE NO. 57, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF AN EASEMENT TO WYOMING INTERSTATE COMPANY FOR CONSTRUCTION OF A 36-INCH GAS PIPELINE WHEREAS,the City of Fort Collins is the owner of the property known as Meadow Springs Ranch in Larimer County, Colorado(the "Ranch"); and WHEREAS,the Ranch was acquired by the City to be used by the City's Wastewater Utility for future sludge disposal; and WHEREAS, Wyoming Interstate Company has requested an easement for construction, installation and maintenance of a 36-inch gas pipeline across the Ranch as legally described on Exhibit "A", attached hereto and incorporated herein by this reference (the "Easement"); and WHEREAS,the estimated fair market value of the Easement is$8,675 based on a negotiated settlement; and WHEREAS, Section 23-11 l of the City Code provides that the City Council is authorized to sell, convey or otherwise dispose of any interest in real property owned by the City that is used as part of one of the City's utility systems, provided the Council first finds by ordinance that such disposition will not materially impair the viability of the utility system as a whole,that it will be for the benefit of the City's citizens, and that it is in the best interests of the City. NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the above described conveyance of the Easement will not materially impair the viability of the City's wastewater utility system as a whole, that it will be for the benefit of the City's citizens, and that it is in the best interests of the City. Section 2. That the Mayor is authorized to execute such documents as are necessary to convey the Easement to Wyoming Interstate Company upon the terms and conditions described above,and upon such other terms and conditions that in the City Manager's judgment are in the best interests of the City. Introduced, considered favorably on first reading, and ordered published this 17th day of April, A.D. 2001, and to be presented for final passage on the 5th day of June, A.D. 2001. Mayor ATTEST: - City Clerk Passed and adopted on final reading this 5th day of June, A.D. 2001. Mayor ATTEST: City Clerk EXHIBIT "A" LEGAL DESCRIPTION WYOMING INTERSTATE COMPANY EASEMENT A 50.00 foot easement for pipeline purposes across a portion of Section 20, Township 12 North, Range 67 West of the 6th P.M., Weld County, Colorado. Said easement being 25.00 feet on each side of the following described centerlines: Beginning at a point on the southeasterly right of way line of the Burlington Northern & Santa Fe Railroad from which the Sl/s comer of said Section 20 bears S 39'48'56" E, a distance of 1543.96 feet; thence S 63*31'31" E, a distance of 896.46 feet; thence S 68'45'16" E, a distance of 1169.36 feet, to a point on the westerly right of way line of Interstate Highway Number 25 from which said S1/4 comer bears S 68*08*24"W, a distance of 973.72 feet. Also beginning at a point of the easterly right of way line of said Interstate Highway Number 25 from which said SI/4 corner bears S 75°05'30" W, a distance of 1127.85 feet;thence S 68°45'16" E, a distance of 451.11 feet; thence S 44°17'23" E, a distance of 15 1.10 feet,to the south line of said Section 20 from which the southeast corner of said Section 20 bears N 89°20'34" E, a distance of 1031.30 feet. 18 17 17 I 16 y FND. -1A.C. 19 20 CWKR 20 21 1, LOT,.I LOT 2 LOT 3 LOT 4 WY ING M0. SIN COLORADO MILEPOST 45 R _ _ E. 11 Ca1NER CORNER FNO. STN. FNa. STH. �1LL I S 68'45'16" E S 68'45'16" E e?'i s Bg6,13y� 1169.36' - 451.11' 9. S 4151.10" E Set,. 1�N 19 FNO. t' l.P.Sbi g 3? 20 21 N 89'20'34" E kFNQ. 3-1/2' AC. 30 I 29 S 1127.85'727.85' W 1031.30'29 28 CITY OF FORT COLLINS 2668.03 FEET 161.70 RODS 3.062 ACRES EASEMENT DESCRIPTION A 50.00 foot easement for pipeline purposes across a portion of Section 20. Township 12 North, Range 67 West of the 6lh P.M.. Weld County. Colorado. Sold easement lasing 25.00 feel on each aids of the following described centerlines: Beginning at a point on the southeasterly fight of way line of the Burlington Northern @ Santa Fe RoProad from which the SM corner of sold Section 20 bears S 39'48'58" E, o distance of 154198 feel; thence S 63'31'31' E. a distance of 826.46 feet; thence S 681516' E. a distance of 1169.36 feel. to a point on the westerly right of way line of Interstate Highway Number 25 from which sold S% caner boors S 68V8'24' W, a distance of 973.72 feel. Also, beginning at a point an the easterly right of way line of said Interstate Highway Number 25 from which sold S% corner bears S 75*05*30' W. a distance of 1127.85 feet; thence S 68'45'16" E. a distance of 451.11 feel; _ thence S 44'17'23" E. a distance of 151.10 feet, to the south line of said Section 20 from which the southeast corner of sold Section 20 boors N 89'20'34" E. a distance of 1031.30 feet. CERTIFICATE OF SURVEYOR REF.DWG.NO.:290-32 LINE LIST NO.: 3 I. RandoS S. Seism, o Probnlond Land Surwyor of the Slate of ""ad.. do hereby date, to the best of my Mowledge, htamaltan and bettor, that this map was prepowd ban field nobs taken during on actual survey made by me or Imd aNsb will er my direct supn: Nor C.O.Na i DATE BY t CIIR AM0. that this map earedl,shows the(nulls of sold survey and that the monumalle found aT ill ore os ehawn.. REylyaR LANDND llgWnnuawww INBERG—MILLER ENGINEERS YY�a1U'U \�-`1 5.S� ! 124 EAST YAM STREET Grp sfR flj,�d4' nl(xm)e5e-SIM IUAERTa+, Wr. exwl DEC 2 0 211110 44 4AIps, VCLL9 18263 _ w7amfng Interstate Company, Ltd. PLAT VEY ACQUISITI( , Mrj !•• tan MEDICINENBOWR OOP 2913-361. n4 ��LRiT CITY OF FORT COLLINS PROPERTY NOTES: SEC20, T12N, R67W, 6TH P.M.. WELD CO., CO I.)BASS OF 6EAN1GS - CAM NORM RElAO`.E ID 111E WYOMYIC SCALE:1'-I000' LIIECR: SME PLNIL C"DINAiE STSILIA - EAST xalE. 2.)CLIEIIt DID HOT WANT RIOITS-Of-WAY NO EAUME117S SIIDRII. pAlE:l2/la/W AP 29BU-3A DRAMR WE/1155 C.O. ]elltl SIT 1 of 1 Utilities 1� light& power • stormwater • wastewater • water City of Fort Collins Date: 5/21/01 To: Steve Comstock, Water Reclamation Department Manager From: Kevin McBride, SR Stormwater Engineer Bob Zakely, Watershed Environmental Specialist Re: Environmental assessment review Bob Zakely and I have reviewed reports associated with easements across Meadow Springs Ranch. The draft Medicine Bow Lateral Loop Natural Gas Pipeline Administrative Draft Environmental Assessment(EA), and the Routing Study and Biological Survey for the Rockport to Rawhide Pipeline. These reports address environmental topics in the detail expected of an environmental assessment, which is broad in scope. Our review is of the reports only. The reports contain information on the existing environmental conditions, and potential environmental impacts and mitigation measures of pipeline construction. Wetland and stream crossings are enumerated. Crossing details and mitigation measures are referenced although not included in the copies of the reports we received. Notably the EA for the Lateral Loop Project contains a recommendation that "WIC not begin construction activities until" a number of issues related to the likelihood of affecting the Preble's Meadows Jumping Mouse are resolved. It is unclear if these issues are on Meadows Spring Ranch from this report as a map showing the pipeline route was not included. The reports for the Rockport to Rawhide Pipeline Project are more complete with better figures of both the route and the environmental constraints. Several wetland and stream crossings on the Meadows Springs site are noted. No negative opinions of environmental impacts were noted in the report. However, recommendations were made for completing pre-construction-surveys of raptor nests, Mountain Plover and Swift Fox. Please let us know if we can provide any additional help in the areas of our expertise. This includes the stream and wetland crossings, Preble's Meadows Jumping Mouse and Ute Lades'-tresses, and Colorado Butterfly plant habitat and restoration plantings. These reports have been forwarded to Karen Manci in the Natural Resources Department for her Review. 700 Wood St. • P.O. Box 580 • Fort Collins,CO 80522-0580 • (970)221-6700 • FAX(970)221-6619 • FAX(970) 221-6593 • TDD(970)224-6003 e-mail: utilities(aci.fort-collins.co.us • www.ci.fort-collins.co.us/UTILITIES MEMORANDUM DATE: May 21, 2001 TO: Tom Shoemaker, Natural Resources Director FROM: Karen Manci, Senior Environmental Planner RE: Review of Meadow Springs Ranch Easements The following are my comments on the documents that Utilities asked Natural Resources to review. Limited time for review and my other work commitments did not permit time for a field visit; thus, comments are all on the documents themselves. Medicine Bow Lateral Loop Natural Gas Pipeline—Administrative Draft Environmental Assessment Positive Comments: 1. Pipeline parallels existing line, or is within existing easement, which includes several other pipelines and power lines. This is beneficial because they will not be cutting a new swath through previously undisturbed lands. 2. Report recognizes weed and erosions problems resulting from construction and recommends efforts to mitigate such disturbance. 3. Short construction period (5 months for entire pipeline). 4. Good, in my opinion (I'm not an expert on these animals/plants) proposed mitigation measures (focusing on avoidance) for Colorado butterfly plant, Prebles' meadow jumping mouse, rare fishes, mountain plover, riparian habitat, and wetlands. 5. Two-to-one replacement of removed trees. 6. Report recognizes permanent impact to wildlife due to clearing for construction (which needs to remain clear). 7. Native seed mixes appear to be adequate. Negative Comments: 1. Figures (maps) are missing. You need to have these for review purposes. 2. No discussion of state sensitive species (e.g., ferruginous hawk, burrowing owl). 3. No reference to consultation with U.S. Fish and Wildlife Service and Colorado Division of Wildlife personnel to let reader know these agencies are in agreement with mitigation measures for each specific species discussed. • 4. No discussion of restoration of equipment staging areas., 1 5. No statement that exotic trees removed will be replaced with natives. Pest exotic species should not be replaced. 6. No discussion of vegetation that is present—need to have a list in order to design the best seed mixes. Also, buffalograss should be added to areas where prairie dogs are present, but those specifics are not discussed. 7. Plans to inspect by low-flying plane every 2 weeks for unstated amount of time-- method seems inadequate to me. How will reestablishment of grasses, survival of trees be monitored? Rawhide to Rockport Natural Gas Pipeline—Routing Study Positive Comments: 1. Good discussion of federal and state species of concern, although does not include all Colorado Natural Heritage Program species and habitats along the lines. Negative Comments: 1. Document states that there is no known info on prairie dogs in project area. This is a huge project area and there is info available from Meadow Springs Ranch, Platte River Power Authority, and the Colorado Division of Wildlife. 2. Weak discussion of mitigation measures—mostly refers to surveys needed. 3. In mitigation recommendation, requires revegetation with native mix, but uses example of mix from Rawhide that has exotic in it (i.e., crested wheatgrass)— makes me wonder about appropriateness of all mitigation measures. 4. No way to tell what wildlife habitat is being disrupted in each route scenerio. Need discussion, listing of vegetation types (other than wetland and prime farmland) along each route. 5. Concern for preferred route that is the least amount along existing R-O-Ws (already subjected to disturbance; concern is for opening up new areas for weed invasion, temporally and permanently disrupting widlife use along construction corridor). Rockport to Rawhide Pipeline Study—Biological Survey Positive Comments: 1. Good evaluation of occurrences of federal and state species of concern on route, as well as wetlands and some other vegetation types. 2. Good recommendations (in my opinion) for avoiding impacts to nesting raptors and mountain plovers and denning swift foxes. Negative Comments: 1. No mitigation recommendations for impacts to native vegetation or wetlands. 2 Steve Comstock- Medicine Bow Loop Pipeline Page 1 From: Val Grant<biores@mtwest.net> To: wu.dwrf(SCOMSTOCK) Date: Wed, May 23, 2001 10:56 AM Subject: Medicine Bow Loop Pipeline Regarding the comments by Karen Manci, Senior Environmental Planner, the maps she needed were not sent with the Administrative Draft EA since the Federal Energy Regulatory Commission (FERC) used different maps in their EA. Our maps are being faxed to you. There is no discussion of state sensitive species, i.e., ferruginous hawk and burrowing owl, because there are no ferruginous hawks and burrowing owls along the route through Ft. Collins' property. If this is needed,we'll send a paragraph or two about each species.The Fish and Wildlife Service (FWS) and the Colorado Division of Wildlife (CDOW) have all signed off on the project. A Biological Opinion will be issued by the FWS this coming Tuesday and the FERC requires written responses from all concerned agencies,which they currently have in hand. Regarding reclamation of equipment storage areas,this is always done according to the landowner's request per the FERC Plan and Procedures. I will fax a copy of these along with the map. There is no statement regarding exotic trees since there are no exotic trees or pest exotic species that are present along the right-of-way. If there are,WIC will gladly replace exotic trees with natives and WIC will not replace pest exotic species they might remove. Regarding vegetation, the area is primarily short grass, dominated by blue grama. The seed mix, which is considered apparently adequate in the positive comments,was reached using Dr. Robert Dorn's and Mr. Richard Brammer's input, two reclamation specialists, and the Natural Resource Conservation Service's input; it is based on these people's experience in the area. If there are modifications to this mix, WIC will gladly use them during reclamation. Regarding what kind of vegetation is on Ft. Collins' property, we do not keep a list specific to all the properties W IC's pipeline crosses. I assume that Ft. Collins has this properety's list in hand.As to buffalograss and prairie dog towns, there are no dog towns in the right-of-way. I regret we didn't send you the 12 reports that we originally submitted to the FERC; most of these questions would have been answered. Regarding the 2 week inspection by airplane, this is done to monitor the integrity of the pipeline and has nothing to do with reclamation. Reclamation monitoring is conducted by WIC for a five year period to assure cover and species mix are adequate to control erosion and return the right-of-way to its original, at least close to it, composition. If during monitoring there are vegetation or erosion problems,these are corrected.At the end of five years, the FERC either signs off on the reclamation or requires WIC to correct problems in a specific time frame. Regarding the comments of Kevin McBride and Bob Zakely, the Preble's meadow jumping mouse issue is resolved and will be detailed in the FWS's Biological Opinion as will the other federally listed species. Surveys have been conducted for mountain plover and raptor nests. Since the swift fox is no longer a candidate species, we have noted their presence but have not formally reported these findings. No plovers or swift fox were found on the Ft. Collins property. Colorado butterfly plant was present outside the right-of-way at Lone Tree Creek and will not be affected by pipeline construction or operation. C. Val Grant, PhD Steve Comstock-Medicine Bow Loop Pipeline P Bio-Resources, Inc. 135 East Center Street Logan, Ut 84321 435 753-5370 CC: Dan Gredvig <Dan.Gredvig@ElPaso.com>, Floyd Robert...