HomeMy WebLinkAbout4.0 Resolution 2004-126I llllll lllll 1111111111111111111111111111111111111111111
665089 12/14/2004 01:27P B1647 P481 M RLSOORF
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STATE OF COL'fRADO )
)ss
County of Garfield )
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Conunissioners' Meeting Room, Garfield County Plaza Building, in
Glenwood Springs on Monday; the 4th day of October, 2004, there were present:
"Jo,,..hn=M=art~in~----------------' Commissioner Chairman
=L=arrv=~M~c~C=o~w=n---,-------------' Commissioner
~T~re~s~i ~H~o=u"'pt~----------------' Commissioner
=D~o~n~D~e=F~o=r=d ________________ , County Attorney
=M=i=ld=re=d~A~ls=do=r=f~·--------------' Clerk of the Board
=E=d~Gr=e=en~-----------------' County Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. ~04-1 26
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE
PERMIT FOR MATERIAL HANDLING OF NATURAL RESOURCES FOR A 12-
INCH NATURAL GAS PIPELINE FOR CANYON GAS RESOURCES, LLC
WHEREAS, the Board of County Commissioners of Garfield County, Colorado,
received a Special Use Permit (SUP) request for "Material Handling of Natural
Resources" submitted by Canyon Gas Resources, LLC to install a 4.3 mile long 12-inch
natural gas pipeline; and
WHEREAS, the natural gas pipeline crosses land owned and managed by the
Bureau of Land Management as well as one property owned by Joan Savage and is more
practically located in Sections I, 9, 10, 11, and 12 of Township 7 South and Range 94
West in the Rulison and North Mamm Peak USGS Quadrangles in an area known as
Buffalo Basin south of the Colorado River between the City of Rifle and the Town of
Parachute and where the private property over which the pipeline crosses is located in the
ARRD zone district which contemplates material handling of natural resources as a
special use; and
WHEREAS, the proposed pipeline is to be located within a legally described
easement granted to Canyon Gas Resources, LLC by Joan Savage across here property
located in the ARRD zone district which easement is also legally described and
graphically depicted in Exhibit A attached hereto; and
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WHEREAS, the Board of County Commissioners opened a public hearing on the
4th day of October, 2004 upon the question of whether the above-described SUP for
Material Handling of Natural Resources should be granted or denied, during which
hearing the public and interested persons were given the opportunity to express their
opinions regarding the issuance of said SUP; and
WHEREAS, the Board of County Commissioners closed the public hearing on the
4th day of October, 2004 to make a final decision; and
WHEREAS, the Board of County Commissioners on the basis of substantial
competent evidence produced at the aforementioned hearing, has made the following
determination of facts:
1. That proper publication, public notice, and posting was provided as required by law
for the hearings before the Board of County Commissioners.
2. That the public hearing before Board of County Conunissioners was extensive and
complete; all pertinent facts, matters and issues were submitted; and that all interested
parties were heard at those hearings,
3. The proposed special use pem1it confonm to Sections 2.02.31(6), 3.02.03, 5.03,
5.03.07 and 5.03.08 of the Garfield County Zoning Resolution of 1978, as amended.
4. The proposed use is in the best interest of the health, safety, morals, convenience,
order, prosperity and welfare of the citizens of Garfield County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Garfield County, Colorado, that based on determination of facts set
forth above, the SUP request for "Material Handling of Natural Resources" is approved
for the installation a 4.3 mile long 12-inch natural gas pipeline with the following
conditions:
1. That all representations made by the Applicant in the application and as testimony in
the public hearing before the Board of County Commissioners shall be considered
conditions of approval, unless specifically altered by the Board of County
Commissioners.
2. The Applicant shall ensure that copies of the following plans are kept at the work site
during the entire construction of the pipeline:
a. Spill Prevention, Containment and Countermeasure Plan;
b. Fugitive Dust Control Plan; and
c. Fire Prevention and Suppression Plan
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3. The Applicant shall comply with the following conditions asserted by the County
Road and Bridge Department:
a. The County will issue utility permits for the trench section and the road
crossings that pertain to the portion of the road that is County upon approval
of the SUP. These permits contain guidelines specific to the utility permit and
location of the installation;
b. Dust control shall be required as needed at the discretion of the road foreman
on the roads impacted by the equipment used in the construction of the
pipeline. Damage to the surface of the roads shall require replacement or
reconstruction for that portion of the damaged road;
c. All vehicles used in the construction of the pipeline shall abide by the
County's over size I weight permit system and follow approved haul routes to
move equipment and materials to the job site. Prior to the commencement of
the project, a supervisor with the construction company for the project shall
meet with Garfield County Road and Bridge Department to be advised of
these requirements prior to starting the project;
d. Garfield County Road and Bridge Department reserves the right to close roads
during inclement weather to prevent damage to the roads and limit periods of
construction that fall into the time frame when freezing could occur and
compaction could not be achieved; and
e. It is the responsibility of the contractor to find a location outside of the
established ROW to discard oversize excavation material (such as rock over
10-inch diameter). Permission will be required to dump on private land and
proof of permission should be submitted to the County Building and Planning
or Road and Bridge Department.
4. Because weed problems on pipelines and their revegetated corridors tend to occur
after there is maintenance activity on a section of pipeline and the ground has been
disturbed, the Applicant shall respond to any complaints by landowners either private
or public, regarding noxious weeds in a timely manner.
5. During revegetation, the Applicant shall submit the tags from the bags containing the
approved and certified seed· mix for verification that the seed mix used in the field on
the corridor is acceptable. These tags shall be submitted to the County Vegetation
Manager.
6. Prior to the issuance of the Special Use Permit, the Applicant shall post a revegetation
security for the portion of the pipeline on private property ( 4.73 acres) in the amount
of $4,730.00. This may be in the form of a letter of credit, if deemed appropriate by
the County Attorney's Office, or the funds may be deposited with the County
Treasurer. The security shall be held by Garfield County until vegetation has been
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succcssfolly reestablished according to the Reclamation Standards in the Garfield
County Weed Management Plan.
7. Regarding stormwater, erosion and sediment control measures, the Applicant shall
only use straw bales as sediment barriers so long as they are certified as weed-free.
8. Prior to the issuance of a Special Use Permit, the Applicant shall submit the following
approved permits to the County Building and Planning Department:
a. City of Rifle: Watershed District Permit
b. Garfield County Road and Bridge Department: Road Crossing Permit
9. The Applicant shall comply with the following Industrial Performance Standards in
Section 5.03.08 of the Garfield County Zoning Resolution of 1978, as amended
including:
a. Volume of sound generated shall comply with the standards set forth in the
Colorado Revised Statutes;
b. Vibration generated: every use shall be so operated that the ground vibration
inherently and recurrently generated is not perceptible, without instruments, at
any point of any boundary line of th~ property on which the use is located;
c. Emissions of smoke and particulate matter: every use shall be operated so as
to comply with all Federal, State and County air quality laws, regulations and
standards; and
d. Emission of heat, glare, radiation and fumes: every use shall be so operated
that it does not emit heat, glare, radiation or fumes which substantially
interfere with the existing use of adjoining property or which constitutes a
public nuisance or hazard. Flaring of gases, aircraft warning signals,
reflective painting of storage tanks, or other such operations which may be
required by law as safety or air pollution control measures shall be exempted
from tills provision.
10. As a result of potential vehicle I traffic conflicts associated with large truck traffic
heading westbound on CR 320 from Rifle to the project area, the Applicant shall
provide the Building and Planning Staff with a "road roster" that identifies roads and
haul routes to be used for the project that are acceptable to the County .Road and
Bridge Department.
Dated this } ;? t!Y day of :hee-, A.D. 2004.
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665089 12/14/2004 01:27P 61647 P485 M RLSDORF
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ATIEST: COUNTY
OF
GARFIELD
BOARD
COMMISSIONERS,
GARFIELD COUNTY,
COLOKAIDV
...... -. 'Upon motion duly made and seconded the foregoing
the following vote:
adopted by
_J~o=hn~M=a=rt=in~· ---~·------·--------------• Ay""'-. ./
~L=a"'-"~~~~------------------~•Aye
~~~~""---------------------_,Aye
STATE OF COLORADO )
)ss
County of Garfield )
I, , County Clerk and ex-officio Clerk of the
Board of County Commissioners in and for the County and State aforesaid do hereby
certify that the annexed and foregoing Resolution is truly copied from the Records of the
Proceeding of the Board of County Commissioners for said Garfield County, now in my
office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
said County, at Glenwood Springs, this __ day of , A.D. 2004
County Clerk and ex-officio Clerk of the Board of County Commissioners
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EXBIBIT"A"
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PAGB2 O'F2
EASEMENT .PLAT FOR JOAN L SAVAGE
ON PORCUPUIE LOOP ~f--~~~~~~~~~~~~~~~~~~~-'--~~~~~~c:.:....:...:::.::.::;_:c,.;;::;_::;_::;_~~~~-1
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