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Home My WebLink About5.0 Resolution 2003-88I illlllllllllllllllllllllllllllllllllllllllllllllllllll 640192 11/05/2003 03:27P 81535 P770 M ALSDORF 1 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners'Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the 13'h day of October A.D. 2003, there were present: ,_,Jo""hn"'-'M""""art'-'I'-". n.__ ___________ , Commissioner Chairman "'L""arry"-'-""'M""'c"'C"'o'-'-w'-'-n'-'("'n""o"-t p"'r"'e,se""n.,_t ),__ _____ , Commissioner :'-T-"re"'s._.i H"""ou"'lp.,_,t~-----------• Commissioner "'D'-"o.!!n..!.D!!>e<!.F-"o..,rd.._ ___________ , County Attorney "'M .. il,d"'re,d._,A.....,ls,.do""r'""f __________ , Clerk of the Board "'E,.d_,G"'r"'ee"'-n'-----'----------• County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 2003-88 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION FOR THE INSTALLATION OF A LOW PRESSURE 8" NATURAL GAS GATHERING PIPELINE FOR CANYON GAS RESOURCES, INC. WHEREAS, the Board of County Commissioners of Garfield County, Colorado ("Board"), has received an application from Canyon Gas Resources, Inc. for a special use permit ("SUP") to allow the installation of a low pressure 8" natural gas gathering pipeline within the NRIRD (Agricultural I Residential I Rural Density) and OIS (Open Space) zone districts; and WHEREAS, the gathering line route will cross portions of Sections 14, 15, 16, 20, 21, 29, 30 & 31 in Township 7 South, Range 95 West. 6'h PM, south oflnterstate 70 in the Parachute area; and WHEREAS, the Board held a public hearing on the 13'" day of October, 2003, upon the question of whether the above described SUP should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions concerning the approval of said special use permit; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact as listed below: ' 1111111111111111111111111111111111111111111111111111111 640192 11/05/2003 03:27P B1535 P771 M ALSDORF 2 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO I. Proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. The meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. The above stated and other reasons, the proposed special use permit has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. The application has met the requirements of Special Use (Sections 5:03, 5:03:07, 5:03.08 and 9:03) the Garfield County Zoning Resolution of 1978. 5. The application is in substantial compliance with the Garfield County Comprehensive Plan of 2000, as amended. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that Special Use Permit is hereby approved subject to compliance with all of the following specific conditions: I. All representations of the Applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval, unless specifically altered by the Board. 2. Prior to the issuance of the actual Special Use Permit, written comments from the Grand Valley Fire Protection District shall be obtained indicating that that all recommendations outlined in the Fire District's letter dated September 30, 2003, have been addressed accordingly. 3. Prior to the issuance of the actual Special Use Permit, the Applicant shall provide written documentation with respect the legal use of the water to be used controlling airborne dust along construction rights-of-way, unpaved haul roads, and other graded traffic routes, and for watering the topsoil and spoil storage piles in order to minimize the effects of wind erosion and fugitive dust, as well as for fire protection. 4. The Applicant shall obtain a road cut permit from the Garfield County Road and Bridge Department, prior to the issuance of the actual Special Use Permit. 5. The Applicant shall comply with the provisions of the South Parachute Pipeline Project: Stormwater Pollution Prevention Plan for the National Pollutant Discharge Elimination System dated August 22, 2003. 2 The Applicant shall comply with the recommendations made by Steve Anthony, Garfield County Vegetation Manager, in his letter dated October 13, 2003, which include the following: A. Weed Management: 1. The Applicant shall provide a written commitment, prior to the issuance of the actual Special Use Pennit, to inspect, monitor, and be responsible for the management of any of the Garfield County's Noxious Weeds that may emerge on private or public lands that are disturbed by the gathering line. ii. The Applicant shall respond to any complaints by the landowners either private or public, regarding pipeline noxious weeds in a timely manner. iii. A written commitment, prior to the issuance of the actual Special Use Pennit, by the Applicant shall be provided to weed management on the pipeline in effect as long as the pipeline is functional. B. Revegetation: i. Seed testing: All seed used in reclamation shall be submitted for independent testing to detennine if it is weed free. Evidence of the testing shall be provided to the Garfield County Vegetation Management Department. n. Revegetation Security: The applicant shall post a revegetation security in the amount of$22,600 (2 cents per sq. ft. for reclamation costs, total per acre is $870.00 per acre, 26 acres) for the parts of the pipeline that is not on Bureau of Land Management property. The security may be in the fonn 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 revegetation security shall be posted prior to the issuance ofthe actual Special Use Pennit. 7. The wildlife mitigation provisions outlined in the "Wildlife and Habitat Mitigation Plan", dated July 2002, submitted with the "Reclamation Plan" shall be applicable on privately owned land, as well as BLM property. 8. When not in conflict with the fee owner agreements, the Applicant shall follow the "Special Stipulations" of the BLM right-of-way grant (serial number COC-66335). 3 1111111111111111111111111111111111111111111111111111111 640192 11/05/2003 03:27P B1535 P773 M A~SDORF 4 of 4 R 0.00 D 0.00 GARFIE~D COUNTY CO Dated this Jrd day of November ATTEST: , A.D. 20.!l3._. ~C~O~M~M~J~SS~I~O~N~E~R~C~H~A~IllR~JO~HN~~F~.M~A~R~T~IN~--------------'Aye ~C~O~MwM~I~SS~I~O~N~E~R~L~A~R~R~Y~L~·~M~C~C~O~WN~------------------'-- ~C~O~M~M~I~SS~I~O~N~E~R~T~R~E~SI~H~O~U~P~T~---------------------'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. 20 ___ . County Clerk and ex-officio Clerk of the Board of County Commissioners 4