HomeMy WebLinkAbout5.0 Resolution 2005-251111111 11111 111111 1111 1111 111111 111111 III 11111 1111 1111
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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 14th day of June A.D. 2004, there were present:
John Martin
Larry McCown
Tresi Houpt
Don DeFord
Mildred Alsdorf
Ed Green
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
, County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2005-25
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE
PERMIT APPLICATION FOR INDUSTRIAL SUPPORT FACILITIES AND A
PIPELINE.
WHEREAS, the Board of County Commissioners of Garfield County, Colorado (`Board"),
has received an application from Applicants; Cheveron/Texaco, David D. Skinner and Amy L.
Skinner, Ivo Lindauer and Betty Jo Lindauer, Robert R. Boruch and Arlene D Boruch, American
Soda, L.L.P., Sidney Lindauer (of the Sindney and Ruth Lindauer Family Trust), for a special use
permit ("SUP") to allow industrial support facilities and a pipeline within the A/R/RD (Agricultural /
Residential / Rural Density); and
WHEREAS, the SUP is proposed to be located northwest, west and southwest of the Town
of Parachute, Colorado and along Right-of-way of Interstate 70; and more specifically in;
• Sections 2, 11-14, 23, 26-28, 32 & 33 of Township 7 South, Range 96 West, and
• Sections 5 & 6 of Township 6 South, Range 96 West, and
• Sections 4-6 & 9-12 of Township 8 South, Range 97 West, and
• Section 31 of Township 7 South, Range 97 West, of the Sixth Principal Meridian,
WHEREAS, the Board held a public hearing on the 14th day of June, 2004, 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
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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:
1. That proper public notice was provided as required for the hearing before the Board of
County Commissioners.
2. That the hearing before the Board of County Commissioners was extensive and complete and
that all interested parties were heard at that meeting; and all pertinent facts, matters and
issues (other than sound levels of the proposed use) were submitted prior at the meeting.
3. That for the above stated and other reasons, the proposed Special Use Permit is in the best
interest of the health, safety, morals, convenience, order, prosperity and welfare of the
citizens of Garfield County.
4. That the application is in conformance with the Garfield County Zoning Resolution of 1978,
as amended and 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.
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:
1. No construction should occur during December 1 ° and April 15i°.
2. Remote monitoring systems that reduce the level of human activity along the pipeline
corridor shall be used during the winter period.
3. A suitable sagebrush species shall be added to the seed mix in combination with a suitable
mixture of grass/forb/shrub seed. Seed plantings shall be undertaken on disturbed soils
which are prepared with a ripping tool that creates an uneven soil surface and seed bed.
4. The Applicant shall replace rocks in comparable natural densities wherever rock
outcroppings are disturbed and shall bore beneath outcroppings of rock when possible to
preserve habitat and keep the total habitat disturbance to a minimum.
5. The Applicant shall prevent the public access of the site to motor vehicles.
6. A post revegetation security for the parts of the pipeline that is not on Colorado Department
of Transportation right of way or on Bureau of Land Management property shall be received
from the applicant prior to issuance of the SUP. The security shall be held by Garfield
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ENCANA — Parachute to Deaeque — SUP
Industrial Support Facilities and Pipeline
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County until vegetation has been successfully reestablished according to the Reclamation
Standards in the Garfield County Weed Management Plan.
7. Traffic to and from the site shall be kept to a minimum of 8-12 bus trips per day and no more
than 12 trips involving third party inspectors during construction. No more than 12 trips per
day shall be allowed after the completion of construction on the project.
8. Noise levels shall be kept to and within the minimum allowed levels as noted in the matrix
contained in this report.
9. The management of vibration, smoke and particulate matter and the emission of heat, glare,
radiation, and fumes shall all be reduced and minimized to meet the guidelines and
requirements set forth in this report so as not to adversely impact the immediate adjacent
area.
10. Prior to the issuance of the SUP, the Applicant shall meet with the Towns of Parachute and
DeBeque and identify requirements that must be met to mitigate the impact of the proposed
project and the applicant shall meet these requests. The town shall provide the Garfield
County Building and Planning Department a letter stating the Applicant has satisfied said
requirements or provide same with a letter stating there is no objection to the proposed
project.
11. The BLM has compiled a list of"Conditions of Approval" and "Standard Stipulations" (see
Exhibit H) that shall be adhered to during and after construction on BLM land and Garfield
County recommends that these also shall be included as conditions of approval for the
proposed use on all non-BLM lands as well.
12. The applicant shall provide a written commitment to inspect, monitor, and be responsible for
the management of any of Garfield County's Noxious Weeds that may emerge on private
lands that are disturbed by the pipeline. It is requested that the applicant respond to any
complaints by landowners regarding pipeline noxious weeds in a timely manner. It is also
recommended that the applicant cooperate with the Colorado Department of Transportation
in developing a weed management plan for any noxious weed infestations that occur on the
pipeline within CDOT rights-of-way.
13. If the applicant uses straw or hay as either mulch or as a sediment barrier the straw or hay
shall be certified as weed free by the Colorado Department of Agriculture.
14. The Grand Valley Fire Protection District shall be notified of any road cuts that might
pose an access impediment as it relates to any residential or commercial structures it is
charged with protecting.
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15. Dust Control shall be included along Highway 6 & 24 as well as Interstate I-70 and no
owner shall waive the dust control requirement.
16. The list of 10 seed types, to be applied @ 12.0 lbs PLS/Acre on page 24 of the
Environmental Assessment shall be applied to all disturbed soils, so as to prevent the
influx of cheat grass as the primary plant species.
17. The Grand Valley Fire District shall receive a phone list of supervisory personnel, as it
relates to construction activities from the Applicant prior to issuance of the Special Use
Permit. This list shall also contain phone numbers, office and cell. At that time, the
District will visit with the Company / Contractor Safety personnel as to any potential
impacts that the fire ban may pose on the project.
18. The Grand Valley Fire District shall be made aware of any road closures. Access to
structures needs to be provided, either by a bypass or convenient detour, as suggested in
the text. Any bypasses or detours shall be compacted as per 1997 Uniform Fire Code, so
as not to limit access by large pumpers and tenders.
19. In the event of a "True Emergency", the Fire Guard shall call the Dispatch Center direct,
rather than the Grand Valley Fire Protection District. The Contractor has listed a back-up
plan of contacting their yard and having emergency information relayed to Dispatch by
telephone. This is an acceptable alternative to direct contact with the Dispatch Center.
20. The Grand Valley Fire Protection District reserves the right to shut down all operations in
the event of high fire danger as well, until risk or potential for risk have been mitigated.
It is also noted that because the entire project is within Garfield County, the Garfield
County Sheriff's Office shall be directing activities outside of the Grand Valley Fire
Protection District, as it relates to possible ceasing of activities.
21. The Grand Valley Fire Protection District is responsible for the eastern half of the project
or more specifically, everything east of the turn back under I-70, near the county line.
Everything west of this location is the responsibility of the Garfield County Sheriff's
Department.
22. The listed fire suppression contact for Private and State Lands, Colorado is the Garfield
County Emergency Communications Dispatch Center, in Rifle. When contacting the
Garfield County Emergency Communications Dispatch Center, please call 625-8095.
Also, the Grand Valley Fire Protection District is responsible for initial suppression on
federal lands within the District as well.
23. Once activities start, the Applicant provide the District with the name(s) of primary and
alternate emergency coordinators as well as their appropriate emergency / non -emergency
contact phone numbers.
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24. The Applicant shall submit Appendix "I" Pipeline Plan & Profile Drawings — Sheets
4703 and 4704 to the fire district. These sheets depict work, which will be done within
the District. Therefore the District would like a copy of them prior to issuance of the
SUP.
25. The Applicant shall provide the EnCana Water Contract, West Divide Water
Conservancy District, Letter dated March 3, 2003 to the Grand Valley Fire Protection
District prior to issuance of the SUP.
26. CDOT has as a part of their permitting process, compiled a list of "Special Provisions for
Utility Installations" (see Exhibit I) that are to be adhered to during and after construction.
27. The applicant shall address all of the concerns of the oil and gas auditor.
28. All documented road damage by any hauling shall be repaired and dust mitigation on all
roads shall be the responsibility of the contractor.
29. All vehicles used on the construction project shall be licensed or prorated in the State of
Colorado.
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Dated this 1 4th day of February
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AIIEST: V2
GARFIELD COUNTY BOARD OF
.' i . ` COMMISSIONERS, GARFIELD
C'? COUNTY, OLORADO
, A.D. 20 05
Clcyrkofth
Upon motion duly made and seconded the fore oing Resolu was adop d by the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER LARRY L. MCCOWN
COMMISSIONER TRESI HOUPT
STATE OF COLORADO )
)ss
County of Garfield )
, Aye
, Aye
, Aye
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, 1 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
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ENCANA— Parachute to Deneque — SUP
Industrial Support Facilities and Pipeline
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