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HomeMy WebLinkAbout3.0 Resolution 2005-47ililIililr illilt ffi]ffilllil fiilililil]llll 675766 06/07/2005 09:32F 81694 P55l t'l HLSDORF1 of 6 R O.gO D @.OO GRRFIELD COUNTY C0 STATE OF COLORADO County of Garfield John Martin , Commissioner Chairman Larry rvlcuown _ ._ , Commissioner Trbsi Houpt .. _. , Commissioner t.-lon t-reroro , County Attorney Mildred Alsdorf , Clerk of the Board Ed Green , County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. )oo5_{l A RESOLUTION CONCERNED WTTH THE APPROVAL OF A SPECIAL USEPERMM FOR A IO-INCH NATURAL GAS GATHERING PIPELINE FORWILLIAMS PRODUCTION RMT AT THE COUNry ANVIL POINTS LANDFTLL PROPERTY ) )ss ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners'Meeting Room, Garfield County plaza Building, in Glenwood Springs on Monday, the 16th day oi May, 2005, there were present: Parcel ID: 2 I 75-20 t -00- I 87 WHEREAS, the Board of County Commissioners of Garfield County, Colorado,received a Special Use Permit (sUP) request for "Pipeline" submitted by WilliamsProduction RMT to install a 1.3 mile long lb-inch natural gas pipeline across the CounryAnvil Points Landfill property; and WHEREAS, the proposed natural gas pipeline crosses land owned by GarfieldCounty which is zoned Resource Lands (Centte-siopes & Lower Valley Floor) and where a pipeline is permitted as a Special Use; and WHEREAS, the proposed pipeline is to be located within a legally described areaattached hereto as Attachment A; and ,.* ,__Y{{YAS.:J!? Board of county commissioners opened a pubric hearing on the I o-' day of May' 2005 upon the question of whether thJ above-described SUp for apipeline should be granted or denild, <luring which hearing the public and interested ,,. ir.{ );.,',V illllil lllil llilil ilililIilillr ilillt ilililL| lllr 675766 06/07/2005 09:324 81694 P552 l'l ALSD0RF 2 of 6 R O.OO D O.0O GRRFIELD COUNTY C0 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 l6m day of May, 2005 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 : I' That proper publication, public notice, and posting was provided as required by Iaw for the hearings before the Board of County Commissioners. 2. That the public hearing before Board of County Commissioners 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 permit conforrns to Sections 3.10.04,5.03,5.03.07 and 5.03.08 of the Garfield county zoningResorution of 197g, 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 setforth above, the SUP request for "Pipeline" is approved for the installation a 1.3 mile long lO-inch natural gas pipeline with the following conditions: I ' That all representations made by Williams in the application and as testimony in thepublic hearing before the Board of County Commissioners shall be considered conditions of approval, unless specifically altered by the Board of County Commissioners. 2. Williams shall ensure that copies of the following plans are kept at the work site during the entire construction of the pipeline: a. Fugitive Dust Control plan; b. Stormwater Management plan; c. Fire Prevention and Suppression plan; andd. spill Prevention, Containment and countermeasure plan 3. Williams shall comply with the following conditions asserted by the County Road and Bridge Department: a. Prior to the start of the project, Williams Production RMT and any necessary subcontractor shall hold a meeting with the County Landfill Manager in order L;UUJ ;HI;,UUIr t I ! q1! l! !1ll|il1, HILI| I ;';;; i-o.oo o o.oo GARFTELD couNTY co to ensure the construction phasing plan and these following conditions will be b. complete the work around the guard shack and the sludge ponds as soon as c. Use the back (east) gate as customer traffic; d. Traffic control according to working next to the road; 97vo compaction on or near the road, all other area's need a minimum of 95vo compaction; Spacing of the above ground natural gas pipeline markers shall be spaced at a distance required by the Landfill Manager; Working hours within the landfill are limited from 7 a.m. ro 5 p.-.; A Garfield counry urility permit will be issued upon the approval of the BOCC;and Dust control will 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; 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, Williams shall respond to any cornplaints by landowners either private or public, regarding noxious weeds in a timely manner. During revegetation, Williams shall submit the tags from the bags containing the approved md 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 for verification prior to the reseeding of the disrurbed area. Prior to the issuance of the Special Use Permit, Williarns shall post a revegetation security in the amount of $16,000.00 for the portion of land disturbed by rhe pipeline. This may be in the form of a letter of credit, Form Treasurer's Deposit (cash) oi other method deemed appropriate by the County Attorney's Office to bl deposited with the County Treasurer. The security shall be held by Garfield County untii vegetation has been successfully reestablished according to the Reclamation Standards in the Garfield County Weed Management plan. Regarding stormwater, erosion and sediment control measures, the Williams shall only use straw bales as sediment barriers so long as they are certified as weed-free bales. 8' Prior to the issuance of a Special Use Permit, Williams shall submit the following approved permits to the county Building and planning Department: a'. US Army Corps of Engineers: Nationwide Permit (or other appropriate permit much as possible so as not to interfere with MUTCD standards and proper signage when 0D' h. 4. 5. 6. 7. I Lruut ru#uJ r u !ul!!F,LHllLUHT';';;; i-s.60-o o.oo GRRFIELD counrY co required by the Corps of Engineers) b. Road and Bridge Department: Aoproved Utility permit c. Colorado DepartmeJrt of Public Health and. Environment: General Construction Stormwater plan 9. Williams 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; Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, withoJt instruments, at any point of any boundary line of the property on which the use is located; 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 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 usJ of adjoining property or which constitutes apublic 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 this provision. 10. That the issuance of a permit by Garfield County to Williams for the sole purpose of the installation and maintenance of the pipeline does not grant any additionaj rights othenuise regulated by the provisions specifically contained in the Land patent from the Bureau of Land Management which is memorialized in a clocument recorded on January 13, 1998, in Book 1049, Page 941, having a reception number of 519059. The Board of County Commissioners' grant of permission to use the designated areafor the Iimited pipeline purposes named will not include any warrantiei as ro the Board of County Commissioners' title to the Anvil Points LanAm. The permittee is responsible for gaining any additional permit or right to use the land that may be required by the BLM or any other federal agency. Dared tnis 6/! day or {a ne-A.D.2005. b. i,,\ GARFIELD BOARD COUNTY illlilHilr ililil lilillffi lllil ill il ilil lll llll 675766 06/01/20,05 09:328 81694 P555 I'l RLSDORF 5 of 6 R O.OO D s.OO GARFIELD COUNTY C0 Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: John Martin , Aye l-auy McCown , Aye Tr6si Houpt ,, Aye STATE OF COLORADO County of Garfield , 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 wmNESS WHEREoF, I have hereunro ser my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 2005 county clerk and ex-officio clerk of the Board of county commissioners ) )ss ) Lruflllllllll lLilillllilililt l]iltil []67s765 06/07/2e,e,5 @9:320 81694 p556 ]1 ALSDOiFF of 6 R o.OO D O.O@ GRRFIELD COUNTY co A+tah,rn*tt A SIrL/ATE ,m\I SgcruOl\ tZ k20, T65, R,g4w, 6TH P.l,l GARFIELD COTI,VT}', COLORADO LIGAL DESCRIPTION: A PROPOSED IO" NArURAL GAS ptpELtNr- S]t!]lra [.] LCT I (NE 1i..1 -c,t 1,Zo;, jol.,:(sw 1/4 sE 1/ )' Lot i,g.()l',/1 iE y7i; 0i: sECTroN rz AND ,.r ro' z (NVi r,i.1 r.rr1/4), Lw J (NE 1 /4 )ry^1'/-4), LC; + lse .i/l_*l: 1/4), sw 1/4 r.tw 1/4 0F si-crr(.)N20 AtL rr'l rowr'rs'irp o souii, nnncE'dc- wbsi or iHd'Oirr dnrr.rcipAl ruERrDrAN,COUNIY OF GARFI[LD,_STAT[ Or CCJiOrrNrrO, THE CENTERLINE OF hl{ICH IS IUORI-pARlrcuLARLy orscniaro ni r-oriowi, --' '1.'\1"\L vr LTEGINI.IING AI"A POINT ON AN EXIS]'II.IG 4" NATURAL GAS PIPILINE, VYHENCE A IOL,I.IDi9C3 GLO I]RASS CAP IN PINC. iON rrlr SOUTHEAST CORNER CF SAID SECTION 17BEARS S2O'01'J4"E. 1O:5.99 rEET. 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