HomeMy WebLinkAbout3.0 Resolution 95-036477BLg 8-940 P-95 o5l09/95 12:53P PG 1 0F B REC DOC I'CIT
MiI-DRED er-soonr cARFIELD CoIINTY CLERK AI{D REcoRDER 0.00
srATE OF COLORADO )
)ss
County of Garheld )
At a reqular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood
Springs oo Monday , the Bth day ol May A.D. 19 95 , there were
present:
Ifarian Snith Commissioner Chairrnan
Arnold MackleY Commissioner
Buckey Arbaney Commissioner
Itnn l'\eFord
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CountY AttorneY
.'.{i 1r'lroA Al crlorf . Clerk of the Board
Chuck Deschenes
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County Administrator
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. q5_o35
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT
APPLICATION FOR QUESTAR PIPELTNE COMPANY.
W H EREAS, the B o ard o f County Commissio ners o f Garfleld County, Colorado, has received
application lrom QUESTAR PIPELINE COMPAM for constructing a natural S&s transmission
pipeline on the following described tracts of land:
A right-of-way located in Sections 5,6, 8, 16, 17,21,22,27,34 T5S R93W; Section 1 T5S
R94W; and Sections 21, 22,26,27 , 35,36 T4S R94W of the 6th PM-
(in the State of Colorado and the County of Garheld); and
WHEREAS, the Board held a public hearing on the I 7th day of April, 1995, upon the question
of whether the above-described Special Use Permit should be graoted or denied, at which hearing the
public and interested persons were given the opportunity to express their opinions regarding the
issuance of said Special Use Permit; and
WHEREAS, the Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the lollowing determination of fact:
l. That proper publication and public notice was provided as required by law lor the
hearing before the Board of County Commissiensls.
2. That the hearing before the Board of County Commissioners was extensive and 'r
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that hearing.
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3. That the application is in compliance with the Garlield County Zorlrng Resolution of
1978, as a^rrended.
4. For the above stated and other reasons, the proposed use is in the best interest of the
health, safety, morals, convenience, order, prosperity and welfare of the citizens o[
Garfield County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that the Special Use Permit be and hereby is authorized permitting the constnrction
of a natural gas pipeline, upon the following specific conditions:
l. All proposals of the applicant shall beconsidered conditions of approval unless stated
otherwise by the Board of County Qsmmissisagrc.
Z. The applicant shall have 120 days from the date of the Resolution of Conditional
Approval to meet all conditions set forth in the Resolution. The Special Use Permit
shall be issued when all conditions are met and shall expire 120 days after issuance,
unless construction or use have commenced.
3. Standard procedures for the project will include implementation of erosion control and
revegetation measures to insure that lands disturbed by construction activities will be
restored to a stable, productive, and aesthetically acceptable condition.
4. During construction of the project, a representative of Questar Pipeline Company shall:
(a) act as a liaison with the landowner/agency representative; @) provide expertise to
direct restoration of the right-of-way when special conditions areencountered, without
causing construction delays; and (c) promote favorable public relations.
5. Installation of the pipeline will follow clearing of the construction area. Reclamation
and revegetation will follow thepipeline's installation, especially in areaswithsoils that
are highly susceptible to wind or water erosion.
6. Questar Pipeline Company will conduct all activities associated with the project in a
manner that will avoid sl minimize degradation of air, land and water quality. In the
construction, operation and maintenance of the project, Questar will perform their
activities according to applicable air and water quality standards, related facility siting
standards, and related plans of implementation.
7. All desigu, construction, operation, and maintenance practices will be conducted
according to safe and proven Engineering Practices.
8. When possible, project work will be coordinated with other work occurring on or
planned for locations along the route.
9. Where landowners have not specified measures for the reclamation and revegetation of
their property, Questar will use the measures identified in their application.
10. All County Roads disturbed during the project's construction will be reconstructed to
meet the approval of the Garheld County Road and Bridge Supervisor. Questar will
obtain approval from Road and Bridge for all road reconstruction.
I l. Construction- related traflic will be restricted to routes approved by the controlling
jurisdiction. New access roads or cross-couotry vehicle travel will not be permitted
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unless prior approval was given by Garfield County. Any temporary roads used by
Questar will be rehabilitated when construction activities are completed, as approved
by Garfield County.
Where possible, the right-of-way itself will be u,sed as an access road during the
construction period.
Boring, if specilied by Garfreld County Road and Bridge Departnent, will berequired
for developed roads.
Perutanent culverts shall meet the specifications of Garfield County Road and Bridge
Deparhent or the private landowner. Where drainages will be crossed by temporary
roads, dirt fills, or culverts will be placed and removed upon completion of the project.
Culverts on temporary roads shall meet the requirements of Garfreld County Road aod
Bridge Department. All stream channels and washes will be returned as near as
practical to their natural state.
All damaged County Roads shall be repaired to the requirements of Garfield County
Road and Bridge Department.
To minimize disturbance associated with installation of the pipeline, Questar will not
grade the right-of-way outside of the trench line, except where necessary, on all level and
gently sloping tenain.
Sidehill cuts will be kept 1s 4 minimum to protect local resources while providing a safe
and stable plane for the effrcient r.rse of equipment.
Existing groundcover such as grasses, leaves, brush, and trees will be cleared only where
necessaryforoperation ofequipment. Ingeneral, grasses, forbs, andshrubs will becut
off near ground level Ieaving their root systems intact. The cuttings will be
redistributed over the right-of-way during reclamation or disposed of as directed by the
private land owner.
Trees and shnrbs that are not cleared from the right-of-way will be protected from
damage during construction by avoidi.g them with equipment. For exarnple,
bulldozers will maintain their blade in a raised position except at areas designated for
clearing or to smooth out sharp breaks in relief.
Grading for the pipeline will be done only when necessary for the safe operation of the
installation.
Materials excavated from the trench will be stored next to the trench to facilitate using
a minimrrm amount of right-of-way, and protect the material from vehicular and
equipment traflic.
The trench will be excavated using as small an area of disturbance as possible to
minimize disturbance of vegetation.
Excavation of the trench in especially sensitive areas may be conducted according to
special techniques as specilied by the landowner.
Backfilling of the trench will be replaced and approved by the landowner.
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Where local hydrological cond^itions warrant, Questar will install breakers made up of
sandbags in the trench before Backfilling. These breakers will control subsurface
drainage along the pipeline.
ln areas of steep slopes that are not annually cultivated, waterbars or runoff diversions
will be installed consistent with FERC requirements.
All cuts made in steep or rolling terrain during construction will be regraded and
contoured to blend into the adjoining landscape and to reestablish the natural drainage
patterns.
Where required, erosion control structures such as water bars, diversion channels, and
terraces will be constructed to divert water away from the trench and reduce soil erosion
along the right-of-way and other adjoining areas disturbed during construction.
Questar will dispose ofmaterials unsuitable for use as backfill or excess backfill material
at approved locations.
Temporary work spaces used for crossing streams and highways and other special sites
will be restored to approximate preconstruction conditions.
31. Suitable mulches and other soil stabili,ing practices will be used on regraded and
topsoiled areas, where required, to protect unvegetated soil from wind and water
erosion and to improve water absorption. Questar will consult with the landowner to
deflrne the appropriate mulches for each segment of the route.
Unless otherwise directed by the landowner, Questar will redistribute rocks, cut
vegetation, and other surface material temporarily stockpiled for construction back
across the right-of-way disturbed during construction.
Questar will seed disturbed areas using seed mixes appropriate to the location. The
specific locations along the selected alternative where each seed mix will be applied will
be identified in the Environmental Assessment.
Seeding will be donewhen seasonal orweatherconditions aremostfavorable according
to schedules identified by the landowner. Whenever possible, seeding will be timed to
take advantage of moisture, such as early spring or late lall to benefit fully from winter
precipitation.
Seed mixes witl be planted in the amount specified in pounds of pure live seed/acre,
where necessary. There will be no primary or secondary noxious weeds in the seed mix.
Commercial seed will be either certified or registered seed.
The reestablishmsnl ofvegetative cover as well as watershed stabilization measures will
be scheduled during the work season and belore the succeeding winter. In any case,
revegetation treatments will be accomplished as quickly as possible after installing the
pipeline.
Temporary measures that Questar could implement to lacilitate reclamation and
revegetation shall include:
(a) constructing temporary breakers at proper intervals on slopes and access roads
to control runoff whenever applicable;
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install sitt screins as silt barriers in swales, at the base of small slopes, and in
other areas subject to sedimentation from low velocity runoff;
seeding critical areas such as road cuts and stream banks with an approved grass
seed mix;
(d) mulching slopes, where required; and
(e) protect drains with barriers.
During preparation of the ROW, Questar will trim trees in preference to cutting trees
and will cut trees in preference to bulldozing. These bchniques will be used in
combination to produce a natural looking or feathered-edge appearance ratherthan a
straight-lined appearance. Trees will only be cut or trimmed to facilitate clearing,
grading, and safe installation.
Depending on the Landowner or Agency, adjacent to major highways, trees over six (6)
inches in diameter at breast height will be left inside the ROW, when practical. Trees
which must be removed will be cut. Trees outside the area of disturbance will not be
cut, but will only have overhangng limbs removed by cutting, with the tree to remain.
The bulldozers will maintain their blade in a raised position in these sensitive visual
resource areas, where practical.
Unless otherwise requested by the landowner,Questar will leave the ROW in a
"roughened" state that will discourage the recreational use of the ROW by off-road
vehicle enthusiasts.
Care will be taken to avoid spill of lubricants or fuels and other types of pollution in all
areas, including streams and other bodies of water. Although spills are unlikely, any
spills and trash will be cleaned up immediately. Also, all appropriate agencies will be
promptly notified of any signihcant spills.
Used engine oil will be contained in suitable containers and removed from the ROW.
Construction equipment will not be refueled or serviced within or near streamchannels.
Garbage and other refuse will be disposed of in suitable containers and removed from
the ROW.
Construction sites will always be maintained in a sanitary condition; waste materials at
those sites will be disposed of promptly at an appropriate waste disposal site. "Waste"
meens all discarded mater including furrm4s waste, trash, garbage, refuse, oil drums,
petroleum products, ashes and equipment.
Existing fences, gates, and brace panels that require modification during construction
will be reconstructed to appropriate standards.
AII structures such as teraces, levees, uuderground drainage systems, irrigation
pipelines, and canals will be restored to preconstruction conditions so that they will
functiou as originatly intendd unless directed otherwise by the controllingjuridiction.
Questar will protect all survey monuments found within the ROW by marking and
avoiding them. Surveymonuments include, but arenot limited to, General LandOflice
Cadastral Survey Corners, reference points, witness cornerc, US Geodetic benchmarks
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and triangulation stations, military control monuments, and recognizable civil (public
and private) survey monuments. If any of these monuments are obliterated or
disturbed,Questar will report the incident, in writing, to the landowner/agetcy
representative and the authority that installed the monument, ifknown. Where General
land Office ROW monuments orreferences were obliterated during operations,Questar
will secure the service or a registered land surveyor to restore the disturbed monuments
and references using surveying procedures found in the Manual of Surveying
Instructions lor the Survey of Public Lands of the United States, latest edition. Questarwill record any such surveys in the proper county and send an copy to the
landowner/agency representative. If surveyors are used to restore thedisturbed survey
monument, Questar will be responsible for the survey cost.
Questar will provide for the safety of the public using public roads intersecting the
ROW. Safety measures will include, but not limited to, roads detours, barricades for
open trenches, and flagpersons.
If noxious weeds infest portions of the ROW, the populations will be controlled using
chemical, mechanical, biological, or other means. Control of the populations would
occur during the season or growth stage where it would be most effective. Trucks and
equipment will be washed at a washing station prior to entering Garf-reld County,
consistent with representations by the applicant.
Where the ROW crosses streams and other bodies of water, the banks will be stabilized
to prevent erosion. Appropriate construction techniques will be used to minimizs
damage to shorelines, recreational areas, and fish and wildlife habitat.
During construction near streams or lakes, sedimentation (detention) basins, straw
bales, or fabric Iiners may be constructed to prevent suspended particles from reaching
downstreem watercourses or lakes.
Dry streams will be crossed by trenching. Small flowing streams will be crossed by
fluming or trenching with a downstream silt barrier to reduce downstream
sedimentation.
Disturbance to riparian vegetation and wetlands will beminimized by keeping clearing
and installation to as narrow a disturbance as possible. Approaches to strgems will
involve selected clearing of vegetation. Willows and cottonwoods cleared during
construction will be reestablished as part of reclamation.
If work is required in willodshrub type wet"lands, the small trees and shrubs wiII be
trimmed to ground line in areaswhere equipment will be working to minimize damage
to vegetation.
To minimize impacts on wetlands, only equipment needed to dig the trench, instalt the
pipeline, backfill the trench, and reclaim the ROW will be allowed to work in the area,
unless a suitable route is unavailable for personnel movement.
Where standing water or saturated soils exist, equipment will operate offtimber pads,
prefabricated equipment pads, or geotextile labric overlain with gravel hll when
necessary for construction. After construction, all pads will be removed.
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The flust 12 inches of iopsoil from wetlands will be salvaged and redistributed over the
trench as quickly as possible following installation of the pipeline. The seeds, roots,
rhizomes, tubers, and bulbs present in the topsoil will enhance and help speed up
reclamation of wetlands disturbed by construction.
Where necessary, waterbars or sediment l-rlters, such as staked straw bales or silt fences,
will be constructed adjacent to the crossings to reduce potential sedimentation in
strea^ns or wetlands.
In streams with flow, material excavated from the trench will be spread out and piled
irregularly to avoid damming the flow.
Questar will meet all stipulations to fuln[ ail federal and state cultural and
paleontological resource legal requirements. This includes having a Class III Cultural
resource and paleontological survey conducted by a qualihed archaeologists and
paleontologists before construction occurs.
Any cultural or paleontological resources (historical or prehistoric site or object)
discovered will be immediately reported to the landowner/agency representative. All
operations will be suspended in the immediate areas of such discovery until
authorization to proceed is issued by the landowner/agency representative. An
evaluation of the discovery will be made by the controlling jurisdiction to determine
appropriate actions to prevent the loss of siguificant cultural or scientific values.
Questar will be responsible for the cost of evaluation and mitigation, and any decision
asto propermitigation measureswill bemadeby the landowner/agency representative
after consultation with Questar.
No ha"ardous material will be stored within 100 feet of the streambank, nor will any
refueling or pipe coating be done within that distance.
The channel contour will not be altered.
Exposed slopes and streambanks will be stabilized immediately upon completion using
riprap and other means as appropriate, inclu.ling erosion control matting.
Streambanks will be revegetated with native plants.
All construction vehicles shall be licensed in the State of Colorado.
The applicant shall provide public notice of all road closures for County Roads, via
newspapers, signage and radio announcernents, with approval of the Garfield County
Road and Bridge Department.
Dated this sth day of Hav A.D. 19_9.5_.
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, COLORADO
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Chairman
ATTEST:
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of the Board