HomeMy WebLinkAbout1.0 ApplicationDate:
•
July 6, 1982
SPECIAL USE PERMIT
Applicant:
Northwest Pipeline Corp
(x.
Address of Applicant: #2 Foresight Circle, Grand Junction, CO 81501
Special Use
Installation and operation of Natural Gas Pipeline
Legal Description: Township 7 South, Range 90 West, Section 21, SW1/2,SW4,
Section 20 - E1/2, Section 28 ANA;
Ft;
Requirements:
Plans and specifications for proposed use.
,2:' Letters of approval from utility companies, sewage and water. Road access
and other information deemed necessary.
A vicinity map drawn to scale depicting the subject property, location and
use of buildings and structures on adjacent lots.
4 An impact statement on the proposed use (see 5.03.07 -5.03.09 of Zoning Regs.)
A copy of Assessor's map showing property; and a listing of all adjoining property
owners and property owners within 200 feet of said property. Notice containing
information described under paragraph 5 shall be mailed to all owners of record of
these lots at least 5 days prior to the hearing by certified return receipt mail.
ie Notice including the name of the applicant, description of the subject lot, a
description of the proposed special use and the time and place for the hearing shall
be given in the newspaper of general circulation in that portion of the County at
least fifteen (15) days prior to such hearing time. Applicant shall bear the cost
of advertising.
A fee of $500.00 shall be charged for each application and shall be submitted with
the application
This Special Use Permit is in compliance with Sections 5.03 and 9.03 of the Garfield
County Zoning Resolution and as per application.
List all property owners within 200 feet of subject property lines.
1. Mountain Vista Limited Partnership, % Europco Manage of America
Suite 220, The Hammond/400 Building, 5995 Barfield Road, Atlanta, GA 30328
2. Mr. Gene R. Hilton, 2102 W. Arapaho Drive, Littleton, CO
Attach map showing all improvements (present and proposed) and all pertinent distances
and area. Show all improvements on your property and adjoining property within 200 feet of
your boundary.
rhe above information is correct to the best of my knowle
roof of Publication
ail Receipts
?e
ecial Use Granted
ecial Use Denied
ason for Denial
pplicant John Allidi
Northwest Pipeline Corp.
Date:
Board of County Commissioners
Garfield County, Colorado
• GARFIELD COUNTY
COUNTY ATTORNEY'S OFFICE
P.O. Box 640 Glenwood Springs, Colorado 81602-0640
TO: Terry Bowman, Planning Department
FROM: Earl G. Rhodes, County Attorneyfr///
DATE: August 4, 1982
SUBJECT: Northwest Pipeline
cG
Phone 945-9158
The attorney for Northwest Pipeline has been in communication with me in
regards to your July 21 letter to Northwest Pipeline. Although I have not seen
the letter, I understand that you indicated that a surface owner agreement
would be required prior to the county conducting the public hearing in regards
to the pipeline permit. The purpose of this memo is to indicate to you that
since the pipeline company has the legal authority to condemn a right-of-way
across private lands, that it is my opinion that the surface owner need not
make the land use application. It should be expressly noted that I think it is
appropriate for the county to attach a condition that prior to the issuance of
the land use permit, that the applicant be able to show right of legal entry
onto another party's land.
Section 9.01.01 of the Garfield County Zoning Resolution of 1978 indicates "all
permit applications shall be filed by the owner or owners of the subject lot."
The purpose of this section is to carryout the policy of the Board that land
use action should not go forward without the permission of the person on whose
land the use would take place. In the instant case, the applicant is a
pipeline company, which under Colorado law has the right of condemnation.
Attached please find a copy of section 38-5-104 construing the applicant's
express grant of authority under the statute with the Garfield County Zoning
Resolution. I find that the express statutory authority overrides the
resolution in regards to making of the application.
It should be noted, however, that the Board's policy can also be carried forth
by attaching a condition that the permit shall not issue until the applicant
demonstrate to the satisfaction of the Board that the applicant has a legal
right of entry onto the private landowners' property.
EGR/tb
Attachment
xc: Dennis Stranger
Board of County Commissioners
Dictated, but not read.
5,4 I 55
ns
• Rights -o ay: Transmission Companies
reasonable conditions as may be required P s 38-5-105
inners. red by the state board of land commis -
I
§ 43; L. Source: L. 07, p. 385, § 2; R. S. 08, §
§ 50-52 39' p.365, § 2; CRS 53, § 50-5-2;
L 24563 Cpp. 479 6§ 2 ;CSA, C. 61,
C.R.S. 1963,
C.J.S. See 29A C.J.S., Eminent Domain,
§86.
38-5-103. Power of companies to contract. Such telegraph,
power tot contract gas, wtorh apipeline company,ci Ph, telephone, have
or or suchnthey w town any
have
ny
or any franchise, easement, or interest therein over or under which person or corporation, owner of
of telegraph, telephone, electric light wire lands
of laid or created for the relectric light
power orpipelineh the lino
be laidon r its telegraph,mis maintenance,
to
y for the construction, maintenancp, and
regulator stations, telephone, electric light wires
substations, or other property these, cotes,
maintenance, occupation, and operation of offices at suitable theerection,
the public accommodation,
distances for
Source: L. 07, p. 386 ,3,
3; R. S. 08
§ 44; CRS 53, § 50-5-3; L. 63, § 2453; C. L. § 6354; CSA, C. 61,
p. 480, § 3; C.R.S. 1963, ' § 50-5-3•
electric light Right-of-way across
g power, private lands. Such telegraph, telephone,
entitledlecis i the right-of-way or pipeline company
y over or under the land, such city or town shall be
rights-of-way, and easements of other
right to erectwits poles, wirns,
property, privileges,
persons and Por ubs ation and to the
and offices makingpipes, regulator stations, substations, systems,
by law. The upon granted just compensation therefor in the manner provided
b 5 105 shall rightht extend to they section and the rights ranted
3 a company,g g by section
meat railroadto the same or to to the extent of anycquiring anyf the right-of-way
telephone, or electric light servoics�rve such railroad company necessary ease -
p" Y with telegraph,
Source: L. 07, p. 386, § 4; R. S. 08,
§ 45; CRS 53, § 50-5-4; L. 63, p. 480, § 4; C§ 24541 C. .S. 19663, § § 50-5-4.CSA, C. 61,
R §
Cross reference. As to companies, cities,
and towns having an eminent domain right,
see §38-5-105.
C.J.S. See 29A C.J.S., Eminent Domain,
§ § 44, 57, 58.
38-5-105. Companies, cities,
telegraph, telephone, electric light power,
and towns have eminent domain right. Such
fele rora h, to is vested with the gas, or pipeline company
city
ty proceed to obtain rights-of-way the power of eminent domain, aho such
o proc a and for such y for poles, wires, and authorized
company such citysystemsotown i purposes by pipes, regulator Whenever such
agreement orusu rights-of-way s unable to secure thereof. deed,contract,
o
uponrethe lands, y for such by caand
property, privileges, rights-of-way,
over, under,t across,
Y, or easements of persons
• •
NORTHWEST PIPELINE CORPORATION
112 Foresight Circle
Grand Junction, Colorado
- PLAN OF OPERATIONS ---
EXHIBIT A
A. PROJECT NAME AND PURPOSE: (Include well name, laterals, pipe size, tie -point)
41/2" diameter natural gas pipeline - Baldy Creek 3-28 and Trunk A #2, tie-in point,
well designated Baldy Creek #2-20
LOCATION: Township Range Section Subdivision B&M
7 South 90 West 21 SW4,SW%
7 South 90 West 20 Ez
7 South 90 West 28 W1/2,NW1
( ) BLM LANDS (X) PRIVATE LANDS Landowners two (2) landowners
Length: 1.3 miles
Width of Right -of-Way: 60 feet
A Temporary Use Permit is requested for additional width
Access to Right -of -Way Colorado Road # 312 and #328
Date of field exam: open Present: ,BLM
Project Engineer:
B. ROUTING CRITERIA
The right-of-way is
access roads, etc.
(k) Yes
, NWP
Grand Junction Field Engineering,
#2 Foresight Circle, Grand Junction, CO 81501
within or adjacent
to existing disturbance
( ) No ( ) In part
See Route description- on attached map/maps.
A SUBSIDIARY OF NORTHWEST ENERGY COMPANY
such as
PLAN OF OPERATIONS
•ntinued)
•
ROUTE DESCRIPTION (Special attention features described below, see map)
( Road Crossings
Private Drive
(.) Drainage crossings ()) Sidecuts
C. MAPPING
A. 7.5' topographic map is included as directed attached showing
the proposed route, existing facilities, tie-in point, scale, key, etc.
D. PROJECT OPERATIONS
1. Pre -construction:
Prior to construction Northwest Pipeline has used rubber tired vehicles to
initally survey and flag the centerline the proposed route, using existing
areas of disturbance as much as possible (access roads, other pipeline,
etc)., Contact is hereby made with your office to determine any possible
land use conflicts.
a. Northwest Pipeline Corporation is authorized to operate in the
State of Colorado.
b. Northwest has demonstrated its financial and technical capabilities
as is required and evidenced by its continued progress throughout
western states, particularly Colorado.
c. All safety measures have been considered. Northwest Pipeline will
have inspectors present during all phases of construction.
d. All necessary clearances and reports will be completed and submitted
to the county on or before the day of granting.
2. Construction
a. Notification: County Highway Department will be notified at least 24
hours prior to the start of construction unless a pre -construction meeting
will be required. In that case, arrangements will be made in the form of a
written request 5 days prior to construction date. The county may wish to
attend the bid showing so that problem areas or special concerns may be
discussed.
(continued)
• •
b. Clearing: The right of way will be cleared using a bulldozer as
standard equipment. In cases where clearing is not done a backhoe will
usually be utilized for trenching. Scrub vegetation such as sagebrush,
greasewood, grasses, etc. will be scraped off (scalped). Any trees will be
purchased if determined necessary by a county officer, prior to clearing.
Disposal will usually involve one of the following methods as directed.
Any vegetation over 4 inches in diameter will be
- removed from lands
- cut into 4 foot lengths and scattered over the right of way
- stacked in 4 foot lengths available to pick-up
c. Route Preparation: The right of way will then be prepared for trench
digging equipment. Where required by the county topsoil will be stripped
and stockpiled for future restoration. It will not be used as padding of
the pipeline or mixed with spoil.
d. Construction: Standard Pipeline Construction techniques will be used
with qualified inspectors on site during the project. The pipe will be strung
along the trench then welded and wrapped prior to being lowered into the
trench. The pipe will be buried a minimum of three feet in all areas. Where
the pipeline crosses small drainages or other suspected problem areas it
will be buried 4 to 5 feet deep, or as directed by the County through
stipulations. The trench will then be backfilled. Once the pipeline is
constructed all roads utilized in the construction of the project will be
stablized and rehabilitated.
3. Post Construction
a. All disturbed areas shall be recontoured to conform with local topo-
graphy (to include sidecuts, drainage crossings, etc). The topsoil will be
replaced (if required) and erosion control structures constructed.
b. Other stablization or environmental concerns such as water bars or
"kicker Dikes" will be constructed across the entire right of way.
c. Any drainages encountered during construction will be cleared of dirt
and debris and backsloped as near as possible to original condition so as
to allow for continuance of the previous flow pattern.
d. Culverts will be installed where necessary.
e. All above ground facilities will be painted as specified by the county.
f. As built survey maps (2 copies) will be submitted within 60 days to the
office of original application.
I LI117 1 V1 L IV 11 J. 1'J
(continued)
•
g. Pipeline location warning signs will be posted within 5 days of
completion of construction.
h. Northwest will reseed all areas as stipulated by county.
4. SPECIAL CONSIDERATION
a. If monitoring of the project is required, a qualified archaeologist
will be present. A copy of the findings and report will be forwarded to
the county for acceptance.
Northwest Pipeline, herein referred to as the grantee, shall comply with
the applicable Federal and State laws and regulations concerning the use of
pesticides (i.e., insecticides, herebicides, fungicides, rodenticides, and
other similar substances) in all activities/operations under this grant.
The grantee shall obtain from the Authorized Officer approval of a written
plan prior to the use of such substances. The plan must provide the type
and quantity of material to be used; the pest, insect, fungus, etc., to be
controlled; the method of application; the location for storage and disposal
of containers; and other information that the Authorized Officer may require.
The plan should be submitted no later than December 1, of any calendar year
that covers the proposed activities for the next fiscal year (i.e., December 1,
1979, deadline for a fiscal year 1981 action). Emergency use of pesticides
may occur. The use of substances on or near the right of way shall be in
accordance with the approved plan. A pesticide shall not be used if the
Secretary of the Interior and prohibited its use. A pesticide shall be used
only in accordance with its registered uses and within other limitations if
the Secretary has imposed limitations. Pesticides shall not be permanently
stored on public lands authorized for use under this grant.
5. Comments, Notes, or Modifications of Standard Plan
Proposed pipeline follows and adjacent to existing private road.
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