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HomeMy WebLinkAboutResolution 89-113r a • STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Commissioners' Meeting Room at the Garfield County Courthouse in Glenwood Springs on the 17th day of July A.D. 1989 , there were present: Marian I. Smith Arnold L. Mackley Elmer (Buckey) Arbanev (absent) Don DeFord Mildred Alsdorf Chuck Deschenes , Commissioner Chairman , Commissioner , Commissioner (conflict of interest) , County Attorney , Clerk of the Board , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 89-113 A RESOLUTION CONCERNED WIrH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION BY ROCKY MOUNTAIN NATURAL GAS COMPANY. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from Rocky Mountain Natural Gas Company for a natural gas pipeline on the following described tracts of land: SW 1/4 of Section 9, TBS, R89W, 6th P.M. NW 1/4 NW 1/4 of Section 10, T8S, R89W, 6th P.M. NE 1/4 of Section 3, T8S, R89W, 6th P.M. SE 1/4 NW 1/4, NE 1/4 of Section 9, T8S, R89W, 6th P.M. SW 1/4, SE 1/4 of Section 3, T8S, R89W, 6th P.M. N 1/2 N 1/2 of Section 6, T8S, R88W, 6th P.M. S 1/2 NW 1/4, N 1/2 SW 1/4 of Section 2, T8S, R89W, 6th P.M. NE 1/4 of Section 1, T8S, R89W, 6th P.M. N 1/2 SE 1/4 of Section 2, T8S, R89W, 6th P.M. N 1/2 SW 1/4, S 1/2 NW 1/4 of Section 1, T8S, R89W, 6th P.M. NW 1/4 of Section 5, T8S, R88W, 6th P.M. S 1/2, SE 1/4 NE 1/4 of Section 32, T8S, R88W, 6th P.M. NW 1/4 of Section 33, T8S, R88W, 6th P.M. (in the State of Colorado and the County of Garfield); and WHEREAS, the Board held a public hearing on the 3rd day of July, 1989, and continued said hearing to July 10, 1989, upon the question of whether the above-described Special Use permit should be granted 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 produced at the aforementioned hearing, has made the determination of fact: 1. That proper publication and public notice was provided as required by law for the hearing before the Board of County Commissioners. 2. That the hearing 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 hearing. 3. That the application is in compliance with the Garfield County Zoning Resolution of 1978, as amended. evidence following • 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 of 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 use of the above described tracts of land for a natural gas pipeline upon the following specific conditions: 1. All proposals of the applicant shall be considered conditions of approval unless stated otherwise by the Board of County Commissioners. 2. The applicant, contractor, and subcontractors shall notify the County Clerk's office and Assessor's office to ensure proper licensing and assessment of equipment and vehicles based in the operation, prior to final approval. 3. The applicant shall construct and operate the pipeline in accordance with all applicable State and Federal Regulations. 4. The applicant shall submit a copy of the final approved permit from the BLM to include pipeline easements. 5. The applicant shall submit evidence of approval from the Garfield County Road and Bridge Department for the placement of pipelines within County Road right-of-ways, to include evidence of compliance with road restoration bonding requirements. 6. 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 has commenced. 7. Reseeding of disturbed sites will be per the recommendations of the Soil Conservation Service, along with the landowners, which in any case shall be seed and mulch certified to be weed free. Dated this 17th day of July , A.D. X989. ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS GARFIELD COUNTY, COLORADO l27.C.L� CElerk to the Board Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Marian I. Smith Arnold L. Mackley Elmer (Buckey) Arbaney STATE OF COLORADO ) County of Garfield ) Aye Aye &kx conflict of interest 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 Proceedings 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 19 of the Board of County Commissioners. day of , A.D. County Clerk and ex -officio Clerk