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HomeMy WebLinkAboutCorrespondence - ResolutionDavid Bartholomew From: Sent: To: Cc: Subject: David, David Bartholomew Friday, June 11, 2010 12:10 PM Fox, David Andy Schwaller; Kathy A Eastley RE: JACE LLC Pump Station Thanks for forwarding the resolutions. Copies were printed and inserted in the building permit file. Once I receive the structural/foundation plans and soils report, I will review the plans, and upon approval, issue the building permit at double the fee as outline in the resolution. After speaking with Senior Planner Kathy Eastley, a Certificate of Occupancy cannot be issued until the Land Use Change Permit is received. If you have any questions, feel free to contact Kathy or myself. Thanks, Dave From: Fox, David [mailto:David.Fox@Williams.com] Sent: Friday, June 11, 2010 9:55 AM To: David Bartholomew Cc: Bryan, Dasa Subject: JACE LLC Pump Station Dave, attached are the County resolutions for the JACE pump station and the Jolley water impoundment structure. The resolution of for the pump station is #2010-28. As discussed, I will get you something on the pump station including stamped drawing/specs., tie down information and foundation/soils adequacy. If you have any question please let me know. Thank you, David Fox, P.E. Fox Engineering Solutions LLC 670 Canyon Creek Drive Grand Junction, CO 81507 Ph: (970) 250-5505 Fax(626) 784-0667 Email: coloradofox@bresnan.net & david.fox@williams.com 1 ·' .... STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Boazd of County Commissioners for Garfield County. Colorado. held in the Commissioners' Meeting Roo~ Garfield County Courthouse, in Glenwood Springs on, Monday. the s"' day of April A.O. 2010, there were present ... Jo=hn=-'"M=arti=·n"'-----------------7 <;:omm.issioner Chairman ..,.T=res=i=-=H=o=uot==--------------"· Commissioner ""'M=ilce-=-Sa==m=s=on=--------------"· Commissioner =D=ebo=rah=-0.,.wnn=·==-------------"" Assistant County Attorney .... Jcan-=-..-Al=beri~·~co..__ ___________ _, Clede of the Board ..,.Ed=G:=..:n:en=-...,,Cabsent==l----------.J• County Manager when the following proceedings, among others were bad and done. to-wit RESOLUTION NO. 2010-28 A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FORA PIPELINE/PUMPSTATION ON A 7-ACRE PARCEL OF LAND OWNED BY JACE, LLC LOCATED ON THE NORTH SIDE OF COUNTY ROAD 335 SOUTBWFST OF THE TOWN OF NEW CASTLE, GARFIELD COUNTY P AR.CEL NO# 1181-054-00-J 58 Recitals A. The Board of Cotmty Commissioners of Garfield County, Colorado, received a request for a Limited Impact review to allow for a Pipeline/Pump Station to be located as indicated on the JACB Proposed Pad and Driveway prepared by Construction Smveys and attached hereto as Exhibit A. B. The Pump Station is located within a 7-acre parcel, said parcel owned by JACE. LLC and descnOcd in a deed recorded a1 Reception Number 265246 in the office of the Garfield County Ciak and Recorder. C. The subject property js contained within unincolporated Garfield County in the Rural zone district on a parcel ofland located between the Colorado River and County Road 335. D. A Pipeline/Pump Station requires a Land Use Change Pennit in the Rural Z.One Districts. E. The Board is authorized to approve; deny or approve with conditions a Land Use Change Pennit pursuant to the Unified Land Use Resolution of2008, as amended. F. The Board of County Commissioners opened a public hearing on the 5111 day of April, 2010 for consideration of whether the proposed Land Use Change Permit should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. H. The Board of County Commissioners closed the public hearing on the 5111 day of April, 2010 to make a final decision. I. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact l. That proper public notice was provided as required for the hearing before the Board of Cowrty Commissioners. 2. The bearing before the Board of County Commissioners was extensive and complete, that all perlinent facts, mattets and issues were submitted and that all interested parties were beard at that meeting. 3. That for the above stated and other reasons the prop0scd Land Use Change Penuit for a Pipeline/Pump Station on a 7-acre parcel in the Rural zone district is in the best interest of the health, safety, morals, convenience. order. prosperity and welfare of the citiz.ens of Garfield County if recommended conditions of approval ere adopted. 4. ~ with the adoption of recommended conditions, Che application bas adequately met the requirements of the Garfield Cotmty Unified Land Use Resolution of 2008, as amended. RESOLlIIJON NOW THEREFORE, BE lT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporatcd by this reference as part of the resolution. B. The Land Use Change Permit for a Pipeline/Pump Station through a Limited Impact Review is hereby approved subject to compliance with the following conditions: I. That all representations made by the Applicant in the application and at the public hearing before the Board of County CommissioDCIS, shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2 '. . ' . . . . -. : •. •. ·.. ·. . -. -. . -. . ' -' ---. . --. -- 2. The Land Use Change Pcanit issued for the PipeJine/Pwnp Station pennits pumping of fu:sh water from the Colorado River for impoundment on the Jolley Parcel. 3 . The site and activity shall comply with all federa4 slate and local requirements including Jaws, permits and standards. 4. Prior to issuance of the Land Use Change Permit the Applicant shall be required to obtain a building permit for the constructed pmnp station and pay double the building pqmjt fee due to permitting of the activity after the fact. 5. The revegetation process shall be initiated within 60 days if use of the pipeline for fresh-water conveyance to the Jolley water impoundmcut fuci.lity ceases. R.evegetation shall meet the requirements of Sections 4.06, 4.07 and 4 .08 of the Garfie]d County . Weed Management Plan (Resolution 2002-94) or the site reclamation standards in place at the time of the use cessation, whichever is more stringent Should the properly owner continue the use for agricultural purposes after cessation of the use for Oil &:. Gas activities the property owner may request release of the bood. 6. Prior to issuance of the Land Use Change Permit the Applicant shall provide sectnity for rcvegctation in the amount of $4,250 for 1. 7 acres of disturbance associated with the Pipcline/Pwnp Station. 7. Prior to commc:nccment of installation of the pipeline the contractors/consultants shall meet onsite with a 1eprt:Scntalive of County Road and Bridge to discuss the safety aspects of the project and protection of traffic on CR 335. 8. The Applicant shall comply with the Construction Management Plan inc.orporatcd hm:in by refercoce and attached as Exhi1>it B. 9. The Appliccant shall maintain its contract with the WDWCO (No. 08l 1200E(a)), and ensure that all annual payments required therein are timely paid to WDWCO. 10. Prior to issuaocc of the Land Use Change Permit, the Applicant shall confirm the Filing of a Notice of Intent to Construct a Non-JmisdictionaJ Dam with the State Engineer's Office. 11. The County's approwl of the adequacy of the water supply plan for the Jolley Mesa Facilities shall be effective unless there is a material change in either the water supply or water demand for the proposed development or in the event the Applicant fuils to obtain the requisite legal entitlements with conditions which establish the adequacy of the water supply plan. If there is such a material Change in ciicumstance or failure to obtain proper legal entitlement, the Board of County Commissionas may reconsider sufficiency of the water supply even after the original Land Use Change Permits are approved. 3 ·. 12. The Applicant shall comply with the Constructi.on Survey drawing regarding the pipeline tcnninus, attached hereto as Exhibit C. The Applicant shall submit pbotogr:aphs of the pipeline terminus post-<:oostruction to the Garfield Cowity Building and Planning Department. JtL Dated this 3 ... day of~::SS~~-_, A.D. 20..1.Q_. ATI'EST: BOARD OF GARFIELD =C=OMMIS--==S=I=ONER--=""'"""'C.-HAIR::;,= ...... J""'O,_HN=--.,...F ...... MAR~=TIN~..__------~· Aye =C=O=MMlS===S=I=O~NER.==~TRE..;.-=·=sr~H=O~UPI~.__-----------..J'Aye =C=O=MMI=S=S=IO=NER"-'==M=IK.E~S=AM=S=O=N ............ _________ --..J. Aye STATE OF COLORADO ) )ss County of Garfield ) I. County Clerk and ex-officio Cleik of the Board of County Commissioners, in and for 1he Couoty and Staie aforesaid, do hc:rcby 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, I have hereunto set my band and affixed the seal of said County, at Glenwood Springs, this __ day of A.O. 20_. County Clerk end a-officio Clerk of the Board of County Commissioners 4 .>. ·::~ --._ .. : -':::-_'.·--:---.,;·-->,~: __ ·_<·_,_:-;··--_ . ..:,-_-, ·-_.·:-·.-_ ....... :.·,'·. ·: ·_ -. : • ' • ~ • ' •• -.-• ~-· • __!__ ' • -' • • -• -• ... ., 11111 M' .. .1if~1l'i,\r.tlU'l1r l'lft.WM~rWr1~1111\1~,m·~ 11111 RecepLJonff: 785542 &5/0l/2118 84 :39:00 Pn Jean Albor1co 1 of 6 Rea Foe1S0 .80 Doc Ftt :CI ee GRR'fELO COUtlT\' co STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the CommissionetS' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the 51b day of April A .O. 2010, there were present: :..:Jo...,hn=..o.Martin==·=-------------~· Comm.Wsioncr Chairman .:.T...,,res=i:wH...,,o,._.u~o::..l ------------~·Commissioner ~Milc='=e~S~ams==o~n=-------------~·Commissioner .=D;::.eb:::.:o..._rah::oo...;Ouinn:oc.::·==------------_,· Assisbmt County Attorney ::.:Jc:::an=...:..;Al=:beri='=co:c..-___________ _,. Clerk of the Board ::Ed:.....Green=:::..>o::(absen==t .... l __________ ~, County Manager ' when the following proceedings. among others were had and done. t&-wil: RESOLUTIONNO. 2010-27 A RESOLUflON OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR A FRESH-WATER IMPOUNDMENT ON 6.39-ACRES WITHIN A 2,130-ACRE PARCEL OF LAND OWNED BY THE RICHARD AND MARY JOL~YFAMILY LLLP AND LOCATED ON THE soum SIDE OF COUNTY ROAD 335 BE'(WEEN GARFIELD CREEK AND DIVIDE CREEK. GARFIELD COUNTY PARCEL NO# 2181-172-00-086 AND 2181-163-00-085 Recitals A. The Board of County Commissioner.; of Garfield County, Colorado, received a request for a Land Use Change Pennit to allow for amstructiou aod operation of a Water Impoundmcnt to be generally located es shown in Exhibit A . B. The Watt:c lmpoundment is on 6.39-acres within a 2,130-acre parocl of land owned by Richard and Mary Jolley Family LLLP and described in a Special Warranty Deed recorded at Reception Nwnber 486892 and as Corrccicd by Special Wammty Deeds recorded in Book 1558 at Page 960 and al Book 1558 at Page 962, Reception Number 645994 in the office of the Garfield County Clerk and Recorder. C. The subject property is contained within unincoi:porat.cd Garfield County in the Rural zone district and locaicd south of County Road 335 southwest of the Town ofNcw Casde. D. A Water Jmpoundmcnt requires a Land Use Change Permit through a Limited Impact 1 ' . - . ---· -. --. . '. -· Review in the Rural Zone District of Garfield County. E. The Board is authorized to approve, deny or approve with conditions a Land Use Change Permit pursuant to the Unified Land Use Resolution of 2008, as amended. F. The Boanl of County Commissioners opened a public hearing on the 5th day of April, 2010 for consideration of whether the proposed Land Use Change Permit should be granted or denied. during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. H. The Board of County Commissioners closed the public hearing on the 5th day of April, 2010 1o make a final decision. I. The Board on the basis of substantial competent evidence produced at the aforementioned hearing. bas made the following detennioations of fact 1. That proper public notice was provided as required fur the hearing before the Board of County CommissionCtS. 2. The hearing before the Board of County Commission~ was extensive and complete, that all pertinent facts, mattcrs and issues were submiUcd and that all interested parties were heard at that meeting. 3. That for the above seated and other reasons the proposed Land Use Change Permit for a Water Impoundment on 6.39-acres within a 2,130-acre parcel in the Rural zone district is in the best interest of the health, safety, morals. convenicilcc, order, prosperity and welfare of the citizens of Garfield ColDlty if rccomme:oded conditions of approval me adopted. 4. That, with the adoption of recommended conditions, the application has adequately met the requirements of the Garfield County Unified Land Use Rcsolotioo of2008, as amended. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissiooers of Garfield Cowity, Colorado, that: A. The forgoing Recitals are incoiporated by this reference as part of the resolution. B. The Land Use Change Pc:mllt for a Water Impoundmcnt through a Limited Jmpact Review is hereby approved subject to compliance with the following conditions: l. That all representations made by the Applicant in the application and at the public 2 sr----------------------------------·-·----· .. -· -·-- bearing before the Board of County Commissioners, shall be conditions of approval unless specifically altered by the Board of Cowtty Commissioners. 2. The water impoWldment shall copiply with all federal, state and local requirements including laws, permits and standards. 3. The Jolley Land Use Change Pennit permits a water impoundment for ftesb water only. No accessory uses are permitted for this site, other than maintenance-related activities for the pond and the pipeline that connects the pond with the pump station. In particular, no storage of equipment, vehicles or fuel is included in this approval. 4 . The revegeta.lion process shall be initiated within 60 days if use of the fresh-water impoundment facility ceases. Revegctation shall meet the requirements of Sections 4.06, 4 .07 and 4.08 of the Gmiield County Weed Management Plan (Resolution 2002-94) or the site reclamation standatds in place at the time of the use cessation, whichever is more stringent. Should the property owner continue the use for agricultural pUIJ>OSCS after cessation of the use for Oil & Gas activities the property owner may request release of the bond. 5. Prior to issuance of the Land Use Change Permit the Applicant shall provide security for revegctation in the amount of $15,975 for 6.39 acres of disturbed area associated with the water impoundmcnt ($2.SOO per acre). 6 . Prior to issuance of the Land Use Change Permit the Applicant shall treat the noxious weeds on the site and provide treatment records to Vegetation Management to dctcnnine compliance with the weed management plan. 7. Prior to issuance of the Land Use Change Pcanit the Applicant shall comply with mitigation measures recommended in the Wildlife and Sensitive A.ICas Report prepared by WestWater Engineering and by the Colorado Division ofWI1dlifc to avoid Wildlife entrapment in the impoundment: a. An eight-foot (8') fence shall be constructed around the pond to pxevcnt wildlife access. If gates in the fence are needed for access to the pond, they shall also be eight foot (8') in height. b. Wildlife escape ramps shall be installed around the impoundmcnt. 8 . Prior to issuance of the Land Use Change Permit the Applicant shall be required to obtain a building permit for the fencing around the impoundmcnt. 9. Prior to issuance of the Land Use Change Permit the Applicant shall be required to obtain a grading permit for the constructed water impoundment paying double the grading permit fee due to permitting of the activity after the fact 3 .._:·.:.· .. ~--:":~:.~. :·.:.· .. ·:~.:~~'._~·-·····.· :· ·'·.··:_: .. ··:: ... ·.<· :.'·· ... : :. ...~ ... '.. .··· .. -' ·.. . . ' -. :· ·_ . ' ... ) _. ·. .._ .· _. . _. ; . ' . . -. -· . .At:f. Dated this _Q_ day of_...;../Yl.;._::..;:~~-----'' A.D. 20J.Q_. A1TEST: BOARD OF GARFIELD of the Board Upon motion duly made and SC(:ooded the for following vote: ,.,.c .... o""MM1S==s"""1.,..o;:..:NER:.::::..:~C.,,.·HAIR:.;=~Jo""'HN=_,,_F.:...o-MAR~=TIN=...:....--------· Aye ...,C.,,.0..,,MMI=""'S""'Sl'-=O""-NER=..,,TRE=·=s~I Ho.:,O~UPT;:,o..:....__ __________ ~. Aye ...,C""O..,,MMIS==s1.,,,9""-iNER="-"MIKE==-=-S"'-AM=S...,,O .... N.!..-_________ -.J• Aye STATEOFCOLORADO ) )ss County of Garfield ) I. County Clerk and ex-officio Clerk of the Board of CoWJty Commissioners, in and for the County and State aforesaid, do hc:rcby certify that the annexed and foregoing Resolution is truly copied from the Records of the PrOceerung of the Board of County Commissioners for said Garfield Collllty, now in my office. IN WITNESS WHEREOF, I 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 4 >·:.--.-~.-. ~" ·> ~---~··_:.-.-_ "'." --:::-." < ·>·::-:.~ ... ~. : :',-_5 ........ ::_ ·-.. ~ .... -~ "·. __ :<:··,. ... : .. , ·_·. -. " . ":-._. -.::· ._ . ._ ' ','> ~ . : __ --• -'---. • . ' • • • . • • • • J ... • • • ·' ' • -~. • ' • • • ' • ' • : -~ •• ' .. . . I ' ' ... . : , . , . . • , . ~ ~ c4$ ~~?:: =Ci( l'lj~<..:I o~re ~~ .... ~ ll.r ~ -----i ~ ... ~ ..... ~~ ~~~~I ~ ~ .. 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