HomeMy WebLinkAbout4.0 Resolution 2016-041111 w.1 r_.r~1!~·~1M'I 11#11 ~ ',lf·l ·~r~1 ·,,,.lH~.·~1. i'~ iv), 11111
ReceptionH: 872160
01/05/2016 04:19:45 PM Jean Rlberico
1 of 9 Rec Fee·$0.00 Doc Fee:0.00 GARFIELD COU~JTY CO
STATE OF COLORADO )
)ss
County of Garfield )
At a special meeting of the Board of County Commissioners for Garfield County,
Colorado, held at the Grand Valley Recreation Center (Battlement Mesa) at 398 Arroyo Drive,
Parachute, Colorado on Tuesday, the 15'h day of December A.D. 2015, there were present:
~Jo=hn~M=a=rt=in~-------------'' Commissioner Chairman
=M=i=ke~S=am~so=n~------------~ Commissioner
T=om~J=ank=o~v=s=ky,_._ ____________ ,, Commissioner
~T=an=·~w~il=lia=m~s _____________ ~County Attorney
=K=e=ll_,_y~C=a~v=e ______________ _,, Assistant County Attorney
~J e=an==A~l=b~en=·~co~------------~ Clerk of the Board
,_,K=e"-v1,.· n'""'B""a"'t""ch"'e"'l""de,,,r~-----------~ County Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. do/le -0¥'
A RESOLUTION OF APPROVAL FOR A SPECIAL USE PERMIT, PIPELINE
DEVELOPMENT PLAN AND GRADING PLAN FOR A 2.5 MILE LONG 12 TO 16
INCH NATURAL GAS PIPELINE CO-LOCATED WITH TWO 8 INCH WATERLINES
LOCATED IN THE BATTLEMENT MESA PLANNED UNIT DEVELOPMENT,
GARFIELD COUNTY
PARCEL NOs# 2407-081-00-152 and 2409-134-06-004
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, "Board" received
a request for approval of a Special Use Permit, Pipeline Development Plan and Grading Plan for a
2.5 mile 12 to 16 inch natural gas pipeline co-located with two 8 inch water lines in the Battlement
Mesa Planned Unit Development (PUD) referred to as "Pipelines" hereinafter, as further described
in Exhibit A, Site Plan.
B. The Pipelines are to be co-located within a single 25 foot easement crossing two tracts
having 15.l acres and 1,248.87 acres owned by Battlement Mesa Partners and Battlement Mesa
Land Investments, respectively within unincorporated Garfield County in the Battlement Mesa
PUD.
C. The Board is authorized to approve, deny or approve with conditions a Special Use
Permit, Pipeline Development Plan and Grading Plan pursuant to the Garfield County Zoning
Resolution of January 2, 1979 (and zoning amendment adopted on October 15, 1979 in Resolution
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01/05/2016 04:19:45 PM Jean Rlberico 2 of 9 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO
79-132) and the Garfield County Land Use and Development Code of2013, as amended.
D. The Planning Commission opened a public hearing on the aforementioned application
on September 23, 2015 and continued the public hearing to October 28, 2015. The Planning
Commission then closed the public hearing on October 28, 2015, and moved to recommend
approval with conditions to the Board of County Commissioners by a vote of 6 to 1.
E. The Board of County Commissioners opened a public hearing on the 15th day of
December, 2015 for consideration of whether the proposed Special Use 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. This public hearing was continued to both December
16'h and December 17'\ 2015.
F. The Board of County Commissioners closed the public hearing on the 17th day of
December, 2015 to make a final decision.
G. The Board of County Commissioners, on the basis of substantial competent evidence
produced at the aforementioned hearing, has made the following determinations of fact:
1. That proper public notice was provided as required for the hearing before the Board of
County Commissioners.
2. 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 for the above stated and other reasons the proposed Special Use Permit for a
natural gas pipeline, Pipeline Development Plan and Grading Plan for Battlement Mesa
Land Investments and Battlement Mesa Partners (Surface Owner) and Ursa (Minerals
Lessee & Operator) is in the best interest of the health, safety, and welfare of the
citizens of Garfield County.
4. That with the adoption of Conditions of Approval, the application is in general
conformance with the 2030 Comprehensive Plan, as amended.
5. That with the adoption of the Conditions of Approval the application has adequately
met the requirements of the Garfield County Zoning Resolution of January 2, 1979
(and zoning amendment adopted on October 15, 1979 in Resolution 79-132) and the
Garfield County Land Use and Development Code of2013, as amended.
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01/05/2016 04:19:45 PM Jean Alberico
3 of 9 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY C'J
RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of the resolution.
B. The Special Use Permit, Pipeline Development Plan and Grading Plan for a 2.5 mile 12 to 16
inch natural gas pipeline co-located with two 8 inch water lines in the Battlement Mesa Planned
Unit Development is hereby approved subject to compliance with the following conditions:
1. That all representations of the Applicant, either in testimony or the submitted application
materials, shall be considered conditions of approval unless specifically altered by the
Board of County Commissioners.
2. That the Pipeline shall be operated in accordance with all applicable Federal, State and
local regulations governing the operation of this type of facility.
3. Prior to issuance of the Special Use Permit, the Applicant shall provide additional
operational procedures for monitoring protocol for the pipeline for leak or spill detection.
Said procedures will be included in the Emergency Response Plan or as an addendum to
said plan. The Applicant shall comply with all provisions of the SPCC Plan including spill
response and clean-up.
4. Prior to construction, the Applicant shall provide copies of any permits required by the
Army Corps of Engineers.
5. Prior to issuance of the Special Use Permit, the Applicant shall provide security in a form
acceptable to the County Attorney's Office in the amount of $32,500 for re-vegetation.
The Applicant shall comply with the representations in their Weed Management Plan and
shall comply with the Reclamation Standards contained in the Garfield County Weed
Management Plan as noted in the referral comments from the County Vegetation Manager
dated September 11, 2015.
6. The Applicant shall coordinate with the County Road and Bridge Department during
construction including field inspections as needed to ensure that minimum pipeline depths
are maintained and to ensure construction is done in a manner that maintains current
drainage along County Roads and avoids conflicts with future drainage. Prior to initiating
construction the Applicant shall obtain all required permits from the Road and Bridge
Department. Compliance with all conditions of the Road and Bridge permits shall be
required. The Applicant shall be responsible for repair of any damage to roadways or
curbs.
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4 of 9 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
7. Prior to initiating construction the Applicant shall submit for approval by the Road and
Bridge Supervisor traffic control plans including areas adjacent to the County Road Right
of Way, construction access points, proposed bore locations and potential road cuts or the
Applicant can demonstrate that traffic control plans are addressed in the applicable Road
and Bridge Permits.
8. The Applicant shall provide plans signed by an engineer for the proposed pipeline. Upon
completion, the Applicant shall install posts/markers along key sections of the pipeline
indicating depth to the pipeline. In accordance with Section 9-103 (J), upon completion of
the pipeline the Applicant shall submit an engineer's statement certifying compliance with
the conditions of the Land Use Change Permit and a digital copy of the surveyed pipeline
as built.
9. The pipeline shall maintain compliance with CDPHE Storm Water Management Permits,
Drainage and Soil Erosion Protection, BMP's, Reclamation and Re-vegetation Plans, and
Weed Management Plans.
I 0. The Applicant shall comply with all COGCC rules and regulations regarding the pipeline
facility including but not limited to reclamation and decommissioning.
11. The Applicant shall maintain compliance with COGCC Rules and Regulations in regards
to noise abatement and C.R.S. Article 12 of Title 25, noise standards as appropriate. Any
pumping stations required for operation of the pipeline shall utilize electric pumps or
muffled internal combustion motors.
12. The Applicant shall maintain all required CDPHE permits for the facility including any
applicable air quality APEN permits.
13. The Applicant shall comply with the Battlement Mesa Wildlife Mitigation Plan -
Agreement between Ursa Operating Company and Colorado Division of Parks and
Wildlife including any wildlife protection or mitigation requirements. The Applicant shall
comply with recommendations of the Sensitive Areas Survey completed by WestWater
Engineering Inc. dated June 2015, including but not limited to weed management, re-
vegetation, avoiding construction during nesting seasons, and temporary safety fencing for
open trenches as needed.
14. Potable water and sanitation shall be addressed during construction by provision of
portable facilities in compliance with OSHA requirements.
15. The Operator shall commit to ensuring truckloads of dirt, sand, aggregate materials, drilling
cuttings, and similar materials are covered to reduce dust and Particulate Matter (PM)
emissions during transport.
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Recepticnit: 872160 .
01/05/2016 04:19:45 PM Jean Alberico
5 of g Rec Fee·$0 00 Doc Fee:0.00 GRRFIELD COUNTY CO
16. The construction of the Pipeline shall be limited to the hours of 7:00AM to 7:00PM,
Monday through Saturday. If inclement weather conditions or field conditions require
schedule changes, construction may occur on Sundays to meet construction schedule. Ursa
will notify Garfield County and affected residents if Sunday work is necessary.
17. All extraction and processing activities shall be required to comply with the following
performance standards:
(1) Volume of the sound generated: The noise shall be required to meet the
standards in COGCC Rule 800 Series.
(2) Vibration generated: every use shall be so operated that the ground vibration
inherently and recurrently generated is not perceptible, without instruments, at any
point of any boundary line of the property on which the use is located;
(3) Emissions of smoke and particulate matter: every use shall be so operated so as to
comply with all Federal, State and County air quality laws, regulations and standards;
(4) 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 use of the adjoining property or which constitutes a public 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
n1easures shall be exen1pted fron1 this provision;
(5) Storage area, salvage yard, sanitary land-fill, and mineral waste disposal areas:
(a) Storage of flammable, or explosive solids, or gases, shall be in accordance
with accepted standards and laws and shall comply with the National Fire Code;
(b) At the discretion of the Board of County Commissioners all outdoor storage
facilities for fuel, raw materials and products shall be enclosed by a fence or
wall adequate to conceal such facilities from adjacent property;
(c) No materials or wastes shall be deposited upon a property in such form or
manner that they may be transferred off the property by any reasonable
foreseeable natural causes or forces;
( d) All materials or wastes which might constitute a fire hazard or which may
be edible by or otherwise be attractive to rodents or insects shall be stored
outdoors in accordance with applicable State Board of Health Regulation;
(6) Water pollution: in a case in which potential hazards exist, it shall be
necessary to install safeguards designed to comply with the Regulations of the
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Environmental Protection Agency before operation of the facilities may begin.
18. The Operator shall provide information to the residents of Valley View Village prior
and during construction to inform them of their plans, timing, and what to expect
during the construction portion adjacent to their homes. More specifically, the Operator
shall meet with HOA Presidents or appropriate neighborhood representatives.
19. Prior to the issuance of a Special Use Permit, the Applicant shall address the comments
prepared by Garfield County Consulting Engineer, Chris Hale, Mountain Cross
Engineering:
a) The Applicant should include fittings or transition necessary to transition
from a 12" pipe to a 16" pipe at station 47+00.
b) There are two horizontal bends proposed in an area of pipeline that is
proposed to be bored beneath Stone Quarry Road, station 59+37 to station
61 +87. The Applicant should discuss the feasibility of constructing 45° and
87° bends in borings.
c) The Applicant should provide a detail for the proposed valve sets, and any
pipeline maintenance structures and pressure relief valves shall be constructed
such that nuisance issues are guarded against for nearby residents.
d) The typical trench section should be revised to match the Garfield County
conditions for pipeline installations. The note on the cover should be revised
to reference these conditions also.
20. The "Integrated Vegetation and Noxious Weed Management Plan" prepared by West
Water Engineering identified locations along the pipeline that had riparian areas and
wetlands. The Applicant should identify if any permitting was obtained and/or necessary
and the mitigation that was implemented. Specific construction mitigation necessary
should be included on the plan sheets.
ATTEST: BOARD OF
GARFIELD
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Receptlontt: 872160
01/05/2016 04:19:45 PM Jean Alberico
7 of 9 Rec Fee:$0.00 Doc Fee:O 00 G~RFIELD COUNTY CO
Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
=C=O=MM=I=S=SI=O=N~E=R~C=H~A=IR~J~O=HN~~F~. MAR~=T=IN_,__ _______ _,, Aye
=C=O=M=M=I=S=SI=O=N~E=R~M~IK=E~SA~M=S~O~N~ __________ _,Aye
=C=O=M=M=I=S=SI=O=N=E=R~T~O=M~J~A~N=K=O~V~S=K~Y,__ __________ ,Aye
STATE OF COLORADO )
)ss
County of Garfield )
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 Proceeding 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 __ day of A.D. 20 __ .
County Clerk and ex-officio Clerk of the Board of County Commissioners
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01/05/2016 04:19:45 PM Jean Alberico
8 of 9 Rec Fee:$0.00 Doc Fee:0,00 GARFIELD COUNTY CO
00
Exhibit B: Legal Description
The Battlement Mesa PUD Phase I Pipeline (Pipeline) will begin at the proposed B well pad located
approximately in the Battlement Mesa Planned Unit Development (PUD) off of County Road (CR) 307 in
the SW Y-1 of the NW Y-1 of Section 18, Township 7 South, Range 95 West of the 6th P.M. and continuing
northeast to the proposed D well pad then south and east through section 17 to the tie-in point in the SE Y-1
ofthc SE Y-1 of Section 17, Township 7 South, Range 95 West of the 6th P.M. south of CR 302. The entire
Pipeline route is within the PUD.
Section: 8 Township: 7 Range: 95 ALL THAT PROPERTY LOCATED IN SEC 5, 6, 7, 8, 9, 10, 16, 17,
18, 19 IN 7-95. ALSO THAT PROPERTY LOCATED IN SEC 13 & 24 7-96 ALL WITHIN THE
BATTLEMENT MESA PUD. EXCEPT A TR CONT 6.20 AC DESC IN REC #502259. EXCEPT TOWN
CENTER FL #5 AS DESC IN REC #513419 CONT 22.370 AC. ALSO A TR OF LAND CONT 18.574
AC+/-AS DESC IN BNDY LINE ADJ BK 1703/327, 330 EXCEPT A TR OF LAND CONT. 37.65 AC
+/-AS DESC ON THE FINAL PLAT, STONE QUARRY COMMONS, A RE-SUB OF LOTS 5-1 & 5-2
OF BATTLEMENT MESA PUD REC #691907. EXCEPT A TR OF LAND CONT 35.461 AC+/-AS
DESC IN WD BK 1877/16 EXCEPT A TR OF LAND CONT 35.33 AC+/-AS DESC IN SWD BK
1947/706. EXCEPT A TR OF LAND CONT. 11.81 AC +/-AS DESC IN THE TOWN CENTER, FLG #6,
BATTLEMENT MESA PUD, REC# 743233 & GWD #743971. EXCEPT FOR 6 TRACTS OF LAND -
PARCEL 1, 57.68 AC+/-: PARCEL 2, 76.26 AC+/-: PARCEL 3, 52.80 AC+/-: PARCEL 6, 35.67 AC
+/-:PARCEL 7, 56.17 AC+/-AND OLD HIGH SCHOOL PARCEL, 41.35 AC+/-AND DESC IN SWD
REC #740298, & TOTALING 319.93 AC+/-
Project Description: This is a Special Use Permit application, Pipeline Development application &
Grading Permit application for a 12 to 16 inch steel natural gas pipeline to be
collocated with two 8 inch high density polyethylene water lines to serve the
proposed B and Dwell pads in the Battlement Mesa PUD. The total pipeline
length is 2.5 miles located in a 25 foot easement with a total disturbance during
construction of 13 acres. General proposed pipeline alignment is shown below:
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