HomeMy WebLinkAbout3.00 Director's Determination 04.24.2019C. Garfield County
April 24, 2019
Anna Smith
HRL Compliance Solutions, Inc.
2385 F 1/2 Road
Grand Junction, CO 81505
DIRECTOR DETERMINATION Cottonwood Pass Pipeline Replacement Project
PDPA-02-19-8713
Dear Mrs. Smith
This letter is being provided to you as the representative for an Administrative
Review Application for a Pipeline Development Permit. The proposed use will be
located across numerous properties in southeast Garfield County
The Director's Determination on the Application is based on the following findings
and subject to the Applicant's representations and conditions of approval.
Findings
1. That proper public notice was provided as required for the Pipeline Land
Use Change Permit.
2. That with the adoption of conditions, the application is in general
conformance with the 2030 Comprehensive Plan, as amended.
3. That with the adoption of conditions the application has adequately met the
requirements of the Garfield County Land Use and Development Code, as
amended.
A Director's Decision is hereby issued approving the Application with the following
conditions.
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Conditions of Approval
1. All representations made in the submittal materials and other documentation
provided shall be considered conditions of approval unless otherwise amended
by this decision.
2. The operation and installation of the pipeline shall be operated in accordance
with all applicable Federal, State, and local regulations governing the operation
of this type of facility.
Prior to the Issuance of the Pipeline Development Permit
3. Prior to the issuance of the Pipeline Development Permit, the Applicant shall
provide the County with a revegetation bond as required by Garfield County
Vegetation Management. The security shall be held by Garfield County until
vegetation has been successfully reestablished according to the Reclamation
Standards in the Garfield County Weed Management Plan, as amended.
4. Prior to the issuance of the Pipeline Development Permit, the Applicant shall
provide a statement as required by Section 9-102(E)(2)(c)(3) of the Land Use
and Development Code regarding compliance with the terms and conditions of
applicable deeds, easements, or surface use agreements.
5. Prior to the issuance of the Pipeline Development Permit, the applicant shall
update the Emergency Response Plan to meet the requirements in Section 9-
102 (N) of the Land Use and Development Code regarding the reimbursement
of emergency service providers.
Other Conditions
6. The applicant shall address potential Harrington beardtongue issues as
identified in Vegetation Management's Referral Comment, provided as Exhibit
13.
7. The applicant shall forward the weed management inventory and the post -
construction treatment records of county listed noxious weeds to Vegetation
Management as required by that department.
8. Installation of the pipeline shall comply with the "Conditions to all Pipeline
Grading and Installation Permits for Garfield County" (Exhibit 19). Deviations
from these requirements shall be permitted provided that they are approved by
the Garfield County designated engineer and Garfield County Community
Development.
9. The applicant shall comply with all State and County noise requirements.
10. The applicant shall comply with all Garfield County Road and Bridge
requirements.
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11. Once the construction of the pipeline is complete the applicant shall submit a
statement from a qualified professional engineer certifying the completion of
the project in compliance with the Land Use Change Permit. A digital copy of
the surveyed pipeline as -built will be provided to the Community Development
Department.
12. Should the pipeline be abandoned and removed, it shall be subject to the
original revegetation and weed management requirements in the application.
13. This Pipeline Development Permit only permits the first phase of the pipeline
as indicated in the application.
The Land Use and Development Code requires notification to the Board of County
Commissioners for their review and potential call-up of the Director's Decision.
The Board review is for a period of 10 calendar days commencing on the date of
the Director's Decision. In addition, the Land Use and Development Code requires
a 14 -day waiting period before the Land Use Change Permit is issued.
Once the call-up period and waiting period has passed with no request for review
or public hearing, and provided all relevant conditions of approval have been
resolved the Land Use Change Permit will be issued. Pursuant to the Land Use
and Development Code, the Applicant has one year from the date of the Director's
Decision to satisfy all conditions of approval or request an extension.
Please contact this department if you have any questions.
Sincer
Sheryl .ower, AICP
D i recto
CC:
of Community Development Department
oard of County Commissioners, file
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