HomeMy WebLinkAbout2.0 BOCC Staff Report 08.11.1986REQUEST:
APPLICANT:
LOCATION:
SITE DATA:
BOCC 8/11/86
PROJECT INFORMATION AND STAFF COMMENTS
Special Use Permit for Natural Gas
Pipeline
American Matrix Reserves, Inc.
A parcel of land located in the NW
1/4 Section 28, SW 1/4 SW 1/4
Section 21, and E 1/2 Section 20,
Township 7 South, Range 90 West;
located approximately 12 miles
south of New Castle, off of County
Roads 312 and 328.
The site consists of an 8,200 ft.
pipeline right-of-way.
ACCESS: Existing private access roads.
EXISTING ZONING: A/R/RD
ADJACENT ZONING: A/R/RD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The site is located in District D, Rural Areas with Moderate
Environmental Constraints, as designated on the Comprehensive Plan
Management Districts Map.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The site is located in a rural portion of the
County with land uses primarily open space, ranching, and natural
resource extraction.
B. Project Description: The applicant proposes to construct an 8,
200 ft. 2° pipeline, to be -buried a minimum of 3' deep on
right-of-way acquired from the State Department of Wildlife, and
MING Properties, Inc. Construction will take 3-4 weeks and will
be in accordance with DOT Pipeline Safety Regulations, Natural
Gas Parts 191 and 192. Construction is proposed to begin as soon
as possible, and will connect with Northwest Pipeline at its
northern end.
C. History: The proposed pipeline is being developed to serve the
Baldy Creek 3-28 well, approved by Special Use permit in 1980.
III.MAJOR ISSUES AND CONCERNS
1. The applicant has represented that agreements with landowners
have been obtained, however, documentation of these agreements
should be submitted prior to any final approval.
IV. SUGGESTED FINDINGS
1. That proper publication and__ prtbli'c—a t� ce _a'a9_ provided as
required 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 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.
V. RECOMMENDATION
APPROVAL, with the following conditions:
1. All proposals of the applicant shall be considered conditions of
approval unless stated otherwise by the Board.
2. The applicant, contractor and/or subcontractors shall notify the
County Clerk's office and the 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 comply with all regulations of Garfield
County relating to industrial operations in the zone districts in
which the properties are located, and shall construct and operate
the pipeline in accordance with all applicable State and Federal
Regulations, including but not limited to the Department of
Transportation Pipeline Safety Regulations.
4. The applicant shall apply for and receive any over weight vehicle
permits, as required by the County Road and Bridge Supervisor.
5. The applicant shall submit agreements with all property owners
including the State Department of Wildlife authorizing the
construction of the pipeline and addressing restoration of the
site. All agreements shall be submitted prior to any Resolution
of Conditional Approval.
6. The applicant shall have 120 days from the date of the Resolution
of 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.
0,1
STATE OF COLORADO
Richard D. Lamm, Governor
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE 0 •
James B. Ruch, Director
6060 Broadway
Denver, Colorado 80216
Telephone: (303) 297-1192
August 8, 1986
!1} AUG 13 1986
LL_
GARFIELD COUNTY
Garfield County Commissioners
Garfield County Courthouse
Glenwood Springs, CO 81601
RE: Garfield Creek - American Matrix Reserves - Right -Of -Way
Commissioners:
The Division of Wildlife and Wildlife Commission at its July 17
meeting approved the application of American Matrix Reserves
(A.M.R.) for the construction and maintenance of a 2 inch diameter
natural gas pipeline as it crosses portions of Sections 21 and 28,
T. 7 S., R 90 W.
The Right -of -Way agreement has been drafted by the Division, signed
by A.M.R. and the consideration paid. The document is being
processed for State Officials signatures.
This letter shall therefore serve as the Divisions official notice
to the County Commissioners that A.M.R. is authorized to apply to
the County for a Special Use Permit for the proposed construction of
the subject pipeline. Also this letter shall further authorize
A.M.R. to enter upon wildlife lands and begin the construction of
the pipeline with the understanding that all activity will be in
accordance with the Right -of -Way agreement and that the Divisions
Glenwood Springs Office be advised prior to the beginning of
construction.
Sincerely,
Pete Barrows
State Wildlife Manager
PB/,JCC/SES
cc: Olson
Norman
RECEIVED
AUG 111986
cum
DEPARTMENT OF NATURAL RESOURCES, David H. Getches, Executive Director• WILDLIFE COMMISSION, Timothy W. Schultz, Chairman
Rebecca L. Frank, Vice Chairman • George VanDenBerg, Secretary • Richard Divelbiss, Member • Donald A. Fernandez, Member
Robert L. Freidenberger, Member • John Lay, Member • James T. Smith, Member
AGREEMENT
This stipulation between American Matrix Reserves, Inc. and Garfield
County, Colorado is entered into on this day, the llth of August, 1986.
It is the intent of the parties that by entering into this agreement, they
acknowledge certain conditions of approval concerning the Special Use
permit for natural gas pipeline system, (hereinafter referred to as
pipeline), conditionally approved on August 11, 1986.
Specifically, the parties acknowledge that the Final Resolution of
Approval and the Special Use permit for the pipeline shall not be issued
until the following conditions have been met to the satisfaction of the
Garfield County Board of Commissioners.
Conditions:
1. All proposal of the applicant shall be considered conditions of
approval unless stated otherwise by the Board.
2. The applicant, contractor and/or subcontractors shall notify the
County Clerk's office and the 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 comply with all regulations of Garfield
County relating to industrial operations in the zone districts in
-Which the properties are located, and shall construct and operate
the pipeline in accordance with all applicable State and Federal
Regulations, including but not limited to the Department of
Transportation Pipeline Safety Regulations.
4. The applicant shall apply for and receive any overweight vehicle
permits, as required by the County Road and Bridge Supervisor.
5. The applicant shall submit agreements with all property owners
including the State Department of Wildlife authorizing the
construction of the pipeline and addressing restoration of the
site. All agreements shall be submitted prior to any Resolution
of Conditional Approval.
6. The applicant shall have 120 days from the date of the Resolution
of 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.
American Matrix Reserves, Inc. is hereby authorized to immediately
commence construction of said pipeline on lands described in Exhibit A in
Garfield County, State of Colorado.
American Matrix Reserves, Inc. expressly agrees and admits that all
construction and related activities are done without any assurance,
agreement or stipulation on behalf of the Garfield County Commissioners
that final approval of the project will be granted in the future.
American Matrix Reserves, Inc. hereby acknowledges that all construction
and related activities are done at its own risk, without liability of
Garfield County, specifically acknowledging the necessity of the
satisfaction of the above noted conditions of approval before final
authorization is granted.
American Matrix Reserves, Inc. shall satisfy the above noted conditions on
or before October 1, 1986, at which time authorization for construction
and related activities based upon this agreement shI expire.
?A?72A,?i'ze
American Metrix Reserves, inc.
Schmueser, Chairman
Garfield County Commissioners