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Home My WebLink About3.0 Resolution 2005-1411111111111111111111111II1ifl111111 {111111111111101 • 668312 02/08/2005 12:12P B1661 P363 M A LSDORF 1 of 4 R 0.00 D 0.00 GARFIELD COUNTY 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 Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood Springs on Monday, the 2°' day of August, 2004, there were present: John Martin Larry McCown Tresi Houpt Don DeFord Mildred Alsdorf Ed Green , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2005-14 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR MATERIAL HANDLING OF NATURAL RESOURCES FOR AN 8 - INCH WATER LINE FROM BUCKHORN DRIVE IN THE CITY OF RIFLE THAT EXTENDS TO THE HUNTER MESA WATER TREATMENT FACILITY IN GARFIELD COUNTY WHEREAS, the Board of County Commissioners of Garfield County, Colorado, received a Special Use Permit (SUP) request for "Material Handling of Natural Resources" submitted by EnCana Oil & Gas (USA), Inc. to install an 8 -inch water line from Buckhorn Drive in the City of Rifle that extends to the Hunter Mesa Water Treatment Facility in Garfield County for a total length of approximately 5.87 miles; and WHEREAS, the Applicant specifically proposes to construct an 8 -inch water line and related facilities that will deliver fresh water from the Last Chance Ditch in the City of Rifle to the Hunter Mesa Water Treatment Facility in Garfield County and where this water will be used, along with water processed at the Hunter Mesa Water Treatment Facility, for continued well drilling and completion work in the area; and WHEREAS, the water line crosses seven private properties zoned Agricultural / Residential / Rural Density (ARRD) and two tracts of Bureau of Land Management (BLM) property and that a water line is considered Material Handling of Natural Resources which requires a Special Use Permit in the ARRD zone district; and 1111111 11111 1111111 11E1111 11 1111 Ill 11111 11111111 668612 02/08/2005 12:12P B 1 P364 M RLSDGRF 2 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO • WHEREAS, the Board of County Commissioners opened a public hearing on the 2"`t day of August, 2004 upon the question of whether the above-described SUP for Material Handling of Natural Resources should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said SUP; and WHEREAS, the Board of County Commissioners closed the public hearing on the 2"a day of August, 2004 to make a final decision; and WHEREAS, the Board of County Commissioners on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of facts: 1. That proper publication, public notice, and posting was provided as required by law for the hearings before the Board of County Commissioners. 2. That the public hearing before Board of County Commissioners was extensive and complete; all pertinent facts, matters and issues were submitted; and that all interested parties were heard at those hearings. 3. The proposed special use permit conforms to Sections 2.02.31(6), 3.02.03, 5.03, 5.03.07 and 5.03.08 of the Garfield County Zoning Resolution of 1978, as amended. 4. 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 based on determination of facts set forth above, the SUP request for Material Handling of Natural Resources is approved for the proposed 8 -inch water line from Buckhorn Drive in the City of Rifle that extends to the Hunter Mesa Water Treatment Facility in Garfield County for a total length of approximately 5.87 miles with the following conditions: 1. That all representations made by the Applicant in the application and as testimony in the public hearing before the Board of County Commissioners shall be considered conditions of approval, unless specifically altered by the Board of County Commissioners. 2. The Applicant shall provide surface use agreements that clearly show that the Applicant has obtained all necessary approvals to cross all subject private properties along the proposed waterline route prior to the issuance of a Special Use Permit from Garfield County. 1111111 11111 1111111 1111111111 111111#1111111111 1111 668312 02/08/2005 12:12P B166365 M ALSDORF. • 3 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO 3. Prior to the issuance of a Garfield County Special Use Permit, the Applicant shall provide all applicable approvals from the Bureau of Land Management (Form 299) and the Army Corps of Engineers (Nationwide Permit 12 Section 404). 4. The Applicant shall obtain a Watershed District Permit from the City of Rifle for the construction of the pipeline as it falls within the City's jurisdiction under the Watershed Ordinance and regulated activities prior to the issuance of the Special Use Permit from Garfield County. 5. The subject pipeline shall be used to deliver water solely for the Applicants or their successors in interest for the use in the extraction of gas. Any secondary taps to the water line by third parties or secondary use by the. applicant shall require an amendment to this special use permit and proof that said third parties possess rights to water being distributed through the pipeline. 6. In order to comply with the requirements of the County Vegetation Manager, the Applicant or their successors in interest shall provide a written commitment to inspect, monitor, and be responsible for the management of any of Garfield County's Noxious Weeds that may emerge on private lands that are disturbed by the pipeline. This conunitment shall be in effect for the life of the pipeline and shall include a commitment to respond to any complaints by landowners regarding pipeline noxious weeds in,a timely manner. This commitment shall include cooperation with the Bureau of Land Management in developing a weed management plan for any noxious weed infestations that occur on the pipeline within BLM land. 7. The Applicant shall provide a revegetation security in the amount of $26,000.00 to cover the revegetation obligation of the Applicant for 26.13 acres of private (non- federal) lands along the pipeline route. 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. It shall be the responsibility of the Applicant to contact the County, upon successful revegetation establishment, to request an inspection for security release consideration. No Special Use Permit shall be issued until this security has been posted. 8. The Applicant shall provide a copy of the Storm Water Management Plan submitted to the Colorado Department of Public Health and Environment prior to the issuance of any Special Use Permit from Garfield County. 9. The Applicant shall adhere to the "Construction, Operation, and Maintenance Plan" which is included in the permit application for Storm Water Management Plan for all activity on private land as well as public lands. 10. The Applicant shall provide a construction schedule and indicate where staging areas are to be located to be used during construction to the Planning Department prior to the issuance of a Special Use Permit. I IOIIil II1II11111111111111111111 i 11 1111111111111111 668312 02/08/2005 12:12P B P366 M ALSDORF1 4 of- 4 R 0.00 D 0.00 GARFIEL COUNTY CO 1 • 11. A draft agreement between the Loesch & Crann Ditch Company and the Applicant dated July 26, 2004 was submitted. This agreement contemplates a seven (7) year agreement with the right to extend the agreement another seven years. As a result, the Applicant shall be required to maintain a legal water supply and approval to use the Last Chance Ditch for the proposed life of the water line of 30 years. 12. The Applicant shall prepare and submit a formal fire protection plan to the Rifle Fire Protection District which includes a phone list of supervisory personnel, as it relates to construction activities. This list should also contain phone numbers, office and cell. This plan shall also include measures that address the potential impacts of any fire bans that may be enacted by the County. f� Dated• :this _ day of e� — , A.D. 2005. ..�ATY:ES l' : Clerk of the Board GARFIELD COUNTY BOARD OF COM SIONERS, GARIE 1 COUNTY, CO ,I RA DO Ch Upon motion duly made and seconded the foregoing the following vote: John Martin Tresi Hou.t STATE OF COLORADO County of Garfield I, )ss ) s adopted Board of County Commissioners in and for t, County Clerk and ex -officio Clerk of th he County and State aforesaid do herebye certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners now in m office. ommissioners for said Garfield County,y IN WITNESS WHEREOF, I have hereunto set my hand said County, at Glenwood Springs, this day of County Clerk and ex -officio Clerk of the Board of County and affixed the seal of , A.D. 2005 Commissioners