HomeMy WebLinkAbout4.0 Response to June 30 Site VisitJuly 1, 2004
Dion Plsek
Cordilleran Compliance Services, Jnc,
826 21 1/2 Road
Grand Junction, CO 81505
Garfield County
BUILDING & PLANNING DEPARTMENT
RE: Special Use Permit request for "Material Handling/Storage of Natural Resources" in
the ARRD zone district (water storage pond)
Dear Mr. Plsek,
Thank you for taking the time to show me around the various projects Encana has planned in the
field on Wednesday, June 30th. The subject of this letter is strictly related to the Lake Fox water
storage pond facility on Grass Mesa. The proposal includes pumping water directly to the facility
from the Hunter Mesa water treatment facility via a pipeline as well as limited water delivery and
retrieval via tanker truck.
As a result of the site visit, this office now understands that the water line conveying fresh water
from the Hunter Mesa facility to the Lake Fox facility has already been constructed and is currently
in operation. This "water line" is an integral component of the Lake Fox Facility and is also subject
to the County's regulatory jurisdiction as applied in the County's Zoning Resolution where water
lines are considered as "material handing" in the ARRD zone district.
During the site visit, Encana represented that this office had indicated that the water line was not
subject to county regulation and because of the way the OGCC regulations exempt the water line
from local regulation. This Staff finds this is not only an incorrect interpretation of the OGCC rules
but also the County's regulations. The only pipelines / water lines not regulated by County
regulations include "flow lines" which are defined as follows in the OGCC rules:
FLOWLINES shall mean those segments ofpipe from the wellhead downstream through the
production facilities ending at: 1) in the case ofgas lines, the gas metering equipment; or 2) in
the case of oil lines, the oil loading point or LACT unit; or 3) in the case of water lines, the
water loading point, the point of discharge to a pit, or the infection wellhead.
This office believes that because the S" water line delivering water to the Lake Fox facility does not
begin at a wellhead; it is not a flowline. In fact, the subject water line begins at a freshwater pit at the
Hunter Mesa facility and ends at the Lake Fax water storage facility with no connection to a
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wellhead at any point. As a result, this line is regulated by County regulations. Additionally, since the
line has already been constructed, it is also a zoning violation. The present Special Use Permit
application for the Lake Fox water storage facility does not currently contain any information
regarding this water line; as a result, the application cannot move forward because of the following
two points:
1) The substance of the application is incomplete and inadequate due to the lack of information
regarding the water line; and
2) Notice provided for the public hearing will be inadequate because the legal description of the
subject property does not include the water line easement and property owners within 200
feet of the water line easement have not been property notified.
Based on the forgoing, Staff has cancelled the public hearing date scheduled for July 12, 2004 and
will not reschedule the matter to be heard before the Board until the points stated above have been
remedied to the satisfaction of this office. Do not hesitate to contact this office should you have any
questions
Very truly yours,
Fred A. Jarman, AICP, e or Planner
974.945.$212
2
wellhead at any point.. As a result, this line is regulated by County regulations. Additionally, since the
line has already been constructed, it is also a zoning violation. The present Special Use Permit
application for the Lake Fox water storage facility does not currently contain any information
regarding this water line; as a result, the application cannot move forward because of the following
two points:
1) The substance of the application is incomplete and inadequate due to the lack of information
regarding the water line; and
2) Notice provided for the public hearing will be inadequate because the legal description of the
subject property does not include the water line easement and property owners within 200
feet of the water line easement have not been property notified.
Based on the forgoing, Staff has cancelled the public hearing date scheduled for July 12, 2004 and
will not reschedule the matter to be heard before the Board until the points stated above have been
remedied to the satisfaction of this office. Do not hesitate to contact this office should you have any
question s
Very truly yours,
Fred A. Jarman, AICP, or Planner
970.945.8212
2