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HomeMy WebLinkAboutpitkin.planning.246513000000DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s). Letter Site Plan Miscellaneous Plat copies (llxl'n PA~tGt}7. 2465-13, 2467 20; 17, DATA. itCDP~,S:~ OA$EN1O~P019 91 ~~ .. ,. .. f"fi+~E ;Rocky Mountain Natural Gas 1041 Revew Pl.Nf'~ 1DR' APP; Rocky Mountain Nat ADR Cd5I2;~ PHN. REP:~i Ai3R:~~ CIS/Z:~_ PFIN F~~~ DUE:~~ F RCVD:~-r ALLOCATED HOl1RS:~~~ °k OVER ~~_ DUE:~~ OFFINALACTiOM: BOCC Reso: 91-95 #337039 91-29 BOCC Ord: PZ: ~` ~- NOINDEX: ADMIN: ~~®.. PLAT Ft}EG9Rd~C~- P4AT(BKPG): B27 P4647#33703 ADA+f1N 4NDE5C' ~~- ~~~~ VRA€~RROVAtDATE:~~~~ VI~~#4'IRES,~- CASET4'P: 1041 Review CASE I'YPS: DAS~TYP2:' ~ETYP6: EASE 7YP3t. CASE T1'P7' CAEi~ "f1'P4: da#Q Scanned: 7/27/07 File. Location' FF Bor #97 REP:~~ 8Y~- ~'"~ ~~ ~: ~:. RESOLIITION OF THE PITRIN COUNTY. PLANNING AND ZONING COMMISSION RECOMMENDING 1041 HAZARD REVIEW APPROVAL FOR ROCKY MOUNTAIN NATURAL GAS TO CONSTRUCT A NATURAL GAS PIPELINE FROM .,;THE ,OLD EMMA STORE TO WINGO JIINCTION Resolution No. PZ-91-~ / WHEREASy Rocky Mountain Natural .Gas (hereinafter !'Applicant") has applied to Pitkin_County to construct a natural gas pipeline pursuant to Section 5-400 and Articles 2 and 5 of the Land Use Code across property whirclh is shown on, the 1041 Hazard Review map recorded at Book ~ / Page ~ in the office of the Clerk and Recorder; and WHEREAS, the Applicant has ..applied to Pitkin County for Floodplain and Wildlife "1041" Hazard review to_construct a natural. gas pipeline which is approximately 3.5 miles in length; and WHEREAS, the proposed pipeline. crosses mostly hay fields, but. crosses under the river bed of the, Roaring Fork River and through riparian habitat... just west of the railroad.. trestle at _Wingo .Junction; and .WHEREAS, the Pitkin County Planning and Zoning Commission (hereinafter, "Commission") considered the request at a duly noticed public meeting on June 4, 1991 and recommend approval to the Board of County Commissioner's. NOW, THEREFORE BE IT RESOLVED by the Commission that it hereby recommends 1041. Hazard_Review_approval to Rocky Mountain Natural Gas for the construction of a new gas line subject to the following Resolution No. PZ-91-~ Page 2 conditions: 1. The applicant shall file a 1041 Hazard Review Map for Planning and Zoning Commission's chairman!s signature, prior to issuance,. of a building permit:. " 2. The applicant shall apply for and receive a Floodplain Development Permit from the County Engineer and Planning Office, prior to issuance of an excavation permit. 3. The applicant shall restrict the disturbed area within riparian. vegetation to no more than 25-feet. 4. All material. representations made by the applicant in the °" application and public meeting shall be adhered to and considered. conditions of .approval, unless otherwise amended by other conditions.. APPROVED by the Commission at its regular meeting on June 4, 1991. ATTEST: oC4o.O~-~ Debbie 8kehan, Office Manager APPROVED AS TO FORM: Timothy Wh' County ner PITRIN COUNTY PLANNING AND ZONING COMMISSION ,~ . 6. ~•,. , J~tia Reser, Chairperson Date I ~ ~ • q z APPROVED AS TO CONTENT: Amy a gerum ~'b~---- Plan. ns Di ector reso.1041.pz.rockymtn k= ~~ ,,~. ~~ REVISE- BY I/91 LRG ROCKY_..MOUNTAIN NATURAL GAS CO. SITE HAZARD MAP ~1~s~~~ C COLORADO Scale: 1"=20' Appr.By Sheet 1 of 1 Drawn By: W_E.(. 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GG ~ 658 FAG ::105 aP„r, Silvia Davis, Fitk.in Cnty Cler~4., Doc $.Gi~ ~~~~~~ RESOLIITION OF THE PITRIN'COUNTY BOARD''OF COUNTY COMMISSIONERS GRANTING 1041 HAZARD REVIEW APPROVAL FOR` `: "` ROCKY MOIINTAIN NATIIRAL GAS TO CONSTRIICT A NATIIRAL GAS PIPELINE"FROYS T$E OLD EMMA' ~`" STORE TO WINGO JUNCTION Resolution No. 91-~~ WHEREAS, Rocky Mountain Natural Gas (hereinafter "Applicant") has applied to Pitkin County to construct a natural gas pipeline pursuant to Section 5-400 and Articles 2 and 5 of the Land Use Code across.. property which is shown on the 1041 Hazard Review map recorded. at Book oZ~ Page ~~ in the office of the Clerk and Recorder; and WHEREAS, the--proposed 3.5 mile natural gas pipeline alignment will cross mapped Floodplain and Wildlife."1041" Hazard areas; and WHEREAS, the proposed pipeline crosses mostly hay fields, but crosses under the river bed of the Roaring Fork River and through riparian habitat just west of the railroad trestle at wingo Junction; and WHEREAS, the Pitkin County Planning and Zoning Commission considered the request at a duly noticed public meeting on June 4, 1991 and recommend approval to the Board of County Commissioner's; and RHEREAS, the Board of County Commissioners (hereinafter "Board") considered the applicant's request at a duly noticed public hearing on July 9, 1991 at which time evidence and. testimony was heard regarding the applicant's request; and .>~:. f #E_i3itj39 i~]~'/91 30:05 Rec x.40 BK. 65G"106 Silvia Davis, Fitkin Cnty Clerk, Doc ~,~Oc? .- Resolution No. 91-,~J Page 2 WHEREAS, the Board found that the Applicant's request met the requirements of the Land IIse Code and .that the proposal will have a minimal impact on the surrounding environment. NOW, THEREFORE 8E IT RESOLVED by the Board of County Commissioners that. it hereby grants 1041 Hazard Review approval to Rocky Mountain Natural Gas for the construction of a new gas line h~as shown on the 1041 Hazard Review map recorded at Book oZ~ Page Z~_ in the .office... of the Clerk and Recorder and subject to the following conditions: 1. The applicant shall file a 1041 Hazard Review Map for Planning and Zoning Commission's chairman''s signature, prior to issuance of a building permit. 2. The applicant shall apply for and receive a Floodplain Development Permit from the County Engineer and Planning Office, prior to issuance of an excavation permit. 3. The .applicant shall restrict the disturbed area within riparian vegetation to no more than 25 feet. 4. The applicant will coordinate with the irrigators of the various ditches, prior to disruption of water service'in the ditch. 5. The. applicant shall initially try to bore `under Highway 82, private driveways and irrigation ditches, to lay the pipeline, prior to surface disturbance of"these areas. The applicant is to assume all costs associated with repaving if the surfaces of these areas are disturbed. 6. 'The applicant shall begin revegetatioh of the disturbed riparian vegetation immediately after the installation of the pipeline. Revegetaton methods are more specifically detailed in the Floodplain Development Permit. 7. All material representations made by the applicant in the application and public meeting shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. #339 it'1/[jt/91 16:05 ~iec Y,.Cj `~Y. a . Silvia Davis, Pitkin Cnty Clerk, Do~58.FG 107 Resolution No. 91-~ Page 3 APPROVED by the Board at its regular meeting on July 9, 1991. APPROVED AS TO FORM: reso.bocc.1041.rmng S. Timo h tsitt Coua y rney BOARD OF COIINTY OOMMISSIONERB OF PI'TKIN COIINTY~''`COf.ORADO APPROVED AS TO CONTENTS' Mar um 2 G ~ j P ani irecto €~ ~ ~ r ~.,_r~ . .~e_. The applicant is proposing to build within wildlife habitat and floodplain areas. Nichalos Lampiris addressed potential geologic concerns along the length of the new pipeline and concludes his report by recommending that standard engineering practices be incorporated into the project. Sections 2-10 and 5-203. Logical Extension of IItilities- Rocky Mountain Natural Gas has,. indicated. in their application that this.. project is part of a continuing upgrade to the pipeline system. The current pipeline was installed in the early 1960's and is no longer adequate for current or future.. needs. ~ This new,. pipeline will not only improve capacities but will bring the Basalt Town system up to current standards.. The old pipeline currently runs into Basalt by the 7-il store. It then proceeds through the school yard to Holland Hills. By installing the new pipeline, the old line can be converted into a distribution line and thus lowers the pressure of the line. Sections 2-li and 5-102 Eros1on- The applicant is required to comply with the Army Corps of Engineers 404 permit, which has been .granted to the applicant. SUMMARY: The applicant's proposal appears to be consistent with the Policies and General Regulation sections of the Land Use Code. The Division of Wildlife and Basalt Fire District recommendations appear to be consistent with the Land Use Code, for development within hazard areas. RECOMMENDATIONS: The.,., Planning Office recommends that the Planning and Zoning Commission recommend 1041 Hazard Review and General Submission approvals to the Board of County Commissioners subject to the following conditions: 1. The. applicant shall file a 1041 Hazard. ,Review Map for Planning and Zoning Commission's chairman's signature, prior to issuance of a building permit. 2. The applicant shall apply for and receive a Floodplain Development Permit from the County Engineer, prior to issuance.. of an excavation. permit. 3. All material representations made by the applicant in the application and public meeting shall be adhered to and considered conditions of approval, unless otherwise amended by other conditioner 1041.rockymtn.natgas .. r ~ ~1 ~ /`~I: ~1,. {~/= l ~(, . ;p '~ 1 ~,~ `I ~\ CPC it .~. ~i~' _- ~ - -c~II 1~~ _ .~~~~ ~~.. ~ ,' I 1 ~1 ~I\~ I I ~I`` I~~ ~ \ ~ r )' 1 ~_ ~ ~~~ /8 . 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I1~ I ~ ~ I )~~S' ~ / ~ A9~~ 1, ~ ep ~ Pl J~~ ~ I `r!r J I ~/ ~~ i,C/~ °~~/ ~ ~ I~~ ~ ~:a~ I may. ~ I.I. ~~ ~ I ~~~~ ~ ~~ / ........ ... ~ r~ ~~ c ~ ~l ~~ ~ / ~, r ~ ~~~. ~ ~ in 1~ l m ~ ~ ~ ~~ ~ I ~~ ,I >' ~~ ~ >e~ ' i W~ r..1 v ~~ ~ ,/ ~i, leg / ~ f I m ~Ji~ I~\~~~. ~ ~ -~Jii~~~ ~~ ~~ ~V V Oll(~J//~J~?%I N C.' / i i'"~ ~ ~ ~ ~~ 'hl~` ~.`I~ i ~~~~~'(ol(IJ(I~~ ~1 ~ ~1'(J ~ , ~ A ~ ~ ll\~ 8 i~C// ~I• '~ (\,~,~!ei ~\ _ ~ ~~/~I~ i Im'~.~~. ail ~(%_r ~ Z 0 n R a 0 c Z a z a -~ c m a r a n n Z ROCKY o ~. ~ . <_ .. ~ '~ MOUNTAIN ~ 13:.~~1 , NATURAL 401 27TH STREET GLENWOOD SPRINGS, COLORADO 81601 TELE PHON E:303-945-8617 February 11, 1991 Ellen Sassano Aspen/Pitkin Planning Office 130 South Galena Street Aspen, CO 81611 Re: 1041 Review Information OP91:118 Dear Ms. Sassano: We are proposing to install a new pipeline or lines around the Town of Basalt. The project will begin at the Eagle/Pitkin County line near the old Emma store. From here the route generally follows the railroad in a southeasterly direction to a point where it intersects with the existing pipeline. This project is needed to help insure continued gas service to Basalt, Aspen, Snowmass Village and customers between these towns. The current pipeline system was installed in the early 1960's and is no longer adequate for current and future needs. The old system has never been upgraded to keep up with the growth in the Roaring Fork Valley. We feel that the new upgrades are needed so that we can continue to provide an adequate amount of gas to the Valley for many years to come. This project is part of a continuing upgrade to the pipeline system. The upgrade has currently been completed from the west end of the Valley up to our existing compressor station located just east of Catherine Store. We plan to upgrade the system from the compressor station to the Wingo Junction area this summer. At some point in the future, we may upgrade the system all of the way up to the Aspen area. This new pipeline will not only improve our capacities but will also help us to bring our Basalt town system up to our current standards. The old pipeline currently runs into town by the 7-11 store. It then proceeds through the school yard and on down through Holland Hills. By installing the new pipeline, we can convert the old line into a distribution pipeline and thus lower the pressure of the line. February il, 1991 Ellen Sassano Aspen/Pitkin Planning Office Page two Please find enclosed_a map showing our proposed new pipeline route. There are eight different. property owners along with the Highway Dept. and the Pitkin County Road Department. I have authorization to proceed with this process from all private property owners (copies attached). County Road and State Highway permits are generally valid for 30 to 60 days and will be acquired just prior to construction. The areas disturbed by the pipeline construction will be reseeded. We give the property owner a choice of whether he wishes to be paid by us to reseed or to have us reseed the disturbed areas our selves. This new pipeline installed within Pitkin County will not have any above-ground facilities except for the following: 1) The existing block valve near Wingo Jct. will be modified. 2) Vent tubes on the casing used on road and railroad crossings. 3) Test stations on a 4"x4" post to check the cathodic. protection levels of the pipeline. 4) Any service taps that we may install at some point in the future. The new pipeline will be buried with the above, exceptions. I had Nicholas Lampiris, Ph.D. do the geologic report for the project (copy enclosed). I will submit a .copy of the engineering analysis of the river crossing upon its completion. It should be ready within two to three weeks. I will have Randy Cote (DOW) look at the wildlife/Riparian issues. I will ask him to give you a letter stating his opinions. I have enclosed. copies of the authorization from the Corps of Engineers to cross the river with the pipeline. I have enclosed envelopes addressed to_the property owners .and the adjoining owners. I have attached a check in_the_amount_of_$1,670.00 to cover the fees for this permitting process. Time is of the essence on this review period. The project needs to be under way prior to the spring runoff if at all possible. Please get us on the next available agenda. Anything that can speed up the process would be appreciated. February 11, 1991 Ellen Sassano Aspen/Pitkin Planning Office Page three Please contact me at 401 27th Street, Glenwood Springs, CO 81601 or at 945-8617 "if you have`any questions. Please let me know as quickly as you can what the dates are for the meetings with P&Z and the BOCC. This will help'us`to plan our construction timing. Sincerely, .J~~~.~ James L. Krohe Right of Way Agent JLK/sbj Enclosures MEMORANDUM TO: Mary Lackner, Planning Office FROM: Tom Newland ID APR - 41991 ~~ 4~5-~3~ ~-~~~~ac~ RE: RMNG Pipeline 1041 Hazard Review DATE: April 4, 1991 I have reviewed the information submitted and would like to forward the following comments to you: Geologic: Dr. Lampris' report finds no significant geologic concerns with the proposed project. Floodplain: The river crossing has been placed in a portion of the stream where minimal disturbance will result. The .applicant has thoroughly studied the river crossing and it's engineer feels that no significant impact to the floodplain will result assuming that "original ground contours will be restored, the site will be revegtated and there will be no new structures placed within the floodplain area." Applicable county regulations regarding the crossing of rivers, creeks and ditches are Sections 5.02.03(cJ and 5.02.12 of the 1990 Pitkin County Road Standards and Specifications. Section 5.02.03 (c) concerns utilities within major Ploodways ahd statese "All utilities within or adjacent to major floodways must be located and installed in a manner that will prevent objectionable damage such as land erosion, water pollution, or flood diversions. To insure that this type of damage is prevented, the applicant must further apply for and receive a Floodplain Deve"lopment Permit for work within .the floodway (see section 4.03)." Through the Development Within a Floodplain Permit process, it is recommended that a detailed.reclamation/revegetation plan for the river crossing be developed and submitted. Said plan should adequately describe the existing topography to be reclaimed, the ground cover and planting proposed, and present hard costs for the total restoration work. The applicant will be requested to provide fihancial assurance that. the work will be completed according to this plan. Section 5.02.12 concerns utility bridge, ditch or culvert crossings and reads: "In general, utilities are not permitted to be attached to bridge but must be placed at least 4-feet below the ditch (roadside or irrigation) or creek flow line as close to the. right-of-way line as conditions permit. The utility must be at least 4-feet below the flow line elevation for a minimum distance of at least 10-feet on either of the ditch bank or at least 20-feet beyond the 100-year floodway section as determined by the County. This would generally permit future bridge and channel improvements without the necessity of relocating utilities. Where utilities are. allowed to be attached to bridges .due to overriding conditions encountered in the field as judged by the County, such utilities shall be placed so as to not obstruct the waterway of the bridge." The Wingo railroad-:bridge is located adjacent to the proposed river crossing 'and could be used for utility placement if determined allowable by the County. I have reviewed the site in the field and recommend that a bridge crossing not be conducted in this case. This is due to two factors: - no "overriding factors" exist that would necessitate a bridge crossing.. The floodplain is well-restricted in this area and man-made features .(bridge abutments, irrigation out-takes) have already disturbed the riparian area and altered the natural river banks. The geologist's report indicates that the soils are relatively stable in this area and,will not be impacted by such work; - The Denver & Rio Grande tracks crossing at the Wingo Bridge may someday be used for active mass transit. Because of this, the .County would prefer that the Wingo Bridge remain unused for utility crossings. If and when the bridge requires upgrading, attached utility improvements almost always present significant re-construction problems. It is recommended that the applicant comply with the above stated excavation requirements. Engineered. plans that depict compliance with the.. standards. can be submitted as a part of the"Development Within a Floodplain Permit application. Impacts on Road System: No significant impact to the local road system is anticipated by this work. The Highway Department will issue permits for work within their right-of-way and the applicant will need to obtain a Road Cut permit for the work proposed within the Emma Road right-of-way. Transportation: The applicant has obtained permission from the Denver & Rio Grande Western Railroad to cross the right-of-way in 2 places. The crossings conform to D&RGW standards for utility crossings. The utility does not use the right-of-way with the exception of these two crossings. It follows laterally along the right-of-way on private lands. ,~. ~ - Revegetation: Other than the river crossing, the alignment of the new pipeline crosses relatively flat hay fields and pasture lands which are not significantly noticeable from the Highway 82 corridor. For this reason I do not have a"problem with allowing the individual landowner it's choice. of either having RMNG reseed or reseeding the scare personally. RNING should, however, be responsible for preparing the scar for reseeding,. including adequate compaction, leveling of the ground, and placement of at least 4-inches of topsoil. The planning office may wish to require the applicant to receive an Earthmoving Permit from the Building .Department for the work not related to the river crossing. ~ZN1NG. iZ~~ .may .. SCHMUESER../RDONMEYERINC. r~OtGrandAVenUe,SUile2-E 5lenwood Springs, Colorado 81601 (303) 945-1004 (303) 9258727 Fax (303) 945-5948 February 20, 1 991 CONSULTING ENGINEERS & SURVEYORS 2-~it~5 e3`) a~ee~-2v Mr. James Krohe, Right-Of-Way Agent Rocky Mountain Natural Gas Company 401 27th Street Glenwood Springs, CO 81601 RE: 1041 Hazard Review Winao Junction Area Pipeline Installation Dear Jim: At your request, I have reviewed your proposed gas line installation in the vicinity of Wingo Junction. This analysis is based on my understanding that the pipeline will cross the Roaring Fork River, that you have previously obtained a nationwide permit from the Army Corps of Engineers for the work and that the installation of .the pipeline will not result irr any above- grade auxiliary structures of any kind. Floodplain Impacts Attached hereto is a map of tl~e floodplain in the vicinity of the pipeline crossing. Clearly, in order for the pipeline to be installed under the Roaring fork River, it will go through the floodplain area. Section 5-402.3 of the Land Use Code requires a floodplain analysis for any work done within a floodplain hazard area. The requirements for that study assume there will be an impact on the floodplain and require an analysis of that impact. In this case, because of the nature of work, it is my opinion that there, in fact, will be no impact to the floodplain of any kind. This assumes that, once the pipeline has been installed, original ground contours will be restored, the site will be revegetated and there will be no new structures located within the floodplain area. Therefore, the floodplain itself would not be affected once the site conditions are restored. The only permit required outside the Land use process is the 404- permit issued by the Army Corps of Engineers. Special Review Permit Criteria You also asked me to review the requirements of the Special Review Permit contained in Section 3.6 of there Land Use Code; more specifically, the criteria for review as stated in Section 3-6.3. A review of those criteria as they would affect this project would be as follows: (1) The activity will not change the basic character or use of the land in which it will be installed. It is my understanding that there is a utility easement through the floodplain area at this time. As long as a commitment is made to restore the original ground contours and revegetate the excavation area, the character of the construction site will not be affected. This activity in not a violation of any policy or regulation of the Land Use Code; (2) The 1041 Review process is the only Land Use Process, to my knowledge, that is applicable; (3) and (4) Since this proposal does not include any building construction, it will not increase the need for parking or utilities, affect employee housing generation or needs, or result in any change in structure size. ^z~ February 20, 1991 Mr. James Krohe Page two In summary, it is my opinion that this activity will not result in any adverse impacts to the floodplain on the Roaring Fork River in the area of construction, The scope of the project appears to be within the review criteria limitations of the Special use Permit Regulations: I trust that the above is sufficient for review by the .Pitkin County staff. I would be available to provide additional information or to further clarify the information above should that be required. Please feel free to call me or have the Pitkin County staff call me directly as needed. Sincerely, SCHMUESER GORDON MEYER, INC. Dean . G Presid nt DWGaec/7111 Enclosure P.E. SCHMUESER GORDON MEYER, -~ >, ~ . `.~~. ~~~-= ~~, :- ~ -~ . ~. ~ ~ e ;~, , , o o^ •~~ .. ~~ ~ _~~.~ "Q~~~ . ~\ _ _ HOlL4N0 HILLS _`_ ~` WINDMILL r RICO p " LUMBER W/NGO ~~~~ ~_ \~`4 ~~- __ _s~~,, d~_GO u 0 f ..~::, ~ it ~~ ~ O ~~ t p~-/Y., \. ~~ -~ ' ~"~, 2-~~e Sa3'~ a~~e7-a~ MEMORANDIIM TO: Rocky Mountain Natural Gas File FROM: Mary Lackner, Planner RE: Insubstantial Change to the RMNG Pipeline Alignment DATE: August 27, 1991 ~~ ~ __ Y_ L`. r -~ f:. The applicant has requested to relocate a 290 ft portion of the approved pipeline alignment to no more than 75 ft to the south of the existing location. The pipeline alignment angle changes slightly for the Roaring Fork River crossing to lessen the disturbance of natural riparian vegetation in the project site. This realignment will save between 5 and 10 mature trees which would have been displaced. The applicant agrees to all the conditions as noted in the approved resolutions by the Planning and Zoning Commission and the Board of County Commissioners. The Planning Office indicated to the applicant that this realignment to avoid mature vegetation is appropriate and can be constructed by the applicant. 1041.rmng.m.change y,._....,. Y' .yay _ " .. a~~s~,3J auc~~-ate AGENDA ITEM. SUMMARY _ TO: Board of County Commissioners Regular Meeting - July 9, 1991 THRU: Reid Haughey, County Manager j~~~~ Amy Margerum, Planning Director~~'" 999111 RE: Rocky Mountain Natural Gas 1041 Hazard Review FROM: Mary Lackner, Planner _________ _____ ---- ---- REQIIEST: The applicant is requesting 1041 Hazard Review approval for Wildlife and Floodplain hazards and General Submission approval pursuant to Section 5-400, and 6-3 of the Land Use Code. The applicant proposes to install a new natural gas pipeline from the Eagle/Pitkin County line to Wingo Junction, a distance of approximately 3 miles. SUMMARY: The Planning and Zoning Commission and Planning Office recommend approval of the applicant's request. The proposed pipeline crosses under the Roarnq Fork River .just north of the railroad trestle at Wingo Junction. The pipeline crosses riparian vegetation and the floodplain in this area. The remainder of the pipeline crosses flat terrain and disturbed. vegetation, such as hay fields and pasture lands. APPLICANT: Rocky Mountain Natural Gas. APPLICANT'S REPRESENTATIVE: James Krohe, Right-of-Way Agent. LOCATION: In the vicinity of the Old Emma Store to Wingo Junction, located in Township 8 South, Section 17, 18, and 20 Range 86 West. ISSUES: 1. An excavation permit will be required to place the pipe under the. Roaring Fork River a 2. Disturbance of riparian habitat is required in the vicinity of the river crossing. 3. The applicant has been working closely with Tom Newland and the Planning Office to insure that proposed work will be consistent with the County's regulations. ALTERNATIVES: The Board of County Commissioner's may: 1. Approve the applicant's request. 2. Deny the applicant's request. RECOMMENDATION: The Planning and Zoning Commission and Planning Office recommend alternative 1. TO: Board of County Commissioners Regular Meeting - July 9, 1991 THRU: Reid Haughey, County Manager Amy Margerum, Planning Director RE: Rocky Mountain Natural Gas 1041 Hazard Review FROM: Mary Lackner, Planner ---------------------------- REQUEST: The applicant is requesting 1041 Hazard Review approval for Wildlife and Floodplain hazards and.General Submission approval pursuant to Section 5-400, and 6-3 of the .Land Use Code. The applicant proposes to install a new natural. gas pipeline from the Eagle/Pitkin County line to Wingo Junction, a distance of approximately 3 miles.. APPLICANT: Rocky Mountain Natural Gas. APPLICANT'S REPRESENTATIVE: James Krohe. DESCRIPTION OF T8E PROPOSAL: The application is included_in the,., memorandum packet. LOCATION: In the vicinity of the Old Emma Store to Wingo Junction, located in Township 8 South, Section 17, 18, and 20 Range 86 West. REFERRAL AGENCY COMMENTS: 1. Assistant to the County Manager- Tom Newland submitted the following comments in a memo dated. April 4, 1991: "Geologic: Dr. Lampiris' report finds no significant geologic concerns with the proposed project. Floodplain: The river crossing has been placed in a portion of the stream where minimal disturbance will result. The applicant has thoroughly studied the river crossing and it's engineer feels that no significant impact to the floodplain will result assuming that "original ground contours will be restored, the site will be revegetated and there will be no new structures placed within the floodplain area." Applicable county regulations regarding the crossing of rivers, creeks and ditches are Sections 5.02.03(c) and 5.02.12 of the 1990 Pitkin County Road Standards and Specifications. Section 5.02.03(c) concerns utilities within major floodways and states: "All utilities within or adjacent to major floodways ~? must be located and installed inwa manner that will ~. ..w , prevent objectionable damage such as land erosion, water pollution, or flood diversions. To insure that this type of damage is prevented, the applicant must further apply for and receive a Floodplain Development Permit for work within the floodway (see section 4.03)." Through the Development Within a Floodplain Permit process, it is recommended that a detailed reclamation/revegetation plan for the river crossing be developed and submitted. Said plan should adequately describe the existing topography to be reclaimed, the ground cover and planting proposed, ahd present hard costs for the total restoration work. The applicant will be requested to provide financial assurance that,the,work will be completed according to this plan. Section 5.02.12 concerns__utility bridge, ditch or culvert crossings and reads: "In general, utilities are not permitted to be attached to bridges but must be placed at least 4- feet below the ditch (roadside or irrigation) or creek flow line. as close to the. right-of-way line as conditions permit. The utility must be at least 4-feet below the .flow line elevation for a minimum distance of at least 10-feet on either of the ditch bank or at least 20-feet beyond the 100-year floodway section as determined by the County. This would generally permit future bridge and channel improvements without the necessity of relocating utilities. Where utilities are allowed to be attached to bridges due to overriding conditions encountered in the field as judged by the County, such utilities shall be placed so as to not obstruct the waterway of the bridge." The Wingo railroad bridge is located adjacent to the proposed river crossing and could be used for utility placement if determined allowable. by the County. I have reviewed the site in the field and recommend that a bridge crossing not be conducted in this. case. This is due to two factors: - no "overriding factors" exist that would .necessitate a bridge crossing. The floodplain is well-restricted in this area and man-made features .(bridge abutments, irrigation out-takes) have already disturbed the riparian area and altered the natural river banks. The geologist's report indicates that the soils are relatively stable in this area and will not be impacted by such work; ,. The Denver & Rio Grande tracks crossing at the Wingo Bridge may someday be used for acEive mass transit. Because of this, the County would prefer that the Wingo Bridge remain unused for utility crossings.. If and when the bridge requires .upgrading, attached utility improvements almost always present significant re- construction problems. It is recommended that the applicant comply with the above stated excavation requirements. Engineered plans that depict compliance with the standards can be submitted asta part of the Development Within a Floodplain Permit application. Impacts on Road System: No significant impact to the local road system is anticipated by this work. The Highway Department will issue permits for work within their right- of-way and the applicant will need to obtain a Road Cut permit for the work proposed within the Emma Road right-of-way. Transportation: The applicant-has obtained. permission from the Denver & Rio Grande Western Railroad. to cross the right- of-way in 2 places. The crossings conform to D&RGW standards for utility crossings. The utility does not encroach into the right-of-way with the exception of .these two crossings, but rather follows laterally along the right-of-way on private lands. Revegetation: Other than the river crossing, the alignment of the new pipeline crosses relatively flat hay fields and-- pasture lands which are not significantly noticeable from the Highway 82 corridor. For this reason I do not have a problem with allowing the individual landowner it's, choice of either having RMNG reseed or reseeding -the scare personally. RMNG should, however, be responsible for preparing the scar for reseeding, including adequate compaction, leveling of the ground, and placement of at least 4-inches of topsoil. The planning office may wish to require the applicant to receive an Earthmoving Permit from. the .Building Department for the work not related to the river ,crossing." Tom Newland also submitted the following comments in a letter .dated June 27, 1991 as a follow up after a site 'inspection: "I inspected the site with Gary Sanchez of RMNG last week and came to the following conclusions regarding the work: 1. RMNG shall apply for and receive a Work Within the Floodplain Permit for the river crossing prior to initiation of the work; 2. RMNG shall additionally apply for and receive and Earthmoving Permit for the entire project prior to (.°' initiation of the. work; 3. It appears that RMNG can place the line_so that no large trees will be removed. Some shrubs will have to be removed from the south side of the river, but they have agreed to scoop them out with a backhoe and replace them as part of the revegetation plan. The north side. of the river has little. or no existing vegetation. The following seed mixes are recommended for the revegetation work: North .Side of River: Standard Highway 82 corridor seed mix as per Road Standards and Specifications. South Side of River: Jim Duke recommends a 50/50 mix of Reed Canary Grass and Timothy Grass. The Canary Grass can be purchased Arkansas Valley Seed Co. in Denver.. Remainder of Project: Field grasses as required by landowners." 2. Division of Wildlife- The Division of Wildlife, was referred the application and the Planning Office received verbal comriients' from Kevin Wright. Mr. Wright's only concerns was that immediate revegetation of the disturbed riparian habitat is of critical.,., importance to wildlife habitat. Revegetation shall take place with like species and similar maturity level to what is removed. STAFF COMMENTS.:. The applicant is requesting 1041 Environmental Hazard review approval for the construction of a new natural gas pipeline which crosses wildlife and floodplain hazard areas. The General Submission criteria of the Land Use Code are ,also reviewed in conjunction with the 1041 request. Section 5-402 Floodplain Hazard. Area.. The proposed pipeline will cross under the Roaring Fork River and will result in disturbance of land within the 100 year floodplain of the River. Section 5-402.3 of the Land Use Code requires a floodplain analysis for any work done within a floodplain hazard area. The requirements for this study assume there will be an impact of the floodplain and require an analysis of that impact. It is the opinion of consulting engineer Dean Gordon that there will be no impact to the floodplain of any kind.. The applicant has discussed reclamation and revegetation of the river crossing with Planning staff and Tom Newland. It is_the opinion of the Planning Office, P&Z and Tom Newlahd that the required "Development Within a Floodplain Permit" process will addresses these issues adequately. This permit will ensure that once the ,pipeline is installed, original contours will be restored, the site will be revegetated and there will be no structures' located within the 4 ~, ~ floodplain area. Therefore, the floodplain itself would. not be affected once the site conditions are restored after construction. ,.~ _ , ~.AU.. The applicant has received a 404 permit~'issued by'~Yie Army Corps" of Engineers. Section 5-404 Wildlife HazarB Area The proposed river crossing of the pipeline will result in disturbance of riparian vegetation. Tom Newland has,. indicated in his comments that the man-made features. (bridge abutments, irrigation out-takes) have already disturbed the riparian area and altered the natural river banks. Land Use Code requirements do .not suggest prohibition of development which disturbs. riparian vegetation for a limited time, but does require that revegetation take place` as quickly as possible. .The Division of ..Wildlife is concerned that immediate revegetation of disturbed areas takes place, thereby to minimize potential impacts to wildlife habitat. The applicant has agreed to replant shrubs which are removed for the. placement of the pipeline in the disturbed areas, which should result 'in a positive regrowth of the. area. The Planning Office, P&Z and .the County Engineer recommend financial assurance. from the.. applicant to ensure that. proper mitigation during construction, and revegetation after project completion, are adhered to by the applicant. Section 6-3 General Submission The following General Regulations (Article 5) and Policies (Article 2) of the Land Use Code are applicable to the applicant's proposal. Section 2-3 Natural and Man-Made Hazard and Resource Areas- .... , . _ :.. w ~.,_ .. The applicant is proposing to build within wildlife habitaE and floodplain areas. Nicholas Lampiris addressed. potential geologic concerns along the length of the new pipeline and concludes his report by recommending that standard engineering practices be incorporated into the project. Sections 2-10 and 5-203 Logical Extension of IItilities- Rocky Mountain Natural Gas has indicated in their application that this project is part of a continuing upgrade to the pipeline system. The current pipeline was installed in the early 1960's and is no longer adequate for current or future needs. This new pipeline will not only improve capacities, but will bring the Basalt .Town system up to current standards. The old pipeline currently runs into Basalt by the 7-11 store. It then proceeds through the school yard to Holland Hills. By installing the new pipeline, the old line can be converted into a distribution line, thus lowering the pressure of the 5 ` ~. line. Sections 2-li and 5-102 Erosion- The applicant is required to comply with the Army Corps of Engineers 404 permit, which has been granted to the.applicant. Immediate reyegetation of the disturbed riparian area will minimize erosion impacts. SUMMARY: The applicant's proposal appears to be consistent with the Policies and General Regulation sections. of the Land Use Code.... The Division of Wildlife and Assistant to the County Manager's „ ,,. recommendations appear to be consistent with the Land Use, Code, for development within hazard .areas. At their June 4th meeting the Planning and Zoning Commission recommended approval of the applicants request by a vote of 6-1; Ayers, Ball, Guthrie, Kaufman, Lankering and Reser voting in favor and Whipple opposed. RECOMMENDATIONS: The Planning Office and the Planning and Zoning Commission recommend 1041 Hazard Review and General Submission approvals to the Board of .County Commissioners subject to the following conditions: 1. The applicant shall file a 1041 Hazard Review Map for the Board of County Commissioner's signature, prior to commencement of construction through the floodplain area. 2. The applicant shall .apply for and receive a Floodplain Development Permit from the County Engineer, prior to issuance of an excavation permit. 3. The applicant shall restrict the disturbed area_ within riparian vegetation to no more than 25 feet,.. 4. All material representations made.by the applicant in the application and public meeting shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 1041.bocc.rmng 6 ,. ~ ~, MESSAGE DISPLAY c~-~-E~5~~3/ `~U'~-~ TO mary lackner From: Tom Newland Postmark: Jul 09,91 2:58 PM Status: Previously read Subject: rmnq 1041 hazard review... Message: can't make it tonite - my wife has a translator meeting. anyway, I got two things for you: 1) floodplain permit has been submitted and hazs been approved - hasn't been returned to applicant as yet. 2) I've respnded to .applicant's revegetation plan in a letter. basically, I like it and it will work. we can bond them if you like, but this will add costs to the. projects which will increase rates to customer. as rmng if they bond contractors - if so i say blow off the bond. ----------=====X=====___------- ~E ~~ ~~~ ~~_~~ ~ ~~~ { L a i~ w t 1 .MEMORANDUM !~ ~ ~ 7 ~~~~~ ~'' , ~ ~E TO: Mary Lackner, Planning Office `~~ FROM: Tom Newland +~ RE: RMNG Line - Wingo Crossing i DATE: June 27, 1991 I inspected the site with Gary Sanchez of RMNG last week and came. to the following conclusions regarding the work: 1) RMNG shall apply for and receive a Work Within the Floodplain Permit for the river crossing prior to initiation of tki"e` work; 2) RMNG shall additionally apply for and receive an Earthmoving Permit for the entire project prior to`initiation of the work; 3) It appears that RMNG can place the line so that no large tress will be removed. Some shrubs will have to be removed from the south side of the river, but they have agreed to s`coo`p them" out with a backhoe and replace them as a_ part of the revegetation plan. The north side of the river has little or no existing vegetation. The following seed mixes are recommended for the revegetation work: North Side of River: .Standard Highway 82 corridor seed mix as per Road Standards and Specifications. A description of this mix is attached... South Side of River: Jim Duke recommends a 50/50 mix of Reed Canary Grass and Timothy Grass. "The canary grass 'can be purchased through Arkansas Valley Seed Co. in Denver. Remainder of Project: Field grasses as required by landowners. I hope this information is fulfills your request. Please contact me if you have any questions. ~ .~ ~ ~,,~. -~ Y '~ Trees (contl Narrowleaf Cottonwood Rocky Mountain Maple Aspen'.. Safe Flats Scrub Oak .Western Juniper Irrigation Ditches Narrowleaf Cottonwood Aspen Douglas Fir .North Slope South Slope Douglas Fir Western Juniper Ponderosa Pine. Pinyon Pine Lodgepole Pine Scrub Oak Aspen Shrubs Amelanchier alnifolia - Serviceberry Artemesia frigida -Fringed Sage Artemesia trdentata 'Vaseyana' -Mountain Sage Cercocarpus mountanus -Mountain Mahogany Purshia tridentata - Antelope bitterbrush Seeding Seed Variety % by Weight Western Wheatgrass 25% Slender Wheatgrass 25% Green Needlegrass 6-1/4% Upland Bluegrass 3-1/8% Hard Fescue. 9-3/8% Creeping Red Fescue 9-3/8% Troy & Bluegrass 3-1/8% Mountain Sage 6-1/4% Antelope Bitterbrush 6-1/4$ Wildflowers 6-1/4% 122 ~ _ Q... MEMORANDUM TO: Tim Whitsitt, County Attorney FROM: Mary Lackner, Planning Office RE: Rocky Mountain Natural Gas Company 1041 Site Plan DATE: July 18, 1991 , a~t~5- i3 ~2ua7 ~ ----------------------------------------------------------------- ----------------------------------------------------------------- Please review and initial this site. plan by July 25, 1991. The 1041 Hazard Review .was .approved by the BOCC on July 8, 1991. Thanks. _~. J ZffiSORANDUM TO: Pitkin County Planning and Zoning Commission FROM: Mary Lackner, Planner RE: Rocky Mountain Natural Gas. .1041"Hazard Review, DATE: June 4 , 1991 REQUEST: The applicant is requesting 1041 Hazard Review, approval for Wildlife and Floodplain hazards and General Submission approval pursuant to Section 5-400, and 6-3 of the Land Use Code. The applicant proposes to install a new natural gas pipeline from the Eagle/Pitkin County line to Wingo Junction, a distance of approximately 3 miles. APPLICANT: Rocky Mountain Natural_Gas. APPLICANT'S REPRESENTATIVE: James Krohe. DESCRIPTION OF THE PROPOSAL: The_,application is included in .the memorandum packet. LOCATION: In the vicinity of the Old Emma Store to Wingo Junction, located in Township 8 South, Section 17, 18, and 20 Range 86 West. REFERRAL AGENCY COMI+ILNTS: 1. County Land Use Engineer- Tom Newland. .submitted. the following comments in a memo dated April 4, 1991: Geologic: Dr. Lampris' report finds no significant geologic concerns with the proposed project. Floodplain: The river crossing has been placed in a portion of the stream where minimal disturbance will result. The ...applicant has thoroughly studied the river crossing and it's engineer feels that. no significant impact to the floodplain will result assuming that "original ground contours will. be restored, the site will be revegetated and there will be no new structures placed within the floodplain area." Applicable county regulations regarding the crossing of rivers, creeks and. ditches are Sections 5.02.03 (c) and 5.02.12 of the. 1990 Pitkin County Rbad Standards and Specifications. Section 5.02.03(c) concerns utilities within major floodways and states: "All utilities within or adjacent to major floodways must be located and installed in a i ` , manner that will. prevent objectionable damage such as land erosion, water pollution, or flood diversions. To `insure that this type of damage is prevented, the applicant must further "apply for and receive a Floodplain Development Permit .for work within the floodway (see section 4.03)." Through the Development Within a Floodplain Permit process, it is recommended that a detailed reclamation/revegetation plan for the river.. crossing be developed and submitted. Said plan should adequately describe the .existing topography to be reclaimed, the ground cover and planting proposed, and present hard costs for the total restoration work. The applicant will be requested to provide financial assurance that the work will be completed according to this plan. Section 5.02.12 concerns utility bridge, ditch or .,culvert crossings and reads; "In general, utilities are not permitted to be attached to bridges but must be placed at least 4- feet below the ditch (roadside or irrigation) or creek flow line as close to the right-of-way line as conditions permit. The utility must be at least 4-feet below the flow line elevation for a minimum distance of at least l0-feet on either of the ditch bank or at least 20-feet beyond the 100- year floodway section as determined by the County. This would generally permit future bridge and channel improvements without the necessity of relocating utilities. Where utilities are allowed to be attached. tq bridges due to overriding conditions encountered in the field as, judged by the County, such utilities shall be placed so as to not obstruct the Waterway of the bridge." The Wingo railroad bridge is located adjacent to the proposed river crossing and could be used for utility placement if .determined allowable,by the County. I have reviewed the site in .the field and recommend that a bridge crossing not be conducted_in this case. This is due to two factors: - no "overriding factors" exist that would necessitate a bridge crossing. The floodplain is well-restricted in this area and man-made features ..(bridge abutments, irrigation out-takes) have already disturbed the. riparian area and altered the natural river banks. The geologist's report indicates that the soils are relatively stable in this area and will not be impacted by such work; .-__.., ~, r - The Denver & Rio Grande tracks crossing at the Wingo Bridge may someday be used for active mass transit. Because of this, the County would prefer that the Wingo Bridge remain unused for. .,utility crossings. If and when the bridge requires upgrading, attaohed utility improvements almost ..always present significant re- construction problems. It is recommended that. the applicant comply with the above stated excavation. requirements.. Engineered plans .that. depict compliance with the standards can be submitted as a part of the Development Within a Floodplain Permit application. Impacts on Road road system is Department will of-way and the permit for the ~ way. System: No significant .impact to the local anticipated by this work. The Highway issue permits forlwork within their right- applicant will need to obtan_a .Road Cut cork proposed within .the Emma Road right-of- Transportation: The applicant has obtained ,permission from the Denver & Rio Grande Western Railroad to cross the right- of-way in 2 places. The crossings conform "to D&RGW` standards for utility crossings. The utility does not encroach into the right-of-way with the exception of these two crossings, but rather follows laterally along the right- of-way on private lands.. Revegetation: Other than, the river crossing, the alignment of the new pipeline crosses relatively flat hay fields and pasture lands which are_not significantly noticeable from the Highway 82 corridor. For this reason _I do not have a problem with allowing the individual. landowner it!s choice of either having RMNG reseed or .reseeding the scare personally. RMNG should, however, be responsible for preparing the scar for reseeding, including adequate compaction, leveling of the ground, and placement of at least 4-inches of topsoil. The planning office may wish to require the applicant to receive an Earthmovng Permit from the Building Department for the work not related to the river crossing. 2. Division of ,Wildlife- Comments from the Division of Wildlife „_ ,.~.., u . w_ regarding riparian habitat will be presented at the mee`£ng. STAFF COMMENTS: ,The .applicant is requesting 1041 Environmental Hazard review approval for the construction of a new natural gas pipeline which crosses wildlife and floodplain hazard areas. The General Submission criteria of the Land Use Code are also reviewed in conjunction with the. 1041 request. i Section 5-402 Floodplain Hazard Area The proposed pipeline will cross under the Roaring Fork River and will result in disturbance of land within the l00 year floodplain of the River. Section 5-402.3~~of ~~he ~and~USe Code requires a floodplain analysis for any`work done within a floodplain hazard area. The requirements for this study assume there will be an impact of the floodplain and require an analysis of that impact. It is the opinion of consulting engineer Dean Gordon that there will be no impact to the floodplain of any kind. Tom Newland, County Engineer requests additional .information detailing reclamation and_revegetation for the. proposed river crossing as art of the Develo ment Within a Flo. Assumin this' lan ade uatel address'odplain Permit" process. • g p q y ing the concerns df the County, no negative impact to the floodplain would result. The concerns relative to the project, once the pipeline is installed. is that original contours will be restored, the site will _be revegetated and there will be no structures located within the floodplain area. Therefore, the floodplain itself'wbuld not`be affected once the site conditions are restored after construction. The applicant. has received a`404 permit ssued`by the Army Corps of-.Engineers. Section 5-404 Wildlife Hazard Area The proposed. river crossing of the pipeline will result in disturbance of riparian vegetation.. Tom Newland has indicated in his comments that the man-made features (bridge abutments, irrigation out-takes) have already disturbed the riparian area. and altered the natural river banks. Land Use Code requirements do not ..suggest prohibitation of development which disturbs riparian vegetation for a limited time, but does require that_revegetation take place as quickly as possible. The Planning Office and the County Engineer recommend financial assurance from the applicant to see that proper mitigation during construction and. revegetation after project completion can be adhered to. The Planning Office further recommends that. the applicant follow the recommendations of_the Division of Wildlife, if approved. Section 6-3 General Submission The following General Regulations (Article 5) and Policies (Article 2) of the Land Use Code pare applicable to the applicant's proposal.. t Section 2-3 Natural and Man-Made Hazard and Resource Areas- 4 ~~, _ a-~-~~s-~3; a~~~~ ~~ ~.~ PIIBLIC NOTICE RE: ROCKY MODNTAIN NATQRAL GAS COMPANY 1041 47A 7ARt] REVIEW .__. -, .., ,, .. _,-.. ..ax ..,... ~_~. ww.*.".xnrlx.~~ hva»..,v:m~ nwex.kav ~.c.: s.. .. w:;. r...: ... NOTICE IS NERF.BY GIVEN that a public meeting will be held on Tuesday, July 9," 1991 beginning at 5:30 ~m'before the .,Board of " County Commissioners,, District Courtroom, 506 East~Main Street, Aspen to consider an _applicaton submitted by Rocky Mountain Natural Gas Company requesting 1041 Hazard,Review"approval for construction of a new, 3"mile long pipeline from the 'Eagle/Pitkin County line to Wingo Junction,. Sections 17, 18'and 20 of Township 8 South, Range 86 West. For further information, contact the Aspen/Pitkin Planning Office,"130 South Galena St_._, Aspen, CO (303) 920-5090. Jwayne F.thridi~e Chairman Board of Y(:o"tiinty Commissioners _ ,, ,. a~.A ._ ~...~ ~ ~ .~". ;U ...., ,,~ .. " ,. ., Published in The Aspen Times on ,June 6, 1991. Pitkin County Purchase Order No, 3 ~ ~ PIIBLIC NOTICE. RE: ROCKY MODNTAIN NATQRAL GAS COMPANY",.1041 HAZARD REVIEW. NOTICE IS IB;+REBY GIVEN that a public meeting will be held on .Tuesday, July 9 , 1991 beginning at 5 c 3'0 "~n" before the Board of County Commissioners, District Courtroom, 506 East~Main_Street, Aspen to consider an .application submitted by Rocky Mountain Natural Gas Company requesting 1041 Hazard Review., approval for construction of a new, 3 mile long pipeline from the Eagle/Pitkin .County line to Wingo Junction,. Sections 17, 18 and 20 of Township 8 South, Range 86 West. For further information, contact the Aspen/Pitkin Planning Office, 130 South Galena St., Aspen, CO (303) 920-5090. JWavne'EthridQe Chairman Board of .County Commissioners _°__ Published in The Aspen`Times on June 6, 1991. Pitkin County Purchase Order No. ,,, ,,: ~ CERTIFICATE OF MAILING RE: Rocky Mountain. Natural Gas_ , ~~;~~=3~ I hereby certify that on this 3rd day of July, 1991, a true and correct copy of the attached Notice of .Public Hearing was deposited in the United States,mal,, first-class postage prepaid, to the adjacent property owners as indicated on the attached list of adjacent property owners which was supplied to the Aspen/Pitkin Planning Office by the applicant in regard to the case named on the Public Notice. By: Debbie §kehan` Office Manager frm.maiing ' ~ ~~:~ ~.. ~ . ,. ~- au~s-c3~ au~~-ao ' PIIBLIC NOTICE RE: ROCKY MODNTAIN NATQRAL GAS COMPANY. 1041 HAZARD REVIEW,,,Y NOTICE IS HEREBY GIVEN that a public meeting will be held on Tuesday, July 9, 1991 beginning at 5b30 ~m before the Board of ' County Commissioners, District 'Courtroom, 506 East~Main Street, Aspen to consider an application submitted by Rocky Mountain Natural Gas Company requesting 1041 Hazard.Review.,approval for construction of a new, 3°mile long pipeline from the Eagle/Pitkin County line to Wingo Junction,. Sections 17, 18 and 20 of Township. 8 South, Range 86 West. For further information, contact the Aspen/Pitkin Planning Office, 130 South Galena St., Aspen, CO (303) 920-5090. ,_. _ ._._ ,-.~WaVne Ethri34e, Chairman .Board of County Commissioners Published in The Aspen Times on June 6, 1991. Pitkin County Purchase Order No. PIIBLIC NOTICE RE. ROCRY MODN'PAIN NATORAL GAS COMPANY 1041 un7AUn REVIEW NOTICE IS HEREBY GIVEN that a public meeting will be held on Tuesday, July 9, 1991 beginning at 5330 ~m"before the Board of ' County Commissioners, District Courtroom, 506 East~Main Street, Aspen to consider an application submitted by Rocky Mountain Natural Gas Company requesting 1041 Hazard Review approval for construction of a new, 3`mile long pipeline from the Eagle/Pitkin County line to Wingo Junction,. Sections 17, 18 and 20 'of Township 8 South, Range 86 West: .For further information, contact the Aspen/Pitkin Planning Office, 130 South Galena St., Aspen, C0 (303) 920-5090. JWayne Ethridge Chairman Board of County Commissioners .~. , , _ Published in The Aspen Times on June 6, 1991. Pitkin County Purchase Order No. ~PITKIN PLANNING OF'hE 130 S. GALEh'~. ASPEhI, CO Ri&',' O 81601 Robert T, Morrow Box 5180 Aspen, CO 81612 ,,f~, ~~ ', +"* -~ '{ ~ ~ JU~ ~ ~ ~, '.1a t#c.-;.t,1p.~1 31ia~,..1~'3t~ T.3~1 G +5:~°3~ ', ~ '~ . y~4,43~fi~l ~r;~,~:r~ rn sir--~~ 'EN/PB7!(1N PLANNING OFFICE 130 S. GALENA ~~~ ;tea ~ j . ASPEN,C081811 31601 ~0 ~ su ~ I °` ~ s~A;n~ t `4 ~~,~k3uc3~~, ~ \~t ~,,; ___ Viviane mhomas Trimble ~~ a £i~Y~n~~~oad-~,,.~~ Princeton, NJ 08540 ~ ~~ ~' , ... 1F I/PITKIN PLANN{NG OFFICE 130 S GALENA ASPEN, CO 81611 ,,~; 5 ~~" i __-'~. / ),`81601. i ~`~~..~_ /~ r ~',~Sx ~ l _~ William David & Ma~~,YElaine McB oom Box 76 ~ ~ Peace Pipe Bend c's ` ' ~, ;~ Crossville, TN 38557 j; ,. e. ' r of ~~~ ~~ 3: i ~: -~ aP:' ~ Aspen/Pi 130, (303) August 21, 1991 Eagle County Community Development Department 500 Broadway P.O. Box 179 Eagle, CO 81631 2~~o5-t~~~ ~~~~-a°" ~~ 1 "., W 4 ins Office 920-5197 Re: Rocky Mountain Natural Gas Company Dear Mr, Allender, I reviewed the referral you sent Pitkin County Por the above mentioned application. The Pitkin County Board of County "Commissioner's' approved the southern portion of the natural gas line installation as depicted in this project and located within Pitkin County. A copy°of the Commissioner's approval is attached. This is not the recorded copy as that has not been completed. We see. no objections to the proposed work, however you might-be interested in the conditions of approval we placed on the applicant. If you have any `further questions"regarding this application, please feel free to contac£ me at 920=090. Sincerely, Mary Lackner Planner recycled paper ~. ~~ RESOLIITION OF T$E PITRIN COIINTY BOARD OF COIINTY COMMI83IONERS GRANTING 1041 HAZARD REVIEW APPROVAL FOR,., ROCRY MOIINTAIN NATIIRAL GAS TO CONSTRIICT A NATIIRAL GAS PIPELINE FROM T$E OLD EMMA_ STORE. TO NINGO JUHCTION_ Resolution No. 91- W$EREAS, Rocky Mountain Natural Gas (hereinafter "Applicant") has applied to Pitkin County to construct a natural 'gas pipeline pursuant to Section 5-400 and .Articles 2_and 5_of the. Land Use Code across property which is shown on the 1041 Hazard Review__map recorded at Book Page in the office of the Clerk and Recorder; and _W$EREAS, the proposed 3.5 mile natural gas pipeline alignment will cross mapped Floodplain and Wildlife "1041" Hazard areas; and W$EREAS, the proposed pipeline crosses mostly hay fields, but crosses under the river bed. of the Roaring Fork River and through riparian habitat just west of the railroad trestle at Wingo Junction; and W$EREAS, the Pitkin County Planning and Zoning Commission considered the request at a duly noticed public meeting on June 4, 1991 and recommend approval 'to the Board. of County Commissioner's; and AHEREAS, the Board of County Commissioners (hereinafter "Board") considered .the .applicant's request at a duly noticed public. hearing on July 9, 1991 at which time evidence and testimony was heard regarding the applicant's request; and. ^. _. '~ Resolution No. 91-_ Page 2 WHEREAS, the Board found that the: Applicant's request met the requirements of the Land Use Code and that the.. proposal will, have, _ a minimal impact on the surrounding environment. NOW, THEREFORE BE IT RESOLVED by the Board o£ County Commissioners that it hereby grants 1041 Hazard Review approval to Rocky Mountain Natural Gas for the construction of a new gas line as shown on the .1041 Hazard Review. map recorded at Boak.~_'Page in the office of, the Clerk and Recorder and subject to the following conditions: 1. The applicant shall file a 1041_Hazard Review Map for Planning and Zoning Commission's chairman's signature, prior`to issuance of a building permit. 2. The applicant shall apply for and receive a Floodplain Development Permit from he County Engineer and Planning Office, prior to issuance of an excavation permit. 3. The applicant shall restrict. the disturbed area within riparian vegetation to no more than 25 feet. 4. The applicant will coordinate with the irrigators of the various ditches, prior to disruption of water service in the ditch. 5. The applicant shall initially try to bore under Highway 82, private driveways and irrigation ditches, fo lay the pipeline, prior to surface disturbance of'these areas. ` The applicant is to assume all costs associated with repaving if the surfaces of these areas are disturbed. 6. The applicant shall begin revegetation of the disturbed riparian .vegetation immediately after the installation of the pipeline. Revegetation methods `are more specifically detailed in the .Floodplain Development Permit. 7. All material representations made by the applicant in the application and public meeting shall be adhered to and considered conditions of approval, unless 'otherwise amended. by other conditions. r _. ~ ,. ., Resolution No. 91- Page 3 .APPROVED by the Board at its regular meeting on July 9, 1991. BOARD OF COIINTY COMMISSIONERS. OF PITRIN COIINTY~ COLORADO By Aayne.Ethridge, Chairman Date APPROVED AS TO FORM: APPROVED AS TO CONTENT: Timothy Whitsitt Amy Margerum County Attorney" Planning Director reso.bocc.1041.rmng ~--, ~- ., ~ ~ ~ D ~ () m -i m ;E o ;U N ~ il O D uy uy m D o 0 ~' I I --- ~ ~ \ ~ - ,-----r-- -= --- i-----;=-- ~ I ~ I ~ :~\ I \ I i ~~ ~ I ;. i +. ;. _____'_____L_________ I -I-- I ~ ~ -__ I I I ~ - I ~ /: ELEVATION rn ~rn Irn ~. O ~~ I~ IJ IN r O ?p ~ O IO ----------I ----1----?-----~ ~ 1 ~~ ~ ~ 1 ,.. I 1 .: ~ I . I 1 ~ ': I j i I ~ ~ ~ I I I 1 i ~. 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NP.vJ Ic2 ~v~ ~ft~~ ~P~.~~~ ~ _ o `QMJu"Cs bo..~ ev e~ q~~ct~-c~~. ~ 1a ~ ~, !'~a~ io ~, ~ ~ GQ-e~~-n~Q-e~ _ ..../ e C l_ ~ CoJn'f'vG-P~-®' S , - cc.~ p ~~.~ ~ f ~~ ~ re-e. ~ -~ ,~~ v cc ~-- .. _ ... ec_ l c~c v~ _ u~-vL ~F ~ ~D ~` y ~, ~-~Lc_ v c p a ~ ~ c,~ - ~~ l hs ~ r-e- ~ i~ ~...: ~9 ~t a -1 z ~ b « ~-e ~--~ ~(, ~ ;. e~~-~^ __~ , '- ~ r Q~~~ t ~ ~~ o ~5~ ~ ~ -~ Y ~ ~ ~ ~ r c.~ ~.1 e~ Q 'Fa'-k-o ~f! (s Fv r ~~1 CQ ree~ ..~ / L ~ _ a S r ~ ~ ~ p ~::o_ n 1. C:~ U ~'vv ~ ? el '~ (_na.an.-~ ~ c~lu L' ih _ P^2L' ~ ~~'O-' .~OVJ Wn CP~f v'~~ Sd M - ~ ~~ Q y rP.O~ ~ hPZ'~ -1'~¢ ~,p ~-e~ r ~'o ~ ,~ -~-P~ l ~ +~- ~ j e P~ w~-P t~-~P "{~ C.~. V`p~ VvC.rzc. ~ . d~ v~ / ----- ~~S-~3', ~}tal-act ' ~`` w ~) i MESSAGE DISPLAY To Ellen Sassano From: John Ely Postmark: Apr 12,91 3:37 PM Subject: Rocky Mt Nat. Gas Pipe Line Message: The only legal issue present is access and easement validity; all of the easements and. the order for possession are sufficient as to the properties they pertain to, but I can't tell if all_of properties that are in the pipe line path are represented by the easements and order that we have; you will have to check the maps to determine that. -------=--=====X=====___------- _ , _ ~ . ~ _. a; __w ~, ~~~ ~ ,~ .. ~ x~~~~:~ ~~ ' .. . `, ~`II/ DEPARTMENT OF THE ARMY 1'I SACRAMENTO DISTRICT CORPS OF EN GIN EERS ~1 ~L S.{3•~~-L171.4"1 `~~ Z1 I !, 650 GA PITOL MALL d" ~F' ~ SACRAMENTO. CA LIFORNIA 95814-4794 ~~ REFLY TO ATTENTION OF December 19, 1990 Regulatory Section (199001351.) Mr.. James L. Krohe Rocky Mountain \atural Gas Compariy ?O1 2ith Street Glencaood S»rings. Colorado 8.1601 Dear ~~1r. Krohe I am respcinding to your letter dated ?~ovember 28. 1990 and attached drawing'. Your correspondence concerns a natural gas pipeline crossing of the R.oarine Fork River in the vicinity of Wineo Junction in Pitlcin Couhtc. Colorado. The U.S. Army, Corps of Engineers has issued. a nationwide ^eneral Hermit authorizing the discharge of dredged material .into "waters of the United States" in association with utility line crossings provided stream bed andJor wetland substrate contours are restored to pre-construction contours.. Based upon our reviec, of the information submitted. we have determined that this crossing' can proceed subject to the terms and condi ions of the nationwide ?eneral permit. Please insure that your contractor(s) com»li.es with the terms and r_onditions of the enclDSed nationwide ,~enera.l »ermit information paper. ..oa *iumber 7 uon01•> ; 1 t„ ,,,. plow r.;c ti., ., ass: _...~~ ., ,, ., your ,,;ect. _ ~e ..•,.e reference this number in any corresnoridence submitted to this office concerning this. pro.iect. This verification c:i11 be valid until the nations:ide seneral permit is modified.. reissued. or revolted. All of the nationwide general »ermi.ts are scheduled t.o be modified. reissued. or revolted prior to January 13. 1.992. It is incumbent upon 5-ou to remain informed of changes to the nationwide general permits. We will issue a public notice announcing the chariges as they' dccur. Furthermore, if cow commence or are under contract to commence this activity before the date. the natignl:ide general permii is modified or revoked, you will have twelve months from the date of the modification or revocation to complete the activity under the preserrCterms and conditions ofthisnationwide geheral permit. ~. ~ y ' 6' ~ We appreciate the opportunitc to revieca this proposal. Should you have. questions, please contact .Gary Davis of this office at telephone 243-1199nn.~~ y;~/ngerely, Grad„k--L ^1c?~'ure ~f, egulatory Unit 4 4CU Roo Avenue. Room 142 Grand J nction, Colorado $1.501-25E3 Enclosure Cony Furnished: Mr. LeRoy t4. Carlson, State Suneraisor; Fish and kildLife Service, 730. Simms Street. Room 292, Golden, Colorado 80401 2. ... ~ Y INFORMATION PAPER •' ~ NATIONWIDE GENERAL PERMIT NUHBER 12 UTILITY LINES, INCLUDING INTAKE AND OUTFACE STRUCTURES A nationwide genezal pezmit 3s a Depaztment of the Army permit that is issued on a nationwide basis for a specific category of activities that are substantially similar and cause r., minimal envizonmental impacts. Nationvi3e`permits aze designed to allow the wozk_to occur with little delay oz papezwozk. An .,,.~ _.,~.n ~~ . individual permit application is not requlYed foz an activity coveted by a nationwide permit. The Corps of Engineers has issued a nationwide pezmit foz the dischazge of matezial for backfill oz bedding for utility lines, including outfall and intake stzuctuzes, pzovided that there is no chance in pzeconstzuction bottom contours (excess material must be iemoved to an uplan`d'disposal azea). A`"utility line" is defined as any pipe or pipeline foz the tzanspoztation of any gaseous, liquid, liquifiable, oz slurry substance, for any purpose, and any cable, line, oz wire foz the transmission foz.. any purpose of electrical energy, telephone and telegraph messages, and radio and television communication. _(The utility line and outfall and intake structures_will require a Section 10 pezmit if they aze in navigable watezs'of the United States.) This'natlonwide general permit satisfies the requirements of Section 404 of the Clean iatez Act. The enclosed special - conditions must be_followed in order for this nationwide permit ,~ ~ ~.._ , to be valid. FOR MORE INFORMATION, WRITE TO THE GRAND JUNCTION REGULATORY , OFFICE, U. S. ARMY, CORPS OF ENGINEERS SACRAMENTO DISTRICT, 400 ROOD AVENUE, ROOM 142, GRAND JUNCTION, COLORADO 81501-2563.OR TELEPHONE (303) 243-1189. 1 Enclosure as stated 1 . d ~"'s INFORMATION PAPER NATIONWIDE GENERAL ''PERMITS MESTERN COLORADO A. SPECIAL CONDITIONS. The following special conditions must be followed in order for the nationwide permits to be valid. Failure to comply with a condition means that the work must be authorized by an individual or regional general permit issued by the District Engineer. 1. That any discharge of dredged or fill material will not. occur in the proximity of a public"water supply intake. 2. That any discharge of dredged or fill material will not occur in areas of concentrated shellfish production unless the discharge is directly related to a shellfish harvesting activity. 3. That the activity will not Jeopardize a threatened or °~endangered species as identified under the Endangered Spe'ctes Act. or destroy or sdversely modify the critical hebt'tet_of such species. 4. That the activity shall not afgntficantly disrupt the,' movement of those species of aquatic life indigenous to the waterbody (unless the primary purpose of the fill is ,to Impound water). 5. That anY discharge of dredged or fill materiel shall consist of suitable material free of toxic pollutants in toxic amounts.. 6. That any structure or fill authorized shall be properly fnatntained. ` 7. That the activity trill not occur 1n a component of the National Nitd and Scenic River System; nor to a river officially designated by Congress as a "study river^ for possible inclusion fn the system. xhfie the river is 1n an official study status. 8. That the activity shall hot cause an unacceptable interference with navigation. 9. That. tf the activity may adversely affect historic properties which the National Park Service has listed on. or determined eligible foriisting~on. the Natlonal~~Regist~er of~ Historic Places. the permittee will notify the district engineer. If the district engineer determines that such historic properties may be adversely affected, he will provide the Advisory Couhcfl on Historic Preservation an opportunity to commeht on the effects on such historic properties or he wi`tl consider modification, suspension, or revocstion in accordance with 33 CFR 325.7. Furthermore. that. 1f the permittee before or during prosecution __ of the work authorized, encounters s historic property that has not been listed on the National Register. but which may be --.--. _ ,, ~ eligible for listing in the National Register. he shall immediately notify the district engineer. !0. That the construction or operation of the actlvity will not impair reserved tribal rights, including, but nOt limited tO, reserved water rights and treaty fishing and hunting rights. li. That the activity will comply with regional conditions. which may have been added by the division engiheer (None have. been added for western Colorado). 12. That the management practices listed below shall be followed to the maximum :extent practicable. 8. MANAGEMENT PRACTICES. In addition to the conditions specified above. the following management practices aha'li be followed. to the maximum extent practicable. in order to minimize the adverse effects of these discharges on the aquatic environment. Failure to comply with these practices may be cause for the district engineer to recommend, or the division engineer ~. -to take. discretionary authority to regulate the activity on an individual or regional basis. _.: _ i. Discharges of dredged or fill material Ynto waters of the United States shall be avoided or minimized through the use of other practicable aiternatlves. 2. Discharges in spawning areas during apawrntng seasons a~~tl be avoided. 3. Olscharges ahail not restrict or impede the movement of aquatic species indigenous to the waters cr the passage of normal or expected high flows or'cause the relocation of the water (unless. the primary purpose of the fill 1a to impound waters.) 4. if the discharge creates en impoundment of water. adverse impacts on the aquatic system caused by the accelerated passage of water and/or the restrlctlon of its Mows shall be minimized.. 5. Discharges in wetlands areas shalt be avoided. 6. Heavy equtpmeht working in wetlands shail_be placed on mats. 7. Discharges into breeding areas for migratory waterfowl shall be avoided. 8. Ail temporary fills shall be removed in their entirety. C. FURTHER INFORMATION. 1. District engineers are authorized to determine if an actlvity complies with the terms and conditions of a nationwide permit unless that decision must be made by the division Z engineer. 2. Nationwide permits do not obviate the need to obtain other Federal, state or local authorizations required by law. 3. Nationwide permits do not grant any property rights or exclusive privileges. 4. Nationwide permits do not authorize any injury to the property or rights of others. _ 5. Nationwide permits do not authorize interference with .any existing or proposed Federal project. FOR MORE INFORMATION ON THE NATIONWIDE GENERAL PERMITS 1N .~ ~. WESTERN COLORADO, WRITE TO THE GRAND JUNCTION.R~G~'Ji~:i4TGRY"~~'~ U. S. ARMY, CORPS OF ENGINEERS, SACRAMENTO DISTRICT, 400 AVENUE, ROOM i42, GRAND JUNCTION, COLORADO .81501-2.56.3, OR TELEPHONE 1303) 243-1199. :_.~.. ROCKY ::. ...- MOUNTAIN - 6 .. ~; , NATURAL ~~.~ 2 GAS COMPANY 401 27TH STREET GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE :303-945-8617 February 25, 1991 Ellen Sassano Aspen/Pitkin Planning Office 130 South Galena Street Aspen, CO 81611 Re: Additional 1041 Review Information OP91:152 Dear Ms. Sassano: Please find attached a copy of the engineering statement that Dean Gordon, P.E. & President of Schmueser Gordon Meyer, Inc., has provided me. Please contact Dean directly at 945-1004 if you have any questions about the statement. I have also attached two additional copies of easements that previous owners granted to us but are located in Pitkin County. I also need the dates for the P&Z and Commissioners meeting as soon as you know them. They will help us to set our project schedules. I will send you the additional fees required as soon as I get the check back from our accounts payable department. Please contact me at the address or phone listed above if you have any questions. 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Ye_a¢8 ~v'~ ~ a$ bea"Q Qe. E $8_2s~~"'4 ...S re_ _-gau a: ~. e ~ V° auw j°@R a R ~ - ~gage~aa~fs` N? F ~:a~ggE~;a;$s Aga ~ =~ =~a 'O ~~E S~ a Y • fl (303) 9 ~~ ~ ~ ) 920-5197 MEL~IORANDUM TO: County Attorney Assistant to the County Manager Environmental Health Department Division of`Wildlife Town of Basalt Planning Office FROM: Mary Lackner, Planning Office. RE: Rocky Mountain Natural. Gas Company Pipeline 1041 Hazard Review DATE: March 8, 1991 Attached for_ your review and comments is an application .from Rocky Mountain Natural Gas Company requesting 1041 Hazard Review approval for a new gas pipeline from Emma to Wingo Junction. Please return your comments to me_no_later than .April 12, 1991. Thank you. recycled paper ~i11~-1~ ~ 2-~~'~~ 141 i~ ASPEN/PITRIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 .March 8, 1991 James L. Krohe Rocky Mountain Natural Gas Company 401 .27th Street Glenwood Springs, CO 81601 Re: 1041 Hazard Review Case # P19-91 Dear Jim, This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. we have scheduled this application for review by the Planning and Zoning Commission on June 4th, 1991 at a meeting to begin at 9:00 am. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. If you have any questions, please call Mary Lackner, the planner assigned to your case. Sincerely, Debbie Skehan, Office Manager `PITRTN'COi7NTY PRE-APPLICATION CONFERENCE SUMMARY DATE • ~ ` ~ ~ ~ ~ PLANNER: %; %^ ._ PROJECT • J/, i i'~ vi ._ '~.-_ . / ..-,__, ; ~ ~-, APPLICANT'S REPRESENTATIVE:. ~' ,yl,,~ ~, ~. REPRESENTATIVE' S PHONE: ~ i ~' ' /~ % ~^ ' I OWNER'S NAME: ~, ~(_ :' .;~,a_ ~! .~ ~ ~! SIIMMARY 1. Type of Application: ) ~ ~-f I ~1~r,-~ . i:~, ~ ~~~ _ ~ - G ~- ~ ~~~_ ---- r. ~-~, 2. Describe action/type of development being,' ~ requested: li,i.-r/ ..~~ ,!mi ~.. ~ rx ~:-~t- r~..~~, i :~; ~ ;_ ~ ~ i ; ev~~,;, ti-l ~.1 .,:~i-«,_ _ ; },_,-~, , .t-~ - ~,i 3.tAreas~ in which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Agent Comments ~`arz? ~~,`,~' - it=i~ ~ i-,,,~ ~, T~s. T/Y 0 ~ ( ~ _. 4. Review is before: (P&Z Only) (BOCC Only) ~(~P&Z & BOCC) ~~'-' 5. Public Hearing:~Yes) (No) At: (P&Z) (BOCCr (BOTH P&Z & BOCC 6. The applicant needs to post a sign each public hearing pursuant to Section 6-3.4 of the Code. YE (NO) 7. Did you ell applicant to submit list of ADJACENT PROPERTY OWNERS? S) (NO) Disclosure. of Owaars © (NO) 8. Number of .copies of the application to be sub~mitte~,d: ~O 9. What fee was applicant requested to submit: ~~ f ~ /o lp . Z?h - L~'~i -~ ~ i ~+~:/~~> 4~ 10. Anticipated date of sub~gi~ssion: _ _ ~ ~ 11. ra,v~ ,~ ~ r Nicholas Lampiris, Ph.D. CONSULTING GEOLOGIST 0793 VALLEY ROAD aLi ~5~~1 ~(~7 ~ ^~g ,.-~ CAR80N DALE, COLORADO 81623 J (303)963-3600 (24 HOURS) 'i Ci :~::+: r._,. ,Vat. Li Y-a ~. I'9 '3 ~: - is .'?.i've riJ rn ~_: :i c7'•,': i~-•t7 r,y g2C1i'CCiC J. n`/.oc~!"a. r~i't:Cn 'i'f.]r p'_lr ~•._,sr-g o't 1-I L. :~,1:i c~ t:.i'1e ro;::rraed gas line r=a:~e:n.•zht, as s?-,o~,•m on the ac!-.cm;.;e.ny:ingrmap, i.n 'the Wingo--Ernma ;e.r-ea, mostly along the uem/er anti Ric C~raniae kester-n r<aia road tra.c4s. This is bJ1 tf~;. F1 {; i'f'? ;3;;t sssal't 7 1/^ m:i.nu'te quad.~an,;l e, Fi than County, rGT: .-as-I. ~t{J west the alignrttent lea`aes F!olland Hi 11 s., r_.~o.=.s=:•s f-iighway £42 .and the Ptdaring F'or4:: 1ti.v=.:.r, and continues along t:.he soLl'tf": Side os 'the tr-ar_4:a .':nr a lit*1= mdr~_• than ~-+. "~ - -. m1_~_, crosses the trac4a i_a the north sip:+.e l+,iler-? ,._ Ci]I-1t ]. I'1rle=., a 7.i.ttle rr,,.-,r-e t!'1an a mile Lrnj:=1 i't tu:~,^.s north to the bypass wherc> i t r:-~m~~,i ns past Emma. T!"?e a].ignmen'L-=_tar•ts in tl-x=_ (luater-n::try acre coll:.!.viun~ in Hn11<:znd H:i17.s, crosses the allu+/ial deposit=, a+ the river; :=nd proc!=eds ~n;.ong the tray-~:a .n similar .coli:u`diu:n to tahcrc '~I-; : aiignner.'t tLr'ns north to 't.h:c! Ic,y--~~ass. Alohc `the w._,Y t!'u:? fringes et~ r.]ne or t•ro debr:i.s ~~a.ns arE cro:aed,. T!-:c final s„=gment once .~g<:vin __ i.n a17.!.(vi.:al. _-bosits of an elder, ,. C, .ghee :i ev~3i u+ _he river-. 'hr•s:= r_:er deposits I~a.:e crude - str,z±t,-.:c=t~_nn ~~-le ::o th:= highendrgv :=ond_.=xeris unda;r...itihi~._h 'th'e sili_, sands; coi.-rbles and boL:).dcrs were d~po<;ited. l"he ,_u~r.er?yi.r.g ba_dror_h: _: most :!.iE;ely !-t]e ;-'er;n::ylvan9.er.--Fer-'rnian a::.ge Maroon Formatio;-I, a hemati.'?:e-c?amented silts.tnnc and -~ nd=atone in this are.=... Therd rtiay b~= M.ancos S!-:aie render the {mast.=r-nmost portion of the alignrr:ent.. I do no{: believe that ~ three foot cut ir.te this t.+rpe or material will cause any type of gc-ologic problem alohg this alig,^,men't in these stable soil. s. There is a.n .~::ception when the alignment trends down or up steeper'banFs where i~r.proper cornpact:ion could cause piping of subsurf.nce !,cater in the trench, In this case, the engiheer should offer j~roper beddi.^.g and compaction guidalinds to preclude any p;~oblems with slope stability at these bnl:: areas on either side of i=he Hoar-ing Fork River.. ~ ~ ?P-:e iv=~r ci~er>.>ing wi.:.a t,~ke the necessa;-•;~ =ivi1 r_ngine~erir,g r^ insure a safe resu'_'t, !~u't roost of ..!'e al:.gnment o-ri.2 r-:=quire oniy routine pr:-:ctices. I do not h~~l.i:>ve ihat the crossing of tha ,=•agc=a c!f tl~e dr~r-is fe.n{s} ;,oil;. ha~re <ar,y negat:iv.e :-onsc-~que:-:cas. It aro;.rld he pr~;dE•nt ':o tv:b::e year ro;_;tinc pr-sca;.rti.ons when crossing the miner drainages associated urith ±'.he. po.~ti.on of the <:;? ignr:er.t along the trac~::~, If there ar-~ ft_ii~thc-r e,;::esstio.^,s p:~~-~:,~ contact me. Sincerely., Nicholas Lampiris Consu:! t i n=::, S::~a dg:i st ~, ~*.,,~ ~b .b'd .1yy~~ , yb r~ ti S , n}„~v; m QO ~ ~ IW LI N3d$I I ~ "' ~W tI ~Oi/1N ~ ~X 4 ~ ~ IW C'I $$YWMON$ I ~. 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( f Ir ~ ~ ' "w ~ .N ~ (I ~_. ~ ~ X i -~~ k J :; a ~ ~f ~ ~ ~ 1 r ~~~ ~~ ~~ ~i f ~ i;~g ,~, .~ a 1' -~ ~ r ~~ ~ ( ~`~~ /. ~f f .., 7~ _ ~ ! ~ /6 Jf /jY 4 ~f \ ` I f o ~ ~ \ ~ J n .- ~ i ~ ~ ~ v ~ ~ _-._ , .. y ~ ~~~~.c ~ ~{~' ;~ ; ~ ~ _II ~ ~, ~~~~ r~P ~ ~`~~ I~~~(1'~~ fin- d ao ~~Jf/~ ~~~,r~ , ,~6-~.. ].. w.o~ ~ ~~(~\1I~~ `~~~\'9.~ ~~~~\~~~\Y \~•\1. ~,,\~. _ 8 ~ ~. ' ' ~ I t. lit l ~~~ vv~ \~~ ~A1 /,/ - La 1 ~ ~ 4f > •. f/ d ~' i ~/ w 1. r f ~ i x i \\ 1` ~~ a~ ' n a ~ n ~ l ~/ 7 I~ wl ~ /'~ '~' _ ~~ ~~ r~ 1 _~ /~~ ~~ J~_k+~--n~=~f ~~. ~~ J~t~~l ~~1 ~~ ~~~~~~~ fl if ~ ~ ~`~~~/. ._-.. DISTRICT COURT, PITKIN COUNTY, COLORADO CASE NO. q' 1C 1. ~C7 ORDER FOR IMMEDIATE POSSESSION ROCKY MOUNTAIN NATURAL GAS COMPANY, a Colorado Corporation, Petitioner, vs. wATERMAN & COMPANY, a Colorado Limited Partnership, and 5T. JL'DE'S COMPANY, a Colorado Partnership, Respondents. This cause having come before the Court on Petitioner's Request for an Order For Immediate .Possession, the parties having stipulated to the. terms hereof as shown below, and the Court being sufficiently advised on the premises: ' IT IS ORDERED that Petitioner may take possession of and use easements on the parcels described on Exhibits A, A-1, and B attached hereto during the pendency and until the final conclusion of these proceedings, all actions and. proceedings against Petitioner on account thereof to be stayed, provided Petitioner first deposits with the Clerk of this Court the funds. Petitioner offered to pay Respondents for the respective easements, to wit: Waterman & Company - $13,500 and St. Jude's Company - $11,280, as deposits pending the compensation to be paid to Respondents when ascertained as" provided by 38-1- 105(6)(a) and 38-5-106, CRS. IT IS FURT?E.~ OP.DERnD that :2espondents may withdraw all (100 percent) of the amounts deposited for their benefit as stated above as partial payment of the total compensation to be paid cn ascertainment as provided in the .aforesaid statutes; and IT IS FURTHER ORDERED that Petitioner shall prior to taking possession of the easements submit Security For Cost Of Restoring Respondents' affected land in the'form attached hereto. a-, _.A+r IT IS FURTHER ORDERED that Respondents shall have to and including March 1, 1991 to submit to Petitioner's attorney any appraisals they obtain pursuant to 38-1-121, CRS. Done in chambers this day of Decembei, 199,4. BX THE COURTc~ :-; Georqe J. P tre Hugh R. Warder Attorne Wate n & Co. Attorney for St. Jude's Co. - ~. . , _; s~ EXHIBIT A Waterman Gas Line Easement An easement across a portion of the SW1/4 od Section 17 and the N1/2 of Section 20, all in Township 8 South, Range 86 West of the 6th P.M., 25 feet right and 25 feet left of the following described centerline. Beginning at a point on the east line of Tract 58 from whence AP6 ofsaid Tract 58 bears N00'18'13"W 20.73 feet; thence 558.16'02"E along a line 25 feet right and parallel to the southerly right-of-way line of the Denver and Rio Grande Western Railroad 2383.12 feet to the beginning of a 1217.32 foot radius curve to the. left, having a central angle of 32'26'55" and a chord of which bears S74.29'29"E 680.23 feet; 'thence along the arc of said curve 689.41 feet; thence N64'29'46"E 62.89' feet to said southerly right-of-way line; thence N64'29'46"E 12.18 feet; thence N00'42'57"W 79.65 feet; thence N47'26'31"E 20.81 feet to the northerly right-of-way line of said Railroad; thence leaving said right-of-way N47'26'31"E 26.95 feet;'thence N37'32'07"E 190.31 feet; thence S87'00'S1"E 51.63 feet to the centerline of the Roaring Fork River from whence said AP6 of Tract 58 bears '" ' N68'29'14"W 3172.94 feet. Containing 3.9 acres, more or less. EXHIBIT A-1 Waterman_Temporary Construction Easement A temporary construction easement in NE1/4 of Section 20, Township 8 South, Range 86 West of the 6th P.M. and being more particularly described as follows: Beginning at a point on the centerline of the Roaring Fork River from whence AP6 of Tract 58 in Township 8 South, Range 86 West of the 6th P.M. bears N68'06'44"W 3189.40 feet; thence N87'00'S1"W 47.41 feet; thence 'S37'32'07"W 180.36' feet to the northerly right-of-way of the .Denver and .Rio Grande Western Railroad; thence N89'17'03"E along said right-of-way 198:52 feet to said centerline of river; thence N16'38'3"5"W 144.11 feet to the beginning. Containing 0.4 acres, more or less. ._, :_,. EXHIBIT B St. Jude's Company Gas Line Easement An easement across a portion of Tract 58, Tract 60, and Tract 63 in Section i8 and 17, Township 8 South, Range 86 West of the 6th P.M., 25 feet right and `25 feet left of the following described centerline. Beginning at a point on the west line of said Tract 58 from whence AP3 of Tract 59 bears N58'12'24"W 1469.44 feet; thence S58.16'02E along a line 25 feet left and parallel to the northerly right-of-way line of the Denver and Rio Grande western Railroad 167.60 feet; thence S31'43'S8"W 25.00-feet to said northerly right- of-way line; thence crossing said right-of-way S31'43'S8"W 100.00 feet; thence leaving said right-of-way 531'43'58"W 25.00 feet; thence 658.16'02"E 25 feef right and parallel t6 the §outherly right-of-way line of said Railroad 3105.97 feet to the east line of Tract 63 from whence AP6 of said Tract 58 bears N00.18'13"W 20.73 feet. ~< . s, ~ 4b326017 t)9/1<;/9i> 13;34 F:'c 9;S,i_r0 E;h:. 629 F'G 61_ Si.t.via Davis,' Fitl;r Cr~iClerF, Dor_ ?.00 -°- - RIBiHT•OF•WAY AND EASEMENT, !:ob~rt T. h£arroe~ GRANTOR(S), of F.O. does (do) hereby sell and convey to ROCKY MOUNTAIN NATURAL G, GRANTEE, for the sum of Eleven Hundred Fifty One and ($ t . t 5t . 60 )Dollars, and other valuable consideration, the a Colorado corporation, of which is hereby acknowledged, aright-of-way and easement Fifty ( 50 )feet in width for the purposes of laying, constructing, maintaining, operating, repairing, altering, inspecting, replacing, removing, andlor changing the size of, one or more pipelines (with valves, meters, fittings, appliances, and related facllFties) for the transporation of gas over, through, under and across the following described land situate in the County of Pitkin ,State of Colorado, to wit: A parcel of land situated in a portion of Tracts 55 and 54, Sections 20 and 21, Toranship 8 South, P.ange 86 West of the Sixth Principal Meridian. Said parcel of land is further described in F,rhibit "A" of a warranty deed recorded in Book 591 at Pages 175-175 of the official records of Pitkin County, .Colorado. GRANTEE shall have the, right and option to select the route and location of said right-of-way and easement and the center line thereof shall be shown on a plat or map filed foi record by GRANTEE with the Clerk and Recorder of the County in which such land is situated within ninety (90) days after completion of construction of the first such pipeline. GRANTEE shall have all other rights and benefits necessary or convenient for the full. enjoyment and. use of the rights herein granted, including, but without limiting the same, the free and full right of ingress and egress over and across said lands and other lands of the GRANTOR(S) to and from said right-of-way and easement. GRANTOR(S) hereby warrants and agrees to defend the title to the above described premises. GRANTOR(S) shall have the use of such right-of-way and easement except for any use which conflicts with the purposes for which this right-of-way and easement is granted; provided, however, GRANTOR(S) shall not build or construct nor permit to be built or constructed any building or other improvement over or across said right-of-way and easement. GRANTEE agrees to bury al I pipelines so that they will not interfere with the cultivation of the land, and also to pay for any damage to fences, improvements, and growing crops which may arise from its operations hereunder, said damage, if not mutually agreed upon, to be ascertained by three disinterested persons, orie io be appointed by the GRANTOR(S), one by GRANTEE, and the third by the two persons aforesaid, and the written award of said three persons, or any two of them, shall be final and conclusive. This grant covers all of the agreements between the parties and no representations or statements, verbal or written, have been made modifying, adding to, or changing the terms of this agreement. This easement and right-of-way and all provisions hereof shall inure to the benefit of and be binding upon the parties, their successors and assigns. IN WITNESS WHEREOF, GRANTOR(S) has (have) executed this Right-of-Way and Easement this dayof ~ ~, 79~. P.obert Z~orrow STATE OF ~o L02tD0 ) COUNTY OF tQl T~</~ ~ ss. The foregoing instrument was acknowledged before me by 1~78fti7 T ~D~W this , Zti~°T~ day of ~L/C'Ci87 !`TYLfl My Cot'am~s~~.4rr;Expires ~~- Z~ _. . _ _ fL i /S7-v_-- ` ,1::tla,`~; ,. ~--- No/tJaryPublic ' ,,, Address: ~if'3~~-y ~G ns ~Ld ~isa6 Box 51$0, Aspen, CO 81511 IL-:(. -,c ~.' r7 i ')/9n 1:x:41 w>c- !t.~ ru7 131:: C-, F G air? ~r.Iv1n I),w, F~itliri Cr)t.y Cler}:, I)c)c ~) RI(iNT•OF•VIlXY AN[~ E11S@NIETrT 'ihe Grange Ranches GRANTOR(S), of CO 81621 GRANTdEE, fort he sulm ofd coTenyandRNOo/100MOUNTAIfJ NATURAL4GAS COMPANYBasColorado corporation, ($ 10.00 )Dollars, and other valuable consideration, the receipt and adequacy of which is hereby acknowledged, aright-of-way and easement Fifty ( 50 )feet In width for the purposes of laying, constructing, maintaining, operating, repairing, altering, inspecting, replacing, removing, and/or changing the size of, one or more pipelines (with valves, meters, fittings, appliances, and related facilities) for the transporation of gas over, through, under and across the following described land situate in the County of _Pitkin ,State oP Colorado, to wit: A parcel of land in Tracts 61 and 62, Section 18, Township 8 South, Range 86 West of the Sixth Principal Meridian and as recorded in Book 458 at Page 407 of the official records of Pitkin County Colorado. Yn the event said easement is abandoned .for any consecutive two year period said easement will revert to Grantors. GRANTEE shall have the right and option to select the route and location of said right-of-way and easement and the center line Ihereol shall be shown on a plat or map filed for record by GRANTEE with the Clerk and Recorder pf the County in which such land is situated within ninety (90) days after completion of construction of the first such pipeline. GRANTEE shall have all other rights and benefits necessary or convenient for the full enjoyment and use of the rights herein granted, including, but without limiting the same, the free and full right of ingress and egress over and across said lands and other lands of the GRANTOR(S) to and from said right-of-way and easement. GRANTOR(S) hereby warrants. and agrees to detend the title to the pboye described premises. GRANTOR(S) shall have the use of such right-of-way and easement except for any use which conflicts with the purposes for which this right-of-way and easement is granted; provided, however, GRANTOR(S) shall not build or construct nor permit to be built or cor)structed any building or other improvement over or across said right-of-way and easement. GRANTEE agrees to bury all pipelines so that they will not interfere with the cultivation of the land, and also to pay for any damage to fences, improvements, and growing crops which may arise Prom its operations hereunder, said damage, iF not mutually agreed upon, to be ascertained by three disinterested persons, one to be appointed by the GRANTOR(S), one by GRANTEE, and the third by the two persons aforesaid, and the written award of said three persons, or any two of them, shall be final and conclusive. This grant covers all of the agreements between the parties and no representations or statements, verbal orwrilten, have been made modifying, adding to, or changing the terms of this agreement. ** This easement and right-oi-way and all provisions hereof shall inure to the benefit of and be binding upon the parties, their successors and assigns. IN WITNESS WHEREOF, GRANTOR(S) has (have) executed this Right-ol-Way and Easement this day of 19 ** except f.or the letter dated May 11, 1990 from Rocky Mountain NaturalGas Company to the Grange Ranches. STATE OF '-~~%TJ ) COUNTY OF / k=//I _~ ss. The Grange Ranches, A Colorado General Partnership ____ -~y General Pare J//t7Mtq r~ ~ ~U/~Li ,~ The foregoing instrument was acknowledged before me by _~ )%'-~4~3 ~- AAr~I. ~;t.~'ir~~ this ~/ Tiy day of ~7AGf ~ ~l~L~ i \~ ^o, a~Q ,~~j/t,~?~, t4 s. -~T-r Notary Public My~,. )'S~>~~i~$xpires ~~~ Address: ,~.i~~s% .;;, tlj n + ' r ~ ' r .OL/d' l/c' C't~ c~/u`~~ l - ,~~:.., . .:~ w_ ~ -,~ v ,~ , .,- ~^^+~ RIGiiT-OF-WAY 1\ND EASEMEN ~ - r The Grange Ranches, GRANTOR, of 0408 Emma Road, Basalt, CO 81621 do hereby sell and convey to ROCKY MOUNTAIN NATURAL GAS COMPANY., a Colorado Corporation, GRANTEE, for the sum of Ten and~no%100~(~510."005Dollars, and other valuable consideration, the receipt and adequacy of which is hereby acknowledged, a right-of-way and easement Fifty (50) feet in width for the. purposes of laying, constructing, maintaining, operating, repairing, altering, inspecting, replacing, removing, and/or changing the size of, one or more pipelines (with valves, meters, fittings, appliances, and related facilities) for the transportation of gas over, through, under and across the following described land situate in the County of Pitkin, State of Colorado, to wit: That part of the NEl/4NE1/4 of Section 13, Township 8 South, Range 87 West of the Sixth Principal Meridian lying north of the Denver and Rio Grande Western Rialroad right-of-way. and That part of the SE1/4SE1/4 of Section 12, Township 8 South, Range 87 West of ~?` the Sixth. Principal I~feridian .lying south of the old Emma Road. ~ ~ In the event said easement is abandoned for any consecutive two year period, ~ ~ said easement will revert to Grantors. ~,~ GRANTEE shall have the right and option to select the route and. location of m said right-of-way and easement and ,the center line thereof shall be shown on •. c a plat or map filed for record by GRANTEE with the Clerk and Recorder of the ~,~ County in which such land is situated within ninety (90) days after *~ completion of construction of the first such pipeline. ~ f ~ .~ GRANTEE shall have all other rights and benefits necessary or convenient for ~ the full enjoyment and use of the rights herein granted, including, but ~ without limiting the same, the free and full right of ingress and egress over ,~ m and across said lands and other lands of the GRANTOR to and from said right- ~ n of-way and easement. ''~' N f. z. GRANTOR hereby warrants and agrees to defend the title to the above described .~~~ premises. GRANTOR shall have the use of such right-of-way and easement except r for any use which conflicts with the purposes for which this right-of-way and o ~? easement is granted; provided, however, GRANTOR shall not build_or construct n o nor permit to be built or_constructed any building or other improvement over ~,~ or across said right-of-way and easement. ,=, , GRANTEE agrees to bury all pipelines so that they will not interfere with the cultivation of the land, and also to pay for any damage to fences, G improvements, and growing crops which may arise from its operations hereunder, said damage, if not mutually agreed upon, to be ascertained by three disinterested persons, one to be appointed by the GRANTOR, one by GRANTEE, and the third by the two persons aforesaid, and the written award of said three persons, or any two of them., shall be final and conclusive. This grant covers all of the agreements between. the parties and no representations or statements, verbal or written, have been made modifying, adding to, or changing the terms of this agreement except for the letter dated December. 5, 1990 from Rocky Mountain Natural Gas Company to The Grange Ranches. This easement and right-of-way and all provisions hereof. shall inure to the benefit of and be binding upon the parties, their successors and assigns. IN WITNESS WHEREOF, GRANTOR has executed this Right-of-Way and Easement this _iB day of December, 1990. STATE OF COLORADO ) ss. COUNTY OF BSTs~N 1 The G~ nge Ranches, ~ Coloaado General Gen al Partner By: Lllc.~ f 7,7~~;`~/~L/f~i_cti`' JZ Title: Gc~l~,'/~r ~p/'~:rn; GARFIELD The foregoing instrument was acknowledged William J. Grange, General Partners this of the Grange Ranches, a Colorado General Partnership My Commission Expires: 12/7/93 .. Partnership ~y ~, -. ~, before me by ~,iminv~E.'Gran~e and ~~ day of DeC~ittlS~e~`,i? ; ~~U::l• ,; Ci ~y,:,?.ui31iC W.O. #8001003 .,;- RIGEiT-OF-WAY AND EASEMEII~ Dianna Gail Bishop and David Frank Bishop, GRANTORS, of P.O. Box 467, Basalt, CO 81621 does hereby sell and convey to ROCKY MOUNTAZN_NATURAL GAS COMPANY, a Colorado Corporation, GRANTEE, for the sum of Nine Hundred and no/100 ($900.00) Dollars, and other valuable consideration, .the receipt and adequacy of which is hereby acknowledged, a right-of-way and easement fifty (50) feet in width for the purposes of laying, constructing, maintai^.:ing, operating, repairing, altering, inspecting, replacing, removing, and/or changing the size of, one or more pipelines {with valves, meters, fittings, appliances, and related facilities) for the transportation of gas over, through, under and across the following described land situate in the County of Pitkin, State of Colorado, to wit: A right-of-way and easement across a portion of the NE1/4 of Section 20, Township 8 South, Range 86 West of the,. 6th Principal Meridian 25 feet right and 25 feet left of the following described centerline: Beginning at a point on the centerline of the Roaring Fork River Prom whence'AP6 of Tract 58 of Township 8 South, Range 86 West of the 6th P.M. bears N68°29'14"W 3172.94 feet; thence S87°00'51"E 285.80 ,feet to .the southwesterly right-of-way line of Colorado State Highway 82 from whence said AP6 of Tract 58 bears N69°59'52"W .3445.12 feet. Containing 0.3 acres,' more or less. GRANTEE shall have all other rights and benefits necessary or convenient for the full enjoyment and use of the rights herein granted, including, but without limiting the same, the free and full right of ingress and egress over and across said lands and other lands of the GRANTORS to and from. said right- of-way and easement. GRANTORS hereby warrants and agrees to defend the. title to the. above described premises. GRANTORS shall have the use of such right-of-way and easement except for any use which. conflicts with the. purposes for which this right-of-way and easement is granted; provided, however, GRANTORS shall not build or construct nor permit to be built or constructed any building or other improvement over. or across said right-oP-way and easement. GRANTEE agrees to bury all, pipelines so that they will not interfere with the cultivation of the land, and also to pay for any damage to fences, improvements, and growing crops which may arise from its operations hereunder, said damage, if not mutually agreed upon, to be ascertained by three disinterested persons, one to be appointed by the GRANTORS, one by GRANTEE, and the third by the two persons aforesaid, and the written award of said three persons, or any two of them, shall be final and conclusive. This grant covers all _of the agreements between the parties and nc representations or statements, verbal or written, have been made modifying, adding to, or changing the terms of_this agreement. This easement and right-of-way and all provisions hereof shall. inure to the benefit of and be binding upon the parties, their successors and assigns. IN WITNESS W2iEREOF, GRANTORS have executed this Right-of-Way and Easement this ~ day of 4..,_ 191[. ~:,: '~• ~''r• ..C~,~~ STATE ,~OF' C c)101e ~v ) } ) s5. COUNTY OF i'~= ~rC:n ) ~~ Dirt Iri 1 ~/Ctr~ A~'-~r-~/M Dianna Gail Bisho David Frank Bishop The foregoing instrument was acknowledged before me by ~: `i~-. ,t 19 ~ r~~..n.~.~ Gc: ( ~~s~~,.i1 this ~~ day of , ~_ ~- Notary Pub i~ My Commission Expires:1~~ J.O. #8001003 _ ,. . , ~,~,.. . , .., nMti .,~ . , . ~,. ...w. k. a,...~..~ .>, ~~ ~~ ~~ n..:. _ ,.a.. x ~v,~~.~~ ~. .: ;. ,RIGHT-OF=WAY AND EASEMENT"" m W N { P Lonnie & Alice Stott, Husk~and and Wife, GRANTORS, OF 0251 Emma Road, Basalt,'a O CO 81621 does hereby sell and convey to ROCKY MOUNTAIN NATURAL GAS COMPANY, a ~' a Colorado Corporation, GRANTEE., for the sum_of Eighty Two Hundred and no/100 a ($8,200.00) Dollars, and other. valuable consideration, .the receipt and N•~ adequacy of which is hereby acknowledged, aright-of-way and easement Fifty~n ~ (50) feet in width for the purposes of laying, constructing, maintaining, .n ~ operating, repairing, altering, inspecting, replacing, removing, and/or N..~ changing the size of, one or more pipelines (with valves, meters, fittings, ;~,., appliances, and related facilities) for the transportation of gas over, ~ w through, under and across the following described.. land situate. in the County ~,; of Pitkin, State of Colorado, to wit: ~`~ 7 rt T A Right-of-Way and Easement across a portion of Tract 59 in Section 18, V' ~ Township 8 South, Range 86 West of the Sixth Principal Meridian, 25 feet ~ ~ right and 25 feet .left of the following described centerline: m °- Beginning at a point from whence AP3 of, said Tract 59 bears N57°56'54"W° 279.60 feet; thence S58°16'02"E along a line 25 feet left and parallel to thew V northerly right-of-way line of the Denver & Rio Grande Western Railroad ~"~' 1189.84 feet to the East line of said Tract 59 from whence said AP3 Tract 59~ff ~ bears N58°12'24"W 1469.44 feet. ~ ~ ry GRANTEE shall have all other rights and benefits necessary or convenient for the full enjoyment and use of the rights herein granted, including, but without limiting the same, the free and full right of ingress and egress over ~ and across said lands and other lands of the GRANTORS to and from said right- of-way and easement. GRANTORS hereby warrants and agrees to defend the title to the above described premises. GRANTORS shall have the use of such right-of-way and easement except for any use which conflicts with the purposes for which this right-of-way and easement is granted; provided, however, GRANTORS shall not build or construct nor permit to be built or constructed any building or' other improvement over or across. said right-of-way and easement. GRANTEE will allow a road to be built within said easement; provided, however, said road shall have a dirt or gravel surface. No hard-surfaced. material may be applied to the surface. Said road must parallel and adjoin the north right-o.f-way line of the pipeline easement and have a width not to exceed 20 feet. In the event said road is damaged by pipeline maintenance or construction, GRANTEE will not be responsible for.. any damage to said road. GRANTORS collectively shall have the right to one tap to a pipeline to be installed on the subject property; provided that GRANTORS shall pay the customary charges for said use and be subject to regulations in effect at the time of such request. One or more customers may connect to the one tap so long as volumetric capacity permits such connections but subject to customary charges of such .request. GRANTEE acknowledges that an old construction trailer and supports for the framing of a log house exist on the easement.. GRANTEE will not allow any human occupancy of either structures at any time except for fitting of logs to complete the house framing. Within two years after pipeline construction, said house and trailer shall be removed from the_ easement and shall not become a permanent structure over said easement. In no event shall GRANTEE be liable for any damage to said house or trailer during any future pipeline maintenance or construction activities within the easement. GRANTEE agrees to bury its pipelines deeper across the dryland-.knob at the di.recti.on of GRANTORS, but not to e;tcaec: 7 foot total. depth of ditch. GRANTORS specifically agree to ask GRANTEE to identify the approximate location of its pipelines in advance. of any excavation or land leveling activities at or near the dryland knob. GRANTEE agrees to bury all pipelines so that they will not interfere with the cultivation of the land, and also to pay for any damage to fences, improvements, and growing crops which may arise from its operations hereunder, 'said damage, if not mutually agreed upon, to be ascertained by three disinterested. persons, one to be appointed by the GRANTORS, one by GRANTEE, and the third by the two persons aforesaid, and the written award of said three persons, or any two of them, shall be final ahd conclusive. This grant covers all of the agreements between the parties and no representations or statements, verbal or written, have been made modifying, adding to, or changing the terms of this agreement. 1 This easement and righ~ o-'of-way and all provisionsreof shall inure to the ' benefit of and be binding upon the parties, their successors and assigns. IN WITNESS WHEREO"~F//qq GRANTORS have executed this Right-of-Way and Easement this ~ day of ~^,1i7~'-y ~ 4 ~ 19~ +k3'bi~if~ 09/i.i~/90 13:31 F:ec ?>1i~,ni~ E~h'. 629 F'G 60 ~ Silvia Davis, F'itl::in Cnty Clerk, Doc !6.00 STATE OF G"oLb,radv ) ss. COUNTY OF 7~i rkr~J ) BE IT REMEMBERED that on this 24>N day of w~uT 19 9~, before me, a notary public in and for the county appeared the above-named ~r/rrrE Sra r-r .a /s personally known to me and known to executed the foregoing instrument and suc execution of the same and acknowledged voluntary act and deed.. and state aforesaid, personally ~o ~OU~fr s.-a 7't who me to be the same" p`ersonS who h person S duly acknowledged the said instrument.. to be ~,vsi~ IN WITNESS WHEREOF I have hereunto. set. my hand and affixed my notarial seal th4 da.y apd year last above written. ~ ~jJ My CcimrSiss qn Expires: G%~;~lJ~'~ " ~ ~~~~;;~~ Notary Public pp ~pL 2 "•1,376 lc~/cap'; 9c)- t i:'3G ftec 4~ tc~, i Fil:: 631 F'G 651 .... ~. G:i..l~ D~ .i.<.~, f"itl<ln`Cnty Clerl• ;oc 2.i~<~ RIGHT•OF•WAY AND EASEMENT Gisella Fiou Myers, Nina McNeel, Joe Fiou, Jr., Alict Stott, Merino Fiou and Linda Jadwin GRANTOR(S), of Basalt, CO 81621 does (do) hereby sell and convey to ROCKY MOUNTAIN NATURAL GAS COMPANY, a Colorado corporation, GRANTEE, for the sum of Thirteen Hundred Four and No/100 ($ 1,304.00 ) Dollars, and other valuable consideration, the receipt and adequacy of which is fie}eby~. acknowledged, aright-of-way and easement Fifty ( 50 )feet In width for the purposes of laying, constructing, maintaining, operating, repairing, altering, inspecting, replacing, removing, and/or changing the size of, one or more pipelines (with valves, meters, fittings, appliances, Arid related facilities) for the transporation ~of gas over, through, under and across the following described land situate in the County of Pitkin ,State of Colorado, to wit: An easement across a portion of .Tract 59 in Section 18, TBS, R86W of the 6th P.M., 25 feet right and 25 feet left of the following described centerline:.... Beginning at a point from whence AP3 of said Tract 59 bears N89°46'47"E 2.94 feet;'thence S58°16'02"E along a line 25 feet left and parallel to the northerly right-of-way line of the Denver, Rio Grande, Western Railroad 282.09 feet to a point from whence said AP3 .Tract 59 bears N57°56'54"W 279.60 feet. GRANTEE shall have all other rights and benefits necessary or convenient for the full enjoyment and use of the rights herein granted, including, but without limiting the same, the free and full right of ingress and egress over and across said lands and other lands of the GRANTOR(S) to and from said right-of-way and easement. GRANTOR(S) hereby warrants and agrees to defend the title to the above described premises. GRANTOR(S) shall have the use of such right-of-way and easement except for any use which conflicts with the purposes for which this right-of-way and easement is granted; provided, however, GRANTOR(S) shell hot build or construct noi• permit to be built or constructed any building or othecimprovement over or across said right-of-way and easement.. GRANTEE agrees to bury all pipelines so that they will not interfere with the cultivation of the and, and also to pay for any damage to fences, improvements, and growing crops which may arise from its operations hereunder, said damage, if not mutually agreed upon, to be ascertained by three disinterested persons, one to be appointed by the GRANTOR(S), one by GRANTEE, and tfie third by the two. persons aforesaid, and the written award of said three persons, or any two of them, shall be 7inal and conclusive. This grant covers all of the agreements between the parties and ncTrepresentations or statements, verbal or written, have been made modifying, adding to, or changing the terms of this agreement. This easement and right-of-way and all provisions hereof shall inure to the benefit of and be binding upon the parties, their successors and assigns. IN WITNESS WHEREOF, GRANTOR(S) has (have) executed this Right-of-Way and Easement this day of ~~/iai~i~s 1^ , 19 ~ . ~ ': ~ '~ Meri~n{/o/"J~N'N~~y yY,~~,J~ )~,/~ ]~1iJS-,£iN~+JC,p,J Nin2 McNeel '~~,,,, ~. ST~AS'La'~C7F`'A~:(:i~~`~/La~3'a ~ ss. r,,,,,,+ *:,+ . The foregoing Instrument was acknowledged before me by ~s€hlA ~i~~rs Awe ~~it/Nn ~in~~ B~-, this ~4 rN day of ~C ...UCT ~~~~ ~rFllA /yfy~~A..r .4s C~~u'.axoi,oi.I My Commission Expires: ~~'-~~3 Notary" Public Address: -~S R7 iT /Ic? w,. • ~~ STATE OF ~~+La~r,!'`O COUNTY OF T'l I ~~~ The foregoing instrume ':! Y r c>.^;.& 1p/ti9/90 13„ 3i3 9c1C~. iii ~t•:~i.a: IJavisy> 4'%tk:in CnI;.Y`~Cl.ar•4:: ss. nt was acknowledged before me by L/CF this `l9•J~ day of a:.^.usr F;1' 631 r•r es~ Dc~r.. 'Y t.`.ii'~ .`>TOTT 19c~ . ,L< bti • 1, • < .~~ commis9Y~n. expires ~- ~ - ~3 .r~ . , -) - o--o-o • ~. .' J,~ pU~~~(~ A q, v tJ .i Notary Public Address: ~5 (S ? l' e?~ ~~LiSAG`n Cho ~i'/S~o STATE OF (oi-p,~~r~b ) ss. COUNTY OF ~AFisLD ) The foregoing instrument was acknowledged before me by ~/i~iA ~]. /~ c f~L- ~ this Z~J{/ daY of ~Lrjr4'% ~ 19`~O. 4 /~ .,`ily cnommissim:Y` expires ~/j -• ,~ - ~..3 Nf AUB.~t~ o n %F or toy-°~~' STATE OF /;~/ ~2-,ot~h ) ss. COUNTY OF ~On.~F1 ~ LO ) ~, -t:~ _.otary Public - Address: ~C_ ..KZ rr ~t~4o G/ ~a ~ ~ f/'6'yG The foregoing instrument was acknowledged before me by ~ ~~ {~/n ~ this. 27~~ day of ~ ~ r/OT /,+ 19/ ~. e.. ; •ky commiss~®ii.. expires •~ ' -- ,y' - /~,3 - v - , ,, ,~', "" ~" ~ G ~ ~ Notary Public 9c\ ,, Address: 2 ~ a"~ ~. ~,{~ F or• co~-° . .~„ . ~L ~'/SQL ! ~r~~ ~. ;s STATE OF ~'nl„~tArl (~ ) se. COUNTY OF ~7lC/~ 1 ) The foregoing Ynstrument was acknowledged before me by ~i~01-~ .TA•0~'J/~~ this 27 T~ day of y cjol 19 ~p. ~. . y., - ~ cdhmii8sion .expires ~- j~ P3 n ~, r'- } ~ti v/J" Notary ublic F OF c~~0^. •` "` Address: ~Y~~(', ~Gic,oDr ~~ ~/.~Z~ ,•- Reception No.-112272 __ - Yeggy E. Coble, Recorder 601~K.L~j~1 PAGE~~.I r ~ -' RIGHT OF MAY AND EASEMENT •- r of Carbondale Colorado , n _ ~• ..,,:dogs, • hereby convey and warranE~to ROCKYMOUNTAIN NATURAL GA5 COMPANY, INC.,~Uenvex, Colo ~~„_,,.,, redo, Grantee, its successors and aasigha, for the sum of ° +~ DOLLARS '($ in_nn) and ether go an va ua la consid- erations, receipt of which Ys hereby+ acknowledged, a right of way and enaement fifty. (50) feet in width, to lay, maintain, operatie, repair, alter, inspect, protect, re- move and replace pipelines','valves, valve boxes, and other gee distribution and related facilities over, through, uddei and across the following described land and premises situated in the County of Pitkin State of Colorado towit: , Twp. ® South Rge. 87 West 6th P•M. Sec 13: Lots 4, 5 '- The center line of said right of way and easBment shall exteridsthrough and acrosa•the above described land and premises as shown on a plat or map of said line to-be record- ed in the office of the County Clerk and Recorder. ' TO HAVE AND TO HOLD the same unto the „said Rocky Mountain Natural Gas Company,, ~• ,, ~_ Inc. its successors and assigns, so long as such facilities ox any of them above re- ferred to axe owned, operated or. maintained, with. the right of ingress and egress to and from said ,right of .way to maintain, operate, repair, alter, inspeot, protect, re- , move, and replace the :.same. The•Gxantor(s)•sha11 have the'use'of'premises excej~C for any use which conflicEs' with the purposes for which this right of way and easemenk• is granted: /.,,,.. , The. Grantee hereby agrees to .pay for damages,,to crops or fences resulting from the laying, erecting, maintaining, ope;sting, or removing of .said .pipe lines nnd,xe- ,. fated facilities; said damages, if not mutually agreed upon shall be ascertained bq three disinterested peraons,•one thereof. to be appointed by,the Grantor(s), one,bq the Grantee, and the third by the, two so appointed and the written award of anq two- I such persona hall;•be•final and .conclusive. ~ ' The Gxantot'(s) shall hot build or construct riot p~rmi£ to'6e built'or''cnnetrdcEed •` any building or other impovencent~over or acros§`•said right of way; This easement aed right of way shall be a covenant running with the land and 'shall be binding upod ahd'''" inure to the benefit of the heirs, successors and assi~na. of ,the Grantor and the suc- cesaors and assigns of the~GranEee. , , , ~, , ~` The terms and provisions herein contained: constitute .the entire agreement between the parties and shall supersede all previous communic,ations,.repxesentationa; or agreements, whether verbal. or_written, between the parties hereto with respect Co the subject matter hereof. 4IITNE$S.the hand~of said Grantor(s), this 15th day of ,q~Ls~ ,19fyj. saran-~=~rasszsr ' ~, _- ,~ ;,,.~ ~. Arthur Vasten , a~ r r . a s ~- ~ M • Mae ><laeten Stato of Colorado ) F 1`~i?39R_~! sa. County'of. PITKIN ) c: ~'"F"The forgoing instrument was acknowledged before.. me bq ~„h„ v~~+o,, ~ ,.,s,r„,.,o,. and .1 , wife Iir,EltGr Vasten ~~ M• Mae Vasten,, his/. this ,_,_ 15th day of Rugust , 19~y],. My-Oommisc#on Expires Ju1~7~,, 1964. n.' ~~.` .a1.ty~_-u. •~ )~~' ~I Notary Yu611c ~, .,,, ~~ , _. ~n - -' ,., ,., y .. .~,- . U ~ttion Nrr i>!-r t~GEtyL• rl.tulLiu, t.c.tatder. uuun~i)~i i'A6C.;~,~!:!,. R~•ce.F ANhNI)I'"""*~t [CII I OIT-WAY ANU IiASi 111;N'P lJl l'livn 13. Lamplcy attd llon>.t -!. hanq>ley,' ~` ~ eY L„u'•s G. 'l'ope, .James 8. Lecltn _, Alfred ,1. Kilzclmm~ Alatn Lozac'h and Laurie l,ozac°h, , Gr;mtors, oC Asimt, G~~lorado, do herchy convey and warrant to ROCKY 110UN'1'A~fN NA'1'111NI. GA:; CU~II'AN}', 1NC., P. 0. Ilox 700, Glenwood Springs, Colorado, Grantee, i.ts successors and assi};ns, cog Chc sum of 1'enand more Dollars ($10.00) and othcrgood and valuable. considerations, recipt of. which is he.r.eby acknowledged, a right-oE-way and easement fifty (SU) feet in width Co lay, maintain, operate, repair, alter, inspect, protect, remove and replace pipelines, valves, valve boxes, and other gas distribution and related facilities over, through, under and across the following described land and. ~ premises situated inthe County of Pitkin, State of Colorado, to-wit: ; A strip of land situated >.n Tract 60, SecCi.ons 12 and 13, T. 8 S., R. 87 lJ., Gth P.11., being 25.00 Ccet on each. side of the followinP,descri.bed centerline: Regi.nninl; at a point whence nn iron potit with a brass capfoune( in place and properly marked Cor Angle Poinf No. 2 oC Tract 88 in said 'L'. 8 S., R. 87 W. of the Pith P.P1, bears N. 00°15'00" li. 281.0 feet; thence N. 85°06' IJ. 78.2 feet-; thence N. 42°59' W. 79.8 feet; thence N. 76°31' W. 585.5 feet; thence N. 75°45' W. 2(19.2 feet; thence N. 73"OS' W. 412.0 feet to a property line fence now in place; 11115 pointbears N. 00°24'22" E. ~i00.0 feet. from Angle Point 4.of said Tract 60. Thor. center line of said right-oE-way and easement extends through and across the above described land and prcntises as shown on_o p1a1: or map of said Line recorded in the office of thcCounty Clerk and Recorder. , 'f0 HAVE AND TO 1I01A the same unto the said Rocky Mountain Natural Gas Company, Inc. its successors and assigns, so .long as such facilities or any of them above re- ferred to arc owned, operated or maintained, with the right of ingress and egress to and from said right-of-way to maintain, operate, repair, alter, inspect, protect, remove, and replace the same. 1'he Grantors shall have Che use of premises except for any use which conflicts with Lho purposes for which this right-oE-way and easement is granted. The GranCec hereby al;rees to Pay for damn ges h~r,.a ft..,- c:m <..a i; .. ~....... ,. .- f~-._-r:; resul[ing Crom Che laying, erecting, maintai.ninl;, operating, or removing ol. sai.d pipe lines and related facilities; said dmnages, if not. mutually agreed upon rhall be ascertained. by three disinterested persons, one thereof to be appointed by the Grantors, one by the Gr:nttee, and the ChLrd by the twv so appointedand the written award of. any two such persons shall be final and conclusive. The Grantors shall .not build or construct nor permit- to be built nr constructed any building or other improvement over or across said right-of-way. This casement and ri.p,ht-oE-way shall be a covenant rtuniing with the land and shall be binding upon and inure to the benefiC of the heirs, soccer&ors and assi.+;nn of the GCatICOC9 and the successors and asttil;nn of the GranCuc. 9'his instrument states with particularity the location of the right-of-way and case= mo.nt granted by thak certain document recorded October 19, 19Glin Rook 195 at. Page 421. Ily cxecuCion of this document in the place provided below, Rocky Mountain Natural Gas Company, Inc. does hereby agree to the provisions hereof. The terms and provisions herein contained constitute the entire agreement between the parties and shall supersede all previous communications, representations, or al;recments, witcthcr verbal or written, between fire parties hereto with respect to the subject matter hereof. 111'I'Nt:SS the hand of said G • ~ ~ .~ this ~ n day of January, 1972, -~ ~ i )emrc^ R: jrie jipg ~ , Altt:cd .7. t:itzelman' ~ C "" YROVI:]) Y I31ai'~~ICIAR.ES-UNI~jiJ,'~SIFISTING UP•,ED ~~ OP TRUST: d~G~ - Ar.nur Vasten . Mae Vasten A'C'1'GST: , Alain Lozac ~~ : t~~_~7,"i the , I/,,, Laur e Lozac'h%, / ~/, h ~ ;William P( Lamplcy c ~~ _ Donita. N\ Lamliley ,' i~ - /~i~~ BEY ~;;.nt, F.OCKY MOUNTAIN NATURAL GAS COMPAN~,~ INC. '~~~PreSidcn t. „ / _, ,~ ~-rs ( Utl~l~ti~3~ i'hGLs.~~ , 4h . w.. • ~ • - ~ srrcrE of col.otu+4o ) ) ss. .COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me by WILLIAPI P. LNSPLIY, this 1'_ ~/" day of-d-antrar~y, 1972. My Commission expires ~ ' ~- ~~ .n ~~, r,. '.i^ ~'. ~~~5'1~nTn O;a~COLORADO i ) SS. COUNTY OF PITKIN ) The foregoing instrument was ac nowledged before me by DONITA N. ~~~~u.~ LAMFLEI', this ~7_ day of-a~amaazy, 1972. My commission expires ~'~ ~~- ,~ \,; .\~ ~ rti , is ~ ~,,. , ~~'r ... r.>~ STAT$ O1" COLOFi:1DO ) SS. COUNTY OF PITKIN ) V t The foregoing instrument was acknowledged before me by .ARTHUR VASTGN, this 7th day of Marclir 1972• My commission expires October 4. 1975 ,) ,,.~yc .. .i,;; ,,~, / , ~". C f, '~%~ Notary Publ''' ~ t_.~ Lt' ~ 'J1 j ~~~;,~7`,`..p:..j~l,'J-(`~1t ,~••~ fir.. STATE OF COLORADO ) ~~`~~~ COUNTY OF PITKIN ) ~1".,.r`"', ~l The foregoing instrument was acknowledged before me by 1V1,MAE VASTEN, this 7th day of .Mare, 1972. My commission expires October 4, 1975 '~ .~t? 10 L ., i~ ,~ G• ~i rf ICv>~l.{~. ,J^^ C?,. .,,nr n~p.~O:. _, . t i I fiuUn ~? t3 ~.Jc I ALL ~.~~r'!: , . _~ .. ~ ,. sTATI: or• coLOanDO ) aa. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me by 1Al1IS C. TEPE, this i y , ~, ;` day of January, 1972, My conunisaion expirea yCornmfeaionexplreaJu1.29,1973 ~: ~~„~ ~- - rig; ..~ 1 ~ STATE OPf~OIARADO ) sa. COUNTY OF PI17:IN ) tnry 4>llc (\ '. .The foregoing instrument was acknowledged before me by JAMES B, LEELINC~ this _____,} `' .day of January, 1972, My commission expires MyCommisslonexpiresJuL 29,1970. , ~ Notary, ub ~c~~~ I s'rATE of coLORnno > f ) ss. CQtIPTTY~ OF 1~~/1;TIj7 rr. ) The foregoing instrument was acknowledged before me by ALFRED J. KITZELMAN, this Vic-' day of January, 1972. My commission expires MyCemmlaslonexpJresJul.29,1976 Rnhublir, of Branco _.. ~fyx~~ ~~ k c. ;, 1 I;;.,,.,rlnronl of thn '" ~ Notary Public 1 rn•hr,-<jrr-RlrOno SS I;i.y ol'MarscilM Consufalo Gcncral of the STATE OF COLOCcAUOJrrj(cc) States of llnrrr~r a ss. • COUNTY O.i PI1'K1N ) s : ;: ,`Lho'for~goi•dg',instrumenC-was acknowledged o , ~ ,, April OZ.I(C `]t, ;"this '' 19th_ say of/,~~~yr~,/~+, 197z . ~ur My 'cotnmiasio,h expirea ///// ... ,.~~) y_..._.. __ .... _ . . . lti ' '' ~ . ~' S'CATL•' OF COIQRAbO COUNTY OF GARPIELD a3. Georgq [i. ICcllenholch/ /Vice Consur of iha United Stoles of America 7 ~/ /%4. , Tlrc foregoing instrument was acknowledged before me this-~C -- day of -January, 1972, by ,:% iU" ,( ~. ~~ as`President and .J/~~i~•.-;f/. // .- ~aa- ScErc.tary, of ROCKY MOUNTAIN NATURAL GA57 COMPANY, INC., a corporation. r'. •' .'` ~.`O~r\I°(~'cpAunission expire r..) ,.G..p,-J- ~~ '•, rr7 U ~ ~~C~ . . ,,, .,, , ,,,,,/' ,,••,..•r•„ Notary Public t~j,.i, before me by ALAIN LO%AC'lI and IK,URlE y Public _ _ -.. ~ - _ , :- . -. .. „_a ......-nay. c~ T ~~ ' + U fzlo ~ c n O D r !~ '' on { t. l ` 7 n } i m i31 it RJ ~~ 4 O ~) o v m P ~ _/ ~ ~ ' x N N W W ~, f~ r U ~ ~ 6 r. r ~., ~~ ~ S 'n ~J `~~ M1 d m 0 m ~^1 ~~ ~ ~ ~ ~n , n. I v- c ~~ ~ Fi ~ O -i ~. c: ~ ~ -~ ? o r ~ -i ~., ~ .. ~> ~ JU Z ~. r r ~, ', ~ ~ ~.. O c ~.. ' ~ ~ N„f ~i ~,,.~.. .,~~~~~'~.f.~i 1~A~~ ~~., ~., N ~ ,. o ~ ~ n e`Y~ ~:c~ Q a ~ °_-sZO T o- 1~J ~. ~ J .. ,. :: ~i a -., . , 1 . .. ~ i . y. ... ' _.. ~"•. .. es.. 1 4 ' N` n\` C' \I l \~ 1 ~) ~ ,^ ~ -~ 7 r~ Ip~b C, IV '~ by "~\ ~. rn .\ `~ ~~ 1.\ ~:~~. @ileu for record uc wuex .ry,-~jui'ac 1:36 o'clock hM ~ ~~ Reception No. 112274 Peggy N. Coble, Recorder ~ (300K1i7~ snG~29' RIGtIT OF WAY AND EASEMENT Rrthur Vasten and M, Mae Uasten, his wife, Grantor(s), of Carbondale _. Cg _ ~ _. larado does; hereby convey and warrant to ROCKY MOUNTAIN NATURAL GAS COMPANY, INC., Denver, Colorado, Grantee, its successors and assigns, for the aum of Ten and mars DOLLARS ($ Ip.OD) and other good and valuable'considera- tions, receipt of which is hereby acknowledged, a right of way and easement fifty (50) feet in width, to lay, maintain, operate, repair, alter, inspect, protect, remove and replace pipe- lines, valves, valve boxes, and other gas distribution and related facilities over, through, under and across the following described land and premises situated in the County of Pit41~ State of Colorado towit: Twp. 8 Sauth, Rge. 07 West 6th P,M. Sec 13: Lots 1, 6, Part df Lot 5 Described, in Book 66 at Page 312, Pitkin County Records Tt~e center line of said right of way and easement shall extend through and across the above described land and premises as shown on a plat or map of said line to be recorded in ,the office of the County Clerk and Recorder. TO HAVE AND TO HOLD the same unto the said Rocky Mountain Natural Gas Company, Inc, its suc- cessors and assigns, so long as such ~facilitiesor any of them above referred to are owned, operated or maintained, with the right of ingress and egress to and from said right of way to maintain, operate; repair, alter, inspect, protect, remove, and replace the same. The Grantor(s) shall have the use of premises except for any use which conflicts with the purposes for which this right of way and easement_is granted. The Grantee hereby agrees to pay for damages to crops or fences r¢sulting from the laying, erecting, maintaining, operating, or removing of said pipe lines and related facilities; said damages, if not mutually agreed upon shall be ascertained by three disinterested persons, one thereof to be appointed by the Grantor(s), one by the Grantee, and the third by the two so ap- pointed and the written award of any two such persons shall be final and conclusive, The Grantor(s) shall not build or construct nor permit to be built or constructed any build- ing or other improvement over or across saidrightofway. This easement and right of way shall be a covenant running with the land and shall be binding upon and inure to the benefit of the heirs, successors and assigns of the Grantor and the successors and assigns of the Grantee. The terms and provisionsherein contained constitute the entire agreement between. the par- ties and shall supercede all previous communications, representations, or agreements, whether verbal or written,between the parties hereto with respect to the subject matter hereof, WITNESS khe hand of said Grantor(s) this fth day of ~jp,P#amhar 19~j],• ,/ Ar l~~llas en CC l_... - , -Af:-1 a 'Vas en JCa to of Gdlorado County of ('k~~'~~,~1N ,,,,W UUU,~~~ -.y7y ~, `~.~'kr~,,forp~.iny'nstrument was acknowledged before me by ~wr-.11~36k9r+-Bnd MT Mae `v .-' ;. , Vr stem;- hip i5lfife This 6th day of September 19 61. ~ '. My~ Commipsi0ri expires July 12. 1964 I, ~\ ~_ ~ chi ;^~~ ~, ^\." Notary Public ~- J f1 .,, 996 _ _ RR ROW 5 0' PROPOSED 10" MAIN __ 2" VENT ~90° nn~pp,,~~pp~~CAR~~B~~nOn~nnNnnDAL pp,,pp~~,,pp~~77,,pp~~-g~S--P~~pE~N pp6~~pRppApt~~V~~CH77 fT~IlII1111~I1111111T(~ IIIIIIIIIlIII111TfIfTT~ IIIIIIIIIIfI -MILE POST 383+3717' 50' 14° CASING 2" VENT -- Rtq ROW -- -° -- PLAN scAIE_ ASPEN - I it F- I- w w Z z ~ ~ J Q ~ , ~ z~ ~ PROPOSED 70" MAIN Tuu - 74 cAmrv~ 5'6" 3'min, MILE POST 383+371T HORRONTAL 1"= 20' CROSS SECTION scALE vERncAL ,•_ tD' IONS PIPELINE CROSSING SPECIFY^AT~ ~ Cr ,~R PIPE CASING PIPE CONTENTS TO BE HANDLED. NATURAL cps LENGTH OF CASING. 100 INSIDE DIAMETER. ~ t°" ia" OUTSIDE DIAMETER (INCL COATING), ,°.s" OUTSIDE DIAMETER OF JOINT, CARRIER PIPE -. m.r PIPE MATERIAL. sTFEL SPECIFICATION AND GRADE. API SL Gr.B Grada B WALL THICKNESS. .2so .772 ACTUAL WORKING PRESSURE. eooe TYPE OF JOINT. wFLn WELD COATING MATERIAL. Fus1oN eotlD FUSION BOND METHOD OF INSTALLATION . wsPa,>•n aoRluc VENTS: NUMBER. 2 SIZE 2 IN. DISTANCE OUT FROM CENTERLINE OF TRACK sn' PROTEC170N REQUIRED '~' NoTE: RAIL POSTS OR EQUILALENT .PROTECTION AT ENDS OF CASING. ®807H ENDS QONE END TYPE END SEALS BURY: BASE OF RAILS TO TOP OF CASING s FT. B IN. BURY: NOT BENEATH TRACKS. s FT. c IN. BURY: ROADWAY DITCHES. a FT. ° 1N. TYPE, SIZE AND SPACING OF INSULATORS OR SUPPORTS, nRpDl v lush n7Oas DN a` CENTERS CATHODIC PROTECTION YES APPROXIMATt DATE WORK WILL BE DONE ah/so (46 HOURS NOTICE REQUIRED) PLANS FOR PROPOSED INSTALLATION SHALL BE SUBMITTED TO DIVISION SUPERINTENDENT AND MUST MEET THE .APPROVAL OF THE CHIEF ENGINEER BEFORE CONSTRUCTON IS BEGUN. PLANS SHALL BE DRAWN TO SCAIJ= SHOWNIG RELATION OF PROPOSED PIPE LINE TO RAILWAY TRACKS, ANGLE OF CROSSING, MILEPOST LOCATION OR RAILWAY SURVEY STATION, RIGHT OF WAY ONES AND GENERAL LAYOUT OF TRACKS AND RALWAY FACILITES. PLANS SHOULD INCLUDE ALL APPURTE- NANT FEATURES OF THE PIPE UNE, SUCH AS VALVES, MANHOLES, VENTS, CASING, etc., LOCATED ON RAILROAD PROPERTY. CROSS SECTION SKETCH SHOULD SHOW PIPE UNE AND APPURTENANT FEATURES AS RELATED TO THE TRACKS AND SURROUNDING GROUND. THE EXECUTION OF THE WORK ON RAILROAD RIGHT OF WAY SHALL RE SUBJECT TO THE IN- SPECTIONANODIREC710N OF THE CHIEF ENGINEER OR HIS AUTHORIZED REPRESENTIVE. APPLICATION LOCATION. IS HEREBY MADE FOR THE ABOVE DESCRIBED CROSSING XXX .ENCROACHMENT ~ AT OR NEAR BASALT (EMMA~ INDIVIDUAL STATE OF n°LDRADD ' OR FlRM NAME ROCKY MOUNTAIN NATURAL GAS OVER AND UPON THE PROPERTY OF D.k R.G.W.R.R.CO. ADDRESS 407 27th ST.. GLENWDOD SPRINGS. COLO. 87607 AT MILE POST 'se'c .I. ~ 3717 FEET INCORPORATED IN STATE OF O RADO MAIN UNE ~ ASPEN BRANCH IGHT-OF-WAY AGENT (17TLE) SEC e S RANGE EaW ~e TWP . . APPROVED DENVER k RIO GRANDE WESTERN RAILROAD CO. COUNTY OF PITKIN I A DIVISION GINE pq~ 57/90 ~ SUPERINTENDENT ° TE ASSIGNED -To- d STRUCNRAL NEER DATE CONTRACT N0. 26627 pA-[E 6 74 8 ~ J ,q .C'-YA hCS a. Iq .90 PERMIT N0. ,~ DATE ~~30 CHI DRAFTSMAN DATE '~ ~° DWG N0 f~CLi~EF ENGINEER DATE' . . ~, ~ ~.~ i I ~ § y~ ='" ~ R ~ s ` ~ ~ SIIMMAR~ CASE P AD ,~ SHEET ,. ? ~ ~~f~'c9~t''~ S ~ ~(~~ f3 tJ Z (~ DATE RECEIVED: 2 13 91 `"~-~~- ~'I PARCEL ID AND CASE NO. DATE COMPLETEDC ~ q n P19-91 ~ _~~ l STAFF MEtPISBER' ~ PROJECT NAME: Roc Project Address~_ Applicant Addressc 401 27th St.. Glenwood Snrin4s. Co REPRESENTATIVE: James L Rrohe Rocky Mtn. Natural Gas Representative Address/Phone: 401 27th St ,v- ,, ... AMOIINT PAID: 51560 NO.OF COPIES RECEIVED 1 P/LAT: TYPE OF APPLICATION: 1 STEP,. 2 STEP: P&Z MEETING DATE -~ PUBLIC.HEARING:....YES_ NO BOCC Meeting Date ~ ~ 9 l VESTED RIGHTS: YES NO PUBLIC HEARING: ES NO VESTED RIGHTS: YES NO Staff Level: 1041 Minor Hazard Review: Date REFERRALS: '~ Attorney Engineer Housing Aspen Water Envir.Hlth. Manager _~ Div.Wildlife Caucus _~ Zoning Homeowners Assn. DATE REFERRED FINAL 12OUTING d County Housing Other: -Aspen Consol S.D. School District _Mtn.Bell Rocky Mtn Nat Gas Holy Cross State Hwy Dept -Aspen Fire (Glwd) (GrJtn) Basalt Fire Snowmass Vill Carbondale Fire USFS (Carbondale) - _Div.Water Res. USFS (Aspen) -Airport Manager. BLM _CO Geo.SUrvey Sh iff City P&Z -`- > ~-E- ~~= s- ~ Other ~ er ~ .~. , i " r ~ ~~ ~ -- ~'~~ _, ~- INITI > ~ ALS: , DATE ROUTED: II J ~=INITIAL: t - _County Engineer Zoning Envir. Health FILE STATUS AND LOCATION: ---- ,; na:~ .~,~wa m mwAm w. w• ~ -~ w mya >:w~ ea.d ~p~., mn u x ., um .w.r .aw sere n~ a.. ra r . ~-m...a M¢t & re vm( mry mq ¢San bat ey yfv4 A Mm e ry be Be M~la m M ur6ReolmnaN.ea~n Fem NOTES: aencn e~ rr~ ur=_ oc=a ceeet •eacwa m,r goals of awnng: Lsn:ar n of 03n G:O'. eanrcm rna oaroee vxa s.,. _ _=~es~ e. -- - - - ....._ r_-.. ,r ,~ . ,-. ,. ~, ii~ I ,i _y co. ~ io SEC. 12 & 13, TBS; R87W OF lHE 6:IFf P.M. amc;~ ccam~r. coiaaaac Scale: = 2C' AppoBy .Sheet 2 ct 2 ~r3wn Gy: v.e: 7-4-91 'J\'i ^y.~:a.P9-A59 f5 ,,. }E . 3 s ~._ ~t l~ Each 9 F int ". Entl Prgec, q~y w vlvE_NE a0 ~t Hghwoy Survey Monument ~~ ~~ ~ = r• ^' >s'es.z1 w z pAGLt CCUNTY ~ _ ~ L -~~ , \ ~'~-\\\ ~~;~ EMMA~~.nZ ae' iez ~ Jam,, ~~,~ i ,, ,~_____"_v_ ' yilNy~ N_ '~" ~_, __ - 1z1. ~ 141 t' cYV ooa --_ I x~xo] 1s'1E ~- ~_ L 6S . \ ~ OilGl crossing \r ,~ ! ='m ~~~ yip `~~ .~6 ' > Farm road i ~ I GAS LINE CASEMENT A 50.00 foot gas Ise easement canning across the SW +/4 N Section 1J. Lbe SE 1/4, the Svi /4 NE 1/4 the 4Vl /4 of Secban T6 M YE 1/4 NE 1/4 of Sa [1 O ntl Bs NW 1/4 NW 1/4 6f 5 2 GII m 185 RE6W of th 6Yh PM and ec ss tFe u 1/2 NE 1/4 SecECn 13 Ond the 5 /2 E 1/4 end 5 1/2 SW 1/4 O! 5 M t n T9~, ft8)W of the 6U FM. pod ons vt xb ch are more porECUlOrly dasm Ced by t^e icllox nq. MYERS GAS LINE EASEMENT meat o a portior. of Trod 59 in Secfien 16. T85. ft86vI ~ofeUe 6tR P.M.^".s 25 feat rI9M vntl 25 feet kft of Me lcllvwic9 describetl centerline: beginning ai a point !tom whence AP3 of said Tmct 59 beors N844"c'4T'E 2.94 feet: theses S5B"I E'OYE Oiong a ilrz 25 feel IeH and Gamilel t0 ibe ncrth IY -9ht-of-w Y I ¢f the C & R'e ..rande Weslem RO hood 262.G9 feel to p ~ t from wneoce sad PP} Tract 53 bears NSi oE_. W 2]9.6C f L STOTTS GAS LME EASEMENT An ease t port on of Tract 59 n Secben !8. T85. Rb6V! of the 6M F.M. 2 fees right antl 25 tea[ left cY the f II g de tl 3 8eq q t P I h AF I ~- l 9, r YSJSE 4W 2>966f f th SSlT16 CYE I g h feet 1 ft tl p all 1 t M rth !Y -9ht f Y I f th D .vet bract 59 tom wnene_ smd PP ITrocB 59 Cears N561224'w 1489.44 fret. CERSE GAS LINE EdSEMENT M se 1 o p[ f d :E tract EC, crd t E] - S t 0 iT T05 RB i/ f M 6tF F.Y. Z_ feet 'qht d 25 f R- ih f 11 '' 9 d n'bed t 1' e Beg nnin9 ai a Point on tFa west Ine e! said Trxt <6 f whence AP3 of imet 59 beors N58'12'29 W '469.44 feek thence SSP I6'02°E vleng aline 25 feet ISH end parallel tc the northerly right-ot-way 6ne of the Cenver & Ric Cr de 'Nastem - Roi!mad i6Z60 feet, thence 53t'43'aH°N 2.. CC feet tc said northerly right-af-way lira; Mence cre sing smd rryhl-of-way 5}1:43'S6`W 1 CG C - f t; tF g s -d ght of way 53"4.. 58 R 25 M t P tF e S 8'16 C2 5 f t qht rd Parwfel to the scutherly qH f a) I f N R Ir a }1053] tee[ to the e t Ine o et 63 r whence AP6 t C of sad Traci 58 Cears NCC't E'1}'N 2CJ3 feet. r~cze m°corca e ~ ~ ~° sae •er eoaat a r tlnn 6vee yzrt Nru ro frrt ~xi, rM o-h b lw9w~ e~ pan x (ec~bmr hn lea h^m Tn 63e •I tlro ~M" 1st Tmv nuun_ WATERMAN GAS LME EASEMENT ROCKY MOUNTAIN NATURAL GAS CO. 1041 HAZARD REVIEW MAP OF THE 10" BASALT BY-PASS SITUATED IN SECTIONS 17, 18, 20 AND 21 TSS, RBBW AND SECTIONS i2 AND 13, T85, R87W OF THE 6TH P.M. PITKIN COUNTY, COLORADO NPN,xE a.p W .,Y~ CiIM crossing TRACT \ 62 ' 1 \~ `\ `~ ~~\ ROAL I C\CROSSING '., TRACT 59 `~ \~j ~ is \ 1~1 I z z~ v _~ soTrs TRACT 58 T 0 5 ]I'U 5F W ~``so\oo i Si. JIiCE \\ CERISE ` /S 6P W~ PIPTLIxE R o ' ~~G~ ~ ~, ~ \~F;p~(F TRALi 60 I a ~s~`y. S, M e 'rent acros O p rC f the SW t/4 / Sacl er 19 d M Y 1/2 0! Sedlons2Q I. Te RB6W f M 6M P M, 25 t 9 t rd 25 feel left of th f 1 A d sv 6ed . t ? - B g Ing at a po nt th st Tn f T t o Lam F AP6 of sad Trud 50 b NOC'181TW 2CT feet; M S 416'C2"E olcWg a{ 2 f f ght a pa Ilal tc fR th ly ght f y 1 f M C k R Grande W t R '1 aria 2383-12 teat t m h g o f 1vz32. trot d tc Ue IeH F g fret gV f Jz e6 _5° rid LM ..Ford o xb ch bears S]429'29°E 68L 2_ feet, tFer•ce along the rc elr said cu 68941 feel iFanw N64'29'46"E 62.89 feet to acid soutFarly right-of-way line; tFence o portico of sold Railroad right-of-way NE4'29'4E°E 12.18 osfeeb thence N06425TW ]9.65 feet; tFence N4T26'3 i"E 20.81 feet to the nodherly right-of-way line of soil SROilroad: tRenca leaving Id right-of-way N4T26'}1°E 26.9_ feeF thence N3. 320TE 1903! feel: The. BTCC'S1"E 5163 tee[ tc the mnferl ne ci Me Rcar rig Fork R r from whence sad AFE of Trost 5E Cean N68'2914"W 31 T2.9< feet. WATERMAN TEMPORARY CONSTRUCTION EASEMENT A temper ry t' t o [ T i 55 5 tan 2C, T3., R86W of iM1 6M PN c p f I ly a 'b fvllews: 8 g ncg t p- f n -h r[erl ne f LF R rig Fork R' r ram wneoce PP6 of Tact .°0 T85 RBvW e. Me 6tR P.M. Cears N68"C6'44°w 3189.4C feet; tbe~ce along sod en<erline 518 8}SE '44 1 f t to the northerly rgFi f y 'na of th C e• k R G d Weslem Rv Imed ih 1 rg k ~qht f way i. 589 .T CYw 9802 feet th N T32'CYE 18C.36 feet, tFeMe ETCPS'°E 4J.41 feet tc iFe Cegnnnq- BISHOP GAS LINE EASEMENT An eosem t p rf 1 i d 50 -n Se^UOn 2C T8°. RB6N ! M 6lM1 P M. 2 - fe f ryFt ntl 25 feet left of the f p g d rb d t rE C g g t pv t en t ert rl a of lne FOOnnq Ferk Raver free xFeece AFE cf Tract 38, 185, R86W of the 6M PIA. beors f:Edi6'24"W 3182.28 feel: tbanw o8T00'S!"E parallel is tRe 9ishep south, property line 285.BC feet and a#ending [c the ouMwesteny rrgh[-cf-way line cf C¢leraao Sla{e Highway 82 frcm wneoce soitl AP6 Tract 50 Eeara Ne"5_9'SY'll 3445.12 feet. App4 t -ck ledges FFat he/aFeArhasRbeen nfortned by PilWn County f th -sta f 1C41 Hazartl Areas° Y+vt might effect the praPerty, any -mprovementr, ana tRe aae ana oxapanav thereof ~L ~FI1 R _J SCALE IN EEtT P(il(IN COUNTY BOARD APPROVAL ibis tat Of the 10" 9aSOll By pas3 I hereby opPmved tole ~h_ aoy or Seof<n ne. 1sQL ab7ea m terms and Cona tons of Resvlutron Ne. O..L'iTi- Except lncmeea b n reaawt,on, the o.i9!nal vwt reeomee of flock 6syg Page ~ and Me cvadltions thereof remmn 1n fuP force anal afect. I ( ^ Cn m! ~' T~ Qlm z - ty eaard f r ca»m aaonea i~ suRVEroR•s cERnFfGATE f ev. av PlP¢1xE zero I, R:MOrd A_ MO=oq regbtered land surveyor do hereby ceNlfy that I have prepared fh~s plot cf the IC Basalt ey pass, f6a[ tnE IocaFOn of Me cuts de b6undvry roads one other features rotelr ana car ea<y anown nereon, that me a based on field surveys rood that the ploftetl rte and thesroads conform to Moae staked on Me ground. In wnnaaa thereat. I no.e eat my nano ana aeal Mia zsth day of Juna, 1991./~ ~,wl~:.:.~Ll, ~ a~846 ~' rZyu„ R chard A Na an 6 M. ~f~ Coioraac Reystrofion Na. 18469 aav¢ s fi ~'a P0. d 3R S qp C 2925 E ¢ se e e,.e x" J $ W ILNGC ACCEPTANCE FOR REGORDING ' i pl of the 1C' Basalt 8y p ~ cceptad fcr fi's5 a ct Plikn Counf}r. ' ih Yce of Me Clerk a d R d u""°-.. Cd d fF's LSU day of CY YR 19 -I: ,, T^ ~ \ ~ Plat boek ~- on Pnge ~i'{ r.. h `1 ' t / p t yi r~- 1 y~' ~aJ` r Clerk antl R corder ~_I. J ens6p°~ n" . . ROCKY MOUNTAIN NAFURAL GAS C O r R.M.N.G. JC6 ~': b6Gi OC3 10" BASALT 8Y-PASS IN SEC. 17, 18, 20 & 27, TSS, R86W AND SEC, 72 &. 73, T85, RSJW OF THE 6TH P.M. 4"=oCO' lAppr Ey Sheet 1 of Dy W.E.Q. Date. 7-4-91 Owg NO..P$-a9A ~~: ~` I ~.~`\ TRACT 9 Cp ~. ~~ <O ` ' s WATERMA4 A90 zoaa+e a w x o z ~~ 9f T °s` \~~, i ss \ \ f H 1P 3~ Gas TRACT 63 '~ . ~ cB . T' e~ Or6jk" \\ 4 Ob\ Im9. jee.,OW W \ LP~ci.~~. 9}\.~ St:ermvn LARGE PLAT(S) AVAILABLE TO VIEW AT COMMUNITY DEVELOPMENT AVAILABLE TO BUY AT CLERK & RECORDER