HomeMy WebLinkAbout20143441.tiff HEARING CERTIFICATION
RE: PROBABLE CAUSE HEARING CONCERNING RIGHT OF-WAY USE PERMITS,
RW14-00125, RW14-00152, AND RW14-00169, TO PLACE A WATER PIPELINE
WITHIN THE COUNTY ROAD 55 RIGHT-OF-WAY - COLORADO WATER PIPELINES,
LLC
A public hearing was conducted on November 3, 2014, at 9:00 a.m., with the following present:
Commissioner Douglas Rademacher, Chair- RECUSED
Commissioner Barbara Kirkmeyer, Pro-Tern
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner William F. Garcia
Also present:
Acting Clerk to the Board, Susan Brown
County Attorney, Bruce Barker
Public Works representatives, Janet Lundquist
The following business was transacted:
F] I hereby certify that pursuant to a notice dated October 16, 2014, a public hearing was
conducted on October 28, 2014, to determine whether or not there is sufficient probable cause
concerning compliance with certain provisions contained in Right-of-Way Use Permits,
RW14-00125, RW14-00152, and RW14 00169, issued to Colorado Water Pipelines, LLC, at
which time the matter was continued to November 3, 2014, to allow the applicant one additional
week to remedy the violations and continue working. On November 3, 2014, Bruce Barker,
County Attorney, made this a matter of record.
Janet Lundquist, Department of Public Works, said staff met last with the applicants last
Thursday and were informed agreements had been reached with surrounding land owners Ms.
Macintosh and Mr.Fritzler, and all three outstanding items needed for compliance have been
met. Ms. Carter confirmed staff has not yet received documentation of those agreements, but is
confident that they have been resolved.
F] Joel Farcus, Manager at Colorado Water Pipelines (CWP), and Tim McCarthy, Tamarac
Consulting, LLC, were available to answer questions. Zach Miller,Davis Graham & Stubbs, LLP,
representing the applicant, confirmed the two pending permits were issued, and he clarified that
temporary construction easements only apply to work outside the County's right-of-way. There
is no need for a temporary construction easement for the work on Mr. Sharp's property,
although they are pursuing an agreement voluntarily with him, and, in the case of Ms. Macintosh
and Mr. Fritzler the agreements reached were voluntary on CWPs part for work within the
County right-of-way. Mr. Miller reminded the Board that if this pipeline is not buried prior to cold
weather, the entire line will become un-useable. Commissioner Kirkmeyer clarified the Board
understanding that CWP would have needed a temporary easement when trespass occurred
(and none was in place); therefore, in regard to the Sharp property, if there is a trespass, then
their permit will again be out of compliance. E In response to Commissioner Conway, Mr.
2014-3441
EG0070
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PROBABLE CAUSE HEARING CERTIFICATION - COLORADO WATER PIPELINES, LLC
(RW14-00125, RW14-00152, AND RW14-00169)
PAGE 2
their permit will again be out of compliance. El In response to Commissioner Conway, Mr.
Miller confirmed an offer has been presented to Mr. Sharp because he felt he should be
compensated for the use of the County's easement on his property. ID Ms. Lundquist stated
the necessary permits to proceed have been issued, they will be applying for one last permit
and that will be reviewed when submitted.
Commissioner Garcia moved to dismiss the probable cause hearing. The motion was
seconded by Commissioner Conway, and it carried unanimously.
There being no further discussion, the hearing was completed at 9:44 a.m.
This Certification was approved on the 5th day of November, 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Douglas Rademacher, C air
Weld County Clerk to the Board
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2014-3441
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