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Home My WebLink About4.0 Resolution 2013-15.pdf1111 IIYr TIMPAI Nt Nik1iir1n#'I+i AU, 11 111 Reception #: 8372$1 02!1312013 10;04:38 AM Jean F+1bericc 1 of 7 Rec Fee;$O.00 Doc Fee: @.00 GARFIELD COUNTY Co STATE OF COLORADO )ss County of'Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Administration Building in Glenwood Springs on Monday, the 4'h day of February A.D. 2013, there were present: John Martin . Commissioner Chairman Mike Samson , Commissioner Tom Jankovsky , Commissioner Frank Hutfless , County Attorney Carey Gagnon , Assistant County Attorney Jean Alberico (absent) , Clerk of the Board Andrew Gorgey -- County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. d 1 J ' /5 A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR WATER TANK STORAGE, WA'T'ER IMPOUNDMENT AND MATERIAL HANDLING ON COGCC - APPROVED WELL PAD C -19 FOR A PRODUCED WATER INJECTION FACILITY. THIS FACILITY IS LOCATED ON 6.76 -ACRES WITHIN A 15,800 -ACRE PARCEL OWNED BY ENCANA OIL & GAS (USA) INC. THIS PARCEL IS LOCATED NORTH OF THE TOWN OF PARACHUTE IN SECTION 19, TOWNSHIP 4 SOUTH, RANGE 95 WEST OF THE 6TH P.M., GARFIELD COUNTY PARCEL NO# 1917 - 274 -00 -012 Recitals A. The Board of County Commissioners of Garfield County, Colorado, (Board) received a request for a Land Use Change Permit to allow for a Produced Water Injection Facility with uses to include a Water Impoundment, Water Tank Storage and Material Handling. The facility is further described in attached Exhibit A, Site Plan. B. The Facility is located within a 15,800 -acre parcel of land owned by Encarta Oil & Gas (USA) Inc. The ownership of this property is located in Merger Documents and a Special Warranty Deed found in the records of the Garfield County Clerk and Recorder. C. The subject property is located within unincorporated Garfield County in the Resource 1 BIIIIrk IVJO TNT l# lig 11 111 Reception#: 531281 0211312013 10:04.3B AM Jean RIberice 2 of 7 Ree Fee.$0. 0 Doc Fee:0.00 GPRFIELD GOUN'Y GO Lands (Plateau) zone district, north of the terminus of County Road 215 approximately 19 miles north oldie Town of Parachute. U. Water Impoundment, Water Tank Storage and Material Handling may be permitted in the Resource Lands (Plateau) one district with Limited Impact review. E. The Board is authorized to approve, deny or approve with conditions a Limited Impact application resulting in issuance of a Land Use Change Permit pursuant to the Unified Land Use Resolution of 200g, as amended. F. The Board of County Commissioners opened a public hearing on the 414 day of February, 2013 for consideration of whether the proposed Land Use Change Permit should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. H. The Board of County Commissioners closed the public hearing on the 41h day of February, 2013 to make a final decision. I. The Board on thc basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact; 1. That proper public notice was provided as required for the hearing before the Hoard of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted or could he submitted and that all interested parties were heard at that meeting. 3. That for the above slated and other reasons, the Land Use Change Permit for "Water Storage Tanks and Treatment ", "Water Impoundment" and "Material Handling" is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County if recommended conditions of approval arc required. 4. That, upon compliance with conditions of approval, the application is in general conformance with thc Comprehensive Plan 2030, as amended. 5. That, upon granting of waiver(s) of Section 7 -305 and 7 -30g (regarding landscaping Standards and Roads Standards) and upon compliance with conditions of approval, the application is in conformance with Garfield County Unified Land Use Resolution of 2008, as amended. 2 VIII WI Phil .11 11101 4 '141>•leV16,1, Ilk 11 111 Reception #: 831281 02113/2013 10 0G.3B nn Jean Alberico 3 of 7 Roc Fee:$O.00 Doc Fee :0.00 GARFIELD COUNTY CO RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. B. The Land Use Change Permit for Water Impoundment, Water Tank Storage, and Material llandling on COGCC- approved Well Pad C -19 is hereby approved subject to compliance with the following conditions: 1. All representations made by the Applicant in the application, and at the public hearing before the Board of County Commissioners, shall be conditions of approval, unless specifically altered by the Board of County Commissioners; 2. The operation of the facility be done in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility; 3. The facility shall comply with the fire protection provisions included in the niles and regulations of the Colorado Oil and Gas Conservation Commission ( COGCC) and the International Fire Code as the Code pertains to the operation of this facility. 4. Any transportation of heavy equipment on Rio Blanco County roads will require that the Applicant obtain a Rio Blanco County Road and Bridge Department "Transport Permit ". 5. Industrial activities shall be required to comply with the following standards: A. All products shall he stored in compliance with all national, State and Local codes and shall be a minimum of 100 feet from an adjacent property line. In addition, petroleum, and hazardous products shall be stored in an impervious spill containment area(s). B. All industrial wastes shall be disposed of in a manner consistent with Federal and State statutes and requirements of CDPFIE. C. Noise shall not exceed State noise standards pursuant to C.R.S., Article 12, Title 25, as amended, unless the use is regulated by the COGCC, D. Every use shall be operated so that the ground vibration inherently and recurrently generated is not perceptible without instruments at any point of any boundary line of the property. E. Every use shall be so operated that it does not emit heat, glare, radiation, or fumes which substantially interfere with the existing use of adjoining property or which 3 111111411:1111iTiN 4i h, trill lCH'Willi 11111 Reception #: 831281 02/13/2013 10:04:38 AM Jean Rlberico 4 of 7 Rec Fee $0.0C Doc Fes:0.00 GARFIELD CQUN7Y co constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signal, and reflective painting of storage tanks, or other legal requirements for safety or air pollution control measures shall be exempted from this provision. AIR QUALITY 6. Mitigation shall be performed on the site and access roads to prevent fugitive dust. 7. The Applicant shall provide notification to Garfield County that the facility has met all CDPI -lE air quality emission control notice and permitting requirements. WATER QUALITY 8. A site specific Spill Prevention Control and Countermeasures Plan shall be submitted to Garfield County which included secondary containment requirements and verification of sizing. 9. Prior to issuance of the Land Use Change Permit the Applicant shall address how runoff and stormwater will be mitigated. This information shall be submitted the Planning Division for referral to the reviewing engineer to determine whether the proposed measures are sufficient. 10. '1'he County Environmental Health Department shall be notified if the COGCC requires monitoring wells at this location; 11. Existing ditches, berms, culverts, and sediment traps as indicated on the site plan must be properly utilized and maintained for the life of the facility, 12. The water impoundment shall be lined, mesh fenced around the pond perimeter, and netted over the top to prevent access by wildlife. Dated this J_ 1 day of , A.D. 20 1 3 _ - -- ATTEST: erk of' the Board GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, came "' DO Chairma 4 1111K M 114,14.1 NIL 111!1 Reception #: 831281 02/13/2013 10 :04:38 AIM Jean Alberico 5 of 7 Rep Fee:S0.00 poc Fee:0.00 GARFIELD COUNTY CO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN E. MARTIN , Aye COMMISSIONER MIKE SAMSON ., Aye COMMISSIONER TOM JANKOVSKY , Aye STATE OF COLORADO ) )ss County of Garfield } 1, _, County Clerk and ex- officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the I3oard of County Conunissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex- officio Clerk of the Board of County Commissioners 5 W_11 hI . Ji Jft. Aloe - -1 0 •x- • 1 2,A. �lRC4'. 1 REVrsf@M6 doP encana. RIVER C[TY EnCana O+! & Gas (USA) Inc. 4• o7,.., 1 .111 Ark wJliktiC OENAHMICIPH.10ALI N 1111 Reception #; 831281 02/13/2013 10;04:38 A11 Jean Alberich 6 of 7 Rea Fee:$0 -00 Doc Fee:0 -00 GRRFIELD COUNTY CO its 11 7. • • • AI, 1 . I • . •.• • 1, \ • • 7:1. 1: =_ • &.A , ..„ • a" .• :1; ..tL — • " REVLSICNS encana_ Errcana Ohr Gas (USA) Pr R:vERCTr ;:=4•=• 2 Eli FM 011111.4 NI( WL leDitmEriiii I a% 11111 Reception#: 831281 D2/13/2013 10:04:28 AM Jan Alberice 7 of 7 Re o Feel$0 OD Doc Fee:D.D.D GARFIELD COATY CO