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Home My WebLink About4.0 Resolution 2011-15.pdfMlll In 1111,1ll Piii4it'GI'i#llr#a ®l ll1 Recepf.iontt : 800036 03!14!2011 03 :20718 pM Jean Alberioo 1 of 6 Rea Fae;$0.0'Doc Fes :O,ea 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 Courthouse, in Glenwood Springs on, Tuesday, the 22nd day of February A.D. 201.1, there were present: John Martin . , Commissioner Chairman Mike Samson , Coria.missioner Tom Jankovsky , Commissioner Carey Gagnon , Assistant County Attorney Jean Alberico , Clerk to the Board Ed Green (absent) , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. P O 11 -15 A RESOLUTION CONCERNED WITH THE APPROVAL OF A LAND USE CHANGE PERMIT, LIPA 6595, FOR MATERIAL HANDLING, LOCATED OFF OF CLEAR CREEK ROAD AND NORTH OF COUNTY ROAD 211, AND •APPROXEMATLEY 20 MILES NORTHWEST OF THE TOWN OF DEBEQUE, AND WITHIN A PROPERTY OWNED BY CHEVRON USA INC, GARFIELD COUNTY PARC.EL NO# 2137 - 321-00 -008 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received an application for a Land Use Change Permit to allow for Material Handling. • B. The 3.42 -acre site, depicted in Exhibit A, is located off of Clear Creek Road, north of County Road 211, approximately 20 miles northwest of the Town of DeBeque, CO, and within property owned by Chevron USA Inc. C. The 3.42-acre site is located within the parcel described in the attached Exhibit B and incorporated herein by this reference; . D.. The subject property is contained within the Resource Land/Gentle Slope zoning 1 hillnild1 141glilli,tifil.$91 ®I 111 Reception #: 800036 03114/2011 03:20:19 PM Jean A1ber3oo 2 of 6 Rec Fee_$0.00 Doo Fee:0,00 GARFIELD COUNTY CO district and a Land Use Change Permit .for Material Handling requires approval through a Limited Impact Review Process by Garfield County. E. The Board of County Commissioners is authorized to approve, deny, or approve with conditions a Land Use Change Permit for Material .Handling pursuant to Sections 1 -301 and 4- 105 of the Garfield County Unified Land Use Resolution of 2008, as amended. F. The Board of County Commissioners opened the public hearing on the 22nd day of • February, 2011 upon the question of whether the Land Use Change Permit application, LIPA 6595, for Material Handling, should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the application. G. The Board of County Commissioners closed the public hearing on the 22nd day of February, 2011 to make a final decision. H. The 'Board of County. Cozntnissioners, on the 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 Board 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 be submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the Land Use Change Permit for Material Handling is in the best interest of the health, safety, morals, convenience," order, prosperity and welfare of the citizens of Garfield County. 4. That the application, if all conditions are met, will be in conformance with the applicable Sections of the Garfield County Unified Land Use Resolution of 2008, as amended. ,RESOLUTION' NOW TIIEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals (.re incorporated by this reference as part of the resolution. • B. The Land Use Change Permit, LIPA 6595, to allow for Material Handling is hereby approved subject to compliance with the following conditions: • 1. That 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 ®II1 WA 11,10.PAIVI 141,1.111510111410elAill 1 11111 Reeption#: 800036 63/14/2011 03 :20.18 PM Jean Alberioe 3 of 6 Reu Fee :S0.00 Doo Fee:0.00 GRRFIELD COUNTY CO 2. That the operation of the facility be done in accordance with all applicable Federal; Stale, and local regulations governing the operation of this type of facility and adherence to these regulations throughout the life of this land use. • 3. Vibration generated; the facility shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located. 4. Emissions of smoke and particulate matter: the facility, generator, pump, or related driveway and parking area shall be so operated so as to comply with all Federal, State and County air quality laws, regulations and standards, including CDPHE APCC Regulation 1 for dust. 5. Site operations shall not emit heat, glare, radiation, dust or fujnes which substantially interfere with the existing use of adjoining property or Which constitutes a public nuisance or hazard. 6.. All equipment and structures associated with-this permit shall be painted with non- reflective paint in neutral colors to reduce glare and mitigate any visual impacts. 7. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. 8. The Applicant shall adhere to and implement the Best Management Practice (BMP) for stozmwater pollution prevention identified in the Storm Water Management Plan -- Skinner • Ridge Field Permit (dated September 2005, revised June 2006, October 2006, August 2007, August 2008, April 2009, and June 2010) and Spill Prevention, Control, and Countermeasures (SPCC) Plan — Piceance Basin Field, API Bulletin D16, Fourth Edition, May 2004. 9. The Applicant shall provide a revegetation security in the amount of $13,680 to the County prior to the issuance of the Land Use Change Permit. This amount is -based on a surface area disturbance of 3.42 acres at a cost of $4,000 per acre. 10. The security shall be held by Garfield County until vegetation has been successfully re- established according to the Reclamation Standards in the Garfield County Weed Management Plan of this application. It is the responsibility of the Applicant to contact the County, upon successful revegetation establishment, to request an inspection for bond release consideration. The Reclamation Standards at the.date .of permit issuance are cited in Sections 4.06, 4.07, and 4.08 of the Garfield County Weed Management Plan (Resolution 2002 -94). 3 1111 Ein,11.1M511411 iIkle1411g1471.1i11.144 11111 Reception #: 800036 03114)2011 63:20.18 PM Jean Rlberio0 4 of 6 Reo Feec$O.OD Doo Fee:0.00 GARFIELD COUNTY CO 11. Prior to the issuance of a Land Use Change Permit, the Applicant shall provide to County Planning Department information from a qualified engineer verifying that the. Produced Water Management Facility will not be negatively impacted by being partially located within the floodplain. The engineer's analysis shall also verify that properties up and down stream of Clear Creek and Tom Creek are not negatively impacted from the proposed facility. 12. Prior to the issuance of a Land.Use Change Permit, the Applicant shall submit a letter to the County Planning Department for review from the local Water Commissioner, Dave Berry; as recommended by the Colorado Division of Water Resources, indicating that there are no impacts to the vested water rights. 13. The Applicant shall install a 4 strand fence around the perimeter of the site as identified on pages 6 and 7 in Colorado Division of Wildlife's Fencing with Wildlife in Mind publication. The fencing shall contain flagging on the wire strands to enhance visibility. The fencing specifications area as follows: Fencing wire placed on the side of the fence posts where the domestic animals are located; Smooth wire or rounded rail for the top, smooth wire on the bottom; Height of top rail or wire should be 42" or less_; At least 12" between the top two wires; and, At least 16" between the bottom wire or rail and the ground. 14.. The Applicant shall adhere to the following practices to reduce impacts to wildlife in the area including: a. The facility will be fenced to prevent cattle and discourage wildlife from entering the site; b. Construction excavations that are not back-Bled the same day will be covered overnight to prevent animals from entering the excavation while unattended; c. The site will be designed and constructed for rapid drainage to covered catch basins to prevent water from ponding or accumulating to become an attractive nuisance to wildlife; d. Good housekeeping will be practiced to ensure the facility remains clean and free of trash and other debris at all times; e. All operating equipment, with the potential to generate heat that might attract animals will be located inside closed buildings; f. All potentially hazardous liquids will be contained within closed tanks or self- contained, enclosed skid units to prevent access by animals. The location will be kept dry and any spills and releases will be cleaned up immediately upon discovery; . g. All trash containing food items that might attract animals, especially bears, will be disposed of in bear-proof trash containers; 4 1111 1& iCIPAM 1101 Reception #• 800038 0 3o 48 2R0eo Fee :Se1EORpoo JFan rGAo F COUNTY CO h. Feeding of wild animals and keeping food items in the back of pickup trucks, other open vehicles, or outside facilities is not allowed; i. No animals or pets will be housed at the proposed facility; j. Chevron employees and contractors are instructed to avoid contact with wild and domestic animals and have been trained to respond appropriately to any unintentional animal interactions. Employees and Contractors are frequently reminded about the presence of bears and actions to take to avoid contact. 15. The Applicant shall provide copies of the required air pennit(s) to the Garfield County Planning Department once issued by the Air Quality Control Division of Colorado Department of Public Health and Environment. 16. Prior to the issuance of a Land Use Change Permit, the Applicant. shall provide the County Planning Department With design and stornnwater engineering , calculations to verify the conformance to Section 7 -207 - (C) Detain and Treat Runoff: Dated this I4 day of , A.D. 20 -fl ATTEST: I Ai _J / _ . % 4.11 1 Clerk of the Board GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO 5 111 ° ii'd11��,�1 +�,1��i#.1�1'�t'It�� ,1 ill RecepiianO: 800938 03I1412 01t 03:20:18 Pat in R1beriao 6 of 6 Roo Fee;$0.00 Poo Fee:6.00 GRRFLFLO COUNTY CO Upon .motion duly made and seconded the foregoing .Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN , AYE COMMISSIONER MIKE SAMSON , AYE • COMMISSIONER TOM JANKOVSKY , AYE STATE OF COLORADO County of Garfield )ss ) • I, - , 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 Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WBEREOF, 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 6