HomeMy WebLinkAbout3.01 Meeting MinutesAPRIL 13, 2009 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS GARFIELD COUNTY, COLORADO SPECIAL USE PERMIT FOR AN ALTERNATIVE WATER TREATMENT PLANT IN THE ARRD ZONE DISTRICT,
SOUTHWEST OF RIFLE ON COUNTY ROAD 321. APPLICANT IS ALTELA, INC. ON BEHALF OF LARAMIE ENERGY II, LLC. -DUSTY DUNBAR The applicant proposes an installation of a small demonstration water
treatment plant that utilizes patented AltelaRain system to treat/purifY produced water. It is on less than one acres of a parcel consisting of 41.926 acres with access from County Road
321. STAFF RECOMMENDATION Due to the following conditions: • the limited nature of potential impacts to surrounding properties, • the proposed is required to operated within compliance
levels for noise and to mitigate glare and other emanations, Staff recommends the Board approve the request for a Special Use Permit for the Altela, Inc. alternative water treatment
plant with the following conditions: I. That all representations of the Applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall
be considered conditions of approval unless explicitly altered by the Board. 2. That the operation of the facility be done in accordance with all applicable Federal, State, and local
regulations governing the operation of this type offacility. 3. That the Applicant shall comply with the fire protection provisions included in the rules and regulations of the Colorado
Oil and Gas Conservation Commission (CaGCC) and the International Fire Code as the Code pertains to the operation ofthis facility. 4. Vibration generated -the alternative water treatment
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. 5. Emissions of smoke and particulate matter: the alternative water treatment facility shall be so operated so as to comply with all Federal, State and County
air quality laws, regulations and standards. 6. Emission of heat, glare, radiation and fumes: the alternative water treatment facility shall be operated so that it does not emit heat,
glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. 7. Volume of sound generated shall
comply with the standards set forth in the Colorado Revised Statutes and CaGCC Series 800. 8. No storage on the site is proposed or permitted, nor is human occupation of this site. 9.
Any lighting shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. 10. Prior to the issuance of the Special Use Permit,
the Applicant will append the general Storm Water Management Plan and Spill Containment & Counter Measure Plans for this site with site-specific plans. This plan shall include adequate
design for the spill containment basin for the tanks that serve both Laramie Energy II and Altela, Inc. II. Those recommendations by the Rifle Fire Protection District for labeling tanks,
operating the facility within industry standards and limiting the operation on this site to its present level and connections shall be a condition of approval. 12. Prior to the issuance
of the Special Use Permit, the Applicant shall provide written confirmation to the Garfield County Environmental Health Manager from the Colorado Department of Public Health and Environment
(CDPHE) APCD that this system does not exceed air quality emission levels subject to reporting andlor permitting. 13. Prior to issuance of the Special Use Permit, a reclamation security
of$2500 per acre shall be submitted for the under I-acre site disturbance, as per the Garfield County Vegetation Manager. If the use as a alternative water treatment facility is ended,
reclamation shall be initiated within 60 days and meet the requirements set forth in the reclamation plan in place on the date the Special Use Permit issued, or the site reclamation
standards in place at the time of use cessation, whichever is more stringent. The reclamation
standards at the date of permit issuance are cited in Section 4.06, 4.07 and 4.08 of the Garfield County Weed Management Plan (Resolution #2002-94). 14. All securities for revegetation
as per the Garfield County Vegetation Management Director shall be required to be in place prior to the issuance of this permit. 15. Dust mitigation on the sites and access roads shall
be performed to prevent fugitive dust and a shake screen or cattle guard shall be placed on the access road to reduce mud being dragged onto Garfield County roads. 16. All equ ipment
and structures associated with this permit shall be painted with non-reflective paint in neutral colors (desert tan or beetle green) to reduce glare and make the facility less conspicuous.
17. A safety plan to protect the wellbeing of children, wildlife and errant livestock shall be developed by the Applicant and submitted to the Garfield County Planning Department prior
to the issuance of the Special Use Permit. 18. The Special Use Permit shall be limited to the specifics presented in the application, including location and processing volume. Amendment
to this permit may be considered under a Limited Impact Review Amendment. A power point presentation was given by the applicant and available in the Clerk's office by request. Commissioner
Houpt commented, not to discourage this technology and applaud you for bringing this in however, the concern regards the disruption of the character of the neighborhood. We deal daily
with rural residential areas and we do not often make decisions to protect the character of these rural areas. She said she likes the technology. Commissioner Houpt made a motion to
deny this request as it is not compatible with character of the neighborhood. Commissioner Samson -Second. Then he would echo everything that Commissioner Houpt said. Sometimes there
are good points on both sides. He would like the applicant to go away knowing there is not a permanent ' no' for this technology within our County. The sore spot was that you want to
locate this within a rural residential area and it is in the wrong spot and at the wrong time. In running for County Commissioners many people voiced their concern that they were not
happy with Laramie and had a lot of drilling in south Rifle and you have backed off on most of that drilling. To both of you of all the companies presenting here, this has been the most
professional presentation. The discussion has been pleasant and you have tried to do the best you can in a tough situation. Do not give up come back with a better location. Chairman
Martin -Did not agree saying the location is more impactive if you have trucks haul out the water for some 20 years. They are not going to go away and you are making more of a problem
for the neighbors that this would ever be. Commissioner Samson -They have the technology, it is working, and we have asked the industry, use the frac water, and use iffor the benefit
of Colorado. Congressman Salazar has moved it forward this morning to do the same exact thing. We were all smiles about the technology; it is in the wrong location. Chairman Martin -Why
should we have to relocate it; it is going to be there and the trucks are not going away and this thing with benzene is not going away. The neighbors are definitely going to see a negative
impact. Commissioner Houpt -This one is when a special use permit comes in and is not already in place. Commissioner Houpt -Remove the question from this discussion. We need to make
a decision of it is already there and it is a well site that may never be drilled. All trucks gravitate to the location. Chairman Martin -Reiterated that you are going to see greater
impact of truck traffic than you have now. The answer you are seeking is acceptance for this process. If we vote it down, the impacts will be greater and in the short and long run, it
is a disservice to the residential area. In favor: Houpt -aye Samson -aye Opposed: Martin -aye Adjournment Attest: Chairman of the Board