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Home My WebLink About3.01 BOCC Minutes 04.06.2009• Consider a Request for a Special Use Permit for three (3) Laydown Yards to be Operated by EnCana Oil and Gas (USA) Inc., North of the Town of Parachute — All three (3) Laydown Yards will be Sited on Parcel # 2135 - 273 -00 -015, Located along County Road 215 North Parachute Ranch Area — Appplicant; EnCana Oil and Gas (USA) Inc. — Scott Hall Jason Eckman was present. Deb reviewed the noticing requirements for the public hearing and determined they were timely and accurate. She advised the Board they were entitled to proceed. Commissioner Houpt felt it was necessary to tell EnCana they should recognize that the entire piece of property should have been noticed. Chairman Martin swore in the speakers. Planner Scott Hall submitted the following exhibits: Exhibit A — Proof of Publication; Exhibit B - Mail Receipts; Exhibit C — Garfield County Zoning Regulations of 1978 as amended; Exhibit D — Garfield County Subdivision Regulations of 1984 as amended; Exhibit E — Garfield County Comprehensive Plan of 200 as Amended; Exhibit F - Application materials; Exhibit G — Staff memorandum; Exhibit H — PowerPoint; Exhibit 1— Review Agency Form from the Garfield County Road and Bridge dated February 18, 2009, from Jake B. Mall and Exhibit J — Memorandum- from -the- Garfield County Re-vegetation dated -March 10,- 2009, -from Steve Anthony. Chairman Martin entered Exhibits A — J into the record. Planner Scott Hall explained: Specifically, the applicant is proposing to construct laydown yards for storage of equipment and supplies pertinent to its drilling and completion operations. Currently, Laydown Yard #1 is used for the storage of pipe, along with transportation and construction equipment. There is no proposal to construct any building of need on this location. Currently, Laydown Yard #2 is used for a storage area and a water filling station consisting of a portable pump and a stand pipe for filling water trucks. Also, there is no proposal to construct any buildings at this site. Proposed Laydown Yard #3 will be used for the same storage and drilling operations activities with no plans to construct any buildings on this location. There are no anticipated power needs for any of the NPR Laydown Yards and the Applicant expects to meet any future power needs with diesel and/or natural gas - powered generators. STAFF RECOMMENDATION Staff recommends the Board approve the Special Use Permit for the "North Parachute Ranch Laydown Yards #1 and #2" for EnCana Oil & Gas, (USA) Inc. Staff also recommends the Board approve the Special Use Permit for the "North Parachute Ranch Laydown Yard #3" for EnCana Oil & Gas, (USA) Inc. if the applicant applies for a grading permit through the County Engineer and the permit is approved by the County Engineer. Staff suggests the following conditions for all three laydown yards: 1. 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 facilities be done in accordance with all applicable federal, state, and local regulations governing the operation of these types of facilities. 3. That these facilities are for the sole use of the Applicant /Operator. If any other entities are to be added as users, then they would be subject to an additional SUP as well as rules and regulations as administered by the COGCC. 4. The Applicant shall comply with all standards as set forth in §5.03.08 "Industrial Performance Standards" of the Garfield County Zoning Resolution of 1978 as amended and included here as follows: a. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. b. Every use 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. c. Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards. d. 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 constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision. e. Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state and local fire codes and written recommendations /comments from the appropriate local protection district regarding compliance with the appropriate codes. f. No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces. g. All equipment storage will be enclosed in an area with screening at least eight (8) feet in height and obscured from view at the same elevation or lower. Screening may include berming, landscaping, sight obscuring fencing or a combination of any of these methods. h. Any repair and maintenance activity requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of 8 a.m. to 6 p.m., Mon. -Fri. i. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right -of -way. j. Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. k. Any lighting of storage area shall be pointed downward and inward to the property center and —shaded to prevent diir ct reflection on adjacent property. 5. The Applicant shall provide its "Landscaping and Reclamation Plan" that has been approved by the County Vegetation Department prior to the issuance of a Special Use Permit. 6. The Applicant shall file its Spill Prevention Control and Countermeasure (SPCC) plan with the County and have a copy on site for spills that may occur from vehicles / machinery in the area. 7. The Applicant shall obtain driveway access permits from the Garfield County Road and Bridge Department and shall adhere to conditions specific to the driveway access permit. A stop sign will be required (if not already installed) at the entrance to CR 215. The stop sign and installation shall be as required by the MUTCD (Manual on Uniform Traffic Control devices). 8. Should dust become an issue from the staging area, a dust control agent shall be applied to the staging area. 9. No development activity shall occur at Laydown Yard #3 until all of these conditions have been met and a Special Use Permit has been issued by Garfield County Board of County Commissioners. Discussion: Commissioner Houpt said she didn't track Staff's conditions of approval with what Scott has in his report. Scott said the conditions were established after the fact; a review of the staff report was done prior to submittal, last Thursday. Commissioner Houpt asked; Scott your conditions of approval, are those the ones shown in the power point plus the ones in your report and Scott stated yes. Commissioner Houpt asked how this came forward with two laydown yards already in place. Jason stated when they bought the property from Tom Brown; they had been used so Jason started using them. This last fall they realized these didn't have permits on them. A motion was made by Commissioner Houpt and seconded by Commissioner Samson to close the Public Hearing. Commissioner Houpt — I make a motion we approve the application for a Special Use Permit for the north Parachute Ranch laydown yards l , 2, and 3 for EnCana Oil and Gas with staff recommendations as presented in the staff power point on April 6 and from the staff report dated April 6, 2009. Commissioner Samson — Second. In favor: Houpt — aye Samson — aye Martin — aye