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HomeMy WebLinkAbout3.0 BOCC Staff Report 04.06.2009Exhibits for Public Hearing: 04106/2009 Board of County Commmssio ers � k Exhibit A Proof of Publication B Proof of Mailing C Zoning Resolution of 1978, as amended D County Subdivision Regulations of 1984, as amended E Comprehensive Plan of 2000, as amended F Application G Staff Report H PowerPoint Review Agency Form from the Garfield County Road and Bridge dated February 18, 2009, from Jake B. Mall J Memorandum from the Garfield County Revegetation dated March 10, 2009, from Steve Anthony Vicinity Map Loydown LY rd 31 . 'cI M Laydown •Yard #. Yr r1`. of View of La down Yard #1 lookin southwest, east of Parachute Creek 2 BOCC -W 04/06/09 511 PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW: SUMMARY OF REQUEST: APPLICANT/PROPERTY OWNER: LOCATION: SITE INFORMATION: ACCESS: EXISTING ZONING: ADJACENT ZONING: Special Use Permit ( "SUP ") The Applicant requests a SUP for three (3) Laydown Yards of Oil & Gas Operations Equipment in the Resource Lands zone district Encana Oil & Gas (USA) Inc. Laydown Yard #1 - NW 1/4 SW 1/4 of Section 4, T6S, R96W; Laydown Yard #2 - Lot 3, Section 31, T5S, R95W; Laydown Yard #3 - Tract 37, Sections 25 and 30, TSS, R95W, all west of the 6th PM; and generally described as 8.7 (Laydown Yard #1), 10.5 ( Laydown Yard #2) and 11.0 (Laydown Yard #23) miles north of the Town of Parachute on/off of CR 215 Laydown Yard #1 = 0.9 acres Laydown Yard #2 = 0.6 acres Laydown Yard #3 = 3.2 acres Total combined acreage = 4.7 Driveways off and at the end of County Road 215 for Laydown Yards # 1, #2 and #3 Resource Lands (Lower Valley Floor) Resource Lands (Lower Valley Floor) View of Laydown Yard #2 looking southwest, east of County Road 215 AF■j=1,,■■■■•-s View of proposed Laydown Yard #3 looking north, east of Middle Fork Creek 41, 'dr dr /0..;rrtIP rk.,AINC.:0 Adddidiladmilk 3 I. REQUEST The application is for "EnCana's three (3) North Parachute Ranch (NPR) Laydown Yards for equipment storage on the EnCana properties (a 45,000 -acre property) owned by EnCana Oil & Gas (USA) Inc." located north of Parachute on and at the end of County Road 215 for industrial support facilitation. The location of the three laydown yards are; 8.7 miles north of Parachute on County Road 215 (Yard #1), 10.5 miles north of Parachute at the end of County Road 215 (Yard #2), and 11.0 miles north of Parachute at the end of County Road 215 (Yard #3). This use requires a special use permit in the Resource Lands, Lower Valley Floor zone district. 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. II. AUTHORITY This application is being reviewed and processed under the "old code" because it was submitted December 31, 2008. Pursuant to Section 9.03.04 of the Zoning Resolution of 1978, as amended, the Board of County Commissioners has the authority to approve, approve with conditions, or deny Special Use Permit applications in a public hearing. III. REFERRAL The Application was referred to the following review agencies and departments for comments which have been incorporated in the memo where appropriate and can be identified by the Exhibit List: a. Town of Parachute: No comments received. b. Garfield County Road & Bridge Department: Has no objection to this application with the following comments. 1) Driveway access permits shall be required for all driveway accesses with conditions specific to the location of the driveways. If driveway access permits can be shown for any of the locations, new permits would not be required for approval. The paved driveway access standard would need to be completed on all driveway accesses. The paving would be the width of the permit's requirement, 20 -feet into the driveway from the edge of pavement on County Road 215 and a minimum of 4- inches in depth. 2) A stop sign would be required at the entrance of each driveway access onto County Road 215. The sign and installation standards shall be as required in the MUTCD (Manual on Uniform Traffic Control Devices). 3) All vehicles hauling equipment and materials for the building of the 4 laydown yards and for storage shall abide by Garfield County's oversize /overweight permit system. Any vehicles requiring oversize /overweight permits shall apply for them at the Garfield County Road & Bridge Department. Any vehicles requiring oversize /overweight permits shall have a letter on file with Garfield County Road & Bridge Department from EnCana Oil & Gas (USA) Inc., stating that these particular vehicles can obtain oversize /overweight permits under EnCana's road bond on file with Garfield County Road & Bridge Department. c. Grand Valley Fire Protection District: No comments received. d. Garfield County Vegetation Management: County Vegetation comments were as follows: 1) The weed management plan is acceptable. 2) The revegetation plan is acceptable. All seed tags must be saved and made available to the Vegetation Management Department for verification. 3) The applicant has provided evidence of a security bond in the amount of $ 18,800. The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards in the Garfield County Weed Management Plan. It is the responsibility of the applicant to contact the County, upon successful revegetation establishment, to request an inspection for bond release consideration. IV. REVIEW STANDARDS Special Uses are subject to the standards in Section 5.03 of the Zoning Resolution. In addition, the proposed use, due to its industrial nature, shall also be required to address the industrial performance standards in 5.03.07 and 5.03.08 of the Zoning Resolution. These review standards are presented below followed by a response by Staff, with this application being reviewed under the old code. A. Section 5.03 Review Standards 1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use; Staff Finding The act of storing equipment used in the industrial support operations of the Applicants' laydown yards does not require the provision of water or wastewater service. Personnel will not be stationed at any of the laydown yards and are not anticipated to be working exclusively at these locations. Thus, a potable water system and wastewater system are not considered necessary for this project. 2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; Staff Finding Access to the laydown yards is proposed via County Road 215. The entrance for these laydown yards from CR 215 has been addressed by Garfield County Road and Bridge (see 5 subsection b under Referrals). The NPR Laydown Yards are 8.7 miles north of Parachute on County Road 215 (Yard #1), 10.5 miles north of Parachute at the end of County Road 215 (Yard #2), and 11.0 miles north of Parachute. The proposed driveway to Yard #1 is located in a relatively straight section of CR 215, which allows good visibility of upcoming traffic along the county road. The Applicant has committed to construct a driveway approach off of CR 215 acceptable to the permit conditions required by Garfield County Road & Bridge Department. Laydown Yards #2 and #3 are accessed by existing roads used to access the North Parachute Ranch. The laydown yards will reduce traffic on CR 215 because the yards act as staging areas for oil and gas operations. Staff finds that this appears to represent a minimal amount of trips per week and per year. Staff referred the application to the County Road & Bridge Department who indicated the proposal Garfield County Road & Bridge Department has no objection with this application with the following comments. 1) The driveway access permits shall be required for all driveway accesses with conditions specific to the location of the driveways. If driveway access permits can be shown for any of the locations, new permits would not be required. The paved driveway access standard would need to be completed on all driveway accesses. The paving would be the width of the permit's requirement, 20 -feet into the driveway from the edge of pavement on CR 215 and a minimum of 4- inches in depth. 2) A stop sign would be required at the entrance of each driveway access onto CR 215. The sign and installation standards shall be as required in the MUTCD (Manual on Uniform Traffic Control Devices). 3) All vehicles hauling equipment and materials for the building of the laydown yards and for storage shall abide by Garfield County's oversize /overweight permit system. Any vehicles requiring oversize /overweight permits shall apply for them at the Garfield County Road & Bridge Department. Any vehicles requiring oversize /overweight permits shall have a letter on file with Garfield County Road & Bridge Department from EnCana Oil & Gas (USA) Inc., stating that these particular vehicles can obtain oversize /overweight permits under EnCana's road bond on file with Garfield County Road & Bridge Department. 3) Design of tl :e proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; Staff Finding The NPR Laydown Yards are located in the oil and gas industrial setting and minimal visual impact would occur to the general public or adjacent property owners from any construction and /or operations from any of these yards. The nearest residence is approximately 1.5 miles south of Laydown Yard #1, and the other adjacent property owners also are involved in operating natural gas processing and mineral extraction facilities. The NPR Laydown Yards 6 would not change any existing neighborhood character. B. Section 5.03.07 Industrial Operation Industrial Operations, including extraction, processing, fabrication, industrial support facilities, mineral waste disposal, storage, sanitary landfill, salvage yard, access routes and utility lines, shall be permitted, provided: I) The applicant for a permit for industrial operations shall prepare and submit to the Planning Director ten (1 0) copies of an impact statement on the proposed use describing its location, scope, design and construction schedule, including an explanation of its operational characteristics. One (1) copy of the impact statement shall be filed with the County Commissioners by the Planning Director. The impact statement shall address the following: a) Existing lawful use of water through depletion or pollution of surface run -off, stream flow or ground water; Staff Finding Staff finds that the Applicant is proposing that no water depletion would occur as part of this project. The Applicant has prepared and utilizes the North Parachute Ranch Stormwater Management Plan (SWMP) and the Spill Prevention, Control and Countermeasure Plan (SPCCP) for its gas facilities operations. Implementation of these plans ensures that activities associated with the NPR Laydown Yards comply with Stormwater Management and Spill Prevention Control and Countermeasures Plan as required by Garfield County, the State of Colorado and the United States Environmental Protection Agency (USEPA). Implementation of the plans mitigates the potential for the Applicant to pollute any surface water runoff, stream flows or groundwater sources. Also, a Quit Claim Deed has been provided by the Applicant delineating the water rights. b) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations; Staff Finding Staff does not foresee the Applicant generating any substantial amounts vapor or smoke from these operations. Equipment operations such as mobile loading equipment within the yards and trucks loading and unloading equipment or supplies from the yards may produce vapor or smoke similar to vehicles traveling on roads, which is a standard by- product of equipment operations. The Applicant would apply water, gravel, tackifier or other equivalent measures deemed necessary to prevent any fugitive dust emissions from vehicles traveling within the project area. Staff finds that the Applicant has completed a sound level study for the existing Middle Fork Compressor Station, which is located within the areas of Yards #2 and #3. The surveys results confirm the existing facilities (a 30,000 horsepower electric- driven compressor units running) are in compliance with the Colorado Oil and Gas Conservation Commission (COGCC) noise 7 regulations. This survey indicated that the sound levels for the Middle Fork Compressor Station were inaudible at all of the property line and residential measurement locations. The only noise that will be generated at the NPR Laydown Yards will be from trucks delivering or retrieving equipment and supplies. Noise from these activities will be far less than from the drilling and natural gas operations already occurring on the North Parachute Ranch operations area. Thus, noise impacts are not anticipated to be an issue of concern in the adjacent lands. The Applicant does not anticipate any lighting for the laydown yards. However, if lighting was to be installed at any of the NPR Laydown Yards, it would be directed inward and downward to minimize glare to the maximum extent possible. There may be minor vibration occurring from the operation of tire mounted equipment. However, these vibrations would not be noticeable at the property line. c) Impacts on wildlife and domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions; Staff Finding Staff reviewed the Integrated Vegetation and Noxious Weed Management Plan and the Wildlife Impact and Sensitive Areas Report for the NPR Laydown Yards. It was found through this review that the Applicant provided the necessary mitigation measures, such as the proper of fencing, to prevent unnecessary wildlife/human encounters from occurring at the laydown yards. It was also demonstrated that the laydown yard operations will have minimum impact regarding the winter elk migratory patterns and migratory birds and raptor nesting seasons. The "site specific" plant survey of Threaten and Endangered Species (TESS) found no TESS to be present within Laydown Yards #1 and #3. The Applicant contracted with West Water Engineering Inc. to prepare and Integrated Vegetation and Noxious Weed Management Plan and a Wildlife Impact and Sensitive Areas Report for the NPR Laydown Yards. West Water surveyed both Yards #1 and #3 but has to wait to survey Yard #2 in the spring of 2009 because of the snow cover. The Integrated Vegetation and Noxious Weed Management Plan for Yards #1 and #3 identified noxious weeds in the areas as well as Best Management Practices (BMP) to confine the noxious weeds within the surveyed area. These techniques include cleaning the soil off ofthe equipment before leaving the site and minimizing the surface impact. Herbicide treatments will be used to control noxious weeds and a recommended seed mix will be used for revegetation. The Wildlife Impact and Sensitive Areas Report for Yards #1 and #3 reemphasized the minimization of surface impact. Species that were present were indentified within the report and mitigation measures, such a fencing types and recommended seed mixes, also were listed in the report. d) Affirmatively show the impacts of truck and automobile traffic to and from such 8 uses and their impacts to areas in the County; Staff Finding As mentioned above, the main entrances for all laydown yards are from and at the end of CR 215. Staff finds that activity at the NPR Laydown Yards is expected to be sporadic. It is anticipated that the bulk of the truck traffic into and out of the laydown yards will be between the hours of 7 am and 5 pm on a five or six day work schedule. No full time employees will be housed at any of the laydown yards. The use of the laydown yards would not result in any additional vehicular impacts to the county road system. The overall volume of traffic would not increase but the direction would increase to and from the specific locations of the three laydown yards. This would decrease potential vehicle /wildlife encounters on County Road 215. e) That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use(s); Staff Finding The nearest residence is approximately 1.5 miles south from Laydown Yard #1, the closest laydown yard to residential housing. The remaining property owners that are adjacent to the properties are also involved with the operation of natural gas processing or mineral extraction facilities. No additional impacts would occur to the abutting property owners from the construction and/or operational activities of the laydown yards. f) Mitigation measures proposed for all of the foregoing impacts identified and for the standards identified in Section 5.03.08 of this Resolution Staff Finding Staff found that the Applicant does propose necessary mitigation measures for impacts generated from the proposed operations and will implement any mitigation measures recommended by the Garfield County Board of County Commissioners and the Building and Planning Department that are deemed necessary. 2) Permits may be granted for those uses with provisions that provide adequate mitigation for the following: a) A plan for site rehabilitation must be approved by the County Commissioners before a permit for conditional or special use will be issued; Staff Finding Prior to the abandonment of the NPR Laydown Yards, the Applicant would contact both the Garfield County Vegetation Director and the Garfield County Building and Planning Department Director to arrange for meetings to joint inspect the laydown yards. This meeting and inspection would take place a minimum of 30 days prior to abandonment and would be held so an agreement on an acceptable abandonment plan can be reached for finalization. 9 Staff finds that the Applicant will complete all reclamation measures in areas that are not necessary for the operation of the Iaydown yards. The majority of the disturbed areas at the laydown yards will be hard - scaped engineering by the use of gravel. The Applicant has developed the North Parachute Reclamation Plan as a guideline for reclaiming disturbed areas as a result of constructing well pads, access roads, compressor stations, operational facilities and pipelines. This Reclamation Plan was included within the application. Staff finds that this appears to represent a minimal amount of disturbance to the affected areas. Staff referred the application to the Garfield County Vegetation Management: County Vegetation comments were as follows: 1) The weed management plan is acceptable. 2) The revegetation plan is acceptable. All seed tags must be saved and made available to the Vegetation Management Department for verification. 3) The applicant has provided evidence of a security bond in the amount of $18,800. The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards in the Garfield County Weed Management Plan. It is the responsibility of the applicant to contact the County, upon successful revegetation establishment, to request an inspection for bond release consideration. b) The County Commissioners may require security before a permit for special or conditional use is issued, if required. The applicant shall furnish evidence of a bank commitment of credit, bond, certified check or other security deemed acceptable by the County Commissioners in the amount calculated by the County Commissioners to secure the execution of the site rehabilitation plan in workmanlike manner and in accordance with the specifications and construction schedule established or approved by the County Commissioners. Such commitments, bonds or check shall be payable to and field by the County Commissioners; Staff Finding The Applicant a vegetation security by way of a permit bond in the amount of $18,800, which breaks down to $4,000 an acre of disturbed area. The revegetation security was included within the application submitted. c) Impacts set forth in the impact statement and compliance with the standards contained in Section 5.03.08 of this Resolution. Staff Finding The Applicant will comply with the standards contained in Section 5.03.08 of the Garfield County Zoning Resolution of 1978: Section 5.03.08 Industrial Performance Standards All industrial operations in the County shall comply with applicable County, State, and Federal regulations regulating water, air and noise pollution and shall not be conducted in a manner 10 constituting a public nuisance or hazard. Operations shall be conducted in such a manner as to minimize heat, dust, smoke, vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the property in which such uses are located, in accord with the following standards: 1) Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. As described in detail in Section 5.03.07 (1B), the Applicant feels assured that the sound levels from the NPR Laydown Yards will be in compliance with the COGCC noise regulations. 2) Vibration generated: 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; Minor vibration may occur from the operation of tire- mounted equipment. The Applicant would provide vibration mitigation to meet all vibration mitigation requirements. Vibrations are not expected to be noticeable at the fenced property boundary of the NPR Laydown Yards. 3) 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; The Applicant would apply water, gravel, tackifier or other equivocal measures as deemed necessary to prevent any fugitive dust emissions from the use of powered equipment and vehicles traveling within the project areas. 4) Emission of heat, glare, radiation and fumes: 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; There is not expected to be any heat generated from the NPR Laydown Yards. Potential glare from the installation of lighting, which is not anticipated to this point, will be minimized with any outside lighting being directed downward and inward within the facility area. No radiation will be produced in the Iaydown yards and the only possible fumes will be from the driving of vehicles within the NPR Laydown Yards. Adjacent properties would not be affected and a public nuisance or potential hazard would not be created at any of the NPR Laydown Yards. 5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas: a) 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 11 district regarding compliance with the appropriate codes; Any storage of flammable, explosive solids or volatile gases will be in accordance with the accepted standards and laws and will comply with the national, state and local fire code regulations. Written recommendations and comments from the local fire protection district will be complied regarding the appropriate codes of enforcement. b) At the discretion of the County Commissioners, all outdoorstoragefacilities may be required to be enclosed by fence, landscaping or wall adequate to conceal such facilities from adjacent property; If deemed necessary where the visual impacts of the laydown yards are significant, the Applicant will implement the best recommendations and requirements for fencing, landscaping and walls from the Garfield County Board of County Commissioners and the Garfield County Building and Planning Department. These recommendations and requirements will be focused upon concealing or minimizing the visual impacts to adjacent property owners from construction and the daily operations at the NPR Laydown Yards, This would most be applicable to Laydown Yard #1, because of its location adjacent to CR 215 c) 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; Any waste materials generated will be disposed of at a licensed disposal facility. No materials or wastes will be disposed of on -site. d) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the following standards: a) The minimum lot size is five (5) acres and is not a platted subdivision. The NPR Laydown Yards will be located on property owned by the Applicant. The property consists of approximately 45,000 acres zoned Resource Lands and is not within a platted subdivision. b) The equipment storage area is not placed any closer than 300 ft. from any existing residential dwelling. No residential buildings are located within 300 feet of the proposed the NPR Laydown Yards. The nearest residence is approximately 1.5 miles south of Laydown Yard #1. c) All equipment storage will be enclosed in an area with screening at least eight (8) feet rn 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. The visual impact will be minimized from CR 215. If deemed necessary, the Applicant will construct screening structures at locations necessary to block the 12 visual impacts from the general public and the adjacent property owners. d) 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. No maintenance of equipment will occur at any the NPR Laydown Yards. It will affect any of the adjacent property owners. e) Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. Equipment loading and off loading will be conducted on the Applicants property and not within any public right -of -way. e) Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. None of the NPR Laydown Yards exceed an area of ten acres in size. The total area of all three laydown yards is 4.7 acres .1) Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. If lighting is utilized at any of the NPR Laydown Yards, it will be directed downward and inward to prevent any direct reflection on the adjacent properties. 6) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facilities may begin. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin. The Applicant has prepared and utilizes the North Parachute Ranch SWMP and the SPCCP. The implementation of these plans ensures that activities comply with stormwater management and spill prevention control and countermeasures as required by Garfield County, the State of Colorado, and the USEPA. Also, the implementation of these plans mitigates the potential for the Applicant to pollute surface waters and groundwater sources. V. SUGGESTED FINDINGS 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 and that all interested parties were heard at that meeting; however, not all pertinent facts, matters and issues were submitted at the meeting. 3. That for the above stated and other reasons, the proposed special use permit is in the 13 best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in conformance with the Garfield County Zoning Resolution of 1978 (Old Code), as amended. VI. 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. Staffalso 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 gradingpermit throw h the County En i� neer and the permit is approved by the County Engineer. Staff suggests the following conditions for all three lydown 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 14 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 direct 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). 15 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. 16 GARFIELD COUNTY Building & Planning Department Review Agency Form EXHIBIT 1 Date Sent: February 17, 2009 Comments Due: March 13, 2003 Name of application: Encana NPR Laydown Yards Sent to: Garfield County requests your comment in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e- mailed, or faxed to: Garfield County Building & Planning Staff Contact: Scott Hall 109 8`h Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970 -384 -3470 Phone: 970 -945 -8212 General Comments: Garfield County Road & Bridge Department has no objections to this application with the following comments. Driveway access permits shall be required for all driveway accesses with conditions_ specific to the location of the driveways. If driveway access permits can be shown for any of the locations a new permits would not be required. The paved driveway access standard would need to be completed on all driveway access. The paving would be the width of the permits requirement, 20 -feet into the driveway from the edge of pavement on Cr. 215 and a minimum of 4- inches in depth. A stop sign would be required at the entrance of each driveway access location onto Cr. 215. The sign and installation shall be as required in the MUTCD (Manual on Uniform Traffic Control Devices). All vehicles hauling equipment and materials for building of the laydown yards and for storage shall abide by Garfield County's oversize /overweight permit system. Any vehicles requiring oversize /overweight permits shall apply for them at Garfield County Road & Bridge Department. Any vehicles requiring oversize /overweight permits shall have a letter on file with Garfield County Road & Bridge Department from Encana Oil & Gas USA Inc. stating these vehicles can obtain oversize /overweight permits under Encana's road bond on file with Garfield County Road & Bridge Department. Name of review agency: Garfield County Road and Bridge Dept By: Jake 13. Mall Date February 18, 2009 Revised 3/30/00 MEMORANDUM To: Scott Hall From: Steve Anthony Re: EnCana NPR Laydown Yards Date: March 10, 2009 EXHIBIT Thanks for the opportunity to comment on this permit. My comments are as follows: Noxious Weeds Weed Management The weed management plan is acceptable. Revegetation Revegetation Plan The revegetation plan is acceptable. All seed tags must be saved and made available to the Vegetation Management Department for verification. Revegetation Security The applicant has provided evidence of a security bond in the amount of $18,800. The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards in the Garfield County Weed Management Plan. It is the responsibility of the applicant to contact the County, upon successful revegetation establishment, to request an inspection for bond release consideration. Board of County Commissioners April 6, 2009 1.15 PM 2a .014.104 aA o. . • • • . . • • • . - • , , , a