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Reception #: 638972
1 of 12 °Rec8Fee :$0fDOMDoceFee 0.001GARFIELD 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 17th day of June A.D. 2013, there were present:
John Martin
Mike Samson
Tom Jankovsky
Andrew Gorgey
Frank Hutfless
Jean Alberico
, Commissioner Chairman
, Commissioner
, Commissioner
County Manager
, County Attorney
, Clerk of the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. d02 5a
A RESOLUTION OF APPROVAL FOR LAND USE CHANGE PERMITS FOR THE
MAMM CREEK COMPRESSOR STATION AND A COMMUNICATION FACILITY,
ON A 160 ACRE PROPERTY OWNED BY MARVELLE COUEY LOCATED AT 2438
COUNTY ROAD 333 (HUNTER MESA ROAD) IN SECTIONS 30, TOWNSHIP 6
SOUTH, RANGE 92 WEST OF THE 6 P.M., GARFIELD COUNTY
PARCEL NO# 2179- 311 -00 -354
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 Compressor Station and Communication
Facility as further described in Exhibit A SITE PLAN (Sheets 1 -7).
B. The Mamm Creek Compressor Station and Communication Facility are located within
a 160 acre parcel of land owned by Marvelle Couey and within a 3.93 acre site operated by Bill
Barrett Corporation. The ownership of this property is described in a Deed found at Reception
Number 237539 in the records of the Garfield County Clerk and Recorder.
C. The subject property is located within unincorporated Garfield County in Rural zone
district, approximately 2 miles south of the Garfield County Regional Airport, Rifle, Colorado.
D. A "Compressor Station/Pipeline Pump Station" and Communication Facility may be
permitted in the Rural zone district with Limited Impact Review.
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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 2008, as amended.
F. The Board of County Commissioners opened a public hearing on the 17th day of June,
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 17th day of
June, 2013 to make a final decision.
I. The Board 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 the meeting.
3. That for the above stated and other reasons the proposed Land Use Change Permit
for a "Compressor/Pipeline Pump Station" and Communication Facility are in the
best interest of the health, safety, convenience, order, prosperity, and welfare of the
citizens of Garfield County.
4. That with the adoption of conditions, the application is in general conformance
with the 2030 Comprehensive Plan.
5. That with the adoption of conditions, the application has adequately met the
requirements of the Garfield County Unified Land Use Resolution of 2008, as the
same had been amended at the time the application was deemed by the Community
Development Department to be technically complete.
6. The following waiver requests have satisfied the review criteria in Section 4-117
and are hereby granted:
• No landscaping will be required under Section 7 -305 and Section 7 -1203
(H)(1).
7. The modification of the minimum setback of 100 feet to 60 feet along the west
property line of the subject site to locate storage of petroleum and hazardous
material is in conformance with the purpose statement of Section 7 -1101 (E).
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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 a Compressor Station related to Circle B #6
Compressor Station 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. The operation of the facility shall be in accordance with all applicable Federal, State,
and local regulations governing the operation of this type of facility.
3. Industrial activities shall be required to comply with the following operational
standards:
a. All industrial wastes shall be disposed of in a manner consistent with statutes and
requirements of CDPHE;
b. The volume of the sound generated shall be so operated that the volume of sound
inherently and recurrently generated does not exceed the standards set forth in the
Series 800 rules of the Colorado Oil and Gas Conservation Commission
(COGCC) for the Light Industrial zone;
c. The facility 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 on which the use is located;
d. The facility shall operate so as to comply with all Federal, State and County air
quality laws, regulations, and standards; and,
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 the 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.
4. Prior to the issuance of a Land Use Change Permit, the Applicant shall submit the
following information to the Community Development Department:
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a. Revised Site Plan showing a 6' x 6' concrete pad and two equipment cabinets for
the communication facility;
b. Revised Mamm Creek Tower plan set that's removed Sheet T01.02 and renumbered
the plan set;
c. "Will Serve" letter from Mesa Environmental or other similar service providers.
d. Documentation (photo) showing the address sign for the Compressor Station at
the entrance of CR 333 and on the compressor building. The address sign shall
meet County requirements for number size, stroke, and background. A County
Road address shall be obtained from Matt Provost (970- 945 - 8212); and,
e. A revised copy of the Emergency Response Plan with modifications as specified
by the Colorado River Fire Rescue.
5. Colorado River Fire Rescue shall be notified of any hazardous material spills that
meets Federal requirements for reportable quantities. Any spill that exceeds the
capabilities of employees on -site shall call 911 as soon as possible.
6. The Applicant shall comply with the following Colorado Parks & Wildlife
recommendations:
a. Construction of the communication facility shall not occur between December 1
through April 15;
b. Avoid aggressive non - native grasses and shrubs; and,
c. Reclaim with native shrubs, grasses, and forbs appropriate to the ecological site
disturbed.
7. All exterior lighting shall be the minimum amount necessary and shall be directed
inward and downward with the exception of the Federal Aviation Agency required
lights on top of the telecommunication tower.
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Dated this day of , A.D. 20 13
ATTEST:
GARFIELD COUNTY BOARD OF
COMMJSSI 1 ► 1 RS, GARFIELD
COUNTY
Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER MIKE SAMSON
COMMISSIONER TOM JANKOVSKY
STATE OF COLORADO )
)ss
County of Garfield )
, Aye
, Aye
, Aye
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 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
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Exhibit A
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Reception #: 838972
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Reception #: 838972
08106/2013 03:02:11 PM Jean Alberico
10 of 12 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
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Reception*: 938972
09106!2013 03:02:11 PM Jean Albsriao
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08/06/2013 03:02:11 PM Jean Albtrico
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