HomeMy WebLinkAboutResolution 2009-4607/08/2009 02:67:52 PM Jean Rlborloo
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STATE OF COLORADO )
)ss
County of Garfield )
At a regular meeting of' the Board of County Commissioners for Garfield County,
Colorado, held hi the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood
Springs on Monday, the 1st day of June A.D. 2009, there were present:
John Martin , Commissioner Chairman
Mike Samson , Commissioner
Trhsi Houpt , Commissioner
Don DeFord , County Attorney
Jean Alberico , Clerk of the Board
Ed Green (absent) , County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO.
2009-46
A RESOLUTION CONCERNED WITH THE APPROVAL OF A LAND USE CHANGE
PERMIT FOR A PRODUCED WATER STORAGE AND TREATMENT FACILITY ON
A PARCEL OF LAND OWNED BY CIRCLE B LAND COMPANY, LLC (BILL
BARRETT CORPORATION) LOCATED 4.5 MILES SOUTH OF SILT,
EAST 01? THE INTERSECTION OF COUNTY ROADS 321 AND 326,
IN THE SWAMI'/A, N'ASW'/A, SE%SW'/+, SW'/ANE'/a, W'A.E'/a OF SECTION 35,
TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6 PM, GARFIELD COUNTY
PARCEL ND# 2179-353-00-463
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, received an
application for a Land Use Change Permit to allow for the construction and operation of a
Produced Water Storage and Treatment Facility on 10 acres of a 279.27-acreparcel owned by
Circle B Land Company, LLC (Bill Barrett Corporation) located south of Chipperfield Lane.
B. The 10 acres of a 279.27 -acre tract is located approximately .26 miles south of
Chipperfield Lane, south of Silt in the SW'/ANW'/A, N'/SW'/, SE'/ASW'/A, SW'%NE'/A, W1/2E1/4 of
Section 35, Township 6 South, Range 92 West of the 6th PM, Garfield County.
C. The subject property is contained within the Rural zone district and a Land Use
Change Permit for a 'Water Tank or Treatment Facility' requires a Limited Impact Review to be
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processed by Garfield County.
D. The Board is authorized to approve, deny or approve with conditions a Land Use
Change Permit for a 'Water Tank or Treatment Facility' pursuant to Section 1-301 and 4-105 of
the Garfield Count /y Unifted Land Use Resolution of2008, as amended.
E. The Board of County Commissioners opened a public hearing on the 4th day of May,
2009, upon the question of whether the Land Use Change Permit application for a 'Water Tank
or Treatment Facility' should be granted or denied, then continued the public hearing to the 151
day of June, 2009. •
F. Thd Board of County Commissioners opened a public hearing on the 1st day of June,
2009, during which hearing the public and interested persons were given the opportunity to
express their opinions regarding the application, then closed the public hearing to make a final
decision.
H. The Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determinations of fact:
1. Proper posting and public notice were provided as required for the public hearing
before the Board of County Commissioners,
2. The public hearing before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that hearing.
3. The above stated and other reasons, the proposed Land Use Change Permit for a
'Water Tank or Treatment Facility' has been determined to be in the best interest of
the health, safety, morals, convenience, order, prosperity and welfare of the citizens
of Garfield County.
4. The application has met the requirements for a Limited Impact Review (Article IV)
and associated applicable Standards (Article VII) of the Garfield County Uni ed
Land Use Resolution of 2008, as amended.
RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that:
1. The forgoing Recitals are incorporated by this reference as part of the resolution.
2. The Land Use Change Permit to allow for the construction and operation of a 'Water
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Tank or Treatment Facility' on 10 acres of a 279.27 -acre tract of land, located on CR 326
is hereby approved subject to compliance with the following conditions:
1. Proper posting and public notice was provided as required for the meeting before
the Board of County Commissioners.
2. The meeting before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that meeting.
3. The above stated and other reasons, the proposed special use pennit has been
determined to be in the best interest of the health, safety, morals, convenience,
order, prosperity and welfare of the citizens of Garfield County.
4. The application has met the requirements of Limited Impact Review Permit
(Sections 4-501) the Garfield County Unified Land Use Resolution of 2008, as
amended.
Staff recommends the Board approve the request for a Limited Impact Review Permit
for the Produced Water Storage Facility at Circle 13 Well Pad #4 for Bill Barrett
Corporation LLC with the following conditions:
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 Facility be done in accordance with all applicable Federal,
State, and local regulations governing the operation of this type of facility.
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 (COGCC) and
the International Fire Code as the Code pertains to the operation of this facility.
4. Vibration generated: the Produced Water, Storage 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 Produced Water Storage 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 Produced Water Storage Facility shall
be operated so that it does not emit heat, glare, radiation or fumes which substantially
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interfere with the existing use of adjoining property or which constitutes a public
nuisance or hazard.
7. All equipment and structures associated with this permit shall be painted with non -
reflective paint in neutral colors (sage green) to reduce glare and make the facility less
conspicuous.
8. Volume of sound generated shall comply with the standards set forth in the Colorado
Revised Statutes and COGCC Series 800. Volume of sound generated shall comply
with the Residential standards set forth in the Colorado Revised Statutes and COGCC
Series 800.
9. Electrical pumps and generators shall be used to reduce emissions and noise.
10. Lighting shall be pointed downward and inward to the property center and shaded to
prevent direct reflection on adjacent property.
11. A safety meeting that includes fire/wildfire response planning, updating of' maps /
contact lists, securing a hanRrdous materials permit, and a site inspection shall be
performed with the fire service provider (Burning Mountains Fire Protection District) no
less than annually.
12. Dust mitigation on the sites and access roads shall be performed to prevent fugitive dust.
13. The spill containment measures shall include electronic 'fail-safe' alert system, manifolds
between the tanks, tank enclosures, a durable synthetic membrane liner for the entire
tank basin and an earthen berm.
14. To ensure safety to wildlife and domestic animals as well as to ensure that habitat
considerations are addressed:
a. Division of Wildlife 'wildlife friendly' fencing shall serve as the guide for
fencing on the site,
b. A bear -proof dumpster or waste container shall be provided on the site,
c. When the pit associated with the installation of the salt water disposal well is
installed and contains liquid, that pit (pond) shall be lined, mesh fenced around
the pond perimeter, and netted over the top to prevent access by wildlife that
might be attracted to the liquid there. An escape mechanism shall be
incorporated in the pond's design by which an animal or human being can
escape the pond in the event they inadvertently fall into it.
d. No domestic animals, such as dogs, shall accompany employees or
subcontractors to the site.
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e, Construction be limited to the `Ideal construction periods' listed in Table 1 on
page 5 of the Wildlife Assessment and Mitigation Report those being: May 1-
15, July 16- November 30, and reduction of the sagebrush/pinyon/juniper plant
community shall be minimized. Actions to avoid a wildlife takings under the
Migratory Bird Treaty Act (MBTA) the following mitigations shall be applied:
1. If work in potential nesting habitat must occur during the nesting season
and must be cleared, that clearing shall be undertaken prior to the
nesting season so that nesting habitat (trees and shrubs for most species
in this area) is not present in the construction area.
2. If clearing was not accomplished prior to the nesting season, the area
shall be surveyed by a qualified wildlife biologist to determine if birds
are nesting. If none are present, clearing may proceed.
3. If nests are present, construction shall be delayed until after July 15th or
until the birds are no longer using the nest.
4. If clearing must be done in an area with nesting birds, a 10 meter buffer
around the nest•shall be established until the birds are no longer using
the nest.
15. Prior to the issuance of the permit, financial contribution towards road maintenance on
Chipperfield Lane, as per GarCo Road & Bridge Department, as well as traffic control
plans and proper permits from GarCo Road & Bridge for overweight/oversize vehicles
shall be in place.
16. Prior to issuance of the Permit, a reclamation security of $4000 per acre shall be
submitted for the 1 0 -acre site disturbance, as per the Garfield County Vegetation
Manager. If the use as a produced water storage / 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 Limited Impact Review 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).
Should a financial security of equal value for equal purpose be required by COGCC
permit, the County shall consider provisions for returning the financial security by
considering a written request and justification from the Applicant to the BOCC.
17. No less than 5 days before operation commences, the Applicant shall provide notification
to the Garfield County Environmental Health Department that the facility has met all
CDPHE air quality emission control, notice and permitting requirements.
18. Proper building or grading permits shall be secured from Garfield County prior to
construction.
19. Amendment to this permit may be considered under a Limited Impact Review
Amendment.
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t (, 1. ___—_,_, A.D. 20__x__.
Dated this day of -
•••
GARFIELD COUNTY BOARD OF
COMMIS 1 RS, GARFIELD
fS COUNT , COL • ' . ' O
ATTEST:
e k the Board
Upon motion duly made and seconded th
following vote:
COMMI STONER CH R JOHN F. MART
COMMISSIONER MTICE SAMS ON
MMI SIO ER TRESI HOUPT BSENT
Chat
f
C
•
ye
Aye
Aye
by the
STATE OF COLORADO )
County of Garfield ) of
, County Clerk and ex -officio hereby certify that the
T and State aforesaid,of the
of
Commissioners, in and for the uy copiedoyfrom the Records of the Proceeding
County Resolution is trulyoffice.
annexed and foregoing now in my Board of County Commissioners for said Garfield County,
have hereunto set my hand and affixed the seal of said
IN WITNESS WHEREOF, I A.D.20•
County, at Glenwood Springs, this day of
County Clerk and ex -officio Clerk of the Board of County Commissioners
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