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Home My WebLink About4.0 Resolution 2009-661111riLI'U4iFAMPACVi11IrI itiI14'1{IeiIH'+l11III ReceptionW: 775133 09/15/2009 03.48:25 PM Jean Plberico 1 of 3 Rec Fee $0.00 Doc Fee:0.00 GARFIELD 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 Plaza Building, in Glenwood Springs on Monday, the 17th day of August 2009, there were present John Martin Commissioner Chairman Mike Samson Commissioner Tresi Houpt (absent) , Commissioner Deborah Ouinn , Assistant County Attomey 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- 66 A RESOLUTION CONCERNING AN APPLICATION FOR A TAKINGS DETERMINATION PURSUANT TO ARTICLE 12 SECTION 12-107 OF THE UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED, BY WILLIAMS PRODUCTION RMT COMPANY IN CONNECTION WITH A NOTICE OF ANTICIPATED ENFORCEMENT REGARDING TWO GAS WELL PADS, GV 82-5 AND PA 41-9, LOCATED WITHIN THE BATTLEMENT MESA PUD. PARCEL NO. 2407-081-00-152 Recitals A. Garfield County is a legal and political subdivision of the State of Colorado for which the Board of County Commissioners (Board) is authorized to act. B. On the 17th day of August, 2009, the Board opened a public meeting for a hearing on the question of the application of Williams Production RMT Company ("Williams") for a Takings Determination pursuant to Article 12 Section 12-107 of the Unified Land Use Resolution of 2008, as amended ("ULUR"), in connection with a Notice of Anticipated Enforcement dated August 7, 2009 regarding two gas well pads, GV 82-5 and PA 41-9, operated by Williams, located within the Battlement Mesa PUD and which have not obtained special use permits required by the Battlement Mesa PUD zoning, at which meeting the applicant, the public, and interested persons were given the opportunity to testify concerning the determination. C. The Board closed the public meeting on August 17, 2009, and acted on the 3 1111 tivl 111WiN111,114W1 Ifik l,e1•th'Vv!i1t dI Ilk 11111 Receptionp: 775133 09115(2009 03:48:25 PM Jean Olberico 2 al 3 Rec Fee:S0.00 Doc Fee :0.00 GRRFIELD COUNTY Co basis of substantial competent evidence produced at the aforementioned hearing and voted to postpone any determination concerning a takings pending consideration of an application for a special use permit by Williams for the two well pads and the activities relating thereto. D. The Board determined the applicability of the Battlement Mesa Planned Unit Development District Regulations to the two well pads as set forth in Resolution No. 82- 121 (Exhibit E) from the hearing (all references in this resolution to exhibits are to the exhibits introduced at the hearing on August 17, 2009). E. In accordance with this PUD zoning, a special use permit (currently processed as a major impact review under the 2008 Unified Land Use Resolution) for extraction and processing of natural resources is required within all subzones in the PUD. The County has not received application for nor issued special use permits for either of these well pads. F. A Notice of Anticipated Enforcement was provided to Williams (Exhibit D) and Williams submitted its application for this Takings Determination (Exhibit B) G. Williams agrees with staff's recommendation that Williams' existing and proposed activity on these two well pads be allowed to continue so long as Williams submits in a timely fashion its applications for special use permits for all existing and currently planned activities on both well pads. 1-1. The Battlement Mesa Oil and Gas Committee, through its representative Bill Nelson, had no objection to the ongoing activity (Exhibit K). 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 this Resolution. 2. Williams has an administrative remedy available, which is to apply for land use permits for its existing and contemplated activities within the Battlement Mesa PUD. 3. Within sixty (60) days from August 17, 2009, Williams shall submit a complete application for a special use permit consistent with the requirements of the Battlement Mesa PUD for each of the well pads. 4. Pursuant to ULUR Section 12-107 A5, the Board hereby sets the public hearing with respect to the major impact review process before the Board for 1:15 p.m. on Dccember 14, 2009. 5. The date for the Planning Commission hearing shall be established by the 2 I111m 'It4iW7LMU 14tH IYDtI,,.ki+tillilr'llahil#0,)111111111 Receptiond: 775133 09/15/2009 03:40 25 PM Jean Rlberico 3 of 3 Fac Fee:$0. 00 Doc Fee:0.00 GARFIELD COUNTY CO Planning Commission, but at such time as to allow for its review and recommendation to the Board for the Board's consideration at the December 14, 2009 hearing. 6. Staff shall establish the hearing date with the Planning Commission at the earliest opportunity and advise the applicant of the date. 7. Williams shall be responsible for costs of notice for both public hearings. 8. So long as the Williams meets the timelines for submission of complete applications and consideration of such applications by the Planning Commission and this Board as set forth in this resolution, Williams' existing and currently planned operations may continue on both well pads, including, but not limited to the additional activities for the drilling of sixteen (16) additional wells contemplated for well pad GV 82-5 and no Notices of Violation will issue concerning such operations. Dated this I i +4't day of 2009. ATTEST: GARFIELD COUNTY BOARD OF COI ISS C RS, GARF LD COU TY, COL Date Upon motion duly made and seconded the following vote: John Martin Mike Samson Tresi Houpt he , Aye (Absent) STATE OF COLORADO )ss County of Garfield 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. 2009 County Clerk and ex -officio Clerk of the Board of County Commissioners