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Home My WebLink AboutResolution 2007-83JIll h'i i t`ti!VJijI 1I �+�� t�f� V" 1 I#V W l+ti:IH'� 11111 Reception#: 732847 09/11/2007 04:04:47 PM Jean Alberico 1 of 4 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 Courthouse, in Glenwood Springs on, Monday, the 13th day of August A.D. 2007, there were present: John Martin Larry McCown Tresi Houpt Carolyn Dahlgren Jean Alberico Ed Green Commissioner Chairman , Commissioner , Commissioner , Deputy County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2 0 0 7- 8 3 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR PROCESSING AND MATERIAL HANDLING OF NATURAL RESOURCES FOR FRESH WATER POND LOCATED IN CLEAR CREEK CANYON NORTH OF DE BEQUE AND WITHIN A PROPERTY OWNED BY CHEVRON USA, INC, GARFIELD COUNTY PARCEL NO# 213732100008 WHEREAS, the Board of County Commissioners of Garfield County, Colorado. received a Special Use Permit (SUP) request for "Processing and Material Handling of Natural Resources" submitted by Chevron USA, Inc to construct a Fresh Water Pond located on property north of De Beque and within Clear Creek Canyon; and WHEREAS, the fresh water pond is to be located a 1.6 acre portion of the 4311.69 acre property owned by Chevron USA, Inc located at the end of County Road 211 north of De Beque, CO; and WHERERAS, the subject property is zoned Resource Lands (Gentle Slopes & Lower Valley Floor) where such use is permitted as a Special Use; and WHEREAS, the Board of County Commissioners opened a public hearing on the 13`1 day of August, 2007 upon the question of whether the above-described SUP should be granted or denied, 1 1111 Pi 141iIH 11111 Reception#: 732847 09/11/2007 04:04:47 PM Jean , arico 2 of 4 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO during which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said SUP; and WHEREAS, the Board of County Commissioners closed the public hearing on the 13th day of August, 2007 to make a final decision; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact as listed below: 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 permit 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 Special Use (Sections 5:03, 5:03:07, 5:03.08 and 9:03) the Garfield County Zoning Resolution of 1978, as amended. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that a Special Use Permit for Processing and Material Handling of Natural Resources for a property owned by Chevron USA, Inc. is hereby approved subject to compliance with all of the following specific 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. 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. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. 4. Vibration generated: the fresh water pond 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 fresh water pond shall be so operated so as 2 1111 'i'LMIU\4J 117,f L1411:Pi'LITi'.IN'1111111 Reception#: 732847 09/11/2007 04:04:47 PM Jean Plberico 3 of 4 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO to comply with all Federal, State and County air quality laws, regulations and standards. 6. Emission of heat, glare, radiation and fumes: the fresh water pond 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. 7. Any lighting of the area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. 8. 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. 9. The following recommendations and requests of the County Vegetation Management Department shall become conditions of approval: • Provide a copy of the weed survey done in the spring of 2007 to follow-up the November 2006 survey. Before leaving the site, all off road major construction equipment (graders, dozers, etc) working in areas of mapped noxious weeds should be power washed at a designated washing station to remove seeds, soil, and vegetative matter. • The applicant provide a quantification of the surface area to be disturbed and subsequently reseeded. Once this figure is established, a revegetation security will be recommended. The applicant shall provide the Vegetation Management Department with the original tags from each seed bag. The seed mix in the Plan shall match the seed mix used in the field. Do not use a seed mix containing yellow sweet clover (Melilotus officinalis) or annual yellow sweetclover (M.� indicus). The amount of seed specified to be planted in the Pian shall match the quantity of seed used in the field. • 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 security release consideration. 3 1111 L01"411:1.41glifir, *F. 11 11 1 Reception#: 732847 09/11/2007 04:04:47 PM Jean Alper -leo 4 of 4 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO • Straw and hay bales -All bales used shall be certified as weed free. 10. The applicant will provide the County with $2500 per acre security to guarantee revegetation of the site. Dated this JD day of ari-t-m za , A.D. 20 C . Al PEST: GARFIELD COUNTY BOARD OF COMII SIO RS, GARFIELD COUNTY, COLO Ck of the Board Upon motion duly made and seconded the fo following vote: COMMISSIONER CHAIR JOHN F. MARTIN lution.%was adopted by the COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI HOUPT STAIE OF COLORADO ) )ss County of Garfield ) , Ave , Ave , 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 4