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Home My WebLink AboutResolution 2013-14.pdf1111r1 '1PhIMI►�' I }fil,flliihi I h I+I�I i 4it�f IN �I III Reoeptlon#: 831280 02/13/2019 10:04:38 AM Jean Albertco 1 of 0 Rem Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) Divide Road Water Facility 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 4th day of February A.D. 2013, there were present: John Martin Mike Samson Tom Jankovsky Frank Hutfless Carey Gagnon Jean Alberico (absent) Andrew Gorg_ey Commissioner Chairman , Commissioner , Commissioner , County Attorney , Assistant County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. io13- l`i A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR WATER TANK STORAGE AND MATERIAL HANDLING RELATED TO A PRODUCED WATER FACILITY ON 24.4 ACRES WITHIN A 15,800 -ACRE PARCEL OWNED BY ENCANA OIL & GAS (USA) INC THIS PARCEL IS LOCATED NORTH OF THE TOWN OF PARACHUTE IN SECTION 26, TOWNSHIP 4 SOUTH, RANGE 96 WEST OF THE 6T11 P.M., GARFIELD COUNTY PARCEL NO# 1917-274-00-012 Recitals A. The Board of County Commissioners of Garfield County, Colorado, (Board) received a request for a Land Use Change Permit to allow a facility for Water Tank Storage and Material Handling of produced water. This facility is further described in attached Exhibit A, Site Plan. B. The Facility is located within a 15,800 -acre parcel of land owned by Encana Oil & Gas (USA) Inc. The ownership of this property is located in Merger Documents and a Special Warranty Deed found in the records of the Garfield County Clerk and Recorder. C. The subject property is located within unincorporated Garfield County in the Resource Lands (Plateau) zone district, north of the terminus of County Road 215 approximately 16 miles from of the Town of Parachute. 1 1111 tr. 14:11411*lw1t114101110 141:14 11011. N14L 11111 Receptsanp: 031280 022o138 Rac 10:04:30 0 AM Jean COUNTY CO Lands (Plateau) zone district, north of the terminus of County Road 215 approximately 19 miles north of the Town of Parachute. D, Water Impoundment, Water Tank Storage and Material Handling may be permitted in the Resource Lands (Plateau) zone district with Limited Impact review. 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 4th day of February, 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 4th day of February, 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 that meeting. 3. That for the above stated and other reasons, the Land Use Change Permit for "Water Storage Tanks and Treatment", "Water Impoundment" and "Material Handling" is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County if recommended conditions of approval are required. 4. That, upon compliance with conditions of approval, the application is in general conformance with the Comprehensive Plan 2030, as amended. 5. That, upon granting of waiver(s) of Section 7-305 and 7-308 (regarding Landscaping Standards and Roads Standards) and upon compliance with conditions of approval, the application is in conformance with Garfield County Unified Land Use Resolution of 2008, as amended. 2 1111 '.II:Alvi IF41.Vtt1111 Receptionil: 831280 02/13/2013 10,04:38 AM Jean Albertoo 9 of 9 Ron Fee:$0.00 Doo Fee:O.00 GARFIELD COUNTY CO 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. 13. The Land Use Change Permit for Water Impoundment, Water Tank Storage, and Material Handling on COGCC-approved Well Pad C-19 is hereby approved subject to compliance with the following conditions: 1. 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 be done in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility; 3. The facility shall comply with the tire 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. Any transportation of heavy equipment on Rio Blanco County roads will require that the Applicant obtain a Rio Blanco County Road and Bridge Department "Transport Permit". 5. Industrial activities shall be required to comply with the following standards: A. Atl products shall be stored in compliance with all national, State and local codes and shall be a minimum of 100 feet from an adjacent property line. In addition, petroleum, and hazardous products shall be stored in an impervious spill containment area(s). B. All industrial wastes shall be disposed of in a manner consistent with Federal and State statutes and requirements of CDPIIE. C. Noise shall not exceed State noise standards pursuant to C.R.S., Article 12, Title 25, as amended, unless the use is regulated by the COGCC. D. Every use 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. E. Every use shall be so operated that it does not emit heat, glare, radiation, or fumes which substantially interfere with the existing Inc of adjoining property or which 3 1111 WsMililith IhNiliMiPile'lPilril,Ilk 11111 Receptionl: 831280 02/13/2013 ID:04:38 AM Jean AIberlOo 4 of 8 Roc Fee:$0.00 Doe Fee:0.00 GARFIELD COUNTY CO constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signal, and reflective painting of storage tanks, or other legal requirements for safety or air pollution control measures shall be exempted from this provision. MR QUALITY 6. Mitigation shall be performed on the site and access roads to prevent fugitive dust. 7. The Applicant shall provide notification to Garfield County that the facility has met all CDPHE air quality emission control notice and permitting requirements. WATER QUALITY 8. A site specific Spill Prevention Control and Countermeasures Plan shall be submitted to Garfield County which included secondary containment requirements and verification of sizing. 9. Prior to issuance of the Land Use Change Permit the Applicant shall address how runoff and stormwater will be mitigated. This information shall be submitted the Planning Division for referral to the reviewing engineer to determine whether the proposed measures are sufficient. 10. The County Environmental Health Department shall be notified if the COGCC requires monitoring wells at this location; 11. Existing ditches, berms, culverts, and sediment traps as indicated on the site plan must be properly utilized and maintained for the life of the facility. 12. The water impoundment shall be lined, mesh fenced around the pond perimeter, and netted over the top to prevent access by wildlife. Y{.. Dated this I I — day of ATTEST: 4 A.D. 20 t s GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUN'T'Y "OLfa'. DO erk of the Board Chai 4 1111 IrkP )IYI tM1tl III Receptlon8: 831280 02/1312013 10:04:38 RM Jean Alberieo Sof 8 Roo Fee:$0.00 Doo Fee:0,00 GARFIELD COUNTY CO 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.U. 20 . County Clerk and ex -officio Clerk of the Board of County Commissioners 5 4E 8 IP u 0 tie pre M .14a llel i ae cu ua 72.a— gm • ua3 n u"" 13.10 1315 Na )11N1ht 1353 woa 301A10