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Home My WebLink About4.0 Resolution 2014-28ui11 1111111 Receptionf: 849874 c4,0iinici 11 06.28 RM Jean AU:no too 1 o/ 7 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 Administration Building in Glenwood Springs on Monday, the 19'h day of May A.D. 2014, there were present: John Martin Mike Samson Tom Jankovskv Frank Hutfless Kelly Cave Jean Alberico Andrew Gorgey , 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. ;x.0 / cj — „QS A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR A WATER IMPOUNDMENT AND THREE STORAGE FACILITIES, ON A 7,732 ACRE PROPERTY OWNED BY OXY USA WTP LP, LOCATED APPROXIMATELY 12 MILES NORTH OF DEBEQUE IN SECTION 5, TOWNSHIP 7 SOUTH, RANGE 97 WEST OF THE 6TH P.M., GARFIELD COUNTY PARCEL NO# 2169-214-00-026 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 Water Impoundment and three Storage Facilities, as further described in Exhibit A, Site Plan. B. The OXY USA WTP LP Water Impoundment and Storage Facilities are known as the Pond 10 Centralized E & P Waste Management Facility is located on approximately 9.836 acres within an overall 7,732.5 acre parcel of land owned by OXY USA WTP LP. The ownership of this property is described in a deed found at Reception Number 759939 in the records of the Garfield County Clerk and Recorder. C. The subject property is located within unincorporated Garfield County in the Resource Lands, Gentle Slopes and Lower Valley Floor zone district, approximately 12 miles north of Debeque, Colorado accessed by private roads off of County Roads 204 and 213. 1 110kir1tiiiii L.1Mil,riil9reitlid 11111 Receptionit: 849874 06/04/2014 11 06 28 RM Jean Rlberica 2 of 7 Ree Fee $0 00 Doc Fee 0 00 GARFIELD COUNTY CO D. Water Impoundment and Storage Facilities may be permitted in the Resource Lands Gentle Slopes and Lower Valley Floor zone district with a 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 Garfield County Land Use and Development Code, as amended. F. The Board of County Commissioners opened a public hearing on the 19th day of May, 2014 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. G. The Board of County Commissioners closed the public hearing on the 19'h day of May, 2014 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. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. The 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 meeting. 3. That for the above stated and other reasons the proposed Land Use Change Permit for OXY USA WTP LP Pond 10 Water Impoundment and Storage Facilities is 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, as amended. 5. That with the adoptions of conditions and granting of a waiver from the setback standards (Section 7-1001(B) and Section 7-1001(D)(3)), the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: 2 ■ecep ion9:d8498114�itRtililu;��rcii�l�Jh�Yt,Eik�WrF �IIII R/04'20ontt: 849874 06/04/2614 8 0a Jean 0l Ger lco Fee $0 3 0' 7 Rec Foe $0 00 floc Fee 0 00 GARFIELO COUNTY Co A. The forgoing Recitals are incorporated by this reference as part of the resolution. B. The Land Use Change Permit for a Water Impoundment and Storage Facilities, also known as the Pond 10 Centralized E & P Waste Management Facility is hereby approved subject to compliance with the following conditions: 1. That all representations made by the Applicant in the application shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. That the operation of the Pond 10 Water Impoundment and Storage Facilities shall be done in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility. Conditions Prior to Issuance 3. The Applicant shall provide specifications on the netting to Colorado Parks and Wildlife which verifies that waterfowl and birds are prevented from entering the Water Impoundment. These specifications shall be reviewed and accepted by Colorado Parks and Wildlife. Verification of this acceptance shall be provided to the Garfield County Planning Department prior to issuance of the Land Use Change Permit. 4. The surface area to be reseeded has been quantified as 1.63 acres. Prior to issuance of the Land Use Change Permit, a revegetation security in the amount of $4,075 shall be provided in a form recommended by the Garfield County Vegetation Manager. The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards section in the Garfield County Weed Management Plan (Resolution 2002-94, Section 4.06, 4.07 and 4.08). 5. Prior to issuance of the Land Use Change Permit, the Applicant shall provide Garfield County Vegetation Management a soil management plan that identifies any stockpiles that will sit exposed for a period of 90 days or more. This plan shall be reviewed and accepted by Garfield County Vegetation Management. 6. Prior to issuance of the Land Use Change Permit, the Applicant's contract wildlife and vegetation specialist, ERO, shall conduct a follow- up site visit consistent with their recommendations in the report dated March 20, 2014 to verify that no raptors or noxious weeds are identified on the site. 3 tui Reception4: 849874 06/0412014u �L.'K� L"t ti�r1�tiN1r�1f ; �1�1 �i iii 11OG 28 AM Jean Plber ico D 4 of 7 Rec Fee. SO 00 Doc Fee 0.00 GRRFIELD COUNTY CO Other Conditions 7. The Applicant shall provide documentation that the site remediation has been completed to the satisfaction of the COGCC. This documentation shall be provided to the Planning Department when such documents are received from the COGCC. 8. The facility shall maintain compliance with CDPHE Storm Water Management Permits, Drainage and Grading Plans, Reclamation and Erosion Control Plans for the site. 9. Implementation of the Applicant's Dust Control Plan shall be required. 10. Compliance with all COGCC fencing, lining, leak detection, monitoring well, and high level monitoring/alarms shall be required. Copies of the COGCC Form 28 approvals shall be provided to the County upon issuance by COGCC. 11. The facility shall maintain compliance with COGCC Noise Standards/Regulations. If future compliance issues are identified the Applicant shall provide noise mitigation in order to achieve compliance along with a technical evaluation by a qualified professional to confirm compliance. 12. The Applicant shall comply with all SPCC Plan provisions and shall keep the plan current and updated for any changes to the facility. 13. The facility shall maintain compliance with Section 7-306 Lighting, with all lighting to be directedinward and downward toward the interior of the site. Facilities and storage tanks shall be painted a non-glareneutral color to lessen any visual impacts. 14. The Emergency Response Plan provided with the Application submittal including contact information shall be kept updated. 15. The Applicant shall comply with their Noxious Weed Management Plan including the best management practices. 16. The Applicant shall comply with the recommendations of the ERO Resources Biological Resource Report (dated March 20, 2014) included in the Applicant's submittals and the Colorado Parks and Wildlife recommendations contained in their referral letter dated April 24, 2014. These conditions include: 4 �IIINl�111�1iY1�:M�1 CIIh,L4Ylfu,��l1IWII�J !,�{1l�}Y41� 11111 ReceptlenI: 849874 0610412014 11.06 28 Rn Jean Rtberico 5 of 7 Rec Fee $000 Doc Fee 0 00 GRRFIELD COVNfl co a. Night lighting should be reduced to reduce disruption to wildlife; b. Any garbage containers shall be in locking and bear -proof; c. Disturbed soils shall be reseeded and reclaimed as soon as possible with a seed mix prescribed in the Oxy SPCC and in accordance with the requirements of Garfield County Vegetation Management; d. All speed limits shall be posted, enforced and set at 25 mph or Tess; e. The netting on the pit shall be designed to prevent birds from entering; f. Colorado Parks and Wildlife shall be notified immediately if any birds and/or wildlife are found dead or trapped within or around the pit, netting or fencing; g. The pit shall be constructed with a 4:1 escape ramp to allow entrapped wildlife to escape; h. Fencing around the pit shall consist of a minimum of a 7 -foot chain-link fence capable of preventing elk and deer from entering the pit; concurrently it should have a small mesh type of fencing along the bottom of the fence (buried one -foot below grade level and extending a minimum of two -feet above grade) capable of preventing small animals from entering between the gaps (gaps should be no larger than 3 -inches). 17. Storage areas shall be limited to the areas identified in the site plan and limited to the use of Oxy USA WTP LP operations on the subject property. The Storage Area identified as #3 shall only be utilized to serve the Water Impoundment facility. 29 Dated this day of , A.D. 20 1f- . ATTEST: GARFIEL COMMISS OUNf Y BOARD OF GARFIELD DO k of the Board 5 1111Pr1R'IJtHIL141119,14 1r1itillig filil 11 11 1 Reception#: 849874 06/04/2014 11:0628 AM Jean Alberico 6 of 7 Reo Fee $0.00 Oac Fee•0 00 GARFIELD COUNTY CO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY STATE OF COLORADO )ss County of Garfield , Aye , Aye , Aye I, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners 6 1111 MJr.trtirNal P+ LkAidII i ' iti)&h(%$vi 11111 Recepfiona: 849874 06/04/2014 11 06.28 nM Jean Alberico 7 of 7 Rec Fee SO 00 Ooc Fee 0 00 GARFIELD COUR1IY CO EXHIBIT A SITE PLAN awrww.nm Storage Area 1 — 0.66 Acres Storage Area 2 — 0.32 AcresMandlhuutiel l; 7✓_ CODIP 1111041.11111... o.u.s snwae Storage Area 3 — 0.27 Acres (Water Impoundment Use Only) 7