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HomeMy WebLinkAbout2.0 Resolution 2003-0211111111111 11111 1111111111111111111111 11111 111 1111111111111 619061 01/22/2003 03 0BP B1429 P254 M RLSDORF 1 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO STA Ib 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 Chambers, Garfield County Plaza Building, in Glenwood Springs on, Monday, the 6th day of January A.D. 2003, there were present: John Martin Larry McCown Walt Stowe Don DeFord Mildred Alsdorf Ed Green , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. ?no -4 - 02 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION FOR THE CONSTRUCTION AND OPERATION OF NATURAL GAS PRODUCTION WATER EVAPORATION PITS AND ASSOCIATED TANKS FOR ENCANA OIL AND GAS (USA), INC. WHEREAS, the Board of County Commissioners of Garfield County, Colorado ("Board"), has received an application from EnCana Oil & Gas (USA), Inc., for a special use permit ("SUP") to allow the construction and operation of natural gas production water evaporation pits and associated holding tanks; and WHEREAS, the subject property is located in the Hunter Mesa area, approximately 1 mile south of County Road 322 and 1 mile east of County Road 319 (W. Mamm Creek Road); and WHEREAS, the subject property is zoned A/R/RD (Agricultural/Residential/Rural Density); and WHEREAS, the Board held a public hearing on the 6th day of January, 2003, upon the question of whether the above described SUP should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions concerning the approval of said special use permit; and 111111 11111 111111 111111 1111 111111 11111 III 111111111101 619061 01/22/2003 03 08P 81429 P255 M RLSDORF 2 of 6 R 0.00 0 0.00 GRRFIELD COUNTY CO 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. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that SUP for EnCana Oil & Gas (USA), Inc. is hereby approved subject to compliance with all of the following specific conditions: 1. All representations of the Applicant, either within the application or stated at the meeting before the Board, shall be considered conditions of approval, unless specifically altered by the Board. 2. The Applicant shall comply with all applicable requirements of the Garfield County Zoning Resolution of 1978, as amended. 3. The Applicant shall comply with all State and Federal regulations and standards, such as Water and Air Quality. 4. The Applicant shall comply with the following recommendations from the Garfield County Road and Bridge Department: a. The Applicant shall continue to provide support for the continued maintenance of County Road 319 as necessary. b. The truck drivers shall abide by the posted speed limit of 35 M.P.H. on County Road 319. 2 111111 11111 111111111111 IIII 11111111111 111 11111 1111 1111 619061 01/22/2003 03 08P 61429 P256 M ALSDORF 3 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO 5. The Applicant shall comply with the following recommendations from the Colorado Division of Wildlife: a. In addition to the 8 -foot high perimeter fence, a 2 to 3 foot high mesh small game fence, immediately surrounding the pits and buried 6 to 8 inches in the ground, shall be installed. b. Escape ramps shall be installed in the pits to allow wildlife species that manage to reach the water to escape the pits. c. Pond netting over all the pits, or another method of mitigation acceptable to the Colorado Division of Wildlife, shall be installed to help prevent migratory birds from resting and/or foraging on the ponds, particularly during winter months. d. Death of any migratory birds caused by the proposed facility shall be immediately reported to the Colorado Division of Wildlife and the US Fish and Wildlife Services. e. Pits shall be monitored for oil. Shall any oil reach the pits, measures shall be taken to immediately remove the oil. f. Steps should be taken to ensure any run-off of by-products from the facility be contained on site. 6. Vibration, emission of smoke and particulate matter, and the emission of heat or radiation shall comply with applicable Federal, State, and County laws, regulations and standards. 7. The Applicant shall comply with all Local, State and Federal Fire Codes that pertain to the operation of this type of facility. An Emergency Plan shall be filed with the County and the appropriate Fire District. 8. The Applicant shall comply with the appropriate noise regulations as per Colorado State Statue 25-12-130. 9. The following commitments shall be adhere to: a. The exterior of the holding tanks shall be painted in a beige color to match the surrounding terrain. b. Signage shall be visible and shall include the company name, address and 24-hour toll-free emergency phone number. Signage shall comply with the County's sign regulations. c. Groundwater resources shall be protected at all times. The pits shall be lined with impermeable HDPE (High Density Polyethylene). If groundwater is encountered during construction, monitoring wells shall be installed and sampled regularly. In the event of any violation with respect to water pollution, the Applicant shall provide proof of compliance with applicable Federal, State, and County laws, 3 1 111111 11111 01111 111111 111 111111 11111 III Hill 1111 1111 619061 01/22/2003 03 08P B1429 P257 M RLSDORF 4 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO regulations and standards. d. Driftage shall be contained on-site. A berm, approximately 20 feet tall and 60 feet wide, at its base, shall be installed downwind (south and east) of the pits. e. Extra measures shall be taken if noise or odors are emanated beyond the site boundary. f Fire Control Measures provided by the Applicant in the application shall be adhered to. g. Four (4) 175 watt mercury vapor lights will be installed. These lights will be set to turn on automatically at dusk and turn off at sunrise. Two (2) lamps will be mounted on the east side of the tanks. Two (2) lights will be mounted on the west boundary to light the ponds for safety purposes. h. Landscaping shall be directed towards erosion control. Any areas disturbed by construction and not covered by liner or equipment shall be resurfaced with sand and gravel. 10. Prior to the issuance of the Special Use Permit, the Applicant shall submit a copy of the Reclamation Bond. The Applicant shall comply with State and Local Noxious Weed regulations. 11. The operation of the Facility shall be done in accordance with any Federal, State or Local regulations governing this operation of this type of Facility. 12. The operation of this Facility shall be in accordance with the provisions allowed within the Surface Lease Agreement signed by the Applicant (Lessee) and the land owner (Lessor). 13. The construction of the Facility shall be done in a manner to mitigate any problems which may occur due to the possible shrinking or swelling of the soils on-site. 14. The issuance of this Special Use Permits is subject to an annual review of the water chemistry of the water contained within the evaporation pits, as such time when free- standing water is within the pit. This analysis will be presented to the Planning Department on the ls` day of July for the duration of the Facility. The analysis of this water will be at the sole cost of the Applicant/Owner. If this water is determined, through this analysis, to be hazardous or toxic, based on applicable standards, then the Applicant/Operator is required to submit an additional Special use Permit application, with appropriate fees, to address and mitigate the potential hazard(s). 15. The County reserves the right to retain outside expertise, at the expense of the Applicant/Operator of the Facility, in an effort to conduct tests or analyses of the physical nature, water chemistry or groundwater properties on and away from the site. 4 1111111 Hili 111111 111111 1111 111111 11111 111 11111 1111 1111 619061 01/22/2003 03 08P 81429 P258 M PLSDORF 5 of 6 R 0.00 D 0.00 GRRFIELD COUNTY CO 16. This Facility is for the sole use of the Applicant. If any other entities are to be added as users, than these entities would be subject to an additional Special Use Permit review. 17. The Applicant/Operator shall consult with appropriate authorities as to the planting and care of suitable landscaping plants. 18. The proposed lease parcel is subdivided from the parent parcel either by the appropriate action of the Board of County Commissioners or the recording of a deed of at least 35 acres of land surround the leased area, in the name of the Applicant. 19. Licensing of all out-of-state vehicles and equipment to be used on this project within the County of Garfield, State of Colorado. Dated this day of 52.-iv.ent.,> A.D. 20 0.5 . EP,/un i itl 1Y1l�A Upon motion duly made and seconded the foregoing Res. i ution was asl+pted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN -Yye i , Aye COlVf IISSIONER WALTER STOWE ,Aye GARFIELD COUNTY BOARD OF COMMISSIt, ' S, GARFIELD RADO Chai COMMISSIONER LARRY L. MCCOWN 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. 5 1111111 11111 1111 111111 11111111 11111 11111111 619061 01/22/2003 03 08P 81429 P259 M ALSDORF 6 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO 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