HomeMy WebLinkAbout4.0 Resolution 2005-86Lllllll llilt ililil ]lll ililtill ltilt llt l]lt il] lIIt685069 77/OA/ZO@5 11:19R 81743 pgOB I,t nliDOnf'1 of 3 R O.OO D O.O@ GRRFIELD COUNTY C0
STATE OF COLORADO
County of Garfield
At a regular meeting ofthe Board of County Commissioners for Garfield County, Colorado,
held in the Commissioners'Meeting Roonl Garfield County PlazaBuilding, in Glenwood Springs
on Monday, the 3'd day of October,2005,A. D. there were present:
John Martin , Commissioner Chairman
Larry McCown . Commissioner
Tresi Houpt , Commissioner
Don DeFord
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Mildred Alsdorf
County Attorney
Clerk of the Board
County ManagerEd Green
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 20 05 -B 6
A RESOLUTION CONCERNED WITH TFIE APPROVAL OF A SPECIAL USE PERMIT
FOR STORAGE, PROCESSING, AND MATERIAL HANDLING OF A NATURAL
RESOURCE - SHALE EXTRACTION AND STORAGE FACILITY FOR A PORTION OF A
27,OOO ACRE PROPERTY LOCATED 15 MILES NORTHWEST OF PARACHUTE,
GARFIELD COLINTY, COLORADO.
WHEREAS, the Board of County Commissioners of Garfield County, Colorado ("Board"),
has received an application for a Special Use Permit ("SIIP"; for Storage, Processing, and Material
Handling of a Natural Resource for a Shale Extraction and Storage Facility from EnCana Oil and
Gas (uSA), for a property located 15 northwest of Parachute, Colorado within the R/L Plateau zone
district; and
WHEREAS, the Board held a public hearing on the 3'o d.y of October, 2005 A.D., upon the
question of whether the above described SllP should be granted or denied, at which hearing the
public and interested persons were given the opportunity to express their opinions conceming the
approval of said special use permit; 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. That proper public notice was provided as required for the hearing before the Board
of County Commissioners and proof thereof submitted in the record;
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2. That the hearing before the Board of County Commissioners was extensive and
complete, that sufficient 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 special use permit is in the
best interest ofthe health, safety, morals, convenience, order, prosperity and welfare
of the citizens of Garfield County.
4. That the application is in conformance with $3.10.01, $5.03.07, and $5.03.08 of the
Garfield County ZoningResolution of 1978, as ,mended;
NOW TIffiREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
Courty, Colorado, that SUP 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.
2. 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. Should the need arise, the County reserves the right to retain outside expertise, at the
expense of the applicant / operator of the facility, in order to conduct tests or anaiyses ofthe
physical nature, water chemisfy or groundwater properties on or away from the site.
4. That this facility is for the sole use of the Appiicant. If any other entities are to be added as
users, then they would be subject to an additional SIIP as well as rules and reguiations as
administered by the Department of Minerals and Geology.
5. Should the Deparhnent of Wildlife find Sage Grouse in the area affected, the Applicant shall
comply with all stipulations and conditions.
6. The Appiicant shall submit an approved Storrn Water Management Plan permit from the
State.
7. The Applicant shall submit aNoxious Weed inventory and maintenance plan.
8. The Applicant shall submit and approved Division ofMinerals and Geology permit from the
State for the proposed mining operation.
g. The Applicant shall submit an approved Air Poltutant Emission perrrit from the Stat€.
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The SIIP for the Middle Fork Pond shall be issued prior to approval of this SIIP.
The Applicant shall comply with all standards as set forth in $5.03.08 "lndustrial
Performance Standards" of the Garfield County Zornag Resolution of 1978 as amended.
Datedthis 7th dayof Novemb er A.D. 20 0 5
Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN , Aye
- AveCOMMISSIONER LARRY L. MCCOWN
COMMISSIONER TRESI HOTIPT , Aye
STATE OF COLORADO )
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County of Garfield
I,County Clerk and ex-officio Clerk of the Board of
County Commissioners, in and for the County and State aforesaid, do hereby certi$ that the
annslsd 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 WTTNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this _ day of A.D. 20_.
COTINTY BOARD OF
County Clerk and ex-officio Clerk of the Board of County Commissioners