HomeMy WebLinkAbout4.0 Staff Report 7.14.03Exhibit J:
Exhibit K:
EXIIIBITS
EnCana Oil and Gas (USA).Inc. Special Use Permit
Board of County Commissioners - July 14, 2003
Proof of Certified Mailing Receipts
Proof of Publication
Garfield County Zoning Regulations of 1978, as amended
Garfield County Comprehensive Plan of 2000, as amended
Staff Report dated July 14, 2003
Application Materials
Resolution No. 2003-02
Staff Report dated January 6,2003, with associated exhibits.
Letter from Garfield County Road and Bridge Department dated J:une 24,
2003.
Letter from Doug Dennison, Oil and Gas Auditor, dated June 30, 2003
Photographs of the tanks, the evaporation pond, the high salinity pond, and
the treated water pond.
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PROJECT INFORMATION AND STAFF COMMENTS
TYPE OF REVIEW: Special Use Permit ("SUP")
SUMMARY OF REQUEST: The Applicant requests to amend the SUP granted
pursuant to Resolution No. 2003-02 to allow for the
addition of a Motor Control Center ("MCC")
building, a treated water pond bridge and associated
Suction Control Tower at the Hunter Mesa
Evaporation / Recycling Facility ("Facility").
PROPERTY OWNER: Benzel Livestock Company (John Benzel)
REPRESENTATIVES: EnCana Oil & Gas (USA), Inc'
LOCATION: 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).
SITE INFORMATION: 8 acres
ACCESS: Driveway easement off of County Road 319
EXISTING / ADJACATN ZONING: A/R/RD (Agricultural / Residential / Rural Density)
I. DESCRIPTION OF THE PROPOSAL:
A. Summary of Request: The Applicant is requesting approval to amend the Special Use
permit g*t.a on January 6,2OO3,pursuant to Resolution No. 2003-02 (see Exhibit G), to allow
for the following structures:
1. A Motor Control Center Building
2. A Treated Water Pond Bridge, and
3. An associated Suction Control Tower at the end of the bridge.
B. Project Description: The Applicant asserted that subsequent to receiving approval by the
County foittre construction and operation of the Hunter Mesa Evaporation Pit Facility, the
designwork for the Facility identified the need for three (3) additional structures within the
Facility boundary.
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The first two of the three structures is a Suction Control Tower at the end of a pedestrian access
bridge for the Treated Water Pond. The third structure is a motor control center building
("MCC").
The Applicant indicated that the Suction Control Tower ("SCT") and pedestrian access bridge
have been designed to enhance the facility operations and to make maintenance activities safer
and easier for the facility personnel. Staff understands that the SCT essentially removes water
from the bottom of the treated water pond for evaporation.
Schematics of the bridge and SCT can be seen in Section III of the application. It appears from
the schematics that the bridge will be approximately 30' in height, when measured from the
upper elevation, 6082.84, to the lower elevation, the bottom of the pond at 6052.95. The bridge
will be l2O' inlength from the edge of the pond. The SCT will be located at the end of the
bridge and will be 14' X 14' is size. The location of the bridge and SCT are located on the
revised site plan submitted with the application. The Applicant noted that the bridge and SCT
are static structures planned to be an integral part of the Facility.
The Applicant noted that the operation of the facility is dependent upon electric power and
proper control of electrically powered systems. The Applicant indicated that the 30' L X 16' W
X 12' H MCC building has been designed to enclose electrical controls and circuit beaker panels.
The MCC building will protect the control systems from weather and corrosion as well as
providing additional safety to facility personnel by providing a common sheltered location for
these systems. As seen on the revised site map, the MCC building will be located immediately
south of the tanks. Schematics of the building have been provided with the application.
The Applicant asserted that all three proposed structures have the same general characteristics as
other permanent structures at the site in terms of use and hours of the operation. The Applicant
asserted that theses structures will not generate noise or dust and will have minimal impact.
U. PROCESS
A. Applicability: Pursuant to Section 9.03.04 of the ZoningResolution, an application for a
Special Use Permit shall be approved or denied by the Board of County Commissioners after
holding a public hearing thereon in conformance with all provisions of the ZoningResolution.
The subject property is zoned A/R/RD (Agricultural / Residential /Rural Density). The Facility
falls under the definition of "Processing" which is a Special Use in the fuR/RD zone district.
"Processing" is a subcategory of "Industrial Operations Classification", therefore it is subject to
the standard outlined in Section 5.03.07 of the Garfield County ZoningResolution.
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There are no provisions in the ZoningResolution for an amendment to a Special Use Permit.
Therefore, an Applicant was required to re-submit a complete SUP application for the three (3)
new structures requested. Therefore, a copy of the previous application that was submitted for
the Facility is included with the additional information for the three new structures.
Since this request is only for three (3) structures to be incorporated within a Facility that is
almost fully completed and was approved by the Board in January with a number of conditions
(see Exhibit G), staff will forgo addressing each individual criteria outlined in Sections 5'03
iconditional and Special Usesl, 5.03.07 [Industrial Operations], and 5.03.08 [Industrial
ierformance Standards] and refer the Board back to the staff memorandum dated January 6,
z113,which addresses each criteria (see Exhibit H). As asserted by the Applicant, the three (3)
new structures will have the same general characteristics as the other permanent structures at the
site in terms of hours of operation and vehicle traffic. In addition, these three new structures
should have little if any impact on adjacent land, wildlife and emission of smoke, vibration, heat,
glare, radiation, etc.
U. REVIEW AGENCY AND OTHER COMMENTS:
The application was referred to the following agencies for comments:
1. Rifle Fire Protection District: No comment.
Z. Garfield County Road and Bridge Department: Exhibit I. The Road and Bridge
Department had no additional comments.
3. Garfield County Vegetation Management: No comment.
4. Garfield County Oil and Gas Auditor: Exhibit J. Doug Dennison did not have any
comments on the proposed three structures.
III. RECOMMENDED FINDINGS:
l. 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 [not] to be in the best interest of the health, safety, morals, convenience,
order, prosperity and welfare of the citizens of Garfield County.
EnCana Oil & Gas (USA),Inc.
Special Use Permit
BOCC: 7/14/03
Page 4
4. The application has [not] met the requirements of Special Use (Sections 5:03,
5:03:07, 5:03.08 and 9:03) the Garfield County ZoningResolution of 1978.
IV. RECOMMENDATION:
Staff recommends that the Board APPROVE the "EnCana Oil & Gas (USA), Inc. Special Use
Permit to allow for the installation of a Motor Control Center Building, a Treated Water Pond
Bridge and associated Suction Control Tower at the Hunter Mesa Evaporation / Recycling
Facility, subject to the following conditions":
1. All representations of the Applicant, either within the application or stated at the meeting
before the Board of County Commissioners, shall be considered conditions of approval,
unless specifically altered by the Board.
2. The conditions of approval outlined in Rpolution No. 2OO3-02, shall be adhered to and
complied with prior to the issuances offfiactual Special Use Permit. The Planning
Department shall be notified upon comfi{ion of the conditions outlined in Resolution
No. 2003-02 in order to determine if the aotual Special Use Permit can be issued.
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STATE OF COLORADO
County of Garfield
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At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners'Meeting Chambers, Garfielei County PlazaBuilding, in
Glenwood Springs on, Monday, the 66 day of January A.D. 2003, there were present:
John Martin , Commissioner Chairman
Larry McCown . Commissioner
Walt Stowe _, Commissioner
Don DeFord , CountY AttomeY
MildredAlsdorf , Cierk of the Board
Ed Green , CountY Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. -anH
A RESOLUTION CONCERNED WTIE THE APPROVAL OF A SPECIAL USE
PERMIT APPLICATION FOR TEE CONSTRUCTION AND OPERATION OF
NATURAL GAS PRODUCTION WATER EYAPORATION PITS AND ASSOCIATEI)
TANKS FOR ENCANA OrL AND GAS OSA), f,''{C.
WHEREAS, the Board of County Commissioners of Garfield County, Colorado
('Board"), has received an application from EnCana Oil & Gas (JSA),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 arrd 1 mile east of County Road 319 0M. Mamm Creek Road);
and
WHEREAS, the subject property is zoned AIR/RD (AgriculturalResidential/Rwal
Density); and
WHEREAS, the Board held a public hearing on the 6ft day of January ,z}A3,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
EXHIBIT
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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:
3. The above stated and other reasons, the proposed special use permit has beeri
detennined to be in the best interest of the health, safety, morals, convenience, order,
prosperity and welfare of the citizens of Garfreld 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 ZonngResolution of 1978.
NOW TEEREFORE, 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 allof the following specific conditions:
1. AII representations of the Applicant, either within the application or stated at the meeting
befori the Board, shall be considersd conditions of approval, unless specifically altered
bythe Board.
Z. The Applicant shall comply with all applicable requirements of the Garfreld County
Zoning Resolution of 1978, as amended.
3. The Applicant shall comply with atl 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 Departunent:
. a. The Applicant shall continue to provide support for the continued rnaintenance 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.
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The Applicant shall comply with the following recommendations from the Colorado
Division of Wildlife:
In addition to the 8-foot high perimeter fence, a2 to 3 foot high mesh small game
fence, immediately surrounding the pits and bruied 6 to 8 inches in the glound,
shall be installed.
Escape ramps shall be installed in the pits to allow wildlife species that rnanage to
reach the water to escape the pits,
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 dwing winter months.
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.
Pits shatl be monitored for oil. Shatl any oil reach the pits, measures shall be
taken to immediately remove the oil.
Steps should be taken to ensure any run-off of by-products from the facility be
contained on site.
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.
The Applicant shall comply with ali Local, State and Federal Fire Codes that pertain to
the operation of this type of facility. AnEmergencyPlan shall be filed with the County
and the appropriate Fire District.
The Applicant shall comply with the appropriate noise regulations as per Colorado State
Statue 25-12-130.
The following commitments shall be adhere to:
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The exterior of the hoiding tanks shall be painted in a beige color to match the
surrounding terrain.
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.
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 appiicable Federal, State, and County laws,
f.
5.
7.
9.
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regulations and standards.
d. Orlftage 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. Exfa 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. . -: '
I .. -. := . g. Fogr (4) 175 -watt mercury vapor lights will be installed. These lights will be set
to turn on automatically at dusk and turn offat sunrise. Two (2) lamps will be
mounted on the east side of the tanks. Two (2) Iights will be mounted on the west
boundary to light the ponds for safety pu{poses'
**-:***-p 1r. landscaping rhutt be lirected towards erosion control. Any areas distrxbed 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. fhe epplicant 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 govenring this operation of this type of Facitity.
12. The operation of this Faoility shall be in accordanoe with the provisions allowed within
the Sgrface Lease Agreement signed by the Applicant (Lessee) and the land owner
(I-essor).
L3. 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 Pemrits is subject to an annual review of the water
chemistry of the watei contained within the evaporation pits, as such time when free-
standing water is within the pit. This analysis will be presented to the Planning
Deparfient on the 1't day of lrty 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
ApplilcanyOp.rutor 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 th9
Applicant/bp".utor of the Facility, in an effort to conduct tests or analyses of the physical
nature, watei chemistry or groundwater properties on and away from the site.
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16.
17.
18.
19.
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 Perrnit review.
The Applicant/Operator-shall.eonsult with appropriate authorities as to the planting and
care of suitable landscaping ll@-: ' :. ''
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.
Licensing of all out-of-state vehicles and equipment to be used on this project within the
County of Garfield, State of Colorado.
Dated ar 2{4uv or .,A.D. 200i .
GARFIELD COUNTY BOARD OF
COMMISSI , GARFIELD
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COMMISSIONER ..wALrER srowE
Aye
ay"
STATE OF COLORADO
County of Garfield
County Clerk and ex-officio Clerk of the Board of
County Commissioners, in and tbr the County and State aforesaid, do hereby certity 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.
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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,-offreio Clerk of the Board of County Commissioners
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EXHIBITS
EnCana Oi! and Gas (USA).Inc. Snecial Use Per+it
Erhibit A: Proof of Certified Mailing Receipts
Exhibit B Proof of Publication
Exhibit C: Garfield County ZoningRegulations of 1978
Exhibit D: Garfield County Comprehensive Plan of 2000
ExhibitE: StaffReport dated October 7,2002
Exhibit F: Application Materials
Exhibit G: Letter from Garfield County Road and Bridge Department dated
December 4,2002.
Exhibit H: Letter from Steve Anthony, Vegetation Management, dated December 17,
2002
Exhibit I: Letter from Brett Ackerman of the Colorado Division of Wildlife received
December 22,20A2
Exhibit J: Resolution No. 96-21
EXHIBIT