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Home My WebLink About6.0 Resolution 2006-1061111111 11111 111111111 III1II1 111 11111 1111 111 • 711281 11/17/2006 10 20A 818G4 P397 M A D LS ORF 1 of 5 R 0.00 D 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 Courthouse, in Glenwood Springs on, Monday, the 10th day of October A.D. 2006, there were present: John Martin Larry McCown Tresi Houpt 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. 2006-106 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION FOR STAGING AREA / STORAGE OF OIL & GAS EQUIPMENT IN THE RL ZONE DISTRICT FOR A PROPERTY OWNED BY ENCANA OIL & 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 for approval of storage / staging area for gas drilling equipment on 7.21 acres of an 88 -acre property within the Resource Lands (Gentle Slopes / Lower Valley Floor) zone district. WHEREAS, the Board opened the public hearing on September 18, 2006 and continued the hearing to October 9, 2006, 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 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 1 111111111111111111111111111111111I 1111111111111111 711281 11/17/2006 10:20A 818 398 M RLSDORF 2 of 5 R 0.00 0 0.00 GARFIELD COUNTY CO 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, as amended. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that Special Use Permit for Dalbo, Inc. 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. That this facility is for the sole use of the Applicant/Operator. If any other entities are to be added as users, then they would be subject to an additional SUP as well as rules and regulations as administered by the COGCC. 4. The Applicant shall comply with all standards as set forth in §5.03.08 "Industrial Performance Standards" of the Garfield County Zoning Resolution of 1978 as amended and included here as follows: a. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. b. Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located. c. Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards. d. Every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this 2 111111111111.1111111 11111 1111 11111 111 111 11111 1111 1111 • 711281 11/17/2006 10:20A B1864 P399 M ALSDORF 3 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO provision. e. Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state and local fire codes and written recommendations/comments from the appropriate local protection district regarding compliance with the appropriate codes. f. No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces. g. All equipment storage will be enclosed in an area with screening at least eight (8) feet in height and obscured from view at the same elevation or lower by use of a sight obscuring fence as proposed in the application. h. Any repair and maintenance activity requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of 8 a.m. to 6 p.m., Mon. -Fri. i. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. j. Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. k. Any Iighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. 5. The Applicant shall provide a "Landscaping and Reclamation Plan" that has been approved by the County Vegetation Department prior to the issuance of a Special Use Permit. 6. The Applicant shall meet with a representative of the Division of Wildlife on the property in order to prepare a wildlife mitigation plan for the property such that it addresses any impacts on wildlife through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions. This plan shall be submitted to the County for approval prior to issuance of the Special Use Permit. 7. The Applicant shall file a Spill Prevention Control and Countermeasure (SPCC) plan with the County and have a copy on site for spills that may occur from vehicles / machinery in the area. 8. The Applicant shall obtain a driveway access permit from the County Road and Bridge Department and shall adhere to conditions specific to the driveway access permit. A stop 3 1111111111111111111111111111111111#11111111111111111 • 711281 11/17/2006 10:20A B186 P400 M ALSDORF 4 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO sign will be required (if not already installed) at the entrance to CR 215. The stop sign and installation shall be as required by the MUTCD (Manual on Uniform Traffic Control devices). • 9. Should dust become an issue from the staging area, a dust control agent shall be applied to the staging area by the Applicant at the request of the County. 10. No development activity shall occur at this property until all of these conditions have been met and a Special Use Permit has been issued by Garfield County Board of County Commissioners. l 1. That the conditions, terms, and recommendations provided for in Exhibit "r to the Application specifically contained in the following documents be required as conditions of approval: a. Applicant provide a reclamation / revegetation security to the County in a form acceptable to the County Attorney's Office in the amount of $28,800.00; b. The Applicant shall follow the recommendations provided for in the Integrated Vegetation & Noxious Weed Management Plan; c. The Applicant shall follow the recommendations provided for in the Wildlife Assessment & Mitigation Plan; and d. The Applicant shall follow the recommendations provided for in the Integrated Vegetation & Noxious Weed Management Plan; 12. That the Applicant provide a drainage analysis stamped by an engineer licensed to practice the state of Colorado which analysis shall be reviewed and approved by the County prior to the issuance of the Special Use Permit. Dated this° b h day of November A11'EST: , A.D. 20 06 GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO ;I i:k; Chairma 4 1111111 Hill 1111111 1111111111111 I1II I VIII 11111111 711281 11/17/2006 10 20A B1864 P401 M ALSDORF 5 of 5 R 0.00 D 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 , Aye COMMISSIONER LARRY L. MCCOWN , Aye COMMISSIONER TRESI HOUPT , Aye 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. 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 5