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Home My WebLink About4.0 Resolution 2009-02Illl t[r]Jlllitllltltlll, lljft !:lll#lHllltilh\t'ld ll lll Receot ion$ : 75O986ottodtzoag a4 30 21 Pll Jean Aloerico 1 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD CoUNTY C0 STATE OF COLORADO County of Garfield At a regularmeeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners'Meeting Room, Garheld County PlazaBuilding, in Glenwooi Springs on Monday, the 8m day of December, 2008, there were present: John MArtin . , Commissioner Chairman I-ur{u M..Co*n , Commissioner fresi ftoupt -. , Commissioner Deborah Ouinn -- , Assistant Corutty Attorney l"* atU*i"o- , Clerk of the Board Ed Green (absent) .- .. , County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 2009. O L A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR THE EXPANSION OF THE HYRTIP COMPRESSOR STATION LEASED BY BARGATH, INC. AND LOCATED ON 3 ACRES OF A 480-ACRE PARCEL OWNED BY }ITRUP INVESTMENTS, LLLP, LOCATED IN TFTE SW% Sw% OF SECTION 12, T8S, R96W OF THE 6m P.M. IN GARFIELD COLINTY, PARCEL NO# 2117-1 I t-00-012 Recitals A. Garfield County is a legal and political subdivision of the State of Colorado for which the Board of County Commissioners (Board) is authorized to act. B. On the 2'd day of January, !979,the Board adopted Resolution 79-01 concerning a ZotrngResolution for the County of Garfield, State of Colorado. C. Pursuant to Section 9.03.04 of the Zoning Resolution of i978, 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 the provisions of the Zorttng Resolution. D. The Board held a public hearing on the 8th day of December, 2008, upon the question of whether thti above-described Special Use Permit should be granted or denied, at which hearing the public and interested persons were given the opportunity to express ) )ss ) .it 'JII#;,,,,'JId[,H,'HI ll Hl.Jl ::: # ril r t * r their opinions regarding the special use permit. E. The Board of County Commissioners closed the public hearing on December 8ft, 2008, and acted on the basis of substantial competent evidence produced at the aforementioned hearing. Resolution NOW, TI{EREFORE, BE IT RESOLVED by the Board of county Commissioners of Garfield County, Colorado, that the Special Use Permit is approved based on the following findings: A. The forgoing Recitals are incorporated by this reference as part of this Resolution. B. Proper public notice via publication pursuant to Section 9.03.04 of the Zoning Resolution of igZa, as amended, was provided as required by law for the hearing before the Board of County Commissioners. C. An application for a special use permit was made consistent with the requirements of Section 5.03 of the Garfield County ZonngResolution of 1978, as amended. D. The public hearing before the Board of County Commissioners was extensive and complete; all pertinent facts, matters and issues were submitted; and all interested parties were heard at that hearing. E. The proposed special use permit is in compliance with the recommendations set forth in the Comprehensive Plan for the unincorporated areas of the County. F. The proposed special use permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. G. The Special Use Permit for the Expansion of the Hyrup Compressor Station proposed by Hyrup Investnents, hc., for Bargath [nc., shall require that the following conditions be satisfied: 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 the Applicaot shall comply witl the fre protection provisions included in the rules and regulations of the Colorado Oil and Gas Conservation Commission (COCCC) and the International Fire Code as the Code pertains to the operation of this facility. 4. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. Illl ]llrrl,l lll,fl lll I ttl, I#h[il lH {tI hiIIil Flrt*hr\ Il ll I Recept ion* : 7609E6 @1 l@512@Ag 04 30:21 Pl'l Jean Alber ico3 of 4 Rec Feer$0.@0 Ooc Fee:@.@O GARFIELD C0UNTY CO 5. Vibration generated: the Compressor shall be so operated that the ground vibration inherently-and recurrently generarcd is not perceptible, without instruments, at any point of any boundary line of the ProPerty on which the use is located. 6. Emissions of smoko and particulate matter: the Compressor shall be so operated so as to **pfy with all Federal, State and County air quality laws, regulations and standards. 7. Emission of heat, glare, radiation and fumes: the Compressor shall be so operated that it does not emii heag glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. 8. Any storage area for uses not associated with nafural resources shall not exceed ten (i0) acres in size. 9. Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent proPerty' 10. Water pollution: in a case in which potential hazards exist, it shall be necessaqy to install iafeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facilities may begin. All percolation tests or ground water resource tests as may be required by local or State Health Offtcers must be met before operation of the facilities may begin' 11. Three (3) new compressor units shall be installed on the site underthis Special Use Permit. Proper building permits are to be obtained for the structures associated with ttre operation of the new compressor units prior to the issuance of a Special Use Permit. 12. Acoustic enclosures shall be put in place on all new compressor units on the site prior to the issuance of the Special Use Perrrit and the operation of the three (3) new compressor units. 13. Unless specifically requested by the neighbor nearest to the site, the straw bale structure put in place for temporary noise reduction (prior to the installation of the sound attenuation sbrouds on the compressors) shall be removed when all compressors and acoustic enclosures permitted with this action are complete. i4. A re-vegetation bond of $4000 per acre shall be submitted for the 3-acre site disturbance, as per the Garfield County Vegetation Manager. If the use as a comprEssor plant is ended, reclamation shall be initiated within 60 days and meet the requirements set fofih in the reclamation plan in place on the date the Special Use Permit issued, or the site reclamation standards in place at the time of use cessation, whichever is more stringent The reclamation standards at the date of permit issuance are cited in Section 4.06,4.07 and 4.0E of the Garfreld County Weed Management P lan (Resolution #2002-94). 15. Any additional or replacement fencing required for security shall be compatible to the rural character of the neighborhood and wildlife safety, that being non-climbable 7-foot high horse fence (made of 2 inch x 4 inch woven squares) capped with one (l) f tU U t U nl'l:J, [il{' tlll ll',rr h lll l# Ih,t:ffi, FJJIhI I I I I I Recept i on$ : 76O986 iu'n'g:: P:"'3a'6rolo.'Fl!, SlBE'iEF',ELD c.uNry co foot of barbed wire strands. Dated this A.D.2009. GARFIELD BOARD COLINTY OF Clerk of the Board t Upon motion duly made and seconded the foregoing the following vote: John Martin --. -- , AYe LC Mcco*r, , AY' -, AyeTrdSi Houpt .. STATE OF COLORADO County of Garfield I,County Clerk and ex-o{ficio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certifu that the amexed 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. set my hand and a-ffixed the seal ofIN WITNESS WHEREOF, I have hereunto said County, at Glenwood Springs, this - day of County Clerk and ex-officio Clerk ofthe Board of County Commissioners ) )ss ) COMMISSIONERS, GARFIELD COUNTY, CO A.D.2009 adopted