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Home My WebLink About6.0 Resolution 2013-36■III Kill 'iiry'A'.,h1/21/41,1, 4J,1riErf1:1410i110,'{ 4I1411111 Reception#: 836584 06/11/2013 02:09:44 PM Jean Alberico 1 of 8 Rec Fee:$0.00 Doc Fee: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 Administration Building in Glenwood Springs on Monday, the 20th day of May A.D. 2013, there were present: John Martin Mike Samson Tom Jankovsky Carey Gagnon Jean Alberico Andrew Gorgey , Commissioner Chairman , Commissioner , Commissioner Assistant County Attorney , Clerk of the Board . County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2o/3 - 3C) A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR A MATERIAL HANDLING FACILITY KNOWN AS THE J-25 CENTRALIZED DISTRIBUTION POINT ON A 15,800 ACRE PROPERTY OWNED BY ENCANA OIL AND GAS (USA) INC. LOCATED APPROXIMATELY 18 MILES NORTH OF PARACHUTE IN SECTION 25, TOWNSHIP 4 SOUTH, RANGE 96 WEST OF THE 6TH P.M., GARFIELD COUNTY PARCEL NO# 1917-274-00-012 (LIPA-7520) RECITALS A. The Board of County Commissioners of Garfield County, Colorado, (Board) received a request for a Land Use Change Permit to allow for a Material Handling Facility known as the J-25 Centralized Distribution Point (CDP) as further described in Exhibit A, Site Plan. B. The J-25 CDP Facility will be operated by Hunter Ridge Energy Services LLC and is located on approximately 2.7 acres within a 15,800 acre property owned by Encana Oil and Gas (USA) Inc. The legal description of this property is described Exhibit B, and in a Lease Agreement found at Reception Number 826874 in the records of the Garfield County Clerk and Recorder. C. The subject property is located within unincorporated Garfield County in the Resource Lands Plateau (RL) zone district, approximately 18 miles north of Parachute. 1 1111 hri'aMhRAVtillhlriihl.IFIKLVIVIl4T110.1iiii 11111 Reception#: 836584 06/11/2013 02709 44 PM Jean A16erico 2 of 8 Ree Fee.$0.00 Doc Fee:0.00 GARFIELD COUNTY CO D. A Material Handling Facility may be permitted in the Resource Lands Plateau Zone District with Limited Impact review. E. The Board is authorized to approve, deny or approve with conditions a Limited Impact application resulting in issuance of a Land Use Change Permit pursuant to the Unified Land Use Resolution of 2008, as amended. F. The Board of County Commissioners opened a public hearing on the 20th day of May, 2013 for consideration of whether the proposed Land Use Change Permit should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. G. The Board of County Commissioners closed the public hearing on the 20th day of May, 2013 to make a final decision. H. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. The hearing 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. That for the above stated and other reasons the proposed Land Use Change Permit for the J-25 CDP Material Handling Facility is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoption of conditions and granting of waivers from the landscaping plan, water supply plan, and roadway standards requirements, the application has adequately met the requirements of the Garfield County Unified Land Use Resolution of 2008, as amended. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. 2 1111! Reception4: 836584 06/11/2013 02:09.44 PM Jean Fllberico 3 of 8 Rec Fee:$0.00 Doc Fee .0.00 GARFIELD COUNTY CO B. The Land Use Change Permit for the J-25 Centralized Distribution Point Material Handling Facility submitted by Hunter Ridge Energy Services LLC in conjunction with Encana Oil and Gas (USA) Inc. is hereby approved subject to compliance with the following conditions: 1. That all representations by the Applicant in the application, and at the public hearing before the Board of County Commissioners, shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. That the operation of the J-25 CDP Facility shall be done in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility including CDPHE Air Quality and Storm Water permitting requirements. 3. Prior to the issuance of the Land Use Change Permit, the Applicant shall provide confirmation from the County Building Department that existing installations are exempt from Building Permit requirements or provide documentation of proper permitting. 4. Prior to the issuance of the Land Use Change Permit, the Applicant shall provide additional Dust Control — Mitigation Plans for the site. 5. Prior to the issuance of the Land Use Change Permit, the Applicant shall provide confirmation that the site is covered by Bonding for long term site reclamation. 6. Prior to the issuance of the Land Use Change Permit, the Applicant shall provide a supplement to the Geo -Hazard report including a more definitive determination regarding the lack of any geological hazards that may affect the site. 7. A waiver from the Section 4-203 Water Supply Plan requirements for potable water is approved pursuant to the approval criteria contained in Section 4-202 of the ULUR provided that the uses on the site maintain consistency with the Application representations that the site is not manned on a regular basis. 8. The Applicant shall provide an assessment by a qualified professional or representative of the Applicant confirming the adequacy of the access road to serve the site. A waiver from Article VII, Roadway Standards is approved pursuant to the approval criteria contained in Section 4-117 of the ULUR and subject to compliance with the above requirement. 9. Waivers from the landscaping plan submittal requirement and landscaping standards are approved pursuant to the approval criteria contained in Section 4-202 and 4-117 of the ULUR. 3 1111 PI PJ'��I�ii��Mti'�4 9� +LI�hG�+�1,4�'I��i��,N1�� 11111 Reception#: 836584 06/11/2013 02:09:44 PM Jean Alberico 4 of 8 Rec Fee $0 00 Doc Fee 0.00 GARFIELD COUNTY CO 10. The facility shall maintain compliance with COGCC Noise Standards/Regulations. If compliance issues are identified the Applicant shall provide noise mitigation in order to achieve compliance. 11. Portable toilet facilities will be provided for employees during construction and periods where maintenance personnel are required to be on site for longer periods of time. 12. All equipment and structures associated with this permit shall be painted with non - reflective paint in neutral colors to reduce glare and mitigate any visual impacts. 13. All exterior lighting shall be the minimum amount necessary or required by the building code or industry standards, and shall be directed inward and downward on the site. 14. The Applicant shall comply with their Noxious Weed Management Plan including the best management practices. 15. The Applicant shall comply with all SPCC Plan provisions and shall keep the plan current and updated for any changes to the facility. 16. The Applicant shall maintain compliance with the West Water Engineering Wildlife Impact Analysis as submitted by the Applicant and the Applicant shall maintain compliance with the North Parachute Ranch/CPW Wildlife Mitigation Plan consistent with the Colorado Parks and Wildlife referral comments. Dated this ATTEST: 011- j day of OI-CA-Py,,t. , A.D. 20 13 . RFIELD COUNTY BOARD OF MM1S ONE' . GARFIELD erk of the Board Upon motion duly made and seconded t. for following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON going Reso do was adop ed by the , Aye COMMISSIONER TOM JANKOVSKY , Aye , Aye 4 111111hYARAII1140.1a NilatthrIr4ii1.41iii11111 Reception#: 836584 06/1112013 02:09,44 PM Jean Rlberico 5 of 8 Rec Fee:S0 00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO )ss County of Garfield 1, , 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 ■iii hi'riN.J'��I��i!I�hki�4�,IIr4J,l�x�1rI��YI ��I�r�,iNrti It Reception#' 836584 06111/2013 02 09:44 PM Jean Rlberico 6 of 8 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT "A" (Site Plan) Pg. 1 of 2 ,;;VI'MI_r 't LS iL+�'rt •L 6 • �. i� .M* C4..J.12 •••' 6 i (1 t7 1 11111 rih 1121114.0.110 WI, II11 ICIWIFZIWCW1 141.i 11 11 1 Reception#: 836584 06/11/2013 02:09:44 PM Jean Albertco 7 of 8 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT "A" (Site Plan) Pg. 2 of 2 (r ion../ 1... ;.,sa ,. �. •rl.ntiAlr '14i t . „raw nu% LL'•.M. GIJ tzr wr.tr. 11 MO MM. ....1. • .4. V 1' •414 e...7U MM. M..•r1Pat 440 401414• W.. II. MUM .nT.'• s..iT• v.4.0.4 s. s w.vl ..41-4* .44 _ SV b.er"9l mi.OT' nr '...-tm.Lilsr.r v►iq ,. . ••••• Yrt� -- --. %. as iv firiiinvir vArirsiriiiiier- x. , "r'� ., •fie R+ 3 �` a .. • • MLR .......r... .421 ,1121 Hunter Ridge Energy • t •� Services. LLC dr - illi[ ....'•'.—moi 11•.. erle Rs .tom COP sn. liartalira Slap M.n Les .1 w MY!4 or or•ocu •, 715 fat PAW./w PM Lie!i.la Carry, C wrrfn 7 11111n Fnillf,1141#1LINtiTIMI10.111iii 11 III Receptionit: 836584 06/11/2013 02:09:44 PM Jean Rlberico 8 of 8 Rec Fee:$0.00 Doc Fee,0.00 GARFIELD COUNTY CO EXHIBIT "B" (Legal Description) Enema Oil & Gan (USA) Leal Desaripdoe Gsriieid County Parcel *1917-274-00-012 Section: 19 Township: 4 Range: 95 SEC 19, LOTS 1 (40.14 AC), 2 (40.21 AC), 3, (40.29 AC), 4 (40.36 AC). EI/2W1/2, Bl/2. Section: 20 Township; 4 R.enge: 95 LOTS 1(40.51 AC), 2(40.42 AC), 3(40.44 AC) 4(40,53 AC), W112, SEI/4 Section: 21 Township: 4 Range: 95 NE1/4,NENW, W1/2SW, N1/2SE, SESE Section: 22 Township: 4 Range: 95 E2 Section: 23 Township: 4 Range: 95 E2, W2W2, NENW Suction: 24 Township: 4 Range: 95 ALL Section: 25 Township: 4 Range: 95 ALL Section: 26 Township: 4 Range: 95 ALL Section_ 27 Township: 4 Range: 95 ALL Section: 28 Township: 4 Range: 95 LOTS I (40.44AC), 2(40.37AC), 3(40.3SAC), NENE, S2NE, S2 Section: 29 Township: 4 Range: 95 ALL Section: 30 Township: 4 Ranges 95 LOTS 1(40.33AC), 2(40.21AC), 3(40.07AC) 4(39.94AC), E2W2, E2 Section 31 Township: 4 Range 95 LOTS 3(40.10AC), 4(39.82AC), 5(39.42AC), 6(39.14AC), E2W2, E2 Section: 32 Township: 4 Rage: 95 ALL Section: 33 Township; 4 Range: 95 ALL Sectio,: 34 Township: 4 Range: 95 N2, SE Section 35 Township: 4 Range: 95 ALL Section: 36 Tranship: 4 Range: 95 ALL Suction: 4 Township: 5 Range: 95 LOTS 1(56.67AC). 4(56.71AC), 6(20,0AC), 8(20.0AC), S2N2 Section: 22 Township: 4 Range: 96 LOTS 1(40.44AC), 2(40.34AC),3(42.09AC),4(41.59AC), 5(40.87AC), 6(40.37AC), NW, S2S2 Section: 23 Township: 4 Range: 96 LOTS 1(40.40AC), 2(40.37AC),3(43.07AC),4(42.81AC), 5(42.78AC), 6(42.52AC), NE, S2S2 Section: 24 Township: 4 Range: 96 LOTS 1(40.49AC), 2(40.66AC), 3(40.83AC), 4(41.00AC), S2N2, S2 Section: 25 Township: 4 Range: 96 ALL Section: 26 Township: 4 Range 96 ALL Section: 27 Township: 4 Range: 96 ALL Section: 28 Township: 4 Range: 96 E2 Section: 33 Township: 4 Range: 96 E2E2, SWNE, W2SE Section: 34 Township: 4 Range: 96 LOTS 1(42.70AC), 2(42.57AC), 3(42.45AC), 4(42.32AC), N2, N2S2 Section: 35 Township: 4 Range: 96 LOTS 1(42.19AC), 2(42.06AC), 3(41.92AC), 4(41.79AC), N2, N2S2 Section: 36 Township: 4 Range: 96 LOTS 1(40.85AC), 2(41. IOAC),3(4 1.34AC),4(41.60AC), 5(40.12AC), 6(40.12AC), S2N2, N2SW EXCEPT A TR OF LAND CONT 6'75_ AC+/- AS DESC IN BK 1253 PC 941 DESC AS FOLLOWS 4-95 SEC. 35 S2. SEC. 36 S2SENE, SESWNE, S2SWSWNE, S2. ALSO A TR OF LAND CONT 673.38 AC+/- AS DESC IN BK 1259 PCI 387 US PATENT 05-2001-0010 DESC AS FOLLOWS, 4-95 SEC.22 W2, SEC. 23 SENW, E2SW. SEC. 34 SW. 5-95 SEC.4 LOTS 5 & 7. 8