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Home My WebLink About4.0 Resolution 2009-40MEI ii�I'�Gflb�4,IN�� 11 III Reception#: 769618 06/16/2009 11:37:13 AM Jean Alberico 1 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STA I 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 Plaza Building, in Glenwood Springs on Monday, the 13th day of April, 2009, there were present: John Martin , Commissioner Chairman Mike Samson_ , Commissioner Tresi Houpt , Commissioner Don DeFord , County Attorney Jean Alberico , Clerk of the Board Ed Green (absent) , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2009-4° A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR THE INSTALLATION / OPERATION OF THE WILLIAMS RMT, INC HOOVER EXPRESS NATURAL GAS COMPRESSOR STATION AND RELATED PIPELINE LOCATED ON 4.99 ACRES OF APPROXIMATE 18 - ACRE TRACT LOCATED NORTH OF INTERSTATE 70, WITH ACCESS FROM HIGHWAY 6 , WEST OF CR 215 IN GARFIELD COUNTY, PARCEL #2409-321-00-110 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 2nd day of January, 1979, the Board adopted Resolution 79-01 concerning a Zoning Resolution for the County of Garfield, State of Colorado. C. Pursuant to Section 9.03.04 of the Zoning Resolution of 1978, 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 Zoning Resolution. D. The Board held a public hearing on the 13th day of April, 2009, upon the question of whether the above-described Special Use Permit should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the special use permit. 5 11111rdinirk4'1iirtgGrial nCUANC M4 11111 Reception# 769618 06/16/2009 11.37:13 RM Jean Rlberico 2 of 5 Rec Fee:$0.00 Doc Fee.0.00 GPRFIELD COUNTY CO E. The Board of County Commissioners closed the public hearing on April 13th, 2009, and acted on the basis of substantial competent evidence produced at the aforementioned hearing. Resolution NOW, THEREFORE, 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 1978, 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 Zoning Resolution 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 Hoover Express Natural Gas Compressor Station and related pipeline proposed by Williams RMT, Inc., 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 Applicant shall comply with the fire protection provisions included in the rules and regulations of the Colorado Oil and Gas Conservation Commission (COGCC) and the International Fire Code as the Code pertains to the operation of this facility. ■•i Fri, P1,iirkfirkliV iNk 11111 Recept i on# : 769618 06/16/2009 11:37:13 AM Jean Alberico 3 of 5 Rec Fee $0.00 Doc Fee:0.00 GARFIELD COUNTY CO 4. Vibration generated: the Compressor 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. 5. Emissions of smoke and particulate matter: the Compressor shall be so operated so as to comply with all Federal, State and County air quality laws, regulations and standards. 6. Emission of heat, glare, radiation and fumes: the Compressor 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. 7. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes, COGCC Series 800 and noise attenuation measures shall ensure that the recommendations of the wildlife study and sound study are met. 8. No storage of heavy equipment or materials is proposed or permitted. 9. No human occupation of this site is allowed at any time. 10. A qualified wildlife biologist shall provide an assessment to determine that no active raptor nests are in use as nest sites within the stipulated distances from the construction of the compressor site and pipeline. Should an active nest be found within that distance determined to be a disturbance for a sensitive species, construction activity shall not take place during that time period defined in Table A of the Wildlife Study, page 15. 11. Any lighting shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. 12. Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards 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 Officers must be met before operation of the facilities may begin. 13. The general Storm Water Management Plan and Spill Containment & Counter Measure Plans for this site shall be appended with site-specific plans. This plan shall include adequate design for the spill containment basin for the produced water tanks on site. 14. Two (2) compressor units shall be installed on the site under this Special Use Permit. Proper building and grading permits are to be obtained prior to the issuance of a Special Use Permit. 1111 Nh1Mri+tniiirVi MG likfrI �1t �IiG:E+ 1ri1ki 5 HI Reception#: 769618 06/16/2009 11:37:13 RM Jean Alberico 4 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 15. Three (3) additional compressor units may be installed at a future date. Proper building permits to be secured prior to the installation of the compressor units and the enclosure that will provide noise attenuation for all five (5) compressors on this site. 16. An estimate for site reclamation of the compressor site shall be provided the Garfield County Planning Department Project Engineer to determine the required security amount, and that security must be in place prior to the issuance of the Special Use Permit. 17. A reclamation security of $4000 per acre shall be submitted for the 4.9 -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 forth 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 4.08 of the Garfield County Weed Management Plan (Resolution #2002-94). 18. Securities for revegetation as per the Garfield County Vegetation Management Director shall be required to be in place prior to the issuance of this permit. 19. Recommendations for vegetation management from the Garfield County Vegetation Management Department for pre-treatment of tamarisk shall serve as a requirement, and documentation shall be provided the Garfield County Vegetation Management Department prior to construction. 20. Dust mitigation on the sites and access roads must be performed to prevent fugitive dust. Dated this 15 day of , A.D. 2009. ATTEST: m rk of the Board GARFIELD COUNTY BOARD OF COMM . ' ERS, GARF " LDC 0 UNTY, CO Upon motion duly made and seconded the foregoin. Resolu 'on was adopted the following vote: y V11IMliri.111V 1 ItiLtgINCIrr'ltRIi?l kit 11111 Reception#: 769618 06/16/2009 11:37:13 RM Jean Alberico 5 of 5 Rec Fee:$0.00 Doc Fee 0.00 GARFIELD COUNTY CO John Martin , Aye Mike Samson , Aye Tresi I 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. 2009 County Clerk and ex -officio Clerk of the Board of County Commissioners