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HomeMy WebLinkAbout5.0 Resolution 2006-19111111111111111111 111 111111111111111111 11111 III! 1111 692694 02/23/2006 09:56A B1774 P110 M ALSDORF 1 of 4 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 Plaza Building, in Glenwood Springs on Monday, the 13th day of February 2006, A. D. there were present: John Martin , Commissioner Chairman Larry McCown , Commissioner Tresi Houpt , Commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Ed Green , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2006-19 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR STORAGE, PROCESSING, AND MATERIAL HANDLING OF A NATURAL RESOURCE — PHASE III OF THE PARACHUTE CREEK GAS PLANT, ON A 1,333 ACRE PROPERTY OWNED BY WILLIAMS PRODUCTION RMT COMPANY. LOCATED AT 4289 COUNTY ROAD 215, GARFIELD COUNTY, COLORADO WHEREAS, the Board of County Commissioners of Garfield County, Colorado ("Board"), has received an application for a Special Use Permit ("SUP") for Storage, Processing, and Material Handling of a Natural Resource for Phase III of the Parachute Creek Gas Plant from Williams RMT Company for a property located at 4289 CR 215 within the Resource Lands (RL) zone district; and WHEREAS, the Board held a public hearing on the 13th day of February 2006 A.D., 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. That proper public notice was provided as required for the hearing before the Board of County Commissioners and proof thereof submitted in the record; 2. That the hearing before the Board of County Commissioners was extensive and complete, 1 1 11 1111 1 111 1111111 III SII 111111 11111 111 1 1111 1111 11 692694 02/23/2006 09:56A 61774 P111 M ALSDORF 2 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO • that sufficient 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 special use permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in conformance with §3.02.03, §5.03.07 and §5.03.08 of 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 SUP 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. The County retains the right to conduct a site review of Phase 3 of the Gas Plant one year after construction is complete. Thereafter, the County reserves the right to conducts periodic visits to the Gas plant. Should the need arise, the County reserves the right to retain outside expertise, at the expense of the Applicant/Operator of the facility, in order to conduct tests or analyses of the physical nature, water chemistry or groundwater properties on or away from the site. 4. That this facility is for the sole use of the Applicant and it's operator(s). 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. 5. 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. 6. The Applicant has proposed four (4) new buildings for the plant expansion. These buildings are proposed for maximum sizing and may be constructed in smaller dimensions. 7. If the proposed use allegedly produces a volume of sound which violates noise standards as set forth in the Colorado Revised Statutes and/or the Colorado Oil and Gas Conservation Commission regulations, the Applicant shall hire an acoustical engineer, measure the amount of noise, and if in violation implement proposed mitigation measures of the nuisance noise within 60 days 2 i uiiii nisi 1111111 111 iiuii iiui iii uui 1111 1111 692694 02/23/2006 09:56A B1774 P112 M ALSDORF 3 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO 8. A re -vegetation bond is be required by Garfield County for the new and existing plant site totaling approximately 11.18 acres of surface disturbance and a Security Bond in the amount of $16,770 ($1,500/acre) shall be delivered to Garfield County prior to issuance of the SUP. The security shall be held by the County until vegetation has been successfully reestablished according to the Reclamation Standards in the Garfield County Weed Management Plan. 9. That the applicant shall use "Union 76 Water Well #6" as an approved source of non potable water to fill a 5,000 gallon (minimum) tank that will be used to provide a non potable water source. this 21st day of February Clerk of the Board , A.D. 20 06 GARFIELD COUNTY BOARD OF COMMIS IO RS, GARFIELD COUN ',C• ORADO Ai mommimnimir Chaff t" Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI HOUPT STATE OF COLORADO )ss County of Garfield , Ave Aye tz y� 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 3 111111{ 111 1110111111111111 11111 11111111 • 692694 02/23/2006 09:56A B1774 P113 M RLSDORF 4 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO 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 4