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Home My WebLink About5.0 Resolution 96-210-10-98 11:48A Stella Archuleta • 491640 B-974 P-333 04/17/96 11:25A PG 1 OF 4 MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER STATE OF COLORADO )ss County of Garfield At a regular meeting of the Board Colorado, held in the Commissioners' Meeting Room, Ga on Monday , the 15thday of April Marian I. Smith Arnold L. Mackley Elmer (Buckey) Arbaney Don DeFord 97C�45-7785 REC DOC NOT 0.00 P _ 02 of County Commissioners for Garfield County, rfield County Courthouse, in Glenwood Springs A.D. 19 96 , there were present: Mildred Alsdorf Chuck Deschenes , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 96-21 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION FOR SNYDER OIL CORPORATION. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from Snyder Oil Corporation for allowing the construction and operation of a produced water evaporation pit on the following described tract of land: Located on a portion of land in Section 26, T6S, R93W of the 6th P.M., off of CR 319. (in the State of Colorado and the County of Garfield); and WHEREAS, the Board held a public hearing on the 6th day of November, 1995, 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 issuance 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: . That proper publication and public notice was provided as required by law for the hearing before the Board of County Commissioners. 2. That 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 hearing. 3 That the application is in compliance with the Garfield County Zoning Resolution of 1978, as amended. 4. For the above stated and other reasons, the proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. Del -10-98 11:49A Stella Archuleta 970-945-7785 • 491640 B-$74 P-334 04/17/96 11:25A PG 2 OF 4 P.03 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Special Use Permit be and hereby is authorized permitting the use of the above described tract of land for a produced water evaporation pit, upon 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. That the operation of the facility be done in accordance with any federal, state or local regulations governing the operation of this type of facility. That the operation of this facility be in accordance with the provisions allowed within the Surface Lease Agreement signed by the applicant (Lessee) and the land owner (Lessor). 4. The applicant comply with the provisions of the National Fire Code as the Code pertains to the operation of this type of facility. 5. The construction of the facility, specifically the evaporation pit, be done in a manner to mitigate any problems which may occur due to the possible shrinking or swelling of the soils on-site. 6. The issuance of this Special Use Permit is subject to an annual review of the water chemistry of the water contained within the evaporation pit, at such time when free-standing water is within the pit. This analysis will be presented to the Planning Department on the first day of July, 1996, and every July 1 thereafter, for the duration of the operation. The analysis of this water will be at the sole cost of the applicant/owner. If this water is determined, through this analysis, to be hazardous or toxic, based on applicable standards, then the applicant/operator is required to submit an additional Special Use Permit application, with appropriate fees, to address and mitigate the potential hazard(s). 7. The County reserves the right to retain outside expertise, at the expense of the applicant/operator of the facility, in an effort to conduct tests or analyses of the physical nature, water chemistry or groundwater properties on and away from the site. 8. A sufficient monetary security, determined by the Board of County Commissioners, to ensure rehabilitation of the site once operation has ceased, shall be provided to the County by the applicant. 9. That the proposed lease parcel is subdivided from the parent parcel either by the appropriate action of the Board of County Commissioners or the recording of a deed of at least 35 acres of land surrounding the leased area, in the name of the applicant. 10. This facility is for the sole use of the applicant. If any other entities are to be added as users then these entities would be subject to an additional Special Use Permit review. 11. The applicant/operator will consult with appropriate authorities as to the planting and care of suitable landscaping plants. 12. Licensing of all out-of-state vehicles and equipment to be used on this project within the County of Garfield, State of Colorado, 13. An emergency plan will be filed with the County and the appropriate fire district. 14. Location of the aeration system pump and motor will be done in a manner to shield surrounding landowners from noise produced by these mechanical components. Dated this 16 day of April, A.D. 19 96 ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Dec -1O-98 11:49A Steil Archuleta 97045-7785 P_O4 Elmer (Buckey) Arbaney , Aye 491640 3-974 P-335 04/17/96 11:25A PG 3 OF 4 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. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners Deci-,1Q-98 11:50A Stella Archuleta 970-945-7785 P_O5 • • 491640 B-974 P-336 04/17/96 11:25A PG 4 OF 4 Township 6 South. Range 93 West. 6th P.M. Section 26: SW/4NE/4 and that portion of the SE/4NE/4 which contains the tract beginning at a point in the NE/4 of Section 26 which bears S. 44°53'54" W. 1841.48 feet from the Northeast Corner of said Section 26; thence S. 00°32'00" W. 700.00 feet; - thence N. 89°28'00" W. 530.00 feet; thence N. 00°32'00" E. 700.00 feet; thence S. 89°28'00" E. 530.00 feet to the point of beginning. Basis of bearings is the East line of the NE/4 of said Section 26, which is assumed from G.L.O. information to bear North. Containing 40.5 acres more or less