HomeMy WebLinkAbout9.0 Resolution 2005-131111111 II 1111111 11111111111111hd1111111Il 1111
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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 Tuesday, the 7th day of September, 2004, there were present:
John Martin
Larry McCown
Tresi Houpt
Don DeFord
Mildred Alsdorf
Ed Green
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
Clerk of the Board
, County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 200 5-13
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE
PERMIT FOR STORAGE & MATERIAL HANDLING OF NATURAL RESOURCES
FOR AN UPGRADE TO THE ENCANA / BENZEL WATER EVAPORATION
FACILITY
Parcel ID: 2177-362-00-345
WHEREAS, the Board of County Commissioners of Garfield County, Colorado,
received a Special Use Permit (SUP) request for "Storage & Material Handling of
Natural Resources" submitted by Encana Oil & Gas USA, Inc on behalf of the property
owner, Benzel Livestock, LLP to upgrade the Encana / Benzel Water Evaporation
Facility; and
WHEREAS, the property containing the evaporation pit is confined within an 8.5
acre site on a rangeland parcel owned by Benzel Livestock, LLP comprising
approximately at least 1,800 acres and where the site is located approximately three miles
southeast of the City of Rifle immediately east and adjacent to County Road 319 located
in the Agricultural / Residential / Rural Density (ARRD) zone district which
contemplates Storage & Material Handling of Natural Resources as a Special Use; and
WHEREAS, in 1996, the Board of County Commissioners approved a Special
Use Permit for the water evaporation facility which served as a collection point for
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produced water from the 34 natural gas wells that Snyder Oil Company (SOCO) had in
the area and which approval is memorialized in Resolution 96 -- 21; and
WI-IEREAS, the Applicant presently requests the Board of County
Commissioners approve a Special Use Permit (SUP) for Storage & Material Handling of
Natural Resources" in order to make certain upgrades to the Benzel Water Evaporation
Facility currently operated by Encana Oil and Gas, USA where the upgrades will improve
the ability of the pit to evaporate "produced water" which is a by-product of natural gas
well drilling operations in the area also referred to as Exploration and Production Waste
by the Colorado Oil and Gas Conservation Commission (COGCC); and
WHEREAS, the Applicant proposes to make certain improvements and upgrades
to the existing facility which specifically includes the following:
(1) The upgraded system would be designed to treat 5,000 barrels of produced water
per day;
(2) Add three 500 -barrel (bbl.) capacity cone -bottomed off-load tanks to receive
water -hauling trucks from natural gas production well sites. These tanks will serve
as the primary separation point for lighter than water hydrocarbons and heavier
than water solids/ paraffin/ wastes;
(3) Move and/or replace two existing 400 -bbl. capacity off-load tanks to facilitate the
configuration of the upgraded system;
(4) Extend or modify the existing earthen berm secondary containment structure at the
facility to accommodate the changes to the storage tank layout;
(5) Add oil/water separation equipment for treatment of produced water from the
offload tanks. This would include a gravity separator, (possibly) a polishing filter,
and electric -driven pumps to move oils and water as required;
(6) Construct a concrete containment pad to be used as a loading area for mobile tanks
for the solids/ paraffin/ waste Iighter and heavier components separated from the
off-load tanks;
(7) Add an electric -driven pump to feed the evaporation system;
(8) Add an evaporation spray system over the existing pond. This system will consist
of piping and spray nozzles to optimize the evaporation of produced water;
(9) Add an electric -driven pump for loading of tankers with recycled water from the
existing pond;
(10) Upgrade the electrical service at the facility to provide electrical power to
additional equipment;
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(11) After the new system is in operation and the oil is effectively removed from water
reporting to the existing pond, remove the existing netting from the pond, with the
permission of the landowner;
(12) Remove the existing equipment stored on the south side of the location; and
(13) Arrange for wellbore and other pipe storage on the location. This may include
addition of pipe racks and sleepers for pipe storage.
WHEREAS, the Board of County Commissioners opened a public hearing on the
7th clay of September, 2004 upon the question of whether the above-described SUP for
Storage & Material Handling of Natural Resources should be granted or denied, during
which hearing the public and interested persons were given the opportunity to express
their opinions regarding the issuance of said SUP; and
WHEREAS, the Board of County Commissioners closed the public hearing on the
7`h day of September, 2004 to make a final decision; and
WHEREAS, the Board of County Commissioners on the basis of substantial
competent evidence produced at the aforementioned hearing, has made the following
determination of facts:
1. That proper publication, public notice, and posting was provided as required by
law for the hearings before the Board of County Commissioners.
2. That the public hearing before Board of County Commissioners was extensive
and complete; all pertinent facts, matters and issues were submitted; and that all
interested parties were heard at those hearings.
3. The proposed special use permit conforms to Sections 2.02.31(4), 2.02.31(6),
3.02.03, 5.03, 5.03.07 and 5.03.08 of the Garfield County Zoning Resolution of
1978, as amended.
4. The proposed use is in the best interest of the health, safety, morals, convenience,
order, prosperity and welfare of the citizens of Garfield County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Garfield County, Colorado, that based on determination of facts set
forth above, the SUP request for Storage & Material Handling of Natural Resources is
approved for the proposed upgrades to the Benzel Water Evaporation Facility with the
following 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.
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2. That the operation of the facility be done in accordance with al! 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 National Fire Code as the Code pertains to the operation of
this facility.
4. The construction of the new structures at the facility shall be constructed in a
manner to mitigate any existing problems which may occur due to the possibility
of shrink -swell characteristics in the soils at the property.
5. The issuance of the SUP shall be subject to an annual review of the water
chemistry contained in the evaporation pit at such time when free standing water
is within the pit and water samples collected fro the ground water monitoring
well. These analyses shall be submitted to the Building and Planning Department
on the first day of July for every year the pit is in operation. The cost of this
analysis shall be bom entirely by the Applicant. If this water is determined,
through these analyses, to be hazardous or toxic based on applicable standards,
the Applicant or owner / operator of the facility shall be required to submit an
additional SUP to specifically address / mitigate any detected potential hazards.
6. 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.
7. That the Applicant shall submit proof that a site reclamation security of
$50,000.00, as required by the COGCC to ensure proper reclamation /
rehabilitation of the site has been accepted by the COGCC.
8. That this facility is for the sole use of the Applicant. 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.
9. The Applicant shall submit a Iandscaping plan that provides a natural visual
buffer effectively shielding the operation from the people traveling CR 319 using
a combination of bushes and trees such that the facility will be at Least partially
shielded year round. No Special Use Permit shall be issued until such plan has
been implemented.
10. That all out-of-state vehicles and equipment associated with the operation of the
facility be properly licensed within Garfield County.
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11. The Applicant shall submit a fire emergency plan with the City of Rifle Fire
Protection District that is consistent with the requirements of the COGCC.
12. The Applicant shall comply with the following requirements in order to mitigate
adverse affects of this operation on wildlife as submitted by the Applicant in
Exhibit 0;
a. The Applicant shall install an eight -foot high perimeter big -game fence
and a two to three -foot -high mesh small game fence immediately
surrounding the pond and buried six to eight inches in the ground.
b. The Applicant stated the oil -separation process used at the facility
prevents oil from reaching the evaporation pond water. The Applicant
shall monitor the pond for the presence of oil as a matter of typical
operation and maintenance duties and to prevent wildlife from being
harmed. If, in the unlikely event, oil reaches the pond water, the Applicant
shall take measures to immediately remove it.
c. The Applicant shall be allowed to remove the existing netting over the
pond; however, the Applicant shall install a waterfowl deterrence system
to take the place of the netting. This deterrent system shall consist of the
placement of high -tensile wire at regular intervals across the pond. These
wires act as a visual deterrent to birds attempting to land on the water, and
as a noise deterrent, as the stretched wire creates an ultrasonic (inaudible
to humans) sound.
d. The Applicant shall immediately report the death of any migratory bird
caused by activities or structures at the facility to the Colorado Division of
Wildlife and the United States Fish and Wildlife Service in accordance
with state and federal regulations.
e. The Applicant shall make every effort to prevent runoff from the facility
of any stored liquid, including the water held in the evaporation pond. The
Applicant shall follow all applicable State and Federal regulations
utilizing best management practices with regard to stormwater pollution
prevention and spill prevention and control to preclude impacts to surface
water, ground water, or soil. An existing leak detection device is in place
beneath the impermeable pond liner to alert operation personnel of a
breach in the liner. This device will be maintained and monitored
throughout operation of the facility.
13. That the Applicant shall obtain a Watershed District permit from the City of
Rifle. This permit shall be approved and submitted to the Building and Planning
Department prior to issuance of a Special Use Permit.
14. Prior to the issuance of a Special Use Permit, the Applicant shall submit the
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following items to the Count Vegetation Manager for approval:
A. The Applicant shall map and inventory the property for the County Listed
Noxious Weeds.
B. The Applicant shall provide a Weed Management Plan for the inventoried
noxious weeds. Weed management should occur prior to soil disturbance.
C. The Applicant shall augment the site reclamation plan by providing a plant
material List and planting schedule for the reclamation,
D. The Applicant shall provide a Mosquito Management Plan that will
address how they intend to monitor and manage this site for mosquitoes.
15. The Applicant shall install a stop sign at the entrance / exit to the property and
the driveway and shall apply sufficient amount of gravel to the site so that mud is
not tracked onto CR 319, These improvements shall be completed to the
satisfaction of the County Road and Bridge Department prior to the issuance of a
SUP.
I6. The Applicant shall submit a "facilities operation report" to the Garfield County
Building and Planning Department during the first week of July for every year
the facility is in operation. This report shall include an analysis of the water in
the evaporation pit and status of the monitoring tube / pipe lying underneath the
pit as described in condition #5 above. In addition, this report shall include a
status report on how all of these obligations of the Applicant listed as conditions
of approval have been met.
A: gated this
. .•t.
•'. '• 1�-�4 ;'A ''PEST:
ti
day of� , A.D. 2005.
Ck o
Crk of the Board
GARFIELD COUNTY
BOARD OF
CO k SSIONERS,
GA FIE ► D COUNTY,
I
CO ORA
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Upon motion duly made and seconded the foregoing Resolution was adopted by
the following vote:
John Martin
Larry McCown
Tresi Haupt
STATE OF COLORADO
)ss
County of Garfield
, Aye
, Aye
, Aye
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. 2005
County Clerk and ex -officio Clerk of the Board of County Commissioners