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Home My WebLink About5.0 Resolution 2014-33•111 lend tita 11,4.1411 1 r'il:24+0?..14,1, Li, 11111 Reception#: 851138 07108/2014 03:26:43 PM Jean Alberico 1 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO County of Garfield ) )ss 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 16th day of June A.D. 2014, there were present: John Martin Mike Samson Tom Jankovsky Frank Hutfless Kelly Cave Jean Alberico Andrew Gorgey , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Assistant County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2-0 I N- 3 3 A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR A WATER IMPOUNDMENT FACILITY, ON AN 880 ACRE PROPERTY LOCATED APPROXIMATELY 11 MILES NORTHWEST OF PARACHUTE IN SECTION 32, TOWNSHIP 5 SOUTH, RANGE 96 WEST OF THE 6T11 P.M., GARFIELD COUNTY PARCEL NO# 2135-321-00-009 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 Water Impoundment, as further described in Exhibit A, Site Plan (File No. LIPA-7775). B. The Water Impoundment known as the Marathon Oil Company 32C Produced Water Pond Facility, is located on approximately 3.5 acres within an overall 880 acre parcel of land owned by Marathon Oil Company, Berry Petroleum, PGR Partners LLC, and Wapiti Oil and Gas LLC. Ownership of this property is described in Special Warranty Deeds found at Reception Numbers 743398, 711206, 711207, 775544, and 794565 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 zone district, approximately 11 miles northwest of Parachute, Colorado and 1 l0 VIII K en&7? MIi,mr victim mi rrithlrJ I'rh BI II I Reeept i on## : 851138 07108(2014 03:26:43 PM Jean Alberlco 2 of 6 Rec Fee:$0.00 Doc Fee:0.80 GARFIELD COUNTY CO accessed by a series of private roads known as the Garden Gulch Road and Garden Gulch Extension off of County Roads 215. D. Water Impoundment Facilities may be permitted in the Resource Lands Plateau zone district with a Limited Impact Review. E. The Board is authorized to approve, deny or approve with conditions a Limited Impact Review application resulting in issuance of a Land Use Change Permit pursuant to the Garfield County Land Use and Development Code, as amended. F. The Board of County Commissioners opened a public hearing on the 16`h day of June, 2014 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 16t day of June, 2014 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 Marathon 32C Produced Water Pond 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 adoptions of conditions and granting of waivers from the roadway standards, the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. RESOLUTION NOW THEREFORE, BE YT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: 2 1111YIN 11111C !i ill kJ, 11111 Reception##: 851138 07(0812014 03:26:43 PM Jean Alberico 3 of 6 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO A. The forgoing Recitals are incorporated by this reference as part of the resolution. B. The Land Use Change Permit for a Water Impoundment, also known as the Marathon 32C Produced Water Pond is hereby approved subject to compliance with the following conditions: 1. That all representations made by the Applicant in the application shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. That the operation of the Marathon 32C Water Impoundment shall be done in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility. 3. Prior to issuance of the Land Use Change Permit, the Applicant shall provide copies of all current air quality permits from CDPHE. Any future or amended permits including any required for the operation of the water treatment facility shall be provided to the County upon issuance by the CDPHE. 4. A waiver is granted from Section 7-107 Roadway Standards for the Lease Roadway section of the access roadway pursuant to the criteria contained in Section 4-118 and based on the Applicant's Lease Road Assessment and Field Observation Report. Prior to issuance of the Land Use Change Permit, the Applicant shall provide a statement by a qualified professional engineer confirming the adequacy of the Garden Gulch and Garden Gulch Extension sections of the access roadways. A waiver from Section 7-107, Roadway Standards is approved pursuant to the criteria contained in Section 4-118 and subject to compliance with the above requirements. 5. Prior to the issuance of the Land Use Change Permit the Applicant shall provide confirmation from the Grand Valley Fire Protection District indicating that the access roadways are adequate for emergency vehicle access. The Emergency Response Plan shall also be kept updated and shall include a section on wildland fire response and mitigation. 6. Prior to the issuance of the Land Use Change Permit the Applicant shall provide a detailed dust mitigation program for the site and access roads or copies of existing dust mitigation plans. 7. The facility shall maintain compliance with CDPI-IE Storm Water Management Permits, Drainage and Grading Plans, Reclamation and Erosion Control Plans for the site. 8. Compliance with all COGCC fencing, lining, leak detection, monitoring well, and high level monitoring/alarms shall be required. Copies of the COGCC Form 28 approvals shall be provided to the County upon issuance by COGCC. 3 1111 PiAfft1filt illi.* h' Ilk 11111 Reception#: 851138 07/08/2014 03:26:43 PM Jean Rlberico 4 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 9. The facility shall maintain compliance with COGCC Noise Standards/Regulations including a maximum decibel level of 50 dB(a), the residential standard, at the closest property line. 10. The Applicant shall comply with all EPA SPCC Plan provisions and shall update the plan to include the water treatment facility and related storage. 11. The facility shall maintain compliance with Section 7-306 Lighting, with all lighting to be directed inward and doward toward the interior of the site. Facilities and storage tanks shall be painted a non -glare neutral color to lessen any visual impacts. 12. The Applicant shall comply with their Noxious Weed Management Plan including best management practices and shall provide a weed inventory of the site in accordance with the Garfield County Vegetation Manager referral comments. 13. The Applicant shall monitor slopes surrounding the well pad for any evidence of soil erosion and instability of steep slopes. At the time of reclamation of the site, the Applicant shall document the re -seeding and hydro -mulching of the slopes pursuant to best management practices. 14. The Applicant shall comply with the recommendations of the WestWater Engineering consultants contained in their Wildlife and Sensitive Areas Report dated November 2012. The Applicant's shall comply with the Colorado Parks and Wildlife (CPW) referral comments and the Marathon Wildlife Mitigation Plan and Agreement with CPW including but not limited all mitigation requirements for protection of nearby Greater Sage Grouse habitat and leks. A copy of the Wildlife Mitigation Plan shall be provided for inclusion in the County files. Fencing and netting wildlife deterrents as required by CPW shall be required for the water impoundment. 15. The water impoundment and water treatment facility shall be limited to use by Marathon Oil and storage of water produced at its facilities within Marathon's Piceance Basin Operations as represented in the Application Submittals. Dated this 7 ~ day of ATTEST: Q vy ) \ t' CO&��` • (.0 RFIELD COUNT BOARD OF C• SEAL: C'��MMISSIO ERS, GARFIELD • e' LINTY C LORADO CORA , A.D. 20 / . erk of the Board Chairm 11111NrdI>f KIIP MI�i W1 l 'W 91: FLY11.Al 11111 Reception#: 851138 07/08/2014 03:28:43 PM Jean Alberioo 5 of 6 Rac Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN , Aye COMMISSIONER MIKE SAMSON , Aye COMMISSIONER TOM JANKOVSKY , 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. 1N 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 1111r.rittlfirlMIS��r��k l Ilk 11111 Reception#: 851138 07/08/2014 03:26:43 PM Jean Alberico 8 of 6 Rea Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A SITE PLAN ! .:rw , - .rater •3_u"' ,= s-.". Ur f(041 / j / / 1 iF..e ;,r.'y` .•.:•—-.y',iY�•:•:rr�� xr:._.; _.• 1 � 1,(,/ ' i .ro avxrr r .iI q �Zr 1 •. 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