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Home My WebLink AboutResolution 2013-771111 NP1 87111 INI I'M I4 ,Mdr.1+14RA W1 Recepiionp: 842895 1i106l2013 11 23 28 AM Jean Alberico 1 of 6 Ree Fee $0 00 po' fee 0 n0 GARFIELD GOVJT- ;0 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 Administration Building in Glenwood Springs on Monday, the 21" day of October A.D. 2013, there were present: John Martin , Commissioner Chairman Mike Samson , Commissioner Tom Jankovsky Commissioner Frank Hutfless County Attorney Carey Gagnon _ __, Assistant County Attorney Jean Alberico , Clerk of the Board Andrew GoMey County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. d c /3 - 7'1 A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR A WATER IMPOUNDMENT, MATERIAL HANDLING, AND STORAGE FACILITY, ON A 7,732 ACRE PROPERTY OWNED BY OXY USA WTP LP, LOCATED APPROXIMATELY 15 MILES NORTH OF DEBEQUE IN SECTION 16, TOWNSHIP 6 SOUTH, RANGE 97 WEST OF THE 6m P.M., GARFIELD COUNTY PARCEL NO# 2169-21.1-00-026 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 — Material Handling and Storage Facility, as further described in Exhibit A, Site Plan. B. The OXY USA WTP LP Water Impoundment, Material Handling and Storage Facility known as the Pond G Centralized E & P Waste Management Facility is located on approximately 14.88 acres within an overall 7,732.5 acre parcel of land owned by OXY USA WTP LP. The ownership of this property is described in a deed found at Reception Number 759939 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 15 miles north of Debeque, Colorado accessed by private roads off of County Roads 204 and 213. 1111 IV -6 PMAYIN-M-WE IRIAMAfi M 10 IN"l 11111 Reception#; 84za95 11106: 2013 11 23 29 AM Je:n Alberico 2 of 5 Ree Foe SC 00 Doc Fne n 00 CARF[ELD C01tITIF 0 D. Water Impoundment, Material Handling and Storage 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 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 21" day of October, 2013 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 21' day of October, 2013 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 OXY USA WTP LP Pond G Water Impoundment, Material Handling and Storage Facility 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 a waiver from Article VII, Roadway Standards, in accordance with the approval criteria contained in Section 4-118 of the Land Use and Development Code, the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: 2 011111rJAW1lM 141.1411V lilt. 11111 Reception#: 842885 11106/2013 V 23 29 AM Jean Atborico ? of 6 Rec Fee SO OD Doc dee 0 03 GARFFELG' GOVhTV 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, Material Handling and Storage Facility also known as the Pond G Centralized E & P Waste Management Facility 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 Pond G Water Impoundment — Material Handling and Storage Facility 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 a supplement to the Traffic Analysis confirming that Storage traffic was included in the analysis or updating the report as appropriate. The supplement shall include a finding consistent with the current study that no additional traffic improvements are recommended or provide specific recommendations that the Applicant shall be required to comply with subject to review by the County's Consulting Engineer. 4. Prior to issuance of the Land Use Change Permit, the Applicant shall provide written confirmation that all pipelines serving the facility have been properly permitted or are exempt from permitting requirements and that all water being stored on the site is from non -tributary geologic formations and therefore exempt from water well regulations. 5. The Applicant shall complete the RACT Analysis for the site as detailed in the OXY Air Regulatory Permitting Statement dated 10/18/13 and obtain any permits required by the CDPHE. The Applicant shall maintain compliance with said permits and copies shall be provided to the County upon issuance by the CDPHE. 6. The facility shall maintain compliance with CDPHE Storm Water Management Permits, Drainage and Grading; Plans, Reclamation and Erosion Control Plans for the site. 7. Implementation of the Applicant's Dust Control Plan shall be required. A copy of the plan or applicable excerpts shall be provided for inclusion in the County Files. 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. 9. The facility shall maintain compliance with COGCC Noise Standards/Regulations. If future compliance issues are identified the Applicant shall provide noise mitigation in order to achieve compliance along with a technical evaluation by a qualified 3 mill W iY:15111 i VIII *,lw111 Ili. Reception#: 842895 1tp6,2013 11 23 20 AM Jean 111;11co 4 of 6 Rec Fee $0 00 Doc Fee 0 00 GRRFiELD CO.rtNTI 0 professional to confirm compliance, 10. The Applicant shall comply with all SPCC Plan provisions and shall keep the plan current and updated for any changes to the facility. 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 Emergency Response Plan provided with the Application submittal including contact information shall be kept updated. 13. The Applicant shall comply with their Noxious Weed Management Plan including the best management practices and provide confirmation that the site is covered by existing COGCC bonding for re -vegetation and reclamation. 14. The Applicant shall comply with the recommendations of the ERO Resources Biological Resource Report (dated duly 15, 2013) included in the Applicant's submittals and the Colorado Parks and Wildlife recommendations contained in their referral letter dated October 3, 2013 and supplemental email dated October 17, 2013 including upgrading fencing, flagging and netting for waterfowl deterrents and calendar limitations on construction activities to avoid impacts on candidate species including the Sage Grouse. 15. Storage areas shall be limited to the previously disturbed portion of the site and a a fire break separation between the storage areas and native vegetation shall be maintained at the perimeter of the site. Dated this V day of _n 1) y `'"&LA, , A.D. 20 1-6 ATTEST: Cl r of the Board BOARD OF GARFIELD 4 VIIIIN iPAM1101ph,14J WNW KNIL 1AMi 11111 RecopEiont# : 842895 1,lO6 20t3 11 23 26 AM .lean Alborico 5 of 6 Rae Fee $0 00 Doc Fes [1 Ov GARFIELD COUNT, '1 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. 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 ■III Pp.,MijtiM. Oil 11.1 law, worm lee M.11I III ReceRtion#- 842895 11708!2013 11 23 28 AM an Albert '0 K of 8 Roo Fee ED 00 Doo Fee Q 00 GARFIELD CPUNTV CO EXHIBIT A SITE PLAN Not to Scale �,. ►�A CA -CRE sm 'rr ��'� frutnKi[gf � +' wriYaa ►wee['rteratw N'.,87.!"r1fGN1D �� — � p.alwlFR � fY74f+�f f ftL� �i+Vfa L, 11'1R�ti QtWa,Y �' llMn,l 3- ►Y-. FRIT Owl Lw afrat % A' ft-" ltlrfww u � 5yyy rP /f tNrNtr • 9 cfrrfxrarf+�.c. �� x"arwmor .T !0,0711- wllr" rffYt,ItS'.ICFf prC enc , ` s f aYO,t �� rwa 1—'j +N 1 � 7M•i�fi �a -s