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Home My WebLink AboutResolution 2012-12.· 111 rr.r~111LrHl'W«iWl'MWll l•t I II Re~t.lontt: ltll181 · U/31112812 11 :14 :11 M Jpn A81ber~J"'" ,.,,.MTV C:0 1 or & lhlo F ....... Ooo FM1 ........... _... -·' STATEOFCOLORADO ) )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 Tuesday, the 21" day of February A.D. 2012, there were present: _,Jo...,hn~Martin===-=·===----------__.., Commissioner Chairman .... Mik ...... e ..... Sam=so=n _______ ~__.., Commissioner ~Io=m=J=e=nk=o~~=sky=----------"'Comrnissioner ... Andrew~=..:-Go=rgey,...... _________ • County Attorney, Acting-County Manager =Car=evL...OOa==pnon=.__ _____ __... _ _,. Ass•t County Attorney ..... 1ean=..Al-=be=en=·co.,.__ ________ -". Clerk of the Board when the following proceedinBS> among others were bad and done, to-wit: RESOLUTION NO. ;JOldl-JOI.. A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR WATER TANK STORAGE ON WELL PAD F26 AND MATERIAL HANDLING RELATED TO AN INJECTION WELL ON WELL PAD M23LOCATEDWITHINA15,801-ACRE PARCEL OWNED BY ENCANA OIL & GAS (USA) INC. AND LOCATED 16.7 MILES NORTH OF PARACBU'l'E JN SECTIONS 23 AND 26, TOWNSHIP 4 SOUTH, RANCH 96 WEST OF THE 6m P.M., GARFIELD COUNTY PARCEL NOi# 1917-174-00-012 . Rccl1als · A. The Board of County Commissioners of Garfield County, Colorado, (Board) received a request for a Land Use Change Permit to allow for Tank Storage on Well Pad F26 and Material Handling Well Pad M23. This approval allows operation of facility to store producCd water in tanks on F26 for eventual injection on M23, as further described in Exhibit A. B. The Water Impoundment is located within a 15,800-acre parcel of land owned by Encana Oil & Gas (USA) Inc. on two well pads approved by the Colorado Oil & Gas Conservation Commission (COGCC) and identified as Well Pads M23 and F26. The ownership of this property is located in Merger Documents and a Special Warranty Deed found in the records of the Garfield County Clelk and Recorder. C. The subject property is located within unincorporated Garfield County in the Resource Lands (Plateau) zone district, north of the terminus of Collllty Road 215 approximately 16.7 l .· •tF.a.•:nMllLlMfM ~~JrH.11\L lnl Ri;lton#: 11S111 '21 I 12 1 r 141&SI J..n Alb9r l co 2 0 s2leo 1 ........ ,. FM:9,1118 GARFia.D COIMTY co miles from of the Town of Parachute. D. Tanlc ·Storage and Material Handling may be pcnnitted in the Resource Lands (Plateau) zone district with 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 P~ pursuant to the Unified Land Use Rcso1ution of 2008, as amended. F. The Board of County Commissio"1efS .opened ~public hearing on 1he 21.c day. of February, 2012 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. H. The Board of County Commissioners closed the public hearing 'on the 21" day of February, 2012 to make a final decision. · I. The Board on the basis of substantial competent evidence produced at the aforementioned hearing. has inede the following detenninations of fact: 1. That proper public notice was provided as iequired for the hearing before the Board of County Commissioners. 2. The hearing before the Board of County Con1missioncrs was extensive and comple1e, 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 Water Tanks on Well Pad F26 and an Irtjcction Well on Well Pad M23 located within a 15,800-ecre parcel in the Resource Land (Plateau) zone district is in the best in~ of the health, safety, convenience, order, prosperity. and welfare of the citiz.ens of ~cld County if recommended co~ons of approval are adopted. 4. That, with the adoption of recommended conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That, with the adoption of recommended conditions, the application has adequately met the requirements of the Garfield Comity Unified Land Use Resolution . of 2008, as amended. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: 2 .· 111r .. ~MllUl.lflfl.Wr~111,H Ill Reoeptlan": &15111 12/21fl2Df2 111141111 M JHn Alber loo 3 Of 15 it.Cl FH:Slil .91 Doo F .. ;t,11 CARFJELD COUNTY CO A. The forgoing Recitals are'incorporated by this reference as part of the resolution. B. The Land Use Change Permit fur Water Taolcs for storage of produced water on Well Ped F26 and Material Handling related to an injection well on Well Pad M23 is hereby approv:ed subject to compliance with the following conditions: 1. That all representations made by the Applicant in the application and at the public hearing before the Board of County Commissioners, shall be conditions of approval unless specifically altered by the Board of County Commissioners. 2. Operation of the facility must be in accordance with all Federal, State and Local regulations and permits gayerning ·the operation of this titcility. 3. Industrial activities shall be required to comply with the following standards: (1) The volume of the sound generated shall be so operated that the volume of sound inhelently and recuncntly generated docs not exceed the Statutory requirements; (2) Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible without instruments at any pojnt of any boundary line of the property; (3) Emissio~ of smoke and particulate matter: every use .shall be so operated so as to comply with all Federal, State and County air quality laws, regulations and standards; (4) Every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of the adjoining property or which constitutes a public nuisance or huard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operati~ ·which may be required by law as safety or air pollution control measures shall be exempted from this provision. 4. Prior to muance of a Land Use Change Permit the Applicant shall provide a Spill Prevention, Control and Countermeasure Plan that contains adequate information regarding containment of a minimum of 110% of the fluids proposed to be stored on the site. This plan shall be submitted to the Building and Planning Department fur review and acceptance. · Dated this ¢? ~ day of _ _.~L.::::!::::~4..~.!!5!t.u..!::!•~71~-1:::.---;_,· A.O. 20 I OL 3 .· BOARD OF OARFJELD Upon motion duly made and seco~ the fore oing R following vote: =CO~MMl==S~S=IO=NE...::=R~C-HAIR,,,,_===J~O=HN~F~·MAR~=::.:TIN=---~~~~~~~·Aye =CO=MMIS==--=-S=IO_NER~~MIKE-.--....... S~AM~S_O~N----~---....~~~~~~~--·Aye _c~OMMI....=..=S=S=IO=NER'-="~l~O=M~JANK.__....=O=Y~S~K-Y....._~~~~~~~~-''Aye STATEOFCOLORADO ) )ss County of O~eld ) by the . I, County Clerk and ex-officio Clerk of the Board of County Commissioners, in and for the ·County and State aforesai~ 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 band and . affixed the seal of said County, at Glenwood S~, this_ day of A.D. 20_. Cowity Clerk and ex-officio Clerk of the Board of County Commissioners 4 .•