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Home My WebLink AboutResolution 2009-42■ill IIYr♦Rhii?JNALE IN9CMRIr 'ElfiJ i 11111 Receptfon#• 769626 06!1612009 11.37 13 AM Jean Albertco 1 of 7 Roo Fee -30 00 Doc Fee 0 00 GARFIELD COUNTY CO 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 Monday, the 16th day of March, 2009, there were present: John Martin Mike Samson Tresi Houpt Deborah Ouinn Jean Alberico Ed Green (absent) , Commissioner Chairman , Commissioner , Commissioner , Assistant County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2009- 42 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR THE INSTALLATION / OPERATION OF THE ENCANA OIL & GAS USA, INC. STORY GULCH NATURAL GAS COMPRESSOR STATION LOCATED ON 7.2 ACRES OF AN APPROXIMATE 45,000 -ACRE TRACT LOCATED IN THE SWSE, SESW, SEC 34, T4S; & NENW,NWNE, SEC 3, T5S in R96W of the 6th P.M. IN GARFIELD COUNTY, PARCEL #1917-274-00-012 Recitals A. Garfield County is a legal and political subdivision of the State of Colorado for which the Board of County Commissioners (Board) is authorized to act. B. On the 2114 day of January, 1979, the Board adopted Resolution 79-01 concerning a Zoning Resolution for the County of Garfield, State of Colorado. C. Pursuant to Section 9.03.04 of the Zoning Resolution of 1978, an application for a Special Use Permit shall be approved or denied by the Board of County Commissioners after holding a public hearing thereon in conformance with all the provisions of the Zoning Resolution. D. The Board held a public hearing on the 16th day of March, 2009, 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 special use permit. 1111 lire P210.111111P PQiiIIVIlik.111.4.11111 ReceptUanth 76952e 06116/2009 11:37:13 AM Jean A16ertee 2 of 7 Rea Fee:S0 00 Doe Fee 0 00 GARFIELD COUNTY CO E. The Board of County Commissioners closed the public hearing on March 16th, 2009, and acted on the basis of substantial competent evidence produced at the aforementioned hearing. Resolution, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Special Use Permit is approved based on the following findings: A. The forgoing Recitals are incorporated by this reference as part of this Resolution. B. Proper public notice via publication pursuant to Section 9.03.04 of the Zoning Resolution of 1978, as amended, was provided as required by law for the hearing before the Board of County Commissioners. C. An application for a special use permit was made consistent with the requirements of Section 5.03 of the Garfield County Zoning Resolution of 1978, as amended. D. The public hearing before the Board of County Commissioners was extensive and complete; all pertinent facts, matters and issues were submitted; and all interested parties were heard at that hearing. E. The proposed Special Use Permit is in compliance with the recommendations set forth in the Comprehensive Plan for the unincorporated areas of the County. F. The proposed Special Use Permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. G. The Special Use Permit for the Story Gulch Natural Gas Compressor Station proposed by EnCana Oil & Gas USA, Inc., shall require that the following conditions be satisfied: 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. 2. That the operation of the facility be done in accordance with all 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 International Fire Code as the Code pertains to the operation of this facility. Applicant will supply Garfield County with a site-specific emergency response plan prior to the issuance of the SUP. ■III IYYI,t,PMirrMII& ROL IiirWilt:Nfla 11g 11111 Receptlanil: 759520 0611617009 11 37:13 AM Jean Alborioo 3 of 7 Rea Fee 30 CO 0ac Fu=O 00 CARFIELD COi1NTY CO 4. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. 5. Vibration generated: the Compressor Station shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located. 6. Emissions of smoke and particulate matter: the Compressor Station shall be so operated so as to comply with all Federal, State and County air quality laws, regulations and Standards. 7. Emission of heat, glare, radiation and fumes: the Compressor Station shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. 8. All equipment and structures on the site shall be painted with a neutral shade of tan or Beetle Green non -reflective paint to reduce glare and make the site more inconspicuous. 9. No storage of heavy equipment is proposed or permitted on this site. 10. Any lighting of the site shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. 11. Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facilities may begin. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin. 12. The Story Gulch Compressor Station shall meet state requirements for permitting as to storm water management, and an erosion plan specific to this site shall be appended to Volume 1: Master Stormwater Management Plan Piceance CreeklEureka/Story Gulch Unit COR -039167 (5/2008) that is used for projects in this area. 13. Conditions set forth by Garfield County Vegetation Management Dept. Director Steve Anthony in comments dated 2/4/2009 shall be met: a. A re -vegetation bond of $4000 per acre shall be submitted for the 7.2 -acre site disturbance. If the use as a compressor plant is ended, reclamation shall be initiated within 60 days and meet the requirements set forth in the reclamation plan in place on the date the Special Use Permit issued, or the site reclamation standards in place at the time of use cessation, whichever is more stringent. The �IIIIYY�"�P:J'�i��hl�Gy'�G�Ifl4�Wil KNO4lifernIrill Ili Ill III Receptlone : 769620 06/16/2009 11 37:13 PM dean AIbeNao 4 of 7 ileo Fee SO 00 Dae Fee 0 00 GARFIELD COUNTY CO reclamation standards at the date of permit issuance are cited in Section 4.06, 4.07 and 4.08 of the Garfield County Weed Management Plan (Resolution #2002-94). b. The security shall be held by Garfield County until vegetation has been successfully re-established according to the Reclamation Standards in the Garfield County Weed Management Plan. It is the responsibility of the Applicant to contact the County, upon successful revegetation establishment, to request an inspection for security release consideration. c. The Applicant shall provide the Vegetation Management Department with the original tags from each seed bag. d. Any straw or hay bales used in erosion control shall be certified `weed free'. 14. Wildlife safety shall be addressed with the following conditions; a. A plan to accommodate safe interaction between birds of prey and power line facilities and structures shall be completed and submitted to the Planning Department prior to the issuance of the Special Use Permit. If the line is installed affer January 1, 2011, this plan shall be updated and submitted to the Planning Department 30 days prior to construction of the power line. b. Bear -proof waste receptacles shall be used on-site. c. Fencing around the substation shall meet `wildlife friendly' fencing standards of the Colorado DOW. d. Drainage from the site, roads or access roads for the power line shall not cause damage to streams used as Colorado Cutthroat Trout habitat. 15. Conditions set forth by Rio Blanco Planning Department to provide safer road use in Rio Blanco and Garfield County shall be required of all personnel working in conjunction with this project: a. All employees and subcontractors working on this site shall be required to attend a safety orientation provided by the Applicant and sign a work condition agreement provided by the Applicant that includes information on violations that are cause for dismissal from job and/or site access, which include, but are not limited to: • No Valid Operator's License CRS 42-2-101; • Driving Under Restraint CRS 42-2-138 (1)(a); • Reckless Driving CRS 42-4-1401; • Speeding 20+ MPH Over the Limit CRS 42-4-1101; • Illegal or Improper Passing CRS 42-4-1002 — 1005; 111111rrllIV flNll' PILlillfilriP CIl#4'WI*Ik 11 111 Reeeptlontt• 769620 06116!2089 11 37:13 AM Jean Alberico 5 el 7 Rec Fee 50.00 Deo Fee 0 00 GARFIELD COUNTY CO • Driving While Ability Impaired or Driving Under the Influence CRS 42-4-1301. b. individual vehicles may be used only if they contain specialized equipment, or if workers are required and authorized to drive an individual vehicle to the site for logistical and/or short term business purposes. c. Transportation to the site in multi -passenger vehicles (carpools) shall be encouraged. d. The Applicant shall submit a plan to implement items 13. a., b., and c. prior to the issuance of the Special Use Permit. 16. Requirements set forth in Garfield County Road and Bridge Department (Exhibit G) shall be required, those being: All vehicles hauling equipment and material for this project using Cr. 215 shall abide by Garfield County's oversize/overweight system. Any vehicle requiring oversize/overweight permits shall apply for them at Garfield County Road & Bridge Department. Garfield County Road & Bridge Department shall have on file a letter or e-mail from Encana Oil & Gas USA Inc. stating that these vehicles can apply for oversize/overweight permits under Encana's bond on file with Garfield County. 17. A cost estimate for returning the site to its pre -construction condition shall be provided the Project Engineer, and a security for that amount shall be required prior to the issuance of the Special Use Permit. 18. Under this Special Use Permit, two CAT 3616 natural gas -driven compressor engines, two air coolers, a single glycol contactor, four 1,200 bbl (201,600 gallons total ) storage tanks, one vapor recovery unit, one 3-phase separator, one slug catcher, one glycol regenerator unit, one blowdown stack, two pig launchers/receivers, the control building, cistern and leach field on the completed site, constructed during a period to last no longer than seven months in 2010 shall be permitted, with future construction to be managed as follows: a. The Applicant shall provide the Garfield County Planning Department Project Engineer properly scaled and engineered drawings wet - stamped by a professional engineer that details to the satisfaction of the Project Engineer the site, construction details and drainage to properly assess its build in 2010. b. Proper grading permits for the 2010 site construction shall be obtained prior to the issuance of the Special Use Permit. c. Proper building permits for the structures of the site for 2010 shall be obtained prior to the issuance of the Special Use Permit. ■ill r Phiirihlilnfl ii,i II 'lilrI, .'N I JIl1L 11111 Reeeptiontt: 769620 06116!2009 11 37 13 RN Jean Rlbarico 8 of 7 Roc Foe SO 00 Doc Foo.0 00 GARFIEIO COUNTY CO d. Prior to the issuance of the Special Use Permit, the Applicant shall provide the Garfield County Planning Department Project Engineer or Planner a detailed phase plan identifying the time frame for each year's four-month construction period, the equipment to be installed, manpower needs, etc. e. The Applicant shall provide the Garfield County Planning Department Project Engineer properly scaled and engineered drawings wet - stamped by a professional engineer that details to the satisfaction of the Project Engineer the site, construction details for spill containment basins of adequate size to accommodate the capacity plus 10% of the four 1,200 bbl (201,600 gallons total) storage tanks. The containment basins shall be installed prior to the tanks becoming operational. f. Prior to the issuance of the Special Use Permit, the Applicant shall provide the Garfield County Planning Department a plan statement that explains the management and transport for the materials contained in the four 1,200 bbl (201,600 gallons total) storage tanks. All of the natural gas -driven compressor units shall be converted to electric -driven engines when adequate electrical capacity is available to the site. g• h. After 2010 and prior to construction, the Applicant will provide the Planning Department Project Engineer a plan statement detailing that period's construction. Proper grading and building permits shall be secured prior to initiating construction or site preparation for projects to be built each year. 19. To the extent that plans change, the Applicant can apply for an amendment to this SUP to satisfy conditions identified in the Major Impact Review Amendment process of the Uned Land Use Resolution of 2008, as amended. Dated this 15 day of , A.D. 2009. ATTEST: GARFIELD COUNTY BOARD OF CO 1 1 IONERS, OUNTY, C m �l` -at.twa lerk of the Board 1111 irilihlir 111 l l,I ,I C Iih,Micl. MI 11111 Receptions: 769520 06/1612009 11:37 13 AM Jean Albert= 7 of 7 Rec Fee 30 00 Doc Fee 0 00 GARFIELD COUNTY CO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: John Martin Mike Samson Tresi Houpt 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. 2009 County Clerk and ex -officio Clerk of the Board of County Commissioners