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Home My WebLink AboutResolution 2009-41IfltW1111010MItlYi111 Iw011111 4h1I!h4. ®1111 R'ecepti onfi: 770880 07/0712009 12:10:07 PM Jean 9:berico 1 of 1 Rec Pee --.$0.00 Doc Fne:0.00 GARFIELD COUNTY CO SPECIAL USE PERMIT for Chevron USA, Incorporated On Well Pad 35 -BV located in the SE%SWI/ of Section 36, TSS, R98 West of the 6 P.M. in Garfield County, Colorado. In accordance with and pursuant to the provisions of the Garfield County Zoning Resolution of 1978, as amended, and Resolution No. 2009-41 of the Board of County Commissioners of Garfield County, State of Colorado, hereby authorizes, by Special Use Permit (SUP 18908), the following activity: Installation / Operation of a Temporary Produced Water Management System located on the 35 -BV Well Pad on .86 acres of an approximately 54,000 -acre tract owned by Chevron USA, Incorporated, further described as Parcels # 2137-321-00-008 and 2137-163-00-014 The Special Use Permit is issued subject to the conditions set forth in the above-mentioned resolution, and shall be valid only during compliance with such conditions and other applicable provisions of the Garfield County Zoning Resolution, Subdivision Regulations, Building Code, and other regulations of the Board of County Commissioners of Garfield County, Colorado. ATTEST: GARFIELD COUNTY BOARD OF COMMISSI• RS, GARFIELD COUNTY COLORADO erk of the Board C Chaff I!!'ri,Y }iITILIIhittlnliirthldltiV'I 'PIMii 91111 RecnotionR: 769619 ON 10/2009 11:37:13 W1 Jean Alberico '. of 5 Rec Fee:$0.00 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 13th day of April, 2009, there were present: John Martin Mike Samson Tresi Haupt Don DeFord Jean Alberico Ed Green (absent) , 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. 2009- 41 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR THE INSTALLATION / OPERATION OF THE CHEVRON USA TEMPORARY PRODUCED WATER MANAGEMENT SYSTEM LOCATED ON .86 ACRES OF A 54,000 -ACRE PARCEL OWNED BY CHEVRON USA, INC., LOCATED IN THE SE'/ SW/ OF SECTION 36, T5S, R98W OF THE 6TH P.M. IN GARFIELD COUNTY, PARCELS # 2137-321-00-008 and # 2137-163-00-014 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 2nd 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 13th day of April, 2009, upon the question of whether the above-described Special Use Permit should be granted or denied, II! WA. 51 II I Rece}tionti: 769619 06/16/2009 11:37.13 PO Jean Mbar Leo 2 of 5 Rec Fee:$0.00 Doc Fee 0.00 GARFIELD COUNTY 00 at which hearing the public and interested persons were given the opportunity to express their opinions regarding the special use permit. E. The Board of County Commissioners closed the public hearing on April 13th, 2009, andacted on the basis of substantial competent evidence produced at the aforementioned hearing. Resolution NOW, THEREFORE, BE IT RESOLVED by the Board of County Comrnissioners 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 Temporary Produced Water Management System proposed by Chevron USA, Inc., shall require that the following conditions be satisfied: I. 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 alt 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 ®III F;lb P hi��§atidl b�lh l �,l�1�l�hol� �l�iy 1 a III Reception#: 769619 06/16/2009 11.37:13 RM Jean Rlberico 3 of 5 Roc Fee:S0.00 Doc Fee'.0.00 GARFIELD COUNTY CO Commission (COGCC) and the Intemational Fire Code as the Code pertains to the operation of this facility. 4. Vibration generated: the Temporary Produced Water Treatment System 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. 5. Emissions of smoke and particulate matter: the Temporary Produced Water Treatment System shall be so operated so as to comply with all Federal, State and County air quality laws, regulations and standards. 6. Emission of heat, glare, radiation and fumes: the Temporary Produced Water Treatment System 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. 7. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes, COGCC Series 800. 8. No storage of heavy equipment or materials is permitted after the construction period. 9. No human habitation of this site is allowed at any time. 10. Any lighting 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. Prior to the issuance of the Special Use Permit, a plan that includes adequate design for the spill containment basin for the produced water tanks on site shall be provided to the Garfield County Project Engineer. 13. A maximum of ten (10) frac tanks may be installed on the site under this Special Use Permit. 14. Prior to the issuance of the Special Use Permit, a reclamation security of 52500 per acre shall be submitted for the .86 -acre site disturbance, as per the Garfield County Vegetation Manager. If the use as a water treatment system is ended, reclamation shall be initiated within 60 days and meet the requirements ®Illh'AKAMAN r4laig1i111 Reception#: 769619 06116;2009 11:37:13 q0 Jean Rlberico 4 of 5 Rec Fee:$0.00 Doc Fee:0.66 GARFIELD COUNTY CO 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 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). 15. Dust mitigation on the sites and access roads must be performed to prevent fugitive dust. 16. Prior to issuance of the Special Use Permit, written confirmation by a certified wildlife biologist shall be provided to the Garfield County Planning Department to ensure that no active nest sites are within a distance considered by the Colorado Division of Wildlife (chart, page 19 of the Biologic Survey section) to be adversely affected by human activity. 17. Bear -proof refuse containers shall be required on the site. 18. The Special Use Permit for the Temporary Produced Water Management System shall expire 12 months from the issuance of permit, subject to a review at that time to consider for extension of another 12 months. Dated this iS ' day of of nL , A.D. 2009. ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARP • COUNTY, COL C of the Board Upon motion duly made and seconded the foreg the following vote: STATE OF COLORADO ) )ss County of Garfield ) ye , Aye C Ill1i0',0i1r41li00,110,ld11141M IN,Oin! ®I III Receptiond: 769619 06/16;2009 11:37:13 AM Jean Riberico 5 of 5 Reo Fee:$0.O0 Ooc Fee:0.00 GARFIELD COUNTY CO 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. DI 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