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HomeMy WebLinkAbout2.0 Staff ReportBoard of County Commissioners, August 17, 2015 Public Hearing Exhibits — OXY Pond 13 E/W Exhibit Letter (A to Z) Exhibit A Public notice documents including Publication and Mail Receipts B Garfield County 20I3 Land Use and Development Code C Garfield County Comprehensive Plan 2030, as amended D Application E Staff Report F Draft Resolution G Draft Land Use Change Permit H I J K L M N 0 P 0 R S T U Garfield County PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action. • My application required written/mailed notice to adjacent property owners and mineral owners. KPM Mailed notice was completed on the 14" day of July, 2015. KPM All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice. KPM All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list] ■ Please attach proof of certified, return receipt requested mailed notice. • My application required Published notice. KPM Notice was published on the 16th day of July, 2015. ■ Please attach proof of publication in the Rifle Citizen Telegram. My application required Posting of Notice. KPM Notice was posted on the 16th day of July, 2015. KPM Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. testify that the above information is true and accurate. Name: Kathleen P Middleton Signature: Date: July, 28 2015 PUBLIC NOTICE TAKE NOTICE that OXY USA WTP LP, has applied to the Board of County Commissioners, Garfield County, State of Colorado, to request approval for an amendment to a condition of approval for the OXY 13 East/West Water Impoundments and Storage on a property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: Practical Description: Project Description; NE1/4SWE1/4 Section 4, Township 6 South, Range 97 West, 6th P.M. in Garfield County, Colorado I5 miles North of DeBeque, Colorado in Garfield County on a private access road. Private access road starts at the end of County Road 213 (Conn Creek Road). Located on Parcel #E 2169-044-00- 003 Request to amend condition number 6 which requires submittal of monitoring well permits. The COGCC has determined that monitoring wells are no longer required as surface water testing was sufficient. All persons affected by the proposed plan are invited to appear and state their views, protest or support. If you can not appear personally at such hearing, then you are urged to state your views by letter, as the Board of County Commissioners will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to grant or deny the request. The application may be reviewed at the office of the Planning Department located at 108 8th Street, Suite 401, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. A public hearing on the application has been scheduled for Monday, August 17, 2015 at 1:00 P.M. in the County Commissioners Meeting Room, Garfield County Administration Building, 108 8th Street, Glenwood Springs, Colorado. 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Receipt of Payment 07/10/15 9:18 AM Account 7532542 Name Sky Permitting and Plan Phone (970)985-8240 Address Environmental -Gov't Aff PO Box 525 City Mesa State CO Zip 81642 Swift Communications Credit Card Type M Num ********************* Auth 01046P Expir &&/cz Country Code US Start 07/16/15 Paytype CC Issues 5 Stop 08/13/15 Rate Code VCT Class 0990 Copy ct OXY USA WTP LP Amount Tax Amount Paid Payment Due 185.38 Rep 8PI75 0.00 Ad # 11357677 185.38 Paytype Credit Card 0.00 Balance 0 Receipt No Received by Date Original Receipt of Payment rrTA.1 M]leCt lr-te PITB SA. WIB.LF M.t G Va/ ua.uf G.rsi+ C rrr..nl YCe "• s1'.s, .0tsl,W ft .rns:rn,n.T 9.4'd .9.11Y.J t.AW r.Y.r rn,lwa.Tr.•rt..0 • ."a.Jv uuv.l .n n a C:arri.. r f..wµf N....t L n L.IYCIis>c NE 4;:W!• 4S«r.. 41-0n cn.:.N. rv. y..r IN -0 en, N . r:Mwp l+r Reece., F's:t../Cearclu'. ,,ere .4.�.1 nLw.4,i 4.rry .l. 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Ad shown is not actual print size 298 Words Ad Size 1 cols x 4.27 inches NOTICE] TAKE NOTICE That has applied to the Cuirlield, County pursuant to - AlealitilbLUthi" rAMAPeikEeAr to allov_miLsto: atatibLitsccitizatilLi_ itErnmitclocalgatalhALINELL-4?441&611Zi on this property. A public Araiallhargr_ oflihis application will be held In the AtiSiMiteati3W-MatMakar Glenwood Springs, Colorado on istActiusr 1712406 I )1* •ON, • at I'.OP Fkivx. Clete Notice Vies Posted: 7 . • W.140 • — — — For additional information. contact the ‘1*1 dzi-70),114c) gbz Or iOthSL ulte 401 Oisn'Sr9041 Springs. CO SiS01 ! Board of County Commissioners August 17, 2015 OXY Pond 13 East/West — LPAA8369 PROJECT INFORMATION TYPE OF REVIEW REQUEST Amendment to a Limited Impact Conditional Approval Remove condition of approval #6 - Resolution 2014-07 regarding submittal of monitoring well permits APPLICANT (OWNERS) OXY USA WTP LP REPERSENTATIVE Katy Middleton and Blair Rollins LOCATION 15 miles north of DeBeque in Section 4, Township 6 South Range 97 West ACRES 640 -acres ACCESS CR 213 (Conn Creek) to private road ZONING Resource Lands - Plateau COMPREHENSIVE PLAN Agricultural Production / Natural II. DESCRIPTION OF THE PROPOSAL. OXY USA WTP LP requests that the Board of County Commissioners consider removing a condition of approval related to the land use change permit for the OXY Pond 13 E/W and Storage approved on January 20, 2104. Removal of Conditions - OXY seeks to remove condition 6 from Resolution 2014-07. 6. Prior to issuance of the Land Use Change Permit the Applicant shall provide copies of the well permits related to the three monitoring wells for the site. The Applicant has provided documentation from the Colorado Oil and Gas Conservation Commission (COGCC) who has been reviewing the application and states "Based upon the review of the site information and data provided by OXY USA WTP LP (OXY), it is the Colorado Oil and Gas Conservation Commissions (COGCCs) opinion that surface water monitoring will suffice and monitoring wells will not be required as they related to this project." Due to this change in how water monitoring will occur for the site the Applicant requests elimination of the specific condition of approval requiring provision of monitoring wells, Board of County Commissioners August 17, 2015 OXY Pond 13 East/West — LPAA8369 III. APPLICABLE REGULATIONS 4-106. AMENDMENTS TO AN APPROVED LAND USE CHANGE PERMIT. A. Overview. Applications for amendment to an approved Land Use Change Permit may be reviewed and decided by either the Director as a Minor Modification or be reviewed as a Substantial Modification. This procedure is applicable to: 1. Proposed amendments to a Land Use Change Permit approved under this Code or the Unified Land Use Resolution of 2008; 2. Proposed amendments to conditional use permits and special use permits approved by the BOCC under the Zoning Resolution of 978; 3. Change of a specific condition(s) of approval as identified in a final approval made by the Decision -Making Body. Any requested change of a specific condition(s) as identified in a resolution adopted by the BOCC shall be considered a Substantial Modification. B. Review Process. Applications for an amendment to an approved Land Use Change Permit shall be processed according to Table 4-102, Common Review Procedures and Required Notice, with the following modifications. 1. Pre -Application Conference. After holding a pre -application conference and within 10 business days of receiving all necessary information, the Director shall make 1 of the following 3 determinations: a. Minor Modification. The Director shall apply the criteria in section 4-106.C. to determine if the proposed amendment is minor in nature. Upon finding the amendment is a Minor Modification, the Director may approve, conditionally approve, or deny the amendment and provide written notice to the Applicant. b. Substantial Modification. 1) If the Director determines that the proposed amendment constitutes a Substantial Modification, the change shall require a new application for a Land Use Change Permit. The Director shall determine the contents of the application submission requirements for a Substantial Modification request and provide this information in writing to the Applicant. Though a new application is required, the review of the application may result in an approval, approval with conditions or denial of the amendment only. If the amendment is denied, the Applicant's original approval is still valid. 2) Should the Applicant contest the decision made by the Director that the proposed amendment constitutes a Substantial Modification, the Applicant may request the decision be called -up to the BOCC pursuant to section 4- 112.B and C. Board of County Commissioners August 17, 2015 OXY Pond 13 East/West — LPAA8369 c. Determination by the BOCC. The Director shall have the discretion to request the BOCC decide, in a Public Meeting, whether a modification is Minor or Substantial. IV. STAFF ANALYSIS Staff has determined that the request is a Substantial Modification pursuant to Section 4-106 (A)(3) of the LUDC thus requiring a public hearing for Board decision. Adequate information has been provided to indicate that the monitoring wells included in the original application materials are no longer necessary as surface water monitoring will suffice pursuant to the COGCC. Staff recommends that the Board remove the condition of approval and authorize the Chairman to sign the attached draft resolution and draft Land Use Change Permit. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. That 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, and upon compliance with conditions of approval, the request for a Land Use Change Permit Amendment is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That, upon compliance with conditions of approval, the application is in general conformance with Garfield County Comprehensive Plan 2030. 5. That the application has met the requirements of the Garfield County 2013 Land Use and Development Code, as amended. VI. CONDITIONS OF APPROVAL 1. That all representations made by the Applicant in the application and public hearing shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. That the facility shall operate in compliance with all applicable Federal, State, and local regulations governing the operation of this type of facility. 3. The land use change permit is for two water impoundments, 13E and 13W, not to exceed 3.3 -acres in size and storage capacity not to exceed 121,480 Barrels of produced water. In addition, the Board of County Commissioners August 17, 2015 OXY Pond 13 East/West — LPAA8369 21.47 -acre project area is approved for two storage facilities as indicated on the approved site plan for a total area of 3.03 -acres. No hazardous material or fuel storage is permitted within the facility. Prior to Issuance of the LUCP 4. Prior to issuance of the Land Use Change Permit, the Applicant shall provide a supplement to the Traffic Analysis utilizing the 2011 Road & Bridge Traffic Counts and updating the report as appropriate to include traffic generated by the storage areas. 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 Garfield County. 5. 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. 6. Condition deleted. 7. Prior to issuance of the Land Use Change Permit, the Applicant shall provide a statement by a qualified professional or representative of the Applicant confirming the adequacy of the access road to serve the site. A waiver from Article 7, Roadway Standards is approved pursuant to the approval criteria contained in Section 4-118 of the Land Use and Development Code, subject to compliance with the above requirement. 8. Prior to issuance of the Land Use Change Permit, the Applicant shall obtain the proper building permits for structures on the site, including existing/proposed fencing that shall consist of a minimum of a 7 -foot chain-link fence capable of preventing elk and deer from entering the pit; concurrently it should have a small mesh type of fencing along the bottom of the fence (buried on - foot below grade level and extending a minimum of two -feet above grade capable of preventing small animals from entering between the gaps (gaps should be no larger than three -inches). 9. Prior to issuance of the Land Use Change Permit, the Applicant shall provide specifications and details for the proposed liners and leak detection systems of the ponds subject to review by Garfield County. 10. Prior to issuance of the Land Use Change Permit, the Applicant shall provide a Drainage and Erosion Control Plan that includes analyzes the 21.47 -acre project area including sufficient detail to determine how site runoff is directed on the site and includes additional BMPs in areas of concentrated flow. This plan shall be reviewed for sufficiency by Garfield County. 1 I. Prior to issuance of the Land Use Change Permit, the Applicant shall provide a signed and stamped Drainage Report prepared by an engineer that satisfies the requirements of Section 7-204 of the 2013 Land Use and Development Code and includes documentation on the source of the runoff calculation intensities as well plans indicating how water will drain around the impoundments and storage areas (including grading plans). The Applicant shall provide information related to how the levels in the ponds will be monitored and management concerning items such as active water level, 41 Board of County Commissioners August 17, 2015 OXY Pond 13 East/West — LPAA8369 precipitation, freeboard, overflow level, etc. This information, once submitted shall be reviewed by Garfield County for compliance with code standards and BMP's. 12. Prior to issuance of the Land Use Change Permit the Applicant shall provide information regarding total amount of site disturbance related to proposed improvements and provide a revegetation security based upon $2,500.00 per acre of revegetated area if the amount of disturbance is greater than one-half (1/2) acre. 13. Prior to issuance of the Land Use Change Permit the Applicant shall provide a Soil Plan that provides for soil cover if any topsoil stockpiles will site exposed for a period of ninety days or longer. Wildlife Conditions 14. The Applicant shall comply with the following Colorado Parks and Wildlife recommendations regarding protection of wildlife: A. Night Lighting should be of the full -cutoff type and/or timed or otherwise minimized to reduce disruption to wildlife. B. The Applicant shall install bear -proof trash containers at this facility and workers shall be advised that feeding bears is a prohibited activity. C. The wastewater pit(s) should be adequately protected to ensure that waterfowl and other birds are prevented — excluded — from entering or coming in contact with water in the pit(s). Adequate protection may include netting (preferred by CPW and USFWS), RADAR triggering noise deterrents, floating cover, or other device that is a demonstrably proven method of avian deterrent. Unacceptable methods including flagging, floating 4 inch hollow plastic balls, decoy predators, or other sight deterrents, reflectors, strobe lights, or zon guns (sonic blast). See the USFW web page for additional guidance at http://www.fws.Rove/mountain- prairie/fontaminants/contaminantslc.html . D. Construction activities (on a daily basis, continuous, intermittent loud noise) such as heavy equipment operations (backhoes, bulldozers, generator, and heavy trucks) and or intensive human activities should occur outside of the time period from March 1 to June 30 to minimize impacts to greater sage -grouse production areas. Construction activities include earth moving and or pit liner removal or installation. E. CPW shall be notified immediately if any birds and/or wildlife are found dead or trapped within or around the pit, netting, or fences. F. Following the completion of construction activities, newly exposed soils should be revegetated as soon as possible to prevent erosion and to reduce the likelihood of non-native plants becoming established in the area. Seed mix used for revegetation should be certified as weed - free and consist of native seeds from plants that are common to the area. G. To reduce the likelihood of truck — wildlife collisions, proper speed limits (<25 mph) should be posted and enforced on all service roads. Board of County Commissioners August 17, 2015 OXY Pond 13 East/West — LPAA8369 Other 15. Any future air quality permits for this facility shall be provided to the County upon issuance by CDPHE. 16. The applicant shall conduct on-site weed inventory in the spring or early summer of 2014 and provide the information to the County Vegetation Manager by June 30, 2014,. II. BOARD OF COUNTY COMMISSIONERS DELIBERATION AND DECISION This approval will supersede and replace in its entirety prior approvals granted by the Board of County Commissioners in Resolution 2014-07 therefore the original conditions, Tess condition 6 are included in this report and attached resolution. Upon elimination of Condition 6 the Applicant has satisfied conditions required prior to issuance of the Land Use Change Permit. Upon signature of the proposed resolution contained in Exhibit F a Land Use Change Permit can be issued. Staff requests that the Board include a motion regarding authorization for the Chairman to sign these documents should be Board approve this request. 6 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 I71h day of August A.D. 20I5, there were present: John Martin Mike Samson Tom Jankovsky Kevin Batchelder Tari Williams Kelly Cave Jean Alberico , Commissioner Chairman , Commissioner , Commissioner , Acting County Manager Acting County Attorney Assistant County Attorney , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. A RESOLUTION OF APPROVAL FOR AN AMENDMENT TO A LAND USE CHANGE PERMIT FOR TWO WATER IMPOUNDMENTS KNOWN AS 13E AND 13W, AND STORAGE OF MATERIAL, EQUIPMENT AND SUPPLIES ON A SITE OWNED BY OXY USA WTP, LP. THE 640 -ACRE SITE IS LOCATED IN SECTION 4, TOWNSHIP 6 SOUTH, RANGE 97 WEST OF THE 6TH P.M., GARFIELD COUNTY PARCEL NO# 2169-044-00-003 Recitals A. The Board of County Commissioners of Garfield County, Colorado, (Board) received a request for an amendment to a conditional approval granted by the Board in Resolution 2014- 07 to remove a Condition 6. Of that resolution. This approval allows two existing Water Impoundments and two proposed Storage areas for material, equipment and supplies including operation of the facility to store a maximum of 121,480 BBLs of produced water in the two water impoundments and storage area not to exceed 3.03 -acres within the 21.47 -acre project area as shown in the site plan attached as Exhibit A. B. This facility is located within a 640 -acre parcel of land owned by OXY USA WTP, LP as described in a General Warranty Deed at Reception Number 713681 in the records of the Garfield County Clerk and Recorder. 1 C. The subject property is located within unincorporated Garfield County in the Resource Lands (Plateau) zone district, north of the Town of DeBeque. D. Water Impoundment and Storage may be permitted in the Resource Lands (Plateau) zone district with Limited Impact review. E. The Board is authorized to approve, deny or approve with conditions an amendment to the Limited Impact application which will result in issuance of a Land Use Change Permit pursuant to the 2013 Land Use and Development Code. F. The Board of County Commissioners opened a public hearing on the 17th day of August, 2015 for consideration of whether the proposed amendment to the 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 continued the public hearing to the I7th day of August, 2015 to obtain and review additional information related to the request. H. The Board of County Commissioners closed the public hearing on the 17th of August, 2015 to make a final decision. J. The Board on the basis of substantial competent evidence produced at the aforementioned hearings, 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. That 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, and upon compliance with conditions of approval, the amendment to the Land Use Change Permit for two (2) Water Impoundments, 13E and 13W, and Storage of Equipment, Material and Supplies, is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That, upon compliance with conditions of approval, the application is in general conformance with the Comprehensive Plan 2030, as amended. 5. That, upon compliance with conditions of approval, the application is in conformance with the 2013 Land Use and Development Code. 7 RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. B. This resolution shall supersede and replace in its entirety any approvals granted in Resolution 2014-07. C. The Land Use Change Permit for a for two (2) Water Impoundments, 13E and 13W, and Storage of Equipment, Material and Supplies is hereby approved subject to compliance with the following conditions: 1. That all representations made by the Applicant in the application and public hearing shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. That the facility shall operate in compliance with all applicable Federal, State, and local regulations governing the operation of this type of facility. 3. The land use change permit is for two water impoundments, 13E and 13W, not to exceed 3.3 - acres in size and storage capacity not to exceed 121,480 Barrels of produced water. In addition, the 21.47 -acre project area is approved for two storage facilities as indicated on the approved site plan for a total area of 3.03 -acres. No hazardous material or fuel storage is permitted within the facility. Prior to Issuance of the LUCP 4. Prior to issuance of the Land Use Change Permit, the Applicant shall provide a supplement to the Traffic Analysis utilizing the 2011 Road & Bridge Traffic Counts and updating the report as appropriate to include traffic generated by the storage areas. 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 Garfield County. 5. 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. 6. Condition deleted. 7. Prior to issuance of the Land Use Change Permit, the Applicant shall provide a statement by a qualified professional or representative of the Applicant confirming the adequacy of the access road to serve the site. A waiver from Article 7, Roadway Standards is approved 3 pursuant to the approval criteria contained in Section 4-118 of the Land Use and Development Code, subject to compliance with the above requirement. 8. Prior to issuance of the Land Use Change Permit, the Applicant shall obtain the proper building permits for structures on the site, including existing/proposed fencing that shall consist of a minimum of a 7 -foot chain-Iink fence capable of preventing elk and deer from entering the pit; concurrently it should have a small mesh type of fencing along the bottom of the fence (buried on -foot below grade Ievel and extending a minimum of two -feet above grade capable of preventing small animals from entering between the gaps (gaps should be no larger than three -inches). 9. Prior to issuance of the Land Use Change Permit, the Applicant shall provide specifications and details for the proposed liners and leak detection systems of the ponds subject to review by Garfield County. 10. Prior to issuance of the Land Use Change Permit, the Applicant shall provide a Drainage and Erosion Control Plan that includes analyzes the 21.47 -acre project area including sufficient detail to determine how site runoff is directed on the site and includes additional BMPs in areas of concentrated flow. This plan shall be reviewed for sufficiency by Garfield County. 11. Prior to issuance of the Land Use Change Permit, the Applicant shall provide a signed and stamped Drainage Report prepared by an engineer that satisfies the requirements of Section 7-204 of the 2013 Land Use and Development Code and includes documentation on the source of the runoff calculation intensities as well plans indicating how water will drain around the impoundments and storage areas (including grading plans). The Applicant shall provide information related to how the levels in the ponds will be monitored and management concerning items such as active water level, precipitation, freeboard, overflow level, etc. This information, once submitted shall be reviewed by Garfield County for compliance with code standards and BMP's. 12. Prior to issuance of the Land Use Change Permit the Applicant shall provide information regarding total amount of site disturbance related to proposed improvements and provide a revegetation security based upon $2,500.00 per acre of revegetated area if the amount of disturbance is greater than one-half (1/2) acre. 13. Prior to issuance of the Land Use Change Permit the Applicant shall provide a Soil Plan that provides for soil cover if any topsoil stockpiles will site exposed for a period of ninety days or longer. Wildlife Conditions I4. The Applicant shall comply with the following Colorado Parks and Wildlife recommendations regarding protection of wildlife: 4 A. Night Lighting should be of the full -cutoff type and/or timed or otherwise minimized to reduce disruption to wildlife. B. The Applicant shall install bear -proof trash containers at this facility and workers shall be advised that feeding bears is a prohibited activity. C. The wastewater pit(s) should be adequately protected to ensure that waterfowl and other birds are prevented — excluded — from entering or coming in contact with water in the pit(s). Adequate protection may include netting (preferred by CPW and USFWS), RADAR triggering noise deterrents, floating cover, or other device that is a demonstrably proven method of avian deterrent. Unacceptable methods including flagging, floating 4 inch hollow plastic balls, decoy predators, or other sight deterrents, reflectors, strobe lights, or zon guns (sonic blast). See the USFW web page for additional guidance at http://www.fws.tove/mountainprairie/fontaminants/contaminants I c.html . D. Construction activities (on a daily basis, continuous, intermittent loud noise) such as heavy equipment operations (backhoes, bulldozers, generator, and heavy trucks) and or intensive human activities should occur outside of the time period from March I to June 30 to minimize impacts to greater sage -grouse production areas. Construction activities include earth moving and or pit liner removal or installation. E. CPW shall be notified immediately if any birds and/or wildlife are found dead or trapped within or around the pit, netting, or fences. F. Following the completion of construction activities, newly exposed soils should be revegetated as soon as possible to prevent erosion and to reduce the likelihood of non- native plants becoming established in the area. Seed mix used for revegetation should be certified as weed -free and consist of native seeds from plants that are common to the area. G. To reduce the likelihood of truck — wildlife collisions, proper speed limits (<25 mph) should be posted and enforced on all service roads. Other 15. Any future air quality permits for this facility shall be provided to the County upon issuance by CDPHE. 16. The applicant shall conduct on-site weed inventory in the spring or early summer of 2014 and provide the information to the County Vegetation Manager by June 30, 2014. Dated this day of , A.D. 20 5 ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Clerk of the Board Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY STATE OF COLORADO ) )ss County of Garfield ) , Aye/Nay , Aye/Nay , Aye/Nay 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 CIerk of the Board of County Commissioners EXHIBIT A • 1 4 ittrie 4' AY L �+ 1 • ,•*RI '#!li /ter li _ ,,,,:;-,-,.,,--:..::- 3� r yi /�--f:; r•~� - ,�.iI• i •E.:.�'s I.J' /.• icy; /':i • it ' '` r }" fr1 1} �E'�I/`�f„ f I. t '''''....\41" d T * r. ,F 't rt. l 7111140r! :i g9 _11' 1 ;!I !; pl giI4 i 4, - For 4.01 0.1,. 111 7 LAND USE CHANGE PERMIT for EXHIBIT 1 C� A 640 -acre parcel of land owned by OXY USA WTP LP located approximately 15 Miles north of DeBeque in Section 4, Township 6 South, Range 97 West of the 6r" P.M. and legally described in a deed found at Reception Number 759939 in the records of the Clerk and Recorder, Garfield County (Assessor's Parcel No. 2169-044-00-003) In accordance with and pursuant to provisions of the Garfield County Land Use and Development Code, as amended, and Resolution No. 2015- of the Board of County Commissioners of Garfield County, State of Colorado, the following activity is hereby authorized by Land Use Change Permit: Two water impoundments and with a total maximum capacity of 121,480 BBLs of produced water and two storage areas not to exceed 3.03 -acres with the 21.47 -acre project area as shown on the site plan attached as Exhibit "A" (L!PA —7864) This Land Use Change 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 Land Use and Development Code, as amended, Building Code, and other regulations of the Board of County Commissioners of Garfield County, Colorado. GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS, GARFIELD COUNTY, COLORADO Chairman Date ATTEST: Clerk of the Board