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HomeMy WebLinkAbout15.0 Resolution 2014-411111 rvilinfin ci iu ti Ili 1111 Reception#: 852244 08/06/2014 10:14:41 AM Jean Alberico 1 of 7 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 Administration Building, in Glenwood Springs on Monday, the 14th day of July A.D., 2014, there were present: John Martin (absent) Mike Samson Tom Jankovsky Frank Hutfless (absent) Kelly Cave Jean Alberico Andrew Gorgey (absent) Kevin Batchelder , Commissioner Chairman , Commissioner , Commissioner County Attorney , Assistant County Attorney , Clerk of the Board County Manager Assistant County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO.(91 -41 A RESOLUTION OF APPROVAL FOR AN ADMINISTRATIVE REVIEW LAND USE CHANGE PERMIT FOR A SMALL INJECTION WELL ON A 78.25 ACRE PROPERTY LOCATED 3h MILE SOUTHWEST OF BATTLEMENT MESA IN SECTION 24, TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE 6TH P.M., GARFIELD COUNTY PARCEL NO#2409-244-00-124 Recitals A. An Administrative Review Land Use Change Permit Application for a Small Injection Well was submitted to the Garfield County Community Development Department as further described in Exhibit A, Site Plan (File No. GAPA-7835). B. The Small Injection well known as the Ursa Speakman A Injection Well is located on approximately 4.6 acres within an overall 78.25 acre parcel of land owned by James Speakman and Monique Speakman. The property is further described in Exhibit B, Legal Description. C. The subject property is located within unincorporated Garfield County in the Rural zone district, approximately 3/4 mile southwest of Battlement Mesa at approximately 5242 County Road 300. 1 1111MraUTI14411141 %'« 'rii.111 1titF.11101N011liiiii11111 Reception#: 852244 09/06/2014 10:14:41 AM Jean Alberico 2 of 7 Rec Fee:$0.00 Doc Fee:0.O0 GARFIELD COUNTY CO D. A small injection well may be permitted in the rural zone district with an Administrative Review Land Use Change Permit. E. The Director of the Community Development Department is authorized to approve, deny, or approve with conditions an Administrative Land Use Change Permit application pursuant to the Land Use and Development Code of 2013, as amended (Code). F. The Director Issued a Director's Decision letter on May 30, 2014, for approval with conditions for the Ursa Speakman A Injection Well. G. In response to a request for call-up received from property owners in the Battlement Mesa area, the Garfield County Board of County Commissioners (Board) determined, by a majority vote at a public meeting held on June 9, 2014, to exercise its authority to call-up the application at a scheduled Board public hearing on July 14, 2014. H. The Board is authorized to approve, deny or approve with conditions an Administrative Review Land Use Change Permit pursuant to the call-up provisions contained in Section 4-112 of the Code. I. The Board of County Commissioners opened a public hearing on the 14th day of July, 2014 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. J. The Board closed the public hearing on the 14th day of July, 2014, to make a final decision. K. 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. 2. The hearing before the Board was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at a the meeting. 3. For the above stated and other reasons, the proposed Land Use Change Permit for the Ursa Speakman A Injection Well 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. 2 1111 Par MLIfiYiki,rlihiri+iilrfrihi iiiyh 11 III Recept i on$t : 852244 08/06/2014 10:14:41 AM Jean Alberico 3 of 7 Reo Fee:$0.00 Doc Fee:O 00 GARFIELD COUNTY CO 5. That with the adoptions of conditions the application has adequately met the requirements of the Code. 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. The Administrative Review Land Use Change Permit for a Small Injection Well, also known as the Ursa Speakman A Injection Well, 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 conditions of approval of the Board. 2. That the Ursa Speakman A Injection Well shall be operated 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 updated drainage information and/or designs adequate to address the referral comments from the County's Consulting Engineer, Chris Hale. 4. Prior to issuance of the Land Use Change Permit, the Applicant shall provide an updated site plan including designation of truck circulation areas within the well pad to be used for truck delivery traffic. The site plan shall also address circulation patterns to be implemented when active drilling and placement of a drill rig on the well pad occurs. 5. Prior to issuance of the Land Use Change Permit, the Applicant shall provide an updated dust control plan for the site and access roads with more specifics on the timing of watering and application of dust suppressing chemicals. The plan shall include the well pad area surrounding the injection well facilities. 6. The facility shall maintain compliance with CDPHE Storm Water Management Permits, Drainage and Grading Plans, and Reclamation and Erosion Control Plans for the site. 7. The Applicant shall maintain all required COGCC permits and forms for the facility and shall comply with all conditions or requirements of said permits and forms. 8. The facility shall maintain compliance with COGCC Noise Standards/Regulations and 3 1111 iiiri. lkls1.11td, �LN 14 iSJ: litiii 11111 Reception#: 852244 08/06/2014 10:14:41 AM Jean Alberico 4 of 7 Rec Fee:$0.00 Doc Fee:0 00 GARFIELD COUNTY CO the facility shall be required to utilize an electric pump as represented. 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 professional to confirm compliance. 9. The Applicant shall comply with all SPCC Plan provisions and shall keep the plan current and updated for any changes to the facility. 10. As represented in the Application, the facility shall have only termporary Lighting for unscheduled night time maintenance. All lighting shall comply with Section 7-304, Lighting Standards, 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. 11. The Emergency Response Plan shall be updated to include a section on response to and prevention of field or wild land fires. Separation between the injection well pad facilities and native vegetation at the perimeter of the site shall be maintained. 12. The Applicant shall maintain all required CDPHE permits for the facility including any applicable air quality APEN permits. 13. The Applicant shall comply with the referral comments from Colorado Parks and Wildlife (CPW), including compliance with the Battlement Mesa Wildlife Mitigation Plan. Said plan and agreement between Ursa Operating Company and CPW includes a Iimitation on trucking to between the hours of 10:00 a.m. and 3:00 p.m., when and where possible, compliance with COGCC Noise Regulations and use of bear proof trash containers for all food related trash. 14. The Applicant shall comply with the access representations and Traffic Report including limiting trucking to the designated haul route and the limitation to a maximum of 20 daily water truck deliveries to the facility. The haul route is defined by the two maps in the Applicant's Traffic Study. The access map (I-70 to Speakman Pad) and the haul route map (Speakman Pad to Watson and Monument Ridge Pads) shall be considered the haul route. The daily trucking limitation may be calculated based on a weekly average to account for minor operational variations. Trucking of water to the site shall utilize watertight tanks and shall comply with all COGCC or CDOT requirements for hauling of production water. 15. The Applicant and property owner shall provide the County with a plan for minor re- grading and re -seeding of disturbed portions of the Speakman property outside of the Injection Well facility. Said plan, including timing for completion, shall be subject to approval by the County Vegetation Manager. 4 1I11POrdrIliV1iiili.11ER4ihill aY1K Ill 11 Reception#: 852244 08(06/2014 10:14:41 AM Jean Alberlco 5 of 7 Rec Fee:50.00 Doc Fee 0.00 GARFIELD COUNTY CO Dated this ( day of .66,1 14± ATTEST: Cl Vii' of the Board , A.D. 20 Of . GARFIELD COUNTY BOARD OF OMMISS . '' GARFIELD UNTY, Upon motion duly made and seconded the fore following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY STATE OF COLORADO ) )ss County of Garfield ) , Absent , 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. 20 . County Clerk and ex -officio Clerk of the Board of County Commissioners 5 11111 Nrdri11101 1 11111 Reception#: 852244 08/06/2014 10:14:41 AM Jean Alber ice 6 of 7 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A SITE PLAN Site Plan Speakman A Pad JW I/4 OtThc SEI/4, The NE1/4 Of The SEI/4 & A Portion Of the NEI/4 Of the SW1/4. ', T e' ;ection 24, Township 7 South, Range 96 West, /,�-' .g��_e,; Of the 6th Principal Meriden. .// i I / a: County Of Garfield, State Of Colorado / /, " / / n°' _ / / / SS/. L \ / \ A \ \\ •l'P \\ \��` ' .— \ 4r \ \ %-^p:..,... .,,. \ \ Qyr \ \ V. Net '1.1.1 4, 1 \ ./11( r,.n -i ll to .../ \ \ `\ \ M 0 q • . ••:. • '.1:$ \ \ . /' • \ .?3. . \ \ II 1 \ \ \ • • 1 -�•j N. y---p.pr1 Woe AMII•1 12 Ml• 10.0 • \ sa. MII•11..• •.,..1 S., Is.l -- Nov. LIF'.••• 1.. Gnphn Seek 1 BIW) 4 Wlf N.C. nop xl. u••• M >••rtiM1 M •. t& timl M . 4�. MI +w•I `• 11 t f"'n. fq• AC -Ncc. ,.. 6 • Nil,h11,1M/ a14/1 N Kiri l ■iii 1 Receptiontt: 852244 08/0612014 10:14:41 AM Jean Alberico 7 of 7 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO LegaLDescription: EXHIBIT B LEGAL DESCRIPTION Section: 24 Township: 7 Range: 96 SEC 24 NWSEN NESE, THAT PORTION OF THE NESW LYING S. OF THE CO_ RD. EXCEPT A TR OF LAND CONT. 16.75 AC +1- AS DESC IN BNDY LINE AW PLAT REC # 759297 & AFFDAVIT REC # 759296 & OCD REC # 759295.