HomeMy WebLinkAbout5.0 Resolution 20012-89no I'ammoicwhI inciamciria 11111
Recept ionto : 826791
1110912012 02,21:12 PM 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 8th day of October A.D. 2012, there were present:
John Martin
Mike Samson
Tom Jankovsky
Carey Gagnon
Jean Alberico
Andrew Gorgey
, 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. &OI -
A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR A
MATERIAL HANDLING - WATER IMPOUNDMENT FACILITY, ON AN 88.7 ACRE
PROPERTY OWNED BY ENCANA OIL AND GAS (USA) INC. LOCATED
APPROXIMATELY 3 MILES NORTHWEST OF THE TOWN OF PARACHUTE IN
SECTIONS 33 AND 34, TOWNSHIP 6 SOUTH, RANGE 96 WEST OF THE 6TH P.M.,
GARFIELD COUNTY
PARCEL NO# 2177-331-00-020
Recitals
A. The Board of County Commissioners of Garfield County, Colorado ("Board")
received a request for a Land Use Change Permit to allow for a Material Handling - Water
Impoundment Facility as further described in Exhibit A, Site Plan.
B. The Encana South Middle Fork Water Impoundment Facility is located on
approximately 20.5 acres of an 88.7 acre parcel owned by Encana Oil and Gas (USA) Inc. The
ownership of this property is described in a Special Warranty Deed found at Reception Number
655347 in the records of the Garfield County Clerk and Recorder.
C. The subject property is located within unincorporated Garfield County in the Resource
Lands - Gentle Slopes zone district, approximately 3 miles northwest of the Town of Parachute,
off of County Road 215.
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D. Material Handling Water Impoundment Facilities may be permitted in the Resource
Lands — Gentle Slopes 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 Permit pursuant to the Unified
Land Use Resolution of 2008, as amended ("ULUR").
F. The Board opened the public hearing on the 10th day of September, 2012 for
consideration of the Land Use Change Permit and, consistent with the Applicant's request,
continued the public hearing to October 8, 2012, without taking any testimony.
G. The Board continued the public hearing on the 8th day of October, 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 closed the public hearing on the 8th day of October, 2012 to make a final
decision.
I. 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 of County Commissioners.
2. 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 the proposed Land Use Change Permit
for Material Handling — Water Impoundment Facility related to the South Middle
Fork Project 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.
5. That with the adoption of conditions, the application has adequately met the
requirements of the ULUR.
RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that:
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Reception: 825791
11/09/2012 02:21:12 PM Jean Alberico
3 of 7 Rsc Fse:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
A. The forgoing Recitals are incorporated by this reference as part of the resolution.
B. The Land Use Change Permit for Material Handling — Water Impoundment for the
Encana Oil and Gas (USA) Inc. South Middle Fork Facility is hereby approved 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. The operation of this facility and any future amendments shall be done in accordance
with all applicable Federal, State and Local regulations governing the operation of this
type of facility including air quality and water quality provisions.
3. The Applicant shall maintain compliance with the provisions of Section 7-810 of the
Unified Land Use Resolution of 2008 as amended including but not limited to potential
nuisance impacts. Compliance with County and State noise restrictions shall be required
and future mitigation may be required if noise complaints and compliance issues are
noted once the facility is operational.
4. Revegetation of disturbed areas shall be completed as represented in the Application
submittals and County reclamation standards. Security for revegetation shall be provided
in accordance with the County Vegetation Manager's Referral Comments dated August
23, 2012 and prior to issuance of the Land Use Change Permit. Compliance with long
term reclamation plans contained in the Application shall be required.
5. During the construction phase the Applicant shall provide temporary potable water,
portable toilets, storm-water/soil erosion management as needed for site disturbance, and
shall provide for secure storage and/or daily removal of any trash or refuse from the site.
6. The Applicant's waiver request to allow long term water and waste water service by a
vault and haul system shall be approved provided the number of employees consistently
working on site does not increase from the representations contained in the Application.
Said waiver shall also be conditioned on ongoing use of licensed haulers, periodic
cleaning and disinfection of tanks.
7. Compliance with the recommendations of the Applicant's environmental consultant West
Water Engineering contained in their Biological and Mitigation Reports dated April
2012) shall be required. Fencing shall meet Colorado Parks and Wildlife standards.
8. The Applicant shall confirm in writing with Xcel Energy that power is available to the
facility or shall update site plans and noise analysis with information on proposed
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generators. Noise compliance for the pump house shall be required in accordance with
County and State noise restrictions and Condition #3.
9. Compliance with the Grand Valley Fire Protection Districts comments (dated August 22,
2012) including but not limited to updating the contact information on the Emergency
Response Plan and a request for a preplanning site visit once the facility is constructed.
10. Prior to issuance of a building or grading permit and prior to any construction activity,
the Applicant shall obtain an access permit from the County Road and Bridge
Department for the relocated and expanded access and appropriate permits for the
construction of the proposed turning lanes within the County's right-of-way for County
Road 215. The Applicant shall provide verification of approval of the final
plans/engineering by the County Engineer and/or Road and Bridge Supervisor including
adequate truck turning radius for access into the site. Prior to initiating construction the
Applicant shall contact the Road and Bridge Department and shall comply with all
County requirements for construction management and traffic control during construction
of the facility and upgraded access. All access improvements shall be completed prior to
operation of the facility.
11. Prior to issuance of the Land Use Change Permit, the Applicant shall provide additional
information/documentation on pipeline locations and permitting to demonstrate that the
overall operation of the facility including transportation of water to the facility is in
compliance with the County Regulations.
12. Compliance with the Applicant's Stormwater Management Plan and CDPHE Stormwater
Discharge Permits shall be required including erosion control and best management
practices.
13. Implementation of the Applicant's Dust Control Plan shall be required. Any additional
CDPHE Air Quality or Construction Permitting as may be required for the operation of
the facility shall be provided.
14. The Applicant shall update existing SPCC Plans as required by the COGCC. The
Applicant shall provide the County with copies of said plans as soon as approved.
15. Copies of all COGCC Forms and Permits (including Form 28) applicable to the facility
shall be provided to the County upon approval or issuance by the COGCC and prior to
operation of the facility. Compliance with all COGCC fencing, lining, leak detection,
monitoring well, and high level monitoring/alarms shall be required.
16. Lighting shall comply with County standards including down direction of any fixtures
and orientation internal to the site.
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17. Prior to issuance of the Land Use Change Permit the Applicant shall provide the
following additional technical analyses which shall be reviewed by the County's
Consulting Engineer and found to acceptable:
a. An updated flood plain analysis demonstrating that the site is outside of any
significant flood threat, design and implementation of any recommended flood
protection, and finding that site is appropriate for the proposed development.
b. A draft SPCC Plan shall be provided for County review demonstrating steps to be
taken to avoid any spill affecting Parachute Creek including that which might occur as
the result of flooding.
c. An updated Geotechnical Investigation regarding pond design and ground water
implications including additional ground water measurements, engineering design
recommendations to mitigate concerns related to ground water, verification of adequate
protection of ground water, and a finding that the site is appropriate for the proposed
development.
d. An updated drainage engineering supplement and plans including drainage
calculations and required storm water detention determinations.
18. The facility shall be limited to storage of water only from Encana wells.
19. The site plan shall be updated to show all power line easements across the site, and any
relocation if necessary. A legal survey description of the area of the facility shall also be
included on the site plan and stormwater improvements encroaching onto adjoining
properties relocated onto the site or easement for said improvements obtained.
20. The Application shall be updated to demonstrate that the use of the site for temporary
storage of Frac Tanks is consistent with the Application, clarify the purpose and duration
of said storage and demonstrate compliance with any requirements for secondary
containment and inclusion in SPCC Plans.
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Dated this day of , A.D. 20 / a-- .
ATTEST:
-gym
rk of the Board
GARFIELD C • TY BOARD OF
COMMIS' ONER' , GARFIELD
DO
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1111 W411110.MILIN NAIMIANCIEMPIOniNlii 11 III
Reception#: 826791
11/0912012 02:21:12 PM Jean Rlberico
6 of 7 Rec Fee:50.00 Doc Fee:0.00 GARFIELD COUNTY CO
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
, 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
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EXHIBIT "A"
SITE PLAN
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