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HomeMy WebLinkAbout3.0 Director's Determination 08.21.2020GøffieId Coúlnty Community Development Department August 21,2020 Bryan Hotard Terra Energy 1058 County Road 215 Parachute, CO 81635 RE: Director's Decision Terra Energy - Kokopelli Compressor (GAPA-04-20-8785) Dear Bryan, This letter is in regard to the Director's Decision for your Administrative Land Use Change Permit Application for a booster compressor located approximately 4 miles east of the Town of Silt and 4 miles west of the Town of New Castle. The physical address of the property is 1080 County Road 335, Silt, CO 81652 and the Parcel No. is 2181-172-00-086. Your Application has been reviewed in accordance with the Administrative Review procedures contained in the Land Use and Development Code as amended. Said provisions require a Decision by the Director of the Community Development Department on whether to approve, approve with conditions, or deny the request. The Director's Decision is based on the following findings 1) That proper public notice was provided as required for the Director's Decision. 2) Consideration of the Application was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were given the opportunity to provide input prior to the Director's Decision. 3) That for the above stated and other reasons the proposed Land Use Change Permit for the Kokopelli Booster Compressor 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 1 conformance with the 2030 Comprehensive Plan, as amended 5) That with the adoptions of conditions and approval of a waiver regarding hours of operation and roadway standards, the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. The Director's Decision is hereby issued approving the Application subject to the following conditions: 1) All representations made by the Applicant in the application shall be conditions of approval unless specifically altered by these conditions of approval. 2) The Kokopelli Booster Compressor shall be operated in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility. 3) The facility shall maintain compliance with all applicable CDPHE permits, including but not limited to, SPCC Plans and air quality permits (APEN permit) for the site. 4) The Applicant shall maintain compliance with all required COGCC permits and forms for the facility. a) Prior to operation of the facility the Applicant shall supply Garfield County Community Development with a demonstration that all required COGCC and CDPHE permits have been issued. 5) The facility shall maintain compliance with COGCC and County Noise Standards and Regulations. Within 30 days of initiating operation of the booster compressor the Applicant shall provide on-site noise readings to confirm compliance with the noise requirements. lf compliance is not confirmed or if future compliance issues are identified, the Applicant shall provide additional noise mitigation in order to achieve compliance and may be subject to further noise testing. 6) The facility shall comply with Garfield County lighting requirements in Section 7-304 including, but not limited to that exterior lighting is downcast and shielded. 7) Prior to the issuance of the certificate of occupancy for the building, the applicant shall be required to install a Knox Padlock on the access gate, as required by Colorado River Fire Rescue. 8) The operation of the facility shall comply with industry standards regarding fire protection, fire detection, and fire extinguishers. 2 g) The installation and construction of the facility shall meet the following timeframes a) The Applicant shall install the facility in compliance with Colorado Parks and Wildlife recommendations including requirements that construction and installation of the facility occurs outside the December 1st to April 30th big game winter period if possible. lf activity does occur within the wintertime period vehicle traffic shall be restricted from 1Oam-3pm. b) The Applicant shall install the facility according to recommendations provided within the WestWater Engineering Report dated July 2019. The report recommends that project construction shall be completed outside of the nesting season, which is considered May 15 to July 15 for species in this atea. The Land Use and Development Code requires notification to the Board of County Commissioners for their review and potential call-up of the Director's Decision. The Board review is for a period of 10 calendar days commencing on the date of the Director's Decision. Once the call-up period has passed with no request for review or public hearing and provided all relevant conditions of approval have been resolved, the Land Use Change Permit will be issued. Pursuant to the Land Use and Development Code, the Applicant has one year from the date of the Director's Decision to satisfy all conditions of approval or request an extension. Please contact the Community Development Department if you have any questions regarding the Director's Decision and the conditions of approval. Sincerely, Sheryl , AICP Di cc r, Community Development Department oard of County Commissioners 3