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Home My WebLink About4.0 Resolution 2011-32.pdf1111 ~lr"• ~:n,~II,WM~i11Wri.WI1'1:1'1\\.I~~ ~~~~ IIIII Receptlonij; 803900 06/14/2011 11:51:10 AM Jean Alberico 1 of 6 Reo Fee:$0.00 Doc Fee:0.00 GARFJELD 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 Conunissioner' s Meeting Room, Garfield County Plaza Building, 108 glh Street, in Glenwood Springs, Colorado, on Monday the 61h day of June, 2011 there were present: John Martin Commissioner Chairman Mike Samson Commissioner Tom Jarikovsky . Commissioner Carey Gagnon , Assistant Countv Attorney Jean Alberico . Clerk of the Board Ed Green (absent) , Countv Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 2 011-3 2 A RESOLUTION CONCERNED WITH THE APPROVAL OF A LAND USE CHANGE PERMIT, FOR A LIMITED IMP ACT REVIEW APPROVAL OF AN AMENDMENT TO AN EXISITING SPECIAL USE PERMIT APPROVED BY RESOLUTION 2009-32 FOR. A COMPRESSOR ,PUMP STATION-MATERIAL HANDING AT THE OXY USA WTP LP, CONN CREEK II COMPRESSOR STATION LOCATED APPROXIMATELY 12 MILES NORTH OF DEBEQUE OFF OF COUNTY ROAD 213, ON PROPERTY OWNED BY OXY USA WTP LP, GARFIELD COUNTY (FILE NO. LIP A-6835) PARCEL NO# 2169-214-00-026 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received an application for a Land Use Change Permit for a Lin:llted Impact Review request to amend an Existing Special Use Permit previously approved by Resolution 2009-32 for a Compressor Pump Station-Material Handling to allow the addition of a Third Compressor Unit on the OXY USA WTP LP property. B. The site is located on approximately 3.83 acres of a 10,303 acre parcel owned by OXY USA WTP LP, located off of a private road which obtains access from County Road 213, approximately 12 miles north of De Beque, CO. 1 II II Ml"o~o ~:rtiV"il,~htlf,ll'IJ lllr.f+\!:l'*l'(,l'iil ~~~~.~~~ IIIII Reception~: 803900 06/14/2011 11:51;10 ~M Jean Alberico 2 of 6 Reo Fee:$0.00 Doc Fee:0.00 GRRFlELD COUNTY CO C. The 3.83 acre site is described in the application documents and located within the parcel described in the attached Exhlbit A and incorporated by this reference. D. The subject property is contained within the Resource Land/Gentle Slopes zoning district and a Land Use Change Permit for a Compressor Pump Station -Material Handling, requires approval through a Limited Impact Review Process by Garfield County. E. The Applicant's request to add a Third Compressor Unit to the facility was reviewed by the Director of the Building and Planning Department in accordance with Section 4- 107 of the Unified Land Use Resolution of 2008, as amended (ULUR) and determined to be a substantial modification as the request would amend an existing condition of approval required by the Board of County Commissioners. Pursuant to Section 4-107 a new application for the proposed use was submitted and reviewed in accordance with the ULUR including but not limited to Section 4-105, Limited Impact Review. F. The Board of County Commissioners is authorized to approve, deny or approve with conditions a: Land Use Change Permit for a Compressor Pump Station-Material Handling, pursuant to Sections 1-301 and 4-105 of the Garfield County Unified Land Use Resolution of 2008, as amended. G. The Board of County Commissioners opened the public hearing on the 6th day of June, 2011 upon the question of whether the Land Use Change Permit application, LIP A 6835, should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the application. H. The Board of County Commissioners closed the public hearing on the 6th day of June, 2011 to make a final decision. I. The Board of County Commissioners 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. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted ·or could be submitted and that all interested parties were heard at that hearing. 3. That for the above stated and other reasons, the Land Use Change Permit for a Compressor Pump Station -Material Handling is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 2 1111 Wj, ~:frlrii,IIP.f~LIIi~ l,r.lflr.lrw.rll' .. lrli ~~~~ IIIII Reeeptlon#: 803900 06/14/2011 11:51:10 RM Jean Rlberico 3 of 6 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 4. That the application, if all conditions are met, will be in conformance with the applicable Sections of the Garfield County Unified Land Use Resolution of 2008, as amended. 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 ofthe resolution. B. The Land Use Change Permit, LIP A 683 5, to allow the addition of a Third Compressor Unit associated with an existing approval for a Compressor Pump Station -Material Handling 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. That the operation of the OXY USA WTP LP facility be done in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility. 3. That the Applicant shall maintain compliance with all existing conditions of approval as contained in Resolution 2009-32 with the exception that Condition #11 is expressly modified to allow the installation of a Third Compressor Unit on the Conn Creek II Compressor Facility in the previously approved compressor building and further that the Applicant may request additional compressor units on this site through the Amendment Process set forth in Section 4-107 of the Unified Land Use Resolution of 2008 as amended. 4. Prior to the issuance of the Land Use Change Permit, the Applicant shall provide a statement assessing the current status of the facility and confirming that it is in compliance with all existing conditions of approval. 5. Prior to operation of the Third Compressor Unit the Applicant shall demonstrate full compliance with all CDPHE permitting requirements including but not limited to any corrections to the existing Permit No. 08GA1157 that may be required. Confirmation of compliance with this condition shall be provided prior to issuance of a certificate of occupancy for the Compressor Building. 3 ·1111 M!'.~.~:rr~~~~Hi'l.ll+•j I•WI-w.lri'I:D\Ill,lf.lj ~~~~ IIIII Reception#: 803900 06114/2011 11:51:10 AM Jean Rlberico 4 of 6 Rec Fee:$0.00 Doe Fee:0.00 GARFIELD COUNTY CO 6. Prior to operation of the Third Compressor Unit the Applicant shall supplement its updated noise analysis with confirmation, from the original noise consultant or a similarly qualified professional, of the estimates that the site will continue to comply with State and County noise limits. Confirmation of compliance with this condition shall be provided prior to issuance of a certificate of occupancy for the Compressor Building. · 7. All equipment and structures associated with this permit shall be painted with non-reflective paint in neutral colors to reduce glare and mitigate any visual impacts. 8. The Applicant shall maintain the required revegetation security bond m accordance with the current approvals for the site. 9. The Applicant shall maintain compliance with the existing weed management plan including management of any weed or thistle problems on the site. 10. The Applicant shall provide road watering and dust control measures on the northern most 0.4 miles of County Road 213 and the private access road, on an as needed basis, which may include an annual magnesium chloride application. Dated this / 3-11: day of ~ • ,A.D.20JL. ATTEST: GARFIELD COUNTY COMMISSIONERS, COUNTY, COLORADO BOARD OF GARFIELD Cl of the Board Upon motion duly made and seconded the fo·~;oitlg--1( following vote: ~C~O~~~S~S~IO~NE~R~C~HAJ~R~J~O~HN~F~·£MAR~~T~IN~------------~,AYE ~co~~~~s~s~IO~NE~R~MrnKE~~SAM~gSO~N~~------------~----'AYE ~CO~~~~s~s~IO~NE~R~T~O~M~J~ANK~~O~V~SK~Y __________________ ~AYE 4 1111 W1. ~:iMI'ii,~~N'~ ~~~~lll(l.mfJfJ,I~~ ~~~ IIIII Recept~on~: 803900 06/14/2011 11:51:10 AM Jean Alberico 5 of 6 Rec Fe~:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) 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 affJxed 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 1111 W.~o ~:IWII.Wirl"'l ~. lw~W.I-tr!:Di1o.l~~~·~ IIIII Rec~tion#: 803900 06/14/2011 11:51:10 AM Jean Alberico 6 of 6 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A OXYLISA INC PARCEL NUMBER 216921400026 LEGAL DESORIPT!ON SEOT,1WN,RNG:21-£-97 DESC: SEC. 4 lOTS 9(40A) 16(40A) W112SW SEC. 5 LOTS 5 DESC: (40.14A)6(40.03A)7(39.91A)8{E 1.62A)9{40A)10(40 DESC: A) 11(40A) 12(40A) 13(40A} 14(40A) 15(40A) 16{40A} DESC: S1/2 SEC. S LOIS 14(E1/2 20A) 15(40A} 16{40A) 17 OESC: (E112 20A} E112W1/2SE, E1/2SE SECS E1/2, E1/2.W1f2, DE:SC: SWNW, W1/2SW SEC 9 ALL SEC 15 Al.l SEC 16 All SEC. DESC: 17 ALL SEC. 18 E1/2, SENW SEC. 19 NE, E112NW, DE.SC: 101/2W112NW, THAT PT OF SESE LYING BELOW THE. MAHG. DESC: MKR.(NET 14.76A) SEC 20 ALL SEC 21 ALL SEC 22 ALL OESC: SEC. 28 N1/2, THAT PT OF THE $1/2 LYING ABOVE THI::ClESC: MAHG>. MKR.(NET 1M.4A) SEC. 29 ALL SEC. 30 THAT PT DESC: OF THE E112 & &N LYING BELOW THE MAHG. MKR{NET 151 OESC: .84A) SEC 311 THAT PT OF LOTS 5,&,7 lYING BELOW THE OESC; MAHG. MKR.(NET 117.73A) SEC32 LOTS 1(54.85A) 2(54, DESC: 85A) 3(54.87A) 4(54.87A) SEC. 33 THAT PT OF LOTS 3 DESC~ LYING ABOVE THE MAHG. MKR.(NET80.27A) SEC. 4-7·97 DESC: THAT PT OF TRS 78,79,80&81 LYING ABOVE MAHG. ,.,.,K~. DESC; (42,7A) SEC . .!i THAT PT OF TRS 80(125.42A) 81(130A} OESC: LYING IN SEC. 5 TR 82(80.05A) 83(80A) SEC. S TR 84 OE:SC: {iSOA) IJS(i &lA) 8S(152.97A) 87(,S.'U3A) SEC7 TR aa DESC; (150A) S9(150A) 90{153.63A) 91(153.73A) AKA PT OF DESC: TRIUMPH 47, PT OF DENVER MINING CLAIMS ~3,4.5,6, PT DESC: OF DERE 2,3,5,6 DENVER 43,44, PT OF DENVER 42,111, DESG: 112 DENVER 45-.52 6K;0652 6