HomeMy WebLinkAbout6.0 Resolution 2010-90.pdfSTATE 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 Courthouse, in Glenwood
Springs on, Monday, the 1~ day ofNovember A.D. 2010, present were:
~Jo~hn!!.UM:'art"""i"'n----------~· Commissioner Chairman
'=M"'ik,e,wS'=am"""s"'o""n-,.-------___ , Commissioner
.._T,_,re""siwi"'-Io"'u"'p"'t ___________ , Commissioner
,D,on,.._,D,e"-Fo,r.,d~--'----------~County Attorney
Carey Gagnon , Assistant County Attorney
,.M""an.,·,.an"""'C"'la,..yt"'o"'n~---------• Clerk of the Board
,E,.d"Gr~ee"'n._,(_,.ab.,s,.e.,ntu) _________ , County Manager
· when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 2010-90
A RESOLUTION CONCERNED WITH THE APPROVAL OF A LAND USE CHANGE
PERMIT AND A CERTIFICATE OF DESIGNATION FOR A SOLID WASTE
FACILITY (PRODUCED WATER RECOVERY OPERATIONS) ON A 40 ACRE
PARCEL OF LAND OWNED BY NE BY NE LLLP. LOCATED IN THE NE '!. NE '!. OF
SECTION 12, TOWNSHIP 7 SOUTH, RANGE 93 WEST OF THE 6TH PM, GARFIELD
COUNTY
PARCEL N0#2403-121-00-084
· Recitals
A. The Board of County Commissioners of Garfield County; Colorado, received an
application for a Land Use Change Permit to allow for the construction and operation of a "Solid ·
Waste Disposal Site and Facility" to treat recovered produced water from natural gas production
on a 40-acre tract of!and owned by NE by NE LLLP. · (Exhibit A-Site Plan)
B. The 40-acre tract is located approximately 4 miles south of the Town of Rifle and% of
a mile northeast of the intersection of County Roads 319 and 322 in the NE Y., of the NE Y., of
Section 12, Township 7 South, Range 93 West of the 6th Principal Meridian, Garfield County.
(Exhibit B -Legal Description)
C. The subject property is within the Rural Zone District and a Land Use Change Permit
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for a Solid Waste Disposal Site and Facility requires a Major Impact,Review Process by Garfield
County.
D. The Planning Commission is · an advisory body to the Board of County
Commissioners on matters including certain land use change permits.
E.· The Planning Commission opened a public hearing on the 13th day of October, 2010
upon the question of whether the Land Use Change Permit application for a Solid Waste
Disposal Site and Facility should be granted or denied, during which hearing the public and
. interested persons were given the opportunity to express their opinions regarding the application.
F. The Planning Comniission closed the public hearing on the 13th day of October, 2010
to make a recommendation to the Board.
G. The Board is authorized to approve, deny or approve with conditions a Land Use
Change Permit for a Solid Waste Disposal Site and Facility pursuant to Sections 1-103, 1-301, 4-
106 and 7-820 of the Garfield County Unified Land Use Resolution of2008, as amended.
H. The Board of County Commissioners opened a public hearing on the I'' day of
November, 2010 upon the question of whether the Land Use Change Permit application for a
Solid Waste Disposal Site and facility should be granted or denied, during which hearing the
public and interested persons were given the opportunity to express their opinions regarding the
application.
I. On November 1, 2010, the Board of County Commissioners also opened and
conducted a public hearing on the question. of whether a Certificate of Designation should be
granted or denied as required by CRS 30-20-104, dirring which hearing the public and interested
persons were given the opportunity to express their opinions regarding the application.
J. The Board of County Commissioners closed the public hearing on the 1" day of
November, 2010 to make a final decision.
K. The Colorado Department of Public Health and Environment has reviewed the
Engineer Design and Operations Plan for the Certificate of Designation for the Solid Waste
Disposal Site and Facility pursuant to CRS 30-20-103 and 6 CCR 1007-2 and has forwarded a
letter of recommendation to approve. (Exhibit C)
L. The Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determinations of fact:
L Proper posting and public notice were provided as required for the public hearing
before the Board of County Commissioners.
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2. The public 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 hearing.
3. That for the above stated and other reasons, the Land Use Change Permit and the
Certificate of Designation for a "Solid Waste Disposal Site and Facility" are in the
best interest of the health, safety, morals, convenience, order, prosperity and welfare
of the citizens of Garfield County.
4. The application has met the requirements for a Major Impact Review (Article IV) and
associated applicable Standards (Article VII) of the Garfield County Unified Land
Use Resolution of2008, as amended.
RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Co lorado, that:
A. The forgoing Recitals are incorporated by this reference as part of the resolution ..
B. The Land Use Change Permit to allow for the construction and operation of a Solid
Waste Disposal Site and Facility on a 40-acre tract ofland owned by NE by NE LLLP is
hereby approved subject to compliance with the following conditions.
C. The Certificate of Designation required by CRS 30-20-103 for the subject Solid Waste
Disposal Site and Facility is hereby approved subject to compliance with the following
conditions and the additional conditions set forth in the letter from the CDPHE dated
October 27, 2010, attached hereto as Exhibit C .
. 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 facility be done in accordance with all applicable Federal, State, and
local regulations governing the operation of this type of facility.
3. The facility shall be operated so that the ground vibration inherently and recurrently
generated is not perceptible, without instruments, at any point of any boundary line of the
property on which the use is located.
4. Site operations shall not emit heat, glare, radiation, dust or fumes which substantially
interfere with the existing use of adjoining property or which constitutes a public nuisance or
hazard.
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5. 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.
6. The volume of sound generated shall comply with the standards set forth in the Colorado
Revised Statotes.
7. All lighting associated with the property shall be directed inward and downward towards the
interior of the property.
8. The applicant shall obtain an approved ISDS permit and install the permitted ISDS prior to
commencing operations. Any Reverse Osmosis treatment system used to treat well water for
human consumption shall discharge the RO reject water to the Evaporative Ponds.
9. The applicant shall obtain approved building, grading, electrical and other building related
permits prior to commencing constroction. The applicant shall follow the requirements of
the 2009 International Building Code (IBC) ..
10. Because potable water demands of the proposed project are estimated to not exceed 140
gallons per week, the applicant shall be able to utilize bottled water as a source of supply for
all potable water uses for the life of the project. Applicant shall provide the County with a
potable water delivery contract demonstrating delivery to the project site of water in an
amount sufficient to meet estimated needs prior to issuance of a Land Use Change Permit.
11. All of Applicant's construction and operational activities shall be conducted in compliance
with all terms and conditions of all air quality permits and alr pollution emission notices
(APEN) required by the Colorado Department of Public Health and Environment. Applicant
shall provide the Garfield County Building and Planning Department with copies of the
state's General Constroction Air permit prior to issuance of a Building Permit
12. All of Applicant's construction activities shall be conducted in compliance with all terms and
conditions of any storm water permit required by the Colorado Department of Public Health
and Environment (CDPHE). Applicant shall provide the Garfield County Building and
Planning Department with a copy of such storm water permit prior to issuance of a Land Use
Change Permit by Garfield County.
13. The applicant shall notifY the Board of County Commissioners and the Garfield County
Emergency Manager if water is detected by the leak detection system.
14. Prior to issuance of a Land Use Change Permit, the applicant shall obtain the required
building permits for installation of an eight foot wildlife fence around the perimeter of the
evaporative ponds, and the fence shall be installed prior to commencing operations.
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15. The applicant shall install netting over the evaporative ponds to protect Migratory birds if the
presence of oil residue or hydrocarbons is detected in the evaporative ponds. If oil residue or
hydrocarbons are detected in evaporative ponds this will be reported to the appropriate state
agency and the Garfield County Department of Public Health.
16. The applicant shall use Natural Resources Conservation Service re-vegetation mix noted in
the application materials.
17. The following recommendations and requests of the Garfield County Road and Bridge
Department shall become conditions of approval: ·
A. Tbe applicant shall obtaln a driveway access permit if one has not been issued for this
location with conditions specific to the driveway access location.
B. A stop sign shall be required at the entrance to the County Road. The sign and
installation shall be as required in the MUTCD (Manual on Uniform Traffic Control
Devices).
C. The applicant may be required in the future to contribute to a road maintenance plan
which could include dust control, a new gravel surface, and asphalt repair as needed.
D. Any utilities installed within the County Rights-of-Ways shall require a utility permit
issued by Garfield County Road and Bridge.
E. All vehicles hauling equipment and materials for this project, including items to be
stored shall abide by Garfield County's oversize/overweight system. All vehicles
requiring oversize/overweight permits shall apply for them at Garfield County Road
and Bridge Department.
18. The applicant shall finalize the Fire Emergency Response Plan with the Rifle Fire Protection
District prior to commencing site operations. A letter from the Fire District acknowledging
the completion of their requirements shall be submitted to the Garfield County Building and
Planning Department prior to commencing operations.
19. The applicant shall submit a copy of their final National Pollutant Discharge Elimination
System (NPDES) permit to the Garfield County Building and Planning Department for
surface discharge of treated water prior to commencing operations.
20. Mowing for weed control shall be discouraged on noxious weeds after the plant has produced
a flower.
21. A re-vegetation security of $2,500/acres shall be in place prior to the start of construction.
The total security is (7 acres x $2,500/acre) $17,500. The security shall be held by Garfield
County until vegetation has been successfully reestablished according to the Reclamation
Standards in the Garfield County Weed Management Plan. It is the responsibility of the
applicant to contact the County, upon successful re-vegetation establishment, to request an
inspection for bond release consideration.
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22. Any straw or hay bales used as check dams shall be certified as weed" free by the Colorado
Department of Agriculture.
23. Any teclmical· conditions of approval made by the CDPHE in its final report shall be
incorporated as requirements in the Certificate of Designation.
24. Garfield County retains the authority to revise any condition· of approval for an approved
Land Use Change Permit ifCDPHE requirements for the Certificate of Designation cause
"Substantial Change" to the·terms of the Major Impact Review and the Land Use Change
Pennit.
25. The Land Use Change Permit shall not be issued until the Certificate of Designation is issued
by Garfield County.
26. Prior to a period of 12 months from issuance of the Land Use Change Permit (the "Initial
Period") the applicant shall have the right to utilize hauled water as the source of supply for
all non-potable water demands of the project. Applicant shall provide the County with a copy
ofa contract with a water hauler prior to the issuance of the Land Use Change Permit. Prior
to. the end of the Initial Period, applicant shall replace hauled water as the source of supply
for non-potable uses with either: (a) water treated through applicant's on-site treatment
facility; or (b) water produced from a well to be drilled on the subject property. If applicant
· elects option (a), then prior to the end of the Initial Period applicant shall obtain and provide
Garfield County with an approved well permit for the source of supply of the water to be
used for non-potable purposes and approval from the Colorado Department of Public Health
and Environment and from the Colorado Division of Water Resources that the well permit
covers applicant's use. If applicant elects option (b), then prior to the end of the Initial
Period applicant shall obtain and provide Garfield County with an approved well permit.
Applicant shall thereafter comply with all tenus and conditions imposed upon the well permit
for the well which serves as the source of supply for applicant's non-potable water system.
27. The average monthly trip rate of this project will not exceed 50 trips per day.
Dated this I ?)1:!:, day of -~ , A.D. 20JQ_.
ATTEST: GARFIELD COUNTY BOARD OF
CO SIONERS, GARFIELD
OUNTY, COLORADO
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7 of 12 Reo FeQ:$0.00 Doo Fae:0.00 GARFIELD COUNTY CO
Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
':'C'!O"'MM"-":I:':'SS!>JI"'O~NE":"'R'-'C"':HAI~;,R::':JO"-HN~::'-F~. M"""A..,R,_.T-"IN"--------___ , Aye
~c~O~M~M~I~S~SI~O~N~E~R~MI,~KE~S~A~.M~S~O~N~------------'Aye
,.C"'OM!&!>!M,..IS,S,..IO"'N""E"'R"-T-'"RE'-""', S,...I ...,H,O"'UP-'-T"----------·--' Aye
STATE OF COLORADO )
)ss
County of Garfield )
I, _,County Clerk and ex-officio Clerk of the Board of
County Commissioners, in and for the County and State aforesaid, do hereby certify that the
annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the
Board of County Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this __ day of , A.D. 20 __ .
County Clerk and ex-officio Clerk of the Board of County Commissioners
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Exhibit B
Legal Description
The NE \4 of the NE \4 of Section 12, Township 7 South, Range 93 West of the 6th Principal
Meridian, located in Garfield County, and State of Colorado, containing 40 acres more or less; as
recorded at the Garfield County Clerk and Recorder office, Reception No. 790212
Together with a non-exclusive right of access thereto from a public road over existing roads on
lands owned by Grantor (Sheaffer, LTD.) in Section 12.
STATE OF
~~m~·t~f;;,c~-·i ··· o_ire_g!ot
~~-~~~~~·tO PfPt2.~f!O{f~l}d Jffip_toVioti tl:f¢ -11¢*!ttr~i;l~ (!m?rOlimentof tne.:P.~ci:Pl~ ~f.Q~!o'(ado
*'oo Ch~r(Y,¢.r~_ek:::b;. s.
.O.envet1. C:t;~h;lr?dO: '8024.6-'15BO
Pnoo•({3oSl ssac20oo
JOb une:i3P3}69J~7?00
Locatecnn· Glem:lale, ·C.O!orad·o
fi(tp;t~.c¢tpll.e~'i~ie,c;\M-!S
o~tober 27, zolo
Laboratcity:.Seni!ces :O!ViSic:in
~poo Lowry.Bivd .
penyei', COII:irado·so230-692S
(303) Bl!2•3090
Garfield County Board of Commissioners
tb$ Eighth B!t!l\lt
GlepwoodSprings, ¢0 $l(l0l
R¢: ~'inaiAgem:y Actio~!:. R~¢ommendatipnfotAJiprovai with Conditioni!c
9extifjp~\~ 9tD~$i!m~\i9!J APPlic~tion
ShaeffercJlilrich I GiccnBack.PrO.duced Water Recovery,LLC
Garfield Colillty, Ct;;\ort~~<!
'J'lle Ool¢tad.o l)epatti!i~l!~ .l>f }'!!bll¢ Health 8/;c Environment, Hazatdoil$ Materl~ls Md Waste
ManageJ!lent Dhci~ic:w @~ ''l)ivi~i!>rO re>~ived ~. r~f"rrar con-c~po~~~nc~ 1\:<?m .. Oilfl'ield 0()11l!ly
dn:Mriicli 24,2010. The .cotrespond¢rtco iilcluded. atetter from Garfield ColincyBuilding and
Planning Pe!?~rlmcn\fequestinJ! ih~ Divisiqrt's reviewofth<l ~ul>)¢ci .Q.;.Wfi~~te ()f"tlcsigttation
(CI>), . ~pplic~tinn; and a d~cument titled •;cenifica~? of Des!gm;tiO,,ll; )'lngir~.e~;i#g De~iiiD. ,'!!!<!
OJieti!tion l'lau, Gtee!\~ac!>. Prodnc¢d Water Re¢overy, LLC, Garfield Coilnty, C.;>lotl\do" (Plan)
preparpd by COR$, Ii;c.(CG~S)dated M~ch ZPIO.
the Pivi!Ji()il <;ortd~J¢teil a C<irt!!'l~wness Review of th¢ .. Plan in ~¢cot-e wl!h pri>¢i:dutes
oiJ\/i\:":\1 m St~te ~\l1l\ll~, C)'$ ;Jo,zq"1ll3 ei seq., !Q1d ~orr~sp@dipg Rqgtd~iiolJS P~xtairiinl! 1~
Solid Waste Sites and Fncililies., II CCR 1007•2, P"rti (S¢1id Waste Regulatr00s). In a letter
<.l~!etl Mtll4i/; ;i())O; ·the i;iivJslon mtiA¢d GtcCll)3~pk !itocM:.¢4 Wi\t¢r, !,;!,.¢ {GreenB~p!i) !hai
the Plan was·complete,
The Pkv\&I911. CQ!)dl\i:l¢<:1 l\ c.mn.rr¢1)ensivc lcchljj¢ijl tcvi~'Y onh¢ !'JM iil!XsiJ.?nt to ·(he l)J().;~\1\ll'~S
outliiled •in Stale statute arid thi; Solid Waste Regulations. The Dlvisfori's prelhn1narylechilica:I
coniJi)~ntiH\ll.d. teqUests ;f(.>r ·ad~WQ!ial ill(ot111<~.tio!1 were ptqvid¢d to (3J:ec;ril3a¢k ljj ;; 1¢ttef (!ated
Juv~i2:l, 401\), Ii1 rcsp~J1~ to il_te Di~isiqn's }nne 2Z letter, COR$ .sugmitted ·~ teVi~d Plan
dated AUb>ils\ 201 o, Whlch Was rec¢i\red by the Division oil August 18, 2010. Since the n>vised
J'llll! was receivecl; th¢ Div!~i<lll a!\d C(.>R$ hi;ve iJifotwally c.!>hl!llMit:~tecl ii!lrneti!!is Jinle$,
prcdqmi~lly via telepbopc 1\l!d cm~il, con¢ei1Jing additional information or cl~rifications
rtceded.for the ttWised i'lan. Thl.s infonlJation was transmitted eiectrinilcall~ to the Dlvisioh .by
1111 wr·o~. tllllliVIIPII:,IJIII,fllli:tl!!ll'lrl~toll~loft~llld.~'~ IIIII
Reeeptionij: 795716
i1'~1'~g1~e~1f!~:i~.~~ D~~$~e~7g:&~0~ARFIELD COUNTY CO
CGRS on August 26 and 30, September 8 and 14, and October 11, 12, 13, 14, 15, 19 and 21;
20!0.
The Division initiated a 30-day written public comment period by publishing a public notice in
the Rifle Citizen Telegram newspaper on August 19, 2010. The Division did not receive any
comments dnriog that. period, which concluded on September 20,2010.
On October 25, 2010 the Division received the final revision to the Plan, and has reviewed it for
technical merit It is the detennination of the. Division that the proposed facility can comply with
technical, environmental, and public health standards· of the Solid Waste Regulations if the
facility is constructed, monitored and operated as detailed in the final Plan, and with the
conditions as stated in this letter. Based on this assessment, the Division recommends, as final
agency action, that this facility may be approved by Garfield County, with
the conditions set
forth herein and with any additional local restrictions Garfield County may chose to impose. The
Division's approval of the Plan has the following conditions that shall be incorporated into the·
CD when and if issued by Garfield County:
l. The Financial Assurance Plan, including independent third party or referenced cost
estimate, shall be submitted to the Division for review and approval. In addition, the
fmancial assurance mechanism must be in-place and approved by the Division prior to
acceptance of material at the site. Please note that pursuant to the requirements of
Section 1.8.3 of the Solid Waste Regulations, the post-closure cost estimate must be
adjusted annually to account for inflation or deflation by using the implicit price deflator
for the gross domestic product. Additionally, GreenBack must replace the original cost
estimate every five (5) years unless otherwise required by the Division. Both the annual
adjustment and the 5-year update cost estimates must be submitted to the Division for
review and approval.
2. Consistent with Section 1.5 of the Solid Waste Regulations, the Division has granted
GreenBack a waiver for groundwater monitoring requirements. Part of the technical
justification for granting the waiver from groundwater monitoring included a site-specific
investigation and analysis of the existing groundwater conditions at the site through the
drilling and construction of three (3) wells within the proposed CD boundary. Although
one well was installed, it was detennined that the location of the other two wells would
potentially interfere with t11e facility construction and possibly become damaged during
construction. As committed to in an email to the Division dated August 26, 20! 0, these
two wells shall be installed as soon as logistically possible after potentiai damage to the
wells from other site activities is no longer a concern, at least prior to facility operation. If
groundwater is found in either of the two wells that will be installed, the Division will
evaluate the appropriateness of the groundwater monitoring waiver.
3. If liquid is found in the impoundment sumps, an analysis will be conducted to detennine
the liquid's origin (e.g., E&P waste or precipitation). Thls detennination will be made by
evaluating the liquid's total dissolved solids (TDS) or specific conductance (measured in
micro Siemens per centimeter) and comparing that value to the propenies of the waste
material. The threshold values for detennining whether the liquid in the sump is E&P
2
Wl)l;\~ qr. pr~(;jpjt~tiqn ~illl!I !>~ h>~s¢d @ sampiing #tid. analYsis of typical material
a:cnepted at the site. Gre.cnBack shall provide th\s !lniilys(s (o \l:ie l)jyision Mer a Mitablc
n1.1m1>er qf S®Jpi~s h.ave ~be¢h anaiyzeil and. propose a threshold value based. <lll t)l:is
analysis as tuwbether E&;J> Wl)l;le or precipitatiol"! ls :found in tho spnip. . ' ' ' •' •' ' -' --' ' .
·As r~quireq py $Q-2{H 64(~)(~) a!)d (:>)(Q), Garfield Co\illty is dbl\~ated tn notifY its citizens agd
conduct a public. hearing regarding !))" pfopose<i sOlid wl]Ste fa~illty; Plci.i$¢ f'otwatd a copY of
t!'le !00\itii:Y's flMl r~>Solutlon concemin~ the CD issuance or denialtn ihe Division,
liJ doslng, the Division is authoritc(.! io bill {or its rcv1.ew of tec\lnjcii!. s.ubmiitals ·* $J2S per
!lour, pursuanttc &ec:ti<m I fofth¢ Solid vJaste Regulations 6 CCR 1007~+, F'or reVi~w <>flll¢
QP. ~pplic~tfgg. in91W;ling . th.e .cqmplctenes~ r¢view, teclmi¢al review, attending meetings,
telephone conversations, and cmailcorresp.qn!lcl]ce; !he fee ceiling i.s $~~;<IoO . .&lnvoi¢e f'otthe
:Oivl~iol)'$1~i;hn1Clil teVleW ofthc above referenced doc.lllhen! Will be sent t9 Gree@~ck 1Jnd¢r
:S,epaq:tte -cov~:r,,
Lawrence l Bruskin,.\',E.
Bmtessiofi~J "Engineet
~<ilid Wi.i$le aucl Malerial MaMgement Unit
Hazlii"dousMaierials and Waste ·
Manag~mcnt mVisiort .
cc: J)an Ba~)Wd, Gt¢cnl3ack
Roger l:i0a)< .
Pcri)lirlingG~pup Unit I:-cadbr
Sotldwastb ;,ld Mat~rial Management Unit
F~i!Zm;dpus Mater1als illl~ Waste
Management Division
JobyAdams, CGRS .··.. . .. . . ..
Gale !Oermoh~y,.Gar!i~l!l :coimty Building arid !'Ianning Dcpar!ment
G"..'Y B¢crs,C:PPH!UWQ:QD
DlmaPodcll, CDPHH/APCD
l3ob. Petetsti!i, CDPI:JE;Qj;.HMWN!D