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Home My WebLink About4.0 Resolution 2012-12.pdf1111 .MI'o~o~~~M.HJLN•&I'f~WIN'WIIIrM'IthM ~·~ IIIII Reception~: 815101 m2/2B/2012 11:14:Sg AM Jean Alberico 1 of 5 Reo 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 Tuesday, the 21'1 day of February A.D. 2012, there were present: ~Jo,.hn ..... M"""arti"'·,n ___________ , Commissioner Chairman .,Mi..,·k,e._S,am....,s.,.o .. n~--------.,.--' Commissioner .._T,om....,J:..ank"':"o""v..,sk"-ly'-----------' Commissioner ..,An...,.dr .. e"'w'-'G"'o""r..,.ge""y'----------~· County Attorney, Acting-County Manager ~C,.ar'-"e2y-:-G,a.,gn..,o""n,__ _________ _,, Assistant County Attorney ,_,Je,an"'-'-A_,_Ib"'e"'n"'·c,_o __________ , Clerk of the Board when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. ;)oJdl-101... A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR WATER TANK STORAGE ON WELL PAD F26 AND MATERIAL HANDLING RELATED TO AN INJECTION WELL ON WELL PAD M23 LOCATED WITHIN A 15,800-ACRE PARCEL OWNED BY ENCANA OIL & GAS (USA) INC. AND LOCATED 16.7 MILES NORTH OF PARACHUTE IN SECTIONS 23 AND 26, TOWNSHIP 4 SOUTH, RANCH 96 WEST OF THE 6rn P.M., GARFIELD COUNTY PARCEL NO# 1917-274-00-012 Recitals · A. The Board of County Commissioners of Garfield County, Colorado, (Board) received a request for a Land Use Change Permit to allow for Tank Storage on Well Pad F26 and Material Handling Well Pad M23. This approval allows operation of facility to store produced water in tanks on F26 for eventual injection on M23, as further described in Exhibit A. B. The Water Impoundment is located within a 15,800-acre parcel of land owned by Encana Oil & Gas (USA) Inc. on two well pads approved by the Colorado Oil & Gas Conservation Commission (COGCC) and identified as Well Pads M23 and F26. The ownership of this property is located in Merger Documents and a Special Warranty Deed found in the records of the Garfield County Clerk and Recorder. C. The subject property is located within unincorporated Garfield County in the Resource Lands (Plateau) zone district, north of the tenninus of County Road 215 approximately 16.7 1 Ill! WJI".~o ~:rl1~VM'"''L r.lf l'lliiii'('~I"I'CW!I,I~II.~·~ IIIII Reception": 815101 02/28/2012 11:14:59 AM Jean Alberico 2 of S Rae Fee:$0.00 Ooo Fee:0,00 GARFIELD COUNTY CO miles from of the Town of Parachute. D. Tank Storage and Material Handling may be permitted in the Resource Lands (Plateau) 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. F. The Board of County Commissioners opened a public hearing on the 2l't day of February, 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 of County Commissioners closed the public hearing on the 21st day of February, 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: l. 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 Water Tanks on Well Pad F26 and an Injection Well on Well Pad M23 located within a 15,800-acre parcel in the Resource Land (Plateau) zone district is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County if recommended conditions of approval are adopted. 4. That, with the adoption of recommended conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That, with the adoption of recommended conditions, the application has adequately met the requirements 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, Colorado, that: 2 11111\Y'.~o ~:1'11MI'I'II~~ ,I'M,II\Ir,1t1W~'rlllr'llllll,~,~ IIIII Reception~: 815101 02/28/2012 11:14:59 AM Jean Alberico 3 of 5 Rec Fee!$0.00 Doo 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 Water Tanks for storage of produced water on Well Pad F26 and Material Handling related to an injection well on Well Pad M23 is hereby approv:ed 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. Operation of the facility must be in accordance with all Federal, State and Local regulations and permits governing the operation of this facility. 3. Industrial activities shall be required to comply with the following standards: (I) The volume of the sound generated shall be so operated that the volume of sound inherently and recurrently generated does not exceed the Statutory requirements; (2) Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible without instruments at any point of any boundary line of the property; (3) Emissions of smoke and particulate matter: every use shall be so operated so as to comply with all Federal, State and County air quality laws, regulations and standards; (4) Every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of the adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision. 4. Prior to issuance of a Land Use Change Permit the Applicant shall provide a Spill Prevention, Control and Countermeasure Plan that contains adequate information regarding containment of a minimum of 110% of the fluids proposed to be stored on the site. This plan shall be submitted to the Building and Planning Department for review and acceptance. '}? ~ -~~--~~-Dated this ..... ~"'-'----'---day of _ ____.P-..::-====y-=~"""''71<"----.c_' A.D. 20 I Cl.. 3 ATTEST: 1111 W.~o~~iM.!'W.W\I&.I'f'l.lil'r."W..:IIfo:tW,I!ftll Ml•llllll Reception~: 815101 02/29/2012 11:14:59 AM Jean A0lbOeOr~FIELD COUNTY CO 4 of 6 Reo Fee:$0.00 Doc Fee: . ~~~ COUNTY BOARD OF W!\IER,: GARFIELD -'=C"'O"'M""M""I"'S""S"I 0<-"N-"'E""R"-'C""HA'-"-"I.,_R...,J,_,O<>-HN....,..F...,.-"M""A""'R""T"-'IN"'-'----------'' Aye ~CO~MM~~IS~S=I~ON~ER~M~IKE~~SA~M~SO~N~~------------'Aye ""'C""O'-"MM=I,S""S""IO,.NE=R,._T"-'O"'M""-"J...,A,._,NK""""O'-'V""S,.,K,_.Y _________ __,, Aye STATEOFCOLORADO ) )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 4 <( 1- c:l J: X w '1111 rlr• ~:,"/1MMH I'IIU\1, I~I'W.Ioff,WI~Iri\ ~~~~ IIIII Rsception~: 815101 02/28/2012 11:14:59 AM Jean Alberico S of 5 Rec Fae:$0.0~ Doc Fee:0.00 G~RFIELD COUNTY CO