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Home My WebLink About4.0 Resolution 2012-09.pdf1111 WI'"• ~:llii~',MUfl.ltfr.~'l:~lrWIIIICIIU"J. IIIII Reception#: 814592 02114/2012 03:31:44 PM Jean ~lberico 1 of 4 Ree Fee:$0.00 Ooo 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 13th day of February A.D. 2012, there were present: "'Jo""hn,..,.M,.art..,..in.,_ ___ ~------' Commissioner Chairman .,M .. ik,.,e"'S,arns~,o,_n __________ , Commissioner ..,T,om....,J,.ank"""o:.!.v,sk,..y'-----------' Commissioner !:!An~dr"""'e"'w-'G..!.!o.!±re~ge"'yl.-________ _,, County Attorney, Acting-County Manager "'C"'ar'-"eJ...y_,Ga ..... gn..,o"'n'-----------' Assistant County Attorney ~Jean~~Al"""'be"'r"ico"'-----------' Clerk of the Board when the following proceedings, among others were had and done, to-wit: RESOLUTION NO, rKDJ.l~ OOf A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR A WATER IMPOUNDMENT ON 3.71-ACRES WITHIN A ±335-ACRE PARCEL OF LAND OWNED BY BERRY PETROLEUM COMPANY, MARATHON OIL COMPANY, PGRPARTNERS, WAPITI OIL & GAS AND LOCATED 13 MILES NORTHWEST OF PARACHUTE IN SECTION 1, TOWNSIDP 6 SOUTH, RANCH 97 WEST, GARFIELD COUNTY PARCEL NO# 2169-011-00-027 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received a request for a Land Use Change Permit to allow for construction and operation of a Water Impoundment to be located as shown in Exhibit A. B. The Water Impoundment is on 6.39-acres within a ±335-acre parcel of land owned by Berry Petroleum Company, Marathon Oil Company, PGR Partners and Wapiti Oil & Gas and described in a Corrective Special Warranty Deed recorded at Reception Number 775544 and a Special Warranty Deed recorded at Reception Number 794563 in the records of the Garfield County Clerk and Recorder. C. The subject property is contained within uoincorporated Garfield County in the Resource Lands zone district and located west of County Road 215 approximately 13 miles northwest of the Town of Parachute. 1 1111 wr.~.~:n1I¥.',MU H~~ llrWI.,I'(II'Jrlll'l.~,v,ll Ill Rec~tion#: 814S92 02/14/2012 03:31:44 PM Jean Alberico 2 of 4 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO D. A Water ImpoWldment is permitted by Land Use Change Permit reviewed through a Limited Impact process in the Resource Lands Zone District of Garfield CoWlty. E. The Board is authorized to approve, deny or approve with conditions a Land Use Change Permit pursuant to the Unified Land Use Resolution of2008, as amended. F. The Board of CoWlty Commissioners opened a public hearing on the 13th 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 oppor!Wlity to express their opinions regarding the request. H. The Board of County Commissioners closed the public hearing on the 13th day of February, 2012 to make a fmal decision. I. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fuct: I. That proper public notice was provided as required for the hearing before the Board ofCoWlty 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 a Water ImpoWldment on 6.39-acres within a ±335-acre parcel in the Resource . Land 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: A. The forgoing Recitals are incorporated by this reference as part of the resolution. 2 1111 Ml'.~o ~:rlii~',MIUI'IU~I~ ,lojl~rfll~lr\l:ltllri'IIUnllllll Reception#: 814592 02/14/2012 03:31:44 PM Jean Alberico 3 cf 4 Reo Fee:$0.00 Doo Fee:0.00 G~~FIELD COUNTY CO B. The Land Use Change Permit for a Freshwater Impoundment 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 water impoundment shall comply with all applicable federal, state and local requirements. 3. This Land Use Change Penni! for a water impoundment is for fresh water storage only. No accessory uses are pennitted for this site, other than maintenance-related activities for the pond. In particular, no storage of equipment, vehicles or fuel is included in this approval. 4. Prior to issuance of the Land Use Change Pennit the Applicant shall provide security for revegetation in the amount of $9,275.00 for 3.71-acres of disturbed area associated with the water impoundment ($2,500 per acre). 5. The Applicant shall be required to maintain the fencing around the impoundment to prevent wildlife from gaining access to the facility. 6. Industrial activities shall be required to comply with the following standards: (1) The volume of the. sound generated shall be so operated that the volume of sound inherently and recurrently generated does not exceed the COGCC 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. 1 0~ -Dated this -'------day of _ __,1'_-e.-::::_:::fo:__.,.:..:L<""-""-"-'Y',_'-I"l---------'' A.D. 20-:1:...:2...:c___ l 3 1111 Ml"o~. ~:rlii¥:.M1 1,M\~ rill\ lrV..:r.l~IIA"W.IrUI IIIII Recept~on#; 814592 02/14/2012 03:31:44 PM Ja~n Alberico 4 of 4 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO ATTEST: BOARD OF ·GARFIELD !)t~~ lerk of the Board Upon motion duly made and seconded the foreg,lr"inng__J~we5fljltion was adopt tl by the following vote: ~CO~M~M~Is~s~IO~N~E~R~C~HAJ~R~J~O~HN~F~.~MAR~~T~IN~------------~·A~ ~CO~M~M=IS~S=IO~N~E=R~M~IKE~~SAM~~SO~N===---------------~--•Aye ~CO~M~MI~ss~I~O~N~E~R~T~O~M~JANK~~O~V£SK~Y __________________ __J,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 4