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Home My WebLink About4.0 Resolution 2011-04.pdf1111 Ml".~o ~1Wa.,',tt.lli!, ~ It'• I, rl-lJ ~LrH'tr~r. ~·~ IIIII Receptlon#: 797513 01/17/2011 03:21:37 PM Jean Rlberico 1 of 11 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 Monday, the 3rd day of January AD. 2011, there were present: John Martin Commissioner Chairman Mike Samson Commissioner Tresi Houpt , Commissioner Carey Gagnon , Assistant County Attorney Jean Alberico Clerk to the Board Ed Green (absent) , County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 2011-04 A RESOLUTION CONCERNED WITH THE APPROVAL OF A LAND USE CHANGE PERMIT, LIPA 6377, ISSUED TO MARATHON OIL COMPANY FOR MATERIAL HANDLING/WATER IMPOUNDMENT, LOCATED OFF OF GARDEN GULCH ROAD, WEST OF COUNTY ROAD 215, AND APPROXIMATLEY 17 MILES NORTHWEST OF PARACHUTE, AND WITJITN A PROPERTY OWNED BY BERRY PETROLEUM COMPANY AND MARATHON OIL COMPANY, GARFIELD COUNTY PARCEL NO# 2135-321-00-009 Recitals . A The Board of County Commissioners of Garfield County, Colorado, received an application for a Land Use Change Permit to be issued to Marathon Oil Company to allow for Material Handling/Water Impoundment. B. The 29.246-acre site is located off of Garden Gulch Road, west of County Road 215, approximately 17 miles northwest of Parachute, CO, and within property owned by Berry Petroleum Company and Marathon Oil Company and attached as Exhibit B. C. The 29.246-acre site is described in the application documents and located within the parcel described in the attached Exhibit C and incorporated by this reference; I · 1111 ~P"* ~~i~,I~'',M' II~~ Ill« ~ ~~~,.,~tllr.~~r, ~~~~ IIIII RecGption«: 797513 01117/2011 03:21:37 PM Jean Alberico 3 of 11 Roo Fe~:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO B. The Land Use Change Permit, LIPA 6377, to allow for Material HandlingfWater Impoundment is hereby approved subject to compliance with the following conditions: I. 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 Marathon facility be done in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility. 3. Vibration generated: the Marathon facility 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 on which the use is located. 4. Emissions of smoke and particulate matter: the Marathon facility, generator, pump, or related driveway and parking area shall be so operated so as to comply with all Federal, State and County air quality laws, regulations and standards, including CDPHE APCC Regulation 1 for dust. 5. · The Applicant shall provide copies of the required air permit(s) to the Garfield County Planning Department once issued by the Air Quality Control Division of Colorado Department of Public Health and Environment. 6. No site construction for this proposed produced water facility can begin until air quality permits are obtained. 7. 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. 8. 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. 9. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. I 0. All lighting associated with the property shall be directed inward and downward towards the interior of the property. 11. Flammable or explosive solids or gases shall be stored according to the manufacturer's standards and shall comply with the national, state and local fire codes and written recommendations from the appropriate local frre protection district. 3 Ill/ WI'"• ~1,,1"-.'',~t \dl~'r.lll~lllj,lii'IL!MUW'Ill\t ~~~1 IIIII Reception#: 797~13 01/17/2011 03:21:37 PM Jean Alberico 5 of 11 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Dated this 11'/j. day of~ , A.D. 20_1_1 _. ATTEST: GARFIELD COUNTY COMMISSIONERS, COUNTY, c·~~D BOARD OF GARFIELD Upon motion duly made and seconded the for following vote: '-----~ ~C~O~MMI~~S~SI~O~N~E~R~C~HAJ~~R~J~O~HN~F~·~MAR~~TIN~----------------'AYE ~CO~M~M=IS~S=IO~NE~R~NITKE~~SA~M~SO=N~--------------------'AYE ~cO~MMI~gs~s~JO~NE~R~TRE~S~I~H~O~UP~T ____________________ ~,AYE STATEOFCOLORADO ) )ss County of Garfield ) by the 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 5 II II ~'1~".1. ~1Wi.''J·~II'tl~~iT.I~~.rfo.l~11'ir 11(1~~~~·1 IIIII Reception#: 797513 01/17/2011 ~3:21:37 PM Jean Alberico 7 of 11 Reo Fee:$0.00 Doc Fee:0.00 G~RFIELD COUNTY CO Gently sloping sagebrush meadows su!Tounded on three sides by aspen woodlands provide high quality transitional and summer range for mule deer, elk, and black bear, as well as a production area for elk as mapped by the Colorado Division of Wildlife's Natural Diversity Information Source (CDOW-NDIS 2009). Foraging by all three species was evident. Wild life Mitigation and Management Recommendations Raptors. No nest sites are located where removal of the nest tree is a concern. Raptor nesting within 0.33 miles of the facility could potentially be affected indirectly by disturbance associated with consttuction and operation of the facility including equipment activity and human presence. Nest sites that at·e in direct line-of-sight of constructiotl and operations have the most potential for being adversely affected. Jf there is vegetation or terrain features that tend to protect the nest, effects of disturbance are often mitigated. The known nest is topographically isolated from the site (Figure 2). fn order to reduce the potential for affects to qe,~ting raptors, it will be imp01tant to schedule construction activities such tl1at they do not iq}~lfet'e with breeding, nesting, and brood rearing activities. CDOW's (Craig 2002 and Klute 20,gffl recommended raptor nest site avoidance standards are summal'ized below in Table 3. Jti:onstruction cannot be performed prior to or after the nesting season, known nests should be re"it1ventoried by qualified biologists and nesting habitat should be surveyed for new nests. If$ny birds are found behaving in a manner consistent with nesting, every effott should be made to apply timing limitation and buffer distance stipulations. WestWater Engineering P.age 6 of II December 2009 1111 Wo~.m,l\,',lo'l~rlrl.IIJ,I'II'Y rlw'1l rltlLtlllttll'i~~~~& IIIII Reception~: 797513 01/17/2011 ~3:21:37 PM Jean Alberico 9 of 11 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Minimize footprint of disturbance. Reduce to the minimum level possible all soil disturbing activities. Park construction vehicles on previously distUrbed areas during constmction to further reduce temporary disturbance. Re-seeding. Temporary and permanent disturbances are recommended to be re-seeded with native grasses. These measures should be described in an Integrated Vegetation and Noxious Weed Management Plan for this site. Best management practices such as the imprinting ofun- vegetated slopes to reduce rill erosion should be implemented. Fence Removal, Maintenance, and Construction. Fences harmful to wildlife are located adjacent to the site. Unnecessary fencing is recommended to be removed to enhance safe wildlife movement. Fences required for separating pastUres or property lines, or those in need of maintenance should be built in a way as to reduce harm to wildlife. Some methods include using a smooth top wire (as opposed to barbed wire) and increasing the height of the bottom wire to facilitate game movement underneath the fence, rather than over. Aquatic Species. Downstream fish and amphibian species would be most susceptible in the event contaminants were introduced to surface water during construction or operational activities. The Colorado pikeminnow and the razorback sucker are federally-listed fish species that occur in the Colorado River and can be affected by upstream events. Potential impacts from the water impoundment facility include water depletion in tributaries to the Colorado River, sedimentation of tributaries, and spills of contaminated water or chemicals from equipment. St01m water controls should be constructed so that contaminants can be contained if necessary to prevent them from reaching and affecting aquatic wildlife downstream. Black Bear Conflicts. Black bears have been observed on the site. It is not only unsafe, but illegal to feed bears. Keep all food and food waste in bear-proof containers. Provide bear-proof trash receptacles on the site and train personnel in bear avoidance measures. WestWater Engineering Page 8 of 1 I December 2009 ---------------t- 1 I I I I I I I I I I ___________ _l ______ _ I I I I I I I I ---------r-------------- I I I I I I I I I I I I I 1-"' •"' I • I I I I I I I I I I I I I I I _____ _!_ __ : ....:. ---~~--.. :... .. :,_, _____ ...: