HomeMy WebLinkAboutResolution 2009-42STATEOFCOLORADO ) )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 Plaza Building, in Glenwood Springs on Monday, the 16th day of March, 2009, there were present: iM~Oi~klem ~SMa~marsto~n; n~==============~, CCoommmmiissssiioonneerr Chainnan
T resi Houot , Commissioner ~D",e"b",o"rah~O",u",;l!nJ,n,-___ _ __________, Assistant County Attorney J~e"an"!o'A",!",b"en,,'' ''OL--.,.. ____ _ _ _______ • Clerk of the Board "Ed"-'G.!!r:.<.
.,n !W(a!.Ob"";Inl1tlL-_ ______ _____ ~. County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 2009-~ A RESOLUTION CONCERNED WITH THE
APPROVAL OF A SPECIAL USE PERMIT FOR THE INSTALLATION I OPERATION OF THE ENCANA OIL & GAS USA, INC. STORY GULCH NATURAL GAS COMPRESSOR STATION LOCATED ON 7.2 ACRES OF AN APPROXIMATE
4S,OOO-ACRE TRACT LOCATED IN THE SWSE, SESW, SEC 34, T4S; & NENW,NWNE, SEC 3, TSS;n R96W of the 6" P.M. IN GARFIELD COUNTY, PARCEL #1917-274-00-012 Recitals A. Garfield County is a legal
and political subdivision of the State of Colorado for which the Board of County Commissioners (Board) is authorized to act. B. On the 2"d day of January, 1979. the Board adopted Resolution
79-01 concerning a Zoning Resolution for the County of Garfield, State of Colorado. c. Pursuant to Section 9.03.04 of the Zoning Resolution of 1978, an application for a Special Use
Permit shall be approved or denied by the Board ofColUlty Commissioners after holding a public hearing thereon in conformance with all the provisions of the Zoning Resolution. D. The
Board held a public hearing on the 16th day of March, 2009, upon the question of whether the above-deseribed Special Use Permit should be granted or denied, at which hearing the public
and interested persons were given the opportunity to express their opinions regarding the special use permit.
E. The Board of County Commissioners closed the public hearing on March 16th, 2009, and acted on the basis of substantial competent evidence produced at the aforementioned hearing. Resolution
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Special Use Permit is approved based on the following findin gs: A. The forgoing
Recitals are incorporated by this reference as part of this Resolution. B. Proper public notice via publication pursuant to Section 9.03.04 of the Zoning Resolution of 1978, as amended,
was provided as required by law for the hearing before the Board of County Commissioners. C. An application for a special use pennit was made consistent with the requirements of Section
5.03 oflhe Garfield County Zoning Resolution of 1978, as amended. D. The public hearing before the Board of County Commissioners was extensive and complete; all pertinent facts, matters
and -issues were submitted; and all interested parties were heard at that hearing. E. The proposed Special Use Permit is in compliance with the recommendations set forth in the Comprehensive
Plan for the unincorporated areas of the County. F. The proposed Special Use Permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare
of the citizens of Garfield County. G. The Special Use Permit for the Story Gulch Natural Gas Compressor Station proposed by EnCana Oil & Gas USA, Inc., shall require that the following
conditions be satisfied: 1. That all representations of the Applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered
conditions of approval unless explicitly altered by the Board. 2. That the operation of the facility be done in accordance with all applicable Federal, State, and local regulations governing
the opemtion of this type of facility. 3. That the Applicant shall comply with the fire protection provisions included in the rules and regulations of the Colorado Oil and Gas Conservation
Commission (COGCC) and the International Fire Code as the Code pertains to the operation of this facility. Applicant will supply Garfield County with a site·specific emergency response
plan prior to the issuance of the SUP.
4. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. 5. Vibration generated: the Compressor Station 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. 6. Emissions
of smoke and particulate matter: the Compressor Station shaH be so operated so as to comply with all Federal, State and County air quality laws, rt:gulations and standards. 7. Emission
of heat, glare, radiation and fumes: the Compressor Station shall be so operated that it does not emit heat, glare, radiation 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 on the site shall be painted with a neutral shade of tan or Beetle Green non·reflective
paint 10 reduce glare and make the site more inconspicuous. 9. No storage of heavy equipment is proposed or permitted on this site. 10. Any lighting of the s ite shall be pointed downward
and inward to the property center and shaded to prevent direct reflection on adjacent property. I J. Water pollution: in a case in which potential hazards exist, it shall be necessary
to install safcguards designed to comply with the Regulations of the Envirorunental Protection Agency before operation of the facilities may begin. AU percolation tests or ground water
resource tests as may be required by local or State Health Officers must be met before operation of the facil ities may begin. 12. The Story Gulch Compressor Stalion shall meet state
requirements for permitting as to stonn water management, and an erosion plan specific to this site shall be appended to Volume I: Master Stormwater Management Plan Piceance CreeJ:lEureJcg/StQry
Gulch Unit C08_039167 (5/2008) that is used for projects in this area. 13. Conditions set fo rth by Garfield County Vegetation Management Dept. Director Steve Anthony in comments dated
21412009 shall be met: a. A re-vegetation bond of $4000 per acre shall be submitted for the 7.2-acre site disturbance. If the use as a compressor plant is ended, reclamation shall be
initiated within 60 days and meet the rt:'{uirements set forth in thc reclamation plan in place on the date the Special Use Permit issued, or the site reclamation standards in place
at the time of use cessation. whichever is more stringent. The
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COUNTY CO reclamation standards at the date of permit issuance are cited in Section 4.06, 4.07 and 4.08 of the Garfield County Weed Management Plan (Reso lution #2002-94). b. The security
shall be held by Garfield County until vegetation has been successfully fe-established 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 revegetation establishment, to request an inspection for security release considcration. c. The Applicant shall provide the Vegetation
Management Depanment with the original tags from each seed bag. d. Any straw or hay bales used in erosion control shall be certified ' weed free ' . 14. Wildlife safety shall be addressed
with the following conditions: a A plan to accommodate safe interaction between birds of prey and power line fac ilities and structures shall be completed and submit1ed to the Planning
Department prior to the issuance of the Special Use Permit. If the line is installed after January 1,2011, this plan shall be updated and submitted to the Planning Department 30 days
prior to construction of the power line. b. Bear-proofwastc receptacles shall be used on-site. c. Fencing around the substation shall meet 'wild life fri endly' fencing standards of
the Colorado DOW. d. Drainage from the site, roads or access roads for the power line shall not cause damage to streams used as Colorado Cutthroat Trout habitat. IS. Conditions set fooh
by Rio Blanco Planning Department (0 provide safer road use in Rio Blanco and Garfield County shall be required of all personnel working in conjunction with this project: a. All employees
and subcontractors working on this site sbal l be required to attend a safety orientation provided by the Applicant and sign a work condition agreement provided by the Applicant that
includes information on violations that are cause for dismissal from job and/or site access, which include, but are not limited to: No Valid Operalor 's License CRS 42-2-10/; Driving
Under Restraint CRS 42·2-138 (/)(a); ReckJess Driving CRS 42-4-J 40J; Speeding 20+ MPH Over the Limit CRS 42·>/-1101; Illegal or Improper Passing CRS 42-4-1002 -1005;
Driving While Ability Impaired or Driving Under the Influence CRS 42-4-/301. b. fndividual vehicles may be used only if they contain specialized equipment, or if workers are required
and authorized to drive an individual vehicle to the sitc for logistical and/or short term business pwposes. c. Transportation to the site in mUlti-passenger vehicles (carpools) shall
be encouraged. d. The Applicant shall submit a plan to implement items 13. a., b., and c. prior to the issuance of the Special Use Permit. 16. Requirements sct forth in Garfield County
Road and Bridge Department (Exhibit G) shal l be required, those being: All vehicles hauling equipment and material for this project using Cr. 215 shall abide by Garfield County's oversize/overweight
system. Ally vehicle requiring oversize/overweight permits shall apply for them at Garfield County Road & Bridge Department. Garfield County Road & Bridge Department shall have on file
a letter or e-mail from Encana Oil & Gas USA Inc. stating that these vehiclcs can apply for oversize/ovcrweight permits under Encana's bond on file with Garfield County. 17. A cost estimate
for returning the site to its pre-construction condition shall be provided the Project Engineer, and a security for that amount shall be required prior to the issuance of the Special
Use Permit. 18. Under this Special Use Permit, two CAT 3616 natural gas-driven compressor engines, two air coolers, a single glycol contactor, four 1,200 bbl (20 1,600 gallons total)
storage tanks, one vapor recovery unit, one 3-phase separator, one slug catcher, one glycol regenerator unit, one blowdown stack, two pig launchers/receivers, thc control building, cistern
and leach field on the completed site, conSlrUctcd during a period to last no longer than sevcn months in 2010 shall be permitted, with future construction to be managed as follows:
a. The Applicant shall provide the Garfield County Planning Department Project Engineer properly scaled and engineered drawings wet~ stamped by a professional engineer that detai ls
to the satisfaction of the Project Engineer the site, construction details and drainage to properly assess its build in 2010. b. Proper grading permits for the 2010 site construction
shaH be obtained prior to the issuance of the Special Use Permit. c. Proper building pennits for the structures of the site for 201 0 shall be obtained prior to the issuance of the Special
Use Permit.
d. Prior to the issuance of the Special Use Penni I, the Applicant shall provide the Garfield County Planning Department Project Engineer or Planner a detailed phase plan identifying
the time frame for each year's four-month construction period, the equipment 10 be installed, manpower needs, etc. e. lbe Appl icant shall provide the Garfield County Planning Depanment
Project Engineer properly scaled and engineered drawings wetstamped by a professional engineer that details to the satisfaction of the Project Engineer the site, construction details
for spill containment basi ns of adequate size to accommodate the capacity plus 100/0 of lhe four 1,200 bbl (201,600 gallons total) storage tanks. The contairunem basins shall be installed
prior to the tanks becoming operational. f. Prior to the issuance of the Special Use Pennit, the Applicant shall provide the Garfield County Planning Department a plan statement that
explains the management and transpon for the materials contained in the four 1,200 bbl (20 1,600 gal lons total) storage tanks. g. All of the natural gas-driven compressor units shall
be converted to electric-driven engines when adequate electrical capacity is available to the site. h. After 2010 and prior to construction, the Applicant will provide the Planning Department
Project Engineer a plan statement detailing that period's construction, Proper grad ing and building permits shall be secured prior to initiating construction or site preparation for
projects to be built eaeh year. 19. To the extent that plans change, the Applicant can apply for an amendmenl to this SUP to satisfy conditions identified in the Major Impact Review
Amendment process of the Unified Land Use Re)"Qlution 0(2008, as amended. Dated this I ~ ArrEST
Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: =~JMO~i~hkne~ "S1~aa~mrt~;s~on~n ==============================================~,. AAyyee
Tres; Houpt • Aye STATE OF COLORADO County ofGarfreld ) )ss ) 1, , 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.I). 2009 County Clerk and ex-officio Clerk of the Board
of County Commissioners