HomeMy WebLinkAboutStaff report-letter to adjacent owners 6.07.11.pdfGarfield County BUILDING & PLANNING DEPARTMENT June 7, 2011 RE: Chevron Temporary Produce Water Facility on Parcel Numbers 2137-321-00-008 and 2139-163-00-014, Garfield County, Colorado
Dear Adjacent Property Owner: Please find attached the Director's Determination to approve with conditions to amend Resolution 2009-41 to replace fourteen (14) 500 bbl existing frac
tanks with five (5) 1,000 bbl closed top upright tanks with vapor recovery and SCADA including a provision to install three (3) additional 1,000 bbl closed top upright tanks in the future
on property owned by Chevron USA Inc. (Parcel No.s 2137-321-00-008 and 2139-163-00-014) as shown on the revised site plan attached as Exhibit A. All proposed tanks shall be located within
a surface mounted containment area. This amendment also indicates that all 24 existing frac tanks and the secondary containment berm shall be removed with the development of the proposed
tanks and its secondary containment. Please find Resolution 2009-41, Special Use Permit (Reception No. 785634), and Land Use Change Permit (dated 4/30/10) attached as Exhibit B. As per
Section 4 -107 (A) (6) of the Unified Land Use Resolution 2008, as amended, once the Director issues a determination on the application the determination shall not be final for fourteen
(14) calendar days after the date of the determination in order to allow time for the Applicant, Adjacent Property Owners within 200 feet, and the Board of County Commissioners (BOCC)
to reconsider the determination made by the Director. The Director's determination shall become final only after the expiration of this fourteen (14) calendar day period, and only if
the determination is not reviewed and acted upon by the BOCC at a subsequent reconsideration hearing. The call-up period ends on June 20, 2011. If you wish to appeal the Director's Determination
please contact me by mail: Garfield County Building and Planning Department, c/o Molly Orkild-Larson, Senior Planner, 0375 County Road 352, #2060, Rifle, CO 81650 or by phone: (970)
625-5903. Sincerely, ~~-~ Molly Orkild-Larson, AICP, RLA Attachment: Director's Determination, Exhibits A and B 0375 COllnty Road 352, Bllilding #2060' Rifle, CO 81650 (970) 625-5900
' Fax: (970) 625-5939 108 Eighth Street, Suite 401' Glenwood Springs, CO 81601 (970) 945-821 2 · Fax: (970) 384-3470
June 6, 2011 Attention: Julie Justus Chevron USA Inc. I.' 760 Horizon Drive, Suite 412 Grand Junction, CO 81506 Garfield County BUILDING & PLANNING DEPARTMENT RE: Special Use Permit
Amendment to amend Resolution 2009-41 to replace fourteen (14) existing frac tanks with five (5) tanks including a provision to install three (3) additional tanks in the future (SUAA-6800)
Dear Julie, Thank you for the application you submitted to our office on April 1, 2011 . This application proposes to amend Resolution 2009-41 to replace fourteen (14) 500 bbl existing
frac tanks with five (5) 1,000 bbl closed top upright tanks with vapor recovery and SCADA including a provision to install three (3) additional 1,000 bbl closed top upright tanks in
the future on property owned by Chevron USA Inc. (Parcel No.s 2137-321-00-008 and 2139-163-00-014) as shown on the revised site plan attached as Exhibit A. All proposed tanks shall be
located within a surface mounted containment area. This amendment also indicates that all 24 existing frac tanks and the secondary containment berm shall be removed with the development
of the proposed tanks and its secondary containment. By this review, we have found that the proposed amendment as stated above results in a nonsubstantial change and can be approved
administratively via Section 4-107 of the Unified Land Use Resolution, of 2008, as amended (ULUR). Per Section 4-107 of the ULUR, we are required to notify the Board of County Commissioners
as well as property owners within 200 feet of your property of this decision. This notice will be sent today (June 6, 2011) and if no call up occurs within 14 calendar days (June 20,
2010), this decision to approve the change will be final. At that point, we will record a Land Use Change Permit that memorializes this action that also includes a new site plan. Do
not hesitate to call me if you have any questions or comments. Sincerely, Fred aIJ Director of BU:'i~ld~in~g:-:a::n::d:iiP"'I:a:::n:::nk-:~;;;:~ent (970) 945-8212 108 Eighth Street,
Suite 401' Glenwood Springs, CO 81601 (970) 945-8212' (970) 285-7972' Fax: (970) 384-3470
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OOI\IWoI. ~:'I'IJII"'I\W~W\t !,#,~ 11?~:lfmI1~:!M'r.Ii'V~~"l !II III EXHIBIT & (!A-tt-Rcc~~tionff : 769619 Oe! lu)2009 11 :37 : 13 AM JUI1 Alberico \ o f 5 Rec F~e : S0 . Q0 Doc Fee:0
.00 C~RF 1 ELO COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield Count)', Colorado, held in the Commissioners'
Meeting Room, Garfield County Plaza Building, in Glenwood Springs on Monday, the 13th day of April, 2009, there were present: "'Jo"'hn"'-'M":"'artlli"'nL-_____________ ~_, Commissioner
Chairinan "'M""i"ke"-"'-Sam""''''so'''n'--_ _____________ , Commissioner .T...! .!re""s",iI .,-I"'ou"'P"'t~ _______ _______, Commissioner "'D"'o"'n. .D. <;e"'-F"'-o"rd'-_______________,
County Attorney Je'!,ll Alberico , Clerk of the Board "'E"'d-'G""r.",ee"'n!.J("'a"bs""e"'nJjtl'-------_____________ , 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 OPERA TlON OF THE CHEVRON USA TEMPORARY PRODUCED WATER
MANAGEMENT SYSTEM LOCATED ON .86 ACRES OF A 54,OOO-ACRE PARCEL OWNED BY CHEVRON USA, INC., LOCATED IN THE SE'l. SW';.. OF SECTION 36, T5S, R98W OF THE 6TH P.M. IN GARFIELD COUNTY, PARCELS
# 2137-321-00-008 and # 2137-163-00-014 Recitals A. Garfield County is a legal and political subdivision of the State of Colorado for which the Board o{County Commissioners (Board) is
authorized to act. B. On the 2nd day ofJanuary, 1979, the Board adopted Resolution 79-01 conccming a Zoning Resolution for the COWlty of Garfield, Slate 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 of County Commissioners ancr holding a public hearing thereon
in confonnance with all the provisions of the Zoning . Resolution. D. The Board held a public hearing on the 13th day of April, 2009, upon the question of whether the above-described
Special Use Pennit should be granted or denied, 5
mlli!w .. ~:rlllrJ,\MllV!lrm~fIK.rrJ~rt~~I",'!'~"llillli Rece~tionH: 769619 06f16f2009 11 :37, 13 Af"i Jean ALberico 2 of 5 Reo Fee:$CL00 Doc fee:0,C0 GARFIELD COUt~TY CO at which hearing
the public and interested persops were given the opportunity to express their opinions regarding the special use pennit. E. The Board of County Commissioners closed the public hearing
on April 13th, 2009, and acted on the basis of substantial competent evidence produced at the aforementioned bearing. Resolution NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Garfield County, Colorado, that the Special Use Pennit is approved based on the [oHowing findings: 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 permit was made consistent with the requirements . of Section 5.03 of the Garfield County Zoning Resolution
of 1978, as amended. D. The public hearing before the Board of County Commissioners was extensive and complete; all peltinent facts, matters and issues were submitted; and all interested
parties were heard at that hearing. E. The proposed Special Use Pennit 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 Temporary Produced Water Management System proposed by Chevron USA, Inc., shall require that the following conditions be satisfied: I. 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 operation 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
filii ~,\',I, ~:Jillr.l.\flljll!t'~MII!, lM»~li\~I#:I.,'r.I~~ ~"l I1I11 Recept,-lonU-: 769619 06/161200911:37113 AM Jean Alberico 3 of 5 Reo Fee~$0,00 Doc Fae:0.00 GARFIELD COUNTY CO
Commission (COGCC) and the International Fire Code as the Code pertains to the operation of this facility. 4. Vibration generated: the Temporary Produced Water Treatment System 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. 5. Emissions of smoke and particulate matter: the Temporary Produced Water Treatment System shall be so operated so as to comply with all Federal, State and County air
quality laws, regulations and standards. 6. Emission of heat, glare, radiation and fumes: the Temporary Produced Water Treatment System 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. 7. Volume of sound generated shall
comply with the standards sct forth in the Colorado Revised Statutes, COGCC Series 800. 8. No storage of heavy equipment or materials is permitted after the construction period. 9. No
human habitation of this site is allowed at any time. 10. Any lighting shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent
property. 11. Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Enviromnental Protection
Agency before operation of the facilities may begin. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation
of the facilities may begin. 12. Prior to the issuance of the Special Use Permit, a plan that includes adequate design for the spill contallmlent basin for the produced water tanks on
site shall be provided to the Garfield County Project Engineer. 13. A maximum of ten (10) frac tanks may be installed on the site under this Special Use Permit. 14. Prior to the issuance
of the Special Use Permit, a reclamation security of $2500 per acre shall be submitted for the .86-acre site disturbance, as per the Garfield County Vegetation Manager. If the use as
a water treatment system is ended, reclamation shall be initiated within 60 days and meet the requirements
set forth in the reclamation plan in place on the date the Special Use Permit issued, or the site reclamation standards in place at the time of use cessation, whichever is more stringent.
The reclamation standards at the date of permit issuance are cited in Section 4.06, 4.07 and 4.08 of the Garfield County Weed Management Plan (Resolution #2002-94). 15. Dust mitigation
on the sites and access roads must be performed to prevent fugitive dust. 16. Prior to issuance of the Special Use Pennit, written confirmation by a certified wildlife biologist shall
be provided· to the Garfield County Planning Department to ensure that no active nest sites are within a distance considered by the Colorado Division of Wildlife (chart, page 19 of the
Biologic Survey section) to be adversely affected by human activity. 17. Bear-proof refuse containers shall be required on the site. 18. The Special Use Pennit for the Temporary Produced
Water Management System shall expire 12 months from the issuance of permit, subject to a review at that time to consider for extension of another 12 months. +L J Dated this 1[; , day
of ~ ,A.D. 2009. ATTEST: GARFIELD COUNTY Upon motion dnly made and seconded the foreg 1 the following vote: BOARD OF COMMISSIONERS, GARF COUNTY, COL D ~J~o~hn~M~art~in~ __________________________
~ ___ ~ _____ ,Ay. ~M~ik~e~S~arn~s~o~n ______________________ ~ ___________ ~-=~~,ye Tresi Houpt , Aye STATE OF COLORADO County of Garfield ) )ss )
1111 WI. F~'W.t\A!I~r.vM~ll,IIWrtW~W,t.:Wi,lp«.m'~ I1111 Receptlonij: 769619 06/16;2009 11: 31,13 AM Jean Alber Leo 5 of 5 Reo Fee:$O.00 000 Fae~0,00 GRRFIELD COUNTY CO I, , County Clerk
and ex-officio CJerk 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. 2009 County Clerk and ex-officio Clerk of the Board of County Commissioners
SPECIAL USE PERMIT for Chevron USA, Incorporated on Well Pad 35-BV located in the SE'4SW'4 ojSection36, T5S,R98 Westofthe6P.M in Garfield County, Colorado. In accordance with and pursuant
to the provisions of the Garfield County Zoning Resolution of}978, as amended, and Resolution No. 2009-41 of the Board of County Commissioners of Garfield County, State of Colorado,
hereby authorizes, by Special Use Pennit (SUP 18908), the following activity: Installation /Operation of a Temporary Produced Water Management System located on the 35-B V Well Pad on
.86 acres of an approximately 54,000-acre tract owned by Chevron USA, Incorporated, further described as Parcels # 2137-321-00-008 and 2137-163-00-014. The Special Use Pennit is issued
subject to the conditions set forth in the above-mentioned resolution, and shall be valid only during compliance with such conditions and other applicable provisions of the Garfield
County Zoning Resolution, Subdivision Regulations, Building Code. and other regulations ofthe Board of County Commissioners of Garfield County. Colorado. ATTEST: GARFIELD COUNTY BOARD
OF COMMISSI RS, GARFIELD COUNTY COL RADO Chaillmul/
IIII W*mll~l"j~IIiI'1 ioI!lJ'II~~~r''':lft~'~II,I-W,~'', 11111 Reception#: 785634 05/06/2010 11:37:15 AM Jean Alberioo 1 of 2 Ree Fee:$0.00 Doc Fee:0.00 Gr:lRFIELD COUNTY CO LAND USE
CHANGE PERMIT For Chevron USA, Inc. to amend approval conditions 13 and 18 of Resolution 2009-41 for approvals granted to allow a Temporary Produced Water Management System on Well Pad
35-BV located north of the terminus of CR 211, Clear Creek Road, in the SEl4 NEl4 Section 35, Township 5 South, Range 98West of the 6th P.M., Garfield County Parcel Numbers:2139-163-00-014
2137-321-00-008 In accordance with and pursuant to the provisions of the Garfield County Unified Land Use Resolution of 2008, as amended, the Director hereby authorizes the following
amendment to the approval granted for a Temporary Produced Water Management System via Resolution 2009-41: ApPROVAL TO EXTEND THE PERMIT TERM FOR A PERIOD OF TWELVE (12) MONTHS, WITH
A REVISED EXPIRATION DATE OF JULY 7, 2011; AND PERMITTING FOURTEEN (14) ADDITIONAL FRAC TANKS TO BE STORED ON 35-BV WELL PAD AS SHOWN OF THE ATTACHED SITE PLAN, EXHIBIT A. ALL OTHER
CONDITIONS OF APPROVAL CONTAINED WITHIN RESOLUTION 2009-41 WILL REMAIN IN FULL FORCE AND EFFECT. This Land Use Change Permit is issued subject to the original conditions set forth in
Resolution 2007-61 and all other applicable provisions of the Garfield County Unified Land Use Resolution of 2008, as amended, Building Code, and other regulations of the Board of County
Commissioners of Garfield County, Colorado. This Land Use Change Permit is issued under the authority granted to the Director of Building and Planning under Section 4-107 of the Unified
Land Use Resolution of 2008, as amended. Fred A. Jarman, AI P Director of Building nd Planning Garfield County File Number SUAA6386 Da(e 7
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