HomeMy WebLinkAboutResolution 2009-41!it1.1' WI' .. ~:J'WI,\N,I~W\t tw,rI,I~r.rmlmrl~:IM,r.lfJl~"A mlill Rec~ntion~: 769619 oeJ11J'I2009 11:37:13 AM Jean AlberLco \ of 5 Rec F~e:$0.Q0 Doc Fee:0.0Q 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
Plaza Building, in Glenwood Springs on Monday, the 13th day of April, 2009, there were present: "'Jo"'hn"'-"M"'art""'in"--______________ , Commissioner Chairman "'M""ik"'e"-'S"'arn"""s"'on"--________
______ " Commissioner .lo.T.c>reo<sl",I·" "1o",u",p",,t ______________, Commissioner "'D"'o"-n-"D""e"-Fo"'r"'d ______________ , County Attorney Jean Alberico ,Clerk of the Board ""E",d-"Gr",ee"""n'-'
.(a",b",s",en",tLl _____________ , 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 INSTALLA nON I OPERA nON OF THE CHEVRON USA TEMPORARY PRODUCED WATER MANAGEMENT SYSTEM LOCATED ON .86 ACRES OF A 54,000-ACRE PARCEL OWNED BY CHEVRON USA,
INC., LOCATED IN THE SEV. SWv. OF SECTION 36, 1'58, 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 of County Commissioners (Board) is authorized to act. B. On the 2nd 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 of County 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 l3th day of April, 2009, upon the question of whether the above-described Special Use Permit should be granted or denied,
at which hearing the public and interested perso,ns were given the opportunity to express their opinions regarding the special use permit. 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 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 findings: A. The forgoing Recitals arc 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 pertinent facts, matters and issues were
submitted; and all interested parti es were he~d 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 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
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(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 COlmty 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 set 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. II. 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 Environmental 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 contailmlent basin for the produced water tanks on site shall be provided
to the Garfield County Project Engineer. 13. A maximum of ten (l0) 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 $2500 per acre shall be submitted for the .86-acre site disturbance, as per the Garfield County Vegetation Manager. If the use as a water treatment
system is ended, reclamation shall be initiated within 60 days and meet the requirements
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in the reclamation plan in place on the date the Special Use Permit issued, or the site reclamation standards in place at the time of use cessation, whichever is more stringent. The
reclamation standards at the date of pennit issuance are cited in Section 4.06, 4.07 and 4.08 of the Garfield County Weed Management Plan (Resolution #2002-94). 15. Dust mitigation on
the sites and access roads must be perfonned to prevent fugitive dust. I G. Prior to issuance of the Special Use Permit, written confinnation by a certified wildlife biologist shall
be provided to the Garfield County Planning Department to ensure that no active nest sites are within a distance considered by the Colorado Division of Wildlife (chart, page 19 of the
Biologic Survey section) to be adversely affected by human activity. 17. Bear-proof refuse containers shall be required on the site. 18. The Special Use Pennit for the Temporary Produced
Water Management System shall expire 12 months from the issuance of permit, subject to a review at that time to consider for extension of another 12 months. -It. J Dated this 15" ' day
of ~ ,A.D. 2009. A TIEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARF COUNTY, COL D Upon motion duly made and seconded the foreg l g Resolu!" the following vote: _J~o~hn~M~art~in~ __________________
________ ~ ___ ~ ______ ,Ay ~M~i~kc~S~am~so~n~ _______________________________________ ~~ _ ~. ye Tresi Houpt , Aye STATE OF COLORADO ) )ss County of Garfield )
111111 A\I' .. ~:IW.t\AII.lr'fMWIII~~·riflI~!t+k~Wi,lpI«,~I~ I11I1 Receptionn: 769619 061 !6;21Z109 11; 37,13 AM Jean Alberico 5 of 5 Reo Fee:$Q.00 000 Fae:0.00 GRRFIELD COUNTY CO I,
, County Clerk and ex-officio Clerk of the Board of County Commissioners in and for the COlmty 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