HomeMy WebLinkAboutResolution 2005-571 111111 1111! 1111111 11111 1111 1111 1111111 111 11111 1111 1111
679496 08/03/2005 04:20P B1713 P865 M RLSDORF
1 of 5 R 0.00 D 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 Plaza Building, in
Glenwood Springs on Monday, the 1st day of August, 2005, there were present:
John Martin
Larry McCown
Tresi Houpt
Carolyn Dalhgren
Mildred Alsdorf
Ed Green
, Commissioner Chairman
, Commissioner
, Commissioner
, Deputy County Attorney
, Clerk of the Board
, County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2005- 5 7
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE
PERMIT FOR ENCANA HIGH MESA "STORAGE, PROCESSING, AND MATERIAL
HANDLING OF NATURAL RESOURCES" FOR A PRODUCED WATER
TREATMENT AND STORAGE POND FACILITY
WHEREAS, the Board of County Commissioners of Garfield County, Colorado,
received a Special Use Permit (SUP) request for "Storage, Processing, and Material
Handling of Natural Resources" submitted by Encana Oil and Gas USA, Inc to construct
a produced water treatment and storage pond facility; and
WHEREAS, the proposed facility is to be located on 30.45 acre property formerly
known as the High Mesa property located off of CR 304, south of Parachute, CO and is
zoned Agricultural/Residential /Rural Density, where such use is permitted as a Special
Use; and
WHEREAS, the proposed facility will serve as a temporary holding pond where
produced water generated from natural gas drilling operations in the area can be treated,
stored, and then reused in drilling operations in the area operated by Encana Oil and Gas,
USA; and
WHEREAS, the proposed pipeline is to be located on a property legally described
in Attachment A attached hereto; and
1 11111111111 111111! 11111111111111111111111 11111 1111 1111
879496 08/03/2005 04:20P B1713 P866 M ALSDORF
2 of 5 R 0.00 D 0.00 GRRFIELD COUNTY CO
WHEREAS, the Board of County Commissioners held a public hearing on the
20th day of June, 2005 upon the question of whether the above - described SUP should be
granted or denied, during which hearing the public and interested persons were given the
opportunity to express their opinions regarding the issuance of said SUP; and
WHEREAS, the Board of County Commissioners on the basis of substantial
competent evidence produced at the aforementioned hearing, has made the following
determination of facts:
1. That proper publication, public notice, and posting was provided as required by law
for the hearings before the Board of County Commissioners.
2. That the public hearing before Board of County Commissioners was extensive and
complete; all pertinent facts, matters and issues were submitted; and that all interested
parties were heard at those hearings.
3. The proposed Special Use Permit conforms to Sections 3.10.04, 5.03, 5.03.07 and
5.03.08 of the Garfield County Zoning Resolution of 1978, as amended.
4. The proposed use is in the best interest of the health, safety, morals, convenience,
order, prosperity and welfare of the citizens of Garfield County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Garfield County, Colorado, that based on determination of facts set
forth above, the SUP request for "Storage, Processing, and Material Handling of Natural
Resources" is approved with the following conditions:
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 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 Commission
(COGCC) and the National Fire Code as the Code pertains to the operation of
this facility.
4. The issuance of the SUP shall be subject to an annual review of the water
chemistry contained in the evaporation pit at such time when free standing water
is within the pit and water samples collected from the ground water monitoring
well. These analyses shall be submitted to the Building and Planning Department
on the first day of July for every year the pit is in operation. The cost of this
analysis shall be born entirely by the Applicant. If this water is determined,
1111111 111111III11 11111111 11111111
679498 08/03/2005 04:20P 81713 P867 M ALSDORF
3 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO
through these analyses, to be hazardous or toxic based on applicable standards,
the Applicant or owner / operator of the facility shall be required to submit an
additional SUP to specifically address / mitigate any detected potential hazards.
5. The County reserves the right to retain outside expertise, at the expense of the
Applicant / operator of the facility, in order to conduct tests or analyses of the
physical nature, water chemistry or groundwater properties on or away from the
site.
6. That this facility is for the sole use of the Applicant. If any other entities are to be
added as users, then they would be subject to an additional SUP as well as rules
and regulations as administered by the COGCC.
7. That all out -of -state vehicles and equipment associated with the operation of the
facility be properly licensed within the State of Colorado.
S. All produced water brought to the facility that is contained in any above ground
storage / treatment / separator tanks shall be contained within an adequate
secondary containment structures constructed from impermeable materials to
prevent any spill from impacting groundwater.
9. The Applicant shall comply with the following requirements in order to mitigate
adverse affects of this operation on wildlife:
a. The Applicant shall monitor the pond for the presence of oil as a matter of
typical operation and maintenance duties and to prevent wildlife from
being harmed. If, in the unlikely event, oil reaches the pond water, the
Applicant shall take measures to immediately remove it.
b. The Applicant shall install a waterfowl deterrence system that consists of
the placement of high- tensile wire at regular intervals across the pond.
These wires act as a visual deterrent to birds attempting to land on the
water, and as a noise deterrent, as the stretched wire creates an ultrasonic
(inaudible to humans) sound.
c. The Applicant shall immediately report the death of any migratory bird
caused by activities or structures at the facility to the Colorado Division of
Wildlife and the United States Fish and Wildlife Service in accordance
with state and federal regulations.
1Q. Prior to the issuance of a Special Use Permit, the Applicant shall submit the
following items to the Count Vegetation Manager for approval:
a. The Applicant shall map and inventory the property for the County Listed
Noxious Weeds.
111111 11111il 11111 1111 11111111111111 IN11 11111111
679496 08/03/2005 04:20P 81713 P868
4 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO
b. The Applicant shall provide a Weed Management Plan for the inventoried
noxious weeds.
c. The Applicant shall augment the site reclamation plan by providing a plant
material list and planting schedule for the reclamation.
d. The Applicant shall provide a Mosquito Management Plan that will
address how the Applicant intends to monitor and manage this site for
mosquitoes.
11. Prior to the approval of the Special Use Permit, deeds will be submitted to the
Planning Department, demonstrating the ownership of the property subject to
the permit request.
12. Prior to the approval of the Special Use Permit, a specific water decree from
Unocal, transferring the point of diversion for the water rights to be used for this
permit will be submitted to the Planning Department.
13. The applicant shall provide adequate dust mitigation for the roads into the site.
14. The issuance of the Special use Permit shall be subject to an annual review of
the conditions of approval. Any determined violation shall be subject to the
procedures contained in Section 9.03.05 of the Garfield County Zoning
Resolution of 1978, as amended.
Dated this 1 st day of Ang»:at- , A.D. 2005.
A'1'LEST:
111 '11:t1;,'
1 `Ir ; "e,
•� r
erk 0`,the Bow;
GARFIELD COUNTY
BOARD OF
COMMISSIONERS,
GARFIELD COUNTY,
COLORADO
Upon motion duly made and seconded the foregoin._ Resol .n waladopted by
' The following vote:
John Martin
Larry McCown
Trdsi Houpt
, Aye
, Aye
, Nay
111111 111111 1111111 11111 1111 1111 111111111111111 IIII 1111
679496 08/03/2005 04:20P B1713 P869 M ALSDORF
5 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO
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, 1 have hereunto set my hand and affixed the seal of
said County, at Glenwood Springs, this day of , A.D. 2005
County Clerk and ex- officio Clerk of the Board of County Commissioners