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Home My WebLink AboutSpecial Use Permit 10.08.13Reception #: 841688 10!D9f2013 03 20 12 PM Jean Albereoo 1 of 7 Rec Fee $0 00 Doc Fee:0 00 GARFIELD COUNTY CO SPECIAL USE PERMIT For EnCana Oil and Gas USA, Inc for the High Mesa Produced Water Treatment and Storage Pond Facility located approximately 1.4 miles east of the intersection of County Road 300 and County Road 304, on a 30.45 acre property in the North % of Section 36, Township 7 South, Range 96 West, of the 6th P.M. in Garfield County Parcel Number: 2409 -361- 00-048 In accordance with and pursuant to the provisions of the Garfield County Zoning Resolution of 1978, as amended, and Resolution No. 2005 -57 of the Board of County Commissioners of Garfield County, State of Colorado, hereby authorizes, by Special Use Permit, the following activity: Storage, Processing and Material Handling of Natural Resources The Special Use Permit 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 of the Board of County Commissioners of Garfield County, Colorado. ATTEST: Q- 012. ✓}r? of the Board '''''''■,.NGARFIELD CO NTY BOARD OF COMMISSIO 1 E' S, GARFIELD OUNTY C •L'RADO SEA i ae k'1 EnCana Oil & Gas (USA) Inc. Water Treatment Facility Site Section 36, T7N, R96W GARFIELD COUNTY, COLORADO • Wayne Rudd S I; • Daybreak Realty P1425 .Robert E. Gardner • .1 TBJ Donald R. Tliibxi naya> ,_ Realty - 'a LLC • .Uoybreak RealtX`4`PA LLC 49 Larry & Karen • Kkhald • Ronald li • Bosley • r:3 Sodl & Judy Noah Chrteto ber: kook - &o# ds�Jttdy Nom,. '18S • nrli,. Aims " Garber. Larry D. •.:'41sT Knox Naurath Jahn V. &Ph f.g Saar . - -. EPA air 908 Main awl Evanston Wyoming 82990 S U RV EYf NG mono No, {9or) 189.545 ` l?"srn" a: Nollian • artei & �Jkrtfar4 David tbronn A-644 or. ? " "kljtri¢l. . DuH'ae 7Rev. Trot .. V1cfnliyMap Sale: 1" = 2000' SHEET 1 OF 1 , Project 05-04 -04 lo s LaleafRevision Caw Date Drown; 3115/05 111111 11111 BIM 11111 1111 1111 1111111 111 111 1111 IF.61117a IJ,k ,1ite[ W141 11111 Reaepiinn #: 841688 10708/2013 03-26.12 PM Jean Plberico 3 of "+ Rec Fee SD 00 Doc Fee:0.00 GRRFIELO COUNTY CO G70490 00/03/2005 04:20P B1713 P065 h 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 , Commissioner Chairman Larry McCown , Commissioner Trbsi Haupt , Commissioner Carolyn Daingren , Deputy County Attorney Mildred Als dorf , Clerk of the Board Ed Green , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2005 -57 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 Iegally described in Attachment A attached hereto; and lfII!l1 I 1 1111 EL Na�il� tfrOiirla�'it lir 0110, FOLIC, N�� 11111 1 I11111 1101 111111111111 �� 1111 11l 11l 11� 40 0e 2 ec Fee8$0.00PDocOFee rlibRrico COUNTY CO 679496 08/03/2005 04:20P 91713 P866 2 of 5 R 0.00 D 0.00 GARFIELD COUNTY 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 Comrissioners. 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, I 111111' s�' �� "ri��Y�IPP'aiii%Ni'�leViltlitg Intl 11111)1 11111 1111131111111 1111 1I11HI II1'l Rof /2013 03 260 00 Doc Jeer Olbe,coFSEL� COUNTY CO 7 Rep 679496 08/03/2005 04:20P 81713 P867 f 3 of 5 R 0.00 D 0.00 GR8FIELD COUNTY 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. 8. 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. 10. 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. MN I II 1111 �Y�,a< ;!'ril'ai��Elf',I�il P'i1,4 r+10111it..14i�1{1111 11111 Mill l X111 11111 1 �y` � 1111 it l 1111111 111 1111 60 of 7 Rec Fee $0 Jean 0t00rGARFIELD COUNTY CO 679496 88/03/2065 04:20P 1111 P868 M 4 of 5 R 0.00 D 0.00 OQRFIELD COUNTY C 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 1st ATTEST: os,‘ ,1 llllllll., G 1 C erk i•Jhe Board. day of Auguat- A.D. 2005. Updn.illiotion duly made and seconded the foregoin ' tfie following vote: GARFIELD COUNTY BOARD OF COMMIS SIONERS, GARFIELD COUNTY, COLORADO Ch John Martin Larry McCown Tresi Haupt n was adopted by , Aye , Aye , Nay 1 11111111111 1111111 11111 11111111 1111111 III 11111 ■ 11111'1" %11:i'iV i'Ri>argilliiit,l010',h0f411.,I041 11111 Reception #: 841688 10!08/2013 03 26,12 PM Jean Alberico 7 of 7 Reo Fee $0 00 Doc Fee.0 00 GARFIELD COUNTY CO 679496 08/03/2005 04:20P 51713 P869 N AL___ _ 5 of 5 R 0.00 C 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, I 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