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Home My WebLink About7.0 Resolution 2009-41pill`MAOWililli1h n01161 i' i lIii"" �ilil Reception #; 759619 66!16120D9 11:87:13 AM dean Rtherloo 1 of 6 Ran Fee:.O 00 Doc Fee:0.00 GARFIELD COUNTY CD 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: John Martin , Commissioner Chairman Mike Samson , Commissioner Tresi Haupt , Commissioner Don DeFord , County Attorney in Alberico , Clerk of the Board Ed Green (absent) , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2009- 41 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR THE INSTALLATION / OPERATION 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 SE'/ SW1/4 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 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 lath day of April, 2009, upon the question of whether the above- described Special Use Permit should be granted or denied, minim l NruirgrfiKKEr.iiii III Reoeptiontl: 765619 06!1612009 11:37:13 Aft Jean Alberlco 2 of 5 Rec Fee:t0.00 Doa Fee :0.E0 GARFIELD COUNTY CO at which hearing the public and interested persons were given the opportunity to express their opinions regarding the special use perrnit. 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 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 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 ofthe 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: 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 ®III E`k k ®I III Reception #: 769619 06/1612909 11:37 :13 AN Jean Rlberico 3 of 5 Rec Fee.S0.00 Coo Fee: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 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. 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 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 containment 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 $2500 per acre shall be submitted for the .86 -acre site disturbance, as per the Garfield County Vegetation Manager. If the use as a water treatment system is ended, reclamation shall be initiated within 60 days and meet the requirements Kr" 1irliPIMI a4.I � NM Reception #; 769619 0601612009 11:37:13 AM ]ear, RlberiCO 4 of 5 Rec Fee -60.00 Doc Fao:6.00 GRRFI6LD COUNTY CO set forth in the reclamation plan in place on the date the Special Use Permit issued, or the site reclamation standards in place at the time of use cessation, whichever is more stringent. The reclamation standards at the date of permit issuance are cited in Section 4.06, 4.07 and 4.08 of the Garfield County Weed Management Plan (Resolution #2002 -94). 15. Dust mitigation on the sites and access roads must be performed to prevent fugitive dust. 16. Prior to issuance of the Special Use Permit, written confirmation by a certified wildlife biologist shall be provided to the Garfield County Planning Department to ensure that no active nest sites are within a distance considered by the Colorado Division of Wildlife (chart, page 19 of the Biologic Survey section) to be adversely affected by human activity. 17. Bear -proof refuse containers shall be required on the site. 18. The Special Use Permit for the Temporary Produced Water Management System shall expire 12 months front the issuance of permit, subject to a review at that time to consider for extension of another 12 months. Dated this IC , day of oJt -' , A.D. 2009. ATTEST:. GARFIELD COUNTY BOARD OF COMMISSIONERS, GARF . COUNTY, COL rYl C of the Board Upon motion duly made and seconded the foreg the following vote: John Martin Mike Samson ye Trdsi Houpt , Aye STATE OF COLORADO ) )ss County of Garfield . ) 111 VONa�+A�+�ii l'� tr 00441W � I i f�l� ®Ill 1 Reception #: 769B19 86116!2009 11;37;13 AM Jean Alberich 5 of 5 Rec Fee:$ .00 Doc Fee:0,00 GARFIELD COUNTY CO , 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. 1N 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