HomeMy WebLinkAbout4.0 Resolution 99-085I ~illll illll llllll llllll llll llll l~.1 J ll Ill lllll llll llll ~SS0311 08 /10 /19 9.9. 11:47A B1144 P662 M ALSDORF
3 of s'R 0.00 D 0 .00 GARFIELD COUNTY CO
STATE OF COLORADO )
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Cou nty of Garfield )
At a regu lar meeting of the Board of County Commission ers fo r Garfield County,
Co lorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in G lenwood
Springs on Monday , the 9th day of August A.D. 19 99 there were present:
--=J=oh,_,,,n"-=M=a=-rt=i,_,_n _____________ , Commissioner Chairman
_ _.W-'-=al'""-t -=S-"'to .... w..._e=--------------· Commissio ner
-~L=a~r ry'-<1----"M~c~C~o~w~n~-----------' Commissioner
-~D~o~n~D~eF~o~r~d~------------• County Attorney
-~M==ild=r~e=d~A=l=sd.,_,o=r_,__f ___________ , C lerk of th e Board
-~E=d~G~re=e=n ______________ , County Administrator
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 99 -085 •
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT
APPLICATION FOR BALLARD PETROLEUM AND THE REPEAL OF RESOLUTION
#96-2 1
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has
received applicat ion from Ballard Petroleum for a Special Use Permit to a ll ow for the operation
of a produced water pit at the si te identified in the app li cation : '
WHEREAS, the Board held a public hearing on the 16111 day of Febrnary 1999, upon the :
qu estion of whether t he abov~-descri bed Special Use Permit shou ld be grant ed or denied, at
which hearing the publi c a nd interested perso ns were g iven the opportuni ty to express their
opin ions regarding the issuance of said Special Use Permit; and
WHEREAS, the Board on the basis of substantial competent evidence produced at the
aforement ioned hearin g, has made th e fo ll owing determination of fact:
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1. That proper publication and public notice was provided as required by law for the
hearing before the Board of County Commissioners.
2. That the hearing before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that hearing.
3. That the application is in compliance with the Garfield County Zoning Resolution
of 1978, as amended.
4. For the above stated and other reasons, 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 the Special Use Permit be and hereby is approved to operate a
produced water pit at the site identified in the application, upon the following specific conditions:
1. That all representations of the applicant, either within the application or stated at
the meeting before the Planning Commission, shall be considered conditions of
approval.
2. That the operation of the facility be done in accordance with any federal, state or
local regulations governing the operation of this type of facility.
3. That the operation of the facility be in accordance with the provisions allowed
within the Surface lease agreement signed by the applicant (Lessee) and the
Landowner (Lessor).
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4. That the applicant comply with the provisions of the National Fire Code as it
pertains to this type of facility.
5. The issuance of the special use permit requires that the applicant provide to the
County Engineer, at their expense, annual review of water chemistry, at such time'
freestanding water is in the pit. Evidence of water contamination shall require that
Ballard Petroleum shall be required to address and mitigate the contamination.
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6. The County reserves the right to hire outside expertise, at the applicants expense,
to investigate any possible water, air or other physical contamination on or off site
as may be attributable to the use.
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7. That the facility is for the sole use of Ballard Petroleum. Additional uses of the site
shall require additional review of the special use permit by the Board of County
Commissioners.
8. The applicant shall continue to maintain the site in a manner consistent with the
permit as issued under Resolution 96-21.
9. Ballard Petroleum shall provide to the County a site rehabilitation plan.
Dated this 9th day of~A~u..,.g=u-s~t ____ , A.D. I 9__li_.
ATTEST:
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GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, COLORADO
··Upon motion duly made and seconded the foregoing Resolution was adopted by the.
following vote:
Commissioner Chairman, John Martin,--------------~ Aye
Commissioner, Walt Stowe, Aye·
Commissioner, Larry McCown, Aye
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550311 08/10/1999 11:~,A 81144 P665 M ALSOORF
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ST A TE 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. 19 __ .
County Clerk and ex-officio Clerk of the Board of County Commissioners
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