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Home My WebLink About7.0 Resolution 2008-431IIIlkc%HMV,* 11III Reception#: 746340 04111/2008 08:51:10 RM Jean Alberico 1 of 5 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD 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 Courthouse, in Glenwood Springs on, Monday, the 17th day of March A.D. 2008, there were present: John Martin Lam McCown Tresi Houpt Carolyn Dahlgren Jean Alberico 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, 2008-43 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR PROCESSING AND MATERIAL HANDLING OF NATURAL RESOURCES (WATER GATHERING FACILITY) OPERATED BY BILL BARRETT CORPORATION (WELL PAD 21B-31-691) AND FOR A PROPERTY OWNED BY PERRY DAN RODREICK, GARFIELD COUNTY PARCEL NO# 218131200222 WHEREAS, the Board of County Commissioners of Garfield County, Colorado ("Board"), has received an application from Bill Barrett Corp. (Operator) represented by Wagon Wheel Consulting and with written permission from Perry Dan Rodreick for a Special Use Permit ("SUP") to allow Processing and Material Handling of Natural Resources on a property within the ARRD (AgriculturalResidentiallRural Density) zone district; and WHEREAS, the Board held a public hearing on the 17th day of March, 2008, upon the question of whether the above described SUP should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions concerning the approval of said special use permit; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact as listed below: 1. Proper posting and public notice was provided as required for the meeting before the 1 1111.14711W!iMIiiW-.A"N,h4L'GK110.10Killii 11111 Reception#: 746340 04/11/2008 08:51:10 RM Jean Rlberico 2 of 5 Reo Fee:50.00 Doc Fee:0.00 GARFIELD COUNTY CO Board of County Commissioners. 2. The meeting 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 meeting. 3. The above stated and other reasons, the proposed special use permit has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. The application has met the requirements of Special Use (Sections 5:03, 5.03.07, and 5.03.08) the Garfield County Zoning Resolution of 1978, as amended. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that Special Use Permit for Processing and Material Handling of Natural Resources for a property owned by Perry Dan Rodreick is hereby approved subject to compliance with all of the following specific 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. The Applicant shall comply with all standards as set forth in §5.03.08 "Industrial Performance Standards" of the Garfield County Zoning Resolution of 1978 as amended and included here as follows: a. 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. b. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. c. Every use 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. d. Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards. e. Every use 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 2 1111 kt+IFI1giVIL d - rIAMICNIV 11 11 1 Reception#: 746340 04/11/2008 08:51:10 RM Jean Rlberico 3 of 5 Rec Fee:$0.00 Doc Fee:0.00 GRRFIELD COUNTY CO constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision. f. Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state and local fire codes and written recommendations/comments from the appropriate local protection district regarding compliance with the appropriate codes. No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces. h. - Any repair and maintenance activity requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of 8 a.m. to 6 p.m., Mon. -Fri. i. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. k. Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. 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 International Fire Code as the Code pertains to the operation of this facility. 4. 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. 5. That all necessary building permits are obtained for the water gathering site. 6. Deliveries and construction to the water storage facility shall only occur during daylight hours. '7. The Applicant shall treat the gravel surfaces within the facility periodically as needed with an approved dust suppressant to control fugitive dust. g. j• 3 ■III RfriFSlRi�i� Nll� Nrv, �ti� l;Khi IW Ht��I4(ii'S 1i 111 Reception#: 746340 04/1112008 08:51:10 AM Jean Alberico 4 of 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 8. All construction and operation of the site shall occur in accordance with the Storm Water Management Plan (SWMP) as submitted. 9. All construction and operation of the site shall occur in accordance with the most up-to-date Spill Prevention Control and Countermeasure plan for this site. 10. All construction and operation of the site shall occur in accordance with the Wildlife Assessment and Management Report created by WestWater Engineering and dated November 2007 for this site. 11. The Applicant shall obtain all necessary driveway permits from the Garfield County Road and Bridge Department. Specifically, the Applicant shall pave the driveway apron to a depth of 20 -feet into the site and to a minimum of 4 -inches in depth. 12. All industry traffic shall follow designated preferred haul routes to and from this site as further outlined in Exhibit F. 13. The Applicant shall make the seed tags available to Garfield County upon completion of the reseeding efforts a survey and weed management plan has been provided. Further, a county listed noxious weed, whitetop (Cardaria draba) is not mentioned in the weed plan; however this species is prevalent on the Rodreick' s property in the fields to the east of the project area. It is likely that whitetop may be one of the initial invading species to this site post - disturbance. Any weed management contractor working on this project should be alerted to the threat of whitetop and be prepared to treat it early in the growing season should it become established on this site. Dated this 1 —day of ATTEST: GARFIELD OUNTY BOARD OF COMIvIISS ONE'' S, GARFIELD COUNTY, COLO 4 1111W11111�1ts'?i L d111Pai06C40011011iiii 111111 Reception#: 746340 04/11/2008 08:51:10 RM Jean Rlberico 5 of 5 Rec Fee:$0.00 Doe Fee:0.00 GARFIELD COUNTY CO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN , Aye COMMISSIONER LARRY L. MCCOWN , Aye COMMISSIONER TRESI HOUPT , Aye 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. 20 . County Clerk and ex -officio Clerk of the Board of County Commissioners 5 1111 in iiiirM'r+ tY, Nil LAIN CI 11111 Reception#: 746341 04/11/2008 08:51:10 AM Jean Plberico 1 of 1 Reo Fee:$0.00 Doc Fee:0.00 GPRFIELD COUNTY CO SPECIAL USE PERMIT for A "Processing and Material Handling of Natural Resources" Facility Located on Well Pad 21B-31-691 and Within a Property Owned By Perry Dan Rodreick (Operator: Bill Barrett Corporation), Garfield County Parcel Number: 218131200222 In accordance with and pursuant to the provisions of the Garfield County Zoning Resolution of 1978, as amended, and Resolution No. 2008 - 43 of the Board of County Commissioners of Garfield County, State of Colorado, hereby authorizes, by Special Use Permit, the following activity: "PROCESSING AND MATERIAL HANDLING OF NATURAL RESOURCES" CONCERNING THE PERMITTING OF A TANK FARM FOR PROCESSING AND RECYCLING OF PRODUCED WATER OPERATED BY BILL BARRETT CORPORATION AND LOCATED SOUTH OF THE TOWN OF SILT ON CR 311 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. Al 1'EST: GARFIEL P OUNTY BOARD OF COMMIE IO ' ' , GARFIELD CO ),COLS' 10 f'1 k of the Board