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HomeMy WebLinkAbout4.0 Resolution 2009-11STA TE 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 2nd day of February, 2009, there were present: =Jo=hn~M'-&Oart~in=-----------------· Commissioner Chairman .,.M;0:.ik,,.e::..:S~ams=e=.,,.o~n _____________ _.. Conunissioncr .... T...,re""'si...,H=o=u~p .... t ______________ _,. Commissioner ... D=eb=o..,,.rah ........ 0---=uinn=---------------· Assistant County Attorney ... Jean=,...Al=b,..e=ri ... c .... o ______________ _.. Clerk of the Board =Ed=-=-G"""ree=n ..... C=ab~s=en,...t ..... l ____________ __,,County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 2009.-J..L_ A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR THE EXPANSION OF THE CHEVRON USA 36 -JB COMPRESSOR STATION LOCATED ON 2.23 ACRES OF A 54,000-ACRE PARCEL OWNED BY CHEVRON USA INC.; LOCATED IN THE SE~ SW~ OF SECTION 36, TSS, R98W OF THE 6m P.M. IN GARFIELD COUNTY, PARCEL NO# 2137-321-00-008 Recitals A. Garfield CoWlty is a legal and political subdivision of the State of Colorado for which the Board of CoWlty Commissioners (Board) is authorized to act. B. On the 211d 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 sha11 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 2nd day of February, 2009, upon the question of whether the above-described Special Use Permit should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the special use permit. E. The Board of County Commissioners closed the public hearing on Februacy 2nd, 2009, and acted on the basis of substantial competent evidence produced at the aforementioned hearing. R.esoJution NOW, TIIEREFO~ 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 Pennit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. G. The Special Use Pcnnit for the Expansion of the Chevron 36-lB Compressor Station proposed by Chevron USA Inc., shall require that the following conditions be satisfied: 1. That all representations of the Applicant, either with.in the application or sta«:d 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 facilitr. 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 . Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes and the Colorado Oil and Gas Conservation Commission (COGCC), Series 800 regulations. 5. Vibration generated: the Compressor shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instnunents, at any point of any b·oundary line of the property on which the use is located. 6 . Emissions of smoke and particulate matter: the Compressor shall be so operated so as to comply with all Federal, State and County air quality laws, regulations and standards. 7. Emission of beat, glare, radiation and fumes: the Compressor shall be so operated that it docs 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. 8. No storage area is requested or permitted . 9. Any lighting or storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. 10. 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 Envirorunental 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. 11 . Proof of compliance with reclamation requirements for the COGCC well pad site that houses the expanded compressor station, including any financial security, shall be submitted prior to the issuance of the permit. In the event that no security is present, a security for the 2.23·acre site shall be put in place at the reclamation rate of $4000 per acre, the standard reclamation rate by Garfield County Vegetation Management Dated this __....9_ day of 7irby.4'j, A.O . 2009. ATIEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO rk of the Board ~J~o~bn~M~arti==·n.._~~~~~~~~~~~~~~~~~~~~_..Ayc -=Jl.1=ik~c~S=ams==~o~n'---~~~~~~~~~~~~~~~~~~~~'•Aye _T.:..:.:zre~si~H~o~u~p~t~~~~~~~~~~~~~~~~~~~~~___,.Ayc STA TE OF COLORADO County of Garfield ) )ss ) I. County Clerk and ex-officio Clerk of the Board of County Commissioners in and for the County and St.ate 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 Cowity, at Glenwood Springs. this __ day of • A.D. 2009 County Clerk and ex-officio Clerk of the Board of County Commissioners iii