HomeMy WebLinkAbout5.0 Resolution 2007-531111 Wl. KriMMIU,!,Kfl ,~~~\IA l~~:~'Y 11111
Receptiontt: 725814 .
06/19/2007 09:47:14 AM B: 1939 P: 0133 Jean Alber100
1 of 5 Rec Fee:$0.00 Doc Fee: GARFIELD COUNTY CO
STA 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 Courthouse, in Glenwood Springs on,
Monday, the 4th day of June A.O. 2007, there were present:
John Martin , Commissioner Chairman ~~~~~-----------
=L"'a rry'-'-J..-'"M"'c'-'C""o""w"'n"------------' Commissioner
""T"'re=s"--i "'H=o=up"'t,__ ____________ , Commissioner
=D~o=n~D'-'e=F~o=rd"-------------' County Attorney
'-'Je=a=n~A=l=b=er=ic=o"-------------' Clerk of the Board
=E=d~G=r=ee=n~------------' County Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 2007-53
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE
PERMIT APPLICATION FOR A SPECIAL USE PERMIT FOR STORAGE AND
MATERIAL HANDLING OF NATURAL RESOURCES
WHEREAS, the Board of County Commissioners of Garfield County, Colorado ("Board"),
has received an application from The Estate of William F. Clough for a Special Use Permit ("SUP")
to allow for Storage and Material Handling of Natural Resources within the Resource Lands (Gentle
Slopes & Lower Valley Floor) zone district for the following activity:
1) Construct ten (10) 400 barrel tanks (168,000 gallons) to serve as an unmanned
centralized collection I storage facility for Semcrude, LP which is a company which
transfers natural gas condensate as a marketable commodity from Williams Production
RMT natural gas wells to processing facilities outside Garfield County;
2) This facility shall be allowed to operate 24 I 7 year round for Semcrude, LP exclusively
on a 4.13-acre lease on the property owned by William F. Clough located approximately
0.7 miles north of SH 6 & 24 on the east side of CR 246 (Anvil Points Road);
3) The operation shall allow a maximum of 16 bobtail trips per day and 8 tanker trips per
day.
WHEREAS. the Board held a pllblic hearing on the 4th day of June, 2007, 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
1
1111 Wi. n r,rnr-11i ,iw.ir,riw, ,~wiw~~ 1.vi:~,11 11111
Reception#: 725814
06/19/2007 09:47:14 AM B: 1939 P: 0134 Jean Alberico
2 of 5 Rec Fee:$0.00 Doc Fee: GARFIELD COUNTY CO
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
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, 5:03.08
and 9:03) 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 is hereby approved subject to compliance with all of the
following specific conditions:
1. That all representations of the Applicant, either in testimony or the submitted application
materials, shall be considered conditions of approval unless specifically altered by the Board of
County Commissioners.
2. Prior to the issuance of a Special Use Permit, the Applicant shall furnish the County Building
and Planning Department with a plan that shows how the area to contain the tank battery is lined
and what type of liner is used.
3. The Applicant shall submit a revised Spill Prevention Counter-measure and Control (SPCC) plan
specific to this project once project construction has been completed demonstrating that the liner
has been put in place as well an updated contact list that reflects local emergency I spill response
numbers.
4. That all vehicles used in the operation of this Special Use Permit be registered in the State of
Colorado.
5. That the Applicant meet with the County Vegetation Manager to determine a final reclamation
bond amount and an approval of the reclamation and weed management plan prior to the
issuance of the SUP.
6. That a reclamation bond be submitted to the County prior to the issuance of the SUP.
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7. That the Applicant comply with the following conditions as proposed by the County Road and
Bridge Department including:
a. Road and Bridge will issue a driveway access permit upon final approval by the BOCC
with conditions specific to the driveway location. The conditions will include the width
of the driveway access, a paved apron and a stop sign at the entrance to Cr. 246. The stop
sign and installation shall be as required by the MUTCD (The Manual on Uniform
Traffic Control Devices).
b. This facility fits in with other operations in the surrounding area and is away from a
residential area. The reduction in truck traffic on CR 246 is a benefit to the County Road
system and the location of this proposed facility uses a limited distance of CR 246 from
the intersection of Highway 6 & 24 to the proposed facility.
c. As tanker transport vehicles are mandated under the divisible load standards they cannot
haul more than the weight limit on CR 246. The weight limit on CR 246 is 80,000
pounds for 5 axe! vehicles and 54,000 pounds for 5 axe! vehicles.
d. All vehicles hauling equipment and building materials for the proposed facility will abide
by Garfield County's oversize/overweight permit system.
8. All project activities shall be required to comply with the following performance standards:
(1) Volume of sound generated shall comply with the standards set forth in the Colorado
Revised Statutes at the time any new application is made.
(2) Vibration generated: 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 011 which the use is located.
(3) 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.
(4) Emission of heat, glare, radiation and fumes: 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 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.
(5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas:
3
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(A) 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 I comments from the appropriate local protection district
regarding compliance with the appropriate codes;
(B) At the discretion of the County Commissioners, all outdoor storage facilities may
be required to be enclosed by fence, landscaping or wall adequate to conceal such facilities
from adjacent property;
(C) 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;
(D) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and
the following standards:
I. The minimum lot size is five (5) acres and is not a platted subdivision.
2. The equipment storage area is not placed any closer than 300 ft.from any
existing residential dwelling.
3. All equipment storage will be enclosed in an area with screening at least
eight (8) feet in height and obscured from view at the same elevation or
lower. Screening may include berming, landscaping, sight obscuring
fencing or a combination of any of these methods.
4. 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.
5. Loading and unloading of vehicles shall be conducted 011 private property
and may not be conducted on any public right-of-way.
(E) Any storage area for uses not associated with natural resources shall not exceed
ten (JO) acres in size.
(F) Any lighting of storage area shall be pointed downward and inward to the property
center and shaded to prevent direct reflection 011 adjacent property.
(6) 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.
9. The Applicant shall install security cameras at the facility adequate to provide comprehensive
surveillance of the facility.
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06(19/200709:47:14 FIM B: 1939 P: 0137 Jean i=llberico
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Dated this ;fllc day of-----J~==-. ---'------'AD. 20_.a_,z.__.
ATIEST: GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD COUNTY,
COLORADO
~C=O=M=M=I~S=S~IO~N~E=R~C==H~A=IR~J~O=H~N-'-"--F.~M'-"'-'A~R~T=IN'--------~'Aye
~C~O~MM~I~s~s~IO~N~E~R~~LA~R~R~Y-'--'=L~.""'Mc~c~o~W~N~ _________ ,Aye
~c~o~M~M~I~s~s~IO~N~E~R"-'-TRE~,s~I~H~O~U~P~T~-----------'Nay
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 , AD. 20 __ .
County Clerk and ex-officio Clerk of the Board of County Commissioners
5
~SemCrude-
Fred Jarman, Director
Garfield County Building
and Planning Department
108 8th Street, RM 401
Glenwood Springs, CO 81647
June 18, 2007
Via Federal Express
Jayne E. llfla
Manager, Right of Way
Tel: 405.692.5145
Cell: 405.415.5443
Fax: 405.691.5192
E-mail: jiffla@SemGroupLP.com
RECEIVED
JUN 2 0 2007
RE: Clough Condensate Transfer Facility
Special Use Permit
Gv,RFiELD COUNTY
BUILDING & Fe.ANNING
Garfield County, Colorado
Dear Mr. Jarman:
On behalf of SemCrude, L.P., Phil Vaughan of Phil Vaughan Construction Management,
Inc., recently received approval for a Special Use Permit authorizing SemCrude to construct
certain improvements on its Clough station condensate transfer facility site situated on a tract of
land in the NE/4 SW/4 of Section 20, Township 6 South, Range 94 West.
Condition No. 5 of the Conditions of Approval associated with issuance of the permit,
requires that the County Vegetation Manager determine a final reclamation bond amount in
conjunction with her/her approval of the reclamation and weed management plan. That bond
amount has been established at $5,500.00.
Therefore, in response to Condition No. 5, enclosed please find the original Reclamation
(Revegetation) Bond effective June 18, 2007 issued by the Surety, Westchester Fire Insurance
Company.
Please do not hesitate to contact me at ( 405) 692-5145 should you required additional
information.
JEI/enc.
Cc: David Clemens
Phil Vaughan
egards,
~~ J. _;l//,u-
E. Iffia //'-
Manager, Right of Way
11501 South 1-44 Service Road • Oklahoma City, OK 73173-8315 •Tel: 405.691.5016 • Fax: 405.691.5192 • www.semgrouplp.com
SemCrude, LP., a Member of SemGroup, L.P.
BondNo.: K07110029
RECLAMATION (REVEGETATION) BOND
KNOW ALL MEN BY THESE PRESENTS, that the undersigned ___ _
SamCrude, L.P. as Principal and Westchester Fire
Insurance Company as Surety are held and finnly bound unto
Board of County Commissioners of Garfield County, Colorado, as Obligee in the penal sum of
-,-Five 1housand Five Hundred Dollars and 00/100-css,500.00) for the payment of which,
well and truly to be made the said principal and the said Surety, bind themselves, their heirs,
executora, administrators, successors and assigns, jointly and severally, finnly by these presents.
WHEREAS, the Principal has applied for a Special Use Pemit and the BOCC has
required a rcvegetation bond securing Principal' s perfonnance under the Garfield County Weed
Management Plan and the Principal's "Site Rehabilitation Plan -SemCrude LP.
Condensate Tranter Facility as a condition of approval of the SUP, all as more specifically set out in
the BOCC resolution dated June 18, 2007.
NOW, THEREFORE, if such permit is granted and if the Principal shall faithfully
perfonn its duties under the tenns of the permit, then this. obligation shall be null and void,
otherwise to remain in full force and effect.
PROVIDED, that if Surety shall so elect, this bond may be cancelled as to subsequent
liability by giving thirty (30) days notice in writing to both the Principal and Obligee.
IN WITNESS WHEREOF, the Principal and Surety have hereunto set their hands and
seals this ~ day of June 2007. The effective date of this bond is
June 18 2007.
SemCruda, L.P.
(Seal)
(.
P~td~
(Seal)
Surety: Westehester Fire Insurance Cpmpany
4Mtt..~
Diane Kem, Attomey-1~-'Fact