HomeMy WebLinkAbout5.0 Resolution 2008-511111 47iviiiNIlN!,Ualrir'Qi+ !HU4 ikii 11111
Receptlon8: 746834
04/18/2008 02:54:01 PM Jean Plberlco
1 of 8 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD 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 10th day of March A.D. 2008, there were present:
John Martin
Larry 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. 2008-51
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE
PERMIT FOR AN INDUSTRIAL SUPPORT FACILITY WHICH WOULD INCLUDE:
MATERIAL HANDLING, PUMPING FACILITIES, STAGING AREAS, STORAGE
AREAS AND PROCESSING ("CENTRAL PRODUCTION FACILITY") IN THE
RESOURCE LAND ZONE DISTRICT, LOCATED APPROXIMATELY 12.5 MILES
NORTH OF THE TOWN OF DEBEQUE OFF COUNTY ROAD 211 AND WITHIN A
PROPERTY OWNED BY CHEVRON USA, INC, GARFIELD COUNTY
PARCEL NO# 213732100008
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, received a
Special Use Permit (SUP) request for an Industrial Support Facility which would include: material
handling, pumping facilities, staging areas, storage areas and processing (hereafter referred to as a
"Central Production Facility") in the resource land zone district, located approximately 12.5 miles
north of the Town of DeBeque off county road 211 and within a property owned by Chevron USA,
Inc, Garfield County; and,
WHEREAS, the Central Production Facility is to be located a 8.5 -acre portion of the 54,000 -
acre property owned by Chevron USA, Inc located at the end of County Road 211 north of DeBeque,
CO; and
WHERERAS, the subject property is zoned Resource Lands (Gentle Slopes & Lower Valley
Floor) where such use is permitted as a Special Use; and
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04/18/2008 02:54:01 PM Jean Alberto°
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WHEREAS, the Central Production Facility will serve as a collector point where gathered
natural gas is sent for dehydration and compression of gas collected in the area; once compressed, the
natural gas is delivered to a higher pressure system and transported to a location where it is
conditioned for sales; and
WHEREAS, the Board of County Commissioners opened a public hearing on thel Oth day of
March, 2008 upon the question of whether the above-described SUP should be granted or denied,
during which hearing the public and interested persons were given the opportunity to express their
opinions regarding the issuance of said SUP; and
WHEREAS, the Board of County Commissioners closed the public hearing on the 10`s day
of March, 2008 to make a fmal decision; 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
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 a Special Use Permit for Processing and Material Handling of Natural
Resources for a property owned by Chevron USA, Inc. 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:
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a. Volume of sound generated shall comply with the standards set forth in the Colorado
Revised Statutes.
b. 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.
c. 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.
d. 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.
e. 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.
f. 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. 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.
h. Loading and unloading of vehicles shall be conducted on private property and may
not be conducted on any public right-of-way.
g.
i. Any storage area for uses not associated with natural resources shall not exceed ten
(10) acres in size.
j. 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 operation of the facility be done in accordance with all applicable federal, state, and
local regulations governing the operation of this type of facility.
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4. 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.
5. The total area of disturbance shall not exceed 21 acres in size. The Central Production
Facility and Flare Safety Zone at completion shall have a footprint no larger than 8.5
acres. The temporary borrow area shall not exceed 12.5 acres (8.0 acres for borrow area
and 4.5 acres for topsoil storage).
6. That all proper building permits and ISDS permits are obtained for the structures and
wastewater disposal systems, including vault -and -haul systems, associated with the
operation of the Central Production Facility.
7. Sewage systems shall to be installed and maintained in accordance with the Garfield County
ISDS regulations with all pipes and connections water tight and lids kept securely in
place at all times except during normal cleaning operations.
8. The facility shall have a minimum total capacity of 6,050 gallons of potable water storage
which shall be refilled a minimum of every three days in connection with 1.4 acre
temporary storage (staging) area. These tanks shall be removed at the point that the flare
is operational and the lay down yard (Staging Area) is decommissioned. The permanent
Control Building shall be connected to a permanent water supply system.
9. The facility shall have a minimum total capacity of 3,025 gallons of potable water storage
capacity which shall be refilled a minimum of every three days from either well water
produced on the subject property as demonstrated within this application or from water
purchased from a water supplier in connection with the permanent Control Building.
10. The facility shall have a minimum total capacity of 8,060 gallons of sewage and wastewater
storage capacity which shall be emptied a minimum of every three days. These tanks
shall be removed at the point that the flare is operational and the lay down yard (Staging
Area) is decommissioned. The permanent Control Building shall be connected to the
ISDS and shall not be served by sewage vault tanks.
11. Wildlife -proof refuse and/or recycling containers must be provided for trash. At least one
thirty (30) cubic yard container shall be provided for the facility. Said container(s) must
be durable, washable, non-absorbent metal or plastic with tight -fitting lids. Refuse shall
be disposed of not less than once weekly.
12. All equipment and structures must be painted in accordance with the BLM Gold Book
standards.
13. The Applicant shall treat the gravel surfaces within the facility periodically as needed with
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an approved dust suppressant to control fugitive dust.
14. The Applicant shall have six (6) months from the date of issuance of the Special Use Permit
for Chevron USA Inc. to obtain and be approved for the Synthetic Minor permit from
CDPHE. If Chevron USA, Inc. fails to obtain a permit within the specified timeframe,
the permit is denied by CDPHE, or the conditions of the permit modify the site plan as
approved under this Special Use Permit, the approved Special Use Permit from Garfield
County shall become null and void. At this point, Chevron USA, Inc. will need to reapply
for a new Special Use Permit from Garfield County for this facility.
15. The Applicant is required to submit a fmal noise study for the proposed facility which
indicates that the facility will not cause noise levels which exceed the state statute. This
study is also subject to Condition 26, below. If the facility does not conform to the State
statutes regarding noise generation, the applicant will need to submit a plan for
mitigating this noise. If this mitigation plan requires amendments to the submitted and
approved Special Use Permit or any representations made the Applicant however, the
Applicant shall submit for a new Special Use Permit from Garfield County for this
Central Production Facility.
16. All construction and operation of the site shall occur in accordance with the Storm Water
Management Plan (SWMP) as submitted. In addition, as represented in the application,
Chevron USA Inc. shall conduct bi-weekly SWMP inspections to ensure site stabilization
measures are adequate and/or identify areas that need repair or improvement.
17. All construction and operation of the site shall occur in accordance with the most up-to-date
SPCC plan for this site.
18. The embankments adjacent to the floodplain limits shall have rip -rap slope protection in
order to prevent erosion on the embankment slopes.
19. The Applicant shall submit an approved and adequate well permit to serve the permanent
control building prior to issuance of the Special Use Permit. In order to maintain
consistency with the proposed ISDS, this well permit shall be adequate in terms of rights
and quantity to serve a workforce of up to ten (10) employees.
20. The Applicant shall submit a new Integrated Vegetation and Weed Management plan which
incorporates that area which is to be disturbed by the proposed Central. Production
Facility. This plan shall be reviewed and deemed adequate by the Garfield County
Vegetation Management Department prior to issuance of the Special Use Permit. The
Applicant shall submit this plan by June 1, 2008, shall NOT grade or disturb any portion
of the subject site prior to the Integrated Vegetation and Weed Management plan's
review and acceptance by the Garfield County Vegetation Management Department and
shall incorporate a soil "ripping" process into this revegetation and rehabilitation plan.
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21. Before leaving the approved site, all off-road major construction equipment (graders,
dozers, etc) working in areas of mapped noxious weeds shall be power washed to remove
seeds, soil, and vegetative matter.
22. The Applicant shall provide a security for revegetation in the amount $31,250 to cover the
estimated 12.5 acres to be disturbed prior to issuance of the Special Use Permit (using a
rate of $2500 per acre for a facility that may be in place for up to one year). The security
shall be held by Garfield County until vegetation has been successfully reestablished
according to the Reclamation Standards in the Garfield County Vegetation Management
Plan. It is the responsibility of the applicant to contact the County, upon successful
revegetation establishment, to request an inspection for security release consideration.
The monetary amount of the revegetation bond may vary from the amount specified
above as it is dependant the revaluation of the new materials submitted on March 7, 2008
(See Condition 25, below).
The applicant shall provide the Vegetation Management Department with the original
tags from each seed bag. The seed mix in the Plan shall match the seed mix used in the
field. Do not use a seed mix containing yellow sweet clover (Melilotus offcinalis) or
annual yellow sweetclover (M indicus). The amount of seed specified to be planted in
the Plan shall match the quantity of seed used in the field.
23. The Applicant shall provide a security for revegetation in the amount $34,000 to cover the
estimated 8.5 acres to be disturbed prior to issuance of the Special Use Permit (using a
rate of $4000 per acre for a facility that may be in place for up to twenty (20) years). The
security shall be held by Garfield County until vegetation has been successfully
reestablished according to the Reclamation Standards in the Garfield County Vegetation
Management Plan. It is the responsibility of the applicant to contact the County, upon
successful revegetation establishment, to request an inspection for security release
consideration. The monetary amount of the revegetation bond may vary from the amount
specified above as it is dependant the revaluation of the new materials submitted on
March 7, 2008 (See Condition 25, below).
The applicant shall provide the Vegetation Management Department with the original
tags from each seed bag. The seed mix in the Plan shall match the seed mix used in the
field. Do not use a seed mix containing yellow sweet clover (Melilotus offcinalis) or
annual yellow sweetclover (M indicus). The amount of seed specified to be planted in
the Plan shall match the quantity of seed used in the field.
24. Any straw or hay bales used in erosion control shall be certified weed free.
25. An updated Soil Management Plan, Noxious Weed Plan, Revegetation Plan, Revegetation
Bond, and Storm Water Management Plan shall be submitted based on the changes to the
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application dated received March 7, 2008 (Exhibits N through R). These updated plans
shall be reviewed and accepted by the Garfield County Vegetation Management
Department and the Applicant shall comply with all requirements of the Vegetation
Management Department prior to issuance of the Special Use Permit.
26. An updated Sound Study shall be submitted based on the changes to the application dated
received March 7, 2008 (Exhibits N through R). These updated plans shall be reviewed
and accepted by the Garfield County Planning Department and the Applicant shall
comply with all requirements of the Planning Department prior to issuance of the Special
Use Permit.
27. An updated Erosion Control Plan, Grading Plan and Storm Water Management Plan shall
be submitted based on the changes to the application dated received March 7, 2008
(Exhibits N through R). These updated plans shall be reviewed and accepted by the
Garfield County Engineer and the Applicant shall comply with all requirements of the
Engineer prior to issuance of the Special Use Permit.
28. The Applicant shall submit and be approved for a Floodplain Permit from Garfield County
prior issuance of the Special Use Permit.
Dated this 1 fl- day of
ATTEST:
, A.D. 20 0�' .
GARFIELD bUNTY BOARD OF
COMMIS I . GARFIELD COUNTY,
OLO
Ck of the Board h, °•.•___.. _ Chairm
Upon motion duly made and seconded the fore�oin_ Resol fan was a. opted by the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER LARRY L. MCCOWN
COMMISSIONER TRESI HOUPT
, Aye
, Aye
, Aye
STATE OF COLORADO )
)ss
County of Garfield )
I, , County Clerk and ex -officio Clerk of the Board of
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County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed
and foregoing Resolution is truly copied fromtheRecords 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
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