HomeMy WebLinkAboutResolution 2013-14.pdf1111 +'i IJ}liVIRDIililittlithiCIeI 1,linlh 11111
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02/13/2018 10:00:38 API Jean Alberico
1 of 9 Rea Fee:$0.00 Doo Fee:0.00 GARFIELD COUNTY CO
STATE OF COLORADO )
)ss
County of Garfield )
Divide Road Water Facility
At a regular meeting of' the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Administration Building
in Glenwood Springs on Monday, the 4th day of February A.D. 2013, there were present:
John Martin
Mike Samson
Tom Jankovskv
Frank Hutfless
Carey Gagnon
Jean Alberico (absent)
Andrew Gorgey
Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Assistant County Attorney
, Clerk of the Board
, County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. - ('i
A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR WATER
TANK STORAGE AND MATERIAL HANDLING RELATED TO A PRODUCED
WATER FACILITY ON 24.4 ACRES WITHIN A 15,800 -ACRE PARCEL OWNED BY
ENCANA OIL & GAS (USA) INC THIS PARCEL IS LOCATED NORTH OF THE
TOWN OF PARACHUTE IN SECTION 26, TOWNSHIP 4 SOUTH, RANGE 96 WEST
OF THE 6TH P.M., GARFIELD COUNTY
PARCEL NO# 1917-274-00-012
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, (Board) received
a request for a Land Use Change Permit to allow a facility for Water Tank Storage and Material
Handling of produced water. This facility is further described in attached Exhibit A, Site Plan.
B. The Facility is located within a 15,800 -acre parcel of land owned by Encana Oil &
Gas (USA) Inc. The ownership of this property is located in Merger Documents and a Special
Warranty Deed found in the records of the Garfield County Clerk and Recorder.
C. The subject property is located within unincorporated Garfield County in the Resource
Lands (Plateau) zone district, north of the terminus of County Road 215 approximately 16 miles
from of the Town of Parachute.
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Lands (Plateau) zone district, north of the terminus of County Road 215 approximately 19 miles
north of the Town of Parachute.
D. Water Impoundment, Water Tank Storage and Material Handling may be permitted in
the Resource Lands (Plateau) zone district with Limited Impact review.
E. The Board is authorized to approve, deny or approve with conditions a Limited Impact
application resulting in issuance of a Land Use Change Permit pursuant to the Unified Land Use
Resolution of 2008, as amended.
F. The Board of County Commissioners opened a public hearing on the 414 day of
February, 2013 for consideration of whether the proposed Land Use Change Permit should be
granted or denied, during which hearing the public and interested persons were given the
opportunity to express their opinions regarding the request.
H. The Board of County Commissioners closed the public hearing on the 4th day of
February, 2013 to make a final decision.
1. The Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determinations of' fact:
1. That proper public notice was provided as required 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 or could be
submitted and that all interested parties were heard at that meeting.
3. That for the above stated and other reasons, the Land Use Change Permit for "Water
Storage Tanks and Treatment", "Water Impoundment" and "Material Handling" is in
the best interest of the health, safety, convenience, order, prosperity and welfare of
the citizens of Garfield County if recommended conditions of approval are required.
4. That, upon compliance with conditions of approval, the application is in general
conformance with the Comprehensive Plan 2030, as amended.
5. That, upon granting of waiver(s) of Section 7-305 and 7-308 (regarding Landscaping
Standards and Roads Standards) and upon compliance with conditions of approval,
the application is in conformance with Garfield County Unified Land Use Resolution
of2008, as amended,
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02/13/2013 10:04:38 AM Jean Blbmrico
3 of a Rea Pee: $0.00 Doo 848:0. e0 GARFIELD COUNTY CO
RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of the resolution.
B. The Land Use Change Permit for Water Impoundment, Water Tank Storage, and Material
Handling on COGCC-approved Well Pad C-19 is hereby approved subject to compliance
with the following conditions:
1. All representations made by the Applicant in the application, and at the public hearing
before the Board of County Commissioners, shall be conditions of approval, unless
specifically altered by the Board of County Commissioners;
2. 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;
3. The facility shalt 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. Any transportation of heavy equipment on Rio Blanco County roads will require that
the Applicant obtain a Rio Blanco County Road and Bridge Department "Transport
Permit".
5. Industrial activities shall be required to comply with the following standards:
A. All products shall be stored in compliance with all national, State and local codes
and shall be a minimum of 100 feet from an adjacent property line. In addition,
petroleum, and hazardous products shall be stored in an impervious spill
containment area(s).
B. All industrial wastes shall be disposed of in a manner consistent with Federal and
State statutes and requirements of CDPI IE.
C. Noise shall not exceed State noise standards pursuant to C.R.S., Article 12, Title
25, as amended, unless the use is regulated by the COGCC.
D. Every use shall be operated so that the ground vibration inherently and recurrently
generated is not perceptible without instruments at any point of any boundary line
of the property.
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 properly or which
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constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signal,
and reflective painting of storage tanks, or other legal requirements for safety or
air pollution control measures shall be exempted from this provision.
AIR QUALITY
6. Mitigation shall be performed on the site and access roads to prevent fugitive dust.
7. The Applicant shall provide notification to Garfield County that the facility has met
all CDPHE air quality emission control notice and permitting requirements.
WATER QUALITY
8. A site specific Spill Prevention Control and Countermeasures Plan shall be submitted
to Garfield County which included secondary containment requirements and
verification of sizing.
9. Prior to issuance of the Land Use Change Permit the Applicant shall address how
runoff and stormwater will be mitigated. This information shall be submitted the
Planning Division for referral to the reviewing engineer to determine whether the
proposed measures are sufficient.
10. The County Environmental Health Department shall be notified if the COGCC
requires monitoring wells at this location;
1 1. Existing ditches, berms, culverts, and sediment traps as indicated on the site plan
must be properly utilized and maintained for the life of the facility.
12. The water impoundment shall be lined, mesh fenced around the pond perimeter, and
netted over the top to prevent access by wildlife.
Dated this — day of
ATTEST:
A.D. 20 13
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY "OLfa'. 1)0
-- rfl
rk of the Board
awisai
Chai
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Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN , Aye
COMMISSIONER MIKE SAMSON , Aye
COMMISSIONER TOM JANKOVSKY 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 WIIEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this _ day of , A.U. 20 .
County Clerk and ex -officio Clerk of the Board of County Commissioners
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IELD COUNTY Co