HomeMy WebLinkAboutResolution 2014-0711111 1011Wi V11.14PM IJV'1iNY412111hI+1.Yl4 /1111
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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 Administration Building
in Glenwood Springs on Monday, the 20th day of January A.D. 2014, there were present:
John Martin
Mike Samson
Tom Jankovsky
Frank Hatless
Jean Alberico (absent)
Andrew Gorget/ (absent)
Commissioner Chairman
, Commissioner
, Commissioner
County Attorney
Clerk of the Board
, County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. o;al4-07
A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR TWO
WATER IMPOUNDMENTS KNOWN AS 13E AND 13W, AND STORAGE OF
MATERIAL, EQUIPMENT AND SUPPLIES ON A SITE OWNED BY OXY USA WTP,
LP. THE 640 -ACRE SITE IS LOCATED IN SESE 1,4 SECTION 4, TOWNSHIP 6
SOUTH, RANGE 97 WEST OF THE 6f P.M., GARFIELD COUNTY
PARCEL NO# 2169-044.00-003
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, (Board) received
a request for a Land Use Change Permit for two existing Water Impoundments, and two
proposed Storage areas for material, equipment and supplies. This approval allows operation of
the facility to store a maximum of 121,480 BBLs of produced water in the two water
impoundments and storage area not to exceed 3.03 -acres within the 21.47 -acre project area as
shown in the site plan attached as Exhibit A.
B. This facility is located within a 640 -acre parcel of land owned by OXY USA WTP, I.P
as described in a General Warranty Deed at Reception Number 713681 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 Town of DeBeque.
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D. Water Impoundment and Storage 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 2013 Land Use
and Development Code.
F. The $oard of County Commissioners opened a public hearing on the 16th day of
December, 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.
G. The Board of County Commissioners continued the public hearing to the 20°' day of
January, 2014 to obtain and review additional information related to the request.
H. The Board of County Commissioners continued the public hearing on the 20th day of
January, 2014 at which time additional information was considered to determine if the 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.
L The Board of County Commissioners closed the public hearing on the 20th of January,
2014 to make a final decision.
J. The Board on the basis of substantial competent evidence produced at the
aforementioned hearings, 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 and that all
interested parties were heard at that meeting.
3. That for the above stated and other reasons, and upon compliance with conditions
of approval, the Land Use Change Permit for two (2) Water Impoundments, 13E
and 13W, and Storage of Equipment, Material and Supplies, is in the best interest
of the health, safety, convenience, order, prosperity and welfare of the citizens of
Garfield County.
4. That, upon compliance with conditions of approval, the application is in general
conformance with the Comprehensive Plan 2030, as amended.
5. That, upon compliance with conditions of approval, the application is in
conformance with the 2013 Land Use and Development Code.
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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 a for two (2) Water Impoundments, 13E and 13W, and
Storage of Equipment, Material and Supplies is hereby approved subject to compliance
with the following conditions:
1. That all representations made by the Applicant in the application and public hearing shall be
conditions of approval, unless specifically altered by the Board of County Commissioners.
2. That the facility shall operate in compliance with all applicable Federal, State, and local
regulations governing the operation of this type of facility.
3. The land use change permit is for two water impoundments, 13E and 13W, not to exceed 3.3 -
acres in size and storage capacity not to exceed 121,480 Barrels of produced water. In
addition, the 21.47 -acre project area is approved for two storage facilities as indicated on the
approved site plan for a total area of 3.03 -acres. No hazardous material or fuel storage is
permitted within the facility.
Prior to Issuance of the LUCP
4. Prior to issuance of the Land Use Change Permit, the Applicant shall provide a supplement to
the Traffic Analysis utilizing the 2011 Road & Bridge Traffic Counts and updating the report
as appropriate to include traffic generated by the storage areas. The supplement shall include
a fmding consistent with the current study that no additional traffic improvements are
recommended or provide specific recommendations that the Applicant shall be required to
comply with subject to review by Garfield County.
5. Prior to issuance of the Land Use Change Permit, the Applicant shall provide written
confirmation that all pipelines serving the facility have been properly permitted or are
exempt from permitting requirements.
6. Prior to issuance of the Land Use Change Permit, the Applicant shall provide copies of the
well permits related to the three monitoring wells for the site.
7. Prior to issuance of the Land Use Change Permit, the Applicant. shall provide a statement by
a qualified professional or representative of the Applicant confirming the adequacy of the
access road to serve the site. A waiver from Article 7, Roadway Standards is approved
pursuant to the approval criteria contained in Section 4-118 of the Land Use and
Development Code, subject to compliance with the above requirement.
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8. Prior to issuance of the Land Use Change Permit, the Applicant shall obtain the proper
building permits for structures on the site, including existing/proposed fencing that shall
consist of a minimum of a 7 -foot chain-link fence capable of preventing elk and deer from
entering the pit; concurrently it should have a small mesh type of fencing along the bottom of
the fence (buried on -foot below grade level and extending a minimum of two -feet above
grade capable of preventing small animals from entering between the gaps (gaps should be
no larger than three -inches).
9. Prior to issuance of the Land Use Change Permit, the Applicant shall provide specifications
and details for the proposed liners and leak detection systems of the ponds subject to review
by Garfield County.
10. Prior to issuance of the Land Use Change Permit, the Applicant shall provide a Drainage and
Erosion Control Plan that includes analyzes the 2L47 -acre project area including sufficient
detail to determine how site runoff is directed on the site and includes additional BMPs in
areas of concentrated flow. This plan shall be reviewed for sufficiency by Garfield County.
11. Prior to issuance of the Land Use Change Permit, the Applicant shall provide a signed and
stamped Drainage Report prepared by an engineer that satisfies the requirements of Section
7-204 of the 2013 Land Use and Development Code and includes documentation on the
source of the runoff calculation intensities as well plans indicating how water will drain
around the impoundments and storage areas (including grading plans). The Applicant shall
provide information related to how the levels in the ponds will be monitored and
management concerning items such as active water Ievel, precipitation, freeboard, overflow
level, etc. This information, once submitted shall be reviewed by Garfield County for
compliance with code standards and BMP's.
12. Prior to issuance of the Land Use Change Permit the Applicant shall provide information
regarding total amount of site disturbance related to proposed improvements and provide a
revegetation security based upon $2,500.00 per acre of revegetated area if the amount of
disturbance is greater than one-half (1/2) acre.
13. Prior to issuance of the Land Use Change Permit the Applicant shall provide a Soil Plan that
provides for soil cover if any topsoil stockpiles will site exposed for a period of ninety days
or longer.
Wildlife Conditions
14. The Applicant shall comply with the following Colorado Parks and Wildlife
recommendations regarding protection of wildlife:
A. Night Lighting should be of the full -cutoff type and/or timed or otherwise minimized to
reduce disruption to wildlife.
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B. The Applicant shall install bear -proof trash containers at this facility and workers shall be
advised that feeding bears is a prohibited activity.
C. The wastewater pit(s) should be adequately protected to ensure that waterfowl and other
birds are prevented — excluded — from entering or coming in contact with water in the
pit(s). Adequate protection may include netting (preferred by CPW and USFWS),
RADAR triggering noise deterrents, floating cover, or other device that is a demonstrably
proven method of avian deterrent. Unacceptable methods including flagging, floating 4
inch hollow plastic balls, decoy predators, or other sight deterrents, reflectors, strobe
lights, or zon guns (sonic blast). See the USFW web page for additional guidance at
http://www. fws.gove/mo untai n-prairie/fontaminants/contaminants 1 c.html
D. Construction activities (on a daily basis, continuous, intermittent loud noise) such as
heavy equipment operations (backhoes, bulldozers, generator, and heavy trucks) and or
intensive human activities should occur outside of the time period from March 1 to June
30 to minimize impacts to greater sage -grouse production areas. Construction activities
include earth moving and or pit liner removal or installation.
E. CPW shall be notified immediately if any birds and/or wildlife are found dead or trapped
within or around the pit, netting, or fences.
F. Following the completion of construction activities, newly exposed soils should be
revegetated as soon as possible to prevent erosion and to reduce the likelihood of non-
native plants becoming established in the area. Seed mix used for revegetation should be
certified as weed -free and consist of native seeds from plants that are common to the
area.
G. To reduce the likelihood of truck — wildlife collisions, proper speed limits (<25 mph)
should be posted and enforced on all service roads.
Other
15. Any future air quality permits for this facility shall be provided to the County upon issuance
by CDPHE.
16. The applicant shall conduct on-site weed inventory in the spring or early summer of 2014
and provide the information to the County Vegetation Manager by June 30, 2014.
A el
Dated this OJ day of f eLt_u. ita A.D. 20 /5%
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GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTYORADO
erk of the Board
Upon motion duly made and seconded the f. egoing R u ion was ado. d by the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN
COMMISSIONER MIKE SAMSON
COMMISSIONER TOM JANKOVSKY
STATE OF COLORADO )
)ss
County of Garfield )
, Aye
Aye
Aye
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
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STATEMENT OF AUTHORITY
Chris G. Clark, Regulatory Coordinator/Lead for OXY USA WTP LP, a Delaware
limited partnership, and for OXY USA Inc., a Delaware corporation (jointly "Oxy"),
760 Horizon Drive, Grand Junction, Colorado 81506, is authorized to act on
behalf of, and represent Oxy in all matters related to applications for special use
permits, conditional use permits, administrative permits, limited impact review,
major impact reviews, and land use change permits (and may execute such
applications) submitted to Garfield County, Colorado until such time as Oxy files
of record a statement that Mr. Clark no longer has such authority. Oxy
acknowledges that when any such permits are issued by Garfield County,
Colorado, the County may choose to file them of record and such permits may
contain certain covenants that run with the particular lands identified in such
permits.
OXY USA WTP LP
By: OXY USA Inc., its general partner
Name: William B. Roby
Title: Vice President, Mid -Continent
OXY USA Inc.
By: L.
Name: William B. Roby
Title: Vice President, Mid -Continent
STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on this 6- day of March,
2010, by William B. Roby, Vice President of OXY USA Inc, a Delaware
corporation on behalf of OXY USA Inc., a Delaware corporation and on behalf of
OXY USA WTP LP, a Delaware limited partnership.
My Commission Expire
Cwt M 460T/haecy
Notary Public, State of Texas
CHRISTINE M SANCHEZ
My Commission Expires
July 2, 2015
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