HomeMy WebLinkAbout7.0 Resolution 2007-12"411014 FT i1IR 0011 10410, 1417101/ A 14111N 111111
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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 Plaza Building, in
Glenwood Springs on Monday, the 5'h day of February, 2007, there were present:
John Martin
Larry McCown
Tresi Houpt
Don DeFord
Jean Alberico
Ed Green
, 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.20 0 7 — 12
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE
PERMIT FOR STORAGE AND MA I'ERIAL HANDLING OF NATURAL
RESOURCES ON A PROPERTY LOCA TED ON COUNTY ROAD 233 OWNED BY
GENE AND GAIL MULVIHILL
WHEREAS, the Board of County Commissioners of Garfield County, Colorado,
received a Special Use Permit (SUP) request for "STORAGE AND MA 'LRAM
HANDLING OF NATURAL RESOURCES" submitted by WAGON WHEEL
CONSULTING to utilize an existing industrial pond for temporary storage of water used
in drilling operations of natural gas; and
WHEREAS, the subject property is located in the NW 'A of the SE 1A, the NE V4
of Section 32 in Township 5 South, Range 93 West of the 6th PM and is practically
located off of County Road 233, in the Agriculture/Residential/Rural Density zone
district; and
WHEREAS, the Board of County Commissioners opened a public hearing on the
5th day of February, 2007 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
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WHEREAS, the Board of County Commissioners closed the public hearing on the
5th day of February, 2007 to make a final decision; and
WHEREAS, the Board of County Commissioners on the basis of substantial
competent evidence produced at the aforementioned hearing, has made the following
determination of facts:
1. That proper publication, public notice, and posting was provided as required by law
for the hearings before the Board of County Commissioners.
7.
That the public hearing before Board of County Commissioners was extensive and
complete; all pertinent facts, matters and issues were submitted; and that all interested
parties were heard at those hearings.
3. The proposed special use permit conforms to Sections 3.02.03, 5.03, and 5.03.07 and
5.03.08 of the Garfield County Zoning Resolution of 1978, as amended.
4. The proposed use is in the best interest of the health, safety, morals, convenience,
order, prosperity and welfare of the citizens of Garfield County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Garfield County, Colorado, that based on determination of facts set
forth above, the SUP request for "Storage and Material Handling of Natural Resources"
is approved with the following 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. That the operation of the facility be done in accordance with all applicable
federal, state, and local regulations governing the operation for this type of
facility.
3. The Applicant shall provide the Garfield County Vegetation Management
Director with a revised Weed Management Plan, conducted after the start of
the growing season. The revised Plan shall be submitted by May 15, 2007.
4. Volume and Sound generated shall comply with the standards set forth in the
Colorado Revised Statutes at the time any new application is made.
5. 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 on which the use is located.
6. Emissions of smoke and particulate matter: Every use shall be operated so as
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to comply with all Federal, State, and County air quality laws, regulations, and
standards.
7. Emissions of heat, glare, radiation, or 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.
8. Water pollution: Installation of safeguards designed to comply with the
regulations of the Environmental Protection Agency must be completed
before operation of this facility may begin.
9. The Applicant shall install a ground water monitoring well located down
gradient from the existing pond.
10. There will be a maximum of 31 daily round trips associated with this use.
11. The Applicant shall demonstrate that a net covering the existing pond has
been installed to help reduce the risk of potential contact with wildlife.
12. The pond shall maintain a minimum of two feet of freeboard at all times.
13. The Applicant shall cut and treat the tamarisk cited in the Noxious Weed
Management Plan before February 2801.
14. The Operator shall conduct and document weekly inspections of the facility.
Dated this Jam day of i-tbnapr , A.D. 2007.
AlILST:
GARFIELD
BOARD
COMMISS • ERS,
GARFIE IP COUNTY,
COLOR k,
COUNTY
OF
Cleft of the Board
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Receipt ion#: 717349
02/15/2007 11:06:29 RM 8:1894 P:0964 Jean PIberico
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Upon motion duly made and seconded the foregoing Resolution was adopted by
the following vote:
John Martin , Aye
Larry McCown , Aye
Tresi Houpt Aye
STA I'h 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 , A.D. 2007
County Clerk and ex -officio Clerk of the Board of County Commissioners