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Home My WebLink About4.0 BOCC Staff Report 05.21.2007Exhibits for Public Hearing: 5/21/2007 Board of County Commissioners A B c D E F G H I - Proof of Publication Proof of Mailing Zoning Resolution of 1978, as amended S ecial Use Permit A lication Letter from the Town of Parachute dated 4-16-2007 Resolution Number 2005-85 Email from Mark Kadnuck of Colorado Department of Public Health and Environment dated 4-12-2007 Staff Memorandum Email of Steve Anthony of Garfield County Vegetation Management dated 5-1-2007 BOCC 05/21/07 DP PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT LOCATION SITE INFORMATION EXISTING ZONING ADJACENT ZONING I. DESCRIPTION OF THE PROPOSAL Special Use Permit for "Processing and Material Handling of Natural Resources" for expansion of a Natural . Gas Compressor Station Encana Oil & Gas USA, Inc The subject property is located at the end of CR 215 northwest of Parachute (UNOCAL Property) Approximately 27,000 acres Resource Lands (Gentle Slopes and Lower Valley Floor) RL I OS (BLM) The Building and Planning Department received a Special Use Permit (SUP) application for "Processing and Material Handling of Natural Resource" for expansion of an existing natural gas compressor station on a 27,000-acre property owned by Encana Oil & Gas USA, Inc. The site is located at the end of County Road 215, approximately 1 O miles north of Parachute and is also formerly known as the old UNOCAL property where oil shale processing once occurred. The location of the 9-acre compressor facility is just beyond the private gate at the end of CR 215. More specifically, the App)icant requests approval from the Board for expansion of an existing natural gas compressor station. his com ressor statio serves as a collect oint where gathered nat11ral gas is sent for dehydration and compression of gas collected in the No rt <:..~ ---- Middle Fork Compressor Station BOCC -0512112007 Page 2 nch. The request is to expand the existing facility by addigg four electric-driven com sors e electric compressors and six natural gas compressors currently exist on the site), one slug catcher, one JTZ s!sid (liquids condenser and separator) and removal of one natural ,' ' .._.. gas compressor. II. BACKGROUND The current facility is permitted under Resolution 2005-85 (See Exhibit F). This Resolution identifies the compressor station facility to be a 3-acre tract. The Applicant is requesting that the permitted facility area be increased to 9-acres in order to bring the current facilities into conformance. It is the Applicant's opinion that the 3-acre identification was an error within the approved Resolution 2005- 85. The requested expansion is not expected to increase the impact area beyond the 9-acres currently impacted. Referral to Planning Commission In light of the above, Staff brought the application to your attention so that you could determine if a referral to the Planning Commission was necessary. The BOCC did not refer the application to the Planning Commission due to 1) the limited nature of potential impacts to surrounding properties, 2) the remote location of the property such that it is situated at the end of a dead-end county road which is used primarily for industrial traffic serving the existing industrial uses in the area with very limited general population traffic, 3) the fact that the site itself will be situated in an industrial area already characterized by intense industrial activity from the oil shale exploration I gas processing activities, and 4) the site has previously been permitted for use as a compressor facility and the area of impact will not increase above the current 9-acres. Ill. SITE DESCRIPTION The proposed site where the Compressor is located is situated on flat river basin land that is situated at the general confluence of the West, East, and Middle Forks of Parachute Creek. The Compressor is located on approximately 9 acres of the total 27,000 acre parcel owned by EnCana. The area where the Compressors are located is surrounded by steep slopes and canyons forming the Middle Fork Compressor Station BOCC -0512112007 Page 3 general confluence of the three creeks. Much of the area near the Compressor has been denuded by the former oil shale operations and continues to be a location which contains staging areas for heavy machinery, large water hauling trucks, drilling rigs, and pipes associated with natural gas exploration. Dense mature riparian vegetation exists along the creeks as they pass through the area. Left: Existing Housing for Electric Compressors Right: Existing Gas Compressors (to be moved) Left: Existing Slug Catcher Tanks Right: Existing Electric Substation IV. ZONING & ADJACENT USES Middle Fork Compressor Station BOCC -0512112007 Page4 The subject property is zoned Resource Lands (Gentle Slopes and Lower Valley Floor). The type of use requested falls under the definition of "Processing and Material Handling of Natural Resources" which are contemplated as special uses in the Resource Lands (Gentle Slopes and Lower Valley Floor) zone district. The property is also now known as the North Parachute Ranch which was the area where a majority of the oil shale exploration and development occurred. The compressors are currently located on approximately 9 acres of a 27,000 acre property which is surrounded by properties also owned and utilized by the energy industry such as Chevron, Exxon/Mobile, Williams Production RMT, American Soda, etc. Neighboring uses on those lands include rangeland grazing, farming, and resource extraction (natural gas drilling). V. AUTHORITY & APPLICABILITY Pursuant to Section 9.03.04 of the Zoning Resolution, an application for a Special Use Permit shall be approved or denied by the Board of County Commissioners after holding a public hearing thereon in conformance with all provisions of the Zoning Resolution. VI. REVIEW AGENCY AND OTHER COMMENTS Comments have been received from the following agencies I community groups and are integrated throughout this memorandum as applicable. 1. Town of Parachute: (See Exhibit E) 2. Colorado Department of Public Health and Environment: (See Exhibit G) 3. Garfield County Vegetation Management: (See Exhibit I) 4. Garfield County Oil and Gas Auditor: No Comments Received 5. Grand Valley Fire Protection District: No Comments Received Existing Conditions · Proposed Conditions Middle Fork Compressor Station BOCC 0512112007 5 Middle Fork Compressor Station BOCC-0512112007 6 VII. REVIEW CRITERIA FOR SPECIAL USE PERMITS (SECTION 5:03) Pursuant to Section 5.03, as listed under the Zone District Regulations, special uses shall conform to all requirements listed there under and elsewhere in the Zoning Resolution, as well as the following standards: 1. Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. Response The compressor station is described as an unmanned facility. The traffic impact section of the application, states that"no full-time employees are located on-site. The compressors are monitored remotely from EnCana's Parachute office." For this reason, no water or sanitation services are necessary for the proposed facility. 2. Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use. Response The application states that the Compressor, once constructed, is expected to generate an average of 6-12 automobile trips and 1-2 tractor trailer trips per day into and out of the facility. Most of this truck travel will be coming from and going back to drilling sites on the North Parachute Ranch property on private roads constructed by the industry or from Parachute on CR 215. The road to the Compressor site is an existing road that meets the County's standards and the County does not foresee a major increase in traffic flow after the construction period and the Compressor is online. No improvements to CR 215 are necessary as a result of this Compressor expansion. 3. Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character. Response The property is located in an extremely secluded portion of the property which. is practically screened by adjacent steep topography and is located approximately 3 miles from the nearest residence. It cannot be seen from CR 215. As noted earlier, the proposed use will have relatively limited impact to surrounding properties. It is situated in a remote private location on the property such that it is situated at the end of a dead-end county road which is used primarily for industrial traffic serving the existing industrial uses in the area with very limited general population traffic. Further, the site itself is situated in an industrial area already characterized by intense industrial Middle Fork Compressor Station BOCC-0512112007 Page 7 activity from the oil shale exploration I processing activities. No screening is necessary as it is already screened by steep topography. While no lighting is proposed, any future lighting shall be directed inward and downward. The Applicant plans to paint all the equipment beige in order to better blend in with the surrounding environment. Section 5.03.07 Undustrial Operationsl Pursuant to Section 5.03.07 of the Zoning Resolution, a permit for Industrial Operations requires the submittal of an impact statement on the proposed use describing its location, scope, design and construction schedule, including an explanation of its operational characteristics. The impact statement is required to address the following: (A) Existing lawful use of water through depletion or pollution of surface run-off, stream flow or ground water. Response The facility site has been designed to insure protection of ground water and nearby streams through the development and implementation of a Storm Water Management Plan specific to the area which is contained at the rear of the application. Staff notes that while this plan is specific to the Compressor site, Encana has also submitted a larger Storm Water Management Plan for the general area. Further, containment facilities are designed into the facility for any hazardous material stored or used during operations. (B) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. Response Compressors produce considerable volumes of noise and vibration but whose acceptable levels are regulated by the Colorado Revised Statutes. The site currently has three electric compressors which are housed and seven natural gas compressors which are not housed. The Applicant is proposing to expand the housing facility for the electric compressors from its current 64' X 57' 8" to 165' 4" X 57' 8". This increased housing space will allow for a total build out of seven electric compressors and reduce the number of natural gas compressors to six. The Applicant has supplied a noise study conducted by HFP Acoustical Consultants, Inc. The. study has concluded that the sound levels generated by the compressor station are and will be in conformance with the state guidelines. Noise generated will have very little impact on adjacent properties since the compressor is located in a canyon-like area that will prevent any sound from traveling as well as being located well within the boundaries of the subject property far from adjacent properties. In any event, EnCana shall adhere to the noise standards specified by the Colorado Revised Statutes and the Colorado Oil and Gas Conservation Commission rules. Given the remote location of the new facility, Staff agrees that noise will not be a nuisance to area residents. Middle Fork Compressor Station BOCC-0512112007 Page 8 (C) Impacts on wildlife and domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions. Response The site is located within winter rangeland for mule deer, elk, and turkey as identified on the Division of Wildlife's wildlife distribution maps. The 9-acre site is currently disturbed and provides little habitat for wildlife or vegetation. The Applicant has fenced the entire site to minimize conflicts with wildlife. (D) Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County. Response As noted earlier, the compressor facility, once fully operational, is expected to generate 7-14 vehicle trips per day into and out of the facility because most of the monitoring of the Compressor's performance will be done remotely. Also as mentioned above, most of this truck travel will be coming from Parachute on CR 215 which is capable of handling the additional trips. The road to the new compressor site is an existing road that meets the County's standards and does not foresee a major increase in traffic flow after the construction period and the additional compressors are online. No improvements to CR 215 are necessary as a result of this compressor station. (E) That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use(s). Response The operations at the facility will not involve any abutting property. The proposed facility will not encroach upon existing setbacks or reduce current separation distances to abutting properties. Staff agrees that the existing facility is located well within required setbacks and is sufficiently separated from adjacent properties in all directions. (F) Mitigation measures proposed for all of the foregoing impacts identified and for the standards identified in Section 5.03.08 of this Resolution Special Use Permits may be granted for those uses with provisions that provide adequate mitigation for the following: (A) A plan for site rehabilitation must be approved by the County Commissioners before a permit for conditional or special use will be issued; Response The application includes a reclamation plan that would govern treatment of the site once the useful life of the facility (20+ years) has expired which includes: 1) Removal of all surface equipment; Middle Fork Compressor Station BOCC -0512112007 Page 9 2) Restoration and re-contouring of grade to approximate original conditions; 3) Replacement of stockpiled topsoil; and 4) Compliance with all prevailing Colorado Oil and Gas Conservation Commission and Garfield County regulations governing final reclamation. The Applicant has provided the Garfield County Treasurers Office with a Permit Bond for $36,000 ($4,000 per acre). The Garfield County Vegetation Manager has determined this amount to be sufficient (see Exhibit I). The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards in the Garfield County Weed Management Plan. It is the responsibility of the Applicant to contact the County, upon successful revegetation establishment, to request an inspection for bond release consideration. (8) The County Commissioners may require security before a permit for special or conditional use is issued, if required. The applicant shall furnish evidence of a bank commitment of credit, bond, certified check or other security deemed acceptable by the County Commissioners in the amount calculated by the County Commissioners to secure the execution of the site rehabilitation plan in workmanlike manner and in accordance with the specifications and construction schedule established or approved by the County Commissioners. Such commitments, bonds or check shall be payable to and held by the County Commissioners; Response In the past, the Board has required, as a condition of approval that "A sufficient monetary security, determined by the Board of County Commissioners, to ensure rehabilitation of the site once operation has ceased shall be provided by the Applicant." The Applicant has provided the Garfield County Treasurers Office with a Permit Bond for $36,000 ($4,000 per acre). The Garfield County Vegetation Manager has determined this amount to be sufficient (see Exhibit I). The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards in the Garfield County Weed Management Plan. It is the responsibility of the Applicant to contact the County, upon successful revegetation establishment, to request an inspection for bond release consideration. Section 5.03.08 [Industrial Performance Standardsl Pursuant to section 5.03.08 of the Zoning Resolution, all Industrial Operations in the County shall comply with applicable County, State, and Federal regulations regulating water, air and noise pollution and shall not be conducted in a manner constituting a public nuisance or hazard. Operations shall be conducted in such a manner as to minimize heat, dust, smoke, vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the property in Middle Fork Compressor Station BOCC -0512112007 Page JO which such uses are located, in accord with the following 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 on 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: (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: 1. The minimum Jot 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 on 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 (10) acres in size. Middle Fork Compressor Station BOCC-0512112007 Page 11 (F) Any lighting of storage area shall be pointed downward and inward to the property center and shade.d to prevent direct reflection on 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. Staff Response Should the Board approve the request for the Compressor Station, Staff suggests the industrial performance standards be considered conditions of approval as they are specifically intended to ensure that any industrial use such as the proposed Compressor function in accordance with the proper best management practices and within the parameters of the State Statutes. Section 9.03.05 [Periodic Review of SUPT Pursuant to section 9.03.05 of the Zoning Resolution: Any Special Use Permits may be made subject to a periodic review not less than every six (6) months if required by the County Commissioners. The purpose of such review shall be to determine compliance or noncompliance with any performance requirements associated with the granting of the Special Use Permit. The County Commissioners shall indicate that such a review is required and shall establish the time periods at the time of issuance of a Special Use Permit. Such review shall be conducted in such manner and by such persons as the County Commissioners deem appropriate to make the review effective and meaningful. Upon the completion of each review, the Commissioners may determine that the permit operations are in compliance and continue the permit, or determine the operations are not in compliance and either suspend the permit or require the permittee to bring the operation into compliance by a certain specified date. Such periodic review shall be limited to those performance requirements and conditions imposed at the time of the original issuance of the Special Use Permit. VIII. RECOMMENDED FINDINGS 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. Middle Fork Compressor Station BOCC-0512112007 Page 12 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. IX. STAFF RECOMMENDATION Due to 1) the limited nature of potential impacts to surrounding properties, 2) the remote location of the property such that it is situated at the end of a dead-end county road which is used primarily for industrial traffic serving the existing industrial uses in the area with very limited general population traffic, 3) and the fact that the site itself will be situated in an industrial area already characterized by intense industrial activity from the oil shale exploration I processing activities, 4) the proposed expansion is to an existing compressor facility, Staff recommends the Board approve the request for a Special Use Permit for Processing and Material Handling· of Natural Resources for a Compressor on the North Parachute Ranch 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 of this type of facility. 3. 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. 4. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. 5. Vibration generated: the Compressor 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: the Compressor shall be so operated so as to comply with all Federal, State and County air quality laws, regulations and standards. 7. Emission of heat, glare, radiation and fumes: the Compressor shall be so operated that it does not emit heat, glare, radiation or fumes which substantially intertere 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. 8. Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. 9. Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. Middle Fork Compressor Station BOCC-0512112007 Page 13 10. 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. 11. That all proper building permits are obtained for the structures associated with the operation of the Compressor prior to the issuance of a Special Use Permit. X. RECOMMENDED MOTION "I move to approve a Special Use Permit for a Natural Gas Compressor Station for Encana Oil and Gas USA, Inc with the conditions provided by Staff." TOWN OF PARACHUTE PO Box JOO 222 Grand Valley Way Parachute, CO 81635 Telephone: FAX: April 16, 2007 (970) 285-7630 (970) 285-9146 Garfield County Building & Planning Department I 08 -8'h Street, Suite 201 Glenwood Springs, CO 81601 RE: REFERRAL FORMS Mayor RoyMcClung EnCana Oil & Gas (USA) Inc. Middle Fork Compressor Station Expansion The above referral was received by the Town of Parachute regarding development in the Parachute area. This development will be accessed by County Road 215 with incoming and outgoing traffic on both Highway #6 and the I-70 Interchange. These intersections have been overloaded for the past several years and there seems to be no relief or funding contribution in sight. The Town of Parachute is required to acquire a COOT access permit for development within the Town. The Town also has traffic impact fees in place. The Town of Parachute's Board has held to the opinion that "development pays its own way" but this must be done at time of approval. Are any impact fees being collected by Garfield from developments of this nature to address the future cost ofhighway improvements? If the county is not collecting from development how can the Town hope to expect to fund any improvements. Respectfully, RoyMcClung Mayor RECEI\TED ?IPR 1 7 2007 ,., ..... ,. BUiLDiNG & PLANNiNG I !Hiil Hill Hlllll lllll II l!llll!l 11111 11111111 !Ill IHI 6815068 Hfe8/2005 ll; l7R 81743 1'904 M ALSDORF ! of 4 R 0.00 D 0.00 GRRFlELD COUNTY CO STATE OF COLORADO JSS County of Garfielrl i\r a regular n1ecr.ing of the Board of County Connnissioners for Garl1eld County, Colorndo, held in the Commi;;sioners' Meeting Room. Garfield County Plaza Building. in Glenwood Springs on Monday. the i 5'h 1by of August, 2005, 1.here were present: J_Q!m_Martin , Commissioner Chainnan 1d!I.!J!.Mf,f,;2""'!L __ ,, _______________ , Co1nmissio,ner ~~r~·re~s~.i ~1 .. ~lo~u~n~I _________________ , Comn1issioner ~D~n~n~D~e~F~-'~"=d _________________ . County Attorney Mi .. ldrcd Alsdorf , Clerk of rhe Board ""-"'-""''-""''2.-------------------· County J\1anager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 2005-85 A RESOLUTJON CONCERNED WJTH THE APPROVAL OF A SPBCTAL USE PERMIT FOR PROCESSJNG AND MATERJAL HANDLING OF NATURAL RESOURCES FOR THE "MlDDLE FORK NATURAL GAS COMPH.I::SSOR STATJON" LOCATED AT THE NORTH PARACHUTE RANCH WHEREAS, the Board of County Commissioners of Garfield County. Colorndc\ recdved a Special Use Perrnit (SUP) request for "Processing "nd Mmerial Handling of Natural Resources" submitted by Encana Oil and Gas USA, Inc w construct a n.atural gas compre.'5or swtion (hereinai'rer "Compressor") located at the North Parachute Ranch; and WHEREAS, the Compressor is to be located a 3-acre portion of the 27 ,000-acre property owned by Encana Oil & Gas USA, Jnc located at the end of Conmy Road 215 nortb of Parachute, CO which is also formerly known as the old UNOCAL property and presently called tl1e North Parachute Ranch; and WHERERAS, the subject property is zoned Resource Lands (Gentle Slopes & Lower Valley Floor) where such use is permitted a.s a Special Use: and WHEREAS, the Compressor wil.I serve as a collector point where gathered natural gas is sent for dehydration and compression of gas collected in the North Parachute Ranch; once compressed, the natural gas is delivered to a hi2her pressure system and transported to a location where it is conditioned for sales: and I IHlll 11111 Hlllll ll/111111/lllll llill Ill Hill 11111151 686068 l l/08/W05 11' l7R B 1743 P905 M RLSDORF 2 of 4 R 0. 00 D 0. 00 GARFIELD COUNTY CO '0.lI-IE.IZEAS, the :Board of C:ounly C.omn1iss.ioners .opened .:.1 public hc.2ring on 1bt: i 5 11 ' day of August, 2005 upon the question of whether the above-described SU!' should be granted or denied, during \.Vhich hearing the pubiic and intercsr.e.ci p:;rso1F, v.:cr:.'.'. given 1he .oprom1rriry tn e:xpress their npin ions regarding the issuance of said S.lJP; and WHEREAS, tb·e Board of Counry Commissioners closed the public hearing on the ! )1h chry nf /\ugnsl, 2no.;;;. !'n rnake. a final de,ci;.;inn: ·and V./ t3J_,_•:J{f~.AS, the r.~oa.rd of County c.:ommiss1oncrs on the basis of substantia] c<)n1petent evide.nce produced at the aforc.n1.;_~n1iont<-:c1 he;iring. h~1.::, r11r1dc-1'he'. fnllc>\ving detc.rn1ination of facls: 1. 1l1al proper pub!icaticrn, pubhc notice. u:nd posting v"'as provid:.:·.d as reguire.d b;• liJ',\' for the hearings before the Board of County Commissioners. 1l1aL the public hearing hefore Board pf County -C.on1tn.issioners \.\-'as e.xtenr;ive and complete; all pertinent facts, matters and issues were submitted; and that all interested parties \vere htard ar those hearings. 3. The proposed Special Use Perm.it conforms to Sections 3.10_04, 5.03, 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 Lile Board of County Co1runissioners of Garfield County, Colorado, that based on dctennilliition of facts set forth abo·ve, the SUP reguesl is approved \;\1 ith the follo\.vin,g conditions: J. 3. 4, Tbat aJJ representations of the Applicant, either \;:ithin the appi:icat.i·on or stated at the ·nearing before :the Board o:f County Co1nn1J~;sioncrs, :.;hal.1 be. considered conditions of approval unless explicitly ait.ered by the Board. That the opermion of the focilit)' be done in accordance with all applicable federal, state, and local regulations governing tl1e operatio11 of this ryJle of facility. That the Applicant shall comply with the fire protection pnwisions included in the rules and regulations of the Colorado Oil and Gas Ctmservation Commission (COGCC) and the International Fire Code us the Code peTtuins to the operation of this foo.ili1y. Prior to the issuance of a Speciru Use Permit, the Applicant shall submi1 1he following items to the Counl Vegeta1ion Manager for approval prior to t.he I lllfil 11111 Hlllll lllH 11 lllHIJI 11111111111111111 IHI 6&6068 11/08/2005 11, 171'1 81743 P906 M ALSOORF 3 of 4 R 0.00 D 0.00 GARFIELD COUNTY Co' issuanc.c of a Spec1aJ Llse Pemiit. a. The Applicant shall map and invenwry the property for the County Listed Noxious Weeds. b. The Applicant shall proYide a V./eed Manage111en1 Plan for t'hc inventoried noxiou$ \.Veeds. c. The . ..\.pplicant sh~dl augment the site recJan1atlon plan by providing a pla.n-i material list and planting schedule for the reclamation. S. \iolun1e of souod g:en(..",rated shall eornply v./ith the ~tandards sci fnrth in the Colorado Revised Statutes. 6. Vihration generated: the Compressor shall be so. operated that the ground vibration inherently and recurrently generated is no1 perceptible, without instruments.many point of any boundary line of the property on which the use is localed. 7. Emissions of smoke and partieula1t. mai.ter: the Compressor shall be. so operatc.d .so a.s 10 cornply v.1ith all Federal, State and County air guality laws, regulations and standards. 8. Emission of hca1. glare. radiario.n and fumes: the Compressor shalJ be so operated that·it docs nor e!ni[ beat, glare, rad1ation or furnes \Vh.ich st1bstantially imerfcrc with the existing use of adjoining property or which constitutes a public nui~~.ance or hazard. Flaring of ga.ses, aircraft warning signals, reflective painting of storag·e tanks\ or other such operations v,ibich rnay-be required by la\\/ as safety or air pollution control measures shaJJ be exempted from this provision. 9. Any storage area for uses not associated with natural resources shall no\ exceed ten ( l 0) acres in size. l 0. Any lighting of storage area shall be pointed downward and i.nward 1.0 the propeny center and shaded w prevent direct reflection on adjacent property. l l. Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed lo comply with the Regulations of the Environmental Protection Agency before opcrmion of the facilities may begin. AJJ percolation tests or ground water resource .tests as may be required by local · 6r Staie Heal1h Officers must be met before ope.ration of the facilities may begin .. J 2. The Applicant shall provide a copy of the appropriate bond supplied to the Colorado Oil and Gas Conservation Commission (COGCC) intended to guarantee reclamation of the Compressor site once the life of the Compressor has ended prior to the issuance of a Special Use PerrniL .. '. 1 IHll! Hiii Hililll lt!H 11 BllHlll llH! Ill Hiil 1111 IHI 68~068 11/08/2005 l1,17A 81743 P907 M RLSDORF 4 of 4 fi 0. 00 D 0. 00 GARl'IELD COUNTY CO 13. l""ha~ 8.11 proper building p~~·nniu: a.rt.': Obtained for tht Structures <lSSOCiJlcd \Vilh lht> opc:-<::ition of lhe (:()':Tlprc~>sor prior ro the i:;suance. of a Special Lise Pcm1JL 7th ~4~!\'. Dutcd thi' ____ day of ____ . A.D. 2005. ATTEST ~\;,1~11;;11i,, .. , . ., ,,.--., ' .. ::.: ' " ,, -·~ <-., ,..__' ~-.. ,._ ~-: . -""'"· GARflELD BOARD -.'' "i.,,.·., COUSTY OF COMMISSlO!'LRS, GARFJELD COUNTY. ·"-COLO~OO '-..._ Ii '., . I "" I / 1_,__.r 1 _ "" I i ,/'\ X-XT! 1' ' ).f' _.L.-../L,.r---"- , -1 ·'"" / ~ '··-,, . ("1 """'"> f ., .· .. "''·"'! /. /\ \ Upon n1otion duiy made and Seconded the foregoing q~csohitio/i \i.'2,S adoptesJ by the fo!lov.,ing vote: ,..,,.(~--/ /// · .... __.... "'----·~--,/ STA TE OF COLORADO )SS County of Garfield L --------------·County Clerk and ex-officio Clerk of the Board of County Cv11Ll1li~siuner::-; ln and for the County and St.ale aforesaid do hereby certil\' that the annexed and foregoing Resolution is trnly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfieid Coumy. now in my office. IN WITNESS WHEREOF, l have hereunto set my hand and affixed the seal of said. County, m Glenwood Springs, this __ day of , A.D. 2005 County Clerk and ex-officio Clerk of the Board of County Commissioners .. I David Pesnichak From: Sent: Mark Kadnuck [makadnuc@smtpgate.dphe.state.co.us] Thursday, April 12, 2007 10:46 AM To: David Pesnichak Subject: Middle Fork Compressor Station Expansion David, There are state Air no water or wastewater issues with th~s project. You may want to check with the Pollution Control Division with regard to the air permits previously issued. Mark A. Kadnuck, P.E. CDPHE-WQCD 222 S. 6th Street, Rm 232 Grand Junction, CO 81501 ph: 970-248-7144 fax: 970-248-7198 email: rnark.kadnuck@state.co.us 1 David Pesnichak From: Steve Anthony Sent: Tuesday, May 01, 2007 9:1 O AM To: David Pesnichak Subject: Encana Middle Fork Compressor Station David The previously posted security of $36,000 is sufficient for fhe revised SUP application for Encana Thanks Steve Anthony Garfield County Vegetation Management Director POB 426 Rifle CO 81650 Office: 970-625-8601 Fax: 970-625-8627 Email: santhony@garfield-county.com 5/1/2007