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Home My WebLink About2.0 Resolution 2005-45l lllllmlll llllll lffi llllll lllll lllll lll lllll llll llll szBieq aalo7lzoos 09:23R BlBg{ P541 t'l RLSDoRF 1 of ? R 0.00 D O.oo GRRFIELD COUNTY co STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, freff in the Commissionsrs'Meeting Room, Garfield County Plaza Building, in Glenwood Springs on Monday, the l6th day of May,2005, there were present: John Martin , Commissioner Chairman Larrv McCown --, Commissioner Trbsi Houot -, Cornmissioner Don DeFord -, County AttomeY Mildred Alsdorf 'Clerk of the Board Ed Green -, County Manager when the following proceedings, among others were had and done, to-wit: RESoLUTION NO.405?45 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR "STORAGE, PROCESSING, AND MATERIAL HANDLING OF NATURAL RESOURCES'' FOR A PRODUCED WATER TREATMENT AND STORAGE POND FACILMY WHEREAS, the Board of County Commissioners of Garfield Couniy, Colorado, received a Special Use Perrnit (SUP) request fot "Storage, Processing, and Material Handling of Natural Resourees" submitted by Encana Oil and Gas USA, Inc to construct a produced water treatment and storage pond facility; and WHEREAS, the proposed facility is to be located on 3 acres of a 27,000 acre property formerly known as ttre LINOCAL property located at the end of CR215, north of Parachute, CO and is zoned Resource Lands (Gentle Slopes & Lower Valley Floor) where such use is permitted as a Special Use; and WHEREAS, the proposed facility will serve as a temporary holding pond where produced water generated from natural gas drilling operations in the area can be treated, stored, and then reused in drilling operations in the area operated by Encana Oil and Ga.s, USA; and WHEREAS, the proposed pipeline is to be located on a propefiy legally described in Attachrnent A attached hereto; and ql11d r'1 I rilff|lllllfiilil lu lilLl t]ilff] iltllll! iltL] 5757.54 0,6/A7/2@li O8:23e 81694 P542 ll 0LSD0RFZ ot 1 R 0.40 D a.W GQRFIELO C0UNTY co WHEREAS, the Board of County Commissioners opened a public hoaring on the i6e day of May, 2005 upon the question of whether tho above-described SUP should be granted or denied, during which hearing the pubiic and interested persons were given ttre opportunity to express their opinions regarding the issuance of said SUP; and WIIEREAS, the Board of County Commissiorte$ clCIsed the public hearing on the 16tr day of May, 2005 to make a final decision; and WHEREAS, the Board of County Commissioners or the competent evidence produced at the aforementioned hearing' has determination of facts : of substantial the following 1. That proper publication, public notice, and posting was provided as required by law for the hearings before the Board of County Commissioners. 2. That the public hearing before Board of County Commissione$ was extensive and completef all pertinent iacts, matters and issues were submitted; and tlrat all interested parties were heard at those hearings. 3. The proposed Special Use Permit 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, "onr"ni*n"",order, prosperity and welfare of the citizens of Garfield County' NOW, T'HEREFORE, BE IT RESOLYED by the Board of County Commissioners of Garfield County, Colorado, that based on determination of facts set forth above, the SUP reguest for "Storage, Processing, and Material Handling of Natural Resourc,es" 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 Applicant shall comply with the fire protection provisions included in the nrles and regulations of the Colorado Oil and Gas Conservation Commission (COGCC) and the Narional Fire Code as the Code pertains to the operation of this facility. 3. The issuance of the Special use Permit shall be subject to an annual review of the water chemistry contained in the evaporation pit at such time when free standing water is within the pit and water samples collected from the ground water monitoring well. These analyses shall be submitted t0 the Building and Planning Departrlent on the flust day of July for every year the pit is in operation. The cost of ttris analysis shall be born entirely by the AppLicant, If this water is determined, ttrough these analyses, to be hazardous or toxic based on applicable basis made I LUrflillllllllllll lllll ffi llllllllllll llllllll brszac oatfitzoos o9:23h 81694 P543 ll RLSDoRF D O.AA GRRFIELD COUI{TY CO standards, the Applicant or owner / operator of the facility shall be required to submit an additional SUP to specifically address I mitigate any detected potential hazards. 4. The County reserves the right to retain outside expertise, at the expense of the Applicant I operator of the facility, in order to conduct tests or analyses of the physical natuie, water chemistry or groundwater properties on or away from the site. 5. That this facility is for the sole use of the Applicant. If any other entities are to be added as users, then they would be subject to an additional SUP as well as rules and regulations a$ administered by the COGCC. 6. That all out*of-siate vehicles and equipment associated with the operation of the facility be properly licensed within the State of Colorado. The Applicant shall provide a Ust -of all associated licensed equipment to the County Clerk and Recorder prior to the issuance of a Special Use Permit. 7. All produced water brought to the facility that is contained in any above ground rtorage / treatment / separator tanks shall be contained within an adequate s"cond*y containment $tructures constructed from impermeable materials to prevent any spill from impacting groundwater. B. The Applicant shali comply with the following requirements in order to mitigate adverse affects of this operation on wildlife: a. The Applicant shall monitor the pond for the presence of oil as a matter of rypical bperation anci maintenance duties and to preYent wildlife from Ueing trarrned. If, in the unlikely eveflt, oil reaches the pond water, the . Applicant shall take measures to immediately remove it' b. The Appticant shall instalt a waterfowl deterrence system for the pond which has been approved by the Division of Wildlife. The Applicant shall submit wrinen proof from the Division of Wildlife indicating the proposed system meets their approval prior to the issuance of a Special Use Permit. c. The Applicant shall immediately report the death of any migratory bird caused by activities or structures at the facility to the Colorado Division of Wildlife and the United States Fish and Wildlife Service in accordance with state and federal regulations. g. Prior tq the issuance of a Special Use Permit, the Applicant shall submit the following items to the Count Vegetation Manager for approval: a. The Applicant shall map and inventory the property for the County Listed Noxious Weeds. I []il ililr illlil lilr llltll illll lllll lll lllll llll llll 6?5?44 A6/@?/2005 B9:23fl 81694 P544 1l RLSD0RF 4 of ? R O.Oa D o.o0 GRRFIELD C0lrl{TY C0 10. 11. b. The Applicant shall provide a Weed Managerrent Plan for ttre inventoried noxious weeds. c. The Applicant shall augment the site reclamation plan by providing a plant material list and planting schedule for the reclamation. d- The Applicant shall provide a Mosquito Management Plan that will address how the Applicant intends to monitor and managc: this site for mosquitoes. e. The Applicant shall provide the County Vegetation Manager with a disturbed acreage as a result of the construction of the po,nd so that an appropriate revegetation security can be calculated and p,osted by the Applicant to Garfield County in a form acceptable to the county Attorney's Office. This security shall be posted prior to the issuance of a Special Use Permit and held by the County until successful revegetation has occurred as detormined by the County Vegetation Manager which shall cause the release ofthe security. The Applicant shall be required to pay double the erading pennjt fee to be determined by the Building arrd planning department prior to the issuance of a Special Use Permit. Tbe Applicant shall comply with the following Industrial Pcrforma,nce Standards in Section 5.03.08 of the Garfield County Znning Resolution of 1978, as amended including: a. Volume of sound generated shall comply with the standards set forth in fte Colorado Revised Statutes. b. Vibrarion generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not percep,tible, without instruments, at any point of any boundary line of the propofiy on which the use is located. c. Emissions of smoke and particulate matDer: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards. d. Emission of heat, glare, radiation and fumes: every usc) shall be so operated that it doss not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoiningl property or which constitutes a public nuisance or hazard. Flaring of lgases, aircraft waming signals, reflective painting of storage tanks, or other such op€rations which may be required by law as safety or air pollution control measurcs shall be exernpted from this provision. I ilIllllllll lllllll ffi llil[ illl lllll lll lllll llll llll 675764.A6/01/ZOOi 09:234 81694 F545 t'l 0LSDORF 5 of ? R o.00 o o.AA GFRFIELD COrllTY cO Dated *ns .(7* day of lfu,np - , A.D.200s. CARFMLD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, "'Uiron motion duly made and seconded the the following vote: , Tidsi Houpt ,.,,,,,. - -. -. - , NaY STATE OF COLORADO County of Garfield County Clerk and ex-officio Clerk of the Board of County Commissioners in and for the County and State aforpsaid do hereby certify that the annexed and foregoing Resolution is truly copied frorn the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office- IN WfINESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this - day of A.D.2005 County Clerk and ex-officio Clerk of the Board of County Commissioners ) )ss ) t$Il$',![P[4[|l$ll!!|!ryH;lfJJtrl Ath"hr.,,"rt A Igcsd lrscription Tosvnship { Ssuth Ra*gp 95_.West. 6t P.M. Sectistrs 19 ard 20: AIt socrim 2l: E/2s1v, NE^IW4, NEl4, N/2SE/4, SE14SE/4 Sectioe 22 tbrtrue[ 27: AII Section 28: Sl2, S/2V2, NE/+NH+, I.[V/4NW4 Seotiotrs 29 tkough 34: All Sestion 35: N/2 Sestim 36:N/2 Tormship 4 $quth- Range 96 West 6s P.M. Secdon 22: Sf2, NIV/{ WZNEI4, Secticn 23: SIL NE/q EIZNW4 Sections 24 tkoug! 2T: Nl Sections 28:Bl2 Seaion33: SE/4, S/ZNF/{ NE/4NE/4 Ssctims 34 aud 35: All Sectim 36: N12, SW4 Tonmship 5 Sputlr, Banqe 95 WeSt. 6eP.M. Sectiou 4: N/2 Sectiou 15: S/2, S/2N/2 Sectiotr 16: All thatpad lying Surthofths sou&ernmoet Mahogay marker a.k.a. lloffimuNo. 36 Placer Mining Claim (S/2N/2 of Sec. 16, being a portion &ereog ak.a HofuauNo. 35 Plapm Miuing Claim (N/2Sf2 ofSec. l8 bcing a portion thueof) a.k.a. HofEran No. 34 Placor Mining Claim Sectiou 17: All that part of &e Nf2S/2 lyiag Sq*h of the south€rnnost lvlahogany rnarksr a.k.a [Ioftnaa No. 30 Ptaoe Mining Clain (NlzSfZ cf Se. I?], S/2S/2 a-k.a. Hoffmau No. 3l Placer Mining Claim (S/2Sl2 of $oc. t7) $ettim l9&rough22: All Sestioos 27 through 34: All Townphin 5 Sorrlr- Raqge 96 WcsL 53 P.L4 $ectioa Z:Wll,lss and o(cept those po*ions mnveyed by Union OiI Company of Califomia to Ery* Corporarion by Special Urarranty Deed rscordcd in Book 640, Pagp 869, Crarfietd County, Colorado. Sections 3 t[rough 5: All Sectiors E thmuh l0: All Secfion I l: W2, lsst ard ercept those portious couvoyed by Union Oil Compury of Catirbmia to !ry* Corporation by Speeial Deed n*orded in Book 640, Page 869, Garfield County, Colorado. Sectim 14: WlZ,Sg4, W/2NB4 Soctions l5 and 16: All Sedim IT:ED Soctims 2f though 28: AII Seolion 33: Nl2N/2, less and except the West 32 rods of the NW4NW/4 coutaining 16 acrcs, more or less Sectious 34: NW/4NW/4, NE/4 Sectim 35: N/2 Section 36: N/2, N/2SE/4, SIZSF/4 lyiag easrerty of Parachr*p Creek Page I of2 ItlXlr ilil llllilt ill 1ilil ilfl ]ililil IIllilil ilt675764 g6/07/2005 09:23R 81694 p5a7 n nt-snonF1 ol 1 R A.gO D O.OO GRRFxELO C0UNTY CO To$mshipf gqdl nangs 96.\ysfi- 6e p.M. Se$iou l: LoG 3 to 14, inc,Iusive Sactiw 2 and 3: Atl Soctiu 4: That portion of the sectiotr €ast of parachute Crd Sectios 9 md l0: All Section 15: Wl2, Wl2ElL Scction t6: All s6ati@21: uzl.[tv/4, NE/4, Sg4, SEtr4SW4 Soction 22: N/2, S1il/4 Soctiot 27: W2NtTr4 Sosti@ 28: NV4, NE/4$Ef4 Page2 of2