HomeMy WebLinkAbout3.0 Resolution 2005-87Lllllll llilt ililil illl il]ilil ]il ilt il] ilililI585071 t7/A8/2O@5 tL:22A 81743 p9t2 il ALSDORF1 of 4 R 0.OO D O.OO GRRFIELD COUNTY CO
STATE OF COLORADO
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 15ft day of August, 2005, there were present:
John Martin , Commissioner Chairman
Larrv McCown , Commissioner
Trdsi Houpt , Commissioner
Don DeFord County Attorney
Mildred Alsdorf , Clerk of the Board
Ed Green County Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. _lgo 5 -87
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE
PERMIT FOR STORAGE & MATERIAL HANDLING OF NATURAL RESOURCES
FOR THE LAKE FOX PRODUCED WATER STORAGE FACILITY ON
GRASS MESA
WHEREAS, the Board of County Commissioners of Garfield County, Colorado,
received a Special Use Permit (SUP) request for "Storage & Material Handling of
Natural Resources" submitted by Encana Oil & Gas USA, Inc for the construction of a
produced water storage facility known as the Lake Fox Water Storage Facility
(hereinafter "Facility") on Grass Mesa; and
WHEREAS, the site upon which the Facility is located comprises approximately
2 acres of the 4O-acre property owned by Encana Oil & Gas USA, Inc and is located
approximately three miles southeast of the City of Rifle at the southern end of Grass
Mesa in the Agricultural / Residential / Rural Density (ARRD) zone district which
contemplates Storage & Material Handling of Natural Resources as a Special Use; and
WHEREAS, the Facility is intended to store treated "produced" water delivered
from the Hunter Mesa Water Treatment Facility delivered via an existing 8" pipeline:
this water, once flrlly recycled, is to be re-used in the drilling process for natural gas wells
in the Grass Mesa area; and
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WHEREAS, the Board of County Commissioners opened a public hearing on the
15ft day of August, 2005 upon the question of whether the above-descnaed 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 SIIP; and
WHEREAS, the Board of County Commissioners closed the public hearing on the
t5s day of August, 2005 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.
2. 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 Section s 2.02.31(4), 2.02.31(6),
3.02.03,5.03, 5.03.07 and 5.03.08 of the Garfield County Zonng 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, TIIEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Garheld County, Colorado, that based on determination of facts set
forth above, the SUP request for Storage & Material Handling of Nahral Resources is
approved with the following conditions:
1. AII representations of the Applicant, either within the application or stated at the
meeting before the Board of County Commissioners, shall be considered
conditions of approval, unless specffically altered by the Board.
2. The Applicant shall comply with all applicable requirements of the Garfield
County ZorutgResolution of 1978, as amended.
3. The Applicant shall comply with all State and Federal regulations and standards,
such as Noise Abatement, Water and Air Quality.
4. Vibration, emission of smoke and particuiate matter, and the emission of heat or
radiation shall comply with applicable Federal, State, and County laws,
regulations and standards.
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5. The Applicant shall comply with ratl Local, State and Federal Fire Codes that
pertain to the operation of this type of facility.
6. Any signage installed on-site shall comply with the County's sign regulations.
7. Any changes to the Special Use Pennit will require a new Special Use Permit.
8. Rehabilitation of the property, when the use terminates, shall consist of the
following:
a. Removal of all surface equipmernt (pomp and pump building) and pond liner
material;
b. Restoration and re-contouring o1 grade to approximate original conditions;
Replacement of stockpiled topsc,il; and
Compliance with atl prevailing Colorado Oil and Gas Conservation
Commission and Garfield Counly regulations governing final reclamation.
g. Groundwater resources shall be protected at all times. In the event of potential
violations with respect to water pollution, the Applicant shall be required to
provide proof of compliance with applicable Federal, State and County laws,
regulations and standarcts. Specificzilly, the Applicant shall lnstall a groundwater
monitoring well down gradient of the pond in order to annually test groundwater
to ensure groundwater resources ha're not been impacted by any potential leakage
from the pond. The Applicant shzrll fumish the results of such testing to the
Building and Planning Deparffient innd the Grass Mesa Homeowners Association
and which said results shall contai:n a professional opinion as to any impact to
ground water. This annual test shall be conducted for the life of the facility.
10. The Applicant shall install natural screening vegetative landscaping along the
outside of the fence on top of the berrrr along the north, east and west sides of the
pond to minimize the visual impacit of the pond from the views from the north.
This type of landscaping shall be approved by the County Vegetation Manager
and shall be installed prior to the iss'uance of any Special Use Permit.
11. Any lighting proposed to be installerd at the facility shall be of a shielded design,
directed downward and inward towards the properly and motion censored.
12. The Appticant shall install a waterfowl deterrence system prior to the issuance of
the Special Use Permit that is acceptable to and has been approved by the
Division of Wildlife.
13. The Applicant shall lower the heigtrt of the dam to less than 10 feet and remove
the spillway to satisff the requirenrents of the State Engineer's Office and the
Colorado Oil and Gas Conservatiorr Commission regarding the allowable height
and spillway regulations related to CentralizedE&P Waste Faciiities.
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14. No operation of the facility shall be allowed until all of these conditions have
been met.
15. No more than 10 trucks shall be allc'wed to go to and from this facility per day'
Dated this 7 Lh Nov -dayof '""'',A.tr.2005.
GARFIELD
BOARD
COTINTY
OF
COMMISSIONERS,
COIINTY,
CO
Upon motion duly made and seconded the foregoing
the following vote:
John Martin 'AYe.
Lr-r M"C"*p 'AYe
, NaYTr6si Houpt
STATE OF COLORADO )
County of Garfield
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. County Clerk and ex-officio Clerk of the
Board of Co""ty Co^-i5io""rs in and lior the County antl State aforesaid clo hereby
certifu 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
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day of A.D.2005
County Clerk and ex-officio Clerk r>f the Board of County Commissioners