HomeMy WebLinkAbout2.0 Staff Report BOCC 11.15.104"r
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TYPE OF REVIEW
APPLICANT
LOCATION
SITE INFORMATION
EXISTING ZONING
ADJACENT ZONING
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PROJECT INFORMATION AND STAFF COMMENTS
BOcc LLILSILO
Amendment to a Condition of Approval for
a Special Use Permit for "Processing,
Storage and Material Handling of Natural
Resources"
Encana Oil & Gas USA, lnc
The subject property is located in N1/2,
Section 36, T.7S., R95W of the 6th P.M.,
generally located approximately 4 miles
south of Parachute off of CR 304.
30.45 acres
Ru ral
Rural
I. DESCRIPTION OF THE PROPOSAL
The application is a request to amend a specific condition of approval required by the eoard [)
County Commissioners i{n flesolution 2OO5-57 which ultimately was an approval for "Storage,
Processing, and Material Handling of Natural Resource" in order to construct a series of three
(3) lined water storage ponds on a 30.45 acre property owned by Encana Oil & Gas USA, lnc
located approximately 4 miles south of Parachute in the High Mesa area, along County Road
304.
The specific condition of approval is condition #9(b) as follows:
g. The Appticont sholl comply with the following requirements ln order to mitigate
odverse affects of this operation on wildlife:
b. The Applicont shall instoll a woterfowl deterrence system that consists of the
plocement of high-tensile wire at regulor intervols ouoss the pond. These wires
oct as d visual deterrent to hirds ottempting to lond on the water, ond os a
noise deterrent, as the stretched wire creotes dn ultrasonic (inaudible to
hilmons) sound.
il. srTE DESCRIPTION / ZOINING / ADJACENT USES
The facility is located on a mesa sitting above the south side of the Colorado River. The site
slopes gently at about a 4o/o grade, from the east to the west. The site is underlain by Potts
loam , an alluvial soil derive from sandstone, shale and basalt. Pete and Bull Creek runs to the
northwest, about a%mile southwest of the site. Some other unnamed intermittent drainages
lie to the north and south, but will have no effect on the site.
The subject property is zoned Rural. The type of use requested falls under the definition of
"Process, Storage and Material Handling of Natural Resources" which were identified as special
uses in the A/R/RD (now Rural) zone district. The pond is located on approximately 2 acres of
30.45 acre property. The neighboring uses on those lands appear to be rangeland grazing,
farming, and resource extraction (natural gas drilling).
llt.AUTHORITY & APPLICABI LITY
The Unified Land Use Resolution of 2008, as amended (ULUR) provides that amendments can
be made to existing approved Special Use Permits in an administrative fashion; however, if the
request is to amend a specific condition of approval required by the Board of County
Commissioners (BOCC), then it shall be required to be set as a noticed public hearing so that the
BOCC can again discuss and possibly amend their condition.
DrscussroN
The original lndustrial Performance Standard from the Land Use Resolution of t978, as
amended (the old code) that was the reason for the condition of approval was as follows with
the original staff response:
5.03.07(C) lmpacts on wildlile and domestic onimols through the credtion
hozardous attroctions, alteration of existing notive vegetotion, blockode
migrotion routes, use patterns or other disruptions.
Staff Response
The facility sits in an area identified as by the Colorado Division of Wildlife as winter
range for mule deer and elk. The applicant acknowledges that that facility is
incompatible with continued wildlife access, but the entire facility will only occupy two
(2) acres. The entire facility will be fenced to prevent access from deer and elk, and a
deterrence system will be installed, if water fowl end up trying to land on the ponds.
As a result, the BOCC elected to require the following condition:
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9. The Applicant shall comply with the following requirements in order to mitigote
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1.
2.
adverse affects of this operotion on wildlife:
c. The Applicont sholl install a woterfowl deterrence system thot consists ol the
pldcement of high-tensile wire at regular intervols across the pond. These wires
oct ds o visual deterrent to birds ottempting to lond on the woter, and as o
noise deterrent, as the stretched wire creotes on ultrasonic (inoudible to
humans) sound.
The Applicant has provided an application that contains evidence from the Colorado Division of
Witdlife (CDOW) that Encana's proposal to treat the produced water entirely before it enters
the ponds is a great concept to remove any possibility that an illegal waterfowl take will occur.
CDOW believes this technique will accomplish their goals if implemented properly.
Staff agrees and finds that this is an ideal concept understanding that the necessary engineering
precautions are in place so that the only water in the ponds have been fully treated and are
non-threatening to water fowl.
STAFF RECOMMENDED FINDINGS
proper posting and public notice was provided as required for the meeting before the Board
of County Commissioners.
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.
4. The application has met the requirements within the Unified Land Use Resolution of 2008,
as amended.
V. STAFF RECOMMENDATION
Staff recommends that the Board approve the Amendment to the conditions of approval of the
Special Use Permit for "Processing, Storage and Material Handling of Natural Resources" on
High Mesa for Encana Oil & Gas, USA with the following conditions which are the same
conditions from Resolution 2005-57:
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.
r.t.,
9.
II
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Z. That a new resolution shall be prepared, signed and recorded that eliminates the
following condition:
The Appticont shall comply with the following requirements in order to
mitigdte odverse affects of this operdtion on wildlife:
/, a. The Applicont sholl instoll a waterfowl deterrence system that consists ol
the placement of high-tensile wire ot regular intervols across the pond.
These wires oct os d visual deterrent to birds oltempting to lond on the
woter, and as d noise deteruent, as the stretched wire creates on ultrasonic
(inoudible to humans) sound.
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