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Home My WebLink About4.0 Resolution 2009-33't lll llt f fi il rJ,\ ldr LlSil l*F,l{,rt Irl&'l*h'llltr t{1, l{1 "} S I I I t Recept ion$ : 7665914 04121'!2OOg O2:00r25 PI1 Jean Rlberimi irT'4-R;- Feeiso.oo Doc Fee:0.00 GARFIELD coUNTY c0 STATE OF COLORADO County of Garfield ) )ss ) At a regular meeting of the Board of Corurty Commissioners for Garfield County, Coiorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood Springs on Monday, the 17fi day of February, 2009, &ere were present: lohn Martin " Commissioner Chairrnan Mike S.q$Son* ....,,., *,., . . ,. .*- , Commissioner Tr6si Hount , Commissiouer Deborah Quigr ., . Assistant Counly Attorney Jean Alberico , Clerk of the Board Ed-Qreen (absent) .,, - - *-, CounU Manager when the following proceedings, arrong others were had and done, to-wit' RESOLUTION NO. 2OO9-3 J- A RESOLUTION CONCERNED WITH T}IE APPROVAL OF A SPECIAL USE PERMIT FOR TI{E CONN CREEK II NATURAL GAS COMPRESSOR STATION CONTROL FACILITY LOCATED ON 1.8 ACRES OF A 1O,3O3.37.ACRB PARCEL OWNED BY OXY USA WTP LP, LOCATED IN mmNW% NW/+ OF SECTION 32, T65, R97W OF THE 6TH P.M. IN GARFIELD COTJNTY, PARCEL NO# 21 69-2 14-00-026 Resitals A. Garfield County is a legal and political subdivision of the State of Colorado for whichthe Board of County Commissioners @oard) is authorized to act- B. On the 2nd day of Jarruaq, t979, the Board adopted Resolution 79-01 conoeming a Zoning Resolution for the County of Garfield, Stale of Colorado. C. Pursuant to Section 9.03.04 of tle Zoning Resolution of 1978, an application for a Special Use Permit shall be approved or denied by the Board of County Commissioners after holding a public hearing thereon in oonformaoce with all the provisions of the Zoung Resolution. D. The Board held a public hearing on the 17th day of Februaqy, 2009, upon the question of whether the above-described Special Use Permit should be.granted or denied, . at wbich hearing the public and interested persons were given the opportunity to express o O'i,'/L . Elllff'lI'llilr'J,llllll ilttl!{t HfhilfHfill$il l*r'tl#,{ fl llIReception*: 7E,6l59'4q4l11l291g Q2;00:25 Ptl Jean nlberlco2 of 4 Rec Fee:$0.00 Doc Feer0.00 GAiFIELD C0UNTY Co their opinio$ regarding the special use pe.rmit. E. The Board of County Commissioners closed the public hearing on February L7th,2009, and acted on the basis of substantial competent evidence produced at the aforementioned hearing. Resolulion No!V, TIffiREFORE, BE IT RESOLVED by the Board of counB Commissioners of Garfield County, Colorado, that the Special Use Pemrit is approved based on the following findings: A' The forgoing Recitals are incorporated by this referenoe as part of this Resolution. B- Proper public notice via publication pursuant to Section g.A3.O4 of &e Zoning Resolution of 1978, as amended, was provided as required by law for the hearing before the Board of County Commissioners. C. An app)icati9l fT a special use permit was made coasisterrt with the requirements cf Section 5.03 of the Garfield County Zoning Resolution of 1928, as amended. D- The public hearing before the Board of County Commissioners was extensive and complete; all pertinent facts, matters and issues were submitted; and a1l interested parties were beard at that hearing. The proposed Special Use Permit is in compliaace with the recournaendations set forth in the Comprehensive Pian for the unincorporated areas of the county. The proposed Special Use Pemrit is in the best interest of t}e health, safery, morals, convenience, order, prosperity and welfare of the citizens of Garfield Couoty. The Special Use Permit for the Conn Creek iI Nah:ral Gas Compressor Stationproposed by OXY USA I[/TP LP shall require.that the following conditions be satisfied: 1- P*1uU representations of the Applicant, either within the application or stated atthe hearing before the Board of County Commission"r", rlutt be considered conditions of approval unless explicifly altered by the Board. 2' Jhl the operatioq 9f the facility be done in accordance with all applicable Federal, state, and local regulations goveming the operation or tnir-t" orfacility. 3' That tle Applicant shall comply with the fire protection provisions included in !!e-$gs and regulations of the colorado oil and Gas Conseryation Commission(qggcc) aad the luternational Fire code as the code pertains to tbe "p;i;;ofthis facility. E F. G. o o fl lll !!'rt l'lTilrJIH ll, lU[ H[ Hfi lllll"ih'lHr t ld{,1ff .'l El l} I Receotion*: 766594oitzl'tzoog 02:@ot25 Pl'l Jean Flberico5';i'4-R; Fei'S6'oo Doc Fee:o.0o GARFIELO CoUNTY c0 4. Volurne of sound generated shall comply with the standards set for-th in the Colorado Revised Statrites. Vibration generated: the Conn Creek II Compressor Coatrol Facility shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instrurnents, at any point of any bor:ndary line of the proporly on which the use is located. Emissions of particulate matter: the Conn Creek II Compressor Contol Facility shali be so operated so as to cornply with all Federal, State and County air quality laws, regulations and standards- Emission of hea! glare, radiation and fumes: the Cona Creek II Compressor Conhol Iracility shall be so operated that it does not emit heat, glare, radiation or flunes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard' No storage of heavy equipment or materials is ProPosed or permitted- Any tighting shall be pointed downward and inward to the properly ceater and shaded to prevent direct reflection on adjacent properly. Water pollution: in a case in which potential har.ards exist, it shall be necessary to install safegrrards designed to comply with the Regulations of the Environrnental 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 Hea1th Officers must be met before operatiou of the faoilities may begin. iI. The Conn Creek II Compressor Control Facility is to be instalted on the site under this Special Use Permit. Proper building and grading permits arc to be obtained for tbe pad and struitures prior to the issuance of a Special Use Permit. 12. A re-vegetation bond of $4000 per acrs shall be submitted for the I.8-acre site dishnbance, as per the Garfield County Vegetation Maaager' If the use as a compressor plaat is ende4 reclamation shall be initiated within 60 days and meet the requirements set forth in the reclamation plan in place on the date the Special Use Permit issued, or the site reclamation standards in place at the time of use crcssation, whichever is more shingent. The reclamation standards at the date of permit issuance are cited in Section 4-06,4.07 and 4.08 of the Garfield County Weed Management Plan (Resolution #2002-94)" i3. Any fencing installed shall follow the recommendations of DOW for 'wildlife friendly' fencing. 14. Erosion control and storm water report updates specific to &is facility shall be 5. 6" 7. oo. 9. 10. . nlll [1t1 rfi ilr,{,tHlL H t,ttll,|* trfl*l i h+}: lll' Llil/L lf "l ul il I' ReceotionS: 766594 64t21't2oog @2t9g.25 pl'l Jsan Alberlcoi oi-+-cei Feeiso.oo Doc F6ero.o0 GRRFIELD coUNTY co appended to the Cascade Creek SWMP for the area. rY1 .? by the fol]owing vote: Tr6si Hount , Aye STATE OF COLORADO County of Garfield County Clerk aad ex-ofFrcio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certiff that the 4nne;ss1 and foregoing Resolutlon is tmly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield Counff, now in my office. IN WITI\IESS WHEREOF, I have hereunto set my hand and aflixed the seai of said County, at Glenwood Springs, this -* day of A.D.2009 County Clerk and ex*ofHcio Clerk ofthe Board of County Commissioners Aye ) )ss ) ^*4 Dated a" 8D t-duu ot ,4rn-{_- , A.D.2009. ATTEST: of the Board / DA.T€ Upon motion duly made and seconded the GARFIELD COUNTY SOARD OF CO#"w-r.r.B i::-"1j o lltl l{fli l'llrhflJll[ I'+I ffi& Hl':l*lf lt(,li{f,1{/.il1''tr $ fl I ReceotionH: 766593 0,4r21'l2OOg 02:@6t25 Pl"l Jean Albericoi-;?'i-F; iii,sti.ao'ijoo Fie,0.00 GARFIELD couNTY c0 STATE OF COLORADO County of Garfield At a regular meeting of rhe Board of county comrys,sjolers for Garfield cor:nty' Colorado, held in th" a;-r;;ioners'Ivleeting Room, cT!-.ld County Plaza Building' in Ci.n*oi Springs on Monday, the l7ft day of February, 2009, there were present: IqhnMartin , - 'CommissionerChairman Mike Samsgn- -. . -.. ' C-ommissioner Trdsi Hogpt . *' ,' Commissioner Deborah Quinrt -. - ' -' Assistant County Attomey Jean Atberi-c-p. . , cierk of the Board itffi;(..br*t) - - - 'countYManager when the following proceedings, arnong others were had and done, to-wit: RESOLUTION NO. 2OA9 43 - A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FORT}IE OXY USA WTP LP CONN CREEK II NATURAL GAS COMPRESSON STATION LOCATED ON 3.83 ACRES OF A 10,303'37'ACRE PARCEL owNED BY oxY USA wTP L?, LoCATED IN THE Nw% Nw% oF-6;noN t , ios,17;;g; Thlf,",f:){;H",:t*''LD couNrY' Rscitals A. Garfield County is a legal and political subdivision of the State of Colorado for which the Board of county commissioners (Board) is authorized to acl B. On the 2nd day of January,LgTg,the Board adolted-Resolution 79-01 concerning a Zoning Resolution for thecounly of Garfield, state of colorado. C. Pursuant to Section 9.03.04 of the Zoning Resolution of 1978, an application for a Speoial Use permit ;h"li G ;pproved or denied by th" Boar! of County Commissioners after holding a public ir"rring theieon in c,onformance with all the provisions of the Zoning Resolution' D. The Board held a public hearing on the 17th day of February, 2009, upon the question of whether ttr" auove-aescribed special use Permit should be granted or denied' ut *fri.f, hearing the public and interested-persons were given the opporhrnity to express ) )ss ) o y& ,a.ifl#jiftfl#iilH H[:5i:T:,: :: u " " their opinions regarding the special use permit' E. The Board of county commissioners closed the public hearing on February l7th, 2009, and acted on the basis of substantial competent evidence produced at the aforementioned hearing. Resglution Now,THSREFORE,BEITRESoLVEDbytheBoardofCounty Commissioners of Garfield County, Colorado, that tlie Special Use Permit is approved based on the following findings: A, The forgoing Recitals are incorporated by this reference as part of this Resolution' B. Proper public notice via publication pursuant to section 9'03'04 :f qt Soqne Resolution of iq78, * arnended, was provided as required by law for the hearing before the Board of County Commissioners' c. An application for a special use permit was made consistent with the requiremeots of Section S.oi "i*,"barfield Corrnty Zoning Resolution of 1978, as amended' D. The public hearing before the Board of county commissioners was extensive and complete; all pertinent facts, matters and issues were submitted; and all interested parties were heard at that hearing' E. The proposed special use Permit is in compliance with the recommendations set forttr-in tt e CoJpr*t ensive Plan for the unincoqporated areas of the County' F. The proposed special use Permit is in the best interest of the health, safety' morals' convsnience, ;;;;;pr"tperity and welfare of the citizens of Ga'rfield County' G. The special use Permit for the conn creek Il Nahral Gas compressor station prrp",i"A lV OXV US^q, Wfp LP shall require that the following conditions be satisf.red: l.ThatallrepresentationsoftheApplicanqeitherwithintheapplicationorstatedat the hearingi;;i";; ine goard oi co*ty Commissioners, shall be considered conditionsLfapproval unless explicitly altered by the Board. 2. That the operation of the facility be done in accordance with all applicable Federal, Siil,; io"ui ,"gut"tioos gove.ning the operation of this type of facilitY. 3. That the Applicant shall comply with the fue protection provisions included in the rules "r"ir"gl"tions of the bolorado Oii and Cas Conservation Commission (COGCCI;d ihe International Fire Code as the Code perlains to the operation ofthis facilitY. illll [Yrr l'!tr rl/il,lt{ll,hlt H$, I tl?t#tltl ldl,fi L l* il l{' { H I ll IRaception$: 766593 @C121't2@@9 02:@0:25 PII Jean Alb€ricos oi q Rii Feer$@.60 Doc Fee:o.oo GARFIELD CoUNTY Co 4.Volumeofsoundgeneratedshallcomplywiththestandardssetforthinthe Colorado Revised Statutes' 5.Vibrationgenerated:theCompressorshallbesooperatedthatthe$ound vibration inherently ;d ;".;"ntly generated is not perceptible, . without instnrments, at any p"ir, "f *ybo;"['d [ne of the property on which the use is located. 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. Emissionofheat,glare,radiationandfumes:theCompressorshallbeso operated that it doeJnot emit teat, glare, radiation or fumes which substantially interfere with the "*ilirg;;; of aOj-oi*ng property or which constitutes a public nuisance or hazard. 8. No storage of heavy equipment or materials is proposed or permitted' g. Any lighring of storage area shall be p"i"td a3v*rwarf and inward to the property center *a ,nJara to prevent direct reflection on adjacent property. 7. 10. 11. water pollution: in a case in which potential hazards exist, it shall be necessaly to install safeguards designed 6 comply Tith F: Regulations of the Environmental Protection eE.n"y before opiration of the facilities may begin' Ali;"J;;n tests o, gro,.rid *"t"r r"ro*"e tests as may berequired by local or State Health OffcersinuJ be m.t t"fore operation of the facilites may begin' Two (2) new comprossor units shall be installed on the site under this Special Use permit. proper 'U"ifA*g *J grading permits are to be obtained for the structures associatedfriilffi oporlio" oith" n"* compressor units prior to the issuance of a SPecial Use Permit' 12. A re-vegetation bond of $4000 per acre shall be submitted for the 3'83-acre site dishubance, u, p", tt" Garfreli County Vegetation YT$*' if the use as a comprcssor pl*t is ended, reclamation tfroff U" initiated within 60 days and rneet the requirements set fo*i" the reolamation plan in place on the date the Special Use Permit i,,,.0, o. tr,. site r*lamation 't,*d*d" in place at the time of use cessation, whichever is more stringent. The reclamation standards at the date of permit issuance are cited in section 4.Q6, 4.07 and 4'08 of the Garfield courry Weed Management Plan (Resolution #2002-94)' Datedttis ..J0* dayot *tn.l- ,A'D'2009' ATTEST:GARFIELD COLiNTY 6. Ellt [irl [ !,TrFjl,ilil, ilt, Idt[ l{ff l*tdl *r' llff' Hfl 'H{' { il ll I [rlF?!E#i;{f,??13u""'u::' B } EB" i;r,,,., couNTy c 0 BOARD OF IONERS, Upon motion cluly made aod seconded the the following vote: Mike Samso-r-r .- -,.,, ,, - -'- .' ^r'A rrp . Tr6siHoupt --. .,.. .... ''' ^'" STATE OF COLORADO County of Garlield County Clerk and ex-officio Clerk of the Board of Cou"ty Co*i*i* in and for the County aud Starc aforesaid do hereby certify that the annexed and foregoing Resolution is truty :,tp:"dit:AryI:"::9: 3|3: Proceecling of the Board of courrty clmmissioners for said Garfield county, now iu my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed ths seal of said County, at Glenwood Springs, this --..-day of A.D.2009 county clerk and ex-officio cLerk of the Board of county commissioners ) )ss ) W1 Oart //to