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HomeMy WebLinkAbout5.0 Resolution 2007-18. rlll iru Hf,rrt,,I Hrffirqr#tJrfi,ffiErt li,,t I ltReception#: 717658 42121/2447 @3:22:46 Pil B: 1896 P:@388 Jean Alberico1 of 4 Rec Fee:$0.00 Doc Fee: CARFIELD COUNTY C0 STATE OF COLORADO County of Garfield ) )ss ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners'Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the 12th day of February A.D. 2007, there were present: John Martin Commissioner Chairman Larw McCown , Commissioner , CommissionerTrbsi Houpt Carol)zn Dahlsren , Jean Alberico , Ed Green -,when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 20 07 - 1 B A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR A MATERIAL HANDLING OF NATURAL RESOURCES (SATILLITE WATER GATHERING FACILITY) FOR A PROPERTY OWNED BY JUAN SUAREZ, GARFIELD COUNTY PARCEL N O# 2 I 77 343003 87 WHEREAS, the Board of County Commissioners of Garfield County, Colorado ("Board"), has received an application from EnCana Oil and Gas USA, lnc. represented by Wagon Wheel Consulting and with written permission from Juan Suarez for a Special Use Permit ("SUP") to allow Material Handling of Natural Resources on a property within the ARRD (Agricultural/Residential/Rural Density) zone district ; and WHEREAS, the Board held a public hearing on the 12th day of February,2OO7, upon the question of whether the above described SUP should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions concerning the approval of said special use permit; and WHEREAS, the Board on the basis of substantia] competent evidence produced at the aforementioned hearing, has made the following determination of fact as iisted below: 1. Proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. Deputy County Attorney Clerk of the Board County Manager Lr.u I^UJ[|1 lJll tl, $,HI[,E !t rr, I i,qHlfirl ril, ttr,t I I I I I 2''"?' lrg1l p!" rrro r8o FB"B ; ::. E. Bp ?8. d.B8,fl *?"66.. 2 [T fff:h!;.r;:,,1.,.",,,* :1,.:::y ::__,1sioner1 was exrensive and comprere, :1::""I,^TT, 1 :l, fu., r, ma*ers ", J il,J, ;;;ffi.i,,. ; ;t,il,H, ;interested partieswere heard at that meeting. application or stated at the be considered conditions of 3' The above stated and other reasons, the proposed special use perrnit has been determinedto be in the best interest of the_healtrr. rur.ry, -t.urr, .onu.non".,ord.r, prosperity andwelfare of the citizens of Garfield County., 4. The application has mer rhe 5 03 08) the Garner"il;;::",ff:::,:1,::Ti'i#;:i:ffin:5:03,5 03 07, and Now THEREFORE' BE rr RESOLVED by the Board of county commissioners of Garfieldcounty' Colorado' that Special use Permit for Material Handting of Natural n.rour.., for a property ilTljJrluan suarez is hereby approved subject ,o .o*priunce wirh alr of the folrowing specific representations of the Appiicant, either within thebefore the Board of Couniy Commissioners, shallunless expiicitly altered bythe Board. That the operation of the facility be done in accordance with all appticable federal, state. andlocal regulations governing the op.ruri,o, of this type of facility. That the Applicant shall compiy with the fire protection provisions included in therules andregulations of the Coiorado oil and Gas conservation commission (coGcC) and theInternationar Fire Code as the code p"*in, to the op.rurron of this facility. 1. That al] hearing approval ) ). 4. il"Jiil:1-,ffiii:,J:"?y :::*:ii"i:,, i:_."i,o wel for the Encana M34 werr pad. theisting 3 acres to 0.g acres. Thisdownsizing shall be in accordance wi Weed Management plan. ith the Reclamation Standards in the Garfield County 5' Prior to the issuance of a Special Use Permit, the Applicant shall provide Garfield countywith a $ 10'000 revegetation security for th_e 3 u... ii...t based on a 5- i 0 year timeframe.The security shall be held by Garfield county ,*ii uil reclamation und ..r.g.rationprocedures are.complete and vegetation has beeniuccessfuttyreestabiisheJ according to theReclamation Standards in the Garfield counry w".a Managemenr plan. It is theresponsibility of the Applicant to contact the county, upon successfui revegetationestablishment, to request an inspection for bond rerease consideration. 6' X:]irT;;,:,Hy generared shalr compJv u,ith rhe standards ser fofth in the cororado 2 Ilr.ryl1gln4ryHuffi,*rn ,,tnrru ]lll O x-ecept ion# : 712668 3' l7' l'g\l P,i;?'ooBn,B.B l::: E.gp?E.d"BB,fi i?"[6." l ' vibration generated: every use shall be so operated that the ground vibration inherentiy and ;:? #il:,,?il::,,.sJ LX::f [.."il,Ji :, Hi""J' ] il ;H ",'",, ;;i;, *,, y o ", ; o "o 8. Emissions of smoke and particulate matter: everywith all Federal, State andCounty air quality laws, use shali be operated so as to compiy regulations and standards. 9' Emission of heat' glare' radiation and fumes: every use shalr be so operated that it does notemit heat, glare, radiation o,"fr";r;;;;:*;ffiry inrerfere *,tr, tio existing use ofadjoining property or which constitutes a pubiic ,uir*". or hazard.. Rarlng of gases,aircraft warning signals, reflective painting of storage ,*ti,'o."lt"r'such operations ;Hi#, l::,,:,::'.*'bv law as sareiv or aiipottuiio, .or,.or measures sharrbe exempted 10' water pollution: in a case in which potential hazards exist, it shalr be necessary to instarlsafeguards designed to comply with tire n.grtuiions of the Environmentar protectionAgency before operation of the facilities may n.gir.- Ail percolation tests or ground waterresource tests as may be required by local o, siut. ueatth officers must be met beforeoperarion of the faciiities may begin. 11' If applicable' the Applicant shall provide a copy of the appropriare bond suppried to thecolorado oil and Gas conservation commission (coccc) intended to guaranteereclamation of the Sateliite water Gathering racitiry site once the life of the satellite waterGathering Facility and Pipeiines has ended prior ,o ir,. issuance of a special use permit. Ifthe coGCC does not require reclamation ,ri r.r.g.,uiion t,orolng, the appricant shalr workwith Counry Sraff to Lstablish a revegerarion of the sateltite w";. d,"htJ]fl#fi:iriate to suarantee reclamation and 12' That all proper building permits are obtained for the structures associated with the operationof the Satellite water Githering Faciiity prior to ,t"irrrur.e of a Special use permit. 13' The Applicant'1,11'j:-!*'t a site.specific Spilr prevention counrermeasure and contror pran(sPCc) which will demonstrate how uny rpill"d fluids up ro the maximum amounr of fluidsheld on the site will be contained to prevent contamination of both surface and glound waterprior to the issuance of a Special Use permit. 14. Deliveries to the water storage facility sharl onry occur during daylight hours. rL Dared thislo * dav of F<-br,^r-7 . A.D. 20o? !l lt linl ]Un lfi $.lfl- I{[.[tlr. I ilHllrt ll il ltl'l ] I I I Receotion#:717668 A2tZ1 t2gO7 A3:22:06 pt'l B:1896 P:0391 Jean Flberlco 4-oi + Rec Fee:$0.00 Doc Feer GpRFIELD CoUNTY C0 ATTEST: duiy made and seconded the fo ONER JOHN MARTIN LAR M w GARFIELD COUNTY BOARD OF COMMISS S, GARFIELD COTINTY, COLOR ., Aye ., Aye ,Nay MMISS STATE OF COLORADO County of Garfield ) )ss ) I,County Clerk zrnd ex-officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify 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 WmNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs. rhis _ day of _. A.D. 20_. County Clerk and ex-officio Clerk of the Board of County commissioners IT following vote: