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Home My WebLink AboutResolution 2014-171111 l.IP.r~l'N'KIM~ .l~1•.PW~M'r.'~~~,.:-i·~1'6 "l~lt:), 11111 Reception~: 856613 121e1/2B14 02:53:18 PM Jean Albarlco 1 of 7 Rec Fae :S0 .00 Doc Fee:0.0'1 GARFIELD COUNTY CO STATE OF COLORADO ) )ss 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 Administration Building in Glenwood Springs on Monday, the 10th day of November A.O. 2014, there were present: =Jo=hn===M=artin=' ""----------------3' Commissioner Chairman ..... M .... ik.....,e~S"""ams==on"'"-------------"' Commissioner -=-T=om ........ J=ank=ov ...... s=ky,,,.__ __________ _,,. Commissioner =Frank= ........ H .... utfl=e=ss'------------~· County Attorney "'"'K=el--.ly._C.-..a __ v~e ____________ _,,, Assistant County Attorney ""'Je=a=n ..... Al=b=en=·=co=--------------'' Clerk of the Board _An~~dre~w__.G .... o ..... rg.,..e_y ___________ ~· County Manager when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. ~ 014-'I I A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT TO INCLUDE WATER IMPOUND.MENT, MATERIAL HANDLING, PROCESSING AND STORAGE (WATER MANAGEMENT FACILITY), ON A 37.62 ACRE PORTION OF A 383.78 ACRE PROPERTY OWNED BY WPX ENERGY ROCKY MOUNTAIN, LLC, LOCATED NORTHEAST OF THE TOWN OF PARACHUTE OFF U.S. HIGHWAY 6 AND 24 IN PORTIONS OF SECTION 35 AND 36, TOWNSHIP 7 SOlITH, RANGE 96, WEST OF THE 6m P.M., GARFIELD COUNTY PARCEL NO# 2171-363-00-007 Recitals A. The Board of County Conunissioners of Garfield County, Colorado, "Board" received a request for a Land Use Change Pennit to allow for a Water Impoundment, Material Handling, Processing and Storage (Water Management Facility), as :further described in Exhibit A, Site Plan . B. The Water Impoundments, Material Handling, Processing and Storage area, known as the WPX Water Management Facility, is located on approximately 37.62 acres within an overall 383.78 acre parcel ofland owned by WPX Energy Rocky Mountain, LLC. C. The subject property is located within unincorporated Garfield County in the Resource Lands -Gentle Slopes and Lower Valley Floor zone district, northeast of the Town of Parachute, 1 •m ff.ir.1n1ti.r.11 RP'j. r;1r,11'·~~~'l"1tHJ:~· ~~:~ h:•t'ri•,•}, II II I Receptlon#: 856613 1210112014 02:63 :18 PM Jean ~lberico 2 of 7 Rec Fee :SO 00 Dec Fee:D.00 GARFIELD COUNTY CO Colorado accessed by private roads off U.S. Highway 6 and 24. D. Water hnpoundment, Material Handling, Processing and Storage may be permitted in the Resource Land -Gentle Slopes and Lower Valley Floor zone district with a Limited hnpact Review. E. The Board is authorized to approve, deny or approve with conditions a Limited Impact application resulting in issuance of a Land Use Change Permit pursuant to the Garfield County Land Use and Development Code, as amended. F. The Board of County Commissioners opened a public hearing on the 10th day of November, 2014 for consideration of whether the proposed Land Use Change Permit should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. G. The Board of County Commissioners closed the public hearing on the tolh day of November, 2014 to make a final decision. H. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. The hearing 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. That for the above stated and other reasons the proposed Land Use Change Permit for a Water hnpoundment, Material Handling, Processing and Storage facility is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general confonnance with the 2030 Comprehensive Plan, as amended . 5. That with the adoption of waiver from the Source ofWater standards, the application has adequately met the requirements of the Garfield County Land Use and Development Code, Section 7-104. 6. That with the adoption of the Conditions of Approval the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. · 2 1111 BJP.rl!\T1~M~r.f~. ~1. N.'i'rk'.t'hl' ~,.,,f.!11 ~~~1',l-iw, 11111 ReceP.llon#: 856613 12/01/2014 02:53:19 PM Jean Alberico 3 or 7 Rec Fee:S0.00 Do~ Fee:0 .00 GARFIELD COUNTY CO RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. B. The Land Use Change Permit for Water Impoundments, Material Handling, Processing and Storage area, known as the WPX Water Management Facility is hereby approved subject to compliance with the following conditions: Conditions Prior to Issuance 1. The Applicant shall demonstrate that all improvements have been made to the access road which are consistent with the Secondary Access standards outlined in Section 7-107. Demonstration that these improvements are complete shall be submitted and reviewed by the Garfield County contract engineer prior to issuance of the Land Use Change Permit. 2. The Applicant shall submit the new CDOT access permit once it is issued. The new access permit shall be reviewed by the Garfield County contract engineer prior to issuance of the Land Use Change Permit. 3. The Garfield County Community Development Department is authorized to issue the Dewatering Operations Area Building Permit number BLC0- 8-14-3350 within 3-days following signature of the Resolution of Approval. 4. WPX Energy is authorized to conduct road/drainage improvements work, access to Highway 6 improvements and grading for the Dewatering Operations Area Building, as described in the Applicant's submittal, prior to issuance of the Garfield County Land Use Change Pennit. Other Conditions 5. That all representations made by the Applicant in the application shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 6. That the operation of the Water lmpoundment, Material Handling, Processing and Storage facility shall be done in accordance with all 3 1111 WJ~.1l1 :-71H'r'~l'ill~~r.C'.M.\\ K1f ili1 7t~~.K··,•1 tl'~~1·.•1, 11111 Reception~: 856613 12/01120l4 02·53:18 PM Jean Rlbe~lco 4 of 7 Rec Fee:SO 00 Doc Fee:O 00 GARFIELD COUNTV CO applicable Federal, State, and local regulations governing the operation of this type of facility. 7. The facility shall maintain compliance with Storm Water Management Pl~ Drainage and Grading Plans and Reclamation for the site. 8. The Applicant shall control fugitive dust during the operation of the site. 9. The facility shall maintain compliance with Section 7-306 Lighting, with all lighting to be directed inward and downward toward the interior of the site. Facilities shall be painted a non-glare neutral color to lessen any visual impacts. 10. The Applicant shall comply with the submitted Noxious Weed Management Plan including the best management practices. 11. The hours of operation for the site shall be 24 hours per day, 7 days per week. 12. No parking shall be permitted along the access road in order to ensure adequate fire protection access. 13. A minimwn of a 500 gallon fresh water cistern shall be maintained with water to supply the restroom facility. The water shall be provided by a licensed water hauler. I ~ ~ . Dated this ____.. ____ day of ~ A.D . 20_1....._'f __ ATTEST: BOARD OF GARFIELD 4 1111 Wlr.1f~\JiLl'li~M,1£ M~.M~ I• ~U~Mf J~1H(rl~.' 1IW. 11111 Reception": 856613 1210112014 02 :53:18 Pl1 Jean Alb00•~!~gFlELD c~·~·rv co 5 of 7 Rae Fee :SO .OB Doc Fee:0 . unn ""'" Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: =CO=MM=-=-=Is .... s ..... 10=.:NE:..:.=R-=-C=HA=I=R=J-=O=HN~F.:...:. M:.:.::.:..::AR=T=IN=..:.... ______ ___,. Aye _c_o_MMI~~SS=I=O~NE~R ........... M=IKE-=~S=AM........,S~O~N---------~--·Aye =C=O=MM--=I=SS=I-=O=NE=R::..:....::.T=O=M~J=ANK:=-==O~V~S=K=Y~------~---·Aye STATE OF COLORADO ) )ss County of Garfield ) I, County Clerk and 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 WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this __ day of A.D. 20 __ . County Clerk and ex-officio Clerk of the Board of County Commissioners 5 1111 WJr.rP.','J·~V~N1A IM1La'.~.~~:tn~~CN:~Hlth'~~·Yi 11111 Reception#: 856613 12/01/2014 02:53:18 Pl'! Jean Alberico 6 or 7 Rec Faa:S0.00 Dec Fee :0 .00 GARFIELD COUNTY CO I r. ' b . EXHIBIT A SITE PLAN ··~$:1~-:a ·~ ... -.u ..... aa. lllDIJI'! ~ .. ~ ni• .. lWllCmlf.I • l1 ' ----1- 1 p f. •• . l 1 I 1 •• I' 1. !' l T U.S. Highway 6 & 24 • ji ------·- t. t' I I I I I I : I ji --t---__ .,._ ---+------- I t I Water Management Facility f. •• • J. I' 1. J' -----~~-------- I .. •• ' :. •• ' J • •• • b . 6 llll ll~.1!fNVH•IL~L~~rJt~P•f~~~fl~ .;:~ 11\Yi 11111 RaceptJan~: 856613 12/01/2014 02:53:18 PM Jean Alb•rlco 7 of 7 Rec Fee:$0.00 Dao Fee:0.00 ~FIEl.D COUNTY CO II I/~ !f. 1/4 Soc,,, R 1/4 t.'11 L/4 -· IX 1/4 Jll 1/4 s..,i --·· ----·· Water Management Facility Area .......... -,_ I I l f I I I I I I I I I I r r I r r 7