The URL can be used to link to this page

Home My WebLink About5.0 Resolution 2013-38+ ", ll"1iIi"l?'j'"',.],ffil:'H HIH :]::::n{* r r rr r STATE OF COLORADO County of Garfield At a regular meeting of the Board of County Commissioners for Garfield Count), Colorado, held in the Parachute Branch Library, 244 Grand Valley Way, Parachute, Colorado on Monday, the 10th day of June A.D. 2013, there were present: John Martin , Commissioner Chairman . CommissionerMike Samson Tom Jankovskv , Commissioner Frank Hutfless , County Attorney Jean Alberico , Clerk of the Board Andrew Gorsev . County Manager (absent) when the following proceedings, among others were had and done, to-wit: ) )ss ) RESOLUTIONNo. 2aD- 3V A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR A WATER STORAGE FACILITY INCLUDING MATERIAL HANDLING FOR A WATER DRAW PUMPING STATION ON A PORTION OF A 5,507 ACRE PROPERTY OWNED BY CHEVRON LOCATED APPROXIMATELY 7 MILES NORTTIWEST OF PARACHUTE IN SECTTON 8 TOWIISHIP 6 SOUTH, RANGE 96 WEST OF THE 6rH P.M, GARFIELD COUNTY PA RCEL NO# 2 t7 I - I 82-00-008 RECITALS A. The Board of County Comrnissioners of Garfield County, Colorado (Board), received a request for a Land Use Change Permit to allow for a Water Storage Facility and Material Handling Facility for a Water Draw Pumping Station on Parachute Creek as further described in Exhibit A, Site Plan. B. The facility will be operated PDC Energy and is located on approximately 0.75 acres within an approximately 5,507 acre property owned by Chevron. The legal description of this property is described in Exhibit B, and in a Lease Agreement found at Reception Number 830999 in the records of the Garfield County Clerk and Recorder. C. The subject property is located within unincorporated Garfield County in the Resource Lands Gentle Slopes (RL-GS) Zone District, approximately 7 miles northwest of Parachute. 1 f, ll I llii ltllrl lti'f$ff f Ft I I +H*rt lllt tttjt I t t/, tll t t I I I IRecept i onH : 83TG09Ai|AS!2O13 09:58 54 Afl Jean Albertco2 of 7 Rec Fee gO O0 Oo"-iee,ij-OO CEFfrelO couruTy co D. A Water Storage Facility and Material Handling Facility for a Water Draw Pumping Station may be permitted in the RL-GS Zone District with a Limited Impact 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 Unified Land Use Resolution of 2008, as amended. F. The Board of County Commissioners opened a public hearing on the 10ft day of June 2013 forconsideration of whetherthe 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 10th day of June, 2013 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 wils 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 the Chevron - PDC Energy Water Storage and Material Handling - Water Draw Facility is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garheld County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoption of conditions and granting of waivers from the landscaping plan, water supply plan requirements, and river setback/buffer the application has adequately met the requirements of the Garfield County Unif,red Land Use Resolution of 2008, as amended. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: B. Illl ltr t lt]l r I U,i [1 I lHl, Hl, It fl Hll H[ll{ fl'+ll l{1,,1 I I I I tReception*: 8376O9 A7 l05l2O13 09 58r54 Altl Jean Albe.rco3 of 7 Rec Feergo 00 ooe Fee.g o0 cApptEr_o couNTy co The forgoing Recitals are incorporated by this reference as part of the resolution. The Land Use Change Permit for the Water Storage and Material Handling - Water Draw Facility submitted by Chewon in conjunction with PDC Energy is hereby approved subject to compliance with the following conditions: That all representations made by the Applicant in the application shall be conditions of approval, unless specifically altered by the Board of County Commissioners. That the operation of the Chevron - PDC Water Storage and Material Handling - Water Draw Facility shall be done in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility. Prior to the issuance of the Land Use Change Permit, the Applicant shall provide confirmation from the County's Flood Plain Manager that no flood plain permitting requirements apply to the proposal. The Applicant shall also provide an opinion from a qualified professional that the pump house location is an acceptable location and not anticipated to be subject to unreasonable flood impacts. Prior to issuance of the Land Use Change Permit, the Applicant shall provide preliminary engineering for the following: a) protection of foundations from scour during high warer events; b) the pumping arm extension demonstrating protection from damage during high water events including from debris; c) confirmation that the proposed facilities will not impact the carrying capacity of the creek during a high water event. Waivers from Section 4-203 regarding Water Supply Plans and Landscape Plans are approved pursuant to the approval criteria contained in Section 4-202 of the ULUR provided that the uses on the site maintain consistency with the Application representations regarding the limited uses and activity on the site. A Waiver from Article VII Standards regarding Protection of Wetlands and Waterbodies (Section 7-203') is approved pursuant to the approval criteria contained in Section 4-ll7 of the ULUR provided the use and site plan location for the pump house maintain consistency with the Application representations. The facility shall maintain compliance with CDPHE Storm Water Management Permits and requirements, Drainage and Grading Plans, Erosion and Sediment Control Plans, including Re-vegetation, and Reclamation Plans. The plans shall be supplemented with calculations of storm water detention volumes necessary to protect the Creek. Re- vegetation shall be initiated during the next growing season following completion of construction and shall include: a) stabilization and riparian plantings on the disturbed bank adjacent to Parachute Creek; and b) native seeding along the pipeline disturbance. The Applicant shall maintain their Substitute Water Supply Plan including current and 3 l. 5. 7. llll tlii f ll1l?rl ttl I{h t*t t t+fl I*1,: tillt !ilif l J,'t ll{,,1 I I I IReception$: 837609 !'i?u+'3:3 P!.u3ot3ooB""rFS! Blffi.aEFFrELD couN-y c0 future renewals or obtain a court decreed plan for augmentation in accordance with the referral comments from the Colorado Division of Water Resources referral comments. The facility shall maintain compliance with Section 7-306 Lighting, with all lighting to be directed inward and doward toward the interior of the site. Facilities and water storage tanks shall be painted a non-glare neutral color to lessen any visual impacts. Portable toilet facilities will be provided on site or adjacent to the site at the Garden Gulch Guard Station. An Emergency Response Plan was provided with the Application submittal. The Plan and contact information shall be kept updated. The Applicant shall comply with their Noxious Weed Management Plan including the best management practices. Certified weed free straw shall be used for storm water mitigation. The Applicant shall install signage at the entrances to the facilities directing traffic and shall maintain clear vision areas at access points including removal of vegetation if needed. Signage noting additional truck traffic and turning activity shall be provided on Garden Gulch Road adjacent to the site. Protection for the existing pipe structure adjacent to the east entrance of the Fill Facility shall be maintained in accordance with industry standards. The Applicant shall comply with the recommendations of the West Water Engineering Inc. Wildlife Impact Study as represented in the submiffals and include a second screen fully enclosing the pump intake to allow aqtratic wildlife to escape suction during pumping. 9. r0. I l. 12. 13. 14. Dated this t<t dav or q*,, A.D. 20 13 ATTEST: of the Board Upon motion duly following vote: a .\o.: SEAL :aaat Y BOARD OF CARIIELD by the 4 made and seconded I I I I il1i I l1 r 18,1, ffii l'+h ltl t Ltllltr r'l I flt F{ rt I *'Ll{l t I I I IReception$: 8376O9 07tO5t?O13 09 58 54 nH Jean ploerico 5 of 7 Rec Fee go 0o Doc Fee:O OO GARFIELD coUNTy Co COMMISSIONER CHAIR JOHN F. MARTIN , Aye COMMISSIONER MIKE SAMSON , Aye COMMISSIONER TOM JANKOVSKY , Aye STATE OF COLORADO County of Garfield I,, County Clerk and ex-officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF.I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of A.D.20 County Clerk and ex-ofiicio Clerk of the Board of County Commissioners ) )ss ) 5 =--.1-+3 ?bE= =: Ia- o IEF IHFg I =.r8 I!Eo I =IT IotarEd I =$mi I EXHIBIT "A" (Site Plan) rt $lr F i ,a--;7, t'.\'\\\ )r,l /' (\ 't -: t,rod #Egr--s H :----\ -l.-----W__ -,r--\_!..ir=;R rr-*=i:\:_-L \ n rit,,1 ,i;'/ l /i'ffi ,"'r|1ffi'r' \4i t,; , il 1,4'i ,"'t,l f tii,le, !1i ' yt'l e Htr ]!**f: ;---:t1 JTe lI = (J4-i: L- \} =-,21-.+.\ \--- i 1- t li. I t.' tr{"gii,,',.Xd!:',.H1#:[||{ffi;;1:i'r'ril41r{'rtrrrr EXHIBIT "B" (Legal Description) Leg a I Desuirtbn of Chevron parcd 21 7i - I EA-m-0 0A section: 18 Torrvnshlp: 6 Renge: 9G sEC 4 A TR coNT 16o.9.tAc ExcEpr A TR coNT4.254G SEC 5 LOTS 1d-19,21*23 SEC 6 LOTS 1-18,SW, W1/2SE SEC 7 Vrfl/zNE, MAr. SW,wlf2sE, LOT 1{ SEC 6 1-5,7 12,Sll2SW,r{WSW, SESE, ts15 sEc 171,2,+14,15,17 ,17,f{ENE, EIIZSE. SEC 16 W1I2NE, t{UV, SW, WI/ZSE, LOTS 1-4 SEC 20 1-d.d,7,NE. NWNW.s1/zilw, Elrzsw sEC zt Lors 1-4 sEc 29 LoT J,4. w1nNE. NENW AKA BtiuMtNtrE is, PT OF 16 CONSOLIDATEO flS }10,12,13 GRAND VATLEY #S 1,2.7,8 MIDLANO #S 1. s,G.J.N. #S 1 & 2 EXCEPT 28.87 AC. FOR CO. RD. 215 ROW AND SLIDE FGL 7