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Home My WebLink About6.0 Resolution 2008-43]il Htltuilt,Ttil{mfi,HltHlflilufl/I lfi(lfl I llllI Receotion$: 746346 @4t11'12?,@A @8:51:10 BM Jean nlbericoT;i 6-R; FEe,So.oo Doc Fee,@,00 GnRFIELD CoUNTY C0 , STATE OF COLORADO County of Garfreld ) )ss ) At a regular meeting of the Board of county commissioners for Garfield cor'[rty' colorado' held in the commissioners' Meeting Room, carrreta county courthouse' in Glenwood Springs on' Morrduy, the 17e day of March A'D' 2008' there were present: John Martin ' Commissioner Chairman Larry McCown ' Commissioner Trdsi Houpt ' Commissioner ' D-ePutY Coultl AttorneY Jean Alberico ' Clerk of the Board Ed Green ' CountY Manager whenthefollowingproceedings,amongotherswerehadanddone,to-wit: RESOLUTION NO. 2008-43 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR PROCESSING AND MATERIAL IIANDLING OF NATURAL RESOIIRCES (WATER GATIMRING FACILITY) OPERATED BY BILL BARRETT CORPORATION(WELLPAD218.31-691)ANDFORAPROPERTYowNEDBY PERRY DAN RODREICK, GARFIELD COUNTY PARCEL NO# 2 I I I 3 I 200222 WIIEREAS, the Board of county commissioners of Garfield county, colorado ("Board")' has receivea an uppticutio, to* Bill'Barrett corp. (operator) represented by wagon wheel consurting and with written permission from perry Dan Rodreick for a special use Permit ("SL'P"; to allow Processing and Materiat Handling of Natual Resources on a properry within the ARRD iagi""f*aUResiJentialiRural Density) zone district' -* WHEREAS, the Board held a public hearing on the 17ft day of March' 2008' upon the question of whethl',rr. uUor" described SUP should be glanted or denied' at which hearing the public and interested persons were given the opportunity to express their opinions conceming the approval of said special use permit; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearinB, has made the following determination of fact as listed below: l.Properpostingandpublicnoticewasprovidedasrequiredforthemeetingbeforethe 1 t{ 'Ei",t1#ft!i#*f.',mTJ: : :: *' d I I I I I t Board of CountY Commissioners' 2. The meeting before the Board of county commissioners was extensive and complete' thatallpertinentfacts,mattersandissuesweresubmittedandthatallinterestedparties 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, *o'i', convenience' order' prosperity and welfare of the citizens of Garfield County' 4. The application has met the requirements of Special Use (Sections 5:03' 5'03'07' and 5.03.0g) the Garfield county zirungResolution of 1978, as amended' Now rrrEREFoRE, BE rr RES.L'ED by the Board of county commi_ssioners of Garfield County, Colorado, that Special UTt fermit ior Processing and Material Handling of Natural Resources for a property owned uv p.r"y n* noar.i"t is hJreby approved subject to compliance with all of the foltowing specific conditions: l.ThatallrepresentationsoftheApplicant,eitherwithintheapplicationorstatedatthehearing before the Board of county comriissioners, shall be considered conditions of approval unless exPlicitlY altered bY the Board' 2. T\eApplicant shall comply with all standards as set forth in $5.03.08 ..lndustrial Performance Standards,, of the Gar'reld C"*r;t;;; Resolution of 19i8 as amended and included here as follows: a.Thattheoperationofthefacilitybedoneinaccordancewithallapplicable federal,state,andlocalregulationsgoverningtheoperationofthistypeof facilitY' b. volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes' c.Everyuseshallbesooperatedthatthegroundvibrationinherentlyand recurrently generated ir roip.rr.ptiblg, without instruments, at any point of any t"*artyiiie of the property on which the use is located' d.Emissionsofsmokeandparticulatematter:everyuseshallbeoperatedsoasto complywithaltnederar,StateandCountyairqualitylaws,regulationsand standards. e. Every use shall be so operated that it does not emit heat' glare' radiation or fumes which substantially interfere with the existing use of adjoining properly or which 2 I r lll lff,I H li I Ifl , ili, i{h, Itll''i l# r' l\l't lll'l I tr"tl{t' I r I ll I Receotionf,: 74634O tiqitli)@@a 08:51,1@ Fl'l Jean nlbarico5-;i'i-H;; Flelio.oe do.-FE.'d oo cnnrlelo couNrY c0 constiturcs a public nuisance or hazard. Ftaring of gases, aircraft warning signals' reflective painting of ,to.ug. tanks, or othei such operations which may be required by law as safety oi ui, pollution contol measures shall be exempted from this Provision' f. Storage of flammable or explosive solids oI gases shall be in accordance with uc"epi"d standards *a ru*r and shalt compty with the national, state and local fire codes and written recommendations/comments from the appropriate local protectiondistrictregardingcompliancewiththeappropriatecodes. g. No materials or wastes shall be deposited upon a proPerty in such.form or manner that they may be transferred off the property ty *y reasonably foreseeable natural causes or forces' h. , Any repair and maintenance activity requiring the use of.equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of 8 a'm' to 6 p'm'' Mon'-Fri' i. Loading and unloading of vehicles shall be conducted on private property and *uy ooi be conducted on any public right-of-way' j. Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size' k. Any lighting of storage area shall be pointed downward and inward to the propffi..rlt., *d snlded to prevent direct reflection on adjacent property' 3. That the Applicant shall comply with the fire protection provisions included in the rules and regulations of the Colorado Oil and Gas ionservation Commission (COGCC) and the lnternational Fire Code as the Code pertains to the operation of this facility' 4. Water pollution: in a case in which potential hazards exist, it shall be necessaly to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the faciiities may begin. A11 p-ercolation tests or ground water resource tests as may be required by local or Stateftealth Officers must be met before operation of the facilities maY begin. 5. That all necessary building permits are obtained for the water gathering site' 6. Deliveries and construction to the water storage facility shan onty occur during daylight hours' 7. The Appiicant shall teat the gravel surfaces within the facility periodically as needed with an upp.*"d dust suppressant to control fugitive dust' , r ilt fitrr /[ iltu,nu,ru!il1+rtl*rr: H,t []/Li+ H lll'l r ll I ReceotionH: 74634O @4t1'l'120,@8 @8:5'l:1@ Al'l Jean nlbericoI ii s-nii Fte'So.so Doc Fee:@.O@ GARFIELD COUNTY c0 8. All construction and operation of the site shall occur in accordance with the Storm Water Management Plan (SWMP) as submitted' 9. Ar construction and operation of the site shafl occru in accordance with the most up-to-date SpillPreventionControlandCountermeasureplanforthissite. 10. A[ construction and operation of the site shalr occur in accordance with the wildlife Assessment and Management nepo.t created by WestWater Engineering and dated November 2007 for this site' 11. The Applicant shall obtain all necessary d.riveway permits from the Garfield County Road and Bridge Departrnent. Specifically, thl Applicantihall pave the driveway apron to a depth of20-feetintothesiteandtoaminimumof4-inchesindepth. 12. All industry traffrc sharl follow designated preferred haul routes to and from this site as further outlined in Exhibit F' 13. The Applicant shall make the seed tags available to-Garfield county upon completion of the reseeding efiorts a survey and weed ir*ug"-"nt plan has been provided' Further' a county listed noxious weed, whitetop (Cardaria iraba) is not mentioned in the weed plan; however this species is prevalent on the Rodreick's property in the fields to the east of the proj ect area' It is likely that whitetop may be one oi ur" initial invading species to this site post- disturbance. Any weed management contractor working on this project should be alerted to the threat of whiietop and be prepared to treat it early in the growing season should it become estabiished on this site. Dated ,hi, 1: auy ot Crrt'-L ' A'D' 20 o tr ' GARFIELD I.INTY BOARD OF ATTEST: COMMIS , GARFIELD COINTY, COLO 4fr*.tt-Bla: SEAL !aaaaaaaaoa . ,Itt......t*S%6ile ' llllllltLH?,Ftl,H{.t|l,hlll:l{fl\T'tl+llt#'ltl't lllll --c-'ff Zlgff ?*ffi 3r'"' F::' e l 86' aEEF I ELD couNTY co Upon motion duly made and seconded the foregoing following vote: , Resolution was adoPted bY the Aye Aye Aye STATE OF COLORADO County of Garfreld County Clerk and ex-officio Clerk of the Board of corrrty a d Staie aforesaid, do hereby certiffthatthe annexed ,rr- ^ n-^^^^l:-- ^f+lr6 D^o.rl nf Cnrrnfw I, ;"Jili;i;il;;i"rion is truly copied from the Records of the Proceeding ofthe Board of countv Commissionirs for said GarFreld County, now in my office' IN WITNESS WHEREOF, I have hereunto set my hand and affrxed 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 ) )ss ) 5