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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 Courthouse, in Glenwood
Springs on, Monday, the 14th day of December A.D. 2009, there were present:
-...Jo=hn ......... M=art=i=n _____________ , Commissioner Chairman
.=.T=res=1:..:· H:.o.o .... u...,ot::.=--____________ __,. Commissioner
~M=ik=c:;...S .... am__.s=o=n ____________ _,, Commissioner
=D=eb=o=rah=.:....Q.:><..:::ui=nn=--------------'' Assistant County Attorney
:.:Je=au ........ A ..... lbe=n:.::·c"""o ____________ __,, Clerk of the Board
.,.Ed........,G .... re ..... e...,n .... C .... absc=-n--t .... ) __________ _,, County Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 2010-08
A RESOLUTION OF APPROVAL FOR A SPECIAL USE PERMIT FOR EXTRACTION
AND PROCESSING OF NATURAL RESOURCES ON WELL PAD GV 82-S,
OPERATED BY WILLIAMS PRODUCTION RMT COMPANY ON LAND OWNED BY
BATTLEMENT MESA PARTNERS, LLC WITIHN THE BATI'LEMENT MESA
PLANNED UNIT DEVELOPMENT, GARFIELD COUNTY
PARCEL NO# 2407-081-00-152
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, received a
Special Use Permit request to allow for Extraction and Processing of Natural Resources on Well
Pad GV 82-5 located within the Battlement Mesa Planned Unit Development.
B. The extraction and processing activity is limited to a 16.3-acre site within a 1,595-acre
parcel, said parcel owned by Battlement Mesa Partners, LLC and described in a deed recorded
on December 21, 1989 at Reception Number 408506 in the office of the Garfield County Clerk
and Recorder.
C. The subject property is contained within the Battlement Mesa Planned Unit
Development and subject to the PUD zoning approved by the Board of County Commissioners
in Resolution Number 82-121.
D. The Battlement Mesa PUD requires a Special Use Permit for Extraction and
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Processing of Natural ResoW'Ces in all zone districts within the PUD.
E. The Board is authorized to approve, deny or approve with conditions a Special Use
Pennit pursuant to the Zoning Resolution of 1978, as amended by Resolution 79-132, and is
further authorized to approve, deny or approve with conditions a Land Use Change Pennit
pursuant to the Unified land Use Resolution of2008, as amended.
F. The Planning Commission considered this request at a public hearing held on
November 18, 2009, at which time the Commission recommended approval with conditions to
the Board of County Commissioners.
G. The Board of County C~mmissioners opened a public hearing on the 14th day of
December, 2009 for consideration of whether the proposed Special Use 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.
H. The Board of County Commissioners closed the public hearing on the 14th day of
December, 2009 to make a final decision.
I. The Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determinations of fact :
1. Proper posting and public notice were provided as required for the meeting before
the Board of County Commissioners.
2. The meeting 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. For the above stated and other reasons, upon compliance with the adopted
conditions of approval required by the Board of County Commissioners, the proposed
Special Use Pcnnit for Extraction and Processing of Natural Resources on Well Pad
GV 82-5 within the Battlement Mesa PUD is in the best interest of the health, safety,
morals, convenience, order, prosperity and welfare of the citizens of Garfield County.
4. Upon compliance with the adopted conditions of approval required by the Board
of County Commissioners, the application will meet the requirements of the Garfield
County Zoning Resolution of 1978, as amended by Resolution No. 79-132.
RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that :
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A. The forgoing Recitals arc incorporated by this reference as part of the resolution.
B. The Land Use Change Pennit for a Special Use Pennit for Extraction and Processing of
Natural Resources on Well Pad GV 82-5 within the Battlement Mesa Planned Unit
Development is hereby approved subject to compliance with the following conditions:
1 . That all representations of the Applicant, either in testimony or the submitted
application materials, shall be considered conditions of approval unless
specifically altered by the Board of County Commissioners.
2. Any materials including solids, liquids or gases resulting from the extraction and
processing activity shall be removed from the site. nus does not preclude the
allowance of pennitting on-site temporary storage for these materials through this
special use process.
3. The Applicant shall submit an updated site plan that indicates the following:
a. COGCC-approved well pad area;
h. Area of the well pad that is included in the COGCC-approved reclamation
plan;
c. Area of disturbance and any use/material or facility within that area;
d . Well pad improvements;
e. Facilities or improvements required by other permits including. but not
limited to, Stormwater Management Plan and Spill Prevention and Control
and Cowitenneasures Plan;
f. Location and use of all facilities, materials and uses within the well pad.
including, but not limited to, tanks, trailers, porta-potties, trash receptacles and
pits;
If, upon review of the site plan, any activity accessory to the Extraction and
Processing is NOT wholly contained within the COGCC-approved well pad then
County review and approval of a reclamation plan for those areas, along with
sufficient security, shall be required. An approved County reclamation plan shall
be required prior to issuance of a Land Use Change Pennit.
4. All operational activities including, but not limited to employee parking, fuel
storage, sanitation facilities, equipment and natural resource storage areas shall be
limited in location to that surface area which is under permit with the COGCC for
the well pad unless otherwise approved through this permit. Any extraction
and/or processing activity fowid occurring off-site of the well pad or not approved
through this permit, will be considered a violation of the Special Use Permit and
will be subject to the violation process as contained within the Garfield County
Unified Land Use Resolution of2008, as may be amended from time to time.
5. The Applicant shall provide sufficient infonnation to demonstrate that the well
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pad has not and will not impact jurisdictional wetlands. If jurisdictional wetlands
are impacted, the operation shall cease until such time as the required permits are
issued by the Anny Cmps of Engineers.
6. The County shall require the Operator to maintain the Volatile Organic
Compound (VOC) emission controls on the well pad facility, regardless of other
agency regulatory requirements.
7. The Operator acknowledges that the County has performance standards in place
that could lead to revocation of the Special Use Permit if continued violations of
the permit occur over a period of time.
8. Operation of the facility must be in accordance with all Federal, State and Local
regulations and permits governing the operation of this facility.
9. The Applicant shall be required to submit a report annually, until such time as the
well pad is released from the COGCC reclamation bond, of the extraction and
processing operation, for staff review. Upon review of any deficiencies pursuant
to conditions of approval or other local, state, or federal permits, Staff may
forward the report to the County Commissioners for full review of the Special
Use Permit
10. The County commits to notifying the operator of any compliance concern and
allows an inspection with site personnel and the designated County inspector prior
to contacting any other permitting agency.
11. The County can request a site inspection with one calendar day 's notice to the
Operator. Full access to any part of the site will be granted. On reques4 all
paperwork must be shown. The County caMot request a large number of
inspections that would interfere with normal operation without cause.
12 . All extraction and processing activities shall be required to comply with the
following performance standards:
(1) Volume of the sound generated: every use shall be so operated that the volume
of sound inherently and recurrently generated does not exceed ninety (90)
decibels (or COGCC rule, whichever is more stringent), with a maximum increase
of five (5) decibels permitted for a maximum of fifteen (15) minutes in any one
hour, at any point of any boundary line of the property on which the use is
located.
(2) Vibration generated : every use shaJl be so operated that the ground vibration
inherently and recurrently generated is not perceptible, without instruments, at
any point of any boundary line of the property on which the use is located;
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(3) Emissions of smoke and particulate matter: every use shall be so operated so
as to comply with all Federal, State and County air quality laws, regulations and
standards;
( 4) Emission of heat, glare, radiation and fumes : every use shall be so operated
that it does not emit heat, glare, radiation or fumes which substantially interfere
with the existing use of the adjoining property or which constitutes a public
nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting
of storage tanks, or other such operations which may be required by law as safety
or air pollution control measures shall be exempted from this provision;
(S) Storage area, salvage yard, sanitary land-fill, and mineral waste disposal areas:
(a) Storage of flammable, or explosive solids, or gases, shall be in accordance
with accepted standards and laws and shall comply with the Nat ional Fire
Code;
(b) At the discretion of the County Commissioners all outdoor storage
facilities for fuel, raw materials and products shall be enclosed by a fence or
wall adequate to conceal such facilities from adjacent property;
The BOCC determined that additional screening or enclosure of this site is not
necessary due to on-site vegetative screening and topography that provide
adequate visuaJ screening.
(c) No materials or wastes shall be deposited upon a property in such form or
manner that they may be transferred off the property by any reasonable
foreseeable natural causes or forces;
(d) All materials or wastes which might constitute a fire hazard or which may
be edible by or otherwise be attractive to rodents or insects shall be stored
outdoors in accordance with applicable State Board of Health Regulation;
(6) Water pollution: in a case in which potential hazards exist, it shall be
necessary to install safeguards designed to comply with the Regulations of the
Environmental 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 Health Officers must be met before operation of the facilities may begin.
13. Prior to issuance of a Land Use Change Permit for GV 82-5 , the Applicant shall
provide the following infonnation regarding the fraccing location:
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a. Legal Description of the site;
b . Property owner permission for use of the site for this purpose;
c. COGCC permits for the adjacent site, including any additional permits
that may be required for this use;
d. lnfonnation related to where the produced water is originating (where it is
coming from) and how it is being transported to this site.
ATTEST: BOARD OF
GARFIELD
erk of the Board
Upon motion duly made and seconded the forego
following vote:
=C=OMM===IS=S~IO=NE~R~C=H~AIR~~J~O=HN-=----F_.MAR-=-'=-----TIN""""'-~--~--___,,Aye
=CO=MMl==S=S=IO:.aNE=R...,TRE...:=' ... s1:;..::H=O ..... UP~T __________ __,,. Aye
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STATE OF COLORADO )
)ss
Cotmty of Garfield )
y the
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 band and affixed the seal of said
County, at Glenwood Springs, this __ day of AD. 20 __ .
County Clerk and ex-officio Clerk of the Board of County Commissioners
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