HomeMy WebLinkAbout11.0 Resolution 2005-45IIIIN IdIN 1111111IIII111111Ili 11111111 11111111
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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 Plaza Building, in
Glenwood Springs on Monday, the l6`s day of May, 2005, there were present:
John Martin
Larry McCown
Tresi Houpt
Don DeFord
Mildred Alsdorf
Ed Green
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
, County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2005-45
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE
PERMIT FOR "STORAGE, PROCESSING, AND MATERIAL HANDLING OF
NATURAL RESOURCES" FOR A PRODUCED WATER TREATMENT AND
STORAGE POND FACILITY
WHEREAS, the Board of County Commissioners of Garfield County, Colorado,
received a Special Use Permit (SUP) request for "Storage, Processing, and Materia]
Handling of Natural Resources" submitted by Encana Oil and Gas USA, Inc to construct
a produced water treatment and storage pond facility; and
WHEREAS, the proposed facility is to be located on 3 acres of a 27,000 acre
property formerly known as the UNOCAL property located at the end of CR215, north of
Parachute, CO and is zoned Resource Lands (Gentle Slopes & Lower Valley Floor)
where such use is permitted as a Special Use; and
WHEREAS, the proposed fadility will serve as a temporary holding pond where
produced water generated from natural gas drilling operations in the area can be treated,
stored, and then reused in drilling operations in the area operated by Encana Oil and Gas,
USA; and
WHEREAS, the proposed pipeline is to be located on a property legally described
in Attachment A attached hereto; and
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WHEREAS, the Board of County Commissioners opened a public hearing on the
16th day of May, 2005 upon the question of whether the above-described SUP should be
granted or denied, during which hearing the public and interested persons were given the
opportunity to express their opinions regarding the issuance of said SUP; and
WHEREAS, the Board of County Commissioners closed the public hearing on the
16th day of May, 2005 to make a final decision; and
WHEREAS, the Board of County Commissioners on the basis of substantial
competent evidence produced at the aforementioned hearing, has made the following
determination of facts:
1. That proper publication, public notice, and posting was provided as required by law
for the hearings before the Board of County Commissioners.
2. That the public hearing before Board of County Commissioners was extensive and
complete; all pertinent facts, matters and issues were submitted; and that all interested
parties were heard at those hearings.
3. The proposed Special Use Permit conforms to Sections 3.10.04, 5.03, 5.03.07 and
5.03.08 of the Garfield County Zoning Resolution of 1978, as amended.
4. The proposed use is in the best interest of the health, safety, morals, convenience,
order, prosperity and welfare of the citizens of Garfield County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Garfield County, Colorado, that based on determination of facts set
forth above, the SUP request for "Storage, Processing, and Material Handling of Natural
Resources" is approved with the following conditions:
1. That all representations of the Applicant, either within the application or stated at
the hearing before the Board of County Commissioners, shall be considered
conditions of approval unless explicitly altered by the Board.
2. That the Applicant shall comply with the fire protection provisions included in
the rules and regulations of the Colorado Oil and Gas Conservation Commission
(COGCC) and the National Fire Code as the Code pertains to the operation of
this facility.
3. The issuance of the Special use Permit shall be subject to an annual review of the
water chemistry contained in the evaporation pit at such time when free standing
water is within the pit and water samples collected from the ground water
monitoring well. These analyses shall be submitted to the Building and Planning
Department on the first day of July for every year the pit is in operation. The cost
of this analysis shall be born entirely by the Applicant. If this water is
determined, through these analyses, to be hazardous or toxic based on applicable
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standards, the Applicant or owner / operator of the facility shall be required to
submit an additional SUP to specifically address / mitigate any detected potential
hazards.
4. The County reserves the right to retain outside expertise, at the expense of the
Applicant / operator of the facility, in order to conduct tests or analyses of the
physical nature, water chemistry or groundwater properties on or away from the
site.
S. That this facility is for the sole use of the Applicant. If any other entities are to be
added as users, then they would be subject to an additional SUP as well as rules
and regulations as administered by the COGCC.
6. That all out-of-state vehicles and equipment associated with the operation of the
facility be properly licensed within the State of Colorado. The Applicant shall
provide a List of all associated licensed equipment to the County Clerk and
Recorder prior to the issuance of a Special Use Permit.
7. All produced water brought to the facility that is contained in any above ground
storage / treatment / separator tanks shall be contained within an adequate
secondary containment structures constructed from impermeable materials to
prevent any spill from impacting groundwater.
8. The Applicant shall comply with the following requirements in order to mitigate
adverse affects of this operation on wildlife:
a. The Applicant shall monitor the pond for the presence of oil as a matter of
typical operation and maintenance duties and to prevent wildlife from
being harmed. If, in the unlikely event, oil reaches the pond water, the
Applicant shall take measures to immediately remove it.
b. The Applicant shall install a waterfowl deterrence system for the pond
which has been approved by the Division of Wildlife. The Applicant shall
submit written proof from the Division of Wildlife indicating the proposed
system meets their approval prior to the issuance of a Special Use Permit.
c. The Applicant shall immediately report the death of any migratory bird
caused by activities or structures at the facility to the Colorado Division of
Wildlife and the United States Fish and Wildlife Service in accordance
with state and federal regulations.
9. Prior to the issuance of a Special Use Permit, the Applicant shall submit the
following items to the Count Vegetation Manager for approval:
a. The Applicant shall map and inventory the property for the County Listed
Noxious Weeds.
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b. The Applicant shall provide a Weed Management Plan for the inventoried
noxious weeds.
c. The Applicant shall augment the site reclamation plan by providing a plant
material list and planting schedule for the reclamation.
d. The Applicant shall provide a Mosquito Management Plan that will
address how the Applicant intends to monitor and manage this site for
mosquitoes.
e. The Applicant shall provide the County Vegetation Manager with a
disturbed acreage as a result of the construction of the pond so that an
appropriate revegetation security can be calculated and posted by the
Applicant to Garfield County in a form acceptable to the county
Attorney's Office. This security shall be posted prior to the issuance of a
Special Use Permit and held by the County until successful revegetation
has occurred as determined by the County Vegetation Manager which
shall cause the release of the security.
10. The Applicant shall be required to pay double the grading permit fee to be
determined by the Building and planning department prior to the issuance of a
Special Use Permit.
11. The Applicant shall comply with the following Industrial Performance Standards
in Section 5.03.08 of the Garfield County Zoning Resolution of 1978, as
amended including:
a. Volume of sound generated shall comply with the standards set forth in
the Colorado Revised Statutes.
b. Vibration generated: every use shall 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.
c. Emissions of smoke and particulate matter: every use shall be operated so
as to comply with all Federal, State and County air quality laws,
regulations and standards.
d. 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 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.
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Dated this (p74.
day of n e1 , A.D. 2005.
ATTEST:
�1 rr' �
•ice,"
CI
k of the,d
-'Upon motion duly made and seconded the forego]
the following vote:
GARFIELD COUNTY
BOARD OF
COMMISSIONERS,
GARFIELD COUNTY,
COLO 0
John Martin
Larry McCown e
Tresi Houpt , Nay
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. 2005
County Clerk and ex -officio Clerk of the Board of County Commissioners
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Lewd Description
Township 4 South, Range 95 West, 6th P.M.
Sections 19 and 20: All
Section 21: E/2SW, NFJNW/4, NE/4, N/2SE/4, SE/4SE/4
Sections 22 through 27: All
Section 28: S/2, S/2S/2, NE/4NFJ4, NWI4NW/4
Sections 29 through 34: All
Section 35: N/2
Section 36: N/2
Township 4 South Range 96 West. 6th P.M.
Section 22: S/2, NW/4, W/2NE/4,
Section 23: S/2, NE/4, E/2NW/4
Sections 24 through 27: All
Sections 28: E/2
Section 33: SE/4, S/2NE/4, NE/4NE/4
Sections 34 and 35: Ail
Section 36: N/2, SW/4
Townsbig 5 South, Range 95 West. 6th P.M_
Section 4: N/2
Section 15: S/2, S12N/2
Section 16: All that part lying South of the southernmost Mahogany marker
a.k.a. Hof tnan No. 36 Placer Mining Claim (S/2N/2 of Sec. 16, being a portion thereof)
a.k.a. Hoffman No. 35 Placer Mining Claim (N/2S/2 of Sec. 16, being a portion thereof)
a.k.a. Hoffman No. 34 Placer Mining Claim
Section 17: All that part of the N/2S/2 lying South of the southernmost Mahogany marker
a.k.a. Hoffman No. 30 Placer Mining Claim (N/2S/2 of Sec. 17),
S/2Sl2 a.k.a. Hoffman No. 31 Placer Mining Claim (S/2S/2 of Sec. I7)
Sections 19 through 22: All
Sections 27 through 34: All
Township 5 South. Mtge 96 West. 6'h P.M.
Section 2: W/2, less and except those portions conveyed by Union Oil Company of California to
Exxon Corporation by Special Warranty Deed recorded in Book 640, Page 869, Garfield County,
Colorado.
Sections 3 through 5: All
Sectiorss 8 through 10: All
Section 11: W/2, less and except those portions conveyed by Union Oil Company of California to
Exxon Corporation by Special Warranty Deed recorded in Book 640, Page 869, Garfield County,
Colorado.
Section 14: W/2, SE/4, W/2NE/4
Sections 15 and 16: All
Section 17: E/2
Sections 21 through 28: All
Section 33: N/2N/2, less and except the West 32 rods of the NW/4NW/4 containing 16 acres,
more or less
Sections 34: NW/4NW/4, NEM
Section 35: N/2
Section 36: N/2, N/2SE/4, S/2SE/4 Iying easterly of Parachute Creek
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Township 6 South, Range 96 West, 6th P.M.
Section 1: Lots 3 to 14, inclusive
Sections 2 and 3: All
Section 4: That portion of the section east of Parachute Creek
Sections 9 and 10: All
Section 15: W/2, W/2FJ2
Section 16: All
Section 21: FJ2NW/4, NE/4, SF/4, SFJ4SW/4
Section 22: N/2, SW/4
Section 27: W/2NW4
Section 28: NE/4, NEI4SEI4
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