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Home My WebLink AboutResolution 2012-12■M Whr"WROWWWROA h 1111 rtecc�eppt tont) : !sl fh2l4E12812 11:141111% Jan AI�lm 1 of 5 Rao Fom%$B.N Doo �*a.0.OB OWIELD COUNTY CO STATE OF COLORADO ) County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, field in the Commissioners' Meeting Room, Garfield County Administration Building in Glenwood Springs on Tuesday, the 214 day of February A.D. 2012, there were present: John Martin . Commissioner Chairman Mfice Samson_. Commissioner Tam Jankovsky Commissioner Andrew Ciorgoy . County Attorney, Acting -County Manager Car Assistant County Attorney Jean Albedco , Clerk of the Board when the following proceedings, among others were had and done, to-wit:- RESOLUTION o-wit: RESOLUTION NO. --90 IQ - I c. A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR WATER TANK STORAGE ON WELL PAD F26 AND MATERIAL HANDLING RELATED TO AN INJECTION WELL ON WELL PAD M23 LOCATED WITHIN A 15,800 -ACRE PARCEL OWNED BY ENCANA OIL & GAS (USA) INC. AND LOCATED 16.7 MILES NORTH OF PARACHUTE IN SECTIONS 23 AND 26, TOWNSHIP 4 SOUTH, RANCH 96 WEST OF THE 6TR P.rm, GARFIELD COUNTY PARCEL NO# 1917-274-00-012 Recitals A. The Board of County Commissioners of Garfield County, Colorado, (Board) received a request for a Land Use Change Permit to allow for Tank Storage on Well Pad F26 and Material Handling Well Pad M23. This approval allows operation of facility to store produced water in tanks on F26 for eventual injection on M23, as further described in Exhibit A. B. The Water Impoundment is located within a 15,800 -acre parcel of land owned by Encana Oil & Gas (USA) Inc. on two well pads approved by the Colorado Oil & Gas Conservation Commission (COGCC) and identified as Well Pads M23 and F26. The ownership of this property is located in Merger Documents and a Special Warranty Deed found in the records of the Garfield Coutrty Clerk and Recorder. C. The subject property is located within unincorporated Garfield County in the Resource Lands (Plateau) zone district, north of the terminus of County Road 215 approximately 16.7 6 111111111FILIhlMI&M 19NAM N mill ":7, ltaMi• 815101 0.ZY1T 11rf9i69 Rig J�so.�d�rFIEID COUNTY CO 2 6 Rio w�t0,6B deo miles from of the Town of Parachute. D. Tank ' Storage and Material Handling may be permitted in the Resource Lands (Plateau) zone district with 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 21'r day of February, 2012 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. H. The Board of County Commissioners closed the public hearing on the 21' day of February, 2012 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. 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 Water Tanks on Well Pad F26 and an Injection Well on Well Pad M23 located within a 15,800 -acre parcel in the Resource Land (Plateau) zone district is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County if recommended conditions of approval are adopted. 4. 'That, with the adoption of recommended conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That, with the adoption of recommended conditions, the application has adequately met the requirements of the Garfield County Unified Land Use Resolution of 2008, as amended. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: 2 cul I�hr�l�hfllll+li�h'f�6�IC I��II milli R�ooption##• 8111101 121 12 12 11:1 89 an Jean plbarioo a , B Rao Fa'VIO0 Coo Fee -.1 00 MWIEW ao%M Co A. The forgoing Recitals are incorporated by this refamnee as part of the resolution. B. The Land Use Change Permit for Water Tanks for storage of produced water on Well Pad F26 and Material Handling related to an injection well on Well Pad M23 is hereby approved subject to compliance with the following conditions: 1. That all representations made by the Applicant in the application and at the public hearing before the Boatel of County Commissioners, shall be conditions of approval unless specifically altered by the Board of County Commissioners. 2. Operation of the facility must be in accordance with all Federal, State and Local regulations and permits governing the operation of this facility. 3. Industrial activities shall be required to comply with the following standards: (1) The volume of the sound generated shall be so operated that the volume of sound inherently and recurrently generated does not exceed the Statutory requirements; (2) 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; (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) 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. 4. Prior to issuance of a Land Use Change Permit the Applicant shall provide a Spill Prevention, Control and Countermeasure Plan that contains adequate information regarding containment of a tninfinwn of 116% of the fluids proposed to be stored on the site. This plan shall be submitted to the Building and Planning Department for review and acceptance. Dated this , � & day of - . A.D. 2O–L2=—. Rwoe�ptlenllt a1191 021KIRS112 11:14:59 MI Jan Alberl 4 of 5 Reo Fes:j6.09 Doc Fea:@.if9 FIELD COUNT'! CO ATTEST: ; � L GARKI ELD COUNTY BOARD OF C GARFIELD ~oto" •gyp OUN'I'Y COL rY7 of the Board C Upoa motion duly made and seconded the fo oing Re l ' n was ad by the following vote: CONSMSIONER CHAUR JOHN F. MARTIN Aye COMMISSIONER MIKE SAMSON .. , Aye COMMISSIONER TOM JANKOWKY 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 WBEREOF, 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 4 IL i