HomeMy WebLinkAboutResolution 2009-421111 lar441011147.114.1k 11111
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.0611612009 11 37 13 AM Joan Alberico
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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 16th day of March, 2009, there were present:
John Martin
Mike Samson
Trhsi Houpt
Deborah Quinn
Jean Alberico
Ed Green (absent)
, Commissioner Chairman
, Commissioner
, Commissioner
, Assistant County Attorney
, CIerk of the Board
, County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 2009- 42
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE
PERMIT FOR THE INSTALLATION / OPERATION OF THE ENCANA OIL & GAS
USA, INC. STORY GULCH NATURAL GAS COMPRESSOR STATION LOCATED
ON 7.2 ACRES OF AN APPROXIMATE 45,000 -ACRE TRACT
LOCATED IN THE SWSE, SESW, SEC 34, T4S; & NENW,NWNE, SEC 3, T5S in
R96W of the 6th P.M. IN GARFIELD COUNTY,
PARCEL #1917-274-00-012
Recitals
A. Garfield County is a legal and political subdivision of the State of Colorado for
which the Board of County Commissioners (Board) is authorized to act.
B. On the 2"d day of January, 1979, the Board adopted Resolution 79-01 concerning a
Zoning Resolution for the County of Garfield, State of Colorado,
C. Pursuant to Section 9.03.04 of the Zoning Resolution of 1978, an application for a
Special Use Permit shall be approved or denied by the Board of County Commissioners after
holding a public hearing thereon in conformance with all the provisions of the Zoning
Resolution.
D. The Board held a public hearing on the 16th day of March, 2009, upon the
question of whether the above-described Special Use Permit should be granted or denied,
at which hearing the public and interested persons were given the opportunity to express
their opinions regarding the special use permit.
Qt
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E, The Board of County Commissioners closed the public hearing on March 16th,
2009, and acted on the basis of substantial competent evidence produced at the
aforementioned hearing.
Resolution
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Garfield County, Colorado, that the Special Use Permit is approved
based on the following findings:
A. The forgoing Recitals are incorporated by this reference as part of this Resolution.
13. Proper public notice via publication pursuant to Section 9.03.04 of the Zoning
Resolution of 1978, as amended, was provided as required by law for the hearing
before the Board of County Commissioners.
C. An application for a special use permit was made consistent with the requirements
of Section 5.03 of the Garfield County Zoning Resolution of 1978, as amended.
D. The public hearing before the Board of County Commissioners was extensive and
complete; all pertinent facts, matters and .issues were submitted; and all interested
parties were heard at that hearing.
E. The proposed Special Use Permit is in compliance with the recommendations set
forth in the Comprehensive Plan for the unincorporated areas of the County.
F. The proposed Special Use Permit is in the best interest of the health, safety, morals,
convenience, order, prosperity and welfare of the citizens of Garfield County.
G. The Special Use Permit for the Story Gulch Natural Gas Compressor Station
proposed by EnCana Oil & Gas USA, Inc., shall require that the following
conditions be satisfied:
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 operation of the facility be done in accordance with alI applicable
Federal, State, and local regulations governing the operation of this type of
facility.
3. 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 International Fire Code as the Code pertains
to the operation of this facility. Applicant will supply Garfield County with a
site-specific emergency response plan prior to the issuance of the SUP.
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4. Volume of sound generated shall comply with the standards set forth in the
Colorado Revised Statutes.
5. Vibration generated: the Compressor Station 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.
6. Emissions of smoke and particulate matter: the Compressor Station shall be so
operated so as to comply with all Federal, State and County air quality laws,
regulations and standards.
7. Emission of heat, glare, radiation and fumes: the Compressor Station 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.
8. All equipment and structures on the site shall be painted with a neutral shade
of tan or Beetle Green non -reflective paint to reduce glare and make the site
more inconspicuous.
9. No storage of heavy equipment is proposed or permitted on this site.
10. Any lighting of the site shall be pointed downward and inward to the
property center and shaded to prevent direct reflection on adjacent property.
11. 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.
12. The Story Gulch Compressor Station shall meet state requirements for
permitting as to storm water management, and an erosion plan specific to this
site shall be appended to Volume 1: Master Stormwater Management Plan
Piceance Creek/Eureka/Story Gulch Unit COR -039167 (51200$) that is used
for projects in this area.
13. Conditions set forth by Garfield County Vegetation Management Dept.
Director Steve Anthony in comments dated 2/4/2009 shall be met:
a. A re -vegetation bond of $4000 per acre shall be submitted for the
7.2 -acre site disturbance. If the use as a compressor plant is ended,
reclamation shall be initiated within 60 days and meet the
requirements set forth in the reclamation plan in place on the date the
Special Use Permit issued, or the site reclamation standards in place
at the time of use cessation, whichever is more stringent. The
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reclamation standards at the date of permit issuance are cited in
Section 4.06, 4.07 and 4.08 of the Garfield County Weed
Management Plan (Resolution #2002-94).
b. The security shall be held by Garfield County until vegetation has
been successfully re-established according to the Reclamation
• Standards in the Garfield County Weed Management Plan. It is the
responsibility of the Applicant to contact the County, upon successful
revegetation establishment, to request an inspection for security
release consideration.
c. The Applicant shall provide the Vegetation Management Department
with the original tags from each seed bag.
d. Any straw or hay bales used in erosion control shall be certified 'weed
free'.
14. Wildlife safety shall be addressed with the following conditions:
a. A plan to accommodate safe interaction between birds of prey and
power line facilities and structures shall be completed and submitted to
the Planning Department prior to the issuance of the Special Use
Permit. If the line is installed after January 1, 2011, this plan shall be
updated and submitted to the Planning Department 30 days prior to
construction of the power line.
b. Bear -proof waste receptacles shall be used on-site.
c. Fencing around the substation shall meet 'wildlife friendly' fencing
standards of the Colorado DOW.
d. Drainage from the site, roads or access roads for the power line shall
not cause damage to streams used as Colorado Cutthroat Trout habitat.
15. Conditions set forth by Rio Blanco Planning Department to provide safer
road use in Rio Blanco and Garfield County shall be required of all
personnel working in conjunction with this project:
a. All employees and subcontractors working on this site shall be required
to attend a safety orientation provided by the Applicant and sign a
work condition agreement provided by the Applicant that includes
information on violations that are cause for dismissal from job and/or
site access, which include, but are not limited to:
• No Valid Operator's License CRS 42-2-101;
• Driving Under Restraint CRS 42-2-138 (1) (a);
• Reckless Driving CRS 42-4-1401;
• Speeding 20+ MPH Over the Limit CRS 42-4-1101;
• Illegal or Improper Passing CRS 42-4-1002 — 1005;
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• Driving While Ability Impaired or Driving Under the
Influence CRS 42-4-1301.
b. Individual vehicles may be used only if they contain specialized
equipment, or if workers are required and authorized to drive an
individual vehicle to the site for logistical and/or short term business
purposes.
c. Transportation to the site in multi -passenger vehicles (carpools)
shall be encouraged.
d. The Applicant shall submit a plan to implement items 13. a., b., and c.
prior to the issuance of the Special Use Permit.
16. Requirements set forth in Garfield County Road and Bridge Department
(Exhibit G) shall be required, those being:
All vehicles hauling equipment and material for this project using Cr. 21.5
shall abide by Garfield County's oversize/overweight system. Any vehicle
requiring oversize/overweight permits shall apply for them at Garfield
County Road & Bridge Department. Garfield County Road & Bridge
Department shall have on file a letter or e-mail from Encana OiI & Gas
USA Inc. stating that these vehicles can apply for oversize/overweight
permits under Encana's bond on file with Garfield County.
17. A cost estimate for returning the site to its pre -construction condition shall be
provided the Project Engineer, and a security for that amount shall be required
prior to the issuance of the Special Use Permit.
18. Under this Special Use Permit, two CAT 3616 natural gas -driven compressor
engines, two air coolers, a single glycol contactor, four 1,200 bbl (201,600
gallons total ) storage tanks, one vapor recovery unit, one 3-phase separator,
one slug catcher, one glycol regenerator unit, one blowdown stack, two pig
launchers/receivers, the control building, cistern and Ieach field on the
completed site, constructed during a period to last no longer than seven
months in 2010 shall be permitted, with future construction to be managed as
follows:
a. The Applicant shall provide the Garfield County Planning Department
Project Engineer properly scaled and engineered drawings wet -
stamped by a professional engineer that details to the satisfaction of
the Project Engineer the site, construction details and drainage to
properly assess its build in 2010.
b. Proper grading permits for the 2010 site construction shall be
obtained prior to the issuance of the Special Use Permit.
c. Proper building permits for the structures of the site for 2010 shall be
obtained prior to the issuance of the Special Use Permit.
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d. Prior to the issuance of the Special Use Permit, the Applicant shall
provide the Garfield County Planning Department Project Engineer or
Planner a detailed phase plan identifying the time frame for each
year's four-month construction period, the equipment to be installed,
manpower needs, etc.
e. The Applicant shall provide the Garfield County Planning Department
Project Engineer properly scaled and engineered drawings wet -
stamped by a professional engineer that details to the satisfaction of
the Project Engineer the site, construction details for spill containment
basins of adequate size to accommodate the capacity plus 10% of the
four 1,200 bbl (201,600 gallons total) storage tanks. The containment
basins shall be installed prior to the tanks becoming operational.
f. Prior to the issuance of the Special Use Permit, the Applicant shall
provide the Garfield County Planning Department a plan statement
that explains the management and transport for the materials contained
in the four 1,200 bbl (201,600 gallons total) storage tanks.
All of the natural gas -driven compressor units shall be converted to
electric -driven engines when adequate electrical capacity is available
to the site.
g.
h. After 2010 and prior to construction, the Applicant will provide the
Planning Department Project Engineer a plan statement detailing that
period's construction. Proper grading and building permits shall be
secured prior to initiating construction or site preparation for projects
to be built each year.
19. To the extent that plans change, the Applicant can apply for an amendment to
this SUP to satisfy conditions identified in the Major Impact Review
Amendment process of the Unified Land Use Resolution of 2008, as
amended.
Dated this 15' day ofJu.,,,�_.. A.D. 2009.
ATTEST:
GARFIELD COUNTY
BOARD OF
CO 1 IONERS,
GA ` ' ELD OUNTY,
Cr •RAD
m
lerk of the Board
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Upon motion duly made and seconded the foregoing Resolution was adopted by
the following vote:
John Martin
Mike Samson
Tresi Houpt
STATE OF COLORADO
)ss
County of Garfield
, Aye
, Aye
, Aye
1, , 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. 2009
County CIerk and ex -officio Clerk of the Board of County Commissioners