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Home My WebLink About4.0 Resolution 2009-321111 PiniltlilfaM1M4! ilift il411.[Iiii®1111 Reception#: 766593 04/21/2009 02:00:25 PM Jean Rlberioo 1 of 4 Rea Fee:SD.00 Dno Fee:0.00 GARFIELD COUNTY CO 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 17th day of February, 2009, there were present: John Martin Commissioner Chairman Mike Samson , Commissioner Truesi Houpt , Commissioner Deborah Quinn , Assistant County Attorney Jean Alberico , Clerk of the Board Ed Green (absent) , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2009-3 2 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR THE OXY USA WTP LP CONN CREEK II NATURAL GAS COMPRESSOR STATION LOCATED ON 3.83 ACRES OF A 10,303.37 -ACRE PARCEL OWNED BY OXY USA WTP LP, LOCATED IN THE NW'/ NW' OF SECTION 32, T6S, R97W OF THE 6TH P.M. IN GARFIELD COUNTY, PARCEL NO# 2169-214-00-026 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 2nd 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 17th day of February, 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 VIII FsI'Llin it WAWf( h14WCI4h:IMiRIIkfl. III Receptiontt 766593 04/21/2009 02:00:25 PM Jean Rtberiao 2 of 4 Rea Fee:$0.00 Dec Fee:0.00 GARFIELD COUNTY CO their opinions regarding the special use permit. E. The Board of County Commissioners closed the public hearing on February 17th, 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. B. 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 Conn Creek 1I Natural Gas Compressor Station proposed by OXY USA WTP LP 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 all 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. IIIwirre{WtaR'L B111 Receptian5: 766593 04/21/2009 02:00:25 PM Jean Rlberico 3 of 4 Ree Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 4. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. 5. Vibration generated: the Compressor 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 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 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. No storage of heavy equipment or materials is proposed or permitted. 9. Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. 10. 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. 11. Two (2) new compressor units shall be installed on the site under this Special Use Permit. Proper building and grading permits are to be obtained for the structures associated with the operation of the new compressor units prior to the issuance of a Special Use Permit. 12. A re -vegetation bond of $4000 per acre shall be submitted for the 3.83 -acre site disturbance, as per the Garfield County Vegetation Manager. 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 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). Dated this r20`' day of. , A.D. 2009. Al MST: GARFIELD COUNTY UI iU'+i1 viiroraii41-1411010 illitiiiIIIIJIIIII Reception#: 766593 04(21/2009 02:00:25 PM Jean Plberico 4 of 4 Res Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO itr ciii 4. 1\g St ''.1 10LORP ONERS, OUNTY, fq rk of the Board Y/Loi° `l Upon motion duly made and seconded the fore the following vote: John Martin Mike Samson ye Tresi Houpt , 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 WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 2009 County Clerk and ex -officio Clerk of the Board of County Conunissioners