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HomeMy WebLinkAbout4.0 Resolution 2005-881111111 11111 1111111 11111 11 "1111111111111 1111111111111 686072 11/08/2005 11 25H B1743 P916 M ALSDORF 1 of 5 R 0.00 D 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 19th day of September, 2005, there were present: John Martin Larry McCown Tresi Houpt Don DeFord , Commissioner Chairman , Commissioner , Commissioner , County Attorney Mildred Alsdorf , Clerk of the Board Ed Green , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2005 -88 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR "PROCESSING AND MA 1'ERIAL HANDLING OF NATURAL RESOURCES" FOR THE OXY NATURAL GAS CONDITIONING AND COMPRESSOR STATION AT CONN CREEK WHEREAS, the Board of County Commissioners of Garfield County, Colorado, received a Special Use Permit (SUP) request for "Processing and Material Handling of Natural Resources" submitted by Oxy USA WLP LP to construct a natural gas conditioning and compressor station (hereinafter "Compressor"); and WHEREAS, the Compressor is located on 5 -acre portion of a property containing approximately 13,918 acres located near the end of CR 312 (Conn Creek Road) in SW Vs of the SW '/a of Section 32, Township 6 South, Range 97W approximately 14 miles northwest of DeBeque; and WHERERAS, the subject property is zoned Resource Lands (Gentle Slopes & Lower Valley Floor) where such use is permitted as a Special Use; and WHEREAS, the Compressor is intended to condition and compress natural gas gathered in Oxy's Conn Creek Gas Gathering System to prepare it for delivery to market in the Trans -Colorado pipeline; and 1111111111II 1111111 Ili II C -VIII 111111111111111111111 686072 11/08/2005 11 25R B1743 P917 M RLSDORF 2 of 5 R 0.00 D 0.00 GPRFIELD COUNTY CO WHEREAS, the Board of County Commissioners opened a public hearing on the 19`h day of September, 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 19th day of September, 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 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 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. 4. Prior to the issuance of a Special Use Permit, the Applicant shall submit the following items to the County Vegetation Manager for approval prior to the issuance of a Special Use Permit. 11111 11E1 11111 11 17111311111 11111 11111111 686072 11/08/2005 11 25H 01743 P918 M HLSDORF 3 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO a. The Applicant shall map and inventory the property for the County Listed Noxious Weeds. 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. 5. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. 6. Vibration generated: the facility 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. 7. Emissions of smoke and particulate matter: the facility shall be so operated so as to comply with all Federal, State and County air quality laws, regulations and standards. 8. Emission of heat, glare, radiation and fumes: the facility 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. 9. Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. 10. Any lighting of storage area 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 Applicant shall provide a copy of the appropriate bond supplied to the Colorado Oil and Gas Conservation Commission (COGCC) intended to guarantee reclamation of the facility site once the life of the facility has ended prior to the issuance of a Special Use Permit. 13. That all proper building permits are obtained for the structures associated with the operation of the Compressor prior to the issuance of a Special Use Permit. 1 111111 11111 1111111 11111 II 1►'''"1111111 111 11111 1111 1111 686072 11/08/2005 11-25k ..1743 P919 M ALSDORF 4 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO 14. That the Applicant shall comply with the following requirements of the County Road and Bridge Department: a. All vehicles transporting materials and equipment used in the construction and operation of this facility shall abide by Garfield County Road & Bridge Dept. oversize/overweight regulations. The weight limit for CR 204 and CR 213 are 80,000 lbs. for 5-axel and 45,000 lbs. for 3-axel vehicles. b. Dust control shall be required at all times on CR 213 either by applying Mag. Chloride or continuous watering of the road. Mag Chloride application will be applied by County provider and back charged to Occidental Oil & Gas Corp. 15. The Applicant shall provide a copy of the approved permit from the US Army Corps of Engineers for the Conn Creek crossing of the pipeline from the facility to the Trans -Colorado sales meter station prior to the operation of the facility and approval of a Special Use Permit. 16. No more than 5 vehicles per day shall be allowed to access the facility. 17. The Applicant shall develop and submit an emergency response plan for this facility or modify their existing plan as necessary and submit the plan to the County prior to the issuance of any Special Use Permit. 18. The access road to the facility from CR 213 shall be designed, constructed, and maintained to ensure that emergency response equipment can easily access the facility. Proof that this road has been constructed to address these concerns shall be provided to the County prior to the issuance of any Special Use Permit. 19. The Applicant shall provide revegetation security in the amount of $10, 000.00 in a form acceptable to the County Attorney's Office prior to the issuance of a Special Use Permit. This security shall be held by the County until such time that the revegetion has been re-established and approved by the County Vegetation Manager. 20. The Applicant shall honor, to the extent possible, the recommendation by the Division of Wildlife that prohibits construction activity between December ls`, and April 15`s. In addition, should there arise the need to provide trash receptacles at the property, they shall be of a bear -proof design or such trash shall be carried off site. 21. That the Applicant provides the appropriate documentation to the County Attorney's Office demonstrating that they own 100% of the surface and the minerals as represented in the application. 11111111111111111111111111,_ (11111111111111111111111 686072 11/08/2005 11 25P B1743 P920 M NLSDORF 5 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO Dated this A I'I EST: 7th day of Nov . A.D. 2005. GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLO Cha Upon motion duly made and seconded the foregoing the following vote: John Martin Larry McCown Tresi Houpt Aye , 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. 2005 County Clerk and ex -officio Clerk of the Board of County Commissioners