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08117/2010 12:14~27 PM Jean Alberlco
1 of 4 Rec Fee:$0,00 Doc Fee:0.00 GRRFIELD 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 Courthouse, in Glenwood
Springs on, Monday, the 2nd day of August A.D. 2010, there were present:
John Martin Commissioner Chairman
Mike Samson . Commissioner
Tresi Hou t' , Commissioner
Deborah Quinn , Assistant County Attorney
Jean Alberico Clerk to the Board
Ed Green (absent) , County Manager
when the following proceedings, among others were bad and done, to-wit:
RESOLUTION NO. ,;lcJJ(J-(, '/
A RESOLUTION CONCERNED WITH THE REVISION OF CONDITION 8 OF
RESOLUTION 2008-49 FOR AMERICAN SODA LLC, LOCATED OFF OF COUNTY
ROAD 215, AND APPROXIMATLEY THREE MILES NORTH OF PARACHUTE, AND
WITHIN A PROPERTY OWNED BY AMERICAN SODA LLC, GARFIELD COUNTY
PARCEL NO# 2409-022-00-148
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, received an
application for an amendment to a Special Use Permit, revising Condition 8 of Resolution 2008-
49.
B. The temporary employee office is located off of County Road 215, in the north
parking lot of American Soda LLC, approximately two miles north of Parachute, CO, and within
property owned by American Soda LLC.
C. The approximately 861-acre site is described in the application documents and
located within the parcel
fully described with the Garfield County Clerk and Recorder;
Reception Number No. 545332.
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D. The subject property is contained within the Resource Land/Gentle Slope zoning
district and an amendment to a Special Use Change Permit to revise Condition 8 of Resolution
2008-49 requires approval of a Special Use Penn it Amendment Process by Garfield County.
E. The Board is authorized to approve, deny or approve with conditions an amendment to
a Special Use Permit pursuant to Section 1-301 and 4-105 of the Garfield County Unified Land
Use Resolution of2008, as amended.
F. The Board of Count,r Commissioners opened the public hearing on the 21st day of
June, 2010 and continued to 2" day of August, 2010 at the request of the Applicant. The Board
of County Commissioners opened the public hearing on the 2nd day of August, 2010 upon the
question of whether the Special Use Permit Amendment application, SUAA 6206, for the
amendment of Condition 8 of Resolution 2008-49, should be granted or denied, during which
hearing the public and interested persons were given the opportunity to express their opinions
regarding the application.
G. The Board of County Commissioners closed the public hearing on the 2nd day of
August,20l0 to make a final decision.
H. 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. That the hearing before the Board of County Commissioners was extensive and complete,
that all pertinent facts, matters and issues were submitted or could be submitted and that
all interested parties were beard at that meeting.
3. That for the above stated and other reasons, the Special Use Permit Amendment to revise
Condition 8 of Resolution 2008-49 is in the best interest of the health, safety, morals,
convenience, order, prosperity and welfare of the citizens of Garfield County.
4. 1bat the application, if all conditions are met, will be in conformance with the applicable
Sections of the Garfield County Unified Land Use Resolution of2008, as amended.
RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part ofthe resolution.
B. The Special Use Penni! Amendment, SUAA 6206, to revise Condition 8 of Resolution
2
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2008-49 is hereby approved and shall read as follows:
]. The temporary employee office may continue to use the vault and haul system for potable
water and wastewater for one year commencing at the date of this Resolution (August 2,
2010) and shall provide Garfield County's Building and Planning Department with quarterly
updates of the potable water and wastewater vault and haul systems. If necessary, at the end
of the stated one year period, the Applicant shall come before the BOCC to request another
extension,
ATTEST: ARFIELD COUNTY BOARD OF
OMMISSIONERS, GARFIELD
OUNTY,C DO
~,(pJ~.
Clerk of the Board
Upon motion duly made and seconded the fore oing Res
following vote:
COMMISSIONER CHAIR JOI-JN F. MARTIN ________ ,AYE
~C~O~MM~I~SS~I~O~N~E~R~M~I~KE~-~S~AM~S~O~NL-____________________ ,AYE
COMMISSIONER TRESI HOUPT ------.~ AYE
STATE OF COLORADO )
)ss
County of Garfield )
1, , County Clerk and ex-officio Clerk of the Board of
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09/17/2010 12:14:27 PM Jean Alberico
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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.
fN WITNESS WHEREOF, 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
Exhibits-Special Use Permit Amendment-Encana Oil and Gas (USA), Inc.-SUAA 6206
BOCC Public Hearing (06/2112010)
Exhibit
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• ••• • • • • ...... ·... •···· •... · ... < .···••·
A Proof of Publication, Posting, and Mailings
B Garfield County Unified Land Use Resolution of2008, as amended
c Garfield County Comprehensive Plan of 2000, as amended
D Application
E Staff Memorandum
F Staff Powerpoint
G Resolution No. 2008-49 approving the Encana Oil and Gas (USA) Inc. Temporary Offices
H Letter from Garfield County Road and Bridge dated Aprill9, 2010
I Letter from Grand Valley Fire Protection District dated May 5, 2010
J Email from Jim Rada, Garfield County Environmental Health, dated April 26, 20 I 0
K Email from Dan Roussin, Colorado Department of Transportation, dated ~ril23, 2010
L Letter from Artesian Water Services, dated May 4, 2010
M Letter from Mountain West Oil and Field, dated May 3, 2010
N Letter from Solvay Chemicals, dated May 20, 20 I 0
0 Garfield County ISDS (vault) Permit, dated June 23, 2008
EXHIBIT
IE.
BOCC-6/21/10 MOL
PROJECT INFORMATION AND STAFF COMMENTS
SUMMARY OF REQUEST:
TYPE OF REVIEW:
PROPERTY OWNER:
APPLICANT:
LOCATION:
ACCESS:
SITE INFORMATION:
EXISTING I ADJACENT ZONING:
SUAA 6206
-To modify Condition 8 of Resolution No.
2008-49 allowing an approved Temporary Employee
Office to use temporary water and waste water
systems for five (5) years on Parcel Number 2409-022-
00-148
Amendment to a Special Use Permit (SUP)
American Soda, LLP
Encana Oil and Gas (USA), Inc.
Approximately 3 miles north of the Town of Parachute
on County Road 215 in the NW% SE% of Section 34,
Township 6 South, Range 96 West, 6th PM, Garfield
County
Access to the property will be from County Road 215
Approximately 861 acre parcel
Resource Lands-Gentle Slopes I Resource Lands
I. REQUEST I DESCRIPTION OF PROPOSAL
Encana Oil and Gas (USA), Inc. (Applicant) requests a modification to Condition No. 8 of
Resolution 2008-49 (see Exhibit G) to allow an approved temporary employee office to continue
the use of temporary potable water and wastewater systems for an additional five (5) years.
Presently, Condition 8 reads as follows:
''The maximum allowable time length of the Special Use Permit for Temporary Employee Office
is one (2) years. Should the use exceed the two year period, the owner shall be required to
install more permanent water/wastewater services such as we/Is and ISDS."
American Soda, LLP (a subsidiary of Solvay Chemicals, Inc.) is the property owner of the
subject parcel and leases the temporary employee office to the Applicant. The site is located
approximately three miles north of the Town of Parachute on County Road 215 (CR 215).
Resolution 2008-49 approved a 42' x 60' temporary employee office which is located in the
north parking lot of the American Soda property. This building contains office space, a kitchen,
bathrooms, conference room, and storage. This office is used by the Applicant for their
employees working in the oil and gas industry in the area.
1
In 2008, the Applicant requested a SUP for a temporary employee office for a period not to
exceed two years. This application also proposed a vault and haul scenario for water and
wastewater. This SUP was approved by the Board of County Commissioners (BOCC) in April
2008.
At the time of the application in 2008, the Applicant was investigating the construction of a new
office complex. However, with the downturn of the economy this option became no longer
viable. The Applicant has indicated that there still is a need for the temporary employee office
and that they wish to continue to occupy the temporary modular for another five years in its
current state.
Encana investigated installing permanent water and wastewater systems such as drilling a well
and connecting into the Town of Parachute's water and sewer lines. The Applicant states that
these options were not viable since American Soda will not allow the drilling of a well and that
there is "no accessibility to tie into city water and sewer." The Town of Parachute's water and
sewer lines terminate at 1058 CR 215, requiring these services to be extended approximately
two miles north to the employee office.
Potable water is hauled to the site by an approved hauler and placed in a potable water storage
tank situated to the north of the office building (see Site Plan). Bottled water is also used. As per
Resolution No. 2008-49, the facility must have a water storage tank with a minimum total
capacity of 4,500 gallons.
Wastewater is stored in a tank and hauled by a state certified hauler from the site every three to
five days unless needed on a more frequent basis. As per Resolution No. 2008-49, the facility
must have a minimum total capacity of 4,500 gallons of sewage and wastewater storage. A
permit was issued by Garfield County for a septic vault and haul disposal system (see Exhibit
0). The existing wastewater/sewage tank is located to the south of the office building (see Site
Plan).
4
I
LOCATION MAP
2
II. SITE DESCRIPTION
The property is located approximately three miles north of the Town of Parachute on CR 215 in
Section 34, Township 6 South, Range 96 West. The existing temporary office is located on the
north end of the existing paved parking lot and is allowed to house up to 19 occupants (see
Exhibit G). The subject parcel is zoned Resource Lands-Gentle Slopes.
Presently, a vault and haul water and wastewater system is use and are located north and south
of the building, respectively. Water and wastewater tanks are screened and not visible from the
parking lot or office building. Access to the office is by the American Soda's main entrance on
CR 215.
~SECTION CORNeR lOCAl'ED
Ill. REVIEW AGENCY AND OTHER COMMENTS
Map Showing
EnCana Oil & Gas (USA) Inc.
Office Building Site Plan
l=aled in the NW1/4 SE114 of Section 34
T6S, ROOW, 6th P.M.
GARFIELD COUNTY, COLORADO
SJf9PI8n &ale: 1""'S0' SHEET
Uo. 07-04.124 · 12/1MI7 1
,_.. 12121/U7 4115110 OF 1
Comments have been received from the following agencies I community groups and are
integrated throughout this memorandum as applicable.
1. Town of Parachute: No comments received.
2. Garfield County Road and Bridge Department: This department doesn't have any
objections to this application or concerns with traffic irnpacts or volurnes (see Exhibit H).
3. Grand Valley Fire Protection District: This agency has no objections (see Exhibit 1).
3
4. Colorado Department of Transportation: This agency has no comments on this
application (see Exhibit K).
5. Garfield County Environmental Health: This department indicated that if managed
properly and in accordance with applicable conditions, regulations etc., these systems
can be used to effectively provide water and wastewater services to temporary
buildings. I don't have enough information to be able to say that these systems have
been managed in accordance with the required conditions of Resolution 2008-49.
Therefore, I cannot make a recommendation for or against this proposal. More
discussion is also needed as to what constitutes a temporary facility (see Exhibit J).
IV. DISCUSSION
The Applicant, Encana Oil and Gas (USA) Inc., is requesting Garfield County to amend
Condition No. 8 of Resolution 2008-49 to allow the approved temporary employee office located
on property owned by American Soda, LLP to continue the use of temporary potable water and
wastewater systems for another five (5) years. Approval of this Land Use Change Permit
requires submittal of a SUP Amendment application and supporting materials. The existing
temporary office was approved by the BOCC April 7, 2008 for a two year time period. Under
the, now expired, Land Use Resolution of 1978, as amended, office uses were not
contemplated for the remote rural land where resource extraction occurs and only temporary
uses were allowed as a Special Use Permit for "Support Facilities of Natural Resources". The
Applicant made the original request prior to the expiration of the Special Use Permit for the
temporary use. However, this specific land use was recently added to the Table of Uses (Table
3-502) for the Resource Lands zoning districts in July of 2009 (Resolution 2009-53) as
"Professional Office for the Conduct of Business or Profession" and requires a Limited Impact
Review for this zone district. The temporary employee office resides on the north side of the
American Soda parking lot and the Applicant is leasing the building from the property owner,
American Soda. Water and wastewater are provided by an independent contractor with a "vault
and haul" service (see Exhibits L and M).
The Applicant's office building has been functioning without complaints and American Soda is
content with Encana to continue to use the existing water and wastewater systems that are
presently in place (see Exhibit N).
The Applicant proposes to continue the "vault and haul" service as it exists as approved under
Resolution No. 2008-49. The question to be resolved in this permit is what is "temporary" what
is "permanent". The Applicant proposes an additional five year period in order to continue oil
and gas work while seeking future office accommodations.
Temporary vs. Permanent The County's policy is that land uses that last one year or less are
commonly considered temporary. Additionally, a temporary use is characterized as a use that is
served by temporary (non-permanent) services such as portable toilets and hauled/ bottled
water service. Permanent uses are intended to last longer than one year and are served by
permanent services such as a water well and an Individual Septic Disposal System (ISDS).
Within the past year, several land use applications (OXY USA WTP LP Professional Office -
LIPA 5951 and Chevron Office Expansion-LIPA 5970) have come before the BOCC regarding
4
"temporary" and "permanent" uses, specifically office buildings for the oil and gas industry. At
both public hearings, it was ruled that the temporary use had to become permanent within a one
year period or be removed.
Temporary uses such as this have conditions of approval that address the temporary provision
of water and wastewater complying with state and local laws and regulations, maintaining
accurate records regarding water supply and wastewater disposal, and testing for e. coli
contamination. An extension of a temporary use would place additional burden on the County
to oversee these conditions for a longer period of time of which manpower to oversee is already
limited. However, the installation of permanent water and wastewater systems only requires an
initial review through the land use code (i.e., well) and a building permit from the County
Building Department for the septic.
Resolution 2008-49 approved a temporary employee office for a two year period and if the use
was to remain for more than this time frame a permanent water and wastewater systems had to
be secured. The Applicant has attempted to provide the office building with permanent systems
but has been unsuccessful. Therefore, Encana proposes to retain the existing office in its
current state using vault and haul water and wastewater systems for another five years while
seeking new office accommodations. As per County policy, allowing the office building to
function for another five years is not considered a "temporary" use. However, Staff would be in
favor to allow the Applicant to remain one more year to continue their operations and secure
other office accommodations. At the end of this given year the Applicant will need to vacate the
existing office building.
VI. STAFF RECOMMENDATION
Staff recommends the BOCC approve the request for a Land Use Change Permit through the
Special Use Permit Amendment process to amend Condition 8 of Resolution No. 2008-49 for
American Soda, LLP with the following revised condition:
1. Amend the Condition No. 8 of Resolution No. 2008-49 to read as follows:
"The Temporary Employee Office shall use the vault and haul system for potable water
and wastewater for one (1) more year commencing at the date of the Resolution."
VII. RECOMMENDED FINDINGS
1. Proper posting and public notice was provided as required for the public hearing before the
Board of County Commissioners.
2. The public 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 hearing.
3. The above stated and other reasons, the proposed Land Use Change Permit has been
determined to be in the best interest of the health, safety, morals, convenience, order,
prosperity and welfare of the citizens of Garfield County.
4. The application has met the requirements of Amendment of a Major Impact or Limited
Impact Permit Approval (Section 4-501) of the Garfield County Unified Land Use Resolution
of 2008, as amended.
5
5. The proposed Land Use Change Permit for a "Professional Office for the Conduct of
Business or Profession" is consistent with the applicable provisions of the Garfield County
Comprehensive Plan of 2000, as amended.
VIII. RECOMMENDED MOTION
"I move to approve a Land Use Change Permit through the Amendment of a Major Impact or
Limited Impact Permit process to amend Condition No. 8 of Resolution No. 2008-49 to allow an
approved Temporary Employee Office to use temporary water and waste water systems for a
one (1) year on Parcel Number 2409-022-00-148 for American Soda, LLP, with the
recommended revised Condition No. 8."
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I
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 Courthouse, in Glenwood Springs on,
Monday, the 7ili day of April A.D. 2008, there were present:
""'Jo~hn~M~art.J.~·n~------------' Commissioner Chairman
=L=arry=....-"'M=c=C=o=-wn'-'-=-----------' Commissioner
_,T..o.:re:::.::' s:..:..i =H=o'-=u'-"'p=t _____________ , Commissioner
""-D=o~n-'=D=e=F-""o~rd:o...._ __________ _, County Attorney
""Je,an~A-"'l""'b""en...,·~co,.,__ ___________ , Clerk of the Board
=<E-"'-d_,Gr=ee,n"-------------' County Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 2008-49
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE
PERMIT APPLICATION FOR A INDUSTRIAL SUPPORT FACILITY FOR A
TEMPORARY OFFICE LOCATED IN THE NW ~OF THESE~ OF SECTION 34,
TOWNSHIP 6 SOUTH, RANGE 96 WEST, COUNTY OF GARFIELD, COLORADO
WHEREAS, the Board of County Commissioners of Garfield County, Colorado ("Board"),
has received an application from American Soda, LLP for a Special Use Permit ("SUP") to allow for
an Industrial Support Facility for a Temporary Office within the Resource Lands (Gentle Slopes &
Lower Valley Floor) zone district located approximately 3 miles northwest of Parachute in CR 215 ..
described as the following:
Installation of a 60' X 42' Temporary Employee Office to be located in the parking
area of the American Soda property which includes three modular units together
having 10 office spaces, 2 accessible bathrooms, conference room, small kitchen and
storage rooms. These units are certified by the State of Colorado Division of Housing
and are rated f!S R2 for non-residential use witlt a certification #00525. Applicant
proposes that this use of this office is temporary only for a period not to exceed two
years. As such, water and waste water are proposed to be if a vault and haul scenario.
WHEREAS, the Board held a public hearing on the 71h day of April, 2008, upon the question
of whether the above described SUP should be granted or denied, at which hearing the public and
interested persons were given the opportunity to express their opinions concerning the approval of
said special use permit; and
1
EXHIBIT
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ReceptionH: 746654
04/16/2009 04:12:11 PM Joan Aiberico
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WHEREAS, the Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determination of fact as listed below:
I. Proper posting and public notice was provided as required for the meeting before the
Board of County Commissioners.
2. The meeting 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. The above stated and other reasons, the proposed special use permit has been detem:J.ined
to be in the best interest of the health, safety, morals, convenience, order, prosperity and
welfare of the citizens of Garfield County.
4. The application has met the requirements of Special Use (Sections 5:03, 5:03:07, 5:03.08
and 9:03) the Garfield County Zoning Resolution of 1978, as amended.
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that Special Use Permit is hereby approved subject to compliance with al!.ofthe
following specific conditions:
I. 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 withal! applicable federal, state, and local
regulations governing the operation of this type of facility.
3. The Applicant shall comply with all standards as set forth in §5 .. 03.0.&. "Industrial Performanc.e
Standards" of the Garfield County Zoning Resolution of 197 8 as amended and included here as
follows:
a) Volume of sound generated shall comply with the standards set forth in the Colorado
Revised Statutes.
b) 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. he operated so as to comply
with all Federal, State and County air quality laws, regulations and standards.
2
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d) Every use shall be so operated that it docs not emit heat, glare, radiation or fumes which
substaotially 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.
e) Storage of flammable or explosive solids or gases shall not be permitted at this facility.
f) No materials or wastes shall be deposited upon a property in such form or manner that
they may be transferred off the property by any reasonably foreseeable natural causes or
forces.
g) Repair and/or maintenance activities shall not be conducted at the permitted facility.
h) Heavy equipment storage shall not be conducted at the permitted facility.
i) Loading and unloading of vehicles shall be conducted on private property and may not be
conducted on any public right-of-way.
j) Any exterior lighting shall be controlled by a motion sensor, pointed downward and
inward to the property center and shaded to prevent direct reflection on adjacent property.
4. All Special Use Permits for Temporary Employee Offices are subject to all applicable building
code, state and federal permit requirements, fire protection district requirements and. fire code
requirements.
5. Water and wastewater systems proposed to service the Temporary Employee Office must comply
with all applicable state and local laws and regulations.
6. Applicants must keep appropriate records, to be provided to the County upon request to
demonstrate that water supplied to a site is from an approved source and that wastewater is
disposed at an approved facility. The operator must conduct monthly tests (or quarterly if an on-
site disinfection system is installed) and maintain records of stored potable water samples specific
for coli form. Any tests indicating coli form contamination must be disclosed to the Garfield
County Board of Health or designee.
7. In no case shall unsafe water be used for drinking nor shall raw sewage or contaminated water be
discharged on the ground surface.
8. The maximum allowable time length of the Special Use Permit for Temporary Employee Office is
one (2) years. Should the use exceed the two year period, the owner shall "required to install
more permanent water I wastewater services such as well and ISDS.
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9. The maximum number of occupants permitted under this Special Use Permit for Temporary
Employee Office is 19.
10. The facility shall have a minimum total capacity of 4,500 gallons of potable water storage.
11. The facility shall have a minimum total capacity of 4,500 gallons of sewage and wastewater
storage capacity.
,wli: a . Dated this ~day of ~~ , A.D. 20ill3_.
ATTEST: GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD COUNTY,
~COLO I
Upon motion duly made and seconded the for
following vote:
~co~M~MgiS~S~IO~NQE~R~C~WU~R~J~O~HN~F~,·~M~AR~T~m~~----~~----•Aye
""C"'OMMI~~S,S""'IO""'N"'E""R"-"'LA'-'RR~Y~L,_,. M~CC"'O"'WN-'-'-'-''--~------~~~--• Aye
COMMISSIONER 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.
m WITNESS WHEREOF, I have hereunto set my haod and affixed the seal of said County,
at Glenwood Springs, this __ day of ______ , A.D. 20 __ .
County Clerk aod ex-officio Clerk of the Board of County Commissioners
4
EXHIBIT
GARFIELD COUNTY
Building & Planning Department
Review Agency Form
N arne of application: American Soda LLP
Sent to: Garfield County Road & Bridge
Date Sent: April19, 2010
Comments Due: May 3, 2010
Garfield County requests your comment in review of this project. Please notify the
Planning Department in the event you are unable to respond by the deadline. This form
may be used for your response, or you may attach your own additional sheets as
necessary. Written comments may be mailed, e-mailed, or faxed to:
Garfield County Building & Planning
Staff Contact: Molly Orkild-Larson
109 81h Street, Suite 301
Glenwood Springs, CO 81601
Fax: 970-384-3470
Phone: 970-945-8212
General Comments: Garfield County Road and Bridge Department has no objection to
this application with the following comments.
As this temporary office has been in use and has created no problems or concerns for our
department and the hauling of water to supply the facility will not have an impact on the
total traffic volume on Cr. 215 we see no reason to grant this request.
As stated in their application due to the economy we understand their decision to not
build a permanent office building at this time.
Name of review agency: Garfield County Road and Bridge Dept
By: Jake B. Mall Date April27, 2010
H
Revised 3/30/00
GRAND VALLEY FIRE PROTECTION DISTRICT
0124 STONE QUARRY RD, PO BOX 295
PARACHUTE, CO 81635 EXHIBIT
PHONE: 285-9119, FAX (970) 285-9748
May 5, 2010
Molly Orkid-Larsom
Garfield County Planning and Building Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Subject: American Soda, LLP
Ms. Larson
:r
I have reviewed the SUP amendment for the American Soda, LLP that reference Encana
to continue to be in the temporary unit for the next 2 years. The fire dish·ict doesn't have any
concerns with this unit since it is currently in use. I did not see any concerns with this building at
this time.
Even with the Fire Districts review of the plans it is the responsibility of the owner to
make sure the building complies with the International Fire Code 2003 Edition. If you should
have any further questions please feel free to contact me.
Rob Ferguson
Deputy Fire Chief-Operations
Cc: ChiefBlair
File
Mission Stalement
We. t·he members of the Grand Valley Fire l>rotection District_ dedicate our efforts to the protection ofthe lives,
prop<.:rly and environment of lht. citi7_cns of and visitors to the Grand Valle) Fire Prokction District
EXHIBIT
~~
From: Jim Rada
Sent: Monday, April 26, 2010 2:14PM
Molly Orkild-larson To:
Subject: SUAA-6206 American Soda LLP SUP Amendment
Jim Rada Urada@garfield-county.com).vcf Attachments:
Molly,
1. The original BOCC Resolution 2008-49 indicates that American Soda, LLP would be
installing a "vault and haul" ISOS. Condition 8 of the resolution requires the applicant
to install more permanent water/wastewater services should the use exceed two years.
It is apparent that the BOCC did not consider the vault and haul as a "more permanent"
wastewater service. Allowing continued use of the vault and hauiiSOS does not appear
to meet the intent of condition 8.
2. The applicants letter indicates that an ISOS is present and in use. Is there a county ISOS
permit for this system or are they referring the the original vault and haul system?
There should have been a permit issued for the vault. Because vaults are covered under
the County's ISOS regulations, it could be argued that it is an ISOS. However, based on
#1 above I don't think that is what the BOCC had in mind.
3. Are there any records that the applicant has met conditions 5 and 6? Perhaps proof
that they have met these requirements might provide some level of support for an
extension of this permit.
4. The summary of request mentions installation of a 10,000 gallon water system.
EnCana's letter makes no mention of a modification to the existing system, only an
extension of use ofthe existing water and wastewater systems.
5. Has the maximum number of users changed? Once the number of users reaches 25
then the potable water system falls under the jurisdiction of COPHE, WQCO.
Your pre-application summary indicates an extension to 2020 and EnCana's letter indicates 2 or
5 years. It appears that the applicant is moving toward a more permanent arrangement for this
facility. I believe that the BOCC has already set some precedent with other similar projects
requiring them to install permanent ISOS and water systems on what was desired to be
temporary facilities.
If managed properly and in accordance with applicable conditions, regulations etc., these
systems can be used to effectively provide water and wastewater services to temporary
buildings. I don't have enough information to be able to say that these systems have been
managed in accordance with the required conditions of Resolution 2008-49. Therefore, I
cannot make a recommendation for or against this proposal. More discussion is also needed
as to what constitutes a temporary facility.
Thanks for the opportunity to review this application.
_M_o_ll._yo.r_k_ild_-_L.ar.s.o_n ________________________________________ ~~
_rom:
Sent:
Roussin, Daniel [Daniei.Roussin@DOT.STATECO.US]
Friday, April23, 2010 10:30 AM
To: Molly Orkild-Larson
Subject: American Soda LLP Amend SUP
Molly-COOT has no comment on this application.
Thanks
Dan Roussin
Region 3 Permit Unit Manager
222 South 6th Street, Room 100
Grand Junction, CO 81501
970-683-6284 Office
970-683-6291 Fax
1
EXHIBIT
~
EXHIBIT
I '-
ENCANA ...
EnCana Oil & Gas (USA) Inc.
May 4, 2010
Fred Jarmao
EnCana Oil B. Gas (USA) Inc.
2717 County Road 215
Suite 100
Parachute, CO 81635
Director 1 Garfield County Building and Planning Department
108 81h
Street, Suite 401
Glenwood Springs, CO 81601
RE: Updated Hauler Affidavit for Temporary Employee Office
Oear Mr. Jarman:
tel: (970) 28S-2825
fax: (970) 285-2691
renata.b\lsch@encana.com
W'JNI. encana. com
Please accept this letter as certification that Artesian Water Service provides potable water hauling
services for EnCana.
I certify that Artesian Water Services provides pot able water· hauling--
services to EnCana for their temporary office facilities located in at 2717
County
F~oad 215, Parachute, CO, 81635. The water sGJurce is a
groundwater well in Mesa County and Colorado Registration number is
co# 139156.
~tv~t_ ft1 /(~~--OS ID q I to
(Signature)
N '~ \~o \ ... s 1\'\' h ~~ ,,_
(Print Name)
Please contact rne if you need additional information
Sir~ge~ .----, /
. (' -, ____ / '1:!/tl t~f'v-·i_
Renata usch
Permit Coordinator
(Date)
(Title)
EXHIBIT
IM
ENCANA,.
~
.EnCana Oil & Gas (USA) Inc.
May 3, 2010
EnCana Oil & Gas (USA) Inc.
27'17 County Road :!15
Suite 100
Pa;achute, CO 81635
Fred Jarman .
Director I Gartield County Building and Planning Department
108 81n Street, Suite 401
Glenwood Springs, CO 81601
RE: Updated Hauler Affidavit for Temporary Employee Office
Dear Mr. Jarman:.
tel: (970) 285-2825
fax: (970) 285-2691
r.:nata buscll:'1ilencana cotp.
www.encana.com
Please accept this letter as certification that Mountain West Oil Field provides sew-age-collectiol'l-a.nd ..
hauling services for EnCana.
1 certify that Mountain West Oil Field provides sewage collection and
hauling services to EnCana for their temporary office facilities-focated in
a/2717 County Road 215, Parachute, CO, 81635. Services are provided ·
every 3-5 days unless needed on a more frequent basis. Collected
sewage is disposed at the South Canyon or City of Rifle Disposal
facilities.
~ (Sig ture) .
0tt~v "DL7LV L0
(Print N e)
Please contact me if you ne-ed additional information.
Sincerely,
~u £.l.( .. ·~~~~r·s-r (. & -_c..:.---{... -'· --
Renata Busch
Permit Coordinator
(Title)
r7f)l SOLVAY
~CHEMICALS
May 20,2010
EnCana Oil & Gas (USA) Inc.
370 1 i 11 Street, Suite 1700
Denver, CO 80202
Re: EnCana Oil & Gas (USA) Inc. (EnCana) Temporary Office Building
American Soda, L.L.P.-Surface Owner
Garfield County, Colorado
To Whom It May Concem:
American Soda, L.L.P., owner of the surface of a portion of Section 34, Township 6
South, Range 96 West and portions of Sections 2 and 3 of Township 7 South, Range 96
West, agrees to allow EnCana to continue operating a temporary office building on its
surface under the following terms and conditions:
1. The temporary office building will continue to be maintained by EnCana.
2. EnCana will continue to operate the temporary employee office building
in accordance with all applicable State and County laws and regulations.
American Soda, L.L.P. grants EnCana pem1ission to act on its behalf in requesting an
Amendment to a Special Use Pennit regarding the proposal to modify Condition 8 of
Resolution No. 2008-49; thus requesting approval to allow the approved Temporary
Employee Office to use the temporary water and wastewater systems for an additional
five years for said temporary employee office from the Board of County Commissioners,
Garfield County, Colorado.
Please advise if you require additional infonnation in this regard.
Sincerely,
/~8.uJL
Todd Wilson
Plant Manager -Parachute
Solvay Chemicals, Inc.
2717 County Road 215, Parachute, Colorado 81635
970-285-6500 Fax: 970-285-6393
l www.solvaychemlcals.us
EXHIBIT
~
Responsible Care'
Cood Ch~mfstry CJt WOtk
EXHIBIT
0
GARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT Permit.. 4 4 6 5
108 Eighth Street, Suite 201 Assessor's Parcel No.
Glenwood Springs, Coloradof 81601
Phone (970) 945-8212
INDIVIDUAL SEWAGE DISPOSAL PERMIT
PROPERTY
Owner's Name f\ro.e f\(Qf\ ~ LlP Present Address a 1 n-c f ~ \5
System Location~)\} cr }),)5, POKlQ'ft\ffi
This does not constitute
a building or use permit.
Leg~ DescriptionofAssessor~Parc~ No.~~~~~(~~~~~~~-~~-~~\~~~K~~~~~~~~~~~~~~~~~~~~~~
SYSTEM DESIGN
______ Septic Tank Capacity (gallon) ______ Other
------Percolation Rate (minutes/inch) Number of Bedrooms (or other) ----~
Required Absorption Area-See Attached
Special Setback Requirements:
Date _____________ inspector---------------------------
FINAL SYSTEM INSPECTION AND APPROVAL (as installed)
Call for Inspection (24 hours notice) Before Covering Installation
System Installer ___ ~------------------------------------
Septic Tank CapacitY--------------------------------------
Septic Tank Manufacturer or Trade Name ---------------------------~---
Septic Tank Access within 8'' of surface -------------------------------
Absorption Area----------------------------------------
Absorption Area Type and/or Manufacturer or Trade Name -------------------------
Adequate compliance with County and State regulations/requirements. ____________________ _
Other __________________________________________ ___
Date _____________ Inspector---------------------------
RETAIN WITH RECEIPT RECORDS AT CONSTRUCTION SITE
*CONDITIONS:
1. All installation must comply with all requirements of the Colorado State Board of Health Individual Sewage Disposal Systems Chapter
25, Article 10 C.R.S. 1973, Revised 1984.
2. This permit is valid only for connection to structures which have fully complied with County zoning and building requirements. Con-
nection to or use with any dwelling or structures not approved by the Building and Zoning office shall automatically be a violation or a
requirement of the permit and cause for both legal action and revocation of the permit. ·
3. Any person who constructs, alters, or installs an Individual seWage disposal system In a manner which involves a knowing arid m·aterial
variation from the terms or specifications contained In the application of permit commits a Class I, Petty Offense ($500.00 fine-6
months tn jail or both).
White-APPLICANT Yellow· DEPARTMENT
2
3
4
5
6
7
8
9
II
GARFIELD COUNTY SEPTIC PERMIT APPLICATION
108 8" Street, Suite 401, Glenwood Springs, Co 81601
Phone: 970-945-8212 I Fax: 970-384-3470 I Inspection Line: 970-384-5003
WWW.Qarfield~countv.com
Parcel No: (this Information Is available at ~e assessorn office970-94~9134) 'VI-'/ O'l -() ~~ -DO • / q f)
Job Address: (lf an address has not been assigned, please provide Cr, Hwy or Street Name & City) or and legal descripUon
'""J/17 LDvKi<( fDt>,) a\$ r"'"'kv-1<, Lc) '!51635"
Lot Size: Lot No: Block No: Subd./ Exemption:
Owner: (property owner)
4""e~·a,v ~ ?/.c..
Contractor:
Engineer. t1'1Pv~J.,rw %C.-J<'5
PERMIT REQUEST FOR:
WASTE TYPE: (:><)Dwelling
( )Other-Describe
Mailing Address 1 I) ;; 1-,-
;}(I? L<''-'"''"
Ph: q 7c?
:> 1':5---)? 3 '&'
Mailing Address Ph:
Mailing Address Ph:
.QQ New lnstalla!ion ( ) Alteration
( )Transient Use ( )Commercial or Industrial
BUILDING OR SERVICE TYPE: ~.C' rA.
Alt Ph:
All Ph:
All Ph:
( ) Repair
( )Non-Domeslb wastes
Number of bedrooms Garbage Grinder ( )Yes (\(iNo
( )STREAM OR CREEK -7-( "')C"'IS""TE""R"'N---, -It/,
5 e:rt-JCt'.s -(_ J ~' .f.f-tJN V/P.J<r--fP1"' $~ Ot ?"
SOURCE & TYPE OF WATER SUPPLY: (
If supplied by COMMUNITY WATER, give name of supplier.
DISTANCE TO NEAREST COMMUNITY SEWER SYSTEM:. __ __,I..;Sc._:'rt:.;tc<· !!..'~"5"----:--c,.-----------------
Was an effort made to connect to the Community System? _/lA)
YOUR INDIVIDUAL SEWAGE DISPOSAL SYSTEM PERMIT WILL NOT BE ISSUED WITH OUT A SITE PLAN
12 GROUND CONDITIONS:
13
14
15
Depth to 1• Ground Water Table
TYPE OF INDIVIDUAL SEWAGE DISPOSAL SYSTEM (ISDS) PROPOSED:
( )Septic Tank ( )Aeration Plant b')¥aull
( )Recycling, Potable Use ( )Recycling, other use ( )Pit Privy
i iother-Describe
FINAL DISPOSAL BY:
( )Absorption trench, Bed or Pit ( )Underground Dispersal
()'()Wastewater pond ( )Other-Describe
Percent Ground Slope
( )Vault Privy
( )Incineration Toilet
( )Above Ground Dispersal
( )Composting Toilet
( )Chemical Toilet
( )Evapotranspiration
Will effluent be discharged directly Into waters of the state? ( )YES
9')l'JO
16 PERCOLATION TEST RESULT: (to be completed by Registered Professional Engineer, if the Engineer does the Percolation Test)
Minutes per inch in hole No.1 Minutes per inch in hole No.3
Minutes per Inch in hole No.2 Minutes per inch in hole No._
( )Sand filter
Name, address & telephone of RPE who made soil absorption test·-,------------------------
Name, address & telephone of RPE responsible for design of the system:
17 Applicant acknowledges thallhe completeness of the applicalion is conditional upon such further mandatory and additional test and reports as may be required by
the local health department to be made and furnished by the applicant or by the local health department for purposed of the evaluation of the applicalion; and the
Issuance of the permit is subject to such terms and conditions as deemed necessary to insure compliance with rules and regulations made, information and
reports submitted herewith and required to be submitted by the appUcant are or wiH be represented to be true and correct to the best of my knowledge and belief
and are designed to be relied on by the local department of health in evaluating the same for purposes of issuing the permit applied for herein, 1 further
·understand that any falsification or misrepresentation may result in the denial of the application or revocation of any permit granted based upon said application
and legal e~or ~s provided by law. 6 j))k
OWNERS SIGNATURE DATE
STAFF USE ONLY
'
Permit Fee: tfut 3
Perk Fee: Total fees: Building Permit#:
13 \\)'\~~
Septic Fe~: pL\\.;tb'5 Issue Date~-~~{)C\
Buildin lt~J: De tj/;_
t ·2'5-<Jff ···~
APPR<J ~ -DATE
2
3
4·
5
6
7
8
9
10
11
GARFIELD COUNTY SEPTIC PERMIT APPLICATION
108 8" Street, Suite 401, Glenwood Springs, Co 81601
Phone: 970-945-8212/ Fax: 970-384-3470 I Inspection Line: 970-384-5003
W'WW.~Zarfield·countv.com
Parcel No: (this tnfonnation is available at ~. assessom office 970·945·9134) ;:c '1 O'/ ...() ~~ _DO • 1 'f'g'
Job Address: (if an address has not been assigned, please provide Cr, Hwy or Street Name & City) or and legal description
''J /17 L.:>v~1y lD&) ~ 15' P<tr<>ckvl< l t,;) "6163.>
Lot Size: Lot No: Block No: Subd./ Exemption:
Owner: {property owner)
,4 ... ,~·,.. • .., .:¥k ttc..
Contractor:
PERMIT REQUEST FOR:
WASTE TYPE: (>')Dwelling
( )Other-Describe
Mailing Address I. ,{j J 1 _,-
;}(I 7 to<-"' 'I
Ph: q 7c?
~1:;--)'73 <jf
Mailing Address Ph:
Mailing Address Ph:
P<1. New Installation ( ) Alteration
( )Transient Use ( )Commercial or industrial
BUILDING OR SERVICE TYPE: nt:.(. • rA
AltPh:
All Ph:
All Ph:
( ) Repair
( )Non-Domestic wastes
Number of bedrooms 1\/A.. Garbage Grinder ( )Yes ()4No
SOURCE & TYPE OF WATER SUPPLY: ( )WELL A ( )SPRING
If supplied by COMMUNITY WATER, give name of supplier. I+ I' -kd.,.v tvq /,-r
( )STREAM OR CREEK ( )CISTERN , ,t __
5 e;'J-.~(es -c.. I: .f.ft;N ~to--pUs~ Ot 'V r
DISTANCE TO NEAREST COMMUNITY SEWERSYSTEM: __ ___,/....._.5-''r'-''"-. ,_~,;,_· ---,----------------
Was an effort made to connect to the Community System? A A)
YOUR INDIVIDUAL SEWAGE DISPOSAL SYSTEM PERMIT WILL NOT BE ISSUED WITH OUT A SITE PLAN
12 GROUND CONDITIONS:
13
14
15
Depth to t• Ground Water Table
TYPE OF INDIVIDUAL SEWAGE DISPOSAL SYSTEM (ISDS) PROPOSED:
( )Septic Tank ( )Aeration Plant Mlfault
( )Recycling, Potable Use ( )Recycling, other use ( )Pit Privy
i \Other-Describe
FINAL DISPOSAL BY:
( )Absorption trench, Bed or Pit ( )Underground Dispersal
()'()Wastewater pond ( )Other-Describe
Percent Ground Slope
( )Vault Privy
( )Incineration Toilet
( )Above Ground Dispersal
( )Compostlng Toilet
( )Chemical Toilet
( )Evapotranspiration
Will effluent be discharged directly Into waters of the state? ( )YES
~0
16 PERGOLA TION TEST RESULT: {to be completed by Reg !stared Professional Engineer, if the Engineer does the Percolation Test)
Minutes per inch In hole No.1 Minutes per inch in hole No.3
Minutes per Inch in hole No.2 Minutes per inch in hole No._
( )Sand filter
Name, address & telephone of RPE who made soil absorption test-,------------------------
Name, address & telephone of RPE responsible for design of the system:
17 Applicant acknowledges that the completeness of the applicalion is condilional upon such further mandatory and additional test and reports as may be required by
the local health department to be made and furnished by the applicant or by the local health department for purposed of the evaluation of the application; and the
issuance of the permit is subject to such terms and conditions as deemed necessary to Insure compliance with rules and regulations made, information and
reports submitted herewith and required to be submitted by the applicant are or will be represented to be true and cortect to the best of my knowledge and belief
and are designed to be relied on by the local department of health in evaluating the same for purposes of issuing the permit applied for herein. I further
·understand that any falsification or misrepresentation may result In the denial of the application or revocation of any permit granted based upon said application
and legal e~r~s provided by law. 6/>Jk
OWNERS SIGNATURE DATE
STAFF USE ONLY -
Permit Fee: tfDt'3 Perk Fee: Total fees:
Building Permit#: .,.._ +3 '\J'\{\~
Septic Pe~: pM,\.Jtb'5 Issue DateGr ~ ~{)'\
Buildin
tv_ De~t:J/2_
~ ~2"5-<Jtf -~
APPRd ~ ~ ... DATE
GARFIELD COUNTY BUILDING AND SANITATION DEPARTMENT
108 Eighth Street, Suite 201
Glenwood Springs, Coloradof 81601
INDIVIDUAL SEWAGE DISPOSAL PERMIT
PROPERTY
Phone (970) 945-8212
Permit 4465
Assessor's Parcel No.
This does not constitute
a building or use permit.
Owner's Name f\}ffi£1\(0'f\ ?fib LlP Present Address ~rm-c f ~ \'5 p l en® Phone~~~ i-3'6
System Location ~1 \} cr }).,S, Pmoc'i\®
Legal Description of Assessor's Parcel No . .tdt>L\=("''j:l..('ia:UJ~'EUL-0)-.b!· ~.J\I::l\:I.Ku_ ____________________ _
SYSTEM DESIGN
_____ Septic Tank Capacity (gallon) ______ <Other
_____ Percolation Rate (minutes/inch) Number of Bedrooms (or other) ____ _
Required Absorption Area~ See Attached
Special Setback Requirements:
Date _________________________ lnspecror ____________________________________________________ __
FINAL SYSTEM INSPECTION AND APPROVAL (as installed)
Call for Inspection (24 hours notice) Before Covering Installation
System Installer ______ ~---------------------------------------------------------------------
Septic Tank Capacity·-----------'----------------------------------------------------------------
Septic Tank Manufacturer or Trade Name ----------------------------------------------------~-------
Septic Tank Access within 8'' of surface -------------------------------------------------------------
Absorption Area ------------------------------------------------------------------------------
Absorption Area Type and/or Manufacturer or Trade Name -------------------------------------------------
Adequate compliance with County and State regulationstrequirements. ________________________________________ __
Other-------------------------------------------------------------------------------
Date _________________________ Inspector ____________________________________________________ _
RETAIN WITH RECEIPT RECORDS AT CONSTRUCTION SITE
•CONDITIONS:
1. All Installation must comply with all requirements of the Colorado State Board of Health Individual Sewage Disposal Systems Chapter
25, Article 10 C.RS. 1973, Revised 1984.
2. This permit is valid only for connection to structures which have fully complied wlth County zoning and building requirements. ConR
nection to or use with any dwelling or structures not approved by the Building and Zoning office shall automatically be a violation or a
requirement of the permit and cause for both legal action and revocation of the permit.
3. Any person who constructs, alters, or installs an Individual seWage disposal system In a manner which involves a knowing arid material
variation from the terms or specifications contained In the application of permit commits a Class I, Petty Offense ($500.00 fine-S
months ~n jail or both).
Whit~-APPLICANT Yellow· DEPARTMENT
April12, 2010
Renata Busch
Encana Oil and Gas (USA), Inc.
2717 County Road 215
Parachute, CO 81635
Garfield County
BUILDING & PLANNING DEPARTMENT
RE: Special Use Permit Amendment Application to change a Condition of Approval of
Resolution No. 2008-049 regarding a Temporary Employee Office on a property
owned by American Soda, LLP for Encana Oil and Gas (USA), Inc.
Dear Renata,
This office is in receipt of the Special Use Permit Amendment Application to change
Condition 8 of Resolution No. 2008-49 regarding permanent water supply for a
Temporary Employee Office on a property owned by American Soda, LLP for Encana
Oil and Gas (USA), Inc.
The purpose of this letter is to inform you that the application has been deemed
technically complete. Please understand that a determination of technical
completeness by this office shall not be deemed a recommendation of approval, finding
of adequacy of the application, or a finding of general compliance with any goal or
objective of the Garfield County Land Use Resolution of 2008 or the Comprehensive
Plan of 2000.
The application will be reviewed by Staff, a staff report will be generated and sent to
you, and the Board of County Commissioners will discuss and review the application at
a public hearing which has been scheduled for Monday, June 7th, 2010, on the Board
of County Commissioner's public hearing agenda which begins at 1:15PM. The public
hearing will be held in the County Commissioners Meeting Room, Garfield County Plaza
Building, 108 8th Street, Glenwood Springs, Colorado, 81601.
As a matter of process, the BOCC shall hold an advertised public hearing on the
proposed action at a regularly scheduled meeting. The Applicant shall be solely
responsible for the publication, property posting, and mailing of all notices. The
Applicant shall present proof of publication and mailing at or before the meeting. The
item cannot be heard if correct noticing requirements have not been met. Notice for the
meeting shall be given as follows:
1. Notice by publication, including the name of· the applicant, description of the
subject lot, a description of the proposal and nature of the meeting, and the date,
time and place for the hearing shall be given once in a newspaper of general
108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601
(970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470
2. circulation (the Rifle Citizen Telegram is the official newspaper) in that portion of
the County in which the subject property is located at least thirty (30) but not
more than sixty (60) days prior to the date such hearing, and proof of publication
shall be presented at hearing by the applicant.
3. Notice by mail, containing information as described under paragraph (1) above,
shall be mailed to all owners of record as shown in the County Assessor's Office
of lots within two hundred feet (200') of the subject lot, all owners of mineral
interest in the subject property, and all tenants of any structure proposed for
conversion to condominiums, at least thirty (30) but not more than sixty (60)
days prior to such hearing time by certified return receipt mail, and receipts shall
be presented at the hearing by the applicant.
4. The site shall be posted such that the notice is clearly and conspicuously visible
from a public right-of-way, with notice signs provided by the Planning
Department. The posting must take place at least thirty (30) but not more than
sixty (60) days prior to the hearing date and is the sole responsibility of the
applicant to post the notice, and ensure that it remains posted until and during
the date of the hearing.
I have enclosed a suggested public notice which I will also email to you in MS Word
format so you can add necessary information such as the legal description of the
subject site. A poster will be necessary to meet the requirement for posting of the
property and is included in this hardcopy mailing to you.
These posting and public notice documents for the BOCC public hearing are provided
as a courtesy. The Applicant must verify that all information provided in these
documents is correct. As always, it is the obligation of the Applicant to correct any
deficiencies such that proper notice in form and substance can be established.
NOTE: Please submit 10 copies of the completed application and 1 complete
application on compact disk to this office no later than Monday, April 19, 2010. The
digital version should include a pdf of the entire application and a Microsoft Word
version of the narrative and supporting analysis. If the copies have not been submitted
by this date, your public hearing may be jeopardized. Do not hesitate to contact this
office should you have further questions.
Sincerely,
Molly Ork1l -Larson, AICP, RLA
Senior Planner
970-625-5903
Enclosure
Public Notice
2
PUBLIC NOTICE
TAKE NOTICE that the American Soda, LLP. has applied to the Board of County
Commissioners, Garfield County, State of Colorado, to request approval of a Special
Use Permit (SUP) Amendment, SUP Amendment (File Number SUAA 6206), to modify
Condition 8 of Resolution No. 2008-49 allowing an approved Temporary Employee
Office to use a temporary potable water system. This site is located within the County
of Garfield, State of Colorado, to-wit:
Legal Description: (Applicant must insert legal description of the property)
Practical Description: The subject property is generally located 3 miles northwest of
Parachute with access to CR 215, in the NW ~ SE ~of Section 34, Township 6 South,
Range 96 West, 61h
PM, Garfield County.
Request: To approve a SUP Amendment application to modify Condition 8 of
Resolution No. 2008-49 allowing an existing Temporary Employee Office to use a
temporary potable water system. The site is located within the Resource Lands -
Gentle Slopes and Lower Valley Floor Zoning District.
All persons affected by the proposed use are invited to appear and state their views,
protests or support. If you can not appear personally at such hearing, then you are
urged to state your views by letter, as the Board of County Commissioners will give
consideration to the comments of surrounding property owners, and others affected, in
deciding whether to grant or deny the request for a Land Use Change Permit. The
application may be reviewed at the office of the Planning Department located at 108 8th
Street, Suite 401, Garfield County Plaza Building, Glenwood Springs, Colorado, 81601,
between the hours of 8:30a.m. and 5:00p.m., Monday through Friday.
A public hearing on the application has been scheduled for the 7th day of June,
2010 at 1:15 PM and will be held in the County Commissioners Meeting Room,
Garfield County Plaza Building, 108 8th Street, Glenwood Springs, Colorado,
81601.
Planning Department
Garfield County
January 18, 2010
Renata Busch
Encana Oil and Gas (USA), Inc.
2717 County Road 215
Parachute, CO 81635
Garfield County
BUILDING & PLANNING DEPARTMENT
RE: Special Use Permit Amendment Application to extend the length of time for a
Temporary Employee Office to remain on a property owned by American Soda, LLP
for Encana Oil and Gas (USA), Inc. as approved under Resolution 2008-49.
Dear Renata,
This office is in receipt of the Special Use Permit Amendment Application to change a
condition to extend the allowable time length of the Temporary Employee Office originally
approved under Resolution 2008-49 on a property owned by American Soda, LLP for
Encana Oil and Gas (USA), Inc.
We have conducted a review of the application and determined it to be technically
incomplete. Please provide the following information so that we may continue to process
the application:
1. Submit a written narrative of proposed amendment(s) which includes how the requested
amendment does not result in a substantial change defined as follows:
Substantial Change. A change to and existing approved land use resulting in one or more of
the following:
1. A change in land use category.
2. A change in site design which increases:
a. The number of dwelling units.
b. The maximum square footage of structures less than 10,000 sq. ft. over 100% and
structures over 10,000 sq. ft. by 10% if a maximum has been specified in a permit or
approval.
c. Projected traffic such that a highway access permit or an amendment to a highway
access permit is required as a result of the change.
d. The size of the land which is the subject of the permit or approval.
3. A change in land use which creates or increase the incompatibility of the use.
Once you have adequately addressed this issue, the Director shall make a determination as to
whether the proposed change constitutes a substantial modification to the condition of approval
contained in the Resolution of Approval and a staff report will then be prepared. If the Director
determines that the change does not constitute a substantial change to the approved Major Impact
1
108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601
(970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470
Review permit, the Director shall set a public hearing before the Board of County Commissioners
for an amendment to a condition of approval in a resolution of approval.
Do not hesitate to contact me if you have any questions.
Sincerely,
Molly Orkild-La son, AICP, RLA
Senior Planner
970.625.5903
2
November 25, 2009
Attention: Renata Busch, Permit Coordinator
EnCana Oil and Gas USA, Inc.
2717 County Road 215
Parachute, CO 81635
Garfield County
BUILDING & PLANNING DEPARTMENT
RE: Amendment to a Major Impact Permit Application, SUAA-11-09-6206
Dear Renata:
This letter is in response to an Amendment to a Major Impact application submitted to
the Garfield County Building and Planning Department on November 16, 2009 to extend
the timeframe of a temporary employee office to 2020. This application has been
placed on hold due to insufficient information to review and to discuss condition number
8 of Resolution 2008-49 requiring permanent water and wastewater services if this use
exceeds a two year period.
Please call me at (970) 945-8212 to set up a meeting or phone call with Fred Jarman
and myself regarding this application.
Sincerely,
Molly Orkild-Larson, AICP, RLA
Senior Planner
Attached: Resolution 2008-49
108 Eighth Street, Suite 401 o Glenwood Springs, CO 81601
(970) 945-8212 • (970) 285-7972 o Fax: (970) 384-3470
encana ..
natural gas
2717 County Road 215, Suite 100 tel: (970) 285-2825
Parachute, CO 81635 fax: (970) 285-2691
renata. busch@encana.com
SUP AMENDMENT
TEMPORARY EMPLOYEE OFFICE
REVISED Statement Letter I Packet
05/26/10
DNINNVld ~ 8NIOlln8
AlNn08 Ol::ll:lcfv'8
OIOZ L ~ A'v'V'l
EnCana Oil & Gas (USA) Inc.
May 26, 2010
EnCana Oil & Gas (USA) Inc.
2717 County Road 215, Suite 100
Parachute, CO 81635
tel: (970) 285-2825
fax: (970) 285-2691
renata.busch@encana.com
Molly Orkild-Larson I Senior Planner
Garfield County Planning Dept -Rifle Airport Office
0375 County Road 352 -Building #2060
Rifle, CO 81650
RE: Special Use Permit (SUP) Amendment I Temporary Employee Office
Proposal to Change Condition of Approval (Resolution No. 2008-49, #8)
"The maximum allowable time length of the Special Use Permit for
Temporary Employee Office is one (2) years. Should the use exceed the
two year period, the owner shall be required to install move permanent
water I wastewater services such as well and ISDS."
Dear Ms. Orkild-Larson:
Noted above is the original condition of approval. EnCana Oil & Gas (USA) Inc. (EnCana) is
requesting to modify Condition 8 of Resolution No. 2008-49 allowing an approved Temporary
Employee Office to use temporary potable water and waste water systems for five (5) years.
To summarize previous history with regards to this matter:
*
*
*
*
**
Temporary Employee Office Trailer resides on surface owned by
American Soda, L.L.P. (American Soda) and is currently located
on American Soda's (Solvay Chemicals (Solvay)) adjacent
parking lot (reference attached Deed Information)
American Soda has granted EnCana permission to continue
maintaining the temporary office, in its current state; at its current
location (reference attached Statement of Authority and
American Soda Authorization Letter re: Solvay)
No accessibility to tie into city water or sewer
American Soda will not allow EnCana to drill a water well on their
surface
American Soda is satisfied with the current temporary water
supply and septic disposal systems in place
** An ISDS (vault and haul) is present and in use. Potable water, for restroom facilities is
hauled in every two weeks by a state certified hauler. There are no visual concerns and truck
EnCana Temporary Employee Office
Page2
traffic is minimal with regard to delivery of potable water and septic disposal. Water for
consumption is provided in the same manner in which it is supplied to the main building; bottled
water is delivered.
In addressing any issue of Substantial Change, none of the Substantial Change Characteristics
described in your letter dated January 18, 2010 (reference attached) would be affected by
extending the length of time for our Temporary Employee Office to remain on the property
owned by American Soda. There would be no need for any substantial modifications, as the
use of the Temporary Office will remain the same.
At the time the original SUP was submitted, EnCana was in the process of determining a
location for a suitable sized office. Due to economic downturn it was not viable to continue the
endeavor of locating new office space. With industry activity increasing, we are looking to retain
occupancy in the temporary office trailer for another five years to adequately accommodate the
current work staff, while resuming our efforts to find a larger, permanent office complex.
EnCana looks forward to a favorable decision by the Board, in anticipation of consent to the
above changes to the condition of approval. Thank you for your time and efforts with regard to
this matter.
/Sine/,~
~ch
Permit Coordinator
Cc: Fred Jarman, Director, Building and Planning Dept.
David Grisso, Operations Field Leader
Brad Ankrum, Operations Field Leader
Doug Rosa, Operations Field Leader
Encl: Deed of Ownership
Statement of Authority
Authorization/Connection Between American Soda & Solvay
GarCo Letter Dated January 18, 2010
Adjacent Property and Mineral Owners List
Original SUP Amendment
Resolution No. 2008-49 (with Condition 8 noted on page 3)
Vicinity Map
Updated Hauler Affidavits
Enclosure:
Deed of Ownership
PURCHASEA~~SALECONTRACT
bv and amana -"
AiVIERICAc'i SODA, LLP.
as the Buyer
and
UNION OIL COMPAc'IY OF CALIFOR'-ITA
as the Seller
and.
THE \V1LLLUIS COMPA:\lES. 1:'-iC.
as the Guarantor
as of May 11 , 199 9
I. PRECLOSING !VIA TIERS
1. Settlement Agreement· recorded May 12, 1999 in the office of the Clerk and
Recorder of Garfield County, Colorado in Book 1129 at Page 28 as Reception No. 545329.
2. Special Limited Power of Al1oruey-recorded May 12, 1999 in the office aft.he
Clerk and Recorder of Garfield County, Colorado in Book 1129 at Page 34 as Reception No.
545330.
IL CLOSING MA TIERS
3. Special Warranty Deed ·dated as of May 1 i. 1999-recorded lvlay 12, 1999" in
the office of the Clerk and Recorder ofGarfie!d County. Colo redo ln Book 1129 at Page 50 as
Reception No. 545331.
4.
oftlk~ Ckrk
JC?KK-l0i11·1
or CJul1f'· C
5. Utility Easements Agreement-dated as of May 11, 1999-recorded May 12, 1999
in the office of the Clerk and Recorder of Garfield County, Colorado in Book 1 129 at Page 117
as Reception No. 545333.
6. Easement Agreement (Intake Parcel)-dated as of May 11, 1999-recorded May
12, 1999 in the office of the Clerk and Recorder ofGarfleld County, Colorado in Book 1129 at
Page 152 as Reception No. 545334.
7. Subordination Rights Assignment Agreement dated as of May 11, 1999-recorded
May I 2, 1999 in the office of the Clerk and Recorder of Garfield County, Colorado in Book 1129
at Page 170 as Reception No. 545334.
8. Assignment and Assumption Agreement (Permits)-dated as of May 11, 1999-
recorded May 12, 1999 in the office of the Clerk and Recorder of Garfield County, Colorado in
Book J 129 at Page 176 as Reception No. 545335.
9. Assignment and Assumption Agreement (Puckett Lease) -dated as of May 11,
1999 . recorded May 12, 1999 in the office of the Clerk and Recorder of Gariield County,
Colorado in Book 1129 at Page 183 as Reception No. 545336.
!0. Quit Claim Deed (Parachute Creek Water Righrs)-recorded 'vlay 12, 1999 in the
office of the Clerk and Recorder of Garfield County, Colorado in Book 1129 at Page 188 as
Reception No. 545337.
II. Quit Claim Deed (Parachute Creek Reservoir Conditional Water Rights)-dated
as of May 11, 1999 -recorded May 12, 1999 in the office of the Clerk and Recorder of Garfield
County, Colorado in Book 1129 at Page 195 as Reception No. 545338.
12. Quit Claim Deed (Meadow Wells Water Rights)-dated as of May 11, 1999 •
recorded May 12, 1999 in the office of the Clerk and Recorder of Garfield County, Co lorado in
Book 1129 at Page 198 as Reception No. 545339.
]3. Quit Claim Deed (Roaring Foik Drainage Historical Consumptive Use Credit)·
dated as o01fay 11, 1999-recorded May 12, 1999 in the office of the Clerk and Recorder of
Garfield County, Colorado in Book 1129 at Page 202 as Receprion No. 545340.
14. Quit Claim Deed (Pumping Pipeline Condirional Water Rights)-dated as of'vlay
11, I 999 -record~d May 12, 1999 in the office of the Clerk and Recorder of Garfield County,
Colororlo in Bonk 1129 at Page 206 as Reception 0io. 545341.
!5. Quit Claim Deed (Vieweg Dirch)-dated as of'vlay ll, 1999 ·recorded May 12,
1999 in the office of the rlerk and Recorder of Garfield County. Colorado in Book 11:29 at Page
209 as Reception :\o. 5.+53~2.
16. Wafer Structures License Agreement-dated as of May 11, 1999-recorded May
12, 1999 in the office of the Clerk and Recorder of Garfield County, Colorado in Book 1129 at
Page 212 as Reception No. 545343.
17. Water Rights and Water Facilities Operations and Maintenance Agreement-dated
as of May II, 1999 -recorded May 12, 1999 in the office of the Clerk and Recorder of Garfield
County, Colorado in Book 1129 at Page 216 as Reception No. 545344.
18. Declaration of Covenants, Conditions, Restrictions, Waivers and Releases -dated
as of May 11, 1999-recorded May 12, 1999 in the office of the Clerk and Recorder of Garfield
County, Colorado in Book 1129 at Page 249 as Reception No. 545345.
19. Memorandum of Right of First Refusal-dated as of May 11, 1999-recorded May
12, 1999 in the office of the Clerk and Recorder of Garfield County, Colorado in Book 1129 at
Page 258 as Reception No. 545346.
20. · Bill of Sale-dated as of?vlay 11, 1999-recorded ::V[ay 13, 1999 in the office of
the Clerk and Recorder of Garfield County, Colorado in Book 1129 at Page 675 as Reception
No. 545477
21. Power of Attorney-The Williams Companies, Inc.
22. Guaranty dated May 1 I, I 999 from The Williams Companies, Inc.
23. Post Closing Matters letter agreement dated May 11, 1999.
24. Post Closing Matters letter agreement dated May 11, 1999 with Ex.xon.
25. Corporate Certificate of Union
26. Settlement Statement
27, FIRPTA Affidavit executed by Union
28. DR 1083 executed by Union
29. 1099 executed by Union
30. Opinion Letter of Balcomb & Green, P,C.
Ill. POST CLOSING 1v!A TIERS
31. Rail Spur Agreement ·dated as ofl,,fay 11, 1999-recorded July 6, 1999 in the
office of the Clerk and Recorder of Garfield County, Colorado in Book 1138 at Page 824 as
Reception No. 5483 88 .
•
1111111 IIIII 111111 111111 1111 IIIII\ 11111111 1111111111111
545332 05/12/1999 12,09P 81129 P110 M RLSDORF
1 of 7 R 36.00 D 0.00 G~RFIELD COUNTY CO
RECORDING tmQUESTED BY AND
WHEN RECORDED, MAIL TO:
Jacobs Chase Frick Klcinkopf & Kelley LLC
l 050 Seventeenth Street, Sulte l 500
Denver, Colorado 80265
Attn: Michael A. Smith
UNION OIL COiv!PANY OF CALlFORNlA. a California corporalioll ("Grantor"), with
'\11 addrc.ss ofJ7G South V<-~!cncia Avenue, Brca, Calif(n>lia 92823, lOr the cons-ideration ofTen
Dollars (SlO.OO), m hand paid, hereby sells and quitclaims to AMEIUCAN SODA, L.L.P., a
Colorado Ji mited Jiahi lity partnership, its successors and ass.igns (''Gran tee"),. with .an. adtlr~ss of
710 Cooper Street, Glenwood Springs, Colorado 81602, <~ll of Grantor's right, title :md i_ntcrcsl,
if any, in and to certain real property located In llarticld County, Colorado as rnore particularly
described on SQb~OJJl~J attached hereto and incorporated herein by this r~ferencc (the "Real
Estate"), taking exception for aHd rcsL:rving to Grantor those matters excepted and rights
reserved
by Grantor under the Special \Vmranty Deed given by GrantOr to Crantcc (fated' as of the
dme hereof and recorded in B-ook)_}_l/1 at Page .5__'t)_ 111 the Real Estut·c Records of{)arfield
County, Colorudo.
Execuwd this lOth day of May, 1999 to be clfcc!ivc as of' May 11, 19~}t).
UNION OJL COMPANY 01' CALIFORNIA,
a California corporation
By \)i;-u:v1 -'71~.-/A2:~':0
Name: LN. Weiss
Title: General Manager, ASsd Matwgtmcm Group
A 2-(I)
111111111111 111111 111111 1111111111111111111111111111111
545332 0~/12/1999 12,09P 61129 P!11 H RLSDORF
2 of 7 R 36.00 0 0.00 GARFIELD COUNTY CO
Acccptctl this ll th day of May. 1999.
STATE Of' COLORADO
) S$.
COUNTY OF GARFIELD )
AMERICAN SODA, L.L.P., a
Colorado !intitcd llabi lity pn.rtlHXBhip, by
American Alkali, Inc.~ a Colorado corporation, as
a partner
By~~-7LA___
Ncm1c: Jrvin Nielsen ~~
Title~ Prcsicknt
The foregoing instrument was acknowledged before: me this llth day of May, 1999, by
Irvin NH.dsen, as President of Atrlel<ican Alkali, Inc .. a Colorado corporation, as a partner or
Arncrican Soda, L.L.P ., a Colorado limited liability partnership, on behalf of said limited liability
partnershiR "( ~~ , ,_~ ....... !;J,s}~ ., _,. '•,, .,.-: }
' :i~ss my hai'rfd official seaL 'l , --"-1
(Notar I kealf~~J. /o . ..ldLC)_);;f·
t.f'?\·.... . .•. ··~·:J : N odry !){1bhc. _
i'r, a·r-·~<~'-? -! I , -
My . . on expircs~_;tfi-:,\17i{('i1 l;i:!J!<.LL=
1/IIIIJ Ulll 111111 111111 111111111111111 ill 1111111111111
545332 05/12/19Q9 12:09P 91129 P112 M ALSDORF
3 of 7 R 36.00 D 0.00 GARFIELD COUNTY CO STATE OF CAI.IFORNIA
COUNTY OF ORANGE
1 ss
I
ON _J'!}l)_t_1Q. 1999 BEl-ORE ME, JANICE /A. AUDISS, NOTARY PUGLIC, PERSONALLY APPEARED l N WEISS (AKA
lJJ~9.J:·LJfYJ:lSS) AND GREGOR:!: F. VVIRZB!GJ~L. PERSONA II Y KNOWN. ·1 O.ME T0.-8E THE PERSONS. WHOSE NAME=S ARE
SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO Mf-Tilf\T THEY EXECUTED THE SAME 1N THEIR
AUTHORiZED CAPACITIES, AND lHAT BY THEIR SIGNATURES ON THE INS!R'.IMF'NT TI--lF PERSONS, OR IHE ENTITY UPON
BEHALF OF WHICH lliE PERSONS ACTED, EXECUTED THE INSTRUMENT.
WITNESS my hand and official seal.
-\~d~ t. NOTAHY's SiGNATURE
·· -·-----·---·--·---OPTIONAL·-··· _____ , ___ _
:·hough the information below IS not requ1red by law, It muy prove valuable \o per:::>on5 reiyiri~J on the document and
could prevent iraudulen! removal and reattachment ot th1s form ID another document
DESCRIPTION OF ATIACHED DOCUMENT;
TITLE OR TYPE OF DOCUMENT; Q.yilclaim Deed
NUMBEH OF PAGES: DATE OF DOCUMENT May_1P . .1.999
SI(JNERS REPRESENT; I).Q\QJ:1mQj1__(~_9QlP.SlnY of California
SIGNER(S) OTHER THAN NAMED ABOVE
IIUIIIIIIIIIIIIII 111111 1111 11111111111111 UIIIIIIIIUI
545332 05/12/1999 12:09P 81129 P1!3 H RLSDORF
4 of 7 R 36.00 0 0.00 GARriCLO COUNTY CO
Schedule 1
(Attached to and t()rming n part of the Quit
Claim Deed dated as of May II, I CJ99
between Union Oil Company of Cali fomia
and American Soc\u, L. L P.)
Boundary Legal Dcscrir}tion
C 0 M M I T M E N T
Plat .\CI No.
SCUEPULE A (continued} Order No. S00307b~CJ
5. The land rofurr<'d to in tho Commitment in covering the laud in thu State of
Colorado, County of Garfield , deocri.bcd ue follow13;
PARCEL A~
A tract" of 1:c1nd situaced in Sec1::iont,; 31 and JS, To..,nship 6 Sour::h <:~nd
Sections 1, 2 and 3, Township 7 South. all in Range 96 West of the
Sixth Princip~l Meridian, Garf~eld County, Colorado, being more
parcicularly described as follows:
Beginning at the SE corner of Said Section 3;
thence tn·2"SIJ' Hl" E" a r()ng the l':ast line of said Sc.ct.ion. 3 a. distance
of 2671. B4 feet to the El/4 corner of said Section 3;
thence N88°33.13'' W along the ease-west ceitterline of said Section 3 a
distance of 2894.96 feet to the center of said Section 3;
thence N07ml1'18~ E along the north-south centerline of said section J
u distance of 2655.76 feet to the Nl/1 corner of said Secr.ion 3;
thence N88°18.46H H along the nor:r:h line of said Seccion ) a disr::a.nco
of 129 9, 93 feet to the SE corner of the Nl/2Nl/2 of said section 34;
thence N01°28'S7H E along the east line of the W1/2Wl/? of ;aid
section 34. a distance of 2779.21 feet to a point on the smn::herly
right-of-way of County Road #215:
thence 442.~2 feet along said southerly right-of-way ~n urc of a c:urve
to the left having a radius of 1550.00 fl'!er_, ~m :inr.;luded angle· of
16°21"14~ and a chord which bears $48°51'23" £a distance of 410.92
feet;
thence S57°02'0o~ E along said t·ighc-of-way a distance of '12.08 feec;
thence 290.07 feet along said right-of-way an arc of a curvl"' to rhe
left having a t"!l.dius of l390.S8 feet, an included angle of 11"57'06''
and a chord which bears S63~'00'33n E a discetnce of 290.22 feet to a
point on the west line of tWOCAL parcel 7681;
thence N01.0
<16' 59" E along said west line a dis-c:ance ot; 339.0.2 feec t.o
the northwest: corner of said parcel, also being a point on the
east-We8t centerline of said Section 34;
thence SS8°4l' 26M E along said east-west centerline of Sec~ ion 34 d
distance of 66~, 00 feet to the center of Sect: ion 3·'1';
thence S$8u43'59~ E continuing along said east-west cenLerline o£
Section 34 J. dist:ancc o! 2631.21 feet: to the El/4, c.or-ner. ot ..:;a.i.d-
Sect:ion 34;
thence S01°39'4G~ W alonq the cast line of sdid Section 34 d dis~ance
of 133.9.40 feet to the Sl/16 corner common ~o said Sections 34 and 35-;
thence S_B_8_~2_6_' :1-_n• B-iJ.long-the north-l-ine of the-SH-l/4-S\H/4 .:Jf :--;c.;.id
Section JS a distance of 1322. 7/i Ieet: to the N8 c:orner of c:.ht:
SW1/4SW1/4 of S3id Section 35;
thence so 1" 12' 2 0 ~ W along t:he e:e.st: line! o [ che SH1/4SW1/1 of SQ. i•J
Section 35 a di~Lance of 1335.01 feet to the SE corner of the
SW1/4SW1/1 o! Section 35;
t:hcnce 388"36'28" 8 alo:1g the sou-;::h line of said Section 35 o distance
of 1333.53 feet to the Sl/4 corner of said Section 35;
ccuntinued)
FIRST Ni!ERIC!'-S TITLS lNSUR..i"u>-:JCE COMPA."'Y
IIUIIIIIIII 111111 m111 Ulllllllllllllllllllllllllllll
545332 05/12/1999 !2,09P 81129 ?114 M ALSDORF
5 of 7 R 36.0~ D 0.0~ GARFIELD COUNTY CO
LEGAl. DESCRI?TTO}{ (contin'l.l:od) Order ~Jo. S00307-C3
thence S$7°16'54" E continuing along said south line n distance ot
1277.76 feet Lo the NW corn~r of the NEl/1NEl/4 of said Section 2;
thence S07°30'll~ W along the westline of said NEl/1NEl/~ o discance
of 1214.93 feet to the SW corner of said NEl/~NEl/4;
thence SB9°40'30" E along the souch line of said NEl/4NEl/1 u distance
of 1294.06 feet co che SE corner of said NE1/4NE~/4;
thence S07°07' 32" w along the east. line of said Section 2 a distance
of 1142.72 feet to the E1/1 corner of said Sectioil. 2;
thence 506°29'46~ W continuing olong said east line a distance of
1336.08 feet to the Sl/16 corner common c:o Sect:ions 1 and 2:
thence $89°45'5]• w along the northerly line of the SEl/1581/4 of said
Section 2 a distance of 245.55 feet to a point on the westerly
right.-of~way o! County Raod #21.5;
the-nce 178 .. 8.3. fe-N .. along. s.v.id .. :--ight--of ~""ay, (:111 ar:c: o-f ~ spi-;;;::~·~ : .. n.J.~".-.e·
t.o t.he left che chord of w-hich bears 511 o 31' 3 7 • E a dist.:-mce of 178. 82
feet;
thence continuing .along sa.id right:-of-way 361.81 teet. along an arc of
a circular curve co the.le.f.t:. ha:v_ing_ P.. ra.dius of 1195-.92 feet, an
included angle of 17°23'03", and a chord which bea-rs S280;05'09~ R <:!
distance of 360.42 feet to a point: on the nort:herly line of che Q_s.
Lab, lnc, property as recorded in Book 898 at Page 699 of the G«rfield
County Records;
thence S89"22'11~ \~along said northerly line a dist:ance-of 751.50
feet to the Northwest corner: of said U.S. Lab. property;
t:hence along the westerly line of siad U.S. Lab, Inc-. property che'
following nine courses: S33~36'23n E a distance of 490,65 feet;
thence Sl6°42'11" W Q distance of 49-62 feet;
thence S261>3S'09~
w " distance of 85-01 fee-c;
thenee $00°36' 50'' E a distance of 58.17 feec;
thence $19°56' 04 ,, E a distance-of' 18.86 feet;
thence 540°51'54" E
u distance of 42.77 feeo::.;
chence 578°12'12" E a distance of 19.63 feet;
thence· N0·0"'3-7' .!12" B a distance of 33·.12 fce"C";
thence $23°34'02" E a distance of 192_1.1
f~et to ~ po-int or. the SO'.Jt.h
line of said Section 2;
thence N88°20'19" w along said south line a diStl;\nCc of 1116.66 feet
to che 81/16 co:rner between Sections l and 2;
thence N88"20' 26~ ~-1 olong suid south line a distance of lJJCi. 03 feet:
co the Sl/4 corner of sdid Section 2;
thence S85"30' 5fP VI continuing along said south line a C.ist;::mcc of
2656.13 feet to the Si'i corner of said Sec:t:ion 2, the point o£
beginning.
EXCEPT the riyht-o:f-·...-ay for County Road #-215 ns recorded i:l Book 657
1,
cant lnue.d!
PIRST AMERICJl.l{ TITlE lNSORANCE COMPANY
111111111111 IIIII I 111/IIIIU IIIIIIIIIIIIIIIIIIUW 1111
545332 05/12/lSSS 12:09P B1!29 P!IS M ~LSDORF
6 of 7 R 36.00 0 0.00 GRRF!ELD COUNTY CO
Enclosure:
Statement of Authority
l?f)l SOLVAY
~CHEMICALS
May 20,2010
EnCana Oil & Gas (USA) Inc.
370 1 i 11 Street, Suite 1700
Denver, CO 80202
Re: EnCana Oil & Gas (USA) lnc. (EnCana) Temporary Office Building
American Soda, L.L.P.-Surrace Owner
Garfield County, Colorado
To Whom lt May Concern:
American Soda, L.L.P., owner of the surface or a portion of Section 34, Township 6
South, Range 96 West and portions of Sections 2 and 3 of Township 7 South, Range 96
West, agrees to allow EnCana to continue operating a temporary office building on its
surface under the following tem1s and conditions:
1. The temporary office building will continue to be ma.intained by EnCana.
2. EnC:ma will continue to operate the temporary employee office building
in accordance with all applicable State and County laws and regulations.
American Soda, L.L.P. grants EnCana pem1ission to act on its behalf in requesting an
Amendment to a Special Use Permit regarding the proposal to modify Condition 8 of
Resolution No. 2008-49; thus requesting approval to aiiO\.v the approved Temporary
Employee Office to use the temporary water and wastewater systems for an additional
five years for said temporary employee office from the Board of County Commissioners,
Garfield County, Colorado.
Please advise iryou require additional infom1ation in this regard.
Sincerely,
-,~8.u-L
Todd Wilson
Plant Manager-Parachute
Solvay Chemicals, Inc.
2717 County Road 215, Parachule, Colorado 81635
970-285-6500 Fax: 970-285-6393
www.solvaychemicals.us
~~
Responsible care'
GoodCh~m·~tryat Wl'l#'.
Enclosure:
Authorization/Connection Between American Soda & Solvay
l{1fl SOLVAY
~AMERICA
Board of County Commissioners
Garfield County
I 08 8th Street
Glenwood Springs, CO 81601
Ladies and Gentlemen:
May II, 2010
I am an attorney with Solvay America, Inc. and am responsible for legal matters relating
to American Soda, LLP. In response to your request, I am writing ro inform you thHt Solvay
America, Inc. acquired all of the partnership interests of American Soda, LLP from Wi I Iiams on
September 10, 2003 through a wholly-owned subsidi.ary. Subsequent to the acquisition,
American Soda, LLP became a wholly-owned subsidiary of Solvay Chemicals, Inc., and many of
the assets used in American Soda, LLP's business were distributed to Solvay Chemicals, Inc.
Please accept this letter as confirmation that employees of Solvay Chemicals, Inc. are authorized
to send correspondence to the County in connection with permitting issues.
If you h.ave any questions, please feel free to contact me at your convenience.
Very lru)y yours, 1/(l(-,(
Carlos R. Escobar
Associate General Counsel
Sotva.,. Ameuca. Inc
JJ3J R1chmondAvcnuo. Hout.ton Texas 770!Jli·JO~ l1JI!>t5 t..OOU Fax. flJ/525-f&IT
Solvav Compames Wabs1ta h«p llwww SolvayAmer~ con1
Enclosure:
GarCo Letter Dated January 18,2010
January 18, 2010
Renata Busch
Encana Oil and Gas (USA), Inc.
2717 County Road 215
Parachute, CO 81635
UWnDING & l'LANJVJNG ffJEPARTlviEN7!'
RE: Special Use Permit Amendment Application to extend the length of time for a
Temporary Employee Office to remain on a property owned by American Soda, LLP
for Encana Oil and Gas (USA), Inc. as approved under Resolution 2008-49.
Dear Renata,
This office is in receipt of the Special Use Permit Amendment Application to change a
condition to extend the allowable time length of I he Temporary Employee Office originally
approved under Resolution 2008-49 on a property owned by American Soda, lLP for
Encana Oil and Gas (USA), Inc.
We have conducted a review of the application and determined it to be technically
incomplete. Please provide the following information so that we may continue to process
the application:
1. Submit a written narratiVe of proposeri amendment(s) which includes how the requested
amendment does
not result in a substantial change defined as follows:
Substantial Change. A change to and existing approved /and use resulting in one or more of
the following:
1. 1\ change in land use category.
2. A change in site design which increases:
a. The number of dwelling units.
b. T!Je maximum square footage of stwctures less than 10.000 sq. fl. over 100% and
structures over 10,000 sq. ft by 10% if a maximum has been specified in a permit or
approval.
c. Projected traffic such that a highway access permit or an amendment to a highway
access permit is required as a resu/1 of the change.
d. The size of the land which is the subject of the permit or approval.
3. A change in land use which creates or increase the incompatibility of the use.
Once you have adequately addressed this issue, the Director shall make a determination as to
whether lhe proposed change constitutes a substantial modification to the condition of approval
contained in the Resolution of Approval and a staff report willlhen be prepared. If the Director
determines that the change does not constitute a substantial change to the approved Major Impact
1
f()(i F.ighth S!reel, Suite 101 "Glen\l'oodSprings, CO 81601
(970! 945-8212" (970) 2!15-7972" Fax. {9'/0J 384-3470
Review permit, the Director shall set a public hearing before the Board of County Commissioners
for an amendment to a condition of approval in a resolution or appr ov~l.
Do not hesrtate to contact me if you have any questions.
Sincerely,
Molly ( ,, ki!·! ,: arson. AICP, Rl A
Senior Planner
970.625.5903
2
Enclosure:
Adjacent Property and Mineral Owners List
Adjacent Property I Mineral Owners:
Bureau of Land Management
2300 River Frontage Road
Silt, CO 81652
EnCana Oil & Gas (USA) Inc.
2717 County Road 215, Suite 100
Parachute, CO 8163 5
Puckett Land Company
5460 Quebec St., Suite 250
Greenwood Village, CO 80111-1917
Williams Production RMT Company
1515 Arapahoe Street, Tower 3, Suite 1000
Denver, CO 80202
Mineral:
Union Oil of California
P.O. Box 7600
Brea, CA 92822-7600
Enclosure:
Original SUP Amendment
GARFIELD COUNTY
Building & Planning Department
108 81h Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile. 970.384.3470
www.yat fiekJ-countv.conl
MAJOR IMPACT REVIEW
MAJOR IMPACT REVIEW [AMENDMENT]
D
D
~ SUP AMENDMENT [Issued under the Zoning Resolution of 1878. as Amended]
GENERAL INFORMATION (Please print legibly)
};-Name of Property Owner: flmerican Soda, r..t •. ~./'rodd ;.lil.son, Plan:: t-:anager-Parachute
>-Mailing Address: 27l7 Count.y Road ?.lS
Telephone:(~ 2il5-650Q
);> City: Parachu:.c~ State: _Zip Code: Cell:(_)
> E-mail address:
FAX:(~) 2!lS 1).10.1
:V Name of Owner's Representative, if any, (Attorney, Planner. Consultant. etc):
y E:J.Cana <JL. & Gas (USA) lnc. (EnCan<l) -Rcnatu nuscil, I'erm.i.L CooL·dl:1aLo.:::
";-Mailing Address: ·n:·1 cou:1.ty ~~oad 21'>
);-City: Parac:Luu: State: co Zip Code:
y E-mail address: renata .lJUGChl-llencan.:t. com
Telephone:(~~-_2_8_5_-2_n_2_5_
tHt;.>s Cell: (~) 319-~890 -~
FAX:(~) ;.a!> n.;;;
>-Requested Use from Table 3-501 or 3-502: _______________ _
Profc::~s.:.onal Of:.!.cr. fo..::· Conduct. o[ !kHlnc:ss or P~·o[r.s~>ion
----------------------------··---------
);.-Street Address I General Location of Property: /..,,? cour.ty ;~oact /.:·,
1\pprox. "> r.Ji.les r:orth of the 'l'O\'Ill of Parachute off of County i<.oad 215
).-Legal Description: :-JI'il/4 SEl/4 of sectio:: 34, Tmmsbp 6 south, Rar:~lc 96 \·lc,>L,
J.> Assessor's Parcel Number: :< ~ o 9 _ a 2 2
p. Existing Use: F'u~ly funcLlonal rnociulac t:!ll' .. loc:at;ed in a ter:c:<:cl parkin<J lolc
> Property Size (in acres) _____ _ Zone District: Rural -------------------
Last Revised 1016109
I. GENERAL SUBMITTAL REQUIREMENTS
[The following general application materials are required for all Major Impact Review
Applications in Garfield County. Application materials and review standards that are
specific to an individual use (Mass Transit Facility, Extraction, Solid Waste Facility ,
etc,) are detailed in Sections 3-301 of Article Ill and Article VII of the Unified Land Use
Resolution (ULUR) of 2008.]
A Submit a completed and signed Application Form, an application fee, and a
signed Agreement for Payment form.
B. A narrative explaining the purpose of the application and supporting materials
that address the standards and criteria found in Articles Ill and VII of the
Unified Land Use Resolution of 2008.
C. Copy of the deed showing ownership. Additionally, submit a letter from the
property owner(s) if the owner is being represented by another party other
than the owner. If the property is owned by a corporate entity (such as an
LLC, LLLP, etc.) Please submit a copy of recorded "Statement of Authority"
demonstrating that the person signing the application has the authority to act·
in that capacity for the entity.
D. Submit a copy of the appropriate portion of a Garfield County Assessor's Map
showing the subject property and all public and private landowners adjacent
to your property (which should be delineated). In addition. submit a list of all
property owners, private and public, and their addresses adjacent to or with in
200 ft. of tile site. Tl1is information can be obtained from tile County
Assessor's Office. You will also need the names (if applicable) of all mineral
interest owners of the subject property, identified in the County Clerk and
Recorder's records in accordance with §24-65.5-1 01, et seq. (That
information may be found in your title policy under Exceptions to Title).
E. Vicinity map: An 8 Y, x 11 vicinity map locating the parcel in the County. The
vicinity map shall clearly show the boundaries of the subject property and all
property within a 3-mile radius of the subject property. The map shall be at a
minimum scale of 1 "=/000' showing the general topographic and 'geographic
relation of the proposed land use change to the surrounding area for which a
copy of U .S.G.S. quadrangle map may be used.
F. A copy of the Pre-Application Conference form completed dur'rng Jhe original
Pre-Application Conference.
G. Submit 3 copies of this completed application and all the required submittal
materials to the Building and Planning Department. St<Jff will request
additional copies once the application has been deemed technically complete.
I. IVIajor Impact Review Process
The following section outlines and describes the Major Impact Review process for !he
variety of uses that are governed by the Board of County Commissioners by the
Unified Land Use Resolution of 2008 (ULUR). Please refer to Articles Ill and VII in the
regulations themselves for a higher level of detail. [The following process is required
lor applications for land use changes that are subject to Major Impact Review as
defined in Table 3-501 or 3-502 in Article Ill.]
A. Outline of Process. The Major Impact Review process shall consist of the
following procedures:
1. Pre-Application Conference (4-103 (A}}
2. Application (4-1 03 (B)}
3. Determination of Completeness (4-103 (C))
4. Evaluation by the Director/Staff Review (4-103 (E)}
5. Public Hearing and Recommendation by the Planning Commission (4-
1 03 (G))
6. Public Hearing and Decision by the Board of County Commissioners
(4-103 (G))
B. Submittal Materials: The following materials shall be submitted wiih a Limited
Impact Review application and are more fully defined in Section 4-502 of
Article IV of the ULUR. The Director may waive or alter any of these
requirements if they are determined to be inappropriate or unnecessary to
determining if the application satisfies applicable standards.
1. Application Form and Fees
2. Site Plan (4-502(C}(3}}
3. Erosion and Sediment Control plan (4-502{C}(4)}
4. Landscape Plan (4-502(C)(5))
5. Land Suitability Analysis (4-502(D)}
6. Impact Analysis (4-502(E))
7. Improvements Agreement, if appropriate (4-502(1))
II. Major Impact Review Amendment Process
Any proposal to change conditions of approval or a site plan approved under these
Regulations as a Major Impact Review permit shall require application to the Director
for Amendment of a Major Impact Permit Approval. The Director shall review the
application to determine whether the proposed change constitutes a substantial
change to the Major Impact Permit approval pursuant to Section 4-1'07 of 1\rticlc IV.
A. Outline of Process. The review process for a proposed Amendment of an
Approved Major Impact Review shall consist of the following procedures.
1. Pre-Application Conference ( 4-103 (A))
2. Application (4-103 (B))
3. Determination of Completeness (4-103 (C)}
4. Evaluation by the Director/Staff Review (4-103 (E))
5. Decision by Director (4-104(8)(5))
6. Public Hearing and Decision by the Board of County Commissioners
(4-103 (G))
B. Submittal Materials: The following materials shail be submitted with a Major
Impact Review Amendment application and are more fully defined in Section
4-502 of Article IV of the ULUR. The Director may waive or alter any of these
requirements if ·they are determined to be inappropriate or unnecessary to
determining if the application satisfies applicable standards.
1. Application Form
2. Supporting documents necessary to evaluate the proposed revision(s)
3. Written Statement of proposed amendment(s) which includes how the
requested amendment does not result in a substantial change defined
here:
Substantial Change. A change to and existing approved land use
resulting in one or more of the following.·
1. A change in land use category.
2. A change in site design which increases
a. The number of dwelling units.
b. The maximum square footage of structures le-ss than 10,000·
sq. ft. over 100% and structures over 10,000 sq. ft. by 10%,
if a maximum has been specified in a permit or approval.
c. Projected traffic such that a highway access permit or an
amendment to a highway access permit is required as a
result of the change.
d. The size of the land which is the subJect of the permit or
approval
3. A change in land use which creates or increases the incompatibility of
the use.
I have read the statements above and have provided the required attached information
wh1chyeoo:e~t and accurate to the best of my knowledge.
( \ ~:?' •
"-----~~wk{ ~d --//-tY2 -()0
(Signature olCProperty Owner) -----------'---'-----c:o=--a---ct-e"------.<---
GARFIElD COUNTY BUILDING AND PLANNING DEPARTMENI
PAYMENT AGREEMENT IFORI\II
(Shall be submitted with application)
GARr'IELD COUNTY (hereinafter COUNTY) and P.ncana Oil & Gas (USA) Inc. [>:ncana)
___ Property Owner (hereinafter OWNER) agree as follows:
1. OWNER has submitted to COUNTY an application for -cempnrory F.mpioyc<.: o1 tice
sue Amendmc"" (hereinafter, THE PROJECT).
2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as
amended, establishes a fee schedule for each type of subdivision or land use review
applications, and the guidelines for the administration of the fee structure.
3. OWNER and COUNTY agree that because of the size, nature or scope of the
proposed project, it is not possible at this time to ascertain the full extent of the costs
involved in processing the application. OWNER agrees to make payment of the Base Fee,
established for the PROJECT, and to thereafter permit additional costs to be billed to
OWNER. OWNER agrees to make additional payments upon notification by the COUNTY
when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or
cost of consulting service determined necessary by the Board of County Commissioners for
the consideration of an application or additional COUNTY staff time or expense not covered
by the Rase Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay
additional billings to COUNTY to reimburse the COUNTY for the processing of the
PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to
the final consideration by the COUNTY of any land use permit, zoning amendment. or
subdivision plan.
PROPERTY OWNER (OR AUTHORIZED REPRESENT AliVE)
/ ---) c:--~ /
' ... q; ~"'-/. /' /./ -/ tSi~~~-:f:evt tvZ-'J:L r~w(! C.ozvC
Date
Print Name
Mailing Address: ~~~~county Koad ~l~. suite lUO
Parachute, CO BlGJS
Page 4
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GARFIELD COUNTY
Building & Planning Department
108 81h
Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile 970.384.3470
www.garfield-county.com
PRE-APPLICATION CONFERENCE SUMMARY
TAX PARCEL NUMBER: 2409-022-00-148
DATE: November 11,2009
APPLICANTS PLANNER: Fred Jarman
PROJECT: EnCana Oil & Gas (USA) Inc. (EnCana) Temporary Employee Office
Amendment to SUP (Re: Timeframe Extension)
OWNER: American Soda, L.L.P.
REPRESENTATIVE: Renata Busch I EnCana I Permit Coordinator
PRACTICAL LOCATION: Approx. 3 miles north of the Town of Parachute off C.R. 215
TYPE OF APPLICATION: SUP Amendment
I. GENERAL PROJECT DESCRIPTION
Request to extend the timeframe of the EnCana Temporary Employee Office unti/2020. Due to
economic downturn, EnCana will not be constructing a new office complex and will need to
continue occupying the temporary modular in its current state.
II. REGULATORY PROVISIONS APPLICANT ISREQU[f(ED TO ADDRESS (DEVELOPMENT CODE
I COMPREHENSIVE PLAN, STATE STATUTES, ETC.)
The continuance of the modular unit in its current location does not result in any changes to the
status or use of the Temporary Employee Office.
;;.. Garfield County Unified Land Use Resolution Sections:
Ill. REVIEW PROCESS
Public Hearing(s):
Referral Agencies:
None --
~Planning Commission
=Board of County Commissioners
~Board of Adjustment
(Division of Water Resources, Colorado Department of
Transportation, etc.)
IV. AP_f'LICAI!ON REVJtW FHS
Planning Review Fees: $
Referral Agency Fees: $
Total Deposit: $ (additional hours are billed at hourly rate of$
General AllplicationProce_ssing
)
Planner reviews case for completeness and sends to referral agencies for comments. Case planner
contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of
review. Case planner makes a recommendation of approval, aoproval with conditions, or denial to the
appropriate hearing body.
Disdaim~r
The foregoing summary is advisory in nature only and is not binding on the County. The summary is
based on current zoning, which is subject to chang_e in the future, and upon factual representations that
may or may not be accurate. This summary does not create a legal or vested right.
Pre,_applk_'ltion Summary Prepared_b_y;
Date
Enclosure:
Resolution No. 2008-49 (with condition 8 noted on page 3)
~Ill ~'I'''~ ~~~II'!!,',MJi Jljl,!Jdi,)l ,l~ll~~1\i,icf'l',ilJ~.IIll,:a1'~ ~illll
Receptionl:l-: "746654
04/16/2008 04 12:11 PM Jean Alberico
1 of ll Rec Fee;$0.00 Doc Fee:O.OQ GARFIELD COUIHY 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 Courthouse, in Glenwood Springs on,
Monday, the 7"' day of April A.D. 2008, there were present:
John Martin_ _ ____________ ,Commissioner Chairman
l~cCown ______ ______ , Commissioner
Tresi Houpt _____________ ,Commissioner
Don DeFord _____________ -,County Attorney
Jean Alberico _____________ , Clerk of the Board
Ed Green ______________ , County Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 2008-49
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE
PERMIT APPLICATION FOR A INDUSTRIAL SUPPORT FACILITY FOR A
TEMPORARY OFFICE LOCATED IN THE NW '!.OF THESE •;.. OF SECTION 34,
TOWNSHIP 6 SOUTH, RANGE 96 WEST, COUNTY OF GARFIELD, COLORII.DO
WHEREAS, the Board of County Commissioners of Garfield County,-Colorado ("Bo&d'),
has received an application from American Soda, LLP for a Special Use Permit ("SUP") to allow for
an Industrial Support Facility for a Temporary Office within the Resource Lands (Gentle Slopes &
Lower Valley Floor) zone district located approximately 3 miles northwest ofParaclmtc in CR 215
described as the following:
Installation of a 60' X 42' Temporary Employee Office to be located in the parking
area of the American Soda property which includes three modular units together
having 10 office spaces, 2 accessible bathrooms, conference room, small kitchen and
storage rooms. These units are certified by the State of Colorado Divi,ion of Housing
and a.r~ rrLted as R2 for f!'Dn~residential use with u cert~fication #00525 . .rlpp/icu'ii/
proposes that this use of this office is tempotary only for a period not to exceed two
years. As such, water and waste water are proposed to be£( a vault and haul scenario.
WHEREAS, the Board held a public hearing on the 7"' day of April, 2008, upon the question
of whether the above described SUP should be granted or denied; at which he:L>cing tbe.roublic and
interested persons were given the opportunity to express their opinions concerning the approval of
said special use permit; and
'·
~Ill ~'j'f~, ~~~~V~~'Jl!Ji ,~JI,IIMIJ'~i',l'1
?!~1ri"~ tt/cl,li1'J' ~~~ t1!1111
ReceptionU: 746654
04/16/2808 04:12:11 PM Jsan i=llberico
2 of 4 Rec Fee.$0.00 Doc Fee:0.00 GARFIELD COUI,ITY CO
WHEREAS, the Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following detennination of fact as listed below:
1. Proper posting and public notice was provided as required for the meeting before the
Board of County Commissioners.
2. The meeting before the Board of County Commissioners was extensive and complete,
that all pertinent facts, matters ar1d issues were submitted and that all interested parties
were heard at that meeting.
3. The above stated and other reasons, the proposed special use permit has been detemlined
to be in the best interest of the health, safety, morals, convenience, order, prosperity and
welfare of the citizens of Garfield County.
4. The application has met the requirements of Special Use (Sections 5:03,5:03:07, 5:03.08
and 9:03) the Garfield County Zoning Resolution of 1978, as amended.
NOW THEREFORE, BE IT RESOLVED by the Board of Cow1ty Collllnissioners of Garfield
County) Colorado, that Special Use Pen11it is hereby approved subject to compliance with 3:1! of the
following specific conditions:
1. That all representations of the Applicant, either within the application or stated at the hearing
before the Board of County Commissioners, shall he 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. The Applicant shall comply with all standards as set !orth in §5.03 .. 1,18 ·'fndustriai Performance
Standards" of the Garfield County Znning Resolution of 1978 as amended and included here as
follows:
a) Volume of sound generated shall comply with the standards set forth in the Colorado
Revised Statutes.
b) Every use shall be so operated that the grow1d vibration inherently and recurrently
generated is not perceptible) without instrLUnents, at a..qy point of any ~Ol.h"'1C!2r; tine 'Jfilie
property on which Lhc use is located.
c) Emissions of smoke and particulate matter every use shaH 'he O}Jerarcd so as to corn!:rl~,,-·
with all Federal, State and County air quality laws, regulations and standards.
rill ill ~'1'•!. ~~~~~!J1,',MJL~L~Uc\\/i,hlJ\~[e\ili~MIL!ti<1,1;1<,':1 ~~·u till ill
Rec:eptionJ:I: 746654
04/16!2008 04-12:11 PM Jean R.lber·ico
3 of 4 Rec fee $0.00 Doc 1-ee:!!l.OO GARFIELD COU~!TY CO
d) Every use shall be so operated that it does not emit heat, glare, radiation or fumes which
substantially interfere with the existing usc 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.
e) Storage of flammable or explosive solids or gases shall not be permitted at this facility.
f) No materials or wastes shall be deposited upon a property in such form or marmer that
they may be transferred off the property by any reasonably foreseeable natural causes or
forces.
g) Repair and/or maintenance activities shall not be conducted at the pem1ittecl facility.
h) Heavy equipment storage shall not be conducted at the permitted facility.
i) Loading and unloading ofvehicles shall be conducted on private property and may not he
conducted on any public right-of-way.
j) Any exterior lighting shall be r;;ontroHed by o_ crrot.ion sensor_. poi_nted dowrr\vani anci
inward to the property center and shaded to prevent direct reflection on adjacent property.
4. All Special Use Pennits for Temporary Employee Oft!ces are subject to all applicable building
code, state and federal pem1it requirements, fire protection district requirements and lire code
requirements.
5. Water and wastewater systems proposed to service tbe Temporary Employee Office must comply
with all applicable state and local laws and regulations.
6. Applicants must keep appropriate records, lo Oc provided to the County upon ccquc~t ~o
demonstrate that water supplied to a site is from m1 approved source and that wastewater is
disposed at an approved facility. The operator mast conduct monthly tests (or qu2.rtcrly if au on-
site disinfection system is installed) and maintain records of stored potable water sam pies specific
for coli fom1. Any tests indicating coli fom1 contamination must be disclosed to the Garfield
County Board of Health or designee.
7. In no case shall unsafe \Vater be used for drinking nor shall raw sewage or contan1inalcd \Vater be
discharged on the ground surface.
8. The maximum allowable time length of the Special Use Permit for Temporary Employee OH!ce is
one (2) years. Should the use exceed the-::~-'\"0· yGar yeriod~· the:-vvvT1C'T 3hal1 '"· recp1ir~d to insta1.1.
more penn anent water I \vaste\vater services such as well and ISDS.
' '
9. The maximum number of occupants permitted under this Special Use Permit for Temporary
Employee Office is 19.
10. Tne facility shall have a minimum total capacity of 4,500 gallons of potable water storage.
11. The facility shall have a minimum total capacity of 4,500 gallons of sewage and wastewater
storage capacity.
tLJ~ (}.,'"{ Dated this ~day of~~~---' A.D. 20QiL.
ATTEST: GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARHELD COUNTY,
-$'_/ () ~ COLORAn
0( s-el\JJ .1 ~ " I ) ', : y "'-., .. A I
... ~_ ::¥Jfoh-
; , I ' f
Upon motion duly made and seconded the forkoinQ: Resol~~l was ad~ted by the follo'il~ng vote: "'~/\.._ _ _____/ ..
~OMMISS!ONER C:HAIR JOHN F. MARfll:L. -·-· --~-'Aye
COMMISSIONER LARRY L. MCCOWN ··~----, Aye
COMMISSIONER TRESI HOUPT . ----~-, Aye
STATE OF COLORADO
County of Garfield
)ss
)
I,~-·· -----~-'County Clerk and ex~offlcio Clerk of the Board-of
County Commissioners, in and for the C01mty and State aforesaid, do hereby cer1ifythat 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 h<md and affixed the seal of said Colllty,
at Glenwood Springs, this __ .. day of_ .. ~·-· ------'AD. 20 __ .
County Clerk and ex-officio Clerk of the Board of County Commissioners
---------------------
:.>
Enclosure:
Vicinity Map
T6S, R96W
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• SITE LOCA 17011
~........., An1erlcon Soda UP
SECTION 34. TBS, R96W
SECTION 3, T7S, R96W
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llowl on Sholo
American 5-od.9_ L1.P
American Soda UP
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Vicinity Map Scale: 1" = 2000'
SW CORNER t--1 S0f!;\i2.l;.J §EG, 34, ~s Ri6W ~
SECTION 34•"'-' SEC. l. l7 , RSII5W SOUTH 1/4 CORNER
1912 G.LO. SECnON 3• BRASS CAP 1912 G.LO. BRASS CAP
~
t St:CT70N CORNt:R LOCATED
Owner:
American Soda LLP
~~!~ 908 Main S1reat
Evanston, ~/ng 82:930
Phone No. (307) 789-45o45
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EnCana Oil & Gas (USA) Inc.
Office Building Site Plan
located in the NW114 SE1/4 of Section 34
T6S, R96W, 6th P.M.
GARFIELD COUNTY, COLORADO
Site Plan Scale: 1" =50' SHEET
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Enclosure:
Updated Hauler Affidavits
ENCANA ...
EnCana Oil & Gas (USA) Inc.
Moy 4, 2010
Fred Jarman
EnCana Oil & GC!s (USA) Inc.
2717 County Road 215
Suite 100
Parachute, CO 81635
Director I Garfield County Building and Planning Department
108 81h St1eet, Suite 401
Glenwood Springs, CO 81601
RE: Updated Hauler Affidavit for Temporary Employee Office
Uear Mr. Jarman:
tel: ($70) 285-2.825
fax: (970) 285-2691
renala.busch@encana,com
VIWW encana com
Please accept Ulis letter as certification that Artesian Waler Service provides potable water hauling
services for EnCana
I certify that Artesian Water Services provides pot able water hauling
services to EnCana for their temporary office facilities located in at 2717
County Road 215, Parachute, CO, 81635 The water source is a
groundwater weft in 1V1esa County and Colorado Registration number is
co# 139156
,J,"~C M /J-t-~,-os !o L\ 1 to
(Signature)
N < 1:.. \,J <'o 'j\'\; lt "S,JJ'--D «
(Print Name)
Please contact me if you need additional information
Sincerely)-,
)
(c:'
Renata. Busch
Permit Coordinator
(Date)
(Title)
lnc.
May 3, 2010
Fred Jarman
EnCana Oil & Gas (USA) Inc.
2717 County Road 215
Suite 100
Parachute, CO 81635
Director I Garfield County Bullding and Planning Department
108 810 Street Suite 401
Glenwood Springs, CO 81601
RE Updated Hauler Affidavit for Temporary Employee Office
Dear Mr. Jarman:
tel (970) 285~2825
lax: (970) 285~2691
:.\L::,, 1t<·r;c-IH'>'i11·' :·n~ -,
www.encana.com
Please accept this letter as certification that Mountain West Oil Field provides sewage collection and
l1auling se1vices for EnCana.
I cer1Jfy that Moun/am West 011 f-Ield provides sewage co/fee/ion and
hauling services to EnCana for their temporary office facilities localed in
a/2717 County Road 215, Parachute, CO, 81635. Services are provided
every 3~5 days unless needed on a more frequent basis. Collected
sewage is disposed at the South Canyon or City of Rifle Disposal
facilities.
£-;<;t;;;J [y;Js (Sig~-f}" ..
0&tivlv '\)uw L 0
(Print Na e)
Please contact me if you need addHlonal information
Sincerely,
Renata Busch
Permit Coordinator
( at )
tJV'_Af drNf.J (Title)~~
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GARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 401 REC VED
Glenwood Springs, Colorado 81601
_....._'7"""""' Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfield-county.com
NOV 1 6 Z009
GARFIELD COUNTY
BUILDING & PLANN\1-JG
MAJOR IMPACT REVIEW
MAJOR IMPACT REVIEW [AMENDMENT]
SUP AMENDMENT [Issued under the Zoning Resolution of 1878. as Amended]
GENERAL INFORMATION (Please print legibly)
Name of Pro12erty Owner: American soda, L.L.P./Todd Wilson, Plant Manager-Parachute
Mailing Address: 2717 County Road 215 Telephone:(~ 285-6500
City: Parachute State: _Zip Code: Cell:(_)
E-mail address:
FAX:~) 285-6303
Name of Owner's Re12resentative, if any, (Attorney, Planner, Consultant, etc}:
EnCana Oil & Gas (USA) Inc. (EnCana)
-Renata Busch, Permit Coordinator
Mailing Address: 2717 County Road 215 Telephone: C!2.~_) 285-2825
City: Parachute State: ~Zip Code: 81635 Cell:(~) 319-8890
E-mail address: renata.busch®encana.com
FAX:(~ 285-2763
Requested Use from Table 3-501 or 3-502:
Professional Office for Conduct of Business or Profession
Street Address I General Location of Property: 2717 County Road 215
Approx. 3 miles north of the Town of Parachute off of County Road 215
Legal Description: NW1/4 SE1/4 of Section 34, Township 6 South, Range 96 West,
6th P.M. I Garfield County, Colorado
~ Assessor's Parcel Number: 2 4 0 9
-0 2 2 -0 0 -1 4 8 -------
-----
~ Existing Use: Fully functional modular unit located in a fenced parking lot
~ Property Size (in acres) Zone District: Rural
Last Revised 1016109
I. GENERAL SUBMITTAL REQUIREMENTS
[The following general application materials are required for all Major Impact Review
Applications in Garfield County. Application materials and review standards that are
specific to an individual use (Mass Transit Facility, Extraction, Solid Waste Facility ,
etc,) are detailed in Sections 3-301 of Article Ill and Article VII of the Unified Land Use
Resolution (ULUR) of 2008.]
A. Submit a completed and signed Application Form, an application fee, and a
signed Agreement for Payment form.
B. A narrative explaining the purpose of the application and supporting materials
that address the standards and criteria found in Articles Ill and VII of the
Unified Land Use Resolution of 2008.
C. Copy of the deed showing ownership. Additionally, submit a letter from the
property owner(s) if the owner is being represented by another party other
than the owner. If the property is owned by a corporate entity (such as an
LLC, LLLP, etc.) Please submit a copy of recorded "Statement of Authority"
demonstrating that the person signing the application has the authority to act
in that capacity for the entity.
D. Submit a copy of the appropriate portion of a Garfield County Assessor's Map
showing the subject property and all public and private landowners adjacent
to your property (which should be delineated). In addition, submit a list of all
property owners, private and public, and their addresses adjacent to or with in
200 ft. of the site. This information can be obtained from the County
Assessor's Office. You will also need the names (if applicable) of all mineral
interest owners of the subject property, identified in the County Clerk and
Recorder's records in accordance with §24-65.5-101, et seq. (That
information may be found in your title policy under Exceptions to Title).
E. Vicinity map: An 8 % x 11 vicinity map locating the parcel in the County. The
vicinity map shall clearly show the boundaries of the subject property and all
property within a 3-mile radius of the subject property. The map shall be at a
minimum scale of 1 "=2000' showing the general topographic and geographic
relation of the proposed land use change to the surrounding area for which a
copy of U.S.G.S. quadrangle map may be used.
F. A copy of the Pre-Application Conference form completed during the original
Pre-Application Conference.
G. Submit 3 copies of this completed application and all the required submittal
materials to the Building and Planning Department. Staff will request
additional copies once the application has been deemed technically complete.
I. Major Impact Review Process
The following section outlines and describes the Major Impact Review process for the
variety of uses that are governed by the Board of County Commissioners by the
Unified Land Use Resolution of 2008 (ULUR). Please refer to Articles Ill and VII in the
regulations themselves for a higher level of detail. [The following process is required
for applications for land use changes that are subject to Major Impact Review as
defined in Table 3-501 or 3-502 in Article Ill.]
A. Outline of Process. The Major Impact Review process shall consist of the
following procedures:
1. Pre-Application Conference (4-103 (A))
2. Application (4-103 (B))
3. Determination of Completeness (4-1 03 (C))
4. Evaluation by the Director/Staff Review (4-1 03 (E))
5. Public Hearing and Recommendation by the Planning Commission (4-
1 03 (G))
6. Public Hearing and Decision by the Board of County Commissioners
(4-1 03 (G))
B. Submittal Materials: The following materials shall be submitted with a Limited
Impact Review application and are more fully defined in Section 4-502 of
Article IV of the ULUR. The Director may waive or alter any of these
requirements if they are determined to be inappropriate or unnecessary to
determining if the application satisfies applicable standards.
1. Application Form and Fees
2. Site Plan (4-502(C)(3))
3. Erosion and Sediment Control plan (4-502(C)(4))
4. Landscape Plan (4-502(C)(5))
5. Land Suitability Analysis (4-502(D))
6. Impact Analysis (4-502(E))
7. Improvements Agreement, if appropriate (4-502(1))
II. Major Impact Review Amendment Process
Any proposal to change conditions of approval or a site plan approved under these
Regulations as a Major Impact Review permit shall require application to the Director
for Amendment of a Major Impact Permit Approval. The Director shall review the
application to determine whether the proposed change constitutes a substantial
change to the Major Impact Permit approval pursuant to Section 4-107 of Article IV.
A. Outline of Process. The review process for a proposed Amendment of an
Approved Major Impact Review shall consist of the following procedures.
1. Pre-Application Conference (4-103 (A))
2. Application (4-103 (B))
3. Determination of Completeness (4-103 (C))
4. Evaluation by the Director/Staff Review (4-1 03 (E))
5. Decision by Director (4-1 04(B)(5))
6. Public Hearing and Decision by the Board of County Commissioners
(4-103 (G))
B. Submittal Materials: The following materials shall be submitted with a Major
Impact Review Amendment application and are more fully defined in Section
4-502 of Article IV of the ULUR. The Director may waive or alter any of these
requirements if they are determined to be inappropriate or unnecessary to
determining if the application satisfies applicable standards.
1. Application Form
2. Supporting documents necessary to evaluate the proposed revision(s)
3. Written Statement of proposed amendment(s) which includes how the
requested amendment does not result in a substantial change defined
here:
Substantial Change. A change to and existing approved land use
resulting in one or more of the following:
1. A change in land use category.
2. A change in site design which increases
a. The number of dwelling units.
b. The maximum square footage of structures less than 10,000
sq. ft. over 100% and structures over 10,000 sq. ft. by 10%,
if a maximum has been specified in a permit or approval.
c. Projected traffic such that a highway access permit or an
amendment to a highway access permit is required as a
result of the change.
d. The size of the land which is the subject of the permit or
approval
3. A change in land use which creates or increases the incompatibility of
the use.
I have read the statements above and have provided the required attached information
which i ct and accurate to the best of my knowledge.
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
PAYMENT AGREEMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and EnCana Oil & Gas (USA) Inc. (EnCana)
____ Property Owner (hereinafter OWNER) agree as follows:
1. OWNER has submitted to COUNTY an application for Temporary Employee Office
SUP Amendment (hereinafter, THE PROJECT).
2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as
amended, establishes a fee schedule for each type of subdivision or land use review
applications, and the guidelines for the administration of the fee structure.
3. OWNER and COUNTY agree that because of the size, nature or scope of the
proposed project, it is not possible at this time to ascertain the full extent of the costs
involved in processing the application. OWNER agrees to make payment of the Base Fee,
established for the PROJECT, and to thereafter permit additional costs to be billed to
OWNER. OWNER agrees to make additional payments upon notification by the COUNTY
when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or
cost of consulting service determined necessary by the Board of County Commissioners for
the consideration of an application or additional COUNTY staff time or expense not covered
by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay
additional billings to COUNTY to reimburse the COUNTY for the processing of the
PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to
the final consideration by the COUNTY of any land use permit, zoning amendment, or
subdivision plan.
PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE)
Date
Renata Busch
Print Name
Mailing Address: 2717 County Road 215, Suite 100
Parachute, CO 81635
Page4
Molly Orkild-Larson
:om:
Sent:
Busch, Renata [Renata.Busch@encana.com]
Thursday, April29, 2010 1:47PM
To: Molly Orkild-Larson
Subject: Molly*American Soda
Attachments: Septic Permit 4465 (Temp Trailer). pdf
Solvay is pretty much like a subsidiary. Per our Landman:
Land is listed as: American Soda LLP
Second name is: Solvay LLP
Address P.O. Box 672346
Houston, TX 77267-2346
(They are in the same building)
Attached is the Septic Permit.
-Renata E>usch
Permit Coordinator
EnCana Oil & Gas (USA) Inc.
2717 County Road 215, Suite 100 I Parachute, CO 81635
tel: (970) 285-2825
cell: (970) 319-8890
renata.busch@encana.com
Reminder: EnCana offices are closed 1st & 3rd Friday's of every month
From: Molly Orkild-Larson [mailto:morkild-larson@garfield-county.com]
Sent: Thursday, April 29, 2010 11:56 AM
To: Busch, Renata
Subject: American Soda
Renata:
What is the relationship between American Soda and Solvay? The application form has American Soda but the
letter head for the January 4, 2010 shows Solvay. Also, I'd like to get a copy of the ISDS permit for the site so
that I can enter that into record as Encana adhering to condition 8.
Thanks,
Molly
This email communication and any files transmitted with it may contain confidential and or proprietary information and is provided for the use of the
intended recipient only. Any review, retransmission or dissemination of this information by anyone other than the intended recipient is prohibited. If you
receive this email in error, please contact the sender and delete this communication and any copies immediately. Thank you.
http://www.encana.com
2
GARFIELD COUNTY
Building & Planning Department
108 81
h
Street, Suite 401
~ ......... =Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfield-county.com
(hand delivered wiSUP Amendment & check fee ($400 on 11116109)
PRE-APPLICATION CONFERENCE SUMMARY
TAX PARCEL NUMBER: 2409-022-00-148 DATE: November 11, 2009
APPLICANTS PLANNER: Fred Jarman
PROJECT: EnCana Oil & Gas (USA) Inc. (EnCana) Temporary Employee Office
Amendment to SUP (Re: Timeframe Extension)
OWNER: American Soda, L.L.P.
REPRESENTATIVE: EnCana I Renata Busch I Permit Coordinator
PRACTICAL LOCATION: Approx. 3 miles north of the Town of Parachute off C.R. 215
TYPE OF APPLICATION: SUP Amendment
I. GENERAL PROJECT DESCRIPTION
Request to extend the timeframe of the EnCana Temporary Employee Office unti/2020. Due to
economic downturn, EnCana will not be constructing a new office complex and will need to
continue occupying the temporary modular in its current state.
II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS (DEVELOPMENT CODE
I COMPREHENSIVE PLAN, STATE STATUTES, ETC.)
The continuance of the modular unit in its current location does not result in any changes to the
status or use of the Temporary Employee Office.
~ Garfield County Unified Land Use Resolution Sections:
Ill. REVIEW PROCESS
Public Hearing(s):
Referral Agencies:
None
= Planning Commission
=_Board of County Commissioners
Board of Adjustment
(Division of Water Resources, Colorado Department of
Transportation, etc.)
IV. APPLICATIONREVIEW_FEES
Planning Review Fees: $
Referral Agency Fees: $
Total Deposit: $ (additional hours are billed at hourly rate of$
General Application Processing
)
Planner reviews case for completeness and sends to referral agencies for comments. Case planner
contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of
review. Case planner makes a recommendation of approval, approval with conditions, or denial to the
appropriate hearing body.
Disclaimer
The foregoing summary is advisory in nature only and is not binding on the County. The summary is
based on current zoning, which is subject to change in the future, and upon factual representations that
may or may not be accurate. This summary does not create a legal or vested right.
Pre-application Summary__l'repared by:
Date
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Temporary Employee Office
I. APPLICATION SUBMITTAL REQUIREMENTS
As a minimum, specifically respond to all the following items below and attach any additional
information to be submitted with this application:
1. Please submit, in narrative form, the nature and character of the Special Use requested.
Submit plans and supporting information (i.e. letters from responsible agencies). Include
specifications for the proposed use including, but not limited to, the hours of operation, the
number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and
the size and location of any existing and/or proposed structures that will be used in
conjunction with the proposed use, and provisions for electric power service and any other
proposed utility improvements. Be specific.
EnCana Oil & Gas (USA) Inc. (EnCana), acting on behalf of American Soda LLP, requests a
Special Use Permit for a temporary employee office (TEO) associated with drilling operations
in Garfield County.
The TEO will be located in the north end of the American Soda LLP parking lot. EnCana
currently leases a large portion of the property including the office facility from American
Soda LLP. EnCana has entered a surface use agreement with American Soda LLP for the
portion of the parking lot on which the TEO will be located (see Surface Use Agreement
Tab).
The TEO will be used 10-12 hours a day. The TEO unit is a pre-fabricated, three modular
units measuring 13'4" X 60' for a total of 42' X 60' that will have 10 office spaces, 2
handicapped accessible restrooms, a conference room, small kitchenette, and a storage room.
The Unit will be handicap accessible throughout facility. The TEO units are certified by the
State of Colorado Division of Housing and are rated as R2 for nonresidential use. The State
Division of Housing Certification is #00525.
Utilities associated with TEO are of a temporary nature due to the length of time in which
this facility will be needed, not to exceed two years. Wastewater tanks, potable water tanks,
and bear-proof trash receptacles will be provided at the TEO facility. The facility will be
powered from existing power from the American Soda LLP Warehouse located directly to
the west, approximately 75 feet.
Refer to the narrative and supporting documentation for additional information on the TEO.
2. If you will be using water or will be treating wastewater in conjunction with the
proposed use, please detail the amount of water that would be used and the type of
wastewater treatment. If you will be utilizing well water, please attach a copy of the
appropriate well permit and any other legal water supply information, including a water
allotment contract or an approved water augmentation plan to demonstrate that you have
legal and adequate water for the proposed use.
Special Use Permit Application
January 2008
I
Temporary Employee Office
Volume of potable water used and wastewater produced is based on calculations from
CDPHE data. EnCana estimates that potable water consumed is approximately 15 gallons
per person per day and the wastewater produced is also approximately 15 gallons per person
per day. Based on the 13 person average occupancy rate, daily water use and wastewater
produced is approximately 195 gallons per day per TEO facility.
There is no water well located at this location, nor are any water supply wells planned in the
future. Potable water is provided at the TEO facility and includes bottled water and potable
water stored in potable water tanks. The TEO facility will have a minimum of one potable
water storage tank which is filled as needed. EnCana uses CDPHE-certified potable water
hauler, Artesian Water Services-Mark Hudson 970-858-3479, to haul potable water to the
TEO facility. Potable water sources include a groundwater well in Mesa County and
municipal sources from Ute Water.
The TEO facility will have a minimum of one wastewater storage tank. Black and grey water
will be contained in this tank. EnCana will use Mountain West Oil Field Services-Cal
Harlow 970-858-8859, to empty the wastewater tanks. Tanks will be emptied as needed.
Sewage is disposed of at the City of Rifle disposal facility.
Refer to the application narrative for additional information on wastewater and potable water.
3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject
property, all existing and proposed structures on the property, and the County or State
roadways within one (1) mile of your property. If you are proposing a new or expanded
access onto a County or State roadway, submit a driveway or highway access permit.
A site plan for the location of the TEO north of Parachute is included in the Map Tab. The
survey package includes a location map, detailed driving directions from the Town of
Parachute, and a detailed site plan with distances between structures, water tanks, and trash
receptacles.
This site does not require a driveway access permit. EnCana will utilize existing driveway to
the office.
4. Submit a vicinity map showing slope I topography of your property, for which a U.S. G.S.
1:24,000 scale quadrangle map will suffice.
A map of the surrounding location is included in the Maps Tab.
5. Submit a copy of the appropriate portion of a Gatfield County Assessor's Map showing all
the subject property and public and private landowners adjacent to your property (which
should be delineated). In addition, submit a list of all property owners, public and private
landowners and their addresses adjacent to or within 200ft. of the site. This information
can be obtained from the Assessor's Office. We will also need the names (if applicable) of
all mineral right owners of the subject property. (That information can he found in your
title policy under Exceptions to Title).
2 Special Use Permit Application
January 2008
Temporary Employee Office
The Ownership Tab includes the names and addresses of adjacent landowners and the
applicable Garfield County Assessor's Maps delineating the subject property and adjacent
landowner. American Soda LLP surface rights description is also included in the Ownership
Tab.
6. Submit a copy of the deed and a legal description of the subject property.
The Deed and Legal Description of the property are included in the Deed and Legal
Description Tab.
7. If you are acting as an agent for the property owner, you must attach an
acknowledgement from the property owner that you may act in his/her behalf.
Surface damage agreements between American Soda LLP and EnCana specifically
authorize the installation of this temporary office and are provided in the Surface Use
Agreement Tab.
8. Submit a statement that specifically responds to each of the following criteria from Section
5.03 of the Zoning Regulations:
(1) Utilities adequate to provide water and sanitation service based on accepted
engineering standards and approved by the Board of County Commissioners shall
either be in place or shall be constructed in conjunction with the proposed use.
Utilities will be provided at the TEO location. Utilities will consist of a 4,500 gallon
potable water storage tank and a 4,500 gallon wastewater storage tank. Utilities (i.e.
storage tanks) will be temporary in nature and will be moved from this site upon non-use
of facility.
Volume of potable water used and wastewater produced is based on calculations from
CDPHE data. EnCana estimates that potable water consumed is approximately 15
gallons per person per day and the wastewater produced is also approximately 15 gallons
per person per day. Based on the 13 person average occupancy rate, daily water use and
wastewater produced is approximately 195 gallons per day for this TEO facility.
There is no water well located on this pad site, nor are any water supply wells planned in
the future. Potable water is provided at the TEO facility and includes bottled water and
potable water stored in potable water tanks. The TEO facility will have a minimum of
one potable water storage tank which is filled as needed. EnCana uses a CDPHE-certified
potable water hauler, Artesian Water Services, to haul potable water to the TEH facility.
Potable water sources include a groundwater well in Mesa County and municipal sources
from Ute Water. A copy of the affidavit with EnCana's potable water contractor is
included in the Hauler Affidavit Tab.
Special Use Permit Application
January 2008
3
Temporary Employee Office
The TEO facility will have a minimum of one wastewater storage tank. Black and grey
water will be contained in this tank. EnCana will use Mountain West Oil Field Services
to empty the wastewater tanks. Tanks are emptied as needed, with a minimum removal
every two days. Sewage is disposed of at the City ofRifle disposal facility.
Refer to the application narrative for additional information on potable water and
wastewater.
(2) Street improvements adequate to accommodate traffic volume generated by the
proposed use and to provide safe, convenient access to the use shall either be in place
or shall be constructed in conjunction with the proposed use;
Access to the TEO will be provided by County Road 215, an existing paved access road
will be leading to the TEO that provides safe, convenient, year-round access to the office
facility. This drive way access is in use at the present time by American Soda LLP and
EnCana employees.
(3) Design of the proposed use is organized to minimize impact on and from adjacent uses
of land through installation of screen fences or landscape materials on the periphery of
the lot and by location of intensively utilized areas, access points, lighting and signs in
such a manner as to protect established neighborhood character;
The proposed facility is a one story office complex. The impact should be minimal for
the surrounding neighborhood. Because of the location of the facility, landscape or
fencing is not necessary as it is an existing fenced parking lot.
9. Depending on the type of Special Use Permit requested, you may need to respond to
additional review standards in the Garfield County Zoning Resolution Section 5.00
{Supplementary Regulations]. This may include uses such industrial uses {section 5.03.07
& 5.03.08], Accessory Dwelling Units {section 5.03.21], Utility line/Utility Substations,
etc. Specific sections of the Zoning Resolution which can be located on the Garfield
County web site at http://www.garfieldcountv.com/building and planning!index.htm, or
information can be obtained from this office.
5.03.07 Industrial Operations: Industrial Operations, including extraction, processing,
fabrication, industrial support facilities, mineral waste disposal, storage, sanitary
landfill, salvage yard, access routes and utility lines, shall be permitted, provided:
(1) The applicant for a permit for industrial operations shall prepare and
submit to the Planning Director ten (10) copies of an impact statement
on tlte proposed use describing its location, scope, design and
construction schedule, including an explanation of its operational
characteristics. One (1) copy of the impact statement shall be filed with
the County Commissioners by the Planning Director. The impact
statement shall at/dress the following:
4 Special Use Permit Application
January 2008
Temporaty Employee Office
(A) Existing lawful use of water through depletion or pollution of
surface run-off, stream flow or groundwater;
The TEO facility will be located at 2717 County Road 215 Parachute,
CO. 81635; owned by American Soda LLP. Potable water will be
provided from groundwater wells or municipal sources stored on site
in tanks. Wastewater will be collected and disposed of at an approved
disposal facility. There are no anticipated impacts to groundwater or
surface water.
The location of the TEO is in an existing paved parking lot and will
not need a stromwater or reclamation plan in place. The site map has
survey locations of the existing drains in the paved parking lot area.
The parking lot will not have any new net increase in impervious
surface. Existing paved parking lot will adequately drain area without
disrupting the current measures in place; including depletion,
pollution, or surface run-off.
(B) Impacts on adjacent landfrom the generation of vapor, dust, smoke,
noise, glare or vibration, or other emanations;
There are no residences within one mile of the property and the
geographical relief is substantial in nature. Adjacent property owners
will not be affected by any form of emission emanating from this site.
(C) Impacts on wildlife and domestic animals through the creation of
hazardous attractions, alteration of existing native vegetation,
blockade of migration routes, use patterns or other disruptions;
The location is an existing parking lot and will not have any affects on
existing vegetation or wildlife.
(D)Affirmatively show the impacts of truck and automobile traffic to
and from such uses and their impacts to areas in the County;
Traffic already exists to the existing parking lot; therefore traffic will
not increase due to the TEO facility.
(E) That sufficient distances shall separate such use from abutting
property which might otherwise be damaged by operations of the
proposed use(s);
Special Use Permit Application
January 2008
5
Temporary Employee Office
The proposed site is isolated from any abutting uses. There are no
residences within one mile of the property and the geographical relief
is substantial, causing the effects to be negligible.
(F) Mitigation measures proposed for all of the foregoing impacts
identified and for the standards identified in Section 5.03.08 of this
Resolution.
No mitigation measures are needed.
(2) Permits may be granted for those uses with provisions that provide
adequate mitigation for the following:
(A) A plan for site rehabilitation must be approved by the County
Commissioners before a permit for conditional or special use will be
issued;
The proposed area is an existing parking lot and will not need to be
rehabilitated. The proposed site will return to original intended use.
(B) The County Commissioners may require security before a permit for
special or conditional use is issued, if required. The applicant shall
furnish evidence of a bank commitment of credit, bond, certified
check or other security deemed acceptable by the County
Commissioners in the amount calculated by the County
Commissioners to secure the execution of the site rehabilitation plan
in workmanlike manner and in accordance with the specifications
and construction schedule established or approved by the County
Commissioners. Such commitments, bonds or check shall be payable
to and held by the County Commissioners;
Due to the nature of this application, the temporary office will be
removed upon completion of use approximately two years. Each unit
is a modular unit and the parking lot will be returned to its original
intended use.
(C) Impacts set forth in the impact statement and compliance with the
standards contained in Section 5.03.08 of this Resolution. (A. 93-
061)
5.03.08 Industrial Performance Standards: All industrial operations in the County shall
comply with applicable County, State, and Federal regulations regulating water,
air and noise pollution and shall not be conducted in a manner constituting a
public nuisance or hazard. Operations shall be conducted in such a manner as to
minimize heat, dust, smoke, vibration, glare and odor and all other undesirable
6 Special Use Permit Application
January 2008
Temporary Employee Office
environmental effects beyond the boundaries of the property in which such uses
are located, in accord with the following standards;
(I) Volume of sound generated shall comply with the standards set forth in the
Colorado Revised Statutes at the time any new application is made. (A. 93-
061)
Noise impacts associated with installation of the TEO facility will be minimal
as the parking lot already is in use.
(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 on which the use is located;
None anticipated.
(3) 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;
None anticipated.
(4) 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;
None anticipated.
(5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas
(A97-112)
Installation of the TEO facility will not include storage areas, salvage yards,
sanitary landfills, or mineral waste areas.
A) Storage of flammable or explosive solids or gases shall be in accordance
with accepted standards and laws and shall comply with the national, state
and local fire codes and written recommendations and/or comments from
the appropriate local protection district regarding compliance with the
appropriate codes; (A97-112)
Special Use Permit Application
January 2008
7
Temporary Employee Office
8
Storage of flammable or explosive solids or gases will be in accordance with
accepted standards and laws and will comply with the national, state and
local fire codes and written recommendations/comments from the
appropriate local protection district regarding compliance with the
appropriate codes.
(B) At the discretion of the County Commissioners, all outdoor storage
facilities may be required to be enclosed by fence, landscaping or wall
adequate to conceal such facilities from adjacent property; (A97-112)
There is no storage facility associated with the TEO facility.
(C) No materials or wastes shall be deposited upon a property in such form or
manner that they may be transferred off the property by any reasonably
foreseeable natural causes or forces; (A97-112)
No materials or wastes will be deposited in a form or manner that will allow
off-site transport. The TEO facility will have a minimum of three thirty-
gallon, bear-proof refuse receptacle. EnCana will use Western Colorado
Waste to empty the refuse receptacles. Receptacles will be emptied as
needed, with a minimum removal once per week. Refuse is disposed of at
the Garfield County landfills. A copy of the affidavit with EnCana's refuse
contractor is included in the Hauler Affidavit Tab.
(D) Storage of Heavy Equipment will only be allowed subject to (A) and (C)
above and the following standards: (A97-112)
1. The minimum lot size is five (5) acres and is not a platted subdivision.
2. The equipment storage area is not placed any closer than 300ft. from
any existing residential dwelling.
3. All equipment storage will be enclosed in an area with screening at
least eight (8) feet in height and obscured from view at the same
elevation or lower. Screening may include berming, landscaping, sight
obscuring fencing or a combination of any of these methods.
4. Any repair and maintenance activity requiring the use of equipment
that will generate noise, odors or glare beyond the property boundaries
will be conducted within a building or outdoors during the hours of 8
a.m. to 6 p.m., Mon.-Fri.
5. Loading and unloading of vehicles shall be conducted on private
property and may not be conducted on any public right-of-way.
The TEO facility will not require storage of heavy equipment.
Special Use Permit Application
January 2008
Temporary Employee Office
(E) Any storage area for uses not associated with natural resources shall not
exceed ten (10) acres in size. (A97-112)
The TEO facility will not require storage areas for uses not associated with
natural resources.
(F) Any lighting of storage area shall be pointed downward and inward to the
property center and shaded to prevent direct reflection on adjacent
property (A97-112)
The TEO facility will not require storage areas.
(6) 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.
The TEO facility will not create water pollution hazards.
10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide
the fee with the application.
11. Submit 2 copies of this completed application form and all the required submittal materials
to the Building and Planning Department. Staff will request additional copies once the
Special Use Permit application has been deemed technically complete.
Special Use Permit Application
January 2008
9
Temporary Employee Office
II. PROCEDURAL REQUIREMENTS
(The following steps outline how the Special Use Permit Application review process works in
Garfield County.)
I. Submit this completed application form, base fee, and all supplemental information to the
Gaifield County Planning Department. It will be received and given to a Staff Planner
who will review the application for technical completeness.
2. Once the application is deemed technically complete, the Staff Planner will send you a
letter indicating the application is complete. In addition, Staff will also send you a "Public
Notice Form(s)" indicating the time and date of your hearing before the Board of County
Commissioners. Prior to the public hearing, Staff will provide you with a Staff
Memorandum regarding your requested Special Use. (If Staff determines you application
to be deficient, a letter will be sent to you indicating that additional information is needed
to deem your application complete.)
3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the
requested Special Use and the public hearing. If proper notice has not occurred, the public
hearing will not occur. Notice requirements are as follows:
a. Notice by publication, including the name of the applicant, description of the subject
lot, a description of the proposed special use and nature of the hearing, and the date,
time and place for the hearing shall be given once in a newspaper of general
circulation in that portion of the County in which the subject property is located at
least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and
proof of publication shall be presented at hearing by the applicant.
b. Notice by mail, containing information as described under paragraph (1) above, shall
be mailed to all owners of record as shown in the County Assessor's Office of lots
within two hundred feet (200') of the subject lot and to all owners of mineral interest in
the subject property at least thirty (30) but not more than sixty (60) days prior to such
hearing time by certified return receipt mail, and receipts shall be presented at the
hearing by the applicant.
c. The site shall be posted such that the notice is clearly and conspicuously visible from a
public right-of-way, with notice signs provided by the Planning Department. The
posting must take place at least thirty (30) but not more than sixty (60) days prior to the
hearing date and is the sole responsibility of the applicant to post the notice, and
ensure that it remains posted until and during the date of the hearing.
4. The Applicant is required to appear before the Board of County Commissioners at the time
and date of the public hearing at which time the Board will consider the request. In
addition, the Applicant shall provide proof, at the hearing, that proper notice was provided.
10
Once the Board makes a decision regarding the Special Use request, Staff will provide the
Applicant with a signed resolution memorializing the action taken by the Board. Following
Special Use Permit Application
January 2008
Temporary Employee Office
the Board's approval, this office will issue the Special Use Permit to the applicant. If the
Board's approval includes specific conditions of approval to be met, this office will not
issue the Official Special Use Permit certificate until the applicant has satisfied all
conditions of approval. The Special Use Permit approval is not finalized until this office
has issued the Official Special Use Permit certificate signed by the Chairman of the Board
of County Commissioners. I have read the statements above and have provided the
required attached information which is correct and accurate to the best of my knowledge.
(Signature of applicant/owner) Last Revised: 12/2007
Special Use Permit Application
January 2008
11
Vicinity Map
Encana Temporary Office
.f.· Copyright 2008 ESRI. Allrlghts reserved. Printed on Ttlu Apr 8 2010 04:00:01 PM.
Parcel 8: 2409-022-00-148
NW1/4 SEl/4 of Section 34, Township 6 South, Range 96W in Garfield County, CO
Approx. 3 miles north of town of Parachute off of County Road 215
lana
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SECTION 34, T6S, R96W
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SW CORNER +---t SOJ!:'i'ii' SfG J:4 jf Ri§W f SEC'OON J4: SEC. l, f1 R91SW SOU'TH 1/4 CORNER
1912 G.LO. SECTION J-4 BRASS CAP 1912 G.LO. BRASS CAP
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-----~.:~~.
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0 ORAIHAGF
CRAIE
1: i ~
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~~ Owner:
American Soda LLP
~!'-!~! 906 Main S!noet
Evana11on, Wyoming 82930
Phone No. (307) 7fl9.4545
Map Showing
EnCana Oil & Gas (USA) Inc.
Office Building Site Plan
located in the NW1/4 SE1/4 of Section 34
T6S, R96W, 6th P.M.
GARFIELD COUNTY, COLORADO
Site Plan Scale: 1" = 50' SHEET
~~ 07.{)4..124 r::=.,)'Od, 12/18/07
1
0818 12/21/07 4115110 OF1 Dfawn: Dale:
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Adjacent Property Owners:
Bureau of Land Management
2300 River Frontage Road
Silt, CO 81652
EnCana Oil & Gas (USA) Inc.
27 I 7 County Road 215, Suite I 00
Paruchute, CO 81635
Puckett Land Company
5460 Quebec St., Suite 250
Greenwood Village, CO 80111-19 I 7
Williams Production RMT Company
I 515 Arapahoe Street, Tower 3, Suite I 000
Denver, CO 80202
December 26, 2007
Fred Jarman
EnCana Oil & Gas (USA) Inc.
2717 CR 215. Suite 100
Parachute, CO 81635
Director-Garfield County Building and Planning Department
108 81
"
Street, Suite 401
Glenwood Springs, CO 81601
Re: Hauler Affidavit for Temporary Office Facility
Dear Fred:
tel: 970-285-2738
fax: 970-285-2691
Please accept this letter as certiflcation that Artesian Water Service provides potable water hauling
services for EnCana Oil and Gas {USA).
I certify that Artesian Water Services provides potable water hauling services to
EnCana for their temporary office facilities located at
2717 County Road 215,
Parachute, CO 81635. The water source is a groundwater well in Mesa County
and Colorado Registration number is C0#139156.
/~_~,.-.-. ·. . I ..
fr" .'i
-_. \ l r I ./1 ~ ~~hi\ ,;Yv
(Name)
Please contact me if you need additional information.
Brett Crabb
Permit and Compliance Coordinator
cnCana Otl & Gas (USA) Inc.
970-285-2738
(Title)
Customer
Solvay Chemicals
2717 County Road 215
Parachute, CO 81635
Sample
Invoice # 922-10
PWS ID C00-223117-ooo
System Small Water System (NCNl)
2717 CR 215
Parachute CO 81635
!:.~#7
_j
-------
Test NC!m£ Result
Mesa County Health Department Regional Laboratory
510 29.5 Rd, Grand lunction, CO 81504
US Mail: PO Box 20,000, Grand lunction, CO 81502-5033
(970) 248-6999 fox (970) 683-6608
http://health.mesacounty.us/lob
-1
Time Collected By
Collected 03/09/2010 1:55 PM CA
Received 03/10/2010 10:22 AM
Matrix Drin~ing Water
Purpose Compliance Chlorine 0.02
Comments PO# 4500536199
T otol coliforms PA ABSENT Coliform/ABSENT E. coli or less than one (<1), indicates o microbiologically
safe sample
03/11/2010 8:49:46 AM
Invoice for Water Sampling Services Detach ond moil this portion with payment
~Received) Payment Type I Due Date j Amount Pald Balance I jlnvoice # I 922-10 l
I 03/10/2010 I Bill [ 04/10/2010_j_ $0.00 $20.00 j If payin[l for multiple samples, write Invoice ll's below:
I Customer:ll(i80) Solvay Chemicals -~ ~ · ~ LJ Chect? (Payable to MCHD) _
c-Amount Enclosed 0 Credit Card: Visa Mastercard l $ CJI~LJ. ~10 Name on Card:
Billing Address:
IMCHD Regional Lab
PO Box 20.000
[Grand lunction, CO 81502-so.::__
Credit Card #:
Expiration Date: ------------
Security Code:
-
ENCANA,.
EnCana Oil & Gas (USA) Inc.
EnCana Oil & Gaa (USA) Inc. tel: (970) 285-2825
2717 County Road 215, Suite 100 fax: (970) 285-2691
Parachute, CO 81035 renata.busch@encana.com
March 4, 2010
Requestor: EnCana Oil & Gas (USA) Inc.
2717 County Road 215, Suite 100
Parachute, CO 81635
Surface Owner: American Soda, LLP (Solvay Chemicals, Inc.)
2717 County Road 215
Parachute, CO 81635
This agreement is made as of March 4, 2010. between Requestor, EnCana Oil & Gas (USA) Inc.
(EnCana) and Solvay Chemicals, Inc. (Solvay) refe"ed to as Sutface Owner and both named above.
EnCana and Solvay have entered into an agreement, whereby Solvay has granted permission, allowing
EnCana to tie-in to Solvay's cuffent water system and EnCana will incur the cost of said project.
Requestor: EnCana Oil & Gas (USA) Inc. Surface Owner: Solvay Chemicals. Inc.
By: ~~-'-'"{,~~) {~ By:
Todd Wilson
Title: Operations Field Leader Title: Plant Manager-Parachute
f{f)l SOLVAY
~CHEMICALS
Jamwry 4, 2010
EnCana Oil & Gas (USA) Inc.
370 171h Stn:ct, Suite 1700
Denver, CO 80202
Rc: EnC;mu Oil&. Gas (USA) lnc. (EnCanu) Tcmpor:.1ry Onicc Building
Amt:rican Soda, L.L.P-Surface Owner
Uarncld < ·ounty, Colorado
To Whom It May Concern:
American Soda, l..l..P .. owner of the surface of a portion of Section 34, Township 6
South.
R;~ngc% West and portions of Sections 1 and 3 of Township 7 South, Runge ?6
\Vest. ugrccs to allow EnCana to continue operuting u temporury oflice building 011 its
surface under the following tcnns and conditions:
I. The temporary office building wi II continue to be maintained by EnCana.
2. EnC~tna will continue to operate the temporary employee orticc building
in acconJam:t:: with all applicable State ami County laws. and regulations.
Amcric~m Soda grants EnC~ma pem1ission to act on its behalf in requesting an
Am~nJmcnt to u Special Usc P..:nnit for ..:xtcn<.Jing th..: timcframc lor said temporary
oflicc building from the Board of County Commissioners, Garlicld County, Colorado.
Please advise if you rcqtJirc :ulditional information i11this regard.
Sincl..!rcly,
-' l ~ ~-/ tk\ .._) '-~
Toud Wilson
Plant Manager-Parachute
•I t..h.,ih.ab I
Z/11 C.:O'•I·II HtM<J 215 I''"' •..I '' I I >XI 81 1
1/ l~to:..• hLt !I I II;QJ••
'-<AWIOI\;J:nl 1
• ' \!l*••
~ *please note amendment to the 3rd paragraph on page 2
ENCANA ..
~
EnCana Oil & Gas (USA) Inc.
AprilS, 2010
EnCana Oil & Gas (USA) Inc.
2717 County Road 215, Suite 100
Parachute, CO 81635
tel: (970) 285-2825
fax: (970) 285-2691
renata.busch@encana com
Molly Orkild-Larson I Senior Planner
Garfield County Planning Dept -Rifle Airport Office
0375 County Road 352-Building #2060
Rifle, CO 81650
RE: Special Use Permit (SUP) Amendment I Temporary Employee Office
Proposal to Change Condition of Approval (Resolution No. 2008-49, #8)
"The maximum allowable time length of the Special Use Permit for
Temporary Employee Office Is one (2) years. Should the use exceed the
two year period, the owner shall be required to instafl move permanent
water I wastewater services such as well and ISDS."
Dear Ms. Orkild-Larson:
Per our phone conversation of April 7. 2010 (yourself. Fred Jarman. Renata Busch). I was
advised that a tie-in to American Soda, LLC/Solvay Chemical, Inc. (Solvay) cistern could not be
considered a more permanent water service, such as a well, and therefore I needed to provide
a letter to the County in order to propose a change to the original condition of approval.
To summarize previous history with regards to this matter:
•
*
•
*
**
Temporary Employee OHice Trailer resides on surface owned by
Solvay and is currently located on their adjacent parking lot
Solvay has granted EnCana permission to continue maintaining
the temporary office, in its current state, at its current location
(reference attached)
No accessibility to tie into city water
Solvay will not allow EnCana to drill a water well on their surface
Solvay is satisfied with the current water supply system and
would prefer to see it maintained as is
"" An ISDS is present and in use. Potable water, for restroom facilities is hauled in every
two weeks by a state certified hauler. There are no visual concerns and truck traffic is minimal
with regard to delivery of potable water and septic disposal. Water for consumption is provided
in the same manner in which it is supplied to the main Solvay building; bottled water is
delivered.
EnCana Temporary Employee Office
Page2
In addressing any issue of Substantial Change, none of the Substantial Change Characteristics
described in your letter dated January 18, 2010 (reference attached) would be affected by
extending the length of time for our Temporary Employee Office to remain on the property
owned by Solvay. There would be no need for any substantial modifications, as the use of the
Temporary Office will remain the same.
At the time the original SUP was submitted, EnCana was in the process of determining a
location for a suitable sized office. Due to economic downturn it was not viable to continue the
endeavor of locating new office space. With industry activity increasing, we are looking to retain
occupancy in the temporary office trailer for another two years to adequately accommodate the
current work staff, while resuming our efforts to find a larger, permanent office complex.
We would like to amend the above-mentioned condition which limits the "maximum allowable
time length of the Special Use Permit for Temporary Employee Office to one (2) years" and
request approval to extend the time f~me an additional two years, as well as continuing the
use of the existing water supply system. *In discussion with Molly regarding the allowable time length,
we determined that 5 years from the expectant approval of modification of the condition, be established.
Upon receipt of this letter, I am to receive publication notice information and postings from you
and then notice by publication, notice to adjacent property owners and a scheduled hearing
before the Board of County Commissioners are to ensue.
EnCana looks forward to a favorable decision by the Board, in anticipation of consent to the
above change to the condition of approval. Thank you for your time and efforts with regard to
this matter.
( Sinjl:uj~.>r:/~._. ~usch
Permit Coordinator
Cc: Fred Jarman, Director, Building and Planning Dept.
David Grisso, Operations Field Leader
Brad Ankrum, Operations Field Leader
Doug Rosa, Operations field Leader
Encl: Surface Owner Letter dated January 4, 201 0
GarCo Letter dated January 18, 2010
Adjacent Property Owners List
Garfield County Assessors Map
Vicinity Map
ENCANA,"
EnCana Oil & Gas (USA) Inc.
February 24, 2010
Molly Orkild-Larson I Senior Planner
EnCana Oll & Gas (USA) Inc.
2717 County Road 215, Suite 100
Parachute, co 81635
Garfield County Planning Dept-Rifle Airport Office
0375 County Road 352-Building #2060
Rifle, CO 81650
tel: (970) 285-2825
fax: (970) 265-2691
li?JJ~tSLil_~l§£t!@§D.G?LlliL_t;;_g_m_
RE: Special Use Permit (SUP) Amendment I Temporary Employee Office
Request for Closure to Amendment
Dear Ms. Orkild-Larson:
EnCana Oil & Gas (USA) Inc. (EnCana) is currently in negotiations with the surface owner, American
Soda, LLP (Solvay) with regard to addressing a more pennanent water system. Solvay is willing to
accommodate EnCana in establishing a more permanent system by allowing us to tie into their existing
water system. Solvay is also granting EnCana permission to continue maintaining the temporary office,
in its current state, at its current location. Please reference attached Surface Owner Jetter. Please note
that a new office complex is still an option and one, which EnCana representatives are actively
assembling information at this time.
In addressing the issue of Substantial Change, none of the Substantial Change Characteristics
described in your January 18, 2010 letter (reference attached letter) would be affected by extending the
length of time for our Temporary Employee Office to remain on the property owned by American Soda,
LLP. There would be no need for any substantial modifications, as the use of the Temporary Office will
remain the same.
Lastly, in view of the fact that EnCana is genuinely pursuing a more permanent water system, we would
like you to consider that we have demonstrated adherence to condition 8 of Resolution 2008-49. Thus
this amendment process should be considered closed. Fred Jarman had stated in our January 15, 2010
phone conversation, that if we were to come up with a more permanent water solution, then nothing
more would need to be done, as we would be abiding by the original Special Use Permit condition of
approval.
EnCana looks forward to closure on this subject. Thank you for your time and efforts with regard to this
matter.
Sincere;,
-·7 ' ..
Renlt; ~~s~h
Permit Coordinator
Encl: Surface Owner Letter dated February 22, 2010
GarCo Letter dated January 18, 2010
February 22. 201 U
EnCana Oil & Gas (USA) Inc.
3 70 17'" Street, Sttile 1700
Denver, CO 80202
Rc: EnCana Oil & Uas (USA) Inc. (I:::nCana) Temporary Office Building
American Soda, I..L.P (Solvay)-Surface Owner
Garfield County, Colorado
To Whom ll May Concern:
American Soda, L .. L.P., owner or· the surhtce or a portton or Scctton 34, To1vnship 6
South, Range% West and portions of' Sections 2 and 3 of Township 7 South, Range 'J6
West, agrees to allow EnCana to continue operating a temporary oCilce building on its
surlircc under the following terms and conditions:
I. The temporary office building 1-vill continue to be maintained by EnCana.
2. EnCana will continue to operate the temporary employee otlice building
in <~ccordancc with all applicable Stale and County Jaws and regulations.
We are currently in negotiations with EnCana with regard to a tie-in to our extsl!ng water
system. EnC~ma representatives arc awaiting specific contractor procedures and a cost
estimate. Al this point in time, Solvay does not foresee any problems with a future tie-in
in order to accommodate EnCuna in establishing a more permanent water solution.
American Soda grants EnCana permission to act on its behalf in seeking approval tl·01n
the Garfield County Building and Planning Department for said temporary oftlce
building to remain occupied at its current location.
Please advise if you require additional infonnation in this regard.
Sincerely,
Todd Wi !son
Solvay Plant Manager Parachute
(970) 285-0400
January 18, 2010
Renata Busch
Encana Oil and Gas (USA), Inc.
2717 County Road 215
Parachute, CO 81635
Garfield County
BUILDiNG & PLANNING DEPARTMENT
RE: Special Use Permit Amendment Application to extend the length of time for a
Temporary Employee Office to remain on a property owned by American Soda, LLP
for Encana Oil and Gas (USA), Inc. as approved under Resolution 2008-49.
Dear Renata,
This office is in receipt of the Special Use Permit Amendment Application to change a
condition to extend the allowable time length of the Temporary Employee Office originally
approved under Resolution 2008-4g on a property owned by American Soda, LLP for
Encana Oil and Gas (USA), Inc.
We have conducted a review of the application and determined it to be technically
incomplete. Please provide the following information so that we may continue to process
the application:
1. Submit a written narrative of proposed amendment(s) which includes how the requested
amendment does not result in a substantial change defined as follows:
Substantial Change. A change to and existing approved land use resulting in one or more of
the following:
1. A change in land use category.
2. A change in site design which increases:
a. The number of dwelling units.
b. The maximum square footage of structures less than 10,000 sq. ft. over 100% and
structures over 10,000 sq. ft. by 10% if a maximum has been specified in e permit or
approval.
c. Projected traffic such that a highway access permit or an amendment to a highway
access permit is required as
a result of the change.
d. The size of the land which is the subject of the permit or approval.
3. A change in land use which creates or increase the incompatibility of the use.
Once you have adequately addressed this issue, the Director shall make a determination as to
whether the proposed change constitutes a substantial modification to the condition of approval
contained in the Resolution of Approval and a staff report will then be prepared. If the Director
detennines that the change does not constitute a substantial change to the approved Major Impact
1
108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601
(970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470
Review permit, the Director shall set a public hearing before the Board of County Commissioners
for an amendment to a condition of approval in a resolution of approval
Do not hesitate to contact me if you have any questions.
Sincerely,
Molly Orkild-~arson, AICP, RLA
Senior Planner
970.625.5903
2
1111 W~o ~~f'IJ,',MJl,~!,tJM, ,1-11\~rfli(.l\l'~,t~~~.lm·:l.~·~ IIIII
ReceptionU: 746654
04/16!2008 04,12:11 PM Jean Alberico
I of 4 Rec Fee:$0.00 Doc Fee:D.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 Courthouse, in Glenwood Springs on,
Monday, the 7fu day of April A.D. 2008, there were present:
,.Jo,hn""-'M=art"-""in'--~~~~~~~~~~-' Commissioner Chairman
~L,.,arryeu-.,M""c"C"'o~wn""-~~~~~~~~-~-• Conunissioner
_,.T_,_,re,s'-i H~o""'up,_t'--~-~--~~~~~~-• Commissioner
,-D"'o""n-"D"'e"'F-"o"'rd"----~~~~~~~~~-• County Attorney
~Je"'an~A-"l~b,er~ic~o'--~~~~~~-~~~-·· Clerk of the Board
"'E"'d_,Gr=ee.,n"--~~~~~~~~~~~~ County Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 2008-49
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE
PERMIT APPLICATION FOR A INDUSTRIAL SUPPORT FACILITY FOR A
TEMPORARY OFFICE LOCATED IN THE NW Y. OF THESE Y. OF SECTION 34,
TOWNSHIP 6 SOUTH, RANGE 96 WEST, COUNTY OF GARFIELD, COLORADO
WHEREAS, the Board of County Commissioners of Garfield County, Colorado ("Board"),
has received an application from American Soda, LLP for a Special Use Permit ("SUP") to allow for
an Industrial Support Facility for a Temporary Office within the Resource Lands (Gentle Slopes &
Lower Valley Floor) zone district located approximately 3 miles northwest of Parachute in CR 215
described as the following:
Installation of a 60' X 42' Temporary Employee Office to be located in the parking
area of the American Soda property which includes three modular units together
having 10 office spaces, 2 accessible bathrooms, conference room, small kitchen and
storage rooms. These units are certified by the State of Colorado Division of Housing
and are rated I!S R2 for non-residential use with a. certification #00525. Applicant
proposes that this use of this office is temporary only for a period not to exceed two
years. As such, water and waste water are proposed to be if a vault and haul scenario.
WHEREAS, the Board held a public hearing on the 7fu day of April, 2008, upon the question
of whether the above described SUP should be granted or denied, at which hearing the public and
interested persons were given the opportunity to express their opinions concerning the approval of
said special use pe1mit; and
1
1111 ~ll\l~1ilJ\\HJ~.~f.~,,~r.W~ntl'\l t~H.II"1•:1 m·~ IIIII
ReceptionH: 746654
04/1612006 04:12:11 PM Jean f:'!lberico
2 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
WHEREAS, the Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determination of fact as listed below:
L Proper posting and public notice was provided as required for the meeting before the
Board of County Commissioners.
2. The meeting 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. The above stated and other reasons, the proposed special use permit has been determined
to be in the best interest of the health, safety, morals, convenience, order, prosperity and
welfare of the citizens of Garfield County.
4. The application has met the requirements of Special Use (Sections 5:03, 5:03:07, 5:03.08
and 9:03) the Garfield County Zoning Resolution of 1978, as amended.
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that Special Use Permit is hereby approved subject to compliance with all ofthe
following specific 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 tl1e Board.
2. That the operation of the facility be done in accordance with all applicable federal, state, and local
regulations governing tile operation of this type of facility.
3. The Applicant shall comply witil all standards as set forili in §5.03.08 "Industrial Performance
Standards" of tile Garfield Couoty Zoning Resolution of 1978 as amended and included here as
follows:
a) Volume of souod generated shall comply with tile standards set forth in tile Colorado
Revised Statutes.
b) Every use shall be so operated that tile ground vibration inherently and recurrently
generated is not perceptible, without instruments, at any point of any boundary line of tile
property on which tile 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.
2
IIIII ~ ~~P'!J1,',M!Ll'W\,~d~~~i.MII.!IH,\Pil',m·~ IIIII
Receptionn: 746654
04/16/2008 04·12: 11 PM Jsan Alberico
3 of 4 Rec Fee:$~_00 Doc Fee:0.00 GARFIELD COUNTY CO
d) Every use shall be so operated that it does not emit heat, glare, radiation or fumes which
substaotially interfere with the existing use of adjoining property or which constitutes a
public nuisance or hazard. Flaring of gases, alrcmft 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.
e) Storage of flanunable or explosive solids or gases shall not be permitted at this facility.
f) No materials or wastes shall be deposited upon a property in such form or manner that
they may be transferred off the property by any reasonably foreseeable natural causes or
forces.
g) Repair and/or maintenance activities shall not be conducted at the permitted facility.
h) Heavy equipment storage shall not be conducted at the permitted facility.
i) Loading and unloading of vehicles shall be conducted on private property and may not be
conducted on any public right-of-way.
j) Any exterior lighting shall be controlled by a motion sensor, pointed downward and
inward to the property center and shaded to prevent direct reflection on adjacent property.
4. All Special Use Permits for Temporary Employee Offices are subject to all applicable building
code, state and federal permit requirements, fire protection district requirements and fire code
requirements.
5. Water and wastewater systems proposed to service the Temporary Employee Office must comply
with all applicable state and local laws and regulations.
6. Applicants must keep appropriate records, to be provided to the County upon request to
demonstrate that water supplied to a site is from an approved source and that wastewater is
disposed at an approved facility. The operator must conduct monthly tests (or quarterly if an on-
site disinfection system is installed) and maintain records of stored potable water samples specific
for coli form. Any tests indicating coli form contamination must be disclosed to the Garfield
Couoty Board of Health or designee.
7.ln no case shall unsafe water be used for drinking nor shall raw sewage or contaolinated water be
discharged on the ground surface.
8. The maximum allowable time length of the Special Use Pennit for Temporary Employee Office is
one (2) years. Should the use exceed the two year period, the owner shall e required to install
more permanent water
I wastewater services such as well and ISDS.
3
9. The maximum number of occupants permitted under this Special Use Permit for Temporary
Employee Office is 19.
10. The facility shall have a minimum total capacity of 4,500 gallons of potable water storage.
11. The facility shall have a minimum total capacity of 4,500 gallons of sewage and wastewater
storage capacity.
,uti: (] .
Dated this ~day of ~ , A.D. 20QB_.
ATTEST: GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD COUNTY,
COLORA
Upon motion duly made and seconded the for
following vote:
n was
a~ted by the
COMMISSIONER CHAIR J""O""HN~F~. _,_,MAR~""T""IN'-'----------' Aye
COMMISSIONER LARRY L. MCCOWN , Aye
COMMISSIONER 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 haod 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
IIIII rn, N~PiJI,',MH .~!.~JM, .~-ifl~rflli.IW~.r~~.llll.·:l.~·u IIIII
ReceptionU: 746654
04/16/2008 04:12:11 PM Jean Alberico
I of 4 Reo Fee:$0.00 Doc 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 Courthouse, in Glenwood Springs on,
Monday, the 7ili day of April A.D. 2008, there were present:
.,Jo.,hn~M"""artJ""'.n"-------------' Commissioner Chairman
Lany McCown , Commissioner
-"T"-'re,sco_i "'H"'o"'u"'pt"--------------'' Commissioner
.-D"'o"'n'-'D,.-.e,F'-'o"'rd~-----------' County Attorney
,uJe""an"'-"A"l"'b"erc;ic,.o,__ ___________ , Clerk of the Board
'"E"'d_,Gr,_.,.ee,.n~-----------~ County Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 2008-49
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE
PERMIT APPLICATION FOR A INDUSTRIAL SUPPORT FACILITY FOR A
TEMPORARY OFFICE LOCATED IN THE NW Y. OF THESE Y. OF SECTION 34,
TOWNSHIP 6 SOUTH, RANGE 96 WEST, COUNTY OF GARFIELD, COLORWO
WHEREAS, the Board of County Commissioners of Garfield County, Colorado ("Board"),
has received an application from American Soda, LLP for a Special Use Permit ("SUP") to allow for
an Industrial Support Facility for a Temporary Office within the Resource Lands (Gentle Slopes &
Lower Valley Floor) zone district located approximately 3 miles northwest of Parachute in CR 215
described as the following:
Installation of a 60' X 42' Temporary Employee Office to be located in the parking
area of the American Soda property which includes three modular units together
having 10 office spaces, 2 accessible bathrooms, conference room, small kitchen and
storage rooms. These units are certified by the State of Colorado Division of Housing
and are rated as R2 for non-residential use with a certification #00525. Applicant
proposes that this use of this office is temporary only for a period not to exceed two
years. As such, water and waste water are proposed to be if a vault and haul scenario.
WHEREAS, the Board held a public hearing on the 7ili day of April, 2008, upon the question
of whether the above described SUP should be granted or denied, at which hearing the public and
interested persons were given the opportunity to express their opinions concerning the approval of
said special use permit; and
1