HomeMy WebLinkAbout2.0 NTC letter 11.23.10November 23, 2010 Aleta Powers ERO Resources 29844 Stingley Gulch Road Hotchkiss, CO 81419 apowers@eroresources. com Garfield County BUILDING & PLANNING DEPARTMENT Reference: Limited
Impact Application -Hunter Mesa Compressor Station Garfield County File Number LIPA-6627 Dear Aleta; The Department of Building and Planning received submittal of the above referenced
application on October 20, 2010 for technical completeness review. Though the submittal is very comprehensive and well put together there are several items required by the Garfield County
Land Use Resolution of 2008 (ULUR), as amended, that have not been satisfied. Please respond to the following items: Please respond to the following items: 1. The application states
that the request is for a 'Compressor Station' and 'Storage'. Based upon our discussions there is no need for a particular permit to be issued for the use of storage so long as the storage
on the site is an accessory use to the Compressor Station. Please revise the application form and project description for clarity. 2. Section §4-502 C.3. lists the required components
for a "site plan", including legal description, etc. (see code for detail). That site plan is then attached to the Resolution to graphically describe the approvals granted. Though the
submitted existing conditions map are helpful, as is the Kahuna Ventures Plant Layout plot plan, we will need an official site plan that incorporates all of the improvements on the 5.19-acre
site (it appears that the submitted drainage plans function best as the site plan, with the addition of other required items). Descriptive items such as size of the enclosures and building
height would be included on the site plan (this is included in the narrative but should also be shown on the site plan.) 3. It is not clear that Barbara J. Morris has the authority to
sign the Surface Facility Easement with Antero Resources Pipeline Corporation. The Certificate of Limited Partnership of B.J.M. Ltd. In paragraph 15 provides "[u]nder the provision of
Article of Limited Partnership ... any one or more of such general partners are authorized to execute any and all documents necessary to convey or transfer title to any such [partnership]
asset, subject to Article IX of the Articles." Since we do not know what is in Article IX of the Articles of Limited Partnership, we do not know if there are any limitations placed on
Ms. Morris's authority to encumber real property. ;e either ~..(£ I 08 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 "''£..~.. ~ "JV (970) 945-8212 • (970) 285-7972 • Fax: (970)
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need the Articles of Limited Partnership of B.J.M. Ltd., or we need a recorded Statement of Authority per C.R.S. § 38-30-172 demonstrating Barbara J. Morris has authority to act on behalf
of B.J.M. Ltd. 4. Applicant provided an unrecorded Statement of Authority from Antero Resources Pipeline Corporation that Mark Mauz had authority to enter into the Surface Facility Easement.
(Also, although notarization is not required, it is worth noting that the notarization is deficient.) We need a recorded Statement of Authority for Mr. Mauz. 5. The Statement of Authority
for Alvyn Shupp must be recorded. The same issue with notarization occurs on this document. 6. The County requires a representation from an authorized representative of Antero that it
will comply with the conditions in the Surface Facility Easement. We've accepted such representations in the past as outlined below: "Company name will comply with all the terms and
conditions associated with the company's right to [identify permitted activity, e.g. lay pipelines] as set forth in the following documents: [explicitly list all the easements, grants
and surface use agreements, preferably including the reception#]." 7. Please provide a list of the Air Quality Permits COP HE will require of this site. Section 4.6 of the EIS states
that permits are necessary but does not include a list or description. The Code requires that an application provide the necessary information in order to be determined complete within
60 days of the date of the 'technically incomplete' letter. I would not anticipate that this would be an issue but I did want to let you know. Please feel free to contact me with any
questions regarding the submittal requirements. Sincerely, Cc: Phil Vaughan File