HomeMy WebLinkAbout1.0 ApplicationSPECIAL USE PERMIT
APPLICATION
Centralized E &P Waste Management
Facility
GARFIELD COUNTY
COLORADO, USA
WAGON WHEEL CONSULTING
111 E. Third St, Suite 213
Rifle, CO 81650
(970) 625 -8433
GARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 201
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.gartield- county.com
Special Use Permit
GENERAL INFORMATION
(To be completed by the applicant.)
Street Address I General Location of Property: Parcel # 217919300128
Lot 3 Approximately one mile southeast of the Garfield County Airport
Legal Description: South 1/2, Section 19, Township 6 South, Range 92
West, Sixth Principle Meridian
Existing Use & Size of Property in acres: Range land, 8.48 acres
Description of Special Use Requested: Construction and operation of a
Centralized Exploration and Production (E&P) Waste Facility per the
Colorado Oil and Gas Conservation Commission (COGCC) Rule 908.
Zone District: 94 A2 e D
Name of Property Owner (Applicant): EnCana Oil & Gas (USA) Inc.
Address: 2717 County Road 215 Suite 100 Telephone: 970 - 285 -2600
City: Parachute State: CO Zip Code: 81630 FAX: 970 -285 -2636
Name of Owner's Representative, if any (Attorney, Planner, etc):
Wagon Wheel Consulting, Inc.
Address: 111 East 3rd Suite 213 Telephone: 970- 625 -8433
City: Rifle State: CO Zip Code: 81650 FAX: 970 -625 -8435
STAFF USE ONLY
Doc. No.: Date Submitted: TC Date:
Planner: Hearing Date:
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.
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.
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.
4. Submit a vicinity map showing slope / topography of your property, for which a
U.S.G.S.
1:24,000 scale quadrangle map will suffice.
5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map
showing all
mineral rights owners of the subject property and public and private landowners adjacent
to
your property (which should be delineated). In additional, submit a list of all property
owners
and their addresses adjacent to or within 200 ft. of the site. This information can be
obtained
from the Assessor's Office.
6. Submit a copy of the deed and a legal description of the subject property.
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.
8. Submit an 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.
(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;
(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;
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.garfield-county.com/building_and_planning/index.htm, or information can be
obtained from this office
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.
II. PROCEDURAL REQUIREMENTS
(The following steps outline how the Special Use Permit Application review process
works in
Garfield County.)
1. Submit this completed application form, base fee, and all supplemental
information to the
Garfield 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.
5. 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
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
whi rrect an ccur to to the best of my knowledge.
(Signature of applicant/owner) Last Revised: 11/07/2002
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(shall be submitted with application)
GARFIELD COUNTY (herinafter COUNTY) and EnCana Oil & Gas (USA) Inc.
(herinafter APPLICANT) agree as follows:
APPLICANT has submitted to County an application for Special Use Permit to Construct a
Centralized E &P Waste Management Facility (hereinafter, THE PROJECT).
l . APPLICANT 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.
2. APPLICANT 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. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to
thereafter permit additional costs to be billed to APPLICANT. APPLICANT 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
•onsulting 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, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY
for the processing of the PROJECT mentioned above. APPLICANT 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
APPLICANT
Date: `%'. -i -0
7.#1 y
Print Na1ne
Mailing Address: 2717County Road 215, Suite 100
Parachute, CO 81635
r. r,.r, d A r „ 4 , 715) t
APPLICATION TO AMEND,WATER LEASE FROM
WEST DIVIDE WATER CONSERVANCY DISTRICT
APPLICANT INFORMATION
Name: EnCana Oil & Gas (USA) Inc.
Mailing address: 370 17'h Street Suite 1700
Denver CO 80202
Telephone: 720.876.5059
Authorized anent: Tim Baer
2. WATER COURT CASE #
3. USE OF WATER
0 RESIDENTIAL (check applicable boxes)
0 Ordinary household use Number of dwellings:
O Subdivision: No, constructed units: No. vacant lots:_
0 Home garden/lawn irrigation of sq. ft.
Method of irrigation: 0 flood 0 sprinkler 0 drip 0 other
D Non - commercial animal watering of animals
CJ Fire Protection
Well Sharing Agreement for multiple owner wells must be
.submitted,
COMMERCIAL (check applicable boxes)
Number of units: Total sq. ft. of commercial units:
Description of use:
O INDUSTRIAL
Description of use: Drilling and Completion of Oil
Gas wells located in Garfield County, Colorado
Evaporation: Maximum water surface to be exposed: 15%
Description of any use, other than evaporation, and method of
diversion rate of diversion and annual amount of diversion of any
water withdrawn from the pond:
O MUNICIPAL
Description of use:
4. SOURCE OF WATER
Structure: n/a
Structure Name:
Source: 0 Surface ❑ Storage 0 Ground water
Current Permit it (if applicable)
Direct Pumping: Tributary: Loesch Crane Ditch
Location: Airport /Mamm Creek Exit
1CATION OF STRUCTURE
N/A
'ounty Quarter /quarter Quarter
Contract #010628BP(b)
Map #402
Date Activated 6128101
Dates Amended 7/27/02, 5/20/03
2/19/04, 2/23/05
Section Township Range Princi!Xlt Meridian
Distance of well from section lines
Elevation
Well location address: N/A
(Attach additional pages Jiir multiple structures]
6. LAND ON WHICH WATER WILL BE USED
(Legal description may he provided as an attachment.]
Number of acres in tract: See Attached
Inclusion into the District, at Applicant's expense, may be
equired.
7. TYPE OF SEWAGE SYSTEM
CI Septic tank/absorption leach field Q Central system a Other
District name:
8. VOLUME OF LEASED WATER NEEDED IN ACRE
FEET: 2504 (minimum of 1 acre foot)
iq merzc4 rarrr 356 a }o •a 5 D,Q.'
Leased amount based urr dirersiu»s unless cnratractee has cn7
augmentation plan or submits supporting monthly ell, ineering
data. Commercial, municipal, and industrial users mast provide
diversion and consumptive data on a monthly- basis.
.4 Iwuli= ingiloty meter ti iih remote readout i.s' required to he
installed and usage reponed to t1'esi Divide.
Applicant expressly acknowledges it has had the opportunity to
review the District's form Water Allotment Contract and agrees
this application is made pursuant and subject to the leans and
conditions contained therein.
Application D
"ftripficanl Siana[ure
2 -7 -2005
L142plicaru SierMrC
DALE APPROVED: r9 U a
WEST DI
By:
Attest:
Ff
T6S R93W
',ection 21 -24, 25 -28, 33 -36
i-7S R93W
Sections 1.4, 9 -12, 13 -16, 21 -24, 25 -28
T6S R92W
Sections 27 -30, 31 -34
T7S R92W
Sections 3-6, 7 -10, 15 -18, 19 -22
March 29, 2004
Ms. Connie Heath
EnCana Oil & Gas (USA) Inc.
950 17' Street
Suite 2600
Denver, Colorado
Re: Airport Land Partners Parcel
Dear Ms. Heath:
PowerSIte,3 ur ItIfl Atrp.,,k
312 Aspen Airport Business Center
Suite A • Aspen. Colorado 81611
Telephone 970.544.5150
Fncsimide 970.5.14.5151
1- 1188-Fi l F L E54
www. RineNOWCon,
This letter constitutes the agreement between Airport Land Partners Limited, a Colorado
limited partnership ( "ALP "), and EnCana Oil & Gas (USA) Inc.( "EnCana ") with respect to that
certain parcel of real property comprising approximately 88 acres located in Garfield County,
Colorado, as more particularly described on Exhibit "A" attached hereto (the "Property ").
ALP will sell and convey the Property to EnCana on the following terms and conditions:
1. Purchase Price. The Purchase Price for the Property shall be U.S.; payable
by EnCana to ALP at Closing (as hereinafter defined).
2. Closing. The closing of the purchase of the Property shall occur on or before
April 7, 2004 (the "Closing "), at which time EnCana shall deliver to ALP the Purchase Price in
the form of a cashier's check or wired funds transfer, and ALP shall convey the Property to
EnCana by delivery of a General Warranty Deed conveying the Property free and clear of all
taxes except the general taxes for the year of Closing. Any encumbrance required to be paid
shall be paid at or before Closing from the proceeds of this transaction or from any other source.
Real estate taxes for the year of Closing, shall be prorated to the Closing Date based on the most
recent mill levy and most recent assessment. EnCana shall pay their respective Closing costs,
and any fees for real estate closing services shall be paid one -half by EnCana and one -half by
ALP.
3. Conditions to Closing.
(a) On or before April 5, 2004, ALP shall cause to be furnished to EnCana, at
ALP's expense, a current commitment for owner's title insurance in an amount equal to the
Purchase Price. The title insurance commitment shall commit to delete or insure over the
standard exceptions relating to (1) parties in possession, (2) unrecorded easements, (3) survey
matters, (4) any unrecorded mechanics' lines, (5) gap period (effectivetdate of commitment to
date deed is recorded), and (6) unpaid taxes, assessments and unredeemed tax sales prior to the
year of Closing. ALP shall also cause to be furnished to EnCana copies of any other documents
listed in the schedule of exceptions. The title insurance commitment and copies of documents
furnished pursuant to this provision constitute the "Title Documents."
(b) EnCana must be reasonably satisfied with the merchantability of title and
any other title conditions shown by the Title Documents. Within two business days of its receipt
of the Title Documents, EnCana may give ALP written notice of unmerchantability of title or
unsatisfactory title conditions ( "Title Conditions "). If EnCana gives notice of Title Conditions,
ALP shall use reasonable efforts to correct the Title Conditions prior to Closing. If Title
Conditions are not corrected prior to Closing, EnCana may terminate this Agreement or EnCana
may waive its objections and proceed with Closing.
4. Post Closing Covenants. ALP's conveyance of the Property shall be subject to the
following:
(a) EnCana shall use the Property for oil and gas exploration and production
only. This covenant shall not be binding on EnCana's successors and assigns; provided,
however, the Property shall not be subdivided in parcels of less than 35 acres each.
(b) No hunting shall be permitted on the Property.
(c) Access to the Property shall be on a road (the "Access Road ") built
pursuant to an alignment agreed by the parties and maintained by EnCana, in accordance with
that certain access agreement between the parties, a copy of which is attached hereto as Exhibit
"B." EnCana shall observe Bureau of Land Management standards in such construction and
maintenance, including re- vegetation.
(d) In construction and maintenance of the Access Road, EnCana shall
preserve and protect the two water lines which the Access Road crosses, ensuring that the road
elevation is such that vehicles on the Access Road will not in any way damage the water lines
(e) EnCana will mitigate noise and lighting on the Property for any oil and
gas drilling or operations.
(f) At the point where the Access Road enters the Property, EnCana shall
provide a gate, which during hunting season shall be locked.
(g) ALP makes no warranty or representation whatsoever regarding the
condition of the property or its suitability for use. Encana has relied on its own investigation,
analysis and legal survey of the property, including all matters relating to soils, geophysical
condition, water availability, zoning and other legal matters, including discrepancies, conflicts of
boundary lines, shortage in area, encroachments, and any facts which a correct survey and
inspection of the premises would disclose and which are not shown by the public records.
(h) The covenants provided in this Paragraph 4 shall survive the Closing and,
except for covenant (a), shall be binding on the parties and their assigns or successors -in- interest.
This agreement is entered into as of March 29, 2004, and may be executed in counterpart
originals which taken together shall constitute the agreement of the parties.
Airport Land Partners Limited
By Airport Busine , P. k orpt .Lion
By
Robert A. oward. Pr-ident
EnCana Oil & Gas (USA) Inc.
By ` 26?"--
oelS.Fox
Attorney -in -Fact
•
Exhibit "A"
LEGAL DESCRIPTION
•
Township 6 South, Range 92 West
Section 19: Lot 3 and NWSE containing 88.42 acres.
Eximloit "B"
EAST AND RIGHT -OF -WAY AGREEMENT
THISEASEMENT AND RIGHT- OF- WA YAGRWvIENT, dated effective March 28,
2004, is made by and between Airport Land Partners Limited, lowed at 312 Aspen Airport Business
Center, Suite A, Aspen, CO 81611-2568 ( "GRANTOR') and EnCana Oil & Gas (USA) Inc., located at
950 17th Street, Suite 2600, Denver, Colorado 80202 ( "GRANTEE ").
W1`I'NESSETH:
For and in consideration of the sum of Ten Dollars ($10.00) in hand paid and other valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant,
bargain, convey and confirm unto Grantee, the following.. .. __
A ACCESS EASEMENT: A non - exclusive easement and right-of-way to construct, maintain, and
remove an access road for ingress and egress across the lands identified on .Exhibit "A" attached
hereto and made a part hereof for the purpose of drilling and completing one or more wells on
leasehold owned by Grantee. Said access easement shall be approximately forty feet (45') in
width, with a sixteen (16') foot travel surface. Grantee has the right to use an additional thirty
feet (30') of land as temporary workspace as Grantee determines necessary to the exercise of the
rights granted herein.
B. PIPELINE RIGHT -OF -WAY: An easement and right -of -way to construct, lay, maintain,
operate, alter, replace remove one gas pipdine and one water pipeline including but not limited to
valves, regulators, meters, separators, purification equipment and pipeline with fittings,
appliances, and appurtenant facilities. The pipdine shall be used for the transportation and
processingof oil, natural gas, petroleum products or any other liquids, gases or substances which
can be transported through a pipeline and for other purpose. The approximate pipdine route is
depleted on Exhibit "B" attached hereto and made a part hereof. Said easement and right of way
shall be fifteen feet (15') in width, being seven and one half feet (7.5') on each side of a center line
of the right -of -way. During the period of pipdine construction, Grantee shall have the right to
use an additional strip of land forty feet (40') in width along and on either side of the easement
and right of way described in this paragraph, except where Grantee's activities will interfere with
irrigation ditches, streams or creeks. Grantee shall bury the pipeline with a minimum of 36 inches
(36') of soil from the top of rhep iodine to the normal surface of the ground. The affected areas
shall be recontoured and reseeded with species which areconsistent to adjacent, undisturbed areas
upon completion of pipdine construction to prevent erosion. Grantee shall be permitted to cut
all undergrowth and other obstructions that may injure, endanger or interfere with the use of said
pipeline.
The lands that are the subject of the above described access easement, pipeline easement and right-of-way
are hereinafter referred to as "Subject Lands." Grantor reserves the right to the full use and enjoyment of
the Subject Lands except for the purposes herein granted.
The foregoing rights and privileges of Grantee areflrrther conditioned upon the folbwing
z
I. DAMAGES: Grantee shall either repair and/or pay Grantor for damages (if any) caused by its
operations on the Subject Lands relative to growing crops, buildings, ditties, fences and livestock of
Grantor or Grantor's surface lessees. Grantee shall not alter the natural flow of any creeks, streams,
or irrigation ditches relative to the Subject Lands.
2. MAINTENANCE The access road shall be maintained by Grantee in accordance with Bureau of
Land Management standards.
3. GRANTOR'S DUTIES AND OBLIGATIONS Grantor shall have the right to use and enjoy the
above - described premises, subject to the rights herein granted. Grantor shall not interfere with or
impair or permit others to interfere with or impair in any way theexercise of the rights herein granted
to Grantee, and Grantor shall not build, construct, or permit to be built or constructed, any structure
or obstruction, or impound water or other substance, or change the grade on or over said road;
provided, however, at such tirneas Grantor undertakes development of the property adjacent to and
including the Subject Lands, Grantor shall have the right, at Grantor's expense, to provide Grantee
with an alternate legal access, equivalent in grade and surface, in which event the access provided in
this Agreement shall be abandoned.
4. LIABILITY OF THE PARTIES: Grantee covenants and agrees to fully defend, protect, indemnify,
and hold harmless Grantor, its partners, employees and agents, from and against each and every claim,
demand or cause of action and liability, cost and/or expense (including but not limited to reasonable
attorney's fees and costs incurred in defense of Grantor, its offiicers, directors, employees and/or
agents), for damage or loss in connection therewith, which may be made or asserted by Grantee,
Grantee's partners, employees and/or agents, or which may be asserted by any third party , on
account of personal injury or death or property damage caused by, arising out of, or in any way
incidental to, or in connection with Grantee's use of the Subject Lands or the rights granted hereunder,
except to the extent such dam%.c or injury results from the actions of Grantor, its partners,
employees, contractors, or agents. Where personal injury, death, or loss of or damage to property is
the result of the joint actions of Grantor or its partners, employees, contractors, agents and Grantee,
Grantee's duty of indemnification shall be in proportion to its allocable share of such action.
5. DRUGS, ALCOHOL AND FIREARMS: Grantee shall not allow the use or possession of illegll
drug;or other unlawful substances or alcohol or firearms by Grantee or its contractors, sub-
contractors, agents, business invitees or other visitors while on the Subject Lands or adjacent lands.
6. HUNTING AND FISHING: No hunting, trapping or fishing is permitted on the Subject Lands or
adjacent lands and no such rights are granted by this Agreement.
7. GOVERNING LAW: This Agreement and all matters pertaining hereto, including, but not limited to,
matters of performance, non - performance, brcach, remedies, procedures, rights, duties and
interpretation or construction, shall be governed and determined by the laws of the State of Colorado.
S. MISCELLANEOUS: This Agreement contains the entire agreement between Grantor and Grantee
and any prior oral representations or understanding concerning this Agreement or its subject matter
shall be of no force and effect.
This Agreement is subject to a[1 contracts, leases, liens, easements and encumbrances or claims of title
which may affect the Subject Lands and nothing contained herein shall be construed as a covenant or
warranty against theexistence of any thereof.
The terms and provisions of this Agreement shall extend to and be binding upon the parties and their
successors and assigns
IN WITNESS WHEREOF, the parties have executed this Easement and Right-of-Way Agreement
the day and year indicated below but effective on thedatefirst set forth above.
GRANTOR:
Airport Land Partners Limited
By Airport Business Park Corporation, General Partner
//1/041.
o �'ar , 'resident
Date:
GRANTEE:
ENCANA OIL& GAS(USA) INC.
By:
Date
C
oel5. Fox
Attorney -in -Fact
')/Xe)
ACKNOWLEDGEMENTS
STATE OF COLORADO
COUNTY OFF..D )
The foregoing instrument was acknowledged before me on this ? day of jpr i 2004 by
Robert A. Howard, President of Airport Business Park Corporation, the & neralpartn: of Airport Land
Partners Limited, on behalf orsaid limited partnership.
Notary PubW
M y Commission Expires: Si/0-7
STATE OF COLORADO
CITYAND COUNTY OF DENVER )
The foregoing instrument was acknowledged before me on this 30 day of.efav4, 2004 by
Joel S. Fox, Attorney -in -Fact for ENCANA OIL & GAS(USA) Inc., a Delaware corporation, on behalf
of said corporation.
My Commission Expires:/ .sc zG r
Notary Public
Page 1 of 1
Richard Wheeler
From: Jan Shute
Sent: Tuesday, October 11, 2005 4:03 PM
To: Richard Wheeler
Subject: FW: Encana E &P waste for 10 -12 planning commission
I looked at the new information provided; looks like there are still issues.
The amendment of the application materials (to the NW1/4 of SE1/4) doesn't look like that answers the problem.
The Survey shows the project going across the southern 1/2 of the section. So they can't just amend the
application materials unless they're again going to say that the surveyor was wrong.
The easement is for the purpose of "drilling and completing one or more wells on leasehold owned by grantee ".
Don't think that the requirement for the COGCC permit was included as a condition of approval ?? Maybe I just
missed it ? ? ? ??
Original Message
From: Jan Shute
Sent: Wednesday, September 21, 2005 10 :37 AM
To: Richard Wheeler
Cc: Carolyn Dahlgren
Subject: Encana E &P waste for 10 -12 planning commission
Richard, I took a look at the referenced information and have the following comments:
The deed provided by Encana appears to have inconsistent descriptions of the land it grants. (The specific
description shows a '/ of a 1/4 section and lot 3, the aka street address lists the whole section). So it is not
completely clear, but it appears the deed does not cover the land on which this project is proposed to be built. It
may be that Jimmy needs to contact the Encana land man to get the deeds that show ownership of the entire '/2
section as is described in the application unless they can explain how the deed provided shows ownership of all
the land under the proposed project.
The assessor's records they provide shows the parcel they own does not house the project. The arrow for the
project goes to property listed in the assessor's records as being owned by someone named Brynildson. Has
Encana purchased the Brynildson property?
The driveway permit shows them coming off CR 333 just south of 352. It looks like their access goes across
other's property, don't we need information from Encana that they have the easements for access? Don't see
that any has been provided.
There's a performance bond provided but I seem to remember that COGCC requires a permit for E & P waste. If
so, I don't see it in the information provided by Encana.
No notice information was provided, so that review has not been completed.
Jan Shute, Asst County Attorney
970.945.9150
10/12/2005
Page Iof1
Richard Wheeler
From: Richard Wheeler
Sent: Monday, September 26, 2005 9:06 AM
To: 'Jimmy Smith'
Subject: FW: Encana E &P waste for 10 -12 planning commission
Jimmy
This is an early review by the legal department prior to the meeting. It would be good to get these issues taken
care of before the PC meeting.
Thanks
Richard Wheeler
Original Message
From: Jan Shute
Sent: Wednesday, September 21, 2005 10:37 AM
To: Richard Wheeler
Cc: Carolyn Dahlgren
Subject: Encana E &P waste for 10 -12 planning commission
Richard, I took a look at the referenced information and have the following comments:
The deed provided by Encana appears to have inconsistent descriptions of the land it grants. (The specific
description shows a Y4 of a %4 section and lot 3, the aka street address lists the whole section). So it is not
completely clear, but it appears the deed does not cover the land on which this project is proposed to be built, It
may be that Jimmy needs to contact the Encana land man to get the deeds that show ownership of the entire '/2
section as is described in the application unless they can explain how the deed provided shows ownership of all
the land under the proposed project.
The assessor's records they provide shows the parcel they own does not house the project. The arrow for the
project goes to property listed in the assessor's records as being owned by someone named Brynildson. Has
Encana purchased the Brynildson property?
The driveway permit shows them coming off CR 333 just south of 352. It looks like their access goes across
other's property, don't we need information from Encana that they have the easements for access? Don't see
that any has been provided.
There's a performance bond provided but I seem to remember that COGCC requires a permit for E & P waste. If
so, I don't see it in the information provided by Encana.
No notice information was provided, so that review has not been completed.
Jan Shute, Asst County Attorney
970.945.9150
10111/2005
Page 1 of 1
Richard Wheeler
From: Jan Shute
Sent: Wednesday, September 21, 2005 10:37 AM
To: Richard Wheeler
Cc: Carolyn Dahlgren
Subject: Encana E&P waste for 10 -12 planning commission
Richard, I took a look at the referenced information and have the following comments:
The deed provided by Encana appears to have inconsistent descriptions of the land it grants. (The specific
description shows a Y4 of a 1/4 section and lot 3, the aka street address lists the whole section). So it is not
completely clear, but it appears the deed does not cover the land on which this project is proposed to be built. It
may be that Jimmy needs to contact the Encana land man to get the deeds that show ownership of the entire'/
section as is described in the application unless they can explain how the deed provided shows ownership of all
the land under the proposed project.
The assessors records they provide shows the parcel they own does not house the project. The arrow for the
project goes to property listed in the assessor's records as being owned by someone named Brynildson. Has
Encana purchased the Brynildson property?
The driveway permit shows them coming off CR 333 just south of 352. It looks like their access goes across
other's property, don't we need information from Encana that they have the easements for access? Don't see
that any has been provided.
There's a performance bond provided but I seem to remember that COGCC requires a permit for E & P waste. If
so, I don't see it in the information provided by Encana.
No notice information was provided, so that review has not been completed.
Jan Shute, Ass't County Attorney
970.945.9150
9/26/2005
GARFIELD COUNTY
Building & Planning Department
Review Agency Form
Date Sent: September 21, 2005
Comments Due: October 4, 2005
Name of application: Encana Oil & Gas Waste Facility
Sent to: Garfield County Road & Bridge Dept.
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: Richard Wheeler
109 8th Street, Suite 301
Glenwood Springs, CO 81601
Fax: 970- 384 -3470
Phone: 970- 945 -8212
General Comments: Garfield County Road & Bridge Department has no objection to this
special use permit request with the following conditions.
All vehicles involved in the construction of the facility abide by Garfield County Road &
Bridge Department oversize /overweight requirements if they exceed the legal size and
weight for our road system. All vehicles involved in the construction and the hauling of
waste material to the site will follow approved haul routes as established by Garfield_
County Road & Bridge Department.
If there is concern that contaminated material may be spread from the load out point to
the waste facility there may be reason to wash trucks before hauling on County roads and
possibly before leaving the waste facility.
A stop sign shall be placed on the access road to the facility at the entrance to Cr. 333
(Hunter Mesa Road). The sign and installation shall be as required in the MUTCD
(Manual on Uniform Traffic Control Devices), The access was permitted as a well site
entrance and meets all necessary requirements for the new waste facility that would be
required by Garfield County Road & Bridge
Department,
Dust control will be required both during the construction phase and the operating phase
as needed both on Cr. 333 (Hunter Mesa Road) and the road leading to the facility.
Name of review agency: Garfield County Road and Bridge Dept
By: Jake B. Mall Date September 21, 2005
Revised 3/30/00
11111 11111 111111 1110111101111 11101
650315 04/16/2004 03:17P 61378 P389 M RLSDORF
1 of 6 R 31.00 0 0.00 GARFIELD COUNTY CO
EASEMENT AND RIGHT -OF -WAY AGREEMENT
THIS EASEMENT AND RIGHT -OF -WAY AGREEMENT, dated effective .Y? 2004, is made by
and between Airport Land Partners Limited, located at 312 Aspen Airport Business Center, Suite A,
Aspen, CO 81611 -2568 ( "GRANTOR ") and EnCana Oil & Gas (USA) Inc., located at 95017`" Street,
Suite 2600, Denver, Colorado 80202 ("GRANTEE').
WITNESSETH:
For and in consideration of the sum of Ten Dollars ($10,00) in hand paid, and other valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant,
bargain, convey and confirm unto Grantee, the following:
A. ACCESS EASEMENT: A non-exclusive easement and right -of -way to construct, maintain, and
remove an access road for ingress and egress across the lands identified on Exhibit "A" attached
hereto and made a part hereof for the purpose of drilling and completing one or more wells on
leasehold owned by Grantee. Said access easement shall be approximately forty feet (45') in
width, with a sixteen (16') foot travel surface. Grantee has the right to use an additional thirty
feet (30') of land as temporary workspace as Grantee determines necessary to the exercise of the
rights granted herein.
B. PIPELINE RIGHT -OF -WAY: An easement and right -of -way to construct, lay, maintain.
operate, alter, replace remove one gas pipeline and one water pipeline including but not limited to
valves, regulators, meters, separators, purification equipment and pipeline with fittings,
appliances, and appurtenant facilities. The pipeline shall be used for the transportation and
processing of oil, natural gas, petroleum products or any other liquids, gases or substances which
can be transported through a pipeline and for other purpose. The approximate pipeline route is
depicted on Exhibit "B ", attached hereto and made a part hereof. Said easement and right of way
shall be fifteen feet (15') in width, being seven and one half feet (7.5') on each side of a center
line of the right -of -way. During the period of pipeline construction, Grantee shall have the right
to use an additional strip of land forty feet (40') in width along and on either side of the easement
and right of way described in this paragraph, except where Grantee's activities will interfere with
irrigation ditches, streams or creeks. Grantee shall bury the pipeline with a minimum of 36
inches (36 ") of soil from the top of the pipeline to the normal surface of the ground. The affected
areas shall be recontoured and reseeded with species which are consistent to adjaceni,
undisturbed areas upon completion of pipeline construction to prevent erosion. Grantee shall be
permitted to cut all undergrowth and other obstructions that may injure, endanger or interfere
with the use of said pipeline.
The lands that are the subject of the above described access easement, pipeline easement and right -of-
way are hereinafter referred to as "Subject Lands." Grantor reserves the right to the full use and
enjoyment of the Subject Lands except for the purposes herein granted.
The foregoing rights and privileges of Grantee are further conditioned upon the following:
1 111111 11111111111 111111 Ili 111111111111 III 111111111 1111
650316 04/16/2004 03:17P B157B P380 h ALSDORF
2 of 6 R 31.00 D 0.00 GARFIELD COUNTY CO
1. DAMAGES: Grantee shall either repair and/or pay Grantor for damzes (if any) caused by its
operations on the Subject Lands relative to growing crops, buildings, ditches, fences and livestock of
Grantor or Grantor's surface lessees. Grantee shall not alter the natural flow of any credos, streams,
or irrigation ditches relative to the Subject Lands.
2. MAINTENANCE: The access road shall be maintained by Grantee in accordance with Bureau of
Land Management standards.
3. GRANTOR'S DUTIES AND OBLIGATIONS Grantor shall have the right to use and enjoy the
above-described premises, subject to the rights herein granted. Grantor shall not interfere with or
impair or permit others to interfere with or impair in any way theexercise of the rights herein granted
to Grantee, and Grantor shall not build, construct, or permit to be buik or constructed, any structure
or obstruction, or impound water or other substance, or chats the grade on or over said road;
provided, however, at suchtimeas Grantor undertakes development of the property adjacent to and
including the Subject Lands, Grantor shall have the right, at Grantor's expense, to provide Grantee
with an alternate legal access, equivalent in grade and surface, in which event the access provided in
this Agreement shall be abandoned.
4. LIABILITY OF THEPARTIES: Grantee covenants and agrees to fully defend, protect, indemnify,
and hold harries s Grantor, its partners, enipby errs and agents, from and against each and every clam,
demand or cause of action and liability, cost and/or expense (indudingbut not limited to reasonable
attorney's fees and costs incurred in defense of Grantor, its oftcers, directors, empbyees and/or
agents), for damage or loss in connection therewith, which may be made or assorted by Grantee,
Grantee's partners, empbyees and/or agents, or which may be asserted by any thud party, on
account of personal injury or death or property damage caused by, arising out of, or in any way
incidental to, or in connection with Grantee's use of the Subject Lands or the rights granted hereunder,
except to the extent such dame or injury results from the actions of Grantor, its partners,
employ ees, contractors, or agents. Where personal injury, death, or loss of or damage to property is
the result of ihejoint actions of Grantor or its partners, empbyees, contractors, agents and Grantee,
Grantee's duty of indemnification shall be in proportion to its allocable sham; of such action.
5. DRUGS, ALCOHOL AND FIREARMS: Grantee shall not allow the use or possession of illegal
drug or other unlawful substances or alcohol or firearms by Grantee or its contractors, sub -
contractors, agents, business invtees or other vistors while on the Subject Lands or adjacent lands.
6. HUNTING AND FISHING: No hunting, trapping or fishing is permitted on the Subject Lands or
adjacent lands and no such rights are granted by this Agreement.
7. GOVERNING LAW: This Agreement andallmatters pertaininghereto, including but not limited to,
matters of performances non - performance, breach, remedies, procedures, rights, duties and
interpretation or construction, shall be governed and determined by the laws of the State of Colorado.
8. MISCELLANEOUS: This Agreement contains the entire agreement between Grantor and Grantee
and any prier oral representations or understanding concerning this Agreement or its subject matter
shall be of no force and effect.
111111111111111111111111 111 11111111111111111111 1111 1111
650315 04/16/2004 03:17P B1578 P391 11 RL5DORF
3 of 6 R 31.00 D 0.00 GARFIELD COUNTY CO
This Agreement is subject to all contracts, leases, liens, easements and encumbrances or claims of title
which may affect the Subject Lands and nothing contained herein shall be construed as a covariant or
warranty against the existence of any thereof.
The terms and provisions of this Agreement shall extend to and be binding upon the parties and their
successors and assigns
IN WITNESS WHEREOF, the parties have e,o cuted this Easement and Right-of-Way Agjeement
the day and year indicated below but effective on the date fast set forth above.
GRANTOR:
Airport Land Partners Limited
By Airport Business Park Corporation, General Partner
Date //2108.
GRANTEE:
ENCANA OIL & GAS(USA) INC.
By: 713
oel S. Fox
Attorney- in•Fact
Date V4 fo y
1111111 11111 111111 MIN 111 111111 RUM 11111RAE
650315 04/16/2004 03 :17P 81578 P392 M ALSDORF
4 of 6 R 31.00 D 0.00 GARFIELD COUNTY CO
ACKNOWLEDGEMENTS
STATE OF COLORADO )
Pi 4- )
COUNTY OF GARFIELD )
NJ
The foregoing instrument was acknowledged before me on this a day of ri 2004 by
Robert A. Howard, resident ofAirport Business Park Corporation, the gneral partner of Airport Land
Partners LiniitedAbehalf of said limited partnership.
t,
1y.- N tary Pub'
My kkii1,iiCS 7f J f or7
STATE OF COLORADO
)
)
CITYAND COUNTY OF DENVER )
The foregoing instrument was admowladged before me on this 3o i4 day of .44 2004 by
Joel S. Fox, Attorney -in -Fact for ENCANA OIL & GAS(USA) Inc., a Delaware corporation, on behalf
of said corporation.
My Commission Expires.
Notary Public
EXHIBIT A
I NM 11111
650315 04/
5 of 6 R 3
SA /4
C
7/4 C5Aede 24 t'st.
(Set 54,A.
R R
9 9
3 2
W
rlsrport Land Partners LTD.
NI 1/4 SE 1/4
RA= 9EAMMGS NOW;
Been-MO Ofe DOSCG7 1547 S;701755
PopWorliev SOfeildr 015s4rvations.
•e1r016T 19A�i
(7
VP574 7it,7l3. PP
Centerline of Proposed
Rood Righ r-ol- Way
D'777e EZZ
Secteehh LThe - Primed,/ (4he EM
CORNER RE ROM
End R040. StO 4::37775,5
56;(2> +4,r( .'366/ Aram :he
wrs! '/4 SeL,D, !O
W Airport i,a7rut Partners LTD
tce
a -; - • L.,
t;
=")
p 44 kwo,42^511 4
; ■4421:0051 1
177 77.
P43394ht•
P1. 1.54.71. 21
5!
7
Gaincyr
--.424•26•2rc 74 4A'
P.., 74.1.00.,77
N4O31041 SC 50'
4.47.1tiaer
+3-45.51
.J5'0,13'1 5C3r
F pl:;113!;:52•45
p. ‘,44484.th, •
elEGINeWRO PRofosaa
ROAD RICHT-OF-WAY
STA. oro-OO
(Al Crehng Axe;
• Atrporf Land Partners
SE V4 SI 7:4
ser3.5.rw a0 12 (CL 11:1
PR'OPO,!
DC or POD
Raw Rf'/T-Op-1l4 Y
STA ,PermaJo
(Al Seelser 3h6545.55
Ph:wave
•o,AAA.r. Se.hrtry
Se(:•04 54,5 3/474777 1'4'7
to? 4
ROAD RIGHT-0E-WAY LENGTHS
Airport Land Partners LTD. SECTION 24 .= 915.65'
Airport land Partners LTD. SECTION 19 1.729.65.
TOTAL R/W LENGTH
fehr.e, Ceee, 2.12
(1507 C5515 %,"
15.556)
u, 0 . Iv
--r _ r..9
1!I
scALL
LEGEND
= 5Tcrin., o.o,inCRS TcuNa
P.I FEINT or IN TERSECT.014
P.05 L. P01NT 06 sEcl1Cri 11,;L
R/IR - RIGHT-Or-WAY
— • - or?0P5R:hr L.Mr.
AfddrieFST - A 7 (We 5.)
Se
Also. ti
A PRoPa!
srcrroN :
155, 9921
SAID F
rownsrsr
t ErEcaNNoic
F183,0,
EOUTHEAE
TAENCE
LJ.122'45'.32
5551.220 f WEST LINE
DEARS SO
SLCTIGN I
THENCE
63941.33'
0.5-50. 1
7'HENZE IY
vsnr.:rrsirsr
117 57.
N•
54mhEL'.11
CA 504 5
5:1G 45 51
rt131 LINE
310501 91
MEASJ RIC
----
Ohr co.) Jg-
7597 Z45:
54.29•33'1 - 5416 (0L
RE OSLO • P- It5- 04
(CF,c.os Rood Ro.i
PIT ",Jo.,
51,Rve155 85' C4
175.41541171 .97
LA k r-j04
5C.415- 7 • • 3C0
CFA A 04-0071
EXHIBIT B
1111111 11111
650315 041
6 of 6 R
Sec. 24
rz.
(Se
Pipe Bend Paz
ANGLE Pow STATiON ELEVATION
8E65,1_ 0+00 0.03O 5,233•
F!. I 2+64 94 `,725 0'
3.75
AG 57:5.7.
L/4.52 lo 572.0
54-759 56544
1:459 2/' 5575.6
5566 4'
5625 7.
5561.5'
5673.W
PPE SENI)
Pt. 2
iH;, 3
1= I. 4
Pt. 5
PI7
117S53
53.91 55
7.5541
21+85 06
25' RICK
24.8'
57.3' LEFT
2.0 TEFT
16.1' LE=T
15 3' R>41'
1117
4.4- LE,T
RIGHT-OF-WAY LENGTHS
AIRPORT LAND PARTNERS, LTD SECTION 24 882.96'
AIRPORT LAND PARTNERS, LTD SECTION 19 1,30210'
TOTAL RIGHT-OF-WAY LENGTH 2.185.06'
R/W LIMITS 80,1-
StatiCri.
Fr-cm To
Referencc finnts-
Seg., S:n.
P., 11-73.55 Ena au.
11+':9,27
Left 47/ Rig/P' of
35' Cento•lind CdneerAnd
20
35•
•t
6(mS AL T,t tA M fr .hoOVAVD
p0r,•
am
ANtcrporeseLaT
Ppart:7,LD
.n..) 4I 4
...4ia'...? . '' : ;,0t :.1 ,...i . • ta..' : + r6 7 lA 'v'-At,. . i7+ g 7I 1 1.tfi '
/ / ;.. - ;
7.1•., -
--"••••-•".°, III!-
,
NE38-12 4
• ^ -1148,3,24.Z2"E
26 • C z
3'. I gas ■-•.„
\
4-4
Hee: Sto. 0+00 bears CORNER 17E ACTE- 41
NJ935.5,,V 136: fir f'd'n thw
5uenoost or .Cor.,ion 3• r
••S • /
n Cnne of
no- i
C,re■g.
=kw.*
?,\
ENCANA Q.
PROPC
# Sec. 19 l■
• zwo Or
PROPOSED RPEUME-
(5)-54....2ras
) \
r Sect io
In .5
•
11 rpc rt Land
Pa re ner.s. LTD
S"
1 or 3 Welt PO.d
55,4515 (10811E)
ek
,..
.41
ragew ' ?'767
-1 End Slo 27#85.161
zoo.;
56242451 755.25' ro, th&
Wcyf /74 Corner of Sorgon 19
1/75 Sect..? /ere
- •
/ PIPELINE RIGHT-OF
Centerline of .
2
aias a, eLARINCS NOTE
aeofinds basdkf 057 j R/W NWT
SnIndito
(Al 100
\\% s1v,.0.1; .
\\\ 9 9
\\\ 3 2 /1r LtTmLs pc ta
Br W
01 1"90, CV. LS
;1•714.1 reV”IN. 414
15.0
25-o^.• / = 4•42I
A PPELiy. Rif...IT-07 -WAY LOCATED lA THE SE 1/4 CF SEC.
r65. R575, 4.1:1 Ir' V OARrELD COUNTY, GOUIPAOO. 71-1(
ARTICu•_4.RLY OFECRIEJED AS E0.-LOWS:
0000I. A • A 001145 IN THE NE 1/0 3E 1/0 0, SECTON ;
rRuNi 3: 50.0 SEICT,CN 24
THENCE 5874632E 113 56% THENCE ST7'2n.',5'r 40:5.30%
7C A POINT UN ($5' vitS'T LINZ Or THE SW 1/4 04 SECTION
12:40.73' r501/ 11-1E SOJTHAI.S: CORNER 10r SAID SECTION 11
54 58% IHF4Ct: %I:15'24'32"E 217,70-% THENCE N 714 i'54-5
3 77 SAO BECTON 15 WI-fiCH SEARS S52'42.45T:
SET S10%.0 SAYS OF REARruGS Is rHE SAC.' Wf•ST LINE
r105+/. 007 04155 501/I : 15 OMERVATIONS TO REAR NULIT
LEGEND
/ - SECT 04. ;:;../Hr..P."; FO..1NC:
0.1 - PTI NT Cr ,..,'PEPSECT,ON
+OAT CA 540' 01. kiN1
rT./A,
5 = PA/I.- -SLY ow" SIAKE
-. S •
- - JNE
- CRAMAUE
RFOSED 3-7,-fur
(0,Aon1e1 Pr67.4107177
tAF ‘,..ron4414..,,,,C VACA
St.A51,7"10 •••
D•PAI•V
OA re _I-3 54
303LE 2' •-• ;VC'
I54.17 04-0078
PAY
TO THE
ORDER OF
WAGON WHEEL CONSULTING, INC.
111 E. 3RD ST., SUITE 213
RIFLE, CO 81650
(970) 6258433
Garfield County Planning Department
WELLS FARGO BANK, N.A.
WWW.WELLSFARGO.COM
23- 7/1020
7/7/2005
* *400-00
Four Hundred and 00/ 100**************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
MEMO
Garfield County Planning Department
108 8th Street, Suite 201
Glenwood Springs, CO 81601
EnCana SUP - Centralized E&P Waste Facility
AUTHOR, ED SIGNATURE
5755
DOLLARS
8
a
a
0
m
m
53
8
000 75So 1: 10 20000761:696 163455411'