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HomeMy WebLinkAbout1.0 ApplicationENCANA,. North Parachute Ranch Laydown Yards Garfield County Special Use Permit Application December 2008 GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384,3470 www.oarfield-county.com R. CF WED BEL 3 2008 iJti, ,, iiJN1Y 6UILDiNG & PLANNING SPECIAL USE PERMIT Doc. # (..P1 F(oUS GENERAL INFORMATION (Please print legibly) D. Name of Property Owner: EnCana Oil & Gas (USA) Inc. 9 Mailing Address: 370 17th St., Suite 1700 Telephone: (720 ) 876 -3989 9 City: Denver State: CO Zip Code: 81635 Cell: ( 970) 309 -8106 9 E -mail address: brenda.linster@encana.com FAX: (720) 876.4989 9 Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc): > Chris Putnam 9 Mailing Address: 2717 Count Road 215 _ Telephone: ( 970) 285 -2757 9 City: Parachute State: CO Zip Code: 81635 Cell: ( 970) 208 -3409 9 E -mail address: christopherputnam@encana.com FAX: ( 970) 285 -2691 r Description of Special Use Requested: Laydown Yards for storage of supplies and equipment associated with natural gas drilling and completion operations in the Piceance Basin. 9 Street Address / General Location of Property: EnCana's North Parachute Ranch located approximately 10 miles north of the Town of Parachute on County Road 215. 9 Legal Description: NESW SECTION 4 TGS R96VVI SWSW SECTION 30 T5S R95W NWNW SECTION 31 T5S R95W1 NWSW SECTION 30 T5S R95W SWSW SECTION 30 T55 R95W, and NESE SECTION 25 T5S R96W, all of the 6th Principal Meridian 9 Assessor's Parcel Number: — 213 _ - _Z3 - S10 - _015 9 Existing Use: Storage of Equipment and Supplies 9 Property Size (in acres) 45,000 Zone District: Resource Lands Last Revised 7/1/08 NORTF1 PARACiRITE RANCH LAYDO N YARDS I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional jinformation to be submitted with this application: �/ L Please submit, in narrative fora ?, 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) requests a Special Use Permit (SUP) from the Garfield County Board of County Commissioners (BOCC) for an Industrial Support Facility (North Parachute Ranch [NPR] Laydown Yards) for storage of equipment and supplies for operations both on the NPR and on other properties owned by EnCana. The NPR Laydown Yards will consist of three yards with a combined acreage of 4.7 acres. They will be used to store supplies and equipment related to the production of natural gas for EnCana's operation in the Piceance Basin. Storage Yard #1 comprises 0.9 -acres and is located approximately 8.7 miles north of Parachute, Colorado. EnCana does not plan to construct any buildings on this location. If the need for a building is identified, EnCana will proceed with permitting as required by Garfield County. Storage Yard #2 comprises 0.6 -acres and is located approximately 10.5 miles north of Parachute. Yard #2 will consist of a storage yard and water filling station, which is located on the northern portion of this yard. The water filling station consists of a portable pump and a stand pipe for filling water trucks out of the creek. EnCana does not plan to construct any buildings on this location. Storage Yard #3 comprises 3.2 acres and is located approximately 11 miles north of Parachute. EnCana does not plan to construct any buildings on this location. Currently, there are no anticipated power needs for the NPR Laydown Yards. EnCana currently anticipates meeting any future potential power needs with diesel and /or natural gas - powered generators. In order to complete its natural gas production activities in a safe and efficient manner, EnCana proposes the use of three laydown yards on its NPR property to store equipment and parts pertinent to its drilling and completions operations. EnCana anticipates that this project will not only increase efficiency, but that it will also have a positive impact on safety and the environment. Transporting equipment and supplies iv bulk and storing them on site allows for a reduction of traffic, both on county roads and on the NPR. This reduces emissions and SPEC;HAL USE PERMIT APPLICATION DECEMBER 2008 NoRTrl PARACI -HUTE: RANCI LAYI)OWN YARDS the potential for harm to human health and the environment. The three proposed locations have been chosen for their ease of access, both to Garfield County Road 215 and to locations where equipment and supplies are needed on the NPR. 12. 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. Personnel will not be stationed at the laydown yards and personnel are not anticipated to be working exclusively at these locations. As a result, a potable water system and a wastewater system are not considered necessary for this project. No water depletion would occur as part of this project. EnCana has prepared and utilizes the North Parachute Ranch Stormwater Management Plan (SWMP) and the Spill Prevention, Control, and Countermeasure Plan (SPCCP) for Gas Gathering Facilities. Implementation of these plans ensures that activities associated with the NPR Laydown Yards comply with Stormwater management and spill prevention controls and countermeasures as required by Garfield County, the State of Colorado, and the United States Environmental Protection Agency, Implementation of these plans also mitigates the potential for EnCana to polltrte surface runoff, stream flow, or groundwater. Copies of the SWMP and SPCCP are provided in the Stormwater Tab. A Quit Claim Deed delineating EnCana's water rights is contained in the Supporting Documentation Tab. 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. Specific site plans for each of the three yards are attached in the Maps Tab. 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. Vicinity maps for each of the three yards are attached in the Maps Tab. 5. Submit a copy of the appropriate portion of a Gazf eld 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 SPEC.IA1. USE PE RM[T APPLICATIpN DECEMBER 2(108 NOR TI PARACI IU rri RANCI I JAYDO11N YARDS landowners and their addresses adjacent to or within 200 ft. 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 be found in your title policy under Exceptions to Title). The appropriate Garfield County Assessor's Maps for each of the three yards are attached in the Maps Tab. 6. Submit a copy of the deed and a legal description of the subject property. The NPR Laydown Yards will consist of three locations, all of which are located on EnCana's property. The NPR Laydown Yards (Yard #1, Yard #2 and Yard #3) are located in the NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4 T6S R96W, SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 30 T5S R95W, NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 31 T5S R95W, the NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 30 T5S R95W, the SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 30 T5S R95W, and the NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 25 T5S R96W, all of the 6th Principal Meridian. The NPR Laydown Yards are located approximately 8.7, 10.5, and 11 miles north of Parachute, Colorado. Survey information for the NPR Laydown Yards is included in the Maps Tab. The survey package includes a vicinity map, driving directions from the Town of Parachute, and detailed site plans of each of the facilities. The NPR Laydown Yards are located on land zoned Resource Lands. The NPR consists of 45,000 -acres of land owned by EnCana. EnCana, being the surface owner in all cases as it pertains to this project, is acting on its own behalf. The specific deeds to the locations listed above are contained in the Deed & Legal 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 The owner of the property is EnCana and EnCana is also the applicant of the SUP application. SPIA.IAI. USE I i R111. APPLICATION DECf.Ntm ;I''S 2008 N()1 11 PARACHUTE 1,AYDOWN YARDS 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. Personnel will not be stationed at the laydown yards and personnel are not anticipated to be working exclusively at these locations. As a result, a potable water system and a wastewater system are not considered necessary for this project. (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) The NPR Laydown Yards are located 8.7, 10.5 and 11 miles north of Parachute, Colorado at the end of Garfield County Road 215. The proposed driveway to Yard #1 is located in a relatively straight section of Garfield County Road 215, which will allow good visibility of upcoming traffic along the county road. EnCana will construct a driveway approach off of Garfield County Road 215 acceptable to the permit conditions required by the Garfield County Road and Bridge Department. Yards #2 and #3 are accessed via existing roads used to access the NPR. 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 NPR Laydown Yards are located in an oil and gas industrial setting and minimal visual impact would occur to the general public or adjacent property owners from 4ny construction and /or operation of these yards. The nearest residence is approximately 1.5- miles to the south of Yard #1, and the other adjacent property owners are also involved in and currently operating natural gas processing and mineral extraction facilities. The NPR Laydown Yards would not change the existing 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 use 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.2arfeldcountp.com /building and plannht:Q /index.htm, or information can be obtained from this office. SPECIAL USI: PERMIT / pPI.icATioN D1X1;1,1131 R 2008 NORTH PAR \CI IC'TE RANCH LAYDOWN YARDS 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: The applicant for a permit for industrial operations shall prepare and subunit to the Planning Director ten (10) copies of an impact statement on the 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 address the following: (A) Existing lawful use of ;eater through depletion or pollution of surface run -off, stream flow or groundwater; No water depletion would occur as part of this project, EnCana has prepared and utilizes the North Parachute Ranch Stormwater Management Plan (SWMP) and the Spill Prevention, Control, and Countermeasure Plan (SPCCP) for Gas Gathering -Facilities. Implementation of these plans ensures that activities associated with the NPR Laydown Yards comply with stormwater management and spill prevention controls and countermeasures as required by Garfield County, the State of Colorado, and the United States Environmental Protection Agency. Implementation of these plans also mitigates the potential for EnCana to pollute surface runoff, stream flow, or groundwater. Copies of the SWMP and SPCCP are provided in the Stormwater Tab. A Quit Claim Deed delineating EnCana's water rights is contained in the Supporting Documentation Tab. (B) Impacts on adjacent land from the generation of vapor, dust, smokre, noise, glare or vibration, or other emanations; EnCana does not foresee the generation of vapor or smoke. Equipment operation such as mobile loading equipment within the yards and trucks loading and unloading equipment and supplies from the yards may produce vapor or smoke similar to vehicles traveling on roads, which is a standard by- product of equipment' operation. EnCana would apply water, gravel, tackifier, or other equivocal treasures as necessary to prevent fugitive dust emissions from vehicles traveling in the project area. EnCana has completed a sound level study for the existing Middle Fork Compressor Station, which is co- located with. Yards #2 and #3. The survey results confirm the existing facilities (with 30,000 horsepower of electric - driven compressor units running) are in compliance with the Colorado Oil and Gas Conservation Commission (COGCC) noise regulations. The survey indicated that the sound levels for the Middle Fork Compressor Station were, "completely inaudible at all of the property -line and residential USE PIsRnI1r APPLICATION DI c1NI1;iat2008 NORTH PARACHUTE RANCIL LAY DOWN YARDS measurement locations ". A report on the results of the sound level survey is provided in the Supporting Documentation Tab. The only noise generated at the NPR Laydown Yards will be from trucks delivering or retrieving equipment and supplies. Noise will be far less than the drilling and natural gas processing operations already occurring on the NPR. Therefore, noise impacts to adjacent land are not anticipated. EnCana does not anticipate any lighting for the NPR Laydown Yards; however, if lighting were to be installed for this facility it would be directed inward and downward so as to minimize glare to the extent possible. Minor vibration may occur from operation of tire - mounted equipment; however, vibrations would not be noticeable at the property line. (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; EnCana contracted WestWater Engineering Inc. (WestWater) to prepare an Integrated Vegetation and Noxious Weed Management Plan and a Wildlife Impact and Sensitive Areas Report for the NPR Laydown Yards, which is included in the Environmental Tab for Yard #1 and Yard #3. WestWater will survey Yard #2 in the spring due to it being covered in snow. The Integrated Vegetation and Noxious Weed Management Plan for Yard #1 and Yard #3 identified noxious weeds in the area as well as Best Management Practices (BMPs) to confine the noxious weeds to the surveyed area. These include cleaning the soil off equipment before leaving the site and minimizing surface impact. Herbicide treatments will be used to control noxious weeds and a recommended seed mix will be used for revegetation. The Wildlife Impact Assessment and Sensitive Areas Report for Yard #1 and Yard #3 re- emphasized minimizing a surface impact. Species present were identified. Mitigation, such as fence types and recommended seed mixes, was listed in the report. The impact to Wildlife and Domestic Animals is anticipated to be minimal. (D)Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County; Activity at the NPR Laydown Yards is anticipated to be sporadic. It is anticipated that the bulk of truck traffic into and out of the laydown yards would be between the hours of 7:00 AM to 5:00 PM on a five- or six -day work schedule. No full -time employees will be housed on -site. Use of the laydown yards would not result in any additional vehicular impacts to county roads. The overall volume of traffic would not increase, but the direction would increase to and from the specific locations of the laydown yards. This would decrease potential vehicle /wildlife encounters on Garfield County Road 215. SPI {CIAL USE PI ?RA11T APPL.ICAT'IOJN DECEMBER R 2Q08 NORTH PA RAC iIUI'E RANCH LAY]) OWN YARDS (E)That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use(s). The nearest residence is approximately 1.5 miles to the south of the closest NPR Laydown Yard (Yard #1). The remaining abutting property owners are also involved and currently operating natural gas processing or mineral extraction facilities, so no additional impact would occur to the abutting property owner from the construction and/or operation of the laydown yards. (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 proposed. EnCana will implement mitigation measures recommended by the Garfield County BOCC and Building and Planning Department. (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. Prior to abandonrnent of the NPR Laydown Yards, EnCana would contact the Garfield County Planning Director to arrange for a meeting and joint inspection of the yards. This meeting and inspection would take place a minimum of 30 days prior to abandonment, and would be held so that an agreement 011 an acceptable abandonment plan can be reached. EnCana will complete final reclamation measures in areas that are not necessary for operation of the laydown yards. The majority of the disturbed areas at the laydown yards will be hard - scaped with gravel. EnCana has developed the North Parachute Reclamation Plan as a guide for reclaiming disturbed areas as a result of constructing well pads, access road, compressor stations, facilities and pipelines. The North Parachute Reclamation Plan is included in the Reclamation Tab. (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 SPt rM_ USE PERMIT APPLICAT[ON DECEMBER ER 2008 NORTH P ARACI ILTE RANCH LAYDOWN YARDS 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: EnCana acquired a vegetation security in the amount of &18,800 or $4000 per acre of disturbance. A copy of the revegetation security is included in the Financial Tab. (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) EnCana will comply 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 environmental effects beyond the boundaries of the property in which such uses are located, in accord with the following standards: (1) Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is mane. (A. 93- 061) As previously described in detail in Section 5.03.07 (11 ) above, EnCana is confident that sound levels from the NPR Laydown Yards would be in compliance with C©GCC regulations. (2) Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, al any point of any boundary line of the property on which the use is located; Minor vibration may occur from operation of tire - mounted equipment; however, vibrations would not be noticeable at the property line. EnCana would provide vibration mitigation to meet all vibration regulation requirements, Vibrations would not be noticeable at the fenced property boundary of the NPR f.aydown Yards. (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; SPECIAL USE PEItMIT APPLICATION DP,C BER 2(108 Nairn I PARACHUTE RANCH 1. WDCTI['N YARDS EnCana would apply water, gravel, tackifier, or other equivocal measures as necessary to prevent fugitive dust emissions from equipment and/or vehicles traveling in the project area. (4) Emission of beat, 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; No heat generation is anticipated at the NPR Laydown Yards and would not be detectable at the property boundaries. Potential glare from installation of lighting (currently not anticipated) will be minimized by directing any outside lighting downward and inward to the facility. No radiation would be produced and the only potential fumes would be from vehicles driven on the NPR Laydown Yards. Adjacent property would not be affected and a public nuisance or hazard would not be created. (5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas (A97 -112) 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; (497-112) Any 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 local protection district regarding compliance with the appropriate codes, (8) 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; (497112) EnCana will implement recomemdations or requirements for fencing, landscaping, and walls from the Garfield County BOCC or Building and Planning Department to conceal or minimize visual impact to adjacent property owner from the construction and operations of the NPR Laydown Yards, (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; (497 -112) SPEC;IAI. USE PI:RMET A PI'I.I :ATEON DECEMBER 2008 NOR'rII PARACI[L'1I RANCH LAY DOWNYARDS Any waste material generated will be disposed of at a licensed disposal facility. No materials or wastes would be deposited on -site. (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. The North Parachute Ranch Laydown Yards will be located on property owned by EnCana, which consists of approximately 45,000 acres zoned resource lands and not within a platted subdivision. 2. The equipment storage area is not placed any closer than 300 ft. from any existing residential dwelling. No residential buildings are located within 300 -feet of the proposed North Parachute Ranch Laydown Yards. The nearest residence is located approximately 1.5 miles to the south of Laydown Yard #1. 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. Visual impact will be minimized from Garfield County Road 215. EnCana will construct screening structures at locations necessary to block visual impact to the general public and surrounding property owners. All structures will be painted in earth -tones to blend in with the surrounding landscape. 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 fiours of 8 a.m. to 6 p. m., Mon.-Fri. No equipment maintenance will occur that would affect adjacent property owners. 5. Loading and unloading of vehicles shall be conducted en private property and may not be conducted on any public right -of -way. Equipment loading and off-loading will be conducted on the EnCana property and not on a public right-of-way. (E)Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. (A97- -112) SPEC Il i. USI: PERMIT \ PRA CATION DI +,CEMBlR 2008 NORTH PARACiit'TE R\NCI1 LAYDOWN YARDS None of the NPR Laydown Yards exceed 10 acres in size. (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) If lighting is utilized at the NPR Laydown Yards, it will be directed downward and inward to prevent direct reflection on adjacent property. (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. EnCana has prepared and utilizes the North Parachute Ranch SWMP and SPCCP. Implementation of these plans ensures that activities comply with storinwater management and spill prevention controls and countermeasures as required by Garfield County, the State of Colorado, and the United States Environmental Protection Agency. Implementation of these plans also mitigates the potential for EnCana to pollute surface runoff, stream flow, or groundwater. Copies of the SWMP and SPCCP are provided in the Stormwater Tab. 10. A $525.00 Base Fee: Applicant shall sign the "Agreement for Payment" fora: and provide the fee with the application. 11. Submit 12 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. H. 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 semi 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 SPECIAL USE Poi Nii r :APPLI(ATION Di :t: iiER 2008 Noi n [ P,• \RACF Il.'T1: RANG[ I I„ AYIM)WN YARDS 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 (I) 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 provider!. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution tnemorializing 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 finalizes( 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 a ormation which is correct and accurate to the best of my knowledge. (Sign of 4pplica t /owner) Last Revised: 02/2006 Srr_c:[,\[, Usi: PERNEIT ApPLIcATION Dc;c :c.uc3r1 2Q08 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and EnCana Oil & Gas (USA) Inc. (hereinafter APPLICANT) agree as follows: I. APPLICANT has submitted to COUNTY an application for North Parachute Ranch Laydown Yards (hereinafter, THE PROJECT). 2. 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. 3. 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 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, 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 r 4 Date: 12/31/2008 Chris Putnam Print Name Mailing Address: EnCana Oil & Gas (USA) Inc. 2717 County Road 215, Suite 100 Parachute. C0 ,81635 10/2004 Page 4 *111 hiCil" 1W, 7,I6',.HOIL PIPItiliif h;4TImiLlEr' 1`'iii i, MI 111 Receptianti: 760312 12/4812008 03 -14.00 PM Jean Riberico 1 cf 2 Rec. Fee.$11.00 Doc foe 0.00 GRRFIELO COUNTY CO STATEMENT OF AUTHORITY Pursuant to C.R.S. §3€3- 30 -]72, the undersigned executes this Statement of Authority on behalf of EnCana Oil & Gas (USA) Inc,, a corporation (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited CJdL LIIuLShip association, government agency, Lxu.`jt or other) , an entity other than an individual, capable of hold.ncl title to real property (the "Entity "), and states as follows: The name of the Entity is EnCana Oil & Gas (USA) inc. and formed under the law of the State of Delaware. The mailing address for the Entity is 370 17th Street, Suite 1700; Denver, CO 80202. The 1awe aid /or position of Lhe person(s) authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is/are Rrenda Linster, Kent Idndberg, Renata Busch8rett Crabb, Jason Eckman, Chris Putnam and Khern Suthiwan. The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows: sign Garfield County permits including, but not limited to Special Use Permits; Pipeline Development Plan Administrative Permits; Major and Minor Permits and Small Vaci.ity Checklists for Temporary Employee Eiousihg; grading :)erm:its; building permits; ISDS permits; utility installation permits; driveway permits; major. Impact Permits; Limited Inn 'ac:t i'ermi.ts; amd Administrative Permits. (if no limitation, in art "Non. ") Other matters concerning the manner in which the Entity deals with any irltterest in real ' property are: (if no other- matter, leave this section: ,;s rig h J 111 Receptiontl: 760312 12118/200Q 03i4:00 PP Jr Atter icQ 2 of 2 Ruq4 Fne 511 00 nuc Fk,e.0 00 AFEL.0 . C,A,41Y GO Page 2 of Statement cif Authority • EXECUTED this s TATE OF coUNTY OE ji,( - day of • • • ( '— Signature: Name (tiyped or printed: • - Titie (Lf any) s. / r Tho 'orcgoing instrument_ wa .7. ackilow1ed7Qd tp71fore mo hi.a 1 day of • - ' 08 b t , 20y At !, •1 • '•/ • • 1 /:',e.• Witness my hand and official seal. ./ I I» Ny cornrek,judtOre..INtifpi re • - c*' IR f.1°94 .zt• .43. 444" P+R • 1"-, v." II-- i.- % rs 1 cP.• .•• .• 0 417.-k. 0‘? (Norary 1,1.4.-ai :7)