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HomeMy WebLinkAbout1.0 ApplicationRECFRIFA) SEPi3 Xi GARFIELD COUNTY Building & Planning Department GAISa"�c.�� �. JUNTy 108 8th Street, Suite 401 BUILDING & PLANNING Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.qarfield - county.com PDPR -q-11 -6 El PIPELINE DEVELOPMENT PLAN PIPELINE DEVELOPMENT PLAN AMENDMENT (Check the box that applies) L GENERAL INFORMATION (Please print legibly) Name of Pipeline Owner: Bargath LLC i> Mailing Address: 4289 CR 215 Telephone: (970 ) 623 -8988 City: Denver State: C0 Zip Code: 80202 Cell: (970 ) 274 -9543 E -mail address :�ohn.suchar @williams.corr9 FAX: ( ) r Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc): PVCMI- Land Planning Division Mailing Address: 1038 County Road 323 Telephone: (970 )625-5350 City: Rifle State: CD Zip Code: 81650 Cell: (970 )379 -0428 v E-mail address:phil @pvcmi.com FAX: (970 )6254522 Description of Project: Relocation of 0.51 miles of the Parachute to Noble 12 inch diameter pipeline. General Location of Pipeline (Right -of -Way): SW1/4 of section 13 and NW1 /4 of section 24 Township 7 South, Range 96 West of the 6th P.M. v Diameter and Distance of Pipeline: Relocation of 0.51 miles of 12 inch diameter pipeline General Legal Description: Please see attached mapping for details v Existing Use: Rural and Natural Resources Development Y Pipeline ROW Distance (in acres The entire length is a horizontal directional bore ■' Zone District: Rural Last Revised 1/1/09 I. APPLICABILITY Pursuant to Section 9 -102 of Article IX of the County's Unified Land Use Resolution of 2008, the Board of County Commissioners regulates Pipelines that are: 1) Greater than 12 " in diameter and over two (2) miles in length; or 2) Any pipeline more than five (5) miles in length, proposed to be located in the unincorporated area of Garfield County. A Pipeline Development Plan approval is required prior to the issuance of any County permit with pipeline operations. However, pipeline operations which do not require a building or other associated County permit must still obtain a Pipeline Development Plan approval under this resolution. II. 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. Submit a completed and signed Application Form, an application fee, and a signed Agreement for Payment form. (Submit eight copies of the proposed development plan with the completed application form to the Building and Planning Department.) 2. Submit a cover letter explaining the purpose of the application including the pipelines, length and diameter, pipeline commodity, and the general description of the pipeline route. Attach any supporting materials that address the standards and criteria found in Article IX of the Unified Land Use Resolution of 2008. 3. Submit a letter from the pipeline ROW 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. 4. 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 within 200 ft. of the proposed pipeline ROW. 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. 5. Vicinity map: An 8 1/2 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 pipeline to the surrounding area for which a copy of U.S.G.S. quadrangle map may be used. 6. A copy of the Pre - Application Conference form from the original Pre - Application Conference. 7. Proof of Ownership A. For individual pipeline right -of -ways, submit a diagram showing adjacent properties and the approximate location of buildings and their uses within a distance of 350 feet of any proposed structure, facility, or area to be disturbed. This may be drawn at a smaller scale than the site plan. B. For an area plan, the map will show the property boundaries and ownership information for all private and public property included in the development area. 8. Notice to Surface Owners. Provide evidence of surface owner notification and of surface use agreements where the surface owner is not a party to the mineral lease. 9. Regulatory Permit Requirements, Submit a table indicating the permit agency (local, state, federal) name, permit action driving task and the task to be performed to obtain the permit, prior to issuance of the permit by the County. 10. Primary Project Participants. Include the names, address and phone numbers of the company representative, company and individual acting as an agent for the company, construction company contacts, and federal and state agency contacts. 11. Project Facilities. Identify any permanent project facilities such as permanent right -of- way, widths, meter stations, compressor stations, valve sets, etc. Also indicate any temporary right -of -way, staging areas, width during construction, construction facilities, etc. 12. Construction Schedule. Indicate the estimated start and end dates for construction, days of the week in which construction will occur, hours of day during which construction will occur. 13. Sensitive Area Survey: List the types and areas of concern within and adjacent to the pipeline right -of -way, such as: sensitive plant populations; identified cultural, archeological and paleontological resources; and wetlands identified during pre - construction environmental surveys. This rule does not apply in previously disturbed corridors or rights -of -way and/or areas permitted by the Colorado Oil and Gas Conservation Commission. 14. Revegetation Plan. 1. Submit a plant material list. Be specific, scientific and common names are required. Include application rate in terms of pure live seed (PLS) per acre. Submit a planting schedule that includes timing, methods, and mulching. Provide a revegetation security. A security may be required if, in the determination of the County Vegetation Management, the proposed project has: a) A potential to facilitate the spread of noxious weeds b) A potential to impact watershed areas. c) A potential for visual impacts from public viewing corridors. d) Steep slopes (15% or greater) or unstable areas. e) Disturbs large area (Half an acre or greater) The revegetation security will be in an amount to be determined by the County Vegetation Management that will be site - specific and based on the amount of disturbance. The security shall be held by Garfield County until vegetation has been successfully reestablished, or for a period of time approved by the County Vegetation Management in any specific land use action, according to the Reclamation & Revegetation Standards Section in the Garfield County Weed Management Plan. The County Vegetation Management will evaluate the reclamation and revegetation prior to the release of the security. 15. Weed Management Plan. A weed management plan for all Garfield County listed noxious weeds and State of Colorado listed noxious weeds that are targeted by the Commissioner of Agriculture for statewide eradication. 16. Emergency Response Plan. Include a fire protection and hazardous materials spills plan, which specifies planned actions for possible emergency events, a listing of persons to be notified of an emergency event, proposed signage, and provisions for access by emergency response teams. The emergency plan must be acceptable to the appropriate fire district or the County Sheriff, as appropriate. The plan shall include a provision for the operator to reimburse the appropriate emergency service provider for costs incurred in connection with emergency response for the operator's activities at the site. 17. Traffic Impact. For construction traffic on county roads, indicate the anticipated types of vehicles, number of each type, anticipated number of trips per day per each type, county roads to be used, and percentage of the construction traffic that will travel on each listed county road. 18. Staging Areas. Indicate the general location of the staging areas required for pipeline construction. 19. Hydro -test Water. Indicate the quantity of water required, source of water and the disposition of the water after testing. III. REVIEW STANDARDS Pipeline Development Plans will only be approved if they have adequately met the following standards as required in Section 7 -815. The Application should specifically respond to each of the following standards: 1. Right -of -way and any associated facilities shall be located along the perimeters of surface property ownerships and not within areas of agricultural crop production as a general guide. Non- perimeter locations will be acceptable if the surface owner agrees and there is no adverse impact on adjacent properties. 2. Any equipment used in construction or operation of a pipeline must comply with the Colorado Oil and Gas Conservation Commission Rules and Regulations, Section 802, Noise Abatement. a. For any pipeline construction or operational facility that will have a substantial impact in adjacent areas, additional noise mitigation may be required. One or more of the following additional noise mitigation measures may be required: 1. Acoustically insulated housing or covers enclosing any motor or engine; 2. Screening of the site or noise emitting equipment by fence or landscaping; 3. A noise management plan specifying the hours of maximum noise and the type, frequency, and level of noise to be emitted; and 4. Any other noise mitigation measures required by the COGCC. b. All power sources used in pipeline operations shall have electric motors or muffled internal combustion engines. 3. Pipeline operations shall be located in a manner to minimize their visual impact and disturbance of the land surface. a. The location of right -of -way shall be away from prominent natural features and identified environmental resources. b. Right -of -way shall be located to avoid crossing hills and ridges, and wherever possible, shall be located at the base of slopes. c. Facilities shall be painted in a uniform, non - contrasting, non - reflective color, to blend with the adjacent landscape. Right -of -way shall be located in existing disturbed areas unless safety or visual concerns or other adverse surface impacts clearly dictate otherwise. 4. Access points to public roads shall be reviewed by the County Road & Bridge Department and shall be built and maintained in accordance with the Garfield County Road Specifications. All access and oversize or overweight vehicle permits must be obtained from the County Road & Bridge Department prior to beginning operation. All proposed transportation right -of -way to the site shall also be reviewed and approved by the County Road & Bridge Department to minimize traffic hazards and adverse impacts on public roadways. Existing roads shall be used to minimize land disturbance unless traffic safety, visual or noise concerns, or other adverse surface impacts clearly dictate otherwise. Any new roads created as a result of the pipeline construction, intended to be permanent for maintenance and repair operations shall be placed behind a locked gate or other barriers preventing use by recreational vehicles. Any gates or barriers need to be consistent with the surface owner's preferences. 5. In no case shall an operator engage in activities which threaten an endangered species. 6. Air contaminant emissions shall be in compliance with the applicable permit and control provisions of the Colorado Air Quality Control Program, Title 25, Resolution 7, C.R.S. 7. All operations shall comply with all applicable State Public Health and Environment, Water Quality Control standards. 8. Any proposed waste disposal or treatment facilities shall comply with all requirements of the County Individual Sewage Disposal System Regulations. 9, The proposed reclamation plan shall provide for a reasonable reclamation schedule in Tight of the specific surface use and surrounding land uses, and may require recon touring and revegetation of the surface to pre - disturbance conditions. The Planning Director may also approve a plan for an alternative post disturbance reclamation, provided the surface owner and the applicant agree, and the plan is in harmony with the surrounding land uses and the Comprehensive Plan. 10. Should an abandoned pipeline be removed, it will be subject to the original revegetation and weed management requirements in the original application. IV. Process for Pipeline Development Plan Application Review The review process for a Pipeline Development Plan is an administrative process with the ability for the Board of County Commissioners to "call -up" the application for a formal review. Note, the timelines outlined in this application only start once an application has been deemed technically complete. Please refer to Section 9 -105 through 9 -109 of Article IX for a more detail of this process 2. Referral and Review by Planning Director (Section 9 -105). The Planning Director will coordinate the review of the development plan application. Upon the filing of a complete application for development plan review, the Planning Director shall promptly forward one copy to the County Road & Bridge, OH & Gas Auditor, Vegetation Management and Engineering Departments; the appropriate fire district or County Sheriff; the surface owners of an individual pipeline development plan; and any adjacent municipality for comment, a. Referral comments on the proposed development shall be returned to the Planning Director no later than 18 days from the date of application for an individual site application and 30 days from the date of application for an area development plan. 3. Notice (Section 9- 105(B)). Once the application has been deemed technically complete, the applicant shall notify the property owners within 200 feet of the route that are not affected surface owners with an agreement with the applicant. A sign (provided to the Applicant by the Planning Department) will be posted on the portions of the route crossing or adjacent to a public road within seven days after receiving a complete application for an individual development plan review. Both the notice and the sign shall indicate that a development plan review application has been made, and the phone number of the Planning Department where information regarding the application may be obtained. 4. Director Review & Decision (Section 9- 105(0)) Any determination by the Planning Director to approve or conditionally approve a development plan application must be in writing and mailed or otherwise provided to the applicant no later than 28 days for an individual pipeline development plan or 60 days for an area pipeline development plan, after the date on which the development plan application is filed. Failure to make a determination on the application within this time period shall result in the application being considered approved and the applicant's building permit or access, or other permits being processed, provided the applicant builds the pipeline in compliance with the application. 5. Board of County Commissioner "Call -Up" (Section 9 -109) Once the Director has determined the application to be approved, the Director will immediately notify the Board of County Commissioners (BOCC) of the approval. From this point, the BOCC has 14 calendar days to call -up the application. No development can occur of the pipeline project until this period has elapsed and the conditions of approval have been met. 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 Owner o f R ght -of -Way) Date September 12, 2011 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ( "Board ") Resolution No. 98 -09, has established a fee structure ( "Base Fee ") for the processing of each type of subdivision and and use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non - refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include a Payment Agreement Form ( "Agreement ") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES TYPE OF LAND USE ACTION BASE FEE Vacating Public Roads & Rights -of -Way $400 Sketch Plan $325 $675 + application agency review fees and outside Preliminary Plan / Conservation Subdivision consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey Preliminary Plan Amendment $325 Final Plat $200 Final Plat Amendment / Correction Plat $100 Combined Preliminary Plan and Final Plat $1,075 Minor Exemption / Amendment $300 / $300 Major Exemption / Amendment $400 / $300 Rural Land Development Option Exemption / Amendment $400 / $300 General Administrative Permit $250 Floodplain Development Permit $250 Pipeline Development Plan / Amendment $400 / $300 Small Temporary Employee Housing $50 Minor Temporary Employee Housing $250 Limited Impact Review / Amendment $400 / $300 Major Impact Review / Amendment $525 / $400 Rezoning: Text Amendment $300 Rezoning: Zone District Amendment $450 Planned Unit. Development (PUD) / Amendment $500 / $300 Comprehensive Plan Amendment $450 Variance $250 Interpretation $250 Planning Staff Hourly Rate ■ Planning Director $50.50 ■ Senior Planner $40.50 • Planning Technician $33.75 • Secretary $30.00 County Surveyor Review Fee (includes review of Amended Determined by Surveyor$ Plats, Final Plats, Exemption Plats) Mylar Recording Fee $11 —1S' page $10 each additional page Page 2 The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. Page 3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and Bargath LLC Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for Parachute to Noble Pipeline 0.51 mile relocation (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) - �'\t, Signature Philip B. Vaughan- PVCMI Land Planning Print Name Mailing Address: 1038 County Road 323 9/12/2011 Date Rifle, CO 81650 Page 4 'KerrAA LVL 41*Telug Pat V lCi[lAN CON TR ,(;.1.1 ON 1038 Country Rd 323las:, RiEIE, CO 81650 Bargath LLC Parachute to Noble Pipeline Pipeline Development Plan Amendment Application Listing of Adjacent Property Owners adjacent to or within 200' of the subject properties Landowners are identified by Assessor's Parcel Number. This information is accurate as of September 12, 2011. 1. Subject Parcel #2409- 242 -00 -155 "I Lori Metcalf 5091 County Road 300 Parachute, CO 81635 -9487 2. Subject Parcel #2409 - 242 -11 -005 Metcalf Property Management LLC 73 Sipprelle Drive, Suite F Parachute, CO 81635 3. Subject Parcel #2409- 242 -11 -007 .--Metcalf Property Management LLC 73 SippreIle Drive, Suite F Parachute, CO 81635 4. Subject Parcel #2499- 133 -00 -013 /Puckett Land Company 5460 S. Quebec Street, Suite 250 Greenwood Village, CO 80111 -1917 Page 1 of 3 5. Parcel #2409- 242 -00 -156 ''/Carl M. Metcalf, 11 4827 County Road 300 Parachute, CO 81635 6. Parcel #2409 - 242 -11 -006 /Metcalf Property Management LLC 73 Sipprelle Drive, Suite F Parachute, CO 81635 7. Parcel #2409- 133 -00 -013 Puckett Land Company 5460 S. Quebec Street, Suite 250 Greenwood Village, CO 80111 -1917 8. Parcel #2409- 242 -00 -104 'Puckett Land Company 5460 S. Quebec Street, Suite 250 Greenwood Village, CO 80111 -1917 9. Parcel #2409 - 231 -00 -157 rMichael Henry Palmer 4735 County Road 300 Parachute, CO 81635 10. Parcel #2409 - 243 -00 -134 games Raso, Jr. 121 West 5th Street Hammonton, NJ 08037 11. Parcel #2409 - 244 -00 -124 / James Eugene & Monique Teresa Speakman 5242 County Road 300 Parachute, CO 81635 Page 2 of 3 12. Parcel #2409- 133 -00 -017 (Puckett Land Company 5460 S. Quebec Street, Suite 250 Greenwood Village, CO 801 11 -1917 13. Parcel #2409 - 134 -00 -020 4"-/Green Head Investments 1 LLC 73G Sipprelle Drive Parachute, CO 81635 14. Parcel #2409 - 133 -00 -017 Puckett Land Company 5460 S. Quebec Street, Suite 250 Greenwood Village, CO 80111 -1917 Thank you for your assistance on this project. Please contact me with any questions. Sincerely Philip 13. Vaughan President PVCMI -Land Planning Division Page 3 of 3 !III rip Fill '1tl nfyt f1/21X 141)'01r1f4;'W44 10.111,11 11111 Receptton4: 795366 12/07/2010 04128 56 PP' Jean Alberico 1 of 2 Roc Fee S16 00 Doc Fee-0.00 GARFIELO COUNTY CO POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that Bargath LLC, a Delaware limited liability company, having its principal place of business in the City of Tulsa, County of Tulsa, State of Oklahoma, hereinafter sometimes referred to as the "Company," does hereby make, constitute and appoint Sandra J. Hotard with the full authority hereinafter provided, the true and lawful Attorney -in -Fact of the Company, authorized and empowered on behalf of the Company and in the Company's name, and for the sole and exclusive benefit of the Company and not on behalf of any other person, corporation or association, in whole or in part, to enter into, execute, deliver, file and accept all instruments and documents affecting the real property or real estate rights of the Company the following described instruments and documents: (1) Agreements that grant easements, rights of way, licenses, or permits; (2) Releases and Partial Releases of easements and rights of way; (3) Agreements allowing encroachments onto easements and rights of way owned by Company; (4) Agreements subordinating easements, lease or mortgage rights; (5) Agreements relating to the modification and relocation of facilities; (6) Rental or lease agreements and all notices related to lease agreements; (7) Agreements modifying, amending, renewing, extending, ratifying forfeiting, canceling and terminating any and all of the aforementioned types of instruments and documents; (8) Agreements for the purchase or sale of real property or facilities; and (9) Agreements to obtain the provision of utility services to facilities. with such terms and conditions as said Attorney -in -Fact shall deem proper and advisable, giving and granting unto said Attorney -in -Fact full and complete power and authority to do and perform any and all acts and things as may be necessary and proper in the premises. This Power of Attorney shall remain in full force and effect for twelve months from the effective date of this Power of Attorney unless terminated sooner by an officer of the Company. Not by way of limitation, but by way of confirmation, the powers of authority conferred shall extend to and include any and all of the instruments and/or acts above described which may pertain to lands of the United States of America, or to be acquired by the United States of America, lands of any state, lands of any fee owner, and tribal or allotted Indian lands. The Company hereby declares that each and every act, matter and thing which shall be given, made and done by the said Sandra J. Hotard in connection with the exercise of any or all 11111 Pi H11,111111 Receptionf- 795366 1210712010 04 28.56 PM Jean Alborieo 2 or 2 Rec Fee 316 00 Dec Fee 0.00 GARFIELD COUNTY CO of the aforesaid powers shall be as good, valid and effectual to all intents and purposes as if the same had been given, made and done by the said Company in its legal presence and it hereby ratifies whatsoever the said Attorney -in -Fact shall lawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF, Bargath LLC has caused this Power of Attorney to be signed by one of its Vice Presidents, duly authorized by its Management Committee to grant powers of attorney effective as of September 18, 2010. STATE OF OKLAHOMA COUNTY OF TULSA ) ss. ) Barnes esident BEFORE ME, a Notary Public in and for the State of Oklahoma, on this 18th day of September, 2010, personally appeared Jerry D. Barnes, a Vice President of Bargath LLC, who acknowledged to me that he has executed the above POWER OF ATTORNEY as his free and voluntary act and deed and as the free and voluntary act and deed of Bargath LLC for the uses and purposes therein set forth. Given under my hand and seal the day and year last above written. MY COMMISSION EXPIRES: ac /3 NOTARY PUBLIC ( Commission No.: t) (OCE BQ �- t • PUBLIC to • IN AND FOR ; A, • STATE OF s :* t9 ak1AkiO .4. ,. 011'1ER GO' O After Recordation Please Return To: Williams Production RIOT Co. Attn: Land Dept. P.O. Box 370 Parachute, CO 81635 September 12, 2011 Garfield County 109 8th Street Glenwood Springs, CO 81601 RE: Noble to Parachute Pipeline Project Garfield County, Colorado Dear Garfield County: ■ f/ w� W:!hams, Bar Bath LLC 1001 17th Street Suite 1200 Denver, CO B0202 1303) 606.4287•direct 1970) 210-9709-cell This letter is to serve as confirmation of appointing Phil Vaughn as Agent to Represent Williams for the above described project in the securing of a Permit through Garfield County. Cali me with any concerns you might have. Respectively, BARGATH LLC )1,114-1A1 Sandra J. Hotard Attorney in Fact 1038 Country Rd 323W, Ri11E, CO 81850 September 7, 2011 Mr. Fred Jarman Director Garfield County Building and Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Dear Mr. Jarman, Thank you for taking time to meet on 9/8/11 to speak regarding the Bargath LLC- Parachute to Noble Pipeline located West of Parachute, CO. Please find attached the Administrative Permit issued for the Parachute to Noble Pipeline in late 2006. In Spring 2011 the Colorado River changed course in many locations as this was the largest run- off event since the Spring of 1984. The Parachute to Noble Pipeline crosses the Colorado River via a bore beneath the Colorado River. As a safety measure, Bargath LLC shut down this pipeline in early July 2011 and conducted nitrogen testing of the 16 inch diameter piping in this bore location to determine the integrity of this pipe. It was determined that the pipeline is secure and has not been breached. Additionally, the pipeline was pigged and all remaining liquids were removed. As a measure of caution, Bargath LLC is proposing to abandon this pipe in place and the two exposed ends will be cut below grade and capped, This abandonment project will commence immediately as John Suchar will bring a copy of this notice to our 9/8/11 meeting. A new bore will be conducted and the bore will be longer in order to extend the 16 inch pipeline an adequate distance outside of the river. Please find attached a drawing "Conceptual Design Directional Drill Crossing- Colorado River- Noble Lateral Replacement dated 9/2/11" and an As -built drawing #04110.2 -AL -005 Rev. 5. These drawings note the location of the anticipated work. Page 1 of 4 Approvals are being sought with the landowners, Puckett Land Company and Metcalf Property Management, LLC to conduct this new bore. The abandonment process will consist of capping the existing piping beneath the river and abandoning the pipe in place. This process is in compliance with the Colorado Oil & Gas Conservation Commission Rule 1103- "Pipeline Regulations- Abandonment ". "Each pipeline abandoned in place shall be disconnected from all sources and supplies of natural gas and petroleum, purged of liquid hydrocarbons, depleted to atmospheric pressure and cut -off three (3) feet below ground surface, or the depth of the pipeline, whichever is less and sealed at the ends. This requirement shall also apply to compressor or gas plant feeder pipelines upon decommissioning or closure of a portion or all of a compressor station or gas plant. Notice of such abandonment shall be filed with the Commission and with the local government designee or local government jurisdiction." Bargath LLC will comply with rule 1103 and notification will be made to the COGCC and to your office as the acting Director of the Garfield County Oil & Gas Department. I have conducted a review of the Garfield County Unified Land Use Resolution of 2008, as amended utilizing Section 4- 107(A)(6a.)- Amendments to an Approved Land Use Change Permit- Director Decision - No Substantial Modification. My assertion is that this requested change is "No substantial modification ". Please find below my response to each item of criteria that must be satisfied. Section 16 -101 of the ULUR defines Non - substantial change. Non - substantial Change. A non - substantial amendment may be made to an approved Land Use Change Permit if it meets all of the following criteria as determined by the Director: 1. Is consistent with action(s) taken during previous Land Use Change Permit approval. Reply: The Garfield County Administrative Permit issued to Williams Production RMT was issued with an understanding of the route of the pipeline and the easements entered into between Williams and the property owners. Repairs such as these are an understandable part of operating a pipeline system. 2. Does not change the use category of the proposed development between residential, commercial and industrial uses; Reply: The use category will not be changed. 3. Does not change the basic character of the approved use of land on which the activity occurs, including basis visual appearance and method of operation; Reply: The visual appearance will not be changed with the abandonment of the pipeline nor of the addition of the new bore as these improvements are underground. This repair will not change the basic character of the area from visual or other aspects. 4. Does not constitute a new land development activity; Reply: This use does not constitute a new land development activity as this is appurtenant to the operation of the existing pipeline. Page 2 of 4 5. Does not violate any Land Use Code standard; Reply: The repair of this pipeline does not violate any Land Use Code standard. 6. Does not substantially increase off -site impacts (including but not limited to increased traffic, water use, wastewater generation, etc.) in the surrounding neighborhood; Reply: Off -site impacts are not substantially increased. 7. Does not substantially increase the need for on -site parking or utilities; Reply: On -site parking or utilities needs will not be substantially increased. 8. Does not increase the floor area of the use by more than five (5) percent or decrease the open space on the site by more than five (5) percent; and Reply: The floor area and open space are not affected by the proposed repair. 9. Does not endanger the public health, safety or welfare. Reply: Public health, safety and welfare will not be endangered by the proposed repair. The abandonment of the pipeline and the design of the new pipeline and bore will be designed by Colorado Professional Engineers. (Resolution 2010 -30) Please let me know if you have further questions in regards to this request and we can discuss them. Thank you in advance for your assistance. Sincerely, gAr\z:M\1,,,*(rkjv, Phil Vaughan President PVCMI -Land Planning Division 970- 625 -5350 Page 3 of 4 Attachments 1. Administrative Permit issued for the Parachute to Noble Pipeline in late 2006. 2. "Conceptual Design Directional Drill Crossing- Colorado River- Noble Lateral Replacement dated 9/2/11" 3. As -built drawing #04110.2 -AL -005 Rev. 5. Page 4 of 4 ... w..o.,o415410,1t /A'0.` .74-00 a. at.ip (.]a 5.0 -m Grvhr... 'ix,J } • fz— SOO 4h 14 4 1 MOTES PRELIMINARY CONCEPT DESIGN ONLY SSW Wit RICC DRAWING Rtac..7l. Sa [!Ih[fn r.et 1061 DIZEZ7 0NAL DW ClICTO.Y N L M.'PGC641i , Y!JlASEVlNT va ya° ..L-'a044.404x1 ADMIY IXS1! 1 A _/j j( V IIJ ERMIT for Williams Production RA/1T [Parachute to Noble Pipeline] In accordance with and pursuant to Section 9,07 ofthe Garfield County Zoning Resolution of 1978, as amended, and Resolution No. 2005 - 53 of the Board of County Commissioners of Garfield County, State of Colorado, the Director of the Building and Planning Department hereby authorizes, by Administrative Permit, the following activity: The construction of a 3.5 mile, 16 -inch low pressure natural gas pipeline,. a 7.3 mile, 12 -inch high pressure natural gas pipeline,• and a 3.5 mile, 4 -inch low pressure water gathering and /or distribution pipeline within the vicinity of the Town of Parachute, Colorado. The Administrative Permit is issued subject to the conditions set forth in Exhibit A (attached hereto), and shall be valid only during compliance with such conditions and other applicable provisions of the Garfield County Zoning Resolution, Subdivision Regulations, Building Code, and other regulations of the Board of County Commissioners of Garfield County, Colorado. BUILDING AND PLANNTNG DEPARTMENT, GARFIELD COUNTY, COLORADO Exhibit A 1. Any equipment used in construction or operation of a pipeline must comply with the Colorado Oil and Gas Conservation Commission Rules and Regulations, Section 802, Noise Abatement. Additionally, all power sources used in pipeline operations shall have electric motors or muffled internal combustion engines 2. Pipeline operations shall be located in a manner to minimize their visual impact and disturbance of the land surface. Facilities shall be painted in a uniform, non- contrasting, non - reflective color, to blend with the adjacent landscape. Right -of- way shall be located in existing disturbed areas unless safety or visual concerns or other adverse surface impacts clearly dictate otherwise. 3. All "special provisions" specified in the Garfield County Road and Bridge Department's utility permit must be satisfied (See Exhibit B and Exhibit C). 4. All access and oversize or overweight vehicle permits shall be obtained from the County Road & Bridge Department prior to beginning operation. Any new roads or intensified driveway accesses created as a result of the pipeline construction, intended to be permanent for maintenance and repair operations shall be placed behind a locked gate or other barriers preventing use by recreational vehicles. Any gates or barriers need to be consistent with the surface owner's preferences. 5. Revegetation along the pipeline corridor and along the County Road for the crossings shall be required to be approved by Garfield County Vegetation Manager and the ROW restoration will be approved by Garfield County Road & Bridge Department representative. 6. All vehicles working within Garfield County Right of Ways will be licensed and registered in the State of Colorado. All vehicles hauling equipment and materials for the pipeline construction will abide by Garfield County Road & Bridge Departments oversize/overweight regulations. All vehicles requiring an oversize/overweight permit will send a letter showing proof that they can operate under a known bond holder on file with Garfield County Road & Bridge Department before a permit will be issued. 7. A ROW survey showing the pipeline location and a traffic centre' pion will be submitted to Garfield County Road & Bridge Department prior to starting the project. In addition, the applicant shall provide digital gas- built" drawings to be provided to the County upon completion. 8. The applicant shall construct a washing station that will wash vehicles and equipment prior to entering end exiting the work site. Please contact the Garfield County Vegetation Manager at 625 -8601 when the stations are on site. 9. The Applicant shall provide the County with a revegetation security for fee lands in the amount of $2,500.00 per acre disturbed on private land. The applicant has indicated that 7317 acres of private land will be disturbed Based on these figures, the applicant must provide a revegetation security in the amount of $182,025. The seed mix in the Plan shall match the seed mix used in the field. 1 the field. Seed mix containing yellow sweet clover (Melilofus of cinalis) or annual yellow sweetclover (M. indicus) shall not be used. The amount of seed specified to be planted in the Plan shall match the quantity of seed used in the field. The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards in the Garfield County Weed Management Plan. It is the responsibility of the applicant to contact the County, upon successful revegetation establishment, to request an inspection for security release consideration. 10.. The Applicant shall provide the County with a digital alignment of the pipeline once constructed in a format readable to the County. 11. In no case shall an operator engage in activities which impact Federal or State threatened and endangered species. 12. Air contaminant emissions shall be in compliance with the applicable permit and control provisions of the Colorado Air Quality Control Program, Title 25, Resolution 7, C.R.S. 13. All operations shall comply with all applicable Federal and State Public Health and Environment, Noise, and Air and Water Quality Control standards. 14. Should an abandoned pipeline be removed, it will be subject to the original revegetation and weed management requirements in the original application. 2 Garfield County I Road and Bridge Department 0567 County Road 352 To: BOCC Re: Williams Pipeline Request Date: November 8; 2006 BOCC: Williams Gathering Division of Williams Production has requested permission to install three pipelines in a single trench within the County ROW along Cr. 300 (Parachute Una Road). The pipelines will include a 12 -inch high pressure gas, a 16 -inch low pressure gas and a 4 -inch water line to limit the need for water trucks. There will also be a road bore under Cr. 300 on the east end of the pipeline to tuna the pipeline to cross the Colorado River. The length of the pipeline within the County ROW will be 5625 -feet. The water line will be cased and vented to atmosphere. Williams has made many attempts to seek private easement for the installation of this pipeline and have made agreements with some landowners outside of our ROW, but no agreements can be reached for this section of the pipeline. For this reason Williams is requesting permission to install this section of pipelines within the County ROW. Williams will submit a certified traffic control plan to Garfield County Road & Bridge Department. No trenches will be left open and certified traffic control will be onsite at all times during working hours. Williams will repave this section of road with a 4-inch mat after completion of the pipeline. The approximate start date for the project is August 1, 2006. The project will be completed with the paving before the frost season. Garfield County Road & Bridge Department reconunends approval of this request with adherence to all provisions specified by the issued utility permit and any recommendations made by the BOCC. Jake B. Mall Marvin Stephens Administrative Foreman Road and Bridge Director Garfield County Road & Bridge Dept. Garfield County Road & Bridge Dept. PO. Box 426 Rifle, CO 81650 Phone: 9704 625 -8601, Fax: 970525.8627 Special Provisions for Pipeline 1. Starting Date: Within 14 days after issuance of utility permit by Garfield County Road & Bridge Department. 2. Completion Date: 90 days after commencement, weather permitting. If project is not completed within the 90 days the contractor will apply to Garfield County Road & Bridge Department for an extension to the permit. 3. A Ietter of credit for construction purposes will be submitted to Garfield County Road & Bridge Department in the amount of $65,000,00 (Sty Five Thousand Dollars). The letter of credit will be held for one year after completion of the project. 4. Company will furnish on electronic format to Garfield County Road & Bridge Department an as- built survey upon completion of the project 5. Contractor will furnish to Garfield County Road & Bridge Department a list of contact names and numbers of all companies working on the project. Garfield County Road & Bridge Department will furnish to contractor the same. 6. A traffic control plan will be submitted and approved by Garfield County Road & Bridge Department prior to permit being issued 7. The buried depth of the pipeline shall be 60- inches to top of pipe within County Right of Way. S. Cr. 300 f Parachute Una Road) will be kept open to traffic at all times. Traffic delays of 10 minuets are acceptable, except for emergency vehicles. Road crossings will be bored. If bore fails 3 time or boring tool becomes stuck, road way may be cut with special permission of Garfield County Road & Bridge Department. 9. Affected areas will be graded and shaped to include road surface and barrow ditches. This will include replacement of road surface with a 4 -inch asphalt mat if contaminated or deemed necessary by Garfield County Representative. Areas of construction will be inspected and approved by Garfield County Representative. 10. Bacicfilling will be with excavated and imported material at 95% compaction with moisture. Testing intervals will be determined on site by Geo -Tech hired by contractor and agreed to by Garfield County representative. Test results will be 11. sent to Garfield County Road & Bridge Department, P. 0. Box 426, Rifle, CO 81650 to be reviewed and approved by Garfield County engineering department. 12. Rocks exceeding 10- inches in diameter shall be removed from site. It is the contractor's responsibility to locate place to discard rocks. 13. Affected areas outside of road driving surface will be reseeded with a mix submitted by contractor and approved by Garfield County Vegetation. Manager. Contact Steve Anthony at 970- 625- 8601 'Ext.105 or 970 - 379 -4456. List plant material, be specific (scientific and cormnon names required). Planting schedule (to include timing and methods). A map of the area impacted (where the soil will be disturbed). 14. A letter of credit for revegatation will be submitted to Garfield County Vegetation Department in the amount of $8000.00 (eight thousand dollars). After initial planting letter of credit wilI held for a maximum of two years. 15. Contractor will notify Garfield County Road & Bridge Department 48 hours prior to starting project and of any problems arising during the project. Contact Jake B. Mall at 970 -625 -8601 Ext. 104 or 970- 618 -6194. 16. Garfield County Road & Bridge Department reserves the right to shut the project down if road damage starts to occur, dust becomes a problem or during inclement weather that could become a safety issue for the traveling public. 17. Garfield County Road & Bridge Department representative will do a final inspection upon completion of the project. 18. Vehicles and equipment used by employees constructing the pipeline will be licensed and registered in the state of Colorado. 19. All vehicles transporting equipment and material used for the project will abide by Garfield County's oversize /overweight regulations and follow approved haul routes. 20. A letter of commitment stating that the asphalt replacement will be in place prior to the frost season. 21. Utility permit will be issued upon approval of an Adrninistrative review process. Ca,ld County Road and Bridge Department 0567 County Road 352 To: BOCC Re: Williams Pipeline Addition Request Date: November 8, 2006 BOCC: Williams Gathering Division of Williams Production has requested permission for an addition to install three pipelines in a single trench within the County ROW along Cr. 300 (Parachute Una Road). The pipelines will include a 12 -inch high pressure gas, a I6 -inch low pressure gas and a 4-inch water line to limit the need for water trucks. There will also be a road bore under Cr. 300 on the east end of the pipeline to turn the pipeline to cross the Colorado River. The length of the pipeline within the County ROW will be 2709 -feet. The water line will be cased and vented to atmosphere. A land owner that Williams made an agreement with has decided not to allow this section of pipeline on his property. For this reason Williams is requesting permission to install this section of pipelines within the County ROW. Williams will submit an updated certified traffic control plan to include this section of pipeline'to Garfield County Road & Bridge Department. No trenches will be left open and certified traffic control will be onsite at all times during working hours. Williams will repave this section of road with a 4 -inch mat after completion of the pipeline, The approximate start date for the project is October 2006. The project will be completed before the frost season. Due to asphalt constraints the paving may have to take place in 2007 with necessary road repairs made in 2006. Garfield County Road & Bridge Department recommends approval of this request with adherence to all provisions specified by the issued utility permit and any recommendations made by the BOCC. Jake B. Mall ivlarvin Stephens Administrative Foreman Road and Bridge Director Garfield County Road & Bridge Dept. Garfield County Road & Bridge Dept. Special Provisions for Pipeline Includes addition to original pipeline 1. Starting Date: Within I4 days after issuance of utility permit by Garfield County Road & Bridge Department. 2. Completion Date: 90 days after commencement, weather permitting. If project is not completed within the 90 days the contractor will apply to Garfield County Road & Bridge Department for an extension to the permit. 3. A letter of credit for construction purposes will be submitted to Garfield County Road & Bridge Department in the amount of $100,000.00 (One Hundred Thousand Dollars). The letter of credit will be held for one year after completion of the project. 4. Company will furnish on electronic format to Garfield County Road & Bridge Department an as -built survey upon completion of the project. 5. Contractor will furnish to Garfield County Road & Bridge Department a list of contact names and numbers of all companies-working on the project. Garfield County Road & Bridge Department will furnish to contractor the same. 6. A traffic control plan will be submitted and approved by Garfield County Road & Bridge Department prior to permit being issued. 7. The buried depth of the pipeline shall be 60- inches to top of pipe within County Right of Way. 8. Cr. 300 (Parachute Una Road) will be kept open to traffic at all times. Traffic delays of 10 minuets are acceptable, except for emergency vehicles. Road crossings will be bored. If bore fails 3 times or boring tool becomes stuck, road way may be cut with special permission of Garfield County Road & Bridge Department. 9. Affected areas will be graded and shaped to include road surface and barrow ditches. This will include replacement of road surface with a 4-inch asphalt neat if contaminated or deemed necessary by Garfield County Representative. Areas of construction will be inspected and approved by Garfield County Representative. 10. Backfilling will be with excavated and imported material at 95% compaction with moisture. Testing intervals will be determined on site by Geo -Tech hired by contractor and agreed to by Garfield County representative. Test results will he 11. sent to Garfield County Road & Bridge Department, P. 0. Box 426, Rifle, CO 81650 to be reviewed and approved by Garfield County engineering department I2. Rocks exceeding 10- inches in diameter shall be removed from site. It is the contractor's responsibility to locate place to discard rocks. 13. Affected areas outside of road driving surface will be reseeded with a mix submitted by contractor and approved by Garfield County Vegetation Manager. Contact Steve Anthony at 970 -625 -8601 Ext.105 or 970 -379 -4456. List plant material, be specific (scientific and common names required), Planting schedule (to include timing and methods). A map of the area impacted (where the soil will be disturbed). 14. A letter of credit for revegatation will be submitted to Garfield County Vegetation Department in the amount of $11000.00 (Eleven Thousand Dollars). After initial planting letter of credit will, held for a maximum of two years. 15. Contractor will notify Garfield County Road & Bridge Department 48 hours prior to starting project and of any problems arising during the project. Contact Jake B. Mali at 970-625-8601 Ext. 104 or 970 -618 -6194. 16. Garfield County Road & Bridge Department reserves the right to shut the project down if road damage starts to occur, dust becomes a problem or during inclement weather that could become a safety issue for the traveling public. 17, Garfield County Road & Bridge Department representative will do a final inspection upon completion of the project 18. Vehicles and equipment used by employees constructing the pipeline will be licensed and registered in the state of Colorado. 19. All vehicles transporting equipment and material used for the project will abide by Garfield County's oversize /overweight regulations and follow approved haul routes. 20. All utilities within County right of ways shall be removed at the owners expense upon request from Garfield County Road & Bridge Department for road improvements or other construction projects. 21. Utility permit will be issued upon approval of an Administrative review process.