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HomeMy WebLinkAbout1.0 Application.pdfQ\OLSSON ASSOCIATES Special Use Permit Amendment Compressed Natural Gas (CNG) Filling Station Encana Oil & Gas (USA) Inc. Garfield County, CO June 2011 O\OLSSON ASSOCIATES June 16, 2011 Garfield County Building and Planning Department Molly Orkild- Larsen, AICP 0375 County Road 352, #2080 Rifle, CO 81650 Subject: Encana Oil & Gas (USA) Inc. (Encana) SUP Amendment Application Compressed Natural Gas (CNG) Filling Station On behalf of Encana, Olsson Associates is hereby submitting the subject land use change application to Garfield County. As detailed in the enclosed application, the proposed SUP amendment is a request to permit the use of a compressed natural gas (CNG) filling station adjacent to the temporary office building occupied by Encana employees off of CR 215. The estimated fuel pumped will be 150 gallons per day and powered by electricity. Encana is converting their vehicle fleet to CNG and requires a station close to their vehicles for refueling. Presently, CNG stations are located in either Grand Junction or the City of Rifle. The facility will consist of three (3) cylinders skid mounted. A hose will be suspended above the cylinders for easy fueling. The gas source will be from an existing gas line on the site. Therefore, no additional traffic will be generated to the proposed gas tanks. If you have any questions regarding this submittal, please contact our office at 970 - 263 -7800. Sincerely, Mike Markus Project Scientist Olsson Associates 826 21'4 Road TEL 970.283.7800 Grand Junction, CO 81505 FAX 970.283.7456 www:oaconsulting.com Attachment A Application Form and Agreement for Payment form GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 RECEIVFij Glenwood Springs, Colorado 81601 JUN 1 7 2011 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.darfield- countv.com GARFIELD COUNTY BUILDING & PLANNING 3 M-i :L 1- 6599 ❑ MAJOR IMPACT REVIEW ❑ MAJOR IMPACT REVIEW [AMENDMENT] IN SUP AMENDMENT [Issued under the Zoning Resolution of 1978. as Amended] GENERAL INFORMATION (Please print legibly) ➢ Name of Property Owner: American Soda, LLP (Todd Wilson, Plant Manager - Parachute) ➢ Mailing Address: 2717 County Road 215 Telephone: ( 970 ) 285 -0400 ➢ City: Parachute State: CO Zip Code: 81635 Cell: ( ) ➢ E -mail address: FAX: ( ) ➢ Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc): ➢ Mike Markus, Olsson Associates ➢ Mailing Address: 826 21 1/2 Road D. City: Grand Junction Telephone: ( 970 ) 263 -7800 State: CO Zip Code: 81505 Cell: (970 ) 210 -5783 ➢ E -mail address: mmarkus ©oaconsulting.com ➢ Requested Use from Table 3 -501 or 3 -502: FAX: ( 970 ) 263 -7456 Accessory building or structure - accessory to Professional Office for Conduct of Business or Profession ➢ Street Address / General Location of Property: 2717 County Road 215, approximately 3 miles north of the Town of Parachute ➢ Legal Description: NW1/4 SE1 /4 of Section /Township South, Range 96 West 6th P.M., Garfield County, Colorado ➢ Assessor's Parcel Number: 2 4 0 9 - 0 2 2- 0 0- 4 8 ➢ Existing Use: Fully functional modular unit located in a fenced parking lot ➢ Property Size (in acres) Zone District: Resource Lands/GS Last Revised 10/6/09 I. GENERAL SUBMITTAL REQUIREMENTS [The following general application materials are required for all Major Impact Review Applications in Garfield County. Application materials and review standards that are specific to an individual use (Mass Transit Facility, Extraction, Solid Waste Facility , etc,) are detailed in Sections 3 -301 of Article 111 and Article VII of the Unified Land Use Resolution (ULUR) of 2008.] A. Submit a completed and signed Application Form, an application fee, and a signed Agreement for Payment form. Enclosed B. A narrative explaining the purpose of the application and supporting materials that address the standards and criteria found in Articles 111 and VII of the Unified Land Use Resolution of 2008. Enclosed C. Copy of the deed showing ownership. Additionally, submit a letter from the property owner(s) if the owner is being represented by another party other than the owner. If the property is owned by a corporate entity (such as an LLC, LLLP, etc.) Please submit a copy of recorded "Statement of Authority" demonstrating that the person signing the application has the authority to act in that capacity for the entity. Enclosed D. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing the subject property and all public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, private and public, and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the County Assessor's Office. You will also need the names (if applicable) of all mineral interest owners of the subject property, identified in the County Clerk and Recorder's records in accordance with §24- 65.5 -101, et seq. (That information may be found in your title policy under Exceptions to Title). Enclosed E. 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 land use change to the surrounding area for which a copy of U.S.G.S. quadrangle map may be used. Enclosed F. A copy of the Pre - Application Conference form completed during the original Pre - Application Conference. Enclosed G. Submit 3 copies of this completed application and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the application has been deemed technically complete. 3 copies and CD enclosed �. Major Ir past Roviow Rrococc the-Ma}er pact Roviow procacs for to 1. Application Form 2. Supporting documents necessary to evaluate the proposed revision(s) 3. Written Statement of proposed amendment(s) which includes how the requested amendment does not result in a substantial change defined here: Substantial Change. A change to and existing approved land use resulting in one or more of the following: 1. A change in land use category. 2. A change in site design which increases a. The number of dwelling units. b. The maximum square footage of structures less than 10,000 sq. R over 100% and structures over 10,000 sq. ft. by 10%, If a maximum has been specified in a permit or approval. c. Projected traffic such that a highway access permit or an amendment to a highway access permit is required as a result of the change. d. The size of the land which is the subject of the permit or approval 3. A change in land use which creates or increases the incompatibility of the use. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. f al (dig tore of Property Owner) Date GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shalt be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and Encana Dil a Gas (USA) Inc. Property Owner (hereinafter OWNER) agree as follows- 1. OWNER has submitted to COUNTY an application for special Use Permit Amendment - CNG Filling Station (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_ .1 . i 6( . 4 L , _ c , i ( , 1 / 1 Sig ure Date J.As , •,i EC-ic viAt4.1,1 Print Name Mailing Address: 2717 County Road 215 , Suite 100 Parachute, CO 81635 Page 4 Attachment B Narrative and Supporting Documentation O\OLSSON ASSOCIATES Project Description — Special Use Permit Amendment Written Statement of Proposed Amendment As detailed in this application, Encana Oil and Gas (USA) Inc. ( Encana) requests from Garfield County a Special Use Permit (SUP) Amendment and approval to install a compressed natural gas (CNG) station adjacent to the temporary office building occupied by Encana employees off of CR 215. The estimated fuel pumped will be 150 gallons per day and powered by electricity. Encana is converting their vehicle fleet to CNG and requires a station close to their vehicles for refueling. Presently, CNG stations are located in either Grand Junction or the City of Rifle. The facility will consist of three (3) cylinders skid mounted. A hose will be suspended above the cylinders for easy fueling. The gas source will be from an existing gas line on the site. Therefore, no additional traffic will be generated to the proposed gas tanks. No Substantial Change Pursuant to Section 16 -101 of the Garfield County Land Use Code, 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; Applicant response: The proposal is consistent with the previous Land Use Change Permit approval. 2. Does not change the use category of the proposed development between residential, commercial and industrial uses; Applicant response: The proposal will not change a use category. 3. Does not change the basic character of the approved use of land on which the activity occurs, including basic visual appearance and method of operation; Applicant response: The proposal will not change the basic character of the approved use of land 826 211/2 Road TEL 970.263.7800 Grand Junction, CO 81505 FAX 970.263 7456 www.oaconsulling.com 4. Does not constitute a new land development activity; Applicant response: The proposal does not constitute a new development activity. 5. Does not violate any Land Use Code standard; Applicant response: The proposal 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; Applicant response: The proposal does not substantially Increase off -site Impacts. The gas source will be from an existing gas line on the site. Therefore, no additional traffic will be generated to till the proposed gas tanks. 7. Does not substantially increase the need for on -site parking or utilities; Applcant response: The proposal does not substantially increase the need for on -site parking or utilities. 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 Applicant response: The proposal does not Increase the floor area by more than five (5) percent or decrease open space by more than five (5) percent on the site. 9. Does not endanger the public health, safety or welfare. Applicant response: The proposal does not endanger the public health, safety or welfare. Attachments: 1: Site Plan 2: Schematic Drawings 3: Previous Resolutions Attachment 1 Site Plan TES, R86W Vicinity Map Scale: 1" = 2000" SW CORNER SECTION 34 1912 GLO BRASS CAP i i r 1 ff � 0 ~� it.—CHAINUIVK PENCE rrcz TWAV 4 lerActi DRAMAGE GIME Q Aa OUTii 1/4 CORNER SECTION 34 1912 G L Q BRASS CAP Owner: American Soda LLP ATEf06 Mil growl 8URY YiF1(} E`r'a` Vilan11 A'ort iponne4816 Map Showing EnCana Oil & Gas (USA) inc. Office Building Site Plan located In the NW114 SE1/4 of Section 34 TBS, R126W, 6th P,M. GARFIELD COUNTY, COLORADO J Attachment 2 Schematic Drawings en 0 Hate and lime Saw X X X X X X-X M X-- 11 X X 0-1- -TRANSFORMER. ELECTRICAL ME TER, 0 SCONNEC TS PANELS C X CNC STORAGE CYJNDERS SKID MOUNTED PRIORITY PANEL 23.- 0" WARE WA.7E ANK r N. CONC CURB 113.- 0. NOV. COMP. PAD L 0 ARD READER.° * 0 EXISTING 7 GAS ME TER DISPENSER LOCATION 20-0" PUTAX1x2. MAR= 001M0 ma. • Irn" PROJECT 0.P7 POJ. L7cm C. 1:061 Ns. pont. 2ut srAct 1A4 SA 11} Dr. 1C) As- ...11 (0) IST OIRO. APPD. PSPIER SINAP DIONILICK'S STAMP CAUTION READ BEFORE EXCAVATION ALL EXCAVATIONS MUST BE CARRIED OUT AS PER "ENCANA'S GROUND DISTURBANCE PRACTICE" NOTES: 1, .NFP A 52 SEC RON 8 t: FA 4P 2 -5.3 I 0-0" FROM AJOINING PROPERTY 2, f 2 SECTION 8 84.2 a DURING OUTDOOR R FUELING OPERA IIONS THE POINT OF TRANSFER SHALL RE COCA TED 10.-0" ANY BUILDING. 1) USE E XIS 1 INC COMPRESSOR 2) ADD N W PRIORI 1 Y PANEL 3) ADD NEW DISPENSER 4) ADD NEW STORAGE VESSEL GAS METER IMPACT SYSTEM AL- 800 MAOP 20 PSI 830 C F.F1 0 /2" OIFF. 12C0 C F.H 0 2" DIFF encana. nattnigas rr PARACHUTE OFFICE /175 GWD DESIGN INC. PLOT PLAN POW STAMP MO PPINTSSOMM, STAMP WM) Aim( SMALL APPLY 10 PEAS) PARACHUTE, CO mon 7■115-PAR-CGN-3100 NOTES 1 DESIGN 2 DESIGN TCHP 3 SERv10E 4 VESSEL MATERIAL 5 HEAT TREATMENT _ 6 FABRICATION:_ _ _ 7 INSPECTION _ - _ S STAMPING; 9 REGISTRATION _ - 10 EXTERIOR, I1 INTERIOR 12 ULTRASIINIC TEST_ ASK LPV CODE SECTION Vlll, DIV. 1. 2007. ADDENDA 2009b AND APPENDIX 22 tSF =3) MINUS 40•r. TO PLUS 200'r. DRY GAS NON - CORROSIVE ASME 54372 GRADE J, CLASS 70. LIQUID QUENCH 6 TEMPER TO OBTAIN THE FOLLOWING PROPERTIES. TENSILE - _ - . 120.000 PS! MIN. 135,000 PST MAX YIELD 70,000 PS! MIN, 17 MILS MIN LATERAL EXPANSION AT 40T (MDHT) VESSEL SHALL OE SEAMLESS TYPC WITH SWAGED ENOS MAGNETIC PARTICLE INSPECT EXTERIOR CHECK BRINELL HARDNESS AVE PER APPENDIX 22 WORKING PRESSURE roe SArCTY FACTOR or 4 (4125 PSI -40'F TO •200'F DESIGN TEMP,) AND ALSO SAFETY FACTOR OF 3 (5500 PSI) TO BE STAMPED ON VESSEL APPENDIX 22 (SF =3) TO BE STAMPED AFTER LATTER PRESSURE NARKING. _ REGISTER VITH NATIONAL BOARD. GRIT BLAST L APPLY SHERWIN WILLIAMS DURA PLATO 235 EPDXY PRIMER (BUFF) 3 -6 MILS DF7., AND TOP COAT WITH S/V HI- SOLIDS _ GRIT BLAST FREE Or LOOSE SCALE. VACUUM CLEAN, PURGE VITH DRY NITROGEN 6 SEAL FOR SHIPMENT _ VESSEL 70 BE ULTRASONICALLY TESTED TO DETECT A NOTCH EQUAL TO SX. OF DESIGN MINIMUM WALL THICKNESS. ASSEMBLY NOTES 1 DETERMINE NORMAL ATTITUDE OF REPOSE Or EACH VESSEL AND INSTALL INTO HOUNTING BEANS ACCORDINGLY. 2 ASSEHBLE LOCK COLLARS TO VESSELS USING LOCTITE 140 680-60. 3 IT IS THE RESPONSIBILITY OF THE USER TO PROVIDE VENT PIPES TO A SAFE DISCHARGE AREA THAT MEETS ALL LOCAL AND NATIONAL CODE STANDARDS. 4 LOCK REAR VESSEL SHUT OFF VALVES IN THE OPEN POSITION TO COMPLY WITH UG- 135(Q) OF ASME CODE 5 WELD HK.24 C2 PLACES) TO MOUNTING BEAM FHc.2 WITH 1/4 FILLET VELD. TO CREATE 1' SLOPE ON VESSELS FOR DRAINAGE. SAFETY RELIEF VALVE SET PRESSURE 5500 PS1G TYPICAL EACH VESSEL 1.- X15 28 7. 2' 28 POLYURETHANE WHITE/ 4 -6 MILS OFT 23' -61 REF 23' -0' ' VESSEL LENGTH i• DIA HOLE (4 PLACES) 1' DIA- ELONGATED HOLES (4 PLACES) IF REO'D SEE ASS'Y- NOTE 5 9 8 3 3/4' NGT OUTLET PLUG 3 1/2' NOT OUTLET PLUG 214P4407 -2 2HP4407 -1 AlrA ell 17 3 1/2' HEX NIPPLE SWAGCLOK NO. SS -8 -HN 16 3 1/2' NPT S.S. VALVE - NUTRON NO. I /2'1113- FOSS60ALU 34 15 cu. rT r 102 45 CU FT. 5500 PS1 8250 PSI 6697 LBS PER VESSEL I PER ASSEMBLY DESIGN TEST VESSEL 7 6 BACK -UP RING 214P2134 316 S.S - 6000 PSI B S.F. 4 TO 1 WATER VOLUME - NOMINAL PRESSURE PRESSURE WEIGHT 21030 LBS TOTAL, VT Or 455'Y 6 6 '0' RING 214P2490 15 3 SAFETY RELIEF VALVE - FLOWSAFC F04 -4 1101 -2158F -202 5 - SHIM PLATE - AS REOUIRED AT ASSEMBLY 213P5041 SET PRESSURE 5500 PSIG - CARBON STEEL 4 6 LOCK COLLAR 4MP3703 14 3 I' PLASTIC PLUG - NIAGARA NO. TP -11 24 2 BASE PLATE WITH 1' DIA. HOLES 21125070 23 12 WASHER 3/4' SPLIT LOCK CARBON STEEL ZINC PLATED 3 1 2 1 1 3 m.,& WTC 4Cv1STDN 67 61LL MOUNTING BEAM MOUNTING BEAM 20' O.D. SEAMLESS STEEL VESSEL SPECIrIcAti s INTERIM 414P3799 -1 4MP3787 -2 411P3714 13 12 11 10 6 3 3 3 1/2' PLASTIC SHIPPING PLUG - NIAGARA 140. 1P -7 1/2' ANGLE VALVE - ANDERSON /GREENWOOD RHIVES -440A 1/2' STREET ELBOW - 316 S.S. - AUTOCLAVE NSPL8800 3/4' NPT 5•S VALVE - NUTRON NO. 3/4'U13- F07560ALU 316 S5 - 6000 P51 e S.F. 4 TO 1 22 21 20 19 18 6 3 3 12 12 3/4' HEX NIPPLE - 316 5S. - AUTOCLAVE M10MAPI2P12 UNLESS 014(4wISC SPECI:ICD QI+ICNSIDNS ARE IN P CMCS 10LERANCCS ON RACTIONK DCCIN4LS ANGLES x x x lta{- * C NO4 BGG c.cc.c• 3/4' STREET ELBOW - 316 SS. - AUTOCLAVE RSPLI2 3' : 3' x I /1' STEEL ANGLE . LENGTH TO BE DETERMINED 3 /4•-IONC HEAVY HEX H0. BOLT X 2 3/4' 2HP2754 -6 NUT 3 /4' -IONC HEAVY HEX ASTH 4194 GR2H ZINC PLATED StR►ACt MASHES MISS OI.CRVISC I61ED NACMINED SWroal to it ALL X44$ woo DICKS mi. ""°" 3 VESSEL 'I' BEAM ASSEMBLY 20' OD VESSE_S 10245 CU FT - 5500 PSI DP Bpi CP INDUSTRIES. Inc. 2214 WALNUT STRCCT MCKEESPORT. PA 15132 rSCH NO 411079 NMVK 8X15670Q a In In Date and Time Saved: 2011- 02 -23, EAC PER NFPA 52 SECTION B (84.29) o— jiRANSFORMER, ELECTRICAL METER, DISCONNECTS PANELS 10' R RED WASRE WATE TANK SEPTIC PUMP tc 71 A 0, rr� /;- R / CAR D ZrArirRA,EA. "3, L� R ` CONC. CURB Q 1007 A V / ---x F(.hr CF I Me OFFICE TRAILER EAC PER NFPA 52 SECTION 8 (8 4,7 9) PIRLI=T Dc DIPTION Ma oYJI m. 10.131 w. MO. BRAE mac . -- x wm. MM. Reran (A) ,m.,._ -+s PoeR( Sf�YP I Ad R] Conn. (CI 3 a -six IW CAUTION : READ BEFORE EXCAVATION ALL EXCAVATIONS MUST BE CARRIED OUT AS PER "ENCANA'S GROUND DISTURBANCE PRACTICE" z a bO T ES: 1 NFPA 52 SECT ON 8 8 4 2.3- 10' -0" FROM AJOINhNG PROPERTY 2 NFPA52 SECTON 8 8 4 2 8 OJRING OUTDOOR FUE ". NG OPERATIONS THE POINT OF TRANSFER S-A._ DE LOCATED 10' -6' ANY BUILDING. 1) USE EX SING COMPRESSOR , 2) ADO NEW PRIOR T r PANE. 3) AOD NEW O SP ENSER 4) ADD NEW STORAGE VESSEL GAS METER IMPACT SYSTEM AL -500 MAOP 20 P51 800 C.F H O 1/2' DOFF, 1 700 C f.H. O 2" CHEF i L1 . LEGEND CLAMS I, OMEN 2, GREW CLAW l OM1rIIION 1. GROUP PARACHUTE OFFICE encana_ natural gas - ,as 1 1. Ir. GWD DESIGN INC. Poem MO AN3 rlloraLdML SUMP ono= ao c Mau. APPLY &LT TO 11LV(s) +mL ELECTRICAL AREA CLASSIFICATION PLAN PARACHUTE, CO I7 NP- PAR -CNG -7010 , .......1..._ . _i ...ti, mac, X A i Date and Time Saved. 2011-02-23, .r. „ I -X-- X t X X X 10.- 0" EtECTRicAL LAUER, DISCONNECTS PANELS L.1 CN CNG STORAGE CYLINDERS sroD MOUNTED PRIORITY PANEL 23'- 0' Cr SEPTIC pumP r h.. RED WASRE WATE ANK 7'-8" CONC CURB 18'-0" 7.-8- NGv. cOPAP PAD Ter 7 7 CARD RE ADER .4 () EXISTING GAS -- 1 METER DISPENSER LOCATION , • OFFICE TRAILER RITEREKCE Of WANGS ■03 PII0XCt 0001.110* CPC APPO. eft S4 1 CAUTION : READ BEEQIIE EXCAVATION ALL EXCAVATIONS MST BE CARRIED OUT AS PER "ENCANA'S GROUND DISTURBANCE PRACT CE" 1.11114EIT SIAIAP CPCMCCill NOTES: 1. NFPA 52 SECToN 8 8 4 2 3 IC -0 FROM AJOIN,NG PROPERTY 2 NFPA52 SECTION 8 84,2 8 DURING OUTDOOR FUE.1NG OPERAT ONS THE POINT OF TRANSFER SHALL LIE .0CATED 10-0" ANY BUILD,NG I) USE ExsTNC COMPRESSOR 2) ADD NEW FR °MTV PANEL 3) ADD NEW DISPENSER 4) ADD NEW STORAGE VESSEL f encana. n Et t g a s PERIA7 STAMP AIC 14011"2200NOL STAMP MVP] MIME SMALL APPLY OW 10 PICVNI GAS METER IMPACT SYSTEM AL- 800 PAAOP 20 PSI 800 CF.H 0 172" DIE. 1700 C,H. 2- DWI ir PARCH= WILE 11.4 I:75 GWD DESIGN INC. PLOT PLAN PARACHUTE, CO w"IftfiT)-PAR-CGN-3100 7 3 1/4- 2a'-o• 22' -B 1/2•± 1/2' 1' -41/z` 4'- 117/8- 8'-4 3/8' (SIIOP MIT) 6' -4 3/8• 4.-11 7/8' 3 1/4' 1' Dlti NM Ti?. r FLAG[! LOCI CC SKM 5 1/2- 22' -Y* 1/2• IMO 1' -0. ArQ 4 kOM- tete 1W1. MD 1. SMD Hatt K PLACED OM 1l fOUIMA1MM POMMY e131 *L Me Dt MULIOM OF Ili oll(L SECTION 11CA1! r - r-e' A MOTIONCC OS. M0. 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M,lw AN Mma Vila Items Mw M imam moil 1..1111 ••• OWL Attachment 3 Previous Resolutions 11111 1110 11111111 HIE 1111 1111111111111111 1il1 1111 665759 12/22/2004 12:16P B1650 P93 K ALSDORF 1 of 1 R 0.00 D 0.00 GARFIELD COUNTY CO SPECIAL USE PERMIT American Soda LLP In accordance with and pursuant to the provisions ofthe Garfield County Zoning Resolution of 1979, as amended, and Resolution No. 2004 -128 of the Board of County Commissioners of Garfield County, State of Colorado, hereby authorizes, by Special Use Permit, the following activity. Industrial Processing Facility on the tract of land described Resolution No. 2004- and in Garfield County, Colorado: The within Special Use Permit is issued subject to the conditions set forth in the above - mentioned resolution, 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. BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO 11.15t81111,11R1)11.1111 IIII III WI1NI III IIIY tlN IYI 1 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood Springs on Monday, the 20th day of December, 2004, there were present: John Martin Larry McCown Tresi Haupt Don. DeFord Mildred Alsdorf Ed Green , Commissioner Chairman , Commissioner , Commissioner , County Attorney Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit; RESOLUTION NO. 2004- 128 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION FOR THE OPERATION OF AN INDUSTRIAL PROCESSING FACILITY FOR AMERICAN SODA LLP AND THE AMENDMENT OF RESOLUTION NO. 99 -055. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from American Soda LLP. concerned with a Special Use Permit to allow for an Industrial Processing Facility; WHEREAS, the Board held a public hearing on the I7t day of August, 2004, upon the question of whether the above- described Special Use Permit should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Special Use Permit; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact: 1. That proper publication and public notice were provided as required by law for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, 1 111111 11111 1111111 iio iiii 1111 11111111 111 11111 1111 1111 665758 12/22/2004 12:15P 81650 P89 M AL$DORF 2 of 5 R 0.00 0 0.00 GARFIELD COUNTY CO that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearing. 3. That the application is in compliance with the Garfield County Zoning Resolution of 1978, as amended. 4. For the above stated and other reasons, the proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Special Use Permit be and hereby is approved to allow an Industrial Processing Facility, upon the following specific conditions: 1. All proposals of the applicant and representations made at the hearing shall be considered conditions of approval unless stated otherwise by the Board of County Commissioners. 2. All conditions of approval contained in Resolution No. 99 -055 shall be considered conditions of approval for this application. Those conditions being. 1. That all representations of the applicant, either within the application or stated at the meeting before the Planning Commission, shall be considered conditions of approval. 2. As used herein the term "applicant" shall apply to and bind any person, corporation, association or other entity of whatever nature which assumes ownership, responsibility or control over the proposed facility or any part thereof. 3. That the operation of the facility be done in accordance with any federal, state or local regulations governing the operation of this type of facility. 4. That the applicant provide the following plans prior to issuance of a building permit: a. A detailed drainage plan for the site including, including the 100 year floodway boundary . b. A detailed landscaping and weed mitigation plan, highlighting existing areas of noxious weed infestation and a plan for weed management at the site. c. A detailed lighting plan showing generally the type, number and location of on site exterior lighting. d. A detailed parking lot and internal circulation flow plan identifying automobile and truck traffic circulation, access, egress, loading and parking. e. A detailed signage plan outlining attached, detached or off-premise signage. 1 11111111111111110111111111111111111111111111111111111 665758 12/22/2004 12:111, 81650 P90 11 ptSDORF 3 of 5 R 0.00 D 0.00 GARF"IELD COUNTY CO f. A detailed transportation study and plan outlining the estimated impacts to Conn Road 215. g. A detailed noise study and plan outlining the estimated impacts to adjoining property owners. h. A detailed screening plan outlining the anticipated storage and operations screening or berming as maybe required in accordance with the special use perm supplemental regulations. 5. That the applicant provide a road bond covering other road deterioration or mitigation o impacts to County Road 215 as may be created by the applicant's activities or as require by the Road and Bridge Department. 6. The County shall retain, at American Sodas expense, an independent engineer for plan check and an independent building inspector also determined by the County. 7. The applicant shall obtain all necessary building permits as required by Garfield County and shall compensate the County for any and all extraordinary costs associated with the issuance of the special use permit. 8. Prior to mobilization and/ or construction, the applicant shall obtain approval of all proposed crossings of County Roads from the Garfield County Road and Bridge Department including appropriate notification of the public as may be necessary for road closures or other activities as required. 9. Prior to mobilization and/or construction, the applicant or the applicant's contractor(s) shall obtain overweight vehicle permits from the Garfield County Road and Bridge Department 10. The applicant shall obtain all licenses as may be required for vehicles used by the applicant and the applicant's contractor(s) from the Garfield County Clerk and Recorder. 11. The applicant shall re- submit for re- issuance of a special use permit to allow the industrial use as proposed in the Accelerated Action Plan. 12. The applicant shall paint all structures in accordance with the application as submitted prior to occupancy. 13. The applicant shall provide to the County an Emergency Preparedness Plan Draft prior to occupancy. Annual updates detailing compliance and readiness shall be provided annually from the date of issuance of the special use permit to the County. 14. The applicant shall obtain approval and provide to the County all permits listed on Page 32 of the Staff Report within thirty (30) days of the date indicated. Extensions to these 11111111111111111111111 1111 111111111111111 VIII 11111111 665756 12/22/2004 12:15P 81650 P91 h ALSDORF 4 of 5 R 0.00 D 0.00 GARFIELD COUNTY CO deadlines may be granted at the discretion of the Board of County Commissioners without further public hearing. 15. Upon issuance of the special use permit the following, previously adopted Resolutions approving special use permits as apply to the 1,000 acre parcel described in this application, shall be repealed: a. Resolution #81 -11 b. Resolution #81 -100 3. Resolution #82 -186 16. The applicant shall provide to the County, closure reports for the following Correction Action Plans for remediation: a. Active Basin; Final Clean Closure Plan Report for the Active and Inactive Basins, Parachute Creek Shale Oil Facility (flLA, 1996a) b. Inactive Basin; Final Clean Closure Plan Report for the Active and Inactive Basins, Parachute Creek Shale Oil Facility (flLA, 1996a) 3. Temporary Basin No.l; Final Clean Closure Plan Report for the Temporary Basin Nos. 1 and 2, Parachute Creek Shale Oil Facility (f1LA, 1998b ) c. API Separator, Phase 1 Closure and Engineering Evaluation Report, t Active and Inactive Basins Closure Project (flLA, 1996b ) d. Plant Effluent Lift Station; Phase I Closure and Engineering Evaluation Report, Active and Inactive Basins Closure Project (fILA, 1996b ) e. Underground Storage Tank- Maintenance Building; Environmental Site Assessment and Underground Storage Tank Closure Report (Chen Northern, 1993) f. Upgrade Facility- Parachute Creek Shale Oil Facility (fILA No.416502) 17. American Soda shall assume all liability and responsibility for the Oily Water Sewer remediation as identified in fILA No.416502 and make substantial progress of monitoring and remediation 18. The applicant shall provide to the County a Site Rehabilitation Plan detailing basin closures and all required remediation to the satisfaction of the Board of County Commissioners pnor to occupancy. 19. The applicant shall meet all requirements of Section 5. 08, Fiscal Mitigation Program, of the Garfield County Zoning Resolution of 1978, as may be required during the construction or operation of the facility. Dated this 20thday of December , A.D. 2004 1 11111 11111 IIIIIH 11111111111111111111111111111111NP 685758 12/22/2004 12:151' 81650 P92 M RLSDORF 5 of 5 R 0.00 D 0.00 GPRFIELD COUNTY CO ATTEST: j,erktit Board GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Chairm Upon motion duly made and seconded the foregoing Resolution as adopted b John,jviartin Larry McCown Tresi Houpt e following v. te: ,A , Aye , Aye STATE OF COLORADO ) )ss County of Garfield ) 1, , County Clerk and ex- officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 2004 County Clerk and ex- officio Clerk of the Board of County Commissioners MINT Receptionf*; 746654 04J152ee9 04 12111 PM ,loan AkbOrlon 1 of 6 Rea Fee fa 00 Doc feed DO GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) { G At a regular meeting oldie Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the 7th day of April A.D. 2908, there were present: John Martin Larry McCown nisi Mount Don DeFord Jean Alberico Ed Green , Commissioner Chairman , Commissioner , Commissioner County Attorney Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit RESOLUTION NO, 2008 -49 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION FOR A INDUSTRIAL SUPPORT FACILITY FOR A TEMPORARY OFFICE LOCATED IN THE NW 14 OF THE SE % OF SECTION 34, TOWNSHIP 6 SOUTH, RANGE 96 WEST, COUNTY OF GARFIELD, COLORADO WHEREAS, the Board of County Commissioners of Garfield County, Colorado ( "Board "), has received an application from American Soda, LLP for a Special Use Permit ("SUP ") to allow for an Industrial Support Facility for a Temporary Office within the Resource Lands (Gentle Slopes & Lower Valley Floor) zone district located approximately 3 miles northwest of Parachute in CR 215 described as the following: Installation of a 60'X 42' Temporary Employee Office to be located in the parking area of the American Soda property which includes three modular units together having 10 office spaces, 2 accessible bathrooms, conference room, small kitchen and storage rooms, These units are certified by the State ofColorado Division of Housing and are rated as R2 for non -- residential use with a certification #00525. Applicant proposes that this use of this office is temporary only for a period not to exceed hvo years. As such, water and waste water are proposed to be if a vault and haul scenario. WHEREAS, the Board held a public hearing on the 7th day of April, 2008, upon the question of whether the above described SUP should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions concerning the approval of said special use permit; and 1 Mql �T'"�1 '1N 1 i!1�4I1�i5 ;fly �1�11� III�� pl 111 Receptionl: 746654 09/1672009 04:12:11 PM Joan Albsrico 2 of 4 Roc Fee:50.00 Poo Fee :0.00 GARFIELD COUNTY CO WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact as listed below: 1. Proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. The meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. The above stated and other reasons, the proposed special use pemvt has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. The application has met the requirements of Special Use (Sections 5:03,5:03:07, 5:03.08 and 9:03) the Garfield County Zoning Resolution of 1978, as amended. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that Special Use Permit is hereby approved subject to compliance with all-of the following specific conditions: 1. That all representations of the Applicant, either within the application or stated at the bearing before the Board of County Commissioners, shall be considered conditions of approval unless explicitly altered by the Board. 2. That the operation of the facility be done is accordance with all applicable federal, state, and local regulations governing the operation of this type of facility. 3. The Applicant shall comply with all standards as set forth in §5..03.011 "Industrial Performance Standards" of the Garfield County Zoning Resolution of 1978 as amended and included here as follows: a) Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. b) Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point ofany boundary line of the property on which the use is located. c) Emissions of smoke and particulate matter. every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards. 2 Recep tlonn! 748654 64(1612008 04 12 11 Pt1 Joan ASberlco 3 o! 4 Roc Feely .00 Dec Foe 0.00 C= RF1EL0 COUNTY CO d) 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. e) Storage of flammable or explosive solids or gases shall not be permitted at this facility. f) No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces. g) Repair and/or maintenance activities shall not be conducted at the permitted facility. h) Heavy equipment storage shall not be conducted at the permitted facility. i) Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right -of -way. j) Any exterior lighting shall be controlled by a motion sensor, pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. 4. All Special Use Permits for Temporary Employee Offices are subject to all applicable building code, state and federal permit requirements, fire protection district requirements and fire code requirements, 5. Water and wastewater systems proposed to service the Temporary Employee Office must comply with all applicable state and local laws and regulations. 6. Applicants must keep appropriate records, to be provided to the County upon request to demonstrate that water supplied to a site is from an approved source and that wastewater is disposed at an approved facility. The operator must conduct monthly tests (or quarterly i f an on- site disinfection system is installed) and maintain records of stored potable water samples specific for soli form. Any tests indicating coli form contamination must be disclosed to the Garfield County Board of Health or designee. 7. In no case shall unsafe water be used for drinking nor shall raw sewage or contaminated water be discharged on the ground surface. 8. The maximum allowable time length of the Special Use Permit for Temporary Employee Office is one (2) years. Should the use exceed the two year period, the over shall e required to install more permanent water / wastewater services such as well and ISDS. 41111 ti`iFille17l.1ll ,I41Y1I M t&ItItin, ®I III Recept i onil : 746654 Oa/16/2068 04:12:11 P11 .lean Alberio° 4 of 4 Rec Fee $6.00 Doe Fee -0.00 CARFIELD COUNTY CO 9. The maximum number of occupants permitted under this Special Use Permit for Temporary Employee Office is 19. 10. The facility shall have a minimum total capacity of 4,500 gallons of potable water storage. 11. The facility shall have a minimum total capacity of 4,500 gallons of sewage and wastewater storage capacity. EL Dated this / , day of (.0 , A.D. 200 8 . ATTEST: Clef' of the Board GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLO Upon motion duly made and seconded the for following vote: COMMISSIONER CHAIR JOHN F. MARTIN • t • �t `R .� ' ''"Y L. MCCOWN COMMISSIONER TRJSI HOUPT STATE OF COLORADO ) )ss County of Garfield ) , Aye , Aye Aye I, , County Clerk and ex- officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners 4 1111 intiliiiiihnNtift Writ liNgt 101111114 `1111 R.ceptiont4 79Et0e 06l 1 12 10 ie r l42? P11 J.an l ber loa 1 of a �ea Fse�lO. bx Fee :fl.O4 GRRFIELO COUNTY Co STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, hold in the Corn missioners` Meeting Room, Garfield County Courthouse; in Glenwood Springs on Monday, the 2nd day of August A.D. 2010, there were present: John Martin , Commissioner Chairman Mike Samson . Commissioner Tresi Houpt . Commissioner Deborah Guinn . Assistant County Attorney Jean Alberico . Clerk to the Board Ed Green (gbsentl . County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. JO/ b — G 1 A RESOLUTION CONCERNED WITH THE REVISION OF CONDITION 8 OF RESOLUTION 2008 -49 FOR AMERICAN SODA LLC, LOCATED OFF OF COUNTY ROAD 215, AND APFROXIMATLEY THREE MILES NORTH OF PARACHUTE, AND WITHIN A PROPERTY OWNED BY AMERICAN SODA LLC, GARFIELD COUNTY PARCEL NO# 2409 - 022 -00 -148 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received an application for an amendment to a Special Use Permit, revising Condition 8 of Resolution 2008- 49. B. The temporary employee office is located off of County Road 215, in the north parking lot of American Soda LLC, approximately two miles north of Parachute, CO, and within property owned by American Soda LLC. C. The approximately 861 -acre site is described in the application documents and located within the parcel fully described with the Garfield County Clerk and Recorder; Reception Number No. 545332. ®Yirr,I'ItiWANIU l41011,11 iIlII Receptlon#t. 790100 09117!2010 12:14;21 Ply Jun Albertan 2 of 4 Roc Feei50.08 Ooe Fee,fa as CRRF1EI.o COUNTY CO D. The subject property is contained within the Resource Land/Gentle Slope zoning district and an amendment to a Special Use Change Permit to revise Condition 8 of Resolution 2008 -49 requires approval of a Special Usc Permit Amendment Process by Garfield County, E. The Board is authorized to approve, deny or approve with conditions an amendment to a Special Use Permit pursuant to Section 1 301 and 4 -105 of the Garfield County Unified Land Use Resolution of 2008, as amended. F. The Board of Count Commissioners opened the public hearing on the 21st day of June., 2010 and continued to 2 day of August, 2010 at the request of the Applicant. The Board of County Commissioners opened the public hearing on the 2nd day of August, 2010 upon the question of whether the Special Use Permit Amendment application, SUAA 6206, for the amendment of Condition 8 of Resolution 2008 -49, should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the application. G. The Board of County Commissioners closed the public hearing on the 2nd day of August, 2010 to make a final decision. H. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners, 2, That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the Special Use Permit Amendment to revise Condition 8 of Resolution 2008 -49 is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application, if all conditions are met, will be in conformance with the applicable Sections of the Garfield County Unified Land Use Resolution of 2008, as amended. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. B. The Special Use Permit Amendment, SUAA 6206, to revise Condition 8 of Resolution 2 ■IR WA 4I1 t11R171i #t1V1tM N 1181 Receptionft 796100 Det17,2e10 i2n14:27 PIS Jean Alberlco 3 of 4 Rao Fee:SO Bit Doc Fee:O,eO GARFIELD COUNTY CA 2008 -49 is hereby appmvcd and shall read as follows: 1. The temporary employee office may continue to use the vault and haul system for potable water and wastewater for one year commencing at the date of this Resolution (August 2, 2010) and shall proVide Garfield County's Building and Planning Department with quarterly updates of the potable water and wastewater vault and haul systems. If necessary, at the end of the stated one year period, the Applicant shall come before the BOCC to request another extension, Dated this /(a_ day of fre+f'' , A.D. 20 /a A t 1bST: ARFIELD COUNTY BOARD OF OMMISSTONERS, GARFIELD OUNTY,C' .' DO Clerk of the Board ' Chai Upon motion duly made and seconded the fore_oing Res• + on was a +.pted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER M((E SAMSON COMMISSIONER TR ES11-IO UPT ,AYE , AYE AYE STATE OF COLORADO ) )ss County of Garfield ) 1, , County Clerk and ex- officio Clerk of the Board of 3 N1111141114M111111011111111PICKLION11111 Reception*: 788180 00!17 /29110 12:14:27 PM Jean Alberto° 4 al 4 Rao Fee:$O 00 Doe Fee;0.00 GARFIELLD COUNTY CO County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.U. 20 . County Clerk and ex-officio Clerk of the Board of County Commissioners 4 Attachment C Deed, Authorizations and Statement of Authority PURCHASE AND SALE CONTRACT by and among AMERICAN SODA, L.L.P. as the Buyer and UNION OIL COMPANY OF CALIFORNIA as the Seller and • THE WILLIAMS COiV1PAr1ES, LNC. as the Guarantor as of May 11, 1999 I. PRECLOSING MATTERS 1. Settlement Agreement - recorded May 12, 1 999 in the office of the Clerk and Recorder of Garfield County, Colorado in Book 1129 at Page 28 as Reception No. 545329. 2. Special Limited Power of Attorney - recorded May 12, 1999 in the office of the Clerk and Recorder of Garfield County, Colorado in Book 1129 at Page 34 as Reception No. 545330. II. CLOSING MATTERS 3. Special Warranty Deed - dated as of May 1 i, 1999 - recorded May 12, 1999 in the office of the Clerk and Recorder of Garfield County. Colorado in Book 1129 at Page 50 as Reception No. 545331. 4. Quitclaim Deed - dated as of 11, 199') - recorded Lla3 12. 1999 In the office of the Clerk and Recorder of Garfield Counr . Colorado, n B.70..1.129 Wt Page: 110 as Reception No. 545332. 5. Utility Easements Agreement - dated as of May 11, 1999 - recorded May 12, 1999 in the office of the Clerk and Recorder of Garfield County, Colorado in Book 1129 at Page 117 as Reception No. 545333. 6. Easement Agreement (Intake Parcel) - dated as of May 11, 1999 - recorded May 12, 1999 in the office of the Clerk and Recorder of Garfield County, Colorado in Book 1129 at Page 152 as Reception No. 545334. 7. Subordination Rights Assignment Agreement dated as of May 11, 1999 - recorded May 12, 1999 in the office of the Clerk and Recorder of Garfield County, Colorado in Book 1129 at Page 170 as Reception No. 545334. 8. Assignment and Assumption Agreement (Permits) - dated as of May 11, 1999 - recorded May 12, 1999 in the office of the Clerk and Recorder of Garfield County, Colorado in Book 1129 at Page 176 as Reception No. 545335. 9. Assignment and Assumption Agreement (Puckett Lease) - dated as of May 11, 1999 - recorded May 12, 1999 in the office of the Clerk and Recorder of Garfield County, Colorado in Book 1129 at Page 183 as Reception No. 545336. 10. Quit Claim Deed (Parachute Creek Water Rights) - recorded May 12, 1999 in the office of the Clerk and Recorder of Garfield County, Colorado in Book 1129 at Page 188 as Reception No. 545337. 11. Quit Claim Deed (Parachute Creek Reservoir Conditional Water Rights) - dated as of May 11, 1999 - recorded May 12, 1999 in the office of the Clerk and Recorder of Garfield County, Colorado in Book 1129 at Page 195 as Reception No. 545338. 12. Quit Claim Deed (Meadow Wells Water Rights) - dated as of May-11, 1999. - recorded May 12, 1999 in the office of the Clerk and Recorder of Garfield County, Colorado in Book 1129 at Page 198 as Reception No. 545339. l3. Quit Claim Deed (Roaring Fork Drainage Historical Consumptive Use Credit) - dated as of May 11, 1999 - recorded May 12, 1999 in the office of the Clerk and Recorder of Garfield County, Colorado in Book 1129 at Page 202 as Reception No. 545340. 14. Quit Claim Deed (Pumping Pipeline Conditional Water Rights) - dated as of Ma,.° 11, 1999 - recorded May 12, 1999 in the office of the Clerk and Recorder of Garfield County, Colorado in Rook 1129 at Page 206 as Reception No. 545341. 15_ Quit Claim Deed (Vieweg Ditch) - dated as of May 11, 1999 - recorded May 12, 1999 in the office of the Clerk and Recorder of Garfield County. Colorado in Book 1129 at Page 209 as Reception No 545342. 16. ` Water Structures License Agreement - dated as of May 11, 1999 - recorded May 12, 1999 in the office of the Clerk and Recorder of Garfield County, Colorado in Book 1129 at Page 212 as Reception No. 545343. 17. Water Rights and Water Facilities Operations and Maintenance Agreement - dated as of May 11, 1999 - recorded May 12, 1999 in the office of the Clerk and Recorder of Garfield County, Colorado in Book 1129 at Page 216 as Reception No. 545344. 18. Declaration of Covenants, Conditions, Restrictions, Waivers and Releases - dated as of May 11, 1999 - recorded May 12, 1999 in the office of the Clerk and Recorder of Garfield. County, Colorado in Book 1129 at Page 249 as Reception No. 545345. 19. Memorandum of Right of First Refusal - dated as of May 11, 1999 - recorded May 12, 1999 in the office of the Clerk and Recorder of Garfield County, Colorado in Book 1129 at Page 258 as Reception No. 545346. 20. - Bill of Sale - dated as of 'May 11, 1999 - recorded May 13, 1999 in the office of the Clerk and Recorder of Garfield County, Colorado in Book 1129 at Page 675 as Reception No. 545477 21. Power of Attorney - The Williams Companies, Inc. 22. Guaranty dated May 11, 1999 from The Williams Companies, Inc. 23. Post Closing Matters letter agreement dated May 11, 1999. 24. Post Closing Matters letter agreement dated May 11, 1999 with Exxon. 25. Corporate Certificate of Union 26. Settlement Statement 27. FIRPTA Aff davit executed by Union 28. DR 1083 executed by Union 29. 1099 executed by Union 30. Opinion Letter of Balcomb & Green, P.C. III. POST CLOSING MATTERS 31, Rail Spur Agreement - dated as of May 11, 1999 - recorded July 6, 1999 in the office of the Clerk and Recorder of Garfield County, Colorado in Book 1138 at Page 824 as Reception No. 548388. 111111111111111111 1111111111111111111111111111111111111 548332 05/12/1999 12:09P 01129 P110 11 AL50ORF 1 of 7 R 38,00 0 0.00 GARFIELD COUNTY CO RECORDING REQUESTED BY AND WHEN RECORDED, MAIL TO: Jacobs Chase Frick Kleinkopf & Kelley LLC 1050 Seventeenth Street, Suite 1500 Denver, Colorado 80265 Attn: Michael A. Smith t)EET3 UNION OIL COMPANY OF CALIFORNIA, a California corporation ( "Grantor "), with an address of 376 South Valencia Avcnuc,13rca, California 92823, for the considernlion of't'en Dollars (S10.00), in hand paid, hereby sells and quitclaims to AMERICAN SODA, L.L.P., a Colorado limited liability partnership, its successors and assigns ( "Grantee "), with.an,address of 710 Cooper Street, Glenwood Springs, Colorado 81602, all of Grantor's right, title and interest, if any, in and to certain real property located in Garfield County, Colorado as more particularly described on 5cheguleI attached hereto and Incorporated herein by this reference (the "Real Estate"), taking exception for and reserving to Grantor those matters excepted and rights reserved by Grantor under the Special Warranty Deed given by Grantor to Grantco dated as of the date hereof and recorded in gook Off at Page 50 in the Rent Estate Reecrd5 of Gant eld County, Colorado Executed this 10th day of May. 1999 to be effective as of Mny 11, 1999. ny4R-#'1 rtl -F Cr&j r 4 . Wi r:zhicki Assistant Sc!cretary UNION OIL COMPANY OF CALIFORNIA, a California corporation By: Name: 1..N. Weiss Title: General Manager, Asset Management Group A -2 -(I) 1 IIIHI 11111111111 HIM 1111 111111111111111111111111111 54S132 05/12/1999 12:0912 81129 P111 h AL50ORF 2 of 7 R 36.05 0 0.00 GARFIELO COUNTY CO Accepted this 11 th day of May, 1999. AMERICAN SODA, L.L.P., a Colorado limited liability partnership, by American Alkali, Inc., a Colorado corporation, as a partner By: Name: Irvin Nielsen Title: President ' ■TATE Of COLORADO ) ss COUNTY OF OARFIL'•LD ) 1 The foregoing instrument was acknowledged before me this I 1 th day of May, 1999, by Irvin ■Nrelien, as President of Ainr ican Alkali, Inc., a Colorado corporation, as a partner of American Soda, L.L.P., a Colorado limited liability partnership, on behalf of said limited liability partnersltip��Y AV 1 '4 ess my 11arii official seal. r f Keti`f 3 ! (Nuts ; I ' eat) I1,1N3 ' • Tiotfry 1 4■rFt7rr :N9 My • n expires. 1eVilte€A(. ". '` ' Ci! STATE OF CALIFORNIA COUNTY OF ORANGE I ss 1 11111 1 1111 11101 I 1111 Iill 111111 11111 III 1111 1 1111 1111 545332 03!1211999 1210 ©P 81129 P112 N AL!DORF 3 of 7 R 36.00 D C. GARFIELD COUNTY CO ON (u1AY 10, 1999 pEFORE ME, JANICE A. AUDIS.i, NOTARY PUBLIC, PERSONALLY APPEARED L.N. Wtiss (AKA ( 1AS N, Weiss) AND 3REg0RY F PE-RSr)NAI I Y 1(14r1W111 ()ME. To.at? THE PERSONS WHPSE NAuFS ArtE SUUSCRtBED TD THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT THY EXECUTED THE GAME rN mein AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMFNT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICU THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS my hand and official i cal. ;MICE A .46015S 4 Akit4';.1 'i Y �t 1.6141.1. r [:;tat r Tai,. � !Ai rkrr>::tryr� Ju>s ?; ; (h) t r OPTIONAL Though the altar malion below 1s not required by law. it may prove valuable to persons relying on the document and conk! prevent frauduieni removal and reattachment at this rotor to another document. DESCRIPTION OF ATTACHED DOCUMENT: TITLE OR TYPE OF DOCUMENT: Quitclaim Deed NUMBER OF PAGES: DATE OF DOCUMENT May 19,_1j CAPACITY OF SIGNERS General Manaq Asse lanaaement Group, and Assistant Seclelary SIGNERS REPRESENT; fnion O17 Comp ?ny of California SIGNER(S) OTHER THAN NAMED ABOVE 111111 111111111111111111111111111 11111 111 111111111 1111 545332 05/12/1999 12109P 61129 P113 M RLSOORF 4 of 7 R 36.00 D 0.00 GRRFICLO COUNTY CO Schedule 1 (Attached to and forming a part of the Quit Claim Deed dated as of May 11, 1999 between Union Oil Company of Cali rani' a and American Soda, L.L.P.) Boundary Legal Description A -2 - (4) C 0 MMZ: TN E11 T Plat 10 No. SCREPUI.S A (continued) Order No. 500307b -C3 5. The Land referred to in the Commitment is covering the laud in the State of Colorado. County of Garfield , deeeribcd au follawa: PARCEL At A tract of land situated in Sections 34 and 35, Township 6 South anti Sections 1, 2 and 3, Township 7 South. all in Range 96 West of the Sixth Principal Meridian, Garfield County. Colorado, being more particularly described as follows: Beginning ac the SE corner of Said Section 3; thence N1205q'10• E arcing the East line of said Seccion.3 a distance. of 2671.84 feet to the E1 /4 corner of said Section 3. thence N88 133.13° W along the ease -west centerline of said Section 3 a distance of 2894.96 feet to the center of said Section 3; thence H07 °14'16" E along the north -south centerline of said Section 3 a distance of 2655.78 feet to the el/4 corner of said Section 3; thence N68 °18'46" W along the north line of said Section 3 a dictanco of 1249.93 feet to the SE corner of the W1 /2W1/2 of said Section 34; thence N01 °28'57" E along the east line of the 141/2W1/7 of said Section 34 a distance of 2779.21 feet to a point en the southerly right-of- way of County Road 4215: thence 442.42 feet along said southerly right -of -way an are of a curve to the left having a radius of 1550.00 feet, an included angle, el 16.21.14` and a chord which bears S48 °51'23° E a distance of 440.92 feet; thence 557.02'00• E along said right -of -way a distance of 72.08 feet: thence 290.07 feet along said right -of -way an arc of a curve to the left having a radius of 1390.58 feet, an included angle of 11•57'06" and a chord which bears S63 °00'33° E e distance of 290.22 feet to a point on the vest line of UNOCAL parcel 7681, thence Nol °46'59" E along said west line a distance of 339.02 feet to the northwest corner of said parcel, also being a point on the east -went centerline of said Section 34; thence see•41'260 E along said east -west centerline of Section 34 a distance of 664,00 feet Lo the center of Section 34; thence S68 °43'59° E continuing along said east -west centerline of Section 34 a distance oI 2631.21 feet to the E1 /4, corner.ot said Section 34; thence S01 039'46" W along the cast line of said Section 34 4 distance. of 1339.40 feet to the S1/16 corner common to said Sections 34 and 35; thence Sa.Q °26'10• E. along the north line cf the SW1/4S4i1/4 of said Section 35 a distance of 1322.74 feet co the NE corner of the SWi. /4SW1 /4 of said Section 35; thence SO1.12'20' W along the test line of the SW1 /45W1 /4 of said Section 35 a distance of 1335.01 feet to the SE corner of the SW1/45W1/4 of Section 35; thence S88 °36'26" E along the south line of said Section 35 a distance of 1333.53 feet to the S1 /4 corner of said Section 35; (Continued) FIRST AMERICAN TITLE INSURANCE COMPANY 11111111 1111111111111111111111111111111 11111111 1111 1111 545332 05/12/1999 12:09P 81129 P114 (1 PLSDORF 5 of 7 R 36 00 0 0.00 GARFIELD COUNTY CO LEC�l11. DESCRIPTION (eentitauad) Order No. 600307 -C3 thence S87'16'54' E continuing along said south line z distance of 1277.76 feet to the NW corner of the NE1 /4N£1 /4 of said Section 2: thence 507 636'11' W along the westline of said NE1 /4NB1/4 a distance of 1214.93 feet to the SW corner of said NE1 /4NL1 /4: thence S89 °40'30" E along the south line of said NE1 /4NE1 /4 a distance of 1294.06 feet to the SE corner of said NE114N51 /4: thence s07 007'32" W along the east line of said Section 2 a distance of 1142.72 feet to the E1/4 corner of said Section 2: thence 506'29'46' W continuing along said east line a dictanee of 1336.00 feet to the 51/16 corner common to Sections 1 and 2: thence 589•45'51^ W along the northerly line of the SEl /4SE1/4 of said Section 2 a distance of 245.55 feet to a point on the westerly right -of -way of County Raod e215: thence 178.61 fens along said. eight -of -way, an arc of a spirel curve. to the left the chord of which bears S14 °31'37' E a distance of 178.82 feet: thence continuing along said right -of -way 361.81 feet along an arc of a circular curve to the 1e.fJ~ ha>`•ing. a. radius of 1135.92 feet, an included angle of 17 °23'03 ", and a chord which bears S28 °05'09" T n distance of 360.42 feet to e paint an the northerly line of the U.S. Lab, Inc. property as recorded in Book 998 at Page G99 o£ the Garfield County Records; thence 583.22'41" 14 along said northerly line a distance of 751 50 feet to the Northwest corner of said U.S, Lab. property; thence along the westerly line of siad U.S. Cab. Inc. property che following nine courses: S33•36'23" £ a distance of 490.65 feet; thence 516 °42'41" W a distance of 49.62 feet; thence S26 °35'09' W a distance of 85.01 feet; thence 640 036'50 E a distance of 58.17 feet; thence S19 656'04' E a distance of 19.86 feet: thence S40 °54'54° 6 u distance of 42.77 feet; thence S78 °12'42" E a distance of 49.63 feet: thence'N 0 °37'42' N a distance of 35.42 feet; thence S23 °34.02" B a distance of 192.11 feet to a point on the out line of said Section 2; thence 7fi6 *20'19' w along said south Line a dist*XCe of 1116.66 feet Co the 81/16 corner between Sections 1 and 2; thence N88 °20'26° w along said south line a distance of 1336 03 feet to the S1/4 corner of said Section 2; thence 585 °30458' N continuing along said south line a distancc at 2656.13 feet to the 5W corner of said Section 2, the point of beginning, EXCEPT the right -of -way for Counr.y Road 8215 as recorded in Book 657 “:ontinuea; 1111111111111111111111[ 1111111111111111111111111 545332 05/12/1999 12r0SP 81129 P115 niiLSDORF FIRST AMERICAN TITLE INSURANCE COMPANY 6 of 7 R 36.00 D 0.00 GRRFIELD COUNTY CO r SOLVAY AMERICA May 11, 2010 Board of County Commissioners Garfield County 108 8th Street Glenwood Springs, CO 81601 Ladies and Gentlemen: 1 um an attorney with Solvay America, Inc. and am responsible for legal matters relating to American Soda, LLP. In response to your request, I am writing to inform you that Solvay America, Inc. acquired all of the partnership interests of American Soda, LLP from Williams on September 10, 2003 through a wholly owned subsidiary. Subsequent to the acquisition, American Soda, LLP became a wholly -owned subsidiary of Solvay Chemicals, Inc., and many of the assets used in American Soda, LLP's business were distributed to Solvay Chemicals, Inc. Please accept this latter as confirmation that employees of Solvay Chemicals, Inc. are authorized to send cnnrspondence to the County in connection with permitting issues. if you have any questions, please feel free to contact me at your convenience. Very truly yours, Carlos R. Escobar Associate General Counsel Solvay Am.no, Inc 33.33 RichrnondAvenua hiouslan Inas 7 h1911,109411 11:025.4000 Fax 1111578.mai Solvay Ctnmpanies Websae http How* SdvaiAnwnc,7 cmn (C) SOLV.AY SOLVAY CHEMICALS May9.2011 Encana Oil & Gas (USA) Inc. 2717 CR 215 Parachute, CO 81635 Re: Encana Oil & Gas (USA) Inc. (EnCana) Natural Gas Fueling Station American Soda, L.L.P (Solvay) Surface Owner Garfield County. Colorado To Whom it May Concern: American Soda, L.L.P., owner of the surface of a portion of Section 34, Township 6 South, Range 96 West and portions of Sections 2 and 3 of Township 7 South, Range 96 West, agrees to allow Encana to install, operate and maintain a natural gas fueling station on its surface under the following terns and conditions: 1. The natural as fueling station will be installed, operated and maintained by Encana for the sole use of Encana's fleet of natural gas chides. EnCana will operate the natural gas fueling station in accordance with all applicable State and County laws and regulations. American Soda grants EnCana permission to act on its behalf in seeking approval from the Garfield County Building and Planning Department for said natural gas fueling station. Please advise if you require additional information in this regard. Sincerely, Todd Wilson Solvay / American Soda Plant Manager - Parachute (970) 285 -0400 Europa NM Mr ' liNKCICILIfit RI's •1111 ReccCpptlonta: 801715 0412212011 W 26-30 Pre Join Atberloo 1 of 1 Roc Few S:1 00 Doc Fel 0 00 GAgFIQO COUNTY CO STATEMENT Oi AUTHORITY Pursuant to C.R.B. §38 -3Q -172, the undersigned executes this Statement of Authority on behalf of Encana t & Gas (USA) Inc. a corporatiarl, (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited pacL.nertshlp. limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity "), and states as follows: The name of the Entity and is formed under the laws The mailing address for is Sloane Oil S Gas (USA) Inc. of of the State of Delaware the Entity is 37017th Sheet, Suite 1700 tenvtrt GO E502.02 The name and /nr pnRit -1nn nt the .person execute instruments conveying, encumbering, affecting title to real property on behalf of Renate Busch. Jason Edanan, Mike Herndon, and Brett Crebb authorized to or otherwise the Entity i.e The Iimitation° upon the authority of the person mined above or holding the position described above to bind the Entity are as toi lows : ei_gn permit app icaUons and pemtits issued by Garfield County (if no 11.ItaLions, insert ^Ntone9 Other matters concerning the manner in which the Entity deals with any inLerest in real property are: iii no /�othcr matter, leave this section blank) smear= Chia /4 slay of NwN 1u1 51y::xtutr<: 111 Homo t typed or printed: Danin J. Honk() Tit L (if any) , Va e- ProSidor!t sTua3 or Colorado 1 )58. COUNTY Ot! Denver nZ The foregoing instrument was acknowledged before me s.hie day of Ara OI & Gas (USA)InC. -' '20 11 by Datrin J. Henke on bebalt of ,a Witness my hand and official seal. My commies/on expires ILL L � 'f� / ' (Notary public) 03/09 r - KHELIAHAT SUTHfWAtI Notary Pubk SUM of Colorado BUREAU OF LAND MANAGEMENT 217134100969 U S NWHN.OL SHALE RESERVE 217136200961 BUREAU OF LAND MANAGEMENT 217135400960 1 AMERICAN SODA, LLP 240902200148 PANT BUREAU OF UM MANAGEMENT 217132400958 SIDNEY AND RUTH THEFAM ROST 1300006 ORONA. SARAH DEL & HOWARD 240911100153 n Parcel #2409 -022-00 -148 n Adjacent Parcels 6 0.15 0.3 1 inch 1,167 feet Mica 0.8 PROJECT ND CRAM BY DATE: 01.0759 Erin &wed* 8"C12911 ADJACENT PARCEL OWNERSHIP MAP ENCANA NATURAL GAS FILLING STATION ENCANA OIL & GAS (USA) INC. GARFIELD COUNTY, COLORADO O'\OLSSON ASSOCIATES 626 21.112 ROAD GRANO JUNCTION, CO 81505 TEL 970293.7800 FAX 970.283 7458 FIGURE 1 Adjacent Property Owners GARCO Assessor Records as of June 10th, 2011 Parcel Number 2171 - 342 -00 -017 Owner Name PUCKETT LAND COMPANY Owner Address 5460 S QUEBEC STREET, SUITE 250 GREENWOOD VILLAGE, CO 80111 -1917 Parcel Number 2171 - 341 -00 -959 Owner Name BUREAU OF LAND MANAGEMENT Owner Address 50629 HIGHWAY 6 & 24 GLENWOOD SPRINGS, CO 81601 Parcel Number 2171-362-00-961 Owner Name U S NAVAL OIL SHALE RESERVE Owner Address Parcel Number 2171- 354-00 -960 Owner Name BUREAU OF LAND MANAGEMENT Owner Address 50629 HIGHWAY 6 & 24 GLENWOOD SPRINGS, CO 81601 Parcel Number 2171 - 343-00 -022 Owner Name WILLIAMS PRODUCTION RMT COMPANY In Care Of Name SANDY HOTARD, MGR -LAND DEPT Owner Address PO BOX 370 PARACHUTE, CO 81635 Parcel Number 2171 - 363 -00 -007 Owner Name WILLIAMS PRODUCTION RMT COMPANY In Care Of Name SANDY HOTARD, MGR -LAND DEPT Owner Address PO BOX 370 PARACHUTE, CO 81635 Parcel Number 2171 - 324 -00 -958 Owner Name BUREAU OF LAND MANAGEMENT Owner Address 50629 HIGHWAY 6 & 24 GLENWOOD SPRINGS, CO 81601 Parcel Number 2409- 014 -00 -011 Owner Name WILLIAMS PRODUCTION RMT COMPANY In Care Of Name SANDY HOTARD, MGR -LAND DEPT Owner Address PO BOX 370 PARACHUTE, CO 81635 Parcel Number 2409 - 013 -00 -008 Owner Name RED POINT LLC Owner Address 808 COUNTY ROAD 215 PARACHUTE, CO 81635 Parcel Number 2409- 013 -00 -006 Owner Name LINDAUER, SIDNEY AND RUTH FAMILY TRUST Owner Address PO BOX 626 PARACHUTE, CO 81635 -0626 Parcel Number 2409 - 111 -00 -153 Owner Name ORONA, SARAH DEL & HOWARD Owner Address 929 COUNTY ROAD 215 PARACHUTE, CO 81635 Mineral: Union Oil of California P.O. Box 7600 Brea, CA 92822 -7600 Attachment E Vicinity Map r3 alrirs J •1"' 1.411ke xlt',r.ry NrtaR CAN SODA, 240902200148 3 MYe BuI r Parcel 02409.022- 00.148 - County Roads PFOJECINO IMAM BY Parachute, CO Mies 0 0.4 0.8 1.6 1 in = 1.03 miles 011.0758 Born sorelAii 8'Br2011 VICINITY MAP ENCANA NATURAL GAS FI W NG STATION ENCANA OIL & GAS (USA) INC. GARFIELD COUNTY, COLORADO O\OLSSON FIGURE ASSOCIATES 828 21.112 ROAD memo JUNCTION, CO 81505 TEL 870263 7800 FAX 870.2817458 1 Attachment F Preapplication Conference Form GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.oarf ield -cou nty.com PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Molly Orkild- Larson PROJECT: Encana CNG Facility COMPREHENSIVE PLAN: Industrial OWNER: American Soda, LLP REPRESENTATIVE: Mike Manaus, Olsson Associates; Jason Eckman, Encana oil and Gas (USA), Inc. PreApp DATE: May 26, 2011 PARCEL: 2409- 022 -00 -148 ZONING: Resource Land /GS PRACTICAL LOCATION: 2717 CR 215, approximately 3 miles north of the Town of Parachute on County Road 215 in the NW 1/, SE 1/4 of Section 34, Township 6 South, Range 96 West, 6th PM, Garfield County TYPE OF APPLICATION: Special Use Permit Amendment I. GENERAL PROJECT DESCRIPTION Encana Oil and Gas (USA) inc. ( Encana) wishes to install a compressed natural gas (CNG) station adjacent to the temporary office building occupied by Encana employees off of CR 215. The estimated fuel pumped will be 150 gallons per day and powered by electricity. Encana is converting their vehicle fleet to CNG and requires a station close to their vehicles for refueling. Presently, CNG stations are located In either Grand Junction or the City of Rifle. The facility will consist of three (3) cylinders skid mounted. A hose will be suspended above the cylinders for easy fueling. The gas source will be from an existing gas line on the site therefore no additional traffic will be generated to 1111 the proposed gas tanks. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS: • Garfield County Unified Land Use Resolution o Article II, Land Use Change Permit • Section 2 -107 Amendments to Approvals of Land Use Permits granted under Regulations adopted prior to October 13, 2008. o Article IV, Application and Review Procedures • Section 4-107 Amendments to an Approved Land Use Change Permit • Section 4 -501 (H) Application Materials 1. General Submittal Requirements (A — G); 2. Written Statement of the proposed amendment and how they meet the definition of Non - Substantial Change in Article 16; and, 3. Supporting documents (past resolutions applicable to this site, existing and proposed site plans, etc.) o Article XVI, Definitions • Non - Substantial Change ill. PROCESS In summary, the process will be the following: A. Review Process 1. Pre - application Meeting; 2. Submit Application; 3. Determination of Completeness; 4. Director Decision /Staff Review; 5. Director Decision; a. No Substantial Modification. If the Director determines that the proposed amendment to an approved Land Use Change Permit does not constitute a substantial modification, the Director may approve the proposed amendment to the Land Use Change Permit and provide notice of this decision pursuant to Section 4- 107(A)(6) below. Additionally, the Director shall have the discretion to require the determination request be decided by the Board of County Commissioners in a public meeting. b. Substantial Modification. If the Director determines that the proposed amendment constitutes a substantial modification, the change shall require a new application for the proposed use. 6. Written Notice of Decision. B. Reconsideration of Director's Decision by Applicant or Adjacent Property Owner 1. Request by Applicant or Adjacent Property Owner for Reconsideration of Decision. An applicant or Adjacent Property Owner may request reconsideration of the Director's decision by the Board of County Commissioners. a. Schedule Public Hearing; b. Notice by Publication; c. Notice to Adjacent Property Owners; and, d. Decision by Board. 2. Call -up by Board. a. Notice by Publication; b. Notice to Adjacent Property Owners; and, c. Decision by Board. IV. APPLICATION REVIEW a. Review by: Staff for completeness. b. Public Hearing: X Director _ Planning Commission X Board of County Commissioners (if called up) Board of Adjustment 2 V. APPLICATION REVIEW FEES a. Planning Review Fees: $ 300,00 b. Referral Agency Fees: $ (Separate Check, see attached fee schedule) c. Total Deposit: $ 300.00 (additional hours are billed at $ 40.50 (hour) General Application Processipq Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. Disclaimer The foregoing summary is advisory In nature only and is not binding on the County. The summary Is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right and is valid for only six (6) months. Pre - application Summary Prepared bv: aaiLa---&,kr-tityk t 1 Molly Orkild -L rson, AICP, RLA Date Senior Planner 970 -625 -5903 3 V A R A'- b 1411 737171 CVO S4173 z — -+— • if 4 1 • 111 J. ! I nsnnrur m woo 'it -C4 uo P>r 4U0L jwO 44 -..._ ..li..,.1 M- s -ma-a0 wren taws se.0 a+ irtme Fin +a a RA 0. 1 1 1 ti It t 1 i 1 V k$ � L-Z.1d • 1047 0414 CO O? !!M 1141241 a. p 1 i1 1 1 --1 I q 2 +1 I e, 1 - ! I if 1 • r 11 t• m ►t :11 'tt -+n 414L r+# ..0 1+e *ft 0 i' 1