Loading...
HomeMy WebLinkAbout1.0 ApplicationD D 181 );;> GARFIELD COUNTY 1 Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone : 970.945.8212 Facsimile : 970.384.3470 www.garfield-county.com MAJOR IMPACT REVIEW MAJOR IMPACT REVIEW [AMENDMENT] RECEIVED NOV 162009 GARFI ELD COUNTY BUILDING & PLANNING SUP AMENDMENT [Issued under the Zoning Resolution of 1878. as Amended] GENERAL INFORMATION (Please print legibly) Name of Progerty Owner: American soda, L.L.P./Todd Wilson; Plant Ma nager -Parachute );;> Mailing Address: 2717 County Road 215 Telephone:(~ 285-6500 );;> City: Parachute State:_ Zip Code: Cell:(_) );;> E-mail address: FAX: ( 910 ) 285-6303 );;> Name of Owner's Re12resentative, if any, (Attorney, Planner, Consultant, etc): );;> EnCana Oil & Gas (USA) Inc. (EnCana) -Renata Busch, Permit Coord ina tor );;> Mailing Address: 2717 County Road 2 1 5 Telephone: c..:.:~-~-) 285-2825 );;> City: Parachute State: ~Zip Code: 8 1 635 Cell:(~) 3 1 9-8890 );;> E-mail address: renata.busch@encana.com FAX:(~ 285-2763 );;> Requested Use from Table 3-501 or 3-502 : Professional Of fice f o r Conduct of Business or Professi on );;> Street Address I General Location of Property: 2717 Count y Road 215 Approx. 3 miles north of the Town of Parachute off of County Road 2 1 5 );;> Legal Description: NWl/4 SEl/4 of Section 34, Township 6 South, Range 96 West, 6th P.M. I Garfield County, Colorado );;> Assessor's Parcel Number: 2 4 0 9 -0 2 2 -0 0 -1 4 8 ------------ );;> Existing Use: Fully functional modular unit located in a fenced parking lot );;> Property Size (in acres) Zone District: Rural Last Revised 1016109 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 Ill 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. B. A narrative explaining the purpose of the application and supporting materials that address the standards and criteria found in Articles Ill and VII of the Unified Land Use Resolution of 2008. 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. 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). E. Vicinity map: An 8 % 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. F. A copy of the Pre-Application Conference form completed during the original Pre-Application Conference. 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. I. Major Impact Review Process The following section outlines and describes the Major Impact Review process for the variety of uses that are governed by the Board of County Commissioners by the Unified Land Use Resolution of 2008 (ULUR). Please refer to Articles Ill and VII in the regulations themselves fc higher level of detail. [The followin rocess is required for applications for land u;;e changes that are subject to Major Impact Review as defined in Table 3-501 or 3-502 in Article Ill.] A. Outline of Process. The Major Impact Review process shall consist of the following procedures: 1. Pre-Application Conference (4-103 (A)) 2. Application (4-103 (B)) 3. Determination of Completeness (4-103 (C)) 4. Evaluation by the Director/Staff Review (4-103 (E)) 5. Public Hearing and Recommendation by the Planning Commission (4- 103 (G)) 6. Public Hearing and Decision by the Board of County Commissioners (4-103 (G)) B. Submittal Materials: The following materials shall be submitted with a Limited Impact Review application and are more fully defined in Section 4-502 of Article IV of the ULUR. The Director may waive or alter any of these requirements if they are determined to be inappropriate or unnecessary to determining if the application satisfies applicable standards. 1. Application Form and Fees 2. Site Plan (4-502(C)(3)) 3. Erosion and Sediment Control plan (4-502(C)(4)) 4. Landscape Plan (4-502(C)(5)) 5. Land Suitability Analysis (4-502(D)) 6. Impact Analysis (4-502(E)) 7. Improvements Agreement, if appropriate (4-502(1)) II. Major Impact Review Amendment Process Any proposal to change conditions of approval or a site plan approved under these Regulations as a Major Impact Review permit shall require application to the Director for Amendment of a Major Impact Permit Approval. The Director shall review the application to determine whether the proposed change constitutes a substantial change to the Major Impact Permit approval pursuant to Section 4-107 of Article IV. A. Outline of Process. The review process for a proposed Amendment of an Approved Major Impact Review shall consist of the following procedures. 1. Pre-Application Conference (4-103 (A)) 2. Application (4-103 (B)) 3. Determination of Completeness (4-103 (C)) 4. Evaluation by the Director/Staff Review (4-103 (E)) 5. Decision by Director (4-104(B)(5)) 6. Public Hearing and Decision by the Board of County Commissioners (4-103 (G)) B. Submittal Materials: The following materials shall be submitted with a Major Impact Review Amendment application and are more fully defined in Section 4-502 of Article IV of the ULUR. The Director may waive or alter any of these requirements if they are determined to be inappropriate or unnecessary to determining if the application satisfies applicable standards. 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. ft. 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 whiph ~t and accurate to the best of my knowledge. ~ //~/l. -o Date GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and EnCana Oil & Gas (USA) Inc. (EnCana) ____ Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for Temporary Employee Office sup Amendment (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) Date Renata Busch Print Name Mailing Address: 2717 County Road 215, Suite 100 Parachute, CO 81635 Page4 Moll}!, Orkild-Larson :om: Sent: Busch, Renata [Renata .Busch@enca na.com ] Thursday, April 29, 2010 1 :47 PM To: Molly Orkild -Larson Subject: Molly*American Soda Attachments: Septic Permit 4465 (Temp Trailer).pdf Solvay is pretty much like a subsidiary. Per our Landman: Land is listed as: American Soda LLP Second name is: Solvay LLP Address P.O. Box 672346 Houston, TX 77267-2346 (They are in the same building) Attached is the Septic Permit. -1\en ata I)usch Penni! Coordinator EnCana Oil & Gas (USA) Inc. 2717 County Road 215, Suite 100 I Parachute , CO 81635 tel: (970) 285-2825 cell: (970) 319-8890 renata.busch@en cana.com Reminder: EnCana offices are closed 1st & 3rd Friday's of every month From: Molly Orkild-Larson [mailto:morkild-larson@garfield-county.com] Sent: Thursday, April 29, 2010 11:56 AM To: Bu sch, Renata Subject: American Soda Renata: What is the relationship betwee n Ame rican Soda and Solvay? The application form ha s American Soda but the letter h ea d for the Janu ary 4, 2010 shows Solvay. Also, I'd like to get a copy of the ISDS permit for the site so that I can enter that into record as Encana ad hering to condition 8. Thanks, Molly This email communication and any fil es trans mitted with it may contain confidential and or proprietary information and is provided for the use of the intend ed recipient only. Any review, retransmis sio n or dissemination of this informa ti on by anyone o th er than the intended re ci pient is prohibited . If you receive this emai l in e rror, please contact the sender a nd d elete this communication and any co pies immed iately. Thank you. http://www.encan a.com 2 GARFIELD COUNTY · Building & Planning Department 108 81h Street, Suite 401 Glenwood Springs , Colorado 81601 Telephone : 970.945.8212 Facsimile : 970 .384.3470 www.garfield-county.com (hand delivered w!SUP Amendment & check fee ($400 on 11116109) PRE-APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2409-022-00-148 DATE: November 11, 2009 APPLICANTS PLANNER: Fred Jarman PROJECT: EnCana Oil & Gas (USA) Inc. (EnCana) Temporary Employee Office Amendment to SUP (Re: Timeframe Extension) OWNER: American Soda, L.L.P. REPRESENTATIVE: EnCana/ Renata Busch/ Permit Coordinator PRACTICAL LOCATION: Approx. 3 miles north of the Town of Parachute off C.R. 215 TYPE OF APPLICATION: SUP Amendment I. GENERAL PROJECT DESCRIPTION Request to extend the timeframe of the EnCana Temporary Employee Office until 2020. Due to economic downturn, EnCana will not be constructing a new office complex and will need to continue occupying the temporary modular in its current state. 11. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS (DEVELOPMENT CODE /COMPREHENSIVE PLAN, STATE STATUTES, ETC.) The continuance of the modular unit in its current location does not n~sult in any changes to the status or us e of the Temporary Employee Office. ~ Garfield County Unified Land U se Resolution Sections: Ill. REVIEW PROCESS Public Hearing(s): Referral Agencies: =None =Planning Commissiun =Board of County Commissioners ~Board of Adjustment (Division of Water Resources, Colorado Department of Transportation, etc.) IV. APPLICATION REVIEW FEES Planning Review Fees: $ Referral Agency Fees: $ Total Deposit: $ (additional hours are billed at hourly rate of$ General Application Processing ) 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 e;.JegaJ.or v.ested rlght .. Pre-application Summary Prepared by; Date ~ I 7'\:l ('\ -II\ r-i t-,. • • . f ~Ci&itM., ~ "'°"' ~ ~ .c.. , " C> ..Q LOU ., . I ,.n"'J 0 , ... QJ $ , , ,. , ,. , , ,. 11-J " . , "ii"' cl -*~ ~ .; , "' , ,,. , , , , 0 , ....,... .-I I .i -· -... __ ,__ ..c_ " ~ .. ,_"'.,.,. ,. "" I ··-, ~ . . d --°"°"'" -OIC.,. .; " 8 ,, .; ..; I .l K " , -·-.. thblOIC. 1""111 ""'"" _,,.,.~ , " l! • f I lloCI>" ~ _.,,_ ' ·-t .J ....,iO,C.,,. Q • IUI i , r • !J, g UI If ,.e ,. l'h ~:1 -°'~ $ ··-, . l ' 'i ··" ,. if -="'® " -,11WfC.,. ®; "" ' tit& i f I -• 4 . 'l:f{:" * .J,., li ~ .. 8 F..:. ""' . :i;!!ll w,1r.1W'1'.Hil 1 'U~;J,i1\!1& ,1.~';H\M~:~fl;\~~1:~1 ~:it"~','), fill I 111 · R~ceJ'.)l:ioriti: 760312 \2f18/200B 03: 14:00 Pi1 Jean Aib~ricc I or 2 Rec Fee:$11.D0 Doc Fcio·0.00 GARFIELO COUNTY C() STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, tt1e undersigned cxccutcG thi.s Statement of Authority on behalf of EnCana Oil & Gas (USA) Inc., a corporation (cc)rporation, limited lidbility compar;~,~ general partne:c.shipr registered limited liability partnershj_p, registered limited lio.bi1ity lin1iled partn-ership, lirnited tJdL Lnetshiµ association, gove:cnrnent 2..;;ency, L.ru~:>t o.t othe.r.·), an entity other than an inc!:i.vj_dual, capable of holding t.i::le to real property (the ''Entity''), a11d stdtes as follows: Tl1e name of ttle EnLity is EnCana Oil & _0..9..~-{USA) 1nc. t:incl ; s !:·orrned uncler t.he law~; .9._.;l.-~he State of DsJ.0_~~~.!:-~.- The rnailing address for the Ent i IY is 370 l 7th s_~ee_~_{ __ Suite i·;ioo; Denv!~!"_r co 80202. T!1t"~ rhilr.e a11cl/or posj_tiun oi Lft.:·: p·:::t·:svr;(sf· a1_;;._1 .. r;.:-i:c:.:::,:;· t:J execuce instrume11ts conveyirig, encumbering, or othe r~-1.i.se affecting 1:.i..tl.(_~ to real property on behaJt of the J~nl.i.Ly Br.Rnda Linst_er, __ K_ent Lin<:lberg, RE"!naLa Busch, Brett Cra_bb, sc; __ ~-~~!1..i ch-Ii~--p;_;:-L-~-~1~~-~-~d Kh8ffi Sut~J::!.~Y.!!.-------··--· 1s I a re .Jason 'rhe limitations upon the authority of the person named ~1bove or holding the pos:&.tion described aoove co bind the 1::nticy ar:(.::; as fol.lo~·:s: sign Carfie_ld County permits includinq, but. n-:.)t }~;~:t~~~,;~; _~,~pEe~;;~ i. i·. ,~~~ e . M,:j::~;{ t~ ,'. d~,~~;n: ~~-~~~;'. of~~~~:-~'~~-~~ fa~-~-i .. ~.i.ty ·-~l~_e_c~.l_i.st~. for rfe1nporarv. ~'.;:~_Q_lov·e-e i!O":T~_h.Q:.::-J.:j' g_~·a_si_i_-c1_5t-'" P.~-::~f!1_i cs; bu~ .. ~-.'.~1 i ng ____ ..f?~.::=.-m~_t s; Is DS .. .I?~-~~~~i ts; u c i. ~~.~-~_y_ __ ~.~~~_r.a 11 u t ~.90. permits; drive»1ay pcrn1i_t."s; major l_1npac~ __ f'errr1its; L.i.rni ted Irnpacl:. ·r;·e-~~n.its; ·a1~1d Administrative i?c-:rrnit.s.-· ... ··-------------~----·--· --------------------(if ;-;;-··1·;~~\r .. ;o;rinn.·-;, in:o:Frr "1\)1·· , .. •?" I other Etatters concernin<J th~.: ma.nne1: in ·.~·hi.ch t:he [1:LiL'/ deals witt1 arty interesL lr1 real properry are: -------·----------------·-·-- :: ~ t (,G 0r.h<~1.-m.-~i:te.r 1 l.::.s'!E: ~his section ::_:..La·;~:) Jiii WJ~;'i'W11,~ l'~'l:~,g Nll i1W'o,'il~"1,:i1e1,1~ ~r..11\\\','i, c'll l!I Rec~ptionU: 76~312 l2!18i280803:14:00 r11 J'1ar1 fllb.,.rico ~of 2 Re::; F'<e::SI I .OG Doc F•J,J'0 00 Gi'iH'F!!::LD C<JUHIY V) Page 2 of Statement of AuLl1ority EXECUTED t.his Signatnre: llame(typed or printed: ';_'_it.le {: f ,'lny) ··:·f:·~ '',::>r:~_goi.ng inst r1_in;2n~ '.-:a.s ::i.ck·10•.·cl•::,-1.,,::,d 2ci:;c.: 1,J' ! , ! ' ' .. ~ . ~ : ;-:~ l f,\. __ ,. ! 1 1 ,'_I... 1 / r· ! .- Wi~ness my hand ~nd offici~l seal }I i / ')°' -.' ! '. 'Jr: i:Jct: -; l I ;; f ' i f <;{. ,_ f -~;~s ·Jr Temporary Employee Office I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. EnCana Oil & Gas (USA) Inc. (EnCana), acting on behalf of American Soda LLP, requests a Special Use Permit for a temporary employee office (TEO) associated with drilling operations in Garfield County. The TEO will be located in the north end of the American Soda LLP parking lot. EnCana currently leases a large portion of the property including the office facility from American Soda LLP. EnCana has entered a surface use agreement with American Soda LLP for the portion of the parking lot on which the TEO will be located (see Sulface Use Agreement Tab). The TEO will be used 10-12 hours a day. The TEO unit is a pre-fabricated, three modular units measuring 13'4" X 60' for a total of 42' X 60' that will have 10 office spaces, 2 handicapped accessible restrooms, a conference room, small kitchenette, and a storage room. The Unit will be handicap accessible throughout facility. The TEO units are certified by the State of Colorado Division of Housing and are rated as R2 for nonresidential use. The State Division of Housing Certification is #00525. Utilities associated with TEO are of a temporary nature due to the length of time in which this facility will be needed, not to exceed two years. Wastewater tanks, potable water tanks, and bear-proof trash receptacles will be provided at the TEO facility. The facility will be powered from existing power from the American Soda LLP Warehouse located directly to the west, approximately 75 feet. Refer to the narrative and supporting documentation for additional information on the TEO. 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. Special Use Permit Application January 2008 I Temporary Employee Office Volume of potable water used and wastewater produced is based on calculations from CDPHE data. EnCana estimates that potable water consumed is approximately 15 gallons per person per day and the wastewater produced is also approximately 15 gallons per person per day. Based on the 13 person average occupancy rate, daily water use and wastewater produced is approximately 195 gallons per day per TEO facility. There is no water well located at this location, nor are any water supply wells planned in the future. Potable water is provided at the TEO facility and includes bottled water and potable water stored in potable water tanks. The TEO facility will have a minimum of one potable water storage tank which is filled as needed. EnCana uses CDPHE-certified potable water hauler, Artesian Water Services-Mark Hudson 970-858-3479, to haul potable water to the TEO facility. Potable water sources include a groundwater well in Mesa County and municipal sources from Ute Water. The TEO facility will have a minimum of one wastewater storage tank. Black and grey water will be contained in this tank. EnCana will use Mountain West Oil Field Services-Cal Harlow 970-858-8859, to empty the wastewater tanks. Tanks will be emptied as needed. Sewage is disposed of at the City of Rifle disposal facility. Refer to the application narrative for additional information on wastewater and potable water. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. lf you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. A site plan for the location of the TEO north of Parachute is included in the Map Tab. The survey package includes a location map, detailed driving directions from the Town of Parachute, and a detailed site plan with distances between structures, water tanks, and trash receptacles. This site does not require a driveway access permit. EnCana will utilize existing driveway to the office. 4. Submit a vicinity map showing slope I topography of your property, for which a U.S. G.S. 1 :24,000 scale quadrangle map will suffice. A map of the surrounding location is included in the Maps Tab. 5. Submit a copy of the appropriate portion of a Gm:field County Assessor's Map showing all tlle subject property and public and private landowners adjacent to your property (which should be delineated). Jn addition, submit a list of all property owners, public and private landowners and their addresses adjacent to or within 200 ft. of tlle site. Tllis information can be obtained from tlle Assessor's Office. We will also need the names (if applicable) of all mineral rig/it owners of tlle subject property. (Tllat information can be found in your title policy under Exceptions to Title). 2 Special Use Permit Application January 2008 Temporary Employee Office The Ownership Tab includes the names and addresses of adjacent landowners and the applicable Garfield County Assessor's Maps delineating the subject property and adjacent landowner. American Soda LLP surface rights description is also included in the Ownership Tab. 6. Submit a copy of the deed and a legal description of the subject property. The Deed and Legal Description of the property are included in the Deed and Legal Description Tab. 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. Surface damage agreements between American Soda LLP and EnCana specifically authorize the installation of this temporary office and are provided in the Surface Use Agreement Tab. 8. Submit a statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. Utilities will be provided at the TEO location. Utilities will consist of a 4,500 gallon potable water storage tank and a 4,500 gallon wastewater storage tank. Utilities (i.e. storage tanks) will be temporary in nature and will be moved from this site upon non-use of facility. Volume of potable water used and wastewater produced is based on calculations from CDPHE data. EnCana estimates that potable water consumed is approximately 15 gallons per person per day and the wastewater produced is also approximately 15 gallons per person per day. Based on the 13 person average occupancy rate, daily water use and wastewater produced is approximately 195 gallons per day for this TEO facility. There is no water well located on this pad site, nor are any water supply wells planned in the future. Potable water is provided at the TEO facility and includes bottled water and potable water stored in potable water tanks. The TEO facility will have a minimum of one potable water storage tank which is filled as needed. EnCana uses a CDPHE-certified potable water hauler, Artesian Water Services, to haul potable water to the TEH facility. Potable water sources include a groundwater well in Mesa County and municipal sources from Ute Water. A copy of the affidavit with EnCana's potable water contractor is included in the Hauler Affidavit Tab. Special Use Permit Application January 2008 3 Temporary Employee Office The TEO facility will have a minimum of one wastewater storage tank. Black and grey water will be contained in this tank. EnCana will use Mountain West Oil Field Services to empty the wastewater tanks. Tanks are emptied as needed, with a minimum removal every two days. Sewage is disposed of at the City of Rifle disposal facility. Refer to the application narrative for additional information on potable water and was tewater. (2) Street improvements adequate to accommodate traffic volume generated by tile propose</ use and to provide safe, convenient access to the use shall either he in place or shall be constructed in conjunction with the proposed use; Access to the TEO will be provided by County Road 215 , an existing paved access road will be leading to the TEO that provides safe, convenient, year-round access to the office facility . This drive way access is in use at the present time by American Soda LLP and EnCana employees. (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on tile periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; The proposed facility is a one story office complex. The impact should be minimal for the surrounding neighborhood. Because of the location of the facility, landscape or fencing is not neces sa ry as it is an existing fence d parking lot. 9. Depending on tile type of Special Use Permit requested, you may need to respond to additional review standards in tile Garfield County Zoning Resolution Section 5. 00 [Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 & 5.03.08/, Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site at llttp:l/www.garfieldco1mty.com/b11ildi11g mul pla11ni11g/imlex.lltm, or information can be obtained from this office. 5.03.07 Industrial Operations: Industrial Operations, including extraction, processing, fabrication, imlustrial support facilities, mineral waste disposal, storage, sanitary landfill, salvage yard, access routes and utility lines, shall be permitted, provided: (1) The applicant for a permit for industrial operations shall prepare and submit to the Planning Director ten (10) copies of an impact statement on the proposed use describing its location, scope, design and construction schedule, including an explanation of its operational characteristics. One (1) copy of the impact statement shall be filed with the County Commissioners by the Planning Director. Tile impact statement shall address the following: 4 Special Use Permit Application Jan11G1y 2008 ) Tempormy Employe e Office (AJ Existing law/ ul use of water tllrougll depletion or pollution of surface run-off, stream.flow or groundwater; The TEO facility will be located at 2717 County Road 215 Parachute, CO. 81635; owned by American Soda LLP. Potable water will be provided from groundwater wells or municipal sources stored on site in tanks. Wastewater will be collected and disposed of at an approved disposal facility. There are no anticipated impacts to groundwater or surface water. The location of the TEO is in an existing paved parking lot and will not need a stromwater or reclamation plan in place. The site map has survey locations of the existing drains in the paved parking lot area. The parking lot will not have any new net increase in impervious surface. Existing paved parking lot will adequately drain area without disrupting the current measures in place; including depletion, pollution, or surface run -off. (BJ Impacts on adjacent land from tile generation of vapor, dust, smoke, noise, glare or vibration, or otller emanations; There are no residences within one mile of the property and the geographical relief is substantial in nature. Adjacent property owners will not be affected by any form of emission emanating from this site. (CJ Impacts on wildlife and domestic animals tllrougll tile creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions; The location is an existing parking lot and will not have any affects on existing vegetation or wildlife . (DJA!firmatively sllow tile impacts of truck and automobile traffic to and from such uses and their impacts to areas in tile County; Traffic already exists to the existing parking lot; therefore traffic will not increase due to the TEO facility. (EJ That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of tile proposed use(sJ; Special Use Permit Application January 2008 5 Temporary Employee Office The proposed site is isolated from any abutting uses. There are no residences within one mile of the property and the geographical relief is substantial, causing the effects to be negligible. (F) Mitigation measures proposed for all of the foregoing impacts identified and for the standards identified in Section 5.03.08 of this Resolution. No mitigation measures are needed. (2) Permits may be granted for those uses with provisions that provide adequate mitigation/or the following: (A) A plan for site rehabilitation must be approved by the County Commissioners before a permit for conditional or special use will be issued; The proposed area is an existing parking lot and will not need to be rehabilitated. The proposed site will return to original intended use. (B) The County Commissioners may require security before a permit for special or conditional use is issued, if required. The applicant shall furnish evidence of a bank commitment of credit, bond, certified check or other security deemed acceptable by the County Commissioners in the amount calculated by the County Commissioners to secure the execution of the site rehabilitation plan in workmanlike manner and in accordance with the specifications and construction schedule established or approved by the County Commissioners. Such commitments, bonds or check shall be payable to and held by the County Commissioners; Due to the nature of this application, the temporary office will be removed upon completion of use approximately two years. Each unit is a modular unit and the parking lot will be returned to its original intended use. (C) Impacts set forth in the impact statement and compliance with the standards contained in Section 5.03.08 of this Resolution. (A. 93- 061) 5.03.08 Industrial Per(ormance Standards: All industrial operations in the County shall comply with applicable County, State, and Federal regulations regulating water, air and noise pollution and shall not be conducted in a manner constituting a public nuisance or hazard. Operations shall be conducted in such a manner as to minimize heat, dust, smoke, vibration, glare and odor and all other undesirable 6 Special Use Permit Application January 2008 Temporary Employee Office environmental effects beyond the boundaries of the property in which such uses are located, in accord with the following standards; (1) Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. (A. 93- 061) Noise impacts associated with installation of the TEO facility will be minimal as the parking lot already is in use. (2) Vibration generated: every use shall he so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located; None anticipated. (3) Emissions of smoke and particulate matter: every use shall he operated so as to comply with all Federal, State and County air quality laws, regulations and standards; None anticipated. (4) Emission of heat, glare, radiation and fumes: every use shall he 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 he required by law as safety or air pollution control measures shall he exempted from this provision; None anticipated. (5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas (A97-112) Installation of the TEO facility will not include storage areas, salvage yards, sanitary landfills, or mineral waste areas. A) Storage of flammable or explosive solids or gases shall he in accordance with accepted standards and laws and shall comply with the national, state and local fire codes and written recommendations and/or comments from the appropriate local protection district regarding compliance with the appropriate codes; (A97-112) Special Use Permit Application January 2008 7 Temporary Employee Office 8 Storage of flammable or explosive solids or gases will be in accordance with accepted standards and laws and will comply with the national, state and local fire codes and written recommendations/comments from the appropriate local protection district regarding compliance with the appropriate codes. (B) At the discretion of the County Commissioners, all outdoor storage facilities may be required to be enclosed by fence, landscaping or wall adequate to conceal sucl1facilities from adjacent property; (A97-112) There is no storage facility associated with the TEO facility. (C) No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces; (A97-112) No materials or wastes will be deposited in a form or manner that will allow off-site transport. The TEO facility will have a minimum of three thirty- gallon, bear-proof refuse receptacle. EnCana will use Western Colorado Waste to empty the refuse receptacles. Receptacles will be emptied as needed, with a minimum removal once per week. Refuse is disposed of at the Garfield County landfills. A copy of the affidavit with EnCana's refuse contractor is included in the Hauler Affidavit Tab. (D) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the following standards: (:497-112) 1. The minimum lot size is five (5) acres and is not a platted subdivision. 2. The equipment storage area is not placed any closer than 300 ft. from any existing residential dwelling. 3. All equipment storage will be enclosed in an area with screening at least eight (8) feet in height and obscured from view at the same elevation or lower. Screening may include berming, landscaping, sight obscuring fencing or a combination of any of these methods. 4. Any repair and maintenance activity requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of 8 a.m. to 6 p.m., Mon.-Fri. 5. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. The TEO facility will not require storage of heavy equipment. Special Use Permit Application January 2008 Temporary Employee Office (E) Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. (A97-112) The TEO facility will not require storage areas for uses not associated with natural resources. (F) Any ligllting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property (A97-112) The TEO facility will not require storage areas. (6) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facilities may begin. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin. The TEO facility will not create water pollution hazards. 10. A $400.00 Base Fee: Applicant shall sign the ''Agreement for Payment" form and provide the fee with the application. 11. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. Special Use Permit Application January 2008 9 Temporary Employee Office II. PROCEDURAL REQUIREMENTS (The following steps outline how the Special Use Permit Application review process works in Garfield County.) 1. Submit this completed application form, base fee, and all supplemental information to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. In addition, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Special Use. (If Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use and the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed special use and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described under paragraph (I) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200J of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public rigllt-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. In addition, the Applicant shall provide proof, at the hearing, that proper notice was provided. JO Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following Special Use Permit Application January 2008 Temporary Employee Office the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. (Signature of applicant/owner) Last Revised: 12/2007 Special Use Permit Application January 2008 11 -Vicinity Map Encana Temporary Office l.·Cop~ht 2008 ESRl.All rights reserved. Printed on Thu Apr 8 2010 04:00:01 PM. ~arcel #: 24Q9-022-90-148 NWl/4 SEli4 of Section 34 , Township 6 South, Range 96W in Garfield County, CO Approx. 3 miles north of town of Parachute off of County Road 215 -\ .i ~ '"'fi'Y§"•w gc ,. JF •••w 0 SW CORNER &=, SEC. .:S. f7 RHW SOU TH 1/4 CORNER SECTION 34 ' SECTI ON 34 1 ~12 C.LO. 1912 C.L.0 . BRASS CAP BRASS CAP ~ t SECTION CORNER LOCATED \ Owner: American Sodo LLP ti.~;:~ 906 Main S&aet EVllllS!on, wyom1ng 82930 Phone No. C30n 71J9..1545 Map Showing 1: i ii! EnCana Oil & Gas (USA) Inc. Office Building Site Plan located in the NW1/4 SE1/4 of Section 34 T6S, R96W, 6th P.M. GARFIELD COUNTY, COLORADO Site Plan Scale: 1 • = 50' SHEET N..:-07--04-124 s:;;:;.,l'Od: 12118107 1 Dale 12121107 Drawn: Oats: 4115110 OF1 iii ~ ~ w ..J <3 ~ Adjacent Property Owners: Bureau of Land Management 2300 River Frontage Road Silt, CO 81652 EnCana Oil & Gas (USA) Inc. 2717 County Road 215, Suite 100 Parachute, CO 81635 Puckett Land Company 5460 Quebec St., Suite 250 Greenwood Village, CO 80111-1917 Williams Production RMT Company 1515 Arapahoe Street, Tower 3, Suite 1000 Denver, CO 80202 r:ncana Oil 8, tit•s (US.i!.) 1nc. December 26, 2007 Fred Jarman EnCana Oil & Gas (USA) Inc. 2717 CR 215, Suite 100 Parachute, CO 81635 Director-Garfield County Building and Planning Department 108 8\h Street, Suite 401 Glenwood Springs, CO 81601 Re: Hauler Affidavit for Temporary Office Facility Dear Fred: tel: 970-285-2738 fax: 970-285-2691 Please accept this letter as certification that Artesian Water Service provides potable water haul1hg services for EnCana Oil and Gas (USA). I certify that Artesian Water Services provfdes potable waler hauling services to EnCana for their temporary office facilities located at 27t7 Caunty".Road. 215.,. Parachute, CO 81635. The water source is a groundwater well in Mesa County and Colorado Registration number is C0#139156. ,... ...... ;\ '··. ~-~ l t t I (Name) Please contact me if you need additional information. Brett Crabb Permit and Compliance Coordinator EnCana Oil & Gas (USA) Inc. 970-285-2738 (Titre) ~.· v .. MESA c~~~TY / Health l...foepartinent Customer Solvay Chemicals 2717 County Road 215 Parachute, CO 81635 Mesa County Health Department Regional Laboratory 510 29.5 Rd, Grand Junction, CO 81504 US Mail: PO Box 20,000, Grand Junction, CO 81502-5033 (970) 248-6999 fox (970) 683-6608 http:/}hea1th .niemcounty.ll5/lob .-------------·------------··· --·---, Sample Invoice # 922-10 PWS ID C00-223117-000 System Small Water Sy~tem (NCN1j 2717CR21s Parachute CO 8163S Location #7 ---·- Test Nome Result Date Time Collected By Collected 03/09/2010 1:55 PM CA Received 03/10/2010 10:22 AM Matrix Drlnhlng Water Pureose Compliance Comments PO# 4500536199 Chlodnra 0.02 Total coliforms PA ABSENT Coliform/ABSENT E. coli or less than one (<I), Indicates o mkroblologlcolly safe sample 03/11/2010 8 :49:46 AM -------------------.-..-----------------------------~--Invoice for Water Sampling Services Dctcich and mail this portion w ith poyment \Dote Received J Payment Tyiie:J · Due Date . J Amount:Jfold { Bolance.J Jlnl,lol~~ #·I ' · ~922-10 I 03/10/2010 I Bill _[ 04/10/2010 ! $0.~~ I $20 ,00 11r paying for multiple samples, writ e Invoi ce ll's below : [ Customer:ll (leo) Solvoy Chem~~~ --· I \ GJ ChecR (~oyable to MCH~) --· -, [[omocto o MCHD Regional Lab PO Box 20,000 Crond Junction, CO 81502-5033 l J lil Credit Card: Visa Mastercard Name on Card: Billing Address: Credit Card #: Expiration Date: Security Code: t "' - :1 1 .i ·~ I ENCANA .. ) EnCana Oil & Gas (USA) Inc. EnCana 011 & Gas (USA~ Inc. tel: (970) 285-282~ 2717 County Road 215, Suite 100 fax: (970) 285-2691 Parachute, CO 81835 renata .bu sc h@encana .com March 4, 2010 Requestor: EnCana Oil & Gas (USA) Inc. 2717 County Road 215, Suite 100 Parachute, CO 81635 Surface Owner: American Soda, LLP (Solvay Chemicals, Inc.) 2717 County Road 215 Parachute, CO 81635 This agreement is made as of March 4. 201 O. between Requestor, EnCana Oil & Gas (USA) Inc. (EnCana) and Solvay Chemicals, Inc. (Solvay) referred to as Surface Owner and both named above. EnCana and Solvay have entered into an agreement, whereby Solvay has granted pennission, allowing EnCana to tie-in to Solvay's cuffent water system and EnCana will incvr the cost of said project. · Requestor. EnCana Oil & Gas (USA) Inc. Surface Owner: Solvay Chemicals. Inc. By:~~ ~~ By: /N(/%J~ Todd Wilson Title : Operations Field Leader Title: Plant Manager -Parachute J(f)l SOLVAY ~CHEMICALS Jammry 4, 20 I 0 EnC;ma Oil & Gus (USA) Inc. 370 17 111 Street, SuiLc 1700 Denver. C'O 80202 Re: EnCunu Oil & Gus (USA.) Inc. (F.nCmrn) Temporary Onicc Building Amcri,can .Soaa, LJ.,·P -Surface Owner (jarlicld County, Colorado To Whom ll Muy ('o_nccrn : Amcricrn1 Soda ~ L.l..P., owner of th~ surlitce of i1 portion of Section 34, Township 6 South. Runge 96 West and portions of Sections 2 and 3 of Township 7 South, Range 96 West. llgrcc s to ullow EnCunu lo conlilrne opernti11g u lempornry oflice bu i lding on its surface under 'the follo ~ving ~cn11s an~ conditions: I. The temporary office buildi1i g wi II continue to be maintained by EnCana. 2, EnCana will continue to operate the temporary employee onicc building in uccordanc~ wilh ull npplic<1blc St<llc lllld County laws ;1mJ rl:!gt1latiu11s. Amcric~m Soda grnnl~ En~·~ma pe1111ission to act on its behalf in requcsti11g an AincnJmcnt to u Special Use Pcm1it for extending the timcframc for · said temporary ~fficc building from the Board of County Commissioucrs, Garfield County, Colorado . Please advise if you requ ire add itional information i11 this regard . Sincerely, -· T~~8 .vi]_- Todd Wilso1i Plant Manager -Parachute &/~~I c;t)fJHc ••t, Jt ~' 1111 County AIW:l 2 15 l'd<~ctMo Cclo,t .lOO ii 1 ii.l ~ !>71H~.i!.OO >u . !lf~·WHl'l.l w~w 1 c.,.,,~ytht11'k..•h "' l r.;~ •Hpi'l>IM4 ~•II i•·· .11,'I,\. ~ *please note ame ndment to the 3rd paragraph on page 2 ENCANA .. EnCana Oil & Gas (U SA) Inc. April 8, 2010 EnCana Oil & Gas (USA) Inc. 2717 County Road 215, Suite 100 Parachute, CO 81635 te l: (970) 285-2825 fax : (970) 285-2691 renata .busch@encana.com Molly Orkild-Larson I Senior Planner Garfield County Planning Dept -Rifle Airport Office 0375 County Road 352 -Building #2060 Rifle, CO 81650 RE : Special Use Permit (SUP) Amendment I Temporary Employee Office Proposal to Change Condition of Approval (Resolution No . 2008-49, #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 owner shall be required to install move permanent water I wastewater services such as well and ISDS." Dear Ms . Orkild-Larson: Per our phone conversation of April 7. 2010 (yourself. Fred Jarman. Renata Busch). I was advised that a tie-in to American Soda, LLC/Solvay Chemical, Inc . (Solvay} cistern could not be considered a more permanent water service, such as a well, and therefore I needed to provide a letter to the County in order to propose a change to the original condition of approval. To summarize previous history with regards to this matter: * * * * •• Temporary Employee Office Trailer resides on surface owned by Solvay and is currently located on their adjacent parking lot Solvay has granted EnCana permission to continue maintain ing the temporary office, in its current state , at its current location (reference attached) No accessibility to tie into city water Solvay will not allow EnCana to drill a water well on their surface Solvay is satisfied with the current water supply system and would prefer to see it maintained as is ** An ISDS is present and in use . Potable water, for restroom facilities is hauled in every two weeks by a state certified hauler. There are no visual concerns and truck traffic is minimal with regard to delivery of potable water and septic disposal. Water for consumption is provided in the same manner in which it is supplied to the main Solvay building ; bottled water is delivered. EnCana Temporary Employee Office Page2 In addressing any issue of Substantial Change, none of the Substantial Change Characteristics described in your letter dated January 18 , 2010 (reference attached) would be affected by extending the length of time for our Temporary Employee Office to remain on the property owned by Solvay. There would be no need for any substantial mod ifications, as the use of the Temporary Office will remain the same. At the time the original SUP was submitted, EnCana was in the process of determining a location for a suitable sized office. Due to economic downturn it was not viable to continue the endeavor of locating new office space. With industry activity increasing, we a re looking to retain occupancy in the temporary office trailer for another two years to adequately accommodate the current work staff, while resuming our efforts to find a larger, permanent office complex. We would like to amend the above-mentioned condition which lim its the "maximum allowable time length of the Special Use Permit for Temporary Employee Office to one (2) years" and request approval to extend the time f~me an additional two years, as well as continuing the use Of the existing water supply system . *In d i scussion with Molly r egarding the allowable time length, we determined that 5 years from the expectant approval of mo dification of t h e condition, be est ablished. Upon receipt of this letter, I am to receive publication notice information and postings from you and then notice by publication, notice to adjacent property ow ners and a scheduled hearing before the Board of County Commissioners are to ensue . EnCana looks forward to a favorable decision by the Board, in anticipation of consent to the above change to the condition of approval. Thank you for your time and efforts with regard to this matter. 7i~y, ~/%>cl,_, Permit Coordinator Cc: Fred Jarman, Director, Building and Planning Dept. David Grisso, Operations Field Leader Brad Ankrum, Operations Field Leader Doug Rosa, Operations field Leader Encl: Surface Owner Letter dated January 4, 2010 GarCo Letter dated January 18, 2010 Adjacent Property Owners List Garfield County Assessors Map Vicinity Map ~w~-""--5,.,-..... __ ,v / ~ .... EnCana Oii & Gas (USA) Inc. February 24, 2010 Molly Orkild-Larson I Senior Pfanner EnCana Oil & Gas {USA) Inc. 2717 County Road 215, Suite 100 Parachute, CO 81635 Garfield County Planning Dept-Rifle Airport Office 0375 County Road 352 -Building #2060 Rifle, CO 81650 tel: (970) 285-2825 fax: (970) 285-2691 f.~JI£!~_,_busch@~_i:icc!f1a .. £9!!l RE: Special /Jse Permit (SUP) Amendment I Temporary Employee Office Request for Closure to Amendment Dear Ms. Orkild-Larson: EnCana Oil & Gas (USA) Inc. (EnCana) is currently in negotiations with the surface owner, American Soda, LLP (Solvay) w11h regard to addressing a more pennanenl water system. Solvay is willing to accommodate EnCana in establishing a more permanent system by allowing us to tie into their existing water system. Solvay is also granting EnCana permission to continue maintaining the temporary office, in its current state, at its current location. Please reference attached Surface Owner letter. Please note that a new office compfex is still an option and one, which EnCana representatives are actively assembling infonnation at this time. In addressing the issue of Substantial Change, none of the Substantfal Change Characteristics described in your January 18, 2010 letter (reference attached lefter) would be effected by extending the length of time for our Temporary Employee Office to remain on the property owned by American Soda, LLP. There would be no need for any substantial modifications, as the use of the Temporary Office will remain the same. Lastly, in view of the fact that EnCana is genuinely pursuing a more permanent water system, we would .like you to consider that we have demonstrated adherence to condition 8 of Resolution 2008•49. Thus this amendment process should be considered closed. Fred Jarman had stated in our January 15, 2010 phone conversation, that if we were to come up with a more permanent water solution, . then nothing more would need to be done, as we would be abiding by the original Special Use Permit condition of approval. EnCana looks forward to closure on this subject. Thank you for your time and efforts with regard to this matter. Encl: Surface Owner Letter dated February 22, 2010 GarCo Letter dated January 18, 2010 --({) SOLVAY . [·-·----- _!!oLyJ CHEMIQ,l\LS ·~ February 22, 201 U EnCana Oil & Gas (USA) Inc. 370 I 7'1> Street, Suite 1700 Denver, CO 80202 Re: EnCana Oil & Gas (USA) Inc. (EnCana) Temporary Office Building American Soda, L.L.P (Solvay) -Surface Owner Garfield County, Colorado To Whom It M<iy Concern: American Soda, L.L.P., owner of' the surface of a portion of Section 34, Township 6 South, Range 96 West and porlions of Sections 2 and 3 of Township 7 South, Range 96 West, agrees to allow EnCm1a to continue operating a temporary office building on its s(trfacc under the following terms and conditions: l. The temporary office building will continue to be maintained by EnCana. 2. EnCana will continue to operate the temporary employee otTice building in accordance with all applicable State and County Jaws tmd regulations. \Ve are currently in ne.aotiations with EnCana wiih reoard to a tie-in lo our existino water ~ ' 0 -b system. EnCana rcpresentati ves are awaiting specific contractor prncedures and a cost estimate. At this point in time, Solvay does not foresee any problems with a future tie-in in order to accommodate EnCana in establishing a more permanent water solution. American Soda grants EnCana permission to act on its behalf in seeking approval from the Garfield County Building and Planning Department for said temporary office building to remain occupied at its current location. Please advise ifyourequire additional information in this regard. Sincerely, , ·l_ I ' .. , "' /Ge~ '0 0.-.~ - Todd Wilson Solvay Plant Manager Parachute (970) 285-0400 r;,,''Y :_Cc; ·'.; <s~ .,,_ ... ,_. '(,:·1<'',•i'.f ~~ H-., January 18, 2010 Renata Busch Encana Oil and Gas (USA), Inc. 2717 County Road. 215 Parachute, CO 81635 Garfield County BUILDING & PLANNING DEPARTMENT RE: Special Use Permit Amendment Application to extend the length of time for a Temporary Employee Office to remain on a property owned by American Soda, LLP for Encana Oil and Gas (USA), Inc. as approved under Resolution 2008-49. Dear Renata, This office is in receipt of th1;3 Special Use Permit Amendment Application to change a condition to extend the allowable time length of the Temporary Ernployee Office originally approved under Resolution 2008-49 on a property owned by American Soda, LLP for Encana Oil and Gas (USA). Inc. We have conducted a review of the application and determined it to be technically incomplete. Please provide the following information so that we may continue to process the application: · 1. Submit a written narrative of proposed amendment(s) which includes how the requested amendment does not rl'Jsull fn a substantial change defined as follows: Substantial Change. A changl'J 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 de.Sign which increases: a. The number of dwelling units. b. The maximum square footage of structures less than 10,000 sq. ft. over 100% and structures over 10,000 sq. fl. by 10% ff 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. (i. The size of the land which ls the t>ubject of the permit or approval. 3. A change in land use which creates or increase the incompatibility of the use. Once you have adequately addressed this issue, the Director shall make a determination as fo whether the proposed change constitutes a substantial modification to the condition of approval contained in the Resolution of Approval and a staff report will then be prepared. If the Director determines that the change does not constitute a substantial change to the approved Major Impact 1 108 Eighth Street, Suite 401 •Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fae (970) 384-3470 Review permit, the Director shall set a public hearing before the Board of County Commissioners for an amendment to a condition of approval In a resolution of approval. Do not hesitate to contact me if you have any questions. Sincerely, \•' ·1"Q r· •' ·, 1 l I ·· ' , . .·, ~' ! • ' ' ' F< 1 ·' ' I ) :1 \· \.'\...·1-'.1=.\ ____ t.1 ·---~~'-"·(.lJ\ _ _,<_.L _l, _';...\'/,_·:. i It[ Molly Orkild-~arson, AJCP, RLA Senior Planner 970.625.5903. 2 m111 ~I\ N~riJ,',MJLllWf,1JM1 ,~ -~\l(,rtJ~,ri'~.111,~~·u m1111 Recept ionU: 746654 · 04/16f2008 04: 12; 11 PM Jean Alberico l of 4 Rec Fee:$0.00 Doc Fee: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 Courthouse, in Glenwood Springs on, Monday, the 7lh day of April A.D. 2008, there were present: ~Jo=hn=M=arti=· n~-----------' Commissioner Chairman L=any=~M=c~C~o~wn=----------~· Commissioner ~T=re=s~i H=ou~p"'t~-----------·· , Commissioner· ,,,,D~on"'-"D=eF~o,,,r"'d~----------•• County Attorney =Je=an=Al=b=en=·c=o~-----------•>· Clerk of the Board E=d~Gr=ee=n~-----------~ 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 FORA . TEMPORARY OFFICE LOCATED IN THE NW'!. 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 Sar/a property which includes three modular units together having 10 office spaces, 2 accessible bathrooms, conference room, small kitchen and storage rooms. These units are certifier/ by the State of Colorado Division of Housing and are rated as R2 for 11011-residential use w.ith a.certification #00525. Applica11t proposes that this use of this office is temporary only for a period not to exceed two years. As such, water and waste water are proposed to be if a vault a11d 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 1111mf1~1iiJi',MJLr'1Jf,~'1J1,W!?,~~~0/1 l,lll 1:i m 1 ~ Kill II I ReceplionH: 746654 04/16/2008 <'l4:f2:11 PM Jean Alberico 2 of 4 Rec Fee:$0.00 Doc 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 permit 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 hearing before the Board of County Commissioners, shall be considered conditions ofapproval·unless explicitly altered by the Board. 2. That the operation of the facility be done in 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 forthin §5 .. 03 .. 0.8."lndustriaLPerfarrnance 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 of any boundary line of the property on which the use is located. c) Emissions of smoke and particulate .matl!"x: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards. 2 !!Ill ~ J'l~P'!J,',MJLl11llLM/, -IMJli,Mil!Hl.lP/i,™•il !11111 Reception#: 746654 04/16/2008 04:12:11 PM Jean Rlberico 3 of 4 Rec Fee:$0.00 Doc Fae;0.00 GRRFIELO 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 diiect 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 disrnct 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 p~oyided 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 if an on- site disinfection system is installed) and maintain records of stored potable water samples specific for coli 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 owner shall b~ required to install more permanent water I wastewater services such as well and ISDS. 3 111111 Wi. m~~i.ft,',MllrWJ, ,MJi Hl'f.WlMi:I rill\ ~N.~1 11 ~11111 Receptiontt: 746654 04/16/200804:12:11 PM Jean Alberico 4 of 4 Rec Fee:$0.0© Doc Fee:0.~0 GARFIELD 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. ,ult ~ Dated this _u__:-day of , A.D. 20.aa__. ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLO RAW Upon motion duly made and seconded the for, following vote: COMMISSIONER CHAIR JOHN F. MARTIN , Aye COMMISSIONER LARRY L. MCCOWN , Aye COMMISSIONER TRESI HOUPT , Aye STATE OF COLORADO ) )ss County of Garfield ) 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 !Diii ~Pi~Pi}r',MH,WJ!,Ml/, I '''.rHlf.M~.rlJ~.lli·~~·d l;i;llll Reception#: 746654 · 04/16/2008 04:12:11 PM Jean n • .,erico I of 4 Rec Fee:$0.00 Doc Fea:D.00 GRRFIELD COUNTY CO STATEOFCOLORADO ) )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 Courthouse, in Glenwood Springs on, Monday, the 7'h day of April A.D. 2008, there were present: ~Jo=hn~M=art=in~-----------•' Commissioner Chairman =L=any==M=c~C~o~wn=-----------'' Commissioner ~T~re=s~i H=o=up~t~-----------' Commissioner =D=o=n~D=e~F=or=d~---------~ County Attorney ~Je=an=A=l=b=en=·c=o~-----------' Clerk of the Board =E=d~Gr=ee=n~-----------~ 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 FORA TEMPORARY OFFICE LOCATED IN THE NW Y. OF THE SEY. 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 Jndustrial 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 2 I 5 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 of Colorado Division of Housing and are rated l!S R2 for non-residential use with a certification #00525. Applicant proposes that this use oft/tis office is temporary only for a period not to exceed two 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 7lh 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 l ) encana .w natural gas 2717 County Road 215, Suite 100 tel : (970) 285-2825 Parachute, CO 81635 fax : (970) 285-2691 renata.busch@encana .com SUP AMENDMENT TEMPORARY EMPLOYEE OFFICE REVISED Statement Letter I Packet 05/26/10 DNINNVld ~ DNIOlln8 AlNnOJ 0131jtf'v'8 OIOl l Z AV~ ·~ -l l l l l ~ ~ ,l ~ l l ~ l .l .. , ,., ~, -r (f) hj I rt &- ENCANA .y EnCana Oil & Gas (USA) Inc. EnCana Oil & Gas (USA) Inc. 2717 County Road 215, Suite 100 Parachute, CO 81635 tel: (970) 285-2825 May 26, 2010 fax : (970) 285-2691 renata.busch@enca na.com Molly Orkild-Larson I Senior Planner Garfield County Planning Dept -R ifle Airport Office 0375 County Road 352 -Building #2060 Rifle , CO 81650 RE: Special Use Permit (SUP) Amendment I Temporary Employee Office Proposal to Change Condition of Approval (Resolution No . 2008-49, #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 owner shall be required to install move permanent water I wastewater services such as well and /SOS." Dear Ms. Orkild-Larson: Noted above is the original condition of approval. EnCana Oil & Gas (USA) Inc. (EnCana) is requesting to modify Condition 8 of Resolution No. 2008-49 allowing an approved Temporary Employee Office to use temporary potable water and waste water systems for five (5) years. To summarize previous history with regards to this matter: * * * * ** Temporary Employee Office Trailer resides on surface owned by American Soda , L.L.P . (American Soda) and is currently located on American Soda's (Solvay Chemicals (Solvay)) adjacent parking lot (reference attached Deed Information) American Soda has granted EnCana permission to continue maintaining the temporary office, in its current state; at its current location (reference attached Statement of Authority and American Soda Authorization Letter re : Solvay) No accessibility to tie into city water or sewer American Soda will not allow EnCana to drill a water well on the ir surface American Soda is satisfied with the current temporary water supply and septic disposal systems in place ** An ISDS (vault and haul) is present and in use. Potable water, for restroom facilities is hauled in every two weeks by a state certified hauler. There are no visual concerns and truck / l l l l 1 l ~l n ~I 1 l l l ~r EnCana Temporary Employee Office Page 2 traffic is minimal with regard to delivery of potable water and septic disposal. Water for consumption is provided in the same manner in which it is supplied to the main building; bottled water is delivered. In addressing any issue of Substantial Change, none of the Substantial Change Characteristics described in your letter dated January 18, 2010 (reference attached) would be affected by extending the length of time for our Temporary Employee Office to remain on the property owned by American Soda . There would be no need for any substantial modifications, as the use of the Temporary Office will remain the same. At the time the original SUP was submitted, EnCana was in the process of determ ining a location for a suitable s ized office. Due to economic downturn it was not viable to contin ue the endeavor of locating new office space. With industry activity increasing , we are looking to retain occupancy in the temporary office trailer for another five years to adequately accommodate the current work staff, while resuming our efforts to find a larger, permanent office complex. EnCana looks forward to a favorable decision by the Board, in anticipation of consent to the above changes to the condition of approval. Thank you for your time and efforts with regard to this matter. ?·-,.~ ~ch Permit Coordinator Cc: Fred Jarman , Director, Building and Planning Dept. David Grisso, Operations Field Leader Brad Ankrum, Operations Field Leader Doug Rosa, Operations Field Leader Encl : Deed of Ownership Statement of Authority Authorization/Connection Between American Soda & Solvay GarCo Letter Dated January 18, 2010 Adjacent Property and Mineral Owners List Original SUP Amendment Resolution No. 2008-49 (with Condition 8 noted on page 3) Vicinity Map Updated Hauler Affidavits d14sJaUMQ JO paaa :arnso1:iu3 PURCHASEAN1>SALECONTRACT by and among Ai'1ERICA.i'1 SODA, L.LP. as the Buyer and UNION OIL COMPA;'IY OF CALIFORNIA as the Seller and • THE \Y1LLL.\:\IS COiVIPA:'-IIES, INC. as the Guarantor as of?vfay ll, 1999 L PRECLOSING "tvfATTERS 1. Settlement Agreement -recorded May 12, 1999 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, 1999in the offke·o:ftlre· Clerk and Recorder of Garfield County, Colorado in Book 1129 at Page 34 as Reception No. 545330. II. CLOSING "tv1A TIERS 3. Special Warranty Deed -dated as of:Y[ay l i. l99'i -recorded May 12, l 9<f'l·in the office of the Clerk and Recmder of Garfield Count;:. Colorado in Book 1129 at Page 50 as Reception No. 545 331. 4. Quitc!ain: o,~~d ·· d..i.r~ri :;.s of\.[Jy 11! 1i;9i;. -r~curdc<l \L1y l.2~ 1999 in the oiI!c2 ofrhe Clerk ari_d Record-:r or' Garfield (:ou11ry. C1J!or2.it) ~n ~,~:(~~~· 1 '.-29 ~H Pag:; .. ! ti) as R.:cepr.ior1 -:-.._--t -.., ,, 1 .: iO. )-:-).J.J __ JC?:<..K-!0721-1 5. Utility Easements Agreement· dated as of May° I 1, 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 inBooktl29 at Page 170 as Reception No. 5453 34. 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 J 129 at Page 176 as Reception No. 545335. 9. Assignment and Asswnption Agreement (Pucken Lease) -dated as of May 11, 1999 -recorded Mav 12, 1999 in the office of the Clerk and Recorder of Garfield Countv, . ' 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. 54533 8. 12. Quit Claim Deed (Meadow Wells Water Rights) -dated as ofMay·-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. 13. Quit Claim Deed (Roaring Foik Drainage Historical Consumpiive 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 May I l, l 999 -recorded May l 2, 1999 in the office of the Clerk and Recorder of Garfield Coumy, Color3no in Bnok 1129 at Page 206 as Reception No. 5453-ll. 15. Quit Claim Deed ('lieweg Ditch)-datcd as of\[ay 11, !999-recorded May 12, 1999 in the office of rhe Clerk and Recorder of Garfieid County. Colorado in Book 1129 at Page • .....~ ~ _.j -.., ,.., 209 as Recepllon "o. )~)o.~. JCO-X'.<-SO"::~.: 16. Water Structures License Agreement-dated as of May I I, 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 !he office oflhe 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 :Vfay 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 leuer agreement dated May l l, 1999. 24. Post Closing Matters letter agreement dated May 11, 1999 with Exxon. 25. Corporate Certificate of Union 26. Settlement Statement 27. FIRPTA Affidavit executed by Union 28. DR l 083 executed by Union 29. 1099 executed by Union 30. Opinion Letter of Balcomb & Green, P.C. fCFK.1<·!07"!!·1 3 ,r III. POST CLOSING iv!A TIERS 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. 5483 88 . • JCFX.J<-j01:r-1 4 · 111111111111 1111111111111111111111111111111111111111111 545332 05/12/1999 12,09P 81129 P110 M RLSDORF I ol 7 R 36.00 D 0.00 GARFIELD COUNTY CO RECORDING REQUESTED BY AND WHEN RECORDED, MAIL TO: Jacobs Chase Frick Kleinkopf & Kelley LLC I 050 Seventeenth Srreet, Suite 1500 Denver, Colorado 80265 ALtn: Micliael A. Smith Q!JIT CLMM DEED UNION OIL COMPAMY Or· CAL!FORNIA, a California corporation ("Grantor"), with i.lrJ <n.ldrcss ofJ7G South \11i!cncia r\vcnuc, Brea, C~alifon1ia 92823, fOr the cons.idcration of'I'c'n Dollars ($10.00), in hand paid, hereby sells and quitclaims to A.t'v1ER1CAN SODA, L.L.P., a C:olorado lin1ited Jlahi lity partnership, its successors and assigns ('1 C.;.rantee~'),. \Vi th .an. address a.(. 7 l 0 Cooper Street, Glcn'lvood Springs, C~olorado S 1602, all of Grantor's righl, title and interest, if "ny, in and to certain real property located in Garlicld County, Colorado as more particularly de~cribed on Sched.ulc I attached hereto and incorporated herein by this reference (the "Real Estate"), taking exception for and reserv·ing to Grantor those matters excepted and rights reserved by Granter under the Special Warranty Deed given by Grnntor fo Grantee cfotcd·as oithe dflte hereof and recorded i.n Hook/JJ~ nt P'agc?.°~Q_ in the Real Estate Records of"(Jarfield County, Coloreldo, Exc:cutcd this 10th day of May, 1999 to be effective as of May 11, 1999. UNION OJL COMPA1'-1Y OI' CALffORNIA, a Califon1ia corporati.r;:in ByQ0_~l.__U/i_d0· Nmnc: L. N. \Vciss .;,::;:;) s.~~ /- . ./ y y / ,///(._,./ .:7/-.:, / &<S. . . -,_,. ;'.;:>,)"' Grc.oiy _, Wirebicki .'tl,ss1sta.r1t sc ..... ~retary 'f'itle: General h'lanager, 1\Ssct JV1a'hagc1nc11i Gtottp · IC / 1-, f:. ~~ )..j_l./ A-2-(1) '0 ,_ ·,-;; I llllll 11111111111111111111111111111111111 1111111111111 ~4~332 0~/12/1999 12,09p 81129 Pl11 M RLSOORF 2 of 7 R 36.00 0 0.00 GRRFIELO COUNTY CO Accepted this l l th <lay ofMay, 1999. AMER[l'AN SODA, L.L.P., a Colorttdo li1nitc-d liability partnership, by Amcric:1n Alkali, Inc., a Colorado corporation, as a partner By:~--~ N;:unc: Jrvin Nielsen ' ~ritlc: Prt.;sid<'nt STATE OF COLORADO ) ss. COUNTY OF GARP!ELD ) official seal. (Nola A-2 -(2) STATE OF CALIFORNIA COUNTY OF ORANGE ) } ss. ) 111111! lllll llllll llllll llll llllll lllll Ill lllll /Jll llll 54~332 03/12/1999 12r09P 131129 Pl:t2 11 ALSDORF 3 of 7 R 36, 00 D 0. 00 GARFIELD COUNTY CO ON __ M_!)_Y 10 1999 BE'FORE ME, JANICE A. AUDISS, NOTARY PUBLIC, PERSONALLY APPEARED l.N. WEISS (AKA LUIS N. WF.ISS) AND GREGORY F. lJVIRZBICKI PERSONAi I Y KNOWN. TO.ME TO.SF. THE PER.S.ONS-WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT Al-:D ACKNOWLEDGED TO ME TI/Al THEY EXECUTED THE SAME lN THEIR ALJTHOR!ZED CAPACITIES, ANO THAT BY THEIR. SIGNATURES ON THE lNSTRlH:i!E=NT THF PERSONS, OR IHE ENTITY UPON BEHALF OF ll'i'HIC~t THE PERSONS ACTED, EXECUTED rt-IE INSTRUMENT. WITNESS my hand and official seal. NOT/I.RY'S SIGNATURE r-:· ... ~~ .... -f<-,, ........ _,.. ••• ......_ ............ ~~ ... 0 '° "( ~ d~·~~~~,:'?:.~s'.;;,:;:'~:.),~t~ l r\",J._,_.::'.~·f/J ·111 1•N\.I~ CU:;,'n~· ~ ., ~~~ 1,1;1.1,r.11[! t1;me:;f11J> ?!.i ?.OU1 f ~~~ ....... ;:::,~"{ ............. ~ OPTIONAL--·-----···----- Though the information belo\'11s not required by law. it may prove valuab:e to persons relying on the docun1ent and could p~event fraudulent retnoval and reattachment of lhis four, to another document DESCRIPTION OF ATIACHEO DOCUMENT: TITLE OR TYPE OF DOCUMENT: Quitclaim Deed NUMBER OF PAGES: .. -.. -DATE OF DOCUMENT: ly@y_jJL_1999 CAPACrrv OF S!GNERS: Q_~.n~ral t.JlaQ£.9..E!r,__6;?_~1.J,,~an~..Q~mg.!'Jl Group and As_:?J.§.@.IJ.!. Secreta~ SIGNERS REPRESENT: l!nion Oil,l;_Q.IJlP.?nv of Caiif..ornia SIGNER(S) OTHER THAN NAMED ABOVE: 1111111 Hill Hllll llllll Hll 111111111111111111111111111 545332 05/12/1999 12,09P 81129 Pll3 M RLSDORF 4 of 7 R 36.00 D 0.00 GARrlCLD COUNTY CO Schedule I (Attached to and fanning a part of the Quit Claini_ Deed f.iatcd as of fvl~y 11, 1999 .. between Union Oi I Company of Cali fomia ru1d A111crican Soclu, L.L.P.) Boundary Legal Description A-2 -(4) COMMXTMENT Plat id No. ~CUEDUL~ A (cont~nuad) Ordsr l~o. 500)07b·C3 S. The l.and referred t!> in tha Co1IU?1:l.trtant io cove.ring the. land in the State: of ~olo~ado~ County of Grlrfield , described as followao PARCEL )I, A tract. of land situac.ed iri Sections 31 end JS 1 "Township 6 South and Sections 1, 2 and 3 1 Township 7 South. all in Range 96 West of the Sixth Principal Meridian, Gartl.el.-¢1 Counc.y. Coloru.do, being more. par~icularly described as follows: Beginning at the SE corner of Said Section 3; thcrrce N1·2us4·• lO" E" C!Iong the East line Of said.S.a.c.t.io.n._3 a dis.t:..:ince, of 2671.84 feet to the El/4 corner of said Section 3; thence N88°J3;13" W along t.he ease-we$t:. centerline ot said $.f;ction 3 .a distance of 2894. 96 f-eet to the center of said Section 3; thence N07°14' 18~ B along the north-south centerline of said Sel'.;tion 3 a distance of 2655.76 feet to the Nl/~ corner of soid Section 3; thence N8BQ1a·16 11 W along the nort:h line of said Sec~icn 3 .ci dist:ance of 1299.93 feet to the SB corner of the Wl/2Wl/2 of said Section 34 1 thenc·e N01°28' 57 11 E along the east line of the w1/2w1;2 of. said Section 34 a di$t3nce of 277'). 21 feet: to a point on !:he soui.:herl:y" right~of-way o: County ROad ~215~ thence 442.42 feet along said southerly rightwof-way an arc of~ curve to the left having a radius of. 1550.00 fP.e.t, an inr;luded angle·· of 16°21' i~~ and a chord which bears S48°51'23n E a distance of 410.92 feet; thence S57°02' oo~ E along said right-of-lv'ay a discance of ·12. 08 feet:; thence 290. 07 teer-along ~aid right-of-way an arc of a curve to the left having a t"adius of l390.58 fe.et, an included angle of 11°57'06" and a chord which hctirs 563°00'33" Ea dist~nce of 290.22 !ee~ to a point on the west line of UNOCAL parcel 7681; thence N01°46' 59" E alo:tg said west line a distance of 339 .02 feet r..o the northwest cox:-ner of :said parcel, also beir.g a pdint ·011' che east·WeDt centerlin~ of said Section 34; thence SSSD41'2G~ E along said east-west centerline of Sec~ion 34 ~ dir;cance of 66'1.00 feet to the center of Sectior:. 3·f; thence seac43's9~ E continuing along said east-west centerline of section 3-4 a distance or 2631.21 fel!t to the Ell-. corn.e:r .. ot. s.a.id,. section 34; thence SOl 0 39• '.·6"'1 W illong the east line of snid Section 34 a dis"t:ance of 1339.40 feet to the 51/16 corner common ~o said Sections 34 and 35; th~nce S.B.D.0 2.6.' 3.n.• R along. the north line cf the-SHl-/1-SW-l/~1 of :;aid: Section 35 a distance of 1322. 7t; feet: to the NE co:rner of .:he .SW1/4S~'ll/4. of said Section 35; thence so1°12· 20" w along the eest lir.e of the SH1/4SW1/q of said Section 35 a di.!;ta.nce of 1335 .01 feet tc the SE corner of the SWl/4SWl/4 o~ Sect.ion 35; thence SB8°36'28" 8 .:i.long the south line of said section 35 a discance of 1333.53 feet to the Sl/4 corner of said Section 35; (Continued) FIRST AMER!Cl'.J~ TITLE !N"SUR!JiJCE CO!'-!PA.\'Y 1111111Hill111111111111 Hll llllll llUI 111111111111 lHI 545332 05/12/1999 !2,09P 81129 P114 M ~LSDORF 5 of 7 R 36.00 0 0.00 G~RFIELO COUNTY CO LEGAT. DESCRIP'l':tOlt (continuod) Orde~ No. 500307-C3 thence S87°16'54" B continuing along said south i~ne a distance ot 1277. 76 feet to the NW corner of the NE1/1.NE1/4 o_f said Section 2; thence S07°36'll~ W along the westline of said NE1/4NE1/~ a distance of 1214.93 feet to the S~ corner of said NEl/4NEl/4: thence SB9°40'30~ E along the south line of said NEl/4NEl/1 a distance of 1294.06 feet to the SE corner of said NEl/~NEl/4; thence S07 ~01· 32~ W along the east. line of said Section 2 a distance of 1142.72 feet to the El/1 corner of said Section 2: thence S06°29'46" W continuing ulcng said east line a discance of 1336.08 feet to the Sl/16 corner common co Sections 1 and 2: thence S89"45'53~ W ulong the northerly line of the SE1/1SE1/4 of said Section 2 a distance of 245.SS feet to a point on the westerly ri.ght.-of-way o! County Raod #215; the-nee 178 .. 8-3. f.eP.r_ .;i.long. S-ttid. r.i.ght-·of~""ay.j vn arc of· a· spi·:::-21·::: cu~v&-v - to the left che chord of which bears Sl4 ~ 31' 3 7 ~ E u distance of 178. 82 feet; thence continuing along said right-of-way 361.Sl feet along an arc of a circular curve cQ. the.. le.ft__ haY.ing_ a. radi.us of. llS.S .. -92 feet. an included angle of 17°23'03"1 and a chord which bea..rs .s2e.o:os•o9~ .. :& c .. distance of 360.42 feet to a point. on the northerly line of t.h~ U.S. Lab, Inc. property as recorded in Book 898 at Page 699 of the G~rfield County Records; thence S89":22'4l" W along snicI northerly line a dist.ance of 751.SO feet to the Northwest c9rner of said o.s. Lab. property; t.hence along the westerly line of siad U.S. Lab··, !nc. propere-y··c-he' following nine courses: S33e36'23" Ea distance cf 490.65 feet; thence Sl6°42'11w W a distance of 49.62 feet; thence S26°35'C9" W a disto.nce of as.01 feet;; thence 800°36'50~ il a distance of sa.11 teet: thence s19°s6·04·1 E a di9tance-of 13.86 feet; thence S40°54'5{K E a distance of 42. 77 feec,; .. · thence S78°12''12" E a distance of 49.63 feet; thence· NO-QP.3.7• .;.2-~ &a di-sta;i_ce· of· _,~·-"J..t. feec-; thence S23°34'02" Ea distance of 192.11 feet to .a po-int or.-the so>.J·~h line of said Section 2; thence NB8°20' 19" w ~long said south line a distance of 1116.66 feet to the 81/16 corner between Sections l ar.d 2; thence N98"'20' 26~ w along suid south line a distance of 1336. 03 fccr. to the Sl/4 corner of said section 2; thence s951:130 1 ss• W continuing along s<;1.id south llne a c!iSt"ar:ce Of"" 2656.13 feet to t~e SW corner of said Seccioo 2, the point o= beginning. EXCEPT the right-of-way for County Road ~215 a~ recorded in Eook 657 {continued l FIRST A.~ER!Cl>~ TITLE INSUR}\NCE COMPANY 1111111 Hill Hllll llll ll Hll llUll lllU IH Ulll-1111111~ 5q533z 05/l</19S9 12:09P 61129 Pll3 M RLSOORF 6 of 1 R 36.00 P 0.00 GRRFIELD COUNTY CO lil!J04ln\f !O luawalels :aJnso1:iu3 1 I (I) I SOLVAY 1 SOLVAY CHEM ICALS ) ) 1 1 l 1 1 1 1 1 May20,2010 EnCana Oil & Gas (USA) In c. 370 I i 11 Street, Suit e 1700 Denver, CO 80202 R e: EnCana O il & Gas (USA) Inc. (E nCa na) Te mporary Office Building American Soda, L.L.P . -Surface Owner Garfield Co unt y, Co lorado To Whom It May Con ce rn : Amer ican Soda, L.L.P., ow ner of the surfac e of a portion of Sect io n 34, Tow nship 6 South, Range 96 West and portions of Sections 2 and 3 of Township 7 South, Ra nge 96 Wes t, ag rees to all ow En Cana to contin ue operating a temporary office building on its s urfac e und e r the following term s and co ndition s: I. 2 . The temporary office bu ildin g will continue to be maintai ned by EnCana. EnCana w ill co ntinu e to operate th e temporary emp loyee office building in accord ance wit h all app li cabl e State and Co un ty laws and regu lations. American Soda, L.L.P. grants EnCa n a permission to act on its beha lf in reques tin g an Amendment to a Special Use P ermi t regard in g the proposal to modify Condition 8 of Reso luti on No. 2008-49; th us request in g approval to a ll ow the app roved Tem porary Employee Office to use th e temporary water and wastewa ter sys te ms for an ad d itio na l five years for sai d tempora ry employ ee office fr om the B oard of Co unt y Comm iss ion e rs, Garfield Co unty, Co lorado. Please ad vise if you require add iti ona l information in th is reg ard. Sincerely, -,~8J~;L_ Todd Wil so n P lan t Manager -Parachut e Solvay Chemicals, Inc. 2717 County Road 215, Parachute, Colorado 81635 970-285-6500 Fax: 970-285-6393 www.solvaychemlcals .us ~'~ Responsi b le Care" CoodChtmisttyotWott i\e111os '!I eposue:ipawv uaaMl88 uon:iauuo81uo1iezpo4inv :aJnso1:iu3 l. l 1 ~I l 1 nifl SOLVAY ~AMERICA Board of County Commissioners Garfield County 108 8th Street Glenwood Sptings, CO 81601 Ladies and Gentlemen: May 11, 2010 I am an attorney with Solvay America, In c. and am responsible for legal matters relating to American Soda, LLP. In response to your requ est, I am writing to inform you that Solvay America, Inc . acquired all of the partnership interest s of American Soda, LLP from Wi Iii ams o n September 10, 2003 through a wholly-owned s ubs idiary. 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 busines s were distributed to Solvay Chemicals, In c. Please accept this letter as confirmation that employees of Solvay Chemical s, In c. are authorized to send correspondence to the County in co nne ction with permitting issues. If you have any questions, pl ease feel free to contact me at your conven ience. ZfiC<__ Carlos R. Escobar Associate Gen era l Counsel Solvay Ame ri ca , Inc. 3333 RlcluoondAvenue, Houston, Texas 77098-3099 713/525 ·60 00 Fax. 71 31525-788 7 Solvay Companies Webs ite : http://www.SolvayAmenca.com O~Oc'Bl krenuer pa1eo J8ll8l O:)J88 :eJnsopu3 January 18, 2010 Renata Busch Encana Oil and Gas (USA), Inc. 2717 County Road 215 Parachute, CO 81635 i~({/Jit:fi£ fftal rC@TJJJJmty : ---------.. . . .. . ... , --. . __ .J BUll,DING & PLANNING DEPARTMENT RE: Special Use Permit Amendment Application to extend the length of time for a Temporary Employee Office to remain on a property owned by American Soda, LLP for Encana Oil and Gas (USA), Inc. as approved under Resolution 2008-49. Dear Renata, This office is in receipt of the Special Use Permfl Amendment Application to change a condition lo extend the allowable lime length of the Temporary,. Employee Office orig.inally_ approved under Resolution 2008-49 on a property owned by American Soda, LLP for Encana Oil and Gas (USA), Inc. We have conducted a review of the application and determined it lo be technically incomplete. Please provide the following information so !hat we may continue to process ihe application: 1. Submit a written narrative of proposerJ amendment(s) which· includes how the reqrrested amendment does not result in a substantial change defined as follows: 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 Jess than 10,000,.sq, ft. over 100% and stmctures 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 amendmenLto 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 increase the incompatibility of the use. Once you have adequately addressed this issue, the Director shall make a determination as to whether the proposed change constitutes a substantial modification to the condition of approval contained in the Resolution of Approval and a staff report will then be prepared. If the Director determines that the change does not constitute a substantial change to the approved Major Impact 1 /(Jfi Righth S!ree/, Suih' 401 "C/en\l'oodSprings, CO 8160/ (970) 945-8212 ° (970l 285-7Y72 " Fax: (9/()j 384-3470 Review permit, the Director shall set a public hearing before the Board of County Commissioners for an amendment to a condition Of approval in a resolution or approval. Do not hesitate to contact me if you have any questions. Sincerely, ' ' ' \( Molly (\ri<i~•1 ',arson, AtCP, RI.A Senior Planner 970.625.5903 2 Enclosure: Adjacent Property and Mineral Owners List ·1 ~I l l ·-1 I l · 1 --1 Adjacent Property I Mineral Owners: Bureau of Land Management 2300 River Frontage Road Silt, CO 81652 EnCana Oil & Gas (USA) Inc. 2717 County Road 215, Suite 100 Parachute, CO 81635 Puckett Land Company 5460 Quebec St., Suite 250 Greenwood Village, CO 80111-1917 Williams Production RMT Company 1515 Arapahoe Street, Tower 3, Suite 1000 Denver, CO 80202 Mineral: Union Oil of California P.O. Box 7600 Brea, CA 92822-7600 Enclosure: Original SUP Amendment l l l l l l l -1 l l l l l -1 l -1 ·1 -1 ,--1 D D IEI GARF IELD COUNTY Bui lding & Pla nning Department 108 8th Street, Suite 401 Glenwood Sprin gs , Co lorado 81601 Telephone: 970.94 5.82 12 Facsimil e: 970.384.3470 '!f_Ww.ga riie.ld-countv.com MAJOR IM PACT RE VI EW M AJOR IM PACT RE VI EW [A M END M ENT] SUP . AMEND MEN T [Issued under the Zoning _Reso l ut(@-1!f.L878_,_§.§.Am~.fl~~-9] - GE NERAL INFORMATION (Pl ease print legi bly) -- >, Name of ProR erty Owner : l\m erican Soda . r •. J,. I'. /Todd ·~tilson, Plant Vianager -Parachute )> )> )> Mai ling Address: City: Parach ut.<! E-mail address: 2717 Count y R<>arl :ns Telephone;. ( nQ }· 2.n.s.-Gs ac State: _Zip Code: Cell:(_) FAX: ( 910 ) _~_:G1~- )>j Name of Owner's ReQresentative, if any, (Attorney, P lanner, Consu ltant, etc}: )> EnCana Oi l & Gas (USA) Inc. (EnCaii a) -Renatil Du sch, Pt~rmi t Coordinator )> Ma iling Address: 2"1i7 County Road 21S Telephone:(~ 205-2325 )> City: Pa1·actut.e State : co Zip Code: 11 ui3s Cell:(~) 3 1 9-ljij !JO )> E-mail address: renata.busch@en cana.com FAX : (~J __ !as n;:;:;· )> Requested U se from Table 3 -501 or 3 -502 : Profcasionnl Of:'.:icc for Conduct: of B1rnl 11css or P?:of.essim; ' ------- - );;-Street Address I General Location of Property : nu cou nty Road 21s App rox. '3 ni.le s i:orth of the Town of Parac hute off of county Road 2 1 5 )> Lega l Descr iption : ~lWl/4 SBl/4 of Sectio:1 34 , Township 6 South, Ril 1 :~1 c 96 we,~t. 6\:h P .M . I Garfl<:l<I Co u nty, Co l o!:ado )> Assessor's Parcel Number: ?. 1 0 ~ -n u 2 2 u u -l 4 8 ------------- Existina Use: )> -Fu l ly fu nct i onal modular 1:n'i t: located in a f e nc<!d par~dn9 l<>t. )> Property Size (in acres) ____ _ Z one D istrict: Rural ---------- -------------------------------~ Last Revised 1016109 ( ~~ \1\ RG\\o 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 Ill 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. B. A narrative explaining the purpose of the application and supporting materials that address the standards and criteria found in Articles Ill and VII of the Unified Land Use Resolution of 2008. 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··a1:tthority to acl· in that capacity for the entity. 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 I.isl of all property owners, private and public, and their addresses adjacent to or within 200 ft. of t11e 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,i.11 .. tbe. County Glerk .. 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). E. Vicinity map: An 8 Y, 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' showrng .. the generat topngraphic 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. F. A copy of the Pre-Application Conference form compteted'during·th-e·original Pre-Application Conference. 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. I. Major Impact Review Process The following section outlines and describes the Major Impact Review process for the variety of uses that are governed by the Board of County Commissioners by the Unified Land Use Resolution of 2008 (ULUR). Please refer to Articles Ill and VII in !he regulations themselves for a higher level of detail. [The following process is required for applications for land use changes that are subject to Major Impact Review as defined in Table 3-501 or 3-502 in Article Ill.] A. Outline of Process. The Major Impact Review process shall consist of the following procedures: 1. Pre-Application Conference (4-103 (A)) 2. Application (4-103 (B)) 3. Determination of Completeness (4-103 (C)) 4. Evaluation by the Director/Staff Review (4-103 (E)) 5. Public Hearing and Recommendation by the Planning Commission (4- 103 (G)) 6. Public Hearing and Decision by the Board of County Commissioners (4-103 (G)) B. Submittal Materials: The following materials shall be submitted.with a Limited Impact Review application and are more fully defined in Section 4-502 of Article IV of the ULUR. The Director may waive or alter any of these requirements if they are determined to be inappropriate or unnecessary to determining if the application satisfies applicable standards:· 1. Application Form and Fees 2. Site Plan (4-502(C)(3)) 3. Erosion and Sediment Control plan (4-502(.C}\4>) 4. Landscape Plan (4-502(C)(5)} 5. Land Suitability Analysis (4-502(D)) 6. Impact Analysis (4-502(E)) 7. Improvements Agreement, if appropriate (4-502(1)) II. Major Impact Review Amendment Process Any proposal to change conditions of approval or a site plan approved under these Regulations as a Major Impact Review permit shall require application to the Director for Amendment of a Major Impact Permit Approval. The Director shall review the application to determine whether the proposed change constitutes a substantial change to the Major Impact Permit approval pursuant to Secfibh 4'107off\ffl'cle IV. A. Outline of Process. The review process for a proposed Amendment of an Approved Major Impact Review shall consist of the following procedures. 1. Pre-Application Conference (4-103 (A)) 2. Application (4-103 (B)} 3. Determination of Completeness (4-103 (C)) 4. Evaluation by the Director/Staff Review (4-103 (E)) 5. Decision by Director (4-104(8\(5)}. 6. Public Hearing and Decision by the Board of County Commissioners (4-103 (G)) B. Submittal Male rials: The following materials· shaiJ-·be submitted with a Major Impact Review Amendment application and are more fully defined in Section 4-502 of Article IV of the ULUR. The Director may waive or alter any of these requirements if they are determined to be inappropriate or unnecessary to determining if the application satisfies applicable standards. 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 incre<ises a. The number of dwelling units. b. The maximum square footage·of-slruclures/esstharr·1·0,000· sq. ft. 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 req1,1ired attached information whic~J;;~~:;f my knowledge. /l~tJ.2-~a/J (Signature oroperty Owner) Date GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and RnCana Oil & Ga.o (USA) lnc. n:ncana) ____ Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for Temporary Ernploycn Of tice sup Amendment (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 p reject, it is not possible al 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 101 the pmeessing. of lhe 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 REPRESENTA"i!VE) (/·:~µ{-it_ ~_r,/C Signa re !l-or2-d1 Date Renn.ta 3u!:lch Print Name Mailing Address: i."11'1 County !{cad 215, Suite !C:O Parachute, co 81635 Page4 S'."!.'l~'I'EM~NT OJ:' AU'l'H(/RI'l''l r .. : ' :~ •• ~; • U.i. ]_ ·.;·'') ('.{~'.-j_)(; t.'<I1--~-~r::.'~\ , 1 1 i: 1--,·:~ r ~-: h '.. £·,, :· ~q _: ·: ( 1~ I t:,:i : I 11 •· ! ;--;h 0 }-' 1.-::·: '-pc·~·.:11: l c n, '. ~--~j: \: L'./ l i ~[,~ 1-,~:_l .l I~.;;,• L , i ' ~ n i; : ... ·y' '~ ( j I•_; • :·1 ;_] :i. '·.' ..• , . I. ' : ' • ~ I • ! i '., f -!;-:,c,i··1 •.': : (• ~t_! :. -1·.' '. \.i __ :_1 .. 1;"'1 ~·.: ',.. F :·1 l ·~ i) .-; :; : ''··· 1·.-:-,_:· .. f ,-. .. ~ ' j , , ·.!O ·l•I ~ I I_ ,, ·_,_; . :::·•!! !:;;1.:• I:·.], • ~ ' < ; ~ i ( : .. : t ·:: i:J :.1 f! :' [ t i~~ '. \', ::: ;_; I__ J 1 : ': i !'! i I . ,. ; -.,,. ;,I !•,; 1 · .1:· : <.·,·:·.: :; ! ·'-'-·· ~' i ,. :i.-:::, . !-•.· -. ' .. : •: :··.•·· : i ,_,,. "' L 1~ .--l) ·;;: · .l ·.,.: (.'. ·: .. ' r.; · ,. -~: -::1 .1 ·.:1 .. ,,, :· ! I. f:."• ··,I .i I C·? .,-__ ,-,. '. i : 11 ~ t •::1 .. l :· 1·,_: , .. '1 : I_ . ,,; 'l'.· ... -: ,. • •'·i> / .. '. ' ·.·-,, •I '(J' '.•.' '' .! :n \ -. ! . ' -' ~ I ! i' :! (\ \'. -~" ). \.:,\.. ,:·;-:; ">:,,;J,::;~\1.~;;,t£~f ~/ :·: !-'·. :·1:--· ; ... -·, ., ' . -~ ' : -.-,, 1:' c; - -.-: ., .-, r· ~ ; :. "' '·' .: 1 .·I'. .' ! ,, ii j'.J-.'l'.;,._: ...! ::---· 1,or l ~-, "'~'"''' ·~ :::1.•;•·.•.· ~"-' 0 '""-! "''0 ':•:, !.i ,..,,, -.,_, ~ ,- (·~\-'•.'-~I'.' ,,,,:•r ·,i.~ •)•) ~; <:::!! $•;C'i;.'Oll.'::'.- ~ [ t11[1.'. . nv<>r <<1-'---'">l !ii !l \ ipy-=, :'. ·/~ 1r-';~);' ! \ 1 •':: -;-,'I/,;~··: I: J.1'1l '.fl 1;-~ .' ,~:;;.l }~'r'i},!/ \, 'r1 P~r~\:. If! I PRE-APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2409-022-00-148 DATE: November 11, 2009 APPLICANTS PLANNER: Fred Jarman PROJECT: EnCana Oil & Gas (USA) Inc. (EnCana) Temporary Employee Office Amendment to SUP (Re: Timeframe Extension) OWNER: American Soda, L.L.P. REPRESENTATIVE: Renata Busch/ EnCana/ Permit Coordinator PRACTICAL LOCATION: Approx. 3 miles north of the Town of Parachute off C.R. 215 TYPE OF APPLICATION: SUP Amendment I. GENERAL PROJECT DESCRIPTION Request to extend the timeframe of the EnCana Temporary Employee Office until 2020. Due to economic downturn, EnCana will not be constructing a new office complex and will need to continue occupying the temporary modular in its current state. 11. REGULATORY PROVISIONS APPLICANTIS REQUmEDTO"A'!JDKESS (IJEVELOPMEN1''CO'DE /COMPREHENSIVE PLAN, STATE STATUTES, ETC.) The continuance of the modular unit in its current location does not result in any changes to tf\e status or use of the Temporary Employee Office. > Garfield County Unified Land Use Resolution Sections: Ill. REVIEW PROCESS Public Hearing(s): Referral Agencies: None =Planning Commission =Board of County Commissioners = Board of Adjustment (Division of Water Resources, Colorado Department of Transportation, etc.) IV. APPLICATIOf\IBE\IJJ;W FE~S Planning Review Fees: $ Referral Agency Fees: $ Total Deposit: $ (additional hours are billed at hourly rate of$ Geneii!lApplicatio_oYsQces_:;ing ) 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. .ili;>,proval 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 chang~ in the future, and upon factual representations that may or may not be accurate. This summary does not create a lega.1-orvested.right.. f're-ai:iJ:!licatkm5-uJTIJn9LY Prepared_lly; Date Enclosure: Resolution No. 2008-49 (with condition 8 noted on page 3) !111111 ~'1Y'1.M\~PV.',MJ!.~U~1Ni1'.M\i.l!ifliJM~.lm·~~·u Ill.ii Ill ReceptionU: 746654 ;"j / tJ/ /,' ''( .-:.,.:. 04/16/2008 04:12;11 PM Jean Alberico I of 4 Rec Fee:$0.©0 Doc Fes:0.00 GARFIELD COUNTY CO ST ATE 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 Courthouse, iu Glenwood Springs on, Monday, the 711 day of April A.D. 2008, there were present: John Martin , Commissioner Chairman Larry McCown , Commissioner Tresi Houpt , Commissioner Don Deford , County Attorney Jean Alberico , Clerk·ofthe Board· Ed Green , 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 FORA TEMPORARY OFFICE LOCATED IN THE NW Y. 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 \he 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 of Colorado Division of Housing and are rated as R2for uon-residential use with a cer.tifzca_tion·#Off52'-3: A~pplit:a"?tt·' proposes that this use of this office is temporary only for a period not to exceed two years. As such, water and waste wata are proposed lo 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 derued; at·;vl>Jch 11ea.ing the. publi~ •. ai1d . interested persons were given the opportunity to express their opinions concerning the approval of said special use permit; and L~ ' Hjl~~:~~~frJ~~WJ~i~~~W~1.M~li!4i~~Ait{~!-i~~ii~l~{~,~-~Wi~-~~ rt.'ll I•-. .. ' • lilllll ~'/ii, ~~~Y'll\',~~L~r.i'I. "' ~r,~1a111~ ~N.IM 1J ~'H WI 111 Recept.ionll: 746654 04/16121i:108 04:12:11 PM Jean Alberico 2 of 4 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUrffY 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: I. 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 arid issues· were submitted and that all interested parties were heard at that meeting. 3. The above stated and other reasons, the proposed special use permit has been detemlined · 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 compHancewith alI ofthe following specific conditions: I. That all representations of the Applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions ofopproval ·unless· explicitly altered by the Board. 2. That the operation of the facility be done in 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.C\3 .. 08 ·'fudUstriaI Performanc.e .. Standards" of the Garfield County Zoning Resolution of 1978 as amended and included here as follows: a) Volume of sound generated shall comply \vith 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 ins-trum<>nts; at any point of anJ boumlar; line.of.the . property on which the use is located. c) Emissions of smoke and particu.late marrer: every tlse snal.l'lle operated· so as to comp-ty"· \\ith all Federal, State and County air quality laws, regulations and standards. 2 l< [~ )f,i.ifi•;:i~':if.'';'i<'~~''V~'~'--"t:x"11111JJlilf8"~-- lmlll W11'1. l'l\~li'!Jl,',MJUl41Jlil1,~"i\f\~~.lfiliiMli.lti·~.lt'i·~.~·u ~1111 Receptiontt: 746654 04/1612008 ©4:12:11 PM Jean Alberico 3 of 4 Rec Fee:$0.00 Dao Fee:0.00 GARFIELD COUNTY CO d) Every use shall be so operated tbat 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 cond11cted 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 ltJ the CbmJty-upon rnqaest tu demonstrate that water supplied to a site is from an approved source and that wastewater is disposed at an approved facility. The operator must com!u&t·m.,nthly tests (0r. quarterly if an.o.n., site disinfection system is installed) and maintain records of stored potable water san1ples specific for coli form. Any tests indicating coli fom1 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·cwuycar period; lhe-;nvr1c; 3hall 0 . required to insta.U- more pennanent water I wastewater services such as well and ISDS. 3 @ r I t ~ [!: f~~iik.\-~i~~Mtili~!J~~~~~~\·~~~,~~~il-{lliB 111111\\l'i. ~\'l~~!Jl,'.MJU~. d, ,l<M1~fr~\r:M1~ f&li\ ~~!~~'~ [!I Ill Reception~: 746654 04/16/200804:12:11 PM Jean Alberico 4 of 4 Rec Fee:$0.0IZI Doc Fee:0.00 Gi::lRFJELD COUNTY CO 9. The maximum nwnber of occupants permitted under this Special Use Pem1it 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 minimwn total capacity of 4,500 gallons of sewage and wastewater storage capacity. ,L}11:: a · Dated this ~day of -{(ML ATTEST: , A.D. lOilll____. GARFIELD. COUNTY BOA.RD OF COMMISSIONERS, GARFIELD COUNTY, CO LO,'""''""~ ) wliA,_,.__ . ·-~--- Upon motion duly made and seconded the for oing .Resol~Jn wa,s ad~. ~ted by the following vote: ~~··· "'C""O""'M"'M"'IS""'S"'I O""N""E""R"--C"'HAl"'-"'""'R~J~OHN~~F~. MAR""'-''"'T,,...IN,,_,_ _______ , Aye "C""O"'MMJ~S"'S=IO~N~E=R~L=A~RR~Y~L=·~M=C=C=O~WN~---------' Aye COMMISSIONER TRESI HOUPT ______ ,Aye·· STATE OF COLORADO ) )ss County of Garfield ) I, , County Clerk and ex 0 offrcio Clerk ofthe·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 Conunissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal ofsaid County, at Glenwood Springs, this __ day of ., A.D. 20_ .. _. County Clerk and ex-officio Clerk of the Board of County Commissioners ' deVll A\JU!O!/\ :emsopu3 ~ -l SW CORNER SECTIOH 34 1912 C.L..O. BRASS CAP ~ l t SECTI ON CORNER LOCA TED ~KTClt evan:.~82930 W~vEYING Phone No.(307)71J!l.4545 r 1 Sl Map Showing EnCana Oil & Gas (USA) Inc. Office Building Site Plan located in the NW1/4 SE1/4 of Section 34 T6S, R96W, 6th P.M. GARFIELD COUNTY, COLORADO SitePlsn Scale: 1· = 50' 12118107 4115110 SHEET 1 OF1 fil ~ ~ UJ ...J ~ ~ ,- · sw1ep1,uv rn1neH pa\epdn :amso1:iu3 ENC.ANA ... .. ~7'. EnCana Oil & Gas (USA) Inc. May 4, 2010 Fred Jarman EnCana OJI & Gas (USA) Inc .. 2717 County Road 215 Suite 100 Parachute, CO 61635 Director I Garfield County Building and Planning Department 108 a'" Street, Suite 401 Glenwood Springs, CO 81601 RE: Updated Hauler Affidavit for Temporary Employee Office Oear Mr. Jannan: lol: (970) 265-2825 fax: (970) 285-2691 renals.busch@encana.com Yl'NW. encana com Please accept this lelter as certification that Artesian Waler service provides potable water hauling services for EnCana I certify fhat Artesian Waler Services provides pot able water haulin(t services to EnCana for their temporary office facilities located in at 2717 County Road 215, Porachute, CO, 81635 The water source is a groundv1ater ivel/ in 1\fesa County and Colorado Registration number is co lf.139156 "tJUL ~ !~~~ os 10 \.\ / to (Signature) N '"\,o\,.,, 1\1, \1~.r..,,-.. (Print Name) Please contact me if you need additional information . Sincer~!( ,,/k ";~~~'/t( . /._ __ Renata'Busch Permit Coordinator (Date) (Title) "\ii'"' .-~. j'-f r .J ii , A -i'l;,·A .!!CJ __ ,l "I,_; 11.L "J -.. " _,...--:_..-·-:·-·----... ':"'-:--';-;:-""."~ ... ~, / ' "'· [nC?.ll;I Oil s. Gc;S (USP,) Inc. EnCana Oil & Gas (USA) Inc. 2717 County Road 215 lei: (970) 285-2825 tax: (970) 285-2691 Suite 100 -~!,'!!'. L\l_}i_:;l~1._C_!l1;:~;;_:_,~. ~-;)• ' Parachute, CO 81635 www.encana.com May 3. 2010 Fred Jarman Director I Garfield County Building and Planning Department 108 8'" Street, Suite 401 Glenwood Springs, CO 81601 RE: Updated Hauler Affidavit for Temporary Employee Office Dear Mr. Jarman: Please accept this letter as certification that Mountain West Oil Field provides sewage collection and hauling services Fol EnCana. 1 certify that Mountain West Oil Field provides sewage collection and hauling services lo EnCana for their temporary office facilities locater! in at 2717 County Road 215, Paraclwte. CO, 81635. Services are provided every 3-5 days unless needed on a more frequent basis. Collected sewage is disposed al the South Canyon or City of Rifle Disposal ~IL;/~--~ "(&g~~------------- 0ul\P\{; "\)t?cV L0 (Print Naii'ie) Please contact me if you need additional information. Sincerely, Renata Busch Permit Coordinator 0~\0