HomeMy WebLinkAbout2.0 BOCC Staff Report 08.13.2001REQUEST:
APPLICANT:
LOCATION:
SITE DATA :
ACCESS:
BOCC 8/13/01
PROJECT INFORMATION AND STAFF COMMENTS
A request for review of an amendment to a Special
Use Permit to allow expansion of an existing facility .
American Soda, LLC
2717 County Road 215 , about 3 miles northwest of
the town of Parachute
Approximately 1,000 acre property
I-70 to County Road 215
EXISTING ZONING: R/L Resource Lands: Gentle Slopes/Lower Valley
Floor
I. SITE DESCRIPTION AND DESCRIPTION OF THE PROPOSAL
A. Site Description : The Parachute site is an approximately 300 acre existing
industrial facility enclosed by a chain link fence . The remaining 700 acres of the site is
agricultural and/or vacant, with limited residential and extractive uses.
B. Development Proposal: American Soda proposes to add process equipment to
enhance recovery of soda ash from it's mine recycle water and MVR purge streams. The
deca-hydrate addition will be added to the main process building located at the center of
the site. Adding the new equipment will allow American Soda to convert residual soda
ash product remaining in the mine water into a recoverable form of soda ash called "deca-
hydrate". The deca-hydrate is then returned to the crystallizer and converted to finished
soda ash product. If the new equipment is not added, American Soda will continue to
pump all of the mine water to the Piceance Creek Mining Operation or to the MVR purge
pond.
The existing processing facility is 400' long by 80' wide and is 120 ' tall. The addition will •
be a 50' x 50 ' wide building, 84.5' in height.
II. REVIEW AGENCIES AND PUBLIC COMMENT
This application was sent to the following review agencies/departments:
1. Town of Parachute: No reply received .
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2. Division of Minerals and Geology: No reply received.
3. Burning Mountain Fire Protection District: No reply received.
4. Bureau of Land Management: No reply received.
ill. MAJOR ISSUES AND CONCERNS
A. Zoning: The site lies in the R/L Resource Lands zone district. Section 3. 10 states that
extraction on the gentle slopes/lower valley floor requires a special use permit. All
industrial operations must meet the standards set forth in Section 5.03.07 and 5.03.08, as
described below. Section 5 .08 .02.08 defines a "major project" as one which will employ
200 or more employees at any one point in time. This project employs 100 people.
During construction of the deca-hydrate addition , up to an additional 50 contract
employees may be temporarily employed. Thus, the proposed addition will not fall under
the definition of a major project.
B. Conditional and Special Uses: Conditional Uses are subject to the standards set forth in
Section 5.03 of the Zoning Resolution:
(J) Utilities adequate to provide water and sanitation service based on accepted
engineering standards and approved by the Environmental Health officer shall either
be in place or shall be constructed in conjunction with the proposed use;
Adequate utilities are in place.
(2) Street improvements adequate to accommodate traffic volume generated by the
proposed use and to provide safe, convenient access to the use shall either be in
place or shall be constructed in conjunction with the proposed use.
Neither commuter traffic nor truck trips are expected to increase as a result of the deca-
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hydrate addition . Rail traffic is expected to increase by no more than one 110-ton railcar per '
day . The existing infrastructure is adequate to safely accommodate access to the proposed
addition .
(3) Design of the proposed use is organized to minimize impact on and.from adjacent
uses of land through installation of screen fences or landscape materials on the
periphe1y 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 new addition will be painted the same unobtrusive exterior color as the existing
building so that it will blend in the natural surroundings and reduce visual impacts. The
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site does not lie within an existing neighborhood.
C. Industrial Operations: All industrial operations must meet the standards set forth in
Section 5.03.07 and 5.03.08. Section 5.03 .07 states the following:
( 1) The applicant for a p ermit for industrial operations shall prepare and submit to the
Planning Director ten (J OJ 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 (JJ copy of the impact statement shall be filed with the
County Commission ers by the Planning Director. The impact statement shall address:
(AJ Existing lawful use of water through depletion or pollution of swface run-off, stream
flow or ground water;
The projected maximum water use for the current Phase 1 and the anticipated Phases 2 and 3
are well within the volume of rights owned by American Soda.
The impact statement shall address:
(BJ Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or
vibration, or other emanations;
The addition will used electrically powered equipment and steam heat provided by existing
boilers. No emissions of vapor, dust, smoke, glare or vibration, nor other emanations will
occur. Any noise generated will occur inside the proposed building.
The impact statement shall address:
(CJ Impacts on wildlife and domestic animals through the creation of hazardous
attractions, alteration of existing native vegetation, blockade of migration routes, use
patterns or other disruptions;
The addition will not cause any of the above disruptions. Fencing prohibits the entry of
certain wildlife, livestock, and other domestic animals.
The impact statement shall address:
(DJ Affirmatively show the impacts of truck and automobile traffic to and.from such uses and
their impacts to areas in the County,·
Neither commuter vehicle nor truck traffic is expected to increase. One rail car per day may
be added to the existing volume of rail traffic.
The impact statement shall address:
(E) That sufficient distances shall separate such use from abutting property
which might otherwise be damaged by operations of the proposed use(sJ,·
This is an existing facility which has already been determined to be separated by sufficient
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distances. The addition will also be sufficiently separated from other land uses.
The impact statement shall address:
(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 other impacts are expected to result from the deca-hydrate addition . No other mitigation
is proposed other than painting the facility an unobtrusive color.
(2) Permits may be granted for those uses with provisions that provide adequate
mitigation for the following:
(A) A plan for site rehabilitation must be approved by the County Commissioners
before a permit for conditional or special use will be issued;
Site rehabilitation is not expected to be necessary given the industrial nature of the site, and
the relatively small size of the addition.
(B) The Cou nty Commiss ioners 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 Co mmissioners to secure the
execu tion of the site rehabilitation plan in workmanlike manner and in accordance with the
specifications and construction schedule established or approved by the County
Com missioners. Such commitments, bonds or check shall be payable to and he ld by the
County Co mmissioners;
Since no additional site rehabilitation is necessary for the building addition a bond is not seen
as necessary in this case.
(C)/mpacts set forth in th e impact statement and compliance with the standards contained in
Section 5. 03. 08 of this Resolution. (A. 93-061)
Section 5.03 .08 states the following:
Industrial Performance Standards: All industrial operations in the County shall comply with
applicable County, State, and Federal regulations regulating water, air and noise pollution
and shall not be conducted in a manner constituting a public nuisance or hazard.
Operations shall be conducted in such a manner as to minimize heat, dust, smoke, vibration,
glare and odor and all other undesirable environmental effects beyond the boundaries of the
property in which such uses are located, in accord with the following standards;
(1) Volume of sound generated shall comply with the standards set forth in the
Co lorado Revised Statutes at the time any new application is made. (A. 93-061)
Equipment generating noise will be located within buildings or enclosures . American
Soda will comply with all relevant state and federal standards with respect to noise
and emissions.
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(2) Vibration generated: eve1y use shall be so operated that the ground vibration
inherently and recurrently generated is not perceptible, without instrum ents, at any
point of any bounda1y line of the property on which the use is lo cated;
The addition will not produce perceptible ground vibration at any point along the
prope11y boundary .
(3) E missions of smoke and particulate matter: eve1y use shall be operated so as
to comply with all Federal, State and County air quality laws, regulations and
standards;
These emissions will not be produced .
(4) Emission of heat, glare, radiation and fumes: every use shall be so operated
that it does not emit heat, glare, radiation or fumes which substantially
inte1fere with th e 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;
The addition will have night lighting which complies with occupational safety
standards . Neither radiation nor fumes will be emitted . Heat emitt ed will not be
measurable in off site air or water resources .
(5)(A) Storage of flammable or explosive solids or gasses shall be in accordance with
accepted standards and laws and shall comply with th e national, state, and local fire
codes and written comments/re comm endations from the appropriate local protection
district regarding compliance with the appropriate codes.
Limited quantities of diesel fuel and other resulated materials are stored in a manner
consistent with the National Fire Code re~utrements and other applicable state and
federal regulations . The local fire di strict did not respond to the County's request for
comments, which may be interpreted as approval by said district.
D . General Staff Comments : Staff finds that the deca-hydrate addition will cause very little in
the way of impacts and provides the benefit of recovering produ ct from wastewater,
reducin g the amount of wa ste the project produces . If approved , the existing resolution , #
99-05 5, shall be replaced by a new resolution of approval containing all the original
conditions found in 99-055 , plus any new conditions of approval deemed appropriate by
the Board of County Commissioners.
IV. SUGGESTED FINDINGS
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That proper public notice was provided as req uired for the hearin g befo re the Board of
County Co mmissioner s.
That the hearing before the Board of County Co mmissioners was ex tensive and co mpl ete,
that a ll pertinent facts , matters and is sues were submitted and that all interested part ie s
were heard at that meetin g.
That fo r the above stat ed and other rea so ns , th e propo se d spec ial and conditional us e
per mit s have been shown to be in the be st interes t of the health , safety, moral s,
convenience, order, prosperity and welfare of th e citizens of Garfield County .
That the application is in conformance with the Garfield County Zoning Resolution of
1978 , as amended.
RECOMMENDATION 'Z ~
Staff recommends APPROVAL of the application for a special use permit with th e following
conditions :
That th e ex isting resolution , # 99-055, shall be replaced by a new resolution of approval
co ntainin g all the original co nditi ons found in 99-055 , plus any new conditions of ap proval
dee med appropriate by th e Board of County Co mmission ers , as follows ;
That all representations made by th e applicant in th e application for the deca-hydrate
add ition , or at the public hearing , shall be conditions of approval, unless specified
otherwise by the Board of Cou nt y Commissioners . Said representations include, but are
not limit ed t o :
a) Ne ither commuter nor truck traffic shall appreciably increase due to the d eca-
hydrate addition.
b) The new additi on shall be painted the sa me unobtru sive color as the exis tin g
building.
c) No increased emi ss ions of va por, dust, smoke , glare, or vibration, or other
emanation s, shall occ ur as a re sult of th e deca-hydrate additi on so as to imp act
adj ace nt land s. E quipm ent ge neratin g noise shall be enclosed within buildin gs . The
deca-hydrate addition shall not prod uce perceptible ground vibration at any point
alon g the property boundary. Smoke and particul ate matt er shall no t be produced.
E mitted heat shall no t be measurable in off si te air or water resources.
3. T hat th e deca-hydrate addition approval shall be valid until 8/13/02. If the applicant fails
to meet th e co nditi o ns by 8/ 13/02 , and subsequ entl y th e specia l use permit is never issu e d,
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the approval shall be automatically revoked, unless an extension is granted by the Board of
County Commissioners;
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STATEOFCOLORADO )
)os
Counly of Garfield )
Al a special meeting of the Board ofCounly Commi .. ioners for Garfield Counly,
Colorado. held in 1he CommiHioners' Meeting Room, Garfield County Courthouse, in Glenwood
Spring• on Monday the--1.L day of May A.O. 19...J!L. there were present:
_..,Jo..,hnJILIM,,,..anu•w'n'-------------·· Commissioner Chairman
_ _,\\,_,'al.,1._.s..,1.,0,,w"'e ____________ , Commissioner
-~l.,.any....,_..,M,,,cC~o..,wnw..-----------· Commissioner
-~Do~n_.De...,.F~o,,,rd._ ___________ , County Allorney
-~M~i~ldwred_Al~sdwo~rf~----------· Clerk of the Board
_,.E.,d_,G .. n:.,een!i1L ____________ • County Administrator
when the following proceedings. among others were had and done, to-wit:
RESOLUTION NO. 99-055
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT
APPLICATION TO ALLOW FOR nm OPERATION OF AN INDUSTRIAL PROCESSING
FACILITY FOR AMERICAN SODA LLP AND nm REPEAL OF RESOLUTIONS #81-11,
·. #81-100 AND #82·186
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has
received application from American Soda LLP for a Special Use Permit to allow for the
operation of an industrial processing facility at the site identified in the application:
WHEREAS. the Board held a public hearing on the 6th day of Ap.c.119.tt.._. upon
the question of whether the alJove.describe Special Use Permit should be granted or denied, at
which hearing the public and interested persons were given the opportunity to express their
.. opinions regarding the issuance of aaid Special U1e Permit; and
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Thai lhe hearing before 1he Board orcoun1y Commi .. ioners was e•len!live and
complele, 1ha1 all pertinenl racl•. mallers and issues were submilled and lhal all
. in1erested parties were heard al 1ha1 hearing.
1'ha11he applicalion i• in compliance wilh 1he Garfield Coun1y Zoning Resolulion
or 1978, a. amended
For the above slaled and 01her reaoons. the proposed use is in the besl in1eres1 of
the health, sarety. moral•. convenience, order. prosperity and welfare or1he
cilizens of Garfield Counly.
NOW, THEREFORE, DE IT RESOLVED by the Board ofCounly Commissioners of
Garfield Coun1y. Colorado, 1hat the Special Use Permit be and hereby is approved to allow for the
'' operalion or an industrial racilily at the site idenlified in the application, upon the following
specific condilion5:
L. · · That all representations of the applicant, ei1her within the application orstated at the
meeting before the Planning Commission, shall be considered conditions ofapproval .
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. As used herein the term "applicant" shall apply to and bind any person, corporation,
association or other emity of whatever nature which assumes ownership, responsibility or
control over the proposed facility or any part thereof.
That lhe operation orthe facility be done in acoordance with any federal, state or local ·
regula1ions governing the operation orthis type of facility.
Thal the applicant provide the following plans prior to issuance of a building permit:
a. A detailed drainage plan for the site including. including the I 00 year flood way
· boundary.
h.. A delailed landscaping and weed mitigation plan, highlighting existing areas of
noxious weed inrestation and a plan for weed management at the site.
c. A detailed lighting plan showing generally the type, number and location of on site
exterior lighting.
d., , A detailed parking lot and internal circulation flow plan identifying automobile and .
truck traffic circulation, access, egress, loading and parking.
e. A detailed signage plan outlining attached, detached or off-premise signage. ·
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f. A detailed transpol1atlon •tudy and plan outlining the estimated impacts to County
Road 21~.
g. A detailed noi!Oe study and plan outlining the estimated impacl9 to adjoining
property owners.
h. A detailed screening plan outlining the anticipated storage and operation~
screening or henning as may be required in accordance with the special use permit
supplemental regulations.
That the applicant provide a road bond covering other road deterioration or mitigation of
impacts to County Road 21 ~as may be created by the applicant's activities or u required
by the Road and Bridge Department.
The County shall retain. at Anierican Sodas expense, an independent engineer for plan
check and an independent building inspector also determined by the County.
The applicant shall obtain all necessary building permits as required by Garfield County
and shall compensate the County for any and all extraordinary costs associated with the
issuance of the special use permit.
Prior to mobilization and/or construction, the applicant shall obtain approval of all
proposed crossings of County Roads from the Garfield County Road and Bridge
Department including appropriate notification of the public as may be necessary for road
closures or other activities as required.
Prior to mobilization and/or construction, the applicant or the applicant's contractor(•)
shall obtain overweight vehicle permits from the Garfield County Road and Bridge
Department
The applicant shall obtain ali licences as may be required for vehicles used by the apr!icant
and the applicant's contractor(•) from the Garfield County Clerk and Recorder.
The applicant shall re-submit for re-issuance of a special use permit to allow the industrial
use as proposed in the Accelerated Action Plan .
The applicant shall paint all structures in accordance with the application as submitted
prior to occupancy.
The applicant shall provide to the County a Emergency Preparedness Plan Draft prior to
occupancy. Annual updates detailing compliance and readiness shall be provided annually •·
· • from the date of issuance of the special use permit to the County.
14. The •pplicant •hall ohtain approval •nd provide to the C'ounty all pennit• lioted on Page
· J2 orthe StatTRepurt within thirty (.10) day• ofthr date indicated. E•ten•iono to the,.
deadlinCll m•y be granted at the di•cretion of the Board ofC'ounty Commi.,ioners without
l\orther public hearing.
IS. Upon isou•nce of the •11ecial u,. prrmit the following. previou•ly adopted Resolution•
•rprnving special uoe permits as apply to the 1,000 acre parcel described in this
a11plication, •hall be repealed:
I. Resolution #81-11
2. Resolution #Rl-100
.1. Resolution #82-186
H" . The applicant shall provide to the County. closure reports for the following Correction
Action Plan• for remediation:
I. Active Basin; Final Clean Closure Pia' Report for the Active and
Inactive Ba•ins, Parachute Creek Shale Oil Facility (HLA, 1996a)
2. Inactive Basin; Final Clean Closure Plan Report for the Active and
lnRctive Basin•. Parachute Creek Shale Oil Facility (HLA, 1996a). ·
3. Temporary Basin No. I; Final Clean Closure Plan Report for the ..
Temporary Basin Nos. I and 2, Parachute Creek Shale Oil Facility
(HLA, I 998b) . ' ·
4. API Separator; Ph•se I Closure and Engineering Evaluation Report,
Active and Inactive Basins Closure Project (HLA, 1996b)
S. Plant Effluent Lift Station; Phase I Closure and Engineering
Evaluation Report, Active and Inactive Basins Closure Project
(HLA, I 996b)
6. Underground Storage Tank· Maintenance Building; Environmental
Site Asoessment and Underground Storage Tank Closure Report
(Chen Northern, 1993)
7. Upgrade Facility· Parachute Creek Shale Oil Facility
(HLA No.416502)
" 17. American Soda shall assume all liability and responsibility forthe Oily Water Sewer
remediation as identified in HLA No.416502 and make substantial progress of monitoring
and remediation
18. The applicant shall provide to the County a Site Rehabilitation Plan detailing basin
closures and all required remediation to the satisfaction of the Board of County
Commissioners prior to occupancy.
19. The applicant shall meet all requirements of Section S.08, Fiocal Mitigation Program, of
the Garfield County Zoning Rcoolution of 1978 u. u may be required during the
construction or operation of the facility.
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20. · Any sub111nti1I ei.pansion of the use a. propoioed shall require te·iuuance of 1 special u11e
permit.
21. The applicant shall be responsible for inclusion and assignment of the plant site u a
ponion of the P.rachute I Battlement Mesa Recreation District within one year of the
special use permit approval.
Dated this.1.!L_day of,.M.,.a..,.y _______ ., A.O. ICJU._.
ATTEST: GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, COLORADO
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Commissioner Chairman, John Manin, ----~--------Aye
Commissioner, Walt Stowe, Aye
Comrnission•ir, Larry Mccown. Aye .
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To: Garfield County Building & Planning Dept.
Attn. Mark Bean
Date: Tuesday, June 05, 2001
Project: American Soda Amendment to the existing special use permit
Re: Engineering technical compliance review of application dated Wednesday, May 23, 2001
Mark,
I have reviewed the above mentioned application submittal and have the following comments per section or page:
1. General:
1.1. I have called Ed Cooley concerning a site visit and in particular how this application relates to the existing site. J would welcome you
to attend.
2. Page 3, section 2.0 WATER USE AND WASTEWATER DISPOSAL:
2.1. The statement concerning legal supply of water is adequate at this time. However, at the next submittal I recommend there be a
summary table added stating existing and proposed uses. The quantities of water currently decreed with the quantities being used
and the quantities proposed to be used should be detailed with this summary table.
3. Figure 1, LOWER PLANT PLOT PLAN
3.1. The drawing should clearly show all existing information and all proposed information. All existing infonnation should be labeled as
such, and all proposed information should be labeled as such.
4. Page B-2, section 1A. EXISTING LAWFUL USE OF WATER
4.1. The statement concerning legal supply of water is adequate at this time. However, at the next submittal I recommend there be a
summary table added stating existing and proposed uses. The quanrnies of water currently decreed with the quant~ies being used
and the quantities proposed to be used should be detailed with this summary table.
5. Page B-5
5.1. At the next submittal I would recommend there be a summary statement added stating existing retention pond sizing calculations
and the ponds ability to handle the storm water runoff from all new impervious areas with this amended application. The figure one or
new figures should show existing and proposed storm drainage tendencies.
If you have any questions or concerns, please do not hesitate to call.
Sincerely,
JeffT Nelson
Assistant County Engineer
C Randy Withee, County Engineer
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109 8111 Street, suite 100-c, Glenwood Springs, CO. 81601-3360, 945-1377 ext. 4013
Jtn www.garfield-countv.com, inelson(ci)gartield-county.com
GARFIELD COUNTY
Building and Planning Department
September 5, 2001
Mr. David Blair
P.O. Box295
Parachute, CO 81635
RE: Special Use Permit Application for American Soda
Dear David,
The Fire District's comments arrived too late to be included in the staff report or presented to the
Board of County Commissioners. However, your support of the application is reassuring . The
application was approved on August 13, 2001, as evidenced by the enclosed copy of a letter to
American Soda which details the conditions of approval. Please do not hes itate to contact me in
the event you have any questions.
Sincerely,
Kit Lyon
Senior Planner
Ph: 625-0916, 144 Yi East 3rd Street, Suite 208, Rifle, CO 81650 www.garfield-county.com
July 13, 2001
Kit Lyon
GRAND VALLEY
FIRE PROTECTION DISTRICT
1777 S. BATTLEMENT PARKWAY
PO BOX295
PARACHUTE, CO 81635
(970) 285-9119, FAX (970) 285-9748
Garfield County Building & Planning
144 1/2 E. 3rd St., Suite 208
Rifle, CO 81650
Subject: American Soda, LLC amended Special Use Permit request
RECE \VEO
SEP 0 S 200\
Reference: Yankee Gulch Sodium Minerals Project, Parachute Processing Operation
Deca-Hydrate Addition
Kit,
After reviewing the provided documentation from the applicant, I would recommend to
the Garfield County Building & Planning Board to approve the request. The project is
materially within the applicant's property and poses no concerns to the Fire District as to
an additional hardship or threat, or to the District's ability to carry out its protective
functions .
American Soda has proved during the initial construction phases of the project that it is
committed to the safety of its personnel and the environment as evidenced by it safety
record. This commitment was/is evidenced, during the construction phase and now
operational phase, from top management down through the ranks of both its own
personnel and the personnel of its contractors.
If I can be of any further assistance to either the Garfield County Building & Planning
Department or American Soda, L.L.P., I can be reached at: Office -(970) 285-9119 or
Cell -(970) 250-9851.
David A Blair
District Fire Chief, GVFPD
Cc: Ed Cooley, American Soda, L.L.P .
file
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Vi\°' Grand Opening F~gJ*
Piceance Creek Mini~·
~s=en discovered deposit in 1964 while drilling for Marathcl~~~-~~~~ti~~~1ft{~~~~~4 .
..;:.,;:·-.~~~.,;;-.;_;.~,;::.t-...r:.~::. ':.···•.,_• •• -r,. ... ···~--,,.~~-~,..,._~--.....
ater he filed preference lease rights in 1966 an leases perfected ~in;1;992 ."'American Sodciw as ·rormed in
October 1996 as a partnership between The Williams Compani:e5)it~tf~fsa, OK and Ameri~·~;A!!<~i<(l nc ., a
____ ,.;-. .. _ priva~ly held company owned principally by the Ni.elsen ta.m!!Y-.~~ij'ijg~Qulc_~ ~ir:iing block js :~J~~ffi:~ .··.·;.~~~-.' ·\~~:.. ~on~1rnng a total of 4 .. 9~4 acres . Also , Juhan-N1elsen :~~~-~~~£.fl. 97 a_~::~_~,I !h_ree le~~~-}j~~~n over
· : ·. ~ "•';, 1lhon tons of nachohte in-place. -·.<,,.::,.' · ·~,.:~.·r:t::·'-. · ·:('. •"· · ;'._. ;z~·-i~:.~t;·
,. i:_ • • · --~--~:;r;_i{.::?~~J:<:·" ·_-:_.~~,-~:~~~~;Jr~.: · , ·· t~~~!i~~~ir _
~ "-.. Riceance Creek Mine. . ·. ~-··--:-···,:·· .... 7 -, ;-;.~i:.:·, ·""'-':~::J.~, .. ,,._:•·:
' .-.;:·:•he deposit is pure Nacholite (NaHC03 and provides-A,;;~-~~~ Soda witfl~ .. 1 _oc)~1J~· ~ears 6{~~~~~~:-The
·~posit is approximately 600' thick and approxima~ly ?q% Nacholite. _It)~ ~pp~ximately 1Q~;nci:ier;·per
,:>:'-'··:".
-~,;~"~than Gre~n . River in. reco~erable reseryes :·T~~i~~~posit leav~ ?§~:t'f~~~]p~~tion rjl_~::§iC~h~le
-~.!.dafter mining, leaving m ined areas ve. ry ~.~Je :~Gurnmt pl~l).':l .. '~~ .. ~.:~.~!~!:~?. .. PJ.~ .. ,.;. ~i.amete~J.~.n ..i..r >e.9 .. )~ ..•... reas x ~ high from a single well. ~ining metho.d . is ~~~Jnjection of .bi~~ ~flJ~~~t;J~.!"~ak liqu?r-L'J!~.~~ from
.. · ~anechute process) at approximately 4CXY F and the removal of.sod1um ;,b1caroonate solution•·ofj~~P.;~;. :J.~;~~,(rroximately 3CXY F and at ?oncen~tion~::Ot a·ppro~imately 2p%::-_!V1ir.iib~(teq~n1f:tue takes -~!~p~)~'a single
--~·;,~ .• ~II . 13 to 15 wells are required for Phase I production levels. -26 wells.:w1U be··pperated to proVlde 'a faster
. ·~ ·.. ·;~rt and excess mine capacity topro~de __ ~~duction secu~ .. o>~"~ . · .. ; ·;:: :'.<.~ :_; "· •. ~. ·-.. ·:·.
~ -~>;i.~ ~:·:·'.,.,·---1~ :;.•. ·.· . . .,
·. ~;\:~irC,~r tistics: .. ,,· ......... ~, ~ .... ,. '··•· ~---: .. ·· ""'e;; .... "" .. _ , >>_•. /r . .~:.,:: .. . . . .
plant is designed for 1 .~.C;DJ 'short toi:ts/year .of _gense soda ash. and '.1. 50.~ shor.t. tons/ye ar of
gged bulk USP grade bicarhona~''.Plant is laid o uf!:cdirSt double , then tnpl~j>resent design.papacity of 1
illion tons of soda ash 'and ~,150 thousand tc:iris o(scid ium bicarbonate.:Depo~it-·a'od upper.site .. o n .Piceance
ek is Greenfield Site! at'elevation of 6,600 _on BLM "land. Pipelines to -Parachute Plant are·A4·1ml_les long.
12" pipes , insulated>-1 J sfeed liquor to Parachute and 1 is return weak liquor.:i;o·:Pieeance .{or:foin.e water . -.. >-" . ~'?'2 · .. ',.. ·~-' ... :..:. :· • ~-, ·~-~ .... :z:-~~:::'~.\:··~ . :.: • ,_-.:: .. , ·~. ·'('>" ....:::' ;.: .. • •
return), buned approx 4ft.(top of pipe) below .~de ·and can withstand 100.hours static betorelreezmg in ·~ -"· ·~"~-:::.~.t~~--.~:.n ... ·,.: .... _ ~ ....... "t.:···;'···>:.~~ ~-·-~::,-" · · ·.:•:.~·_"".':/" .......... (.;~~-.:..,_r~·"•:,<.~~~;,._~~.L".'_~1' ... ~-:~ ~.-: .. •.
worst ground ft:o~(<::gf!?jj;i~ns. ·_36 ~!,Af-~i_ti i~~~~ placed in existing pipeline qor]i_~t~~~)"i-J:"fp~i~J:··
::~~;r;i~~~~::> _. .. 7 ':·f~;~~i~~~~ -~~~~~i;~~~~~;?~~]27tf! ";
Delivering a Crystal Clear Advaritage.
~ ,...:...._
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Wellfield:
Initial production wells at 26: once mature only 15 wells required for.,
sophisticated instrument skid which measures density, temp, press·"'
injection and production fluids. The wellfield piping is insulated an
12" and includes 2 intermediate pump houses. Wellfield circul · ·
power. Each well is monitored for. any subsidence, which is n '''
against upward solution mining by a nitrogen gas cap.
·,·•
Piceance Processing Plant: · :::·::;;;;;o<Olf~"\::;;f~c:fl'-'''" . • •... •· .•. .. ·:•.u:·:.·.•·f'•"•'h
Converts sodium bicarbonate solution to soda ash solutiorj"@l"ji:jE)pifil~ and ~mpresses.C()2•'f€J:he
rocess includes C02 stripper units and falling film eitapo~ktlji!ffuncen~teiS soda ash 'sollltic)K FFE is
bwered by two BCXXJ HP compressors, and two 375J)si~'~iJ11ers;•pr0du~i1192CX),CXXl lbs:~arnlier
ur per boiler, manufactured by Foster-Wheeler and use:na:tiJral gas.U1:1l!q1\is'.pumped at~pp('9ic"27%
oda ash by weight to lower plant at Parachute; ·C()gJs.'@'§'¥d from i;>i.9:il:Jg~:Wlflarach#;~yveakliquor
and strong liquor tanks are approx 4mm gals eacti'atPiceance for .pipeline"l'eceiVirig and pipeline 'feed
res~:::~· < :~:~:if._1'.li/ . f:t::z.:j}~J~~~~~~~; • ~.: .. gf~;.Jt
Upper Site Team is composed of thirtfj"lin~ ir1dividuals. We f:ial!i;i~ljab)fech"and EngineenrigTech
Tech. Services, one Admin Assistant andahindividuaLinthe\&~ij!tio~~e;~{fr:?m the8llsirie$spept) .
present twelve people make up the Maintenance Dept; the:f>1airit.¢i1af1ce.ptjper)iisor, sili'~y"$·•}\.:
echanics, two l/E Techs, two Utility Techs',and one DCSJ:e~h2:!Qie'..Operatip6sOept comii$tS•ilftiNenty-
hree individuals, a Manager, an Engineer, a General SuperY;~Cir;·:~nd ttieif:eh1ainipg make Jpfciur·'Cf'E!Ws,
ach containing: a Shift Supervisor, a i:;ontrol Room Dp(,lratbr/a WellfieldOperator' a Plant'Operator, and
Rover. Every employee is salaried.(either exempt orno~empt). All emplqye~interview~hsively
fore being hired. All employees enjoy the same beriefitS,ipolicies and proqedures. The plaht·Sil;es and
hicles are smoke free.Jhe Workforce is not rE!preSE!flted by a union~ Prc)ductivity is the higlle-~i{in the
dustry -tons/ employee/month is about 600 to~f>pase I. All employe85iiitl;l13:()perating depai'tji1ent
ust progress thru American Soda University iri Orc!er to progress, over2E)rlaYs training in"fi~r.tJ /
onths and over 20 day5 training per year ongoing: Knowledge training iri';ptierJ'.li~y. mathii<~lectltcity,
·etc. Skills training in pumps; valves, instr1J111i;iptation, ·etc. Job training in ~c~;~p~jfjq;p~f!;.Qf.~~t'j:>rbcess.
All jobs are pay for,is!<ill;~~i.e.<everyone .C8nPf09ress based on skill, not bafle.,g'.b)i~:§~l"liiAft;Yl:li!c:!].lqsition
availability. ,:.y,~iJl~~~~~~j~~c' · .• ·. J;Jj;~i~~[;i~c?r< .. ~'i~~Jf~i~S1f~~f;'t
Delivering a Crystal Clear Advantage.
~-,JL
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systems operate under SAP, including general ledger,,:"*'
warehouse, plant maintenance and sales and distribution. OC:S,
Rosemont, state of the art Delta V System. Includes Foundatlo/
controls each plant and has real time information on each rjiSi)t
·0~~~11~,.~:· •. ::~~-
Highly automated including; IC (Ion chromatograph) checks :fclr'.'Sal£;~$1:"ttrimeter is fully autom
concentration, UV photometer checks iron. We do periodic;plantand well samples.
ironmental: ci:p~~~f;11~fr'" >~-~-. ;; .··.;·
liquid or solid discharge from mining operation. One ,ef~i-fabefunoffpond tc:i iJOllect, test ahd~lease rain
water. All equipment electrical or natural gas driven~no:coal. Groundwat8f';ITlonitoring i§'{rlOl;;t
extensive in the industry. Piceance GreenfieldSite..is'painted JuniperGreen:;?Funding rajltorstudy
~;~,::~re~. °"''~~~~¥~'t™'~~~~i~i i lubrica_tion, preventiye ~aintenance C_P.M),.VI_._ "bration m!lnito·. n_·_n_, g. __ ;_"_·P __ 1l'l ___ n_,_.oj_n __ g_· _ & ____ '•_s_ c_._h ___ e_duling,J!1 __ .. _rra ___ :_ red-·_._-_.· ______ • . .. detection, ultra sonic thickness program/etc: All maintenance posrtlons·arecpayforskillwith·skills ~;+ ~"!~-;:',~"::::;..:'~!"· '. ''7f'(\;f::,'~i ,. '
. ' {'{h'.~~ • • g~ Nahcolite Production Wells -_-._
imary Stage Steam Stripper
Secondary Stage Steam Stripper
Falling Film Evaporator
C02 Recovery System . •
ntra Plant Pipeline andf>ui:nps
Delivering a Crystal Clear Adva
~~i
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·t·,".;,-.. ~:
SAFE11.
CHILDREN UNDER 14 MA)'.ND~~j'.'.i:~NH ro'U~~! ... , . v'·"~~ .• " ..
-._-':;}'-;;,~fa'!·;;;;t:'1:$:~'$~~'.>:::c: -· ·: ~::; ~~~~_::<r:.::;,,~;'5;{.S'.;:,~;-: ." : . _.:'_ ,: ::p:·'.~~-iJ:{3~~_s:.1£*'<·':
HARD HATS, SAFETY GLASSES AND EAR. Pf:l:OJEGflON IS AEQf..JIRED AND Wli1.'fBE;
PROVIDED FOR YOU. PLEASE TURN IN YOUR SAFETlfiEQUIPMENTW\78EN YOUFf[ojjf:l;{3u1DE INSTRUcr9~qM"f"O. · .· /;i·~tif~~~J~' ·. ~:ti~-:~:::'
DURING AN EMERGENCY YOUR TOUR GUIDES WILL DIRECTcYOU:[OIT'HE NEARE8Jl.EXIT.
PLEASE FOLLOW THEIR INSTRUCTIONS. 8TAY TOGETHEA.·.WV~~~O NOT·.AONf~ND
NO PHOTOGRAPHY IS ALLOWED. PLEASE LEAVEYOUR CAMERASIN YOURVEffJCLE.
rystal Clear Adva'n'tag'e.
,; --
Delivering a
Sent ,By: Am7rican Soda; 970 285 6393; Jul-14-03 1o:36; Page 1 /7
A AMERICAN .811 SODA, LLP
Delivering a Crystal Clear-Advantage
LEG119.03
FAX COVER SHEET
Date: 7/14/03
To: Don K. DeFord, Esq.
Phone:
County Attorney for Garfield County
Glenwood Springs, CO 81623
970.945.9150
Fax: 970. 384. 5005
From: Christopher L. Coyle
Phone:
General Counsel to American Soda, LLP
970-285-0437
Fax: 970-285-6393
Pages: 7
Don:
Attached is a copy of the Order of the Garfield County District Court
admitting the American Soda real property to the Perchute/Battlement
Mesa Park & Recreation District. As you can see. this Order was entered
was signed by Jugde Ossola on June 30, 2003. American Soda has paid the
Park & Rae District $72, 748 on June 30, 2003 which discharges its
obligation to the District pursuant to its previous agreement with the
District.
On another topic. you should be advised that Williams has committed to me
the personal property taxes owing on the American Soda projeGt will be paid
on or before August 31, 2003 if Williams still owns the equitable interest in
Sent By: American Soda; 970 285 6393; Jul-14-03 10:36;
the project an that date. I would presume that if there is a sale of the
equitable interest before that date, the taxes will be paid subsequent to
closing.
2
Page 2/7
Sent By: American Soda; 970 285 6393; Jul-14-03 10:36; Page 3/7
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-----·-~---·. I..) .! ~ COMDJNED COURTS, GARFIELD COUNTY, c; • .::r•·
f.11 ......... ....=:--. -... .-.-
COLORADO :... ... ,.,:..:y
Court Address: l 09 • 8.., Street, Suite 104
Olenwood Springs, C0_ 81601
IN RB THE ORGANIZATION OF
PARACHUTEIBAT'I'LBMENT MESA l>ARK AND
RECREATION DISTRICT
"' COURT USE ONLY ...
Attorney: Case Number. 84 CV 61
Ma.rlt N. Williams, P .C.
3:26 Main Street, SI.Lite I 03
Orand Junction, Colorado 81501
Phone Number: (970) 242-2111
Fax Number: (970) 242-8466 Div.: Ctrm:
Atty. Reg.#: 10753
OIU>ER
This matter coming for consideration by the Coun aod the Court, having been advised of the
premises, h&ving reviewed the Motion and exhibits and otherwise having been advised of the
premises, DOTH ORDER tba! the property described ill Sehedwe A attached to this ORDER is
hereby included within the Parachute/Battlement Mesa Park & Recreation District.
BytheCoun
ORIGINAL
1LL 1J a 200:~
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Sent By: American Soda;
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970 285 6393; Jul-14-03 10:37; Page 4/7
S. e. 1aad rel!e=•d. t:cS Lil ~lH C:...l.t:mu; 1lt -=ovui'c11i' ths land in th• .St:aee o1!
~de. C~t:'J' of GarUeld , clercr:Ll:lcd aa J!ollows:
• •
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l'.U.Ot.. A:
A uacc of tand ll'it11aced in Se¢1:ions 34 lUld JS, Townahig s SollUI and
Sei:i::lcris ;i., 2 &Ad l. -r-11;.p ., lcucl!., a.U La. RAnS* H wttsc of the
$.txch Ptillc1:"al K•z-id1.m. Cutield Co\lnqr, C'olol:'Uo, bei119 111Cie
. p&Zt:LCNl~ly descrilla4 as follows:
~ at '111 SB camtt ot hid lection 31 ·
thtftce si2•sc• 10• a alerW me rut line of saic:l Stc:t10l'I 3 a ctutance
Of 2•71.1• ftft till ctia ll/t "-.t Of •aid lil"ion J:
thence Sl1°33'U" 11 along Ilia el$&•1fd1: C'lft¢U'lil\e oC Hid Sec:cian J &
dili'¢1UU!• ~ UH .tc feet co the cute: d •ll.f.d Seellion 31
Ull\Ce 110,.l.,'ll" B allllng' cJse lia-•soul:h ftllt:fftine id a&id Senion J
a tilscatic• of acss. n feec eo th• 1'11• come of said seccioti J:
c.ll•M• •ee•ia ••If• W Uoll9' c:h• 11',)nJ\ lift• oi sud sm:Cicm l • 1Sinance
of u''·~' tne t:a th• n c:oi:zui:: of Che Mi/IWl/2 01! Aid seci::icm l4.1
cunee soi •21' 57" &: a1ong i:hc eue li4e af che Wl/2Wl/2 o~ n:l.c!
hftion 34 a d£11:am:11 of 1119.%1 fcu co a point mi the so\ldl11=ly
~gl!.1:-0t•vay of c:'OWllty ROll4 iZU:
'11ence il'2.U lettC along raid •out:lul.y rl;hC•Of•ftY an UC ol I C:Ul:'Va
to chs lef1: llaYiAf a ·nd.Lus of US0.00 fHt, lit 1.M111ded angle of
1c•21• u• aiid a chord which 'be&n su•s1•21• t a disc:am:11 of ••o.J2
f•"t . '
l:!leMc: sn•o2•00• .1 al.onv Rid n!lf\c-ot-va:r a llJ.#C~• ol! 12.oa feec1
l:hanc:e 2.90.01 teec a1ollf said dghc-U•way ~ uc: d a CUZ"l8 cc die
lef:c ba'V'Ul.sr a r..stus ot u,a.SI •~. en iac:1Vl!lld ailg'le ol! u•S7'06''
and a cltori which bears S'3°D0'33• I a d:£stanc:e of H0.22 feec 10 a
poil!.t on t!ia wes't liail ot 1lliOCAt. )U'Cel 7C111
l:henCe 1101•&1•sJ• I &1olll 1aid weei: Hu a cSisc~u or Uf.02 feet: co
uie noftllwac c:adll1" ot ...W #lftel, wo lleiag a point on the
eut:-veai: caneuliAc ol 1aid hc:ion 34: .
~-SIPil1'2'· E ClOi\i laid •asc .... esc c:11111sl.iiul Gf S.c=iOll lo& •
d1a11uae d 04.00 fact to cha C:lil:ltft' of s.ction l•:
~· sn•43•st• I eo~timint aloq ta.id auc-wut cutedi.ae of
.~on Jil a lllac.t.nc:e of 2531.21 t•ei: 1:0 ch• 11/• =nwr ot said
lec:ion Jt; -·
C.•nc. sn •u•tc• " alon; the use: ltne al slid s•.:cioa l4 a di1i:uc:e
.ef l,323' • 10 l!e11t co 'Che ll./1' ¢111:111:· C:C11llllOI\ to said Stc:aiorul 34 u4 ·:as i
t.hac:s Sl&':iS' lD" E al.Olli el!.11 nor-"1 lUle ol! the SW1/4S'ofl/4' of s&!d
Sact~ozs JS a di111ance a( 1322.. 74. !eee t:o c.'ia n coxntt ot l:he
SW1/4swt/4 ot said s•c:t:ion JS1
thence .sa1•12•20• K along tile eq; line ot ene S1t1/~/4 at said
!lei:Uon ·35 a di.nanc• ot ins.oi. fut to t:!le s; comei: of the
M/1SW:J./t o~ secc:l.on IS; •
~henc• saa•1&•2s• s &lor.• :~e so~:~ line ot sa!d section 35 a ~!stanc:
ot llll. 53 fee~ c;o t!ie Sl/~ CO!':\e:-o:! said hc~i.Ol'I JS;
( c:ont:i.::iu:ei
Sent By: American Soda; 970 285 6393; Jul-14-03 10:37;
•
LEGAL DESCRiiTIClN"
cl\enc:e S87°l.S • 54" I cont:inuin51 &lang saj,cS south Une • clisc~ of
1277.76 feet: ca l:b• llW ~ez Of che 1El/4N!l./4 Of 1aJ.cl &ecc.J.oa 21
thence so7•3s· 11• w alcmg th• wescline of said ll!l./411111/4 a ducence
Of 1214. 9l fecc. 1:0 th• SW =•r Of Said !1Bl/C11Bl/4t
thence su•.a· 30• I &long ch• 1oudl line of ••ill llU./4Mll./4 a distance
Of i:ut. Oli faec r:o she II mzner ~ said n1/4lll'El/4 1
chuc• so1•a7• 32• N alon!I tl1• •••c line of said Sec:clon 2 a distaac•
~ u.c:z. 72. feec 1:11 di• n/i anu of a&J.4 S•c:cion 2:
Chence sos•:u•"" • cc.iatlmii 0 g ·~ aaJ.cl eaac limo a f!Ucwe of
133'.GI feat i:o the Sl/11 ~ ociamun = hetions 1 UIS Zr
· cheisae Sa9•cs• u• w &laai clla llKCllar1y line .of die ftJ./UB.1./4 of said
lec:1:ioa 2 a clisc1AG• of its.SS feet: co a poinc on &:be wHcufy
rJ.Q'llc•Of·way of coancy ll8ad. l2J.:11
CheAc:e J. 78. u feec along said dght•of ·way, an arc Gt a spiral c:11rre
co che left: die c:hori of whioh l:leus SU •31•31• I a cli#caa.ce of 178.12
:i:eei:z •
Chene:• i:oncin1Wl9' aloag said. dgllc•of-way lliJ..81 feet lllm9' an arc of
& ei:wiu c:u:ve co CIM! left Ila~ • radius of 1195.U fut, an
incllll!ed angle oil! i1•2:1•u•, aad a eliori w!Uc:h l:leu:t 121•os• ot• I ·a
dhtanc:e of .uo.t2 fHt: ;o • pow on Cb• a~ly lina ot die o.s.
LB. tac:. p:apuey as 1:ec:a1:ded 111 lloolc na ac Pap us af the Oadield
CCuncy Raccirda I .
~ S8ll"22•tt• tr along said ao:-.11c1y lillc • .Unanc• ot '151 • .SO •••c 1110 Che lford\tlHC caZUI:' of Hid \T .S. .t.llb. pnpucy1 .
Claeac• along the t1eatuly liAe of si&4 tr.s. Lab. Inc. p:ap•rqt" che
:foll.owing Dine cow:ses• S33"3''2l" JI a c!Utance 01 na.u hR1
Chene• s:i.s•c:z·n· ti • clLstam:a o:f ''·'2 faet:
Chence s21•3s•a9• 11 a~ of as.a:i. feei::
, , t:bmu:• soa•Jlf•so· a a tilUllC• of sa.:i.7 reac.:
' tkmu:e 111·•s,•a4• I a dilC&11Ce O! 1$ .IC' Ceec:
clM!tc• Sta•sc•s•• 1 a d.1s1:&11ea: of c2.n c11mc1
c:heaca S'78'12't2° I a cl1stalla of U.fl fest::
t:henc:e &80•31•...i• I & di.tune• Of l3.t2 fHt:J
C!lenc1 523•3.i.•02•. 8 a cli.suac1 of 1'2.11 f11c c.o a poi.Ai; on tll• aouch
line of 1aii! Secticm 21
t;hanee 1111a•20 • u • w &lOllf 1lli.d aoue!I Uae a disc.enc a of uu. " h•t
;o di• 1:1./H corna:c betWICl SectJ.oas i aacl. 21 .
;benc:e 1111•20•21• 11 along said 1Qlltll Une a diRaiu::• of l:l:lf.03 Cece.
co t:he S1/ 'l co:na of 1a:l.d Secticm 21 .
chance S85'30' sa• ti c:onl:imdni alonsr said scueh line a cli&ta.aca at
2'5G' .1.3 feet c.a the SW camel:' of 1aid Section :z, t:he poinc 'of
be~i.Minq. .
BXCS:PT the :igh:-of-way fo:: coum:.y Ro;&d #219 as recorcled in acok '57
(Cencinuedl
Page 5/7
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Sent By: American Soda; 970 285 6393; Jul-14-03 10:38; Page 6/7
'\ ··i. • :."" .
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., ••re 419, 1aa1c csa '' ••s• 1,2, 11crat '02 ., •as•s ti1 CJlroygh tls
ud Beak n• •~ hfH 01 WOllllb 1l ot w Ciadhld Coun~y &"•cords.
AND !XC!PT THAT DAI. PIOPER'l'Y LEGALLY DESCIUBED ON THE A'l''l'ACSED
BXBrBt'l' A,
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Sent By: American Soda; 970 285 6393; Jul-14-03 1O:38; Page 717
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E)(HIBITA:
LJCjAL pESCBIPTIQN -W8EEI l.R GULCH BANCR
lt.pan:el of laDdsitualed.Nonhcul;dyaf'lhc~Qiwny R®d #21::1 ri&hl-«'·WllY in Lots J, +and 9 at' Semon 34,
TOW111hip 6 South. Raqe 96 West of~ ~ Princip~ Meridian, Cimiidd Colllll)', Color:id.o, bc.illg more _panii:uJ.arly
~as fOllows:
Bcsimingat tbc Caiwohaid SCl:lioa 34, a bru8 c:ip properly marted, LS Ml-!060; tbc!IC4 N ss0 +2'14" W :iloagtbc
Sow:hl.ineofsai4Lol 4 (SEl/4 NWl/4) a distmce ot664.27 feet; !Mace S 01·~·00· Wa~of2l3.32 !Cct IO a
polat Oil Iba NGltbcasWly rilbl-of-way llllfd CGmuy R.oad #2 U: m= aJo.ag said rigbr4-way w foUoq &>ur
cauna: 134.80 fo::t aioag !be an: at a aoa-raagcm curve IO tbc ligbl, having a radius of 1290.;SI feet, a l:CllDal a&J&Je of
10"25'2'7" lllda clllmi wbidl bells N 62°14'43" W adisram:= of234.48 teci; dlcoce N 57"02'00" W aclis&allce of n.oa me; lll=Cll 606.49 feet alaag aa an:af acmve to !he dgbr, baWig a radius of 1450.00, aCCDllalaaglc of
2l"S7'S4" aadac:bonlwllidi bms N 45'03'03" W adi.itlnce of602.0ll.bt; tbcw:e N 33°04'06" W a dimnce of
9!3.90 fcet ca a piillt at ialaseclio11 with die SoUlbaiy bowldmy or !he Mobil Parcel as described in Book 702 ar P:lge
420 llf 111& Gdcld COllllty 1llcoals: dlmQo S $$"44 '30" E a!Gq mid Soudlcrly bouwlaly a diWIDce of 195.86 fcCI;
dlm:e S 73°9'40" E c:arttk111 fn11 aloag said SowhlSly bowldaly a cllsmace of +33.80 feet IO a poim mi Ille West line of
llid Loe 4; dlarce N 010Z8' 1 T' E aklDg said West 1iuc, also tiemg dill .East liile of mid Mobil P:utcl a dlsllillCC of
437.lS .&et ID dlltNonllWCSI comcrof saidLot4; thml:e S 18°41'S9"Ealmgdic Nonberly line of saidLoH a
distance ot 1341.10 r=t to die NOl!llalz comer ot said Lot 4; ~ S 02"03 '33" W aloog Ille East lillc of said Lot -' a
disr111ee ol 1331,,3 feel to Ille Poilll ot Beclnaing. contlining 45.28 :iaes more or less.
All bc:llliDgs Q)Jllaillcd IM:reill iR buecl on lhc TJNOCAL Modiflcd Cotonido Swe PW>e Cooniin.ms, bavill8 a ~
bum orN J8°46'2S' w between u.s.o.s. sllliioas"HUlU..BtJll.T" llld "SAVE" . ...
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Sent By: American Soda; 970 285 6393; Jun-20-03 10:37;
A AMERICAN .DIJ SODA, LLP
Dlillverlng a Crystal Claar Advantage
Date:
To:
Phone:
Fax:
From:
Phone:
Fax:
Pages:
Don:
LEG110.03.
FAX COVER SHEET
6/20/03
Don K. DeFord, Esq.
County Attorney for Garfield County
Gl.enwood Springs, CO 81623
970.945.9150
970.384. 5005
Christopher L. Coyle
Geheral Counsel to American Soda, LLP
970-285-0437
970-285-6393
4
Page 1
Attached is the ORDER GRANllNG PETITION OF AMERICAN SODA, LLP TO
JOIN THE PARACHUTE/BAffiEMENT MESA PARKS AND RECREATION
DISTRICT AS MODIFIED BY FIRST AMENDMENT TO PETITION OF AMERICAN
SODA, LLP TO JOIN THE PARACHUTE/BATTLEMENT MESA PARKS AND
RECREATION DISTRICT signed on June 11, 2003 by Jeck Hazelhurst,
President of the District. It is my understanding their attorney is currently
preparing pleadings to have the District Court judicially authorize the
admission of the American Soda Garfield County parcel into the District.
I'll forward a copy of the court order when I receive it.
Sent By: American Soda; 970 285 6393; Jun-20-03 10:37; Page 2/4
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ORDER GRANTING PETITION OF AMERICAN SODA, L.L.P. TO JOIN
THE PARACHUTE/BATTLEMENT MESA PARKS AND RECREATION
DISTRICT AS MODIFIED BY FIRST AMENDMENT TO PETITION OF
AMERICAN SODA, L.L.P. TO JOIN THE PARACHUTE/BATTLEMENT
MESA PARKS AND RECREATION DISTRICT
The Board of Directors of PARACHUI'EIBATILEMENT MESA PARX &
RECREATION DISTRICT (''the Board''), after timely publication of notice and other
adequate notice and otherwise being fully advised of the premises DOTH find and order as
follows:
(1) The Board recognizes that, pursuant to the Colorado Special District Act -Title
32, 'Colorado Revised Statutes, the boundaries of a special district may be altered by the •
inclusion of additional real property by petition of the fee owner of the real property capable of
being served with the facilities of the special district; and
(2) The Board received the above referenced PE II I ION and FIRST
AMENDMENT thereto from American Soda, L.L.P. to have its property included in the
PARACHUTE/BATTLEMENT MESA PARX & RECREATION DISTRICT; and
(3) The Board also received a FIRST AMENDMENT ("FIRST AMENDMENT")
TO AGREEMENT DATED DECEMBER 14, 2000 BETWEEN AMERICAN SODA, LLP
AND THE PARACHUTE/BATTLEMENT MESA PARK AND RECREATION
DISTRICT; and
(4) The Board, after reviewing the FIRST AMENDMENT agrees to same with the
understanding that the monies owed shall survive the American Soda, L.LP. property being
included in the PARACHU!i'JBATTLEMENT MESA PARK & RECREATION
DISTRICT; and
(5) The Board recognizes a public interest in including the property of American Soda,
L.L.P. in the PARACHUTE/BATTLEMENT MESA PARKS & RECREATION DISTRICT.
NOW THEREFORE, the Board Orders as follows:
Sent By: American Soda; 970 285 6393; Jun-20-03 10:38; Page 3/4
J~ -' '
ORDER
The PARACHUTEIBATrLEMENT MESA PARK & RECREATION DISTRICT,
acting by and through its Board of Directors, issues its ORDER granting the PETITION OF
AMERJCAN SODA, L.L.P. '!O JOIN THE PARACHUTEIBATrLEMENT MESA
PARKS AND RECREATION DISTRICT as modified by the FIRST AMENDMENT TO
PETITION OF AMERICAN SODA, L.L.P. TO JOIN THE PARACHUTEIBATTI.EMBNT
MESA PARKS AND RECREATION DISTRICT. The property described in Schedule A,
attached hereto, is hereby ORDERED to be included in the PARACHUTE/BATTLEMENT
MESA PARK & RECREATION DISTRICT.
Hereafter, Petitioner's propeny, identified in the attached Schedule A, shall be included
in the PARACHUTEIBATnEMENT MESA PARK & RECREATION DISTRICT and said
property shall have all the benefits and obligations of property included in
PARACHUTE/BATTLEMENT MESA PARK & RECREATION DISTRICT pursuant to the
Colorado Special District Act -Title 32, Colorado Revised Statutes.
The Board of Directors of PARACHUTE/BATTLEMENT MESA PARK &
RECREATION DISTRICli:a!so recognizes the FIRST AMENDMENT TO AGREEMENT
DATED DECEMBER 14, 20001:1ETWEEN AMERICAN SODA, LLP AND THE
PARACHUTE/BATTLEMENT MESA PARK AND RECREATION DISTRICT and
recognizes and accepts the representations of American Soda, Ll...P. that the amount of
$72,748.00 shall be an obligation based, at least in part, upon the consent of American Soda,
L.L.P. The amowit of $72, 748.00 shall be due and owing on or before June 30, 2003,
notwithstanding and irrespective of, the inclusion of the property of American Soda, L.L.P. into
the PARACHUTE/BATTLEMENT MESA PARK & RECREATION DISTRICT.
IT 1S SO ADOPTED, GRANTED AND ORDERED THIS ELEVENTH DAY OF
JUNE2003.
PARACHUTE/BATTLEMENT MESA
PARK & RECREATION DISTRICT
By tJ4 i'.'7~,f)Q J,
Jack Hazelh
President of the Board of Directors
of the District
Sent By: American Soda; 970 285 6393; Jun-20-03 10:38; Page 4/4