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HomeMy WebLinkAbout2.0 BOCC Staff Report 08.13.2007Exhibits — Chevron USA SUP for a Fresh Water Pond Public Hearings (8/13/07) Exhibit Letter (A to Z) Exhibit A Proof of Mail Receipts B Proof of Publication C Garfield County Zoning Regulations of 1978, as amended (the Zoning Code) D Staff Memorandum E Application F Memo from Steve Anthony of the Garfield County Vegetation Management Dept. dated 8-2-07 G H I TYPE OF REVIEW APPLICANT LOCATION SITE INFORMATION EXISTING ZONING ADJACENT ZONING EXHIBIT .Z) BOCC 08/13/07 MLB PROJECT INFORMATION AND STAFF COMMENTS Special Use Permit for "Processing and Material Handling of Natural Resources" for a Fresh Water Pond Chevron USA, Inc The subject property is located 2.3 miles northwest of the end of CR 211 north of De Beque, in Clear Creek canyon 4311.69 acres Resource Lands (Gentle Slopes and Lower Valley Floor) RL / OS (BLM) I. DESCRIPTION OF THE PROPOSAL The Building and Planning Department received a Special Use Permit (SUP) application for "Processing and Material Handling of Natural Resource" for a Fresh Water Pond on a 4311.69 -acre property owned by Chevron USA, Inc. The site is located 2.3 miles northwest of the end of County Road 211, approximately 15 miles north northwest of De Beque. The location of the 1.6 acre Fresh Water Pond is just beyond the private gate at the end of CR 211. More specifically, the Applicant requests approval from the Board for the placement of 2.6 million gallon Fresh Water Pond. The water will be used to supply water for the drilling operations that the applicant is proposing on their property. Because of the remote location of the drilling operations and the fact that the applicant does not have industrial water rights in Clear Creek, it is necessary to haul the water to the site for storage. It is anticipated that it will take 20 to 40 truckloads a day for one to two months to fill the pond. Once the pond is full, trucks will haul water to the various drill sites on the property. The applicant may, at a future date add a pumping facility and water transmission lines to the drill sites, to cut down on the need to haul water by truck. The pond will be lined with a 60 -millimeter geosynthetic liner. The pond will be enclosed in a 6 foot chain Zink fence to prevent wildlife from being trapped in the pond. The gate will be locked when no one is present on the site. The upper portion of the pond liner will be sufficiently rough to allow the slope to be climbed by someone slipping into the pond and ropes will be provided every 50 to 100 feet to aid escape. II. SITE DESCRIPTION The proposed site that the Fresh Water Pond is to be located is situated about 2.3 miles northwest of the entrance to the applicant's property on Clear Creek. The Fresh Water Pond will be placed on Chevron Fresh Water Pond BOCC — 08/13/2007 Page 2 approximately 1.6 acres of the total 4311.69 acre parcel owned by Chevron. The area where the pond is to be located is on the valley floor of a fairly narrow valley, that has very steep walls to the plateau on top. Past use of the area has been for grazing live stock. III. ZONING & ADJACENT USES The subject property is zoned Resource Lands (Gentle Slopes and Lower Valley Floor). The type of use requested falls under the definition of "Processing and Material Handling of Natural Resources" which are contemplated as special uses in the Resource Lands (Gentle Slopes and Lower Valley Floor) zone district. IV. AUTHORITY & APPLICABILITY Pursuant to Section 9.03.04 of the Zoning Resolution, an application for a Special Use Permit shall be approved or denied by the Board of County Commissioners after holding a public hearing thereon in conformance with all provisions of the Zoning Resolution. V. REVIEW AGENCY AND OTHER COMMENTS Comments have been received from the following agencies / community groups and are integrated throughout this memorandum as applicable. 1. Town of Parachute: (See Exhibit E) 2. Colorado Department of Public Health and Environment: (See Exhibit G) 3. Garfield County Vegetation Management: (See Exhibit I) 4. Garfield County Oil and Gas Auditor: No Comments Received 5. Grand Valley Fire Protection District: No Comments Received VI. REVIEW CRITERIA FOR SPECIAL USE PERMITS (SECTION 5:03) Pursuant to Section 5.03, as listed under the Zone District Regulations, special uses shall conform to all requirements listed there under and elsewhere in the Zoning Resolution, as well as the following standards: 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. Response The fresh water pond is an unmanned facility. Therefore, there will be no need to have potable water and sanitation on the site. Although the applicant has stated that they may place a portable toilet on site. Chevron Fresh Water Pond BOCC — 08/13/2007 Page 3 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. Response The application states that once the initial construction of the pond is complete, it will take 20 to 40 truckloads of water a day for one to two months to fill the pond. After that time, the delivery of additional water and loading of water to take to the drill sites will depend on the level of activity. The road to the pond site is an existing road that meets the County's standards and the County is scheduled to make improvement to the surface this year. County Road and Bridge has not stated that there are any issues with traffic on the roads. 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 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. Response The property is located in a secluded portion of the property which is practically screened by adjacent steep topography and is located approximately 2.3 miles from the entrance to the property There should not be any impacts to adjoining property that need mitigation. At this time, no lighting is proposed, but if they do add it, it will be downward and inward. . Section 5.03.07 [Industrial Operations) Pursuant to Section 5.03.07 of the Zoning Resolution, a permit for Industrial Operations requires the submittal of an impact statement on the proposed use describing its location, scope, design and construction schedule, including an explanation of its operational characteristics. The impact statement is required to address the following: (A) Existing lawful use of water through depletion or pollution of surface run-off, stream flow or ground water. Response The facility site has been designed to insure protection of ground water and nearby streams through the development and implementation of a Storm Water Management Plan specific to the area which is contained at the rear of the application. Additionally, the pond will be lined with a 60 -millimeter geosynthetic liner to protect from direct discharge into ground water. (B) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. Once the construction is complete the vapor, dust, smoke, noise, glare or vibration, or other emanations from the pond will be minimal and will not affect any adjacent property. Chevron Fresh Water Pond BOCC — 08/13/2007 Page 4 (C) Impacts on wildlife and domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions. Response The applicant is proposing to fence the entire site to minimize conflicts with wildlife. The water in the pond is not expected to be dangerous to birds. (D) Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County. Response The application states that once the initial construction of the pond is complete, it will take 20 to 40 truckloads of water a day for one to two months to fill the pond. After that time, the delivery of additional water and loading of water to take to the drill sites will depend on the level of activity. The road to the pond site is an existing road that meets the County's standards and the County is scheduled to make improvement to the surface this year. County Road and Bridge has not stated that there are any issues with traffic on the roads. (E) That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use(s). Response The operations at the facility will not involve any abutting property. The proposed facility will not encroach upon existing setbacks or reduce current separation distances to abutting properties. Staff agrees that the existing facility is located well within required setbacks and is sufficiently separated from adjacent properties in all directions. (F) Mitigation measures proposed for all of the foregoing impacts identified and for the standards identified in Section 5.03.08 of this Resolution Special Use 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; Response The application includes a reclamation plan that would govern treatment of the site once the useful life of the facility has expired which includes: 1) Removal of the synthetic liner.; 2) Restoration and re -contouring of grade to approximate original conditions; Chevron Fresh Water Pond BOCC — 08/13/2007 Page 5 3) Revegetation of the site with native grasses. No security has been proposed to guarantee the reclamation. (8) 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; Response In the past, the Board has required, as a condition of approval that "A sufficient monetary security, determined by the Board of County Commissioners, to ensure rehabilitation of the site once operation has ceased shall be provided by the Applicant." No bond has been proposed. Section 5.03.08 (Industrial Performance Standards' Pursuant to section 5.03.08 of the Zoning Resolution, all Industrial Operations in the County shall comply with applicable County, State, and Federal regulations regulating water, air and noise pollution and shall not be conducted in a manner constituting a public nuisance or hazard. Operations shall be conducted in such a manner as to minimize heat, dust, smoke, vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the property in which such uses are located, in accord with the following standards: (1) Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. (2) Vibration generated: 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. (3) Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards. (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 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. (5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas: (A) Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state and local fire Chevron Fresh Water Pond BOCC — 08/13/2007 Page 6 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 such facilities from adjacent property; (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; (D) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the following standards: 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. (E) Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. (F) Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. (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. Staff Response Should the Board approve the request for the fresh water pond, Staff suggests the industrial performance standards be considered conditions of approval as they are specifically intended to ensure that any industrial use such as the proposed Compressor function in accordance with the proper best management practices and within the parameters of the State Statutes. Section 9.0a05 !Periodic Review of SUPT Pursuant to section 9.03.05 of the Zoning Resolution: Any Special Use Permits may be made subject to a periodic review not less than every six (6) Chevron Fresh Water Pond BOCC — 08/13/2007 Page 7 months if required by the County Commissioners. The purpose of such review shall be to determine compliance or noncompliance with any performance requirements associated with the granting of the Special Use Permit. The County Commissioners shall indicate that such a review is required and shall establish the time periods at the time of issuance of a Special Use Permit. Such review shall be conducted in such manner and by such persons as the County Commissioners deem appropriate to make the review effective and meaningful. Upon the completion of each review, the Commissioners may determine that the permit operations are in compliance and continue the permit, or determine the operations are not in compliance and either suspend the permit or require the permittee to bring the operation into compliance by a certain specified date. Such periodic review shall be limited to those performance requirements and conditions imposed at the time of the original issuance of the Special Use Permit. Response: No periodic review is suggested. VII. RECOMMENDED FINDINGS 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. VIII. STAFF RECOMMENDATION Due to 1) the limited nature of potential impacts to surrounding properties, 2) the remote location of the property such that it is situated at the end of a dead-end county road which is used primarily for industrial traffic serving the existing industrial uses in the area with very limited general population traffic, 3) and the fact that the site itself will be situated in an industrial area already characterized by intense industrial activity from the gas drilling activities. Staff recommends the Board approve the request for a Special Use Permit for Processing and Material Handling of Natural Resources for a Fresh Water Pond with the following 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 of approval 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. Chevron Fresh Water Pond BOCC — 08/13/2007 Page 8 3. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. 4. Vibration generated: the 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 us- . ated. 5. Emissions of smoke and particulate matter:& Com. - . -. all be so operated so as to comply with all Federal, State and County air qua 'at t s regulations and standards. 6. Emission of heat, glare, radiation and fumes: tr. Compre hall be so operated that it does not emit heat, glare, radiation or fumes whic': - sally 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. 7. Any lighting of the area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. 8. 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 t e acilities may begin. 9. aid 7Q21/tiles-reit / 0,67201/%r 5 of air-a'd - IX. RECOMMENDED MOTION "I move to approve a Special Use Permit for a Fresh Water Pond for Chevon USA, Inc with the conditions provided by Staff." / 6 , 71/2 -5 -Wee_ ite 0 -(-5-E>b 71-1-07-) 1 EXHIBIT MEMORANDUM To: Maris Bean From: Steve Anthony Re: Comments on the Chevron PBNGDP-Fresh Water Pond Date: August 2, 2007 Thanks for the opportunity to comment on this project. My comments are as follows: Weed Management • The applicant states that there will be a weed survey done in the spring of 2007 to follow-up the November 2006 survey, has this been done? • Before leaving the site, all off road major construction equipment (graders, dozers, etc) working in areas of mapped noxious weeds should be power washed at a designated washing station to remove seeds, soil, and vegetative matter. Reclamation • It is requested that the applicant provide a quantification of the surface area to be disturbed and subsequently reseeded. Once this figure is established, a revegetation security will be recommended. The applicant shall provide the Vegetation Management Department with the original tags from each seed bag. The seed mix in the Plan shall match the seed mix used in the field. Do not use a seed mix containing yellow sweet clover (Melilotus offcinalis) or annual yellow sweetclover (M. indicus). The amount of seed specified to be planted in the Plan shall match the quantity of seed used in the field. • The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards in the Garfield County Weed Management Plan. It is the responsibility of the applicant to contact the County, upon successful revegetation establishment, to request an inspection for security release consideration. • Straw and hay bales -All bales used shall be certified as weed free. Mosquito Management • This project has the potential to create additional mosquito habitat in the County. Staff requests that the applicant shall provide a Mosquito Management Plan that will address how they intend to monitor and manage this site for mosquitoes. PUBLIC NOTICE TAKE NOTICE that Chevron USA, Inc. has applied to the Board of County Commissioners, Garfield County, State of Colorado, to request a Special Use Permit, pursuant to Sections 5.00, 5.03.07 and 5.03.08 of the Garfield County Zoning Resolution of 1978, as amended, in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: see attached Practical Description: The property is located at the end of County Roads 211, north ofDeBeque. Request Description: The special use permit would allow for the construction and operation of a Fresh Water Pond near the entrance to the applicant's property. All persons affected by the proposed special use are invited to appear and state their views, protests or support. If you can not appear personally at such hearing, then you are urged to state your views by letter, as the Board of County Commissioners will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny the request for the special use. The application may be reviewed at the office of the Building and Planning Department located at 108 8th Street, Suite 401, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. The public hearing on the application has been set for the 13th day of August, 2007, at 1:15 p.m., in the County Commissioners Chambers, Garfield County Plaza Building, 108 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County 728 ME 31 T6S-R9BW Garfield County, CO Section 11: Buck Canyon No. 5 placer claim comprising Tract 49, described in Deed Recorded in Book 240, page 193 of County Records of Garifeld County, Colorado, as it may lie in the N/2N/2; Buck Canyon No. 6 placer claim comprising Tract 50, described in Deed Recorded 'n Book 240, page 193 of County Records of Garifeld County, Coloraoo, and lying in the S/2N/2N/2 and S/2N/2; Buck Canyon No. 11 placer claim comprising Tract 56, described in Deed Recorded in Book 240, page 193 of County Records of Garifeld County, Colorado, as it may lie in the N/2N/2: Buck Canyon No. 12 placer claim comprising Tract 57, described in Deed Recorded in Book 240, page 193 of County Records of Garifeld County, Colorado, and lying in the S/2N/2N/2 and S/2N/2. Section 12: Buck Canyon No. 11 placer claim comprising Tract 56, described in Deed Recorded in Book 240, page 193 of County Records of Garifeld County, Colorado, as it may lie in the N/2N/2. Buck Canyon No. 12 placer claim comprising Tract 57, described in Deed Recorded in Book 240, page 193 of County Records of Garifeld County, Colorado, as it may lie in the N/2; Section 14: Tract No. 68, formerly described as the SW/4NW/4, in Deed Recorded Bock 257, page 449 of County Records of Garfield County, Colorado, and any part lying in the S/2M4/4NW,4. Section 15: Tract No. 68, formerly described as the SE/4NW/4 and S/2NE/4, in Deed Recorded Book 257, page 449 of County Records of Garfield County, Colorado, and any part lying in the N/2NE/4, S/2N/2NE/4, and S/2NE/4NW/4; W/2NW/4, NW/4SW/4 and NE/tSW/4, aka parts of Tracts 72, 73, 75, and that part of Tract 77-C as it covers any part of the W/2W/2 NW/45W/4. Section 16: NE/4NE/4 and SE/4NE/4; aka part of Tracts 72 and 44. Section 33: SE/4SE/4 (now Tract 110). T75-R97W Section 19: SE/4SW/4 and W/2SW/4SE/4, aka Tract 61; and SW/45E/4 and W/2SE/4SE/4, aka Tract 52; and any part of Tract 50 lying in the S/25/2S/2SW/4SW/4. Section 30: W/2 comprising Tract 50 being the 37.19 acres being the NW/471W/4, and that part of Tract 51 covering the E/2NW/4 and SW/4NW/4; and Tract 55 being the 37.48 acres being the NW/45W/4; and Tract 56 being the 117.63 acres covering the E/2SW/4 and SW/45W/4 less Lots 8 and 9; and also Lot 8 being the 1.34 acres in the S/2S/2S/2SW/4; and Lot 9 being the 1.70 acres it the S/2S/2S/2SW/4; Also the W/2NE/4 comprising Tract 52. Section 31: Tract 57 comprising Lots 2, 3 and 4 and the SE/4SW/4, and containing 153.14 acres, and as it may include any part of the W/2SW/45E/4. Section 32: NW/4, N/2NE/4, SW/4NE/4, NE/4SW/4 and Lots 4, 5 and 6, with Lot 4 aka 41.14 acres being the SE/4SW/4, Lot 5 aka 40.23 acres being the SW/45E/4 and Lot 6 aka the 40.00 acres being the SE/4SE/4. Section 33: N/2NW/4 and Lot 3; with Lot 3 aka 40.00 acres being the SW/4SW/4. T75-R98W Section 3: SE/4SW/4; SW/4NW/4; and W/2SW/4. -12- T75-R9EW Section 4: BP^V Garfiel E/2SE/4; Lot 1; SE/4NE/4; and all that part of Lot 2 SW/4NE/4 lying on the easterly side of the center of Roan Creek, cortaining 115 acres more or less, with acres being the NE/4NE/4. 728 R1cE 32 d County, CO and of the the channel of Lot 1 aka 39.93 Section 10: NW/4; W/2NE/4; The west 70 acres of the SE/4; A tract of land in the SW/4, described as beginning at the center of said Section 10, said point being marked by the corner of a fence as now constructed and in use and by a stole monument now in place, from which point the section corner common to Sections 10, 11, 14 and I5, T7S-R98W of the 6th P.M., bears S. 44°35' E. 3731 feet, thence cn the N. line of the said SW/4 of Section 10, N. 89°36' W. 1485 feet to the easterly bank of Roan Creek, thence along said easterly bank of Roan Creek, S. 29°12' E. 230 feet, thence N. 81°45' E. 180 feet, thence S. 19°00' E. 560 feet, thence S. 76°50' E, 290 feet, thence S. 43°10' W. 60 feet, thence 5. 76°50' E. 70 feet, thence S. 22°45' E. 347 feet, thence 5. 63°30' E. 275 feet, thence S. 24°55' E. 168 feet, thence S. 49°55' E. 135 feet, thence S. 19°45' W. 330 feet, thence leaving the said easterly bank of Roan Creek N. 71°06' E. 257 feet, thence along the east line of said SW/4 of Section 10, N. 0°29' E. 1791 feet to the point of beginning, containing 28.91 acres, more or less; Section 11: Section 13: Section 14: Section 15: Section 23: Section 24: Section 25: Section 36: TRS-R97W Section 3: Section 4: Section 5: Section 6: The east 90 acres of the SE/4. SW/4SW/4. SW/4SW/4. N/2NW/4; S/2NW/4; SW/4; 4:/2NE/4; W/25E/4; EE/45E/4. E/2E/2; The east 882 feet of the NW/4NE/4, situated south of the County Road, containing 21.16 acres, more or less. NE/4; NE/4NW/4. NW/4; N/2SW/4; SW/4NE/4; N/25E/4; 5E/45E/4; 5/2SW/4; SW/4SE/4. NW/4; E/2SW/4; NW/4NE/4; SW/4SE/4; E/2E/2; SW/4NE/4; NW/4SE/4. N/2SE/4, SE/4SE/4 and S/2NE/4; NE/4NW/4; N/2NE/4; NE/45E/4NW/4 as described in Patent Recorded Book 577, page 918, of County Records of Garfield County, Colorado; N/2NE/4SW/4SE/4 as described in Patent Recorded Book 577, page 918, of County Records of Garfield County, Colorado. SW/4SW/4 SW/4NW/4; N/25W/4; SE/4SW/4 and the 5/2SE/4; and Lot 4 aka the 39.65 acres being the NW/4NW/4. SE/4NE/4; Lot 1 aka the 39.53 acres being the NE/4NE/4. Lots 3, 4 and 5; SE/4NW/4; N/2SW/4 aka the NE/4SW/4 and Lot 6 being the 38.59 acres being the NW/4SW/4; SE/4SW/4; SW/4SE/4; with Lot 3 aka the 39.62 acres being the NE/4NW/4 and Lot 4 aka tte 37.77 acres being the NW/4NW/4 and Lot 5 aka the 39.25 acres being the SW/4NW/4; -13- T8S-R97W Section 6: Lots 12 and 14 containing 4.10 recorded Book 577 page 919 in Colorado. Section 7: NE/4; NE/4NW/4; SE/4; E/2SW/4; acres being the NW/4SW/4 and SW/4SW/4. NE/4 and E/2NW/4. W/2NW/4. That part of W/2NW/4 lying in Garfield County, Colorado. NE/4NE/4 lying in Garfield County; That part of SE/4NE/4 and W/2NE/4 lying in Garfield County. Section 9: Section 10: Section 17: Section 18: e" 728 P:4E 33 Garfield County, Co acres, as described in Patent County Records of Garfield County, Lots 3 and 4, with Lot 3 aka 58.92 Lot 4 aka 38.84 acres being the TBS-R98W Section 12: SE/4. End of EXHIBIT "B" -14- f Street Address / General Location of Property: Section 36, Township 5 South, Range 98 West, 6'h Principal Meridian Legal Description: That portion of Tract 103 situated in the SWI/4 NW 1 /4 of Section 36, Township 5 South, Range 98 West of the 6th Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows: Existing Use & Size of Property in acres: The footprint of the Fresh -Water Pond area is about 1.6 acres. It is located in Tract 103 of a 4311.69 acre parcel (No. 213732100008), which is currently zoned as grazing / agricultural land (Ref: Garfield County Account Number - R290520; Parcel Number -213732100008) Zone District: Resource Lands Name of Property Owner (Applicant): Chevron USA, Inc. C/O Chevron Texaco Property Tax P.O. Box 285 Houston, TX 77001 Name of Owner's Representative, if any (Attorney, Planner, etc.) Sally Cuffin, Washington Group International, Denver, Colorado