HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.oarfield-county.com
FLOODPLAIN DEVELOPMENT APPLICATION
GENERAL INFORMATION (Please print legibly)
➢ Name of Property Owner: Jace, LLC
> Mailing Address: 1444 Lower River Road Telephone: (
> City: Snowmass State: CO Zip Code: 81654 Cell: (
> E-mail address: FAX: ( )
➢ Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc):
Orion Energy Partners
> Mailing Address: 1675 Broadway, Suite 2000 Telephone: ( 970 )263-7800
> City: Denver State: CO Zip Code: 80202 Cell: ( )
> E-mail address: Iprescott@oaconsulting.com FAX: ( )
> Description of Request:
for a water pump. NOTE: This application is a portion of a pipeline pump house application
Floodplain development permit for a flexible intake hose
submitted by Olsson Associates on behalf of Orion Energy Partners.
> Street Address / General Location of Property: 3325 CR 335, New Castle, CO 81647
> Legal Description: See Exhibit B
➢ Assessor's Parcel Number: 2 1 8 1 - 0 5 4- 0 0- 1 5 8
> Existing Use: Ag / Rural Residential
➢ Property Size (in acres) 7.0 +-
Zone District: Rural
Last Revised 1/1/09
Water Resource Consultants, LLC Page 1 3/19/2009
RECEIVED
APR 7 2009
GARFIELD COUNTY
BUILDING & PLANNING
Floodplain Development Permit
Orion Energy Partners, LP
A I §11 erg ke
CORDILLERAN
A division of Olsson Associates
OLSSON
ASSOCIATES
OA Project No. 008-2376
April 2009
826 21 '/2 Road 1 Grand Junction, CO 81505 1 970.263.7800 1 Fax 970.263.7456
OLSSON
ASSOCIATES
March 31, 2009
CORDILLERAN
Garfield County Building and Planning Department
Attention: John Niewoehner
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Subject: Orion Energy Partners (JACE, LLC) Floodplain Development Permit
On behalf of the Orion Energy Partners, Cordilleran, a division of Olsson Associates, is hereby
submitting the subject Floodplain Development Permit application to Garfield County.
As detailed in the enclosed application, the construction of a Pipeline Pump Station not subject
to Article IX Review (Pump House) requires approval of a Floodplain Development Permit for
the placement of a removable 8" intake flex hose within the identified 100 year floodplain. The
proposed pump house is not located within the floodplain.
The standards identified in Garfield County Unified Land Use Resolution Article 7-701
(Floodplain Impact Report)have been addressed within the application and attachments
prepared by Paul C. Currier, P.E. of Water Resource Consultants, LLC.
If you have any questions regarding this submittal, please contact me at 970-263-7800.
Sincerely,
Lorne Prescott
826 21% Road TEL 970.263.7800
Grand Junction, CO 81505 FAX 970.263.7456 www.oaconsulting.com
WATER RESOURCE CONSULTANTS, LLC
IN
March 20, 2009
Loren Prescott
Cordilleran, a Division of Olsson Associates
826 21 1/2 Rd
Grand Junction, CO 81505
RE: Orion Energy Partners
Garfield County Floodplain Development Permit for:
Pump House on the Left Bank of the Colorado River
SE 1/4 SEC 5, T6S, R91W, 6TH P.M.
Via e-mail
Lorne,
As requested, I have prepared a Floodplain Development Permit for the above referenced
pump house for Orion Energy Partners. In summary, there is no calculated nor measurable
impact to the flood fringe or the floodway. Additionally, the entirety of the proposed pump
house is completely outside of the limits of the floodplain, with exception of the 8" intake hose.
The enclosed permit package includes all items of the new, Jan. 1, 2009 Garfield County
floodplain permit checklist, with exception of land owner authorization, and permit fees.
Should you have any questions, please do not hesitate to contact me.
Sincerely,
WATER RESOURCE CONSULTANTS, LLC
24753 °S
•
11 s/oN
Paul C. Currier, P.E.
PCC/pcc
Enclosure: Floodplain Development Permit, with Exhibits A -G
/ 426-1.0 Floodplain permit cover letter.doc
244 Hutton Ave., Rifle, CO 81650
PH / Fax (970) 625-5433 pcurrier@wrc-Ilc.com
I. APPLICATION SUBMITTAL REQUIREMENTS
Any use to be developed in the floodplain shall be required to obtain a Development Permit, in
accordance with the applicable regulations of:
(Applicant's responses are in bold Italics)
Section 4-104
1. Pre -Application Conference
Conducted with Olsson Associates.
Followup meeting with John Niewoehner and Paul Currier Feb. 3,
2009.
2. Application
Attached
3. Determination of Completeness
TBD
4. Evaluation by the Director
TBD
5. Decision by Director
TBD
Section 4-501 (A)
A. Administrative Review. The Administrative Review Process is set forth in
Section 4-104, Administrative Review Process and requires the following
materials.
1. Application Form and Fees
Enclosed herewith.
2. Vicinity Map (4-602 C. 2.)
See Exhibit A, Vicinity Map.
3. Site Plan (4-602 C. 3.)
See Exhibit B, Legal Description and Site Plan.
and Section 4-503 (A -F).
A. Floodplain Overlay: Site Plan.
See Exhibit B, Legal Description and Site Plan.
and Exhibit C, Floodplain and Floodway Limits.
B. Floodplain Overlay: Channel Cross -Section.
See Exhibit D, Floodplain and Floodway Channel Cross -Section. This
cross-section was generated from a 2008 field survey of the pump
site (left bank, Exhibit B) and 1982 Corps of Engineers topography
(right bank). Produced in HEC -RAS.
Water Resource Consultants, LLC
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C. Floodplain Overlay: Construction Specifications.
Since the pump house is 3.5 feet above the Base Flood Elevation
(BFE), no construction specifications are necessary for the pump
house and associated equipment.
The intake hose is an 8" diameter reinforced flexible hose with a
screened intake which is designed to be submerged.
D. Floodplain Overlay: Alteration of Water Course.
No alteration of the water course will occur. The flexible intake hose
will be placed on the surface of the ground. No excavation is needed
nor anticipated.
E. Floodplain Overlay: Floodway Analysis.
The only portion of the pump operation that will be within the
floodplain is an 8" suction hose. This hose will have a negligible,
non-measurable impact on the Base Flood Elevation. See Appendix
G, "HEC -RAS Analysis" for details.
Additionally, since the hose is flexible, it can be temporarily removed
from the Colorado River if flood flows reach or exceed the 100 -year
discharge of 41,000 cfs at New Castle as published in the Garfield
County Flood Insurance Study, Vol. 1 of 2, Jan. 3, 1986, Community
No. 080205, as amended Aug. 2, 2006.
An existing detailed hydraulic model of the river is not available
(personal correspondence with the U.S. Corps of Engineers, c. 1999).
The only available information from the Corps are floodplain maps
from a draft Flood Plain Study dated Dec. 1982. These maps are used
by Garfield County as the "Best Available Information" for much of
the Colorado River between Glenwood Springs and the Mesa -Garfield
County line.
Based on familiarity with how and why the Corps maps were
produced, personal knowledge of river morphology at the proposed
pump house site over the past 15 years, a site inspection in 2009, as
well as a review of aerial photographs from 1979 to 2004, it is my
judgment that the Colorado River at this location has remained very
stable, with virtually no stream degradation, aggradation, bank
erosion or/and channel morphology, and that the approximate
Floodplain Study conducted by the Corps in 1982 predicts Base
Flood Elevations that are accurate within perhaps 1 to 2 feet
vertically. Therefore, it is my judgment that the Corps maps provide
an adequate representation of the 100 -year or "Base Flood
Elevations."
Water Resource Consultants, LLC
Page 3 3/20/2009
As shown on Exhibit C, the proposed pump house is located
downstream of the 5496 BFE contour (NGVD 29 elevation datum)
shown on the Corps of Engineers 1982 map. Using FEMA's
methodology of interpolating between BFE lines, the BFE elevation at
the pump house is 5995.6 feet MSL (NGVD 29 elevation datum).
However, given the approximate nature of the Corps study, BFE's in
this reach should be rounded up to the nearest foot. Therefore, for
purposes of this floodplain study, the BFE at the proposed pump
house is 5496 feet (NGVD 29 elevation datum).
The site plan included in this permit application was prepared using
the NAVD 88 vertical datum. The finished floor elevation is 5503.5 ft.,
NAVD 88. Therefore, an elevation conversion must occur to have
both the site and floodplain elevations on the same datum.
To convert the NAVD 88 site datum to the NVGD 29 datum, the
National Geodetic Survey has a converter available online. Results
are as follows:
...... onv/cni-hid VER' I'CON/vert con'_'.prl
http. by we w.1
Questions concerning the VERTCON process may be mailed to NGS
Latitude: 39.55
Longitude: 107.5708333
NAVD 88 height: 5503.5 FT
Datum shift (cavo 6 minus !MVO 29)
Converted to NGVD 29 height:
3.963 feet
5499.537 feet
Thus the finished
5499.5 Ft. NGVD 29.
calculated by the
expressed in NAVD
line is highlighted
house.
floor elevation of the pump house is elevation
This is a full 3.5 feet higher than the BFE of 5496
Corps of Engineers. Conversely, the BFE,
88 datum is 5496 + 3.96' = 5500 feet. This contour
in red on Exhibit C, below the proposed pump
Thus, the entire pump house is higher than and outside of the
Water Resource Consultants, LLC
Page 4 3/20/2009
horizontal limits of the floodplain and floodway. The only portion of
the entire pumping operation that will have any contact with flowing
water in the Colorado River is the intake pipe, which is an 8" diameter
reinforced flexible hose with a trash screen on the intake. This hose
will have a negligible, non-measurable impact on the BFE, as shown
by modeling in HEC -RAS.
F. Floodplain Overlay: Floodplain Impact Report.
Section 7-701 Standards Within Floodplain Overlay. The following
standards shall apply to all land use changes within the floodplain overlay,
including division of land, subject to permit review by this Code. (See
Section 4-604)
A. Water Supply Systems. New and replacement water supply
systems within floodplain overlay areas shall be designed to
minimize or eliminate infiltration of flood waters into the systems.
Not applicable. The system is above the BFE.
B. Sanitary Sewage Systems. New and replacement sanitary
sewage systems within floodplain overlay areas shall be
designed to minimize or eliminate infiltration of flood waters into
the systems and discharges from the systems into flood waters.
On-site sanitary waste disposal systems shall belocated to avoid
impairment to them or contamination from them during flooding.
Not applicable.
C. Minimize Flood Damage. All new construction and improvements
shall be constructed by recommended methods and practices
that minimize flood damage, and using materials and utility
equipment resistant to flood damage.
The recommended application, a flexible suction hose in the
river, will minimize any potential flood damage.
D. Cumulative Effect. The cumulative effect of any proposed
development, when combined with all other existing and
anticipated development shall not increase the water surface
elevation of the base flood more than one foot at any point.
The impact of the suction hose on the BFE of the river is
negligible. There are no known or proposed actions within
1,000 feet upstream or downstream of the proposed pump
house that would have a cumulative effect of raising the
BFE more than 1.0 feet at this location.
ater Resource Consultants, LLC
Page 5 3/20/2009
E. No Danger to Public.
The pump intake will pose no danger to the general public.
The intake is too small for a person to be sucked into it, and
is too small for personal water craft to become entangled
with it during normal operation of personal boats, kayaks,
and rafts.
F. No Change in Flood -Carrying Capacity.
There will be no change in the flood -carrying capacity of the
Colorado River.
G. General Standards:
The General Standards section addresses floodproofing,
adequate use of suitable materials, and the option of obtaining
FEMA's pre -approval in the case of raising the BFE in the
floodway more than 1.0 foot.
The General Standards are met as 1) only a pump suction
hose will have any contact with flows of the river, and 2)
pump suction hoses are flood resilient.
H. Specific Standards. In all areas of special flood hazards where
base flood elevation data has been provided, the following
provisions are required:
1. Residential Construction
Not applicable.
2. Nonresidential Construction
This section of the Code requires the lowest floor to be at
or above the BFE, and all construction below the BFE to
be flood proof. The only improvements below the BFE
will be the suction hose, which is floodproof.
3. Enclosures -
The entirety of the pump house is above the BFE, and
does not require flood proofing.
4. Manufactured Homes -
Not applicable.
ater Resource Consultants, LLC
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5. Recreational Vehicles -
Not applicable.
I. Standards For Subdivision Proposals
Not applicable.
J. Floodway
No impact to the floodway will occur. No rise in the BFE
will occur.
K. Standards For Areas Of Shallow Flooding
Not applicable.
All applications for a Floodplain Development Permit under this Regulation shall be reviewed by
the Floodplain Administrator.
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 three (3) copies of the completed application form and all required
submittal materials with the application base fee of $400.00 to the Building & Planning
Department. Also include the signed "Agreement to Pay Form" with the copies. (Staff
will request additional copies once the Floodplain Development Permit Application has
been deemed technically complete).
See enclosed "Agreement to Pay Form."
2. Please submit, in narrative form, the nature and character of the proposed use in the
floodplain. Submit plans and supporting information (i.e. letters from responsible
agencies).
See Exhibit E, Project Narrative
3. Submit a vicinity map. An 8 '/z 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
exemption to the surrounding area for which a copy of U.S.G.S. quadrangle map may be
used.
Water Resource Consultants, LLC
See Exhibit A, Vicinity Map
Page 7 3/20/2009
4. Submit a copy of the deed and a legal description of the subject property.
See Exhibit F, Property Deed
See Exhibit B, Legal Description and Site Plan
5. Submit the Pre -Application conference summary from the pre -application conference.
See Pre -Application Conference summary.
6. 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. If the
property is owned by a corporate entity (such as an LLC, LLLP, etc.) please submit a
copy of a recorded " Statement of Authority" demonstrating that the person signing the
application has the authority to act in that capacity for the entity.
See authorization.
II. PROCEDURAL REQUIREMENTS
The following outlines the basic administrative process for an application requesting
development within the 100 -year floodplain. (This is further detailed in Section 4-203 of Article
IV.)
1. Pre -Application Conference (Section 4-103(A))
2. Application (Section 4-601(A))
3. Determination of Completeness Section 4-103(C))
4. Evaluation by Director/Staff Review (Section 4-103 (E))
5. Director Decision
6. Written Notice of Decision
III. SUBMITTAL REQUIREMENTS
In addition to the general submittal requirements above, an application for development in the
100 -year floodplain is required to contain the following information which is more fully detailed
in Section 4-503 of Article IV.
A. Site Plan. In addition to the site plan requirements set forth in Section 4-502(C)(3), the
site plan shall include the following elements. The Floodplain Administrator may require,
or the applicant may choose to submit, a more detailed version of all or part of the site
plan. (See Standards 7-701)
NOTE: Standards 7-701 are addressed previously (above).
1. Base flood boundary and water surface elevations.
Water Resource Consultants, LLC
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2. Floodway boundary.
3. Channel of the watercourse.
4. Existing and proposed topographic contours shown at vertical intervals of no
greater than 2 feet.
5. Elevation of the lowest floor, including basement and garage, of each existing
and proposed structure.
6. Proposed elevations to which structures will be flood proofed (if applicable).
7. Location, dimension and elevation of proposed landscape alterations.
8. Elevations of existing streets, water supply, and sanitation facilities.
9. Boundaries and total land area of all existing and proposed impervious
surfaces, including structures.
10. Location of existing water supply ditches, irrigation ditches and laterals.
B. Channel Cross -Section. A typical cross-section showing the following elements:
1. Channel of the watercourse.
2. Boundaries of floodplain adjoining each side of channel.
3. Area to be occupied by the proposed land use.
4. Existing and proposed base flood elevations.
C. Construction Specifications. Specifications for construction and materials of buildings,
flood proofing, filling, dredging, grading, channel improvements, storage of materials,
water supply, and sanitation facilities as applicable.
D. Alteration of Water Course. Description of the extent to which any water course will
be altered or relocated as a result of the proposed development.
E. Floodway Analysis. A floodway analysis prepared by a qualified professional engineer
shall be required for all land use proposed to be located in a Floodway, and shall meet
the following guidelines. If a detailed hydraulic floodway analysis has not been
performed, the Floodplain Administrator shall require the applicant to provide the
analysis necessary for determining the floodway boundary.
1. The Floodway Analysis shall be completed using methodology acceptable to
the Federal Emergency Management Agency (FEMA) and Colorado Water
Conservation Board:
2. The Floodplain Administrator may require a detailed hydraulic floodway
analysis based on the identical hydraulic model used to develop the current
engineering study adopted by the Board of County Commissioners, if available.
3. The hydraulic model shall be updated to reflect existing hydraulic conditions, to
determine any increase in the 100 -year water surface elevation levels that has
occurred as a result of development since the floodplain was established.
a) Alternate floodway configurations may then be analyzed based on
methods as outlined in the current U.S. Army Corps of Engineers HEC -
RAS Water Surface Profiles Users Manual and submitted to the
Water Resource Consultants, LLC
Page 9 3/20/2009
Floodplain Administrator for review and approval.
b) The analysis shall provide a determination of the cumulative effects of
the proposed development, plus the effects of development since the
original flood hazard area was established, on the base flood elevation.
c) At the Floodplain Administrator's discretion, where a regulatory fioodway
has been designated, it may not be necessary to determine the
cumulative effects of existing development.
4. Floodway boundary configurations shall be examined and approved by the
Floodplain Administrator. The following information shall be included for the
stream reach 1000 feet upstream and 1000 feet downstream from the proposed
encroachment:
a) A copy of the printout for the hydraulic computer model representing the
base flood profile run for conditions existing at the time the currently
effective floodplain was developed. The printout must include the full
input and output listing.
b) A copy of the printout from the hydraulic computer model representing
the floodway run for the proposed floodway configuration and including
developments and other hydraulic changes within the floodplain since the
currently effective floodplain was established. The printout must include
the full input and output listing with all input changes from the original
model highlighted.
c) A copy of the fioodway data table representing data for the proposed
floodway configuration.
d) A copy of the currently effective official engineering study showing the
existing floodplain and the proposed floodway configuration.
e) Certification from a Colorado Registered Professional Engineer that the
proposed floodway configuration, in combination with current floodplain
hydraulic conditions, meets FEMA and CWCB requirements when
evaluated against flood elevations established when the original
floodplain study was completed.
F. Floodplain Impact Report. An engineering report addressing the standards set forth in
Article 7, Section 7-701.
I have read the stateme s above and have provided the required attached information which is
corre accura e t he best of my knowledge.
434kAii.zi
(Signature of Property Owner) Date
Water Resource Consultants, LLC
3-24/ —o
Page 10 3/20/2009
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OLSSON
ASSOCIATES
Project Narrative:
Introduction
CORDILLERAN
EXHIBIT E
ORION ENERGY PARTNERS
Pump House
Orion Energy Partners are developing natural gas leases in Garfield County south of the
Colorado River near Garfield and Divide Creeks. The development requires water
supplies for well drilling and completion. Instead of trucking water from around the
region, Orion plans to pump Colorado River water to well pads via a separate above
ground piping system. This pipeline is not subject to Garfield County Unified Land Use
Regulations Article IX: Pipelines.
The construction of a Pipeline Pump Station not subject to Article IX Review will
minimize much of the truck traffic that would be required to transport water for Orion's
drilling and completion operations. The result of the use will be a significant reduction in
truck traffic and generation of dust.
Water Use
Orion intends to install a pumping station at the Colorado River in the SE 1/4 , SE
%, Section 5, Township 6 South, Range 91 West, 6 P.M. This pumping facility will be
connected to a water line that will travel approximately 1 mile south up "Jolley Mesa"
and provide delivery of fresh water to the Water Impoundment (submitted under a
separate Limited Impact Review application).
The drilling and completion operations consumptively use 100% of the water supply.
Over the next 5 years, Orion estimates well field operations may require approximately
320 acre-feet per year of Colorado River water. However, Orion is leasing water to
replace out of priority diversions. We estimate 180 acre-feet per year will be sufficient to
meet monthly pumping demands over the period of the call.
Estimated operation is for a total of five years. The property owner has requested the
opportunity to continue the utilizing the Pump Station to supply water for agriculture
purposes after Orion's Oil and Gas development has been completed. Should the
Property owner choose not to assume responsibility for the Pump Station, the area will
be reclaimed and returned to its original condition.
Recorded: 1 IIIM IN 11111111111111111113/4 Mill 131472 114111 All 1 E
ORF
Reception 627915 ®0 GARFIELD C
i of 2R 11.�p6•
TY
QUITCLAIM DEED
THIS DEED, tnadec this 19th day of May, 2003, between John Olson of the
l "County of P .oft and State of Colorado, grantor(s), and JACE LLC whose
legal address is ep ,ie,.i.
of the County of Garfield and State of Colorado, grantee(s),
WITNESS, that the grantor(s), for and in consideration of the sum of Ten and 00400ths DOLLARS, the receipt and
sufficiency of which is hereby acknowledged, has remised, released, sold and QUITCLAIMED, and by these presents
does remise, release, sell and QUITCLAIM unto the grantee(s), their heirs, successors and assigns forever, all the right.
title, interest, claim and demand which the grantor(s) has in and to the real property, together with improvements, if any,
situate, lying and being in the Cotmty of GARFIELD and State of Colorado, described as follows:
A parcel of land situated in Lot 10 and a portion of the Colorado River, all in Section 5, Township 6 South,
Range 91 West of the 6th Principal Meridian, lying northerly of the south line of said Section 5, westerly of the
east line of said Section 5 and soutbesaterly of the center of the Colorado River, said parcel of land Is described as
follows:
Beginning at the Southeast Corner of said Section 5; thence 00°50'00" W. 438.10 feet along the east line of said
feet t o point in he7center of s d rivW.101er; thence along the c9 feet; thence N. enter of said river S. 30°20'43" W. 332.3feet; thence N 1 feet; thence
S. 32°55'36" W. 82.48 feet; thence S. 42°41'12" W.141,32 feet; thence S. 66°43'07" W. 86.58 feet; thence S.
(XMnc5
e S.
t�r1 78°29'32" W. 136.42 feet; thence S. 89°45'29" Y. 131.08 tett toha point on he South line of said Section 5; thence
^' N. 89°18'52" E. along the South line of said Section 51324.75 feet more or less to the Southeast Corner of said
1.
'' Section 5. the point of beginning, containing 7.00 acres. more or less.
Ir. ` Along with Water Rights contained on Exhibit "A"
Recorder
ttJ also known by street and number as: 3325 County Road 335, New Castle, CO 81647
g assessor's schedule or parcel number: 8023710, 2181-054-00458
TO HAVE AND TO HOLD the same_, together with all and singular the appurtenances
ppun _ CC and whatsoever thereunto
the
belonging, or in anywise therein=appertaining, and all the estate, right,rtes his heirs ars and aof the
grantor(s), either in Iaw or equity, to the only proper use, benefit and beboof of the grantee(s) ( )
forever.
IN WITNESS WHEREOF, the grantor(s) has executed this deed on the date set forth above.
STATE OF COLORADO,
ss.
County of Garfield
The foregoing instrument was acknowledged before me thisl9th day of May, 2003 by John Olson.
Witness my band and official seal.
My commission expires: 08t06f06'
elf in Drover, Insert."City and".
Na 933. Row. 4-94 QUITCLAIM DEED
ow V./on Fe"n„000tCO Rev. 06/177S7
s _4110, "gm �► a
Notary P b'�
•
•Z': LL7
. �y. •,U a ane and Addrev of Pomo Craver Newly emoted Levi Duraiybon (5 3:-35-106,5, C.R.S.)
\L}t-kU 1 cwr QJ\ver-
Sf\C)V=\�@�S LC Dti�CCJ�I 1
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EXHIBIT F
Property Deed
Page 1 of 2
11111111111111111 ni 1\11110111 Illtll 111 Ifill 1111 Illi
2of205
2 of 2 R 11.00 D 0.00 GARFIEZ-D � >Exr-1iBIT "A"
Any�4 andoall f Grantor's interest in the water and water rights, ditch and ditch rights used
thereon, appurtenant thereto or associated therewith, including, but not limited to, 2.8
Cubic Feet of water per minute from the Moore Ditch and any and all easements and
rights of way for the same, including, but not limited to, those reserved in the Deed to
Gene R. Hilton, recorded November 1, 1974 in Book 466 at Page 29 under Reception No.
265246.
r 1 t: • ,
1: is
CASE NO. W-3413
J.R. & Jean McAllister, 3325 335 Road, New Castle, CO, 81647.
Application for water rights to McAllister Pump and Pipeline. The pump is located at a
point whence the SE corner of Sec. 5, T6S, R91 W, 6th P.M., bears South 22° 25'13" East
524.88 feet in Garfield County. Applicant requests .06 cfs absolute for irrigation with an
appropriation date of July 1, 1976 as stated as item No. 24 in Document named IN THE
DISTRICT COURT IN AND FOR WATER DIVISION NO. 5, STATE OF
COLORADO and signed by Water Clerk, Alice 1. McNary.
Seller's interest in the well identified as 13g' Il Permit Number
EXHIBIT F
Property Deed
Page 2 of 2
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APPENDIX G
HEC -RAS ANALYSIS
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GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
PAYMENT AGREEMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and
OWNER) agree as follows:
1. OWNER has submitted to COUNTY an application for
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
shall pay
by the Base Fee. If actual recorded costs exceed the initial Base Fee,
additional billings to COUNTY to reimburse the COUNTY for the processing of the
PROJECT mentioned above.e OWNER NY ofnanyelag d uses e permitt,nzon ng amendmentshall be paid s o�
the final consideration by th
subdivision plan.
Property Owner (hereinafter
PROPERTY OWNER (
AUTHORIZED REPRESENTATIVE)
Sig ture 'ate 3- z3 -zoo
Print Name /00b Iiiiar 'M
o f0.4 r 1,�eC1 i✓€'
eS
Mailing Address:
675- R0/1Q1
S4i7)L Z7
()0 go2o Z
Water Resource Consultants, LLC
Page 11 3/20/2009
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GARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 201
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.oarfield-county.com
TIPLI
PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Lorne Prescott, Cordilleran
PROJECT: Jolley
Pump Station, conveyance, impoundment
OWNER: Jace, LLC
DATE: December 29, 2oo8
Parcel Number - 218105400158
218117200086
REPRESENTATIVE: Lorne Prescott
PRACTICAL LOCATION: CR 335, just west of CR 312
TYPE OF APPLICATION: Limited Impact for Pump Station / Pipeline / water impoundment and
related Floodplain Permit (**Pump Station / Pipeline listed in 3-
501 Zone District Table is under Compressor/Pipeline/Pump
Station, however there is no compressor use associated with this
proposal)
I. GENERAL PROJECT DESCRIPTION
Applicant seeks to pump water from the Colorado delivetRie water and
doconvey
O&G related storage
aorag facility
on parcel 086. Trucks will then fill up an
Water impoundment <500,000 cubic feet.
II. REGULATORY PROVISIONS APPLICANT I5 REQUIRED TO ADDRESS (DEVELOPMENT CODE
/ COMPREHENSIVE PLAN, STATE STATUTES, ETC.)
4-105 Article 7 (standards) particularly 7-810 (industrial)
4-501.E 4-502
III. PROCESS
In summary, the process will be the following: (CONCURRENT REVIEW)
H29Impound
Floodplain
Pipeline/pump
Limited Impact Review
Permit for flood fringe
Limited Impact
►cti
2
Submit/ TC / hearing
Pumping station and
related pipeline
earfng
BOCC
Administrative
BOCC
IV.APEll CAT [RIVI W
a. Review by:
Staff for technical completeness recommendation and referral
agencies for additional technical review
b. Application Type: Limited Impact (2)1 Floodplain Permit
_ General Administrative Permit
2 Limited Impact Review (Amendment)
Major Impact Review (Amendment)
Minor Exemption (Amendment)
Major Exemption (Amendment)
Rural Land Development Option Exemption (Amendment)
Variance
X Floodplain Development Permit
Comprehensive Plan Amendment
Vacating Public Roads & Rights -of -Way
Boundary Line Adjustment
Sketch Plan (Optional)
Conservation Subdivision
Preliminary Plan (Amendment)
Final Plat (Amendment)
Corrected Final Plat
_ Combined Preliminary Pian & Final Plat
Pipeline Development Plan (Amendment)
Rezoning: Text Amendment
Rezoning: Zone District Amendment
Planned Unit Development (Amendment)
Small Temporary Employee Housing
Minor Temporary Employee Housing
c. Public Hearing(s):
c. Referral Agencies:
Army Corps of Engineers
Division of Water Resources Judy Jordan
Town of New Castle Fire District and Sheriff
Others TBD upon receipt of application
None
Planning Commission
X_ Board of County Commissioners
Board of Adjustment
(Division of Water Resources, Colorado Department of
Transportation, etc.)
Road and Bridge (road cut permit)
V. QPRIKATIO_N_REVJEWEELS,
a. Planning Review Fees:
b. Referral Agency Fees:
$ 400.00 per each Limited Impact application
$ 150.00 Floodplain Development Permit
$ None known at this time
c. Total Deposit: $ 650.00 (additional hours are billed at $TBD/hour)
Cleneral 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
ot approval, appplication to rmo al with
ne if it
meets standards of review. Case planner makes a recommendation
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 his summary does change in the tnot create aure, and nlegaluor
al
representations that may or may not be accurate
vested right.
Pre:_applieation SummaryPreparedbyi
t/ce `i L°Ic�l
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Orion Energy Partners
Garfield County
Building & Planning Department
108 8th Street, Suite #401
Glenwood Springs, CO 81601
Re: Special Use Permit Applications
* All Garfield County Well Applications
To Whom It May Concern:
This letter is to inform you that Cordilleran Compliance Services, and specifically
Lorne Prescott, is authorized to act as Agent and to sign documents on behalf Orion Energy
Partners LP when necessary for filing county permits.
It should be understood that Cordilleran is acting as Agent only in those matters stated
above and is not responsible for drilling, completion, production or compliance with
regulations.
Orion Energy Partners LP agrees to accept full responsibility for operations conducted
in order to drill, complete and produce the above-mentioned wells.
Jess Peonio
Senior Operations Engineer
1675 Broadway, Suite 2000 • Denver, Colorado 80202 U.S.A.
Phone: (303) 595-3030 • Fax: (303) 595-3043
1111 ntitafRil rtYikkALCt1v4Mi101.1 r 11111
Reception##• 781304
01/06/2009 04:24:26 PM Jean Alberioo
1 of 1 Reo Fea:$6.00 Doo Fee:0.00 GARFIELD
111
1
COUNTY CO
Statement of Authority
•
Jess Peonio as Senior Operations Engineer for Orion Energy Partners, a Delaware LP
' Corporation, is authorized to act on behalf of, and represent Orion Energy Partners in all
matters related to applications for administrative permits, and land use change permits
1 (and may execute such applications) submitted to Garfield County until such time as
Orion Energy Partners files of record statement that Jess Peonio no longer has this
authority. Orion Energy Partners acknowledges that when any such permits are issued
' by Garfield County, they may contain covenants that run with the particular lands
identified in such permits.
1
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1 SYA-r of CoLogADo
1 CouwTv of 11En1 VCs2 J
Orion Energy Partners
Name: Doug Harris
Title: Vice President — Partner
' & roaeoiN C* iaSrRu►icMr WAs Sv3$c, 18Eb 14M Jwogi ro
tiMPoft.E MCS ON sANua2Y 2009, BY bo'& /lAzalS•
1
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1dOtic
1l V commossieN &XP/R&S 0!•31- 013.
WrrN grs My H+4N4 AND SEAL.
«avComwassiao
`6-4
NorAR y Aso c.
•
Statement of Authority
Todd Kalstrom, Manager of Land — Business Development for Orion Energy Partners L.P., A Delaware LP
Corporation, is authorized to act on behalf of, and represent Orion Energy Partners in all matters related
to applications for administrative permits, and land use change permits (and may execute such
applications) submitted to Garfield County until such time as Orion Energy Partners L.P. files of record
statement that Todd Kalstrom no longer has this authority. Orion Energy Partners L.P. acknowledges
that when any such permits are issued by Garfield County, they may contain covenants that run with the
particular lands identified in such permits.
Orion Energy Partners L.P.
By : L----�
Name: Tom Dyk
Title: Vice President
State of Colorado
County of Denver
The Foregoing Instrument was subscribed and Sworn to Before Me on January 13, 2009 by Tom
Dyk.
My Commission Expires April 15, 2012.
1,j1 AAA n, •
Witness My Hand and Seal;s `f s = • ^
Et
B � ai\ X111
Notary Public
FEB -9-2009 01:26P FROM:BILL SPIRES 970 945 7200
70:13035953043 P.1
Orion Energy Partners
February 9, 2009
Kent Jolley
8332 Canyon Creek Drive
Glenwood Springs, CO 81601
'ACE LLC
P.O. Box 10147
Aspen, CO 81612
Attu: John Olson
Re: Water Pipeline Easement
DACE LLC
Richard and Mary Jolley Family, LLLP
Orion's Kokopelli Field Project
Dear Kent and John, water pipeline and
As part of the final documentation to permit Orion's pump house, P P
water retention pond that have been agreed upon as per our fully executed Water Pipeline
Easement, effective as of December 1, 2008, Garfield County is requiring that we provide
them with a signed letter from both JACE LLC and Richard and Mary Jolley Family
LLLP that you have agreed on the location of the pump house, water pipeline and water
retention pond.
Please sign below and return an original to my office via fax at 303-595-3043 or via
scanned copy mad email. Counterpart signatures will be acceptable.
Thaw for your help , this matter and please all me at 303-595-3030, ext. 114, if you
have any questions.
Sincerely,
1675 Broadway, Suite 2000 • Denver, Colorado 80202 USA -
Phone: (303) 595-3030 • Fax (303) 595-3043
Pa9e:3/3
FEB -10-2009 10:30 From:9709232977
Confirmation that the location of the pump house, water pipeline and water retention
pond have been agreed upon by DACE ILC and Richard and Mary Solley Family LLLP.
JACE LLC
mayf Jobe Olson, Manager
f %
By. Kent S. Jolley, MI:ma er
Richard and Mary Jolley Family LLLP
By: Kent S. Jolley, Geraera1 Partner
FEB -9-2009 01:27P FROM:BILL SPIRES 970 995 7200
T0:13035953043 P.2
Confizmation that the location of the pump house, water pipeline and water retention.
pond have been agreed upon by JACE LLC and Richard and Mary Jolley Family LLLP.
JACE LLC
LEGAL DESCRIPTION
BOOK 1642 PAGE 607
GARFIELD COUNTY RECORDS
A parcel of land situated in Lot 10 and a portion of the Colorado River, all in Section 5,
Township 6 South, Range 91 West of the 6th Principal Meridian, laying northerly of the
south line of said Section 5, westerly of the east line of said Section 5 and southeasterly
of the center of the Colorado River, said parcel of land is described as follows:
Beginning at the Southeast Corner of said Section 5; thence 00 Degrees 50' 00" W. 438.10
feet along the east line of said Section 5; thence N. 75 Degrees 43' 18" W. 101.89 feet;
thence N. 17 Degrees of 08' 41" W. 115.59 feet; thence N. 53 Degrees 47' 08" W. 125,95 feet
to a point in the center of said river; thence along the center of said river S. 30 Degrees 20'
43" W. 332.31 feet; thence 5. 32 Degrees 55' 36" W. 82.48 feet; thence 5. 42 Degrees 41' 12"
W. 141.32 feet; thence 5. 66 Degrees 43' 07" W. 86.58 feet; thence 5. 67 Degrees 01' 12" W.
150.49 feet; thence S. 74 Degrees 14' 08" W. 154.19 feet; thence S. 73 Degrees 58' 46' W.
149.91 feet; thence S. 78 Degrees 29' 32" W. 136.42 feet; thence S. 89 Degrees 45' 29" W.
131.08 feet to a point on the South line of said Section 5; thence N. 89 Degrees 18' 52" E.
along the South line of said Section 5 1324.75 feet more or less to the Southeast Corner of
said Section 5, the point of beginning, containing 7.00 acres, more or less.