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HomeMy WebLinkAbout2.0 BOCC Staff Report 2.12.07Exhibits (2112107) Exhibit Letter (Ato Zl Exhibit A Proof of Mail Receipts B Proof of Publication C Garfield County Zoning Resolution of 1978, as amended (the Zoning Code) D Staff Memorandum E Application F Memo from the County Road and Bridee Department dated 1019106 G Memo from the County Vesetation Manasement. Steve Anthony dated 10126106 New Exhibits Since December 1, 2006 Public Hearing H Letter of Authorization dated December 27,2006 I Surface Use Agreement dated December 27,2006 J Revegetation Plan K Storm Water Site Plan dated December 12,2006 L Email from Steve Anthony of Garfield County Vegetation Management dated U30107 ADJACENT ZONING OS (BLM) (OPen Space) TYPE OF REVIEW APPLICANT LOCATION SITE INFORMATION EXISTING ZONING PROJECT INFORMATION AND STAFF COMMENTS Special Use Permit for Gathering FacilitY" on an Gas Well Pad. BOCC 2ll2l07 DP *Satellite Water Existing Natural EnCana Oil & Gas USA,Inc The subject property is located- four miles .o"tt, of"the iity of nine and 1'75 miles west of Garflreld CountY Road 319' Approximately 3 acres (To be reduced to 0'8 acres) Agricultural / Residential / Rural Density (ARRD) Satellite Water Gathering Facility BOCC - 2/12/07 _ paK_Z I. DESCRIPTION OT THE PROPOSAL The Building and Planning Department received a Special Use Permit (SUP) application for "Processing and Material Handling ofNatural Resource" for a Satellite Water Gathering Facility on property owned by Juan Suarez and operated by Encana Oil & Gas USA, Inc located on a 3 acre surface lease area four miles south of the City of Rifle and 1.75 miles west of Garfield County Road 319. The proposed facility will be installed in the Grass Mesa area on the existing M34 well pad in Section 34, Township 6 South, and Range 93 West. This application had previously appeared before the Board on Decemb er 4,2006,but was dismissed for technical reasons. More specifically, the Applicant had not provided a letter authorizing EnCana Oil and Gas to pursue this application. Since December 4, StaJf has received a signed letter of authorization as well as an updated Surface Use Agreement (See Exhibits H and I). In addition, the Applicant has modified the application in the following ways: o Downsized the surface use disturbance area from the existing 3 acres to 0.8 acres following completion of a second well on the pad which is scheduled for this year (2007);o Submitted a Reclamation Plan outlining abandonment procedures and timeframe for the site, an updated site plan, Vegetation and Noxious Weed Management Plan, and reseeding varieties; o Storm water site plan. More specifically, the Applicant, represented by Wagon Wheel Consulting, plans f6 utilize one ofthe two existing tanks as the proposed water storage tank for this project. The other existing tank will be used as a production (oiUcondensate) storage tank. There will also be a need for two additional tanks, to be installed adjacent to the existing tanks, as a result of the second well to be drilling in 2007. In summary, the Applicant is seeking approval for the conversion of one of the existing 400 barrel storage tanks to a water storage tank. Piping will be installed to carry the produced water to an existing four (a) inch steel pipeline which terminates at the Benzel Water Storage and Evaporation Facility. The piping from the storage tank to the Benzel Water Storage and Evaporation Facility will be completely gravity fed and will not require any pumps. Any hydrocarbons contained in the water will be separated at the Benzel Storage and Evaporation Facility. This unmanned facility is expected to operate seven days per week, 365 days per year. However, deliveries will be restricted to day light hours. Since this facility is unmanned, no sewer, potable water or lighting will be necessary forthis project. The Applicant has identified the following actions to take place on the existing 3 acre pad to downsize the disturbed area to the proposed 0.8 acres:o Conversion to water storage of one of the existing tanks;o lnstallation of piping to connect to the existing water hansfer pipeline; Satellile Water Gathering Facility BOCC - 2/12/07 Page 3 o Painting of tank and associated surface piping to match surrounding terrain; . Utilization of existing pad materials to construct berm around 0.8 acre site; o Installation of fence at the toe of the berm slope around the outside perimeter of the berm; o Re-contouring of all disturbed areas outside of the 0.8 acre site; o Replacement of topsoil over reclaimed area; o Reseeding of reclaimed area as per Vegetation Plan (See Exhibit B in Revegetation Packet); o Monitor vegetation growth and reseed as necessary. Associated Pipelines The Applicant proposes to construct approximately 13,367 feet of 4" steel pipeline to connect the produced water gathering facility with the Benzel #2 Disposal Facility located in Section 26, Township 65, Range 93W. The proposed pipeline would tie into an existing 7,145 foot pipeline to finish the connection between the water gathering facility on pad M34 and the Benzel #2 Disposal Facility facility. In accordance with section 9.07.02 of the ZorungResolution of 1978 as amended, since the proposed pipeline is less than 4" in diameter and less than five (5) miles in length, it is not required to obtain a Development Review Permit. .(prirg 2' v a) tlJ {' ryE,iil;slffi Satellite Water Gathering Facility BOCC - 2/12/07 Legend - County Road2000 Townships l-__l secuons RiversLakes layer N*+, S SUP - Satellite Water Gathering En0ana USA lnc. 0 600 1.200 2,400 Feet Satellite Water Gathering Facility BOCC - 2/12/07 Page 5 II. BACKGROUND Referral to Planning Commission As an oversight ton ttr".""ort staffturnover in the department, this application was inadvertently scheduled foi a public hearing before the BOCC without first getting the Board's direction on referring the appication to the Flanning Commission. At the Board's discretion, this application may still be referred to the planning Commiision for their recommendation. However, stafffeels that this application is simple, straigtit forward and in the overall best interest of the County as well as *ighto.ing land o*n .r. fo this end, Staff recommends that the Board move forward with a motion on this item during the scheduled public hearing' III. SITE DESCRIPTION The proposed site where the water gathering facilitY is proposed to be located is situated on a relativelY flat dry areajust south of Rifle. The well pad is located on approximately 3 acres (to be decreased to 0.8 acres) operated by EnCana and owned by Juan Suarez. The area where the water gathering facility is to be located is surrounded bY fairly steep decline in tll-l.-..jle elevation tothe southwest and to the north and east toward Rifle. IV. ZONING & ADJACENT USES The subject property is zoned Agricultural/Residential/Rural Density (ARRD). 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 ARRD zone district. As can be seen in the photo on the following page as well as demonstrated in the aerial photo of the area, the adjacent .rr", *" primarily singie family residential with interspersed oil and gas derrelopmerri. th. surrounding oil and gas development includes nearby gas wells as well as compressor stations. Satellite Water Gathering Facility BOCC - 2/12/07 Page 6 V. AUTHORITY & APPLICABILITY pursuant to Section 9.03.04 of the ZorungResolution, 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 ZoningResolution. RE\rIE\il AGENCY AND OTHER COMMENTS Comments have been received from the following agencies / community groups and are integrated throughout this memorandum as applicable. City of Riflet: No Response. Gffi"ld Co*tu Roud urd B.ide" D"purtn.tt: Garfield County Road and Bridge has no comments o. r"qr"rt, for this application. There is no additional utility installation within County ROW. The reduction in truck traffic will reduce impacts to the road system. (See Exhibit F). Garfield Countv Vegetation Management: As this facility is to be located on an existing well pua, "o noxious weed inventory or mapping is necessary. It is recommended that a security of $10,000 be provided for revegetation. (See Exhibit G and L) Garheld County Oil and Gas Auditor: No Response. vII. 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 thereunder and elsewhere in the TnrungResolution, as well as the following standards: aJ. 4. 1. 2. I Satellite Water Gathering Facility BOCC - 2/12/07 Page 7 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 proposed water gathering system is considered to be an unmanned facility. The operation ofthe facility requires no water or sanitation services since it is an unmanned operation. 2. Street improvements adequate to accommodate traffic volume generated by theproposed 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 the water gathering facility, once constructed, is expected to generate approximately 3 trips per day into and out of the facility. Heavy-haul trucks are expected to make 3 round-trips per week to the facility. The Garfield County Road and Bridge Department has no comments or requests for this application. The road to the M34 well pad site is an existing road and the County does not foresee a major increase in traffrc flow after the construction period and the water gathering site is online. No road improvements are necessary as a result of the water gathering facility. Overall, although Staff feels that the figures represented by the Applicant are high; Staff does believe, however, that the installation of this facility will result in fewer vehicle miles traveled on county and private roads. This is based on the fact that waste production water must otherwise be trucked down offGrass Mesa to the Benzel treatment facility. By using the water gathering facility, the waste production water can be collected in a centralized location on Grass Mesa and gravity fed the extra miles to the Benzel treatment facility and hence reduces air pollution, road impacts and congestion on CR 319. 3. Design of the proposed use is organized to minimize impact on andfrom adiacent uses of land through installation of screenfences or landscape materials on the periphery of the lot and by location of intensively utiliTed areas, access points,lighting and signs in such a manner as lo protect establis hed neigh borhood character. Response The proposed use will have relatively limited impact to surrounding properties since it is situated in a remote private location which is currently utilized for gas drilling operations. The surrounding residential properties are large with about 35 acres each. This well pad is visible but at a distance from the existing residences and the conversion of one, 400 barrel water tank will not present a substantial visible impact to the neighborhood. Further, the proposed water tank will not be visible Satellite Water Gathering Facility BOCC - 2/12/07 Page 8 from any public County roadways. While no lighting is proposed, any future lighting shall be directed inward and downward. The Applicant plans to paint all the equipment beige in order to better blend in with the surrounding environment. Section 5.03.07 [Industrial Operationsl Pursuant to Section 5.03.07 of the ZorungResolution, 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 sudace run-olJi, streamJlow or ground water. Response The proposed use is to handle only already produced water from surrounding natural gas wells. No anticipated depletion or pollution of surface run-off, stream flow or groundwater is expected. However, as the water being used at this facility will contain hydrocarbons, a spill could have dangerous consequences. The spill prevention plan that has been submitted is general and not specific to the site. Staff recommends that the applicant supply a site specific Spill Prevention Countermeasure and Control plan (SPCC) prior to the issuance of the Special Use Permit which demonstrates that the berming proposed is adequate to contain the contents of the 400 barel water containment tank. (B) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. Response The Applicant is proposing to store the produced water within an "enclosed, steel tank and will then be gravity transferred through an existing, buried, pipeline; therefore no vapor emissions are anticipated." The Applicant is proposing to follow the Grass Mesa Homeowners Association rules regarding Magnesium Chloride on the roads to mitigate dust. Since the water will be gravity fed to the Benzel Processing Facility, smoke and fumes, with the exception of the trucks dropping water offit is not expected to be an issue. Although there will be an overall reduction of vehicle traffic miles, this facility will create some noise, smoke and vibration occurring with these vehicles. However, since this traffic already exists in the area, an overall area- wide reduction in noise, smoke and vibration is expected. Satellite Water Gathering Facility BOCC - 2/12/07 The Applicant is proposing to paint the tank and associatedequipmentto blendwiththe environment which will help minimize visual impacts. No other visual or glare reducing mechanisms are proposed. (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 Since the proposed water gathering facility is to be located on an existing well pad, additional disturbance to wildlife and vegetation is expected to be minimal. It is anticipated that no additional vegetation will be disturbed as a result of this facility. tn addition, once the second well is drilled on the pad in2007, the overall disturbance size is to be reduced from the existing 3 acres to 0.8 acres. (D) Affirmatively show the impacts of truck and automobile trafric to andfrom such uses and their impacts to areils in the County. Response As stated earlier, implementing this facility will ultimately result in fewer vehicle miles on County roads. Thus, although vehicle trips to and from this particular pad will increase, the overall impact to county infrastructure will decrease since these water hauling trucks will not have to make the tip all the way down to the Benzel Water Treatment Facility. (E) That sufricient distances shall seporate such use from abutting property which might otherwke be damaged by operations of the proposed use(s). Response Since the water gathering facility is located on an existing well pad, the overall land impact will be minimal. Although the surrounding homes are within visual range of this well pad, they are at a significant distance that this added facility is not expected to impact the neighboring properties adversely. (F) Mitigation meosures proposed for all of the foregoing impacts identifted and for the standards identiJied in Section 5.03.0A of this Resolution Special Use Permits may be granted for those uses with provisions that provide adequate mitig atio n fo r t h e fo llow ing : (A) A planfor site rehabilitafion must be opproved by the County Commissionen before a permitfor conditional or special use will be issued; Satellite Water Gathering Facility BOCC - 2/12/07 Page 10 Response Since the Decemb er 4,2006 meeting, the Applicant has prepared a Reclamation Plan which includes abandonment procedures for the equipment on the well pad. Garfield County's Vegetation Management has reviewed the prepared documents and has found them to be adequate. In addition, Garheld County Vegetation Management recommends that a security of $10,000 be provided for revegetation ofa 3 acre disturbance area in 5-10 years. 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 bond release consideration. (B) The County Commissioners may require securily before a permitfor special or conditional use is issued, if required The applicant shallfurnish evidence of a bank commitment of credit, bond, certiJied check or other security deemed acceptable by the County Commissioners in the amount calculoted by the County Commissionerc to secure the execution of the site rehabilitation plan in workmanlike mt nner and in accordance with the specfrcations and construction schedule established or approved by the Coanty Commissioners. Such commitments, honds 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 suficient monetary security, determined by the Board of County Commissioners, to ensure rehabilitation of the site once operation has ceased sholl be provided by the Applicant." The Board mav wish to consider some tvpe of security intended to address proper reclamation. closure and abandonment of such facilitv. S ection 5. 0 3. 0 I II ndustrial Performance Standards I Pursuant to section 5.03.08 ofthe ZonrngResolution, 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 minimizeheat, 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: (l) Yolume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. Satullrte Water Gathering Facility BOCC - 2/12/07 Page 11 (2) Wbration generated: every use shall be so operated that the ground vibration lnherently and recurrently generated is not perceptible, without instramcnts, 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) Emissian of heag glare, radiation andfumes: 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, aircrafi warning signals, retlective painting of storage tanks, or other such operations which may be reqaired by law as safety or air pollution control measures shall be exemptedfrom this provisiott- (5) Storage area, salvage yard, sanitary landftll and mineral waste disposal ateas: (A) Storage of tlammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state and localJire codu and written tecommendations / commentsfrom the appropriate local protection district regarding compliance with the appropriate codes; (B) At the discretion of the County Commissioners, all outdoor storagefacilities may be required to be enclosed byfence, landscaping or wall adequate to conceal suchfacilities from adjacent propefi; (C) No materials or wastes shall be deposited upon a property in suchlorm or mt nner that they may be transferred ofrthe propefi by any reasonablyforeseeablc nataral causes orforcesl (D) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the following standards : 1. The minimum lot size isftve (5) acres and is not a platted subdivision. 2. The equipmcnt storage area is not placed any closer than 3hLflfrom any *isting residential dwelling. 3. All equipment storage will be enclosed in an area with screening at least eight (8) feet in height and obscuredfrom view at the same elevation or lower. Screening may include berming, landscaping, sight obscuring fencing or a combination of any of these methods. 1. Any repair and maintenance activity reqairing the use of equipment that will generate noise, odorc or glare beyond the property houndaries will be conducted wilhin a building or outdoors during the hours of I am. to 6 p.m., Mon-Fri- 5. Loading and unloading of vehicles shall be conducted on private propefi and may not be conducted on any public right-of-way. (E) Any storage areafor uses not ossociated with natural resources shall not *ceed ten (10) actes in size. (F) Any lighfing of storage area shall be pointed downward and inward to the propefi center and shaded to prevent direct reflection on adjacent prope@. Satellite Woter Gathering Facility BOCC - 2/12/07 Page 12 (6) lYater 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 operati.on of thefacilities may begin. All percolation tests or ground water resource tes/s as may be required by local or State Health Officerc must be met before operatian of thefacilities may begin. StaffResponse Sno,ila the go*d approve the request for the water gathering facility, Staffsuggests the industrial performance standards be considered conditions of approval as they are specifically intended to Lrr*" that any industrial use such as the proposed water gathering facility function in accordance with the proper best management practices and within the parameters of the State Statutes. Section 9.03.05 LPeriodic Review of SUPI Pursuant to section 9.03.05 of the ZorungResolution: Any Special llse Permits may be made subject to a periodic review not less than every six (6) months if required by the County Commissioners. The purpose of such review shall be to determine compliance ot noncompliance with any pedormance requirements associated with the granting of the Special (Jse Permil The Coungt Commissioners shall indicate that such a review is required and shall establish the time periods at the fime 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 ate in compliance and continue the permit, or determine the operations are not in compliance and eilher suspend the permit or require the permittee to bring the operation into compliance by a certain speciJied date. Such periodic review shall be timited to those performance requirements and conditions imposed at the time of the original issuance of the Special Use Permil VIII. RECOMMENDEDFINDINGS l. 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 ofthe citizens of Garfreld County. Satellite Water Gathering Facility BOCC - 2/12/07 Page 13 4. Theapplicationhasmettherequirementsof SpecialUse(Sections5:03,5:03:07,5:03.08and 9:03) the Garfreld County ZoningResolution of 1978, as amended. I)t STAFF RECOMMENDATION Due to t) the limited nature of potential impacts to surrounding properties, 2) by proceeding with this proposal there will be an overall decrease in truck traffrc on nearby public and private roadways, 3) the fact that the site itself will be situated on an existing well pad with an active gas operation, 4) and that the unmanned facility will not create any noise, vibration, dust or exhaust over and above the impacts of vehicles disposing of the produced water into the gathering tank and associated pipeline, Staffrecommends the Board approve the request for a Special Use Permit for Processing and Material Handling ofNatural Resources for a Satellite Water Gathering Facility on Grass Mesa 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. 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. That the Applicant shall comply with the fre protection provisions included in the rules and regulations of the Colorado Oil and Gas Conservation Commission (COGCC) and the Intemational Fire Code as the Code pertains to the operation of this facility. Following the drilling and completion of a second well for the EnCana M34 well pad, the applicant shall downsize the well pad from the existing 3 acres to 0.8 acres. This downsizing shall be in accordance with the Reclamation Standards in the Garfield County Weed Management Plan. Prior to the issuance of a Special Use Permit, the Applicant shall provide Garfield County with a $10,000 revegetation security for the 3 acre parcel based on a 5-10 year timeframe. The security shall be held by Garfield County until all reclamation and revegetation procedures are complete and 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 bond release consideration. 6. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. J. 4. 5. Satellite Woter Gathering Facility BOCC - 2/12/07 Page 14 7 . Vibration generated: every use shall be so operated that the ground vibrationjnherently and recurrently generated is nit perceptible, wiihout instruments, at any point of any boundary line of the property on which the use is located' g. 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' g. 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 waming signals, reflective painting of storage tanks, or other such operations which may be r.q";d by law as safety or aiipollution control measures shall be exempted from this Provision. 10. Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply *itl, th" Regulations of the Environmental Protection ngencv before operation of ttre facitities may begrn. All percolation tests or ground water resource tests as may be required by local or State Health Offrcers must be met before operation of the facilities may begin. 11. If applicable, the Applicant shall provide a copy of the appropriate bond supplied to the Coloiado oil and -Gas Conservation Commission (COGCC) intended to guarantee reclamation of the satellite water Gathering Facility site once the life ofthe satellite water Gathering Facility and Pipelines has ended prior to the issuance of a Special Use Permit' If the COGCC does not."q.ri." reclamation and revegetation bonding, the applicant shall work with County Staff to Lstablish a security appropriate to guarantee reclamation and revegetation of the Satellite Water Gathering Facility' 12. Thatall proper building permits are obtained for the structures associated with the operation of the Sateitite Water Gathering Facility prior to the issuance of a Special Use Permit' I 3. The Applicant shall submit a site specific Spill Prevention Countenneasure and Control plan (Spciiwhich will demonstrate how any rpiU"a fluids up to the maximum amount of fluids held on the site will be contained to preveni contamination of both surface and ground water prior to the issuance of a Special Use Permit' 14. Deliveries to the water storage facility shall only occur during daylight hours' RECOMMENDED MOTION Satellite Water Gathering Facility BOCC - 2/12/07 Page 15 "I move to approve a Special Use Permit for a Satellite Water Gathering Facility for EnCana Oil and Gas USA, lnc with the conditions provided by Staff." GARFIELD COUNTY Building & Planning DePartment Review AgencY Form EXHIBIT F Date Sent: October 4,2006 Comments Due: October 2612006 Name of application: Mamm Creek Satellite Water Gathering Sent to: Garfield County Road & Bridge Dept' Garfield County requests your conrment in review of this project. Please notify the planning Department in the event you are unable to respond by the deadline. This form may be usedfor your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staff contact: David Pesnichak 109 8th Sffeet, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3410 Phone: 970-945-8212 General Comments: w and the lins water will elimi of the Name of review agency: Garfield County Road and Bridee Dept By:Jake B. Mall Date October 9. 2006 to our Revised 3/30/00 EXHIBIT MEMORANDUM To: David Pesnichak From: Steve AnthonY Re: comments on the Encana SLJP for Mamm creek satetlite water Gathering Thanks for the opporhrnity to comment on this project' My comments are as follows: Noxious Weeds tnventory and mapping-Since the proposed location is within an existing pad a weed inventory is not necessary. Weed Management-The applicant has provided a weed management plan' Revegetation o It is recommended that the applicant provide a security in the amount of $10'000' This is a projected estimate of revegetation costs 5-10 years from now. This estimate is based on a surface area disturbance of3.0 acres' o The security shall be held by Garf,reld county until-v9qelation has been successfully reestablished according to ttre iectamation Standards in the Garfield county weed Management Plan' It is the responsibility of the applicant to contact the County, upon successful revegetafion establishment' to iequest an inspection for security release consideration' October 26,2006 DATI]L): ,r-'- Snarez L,I U\P Lll I']'F.R C)[' ALITI-IORlZi\']'i(tN EXHIBIT ! I I I i we. Juau'f. Srurrez arrd Kathy A. suarcz,9l9 Sanroy ljtrect. Las Vegas' NV 8')ll{} rt:; surthcc owtlcrs ol' the lands describccl beiow" itl accordance with il Sut'facc l'crrsc Agreerlclt fi'gm Juan I'. Suarez- apcl Kathy A' Suarez to EnC'ana Oil & Gas (lJSAt lnc ' hereby authorize Encana oil & Gas (LlSA) Inc. -170 17th Strect' Suite 170() [)t:nvi:r'- colorado go202to suimit an Applicatron foi Special LIse Permit t0 install' ol.rcltttt: rttr<l *raintai, n watcr storage Tank iracility ancl relatecl tacilities ott the fbllora'ilg tiesertihccl lancl in (iarficld County' Coloraclo: ]'QWNSHIP 6 SOLj'tl-t. RAN(;li 93 wESl'" 6tr'P'M. Sectiot-t 34: SW%SW% /u :/1;xt4 fr,A"-e"-'-.- KathY A. Suarez ,) ENCAI'{A" 2717 County HoarJ 215 Suiie l0O Par;rclittlr: 'jO t-,SA 9'1tl'J EXHIEIT b!: (S70) 285-2600 6r: (9701235-2X)6 !vvlN.encana.conl EnCana Oil& Gas (USA) lnc' December 27,2006 Mr. Juan T. and KathY A' Suarez 919 SamoY Street Las Vegas, NV 89110 RE: Township 6 South' Range 93 West' 6'h P'M' Section 34: SW%SW% Garfield CountY, Colorado Dear Mr. & Mrs' Suarez: The above described lancls, herein re!9r1ed to as the ..Property'', arc subject to that certain Surface Lease by ur.,.f["i*""n Juan'I'. Sq", "rra Kathy A' S.,utt' ("S"uarez") and L'nCana Oil & Gas (usA) ro". (..iliriu-,;id& J"ly 3,;06; *rr".Luv Encana was granted' among other things, the right ," irr,"i]"p"'.*" *a *uintain water storage tank facilities' Juan T' Suarez and Kathy A. Suarez, #:;;;nt that they are the current owners of the Propefty' Thisletter.whenacceptedbySuarez,*lt.uoasevidenceoftheagreementsmadebyand between Suarez ""d;;;;;orr,ti, -2f',-i;; of --0c,a-e-^ L"'--' 2006 AGREEMENT In consideratiorr tlf tlre following mutual promises, tlre reccipt arrd suffjciency of which are ir"J, ^"f.rowledged, the Parties agree as follows: l.EnCanawillpaySuarezthesumofUS55,000peryearfortheusagcoflandrequiredfor the produced water transl'er site' 2.EnCanashallreclaimtheM34Nwdrillsitedowntoaniucaofapproximately0'8acres. The reclaimcd drill site shall Ue Uerrnect using existing site mateiiits and EnCana shall install a f-ence constructed witr.I ,t""i p"sts.ar',"dthrec s11d wirc around the perimeter of the reclaimed drill site. said.""lurruiio, shall be completed in a reasonablc time pcriod followingthecompletionofdrillingopou.ion'butnqlaterthanJunel,2008. 3. suarez agrees that the anchors used tbr securing work over rigs will be left in place and located as needed outside the feuced area' i \ I I r'.r ir-I[,-ivl,r. ,!l li',(.;l',l l.L{1,":_rlrtrr i-rl]i/l lI rx'{ llrrl'i'ltr EnC+na Oil & Gas (LISA) Inc bhn I-eacock [,and Ncgotiator Letter Agreernent dated lZ-27-06 Page2 of2 Iftheabovereflcctsyourunderstandingofouragreement,pleasesoindicateirrtl,respace provided below' SincerelY, ur, *r KathY A. Suarez OWNERS .4' By, I J{+ RirC i.i\MATION \Ii AiVER To\^/'i\iSI{IP6Sol]TH.RANGE93wES.l..r.,|1,P.ld. SECTION 34. SW4SW4 1 Juan Suarez and Katl'ry Suarez lanclowners of'the above clescribed lands agree trl ;.tllorv F.uCana Oil & (ias (tJSA) Inc. during the initial l'eclanlation of M-34 NW '"vell pacl to trsc the existipg nraterial from the consttuction of the pac{ to huild a bcrm aronncl tltc proa.,.iion *rea of the pacl. Waiving that pafi Oil iurd Gas C'ouservatiou C.urt,issi.rt rLtlc # 1003 b. on i,terim reclamation requiring "All disturbed areas affected hy drilling subsequent operatioll except those reasouabl."- needed firr production opcratiotrs' slrall bc rcclaimed as early and as nearly as practical to thcir original condition" vvaiving this requircment to atliw the building of the berrns around said rvell pad. -? )2" tt -z/--z =-i /- ,i -"fiaatl ft/u-a-*" KATHY A. SUNREZ "/ ;': .)' ,--.-:-'--:: I.),A l'Il ,.\ J/ O td / Z Z? <:,-o DATTJ i 6. 7. 8. EXHIBIT J EnCana Oil & Gas (USA) Inc. will comply with the rules and regulations.set forth bv the colorado oil and Gas conservation commission (coGCC) as they pertain.to the construction, operations, maintenance, and abandonment of this type olfac-ility' More specifically C6GCC;les and regulations covered under Series 1000 (Reclamation Regulations) (see Exhibit "A")' The expected life of the M34 Satellite Water Gathering Facility will be 99ual to. the duration of EnCana oil & Gas operations in the Mamm Creek Field and in particular the Grass Mesa area. Reclamation oithe site will consist of the following: EnCana has entered into an agreement with Juan Suarez (landowner) to reduce the pad size from the current 3 acres Io*r, to O.g acres following the drilling and completion of a planned second well scheduled in 2007. The r"vised site plan is represented in "Exbfbi1- 'a;l g.rC*a plans to,rtitir" one of the two existing tanks as the proposed water storage tanks for this project. The other existing tank will be used as a production 1 (oiVcondensate) storage i".t. There wiil be a need for two additional tanks' to be installed adjacent ;de existing tanks, as a result of the second well being drilled' The Jo*riri"g of the existing pad will involve the following actions: RECLAMATION PLAN M34 SATELLITE WATER GATHERING FACILITY Conversion to water storage of one of the existing knks Installation of piping to cJnnect to the existing water transfer pipeline' i;;iltd;f t rk;d *sociated surface piping to latch strrounding terrain' Utilization of existing pad materials to construct berm around o'8 acre site Installation of fence at the toe of the berm slope around the outside perimeter of the berm. Re-contouring of all disturbed areas outside of the 0.8 acre site. Replacement of topsoil over reclaimed area' n r"Laing of reclaimed area as per Vegetation Plan (See Attachment-llQ)' o Monitor vegetation growth and reseed as necessary Abandonment Phase (Within 3 months following cessation of operations) o All tarks and above ground appurtenances to be removed and recycled within other EnCana oPerations Removal of all fencing Removal of rock and lravel materials from access road and facility site Restoration and re-coitouring of grade to approximately original condition Replacement of topsoil over disturbed site Reseedingwithcertified,weed-freeseedmixesasrecommendedin revegetation plan (!ee ExhibituBu &o'C" Comlfurr"e with aii prevaiting COGCC and Garfield County regulations and conditions governing final reclamation o a a o a prior to abandonment of the water gathering facility, E:rlana will contact the Garfield County Planning Director to arrange u.""iirrg and joinlinspection of the- site' This meeting and inspection would take place u *itti*r,tt' of 30 days prior to the abandonment and would be held so that an agleement on an acceptable abandonment plan can be reached. The Abandonment and Reclamation Plan would be developed to address the bullet points listed above: (1e, k^u, ENCANA OIL & GAS (USA INC {N i St]RFACE YrELL PAD Section 34, DISTURBA]{CE AREA ( Ms4 NW ) EXISTING TG S, R93Y[, 6tlL P. M. 1/6 Section b,o oi N U r)N'o y) @ @ /o/I trl /€/ / e'/to/o/Y,/ s74'06'01 "E/ 21.40' ?\q o =o -o Fora N87'04''16"w 69.21' -o 6i =o ia) N @rz 's3o'so'08"w 26.12' \ Boundory of Proposed Remoining Surfoce Disturbonce / r/ _N/ -f(P .<v,/-nJ ;o'qtis" &3.t" 9(.1-n', \.o ldge ot ./ Existin g Distu rb on ce BASIS OF BEARINGS NOTE: Bosis of Beorings is the l1/est line of the SW //4 of sectton 34, fOS, R?JW, 6th P.M. which is token from Globol Positioning Sote//ite observotions to beor NOO40'32"\'y o meosured distonce of 2635.77'. o combustor Rodio n /Block Tower 7\ [..[ Vorve SePorotor Woter Storoge ,Tonkszx"':" _/L)(, L-ronk uerm I nn / wett J4-IJD'.'.l*P.odr"tion t o \oSny. r""'." - ',nti'!X-,rn Surtace Distu,rbanne Area SURFACE OWIERSHIP EXISTING RECLAIMED REMAINING OMR Section 34 J.25 Acres 2.45 Acres 0.80 Acrcs TOTAL PAD DISTURBANCE 3.25 Acres 2.45 Acres 0.80 Acres fr-Sfate G,s) 7s1-2501 Land Surueying, Inc. 1Bo \oRTH wnult- aw.- vERNAL, urAH 84078 DATE SURVEYTD: 12-06-06SURVEYED BY: L.D.V. DATE DRAWN: 12-07-06DRAWN BY: F.T.N'l. REVISED: R.V.C. 12-27-06SCALE: 1" : 100' i+ N =@ _o @ n]nNz s2o'J6'07"w ProPosed 41.81' HeClolm Areo ri =o i") @ z o N =oN i,on Nz N\ N = _o o6 @ SHtE II oF 11 4 i' Drill Pad M34NW C x[., ,'b ,'l\.1o4 '/o n a Integrated vegetation and Noxious weed Management Plan Garfield County Permit Application Prepared for: EnCana Oil & Gas (USA) Inc. m west to east, December 12,2006' Prepared by: WestWater Engineering 2570 Foresight Circle #l Grand Junction, CO 81505 In coordination with: Wagon Wheel Consulting December 2006 G:-. ---:.t..l6;ffg==-..-3**JffiFF=- Drill Pad M34NW Integrated vegetation and Noxious weed Management Plan Introduction The EnCana Oil & Gas (USA) tnc. (EnCana) Drill Pad M34IIIW project site is located in Section 34, T65, R93W,6th PM (Map). A site inspection conducted by WestWater Engineering (WWE) occurred during a period of relatively mild weather on December 12,2006- The perimeter and adjoining-tanar were visually surveyed forplant communities, listed noxious weeds, and soils. As can be seen in Photo l, page l, conditions were less than ideal for the visit. Landscape Setting The site is located in a mixed sagebrush-grass meadow on Grass Mesa, an alluvial terrace between Dry Creek and Ramsey Cut"t south of Rifle, CO. Grass Mesa is bordered mostly by pinyon pine-Utah juniper woodlands on steep slopes east, west and north of the terrace. As the i.r.u"" gains elevation and steepens, vegetation changes to mountain shrublands and spruce-fir woodlaids. Mixed, introduced grasr parture has replaced much of the sagebrush-grass native vegetation community. The relaiively gentle, sloping terrace has been previously farmed but now upi".r to be largely sub-divided and partially developed into rural home sites. Operating naiural gas extraition, treatment, and transportation facilities are currently present. Soils are fine-silty Morval or Vale series deep loams. Characteristic vegetation for both soils is similar OIRCS,2006b) and both support the recommended seed mix. Amount of Infested Land Needing Treatment There are no listed noxious weeds visibly present on the Drill Pad M34NW project site as of December 12,2006. However, two listed noxious weeds, musk thistl e, Corduus nutans and bull thistle, Cirsium vulgare were observed protruding through snow nearby (Photos 2 and3). Photo 2. Musk and bullthietle, 12-12'2006.Photo 3. ilusk and bull thistle, 12-12'2006- ,l ,lfts F 1 & { I a. re' I oil & Gas (USA) !nc' Common Name*/ USDA Symbol Grasses compete well. Re-seed with aggressive grasses, cut or dig rosettes and mow bolting pl*b'hffi Till or hand grub in the rosette stage, mow at bolting or early flowering; af,pry seeA head & rosette weevils, leaf feeding beetles lltreavy infestation, cut and bag mature seed heads and/or herbicides in rosette stage. Titl or hand grub in the rosette stage, mow at bolting or early flowering; apply seed head & rosette wewils, leaf feeding beetles iltreaty infestation, cut and bag mature seed heads' Re-seed with aggressive grasses' remove at flowering or early seed, or apply herbicides at pre-bud or rosette stage' ' :l: : :l==: -*- L:^--:^t D *arar*stat' of colo*ao. zoooGrudo R*iwa statute 35-5-5, NRCS, 20!9.**B - biennial, P- perenni Industrial and residential facilities with temporary and long-term soil and vegetation removal and disturbance are visible in every direction. Potential for oiher noxious weeds is considered by WWE to be elevated due to the level of soil disturbing activities in the immediate vicinity of Drill Pad M34NW. Targeted Noxious Weeds and Control Methods Table I lists Garfield County noxious weed species which were observed (bold type) and others for which careful and watchful monitoring should be conducted seasonally and control initiated if observed (Bocc, 2006). This informaion is presented herein for facilitation of monitoring and control by EnCana field staffreceiving this report' one species found on the state of colorado "c" list at 8ccR1203-19, Bromus tectorum, downy brome or cheatgrass (BRTE), is common on pastureland, in meadows and in shrublands and woodlands. In most instances it appears .orl pr"rulent where top soil has.been disturbed or heaving grazrnghas decreased competitive abiiity of native gftlsses to dominate the plant community. Due to snow cover, chiatgrass was not observed but is expected to !e present' There are hundreds of acres of mixed ownership land within the landscape of Drill Pad M34NW infested with cheatgrass. Due to ownership and biology of cheatgrass it is not practical or recommendea by wwr for treatment to be extended to this species within the temporary disturbance area other than indirectly through re-vegetation of temporary disturbance' The following tables summarize effective treatment strategies for noxious weeds, depending upon their $6*th habits. Table 2 includes annuals and biinnials, and Table 3 shows sffategies for perennial weeds. Weeds' Tamet: Prevent Seed ProluctiPn befo.e .."d s"t. Mowing annuals Sirota,2004. Recommendations Best Management Practices. The following list of practices is recommended to enhance reclamation of the site and prevent the establishment of undesirable vegetation' o Clean equipment of all soil prior to arriving to prevent the spread of noxious weed seeds which maybe present in the soil from a previous job site' o Reduce or elimirrate temporary disturbance for the staging of equipment, supplies or materials. o Salvage and segregate topsoil then use it to reclaim unavoidable temporary soil disturbance' o Within the immediate working area, no vegetation should be allowed to become established f;ruf"ty r"uronr] WWE recoirmends newer soil sterilants, e'g' Sahara' which requires lesser amounts of active ingredient and are retained on site much better with far less chance of drift to desirable ve-getation than older products such as ureabore' Re-vegetation. tt is recommended disturbed areas be re-seeded as early as possible spring 2007 or after August l5 in late summer or early fall with the following seed mix which is formulated in consideration of soils and plant communities: ;ble 3' Tre-ment Strategies for Perennials' iutrientrelierves in ,oot syste-, p'event s*d , t- -- c-. ^*.L Allow plants to .*p"no * much enerry from root system as possible, do not treat when first emerging ln Herbicide treatment at bud to bloom stage or in the fall. In the fall plants draw ,,:i--:1']11",*-:"n"'"::** :ffii.ofiffitffi'rlift" drawn downlo tt " .ooi, iiore efficientiy at this time. If the weed patch has been present for a long period of time, another r"*on of ,""d production is not as important as getting the herbicide into the root system. spraying in the fall will kill tt " totto*ing year's shoots' which are being formed on the roots at this time. Mowing usually not recommended because the plants will flower anyway; seed production may be reduced if wed. Many studies have shown that mowing perennials and spraving th" tl{."Il'l:::t:::5:t:5ril" $?l;i}J'il,imi"-"ild. ;*";r of mowin! i. 'p""i"' a"pendent; tf,e'efo'e, it is imperative to know the species and its biologY. Application Rate Lbs PLS*/acre Common Nsme-Recommended CultivarScientific Name'No Seeds/Lb(x1000) HesperostiPa c. comata' I I 5 Pascopy'um smithii' I I 0 Poa segunda or P. canbYi'925 P seudoroegneia s. sPicatum' I 40 Seed should be applied immediately upon completion of construction or as early in spring as possible to work tf," ,oii uring u ..rlti-Uin rang; drill. If not possible in early spring' weed control should U, uppfi.a ittrJugft the spring aid summer and seeding should take place after August 15. grouoJ;ir;eJingippticaiioniate is double that of drilled or hydro-seeded application. Seed should be bioadcast onto a roughene! syrflce followed by harrowing' Re- seeding may be required if future ,,,o.,itoiing inOi"ut"t lack of adequate germination' Seeding success can be "nt un"io uy*ur"rring with ieed-free certified straw followed by crimping where seed has been broadcast. Mechanical Control Observed weeds, particularly rosettes, should be controlled when possible and practical first by mechanical means, pii*ri1v by hand grubbing, pulling or cutting with a shovel below ground level. Mature, seed-bearing plants should be cut and bagged to reduce seed spread' Control of listed species in nearby areas is recommended to reduce the risk and rate of infestation in the affected area. Chemical Spot treating may become necessary and should include areas immediately adjacent to the site on adjoining lands. chemicals typically used include synthetic auxin growth regulators (e'g',2,4D; Tordon' Banvel' and Garlon), EPSP synthase inhibitors (".g., gly.pfosate) or a mix of these' Using a mix with two or more modes of uriion ti.ason for pf*t-a.itt j is generally more effective, particularly on certain species. tn att "url., the certifiea "ppfi""*r-shall deem which chemical(s) and at what concentrationls; strail be used at the time o?'application and according to the label instructions' ,^-oaarlina Seeds/ ft.' Percent by Wcight needleandthread (de-winged)5 l9 2 westem wheatgrass-Arriba l0 38 4 big bluegrass-Sherman - C-b*5 t0 2 28 0.25 J bluebunch wheatgrass-P7 mountain big sagebrush 8 2 0.2Arte me s ia tride ntata v as eY ana- r726 Linum lewisii'293 blue flax 5 7 o.75 Pewtemon strictus-592 Rocky.Mtn.Penstemon 5 4 0.4 48 100 10.6Totals It is recommended a private contractor be engaged to conduct the weed control and monitoring, or that a company reiresentative with weed identification capabilities and pesticide application knowledge (preferably with a certified applicator's license) be assigned this function. Grazing It was not possible to determine the extent or intensity of grazing due to snow cover. Future grazingshould be done in a manner to enhance re-vegetation and reclamation. Alternative Methods Infestations do not appear heavy or dense enough to support beneficial parasitic insects. Some noxious weeds are subject to damage from beneficial insects but must first be found in sufficient density to support colonization. The application of vesicular-arbuscular mycorrhizal fungi (V/AMF) may be beneficial where topsoil'has been lost and heavy stands of cheatgrass are established. These fungi, mostly of the genus Glomusare symbiotic with about 80% of all vegetation. In symbiosis, the fungi increase water and nutrient transfer capacity of the host root system by as much as several orders of magnitude (Barrow and McCaslin, 1995). Over-the-counter commercial products, which are better adapted to coating seeds when reseeding and treating roots of live seedling trees and shrubs at time of planting come in powder form and are available from many different rour""r. Where conditions dictate, WWE recommends adding V/AMF to seed at time of Planting. Some applicators, including a New Castle company, collect and grow local accessions of V/AMF. The latter u.. uppli"d to weed patches and are reputed to greatly increase competition of native plants with Canada thistle in pirticular thereby affecting a non-chemical control of some noxious weeds. Monitoring. Monitoring for targeted weeds and re-seeding success should be performed on a weekly basis beginning at spring green-up and continuing through the growing season. Monitoring by qualified personnel should be conducted using Table 5 as a general guide to key plant growth periods and best control periods. Common chemical and trade names may be used in this report. The use of trade names is for clarity by the reader. Inclusion of a trade name does not imply endorsement of that particulai biand of herbicide and exclusion does not imply non-approval' Certified commercial applicators will decide which herbicide to use and at what concentration. Landowne6 uring unrestricted products must obey all label warnings, cautions, and appl ication concentrations. References Barrow, J.R., and Bobby D. McCaslin, 1995. Role of microbes in resource management in arid ecosystems. In: Barrrow, J.R., E.D. McArthur, R.E. Sosebee, and Tausch, Robin J', comps' 1996. proceedings: shrubland ecosystem dynamics in a changing environmenl _Gen. Tech' Rep. INT-GTR-338. Ogden, UT: USDA, For. Serv., lntermountain Res' Sta',275 pp' Board of County Commisssioners, 2006. Garfield County zoning resolution of 1978, amended October, 2006. Building and Planning Department, Glenwood Springs, CO, 78 pp' Colorado Natural Areas program. 1998. Native Plant Re-vegetation Guide for Colorado. Caring for the Land Series, Vol. III, State of Colo., Div. Parks and Outdoor Rec., Dept. Nat. Res., Denver,258 pp. Natural Resource Conservation Service (NRCS), 2002. Plant suitability and seeding rates for conservation plantings in colorado. Technical Note No. 59 (rev), USDA, CO Field office, Lakewood. I NRCS, 2006a.The PLANTS Database (http://plants.r-rsda.gor', 7 September ZO!!) National Plant Data Center, US Department of Agriculture, Baton Rouge, LA70874-4490 USA. NRCS,2006b. Web Soil Survey, US Dept. of Agriculture' URL: http ://websoilsurvey.nrcs.usda. gov Sirota, Judith, 2004. Best management practices for noxious weeds of Mesa County' CSU Cooperative Extension Tririver Area. Grand Junction' 4 pp' State of Colorado, 2005. Rules pertaining to the administration and enforcement of the Colorado Noxious Weed Act, 35-5-l-l l9;C.R.S.2003. Department of Agriculture, Plant Industry Division, Denver, 78 pp. (n() 0)ao li (_)oo oZ ()o ,t ,t ,1. + ,1. 6l 83o'l' r-l OJ Jboth'-5H $tararirE -ts'Ja\oo;i rE 6 6Gt=-.=av) =S!kEE!Ouuo)/l\()oy'i9o4Ebo'l';, ESb0oDriStrcEE E E E4 } H /N E /A E EB S; 'r- E ,l E E '3oottnv)nbo.=g'F=glle'a iC':cne.h=q=Y ES Y E I:=1o'=U-ISaEE ,q E E EC t'= E ts E q5 s"t E e g,'f' 'T' E-acPALEd\ = € il -E=6os_Eco;:tr- -S-q.LiE! Sg E f E E E SS H t + U,4 H $'9 .=!4-o,,tr ,"; I '1' 'l' t:'5 H= ebth{i 99EE=;u==-61 -tnqvFEo-42'J LLr(u:*buPEE =/n'SE il(J.5. a - i ESo a d- ** tr -Orr.{ra1rlELg--111"2-!= do 4 2 = = E pEm f € € = ? =, e =922-C-oEEa a E d o.i- oi d S E a3 E E; #i# ; ii iL--.-- a L,, :E F >. Fc1 F >- F >' -t u) fle-9t ^-{i'r-t /: xL,'b , l- C f2/, n * t- Crested t{heatgrass, Hycrest 20 '26 97 CAt{ slender xlheatgrass, san Luis 20.26 96 wY Smooth Brome, Lincoln 16'46 85 llE Tetraploid Per. Ryegrass, FulI Throttle 15'24 90 0R 0rchardgrass, Renegade 14'92 85 WA Intemediate Wheatgrass, Oahe 09'68 az sO -i:-ff ,,; *7/t-,/r.*z- B*^o.,o;- , ;;SfuS ./.rl _5/b )i, +-,.=,trvr*ty_L_ . -^. " crop .06*'fnljit :3. t e";weed s.06%llet ilgt : 50# "f TEsT DATE: 1i 06 Noxlous ITEEDS:NoNE usi,,rk*pv€,1tb-r*^-, -B^-*+:z fr,-J /Z4L€ Arkansas valley seed solutions 4333 Hwy 06 Longmont, c0'80504 - EAICANA OT[, ,%cAS (usa INC vELL rao (as4i,IW) EXISTING ?f.rOlg..U,..-3..d. r. ,@riq.t -Di$GFL t6ncbc^?€alo1 Ccrc,ran ry Dsit[ Ar\ , ,qp tltta.e.).abi\a 2_+X tro\+ '.r,'* i - iii \- ----- zzuruFgnl*rf +.Afu -fe:)Ul - ?? --4[6{p*&:d iio :i[i11 fdge {xtslng Listhg -'Ffdqc ol Pod TXIS |ING GRAD.D GROUND = 67J7' SURvEYED By: C o s. loarr suEGirol--Eoo_oo ffio^rr Dnffi ,, o? o6 L: 1 - 60' lRtvrSED' F.r.M t2-12-06 e kJs) zE,-25o1 Larul. - S'zrueying, I.nc. rBo NoRTH wRNit awl vERNAL. UIAH 84078 Conditions of Approval David Pesnichak From: Steve Anthony Sent: Tuesday, January 30,2OOl g:31 AM To: David pesnichak Subiect: RE: Chevron Communication Towers Hi Dave The EnCana documents are adequate. Also,.l appreciate you sending me everything, especiaily the staff report-it herps a rot,trouble.hopefully it wasn't too much Froml David pesnichak Sent: Monday, January Zg, ZOO7 4:11 pM Tol Steve Anthony Subject RE: Chevron Communication Towers HiSteve, Thanks for reviewing the Chevron materials. Attached are additional documents I have received for the Encana satellite water Gathering Facility on the M34well pad' This is going to hearing again on February rz. r-nave attached the last staff report to refresh yourmemory on this one also"' Pleaie iet me know if yi,u tnin[iner" ,r" adequate to address the conditions withinthe staff report. Thanks, Dave David Pesnichak Senior Planner Garfield County 108 8th Street, Suite 401 Glenwood Springs, CO 91601 Tel: (970) 945-8212 Fax: (970)384-3470 Email: dpesnichak@garfi eld-county. com 2/t/2007 Page I ofl I - BOND NO. RLBOO1OOss PERMIT BOND KNOW ALL BY THESE PRESENTS ;,Il"Iffi;li"illTl31"l'o 'n".# corPoration, ;s*"tv,E= rr"roand firmly bound unto sum of as Obligee, in the($10.000.00 -----)Dollarsfor which sum' well and truly to be paid, we bind ourserves, our heirs, executors, administrato^severally, firmlybythese presents. - vvrevrvse' vur rrerls' executors, administrators, sucessors and assigns, joinly and ',Iffffi,il::" Now' THEREFoRE' THE coNDlrloN oF THls oBLlcATloN ls sucH THAT if the Principat shatl weu and trury compry with,T::Tli""i?f,,iiflHli'fll;Jffii,?T;ffijl,""#:t;1ijf;;;l;mthis ob,isation to be void; othenruise to remain in ru,, PROVIDED AND SUBJECT TO THE CONDTTIONS PRECEDENT: 1' This obligation '?y .?: canceled by the surety by giving thirty (3.0) days ngtice in writing of its intention to do so to the obrigee,SiXrli ]::x.,*i:i,",,i:':"J"",1;lilLllli,"",J;;;iil;# this Bond tnirtv rsoi o"ays after receipt or said notice by the 2' 3:,',""Iilil;:ffi"?j::ilI"X';#:ns to RLr rnsurance companv to the attention or Gres E chirson, 8 Greenway praza, I 3' surety shall have no obligation to the Principal, the obligee or any other person or entity for any loss suffered by the principar,the obligee or any other person or entity by reason or r]o -'orissions which are o,. couro be covered by the obrigee,s or thePrincipal's general liability insurance, products liability in.rrrn*, compreted operations insurance or any other insurance.4' No right or action shall accrue under this Bond to or for the use or benefit of anyone other than the named obligee.s' rH,?:13;:illl'$T;i telease or this Bond within a reasonabre period, but in no instance ronger than thirry (30) days after lN WTNESS wHEREoF'-the above bound parties have executed this instrument under their ^s-e-v_erar sears. this 26,n day of Januaryffi;lH;lffLffil:"#,ff,?;'"ii"u;?"Hffi,.ffiff; o"Jl?;3',.'u",r,"J ",ol["J"l,esenrs dury signed by its undersisned RLI lnsurance Comoanv 8. Greenway plaza, 'Suiie 400 "4,esJq G, rJo(.,a, A++67{-[-p[; By tl ,l 77. Paul M. O'sullivan, RLT FiLl Insurance Company Peoria, tL 61615-1499 J I SoeS ruortn Lindbergh Dr Ph. (309) 692-lOOo RLB0010055 POWER OF ATTORNEY RLI Insurance Company IInout AII lllen bg These presents: IN WITNESS WHERtroF, the RLIcorporate seal affixed this State of Illinois County of Peoria Notary Public That the RLI INs,RANCE coMPANY' a corporation organized and existing under the laws of the State of Illinois, and authorized and ricensedtodobusinessinalIstatesandtheDistrictofCoIumbiadoesherebymake,constituteandappoint: in the city of HoUSTo-N "s'late of -rEli{s-' as Attornev-in-Fact, with fulr power and authority.hereby conferred upon him to sign, execute' acknowledge and deliver rot]na ilfE nehalf as s";";;";;lts act and deed, all oiii" rotro.,,i,g crasses of documenrs to_wit:$10,000.00Indemnity' surety and Undertakings that may be desired by contract, or may be giiven in any action or proceeding in any court of raw or equitv; policies indemnifving "",or"r"..'"J"r.,rt rors o. a#"e.l"lr.o il;;;;;;;;;;:1llrn",, emproyees; oni"rut, bairand:[::',i:ii:::1'j'"*13:; l"'"-nrtv in u,-#*-h.," r"a.-,i.i, -"ri" r",r,,, e,;; il i,,,n ,,,, power and authority toand setre ""v ",J"i ffilH:l"rH:fl.H::1r,"#,:i;;1i3,i::i"..,ffi:fil,fXffi:: ['],n,. c..p".,,1"njto-.o,,p,o,,i.. ;[]:lj::Hil[::,:ff'#,txT::ff:T1'il ::::Jff ff,ing is a true and exact copv or a Resorution adopted by the Board or "AIl bonds' poliLies' undertakin$s' Powers ofAttorney, or other obrigationsof the corporation sha, be executed in the corporate name of the companv bv the Preside"i' i;;;;tr,-anv Assistant s".7.iu.v, rr.ur,.,r..,'o. r;;'il;; president, or by such other officers as the Board of Directors.may.authorize. fne presiaent, urv Vl." p.-.jil",., Secretary, "., a*lrlr, Secretary, o, th" T..urrrer mayii:'i::*1'flx#I ff:::*::tr'#iili*lqti!t;il,ti?::iffit[!i?:,,f#,,:]i:,:Tiiir:#"1".rfl:::,i[ffHj:r the corporation' The signature of inv rr.l ofii.". and the.".p;;;"-;;; may be printed by facsimire.,, ..1 (BIue shaded areas above indicate authenticity) Insurance company has caused these presents to be executed by its pRESIDENT. cEo with its On this 26day of Jan., .,200.7 before me, a Notary public, personallvflxl',il^r.ri;T5ff;,^ifle:*'J:ilffInf;::il};rmi"ffiikr",,fi*"T,i.:t:i#:ffit#,.'t:.*Hm;;:?,',"ixi,?fi; n y act and deed ofsaid corporation. ATTEST; lotFtctAt sEAr t. ^,toNIffi{tRYo4ri€goilErpnEs SEAL H f IT1l( On/1 /na/^r\ ))ss )