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HomeMy WebLinkAbout1.0 ApplicationGarfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com TYPE OF APPLICATION O Administrative Review o Limited Impact Review o Major Impact Review Ill Amendments to an Approved LUCP 1:3 LIR DMIR ID SUP 6,tptl.r) O Minor Temporary Housing Facility O Vacation of a County Road/Public ROW O Location and Extent Review O Comprehensive Plan Amendment El Major 0 Minor CI Pipeline Development CI Time Extension (also check type of original LAND USE CHANGE PERMIT APPLICATION FORM O Development in 100 -Year Floodplain O Development in 100 -Year Floodplain Variance O Code Text Amendment 0 Rezoning 0 Zone District0 PUD 0 PUD Amendment 1:1 Administrative Interpretation O Appeal of Administrative Interpretation O Areas and Activities of State Interest O Accommodation Pursuant to Fair Housing Act O Variance application) INVOLVED PARTIES Owner/Applicant Oates Attn: and G Oil Encana as, Jason Name: Phone: ( 720 ) 876-3228 MailingAddress: 370 17th Street, Suite 1700 City: Denver E-mail: State: 00 Zip Code: 80202 Representative (Authorization Required) Name: Jenna Hirsch, EHS Representative Phone: ( 303 )999-4054 Mailing Address: 1999 Broadway, Suite 3700 City: Denver EmaiI:Jsch©nen&9Yc0m CO State: Zip Code: 80202 PROJECT NAME AND LOCATION Project Name: L-15 Man Camp -Minor Amendment Assessor's Parcel Number: 2135 _ 273 _ 00 _ 015 Physical/Street Address: Legal Description: NWSW Section 15, Township 6 South, Range 96 West, 6th P.M., Garfield County, Colorado R -L Plateau 11.283 Zone District: Property Size (acres): PROJECT DESCRIPTION Existing Use: Natural gas -producing well pad. Proposed Use (From Use Table 3403): Temporary employee housing Description of Project: The existing, producing L-15 well pad is in close proximity to where drilling wilt take place and has ample room to accommodate the temporary employee housing facilities, as there is limited room where drilling will occur. LINN wishes to add additional capacity to the currently approved facility. This will include the addition of one housing trailer that will accommodate four people, one potable water storage tank and one vault -and -haul sewage tank. The total capacity of the facility will remain less than 24 individuals, and all additional infrastructure will remain on the COGCC permitted L-15 well pad. REQUEST FOR WAIVERS Submission Requirements 0 The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards 8 The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: 7-208 (ISDs) Section: Section: Section: I have read the statements above and have provided the required attached information which is corr ct and accurate to the best of my knowledge. r e-1,/)-QCAA-- Signature of Property Owner Date 3/4/2015 OFFICIAL USE ONLY File Number: c tn-$aS �9 CO Fee Paid: $ 300 I: u. Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") LINN Operating agree as follows: 1. The Applicant has submitted to the County an application for the following Project: Minor Amendment to Approved LUCP (L-15 Man Camp) 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the 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. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. 1 hereby agree to pay all fees related to this application: Billing Contact Person: Jenna Hirsch Billing Contact Address: 1999 Broadway, Suite 3700 Phone: ( 303 ) 999-4054 City: Denver State: CO zip Code: 80203 Billing Contact Email: jhirsch@linnenergy.com Printed Name of Person Authorized to Sign: Jenna Hirsch rZttitt.et- ` ,Lt 3/4/2015 (Signature) (Date) LINN Energy NASDAQ:LINE NASDAQ:LNCO LINN Operating, Inc. A wholly owned subsidiary of LINN Energy, LLC 1999 Broadway, Suite 3700 Denver, CO 80202 Phone: (303) 999-4400 Fax: (303) 999-4401 David Pesnichak, Senior Planner Garfield County Building and Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 March 3, 2015 Subject: Minor Modification/Administrative Amendment — Minor Temporary Employee Housing for Natural Gas Workers Dear David: Enclosed for your review and processing is an electronic copy of Linn Operating's Application for an amendment to an approved Minor Temporary Employee Housing Administrative Permit. The Application requests approval from Garfield County for LINN to add additional capacity to the current Minor facility on the L-15 well pad, which would serve as temporary employee housing quarters to accommodate drilling personnel. This would include the addition of one housing trailer with four beds, an additional potable water storage tank and an additional vault -and -haul sewage tank. As previously discussed, the total capacity will remain at less than 24 individuals and all additional infrastructure will remain on the COGCC permitted L-15 well pad. Attached is a revised site plan, as well as all required submittal materials for a Minor Modification. No changes to the Minor Temporary Employee Housing Facility will impacts any of the standards in Article 7, Divisions 1, 2 or 3, or in Section 7-706. If you have any questions or comments, please contact me at your earliest convenience at 303-999- 4054 or via email at jhirsch@linnenergy.com Sincerely, Jenna Hirsch Environmental, Health and Safety Representative Linn Energy/Linn Operating www.linnenergy.com www.linnco.com Additional Housing Trailer Information: Size: 12'x54' (648 square feet), Make: Teton Buildings, Year built: 2010. Legal Description of Property: NWSW Section 15, Township 6 South, Range 96 West, 6th P.M., Garfield County, Colorado PERFORMANCE STANDARDS The following is a discussion of how the proposed facility would comply with relevant standards outlined in Article VII, Section 7-706 of the Garfield County Unified Land Use Resolution of 2013. Section 7-706 Minor Temporary Employee Housing Facility Standards: A. The proposed temporary housing quarters would comply with all applicable Garfield County building codes, state and federal permit requirements, fire protection district requirements, and fire code requirements. All facilities would be used solely for living quarters in support of LINN's operations and not for recreational purposes. When operations are completed, all housing structures and associated infrastructure would be removed and the lands restored. It is LINN's intention to provide adequate utility and sanitation services to the proposed temporary housing quarters based on sound engineering practices and in compliance with applicable state and local laws and regulations. B. The Sheriffs Office and relevant fire protection district(s) will be notified at least 24 hours prior to installation and removal of the Minor Facility. The Community Development Department will be copied on all such notifications, electronic or by hard copy. C. Water systems will comply with all applicable State and local laws and regulations. All potable water systems will include a meter and LINN will keep a record of the daily usage. Under no circumstances would unsafe water be used for drinking. Potable water would be obtained from a sources certified to meet Colorado Department of Public Health and Environment standards, as described above. Although it would be suitable for drinking, the potable water to be used at the proposed temporary housing quarters is generally intended for washing, laundry, and toilet flushes. Drinking water would be supplied by a vendor in 5 gallon bottles, and delivered as needed. Water deliveries would be via maintained county and well field access roads that will be kept open on a year-round basis. No on-site well water will be required for the project's duration. No raw sewage or used water would be discharged on the ground surface. For sites to which potable water is hauled, LINN will: 1. Maintain accurate records to demonstrate that the water supplied is from an approved source; 2. Conduct monthly tests and keep records of potable water samples tested for coli form bacteria which would be available to the County upon request. The Garfield County Public Health Department would be notified immediately if tests yield coli form bacteria contamination results; 3. Obtain State permits for water systems through CDPHE or demonstrate that applications for any necessary permits have been submitted prior to a determination by the County that an application is complete; 4. Maintain compliance with State regulations at all times during operation. D. Wastewater systems will comply with all applicable State and local laws and regulations. Wastewater would be temporarily stored in three (3) 4,000 gallon waste water holding tanks at the proposed employee housing quarters. These tanks would be heated to prevent freezing and would be equipped with an overflow alarm that would be triggered when it reaches 80% of capacity. The tanks and piping would be made of proper materials, would be water tight, and properly sealed or screened to prevent entry and exit of insects and other vermin. The holding tank would be pumped by vacuum trucks (United Site Services, a.k.a. Down Valley Septic) one to two times per week to maintain ample storage capacity. Wastewater haul trips would typically remove up to 4,000 gallons from each holding tank. The wastewater would then be hauled and disposed of (as appropriate) at the Silt Wastewater Treatment Facility. The facility is not projected to produce in excess of 2,000 gallons of waste per day and access to the site will be maintained year-round for hauling and transportation. Wastewater will be disposed of using a vault -and -haul system that will demonstrate the following: 1. Year-round access available and maintained for safe and regular access for sewage hauling vehicles; 2. A demonstrated and guaranteed arrangement for sewage hauling; 3. Records of all wastewater haul trips will be maintained on-site to verify the waste was hauled by an approved service and receipts from the hauler will be kept on record; 4. The sewage disposal records will be maintained as public records to be available to the County upon request; 5. The facility will not exceed a cumulative of 1 year at the approved location; and 6. The facility has been designed to accommodate 75 gallons of wastewater per person per day or an amount derived from engineered calculations taken from metered usage rates at a similar facility that has been reviewed and approved by the County. E. All proposed temporary employee housing sites would be maintained in a clean, safe, and sanitary condition, free of weeds and refuse. Any hazardous or noxious materials stored on site would be managed in accordance with all applicable federal, state, and local laws and regulations. F. All trash and solid wastes generated at the proposed employee housing quarters would be stored in a centralized bear -proof dumpster, which would be made of steel and equipped with locking steel doors. Solid waste from this dumpster would be hauled offsite by a contract waste hauler to the Garfield County landfill. Refuse would be disposed of at least once per week and hauling records made available upon request. Dumpsters will be sized to adequately support the needs of the entire facility. Food storage would be limited to within the proposed temporary employee housing facilities. No outdoor food storage would be allowed. G. Each mobile home unit (in the bedrooms) and the kitchen/dining trailer would be equipped with smoke and carbon monoxide alarms to alert occupants in the event of a fire. All Temporary Employee Housing Trailers are certified to meet the state's public safety requirement, and a photo of the housing certification for the additional trailer is provided in photo 1. All temporary employee housing occupants would be informed as to escape routes and fire extinguisher locations. Each unit would be equipped with fire extinguishers capable of fighting A, B, and C-type fires. Fire extinguishers would be mounted on the walls or in easily visible locations. Residents would be informed as to the potential for wildfires and no open fires would be permitted at the proposed employee housing quarters. Smoking would only be permitted in designated areas near the units and away from brush and other native vegetation. H. No animals will be allowed at the Temporary Housing Quarters. I. Within 10 days following the expiration or other termination of the Land Use Change Permit or represented date of removal identified within the Land Use Change Permit, all housing structures, foundations, and associated infrastructure will be completely removed. LINN will provide the Director with photos, dated and signed by the LINN' s compliance officer, indicating that all housing structures, foundations, and associated infrastructure have been removed within the specified timeframe. DIVISION OF HOUSING THIS NONRESIDENTIAL STRUCTURE COMPLIES WITH THE FACTORY B NONRESIDENTIAL CONSTRU TION TAN • AR MANUFACTURERISI' NAME PLAN APPROVE. 1.40. UNIT IDO DATE 13111L1 CERTIFICATION NO. FRNR AC CERTIFIES THE FOLLOWING: iLOOFA DESK: 1„Od#;► F1Rg. RATING CCM:RV Photo 1. Colorado Housing Certification for additional trailer nCn „ eA Diversion Ditch Toe of Fill Toe Stockpile PP Toe Stockpi/ SCALE: 1” = 80' DATE: 06-22-07 DRAWN BY: D.R.B. Revised: 04-03-08 D.R.B. Revised: 04-26-10 D.R.B. Revised: 06-17-10 D.R.B. Revised: 10-21-10 D.R.B. Revised: 11-19-14 M.D. SNAP /FGENOT SCE - STAB/LIED CONSTRUCTION ENTRANCE Toe Stockpile BERRY PETROLEUM COMPANY PAD LAYOUT FOR WELL PAD L15 696 (AS -BUILT) SECTION 15, T6S, R96W, 6th P.M. NW 1/4 SW 1/4 Cutch BosinQ 1 Edge of Pad i Orginal Pod Berm A'N). 1 (bo..) 0M13D 0M13A 0 141 OM12C OM120 OM128 OMO5C OM11C Production Equipment Area (100x75) 0 no/ Pod Edge of Pod SCALE 'Sheet 2 of 13' Berm Diversion Ditch APPROXIMATE ACREAGES APPROX. WELL DISTURBANCE = ±10.109 ACRES ACCESS ROAD DISTURBANCE _ ±1. 174 ACRES TOTAL = ±11.283 ACRES 0 Cu Topsoil Stockpile 1' Buried Water Llne I -Buried Gos Line 7/ FINISHED GRADE ELEV. AT 120 LOC. STAKE = 8391.0' Access Rood Toe of Fill oe of Fill --Diversion Ditch uCa „A„ Catch Basin Toe of Fi/Diversion Ditch UINTAH ENGINEERING & LAND SURVEYING 86 So. 200 boat • Varna). Utah 84078 • (436) 789-1017 L15 PAD OVERVIEW Section 15 - NWSE T6S R96W Stiejeri 1' 1 49.52078371-108 0995066 LINN Energy PICEANCE BASIN AFE Map L15 Pad December 2014 WELL SYMBOLS C LOCATION FEET December 18, 2014 7A 12/18/2014 120 43 PM Existing Road 1 R /dill NH 11111131111 1111 11!1111 i1I1l 1111 I111 655348 ei/02/2004 03:66P 81602 P442 ri ALSDDRr 1 of 3 R 16.00 D 0.00 GARFIELD COUNTY CO AFTER RECORDING, Ri TURN TO: EuCana Oil & Gas (USA) Inc. 950 17th Street, Suite 2600 Denver, Colorado 80202 Attention: Diane Blieszner, Esq. QUITCLAIM DEED T.H1S DEED, dated June 1' , 2004, between UNION OIL COMPANY OF CALIFORNIA, a corporation:dilly organized and existing under the laws of the State of California ("Grantor"), whose 1caatl address 376 South Valencia Avenue, Brea, California 92823, and TOM BROWN, INC., a corporation dilly organized and existing under and .by Arnie et the laws of the.State of Delaware ("Grantee"), whose legal address is 555 17th Street, Suite 1850, Denver, Colorado 30202: w(MESS, that the Grantor, for and.in consideration of the sunt of Ten and,no/100 Dollars and other god and valuable consideration, the receipt and sufficiency of which are 'hereby-. acknowledged, has remised, released,. sold and QUITCLAIMED, and by these.presents does remise,. release, sell and QUITCLAIM unto the Grantee, its successors and assigns forever, all the right, title, interest, ckairn and demand which the Grantor has in and to any and .alt real property, together with improvements, if any, situate, lying and being in: Township ,l_ Solidi, Range 95 'West of the 6'h Towns} ip_=1:Sgii h, F; ti e 96 :West'oY tale 6°i P,M;; Township 5 South, Range 95 West of the Township 5 South, Range 96 West of the 6'1 P,M., Township 6 South, Range 96 West of the 6WI' P.M., i own5hip 7 South, Range 96 West or the 6Ih PM, Garfield County, Colorado, except the fee interest to Cry; ;iurliice rights to that parcel of real property, the legal description of '.vlich is attached its (the "Chevron Reservoir Right or First Rcfiisal Parcel") and except water storage rights related to such parcel. (.iranteir and Granitic agree and intend that this instrument shall convey to t_Ur'ntee .11) of %haritOr's interest in and to toil. gas and Oilier minerals 1n and wider the loud tld:icrtbU(t illi`, tiocli:dinn those !hider the lain." describes' on attached Exhibit A} (:he "Real f stale', y '+U r:i _. :';ti., ttk ,.tCt:CCllilg, i!t; _ ,reiierved 1..111M t.i!�1i)t(Y,, Ili S':C.i:r�s:icit;i ii'•.;_ :?S:il�'il:.:irr f %,pi , 'r.. 11 j o -+; prodnc-':i il'OM ;1r itilrih1l:ahk :., l:�d!'-,i;at herein :. l:'r=' l)�'_��=c"li (_./r�)'�Ti.)1i.i rU�iii..•- 1, ell l and. �ti, the .(e31 t", t:i1'. conveyed herein which is pioducr(1, mined it °thin i‘vise e't:irset•ed front 5i?die Smile ()it") l'attui the Chem River "oriT):id0n from the surface to a d::t;t`t that is stillitgaphlcail`, intiItent 10 !lie ''Ocaniz.' iv1.1.rker" within the �:1;(1 11 GOO.h ill it!:)' of the Green 1<ivei F0111l li0i1, Y.1c11'.ic-}r'i- ''2:LCili L;! ;Hid: .:fi1 !;l 2 105' in the Skelly (.til t ...%!1):3t1}` :`.1 , i1v •'•! t ) ;1 C u r C !,•!: (17 1)tl` :!C t!!'. .Y.1 tli t �.'!. •. i'. 13M1U 1I.111 I11111111,11 ll 1111111111 655346 0702/200 1 11 2 of 3 R 16.00 D 0.00 GARFIELD.COUNTY.CO unto Grantor shall•entitle Grantor to a cost free share equal to two percent of 3/81.1u of all Shale Oil in addition to any previously existing mineral interests or burdens excepted above and is not dependent on the existence `(or.nonexistence) of any mineral, lease covering all or any portion of the Real.Estate. Grantor may, at its option and •"in its sale discretion, elect from time to time to take its royalty share in kind upon ;wing Grantee at least ninety days prior written notice of such intent. IN WITNESS W IEREOF, the Grantor has caused its corporate name to be hereunto subscribed by its attomey-in-fact on this .11 day of June, 2004. UNION OIL COMPANY OF CALIFORNIA, a California corporation By: Brian J. Kelly, Attomeri-Fact STATE OF COLORADO ). ss. CITY AND COUNTY OF DENVER Acknowledged before me this i dayo.f J,une,. 2004 by Brian J..Kelly, Attorney -in -Fact for Union O.tI (ompanyof California, a California corporation. Witness ray liartd and official seal. r7•r` >• . mss_ �`�•y �_.-_. ,. �_ Notary Public fjP Commission Expires:___._ •o > trs; eiA)r1.�Ct.`j CP CO'r 1111I119glii �111� 111 1111111 X4 0100. 1111111111111112 P344 h 11 Slot 111 653 of 3 R 16.00 O 0.00 GARFIEt•D COUNTY GO E\f]13IT A Legal C)zscri ,Lion -- Chevron Reservoir Right of First Rvftsal Parcel and Water Rirthts (includes Unocal Parcel Nos. 7631, 7632, 7633, 7634, 7..660, 76.93D, 7699. and Portions of 7616; 7625, 7627A, 7639 end 7646) Township 5 South, Range 95 West, 6th P.M. Section 30: Lots 10, 11, 12:, 13 & 14 Section 31: Lots 2, 3; 4; :9 & 10 Township 5 South. Rance 96 -West 6th P.M. Section 25; Lots 7 and 8 Section 36: NE.1/4 &:SE1/4 except That part of the South 949:99 :feet lying West of the Centerline ofParachtite Creek. Township 6 South. Ran0.96 West, 6th P.M, Section 4: Lots 4, 10, 12 & and all that Bart of Lot 1, SEL/4NW114, SW 1/41\1W1/4, NV/ I/4SW I/4 and Lot 11 lying East of the centerline of Parachute Creek Section 9: Lois 3, 4, 5., 11 &.SWl/4NW1-/4 TOGETHER with a parcel of land, referred to as. the Grantee Gulch Sehpol Parcel, in the Northwest Quarter of the Southwest Quarter (NWI/4SW1/4.) of Section 4, Township 6 South, Range 96 West of the Sixth Principal Meridian, County of Garfield, State of Colorado described as follows: Starting, at the Northwest corner of the Southwest quarter of Section 4, 'Township 6 South, Range 96 \lest (This Corner is located on the South side of a gulch) running down the gulch South of East 582 feet to the creek front thence down the creek West of South 207 feet from thence West 336 eet front thence North 363 feet. EXCEPTING therefrom that portion of County oud 2 t5 thai crosses the subject propccr.y including the Roadway survey parcels and slide parcels conveyed to The Hoard of County of. Commissioners c_f Garfield County, Colorado in Special Warranty Deed recorded Deccrnher 30, 1986 in Hook 702 at Page 424 and as 'cori:-cted in instrument recorded Jude 15, 1987 in look 714 at Page i :Y,J"�'l'll-/-./^J'.11lrlllllll./�lll �,n uw,q 1 �"-°�!:,"�. KRISTEN CHRISTENSEN ti qt' t:ommleslon Expires 10.25-2016 Notary Public, Slate of Texas N 11�• .. i ry Garfield County STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of Unn Operating, Inc , a corporation (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is Linn Operating, Inc. and is formed under the laws of Delaware The mailing address for the Entity is 1999 Broadway, Suite 3700, Denver, Co 80202 The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is Elizabeth Moss. Senior Landman; Jenna Hirsch, EH&S Representative The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): No authantybcnvryereth«wiseenwmibswrsaiPiopeity Limited to Temporary Employee Housina Permit Applications to Garfield County. Co. . Other matters concerning the manner in which the Entity deals with any interest in real property are (if no other matter, leave this section blank): EXECUTED this 22nd day of December , 2014 L2_,g6 Signature: lc,�t�"fiL-�^-� Name (printed): Candice J wens Title (if any); Vice President, General Counsel & Corporate Secretary STATE OF TEXAS )5S. COUNTY OF HARRIS The foregoing instrument was acknowledged before me this 2211d day of December , 20 14 by Candice J Wells on behalf of Linn Operating, Inc , a corporation Witness my hand and official slat. My commission expires: 110 aS1(VI (SEAL) (Date) encana December 17, 2014 Garfield County Attorney's Office Attention: Kelly Cave 108 8th St Suite 401 Glenwood Springs, CO 81601 Subject: Statement of Authority Dear Ms. Cave: This letter confirms that Jason Eckman, Julia Carter, Lumis Campbell and Jason Oates, are authorized to sign on behalf of Encana Oil & Gas (USA) Inc., acting by and through its authorized agent, Encana Services Company Ltd., a corporation formed under the laws of the State of Delaware, the following documents submitted to, and issued by, Garfield County County Permits County Applications Agent Authorizations Surface Owner Approvals The foregoing authorization is effective until subsequent written notice to Garfield County Sincerely, Encana Oil & Gas (USA) Inc., acting by and through its authorized agent, Encana Services Company Ltd. 7 111 Jeffrey S. Balmer 3f/1 -VP & GM, Western Operations Encana Oil & Gas (USA) Inc., acting by and through its authorized agent, Encana Services Company Ltd. !,rl.11 i; II( I, ., I Ii I 11.11 ( (1 . .i ,,. ,1 i(� :II! ri!I:;.( (1(;! encana January 1, 2014 SUBJECT: NOTICE OF AGENCY ARRANGEMENTS BETWEEN ENCANA OIL & GAS (USA) INC. AND ITS AFFILIATE, ENCANA SERVICES COMPANY LTD. Dear Ladies and Gentlemen Encana Oil & Gas (USA) Inc. ("Encana") recently completed a reorganization in support of its new strategy and organizational structure. Effective January 1, 2014, most Encana staff became employees or contractors of Encana Services Company Ltd. ("ESCo"l, a wholly-owned, direct subsidiary of Encana's parent, Encana Corporation. As an Encana affiliate, ESCo is authorized to provide operational, corporate, administrative and advisory services to Encana and its subsidiaries and affiliates, with its staff acting as disclosed agents of Encana and its subsidiaries and affiliates. Your agreement and its terms with Encana or its U.S. affiliates remain unchanged. The only change is that invoices, change orders, and similar documentation issued pursuant to your agreement with Encana or its U.S. affiliates will now be signed by an individual staff member of ESCo acting as authorized agent for the Encana entity with which you have contracted. If your contract is with Encana Oil & Gas (USA) Inc., invoices, change orders, and related documentation will now be signed: "ENCANA OIL & GAS (USA) INC., acting by and through its authorized agent, Encana Services Company Ltd." The address for invoices and correspondence for Encana remain unchanged. Please address all questions and concerns regarding Encana to Teresa Cox at (720) 876-5656 or by email at teresa.cox@encana.com. Thank you for your continued relationship with Encana. Yours truly, ENCANA OIL & GAS (USA) INC. M. Scott Regan Assistant Secretary RHE/re Encana 011 & Gas (USA) Inc. Republic Plaza, 370 - 17th Street, Suite 1700, Denver, CO 80202 USA encana.com 11111110"4111041:111,51,11'14h'f'1)hY,11rVlitbEatt,11111 Rcccptl onii: 949321 81i, .8 17 7e 70 Pa Jpar, 0I .co 1 nr , a,, ren 1411 oe floc me s nn Gr1PF I '1n COUNT, Co Garfield County STATEMENT OF AUTHORITY Pursuant to C.R.S. 538-30-172, the undersigned executes this Statement of Authority on behalf of EnCana 01t & Gas (USA) Ino, a Corporation (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an Individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is Encase oil b Gaa (USA) Inc. and is formed under the laws of Delaware The mailing address for the Entity Is 370 nu, 50001 surto 1700 aenver, Co 50202 The name and/or position of the person authorized to execute Instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity Is JuGa Carter, Kelly Hamden, Amy HenIlne and Alexis Kubat The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (If no limitations, insert "None"): None Other matters concerning the manner In which the Entity deals with any Interest in real property are (if no other matter, leave this section blank): EXECUTED this 29 day of AprlI . 2014 , Signature .,.„SRL' ' .."' - ,�.•Zr Ettcana 0118 Gas (USA) Inc., acting by Name (pri. .d): se1T a n, -fes and through Its authorized agent, Title ny) Sr,: e1•r tyi0. J.4f Encana Services Company L. STATE Or Crdor-KGIU 1 /] )SS. I/ COUNTY OF arr//ge 1 The foregoing instrument was acknowledged before me this 23 day of fi L 20 t ^I by T. do 6, ,�j 5 on behalf of 40 !9; 47 104011. f a r. ✓ rQ0.4,44 ,tt rtc4.aq b .r1 vA^ r . f a.r7(��+2!' , �.DA Rfro R0(.4 rtat fre04, Leloyawl tool • Wltness my hand and official seal. jI�JI ' " Mycommission expires; (j —149--/7 G (Date) otary Public) (SEAL) JONATHAN WENTE NOTARY P05110 SIATt Of COLORADO ROTARY 10 0 20134030234 MY 00413810N 50017105 JUNE 10 3017 Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE -APPLICATION CONFERENCE SUMMARY DATE: March 2, 2015 PROJECT: Linn Energy L-15 Minor Temporary Employee Housing Man Camp PROPERTY OWNER: Encana Oil and Gas REPRESENTATIVE: Jenna Hirsch, Linn Consulting PARCEL NUMBER: 2135-273-00-015 LOCATION: The property is located north of the Town of Parachute in the NWSW Section 15, T6S, R96W of the 6th PM. ZONING: Resource Lands - Plateau TYPE OF APPLICATION: Minor Amendment to an Approved Land Use Change Permit (Admin) I. GENERAL DESCRIPTION The Applicant's representative, Jenna Hirsch of Linn Energy, proposes to add one trailer which will accommodate an additional 4 individuals to an already permitted Minor Temporary Employee Housing Facility located on Linn Energy's L-15 well pad. It has been represented that the total capacity of the facility will remain less than 24 and all additional infrastructure will remain on the COGCC permitted L-15 well pad. It has been determined that the amendments as proposed qualify as a Minor Amendment under Section 4-106 of the LUDC. The Minor Temporary Employee Housing facility was approved on January 6, 2015 as application MTEH-8160 and the Permit is memorialized under reception number 858369. The Applicant will need to provide a new site plan for the facility with additional trailer, water storage tank and vault -and -haul sewage tank. In addition, the Applicant will need to respond to each of the Minor Temporary Employee Housing standards and specifically demonstrate that each standard will be met with the proposed alterations. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Section 4-106 determines the process for an amendment to an approved Land Use Change permit. III. REVIEW PROCESS To process a request for an Amendment to an Approved Land Use Change Permit, the applicant shall schedule a pre -application conference. Within 10 days of the conference and after receiving all necessary information, the Director shall make one of the following determinations: a. Minor Modification b. Substantial Modification. c. Determination by the BOCC IV. DETERMINATION In reviewing the information submitted (attached), the Director has determined that the Review Criteria (Section 4-106.C) for determining this proposed amendment to be a Minor Modification, has been met, as follows: 1. Comply with all requirements of this Code; The Amendment continues to meet all requirements of the Code. 2. Do not conflict with the Comprehensive Plan; The Amendment does not conflict with the County's adopted Comprehensive Plan. 3. Do not change the character of the development; The Amendment does not change the character of the development. 4. Do not alter the basic relationship of the development to adjacent property; The Amendment does not change the basic relationship of the development to adjacent properties. 5. Do not change the uses permitted; The Amendment does not change the uses currently permitted. 6. Do not require amendment or abandonment of any easements or rights-of-way; The Amendment does not require abandonment of any easements or rights of way. 7. Do not increase the density; The Amendment does not increase the density of the project. 8. Do not increase the zone district dimensions to an amount exceeding the maximum dimension in the applicable zone district in Table 3-201; and The Amendment does not increase the zone district dimensions to an amount exceeding the maximum dimensions in the Rural Zone District. 9. Do not decrease the amount of the following to an amount below the minimum required in the applicable zone district: The Amendment does not decrease the amount of any of the following to an amount below the minimum required in the Rural Zone district. a. Amount of dedicated Open Space; b. The size of or change in the locations, lighting, or orientation of originally approved signs; c. Any zone district dimensions in Table 3-201. V. APPLICATION REVIEW A. Reviewed by: Staff for technical completeness and compliance with standards B. Public Hearing(s): None C. Referral Agencies: None VI. SUBMITTAL REQUIREMENTS The request for an Amendment to an Approved Land Use Change Permit shall submit all of the material consistent with Table 4-201, as well as any other information deemed necessary by the Director. Submittal requirements include the following for this Minor Modification: A. General Application Material (4-203.B), including a. Application Form b. Letter of Authorization, for any consultant acting on behalf of the owners and/or leaseholder c. Deed or title commitment d. Legal Description of Property e. Fees and Payment agreement form B. Copy of previously approved Land Use Change Permit and amendments C. Vicinity Map (4-203.C) D. Revised Site Plan (4-203.D) E. Statements/Demonstration of compliance with Section 7-706 as well as Article 7, Divisions 1, 2 and 3. VI. APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements: Planning Review Fees: $ 300 Amendment to a Land Use Change Permit Plus any additional Staff time charged at staff hourly rate of $40.50 Referral Agency Fees: $ TBD (includes consulting engineer fees billed at an hourly rate) County Surveyor: $ N/A Recordation: $ N/A Total Deposit: $300 Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. This summary is good for 6 months from the date of signature. Pre -application Summary Prepared by: March 3 2015 David Pesnichak,`AICP Date Senior Planner David Pesnichak From: Hirsch, Jenna <JHirsch@linnenergy.com> Sent: Monday, March 02, 2015 2:10 PM To: David Pesnichak Cc: Johnson, Derek Subject: L-15 Man Camp Good afternoon David, I hope you are doing well. Our operations team is interested in adding additional capacity to the Minor Temporary Employee Housing Facility on our L-15 well pad. This would include the addition of 1 trailer with 4 beds, an additional potable water storage tank and an additional vault -and -haul sewage tank. The additional beds/people and equipment would still leave us with less than the 24 person limit for a minor facility. We are wondering if there are any limitations that would not allow for this, and also what additional paperwork would need to be filed with the County for this addition to be approved? Please feel free to contact me with any questions at the number below. Thank you and have a nice day, LINK Energy NASDAQ LINE NASOAO LNCO Jenna Hirsch EH&S Representative 1999 Broadway, Suite 3700 Denver, CO 80202 T: 303.999.4054 F: 303.999.4401 C: 720.415.7318 www.linnenergy.com This electronic message, together with any attachments, contains information from LINN Energy that may be confidential and intended solely for the use of the addressee only. If you are not the intended recipient, please note that any disclosure, dissemination, distribution or copying of this message, or any attachment, is strictly prohibited. Also, please notify the original sender by return e-mail and delete the message, along with any attachments, from your computer. Finally, the recipient should check this email and any attachments for the presence of viruses. The organization accepts no liability for any damage caused by any virus transmitted by this email. i �!!1 !PAlitWANOlt a tin4L1Wett rEt#tiiii 11101 Receptor 850369 ' 7116 2015 04 19 it PM Jean Rlbericc 1 0l 4 Rec Fee $0 00 Doc Fee 0 00 C 9FIELO COUNTY CO LAND USE CHANGE PERMIT for A Minor Temporary Employee Housing Facility (aka Linn Energy L-15 Man Camp) located within a 11.283 acre COGCC approved well pad location (aka L15 696) and within a 26,441.91 Acre Parcel of Land Owned by Encana Oil and Gas Located north of the Town of Parachute in the NWSW Section 15, T6S, R96W of the 6th PM., Garfield County (Assessor's Parcel No. 2135-273-00-015) In accordance with and pursuant to provisions of the Garfield County Land Use and Development Code, as amended, the following activity is hereby authorized by Land Use Change Permit: A Minor Temporary Employee Housing Facility as shown on the Site Plan Attached as Exhibit A (MTEH-8160) This Land Use Change Permit is issued subject to the conditions contained in the Exhibit B and shall be valid only during compliance with such conditions and other applicable provisions of the Garfield County Land Use and Development Code, as amended, Building Code, and other regulations of the Board of County Commissioners of Garfield County, Colorado. ATTEST: DIRECTOR OF THE COMMUNITY DEVELOPMENT DEPARTMENT ii Fred A. Jarman, AIC" Date Page 1 of 4 ■ill I�Ii�rl1`�I11�1t:�t 1�1SI��,I��i'flF���s>�i'� sti1�� lel ®I ip Reception#: 858369 01!16,2015 04 19 11 PM Jean Alberico 2 of 4 Rec Fee $0 DO Doc Fee 0 OC GAPF1E'_0 •"'GHtt1TY C.; Exhibit A (Project Site Plan) BERRY PETROLEUM COMPANY su.:. r. or PAO LAYOUT FOR ..► e. -r w -sr 04 W U. PAD 115 898 (AS -SUET) ...r.+ DMW Br O.R.B. R..44.0 04-03-00 DAB SECTION 15, TOS, R98W, Stn PA R..rlc 04 NI -ID DRB NW 1/4 SW 1/4 R....1- 06 -I1 -1U ORB RNwa. 10 51.10 040 111.M6 I1 -10-14 1411. -'....4\ r»m.r., as 8 3 i 1Y/A[D cove LIC.1 Al 1Z1 IQ ST >T - &sat•o, UIMIF R1crnsza AC it WO SU1VITIAC r0. aM rr• 1...•+. nr NOM •$4 167101 WO Page 2 of 4 i» k1FAIKLMLS, ,lOulililAldt,'rwwi0.0.1 .11 111 Reception4: 858369 '^1/1612015 04 19 It PM Jean Rlberico of 4 Rec Fee SO 00 Goc Fee 0 00 GARFIELD COUNTY CO Exhibit B (Conditions of Approval) 1. Temporary Employee Housing Facility. During times of housing shortage or in remote locations, the use of Factory Built Nonresidential Structures (as defined under C.R.S. § 24-32-3301, as amended, and Resolution #35 of the Colorado State Housing Board) utilized for a period of time not longer than 1 year or as otherwise specified, for workers who are engaged in commercial, industrial, mineral extraction, or highway operations and who are needed to support the proper execution and safety of the related operations. Temporary Employee Housing, shall not include Recreational Vehicles, except in a Small Facility. 2. Minor Temporary Housing Facilities, also referred to as "Minor Facilities," shall have all of the following basic characteristics: a) The Minor Facility and any associated infrastructure must be completely contained within a State or Federally -permitted parcel (i.e. COGCC-approved oil/gas well pad) in which reclamation and revegetation are secured with the permitting agency (Permitted Site); b) The Minor Facility is located at the Permitted Site for Tess than a cumulative of 1 year; and c) The Minor Facility shall have occupancy of 9 to 24 people who are employees, contractors, or subcontractors of the operator and are supporting the proper execution and safety of the related commercial, industrial, extraction, or highway operations. 3. The Minor Facility shall adhere to the following Minor Permit standards: a) Minor Facilities must comply with all applicable Federal, State, and local laws and regulations. b) The Sheriffs Office and relevant fire protection district(s) must be notified at least 24 hours prior to installation and removal of each Minor Facility. The Community Development Department shall be copied on all such notification, whether hard copy or electronic. c) Water systems shall comply with standards set forth in section 7-705.B. d) Wastewater systems shall comply with standards set forth in section 7-705.C. e) Minor Facilities shall be maintained in a clean, safe, and sanitary condition, free of weeds and refuse. Any hazardous or noxious materials that must be stored at Page 3 of 4 the Minor Facility for operational or security reasons must be managed in accordance with all applicable Federal, State, and local laws and regulations. f) Wildlife -proof refuse containers must be provided for trash. Outdoor food storage is prohibited unless facilities are provided that prevent the attraction of animals to the Major Facility site. g) I. Provisions for giving alarm in case of fire and fire suppression must be installed per fire codes and as required by the fire protection district. II. Single -station carbon monoxide alarms must be placed in each Manufactured Home or Recreational Vehicle unit. Domestic animals are prohibited. h) Within 10 days following the expiration or other termination of the Land Use Change Permit or represented date of removal identified within the Land Use Change Permit, all housing structures, foundations, and associated infrastructure shall be completely removed. The Operator shall provide the Director with photos, dated and signed by the Operator's compliance officer, indicating that all housing structures, foundations, and associated infrastructure have been removed within the specified timeframe. Page 4 of 4 January 6, 2015 Jenna Hirsch 1999 Broadway, Suite 3700 Denver, CO 80202 Garfield County DIRECTOR DETERMINATION Dear Ms. Hirsch: — Administrative Review Land Use Change Permit--- Linn Energy L-15 Man Camp — Minor Temporary Employee Housing — Encana Oil and Gas - Garfield County File Number MTEH- 8160 This letter is being provided to you as the authorized representative for Encana Oil and Gas and Linn Operating in regard to the General Administrative Review Application for a Temporary Employee Housing Facility, Minor, known as the Linn Operating L-15 Man Camp and as represented in Exhibit A. The proposed use is located north of the Town of Parachute on property also known by Assessor's Parcel No. 2135-273-00-015. The Director's Decision on the Application is based on the following findings and subject to the Applicant's representations and conditions of approval. 1. That proper public notice was provided as required for an Administrative Review Land Use Change Permit. 2. That for the above stated and other reasons the proposed Land Use Change Permit for the Linn Operating L-15 Temporary Employee Housing Facility, Minot is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 3. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. i 4. That with the adoption of conditions the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. A Director's Decision is hereby issued approving the Application subject to the following conditions: 1. Temporary Employee Housing Facility. During times of housing shortage or in remote locations, the use of Factory Built Nonresidential Structures (as defined under C.R.S. § 24-32-3301, as amended, and Resolution #35 of the Colorado State Housing Board) utilized for a period of time not longer than 1 year or as otherwise specified, for workers who are engaged in commercial, industrial, mineral extraction, or highway operations and who are needed to support the proper execution and safety of the related operations. Temporary Employee Housing, shall not include Recreational Vehicles, except in a Small Facility. 2. Minor Temporary Housing Facilities, also referred to as "Minor Facilities," shall have all of the following basic characteristics: a) The Minor Facility and any associated infrastructure must be completely contained within a State or Federally -permitted parcel (Le. COGCC- approved oil/gas well pad) in which reclamation and revegetation are secured with the permitting agency (Permitted Site); b) The Minor Facility is located at the Permitted Site for less than a cumulative of 1 year; and c) The Minor Facility shall have occupancy of 9 to 24 people who are employees, contractors, or subcontractors of the operator and are supporting the proper execution and safety of the related commercial, industrial, extraction, or highway operations. 3. The Minor Facility shall adhere to the following Minor Permit standards: a) Minor Facilities must comply with all applicable Federal, State, and local laws and regulations. b) The Sheriffs Office and relevant fire protection district(s) must be notified at feast 24 hours prior to installation and removal of each Minor Facility. The Community Development Department shall be copied on all such notification, whether hard copy or electronic. c) Water systems shall comply with standards set forth in section 7-705.B. d) Wastewater systems shall comply with standards set forth in section 7- 705.C. 2 e) Minor Facilities shall be maintained in a clean, safe, and sanitary condition, free of weeds and refuse. Any hazardous or noxious materials that must be stored at the Minor Facility for operational or security reasons must be managed in accordance with all applicable Federal, State, and local laws and regulations. f) Wildlife -proof refuse containers must be provided for trash. Outdoor food storage is prohibited unless facilities are provided that prevent the attraction of animals to the Major Facility site. I. Provisions for giving alarm in case of fire and fire suppression must be installed per fire codes and as required by the fire protection district. 11. Single -station carbon monoxide alarms must be placed in each Manufactured Home or Recreational Vehicle unit. g) Domestic animals are prohibited. h) Within 10 days following the expiration or other termination of the Land Use Change Permit or represented date of removal identified within the Land Use Change Permit, all housing structures, foundations, and associated infrastructure shall be completely removed. The Operator shall provide the Director with photos, dated and signed by the Operator's compliance officer, indicating that all housing structures, foundations, and associated infrastructure have been removed within the specified timeframe. This Director's Determination will be forwarded to the Board of County Commissioners for a period of 10 days so that they may determine whether or not to call up the application for further review. Once this time period has passed with no request for review or public hearing, and provided all relevant conditions of approval have been resolved the Land Use Change Permit will be issued. Please contact this department if you have any questions. Sincerely,. Fred A. Jarman, AICP Director of Community Development Department CC: Board of County Commissioners Kelly Cave, Assistant County Attomey 3 Exhibit A Site Plan BERRY PETROLEUM COMPANY 8 3 0il $CAL[ i• . a0' PAO LAYOUT FOR der OAtX Oe a 01 WELL PAD L15 696 (As—BEAt.T) Iw.w.. MAN BY. MR B. Revea 04-03-06 DAB. SECTION 15, TTS. ROM. 6U PM Reree¢ a-ri-10 ORO NW 1/4 SW 1/4 a..,.t O4-11-10 0R8 ReMeeC 10 21-10 0Oa R..leet 11 13-14 AUL Cod arl.g) D to er -C- 1L 9.k1,6J. I r 7.. SrdNWr 1 ai L 4Wfad SCALE 'Sheet 2 of 13r 00119 •N11 EA 0001.0 aymqc 000170 Doer» 040CC a 0111C Preductito Ea1pn.le ANO oyrks FA -- Dw Aro etra Temp Housing Facility aarata0rc m-/rreA7 aee.wclo. aa«ar Alkft .13411103631/1 AOTARS Atf770x REIT G51G1p3wCF - 6/0106 AcRrs ACCESS NO40 ORTICIPBAMLI - 41.174 ACOKS IOW - AOW ACR1S / o/ V/ / Anse Dater U,.` f 1 1 1 PAZI D CRACC ark Al 176 LCC SLRE - 8.191.0' ud. / / Cad. Desk De �IH N n "'O�relw Nk► Anew Awe/ EI4A?AR SACINISRlAC k W(0 SURYt1l.MC M !a r 6e • Owed. Ade MAN • OM) ea-Ilkr 4 Director Determination 1/6/15 File No. MTEH-8160 DP PROJECT INFORMATION AND STAFF COMMENTS REQUEST General Administrative Land Use Change Permit for a Temporary Employee Housing Facility, Minor PROPERTY OWNER Encana Oil and Gas APPLICANT Linn Operating ASSESSOR'S PARCEL # 2135-273-00-015 PROPERTY SIZE The facility will be located within an 11.283 acre COGCC approved well pad location and within an overall 26,441.91 acre parcel. LOCATION The property is located north of the Town of Parachute in the NWSW Section 15, T6S, R96W of the 6th PM. ACCESS The facility is accessed by private roadways and County Road 215. EXISTING ZONING The property is zoned Resource Lands - Plateau I. GENERAL PROJECT DESCRIPTION The Applicant is requesting an Administrative Land Use Change Permit for a Temporary Employee Housing Facility, Minor, on a Linn Operating well pad location known as L-15. The facility will be located within an existing COGCC approved well pad. The Administrative Permit requested is for a property owned by Encana Oil and Gas. The subject parcel is described by tax ID 2135-273-00-015 and is located in Section 15, Township 6 South, Range 96 West of the 6t" P.M. More specifically, the Applicant requests approval for one Minor Temporary Employee Housing facility to house 9 to 24 personnel for the purpose of natural gas drilling operations. The Applicant has represented that the facility will be on-site for less than one year, will have water hauled to the site, and a vault -and -haul scenario for handling sewage and wastewater. 1 This site is remote and must be contained on an approved COGCC well pad along with other drilling facilities. The Minor Temporary Employee Housing facility will be in use year round to accommodate those considered to be "essential personnel" to the drilling operations on this and other approved COGCC well pads located within the Resource Lands — Plateau zone district. The installed facility is required to meet all applicable building and fire code requirements. Estimated Dates of Operation: Installation: January 15, 2015 Removal: January 1, 2016 Total Estimated Time on Site: Less than one year Vicinity Map K-15 and L15 Surface Ownership Map Garfield County. Colorado Data 100. 0,01 BERRY PETROLEUM CO. < 0939 ?roadway Suit 3700 C.t0311Denver, Colorado 30202 0 SCALE 2 Site Plan SCA,: 1• 80' DA'E• 04-22-07 CRAYN BY: 12.0 B. Rersed: 04 -03 -GO O.R.B Rooseo. 04 26-10 0 R Reeved: 06-'1-10 0 R Revised 10-11-10 0 R Reosed -19-14 M.U. Orr.r09e f.„\) / "D" Toe olr. roe Sloc4yN "B" toe Sl "roe Stor..4410 Rffe.ttaefe. KY - SGtWdU MIGflw [NIAANF" .4498. Alco I L BERRY PETROLEUM COMPANY PAD LAYOUT FOR WELL PAD 115 696 (AS—BUILT) SECTION 15, T6S, R96W, 6th P.M NW 1/4 SW 1/4 te46* 9of9 1 1,'AP9 of Pod Org9rN Pod BO rSheel 2 of t3 3141 1613A 48 044120 AI120 ON124 OEP Produelear Ego&nmen. Ano (1O0AT1) 09499/ Pod 'D" 10. 4l.ai Temp Housing Facility 1!' 4969 , -sa. 4! V Term', 54064444 IN &.rod leder (Joe „dA`Is..., f 0 APPROXtWA IE ACREAGES APDROX HELL OIS IXINSANGE A- 110109 ACRES ACOSS ROA0 DISIURNANCE 4. 11.174 ACRES row = t11.283 ACRES 796091EO GRADE CLE/ Al 1211 !Sr STAKE .. 8391.0' Le.. .SS Rood of 901 191 Ddeh .c., CAL A B4sdr UlNTAN L'AGIN££RINC & LAND SURVEY/NG 46 Se 10e %A • wrr+el, 1444 0404 • (446) ne-r0l7 3 II. LOCATION - SITE DESCRIPTION The site is currently a developed COGCC well pad. Land uses within 1500 ft. include agricultural uses and natural gas extraction. No additional native vegetation will be removed for the proposed facility and the placement of the project on an existing well pad will minimize additional impacts. III. PUBLIC COMMENTS AND REFFERAL AGENCY COMMENTS Public Notice was provided for the Director's Determination in accordance with the Garfield County Land Use and Development Code as amended and included mailing notice to all property owners within 200 ft. and any mineral rights owners on the property. The Applicant has provided evidence of compliance with the notice requirements. Referrals for Minor Temporary Employee Housing Facilities are limited to Sign -Offs by the fire protection district and the Sheriff's Office. These Sign -Offs are submitted with the application materials. Comments from referral agencies, County Departments, and the public are summarized below and included in the application. 1. Grand Valley Fire Protection District: • Robert Fergusen signed -off indicating that the District received all necessary information. 2. Garfield County Sheriff's Office: • Chris Bornholdt signed -off indicating that the Office received all necessary information. 3. No public comment was received. IV. STAFF COMMENTS AND ANALYSIS In accordance with the Land Use and Development Code, the Applicant has provided responses to the Submittal Requirements and applicable sections of Article 7, Divisions 1, 2, and 3, including Section 7-706 Temporary Employee Housing, Minor Standards. 7-101 — 103: Zone District Regulations, Comprehensive Plan & Compatibility The proposed use demonstrates general conformance with applicable Zone District provisions contained in the Land Use and Development Code and in particular Article III standards for the Resource Lands - Plateau Zone District. Regarding compliance with Section 7-102, The Comprehensive Plan 2030 designates the site as Resource Production/Natural. Excerpts from the Land Use Description Section Chapter 2 and Section 8, Natural Resources and Section 9, Mineral Extraction are provided below. 4 Chapter 2 — Land Use Designations Resource Production / Natural (RPN): Agriculture and grazing land used primarily for oil, gas, oil shale, coal mining, gravel mining, including support buildings and facilities needed for the natural resource extraction industry, and other business uses that can be adequately buffered from adjacent incompatible uses. Also includes areas with significant environmental constraints such as upper plateaus, talus slopes, and steep slopes (over 20%). Private inholding mostly surrounded by public lands with limited public access. Section 8 — Natural Resources Issues *The county maintains high air quality standards, however there may be a propensity for air pollutants to exist in the western part of the county Goals 1. Ensure that natural, scenic, ecological, and critical wildlife habitat resources are protected and /or impacts mitigated. 4. Ensure the appropriate reclamation of land after extraction processes. Policies 1. The County will encourage and cooperate with the protection of critical habitat including state and federally protected, threatened, or endangered species. Section 9 — Mineral Extraction Goals 1. Ensure that mineral extraction is regulated appropriately to promote responsible development and provide benefit to the general public. 2. Ensure that mineral extraction activities mitigate their effects on the natural environment, including air quality, water quality, wildlife habitat or important visual resources. 3. In working with mineral extraction projects, the county will protect the public health, safety and welfare of its citizens. Policies 2. Mineral resource extraction activities will protect critical wildlife habitat as identified by state and federal agencies. Development within these designations that cannot be designed, constructed and conducted so as to have a minimum adverse impact upon such habitat or these wildlife species shall be discouraged. 5 4. Facilities that are appurtenances to oill gas development activities (compressors, etc.) are considered appropriate in all land uses so long as they meet the respective mitigation requirements of the ULUR to maintain compatibility with surrounding land uses. The location and design of the proposed facility is in general conformance with the Comprehensive Plan Policies subject to proper mitigation of impacts. The Application has also provided information on neighboring land uses indicating the general character of the area. The request demonstrates general compatibility with adjoining uses provided compliance with COGCC regulations are maintained. 7-104: Source of Water The Applicant is proposing potable water including bottled water and potable water stored in potable water tanks. The potable water is to be hauled to the facility using a water hauling contractor. The Applicant is required to use CDPHE certified potable water haulers who are obtaining the water from an approved source. All water must be treated prior to delivery to a facility. The Applicant has represented that the facility is capable of storing 9,000 gallons of potable water (3, 3,000 gallon tanks) with a 6 day capacity. The Applicant has represented that the tanks will be refilled at a 6-7 day frequency or as needed. The Applicant has provided a letter from Artesian Water Service stating that they will provide potable water hauling services for Linn Energy L-15 pad. 7-105: Waste Water Systems Sewage and wastewater are proposed to be handled by a vault -and -haul system with a 12,000 gallon storage capacity. Three 4,000 gallon tanks are proposed. Based on the Garfield County Land Use and Development Code of 2013, the Applicant will provide a minimum of 75 gallons per person per day of storage capacity for sewage and wastewater. As a result, the 12,000 gallon storage capacity is anticipated to provide an 8 day capacity. The Applicant has represented that the tanks will be emptied 1-2 times per week. In addition, the tanks are to be equipped with a secondary containment in case of leaks occur and a high level alarm which will sound when the tank reaches 80% capacity. The sewage and wastewater is to be disposed of at the Garfield County Landfill. The Applicant has provided a letter indicating that United Site Services will provide the sewage hauling service for Linn Energy. 6 7-106: Public Utilities This remote site will be occupied temporarily in accordance with the regulations for Temporary Employee Housing, Minor. The Applicant is proposing to provide temporary accommodations for electricity, sewage/wastewater disposal and water. 7-107: Access & Roadways The Applicants access the site from private roads and County Road 215. The Applicant has indicated that the all roads and access points will meet applicable regulations. In addition, as the area is an active gas field, the Applicant has represented that the roads will be sufficiently maintained to accommodate those uses, including heavy truck traffic, in addition to the temporary housing facility. 7-108: Natural Hazards The information provided and data from the Garfield County GIS supports a determination that the proposed use is not subject to significant natural hazard risks. 7-109: Fire Protection The Applicant provided a sign -off from the Grand Valley Fire Protection District. No additional comments were generated and the District signed -off indicating that all information has been received and reviewed. 7-201: Agricultural Lands With no new disturbed areas, no additional impacts on nearby agricultural lands are anticipated. 7-202: Wildlife Habitat Areas With no new disturbed areas, no additional impacts on wildlife habitat areas are anticipated. 7-203: Protection of Water Bodies No waterbodies are identified within the vicinity of the housing facility. As a result, no impact to water bodies are anticipated. 7-204: Drainage and Erosion (Stormwater) As the temporary facility is located on an approved COGCC well pad location, drainage and erosion are required to comply with COGCC standards and regulations. 7-205 Environmental Quality No adverse impacts to environmental quality is anticipated as the site is located on a COGCC well pad location and is temporary in nature. The use of the facility will decrease overall traffic demands. 7-206: Wildfire Hazards The site plans were reviewed by the Grand Valley Fire Protection District with no additional comment generated. The facility is not located within a "very high" wildland fire susceptibility designation according to the Community Wildfire Protection Plan. 7-207: Natural and Geologic Hazards No significant geologic hazards have been identified on or near the site. 7-208: Reclamation All facilities are to be removed at the end of the permit period. In addition, all reclamation associated with site disturbance is covered by the COGCC reclamation plan and bond. 7-301 & 302: Compatible Design, Parking, and Loading The proposed use is consistent with and compatible with typical oil and gas exploration and production activities. Large areas of the site plan are available for parking, circulation, and loading activities. 7-303: Landscaping As the site is remote and within a COGCC well pad location, the site is substantially screened from public view by vegetation and topography. 7-304: Lighting No permanent lighting is proposed. Any lighting shall be required to meet the County standards for being down directed, shielded, and oriented toward the interior of the site. 7-305 Snow Storage Adequate portions of the site plan are available for snow storage. 7-306 Trails Trails standards are generally not applicable based on the industrial nature of the proposal, remote location and surrounding uses. 8 7-706 TEMPORARY EMPLOYEE HOUSING FACILITIES, MINOR, STANDARDS The Application represents that the facility will comply with all the applicable Standards contained in Section 7-706. The Application contains a variety of documents to support compliance and the following summary addresses key issues. A. Federal, State, and Local Laws and Regulations. Minor Facilities must comply with all applicable Federal, State, and local laws and regulations. The Applicant has provided the Compliance Officer Sign -Off which provides the name and contact information for the individual responsible for ensuring that all Federal, State and Local laws and regulations are followed during installation, operation and removal of the facility. B. Notification of Facility Installation and Removal. The Sheriff's Office and relevant fire protection district(s) must be notified at least 24 hours prior to installation and removal of each Minor Facility. The Community Development Department shall be copied on all such notification, whether hard copy or electronic. The Applicant has stated that they will comply with this notification standard. C. Water Systems. Water systems shall comply with standards set forth in section 7-705.B. Please see section 7-104, above. It is staff's opinion that the proposed system will meet the standards identified in Section 7-705.B. D. Wastewater Systems. Wastewater systems shall comply with standards set forth in section 7-705.C. Please see section 7-105, above. It is staff's opinion that the proposed system will meet the standards identified in Section 7-705.C. E. Clean, Safe, and Sanitary Condition. Minor Facilities shall be maintained in a clean, safe, and sanitary condition, free of weeds and refuse. Any hazardous or noxious materials that must be stored at the Minor Facility for operational or security reasons must be managed in accordance with all applicable Federal, State, and local laws and regulations. The Applicant has stated that they will comply with these standards. 9 F. Trash and Food Storage. Wildlife -proof refuse containers must be provided for trash. Outdoor food storage is prohibited unless facilities are provided that prevent the attraction of animals to the Minor Facility site. This facility is to be equipped with bear proof container(s). Refuse will be emptied by a refuse hauler at least once per week and disposed of at a Garfield County landfill or other permitted facility. G. Fire Protection. 1. Provisions for giving alarm in case of fire and fire suppression must be installed per fire codes and as required by the fire protection district. 2. Single -station carbon monoxide alarms must be placed in each Manufactured Home or Recreational Vehicle unit. The Applicant has stated that they will comply with these standards. In addition, the application has been reviewed by the Grand Valley Fire Protection District. H. No Domestic Animals Allowed. Domestic animals are prohibited. The Applicant has stated that they will comply with this standard. I. Removal of Facility. Within 10 days following the expiration or other termination of the Land Use Change Permit or represented date of removal identified within the Land Use Change Permit, all housing structures, foundations, and associated infrastructure shall be completely removed. The Operator shall provide the Director with photos, dated and signed by the Operator's compliance officer, indicating that all housing structures, foundations, and associated infrastructure have been removed within the specified timeframe. The Applicant has stated that they will comply with these standards. V. ADDITIONAL STAFF ANALYSIS 1. The Applicant has provided all necessary public notice. No public comments were received. 2. All standards relevant to a Minor Temporary Employee Housing Facility have been satisfied. VI. SUGGESTED FINDINGS 1. That proper public notice was provided as required for an Administrative Review Land Use Change Permit. 10 2. That for the above stated and other reasons the proposed Land Use Change Permit for the Linn Operating L-15 Temporary Employee Housing Facility, Minot is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 3. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 4. That with the adoption of conditions the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. VII. RECOMMENDATION The following recommended conditions of approval are provided for the Directors consideration. 1. Temporary Employee Housing Facility. During times of housing shortage or in remote locations, the use of Factory Built Nonresidential Structures (as defined under C.R.S. § 24-32-3301, as amended, and Resolution #35 of the Colorado State Housing Board) utilized for a period of time not longer than 1 year or as otherwise specified, for workers who are engaged in commercial, industrial, mineral extraction, or highway operations and who are needed to support the proper execution and safety of the related operations. Temporary Employee Housing, shall not include Recreational Vehicles, except in a Small Facility. 2. Minor Temporary Housing Facilities, also referred to as "Minor Facilities," shall have all of the following basic characteristics: a) The Minor Facility and any associated infrastructure must be completely contained within a State or Federally -permitted parcel (i.e. COGCC-approved oil/gas well pad) in which reclamation and revegetation are secured with the permitting agency (Permitted Site); b) The Minor Facility is located at the Permitted Site for less than a cumulative of 1 year; and c) The Minor Facility shall have occupancy of 9 to 24 people who are employees, contractors, or subcontractors of the operator and are supporting the proper execution and safety of the related commercial, industrial, extraction, or highway operations. 3. The Minor Facility shall adhere to the following Minor Permit standards: a) Minor Facilities must comply with all applicable Federal, State, and local laws and regulations. 11 b) The Sheriff's Office and relevant fire protection district(s) must be notified at least 24 hours prior to installation and removal of each Minor Facility. The Community Development Department shall be copied on all such notification, whether hard copy or electronic. c) Water systems shall comply with standards set forth in section 7-705.B. d) Wastewater systems shall comply with standards set forth in section 7-705.C. e) Minor Facilities shall be maintained in a clean, safe, and sanitary condition, free of weeds and refuse. Any hazardous or noxious materials that must be stored at the Minor Facility for operational or security reasons must be managed in accordance with all applicable Federal, State, and local laws and regulations. f) Wildlife -proof refuse containers must be provided for trash. Outdoor food storage is prohibited unless facilities are provided that prevent the attraction of animals to the Major Facility site. I. Provisions for giving alarm in case of fire and fire suppression must be installed per fire codes and as required by the fire protection district. II. Single -station carbon monoxide alarms must be placed in each Manufactured Home or Recreational Vehicle unit. g) Domestic animals are prohibited. h) Within 10 days following the expiration or other termination of the Land Use Change Permit or represented date of removal identified within the Land Use Change Permit, all housing structures, foundations, and associated infrastructure shall be completely removed. The Operator shall provide the Director with photos, dated and signed by the Operator's compliance officer, indicating that all housing structures, foundations, and associated infrastructure have been removed within the specified timeframe. 12