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HomeMy WebLinkAbout1.29 NTC ResponseNTC Response Ursa Operating Company Battlement Mesa Land Investments Major Impact Review Application Battlement Mesa PUD Phase I BMC D OAProject No. 014-1829 ON,OLSSON ASSOCIATES NTC Responses All documents referenced in the following NTC Responses have been incorporated into the appropriate sections of the application. 760 Horizon Drive, Suite 102 TEL 970.263.7800 Grand Junction, CO 81506 FAX 970.263.7456 www.olssonassociates.com THIS PAGE LEFT BLANK FOR TWO-SIDED DUPLICATION. O LSSO N ASSOCIATES August 10, 2015 Fred Jarman Director Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Letter of non-technical completeness: Special Use Permit application for Battlement Mesa PUD Phase I BMC D Pad for Extraction and Processing of Natural Resources Dear Fred: Thank you for the quick completeness review of the Special Use Permit for Ursa Operating Company's (Ursa) Battlement Mesa PUD Phase I BMC D Pad. This letter serves as a response to your NTC questions. Items are addressed from both the BMC B NTC letter dated July 1, 2015, and the BMC D NTC letter dated July 8, 2015. Response to BMC D NTC Letter dated July 8, 2015 1) Surface Use Agreement (SUA): The application contains a SUA; however, it appears to be outdated and reflects a prior parties to the agreement such as Antero Resources. Please submit a copy, redacted as necessary, of the current and binding SUA. Response: A copy of the Ursa's amendment to the Surface Use Agreement (SUA) is included with this submittal. A copy of Ursa's Assignment and Bill of Sale is included with this submittal. 2) In the narrative describing the production phase of the pad, please clarify how many truck trips are expected to visit the pad to collect produced water as well as hydrocarbons. Further, please describe the nature of the combustion unit. Response: Ursa expects that the site will be visited approximately once every one or two weeks to collect hydrocarbons. Produced water will be transferred via pipeline to an injection well for disposal. Produced water will be trucked to disposal facilities only in the event of an upset condition on the pad or along the pipeline. The combustor is a self-contained unit averaging 4 ft x 4 ft x 10 ft that combusts potential volatile organic compound (VOCs) emissions generated from the produced water or condensate tanks. These are authorized by the Colorado Department of Public Health and 760 Horizon Drive, Suite 102 TEL 970.263.7800 Grand Junction, CO 81506 FAX 970.263.7456 www.olssonassociates.com Fred Jarman Page 2 Battlement Mesa PUD Phase I BMC D Pad Special Use Permit August 10, 2015 Environment (CDPHE) as an effective emissions control device. VOCs are piped to the combustor from the production tanks. Once they reach the combustor, they are burned off with a destruction efficiency of 95 to 99 percent in accordance with CDPHE regulations. Combustors are equipped with an auto ignition device to keep the pilot light burning. The combustor to be used on this site has an internal flame so there is no visible flare when it is in use. 3) What is the intended plan for disposal of drill cuttings from the well drilling program? Response: Cuttings Sampling and Stabilization: Both surface and production hole drill cuttings will be generated at each well pad. Raw cuttings (not stabilized) will be sampled and profiled at the location of generation in accordance with Ursa's Waste Management Plan. Once the raw cuttings are sampled, they will be stabilized (absorption/removing liquids) in a temporary area on the well pad. The cuttings will be stabilized using either native soils (preferable) or a commercially available inert adsorbent (sawdust, EZ Stabil, etc.). In some cases, relocation of cuttings to another location during drilling would be required due to the small pad size permitted by the previous operator. If the volume of cuttings on the well pad during drilling exceeds the capacity of the on-site temporary area, limits operational capabilities to complete drilling, or creates safety concerns, a Colorado Oil and Gas Conservation Commission (COGCC) Sundry Notice (Form 4) will be submitted for approval to relocate the cuttings to another location pending the results of sampling analytical results. Cuttings Management and Disposal: If sampling results for either surface or production hole cuttings meet COGCC Table 910-1 standards, they will be treated as non -waste (essentially soil material) and will be managed under one or more of the following options: 1) remain on site for pad stabilization/reclamation; 2) be relocated to another location for pad stabilization/reclamation; 3) made available as fill material to the general public; 4) be relocated to a COGCC approved cuttings management facility; or 5) disposed of at an approved waste facility. Options 2 — 4 would be in accordance with a COGCC approved Sundry Notice (Form 4). Disposal at an approved waste facility would be managed for Item 5 under an approved waste manifest in accordance with CDPHE regulations. If cuttings don't meet standards, then Ursa will implement one of two options: continued mixing to meet Table 910-1 standards for beneficial reuse/relocation or transport to an authorized waste facility in accordance with Federal and State (COGCC/CDPHE) regulations, including manifesting. Final decisions will be based on site-specific operations logistics. 4) Please clarify if the drilling program includes cementing the casing to the bottom -hole location for the wells on both B and D pads. Response: Ursa will comply the COGCC Rule 317 regarding casings and cementing. Explanation of general drilling operations will occur during the public meeting process prior to the Planning Commission hearing. Ursa also will be prepared to address additional questions related to their drilling and production activities during the public hearing process. Fred Jarman Page 3 Battlement Mesa PUD Phase I BMC D Pad Special Use Permit August 10, 2015 5) The Site Plan: Section 4-203(D) requires that the legal description be included in the site plan. This was included; however, it refers to a "parcel" size of 7.02 acres. The application contains conflicting information as to the actual size of the "site easement" where the pad is to be developed as opposed to the size of the property. Please clarify. Response: The Site Plan drawings have been revised to reflect the project site easement of 7.0272 -acre area within the larger 1248.87 acre parcel. Please see revised Site Plan included in this submittal. 6) The Site Plan: While the project is to be located in the Battlement Mesa PUD, please reflect the sub zone district which the pad is to be located. Response: The Site Plan drawings have been revised to reflect the fact that the BMC D pad is located in Zone District Low Density Residential (LDR). Please see revised Site Plan included in this submittal. 7) Grading and Drainage Plan: Section 4-203(E) requires the site plan to identify soil stock pile locations, construction schedule, and cost of soil erosion control measures. Please clarify. Response: The Grading and Drainage Plan has been updated to identify how the topsoil is being used rather than stockpiled. The anticipated construction schedule start will be in the second quarter of 2016. Construction start is dependent upon weather conditions. Grading and/or construction sequence, including the installation and removal of erosion and sediment control measures, and the estimate duration of exposure of each area prior to the completion of temporary erosion and sediment control measures will follow Ursa's CDPHE approved Stormwater Management Plan and Permit and COGCC Rules for interim and final reclamation and the SUA. The cost of the soil erosion control measures is $10,000. 8) Noise: the application states that Ursa Operating Company has a response program in place to manage odor complaints. Please provide more details as to how that program works. Does this same program apply to other nuisances such as odor, etc.? Response: If a nuisance complaint is received on a location for noise, odor, dust, or other nuisances, Ursa's standard operating practice is to respond to each complaint as soon as possible. The person receiving the complaint, usually the Landman, gathers as much information (such as wind direction, time, duration, strength, nature of odor or noise, etc.) about the issue as possible. This information is relayed to the operations leads who begin to determine the source of the issue and what may be causing it. Once the root cause of the issue is identified, the team determines mitigation efforts that will help remedy the concern(s). The land team follows up with the stakeholders on the effectiveness of the mitigation efforts and adjustments are made as necessary. All complaints are logged and tracked to improve Ursa's overall best management practices (BMP) performance on existing and future assets. Fred Jarman Page 4 Battlement Mesa PUD Phase I BMC D Pad Special Use Permit August 10, 2015 9) The WestWater wildlife report notes that the western yellow billed cuckoo is listed as "proposed threatened". While there is no known designated critical habitat in Garfield County, the species has been listed as Threatened by the US Fish and Wildlife. Please adjust the report accordingly. Response: WestWater's Impact Analysis has been revised to show the western yellow - billed cuckoo listed as Threatened. A revised copy of the report is included in this submittal. 10) Water: Section 7-104(B) requires a demonstration of the legal and physical adequacy of the water source. The application notes that water will be provided by two primary sources for drilling and completion activities including Battlement Mesa Metropolitan Distract as well as Stallion Well Services via a contract with the Town of Silt. While there is documentation that both entities can provide the water, additional information is required to demonstrate they have the legal and physical capacity to provide the water. A statement provided by a qualified engineer indicating there is capacity (legally and physically) will suffice. Response: Water use for this proposed well pad is temporary in nature. Once all of the wells have been drilled and completed, there will be no additional need for water at the site. Copies of additional documentation regarding legal and physical adequacy of the water sources for the Town of Silt and Battlement Mesa Metropolitan District are included in this submittal. 11) During the pre -application conference there was much discussion on the importance, as evidenced by the Board of County Commissioners, of addressing the 78 draft recommendations contained in the non -finalized Draft Health Impact Assessment (HIA) commissioned by Garfield County through the University of Colorado School of Public Health. Please provide a response to the recommendations provided in that document. (Recall, on May 2, 2011, the Board of County Commissioners ended the HIA before it was completed, but stated they intended to use the draft in their decision making for a land use application for natural gas development inside the PUD. Minutes of that meeting are attached for your review.) Response: A matrix addressing Ursa's response to the HIA will be submitted as an Exhibit during the Planning Commission Hearing. 12) Section 7-102 (Standards) of the County's Land Use and Development Code requires a demonstration that the proposed land use (extraction and production of natural resources) is in general conformance with the provisions of the County's Comprehensive Plan 2030. This Plan notes the PUD is designated as an "unincorporated community." Please provide more information as to how the project generally conforms to the provisions in the Comprehensive Plan. Response: See revised Standards Analysis included with this submittal. Fred Jarman Page 5 Battlement Mesa PUD Phase I BMC D Pad Special Use Permit August 10, 2015 13) Under the "Figures" tab, Figure ALU -1 appears to show a different pipeline route than the other site plans. Please clarify. Response: The Battlement Mesa PUD Phase I Pipeline route is accurately depicted in the Site Plan included in the Pipeline SUP/Grading Permit section of the application. The pipeline has been removed from the ALU -1 map. See revised Figure ALU -1 included with this submittal. 14) In the pre -application conference, there were several sections of the 1979 Land Use Resolution that have standards that apply to this project. (I have attached them to this letter.) Please provide a response to each of them specifically. Note, this applies to your response to the NTC letter for the "B" Pad as well. Response: See revised Standards Analysis included with this submittal. 15) Regarding Notice, please complete and sign the affidavit (attached) for the Planning Commission and the Board of County Commissioner hearings to verify notice. This also applies to the "B" Pad and the pipeline application. Additionally, please provide a statement as to how the mineral rights research was conducted and how the names were acquired. Response: Noted. We will forward the affidavit with documentation of the noticing, when all noticing is complete. Response to BMC B NTC Letter dated July 1, 2015 2) Proposed Well Count/Well Life Expectancy: The application contains conflicting information as to how many wells are to be drilled (25- 28) on the B Pad and what the life expectancy (20 years - 30 years) is for the wells. Additionally, based on the narrative, it appears there will be three drilling "events" to achieve full development of the pad. Please clarify. Response: The Traffic Study provided in the original submittal indicated, "Ursa Operating Company, LLC (Ursa) is proposing to construct two well pads that will host between 25 and 28 production wells on each." Ursa intends to drill 28 production wells on the BMC D pad. The complete application submittal has been updated to reflect the correct number of production wells. The life expectancy of the wells may range from 20 to 30 years. Because the pad size has been minimized in order to limit the overall surface impacts, the proposed 28 wells will be drilled and brought into production over the course of up to three drilling events. Each drilling event consists of a drill rig delivery, installation, and drilling of up to eight wells. The rig will then be moved to another location while these wells are completed. This is necessary because the size of the pad is restricted by the SUA. The pad is not large enough to drill and complete wells at the same time. Throughout the life of the wells, smaller workover rigs may be brought in to clean-out and maintain the wells. Fred Jarman Page 6 Battlement Mesa PUD Phase I BMC D Pad Special Use Permit August 10, 2015 4) The vicinity map (4-203(C) technically is required to show all lands within three miles of the site. Please adjust the map to capture those lands. Response: A new Vicinity Map showing a three-mile buffer is included in this submittal. Please let us know if you have any further questions or need additional information. Sincerely, Lorne Prescott Senior Scientist Attachments: Surface Use Agreement Amendments Assignment and Bill of Sale Vicinity Map Site Plan, Revised Sheets D2 and D5 Revised WestWater Impact Analysis Letter from Town of Silt Letter from Battlement Mesa Metropolitan District ALU -1 — Adjacent Land Uses Map Revised Impact Analysis Revised Standards Analysis cc: Ursa Operating Company Garfield County July 8, 2015 Lorne Prescott & Tilda Evans Olsson & Associates 760 Horizon Drive, Suite 102 Grand Junction, CO 81506 RE: Letter of non-technical completeness: Special Use Permit application for Battlement Mesa PUD Phase ! BMC D pad for Extraction and Processing of Natural Resources Dear Lorne and Tilda: Thank you for taking the time to walk me though the Special Use Permit application for Extraction and Processing of Natural Resources for the "D Pad" proposed to be located inside the Battlement Mesa Planned Unit Development (PUD). I have had an opportunity to conduct a review of that application for technical completeness against the submittal requirements outlined in the Garfield County Land Use & Development Code of 2013, as amended and the applicable provisions of the Garfield County Zoning Resolution of January 2, 1979 and amendment thereto in Resolution 79-132 as stated in the Battlement Mesa PUD. As a result of that review, there are a few areas where additional information is needed before the application can be deemed technically compete. These items include: 1) Surface Use Agreement (SUA): The application contains a SUA; however, it appears to be outdated and reflects a prior parties to the agreement such as Antero Resources. Please submit a copy, redacted as necessary, of the current and binding SUA. 2) In the narrative describing the production phase of the pad, please clarify how many truck trips are expected to visit the pad to collect produced water as well as hydrocarbons. Further, please describe the nature of the combustion unit. 3) What is the intended plan for disposal of drill cuttings from the well drilling program? 4) Please clarify if the drilling program includes cementing the casing to the bottom -hole location for the wells on both B and D pads. 5) The Site Plan: Section 4-203(D) requires that the legal description be included in the site plan. This was included; however, it refers to a "parcel" size of 7.02 acres. The application contains conflicting information as to the actual size of the "site easement" where the pad is to be developed as opposed to the size of the property. Please clarify. 6) The Site Plan: While the project is to be located in the Battlement Mesa PUD, please reflect the sub zone district which the pad is to be located. 7) Grading and Drainage Plan: Section 4-203(E) requires the site plan to identify soil stock pile locations, construction schedule, and cost of soil erosion control measures. Please clarify. 8) Noise: the application states that Ursa Operating Company has a response program in place to manage odor complaints. Please provide more details as to how that program works. Does this same program apply to other nuisances such as odor, etc.? 9) The WestWater wildlife report notes that the western yellow billed cuckoo is listed as "proposed threatened". While there is no known designated critical habitat in Garfield County, the species has been listed as Threatened by the US Fish and Wildlife. Please adjust the report accordingly. 10) Water: Section 7-104(B) requires a demonstration of the legal and physical adequacy of the water source. The application notes that water will be provided by two primary sources for drilling and completion activities including Battlement Mesa Metropolitan Distract as well as Stallion Well Services via a contract with the Town of Silt. While there is documentation that both entities can provide the water, additional information is required to demonstrate they have the legal and physical capacity to provide the water. A statement provided by a qualified engineer indicating there is capacity (legally and physically) will suffice. 11) During the pre -application conference there was much discussion on the importance, as evidenced by the Board of County Commissioners, of addressing the 78 draft recommendations contained in the non -finalized Draft Health Impact Assessment (HIA) commissioned by Garfield County through the University of Colorado School of Public Health. Please provide a response to the recommendations provided in that document. (Recall, on May 2, 2011, the Board of County Commissioners ended the HIA before it was completed, but stated they intended to use the draft in their decision making for a land use application for natural gas development inside the PUD. Minutes of that meeting are attached for your review.) 12) Section 7-102 (Standards) of the County's Land Use and Development Code requires a demonstration that the proposed land use (extraction and production of natural resources) is in general conformance with the provisions of the County's Comprehensive Plan 2030. This Plan notes the PUD is designated as an "unincorporated community." Please provide more information as to how the project generally conforms to the provisions in the Comprehensive Plan. 13) Under the "Figures" tab, Figure ALU -1 appears to show a different pipeline route than the other site plans, Please clarify. 14) In the pre -application conference, there were several sections of the 1979 Land Use Resolution that have standards that apply to this project. (I have attached them to this letter.) Please provide a response to each of them specifically. Note, this applies to your response to the NTC letter for the "B" Pad as well. 15) Regarding Notice, please complete and sign the affidavit (attached) for the Planning Commission and the Board of County Commissioner hearings to verify notice. This also applies to the "B" Pad and the pipeline application. Additionally, please provide a statement as to how the mineral rights research was conducted and how the names were acquired. This letter also serves as a Director's approval for the request made in the application to waive two specific submittal requirements which include the Improvements Agreement and the Development Agreement. (Also note, Section 4-101(B)(2)(a) of the 2013 Land Use and Development Code, as amended (LDDC) requires the Applicant to correct the application deficiencies and become technically complete within 60 calendar days of this letter or the application shall be considered withdrawn.) I look forward to working with Olsson & Associates, Ursa Operating Company, and Battlement Mesa Partners in the processing of this application. Do not hesitate to call / email me with any questions you have regarding the contents of this letter. Very truly yours, Fred A. Jarman, AICP Director, Community developmen Department frediarman@garfield-countv.com 970-945-8212 (office) 970-987-1811 (cell) Cc Robert Biel!, Regulatory and Environmental Manager, Ursa Operating Company Eric Schmela, Authorized Agent, Battlement Mesa Companies Kirby Wynn, Garfield County Oil and Gas Liaison Joshua Williams, Garfield County Environmental Health Manager Attachment(s) Minutes from the Board of County Commissioners regarding the H1A on May 2, 2011 and May 16, 2011. A link to find the same is located here: http.jfwww.garfield countv..corn/bard cornmisslonersidocumcnts11011. Book of Minutes for website.pdf Criteria/Standards from the 1979 Land Use Resolution (from pre -application conference) Cg ^I/lis nrmirsioner Samson I'm rum against anyone having ther say The staff has testified that the application is complete Con. •rsto erJankovskv I hear what the neighbors am saying and I have some of the same questions myself Davin has tertifi today m his is not for commcrzias use and I understand they are saying that when you have 40 horses and 3 trainers is it o commercia M for the ADU it meets everything within our Code 1 don't flunk we need a public heanng 1 nm so understand who - neighbors arc saying but I have to agree with stalTat this point. Chairman Marlin - built in the flexibility to allow the citizens, the concerted neighbors to fro ahead and re- " r a public hearing on the subject even Ihau t passed all the muster and the recommendationa h gives them the opponunity heard, to make their mote -meth on record and that . -. of the code as well We can call up any approved item from the di .- r or the plannink director and say we would like to hear it . ill Commiuioner.lanhonily - If we 6'0 bile hearing the neighbors are going to ask if this is a -. •taenial facility Chairman Marin -No, we cannot hear t- ' -way about the born, it would only be about t DU, the use of that, how it is constructed, the ISDS water conditions and se questions answered on record in f of the Board of County Commfssioners.11 could change the director s dcsrsran That s thea that we have CommiuiorterJaikor*j' - My feeling on the public . ng is that it would c. _ . about the ADU and it mew our building requirements. As a Conunissiarte .1 have 10 srrppon and .w those ado Commissioner Martin -1 need a motion one-way or the other_ Commissioner Samson -I'm not against having people come. say t they need to say but the building they don't want b_ilt has already beat built I have no =on to disbelieve cur staff. MOTION: Commissioner lankovsky 1 II make a motion that w allow the directors n regarding a general admrnistratty^_ land use change permit for an accessory dwelling unit to ted as 5644 County Road 1 Commissioner Samson Second Commissioner Jonkovsky .1f this does into a commercial venture then the neighbors . to bring that to our attention as a code violation. Commissioner Samson - Fred you explain that process; fees say that's what happens Fred lannnn -That process - • ws the same scenario that any other zoning violation would fellow. 1 became a commercial vconae then it gels cams - se with the zoning code. We would process the claim and (fit were true, we wou • 'ng the property owner through o , . notation pro1am. In that tie, they would then revert to private use ar this would conn forward into the district court. s In your zoning enforcement framework. Chairman A • . n - There is a motion is on the tabic to follow the recommendation of staff and not have a public hearirn .. All in , Samson -aye ienkovsky - aye Opposed -Marin -aye Martin - I think that the public needs to hear even though it may be the sure thong and I dunk it's a platform that they ,tiled to and sorry guys. you re not going to get that chance • Discussion re: Professional Services Agreement with University of ColoradofCotorado School of Public Health -Jim Rada This document was recorded May 3, 2010, reception number 785540. • Reconsideration and Direction to staff re: First Amendment to Professional Services Agreement with University of Colorado/Colorado Schaal of Public health This document was recorded May 25.201 I. reception number 800538. Chairman Atartfu - Today we have o discussion on should the contract with the Colorado School orPublic Health contract be extended for an additional pend We contacted the health department and made one extension. Since then we've had revisions, additi lna1 comments Guns various individuals, groups and the oil and gas companies. The question is do we wont to extend the contract. Jima Rada - The board did extend the public comment period, which ended the week of April 27, 2011. The board has received today a stack of reports from Antero Resources, their consultants and attorneys, I have additional comments received from the Colorado Department of Public Health and Environment as will as a number of citizens from the Battlement hlesa Community. The contract extension with the University is over. What we ore here today to talk about how the board wants in piecede in teres of finalization of the HIA and/or extension of contract KO= is the direction the board wants to go This is in front of the Board today in determining if the contract should bo extended for a second time. Commissioner Jamkotsky-We met with Dr. Winer and Dr. Adipse. Both fell it was time to put to this to study to rest, not come back and try to answer all the comments. I ogre with them The issues with the HIA are ones that 1 feel comfortable being able to mitigate all those items Jim Rada - Dr Winer via telephone is present for this discussion. CommissionerJan*atsky - Dr. Winer, I captained how the Board hada meeting with you and Dr Adgate.1 agree this HIA needs to end and look at the next steps. Dr. loner -1 think the draft HIA provides information that will be useful to the Commissioners and we have fulfiller what you were hoping we could provide to you and dm public In the droll HIA, you have a good amount of information to proceed to the next steps. Chairman Martin - This is a highly emotionally charged document Iel's just put it right where it is People who will want to read n wilt interrupt it ole way they woo to mad it. This is way beyond the scope ofour Contract with the School of Public Health. This is land use dm -anent; it is to assist the County in mitigating any adverse conditions on a land use issue. However, this HIA has gone rational into other arras and some arenas. This is not what the intent of the contract was to do. rather it was Intended to help our citizens learn facts and for us to make a determination on a land use issue. The board has extended the time and the longer we corulnue it, more comments will be received an both sides antis issue making it a never.ending document. We have enough information in the draft HIA to base our decisions an. issues regarding health fall on Jim Rada's shoulders We cannot rewrite the state and federal statutes. Jim Rada - I have been involved with this project now for 1 "h years or more. I oppreciate the fact that the Commissioners took the opportunity to try to incorporate health into a land use de ision•making process. The design of this project was really about helping incorporating health -based decisions into the County's land use decision authority Yes, it did go national because this is a national [sine. Many people arc interested in what the Board has dame; however, how this gets applied in other placrs is not our decision. As with most laws, them arc differing opinions. This draft HIA is information that will support the use of best management practitts. The intent of this HIA document was not intended for the Board to adopt everything verbatim. It was sinned because there was a pending lard use appheauon in the Battlement Mesa area. Thai application has never been received so we re in a position where we were trying to access the impacts ofa project Ilial has not leen submitted We don't know what the intentions of the applicant will be Chairman Martin - Whcn a land use application is submitted, this Board has to look of the legality of each one of those requirements, whatever is subject to be clallcngcd. Commlulonerlankovsky - Thanked Dr Witter far the work done on this; It has been a very consuming project Dr. Winer thanked the commission for doing the HIA. She egrets with Jim there is value im the document and in the recommendations_ Sandy Geiser thanked the Board for their past support and she is hopeful they will protide future suppon of the HIA. L, 2 a VI 129 Sherry Brandon currently Lives in Glenwood 'Sprinyn and has a home in Balt/mem Mess Her home in Battlement Mesa is for sale and the was wondered if any of the Commissioners ovoid lake to en: hese it to see wheat u s like to hoe there Her problem is that you are talking about this m being a land use issue; she sees this as a citizen issue and believes the three Commissioner ars concerned about their corstituents and citizens and nos so much the toles of the land use. In the Battlement Mesa PUD, it as she recalls it stated there woadd be no heavy industrial tete but this is vshal s orcumng anti mite oil and gas industry We are concerned about what is in the tracing chemicals and believes it puts the community at risk This HIA is a very imporant document and ape reclaim what the Board has done. Their is truck emetic, dust and scathing of the land, This nukes a big differrnre to people when they ars ening to scone into this arts She suggests the commissioners not only read that but come live in battlement fora while and see what this has done_ Dick Buuhham - Commended the Commissioner, for supposing HIA and ereoutoges them to use it. I also wont the Commissioner to do monitoring on the drilling. Chairman Stearn - That goes luck to the agreement with the Oil and Gas Conoervollon Commission (COGCC) as they made it gaits clear than the docrmnem is for o land use issue toad not so determine a positive or neittve an oil and gas penni is to be issued. COGCC is not bound by this document. Chairman Martin We would hope that we all learn from common sense and apply what we need to be applying This is aribgation and recommendations for the Board to determine if something should go forward. Lamle Robinson - On behalf Mill= Grand Valley Citizens Alliance (GVCA) would really like to we the HIA finished. The HIA was to determine the appropriate conditions of approval fur the SUP in Banlement Mesa when the application is submitted, The Colorado School of Health should help whittle down those recommendations; therefore, GVCA would encourage the Board to continue this conmacI. Dare DrVanney - Ron Galterio has resigned as the co-chair and plans to move out of Battlement Mesa f am here today representing 400 plus residents who signed the petition presented to the Board. I am surprising and disappointing to hear that the HIA won t be completed and urged the Board to consider an extension. Chapman ,ttarrin-This HIA has a life erns aim afiich means ifs o never ending tusk. These will always be another quettian, a comment and =the: way to continue the process. This HIA has driven the amtiotu on both sides We ray never conclude. The other issue is on freeing. Two yean aero the state required all chemicals used on the site rot the Racing process to be posted on the state website site as welt as n s available upon request to disclose those chemicals LikeCoke Cola an industry that has leer around 100 year, plus. They have patented it, the reason being because ager 17 yeah, the poles becomes public knowledge and this is not what they wont - that's their choice I want to woke it very clear them the State EPA and the Health Department issue the permits for oil and gas drilling They know eiactly what s 10 Ibe tracing chemicals Ilya' wish to know those chemicals all you have to do is nab= a request. There's a website an the Colorado Oil and Gas Conservation Costanission that tells the chemicals These sites will give you imine nation on freeing consistent with facts instead of misleedmg information. This Board follows the recommendations but the COGCC issues permits We are working together with the citizens to make it the best we can. Dane- We've beard these comments before but it doter t answer our caacerns regarding the chemicals and formula used Chairman .11artfn• You may not find the actual pioponions of [amulet, bot the chemicals are Listed The Board will take everything that we cos out of the HIA study and stake the best decision possible. Dave - This Board can keep this from becoming a never-ending process, finish the HIA. don't leave it to draft form. Chairman l fault -Thai's a decision this Staid has lo make Commissioner Samson -Much of this hinges on the discussion dealing with freeing. This SWIM is not experts in freeing. Recently, Govemwr Ilickenlooper tame to Glenwood to speak to citizens. Ile is a mined geologist and he stated there is no pmblcm with framing, it's safe and okay to use ha the industry. Dace - He said for the life of me I Can't understand why they don't disclose the chemicals thee) use Commissioner Samson - As Chairman Martin says they may not have the precise motet recipes of what the proportions of each one chemical is and thai is confidemtioh The elte:Mode used in fracdng are recanted and COGCC keeps track of what in there and it s available for public viewing. Dave Governor Hickcaiooper Is a politician. Garfield County nerds In listen to the public health people about facts because this is a critical issue. Dan Gray t! -inked the County Commissioners for letting then be herr today and co otmatded the County Cotnmisssioners for showing leadership through our state and to ow rotten. You may not have thought about it at the time yoti signed the contracts tor the H1A but you took great leadership in finding out the health Impact of oil and gas drill€ng His request is to continue the health impact analysis. He would ask them to go to the met phase and suppon the environmental health monitoring Garland 1l7ilre I was hoping this would be an opportunity since they have received tationoide =mod tion_ Ile was hoping this would be en opportunity for the Commission to continue their leadership in this area I don't believe the final word has been spoken about the dangers of oil lend gas drilling, Ile referenced an enkle in the Discover Maraz.tne. In his opinion of the article, it is a very fair-minded approach to understand the oil and gas dnlling. Joyce rl7ersecretary to the Grand Valley Citizens Alliance. She thanked the Board for their actions regarding the HIA and was hoperul it could be brouglu to a finish form This is a very ratodonal situation with people on both sides. in her opinion. there are not enough facts nail scientific documents for anyone to make an informed decision. Sally Bedford was teat prepared to say anything but after listening to them, l fedi have to say something. Ai what point is tracing material not 0 problem? Chairman Martin - The answer is the County does not issue permits for drilling. We are not in contest of oil and gas drilling or development. that is the State of Colorado and the Federal Government's responsibility Jennifer Beaver representing Ammo Resources Piccnocc Corporation and Ion Black is with her today who is the operations tanager for the Pittance Basin For Anter. Antero really appreciates the opportunity to panteipetc in this process and to speak with the Boat) today Athero wwdd support the Board's decision not spading additional public monies on finalizing the HiA because there arc a ntmrvber of existing plats and practices that address many oldie recommendations in the HIA as well as many existing CDPHE and COGCC regulations. Alamo las provided a strong cnuque on the HIA and indicated the problems that it sees in the HIA Anlero's concerns and believes that ibis Board should oleo be concerned about the manner in which tete HIA may be used outside of this land use process. They have even seen trews articles indicating that it may be used as a model for other IBA sod other regulatory frameworks and nam in civil litigation. Antero does not age= that as drafted the HIA provides a proper foundation for this Board to use in a land nue planning contest with respect to ail and Rs operations in Battlement Mesa And if you do consider it in any way during the land use process. She would ask the Board to consider the other comments both by Antero and die Colorado Department or Public Health when reviewing the HIA Anima's strong critique of the HIA should not be consuued by th i Board or any of the members of the Banlereent Mesa Community as an unwillingness to continue to weak with the community to implement bat mautgunent practices and abide by =Istiag COGCC and CDPHE reguiadiem. Am CM has fully intended to implement best management practices, which lave been developed in pan to address citizen concerns will be € icluded as conditions of permits issued either by the COGCC or by this Board. The comprehensive drilling pian and the Form 2A permit process at the stake, as well as the special use permit process in the County u a more appropriate form through which those mitigation measures can be reviewed and acknowledged Anita can't aper to the recommendations in the HIA regardless because of the fact that the HIA from its perspective is based on largely cxaggrmted and unfounded perceptions of impacts to the public health. Antero would respectfully request the Board derision not to 130 finalize the HIA rather they would request liras the Board Hake clear and acknawtcdgt that the HIA is not complete and that it will remain rn droll form. Antero would respectfully trquesl dot the Commissioners not endorse this implicitly in the draft at this time particularly without having reviewed the additional comments. Jon Black Antero continually suppons the community with the operations and continual communication. There have been over 36 meetings n f which 20 has been public The question arises about Racing chemicals and the elements of that are proprietary. Antero invests their money in exploring new and green technology Ammo continually supports and will suppon via communication on en annual basis. Terry Glararop 1 tome Isom a (amity of farmers and leacher, nurses, skiers and in listening to everything today. The County has invested 5250,000 00 of the money that we've earned and entrusted you all to put to use what this research bnngs. 1 am concerned and disturbed from those who claim they get sick and have to move when there are no documented health issues with oil and gas. The citizens paid n lat of rmney for this rather lengthy document and you guys have o lot on your plates. His plea is that this not be buried or put to rest. This was done by professional hcakh researchers, it is important that we try to understand what they are advising us. Dick &wham - I believe I just heard the Antero camp asking the Board to acknowledge That they just wasted 5250,000.00 on a study I think it is a very good document and it should be finalized. To just toss it is just irresponsible. If should be n final document. Regarding (racing contaminating water or the oil and gas associated injuries or health problems to people, the tobacco industry used that argument for decades. The documented evidence that the tobacco industry made was relined Chairman Martin This Board has no intention of putting this document an the shelf and tgmoring it, rather it will bc reviewed, looked at and the recommendations that an offered will be considered Inhere is a land use issue that comes up, that will be some *Me documentation That this Board will have to refer to. Bab Arrington I will enter into the record the thank•yous and the appreciations for the commission taking oaths H1A. 1 recommend we do finish the project that we stared, particularly with the envimnmenral aspect of it in the testing programs. Implementing any of the affects of this HIA would go through the land use requirements and pointed out that it could be lost in WI these rtes and regulations Another doenmatt that they submitted to Dr. Whiner and the Battlement Mesa Concerned Citizens is we believe the county has the tahonty and tete responsibility to adopt the HIA recommendations as conditions of opproval for Ammo's SUP application COGCC Rule 201 substantiates this position stating; 'nothing in these rules shall establish, alter impair, or negate the authority of local and county government to elate land use mimed to the oil and gas operations as long as such regulation is not operational rn operational conflict with this act or the regulauans forested render there- That allows the count) a lot of leeway. I would reference you to ere LaPlata Section 90 to help aid you in any direction you may give. Chairman Martin The LaPlata recommending conditions have been reviewed in the industry standards and operational review process. Each one of those have been incorporated in out Unified Land Use Code and review process. Bob - This does give something to compote loo and used as boilerplate Chairman Alarrin -Garfield County s rules and regulations are Hat specific like LaPlata County but we have rules and regulations that apply to 011 industry and not just oil and gas. Dave Lndhrm - Executive Director of the West Slope Colorado 011 and Gas Association. 1 want to respond in the issue and comments on freeing. New *Wishes have been anted by two n n.imdustry third party entities, the Groand Water Protection Council and the 10/GCC and null of the things brought forward about &racing. This is not related to the HIA but I would encourage people to look at the websites Than two entities ate doing wsbinars all around die country Mesa Slate College is going to be hosting one and he would entourage the Colorado Community College in Rifle to do the same. The tracing concerns Mihse themselves into issues that should be looked at separately These webs:es address many of the issues That people brought up today in tains of what kind ofchemicals are used, the percentages and listing out all it constituents individually. While not relevant to the RIA, however, this issue today regarding !racing is something I think concerned citizens need to look at before making these broad generalizations about the lack of information and the lack of availability of information. Chairman Afarrin -The BLM has the same type ofapproach, website, and information so does the Oil and Gas Convusauon Commission, Sale of Colorado. There are marry wcbshas that sou eon do research. Jim Rada - That are some decisions/questions that need to be answered with regard to your final decision. This is in tests of how we end the contract, acknowledgement of the scope of work, the completion oldie =jerky of the scope of work, and the acknowledgemam of this Board that there are grain hems that were teff unaddressed on the original scope of work for the contract Dr. U7ritter-They appreciate that health Is being considered in this decision and while the docunhents in droll form, itis near final We believe the recommendations are in the hest public interexL Chairman Alardin - Decision time, do we continue the HIA contract with the Colorado School of Public Health or allow 11 to end Dad leave i1 as a draft. Cannrissiamer Janlarakj 1 think we can finish the HIA here today by not fiuthcr (binding it 1 do feel within those first 142 pages there are things 1hal can bc implemented. l look forward td working with Jim Rada on these demos. l don't have a comfort level with the air quality look forward w working with Jim more on this concern. The I UA was initially intended for the Bowl of County Commissioners to help us with decisions within the Battlement Mesa PUD. 1 think that data is there and we can look at the safety, healthy and human welt-being antic individuals in Battlement Mesa 1 Just want the concerned citizens to know that this Commissioner docs not think that this has been a waste of roomy and time. however, l think it's time to put the HIA to rest Commissioner Sanson - Well, l would have 10 agree with Tom en Hatay things When we embarked on this journey months ago, we made it perfectly tear as that time that this study and assessment was to be used by Ih1s Bond. It has become a political football used in a political way. I hate to sec that happening. This is on emotional issue but, in the same breathe I must say we have a draft and its many pages long. We will spend a lot of ume using that for whatever land Inc concerns there arc and we'll go forward Ammo has said they have some real legitimate concerns about the IIIA. We have these documents some 270 pages. It will take mea while toga through this. With that being said, l mean we can go on and on and on. What 1 am sa}ing en concluusron u we have a draft and se's something we can use. Bath Dr. Whiter and Dr. Adgale said, take this document, use it and they have said in their judgmnear, since they are the ones who put this doctmau in place, we need to draw this to a close. So I'm saying okay. they have done their job. we've gat it. Let`s go forward We 11 use rt, at ts mat a wase: of time It was never intended to be a waste of time and we will use It to the benefit of Garfield County. Chairman Marvin - All right we need a motion to either continue the existing contract with the Colorado School at Public Health or allow the contract to end keeping the HIA document as o drel MOTION: CammLuionerJairkarsly-111 make a motion not to further fund the HIA and let the document came to on end Commissioner Sanson -Second AIIInFavor. Sanson-aye Martin-aye Jankovsky -aye Chairnran Martin -All right Ms. Dahlgren in rcfcrence to the contract itself; It has expired. It expired on April 30 Does Dr Whiter wish to comment on that issue? Jim Rada -There's a request from the School of Public Health that a leiter be provided to them from the Board of County Commissioners regarding a kw questions or at less a kw specific intim Numberone that the completed work has mel the scope or work with the exceptions or those things that will not be completed, tamely, the final rcpon and the public meetings that were pmt or the scope of work. Secondly, the Colorado School of Public Health has been asked not to complete a final report. Third, Colorado School of Public Health has lean asked not to review, evaluate or respond to the second round of comments Finally, the Colorado 131 School of Public Ikalth has been asked not to give a final presentation to the public Dr Whiter t dant know if }oat have any other items you would like to gild. t would requiter that 1 would be allawcd to draft or generate that letter for you and the Chnittnan, aria review, be able to sign and send it off. Chairman Martin- Dr Whiner would you like to add anything to Jim's commie -so Dr. il'hiter-1 think that is tctactty what we had diseussed earlier. Chairman Martin - We drank you again; thank you for your professionalism and your staff for all the work that you did do. Carolyn Dahlgren-Comrtdssioners do you want that droll letter 0n the Carseat agenda? Jim - Yes. Chairman Martin - Do you want it eons= or do you wish to have it as part of the discussion? Commissioner Samson - No, just put it on the consent agenda, we can look at it and if it's okay well approve I. Chairman Martin- Well see the lamer and tt will he on consent agenda at which time you can take a position to either support it sand it back for rewrite or disagree with it. Commissioner Jankovsky - I want to personally thank the School of Health and Jim Rada. Chairman Martin - Absolutely, this is a Valuable resource. Jim Rada - One final quesiitm just to make stns that 1 am dear from a stalrperspective. The Board has received 277 pages of comments and an additional 30 pages from CDPIIE. Since we have discontinued the HIA project that you do not want to publish all these comments. Chairman Martin -I drink that we can Hake than available, but as far as answcning all these questions, I dant (hunk that we ate going to do that. They're not going to go into the trash can by any means 111 spend many days reading what we have in place on all issues. Jim Rada -My challenge or cancan with that is that by offering all of these comments up without the opportunity for the School of Public Health to respond, at puts them in a difficult position Some of the comments,1 don't particularly agree with them and 1 know that the School of Public Health may not afire` with them. If it's at all passible to =emend to the Baud that vve not publish them 1 don't know this is a public process if that's evert a possibility Chairman Martin - They area public comment and the public Inas a right to go ahead aril take any position they wish on these issues Unless 11 is confidential, it still is public information that can be reviewed, The School of Health, in my belief, does not have to respond to them because their contract is ended. Cammisrioner Jatz,iaysky- Where and how many appendices do we have in the HIA? You can possibly add these as the last appendices and put a disclaimer in front of the appendices explaining what they are aril how we finalized this along with the letter that we am going to write to the School of Public Health Thai way there is a disclaimer there so future Boards tett recognize that Chairman hi art n - And we are not holding anything agairnsr the School of Health or anyone that made comment Dave De Fattuey -1 just wanted to ask about the website. The Garfield County Public Health web page has ail the links to all the docnmaents and 1 think it has been a groat resource fur certainly our cumtnanity and other interested partite. I would hope that the conclusion of this project would be postai on that website and that website would be maintained or at lean hale it accessible for six months or something like that before It gots away so that you know 1 just trate to sex everything that has gone into this disappear like that like it never happened, Chairman Martin -11m is not our intent. Dave. We will keep that on there as long as we can, as long as there is room for such. Also. de later I think to the School of Nralth needs to be on there m well so that people will understand. That webdle stays open. It is a research issue and that continues the discussion that we have. We are not trying to hide anything from anyone. John Colgan - What about the second phsue; Chairman Martin - The second phase of implementation is a discussion with Mr. Rada and those recommendations and what have you are subject Co appruprialiorts and direction. We don't have everything in (hint of us yet. Jun Rada -That's the next step We ate currently discussing the scope of work of the Environmental Health and Monitoring study slat the School of Public Health 1t s likely you will be hearing more about that in the next few weeks. Dr Whiter and I arc discussing this. Proloeol for Adding Imam to Special Meeting Agendas menissioner Samson - last week there was an issue with =Plodding additional items to our special meeting agenda and 11 w es bro _ 1 to my attention as to what the Commissloncn would tike to see occur. Choi Martin - An agenda item requires 24-hour notice of publication. Discussion hold by the Board. Historically, w . ley�l staff has an item that needs immediate mnemien, they call the Commissioners for approval. They in t notify the Admire ► ve Assistant la the County Manager so material cant be gathered for the Board's packet of infonnati However, after discus this issue, it was determined all administtalivc rtafTand departments heads should notify i dministrative Assistant to the County M who would inform the Commissioners and in approval to add it to the sped. . ing agenda. If two of the Commissioners . $1 would be posted and she would paha the information_ Chaimtaa Martin warded to make that the Clerk and Brander at well as legal staffare notifies!. ark rind Recorder is the one who makes stat the public is no - well as the press. Ed mentioned he would be meeting with ministmllve staff mid department heads next he can till them the decision. Commissioner Samson requested this be in o n fotmaL Carolyn suggested after Ed meets with =frond if - is were made then she woo , ring this back to the Roam, Carnmirsioner Samson - Agreed. • Discussion or Afternoon Agenda Format Chairman Martin - At the mutat a decision was made to start L' . , oda at 1:00 pin. and not have public hearings start at 1 15 p m in order to avoid delays. Cary stated 'hal due to the backlog of building and planning.. nos - "nos had been noticed for the 1:15 p.m. time. The backlog has cleated and now staff is noticing everything in the all. + . at 1:00 p Cammisskroer Calendars -Commissioner Samson -1 ,crow we have a w. 'onto covet land fill, procurement and NEIKE Ile asked Tom if he was going to try to go to the oil e. Is it the BLM spontson% is? Commissions Jankovsky -BEA, he dean 1 know why there's another meeting w. went to an open house on Wed. - of Iasi week bun there is. Commissioner Samson guesses he and Tom will beat that m 100 to 4:00 and 6,00 to 9:00 at CMC. C. • ssionerJrtnkovsky - A16:00 port is the EnCura welcome party for the repo. Commissioner Samson - Om Wednesday we . our natural res summit scants at 1:00 rani at the rtew Hurnan Servs - Building Commissioner Samson - On the 10°' ear have the Creek field trip for CR 241 at 2'00 p.m. and then the public • - ing is al 6.00 p.m. in New Castle, which coincides with the Fair Boar. ' at 6:00 but we will all be at the public meeting. red to get that confirmed for field trip and public mating. Chairman Martin - will confirm that tomorrow There w a. loo of people interested in coming to sec wow our decision is because it was a Forest - ice and county issue on the road• t also participation from the City of New Castle and other groups not 10 mention the property o [Idiot doesn't w. will nerd to make it another day if we haven t properly notified everyone II ts a public meeting but t > bilk), to make a lion give either direction or decision on that issue. Again, that is a notification issue and needs to be posting. •,I}n - h is anal meeting rota workshop' Chairman Marvin - That's correct but it has to be properly aorifrrd and if the I0' doer ork all parties ars not able to attend than we and to make another date end post it properly. Jean thinks New Castle is planning on 132 ( CLC/ /17:1 -40) / tel/ 'ommissianer Samson moved to come out of Executive Sessi cn. Commi mar= Janka:sky Second. Motion earned. Hon Taken: Ca ty Attorney Chai Martin - Continue negotiations with the Coumy Attorney and we will make decision neat Monday 1 will cill Phil On issue, t Count) Attorney 3 computer to do a redlined version of the Icier of engagement Lidgaiicn ummary Carolyn -- 0 r the couple of months, the County Anornry°s office has been providing you with a deliberative document f your use. which sat - litigation mine in the County Anamcy's office or through outside counsel Mr Colson from the P ndcpendenl has requested On. give him that information- I need to know if it's all nght with the Board to release the inform . , n this format, which is a deliberat process document. As f advised you, the document is consistent with the federal and state I regarding confidentially and - 'n identifiable information. Commissioner Samson would so move Commissioner Jankovsky Second In favor Jankovsky aye anin aye Samson -aye Cattle Creek Carolyn - This is not action but want to make sure that I have i1 stai d to give information to ad= ' n for the agenda, there are three items you want on next k "s agenda for both Executive Session and public 1) Potential 'pion on Cattle Creek, 2) Consideration of pre -formation expe for the public improvement dtsrrim and you don't want AD Board Meeting, you want a BOCC session, and 3) Legal advice rc Ing the moratorium as well as the public Delon. Chairman Martin We hope to have the formation from the general legislation session, w • eh is Wednesday, May 11, 2010 One way or the other we can make some desire. , tions PUBLIC HEARINGS: ADOPTION OF 2909 INTERNATIONAL F ' E CODE -ANDY SCIIWALL Cassie Coleman and Andy Schwailer were Ordinance No 2011.1 was submitted. Cassie determined if the notice was adequate and dcic 'nation was made the notice and ordinance in full vim published his was presented to the Commissioners on April 18, 2011 a.. initially appm then because the entire 2009 IFC was not published in its entirety, the motion was withdrawn. Andy is back before the Board and explained that The Fire C. • .lion Process was made up of the Building and Planning, the Sheriff ond a representative from cock 'gibe Fire District as wet a representative from the Board. We have been at this since last May, came up with a set of recommendatiara to amend the fire : it tut t much different from the 2003 fire code in effect now, ane large difference is the Airport is included. Commissioner Jankovsky - f-11 just state that 1 am cone about spm. ' tong in resident ial and the cost that it would add to the balding. but that's not for here and now. we'll deal wi + t in a couple . ears Chairman Martin - Each fire district is allowed la . it but Garfield C. ,ly has the baseline and everyone builds offthat one. We're 31.11 going on that premise. have at least mn ' m standards set by the and each Fue Distnet increases it. Mations Commissioner Sanson moved to close the p is honing. Commissioner Jankots Second Motion carried. Commissioner Sanson - I would move far adoption of the 22009international Fire ode by Garfield County. Commissioner Jankovsky - Second. In f• nr. Jankovsky -stye Martin -" aye Samson COMMISSIONER ISSUES: COMM ISSIONER REPORTS; + %1N11SSIONER CALENDARS; APPROVAL OF 1 MUTES; AND COMMISSIONER AGENDA ITEMS Conmtissianer Samson -To . w at 2.00 p m. Elk Crmk Field Trip. Chairman Martin - Our p meeting in New Castle at 6:00 P.M Commissioner Samson - =day, the Satank Bridge Ceremony at I0:00 A.M. and I see that Mr. M . is giving some remarks. Then on Thursday -5, p.m. umil 7:30 p.m. Grand River Hospital District CEO reception. Many W i • . is leaving and James Column is coming i . • tun*, doing the Kiwanis Gal (Tournament in Battlement Mm Claitnnan Martin .'II be doing the Silt Bicycle Rodeo Commissioner nkovsky - Wednesday May 11,1 have a Hea:lh and Human Service Committee Meeting at 10 . A M ;1 have n Garfield CI- Energy Meeting at 1:00 P,M.; on May 12,1 am beaded to Montrose for CCI Coordinator StatusT ".ung_ Chairman anin will be gone the IS, 19 and 20 of May We haves workshop on the Roadies Area. I have some sin reference to this 7 . starts at 9.200 a.m. Com tssionerJannkovsky -Site visit for Cerise Ranch, 51 11.15 a.m. lam covering the LoVA Travel Ribbon cutting for west end of trail which is not connected with the east end of Ilse trail on May 20, 11110 A.M. South Canyon Trail Dedication. roman Martin - ht's going to be the greatest place to set up and take photographs of those railing in the Colorado River T - have a high altitude shots. It's paved. the prolective fence is up and everything is ready to go. ADJOURNMENT MAY 16.2011 PROCEEDINGS OF THE GARFIELD COUNTY BOARD OF COMMISSIONERS GARFIELD COUNTY, COLORADO The regular meeting of the Board of County Commissioners began at 8'00 A.M. an Monday, May 16, 2011 with Chairman John Martin and Commissioner Mike Sanson and Tom Jankovsky being present. Also present were County Manager Ed Green, Acting County Attorney Carolyn Dahlgren and Jean Albericro Clerk & Recorder. Chairman Matin called the meeting to order at 800 A.M ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION PUBLIC COMMENTS FROM CITIZENS NOT ON THE AGENDA Ilealth impact Assessment 11t1A) Study Tresi Houpt -Consultant for Ute Battlement Mesa Concerned Citizens, Leslie Robinson, Dave Devanney and Paul Light were present. Trevi would really like to talk to the board about the Heath Impact Assessment today and the board's decsion riot to fimluze that document. Paul Light read a letter and requested it be placed in the record "Om behalf of the member of Bafflement Concerned Citizens and the more than 400 residents that signed the petition That was presented to you in October' 2009 napresting a heahh study. We request that you reconsider your decision to prematurely terminate the IIIA project. We ask you to reconsideration your decisio n. Rob drrissgron - Read a letter and requested it be put on the record. 142 Dar Great — Urged the Commissioners or= spin to reconsider their decision to not complete the HIA. You started it with the good intent caring for the safety and health oldie citizens of Garfield County. To take 11 this far, spend a quarter ora maltion dollars, then to abandon it. or not finish it and publish it so it i useful is not the right way to do things Tresi — Comments in closing regarding the oath by each of the County Commissioners, which was to protest the safety, health and welfare of all the citizens in Garfield County The health impact elteiStnettr and the reason why we originally made the decision to aper with the 440 people, who signed the petition, to have a health study done in relation to hating :00 wells thrilled within the Battlement community. She further stated her apinion retarding the HIA study and the decision by this Board not to corainuc it Jay Ha}yorni - He also formally requests that the board reconsider their decision. We nerd this HIA In more than jut a draft fonts_ It was storied with the intent to find out the impacts orgs dulling in the Battlement Mesa Community in order to protect our health, stray and wetrme. Discussion by the Board Commissioner Samson — A couple of things he wants people to understand. All three or the Commissioner met with Dr Whiter and Dr. Adgatc individually. Each time the doctors told us this study nerds to end now. Mike questioned them and said there will bc many people that will say that we need to go on and have more comments from the two sides and have the droll in a sinal form. ConrmissionerJankarsly When he met with Dr. Whiter and Dr. Adg31e, they uyosed it was time to put the HIA study to rest. We did talk about air quality and air studies From my standpoint, dam very comfortable regarding the health, safety. ofd wet Luc of the community in Bailment Mesa. We hove the opportunity within a PUD to mitigate water issues traffic issues, dew issues, noise issues, lighting. vibration and social economic issues. ! think Ile thinks they ran militate all those things themselves as we work through the PUD. 1 do have a concern about air quality and this has been discussed that with Dr Adgatc and Dr. Whiter Last Monday the Baud supported an at quality grant through the EPA that's through the Colorado Public Health Department and is to be adminiiiered by the Colorado School or Public health. The BOCC approved and supported that study and if that grant docs not go through os Commissioner Martin stated, we will tal: k upon ourselves to continue to study in order to have a bean understanding or air quality and noxious fumes. The HIA study became so polarized it was not longer efficient or valuable to continue. Commissioner Samson reassured the citizens in Battlertem Mesa that this Bawd will not shelf this study and it will be used. There are many tecommeadafion consisting of volu3ble infonnacon_ The first 144 papa in the draft are items we can use from that study to mitigate impacts if oral when drilling plans are made within the PUD it doesn't have to formalized and cartonized for us to use it I imagine the Grand Walley Citizens Alliance and the Battlement Concerned Citizens group, which Tresi represents will he pouring aver that and bringng to their attention the things that you want to use in that PUD. Trrai— That's the plant. First, when she was on the commission our consultants had said months alo that there should only be is certain amount of public comment and they would respond to those comments. When this Board talks about stopping the process, It is stili In draft form and not a finsl document f intend to agree with people who lave been concerned about the status antic draft red how that could be challenged by people who may no hke the outcome of your conditions of approval There will always be somebody who doesn't like a study. however we intenuonally luted eonsaltams who had no stake in the outcome, medical professionals who arc connected to an old said well-established institution in Colorado Leslie Robinson -1 would concur with Tresi. if we could just go back and correct the typos, do minor editing and call it final then that would be fee. Our group just wants to have the docu uncut finalized,. Ckairmarrt :Varna - The school of health is the one that wants this HIA to end and !cavi it as a draft. They believe they will bc they will Inc sued by both sides or the issue They are not finalizing the draft for what they point the drafl being dull tinged by both their peers and the industry It's not the industry that s being threatening- it's the citizens group calling for recalls because they didn't finish the draft. Clcirly, it was a decision by the School of Health to say it cannot be finished just kava It as a dealt and glean from It what you can. This is what this Board is going to da However, you are going to continue to push, see the editorials and letters to the editor etc calling for drastic action because you don't agree with what we hove decoded This Board's decision was based an the races in front of us Othertivise. this HIA study would last forever answering the questions and eotnn ants from peen and industry, che1lcnging the findings and solutions. This HIA was primarily done fur a land use decision to identify the potentials of /maids That ha been accomplished in suggested mitigation factors That s whet we needed If you want totals it to the legislative branch, standards to be revised by EPA. Department of Health etc then that s a different arena if the School of Health finds something draw. they have the ability to present that to the proper agencies and not the County because we don't have jurisdiction in those arras. This is what Dr. Whitler and Dr Aute told oil three Commissioners and we agreed We are caatinizirg the monitoring on air quality and flares. If evidence from that study is discovered, mkt infor m:mion will be directed in the EPA and the Department of Health As you've heard from hi the and Tans. we believe we have gleaned information that will be Carton used to prevent harm to human beings and the environment One of the issues identified was the pollen from the trees, traffic and fumes from traffic on 1-70 We have no control with fugitive dust from other eowntic and counties We can t do away with air conditioning and bacteria within the wells water os that is an individual responsibility to make sirs the well is treated properly Nor can we do anything about those things people have in their homes. 11 is sou possibly for us to do away with canccn std other health minted illnesses. The School of Health and the Saccomanno Institute base identified every health issue in iiattlenent Moa- Now, i fru want us to do away with oil and gas and all deselopment, the County cannot do that. Lurie - We understand that concept. Chairman Afartth — Nevertheless, you want the gas industry to go away Leslie and you've been pushing that a very long time We haat identified everything we am; we will use that information bard when a land use decision comes forward Tress - I think people have different interpretations of what is being communicated and requested the Board place an agenda item the first week in June No ane who has put time, effort and expertise into a report should not want 11 In draft ream. The information in thc =pan is a good tool for this land use daimon. I would like to have some resolution on this HIA study. Chairman Martin --The final nail For the School of Health were thc lawsuits that were being filed in reference to Aaiun and the health impact study being used to supplement that parucutar claim. Leslie - Lawsuits have alreody been filed Chairman Marlin —Yes, they weir flied in the Denver Coon. Onc o f those lawsuits was a resident in Silt Mess that your group Tretl - That "s tat connected with the impact assessment Opal/man Aladin — ?mit is. Trail - Well, maybe indirectly. Chairman Aland n — That's one of the first things they identified as using for their foundation and the School of Health walked away from that saying that's Silt residents were not included, only Banlement Mesa Tresi -1 know they were looking at Battlement Mesa The Battlement Mesa people would like to have n more formal conversation with the Board and have more information. Commirsionner Samson —Wheal ran for county commissioner ane or the math things 1 wanted to do was try to bring people to the table and work together i realize people do not fee! the same way Thus FHA has become a politica! football that's being kicked all over no mattes what we do as this Board, the School of Health, COGCC or Antero I see lawsuis one after that Who making no difference as to who worn bemuse the other side will cholleage the decision. Therefore, it is an endless genre of a batik both political and legal. Ido 143 nal think it is important that this HIA be finalized to go forward. We con use and will use it when the lime comes for Antero in the BM PUD applicant. Some of the mitigation is the responsibility of the COGGC, they issue the permits. Treat —That's the key ht's very important and sadly some of the best law szotaa1 the development of oil and ims in Colorado has been generated from lawsuits because people haven't leen able to take the brave route and say that there are changes that need to be made if we are going 10 make this a safe method of extracting this than energy. I would still request to have the formal agenda item. The BOCC may decide to rethink having the MIA in a draft form. Micro and their attorneys know that you won't pull every word out of that document and make than conditions of approval. As you said, everybody is going to work together and find the bcst way to move forward. 1 think this is a good faith opportunity to help finish the H1A. Neither my diene nor 1 are asking io do that today; we would Tike to have a more formal meeting on the first week in June. Commissioner Jankovsky — Far this study to be finalized and approved by this Board would mean the School of Public Health go back through the lost 250 pages that were submitted by Antero and about another 50 pages submitted by Colorado Public Health and citizens. Theft the document would be tewaitten. everything explained and it would add another 250 pages or so 10 this document. At that point, it becomes a 1,000.page document, 1 am not convinced it would become finalized at that point. This study become polarized; it is no longer an impartial tool. I will say to Jay. Bob and 13anlcmcnt Mese residents that when Antero submits their drilling plan this Board has committed to look at the health, safety. and welfare of the Citizens of Battlement MCSa. This Board would look ar best practices on every issue from the gas company and that we will take the seven (7) issues that were outlined in the front. This Board will look at each one, address than one by one and expect the industry will do their best, have best practices to mitigate the issues lock ai for the health. safety and welfare of the citizens of Battlement Mm. *Meld Clean Energy Cbatknge—Presentation to Award Wieners—Alice Laird C y Tuttle and Alice Laird with CLEER and G-NECI were present. Gar Id Clean Energy Challenge hosted this event April 25 —29, 2011.11 was a challenge for student. staff and families to walk. bike, cm, .1, and ride the bus. She thanked the sponsors for donating prize money: Garfield Clean Energy Challenge, CLEER, NET, Alpine Bank, US Department of Energy Baru Buildings, RFTA and arficld Clean Energy. The winning schools were: RE -I6 St. John's Elementary in I' place for 51,000: RFSD - Cryst Rivet in'_'r . ce for 3500.00 and RE -2's Highland Elementary in 34 place for 5100.00. Representing the schools were. Jenna Hemphill from John. Kim Hamilton from Crystal River, Melanie Coffelt and Larva Ferry from Highland elementary Clerk's Update: bk Haring: Jan A)berico Special Events Llq r Permit—Applicant; Los Llancros lac. Sponsoring Rodeos and Concerts at the Rising Ilea . Roach Located at 0295 Cue i Road 262, 5111. Hine Event Dates as follows are Planned: May 22, Jane 10,Juoe 131, J 2, July 16, July 22, July 30, Align 13, and September 16 from 3:00 p.m. to 12:00 p,m. —Robert Cuevas, Event Manag ,tad Jean Alberi= Carolyn Dahlgren, Jean Al • 'at, Fred Jarman, Olga Galindo as wail as concerted citizens Linda Dixon and F. Kueasten were pt lent explained this is special ea Silt beginning in May and ending i liquor permit to hold a series of nine runts of the Rising Hearts Rani ember for rodeos and cantata. The request is to have a bar Event Manegrx; Michelle Pfeiffer ow. the property. Carolyn stated the first issue is whether e hove appropriate notice. Jean said. one of my staff members was g.'eg to sap by and pick up the sign. but it wasn't disc I did put a picture in the Board's packets. it - posted May 6 within the I0 -day timeframe a Raub right aft Hwy 6 West of Coal Ridge lit • School. l have not received any comment Commissioner Jankovsky —1 know where Mi .. Pfeiffer's property is located. My q Olga Galindo slated anywhere from one hundmi tt . rte hundred filly. Commissioner Jankovsky — What will they do for -city for the beer areas? Con ar will they have to kap beer in . amt I out aline" Carolyn — No, we juin realized the Chairman had oat swo anyone in. Chairman Martin — Swore in the speakers and asked indorse ere as a challenge t Linda Dickson challenged the posting because the location o clearly i Chairman Marvin — The notice is to be posted so it le visible fro a ti Jean distilled that it has to be viewed from the nearest public road gate marked Rising Heart Ranch. Rnber Cuevas, the ranch manager entrance. Jean petaatted a photograph. Chairman Menlo— At this paint Linda, well Itmmt the challe from a rigluof-way and filled out correctly. leen testified it was fined out correctly. The challenge 1st Linda Dickson —On Highway 6 and 24 the speed limit entrance goes to the property owner's office and it d with this ptopaty. If you are traveling the road dol tot of signs posted such as no trespassing, warnin you try to approach unless you have a specific believe this is a notice that most people wou Commissioner Sanson clarified that Li Linda — Right. However, Michelle has f 24, and Iwo ennui= off CR 262JMi Fred Kuentcn lives on CR 214 and ted at 0295 CR 262 in Ruben Cuevas is the ed on Fnday so she didn't gel sign main gate into the rising Heart r calls about this application. on is how crony people you will draw take their beer and walk around the whole area posting? tad no trespassing. f -way and that has been accomplished road, it can be viewed from Highway 6 and this is Ase Id Jean the place where the posting should be as it was the main ce Jean wan asked uiit was properly posted. it visible it was not pro 5 mph and this is nut t appear 10 go to the rat S5 mpr, it is not a sigh that yo nu are on security cameras, guard to go in there or you made pnor are seen. rues east of Michele's property r entrances into her property One is a north entrance alley Lane. The sign was posted on Hwy 6 & 24 with Linda that they very rarely go down Highway 6 in Peach Valley and roost of the ems they have at Rising Hearts has accessed through CR 21411 house Going 55 mph, one d t have lime to read signs. I think II should have been posted on CR 214 in thearn of Peach Valley - and Cedar Mills knew nothing about these events. Jean — tum not familiar w' 24.1 questioned if iliac canner. posted. commonly used entrance to the Remeh. 1 think that house or the etwance Mai MOO people associate would normally look for. First, Michelle has a gs. amsed guards. so those atcn't driveways gmenu to go in her property_ 1 do not CR 214, one entrants off Hwy 6 & Linda responded. I depends on v.'kt Verne =min' - When they have ev Jean — If Fred K tat would be CR 214 goes to Davis Point ugh the train mare In her lid Valley Lane The people the property toad I was specifically told by the ranch manager to post the sign a main entrance on 6 & as an entmnee off County Road 214 and was told no; however, bosh or you are =yin hat is the main I know if it's the main entrance bud with past events they have been directed into that entre 1 think it use is al the time or what they are trying to accomplish. I think an the entrances are used but 1 d. •'t a lot of of the 6 cit 24. the wean= used is off CR 214. known this. 1 would have posted o sign in both places. Docs that mem if Ihcy have an event they have to came up to Highway 6 and go up through the ley field? to the Baud to determine. Martin — What we ore trying to do presently is seeing if we can open the public hearing in reference to the posting and your testimony_ Therefore, the challenge is the posting on Hwy 6 and 24. Is this satisfactory to this Board or not? I44 GARFIELD COUNTY Community Development Department 108 8a' Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.oarfield-countv.com PRE -APPLICATION CONFERENCE SUMMARY CONFERENCE DATE: September 11, 2015 (Director extended pre -app for 6 months from original expiration of March 11. 2015) PROJECT: "Extraction of Natural Resources" to drill for natural gas within the Battlement Mesa Planned Unit Development (PUD) COUNTY PROCESS REQUIREMENT: Special Use Permit processed via the Major Impact Review process OWNER(S): URSA (Minerals Lessee & Operator) Battlement Mesa Partners (Surface / Well Pad) Battlement Mesa Land Investments (Surface / Well Pad & Pipeline) Battlement Mesa Parcel 5, LLC (Pipeline) Savage (Joan, John, Roy, Marshall& Daniel) (Pipeline) Tonder (David & Mary Ann) (Pipeline) Stierberger (Edward A Revocable Trust) (Pipeline) Battlement Mesa Land Investments Parcel OHS, LLC (Pipeline) Battlement Mesa Golf Course, LLC (Pipeline) Battlement Mesa Land Investments Parcel Fairways, LLC (Pipeline) Lyons (John and Jody & Family Partnership, LP) (Pipeline) PROJECT REPRESENTATIVE: Rob Blell (URSA Operating Company) PRACTICAL LOCATION: Battlement Mesa PUD (Parachute, Colorado) PARCEL(S): "B" Well Pad: 240913406004; "D" Well Pad: 240708100152; Pipelines: 240708100152, 240718418028, 240708100152, 240717100001, 240717100002, 240717100003, 240708400018, 240708400188, 240708100152, 240718100005, 240707109001, 240707400008, 240707400010, 240707400007, and 240707301001 I. GENERAL PROJECT DESCRIPTION Applicant (URSA Operating Company) proposes to extract natural gas that lies below the surface of the Battlement Mesa Planned Unit Development (BMPUD). i The project Includes the development of two well pads ("D" and "B" Pads) and a network of co -located natural gas and water pipelines in the PUD as shown on the draft site plan attached to this summary. This development plan represents the first phase of the development of well pads inside the Battlement Mesa PUD. Note, as the site plan indicates, there are two additional well pads that are anticipated to be developed that are outside the PUD (Tompkins Pad and B&V Pad) and are not considered in this review as they are not located in the PUD and allowed as a use -by -right in the Rural Zone District; however, they will be served by the same pipeline network proposed within the PUD. The pipeline system (co -located water and gas) proposed for this phase will be sized to serve as the gathering system for the future pads anticipated for development in the PUD so that future phases will only consist of pad development. The Applicant is considering including an injection for waste water disposal on one or both pads in the PUD. Injection Wells are not explicitly included as a standalone use in the 1978 Land Use Code and because they are not include in the definition of "Extraction", the Applicant. will need to amend the text of the PUD to include the use as an allowable use (such as a Special Use, Conditional Use or Use -By -Right) in the PUD, then make an application for its development Haul routes for the development of the two pads and the pipelines will primarily be via the Una Bridge, Stone Quarry Road and County Road 300 route. Size of the gas / water lines will range in sizes from 8 inch up to 12 inch depending on the engineering requirements associated with their use. Anticipated ROW widths are 25 ft permanent easement(s) for all associated pipelines/waterlines There is no compression proposed for this phase (or any phase) of the well pad development. Because the two proposed well pads are located on different properties with different ownership, the Applicant will submit separate applications for each location that will all be tracked together in the same process. Additionally, the pipeline network will also need to be submitted in a separate Pipeline Development Plan Application that will also track along with the well pad applications. The proposed process for the applications are as follows: October 20, 2014: Application is submitted to Garfield County November 18, 2014: Deadline for County Staff to render a decision regarding technical completeness of the application December 18, 2014: Anticipated Technically Complete Application determination by the County Staff Jan -- Feb, 2015: Site Visit for the Planning Commission 2 0 February 12, 2015: February 13, 2015: Planning Commission Hearing Planning Commission Hearing (continued from 02/12115, if necessary) Feb — Mar, 2015: Site Visit for the Board of County Commissioners (BOCC) March 17, 2015: BOCC public hearing (likely to be held in Battlement Mesa) March 24, 2015: BOCC public hearing (continued from 03117/15, if necessary) April 7, 2015: BOCC to sign a Resolution of their decision from their public hearing(s) Note, this schedule is a suggested or draft schedule only to be used as a general guide for planning purposes. Actual dates for any public meetings and hearings will be Properly noticed according to state law and the County's Land Use and Development Code. 11. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS (DEVELOPMENT CODE / COMPREHENSIVE PLAN, STATE STATUTES, ETC.) The County approved Resolution 82-121 on May 24, 1982 which provides the zone districts and the uses permitted in each zone district within the BMPUD. "Extraction of Natural Resources° is listed in each zone as a 'special use'. Section 10.0 (SR Supplementary Regulations) found on page 24 provides the process by which the special use is to be administered. This is stated here: 'Where preceding general standards or the following supplemental regulations do not adequately describe what is permitted or required, reference shall be made to the officially adopted Garfield County Zoning Resolution of January 2, 1979, including the zoning amendment, adopted October 15, 1979, (79-132) and to the officially adopted Garfield County Subdivision Regulations ofJanuary 2. 1979, and amendments of October 15, 1979. ' As a result, the County shall require that in order to extract natural resources (drill for natural gas) within the PUD, the property owner (or their designee) shall be required to render an application for a Special Use Permit to the County. This application shall require the owner to demonstrate that they comply with the standards / criteria found in the County's zoning code on January 2, 1979, Including the zoning amendment, adopted October 15, 1979, (79-132). The process for the review of this Special Use Permit application shall be that of the "Major Impact Review" process in the County's Unified Land Use Resolution (LDDC) of 2008, as amended. Further, the County will evaluate and permit each well pad separately; however, they may be submitted and processed under the Major Impact Review process and tracked together. 3 A. Process Based on this, the process for the SUP will follow the process for a "Major impact Review" In Section 4-105 of the LUCD. That process is provided here for convenience as it is found in Table 4-102 and highlighted in the red bold box. Additionally, a process flow chart has been attached for your review. 1111111.116 Sect.^n 4- C.i. Fat:le 4.102' Common I A E3 C U E. F y ' L O © ICA Q12112_ Review Pro-ed.rre ii H r 4• 0 CZ r Ll 1:2 . and Ftequ reel rterlcce =air •? ri1111 4-10' Meal k Proletv 4 ©4 12 112 Ell east= 4 410 tau 6405 .r Q r d Q LaiBCCC i Q cm Was leglrFrifix PCand !MCC MUM liiiii.liill SA III =I lii ELM IN MI lig MINI . .M•1"rriT, -,,PEIM11 WLii n1.lorten•cormyy"rt'-liM1111 rt' -l4111100= B2 oLIMA o 6106 ,; . r _ .r. MN I .0 ig PC BOCC �pQ�. _ _ "r��' R1Or0 4.104 Develop, M 4he 1D3 -Year Malian © v 121212' 0 113. III Oa Pksr 4.110 `•----:'- -" 1313Q12112111B ■■iri ‘ICI 4111 • -e . z, J J d psi Pa .4 d d.. .� LLQ' -_1"- _�L ®cm" upWOFeBOCC , BOCC ��1 111 - __ `•.T.— =Ell - -,1167111 B2 12 CB 12113 11101 .V.:1111111•1 4111 de Cole TedAmromenl ■ , pc PC BOCC DIM '' wM1' e. ,. ,_.. . WAWA K, MAMEI �MIIIMI ICA =Mil IDEA Le ® - . - _• _• ' • • +"PPe l NM MEMMMIIIII•1121111 lealib-K-"zikiiiiiia' IN 12 ancc 112 .12 B. Submittal Requirements: The following submittals shall be required for a Special Use Permit Application. 1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting Information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly andlor monthly basis, and the size and location of any existing and/or proposed structures that will be used In conjunction with the proposed use, and provisions for electric power service and any other proposed utility Improvements. Be specific. 4 0 0 v 2. if you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing the subject property and all public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, private and public, and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the County Assessor's Office. You will also need the names (if applicable) of all mineral interest owners of the subject property, identified in the County Clerk and Recorder's records in accordance with §24-65.5-101, et seq. (That information may be found in your title policy under Exceptions to Title). 6. Submit a copy of the deed and a legal description of the subject property. 7. !f you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. If the property is owned by a corporate entity (such as an LLC, LLLP, etc.) please submit a copy of a recorded "Statement of Authority" demonstrating that the person signing the application has the authority to act in that capacity for the entity. 8. Submit a statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (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. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on 5 the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; 9. Depending on the type of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations] This may include uses such industrial uses [section 5.03.07 & 5.03.08] which are attached. *See the required standards from the Resolution of January 2, 1979, including the zoning amendment, adopted October 15, 1979, (79.132) attached as Exhibits A and B. Any application shall provide responses to these standards that demonstrates the proposed use can meet these criteria t standards. 10.A $525.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 11. Submit 3 copies (and 1 CD or DVD) of this completed application form and all the required submittal materials to the Community Development Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. Ill. CRITERIA The criteria that shall be used to evaluate the project includes the following as referenced in Exhibit A attached hereto as well as the general criteria here from the land Use resolution of 1978, as amended: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved bythe Board of County Commissioners shall either be in place or shall be constructed in conjnction with the proposed use. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use. (3) Design of the proposed use Is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character. IV. APPLICATION REVIEW a. Review by: Staff for completeness, recommendation and referral agencies for additional technical review. b. Public Hearing: c. Referral Agencies: X Planning Commission X Board of County Commissioners It is expected that the application will be sent to the following County Departments and external agencies: 6 0 D > Garfield County Road and Bridge > Garfield County Attorney > Town of Parachute > Garfield County 011 and Gas Liaison • Battlement Mesa Metro District > Garfield County Public Health Department RE -16 School District > Colorado Parks & Wildlife > Garfield County Vegetation Management > Grand Valley Fire Protection District Colorado OH and Gas Conservation Commission > Colorado Department of Transportation ➢ Colorado Department or Water Resources V. APPLICATION REVIEW FEES a. Planning Review Fees: $525.00 b. Referral Agency Fees: $ c. Total Deposit: $525.00 (additional hours billed at an hourly rate) General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which Is subject 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. Pre -application Summary Prepared by: Fred A. Jarman, AIC Date Attachments: Exhibit A: Regulations from the 1978 Land Use Resolution Exhibit B: Sections from the Battlement Mesa PUD (Resolution 79432) Exhibit C: Proposed URSA Field Development Plan Map C. Section 4106 Major Impact Garfreld County Major !repack Review Procau (Section 4-1OS) • Applicant has smonths tosaline application Step 7:Appii'pllc r7.4ii3;na[!nl •206tnNrn days to ratii sw • KIncamplata, 6O days m ramify ddkbenlrs • ' pas ted, and marled to BaSanottproperty own= hotrod mineral awnrrs, atlust 30 days but no mom than AO days pilot to ppndogcomnrbstoo pubkhoi •Mday comma* Sian ei: Fvohir.t:ej be I1ir; turf 71.4 =dezl.4.'ill 11111111111111111111111111111. •Mildire, pasted, and mailed to rlrrMt.proprrtyonners ark+ 200 het and mineral owners, at lent Soars bntno mora than 6adart rotor to OoaCp bVcharing 01 s�`Ti Ate F=s ss 5.03.01 (8) Mobile Roane 'as an Acoesa a tlese to a Workin. on 3.02 03. 03.04 .03 A mobile home shall be allowed as an accessory working farm or ranch operation as a coedit' ovided: 0 p he principal wage earner living in me is a full, time employee of the ranch operation that is presen ily agricultural productio The or masa ile home is placed on ry footer; There sha home shall be no outside e skirted; No more than be allowed as a or ranch operati e sin ac• The mobile h to others th operation. Row Sous the mini square fea plat lots an menta • sh those H Ana e rabbi orking y devoted permanent cone forage and the mob e -family mobile home sh seory use to a working f to use, ran 0 eta . 1 not be rented for occupa mployed by the farm or r Souse; A division plat mum t area for a raw ea , a minimum of six d the plat includes Bi common to satisfy floor a der the appropriate Zone Dist co t . 11 ust be approved wher cruse lot is 1,400 house lots appear cient land area ratio reguire- ct Regulation cy ch on � o for the Arts and Crafts; All acti yuotedHwithin a building and retail as oua-of-a-kind goods produced on the lot 03 8tt} ty must be s are limi Aircraft Landing Strip; Such strip may not be with any reservation, regulation or requirement Federal Aviation Administration. Airport, Utility; Such airport shall be approved Federal Aviation Administration. confl f the t b 03.06 Airport, Air Carrier; Such airport shall be approved the Feaeral Aviation Adminiatra 5.03.07 Industrial Operations: Industrial Operations, including extraction, processing, fabrication, industrial support facilities, water impoundments, mineral waste disposal, -52- 0 0 storage sanitary land -fill, salvage yard, access routes and utility lines, shall be permitted, provided: (1) The applicant for a permit for industrial operations shall prepare and submit to the Planning Director two (2) copies of an impact statement on the proposed use. prescribing its location, scope, design and construction schedule, including an explanation of its operational characteristics. One (1) copy of the impact statement shall be filed with the County Commissioners by the Planning Director. The County Conmissioners shall review the impact statement to determine whether the proposed industrial operation complies with the require- ments of this Section and shall notify the Planning Director of its decision in this 'regard, in writing, within thirty (30) days from the date on which the impact statement is filed with the Planning Director. The impact statement shall show that the use shall be designed and operated in compliance with all applicable laws and regulations of the County, State and Federal Governments, and will not have a significant adverse effect upon: (a) Existing lawful use of water through depletion or pollution of surface run-off, stream flow or ground water; (b) Use of adjacent land through generation of vapor, dust, smoke, noise, glare or vibration, or other emanations; (c) Wildlife and domestic animals through creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions; (2) Truck and automobile traffic to and from such uses shall not create hazards or nuisance to areas elsewhere in the County; (3) Sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed uses; (4) At the discretion of the County Commissioners additional information supplementing the impact state- ment may be required. Such request for additional information shall be in writing and shall be given to the applicant not later than forty-five (45) days after -53- the filing of the impact statement. The County Commis- sioners shall then have an additional forty-five (45) days from the date of submission of such additional information within which to notify the Planning Director of their decision in respect to said impact statement; An application for permit for an industrial operation shall be subject to the provisions under Section 8.01 in addition to the required impact statement. Any provisions of Section 8.01 to the contrary notwith- standing, the Building official dhall have a period of ten (10) days from notification by.the County Commissioners of their decision as hereinabove provided, within which to act upon such application; (5) Permits shall be granted for those uses only with the provisions that a satisfactory rehabilitation plan far the affected land be submitted prior to commencement of such use; (a) The plan for site rehabilitation shall be submitted to the Planning Director with the impact state- ment, and must be approved by the County Commissioners before a permit for conditional or special use will be issued; (b) The County Commiissioners may require security before a permit for special or conditional use is issued, if required. The applicant shall furnish evidence of a bank commitment of credit, or bond, or certified check or other security deemed accept- able by the County Commissioners in the amount calculated by the County Comunissioners to secure the execution of the site rehabilitation plan in workmanlike manner and in accordance with the specifications and construction schedule established or approved by the County Commissioners. Such commitments, bonds, or check shall be payable to and held by the County Commissioners: 5.03.08 Industrial Performance Standards: All industrial operations in Garfield County shall comply with appli- cable County, State, and Federal regulations regulating water, air and noise pollution and shall not be conducted in a manner constituting a public nuisance or hazard. Operations shall be conducted in such a manner as to minimize heat, duet, 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: -54- e (1) volume of the sound generated: every use shall be so operated that the volume of sound inherently and recurrently generated does not exceed ninety (90) decibles, with a tnximum increase of five (5) decibies permitted for a maximum of fifteen (15) minutes in any one hour, at any point of any boundary line of the property on which the use is located. (2) Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located; (3) Emissions of smoke and particulate matter: every use shall be so operated so as to comply with all Federal, State and County air quality laws, regulations and standards; (4) Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision; (5) Storage area, salvage yard, sanitary land -fill, and mnineral waste disposal areas: (a) Storage of flammable, or explosive solids, or gases, shall be in accordance with accepted standards and laws and shall comply with the National Fire Code; (b) At the discretion of the County Commissioners all outdoor storage facilities for fuel, raw materials and products shall be enclosed by a fence or wall adequate to conceal such facilities from adjacent property; (c) No materials or wastes shall be deposited upon e property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural, causes or forces; (d) All materials or wastes which might constitute a fire hazard or which may be edible by or otherwise -55- be attractive to rodents or inseots shall be stored outdoors in accordance with applicable State Board of Health Regulations, (6) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safe guards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facilities may begin. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin. 1.. •. _ • n t a ve, t o County Connnissioners may, by resolution, add to the uses listed for a Zoning District any other similar use which conforms to the conditions set forth in the .following special findings: 1) Such use is appropriate to the physiographic eral environmental character oi: the District b it is added; h (2) S• alters amount no in the Die use does not create any more haza n of the natural environment th ly resulting from the othe ict to which it is added; (3) Such use vibration, dust, heat, in the minimum amount uses permitted in oes not create any smoke, ado uences or mor ormally r distri (4) Such use is compa` permitted in the distri to or the minimum see permitted d e offensive noise, , glare, or other traffic hazards than lting from the other to which it is added; e to the uses existing and to which it is added. When any use ha® be:. added uses in any distr t in accor such use shall • deemed to be 4 section of tho = district regulat. added theret• in the published text at the fir- convenient opportunity, inditati • that the addition was made with Section. the list of permitted ce with this Section, sted in the appropriate ns, and shall be f this Resolution th a notation ccordance 5.03.10 Ap! •val of Conditional and Special Uses: Us- Conditional under the appropriate zone Distr- gulation shall be permitted based on complianc= the requirements listed herein; where use are lis as Special Uses they shall be permitted only: listed t with d 0 0 0 RESOLUTION NO. 79-132 WHEREAS, on the 2nd day of January, 1979, this Board of County Commissioners of Garfield County, Colorado, adopted Resolution leo. 79-1, concerning a Zoning Resolution for the ty of ;field, 6tate of Colorado; and WHEREAS, this Board is authorized by the provisions of C.R.S. 1973, 30-28-109 through 30-28--116 to provide for the approval of amendments to such Zoning Resolution; and WHEREAS, pursuant to such authority, this Board has proposed certain text amendment; to the said Zoning Resolution, which were on file for public inspection in the Office of the Garfiold County Clerk and Recorder for a period of thirty days beginning the 14th day of September, 1979; and WHEREAS, a public bearing was held on the 15th day of October, 1979, upon the question of the adoption of the pro- posed text amendments, pursuant to public notice required by law; and WHEREAS, the public was, at such public bearing, given the opportunity to voice its opinions regarding the proposed text amendments, which opinions have been given full consid- eration by this Board; and WHEREAS, this Board has determined that certain of the proposed text amendments are necessary to make the aforementioned Garfield County Zoning Resolution consistent with Colorado statutes end to improve the efficiency end clarity of said Zoning Resolution; NOW THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Garfield County, Colorado, that the Garfield County Zoning Resolution, adopted by this Board on the 2nd day of January, 1979, and identified as its Resolution No. 79-1, shall be and hereby is amended as follows: AMSODMENTS TO CARPIEL0 COUNTY SWING RESOLUTION Section 2.02.23 of the Garfield County Zoning Resolution shall be amended by the deletion of the words "the Colorado Department of gealth and` and by the addition of the words "to review and/ or enforce health and safety provisions or requirements which are included in this Resolution,"at end of said section. Section 2.02,43 of the Garfield County Zoning Resolution shall be amended by changing the words "one thousand' to 'five hundred'. Section 2.02.47 of the Garfield County zoning Resolution shall be amended by changing tha word 'right' to "tight". The Garfield County Zoning Resolution shall be amended by the addition of a new section 2.02.56, which shall read as follows Salvage Yards Any location which is maintained, used ar operated for staring, keeping, buying or 'selling wracked,, scrapped, ruined, ar dismantled motor vehicles or motor vehicle parts, old or scrap copper, brass, raps, raga, batteries, paper, trash, rubber or sythe- tic petro-cheaniaal debris, waste, appliances, or parts thereof, iron, steel, and other old or scrap ferrous or non-ferrous material_ section 3.02.03 of the Garfield County Zoning Resolution shall be emended by changing the word "events' to "gatherings'. Section 3.07.06 of the Garfield county toning Resolution shall be amended by the addition of the following paragrpehs (3) Side yard: 10 feat from Bide lot line ar 1/2 the height of the principal building, whichever is greater. section 3.09 of the Garfield County Zoning Resolution .ball ba amended by changing the word "Special' to 'Conditional". Section 3.09.01 of the Garfield County Zoning Resolution shall be ascended by Changing the word "special" to "oonditianal". Section 4.00.03 of the Garfield County Zoning Resolution shall be amended by tbs addition of the following, which 'ball be the first sentence in said section. Every Planned Unit Development Plan 'shell include a detailed listing of districts within the PDD in which specific uses .ball be permitted, which listing ehatl be in substantially the form contained in Section 3.00 hereof. Beetion 4.00.05(7)(d) of the Garfield County Zoning Resolution shall be amended to read as follows: A lint of the owners of properties located within 300 feet of the boundaries of the PUD and their addresses: Section 5.02.01 shall be amended by the addition of the following sentence: Occupancy of en existingnmobife hoe e, pack and individual apace" of an existing mobile borne park shall be governed by the provisions of 'Section 6.11 and 7.00 of this Resolution. Section 5.03(1) of the Garfield County Zoning Resolution shall be amended to read as follows: Utilities adequate to provide water and sanitation service based on accepted engineering standard' and approved by the Environmental Health Officer shall either be in place or shall be constructed in con- junction with the proposed uses Pagel 0 D AMENDMENTS TO GARF ELD COUNTY ZONING RESOLUTION The word and number "thirty (30)" found in Sections 5.03.01 (A)(4) and (A)(5) of the Garfield County Zoning Resolution shall be amended to read "fifteen (15)". The first sentence of Section 5.03.07(4) of the Garfield County Zoning Resolution shall be amended to read as follows: In the event the County Commissioners or Planning Director determine that the impact of a proposed industrial operation is such that information in addition to the impact statement or other informa- tion submitted is necessary for the informed evalu- ation of such impact, such additional information may be required. Rection 5.03.07 of the Garfield County Zoning Resolution shall be saendad by the addition of a new subparagraph, which shall read as follows: (6) The Planning Director may, upon the preliminary determination that an industrial operation related solely to the extraction of oil and gas from the ground through conventional use of drilling and pumping, and the extraction of sand and gravel affecting not more than fin, acres has limited impact, waive the requirement for the above-described impact statement, upon the submittal of such information as the Planning Director requires for the evaluation of the inpact of such an extractive operation. If the datnsminatioa is later made that additional information is required, subsection (4) of this Section shall apply. 10"Saction 5.01 of the Garfield County zoning Resolution shall be amended by the following words at the conclusion of the first sentence thereof: and all provisions of Building Code affecting the subject property. Section 9.02.01 of the Garfield County Zoning Resolution shall be amended to read as follows: ]application: All conditional use permit applications shall be filed by the owner or owners of the subject lot with the Planning Director on a form provided by the Planning Director for this purpose end shall Consist of all information required of an application for a permit and subject to all administrative procedures thereof plus the followings Supporting information, plans, letters of approval from responsible agencies and other information to satisfy requirements listed under Conditional and Special Dees in the Supplementary Regulations. Section 9.02.02 of the Garfield County Zoning Resolution shall be amended to read as follows: Action by the P1enpia4 Director: The Planning Director Ball utilize services of the Environmental Health Officer, the Building Official, end Planning Department and other county and state officials or agencies to arrive at a determination that the proposed buildinga, structure and use is in compliance with alI applicable zoning, sub- division, building, health and sanitation regulations; and if the proposed building, structure and use are in campliaace, the Planning Director shall make a: recommendation that the county•Counissieners consider the application with or without a public hearing. Page 2 AMENDMENTS 10 GARPIELD COUNTY ZONING PESOLO?ION 1 The Garfield county zoning Resolution shall be amended by the addition of a Sectiod 9.03.03, which shall read as follows: Action by theiCountY Commissioners; Upon receiving as application far conditional use permit and recom- mendation regdrding public hearing from the Planning Director, thejCouaty Commissioners shall either (1) grant the conditional use permit without conditions, (2) provide the applicant with an opportunity for hear- ing, subsequedt to which the county Commissioners may grant or conditionally grant the conditional use permit on such condiliane as are deemed necessary to effect the purposes of this Resolution, or (3) schedule a public hearing upon the conditional use application, at which the applicantjand interested parties, including county representatives, will be provided an opportunity to express their opinions regarding such application, sub- sequent to which public hearing the County Commissioners may grant, oriconditionally grant the conditional use permit on such conditions as are deemed necessary to affect the pu*posee of this Sesolution. A hearing shall be held no later than 30 days following the receipt of the Condit nal Use Permit application unless such time is extended by the County Coneissioners. The County Gammie ionera may refer a request for conditional use permit to the county Planning Commission for its review and recommendation. Public Hotice'eha11 be provided in accordance with the previsions ofrSections 9.03.03(1) and (2), if public hearing held.] The concurring vote of the majority of the County Cce isaioaerspshall be necessary to decide that the conditional use permit shall be conditionally granted upon epeeific'conditione. The County Commissioners shall take a ion on the conditional use permit appli- cation and no ify the applicant of their decision, in writing, thin fifteen (15) Jaya following the public hearing. The decision :ball state specific findings of fact relevant to all essential issues. If the permit is conditionally granted, such decision shall includeireasona for conditions imposed. The first clanae of Section 9.03.01 of the Garfield County Zoning Resolution shall be amended to read as follows: App ation; hl]. special use permit applications shall be filed by owner or owners of the subject lot with the Planning $ireotor oa a form provided by the Planning Director for this purpose and eball consist of all infor- mation requirgd of an application for a permit and sub- ject to all administrative procedures thereof plus the followings The number "7.02.03m contained in Section 9.04.02 of the Garfield County Zoning Resolution shall be amended to read "9.05.03•. {r Section 10.04.01 of the Garfield county Zoning Resolution shall be amended to read a follows; Prior to final adoption of any amendment to this Reaolntion, le County Ccmmisaionere shall hold a public hearin thereon, at least thirty (30) days notice of the time and place of which shall be given by at least one publication in a newspaper of general circula- tion in the County. Except for text amendments, notice of such publib bearing shall also be sent by nail at least fiftesuI(35) days prior to such hearing to all owners of record of property adjacent to the lot or lots subject o the proposed amendment. 1i; 00 of the t Zoning 1 Section County Re solution shall be -3- O O AMENDMENTS TO GARFIELD COUNTY ZONING RESOLUTION amended by the addition of a new paragraph, which shall read as follow Unless otherwise specifically provided herein, time limitations imposed upon the Board of County Commissioners, the planning Commission, or any other County officer, or body by this Zoning Rasalution shall be intarpretted as having no consequence other than authorising any interested party, upon the expiration of such limitation, to request judicial relief in the nature of mandamus, requiring the body or officer to make the determinations or decisions required by this Resolution. The expiration of any such time limitation shall not in and of itself be considered the approval or denial of any application, plan or question under consideration. The Garfield County Zoning Resolution shall be amended by the addition of new sections 3.11 through 3.11.09, which shall read as !ollawa: 3.11 R-101/G/U0 -- RESIDENTIAL -MOBILE HOME/GENERAL/ URBAN DENSITY 3.11.01 Uses, by rights Single-family, two-family and multiple -family dwelling, boarding and rooming house, and customary accessory uses including building for shelter or enclosure of animals or property accee- nory to use of the lot for residential purposes and fences, hedges, gardens, walls and similar landscape features; park. 3.11.03 Cues, conditionals Mobile Some as principal use of the los; Raw Nouse; Studio for conduct of arts and crafts; Boma occupations Church, community building, day nursery and school.. 3.11.03 Uses, spacial: Mobile Some Park; 3.11.04 Minimum Lot Area: 7500 square feat and as farther provided under Supplementary Regulations. 3.11.05 Maximum Lot Coverage: 50 percent 3.11.06 Minimus Setback: (1) Front yard; (e) arterial streets: 75 feat from street centerline or 50 feat from front lot Line, whichever is greater; (b) Local street: 50 feat from street centerline or 25 feet from lot line, whichever ie greater; (2) Rear Yard: 25 feet from rear lot line; (3) Side Yards 10 feet from side lot line or 1/2 the height of the principal building. whichever is greater. 3.11.07 Maximum Height of Buildings: 25 feet 3.11.08 Maximum Floor Area Ratios 0.50/1.0 and as further provided under Supplementary Regulations. 3.11.04 Additional Requirements: All uses eha11 be subject to the provisions under Section 5 (Supplementary Regulations). -i- AMENDMENTS TO GARPIELD COUNTY ZONING RESOLUTION The first sentence of Section 5.03.01 of the Garfield County Zoning Resolution shall be amended to read as follows: A mobile home nay be allowed as the principal use of a lot as a especial or conditional use, as provided within the zone district previsions of this resolu- tion, provided that each of tha following conditions is aatiefied in the situation of a special use and that the first three of the conditions are satisfied in the situation of a conditional uses The legend of zone district deeignetioos shall be amended by the addition of the following; A-HH/G/uD RESZDENTIAL-MOBILE /G!!$SRAL/URBAN DENSITY BE IT FURTHER RESOLVED that the foregoing amendments shad be effective immediately, that a copy of this amending Resolution shall be filed and recorded with the Garfield County and Recorder, and that all other provisions of the said Garfield County toning Resolution shall remain in full force and effect. DATED this 1Sth day of October, 1979. ATTESTt lark ofgtb Board BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO -5- O 0 0 ICGarfield County PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action. ❑ My application required written/mailed notice to adjacent property owners and mineral owners. Mailed notice was completed on the day of , 2015. All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice. All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list] ■ Please attach proof of certified, return receipt requested mailed notice. ❑ My application required Published notice. Notice was published on the day of , 2015. ■ Please attach proof of publication in the Rifle Citizen Telegram. My application required Posting of Notice. Notice was posted on the day of , 2015. Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify that the above information is true and accurate. Name: Signature: Date: Garfield County PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action. ❑ My application required written/mailed notice to adjacent property owners and mineral owners. Mailed notice was completed on the day of , 2015. All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice. All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list] ■ Please attach proof of certified, return receipt requested mailed notice. ❑ My application required Published notice. Notice was published on the day of , 2015. ■ Please attach proof of publication in the Rifle Citizen Telegram. 0 My application required Posting of Notice. Notice was posted on the day of , 2015. Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify that the above information is true and accurate. Name: Signature: Date: