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1.02 Application forms.pdf
II.1.b.1. — Application Form Spring Valley Compressor Station GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield - county.com LOCATION AND EXTENT APPLICATION GENERAL INFORMATION (Please print legibly) ➢ Name of Property Owner: ➢ Mailing Address: Telephone: ( ) ➢ City: State: Zip Code: Cell: ( ) ➢ E -mail address: FAX: ( ) ➢ Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc): ➢ Mailing Address: Telephone: ( ) ➢ City: State: Zip Code: Cell: ( ) ➢ E -mail address: FAX: ( ) ➢ Description of Proposed Location and Extent Use: ➢ Street Address / General Location of Property: ➢ General Legal Description: ➢ Assessor's Parcel Number: - - - ➢ Existing Use: ➢ Property Size (in acres) Zone District: Last Revised / /11 I. APPLICATION PROCESS AND CODE PROVISIONS Location and Extent Review by Garfield County are regulated in accordance with the following Code Sections found in the Unified Land Use Resolution of Garfield County of 2008 as amended Section 1 -302 (B)(2) Planning Commission Powers and Duties 2. The Planning Commission is responsible for reviewing the location and extent of public or quasi - public utilities, structures or uses proposed to be located in the unincorporated area of the County to determine whether they are in conformance with the Comprehensive Plan. See Section 4- 112 for process and 7 -102 for standards. (Resolution 2010 -75). SECTION 4 -112 LOCATION AND EXTENT REVIEW PROCESS. (Resolution 2010 -75). A. Mandated by Colorado Law. Location and extent review is mandated by Colorado law, including, but not limited to, C.R.S. §§ 30 -28 -110, 22- 32- 124(1)(a) and 22- 32- 124(1.5)(a), as amended. In the event of any conflict between these procedures and applicable state law, state law shall govern. B. Subject Projects. The following projects shall be subject to location and extent review: 1. Public and charter schools; 2. Roads, parks, or other public way, ground, or space; 3. Public buildings or structures; 4. Public utilities, whether publicly or privately owned; 5. The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use, sale, lease, or acquisition of land for any road, park, or other public way, ground, place, property, or structure. C. Form of Application. The submission shall be in the form of an application by or on behalf of the board or governing body which authorizes or finances the project, including a site development plan and narrative explaining how the project meets the standards of Section 7 -102. For any road vacation proceeding, the application shall also comply with the requirements of Section 4 -110. 2 D. Pre - Application. A pre - application conference pursuant to Section 4 -103A is required. E. Determination of Completeness. Once an application is technically complete pursuant to Section 4 -103C, it shall be officially submitted to the Planning Commission which shall act within thirty (30) days after such submission or the submission shall be deemed approved. F. Public Hearing. The Planning Commission shall conduct a public hearing within thirty (30) days after the submission is technically complete, in accordance with Section 4 -103G; except that any location and extent review of a road vacation under Section 4 -110 may be combined with any referral under the road vacation review and may then proceed as a public meeting, not a public hearing. G. Notice Required. The notice required for the public hearing shall be in accordance with Section 4- 103F, except that the timeline for publication, mailing, and posting shall be not less than seven (7) nor more than thirty (30) days prior to the public hearing. H. Conformance with Comprehensive Plan. The Planning Commission shall determine whether the project conforms to the Comprehensive Plan. The findings of the Planning Commission shall be communicated to the applicant. Further Proceedings. Further proceedings in the event of findings of non - conformity may include overruling of the disapproval by the applicable governing body in accordance with C.R.S. § 30- 28- 110(1)(b) or (c), as amended, or the Planning Commission's request for a public hearing before the appropriate board of education, pursuant to C.R.S. § 22- 32- 124(1)(a) or (1.5)(a), as amended. SECTION 7 -102 COMPLIANCE WITH COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS. The land use change is consistent with applicable provisions of the Garfield County Comprehensive Plan and any intergovernmental agreements between the County and a municipality that applies to the area where the use will occur. II. SUBMITTAL REQUIREMENTS As a minimum, the Application submittals shall specifically respond to all the code sections noted above and attach any additional information to be submitted with this application. A summary of typical submittal requirements is provided here for the Applicant's convenience. 3 a. Description of the type of use proposed as part of the Location and Extent Review in accordance with Section 4 -112 (B). b. Applicant Information including identification of the Board or governing body which authorizes or finances the project, and a site development plan pursuant to Section 4 -112 (C). c. For any road vacation, the Application shall also comply with the requirements of Section 4 -110. d. A narrative explaining how the project meets the standards of Section 7 -102 and copies of or relevant excerpts from the Comprehensive Plan and any intergovernmental agreements between the County and a municipality in the area where the use will occur (Sections 4- 112(C) and 7- 102)). e. Depending on the type of Application being requested, you may need to respond to additional review standards found in the Garfield County Unified Land Use Resolution of 2008, as amended. g. Submit 3 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the application has been deemed technically complete. The Application shall include a copy of the Assessor's Office Parcel mapping for the area adjacent to the site including parcel ownership. A listing of all property owners with mailing addresses (in accordance with the Assessor's Office records) for properties adjacent and within 200 ft. of the site shall be provided. The Application shall also include ownership and mailing addresses for mineral rights for the proposed site. h. Application Fees. The application shall be accompanied by a base permit fee in the amount established by the ULUR and a written acknowledgement that the applicant will be responsible for advancing funds or reimbursing the County for the actual costs of reviewing and processing the application, including costs of copying, mailings, publications, labor, overhead and retention of consultants, experts and attorneys that the County deems necessary to advise it on the application package. 1. The County may in its sole discretion waive all or a portion of the fees if the applicant demonstrates a special need or such waiver of fees is found to be in the best interests of the citizens of Garfield County. 2. The County will take no action on the application package until all fees and expenses related to the application review process have been paid. 4 i. Application Form. The application form for a Location and Extent Review shall be obtained from the Planning Department. 1. Authorized Applicant. Completed application forms and accompanying materials shall be submitted to the Director by the owner, or any other person having a recognized fee title interest in the land for which a land use change is proposed, or by any agent acting through written authorization of the owner. a) Authorized Agent. If the applicant is not the owner of the land, or is a contract purchaser of the land, the applicant shall submit a letter signed by the owner consenting to the submission of the application. b) Applicant is Not the Sole Owner. If the applicant is not the sole owner of the land, the applicant shall submit a letter signed by all other owners or an association representing all the owners, by which all owners consent to or join in the application. 2. Information about the Applicant. The Application form shall contain the names, addresses, email address, fax number, organization form, and business of the applicant, and if different, the owner of the project. Where applicable, the Application shall also contain names, addresses, and qualifications of individuals responsible for planning, constructing and operating the project. Information Describing the Project. 1. Project Narrative. A narrative description of the Project including the location of the proposed facility by reference to its relationship to any physical features, intersections, towns, or other locations that are generally recognized by the citizens of Garfield County. 2. Compatibility with Comprehensive Plan. Evidence that demonstrates that the Proposed Project is compatible with the Comprehensive Plan, intergovernmental agreements between the County and municipalities in the area where the use will occur and other applicable state or federal plans. 3. Maps. Detailed map(s) showing the location of the proposed facilities together with proposed or existing transportation corridors, zoning classification and land use. 4. A list and copies of all other permits and approvals that have been or will be required for the project, together with any proposals for coordinating these approvals with the County permitting process. 5 III. PROCEDURAL REQUIREMENTS The specific procedural steps required for a Location and Extent review are outlined in Section I of the Application Form and Section 4 -112 of the ULUR. As noted the process will include a preapplication conference, submittal of three copies of the Application for completeness review, completeness review and determination, additional Application submittals and scheduling, and a public hearing and consideration by the Planning Commission along with required public notice. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. "fj1j OilaWklati reterei1117 (Sig ature of Property Owner) Date) 6 II.1.b.1.a. — Applicant and Financier Information and Site Plan Spring Valley Compressor Station Source Gas Submittal Item: Application Information and Identification of Project Financier Applicant Information (Land Owner) Steve Boyd Colorado Mountain Junior College District 831 Grand Avenue Glenwood Springs, CO 81601 (970) 945 -8691 (Office) (970) 947 -8324 (Fax) Applicant's Authorized Representative Ashlee Lane HRL Compliance Solutions, Inc. 744 Horizon Court, Ste #140 Grand Junction, CO 81506 (970) 243 -3271 (Office) (970) 243 -3280 (Fax) Project Financier (Lessee) Rocky Mountain Natural Gas LLC 370 Van Gordon Street, Suite 4000 Lakewood, CO 80228 (303) 243 -3400 (Office) Per Section II.b. of the Submittal Requirements for the Location and Extent Permit application, the following provides the applicant's information and identifies the governing body which finances the project. The site development plan is attached with this submittal item (Il.1.b.1.a). *Please see attached email. SVCS — Location & Extent 1 Sourceas ROCKY MOUNTAIN NATURAL GAS LLC 0096 County Rd 160 Glenwood Springs, CO 81601 (970)- 928 -0401 Office (970) - 928 -0417 Fax Colorado Mountain Junior College District Steve Boyd — Purchasing and Contract Director 831 Grand Avenue Glenwood Springs, CO 81601 October 19, 2011 RE: Spring Valley Compressor Station — Garfield County Applications Dear Mr. Boyd: As the current owner of the property, the three (3) Garfield County applications (Limited Impact Review, PUD Amendment, Location & Extent) must be signed by Colorado Mountain Junior College District for submission to Garfield County. In addition, as the property owner, Colorado Mountain Junior College District must also sign an agreement to pay fees associated with the applications. A Statement of Authority must also be filled out and notarized for proof to the County that you have authorization to sign on behalf of Colorado Mountain Junior College District for these applications. This letter serves as confirmation for Colorado Mountain Junior College District that Rocky Mountain Natural Gas LLC, the lessee of the 5 acre property identified as Section 4 Township 7 South Range 88 West Garfield County, Colorado, which the Spring Valley Compressor Station will be constructed on and owner of the Spring Valley Compressor Station facility, shall be responsible for paying all fees required by Garfield County for these three (3) applications as they relate to our proposed Spring Valley Compressor Station. Should Colorado Mountain Junior College District receive any invoices from Garfield County that relate to these applications, please forward them to me and I will see that they are promptly paid. Respectfully: Clifford Dick Project Manager/ Operations 0096 County Rd 160 Glenwood Springs, CO 81601 (970)- 928 -0418 Office (970)- 928 -0417 Fax (970)- 219 -5385 Cell Email Correspondence: Identification of Representative and Financier Responsibilities Spring Valley Compressor Station From: Ashlee Lane Sent: Tuesday, November 15, 2011 11:03 AM To: 'Julie Hanson' Cc: Dick, Clifford; Atwater, Tim; pwaller ©coloradomtn.edu; sboyd ©coloradomtn.edu; Herman Lucero; Maurice Foye Subject: FW: Documents Julie, After speaking with Ms. Gagnon, Garfield County's Assistant Attorney, she provided clarification that HCSI can represent CMC, the land owner, as the authorized representative on all of the applications. Upon providing HCSI a statement of authority, as you addressed below, HCSI will have permission to sign the applications and act as the land owner's authorized representative. HCSI will need the following from CMC to finalize the applications: • Pertaining to the letter of authorization attached, CMC Authorization Exhibit 1, CMC will also need to provide a statement of authority that Steve Boyd has the authority to write and sign this letter giving HCSI authorization to represent CMC, the land owner on the applications. • Pertaining to all of the applications, CMC will need to provide a statement of authority that authorizes, myself (Ashlee Lane), to be the authorized representative on the applications and agreement to pay forms on behalf of the landowner. • Both statement of authorities, as required by state law, are required to be recorded and notarized. Ms. Gagnon stated that you are welcome to contact her with questions pertaining to any of this information if needed. HCSI will sign the agreement to pay forms with the agreement that Rocky Mountain Natural Gas LLC will reimburse all costs associated with all three applications and the Garfield County review process. I will be delivering the entire PUD Amendment/Rezoning application to your office this afternoon as mentioned earlier today. I can pick the remaining documentation up from your office Monday, November 21st. Please contact me with any questions you may have. Thank you for your time. Sincerely, Ashlee Lane HRL Compliance Solutions, Inc. Project Manager 970.243.3271 office 970.270.6765 mobile www.hrlcomp.com This e-mail and any attachments are confidential and only for the use as authorized by HRL Compliance Solutions, Inc. If you receive this message in error or are not the intended recipient, you should not retain, distribute, disclose or use any of this information. Permanently delete the e-mail and any attachments or copies. From: Julie Hanson [ mailto :jhanson @beattiechadwick.com] Sent: Monday, November 14, 2011 8:40 AM To: Ashlee Lane Cc: Dick, Clifford; Atwater, Tim; pwaller @coloradomtn.edu; sboyd @coloradomtn.edu; Herman Lucero; Maurice Foye Subject: RE: Documents Hi Ashlee: Attached are my proposed changes to the Guide — I really feel that it is just an amendment so all we need to do is reflect the amended part — anything not amended is in full force and effect. It appears as though there are other submittal requirements per the code. I will need to see all submittal documents before we can finalize the application. If there is additional information required by the Code in the sections that I deleted, CMC can provide the necessary information. I am sending this at the same time as I am sending it to CMC. Pete Waller will need to confirm the existing utilities. The lease says that Rocky Mountain Natural Gas, LLC shall submit the application at its cost — so I feel we do have the authority there. However, if HRL is going to be the one actually presenting the application, we can do a limited statement of authority for HRL and a letter agreement with HRL that reflects the language in the lease with Rocky Mountain Natural Gas, LLC — "All applications shall be subject to review and approval by CMC, in its sole discretion, prior to submittal." Thanks, Julie Julie S. Hanson Beattie, Chadwick & Houpt, LLP 932 Cooper Avenue Glenwood Springs, CO 81601 Tel: (970) 945 -8659 Fax: (970) 945 -8671 Jhanson a,beattiechadwick.com This message contains information which may be confidential and privileged under the attorney - client privilege, the work product privilege, or both. Unless you are the addressee (or authorized to receive for the addressee), you may not use, copy or disclose to anyone the message or any information contained in the message. If you have received the message in error, please advise the sender by reply e -mail, and delete the message. Thank you very much. Site Plan Spring Valley Compressor Station EX G OE OE 50' ROCKY MOUNTAIN NATURAL GAS COMPANY EASEMENT REC. 478677 REC. 485860 GATE AT ROAD ENTRANCE TO BE REPLACED BY SOURCE GAS PROPOSED 10' WIDE TELEPHONE EASEMENT AND TELEPHONE SERVICE SCALE: 1 " =60' OE SW1 /4 NE1 /4 SEC. 4 PROPOSED NEW 3 —PHASE OVERHEAD ELECTRIC SERVICE SE1 /4 NE1 /4 SEC. 4 T7S R88W OWNER: COLORADO MOUNTAIN JUNIOR COLLEGE DISTRICT 2393 - 042 -00-034) 3 EXIST. DIRT ROAD (TYP.) 5' MAN GATE 89 °46'31" W 40000 OD BLO WDOWN STACK PROPOSED MAINTENANCE SHED (30'x20') N 500 -0 5' MAN GATE OWNER: J & S NIESLANIK LLLP (2393 - 032 -00 -032) N 400' -0" 5' MAN GATE LJ PROPOSED SEPTIC SEWER LOCATION PROPOSED CONTROL AND OFFICE BUILDING (40'x 30') N 300' -0" EASEMENT BOUNDARY PROPOSED FENCE PROPOSED PROPOSED 30' UTILITY POLE NEW UTILITY EASEMENT PROPOSED ACCESS ROAD 20' DRIVEWAY EASEMENT PROPOSED PROPOSED ACCESS ROAD 10' WIDE TELEPHONE EASEMENT 16' WIDE DRIVEWAY AND TELEPHONE SERVICE PROPOSED 20' UTILITY EASEMENT UTILITY BUILDING (40'X32') N 200' -0" 100' PUBLIC SERVICE OF COLORADO ESMT. REC. 205402, REC. 43292 REC. 476559 PROPOSED 3 —PHASE OVERHEAD ELECTRIC SERVICE LINE 100 -0 ETC ETC EXISTING 10' MOUNTAIN STATES TELEPHONE & TELEGRAPH COMPANY TELEPHONE EASEMENT REC. N0. 251903 DE DE EXIST. �EELEC. k -� PROPERTY LINE N89°46'31 "W 914.12' N 0 -0 EXISTING UTIL. POLE. PROPOSED 3 —PHASE SERVICE TO BE ADDED 55 EXIST. UTIL POLE E TiSTt iv c PROPOSED 20' WIDE DRIVEWAY EASEMENT OWNER: COLORADO MOUNTAIN JUNIOR COLLEGE DISTRICT (2393- 042 -00 -034) pE of ,oE /oE EXISTING 10' MOUNTAIN STATES TELEPHONE & TELEGRAPH COMPANY TELEPHONE EASEMENT REC. N0. 241974 & REC. 241975 NE1 /4SE1/4 SEC. 4 OWNER: POWERS JOHN P 1 /3RD / BABICKA LYNN P 1 /3RD / BOHART JAMES T JR 1 /6TH / BOBBI JEAN1 /6TH (2393- 033 -00 -033) EB AR. & CAP L.S. #5933 END. SITE T.B.M. ELEV. = 71223' TIE TO E 1/4 SEC. 4, A GARFIELD COUNTY SURVEYOR BRASS CAP END, 889'46'27 "E 563.16' ISSUED FOR DATES 11/14/11 REVIEW 9/7/11 PVT REVISED PER CLIENTS IFA COMMENTS JOS 9/7/11 TPW A 8/3/11 AGF ISSUED FOR REVIEW JDS 8/15/11 PW DATE BY MADE W.D. NO. DATE BY AS BUILT DESCRIPTION ENGR. DATE BY APPROVED REVISIONS LEGEND EX —G EXISTING NATURAL GAS MAIN UT EXISTING UNDERGROUND TELEPHONE DE EXISTING OVERHEAD ELECTRIC ETC PROPOSED OVERHEAD 3 —PHASE ELECTRIC Eli ENGINEERING. 165 S. UNION BLVD., SUITE 1000 LAKEWOOD, CO 8022B (303) -468 -2700 THIS AND ANY OTHER ELECTRONIC MEDIA COUNTERPART C AN INSTRUMENT OF SERVICE PREPARED BY ENSERCA ENGINEERING FORA DEFNED PROJECT. IT C NOT INTENDED OR REPRESENTED TO BE SUITABLE FOR REUSE IN WHOLE OR C PART ON EXTENSIONS OF THE PROJECT OR ON ANY OTHER PROJECT. REUSE OR MODIFICATION, OF ANY UTILIZATION IF NOT A FINISHED INSTRUMENT. WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF ENSERCA ENGINEERING SHALL BE AT THE SOLE RISK FOR THE UNAUTHORIZED USER WITHOUT LIABILITY OR LOSS EXPOSURE TO ENSERCA ENGINEERING. Source Gas W.O. DATE PRELIMINARY 08/03/11 10 NUMBER SG SPRING VALLEY CS SITE PLAN GARFIELD COLORADO DRAWN AGE CH K. DR. JDS SCALE 1 " -80' DATE 08/03/11 DRAWING NO. TITLE REFERENCE DRAWINGS APPROVED FOR CONSTRUCTION CONTRACTOR JOB # 04226 PROJECT ENGR. JOS PROJECT MGR. PW FILE NO. SPV- 000 -101 P:A04276 — SG Spring Valley CS \02— WIP 1613 Design \13.20 -13.29 Mil Design \13.20 Civil \Site Plans\SPV- OMOS Date: 11/11/2011 II.1.b.1.b. — Schedule of Fees Spring Valley Compressor Station GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ( "Board ") Resolution No. 98 -09. has established a fee structure ( "Base Fee ") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non - refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include a Payment Agreement Form ( "Agreement ") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES TYPE OF LAND USE ACTION Vacating Public Roads & Rights -of -Way Sketch Plan Preliminary Plan l Conservation Subdivision Preliminary Plan Amendment Final Plat Final Plat Amendment I Correction Plat Combined Preliminary Plan and Final Plat Minor Exemption / Amendment Major Exemption / Amendment Rural Land Development Option Exemption / Amendment General Administrative Permit Floodplain Development Permit Pipeline Development Plan / Amendment Small Temporary Employee Housing Minor Temporary Employee Housing Limited Impact Review / Amendment Major Impact Review / Amendment Rezoning: Text Amendment Rezoning: Zone District Amendment Planned Unit Development (PUD) 1 Amendment Comprehensive Plan Amendment Variance Interpretation Takings Determination 1041: Areas & Activities of State Interest Planning Staff Hourly Rate • Planning Director • Senior Planner ■ Planning Technician • Secretary BASE FEE $400 $325 $675 + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey $325 $200 $100 $1,075 $300 / $300 $400 / $300 $400 / $300 $250 $400 $400 / $300 $50 $250 $400 / $300 $525 / $400 $300 $450 $500 I $300 S450 $250 $250 NO FEE $400 $50.50 $40.50 $33.75 $30.00 County Surveyor Review Fee (includes review of Amended Determined by Surveyor$ Plats, Final Plats, Exemption Plats) Mylar Recording Fee $11 —1st page $10 each additional page Page 2 The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats. Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. S. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. Page 3 II.1.b.1.c. — Payment Agreement Form Spring Valley Compressor Station GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and Colorado Mountain Junior College District Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for spring Valley Compressor Station (hereinafter, THE PROJECT). 2. OWNER understands and agrees that Garfield County Resolution No. 98 -09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. OWNER and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. OWNER agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to OWNER. OWNER agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE) I hereby agree to pay all fees related to this application. Ashlee Lane Print Name Mailing Address: E -Mail Address: Phone Number: V 744 Horizon Ct. Ste. 140 Grand Junction, CO 81506 alane @hrlcomp.com (970)243 -3271 Signature 14,1-halui e-mhdivt, Page 4 V17( II Date Sourceas ROCKY MOUNTAIN NATURAL GAS LLC 0096 County Rd 160 Glenwood Springs, CO 81601 (970)- 928 -0401 Office (970) - 928 -0417 Fax Colorado Mountain Junior College District Steve Boyd — Purchasing and Contract Director 831 Grand Avenue Glenwood Springs, CO 81601 October 19, 2011 RE: Spring Valley Compressor Station — Garfield County Applications Dear Mr. Boyd: As the current owner of the property, the three (3) Garfield County applications (Limited Impact Review, PUD Amendment, Location & Extent) must be signed by Colorado Mountain Junior College District for submission to Garfield County. In addition, as the property owner, Colorado Mountain Junior College District must also sign an agreement to pay fees associated with the applications. A Statement of Authority must also be filled out and notarized for proof to the County that you have authorization to sign on behalf of Colorado Mountain Junior College District for these applications. This letter serves as confirmation for Colorado Mountain Junior College District that Rocky Mountain Natural Gas LLC, the lessee of the 5 acre property identified as Section 4 Township 7 South Range 88 West Garfield County, Colorado, which the Spring Valley Compressor Station will be constructed on and owner of the Spring Valley Compressor Station facility, shall be responsible for paying all fees required by Garfield County for these three (3) applications as they relate to our proposed Spring Valley Compressor Station. Should Colorado Mountain Junior College District receive any invoices from Garfield County that relate to these applications, please forward them to me and I will see that they are promptly paid. Respectfully: Clifford Dick Project Manager/ Operations 0096 County Rd 160 Glenwood Springs, CO 81601 (970)- 928 -0418 Office (970)- 928 -0417 Fax (970)- 219 -5385 Cell Email Correspondence: Identification of Representative and Financier Responsibilities Spring Valley Compressor Station From: Ashlee Lane Sent: Tuesday, November 15, 2011 11:03 AM To: 'Julie Hanson' Cc: Dick, Clifford; Atwater, Tim; pwaller @coloradomtn.edu; sboyd @coloradomtn.edu; Herman Lucero; Maurice Foye Subject: FW: Documents Julie, After speaking with Ms. Gagnon, Garfield County's Assistant Attorney, she provided clarification that HCSI can represent CMC, the land owner, as the authorized representative on all of the applications. Upon providing HCSI a statement of authority, as you addressed below, HCSI will have permission to sign the applications and act as the land owner's authorized representative. HCSI will need the following from CMC to finalize the applications: • Pertaining to the letter of authorization attached, CMC Authorization Exhibit 1, CMC will also need to provide a statement of authority that Steve Boyd has the authority to write and sign this letter giving HCSI authorization to represent CMC, the land owner on the applications. • Pertaining to all of the applications, CMC will need to provide a statement of authority that authorizes, myself (Ashlee Lane), to be the authorized representative on the applications and agreement to pay forms on behalf of the landowner. • Both statement of authorities, as required by state law, are required to be recorded and notarized. Ms. Gagnon stated that you are welcome to contact her with questions pertaining to any of this information if needed. HCSI will sign the agreement to pay forms with the agreement that Rocky Mountain Natural Gas LLC will reimburse all costs associated with all three applications and the Garfield County review process. I will be delivering the entire PUD Amendment/Rezoning application to your office this afternoon as mentioned earlier today. I can pick the remaining documentation up from your office Monday, November 21st. Please contact me with any questions you may have. Thank you for your time. Sincerely, Ashlee Lane HRL Compliance Solutions, Inc. Project Manager 970.243.3271 office 970.270.6765 mobile www.hrlcomp.com This e-mail and any attachments are confidential and only for the use as authorized by HRL Compliance Solutions, Inc. If you receive this message in error or are not the intended recipient, you should not retain, distribute, disclose or use any of this information. Permanently delete the e-mail and any attachments or copies. From: Julie Hanson [ mailto :jhanson @beattiechadwick.com] Sent: Monday, November 14, 2011 8:40 AM To: Ashlee Lane Cc: Dick, Clifford; Atwater, Tim; pwaller @coloradomtn.edu; sboyd @coloradomtn.edu; Herman Lucero; Maurice Foye Subject: RE: Documents Hi Ashlee: Attached are my proposed changes to the Guide — I really feel that it is just an amendment so all we need to do is reflect the amended part — anything not amended is in full force and effect. It appears as though there are other submittal requirements per the code. I will need to see all submittal documents before we can finalize the application. If there is additional information required by the Code in the sections that I deleted, CMC can provide the necessary information. I am sending this at the same time as I am sending it to CMC. Pete Waller will need to confirm the existing utilities. The lease says that Rocky Mountain Natural Gas, LLC shall submit the application at its cost — so I feel we do have the authority there. However, if HRL is going to be the one actually presenting the application, we can do a limited statement of authority for HRL and a letter agreement with HRL that reflects the language in the lease with Rocky Mountain Natural Gas, LLC — "All applications shall be subject to review and approval by CMC, in its sole discretion, prior to submittal." Thanks, Julie Julie S. Hanson Beattie, Chadwick & Houpt, LLP 932 Cooper Avenue Glenwood Springs, CO 81601 Tel: (970) 945 -8659 Fax: (970) 945 -8671 Jhanson@beattiechadwick. corn This message contains information which may be confidential and privileged under the attorney - client privilege, the work product privilege, or both. Unless you are the addressee (or authorized to receive for the addressee), you may not use, copy or disclose to anyone the message or any information contained in the message. If you have received the message in error, please advise the sender by reply e -mail, and delete the message. Thank you very much.