Loading...
HomeMy WebLinkAbout1.0 ApplicationENCANA TM North Parachute Ranch Drill Fluid Recycling System Special Use Permit Application December 2008 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 RECEIVED DEL 3 1 2008 Gtki-tr ir_L.) L;OONTY BUILDING & PLANNING SPECIAL USE PERMIT Doc. #5k.APVF2c4-CPD GENERAL INFORMATION (Please print legibly) 9 Name of Property Owner: EnCana Oil & Gas (USA) Inc. 9 Mailing Address: 370 17th St., Suite 1700 Telephone: (720 ) 876 -3989 9 City: Denver State: CO Zip Code: 81635 Cell: ( 970 ) 309 -8106 9 E -mail address: brenda.linster@encana.com FAX: ( 720) 876.4989 9 Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc): > Chris Putnam 9 Mailing Address: 2717 County Road 215 Telephone: ( 970) 285 -2757 > City: Parachute State: CO Zip Code: 81635 Cell: ( 970) 208 -3409 > E -mail address: christopherputnam@encana.com FAX: ( 970) 285 -2691 9 Description of Special Use Requested: A system of pipelines, pits, and pumps used to transfer and recycle water for use in drilling and completion operations associated with the production of natural gas. 9 Street Address / General Location of Property: EnCana's North Parachute Ranch located approximately 10 miles north of the Town of Parachute on County Road 215. 9 Legal Description: Well Pads in Sections 19, 27, 28, and 29 of T5S R95W and Sections 15, 22, 25, and 26 of T5S R96W 9 Assessor's Parcel Number: 2135 _ - _2Z3 - A0 - _015 9 Existing Use: Operations associated with the production of natural gas 9 Property Size (in acres) 45,000 Zone District: Resource Lands Last Revised 7/1/08 NORTH PARACII[I C RANCH Darr]. Fl.1'1D RECYCLING SYSTEM I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Please submit, 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 and /or 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. EnCana Oil & Gas (USA), Inc. (EnCana) requests a Special Use Permit (SUP) from the Garfield County Board of County Commissioners (BOCC) for an Industrial Support Facility (North Parachute Ranch (NPR) Drill Fluid Recycling System (DFRS)) for the transfer of water for re -use in the process of drilling and completing natural gas wells on the NPR. The DFRS will consist of pits on multiple well pads which are connected by a series of existing and future temporary surface and permanent buried pipelines. Temporary diesel and natural gas powered pumps will transfer the water from pit to pit as needed for natural gas operations on the NPR. The water will be periodically sent to the Middle Fork Water Storage Facility (Resolution No. 2005 -45) for treatment and storage before re- entering the DFRS. A copy of the Middle Fork Water Storage Facility Special Use Permit is available for "reference in the Supporting Documentation Tab. All activities directly related to the DFRS will be conducted on COGCC permitted well pads. The NPR DFRS is proposed by EnCana to address the issue of efficiency and truck traffic on EnCana's NPR. EnCana has designed a system that will transport water with pumps using permanent and temporary pipelines. The impact for traffic on the NPR specifically will be significantly reduced by approximately 120,000 trips per year. Traffic on County Road 215 will be reduced as well. The reduction in traffic reduces fuel consumption, emissions, and the potential for harm to human health and the environment. The implementation of this system also reduces the need for fresh water by recycling the water used for the drilling and completion of a well. The Proposed DFRS is completely contained on EnCana's NPR, which is located approximately 8.5 miles north northwest of the Towrt of Parachute. The NPR is owned by EnCana. The deed to the NPR and specific legal descriptions pertaining to this project can be found in the Deed & Legal Tab. This recycling operation will utilize existing and future pits for treatment and storage. These pits are, or will be, located on well pads permitted and constructed to, or above, the standards set by the Colorado Oil and Gas Conservation Commission (COGCC) for drill fluid collection and storage during drilling operations. The pits are connected by a series of SPECIAL USE PERMIT APPLICATION DECEMBER 2008 NORTI 1 1'\RACI IL:TE RANCI I 17R1Ja. F'LU'ID RECYCLING SYSTEM pipelines that minimize the need for truck transport of fresh water, produced water, flow - back water, frac- water, and drilling fluids. EnCana has existing and future pads where pits may be constructed and utilized as part of the recycling operations. Existing pits are, and future pits will be, permitted through the COGCC. These pits will be integrated into an existing drill fluid recycling system at the Middle Fork Water Storage Facility on the NPR. The Garfield County Special Use Permit for the Middle Fork Water Storage Facility is in the Supporting Documentation Tab. Activities for this project will begin with the following pads: Region of NPR Drill Pad ID Region of NPR Drill Pad ID East Fork A28 East Fork L29 East Fork C27 East Fork N30 East Fork C27A Middle Fork D19 East Fork C28 West Fork A15 East Fork D27 West Fork H22 East Fork D28 West Fork J22 East Fork G29 West Fork J25A East Fork H29A West Fork K22 East Fork 130 West Fork K25A East Fork 130A West Fork K26 East Fork J27 Additional pits will be phased into recycling operations as drilling operations continue on the NPR. Pits will be used as transfer pits or as mud processing /dewatering pits. The locations of recycling operations will be determined on an as- needed basis in order to match drilling and completion operations. The DFRS minimizes fresh water use and water hauling by truck while maintaining efficient development. In order to meet drilling and completion needs, EnCana plans to use Garfield County's permit amendment process available in 2009 to accommodate the need for flexibility associated with this facility. The recycled water in the DFRS will be re -used for subsurface well drilling (as opposed to surface drilling, which requires the use of fresh water) and completion and production activities, thereby reducing EnCana's demands on fresh water supplies. The DFRS is anticipated to result in an average fresh -water savings of approximately 30,000 - to 60,000 - bbls per day. The DFRS includes existing and future temporary surface and permanent buried pipelines that have been and will continue to be used to transport fluids from pad to pad and to the Middle Fork Water Storage Facility for processing. The pits may be used up to 24 hours per day, 365 days per year, for the duration of En Cana's natural gas development in the NPR. The pits will be closed when they are no longer SPECIA1. USE PERNIIT APPLICATION D I ;C1? NI R I 1 2Q08 Noiii PA I RAC I IL I E RANCII DRI].I. FLUID RI:CYCI.ING SYSTI:LI needed, which is expected to be within two to three years of initial drill fluid recycling activity. All pits will be closed and reclaimed as described in the COGCC rules and as also described in EnCana's Reclamation Plan attached in the Reclamation Tab. There is no anticipation of any additional construction of structures in association with the existing pits. If structures are needed in the future, EnCana will permit these facilities as Garfield County requires. As operations develop, future pits will replace existing pits. There is no current need for additional utilities to be used in association with these pits. 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. Due to the nature of the well pads, permanent water and sanitation facilities are not feasible. Bottled water will be available for drinking and ports johns will meet the sanitation needs for the well pads associated with the DFRS. EnCana has prepared and utilizes the North Parachute Ranch Stormwater Management Plan (SWMP) and the Spill Prevention, Control, and Countermeasure Plan ( SPCCP) for Gas Gathering Facilities. Implementation of these plans ensures that activities associated with the DFRS comply with stormwater management and spill prevention controls and countermeasures as required by Garfield County, the State of Colorado, and the United States Environmental Protection Agency. Implementation of these plans also mitigates the potential for EnCana to pollute surface runoff, stream flow, or groundwater. Copies of the SWMP and SPCCP are provided in the Stormwater Tab. A Quit Claim Deed delineating EnCana's water rights is contained in the Supporting Documentation Tab. 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. Specific site plans for each of the locations are attached in the Maps Tab. SrEcIAL Us1? PI :,RMIIT APPLICATION DECCMIBER 2008 Nowui I PARACHUTE RANG DR11.1. Run) RI;cYCLING SYsrr:N 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. Vicinity maps for the NPR delineating the locations of the well pads proposed for use by the DFRS are attached in the Maps Tab. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all the subject property and public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, public and private landowners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office. We will also need the names (if applicable) of all mineral right owners of the subject property. (That information can be found in your title policy under Exceptions to Title). The appropriate Garfield County Assessor's Maps, a list of adjacent Iandowners, and specific schedule deeds delineating surface and mineral rights of the proposed well pads are attached in the Ownership Tab. 6. Submit a copy of the deed and a legal description of the subject property. The DFRS is located on EnCana's NPR, which is zoned Resource Lands and consists of 45,000 -acres of land owned by EnCana. EnCana, being the surface owner in all cases as it pertains to this project, is acting on its own behalf. The specific deeds to the locations listed above are contained in the Deed & Legal Tab. 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his /her behalf. The owner of the property is EnCana and EnCana is also the applicant of the SUP application. S. 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. Per$onnel are not anticipated to be working exclusively at these locations. Asa result, a permanent potable water system and wastewater system are not considered necessary for this project. Drinking water will be available on site and porta johns will address sanitation needs for the activities related to the DFRS. SPECIAL, Usi: PERMIT APP1..icA FION DEcLM[ FA 2008 Nolan P R.ACIJU'TERANCII DRILL FLUID RECYCLING SYSTEM (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. The DFRS is located entirely on the NPR and access is gained therein. The guard shack, which regulates entry into the NPR, is located on County Road 215 approximately 10 miles north of the Town of Parachute. (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; The DFRS is located in an oil and gas industrial setting and minimal visual impact would occur to the general public or adjacent property owners from any construction and /or operation of these facilities. The nearest residence is approximately 3 miles to the south of the NPR guard gate, and the other adjacent property owners are also involved in and currently operating natural gas processing and mineral extraction facilities. The DFRS would not change the existing 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 & 5.03.081, Accessory Dwelling Units [section 5.03.211, Utility line/Utility Substations, etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site at http:// www.marfieldcountv.com /buildinH and planning /index.htm, or information can be obtained from this office. 5.03.07 Industrial Operations: Industrial Operations, including extraction, processing, fabrication, industrial support facilities, mineral waste disposal, storage, sanitary landfill, 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 ten (10) copies of an impact statement on the proposed use describing 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 impact statement shall address the following: SPECIAL USE PERMIT APPLICATION DECEMBER LBER 2008 NORTH PA ACIILILRANC]I DRILL FLUID RECYCLING SYSTEM (A) Existing lawful use of water through depletion or pollution of surface run -off, stream flow or groundwater; EnCana has prepared and utilizes the North Parachute Ranch Stormwater Management Plan (SWMP) and the Spill Prevention, Control, and Countermeasure Plan (SPCCP) for Gas Gathering Facilities. Implementation of these plans ensures that activities associated with the DFRS comply with stormwater management and spill prevention controls and countermeasures as required by Garfield County, the State of Colorado, and the United States Environmental Protection Agency. Implementation of these plans also mitigates the potential for EnCana to pollute surface runoff, stream flow, or groundwater. Copies of the SWMP and SPCCP are provided in the Stormwater Tab. A Quit Claim Deed delineating EnCana's water rights is contained in the Supporting Documentation Tab. (B) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations; EnCana does not foresee the generation of vapor or smoke. Equipment operation such as portable transfer pumps within the locations and trucks loading and unloading equipment and supplies from the locations may produce vapor or smoke similar to vehicles traveling on roads, which is a standard by- product of equipment operation. EnCana would apply water, gravel, tackifier, or other equivocal measures as necessary to prevent fugitive dust emissions from vehicles traveling in the project area. EnCana has completed a sound level study for the existing Middle Fork Compressor Station. The survey results confirm the existing facilities (with 30,OQO horsepower of electric- driven compressor units running) are in compliance with the Colorado Oil and Gas Conservation Commission (COGCC) noise regulations. The survey indicated that the sound levels for the Middle Fork Compressor Station were, "completely inaudible at all of the property -line and residential measurement locations." A report on the results of the sound level survey is provided in the Environmental Tab. The only noise generated from the DFRS will be from portable generators and pumps. Noise will be far less than the drilling and natural gas processing operations already occurring on the NPR. Therefore, noise impacts to adjacent land are not anticipated. EnCana will use portable light plants to meet lighting needs required for the DFRS. All lighting will be directed inward and downward so as to minimize glare to the extent possible. Minor vibration may occur from operation of tire- mounted equipment and portable pumps; however, vibrations would not be noticeable at the property line. SPECIAL USE PERMIT APPucATioN DECEMBER 2008 NORTH PARACHUTE: RANCII DRILL FLUID RECYCLING SYSTEM (C) Impacts on wildlife and domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions; Prior to selecting a well pad location, EnCana evaluates potential drilling sites for wetlands, presence of threatened and endangered species, water quality, and revegetation potential. Existing well pads have been sited to avoid or minimize impacts to wildlife and future well pads will be sited with the same considerations. The implementation of the DFRS on well pad locations permitted through the COGCC will not result in additional impacts on wildlife or domestic animals. Construction of well pads will have a short-term, localized impact on existing vegetation until the pads are reclaimed and revegetation efforts are successful. The implementation of the DFRS will likely have a positive impact on the wildlife oil the NPR due to the decrease in truck traffic associated with its use. (D) Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County; Activity at the NPR is anticipated to decrease significantly with the implementation of the DFRS. It is anticipated that the transfer of water through the use of this facility would reduce truck traffic on the NPR by 120,000 truck trips per year. Consequently, traffic on County Road 215 would also be reduced. This would decrease potential vehicle /wildlife encounters on County Road 215 and on the NPR. (E)That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use(s). The nearest residence is approximately 3 miles to the south of the NPR guard gate providing substantial geographic relief. The remaining abutting property owners are also involved and currently operating natural gas processing or mineral extraction facilities, so no additional impact would occur to the abutting property owner from the construction and /or operation of the DFRS. (F)Mitigation measures proposed for all of the foregoing impacts identified and for the standards identified in Section 5.03.08 of this Resolution. No mitigation measures are proposed. EnCana will implement mitigation measures recommended by the Garfield County BOCC and Building and Planning Department. (�) Permits may be granted for those uses with provisions that provide adequate mitigation for the following: SPECIAL USE PERMIT APPLICA'T'ION DECEMBER R 2008 NOErrlI PARACHUTE RANCH Diuu. F1111) RECYCLING SYSTEM (A) A plan for site rehabilitation must be approved by the County Commissioners before a permit for conditional or special use will be issued. EnCana has developed the North Parachute Reclamation Plan as a guide for reclaiming disturbed areas as a result of constructing well pads, access road, compressor stations, facilities and pipelines. The North Parachute Ranch Reclamation Plan is included in the Reclamation Tab. Existing and future pits will be located on well pads permitted by the COGCC. EnCana will complete interim reclamation of the well pad in accordance with COGCC rules and regulations. After drilling and completion operations have been completed for all the wells permitted on a well pad, EnCana will complete final reclamation in accordance with COGCC rules and regulations. (B) The County Commissioners 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, bond, certified check or other security deemed acceptable by the County Commissioners in the amount calculated by the County Commissioners 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: All activities associated with the DFRS are located on well pads permitted through the COGCC and financial securities for reclamation have been acquired according to that permitting process. (C) Impacts set forth in the impact statement and compliance with the standards contained in Section 5.03.08 of this Resolution. (A. �3- 061) EnCana will comply with the standards contained in Section 5.03.08 of this Resolution. (A.93 -061) 5.03.08 Industrial Performance Standards: All industrial operations in the County shall comply with applicable County, State, and Federal regulations regulating water, air and noise pollution and shall not be conducted in a manner constituting a public nuisance or hazard:. Operations shall be conducted in such a manner as to minimize heat, dust, smoke, vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the property in which such uses are located, in accord with the following standards: SPECIAL. L SI, PERMIT APPLICATION DI;CESIRER 2008 NORIAI PARACI IL'IE RANCII DRILL FLUID RECYCLING SYSTEM (1) Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. (A. 93- 061) As previously described in detail in Section 5.03.07 (IB) above, EnCana is confident that sound levels from the DFRS would be in compliance with COGCC regulations. (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; Minor vibration may occur from operation of tire - mounted equipment, portable pumps, and generators; however, vibrations would not be noticeable at the property line. EnCana would provide vibration mitigation to meet all vibration regulation requirements. Vibrations would not be noticeable at the fenced property boundary of the DFRS. (3) Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards; EnCana would apply water, gravel, tackifier, or other equivocal measures as necessary to prevent fugitive dust emissions from equipment and/or vehicles traveling in the project area. (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 constitute.y 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; No heat generation is anticipated in association with the DFRS and would not be detectable at the property boundaries. Potential glare from installation of lighting (currently not anticipated) will be minimized by directing any outside lighting downward and inward to the facility. No radiation would be produced and the only potential furnes would be from portable pumps and generators associated with the DFRS, Adjacent property would not be affected and a public nuisance or hazard would not be created. (5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas (A97 -112) A) Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state SPECIAL. USE PERMIT APPLICATION DEG MBER 2008 NORTII PARACHUTE RANCI I 1)R11.L FLUID RECYCLING SYSTEM and local fire codes and written recommendations and /or comments from the appropriate local protection district regarding compliance with the appropriate codes; (A97 -112) This facility is not anticipated to accommodate the storage of flammable or explosive solids or gases. (B) At the discretion of the County Commissioners, all outdoor storage facilities may be required to be enclosed by fence, landscaping or wall adequate to conceal such facilities from adjacent property; 64 97-112) There are no storage facilities associated with the DFRS. (C) No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces; (A97 -112) Any waste material generated will be disposed of at a licensed disposal facility. No materials or wastes would be deposited on -site. (D) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the following standards: (A97 -112) 1. The minimum lot size is five (5) acres and is not a platted subdivision. There are no storage facilities associated with the DFRS. 2. The equipment storage area is not placed any closer than 300 ft. from any existing residential dwelling. There are no storage facilities associated with the DFRS. 3. All equipment storage will be enclosed in an area With screening at least eight (8) feet in height and obscured from view at the same elevation or lower. Screening may include berming, landscaping, sight obscuring fencing or a combination of any of these methods. There are no storage facilities associated with the DFRS. 4. Any repair and maintenance activity requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries SPECI[,I. USE PERMrr ,APPLICATION D];cLMBER 2008 NORTII PARACIEL'TI RANCH DRILL Pi..L'ID RECYCLING STSITNI will be conducted within a building or outdoors during the hours of 8 a.m. to 6p.m., Mon. -Fri. No equipment maintenance will occur that would affect adjacent property owners. 5. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right -of -way. Equipment loading and off - loading will be conducted on the EnCana property and not on a public right-of-way. (E) Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. (A97 -112) There are no storage facilities associated with the DFRS. (F) Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property (A97112) There are no storage facilities associated with the DFRS. If lighting is utilized in association with the DFRS, it will be directed downward and inward to prevent direct reflection on adjacent property. (6) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before 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. EnCana has prepared and utilizes the North Parachute Ranch SWMP and SPCCP. Implementation of these plans ensures that activities comply with stormwater management and spill prevention controls and countermeasures as required by Garfield County, the State of Colorado, and the United States Environmental Protection Agency. Implementation of these plans also mitigates the potential for EnCana to, pollute surface runoff, stream flow, or groundwater. Copies of the SWMP and SPCCP are provided in the Stormwater Tab. 10. A $525, 00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. SPECIAL, USE PCRMIT APPLICATION DEC)iMBER 2008 NOWT!' PARACHUTE RANCH DR]].I. FLUID RECYCLING SYSTEM 11. Submit 12 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 Special Use Permit application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS (The following steps outline how the Special Use Permit Application review process works in Garfield County.) 1. Submit this completed application form, base fee, and all supplemental information to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. In addition, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Special Use. (If Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use and the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed special use and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circalatior in that portion of the County in which the subject property is located at least thirty (30) but not mare than sixty (60) days prior to the date of stick hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. c. The site shall be posted such: that the notice is clearly and conspicuously visible from a public right -of -way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensare that it remains posted until and during the date of the hearing. SPECIAL USE PERMIT APPLICATION DKENIR FR 2008 NORTI i PARA(I IL I E RANI I DRILL FLUID RECYCLING SYSTEM 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. In addition, the Applicant shall provide proof at the Bearing, that proper notice was provided. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. re of appli ant /owner) Last Revised: 02/2006 SPECIAL USE PIIRNIrr APPLICATION DI:cI.1<r13rLR 2008 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and EnCana Oil & Gas (USA) Inc. (hereinafter APPLICANT) agree as follows: I. APPLICANT has submitted to COUNTY an application for North Parachute Ranch Drill Fluid Recycling System (hereinafter, THE PROJECT). 2. APPLICANT 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. APPLICANT 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. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT 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. APPLICANT Date: 12/31/2008 Chris Putnam Print Name Mailing Address: EnCana Oil & Gas (USA) Inc. 2717 County Road 215, Suite 100 Parachute. CO $1635 10/2004 Page 4 1111 r rICTI NIA:, €101011 4�,VI4'ArIiiVIti f, I.i.,1tir ?, MI II I Receptienit: 760312 12!1812008 03:14,o0 PM Jean Rlberlce t or 2 Rec Fee.$11.00 Ooc Fee:0.00 GARFIELD COUNTY CO STATEMENT OF AUTHORITY Pursuant to C.R.S. §3S -3a -172, the undersigned executes this Statement of Authority on behalf of EnCana Oil & Gas (USA) Inc., a corporation (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited par.tnershj_p, limited par_ tnel shi p association, government: agency, ttuat or other) , an entity other than an individual, capable of holding title to real property (the "Entity "), and states as follows: The name of the Entity is EnCana Oil & Gas (USA) inc. and is formed under the laws of the State of Delaware. The mailing address for the Entity is 370 17`]' Street, Suite 1700; Denver, CO B02O2. The name and /or position of the person(s) authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is /are Brenda t.inster, Kent. Lindberg, Renata Busch, Brett Crabb, Jason Eckman, Chris Putnam and Khem Suthiwan. The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows: sign Garfield County permits including, but not limited to Special Use Permits; Pipeline Development Plan Adrni.ni..strat-1 ve Permits; Major and Minor Permits and Small. Facility Checklists for Temporary Employee Housing; grading permits; building permits; ISDS permits; utility installation permits; driveway permits; major Impact Permits; Limited Impact Permits; arnd Administrative Permits. (if no limitations, inort "Noni7 ") Other matters concerning the manner in which the Entity deals with any interest in real property are: cif no other matter, leave this section blank) 3I11 lea M@f Il !VW la7111 101.a1,Allia MAWI 11111I Receptions: 760312 1211812008 03:14.00 P11 Juan illberico 2 of 2 Rya Fee:513 00 buc Fue.0 00 GRF:F[ELO COUrJIY (,Q Page 2 of Statement of Authority EXECUTED this 1 day of 1(,4 .1,, STATL: O "' COUNTY Y OI Signature: Name C:yped or printed. Ti Lie (_f any; : The t':7t'egci.rg in8trum rft .rat ack7]n'.:1edged be ere Cir ".:f of 2008 1..y { �. L or behalf ,:r Witness my hand and official seal. f (Norary •