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HomeMy WebLinkAbout1.03 Application submittal 03.24.11GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.qadield-countv.com MAR 2, 4 2011 U ; + COUNTY BULL; P A NG suAP — Calg�P 0 MAJOR IMPACT REVIEW 0 MAJOR IMPACT REVIEW [AMENDMENT] I SUP AMENDMENT [Issued under the Zoning Resolution of 1978, as Amended] GENERAL INFORMATION (Please print legibly) A Name of Property Owner: Chevron U.S.A. Inc. (Attn: Julie Justus) Mailing Address: 760 Horizon Drive Telephone: ( 470 ) 257 -6042 A City: Grand Junction State: CO Zip Code: 81506 Cell: ( 970 ) 589-5036 A E -mail address: ;iustus@chevron.com FAX: ( 970) 245 -6489 A Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc): > Mailing Address: Telephone: ( ) ➢ City: State: Zip Code: Cell: ( ) E -mail address: FAX: ( ) Requested Use from Table 3 -501 or 3 -502: Industrial Support Facility Amendment to SUP 18908,Resolution 2009 -41 to extend existing permit term > Street Address / General Location of Property: The existing Temporary Water Management System is located approximately 18 miles north - northwest of DeBeque, Colorado A Legal Description: SE/4 NE /4 of Section 35, Township 5 South, Range 98 West, of the 6th PM, Garfield County, Colorado > Assessors Parcel Number: 2 1 31 3 2 1_ 0 0- 0 0 8 ➢ Existing Use: Grazing / Oil & Gas Extraction _ A Property Size (in acres) 0.86 (existing) Zone District: Resource Lands Gentle SloppeJ Last Revised 10/6/09 I. GENERAL SUBMITTAL REQUIREMENTS [The following general application materials are required for all Major Impact Review Applications in Garfield County. Application materials and review standards that are specific to an individual use (Mass Transit Facility, Extraction, Solid Waste Facility , etc,) are detailed in Sections 3 -301 of Article 111 and Article 1/11 of the Unified Land Use Resolution (ULUR) of 2008.] A. Submit a completed and signed Application Form, an application fee, and a signed Agreement for Payment form. B. A narrative explaining the purpose of the application and supporting materials that address the standards and criteria found in Articles III and VII of the Unified Land Use Resolution of 2008. C. Copy of the deed showing ownership. Additionally, submit a letter from the property owner(s) if the owner is being represented by another party other than the owner. If the property is owned by a corporate entity (such as an LLC, LLLP, etc.) Please submit a copy of recorded "Statement of Authority" demonstrating that the person signing the application has the authority to act in that capacity for the entity. D. 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). E. Vicinity map: An 8 1/2 x 11 vicinity map locating the parcel in the County. The vicinity map shall clearly show the boundaries of the subject property and all property within a 3 -mile radius of the subject property. The map shall be at a minimum scale of 1" =2000' showing the general topographic and geographic relation of the proposed land use change to the surrounding area for which a copy of U.S.G.S. quadrangle map may be used. F. A copy of the Pre - Application Conference form completed during the original Pre - Application Conference. G. Submit 3 copies of this completed application 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. I. Major Impact Review Process The following section outlines and describes the Major Impact Review process for the variety of uses that are governed by the Board of County Commissioners by the Unified Land Use Resolution of 2008 (ULUR). Please refer to Articles III and VII in the regulations themselves for a higher level of detail. [The following process is required Wit. a A-A GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT PAYMENT AGREEMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and Chevron U.S.A. Inc. Property Owner (hereinafter OWNER) agree as follows: 1. OWNER has submitted to COUNTY an application for Industrial Support Facility Special Use Permit Amendment (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) Signature Julie Justus Print Name Mailing Address: 03/24/2011 Date 760 Horizon Drive, Suite 412 Grand Junction, CO 81506 Page 4 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 and 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 and 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. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. Page 3 Chevron U.S.A. Inc. Application to Amend Special Use Permit 18908, Resolution 2009 -41 Contents 1. Pre- Application Summary 2. Statement of Proposed Amendment 3. Resolution No. 2009 -41, SUP 18908 and Land Use Change Permit to amend conditions 4. Statement of Authority, Michael DeBerry Power of Attorney, Recorded 5. Statement of Authority, Julie Justus 6. Garfield County Assessor's Maps (3) 7. Property Deed, Tracts 110 and 111, Section 35 8. Vicinity Maps (3) 8. Temporary Water Management System As -Built Site Plan GARFIELD COUNTY Building & Planning Department 108 8,h Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield- county.com PRE - APPLICATION CONFERENCE SUMMARY 1 PLANNER: Molly Orkild- Larson PROJECT: Chevron Temporary Produced Water Facility Time Extension COMPREHENSIVE PLAN: Industrial and Agricultural Production /Natural (35+ AC /DU) and Residential MH (2 to <6 DU /AC) PreApp DATE: March 3, 2011 PARCEL: 2137- 321 -00 -008, 2139- 163 -00 -014 ZONING: Resource Land /GS OWNER: Chevron USA Inc. REPRESENTATIVE: Julie Justus PRACTICAL LOCATION: Approximately 2.5 miles north of CR 211 TYPE OF APPLICATION: Amendment to an Approved Land Use Change Permit for a time extension for a Temporary Produce Water Management Facility GENERAL PROJECT DESCRIPTION -- The Applicant wishes to amend Condition 18 of Resolution 2009 -41 which states "The. Special Use Permit for the Temporary Produced Water Management System shall expire 12 months from the issuance of permit, subject to a review at that time to consider for extension of another 12 months." Chevron applied for a time extension in 2010 for the temporary facility and received County approval through for 12 months with a revised expiration date of July 7, 2011. Under the present Unified Land Use Resolution 2008, as amended, the request to change a specific condition of approval constitutes a substantial change and requires the Board of County Commissioner's review and approval through a public hearing. I. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS: • Garfield County Unified Land Use Resolution o Article IV, Application and Review Procedures • Section 4 -107 Amendments to an Approved Land Use Change Permit • Section 4 -501 (H) Application Materials 1. General Submittal Requirements (A — G); 2. Written Statement of the proposed amendment; and, 3. Supporting documents — Site Plan. o Article XVI, Definitions • Substantial Change IL PROCESS In summary, the process will be the following: 1. Pre - application Meeting (held 3/3/2011); 2. Submittal of complete Amendments To An Application; 3. Review by staff for Technically Complete (TC) Status; 4. Notice of TC to applicant with schedule; 5. Director prepares public notice for advertising and mailing; 6. Hearing scheduled for Board of County Commissioners; and, 7. Staff memo preparation and Board of County Commissioners hearing and decision. III. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: _ Planning Commission X Board of County Commissioners Board of Adjustment IV. APPLICATION REVIEW FEES a. Planning Review Fees:$ 300.00 b. Referral Agency Fees: $ (Separate Check, see attached fee schedule) c. Total Deposit: $ 300.00 (additional hours are billed at $ 40.50 /hour) 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 and is valid for only six months. Pre - application Summary Prepared by: Molly Orkild -L sson, AICP, RLA date Senior Planner for applications for land use changes that are subject to Major Impact Review as defined in Table 3 -501 or 3 -502 in Article III.] A. Outline of Process. The Major Impact Review process shall consist of the following procedures: 1. Pre - Application Conference (4 -103 (A)) 2. Application (4 -103 (B)) 3. Determination of Completeness (4 -103 (C)) 4. Evaluation by the Director /Staff Review (4 -103 (E)) 5. Public Hearing and Recommendation by the Planning Commission (4- 103 (G)) 6. Public Hearing and Decision by the Board of County Commissioners (4 -103 (G)) B. Submittal Materials: The following materials shall be submitted with a Limited Impact Review application and are more fully defined in Section 4 -502 of Article IV of the ULUR. The Director may waive or alter any of these requirements if they are determined to be inappropriate or unnecessary to determining if the application satisfies applicable standards. 1. Application Form and Fees 2. Site Plan (4- 502(C)(3)) 3. Erosion and Sediment Control plan (4- 502(C)(4)) 4. Landscape Plan (4- 502(C)(5)) 5. Land Suitability Analysis (4- 502(D)) 6. Impact Analysis (4- 502(E)) 7. Improvements Agreement, if appropriate (4- 502(1)) II. Major Impact Review Amendment Process Any proposal to change conditions of approval or a site plan approved under these Regulations as a Major Impact Review permit shall require application to the Director for Amendment of a Major Impact Permit Approval. The Director shall review the application to determine whether the proposed change constitutes a substantial change to the Major Impact Permit approval pursuant to Section 4 -107 of Article IV. A. Outline of Process. The review process for a proposed Amendment of an Approved Major Impact Review shall consist of the following procedures. 1. Pre - Application Conference (4 -103 (A)) 2. Application (4 -103 (B)) 3. Determination of Completeness (4 -103 (C)) 4. Evaluation by the Director /Staff Review (4 -103 (E)) 5. Decision by Director (4- 104(B)(5)) 6. Public Hearing and Decision by the Board of County Commissioners (4 -103 (G)) B. Submittal Materials: The following materials shall be submitted with a Major Impact Review Amendment application and are more fully defined in Section 4 -502 of Article IV of the ULUR. The Director may waive or alter any of these requirements if they are determined to be inappropriate or unnecessary to determining if the application satisfies applicable standards. 1. Application Form 2. Supporting documents necessary to evaluate the proposed revision(s) 3. Written Statement of proposed amendment(s) which includes how the requested amendment does not result in a substantial change defined here: Substantial Change. A change to and existing approved land use resulting in one or more of the following: 1. A change in land use category. 2. A change in site design which increases a. The number of dwelling units. b. The maximum square footage of structures less than 10,000 sq. ft. over 100% and structures over 10,000 sq. ft. by 10 %, if a maximum has been specified in a permit or approval. c. Projected traffic such that a highway access permit or an amendment to a highway access permit is required as a result of the change. d. The size of the land which is the subject of the permit or approval 3. A change in land use which creates or increases the incompatibility of the use. have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. 1 . 03/24/2011 (Signature of Property ewner) Date 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 BASE FEE Vacating Public Roads & Rights -of -Way $400 Sketch Plan $325 $675 + application agency review fees and outside Preliminary Plan / Conservation Subdivision consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey Preliminary Plan Amendment $325 Final Plat $200 Final Plat Amendment 1 Correction Plat $100 Combined Preliminary Plan and Final Plat $1,075 Minor Exemption / Amendment $300 / $300 Major Exemption / Amendment $400 / $300 Rural Land Development Option Exemption / Amendment $400 / $300 General Administrative Permit $250 Floodplain Development Permit $400 Pipeline Development Plan / Amendment $400 / $300 Small Temporary Employee Housing $50 Minor Temporary Employee Housing $250 Limited Impact Review / Amendment $400 / $300 Major Impact Review / Amendment $525 / $400 Rezoning: Text Amendment $300 Rezoning: Zone District Amendment $450 Planned Unit Development (PUD) / Amendment $500 / $300 Comprehensive Plan Amendment $450 Variance $250 Interpretation $250 Takings Determination NO FEE Planning Staff Hourly Rate • Planning Director $50.50 • Senior Planner $40.50 • Planning Technician $33.75 • Secretary $30.00 County Surveyor Review Fee (includes review of Amended Determined by Surveyor$ Plats, Final Plats, Exemption Plats) Mylar Recording Fee $11 —1st page $10 each additional page Page 2 See Attached Power of Attorney STATEMENT OF AUTHORITY Pursuant to C.R.S. §38 -30 -172, the undersigned executes this Statement of Authority on behalf of a (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity "), and states as follows: The name of the Entity is and is formed under the laws of The mailing address for the Entity is The name and /or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows: (if no limitations, insert "None ") Other matters concerning the manner in which the Entity deals with any interest in real property are: (if no other matter, leave this section blank) EXECUTED this day of Signature: Name(typed or printed: Title (if any): , 20 STATE OF )SS. COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 by , on behalf of 05/09 , a Witness my hand and official seal. My commission expires: [SEAL] (Notary Public) RECEIPT/INVOICE Garfield County 108 8th Street Suite 401 Glenwood Springs, CO 81601 Phone: (970)945 -8212 Fax: (970)384 -3470 'Applicant Chevron USA Inc Chevron USA Inc 7RO_Rnri7on RR Lion, CO 81506 Return to: Invoice Number: INV -3 -11 -20912 Invoice Date: 3/25111 Plan Case: Special Use Amendment Application, SUAA -3 -11 -6786 Garfield County 108 8th Street Suite 401 Glenwood Springs, CO 81601- Memo: SUP AMD, extend permit term (SUP10908, RESO:2009 -41) Fee Name Special Use Amendment Fee Fee Type Fixed Fee Amount $300.00 Total Fees Due: $300.00 Date Pay Type Check Number Amount Paid Change 03/25/2011 Check Chevron Chevron NA Exploration Prod Co A Division of Chevron U.S;A Inc, PO Box 9034 .: Concord CA 94524 PAY TO ORDER OF .GARFIELD. COUNTY BUILDING & PLANNING !.0$ 8TFI. ST, STE 401 GLENWOOD SPRINGS CO 816013355 Three hundred and 00/100 Dollars 0026360697 $300.00 $0.00 Total Paid: $300.00 Total Due: $0.001 NO. 0026360697 62.20 an 0 3/2 1 120 1'1 * * * * ** *$300.00 bey-7.--On AUTHORtZEO S&GNATURE NOT VALID AFTER YEAR CITIBANK N.A.., ONE PENN'S; WAY NEWCASTLE; :DOE 14720,;.;,. u'00 2635069711' 1:03 L 100 2091: 3855.46 ion Friday, March 25, 2011 3. A change in land use which creates or increases the incompatibility of the use: This amendment proposal is consistent with the purpose and intended use of the permitted facility and is compatible with the current and future uses allowed within the Resource Lands - Gentle Slope zone district. Impact Analysis of Amendment Proposal The proposed amendment would not change the design, footprint, equipment or operational aspects of the existing facility, nor would it increase the impacts to natural environment. The permit extension would allow adequate time to permit and install upgraded tanks equipped with vapor recovery and remote monitoring technologies that would provide an additional measure of operational safety and environmental protection. This amendment proposal would not require modification to any existing equipment or increase the surface disturbance within or outside the existing 598 - 35BV well pad. No traffic impacts or other nuisance would be introduced as a result of this proposal. Secondary Containment, SPCC, and Stormwater Management The permitted secondary containment structure has been designed and constructed to ensure that all potentially harmful liquids are completely contained to prevent any soil contamination or transport of contaminants offsite by natural forces. The existing Temporary Produced Water Management Facility is constructed and operated in accordance with the Chevron Spill Prevention, Control, and Countermeasures (SPCC) Plan and is designed and maintained in accordance with the Chevron Skinner Ridge Stormwater Management Plan. As proposed, a permit extension would not require any change to existing conditions. Traffic This amendment proposal would not increase traffic on public or private roads. Traffic into and out of the facility is associated with existing field activities and this proposal would not result in any additional vehicular traffic on County roads. Conversely, if the current permit were to expire before modifications to the site could be permitted, constructed and commissioned for service, Chevron would necessarily have to truck produced water for disposal which could increase traffic on both private and County roads significantly. Flora and Fauna No surface disturbance or vegetation removal is proposed in this application. The Temporary Produced Water Management System is an existing permitted facility and no impacts to flora or fauna is expected as a result of this proposal. Nuisance Visual: Distance and area topography isolates the existing Temporary Produced Water Management System from the nearest residence and all other landowners in the neighboring Roan Creek drainage. The remote location and mountainous terrain visually separates the site, and most of the Chevron development, from residences in the vicinity of Roan and Clear Creeks. This amendment proposal would not contribute to an increase in visual impacts. Noise: The existing Temporary Produced Water Management Facility is classified as light industrial under the Colorado Revised Statute 25 -12 -103, which has allowable noise levels of 70 decibels [db(A)] from 7:00 AM to 7:00 PM and 65 db(A) from 7:00 PM to 7:00 AM. The existing site is located in a remote portion of Garfield County on a private road primarily accessed by personnel associated with Chevron's Skinner Ridge natural gas development. Area topography and distance screens the location from the nearest residence about 2.5 miles from the site. There are no public receptors in the vicinity of the subject site and the proposal to extend the term of the current permit would not increase the potential for any noise to be heard outside the facility boundary. However, if the current permit were to expire before modifications to the site could be permitted, constructed and commissioned for service, traffic and associated noise, vehicle emissions, and dust could potentially increase as produced water would necessarily need to be trucked offsite for disposal. Vibration: This proposal would not increase the potential for vibration. Smoke and Particulate Matter: The proposal to extend the term of the current permit would not contribute to the generation of smoke or particulate matter. The area is sprayed with water as necessary to control fugitive dust. Heat, Glare, Radiation and Fumes: No changes to the existing permitted facility site plan, equipment, or land use is proposed in this application. Cultural Resources Two Class III (pedestrian) surveys and one Class I Resource Inventory have been conducted in the vicinity of the 598 -35 -BV well pad over a period of four years. The findings have all been previously recorded and evaluated as officially not eligible for listing on the National Register of Historic Places. No surface disturbance is proposed in this application and no impact to Cultural Resources is expected as a result of this proposal. Reclamation Plan The Temporary Produced Water Management System occupies a portion of the existing SKR- 598 -35 -BV well pad and no surface disturbing activities are proposed in this application. The Temporary Produced Water Management System would be in operation at this location until such time as a permanent Produced Water Management Tank Facility could be made operational. When this location is no longer required to support Chevron's produced water management and disposal needs, all equipment would be removed and that portion of the well pad occupied by the Temporary Produced Water Management System would be utilized, along with the rest of the location for drilling or completions. The pumps and filters would be reused and relocated to the permanent Water Management Tank Facility. The tanks would either be removed from the site for disposal or reused at another location as the case may be. Interim reclamation measures have already been implemented on the existing SKR - 598-35-BV well pad, and all soil piles and slopes have been seeded for stabilization. Stormwater and erosion controls are currently in place and are monitored at regularly scheduled intervals per Chevron's Stormwater Management Plan. The site is monitored regularly for noxious weeds and the application of herbicides and/or other methods of weed control are used as necessary on and around the existing site. Final reclamation would occur at the end of the productive life of the future producing wells drilled at the SKR- 598 -35 -BV well pad in accordance with Colorado Oil and Gas Conservation Commission 1000 Series Rules, Reclamation Regulations. Adherence to Garfield County Land Use Code The proposed amendment would comply with all applicable standards set forth in the Garfield County Unified Land Use Resolution Article VII, Divisions 1, 2 and 3 and Division 8 §7 -810, Additional Standards Applicable to Industrial Use. Public Notice, Article IV, §4 -103 F. Public Notice of hearing shall be made pursuant to Article IV, Section 4 -103 F, Notice of Public Hearing. Name of Property Owner (Applicant), Article IV, §4 -502 C.1.c. Chevron U.S.A. Inc. Attention: Julie Justus, Regulatory Specialist 760 Horizon Drive Grand Junction, CO 81506 Phone: (970) 257 -6042 Mobile: (970) 589 -5036 FAX: (970) 245 -6489 Name of Owner's Representative (Attorney -in -fact) Michael DeBerry, Manager Piceance Operations Chevron North America Exploration and Production Company 760 Horizon Drive Grand Junction, CO 81506 Phone: (970) 257 -6005 FAX: (970) 245 -6489 Statement of Authority, Article IV, §4 -502 B.1.a. A recorded Power of Attorney for Michael DeBerry, Manager Piceance Operations, and a letter authorizing Julie Justus, Chevron Regulatory Specialist, to represent Chevron in all activities pertaining to permitting, including representation before appointed and elected boards in Garfield County are attached to this application. Assessor's Map / Adjacent Landowner, Article IV, §4 -502 E.1. The Garfield County Assessor's maps 2167, 2139, and 2137 that show the boundaries of Parcel # 2137 - 231 -00 -008 in Townships 5 and 6 South, Range 98 West, 6th PM, Garfield County, Colorado are attached. The properties adjacent to the existing site are also owned and operated by Chevron and are similar in nature and character and are currently in use for the production of natural gas and free -range cattle grazing. The proposed amendment to the existing Special Use Permit is consistent with the current uses on the subject parcels and adjacent properties and is not expected to affect the current or future use of these lands. Adjacent Property Owners within 200 feet of the subject parcel ( #2137 -231- 00-008) including name and mailing address are provided below: Bureau of Land Management Map ID: 2167, 5S, 98W, No Parcel No. listed in Assessor's Records Map ID: 2167, 6S, 98W, No Parcel No. listed in Assessor's Records Map ID: 2167, 6S, 98W, Parcel No. 2167 - 033 -00 -951 Map ID: 2167, 6S, 98W, Parcel No. 2167- 044 -00 -952 Map ID: 2167, 6S, 98W, Parcel No. 2167 - 094 -00 -953 Map ID: 2139, 6S, 98W, Parcel No. 2167 - 094 -00 -953 50629 Highway 6 & 24, Glenwood Springs, CO 81601 Shell Frontier Oil & Gas Inc. Map ID: 2167, 6S, 98W, Parcel No. 2167 - 362 -00 -023 c/o Shell Oil Company, PO Box 4854, Houston, TX 77010 Lucas L Renninger Map ID: 2139, 5S, 98W, Parcel No. 2167 - 014 -00 -020 269 Main Street, Meeker, CO 81641 Colorado Nature Ranch LP Map ID: 2139, 55, 98W, Parcel No. 2139 - 342 -00 -009 4901 Wineland Road, Suite 650, Orlando, FL 32811 EV Ranch LLLP Map ID: 2139, 5S, 98W, Parcel No. 2139 - 153 -00 -006 4901 Wineland Road, Suite 650, Orlando, FL 32811 Compliance with Zone District Use Restrictions, Article VII, §7 -101: The proposed amendment to Resolution 2009 -41, SUP 18908, is consistent with the approved land use and is an allowed use within the Gentle Slopes and Lower Valley Floor (RLGS) subdistrict of the Resource Lands Zone District. This proposal would not change the purpose or intended use of the facility as permitted. Compliance with Comprehensive Plan and Intergovernmental Agreements, Article VII, §7-102: The subject property is situated in Study Area 5 of the Garfield County Comprehensive Plan. The approved land use and the proposed amendments to that land use generally conform to the Goals and Objectives 4.0 Commercial and Industrial Uses section of the Comprehensive Plan. This section states that the County will encourage the development of a diversified industrial base for the County which recognizes environmental and social impacts of industrial uses. The proposal to extend the current permit term would allow time to upgrade the facility with tanks, vapor recovery and technologies that would minimize potential emissions, decrease risk of spill and worker exposure, improve the viewshed, and limit the facility footprint within the pad limits. This proposal would also eliminate the need to increase the traffic impacts to County Roads 204 and 211 associated with the truck and dispose alternative. Chevron supports responsible development and makes every effort to limit any conflict with other environmental and social values through communication, cooperation, and the implementation of best practices. Resource Lands — Gentle Slopes Zone District, Article III, §3 -213: This proposal is compliant with the applicable portions of Article III §3 -213 Amendment of a Major Impact or Limited Impact Permit Approval, Article IV, §4 -107: This application will comply with all Garfield County permit amendment process requirements. Sincerely, Julie Justus Chevron U.S.A. Inc. Irani ', a V3 /41.«n' 14MNII 11111 $le,pt10.41: 799714 j *1 1�q c 02:t0:35 f111..00�DoceFee,0 00i0A4FlEL@ comity Go POWER OF ATTORNEY CHEVRON U.S.A. INC. KNOW ALL MEN BY THESE PRESENTS THAT CHEVRON U.S.A. INC., a Pennsylvania corporation, ("CHEVRON'), acting herein through J. STEPHEN LASTRAPES, Assistant Secretary, hereunto duly authorized by Resolution of the Board of Directors, hereby makes, constitutes, and appoints MICHAEL DeBERRY, to be its true and lawful Attorney -in- Fact with authority, for and on its behalf, without the necessity of affixing the corporate seal, to execute, acknowledge, deliver, file, record, accept, assign, amend, extend, terminate, withdraw, nleasc, settle, compromise, surrender, ratify, and renew all instruments, papers and documents requiring execution in the name of CHEVRON, except as herein below stated, and no authority is conferred by this Power of Attorney for execution of the following: 1. Leases or deeds to others covering oil, gas or other hydrocarbon or non- hydrocarbon minerals underlying fee lands of CHEVRON where either book value or sale price exceeds Twenty -Five Million Dollars ($25,000,000.00) or the acreage exceeds Six Thousand Four I lunched (6,400) acres; 2. Deeds or conveyances to others covering fee lands of CI[EVRON, other than rights of way and similar easements, where either book value or sale price exceeds Twenty -Five Million Dollars ($25,000,000.00); 3. Documents, instruments or promissory notes in support of any borrowings; provided, however, that promissory notes and other documents given as consideration for the acquisition of real or personal property shall not be deemed to constitute a borrowing; 4. Documents or agreements establishing bank accounts in the name of CHEVRON or withdrawing of funds or closing of any bank accounts of CHEVRON. This Power of Attorney shall remain in full force and effect from and after first day of January, 2011 through the 31st day of December, 2011, and its exercise shall be valid in all the states, territories and possessions of the United States. IN WITNESS WHEREOF, CHEVRON has caused its name to be subscribed hereto by J. SIEPIIEN LASTRAPES, Assistant Secretary, for that purpose duly authorized, this 31st day of December, 2010. CHEVRON U.S.A. INC. By: �7t+4 AJ j� J. STEPHEN LASTRAPES Assistant Secretary STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me en the 31st day of December, 2010, by J. STEPHEN LASTRAPES, Assistant Secretary of CHEVRON U.S.A. INC., a Pennsylvania corporation. on behalf of said corporation. OLUEPOPPeli 7!Y G+O1wINiSM1ai f.XPRE5 rivari 12 Notary Public, State of Texas Chevron %10 March 11, 2011 Michael DeBerry Manager, Rockies Operations M1dContinent/Alaska SBU Mr. Fred Jarman Garfield County Building & Planning Department 108 8'1' Street, Suite 401 Glenwood Springs, CO 81601 Re: Authorization to Represent Chevron in Garfield County — Julie Justus, Chevron U.S.A. Inc. Dear Mr. Jarman Chevron North America Exploration and Production Company (A Chevron U.S.A. Inc. Division) 760 Horizon Drive Suite 401 Grand Junction, Colorado 81506 Telephone: 970.257.6005 Email: MKOeBerry@chevron.com Julie Justus is employed by Chevron U.S.A. Inc. (`Chevron'), and is authorized to represent Chevron in regulatory and permitting matters in Garfield County, Colorado. Ms. Justus is specifically authorized to prepare, submit, sign, and provide oversight of all Chevron permit applications and other written documents provided by her and by other authorized Chevron employees and contractors. Ms. Justus is also authorized to participate in discussions regarding Chevron's permitting activities with Staff and before appointed and elected boards and to accept conditions on Chevron's behalf as directed by Chevron management. The authority granted Ms. Justus in this letter extends for a period of the earlier of one year from the date of this letter or the date such authorization is revoked by Chevron in writing. Questions about this authorization should be directed to Chevron's Manager Rockies Operations and duly authorized Attorney -In -Fact, Michael DeBerry, (970) 257 -6005. Thank you, Michael DeBerry Chevron Attorney -In -Fact and Manager Rockies Operations cc. Julie Justus, Chevron Regulatory Specialist rse a 8 it TRACT 129 Adjoining 1911 +fi 18' 1Y 1 1 1 J. At 1 111901 179 Chevron U.S.A. Inc. Parcel' No. 2139.053.00.013 Chevron .S.A. Inc. Parcel No. 2139. 064.00019 Chevron U.S.A. Inc. Parcel No. 2139.092.00.021 'MAGI 49 TRACT 63 TRACT 64 C evron 1.S Parcel No. 2139- 074 -00.015 9 Irr—'4"PAII/3 Chevron U.S.A. Inc .00Et Chevron 1) S.A. Inc. Par No. 2139.182 -00-017 (Parcel No. 2139.181018 18 TRACT 116 . TRACT 40 19 10961 95 TRACT 65 Chevron U.SA Inc. 10 Parcol No. 2139.161 .00-022 011 1 2 1 11 95� 8.1.1.i- 12 Chevron U.S.A. Inc. Parcel No. 2139 -17 as 4-00.018 ton Par6ol No. ..:,.:.,.; 21 22 2139 -214. 66.953 19901 76 11+01 90 Chevron U S.A. Inc. 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