HomeMy WebLinkAbout3.0 Correspondence108 Sth Street, Suite 219
Glenwood Springs, CO 81601
Tele: (970) 945-9150
Fax: (970) 384-5005
December 5, 2006
Michael and Karen Meskin
0255 Coyote Trail (Grass Mesa)
Rifle, CO 81550
Re: Encana Water
Dear Mr. and Mrs. Meski-n:
Because of imperfections in Encana, s application and thenoticing process, the hearing scheduled on the Satellite Waterstorage Facility special use permit was not. hel_d on December 4,2006. Consequently, f am returning the original of your letter andnotice documenL. This matter will be re-noticed, ".rd you will havean opportunity to present your evidence to the BOCC j-n the future.
Please do not hesitate to carl my of f j-ce or the pl_anner
assigned to this project, David Pesnichak. My telephone number isin the letterhead (945-9150) . David, s telephone number is g45_
821,2, ext 153 0 .
CMD/kaw
Enclosure
cc: David Pesnichak, County
Jimmy Smith, Wagon Wheel
Planner
Consulting
Garfield County
ATTORI\EY'S OFFICE
Si-ncere1y,
field Attorney
D
MICHAEL AND KAREN MESKIN
0255 Coyote Trail (Grass Mesa)
Rifle, CO 81650
December 4,2006
To Whom This May Concern:
Plain and simple, we would like to go on record that a satellite water storage Facility is just one morenegative visual in an area that has aiready been c_ompromised visually. The facility is only for the benefit ofEncana corporation so that they make more profits ut th. .rp"nr. oip.opr. who actually live next to it.None of Encana's employees or executiv.., .to.khold..', oisuu."z's will be impacted negatively. Insteadthey willjust make more money at the expense of peopre who rive on Grass Mesa.
Sincerely.
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TYPE OF REVIEW:
SUMMARY OF REQUEST:
APPLICANT'PROPERTY OWNER:
LOCATION:
SITE INFORMATION:
AGCESS:
EXISTING ZONING:
ADJACENT ZONING:
BOCC - 1116106
DP
Referral of Special Use Permit ('SUp')
The Applicant requests a SUP for a'Material
Handling of Natural Resources" in the ARRD
zone district
EnCana USA, lnc.
SE% of Section 34, T65, Rg3W, generally
described as a tract of land 4 miles south of
the City of Rifle, and 1.75 miles west of CR
319.
3.8 acre
Driveway off of Private Road on Grass Mesa
which accesses CR 319.
ARRD (Ag ricultural/Residentiat/Rurat Density)
ARRD and OS (Open Space)
PROJECT INFORiIATION AND STAFF COMIUENTS
I. BACKGROUND
The applicant is proposing to construct a satellite water Gathering Facility within the existing M34well pad to collect produced water from surrounding gas wells and lranrport th" *"ter via pipe'line tothe Benzel Water Treatment Facility. The site is located in an area already used by theapplicant
1s l natural gas drilling operations. The associated Pipelines are too short to be regulated byGarfield County. lt is anticipated that the construction of this site will reduce the overall vehicle miles
lor trucks currently hauling the water from the surrounding wells to the Benzel Water TreatmentFacility by over 50%.
II. REQUEST
The application is for a Satellite Water Gathering Facility, which is a special use in theARRD zoningdistrict.
III. AUTHORITY
Section 9.03.04 of the Zoning Resolution of 1978, as amended requires that Special Use permit
applications be initially brought to the Board so that the Board may determine if a recommendationfrom the Planning Commission is necessary.
IV. STAFF RECOMMENDATION
Staff recommends the Board direct Staff to schedute a public hearing direcfly before the Board ofCounty Commissioners.
ENCAhIA,"
EnCana Oil& Gas (USA) lnc.
October 26,2006
JUAN. find enclosed a copy of your SURFACE LEASE agreement for that drill site on
your property on Grass lvlesa, there uas a couplc of crrors that we noticed, I've circled
thcm: M24NW should have been M34NW. Please attach this shcct to your copy. Thank
you and hope this finds you having a great day,eryg*
Stan Hayes
Landman
2717 Catnnl Hoad 215
Suite 1OO
Paracfiute CO USA 81635
r.r (970) 285-2600
'G (970) 285-2636
www,eocana.@m
SURFACE LEASE
FoR GooD AND ,ALUABLE coNSrDF$ATloN, the receipt and sufficiency of which is hereby
acknowledged,thisi-^.{-n.,,^+(L;L.,:EJuanT.SuarezandKathyA.
Suarez,(,Lessof)'ftfiG#ir,Iimffi'talling,operatingandmaintainingurater
storage tank facilitie. ;;ithree inch tO'l *,[tipip"rin"t untde1;ClNA OIL & GAS (USA] lNc'
(.Lessee"), its successors and assigns t t?tt'i-tit'it t' parcel of land located in the County of
Garfield, State of coro-raJo-sno*n in attached Exhibit "A' and located within
Township 6 South'.B?noe 93 West' 6th P'M''
Ection 34:S /%SW%.
1. Use of Parcel: Lessee shall have the right to tocate ln ine M34NW drill pad 3ne or more
water storage tanks. valves, . *"t"rinfiouse, three.inch.(3') vrater pipelines' associated
and related equipment necessary t. dt,6;;ale ano.-rnaintain ihe storage tank or tanks'
Lessee shall have the right to locate inu tn"" inch (3'i water pip=lines' both above and
below ground, adiacent to, on, ou"r. uni"i,'""*tt and tnrougn i6e tUgaruW drill pad as
shown on Exhibit A Lessee agrees to feep'equipment and ma'lerials in a neat and orderly
condition.
2.RoadwayAccess:Toaccessthewaterstoragelankfacilities'Lesseeagreestousethe
existing ac@ss iorO t*, Rodeo Drive. During the term of this Agreement' Lessee shai!
repair all damage to the access road caused by Lessee's use'
3.Term:Thisleaseshallcommenceontheabcvedateandshallbecontlnuedonanannual
basis so long as this area is used by Lessee' its successors and assigns' for the purposes
herein stated-
4, Payment As consideration for this Agreemenl Lessee agrees to qay. Lessor an initial
installation fee of 51.200-00' ThereaftJ on each anniversary date of this Lease' Lessee
shall pay uesso;"-r"nt"i of Sf ,Zoo.o0 for so long as one ot more water storage tanks'
yalves, a metering house, three inch iil ;;di piptli"*t' associated and related equipment
necessary ,or thJ operation of the one, or more storage tarks are located on the leased
Premises.
s. Notice of rermination: Lessee may terminate this,Agreernent at any time by providing
Lessor witl- ninety (90) days' prior wiitten nctice' and ir' such event' Lessee shall have no
furtherobligationsexcepttoremovethewaterstoragefacilitiesandrestoretheleased
premises-
6. Title Transfer: No change in ownership of the Agreement shall be binding on Lessee
unless and until Lessee has been furnisneO a coPy oi the recotded conveyance transferring
such title-
7. Full use and Enjoymenk Lessee shall have the full use and enjoyment of said lands for
the PurPcses described herein'
8. lndemnity of Lessee Except for any clairns arising out of or due to acts or omissions of
Lessor, ,"r"". ii;r iro"*r,fy "nu
noio Lessor harmless against and from atl claims arising
from Lessee,s use of the lvater storaje tanr facilities on "no
adjacent to the M34Nw drill
pad.
9- Termination of Lease: Upon iernrinailon of this Lease' Lessee shall remove all abcve
ground valves a p,p"., storage trnrs, "q'pment'
nrateriais ancl supplies i'3latad io t'ris
lease. Lessee snJr'nave the option to abancon any below ground pipeiines in place'
l0.Notices: All notices and denrands required or permitted to be given by gilnel,party to ihe
oiher hereuno"r. .nlrioe in writing. ntinoticas an,J demands shallbe sent by United sta:es
rnail. certifieO, r"nrir *."ift requeited, postage prepaid' addressed as lollows
Lessor: Juan T' Suarez and Kathy A Suarez
919 SamoY Street
Las Vegas, NV 831 10
Lessee: EnCana Oil& Gas (USA) lnc'
370 fin Street, Suite 1700
Denver, CO80202
Attention: Land DePartrnent
All notices and clemands given hereunder shall be consrdered tc i:e given and delivered
ufon Oeposit in the United States mail as herein provideC.
11. MemorandUm of surface Lease Recorded: A Memorandum of this Lease ntay be
recorded by the parties, and if recorded, Lessee agrees io record a release vrithin thirty (30)
ciays following the terniination of this Lease-
12. Governing Law: Tltis Lease shalt be governed by the iaws of the state of colorado'
lNWlTNEssWHEREoF,thepartieshavesettheirhandsonthecayandyearfr.stwritten
above.
Lessee:
$+.et
Oil & Gas (USA) tnc
ACKNOWLEDGMENT PAGE
Notary Page to Surface Lease dated -
behveen Jian r. Suarez and KaihY A
STATEOF Nevada
COUNTY OF Clark
onnirS&fdav or
s
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2006, b-v and
& Gas (USA) trc
appearec n T Suarez and
who e ted the foreEo'ngt
s
, 2006, for m= PersonallY
rsons riescribed in anc
S-,ATE OF COLORADO
CIIY & COUNTY OF DENVER
on rhis A'f'/ day of
AnomeFrnFact for EnCana Oil
tA -r'!l'tt lu*4 2006, before personally appeared Doug las.w', ll'1"-l;
G5^fi;:i;""u^tl"'1"e1,;.0-"1=11.,.y1t:-..,: j:o
My Commission ExPires
q Notary Pubkc: Lz\ i'-- '1 r'ki,--,, {''Ju"'-
"--rb /s3/o-
Uly Commissicn
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Page I ofl
David Pesnichak
From: David Pesnichak
Sent: Thursday, October 26, 2006 9:07 AM
To: 'Jwsmith1951@aol.com'
Cc: Carolyn Dahlgren
Subject: Satellite Water Gathering Facitity
Attachments : Suarez Su rface Agreement. pdf; Assessor's Map. pdf
Dear Jimmy,
Carolyn Dahlgren and I met yesterday afternoon concerning the Satellite Water Gathering Facility on the M34 wellpad and a few issues appeared to arise:
1. The lease holder of the 3.8 acre property is EnCana, however the owner appears to be Suarez. lf this is
the case, noticing must be done under the name of Suarez and not EnCana (although EnCana should be
referenced in the notice). lt looks like you have dealt with this situation with the Orchlrd Mesa Compressor
Station, so would think you are aware of this.2. The surface lease agreement for the Suarez property identifies a M24NW drill pad. lt is my understanding
that this facility is to be placed on the M34 drilt pad. please clarifo.3. From the Assessor's Map, it appears that there are more abutters within 200 feet of the water gathering
facility than the three which are on the abutter list. please ctariff.
As another item, I do not see a total vehicle-trips-perday listed in the application (other than construction traffic).Please let me know what this number will be once the rjcitity is up and iunning.
Best,
Dave
David Pesnichak
Senior Planner
Garfield County
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Tel: (970) 945-8212
Fax: (970)384-3470
Email: dpesnichak@garfi eld-county.com
10126/2006