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HomeMy WebLinkAbout2.0 BOCC Staff Report 07.02.2007Exhibits — Public Hearing (7/2/07) Exhibit Letter (A to Z) Exhibit A Proof of Mail Receipts B Proof of Publication C Garfield County Zoning Regulations of 1978, as amended (the Zoning Code) D Staff Memorandum E Application F Memo from Dean Riggs of the Colorado Division of Wildlife dated 6-14-2007 G Memo from Jake Mall of the Garfield County Road and Bridge Department dated 6-4-2007 11 Email correspondence chain from Dwight Whitehead of the Colorado Division of Water Resources, David Fox of Fox Engineering Solutions LLC and Doug Weaver of Williams Production RMT Co. dated most recently 6-20-2007 I Email correspondence with Cynthia Love of the Colorado Division of Water Resources dated most recently 5-8-2007 J Memo from Chris Hale P.E. of Mountain Cross Engineering dated 6-22-2007 K Memo from the Garfield County Oil and Gas Department dated 6-22-2007 L . Memo from Steve Anthony of the Garfield. County Vegetation Management Department dated 6-22-2007 y (I( (Pc ti r tits G G rc% :s - 460/ Exhibits — Public Hearing (7/2/07) re-io 37c1 Z0'0"0' Z. Exhibit Letter (A to Z) Exhibit A Proof of Mail Receipts 13 Proof of Publication C Garfield County Zoning Regulations of 1978, as amended (the Zoning Code) D Staff Memorandum E Application F Memo from Dean Riggs of the Colorado Division of Wildlife dated 6-14-2007 G Memo from Jake Mall of the Garfield County Road and Bridge Department dated 6-1-2007 H Email correspondence chain from Dwight Whitehead of the Colorado Division of Water Resources, David Fox of Fox Engineering Solutions LLC and Doug Weaver of Williams Production RMT Co. dated most recently 6-20-2007 I Email correspondence with Cynthia Love of the Colorado Division of Water Resources dated most recently 5-8-2007 J Memo from Chris Hale P.E. of Mountain Cross Engineering dated 6-22-2007 K Memo from the Garfield County Oil and Gas Department dated 6-22-2007 L Memo from Steve Anthony of the Garfield County Vegetation Management Department dated 6-27-2007 PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW: Special Use Permit (SUP) SUMMARY OF REQUEST: BOCC 7/2/2007 DP The Applicant requests a SUP for an "Industrial Support Facility" which would include an office and storage facility in the RL zone district. APPLICANT/PROPERTY OWNER: Williams Production RMT, Co. LOCATION: SITE INFORMATION: ACCESS: EXISTING ZONING: ADJACENT ZONING: Section 27, Township 7, Range 96 Generally described as a tract of land approximately 6 miles west of the Town of Parachute, located between 1-70 and Highway 6 & 24 (East of Travelers Highlands Subdivision). An approximately 33.66 acres and described as 431 CR 246 Access to the property will be from County Road 246 Resource Land (RL) - Gentle Slopes and Lower Valley Floor RL (Resource Lands) OS (Open Space) I. DESCRIPTION OF THE PROPOSAL The Building and Planning Department received a Special Use Permit (SUP) application for an "Industrial Support Facility" comprised of an office and storage facility for Williams Production RMT located at 431 CR 246 west of Rifle. The location of the office is on a 38.66 acre parcel north of I-70, west of the City of Rifle and east of Rulison with access off CR 246. More specifically, the Applicant requests approval from the Board for an "industrial support facility- to accommodate an office and storage facility in the Resource Lands - Gentle Slopes and Lower Valley Floor zone district. The proposed facility is to encompass 2 acres of the 38.66 acre parcel. The Applicant has already constructed an office facility on the location (see photo on next page) which Staff understands is currently being served by portable toilets and hauled water. The Applicant states that "the existing 12' X 60' nodular unit would be replaced by a 14' X 66* modular unit to support construction and production activities in the area." The applicant goes on to say that "in addition to the modular unit, two 10X20 storage buildings are on the site. These buildings are used to store commonly used oil field parts for repair of production equipment and facilities." The facility is Williams Production RMT Co, Special Use Permit BOCC 7/2/2007 proposed to accommodate 1-3 employees. around 20 vehicle trips per day and be in place for 15-20 years or generally the duration that Williams Production RMT is operating in the Rulison area. Proposed Office Location Proposed Development: a) Two 10X20 storage buildings 225' x 50' Warehouse Building b) One 14' X 66' modular office unit Proposed Activities: a) Storage b) Office II. SITE DESCRIPTION The 38.66 -acre property is located approximately 7 miles west of the City of Rifle on County Road 246 (See Maps on Following Pages). Access is provided via County Road 246. The property generally slopes to the south and is vegetated with grasses, sage and juniper. See Photos on following page. - Williams Production RMT Co. Special Use Permit BOCC 712/2007 Existing Storage S heds Existing Office Facility ..:.2-•= .,..,t, OVUM.,nu.banutur-i. ,-m Existing Portable Toilet., 1-70 County Road 246 Lettianfstar Ltaa rnwMr RAW: :d.:tf;.ta.r.wlM`xifm- • -3 Williact�s Production RMT Co. Special Use Permit BOCC 7/212007 w , 1 / 1 1 os , ,.," ..''' • ""--"•1_ Subject Property • milt.n &IV r, rig a Le94-ild aLJ:, Hi LI marroysDivraell — orvir, C ODE — Penal?* Row — IHrlitsra — I o — State .rrirroor, - 1:-..11+^.441,14514104,-1, F rap-sin:1Zr 21.,noried2107 ZONE. FL FL L' F Y1: ARRD OS OS N ....... Williams Production RMT Co. - Office Facility w . 7.51:1 IL: 500 r I 1 4 70O0 Feet _ I s Williams Production RMT Co. Special Use Permit BOCC 7/2/2007 fl Legend Courit Roaes2006 HighwaysDivided other vsfues- T CODE —-rar,tage Ria ‘31 -• — Interstate 7C ►M — No Value 30 — State Highway -- US Highway ® Suodi+.s ons sro,, Parcets052207 RR+ers:akes L Williams Production RMT Co. - Office Facility Gas Wells 0 ; /50 3.500 7.000 Feet e e 1 i e l - 5 Williams Production RMT Co. Special Use Permit SACC 7/2/2007 ,• Proposed Office and Storage Facility Location Subject Proper.y Williams Production RMT Co. - Office Facility 395 790 1 i 6 1.580 Feet I Williams Production RMT Co. Special Use Permit BOCC 7/2/2007 III. REFERRALS Staff referred the application out to the following review agencies and or County Departments: a. b. c. d. e. f. Rifle Fire Protection District: Colorado Division of Wildlife: Garfield County Road & Bridge Department: Garfield County Vegetation Management: Mountain Cross Engineering Garfield County Oil and Gas Department No Comments Received See Exhibit F See Exhibit G See Exhibit L See Exhibit J See Exhibit K IV. COMPREHENSIVE PLAN The property lies within Study Area 3 and is designated on the proposed land use map as Outlying Residential. The Applicant has proposed a use that is industrial in nature which conflicts with the present designation. Consider the following Goals, Objectives, and policies that apply to the proposal: a. Goals Future, long-term commercial and industrial development at the western and interchange parts of the County and Communities. Garfield County will encourage the development of a diversified industrial base for the County which recognizes the human resources, natural resources, and physical location -to - market capabilities of the community, and which further recognizes and addresses the social and environmental impacts of industrial uses. The subject property is located near the Rulison 1-70 interchange and off County Road 246. As is demonstrated in the above aerial photo and gas well location map, the area is currently heavily utilized for natural gas development. The proposed office and storage facility is to serve as a satellite service and communication area for existing natural gas development in the area, Without such a facility, it is logical to discern that these vehicle trips will end up in Parachute or Rifle. The facility is to employ up to 3 individuals full time as well as provide storage for commonly used gas field equipment within the two 1 0X20 foot storage sheds utilized at the nearby wells. b. Objectives 4.1 To ensure that commercial and industrial developments are compatible with adjacent land uses and mitigate impacts identified during the plan review process. The subject property is located in a rural, increasingly industrial area primarily characterized as industrial natural gas production area along with grazing activities. There is limited residential development in the area. The proposed facility is to serve as a support facility for the existing natural gas development in the area. As such, it is Staff's opinion that the proposed facility is compatible with the uses in the area. 4.2 Encourage the location of industrial development in areas where visual, noise, air quality, and infrastructure impacts are reduced. -7- Williams Production RMT Co. Special Use Permit BOCC 7/2/2007 The facility is currently visible from 1-70, but it is set back from the Interstate and is not overly detrimental to the area when compared to other neighboring gas development. As can be seen in the aerial photo above, there is a significant amount of gas development in the area of this facility. As such, the location of this facility will help reduce overall noise, air quality and infrastructure impacts by potentially reducing vehicle miles driven if the employees otherwise needed to drive to Parachute or Rifle. 4.6 Ensure the type, size, and scope of industrial and commercial development are consistent with the long-term land use objectives of the county. The Plan's proposed land use map identifies this property as Outlying Residential rather than Light Industrial which would be a more appropriate designation. However, one of the goals in the plan is to locate the proposed use near or at interchanges in the western part of the County. Based on this, it appears the use could be considered consistent with the Plan. 4 REVIEW STANDARDS Special Uses are subject to the standards in Section 5.03 of the Zoning Resolution. In addition, the proposed use, due to its industrial nature, shall also be required to address the industrial performance standards in 5.03.07 and 5.03.08 of the Zoning Resolution. These review standards are presented below followed by a response by Staff. A. Section 5.03 Review Standards 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; Staff Finding 1) Water: - Quantity: The Applicant has provided a Water Supply Contract which is currently in place between the Colorado River Water Conservation District (CRWCD) and American Soda, LLP. In addition, the Applicant has provided an Assignment of Contract from American Soda, LLP to Williams Production RMT. Within the contract, the CRWCD agrees to deliver water to Williams Production RMT contingent upon Williams Production RMT payment to the CRWCD on an annual basis. In addition, the contract is good for up to forty (40) years from the date of execution (November 18, 1999). The proposed facility is expected to be in place for 15-20 years or however how long gas development continues in the area. The water is contracted from the Wolford Reservoir, which is owned and operated by the CRWCD in Kremmling, Colorado. The Applicant states that Williams Production RMT has legal right to 200 acre-feet per year from the CW -99-14 contract. According to the Applicant's calculations, the facility is anticipated to us 100 gallons per day or .11 acre-feet per year. Based on this analysis, it is apparent that the contract affords the Applicant an adequate legal supply of water for the proposed facility. However, as the source of water is not on the property (such as a well) and the contract can be terminated by the CRWCD for non-payment, in Staffs opinion the stability of the contract is questionable. Staff has solicited the opinion of Dwight Whitehead at the Division of Water Resources regarding this contract (See Exhibit H). Initially, Dwight had the following remarks concerning this proposed source of water: "This is NOT proof of a "legal and adequate" water supply, it is only a -8- Williams Production RMT Co. Special Use Permit BOCC 7/2/2007 contract for replacement water from the Colorado River Water Conservation District (CRWCD). A plan of augmentation must be decreed through Water Court or a Temporary Substitute Water Supply Plan (TSWSP) would need to be filed with our office (State Engineers Office), paralleling a pending Water Court Case for the proposed uses. Additionally if ground water wells are proposed, Williams RMT would need to submit proof of valid well permits, either issued per a decreed plan of augmentation or TSWSP which would need to match the uses for the proposed office facility. Per your question regarding CRWCD contracts; anyone purchasing CRWCD water would need a decreed plan of augmentation through Water Court or TSWSP paralleling a pending Water Court Case. The CRWCD does NOT have a TSWSP like Basalt & West Divide Water Conservancy Districts, so we do not see CRWCD contracts as often as we do for Basalt & West Divide Water Conservancy Districts, because Water Court action is needed prior to water diversion or issuance of water well permits." However, following discussions with the Applicant and the relevant engineer, Dwight Whitehead had the following comments: "Per review with Alan & Jim we can administer the proposed diversion as a reservoir release. You must quantify the numbers and specify how many acre-foot of the River District contract will be dedicated for this diversion. As you know the Division of Water Resource takes care of water administration so you must provide accounting and timing when the reservoir releases and diversions will occur, by notifying Jim Lemon (Water Commissioner). Currently we assess ten percent transportation losses, which is subject to change." Due to this correspondence, itis Staffs opinion that if the DWR can administer the proposed diversion as a reservoir release, then it is being considered a legal source of water for the parcel by the DW R. Chris Hale of Mountain Cross Engineering provided the following comments regarding the proposed water supply: "a water well is stated as existing on site but may not be permitted for commercial uses. Revising the permit to allow for commercial uses may be necessary if hauling water is determined to be unreliable and/or treatment is not possible." To this end, although this is an unusual circumstance, it is Staff's opinion that this is a legal and adequate source of water for the proposed use. However, the ultimate determination of "legal and adequate" is at the discretion of the Board of County Commissioners. - Quality: The water proposed to be dispersed to the subject facility is raw water from the Colorado River. The Applicant is not proposing to treat this water in any capacity. The use of the above referenced water is to be for restroom facilities and fire suppression purposes only and is not proposed to be used for potable purposes. However, as this water is intended to be used for sanitary purposes, it is Staff's recommendation that the water be rudimentarily treated prior to use within the restroom facility. The Appiicant is proposing to bring bottled water to the facility for drinking water. 2) Sanitation and Wastewater: 9 Williams Production RMT Co. Special Use Permit BOCC 7/2/2007 - Sewage and Wastewater Disposal: The Applicant is proposing to fill a cistern with water for the restroom facilities with raw Colorado River water and dispose of the restroom waste through an ISDS. The Applicant has provided Garfield County ISDS permit number 2458 which identifies the septic tank capacity to be 1000 gallons. The Applicant has indicated in the Application that a representative of the Garfield County Building Department made a site visit to this location on April 9, 2007. According to the Applicant, the existing ISDS can handle up to 450 gallons/day. The Applicant is proposing three (3) full-time employees on the site which, at 15 gallons/person/day would result in total usage of up to 45 gallons per day. It is Staff's opinion that the ISDS capacity is adequate to handle the presumed full-time employees as well as transient employees who are not on site full-time. The cistern is proposed to be buried. The Applicant explains: An 1800 gal cistern, installed by previous owner, will be filled as needed with water transported to the site by truck. Williams' personnel at the site will monitor the water volume daily and will have the cistern refilled as needed. Bottled water will be provided at the site for drinking purposes. Williams will install a pump at the cistern capable of producing 5 GPM and a pressure system to provide water for the rest room facility located in the 14X66 modular unit. As the Applicant's engineer explains (See Exhibit H), "all water utilized will be considered 100% consumptive without any claimed return flows." - Fire Protection: It was Staff's understanding prior to sending referrals that this subject property is within the Rifle Fire Protection District. It appears that the property is actually within the Grand Valley Fire Protection District. The comments provided by the Applicant from Rob Ferguson of the Grand Valley Fire Protection District indicate that The advised that a 2500 gallon water storage lank is required at the proposed facility for fire suppression." 2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provrde safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use: Staff Finding The Applicant indicates that total traffic will be 20 vehicle trips per day. The Garfield County Road and Bridge Department expressed no objection to this application. Jake Mall of the Garfield County Road and Bridge Department indicated that "the driveway access already in use will require an update to a 40 -foot X 20 -foot asphalt pad 4 -inches in depth. The asphalt should be in place as soon as possible following approval of this application. A stop sign will be placed at the entrance to CR 246. The stop sign and the installation shall be as required in the MUTCD. The minimum amount of traffic increase would not have any significant impact on CR 246." 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; \\' i l l i to its Production RMT Co. Special Use Permit BOCC 7/2/2007 Staff Finding The subject property is located in a rural, increasingly industrial area characterized by intense gas development. in addition, the Applicant has represented that all structures will be at least 100 feet from any neighboring property lines. In addition, Staff recommends the standard condition that all lighting be directed downward and inward toward the interior of the property. As the proposed facility is less intense than many neighboring gas drilling uses, it is Staff's opinion that the office and storage facility are organized to minimize impact on and from adjacent uses of land. B. Section 5.03.07 Industrial Operation 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 (1 0) 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: a) Existing lawful use of water through depletion or pollution of surface run-off, stream flow or ground water; Staff Finding The Applicant has provided a Water Supply Contract which is currently in place between the Colorado River Water Conservation District (CRWCD) and American Soda, LLP. In addition, the Applicant has provided an Assignment of Contract from American Soda, 'LLP to Williams Production RMT. Within the contract, the CRWCD agrees to deliver water to Williams Production RMT contingent upon Williams Production RMT payment to the CRWCD on an annual basis. In addition, the contract is good for up to forty (40) years from the date of execution (November 18, 1999). The proposed facility is expected to be in place for 15-20 years based on how long gas development continues in the area. The water is contracted from the Wolford Reservoir, which is owned and operated by the CRWCD in Kremmling, Colorado. The Applicant states that Williams Production RMT has legal right to 200 acre-feet per year from the CW -99-14 contract. According to the Applicant's calculations, the facility is anticipated to us 100 gallons per day or .11 acre-feet per year. Based on this analysis, it is apparent that the contract affords the Applicant an adequate legal supply of water for the proposed facility. However, as the source of water is not on the property (such as a well) and the contract can be terminated by the CRWCD for non-payment, in Staffs opinion the stability of the contract is questionable leading to questions regarding the adequacy of the proposed source of water. Staff has solicited the opinion of Dwight Whitehead at the Division of Water Resources regarding this contract (See Exhibit H). Initially, Dwight had the following remarks concerning this proposed source of water: "This is NOT proof of a "legal and adequate" water supply, it is only a contract for replacement water from the Colorado River Water Conservation District (CRWCD). A plan of augmentation must be decreed through Water Court or a Temporary Substitute Water Supply Plan (TSWSP) would need to be filed with our office (State Engineers Office), paralleling a pending Water Court Case for the proposed uses. Additionally if ground water wells are proposed, Williams RMT would need to submit proof of valid well permits, Williams Production RMT Co. Special Use Permit BOCC 7/2/2007 either issued per a decreed plan of augmentation or TSWSP which would need to match the uses for the proposed office facility. Per your question regarding CRWCD contracts; anyone purchasing CRWCD water would need a decreed plan of augmentation through Water Court or TSWSP paralleling a pending Water Court Case. The CRWCD does NOT have a TSWSP like Basalt & West Divide Water Conservancy Districts, so we do not see CRWCD contracts as often as we do for Basalt & West Divide Water Conservancy Districts, because Water Court action is needed prior to water diversion or issuance of water well permits." However. following discussions with the Applicant and the relevant engineer, Dwight Whitehead had the following comments: "Per review with Alan & Jim we can administer the proposed diversion as a reservoir release. You must quantify the numbers and specify how many acre-foot of the River District contract will be dedicated for this diversion. As you know the Division of Water Resource takes care of water administration so you must provide accounting and timing when the reservoir releases and diversions will occur. by notifying Jim Lemon (Water Commissioner). Currently we assess ten percent transportation losses. which is subject to change." Due to this correspondence. it is Staff's opinion that if the DW A can administer the proposed diversion as a reservoir release. then it is being considered a legal source of water for the parcel by the DW R. To this end. although this is an unusual circumstance, it is Staff's opinion that this is a legal and adequate source of water for the proposed use. However, the ultimate determination of "legal and adequate" is at the discretion of the Board of County Commissioners. A Storm Water Management Plan (SWMP) has been submitted by the applicant. The plan identifies that the property slopes to the south and is covered with sage brush, some grasses and sporadic junipers. In addition, the plan states that "A barrow ditch will be constructed along the toe of the pad on both the north and west sides. Runoff will then be collected in the ditches and directed to the settling pond. The shallow settling pond will be constructed at the northwestern corner of the pad. The pond will be approximately 12'X12'X3' and will have a 6" overflow pipe installed that will allow the water to be released back into the naturally vegetated terrain below the pond once sediment has settled out of the water." It appears there is some confusion regarding which side of the development pad the barrow ditches should be placed. Based on the understanding that the property slopes to the south, it is Staff's opinion that barrow ditches on the north and west sides of the property will be ineffective at collecting runoff. Staff suggests that the burrow ditches be placed on the south and east sides of the property with a settling pond in the sough east corner of the property in order to collect storm water runoff from the development. In addition, Chris Hale of Mountain Cross Engineering (See Exhibit J) states that 'The Storm Water Management Plan describes an area to be disturbed of 2 acres. This will require a permit from the State of Colorado. Also, the description of construction activities seems to be incongruent: it describes the land as sloping to the south but with the ditches along the north and west sides into a settling pond at the northwest corner. A site grading plan should be done to verify the feasibility." - l2 - Williams Production RMT Co. Special Use Permit BOCC 7/2/2007 b) Impacts on adjacent land from the generation of vapor. dust, smoke, noise, glare or vibration, or other emanations; Staff Finding The Applicant states that there will be a minimum impact on adjacent land due to the generation of vapor. dust. smoke, noise, glare or vibration from the proposed faciiity due to the placement of the site. - Vaporand Smoke: This facility will produce the expected emissions from vehicles. As the neighboring uses are of an industrial nature. vapor and smoke are not anticipated to disturb these uses. - Dust The parking area and access roads are gravel and/or dirt. A dust management plan shall be submitted prior to approval of the Special Use Permit. - Noise: The Applicant has submitted a noise study for the facility. According to the submitted noise study results. it is anticipated that the facility will meet the noise levels required by the Colorado Revised Statutes, - Glare and Vibration: The only anticipated glare will be from vehicle mirrors and windows as well as the windows on the office trailer. Vibration will primarily occur from truck traffic which Staff does not feel will be of a substantial magnitude to emanate outside the property boundaries. 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; Staff Finding This application was referred to the Colorado Division of Wildlife for their review. Dean Riggs provided the following germane comments: Currently. the DOW has developed a pilot development siratety with Williams Lncrg< as well as the ULM This strategy envisions a rolling staged devclopnnent across the landscape from Webster Mesa to the haat, tnnvtne Wmt toward Parachute. Mitigaunn is aiso taking, place upon the landscape in this arca to offset impacts to wildlife Williamsis also assisting the DOW with a mule deer monitoring clue/ w knell trucks mule deer via radio collars Ll WW1 INS area with regards to their actions and effects of winter drilling. This pilot proiect was not mentioned tsitlun the application. nor wits as possible impacts to the project discussed within the application The IX V' would ask Williams if this location is the only option. or if another location outside the pilot project local ion wotdd he available .Again. Willis is the onh passible Ineattnn. tlic DOW will address the changes to the landscape m our pilot prosect mailings. The location attic site is within mule d:xr ssrnta range. severe winter tang.: and cuncamr tion area impacts to wintering mule deer will be ielt w,tfun the praiect arca Il c rxommcnd that lVilliams voluntarth enact winter operation hours for the faciIii An example oftiiese hours would be from'?am to 4pni. to allow for shorter arae (m- ike impacts to take place during winter months from De cmltcr co April. Staff suggests that the Applicant limit operating hours to 9AM to 4PM from December to April in order to not only protect the mule deer population in the area but also to honor the current partnership between the CDOW, the BLM and Williams. The current hours of operation are proposed to be from 7AM to 5PM year-round. d) Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County: Williams Production RMT Co. Special Use Permit BOCC 7/2/2007 Staff Finding The Applicant has indicated that the production and construction activities in the area would generate 20 vehicle traps per day which would consist of 15 pickups, 3 light trucks and 2 other vehicles. The Garfield County Road and Bridge Department expressed no objection to this application. Jake Mall of the Garfield County Road and Bridge Department indicated that "the driveway access already in use will require an update to a 40 -foot X 20 -foot asphalt pad 4 -inches in depth. The asphalt should be in place as soon as possible following approval of this application. A stop sign will be placed al the entrance to CR 246, The stop sign and the installation shall be as required in the MUTCD. The minimum amount of traffic increase would not have any significant impact on CR 246." e) That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use(s): Staff Finding As the neighboring uses are primarily resource extraction in nature. Staff does not feel that the proposed lesser impacting use will have adverse impacts on these developments. The Applicant explains that: "There are however, no dwellings or other occupied structures within 500 feet of the "`facility'. The nearest structures are in Section 30 to the west of the proposed facility and are not in "line of sight" of the facility." To this end, it is Staff's conclusion that sufficient distances separate the proposed use from the neighboring properties and uses. 2) Permits may be granted for those uses with provisions That provide adequate mitigation for the following: a) A plan for site rehabilitation must be approved by the County Commissioners before a permit for conditional or special use will be issued: 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: c) Impacts set forth in the impact statement and compliance with the standards contained in Section 5.03.08 of this Resolution. Staff Finding The Applicant has provided the following as a revegetation plan: Williams Production RMT Co. Special Use Permit BOCC 7/2/2007 The site rehabilitation will be minimal for the foreseeable future as it will be used by Williams or its successors to support the production from the natural gas wells in the immediate area which will likely produce for another 20-30 years. At the time the existing and or proposed structures are removed from the site, the ground will be recontoured to the natural surroundings. water runoff control measures implemented, and the entire disturbed area reseeded with an appropriate seed mix. As Staff did not receive a review of this application from the Garfield County Vegetation Management Department prior to writing this report, it is Staffs suggestion that the rehabilitation plan be reviewed by the Garfield County Vegetation Management prior to issuance of the Special Use Permit. C. Section 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 rnanner 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: 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. Staff Finding The Applicant states that the volume of sound generated from the site will comply with the standards established in CRS 25-12-103. The Applicant has submitted a noise study for the facility. According to the submitted noise study results. it is anticipated that the facility will meet the noise levels required by the Colorado Revised Statutes. 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: Staff Finding Vibration will primarily occur from truck traffic which Staff does not feel will be of a substantial magnitude to emanate outside the property boundaries. 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; Staff Finding - Vapor and Smoke: This facility will produce the expected emissions from vehicles. As the neighboring uses are of an industrial nature, vapor and smoke are not anticipated to disturb these uses. - Dust The parking area and access roads are gravel and/or dirt. A dust management plan shall be submitted prior to approval of the Special Use Permit. - 15 - Williams Production RMT Co. Special Use Permit BOCC 7/2/2007 4) Emission of heat, glare. radiation and fumes: every use shall be so operated that it does not emit heat, glare. radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases. aircraft warning signals. reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision: Staff Finding The only anticipated glare will be from vehicle mirrors and windows as well as the windows on the office trailer. As this is proposed to be an office facility. the emission of heat, radiation and fumes are not anticipated. 5) Storage area, salvage yard. sanitary landfill and mineral waste disposal areas: a) Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national. state and local fire codes and written recommendations/comments from the appropriate local protection district regarding compliance with the appropriate codes; Staff Finding The Applicant states that no flammable or explosive solids or gases will be stored on the property. 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: Staff Finding The Applicant is not proposing to fence the site. As this is to be an office and storage facility, Staff concurs with not fencing the property to further aid in wildlife mobility. Staff suggests that the Applicant maintain all storage within the sheds located on the property. 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: Staff Finding The Applicant states that "As a part of Williams E. H & S policies, notation is made to securing all loose materials and trash so these items are no distributed about during high winds. All trash will be deposited in secure trash receptacles and transported to an approved land fill as needed. Any trash inadvertently allowed to blow off-site will be retrieved by Williams and disposed of properly.. d) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the following standards: 1. The minimum lot size is five (5) acres and is not a platted subdivision. Staff Finding The Applicant states that "except during the initial site preparation and setting of the modular unit, no heavy equipment will be stored at the facility." Staff finds this standard is met. -16- Williams Production RMT Co. Special Use Permit BOCC 7/2/2007 ii. The equipment storage area is not placed any closer than 300 ft. from any existing residential dwelling. Staff Finding The Applicant states that "except during the initial site preparation and setting of the modular unit, no heavy equipment will be stored at the facility." Staff finds this standard is met. 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. Staff Finding The storage of all materials shall be located within one of the two proposed 10X20 foot sheds at all times. iv. Any repair and maintenance activity requiring the use of equipment that will generate noise. odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of 8 a.m. to 6 p.m.. Mon. -Fri. Staff Finding The Applicant is no representing that any repair or maintenance activities will take place at the proposed facility. v. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. Staff Finding All loading and unloading associated with the proposed use will be conducted on the subject property. e) Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. Staff Finding The area devoted to storage is less than 10 acres in size. Staff finds this standard has been met. 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. Staff Finding Staff recommends that all exterior lighting shall be the minimum amount necessary, be controlled by a motion sensor, be directed inward and downward, towards the interior of the property and be shaded 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. Staff Finding - i7 - Williams Production RMT Co. Special Use Permit BOCC 7/2/2007 A Storm Water Management Plan (SWMP) prepared has been submitted by the applicant. The plan identifies that the property slopes to the south and is covered with sage brush, some grasses and sporadic junipers. In addition, the plan states that "A barrow ditch will be constructed along the toe of the pad on both the north and west sides. Runoff will then be collected in the ditches and directed to the settling pond. The shallow settling pond will be constructed at the northwestern corner of the pad. The pond will be approximately 12'X12'X3` and will have a 6" overflow pipe installed that will allow the water to be released back into the naturally vegetated terrain below the pond once sediment has settled out of the water." It appears there is some confusion regarding which side of the development pad the barrow ditches should be placed. Based on the understanding that the property slopes to the south, itis Staffs opinion that barrow ditches on the north and west sides of the property will be ineffective at collecting runoff. Staff suggests that the burrow ditches be placed on the south and east sides of the property with a settling pond in the sough east corner of the property in order to collect storm water runoff from the development. In addition. Chris Hale of Mountain Cross Engineering (See Exhibit J) states that "The Storm Water Management Plan describes an area to be disturbed of 2 acres. This will require a permit from the State of Colorado. Also. the description of construction activities seems to be incongruent: it describes the land as sloping to the south but with the ditches along the north and west sides into a settling pond at the northwest corner. A site grading plan should be done to verify the feasibility." 5 SUGGESTED FINDINGS That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete and that ail interested parties were heard at that meeting. 3. That for the above stated and other reasons, the proposed Special Use Permit is in the best interest of the health, safety, morals, convenience, order. prosperity and welfare of the citizens of Garfield County. 4. Thal the application is in conformance with the Garfield County Zoning Resolution of 1978, as amended. 6 STAFF RECOMMENDATION Due to 1) the limited nature of potential impacts to surrounding properties, 2) by proceeding with this proposal there will be an overall decrease in traffic on unimproved roadways and county roads which will promote safety and wellbeing, 3) the proposed facility is in conformance with the Comprehensive Plan of 2000, 4) and that the proposed facility meets the requirements set forth in Section 5.03, 5.03.07 and 5.03.08. Staff recommends the Board approve the request for a Special Use Permit for an Industrial Support Facility on in the Resource Lands (RL) zone district with the following conditions: 1. That all representations of the Applicant. either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval unless explicitly altered by the Board. Williams ms Production RMT Co. Special Use Permit BOCC 7/2/2007 That the operation of the facility be done in accordance with all applicable federal, state, and local regulations governing the operation of this type of facility. 3. The Applicant shall comply with all standards as set forth in §5.03.08 "Industrial Performance Standards" of the Garfield County Zoning Resolution of 1978 as amended and included here as follows: a. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. b. 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. c. 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. d. Every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision. e. Storage of flammable or explosive solids or gases shall not be permitted at this facility. f. 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. g. All storage must be enclosed within one of the two (2) proposed 10X20 foot sheds located on the property. h. Repair andfor maintenance activities shall not be conducted at the permitted facility. 1. Heavy equipment storage shall not be conducted at the permitted facility. 1. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. k. Any exterior lighting shall be controlled by a motion sensor, pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. 4. The Applicant shall provide a Revegetation and Rehabilitation Plan that has been reviewed and accepted by the County Vegetation Department prior to approval of the Special Use Permit. 5. The Operator shall be responsible for monitoring and maintaining the water levels within the Cistern at all times. - 19 - Williams Production RMT Co. Special Use Permit BOCC 7/2/2007 The Applicant shall provide a dust control plan to be reviewed and accepted by County Staff prior to the issuance of the Special Use Permit. Should dust become an issue from the storage area, a dust control agent shall be applied to the area. 7. All buildings and rooftop equipment shall be painted with non -reflective earth toned paint that is consistent with the surrounding landscape. 8. A 2500 gallon water storage tank shall be installed at the proposed facility for initial fire suppression purposes. A plan including the 2500 gallon water storage tank for initial fire suppression shall be reviewed and accepted by the relevant fire protection district prior to issuance of the Special Use Permit. The barrow ditches and settling pond shall be placed down gradient from the development area in order to collect storm water runoff from the development. An illustrative storm water management plan shall be submitted to the Garfield County Planning Department and reviewed by the Garfield County Engineer prior to issuance of the Special Use Permit. 10. Hours of operation shall be limited to 9AM to 4PM from December to April in order to protect the mule deer population in the area as well as honor the current partnership between the Colorado Division of Wildlife, the Bureau of Land Management and Williams Production RMT regarding monitoring the impacts of winter drilling on Mule Deer populations. 11. The Applicant shall submit plans to initially treat the water to be used from the Colorado River and within the restroom facility. These plans shall be reviewed and accepted by the Garfield County Engineer prior to issuance of the Special Use Permit. 12. The Applicant shall submit an approved Storm Water Management Plan from the State of Colorado prior to issuance of the Special Use Permit. In addition, the Applicant shall submit a site grading plan to be reviewed and accepted by the Garfield County Engineer prior to issuance of the Special Use Permit. 13. The Applicant shall provide a security for revegetation in the amount $8000 to cover the estimated 2 acres to be disturbed prior to issuance of the Special Use Permit (using a rate of $4000 per acre for a facility that may be in place for 20 years). The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards in the Garfield County Vegetation Management Plan. 14. The Applicant shall provide a current inventory and map of County listed noxious weeds and a weed management plan for any inventoried weeds prior to issuance of the Special Use Permit. These documents shall be reviewed and accepted by the Garfield County Vegetation Management Department prior to issuance of Special Use Permit. 15. Execution of the site rehabilitation/reclamation plan for the subject property is required when the use of the site by the owner of the parcel for an Industrial Support Facility is terminated, whether or not financial security for reclamation is required in this Resolution, under terms of Section 5.03.07(2) (B) of the Zoning Resolution. Responsibility for site reclamation is transferred with the SUP, and the Applicant/Owner shall so advise any transferee of the SUP. Enforcement of this condition of approval and all others is subject to an action by the BOCC for penalties and/or injunctive relief in a court of competent jurisdiction, - 20 - Williams Production RMT Co. Special Use Permit BOCC 7/2/2007 at 14 STATE OF COLORADO Bill Ritter, Jr., Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Mark B. Konishi, Acting Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297-1192 wildlife.state.co.us June 14. 2007 Garfield County Building and Planning Department Attn: David Pesnichak, staff planner 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Williams Production RMT Co. — Special Use Permit Dear Mr, Pesnichak. For Wildlife - For People The Division of Wildlife (DOW) thanks you for the opportunity to address wildlife impacts for the aforementioned special use permit. The information given within the application lacks sufficient detail to adequately identify any major impacts to wildlife, With the assumption that the proposal is simply a remote office budding, and that there may be a possibility of future reclamation of the site if it is not permanent. we offer the following recommendations. Currently, the DOW has developed a pilot development strategy with Williams Energy as well as the BLM. This strategy envisions a rolling staged development across the landscape from Webster Mesa to the East, moving West toward Parachute. Mitigation is also taking place upon the landscape in this area to offset impacts to wildlife. Williams is also assisting the DOW with a mule deer monitoring effort which tracks mule deer via radio collars within this area with regards to their actions and effects of winter drilling. This pilot project was not mentioned within the application, nor was its possible impacts to the project discussed within the application. The DOW would ask Williams if this location is the only option. or if another location outside the pilot project location would be available. Again, if this is the only possible location, the DOW will address the changes to the landscape in our pilot project meetings. The location of the site is within mule deer winter range, severe winter range and concentration area. Impacts to wintering mule deer will be felt within the project arca. We recommend that Williams voluntarily enact winter operation hours for the facility. An example of these hours would be from 9am to 4pm, to allow for shorter time for the impacts to take place during winter months from December to April. Often satellite sites such as the proposed can be attractants to many species of wildlife due to trash and litter. We would ask that the site be routinely cleaned and trash free to lessen the wildlife and trash impact. DEPARTMENT OF NATURAL RESOURCES, Harris D. Sherman, Executive Director WILDLIFE COMMISSION, Torn Burke, Chair • Claire O'Neal, Vice Chair • Robert Bray, Secretary Members, Dennis Buechler • Brad Coors • Jeffrey Crawford • Tim Glenn • Roy McAnally • Richard Ray Ex Officio Members, Harris Sherman and John Stulp Again, we appreciate the opportunity to address these possible impacts. If there are questions regarding these recommendations please foci free to contact JT Romatzke at (970) 255-6124. Sincerely, L Dean Riggs Arca Wildlife Manager cc. Vclarde, Petch, Romatzke GARFIELD COUNTY Building & Planning Department Review Agency Form EXHIBIT G Date Sent: June 1, 2007 Comments Due: June 26, 2007 Name of application: Rulison Industrial Support Facility Sent to: Garfield County requests your comment in review of this project. Please notify the Planning. Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staff contact: David Pesnichak, 109 8xh Street, Suite 301 Glenwood Springs, CO 8160I Fax: 970-384-3470 Phone: 970-945-8212 General Cornments: Garfield County Road & Bridge Department has no objections to this application with the following comments. As stated in the application 1 have been in contact with Williams Production concerning this application. The driveway access already in use will require an update to a 40 -foot X 20 -foot asphalt pad 4 -inches in depth. The asphalt apron should be places as soon as possible upon approval of this application. A stop sign will be placed al the entrance to Cr. 246. The stop sign and the installation shall be as required in the MUTCD (Manual on Uniform Traffic Control Devices). The minimal amount of traffic increase would not have any significant impact. on Cr. 246. Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall Date June 4, 2007 Revised 3130100 David Pesnichak From: Whitehead, Dwight [Dwight.Whitehead@state.co.us] Sent: Wednesday, June 20, 2007 5:15 PM To: Fox. David (E&P): David Pesnichak Cc: Weaver, Doug (E&P): Martehero, Alan; Lemon, Jim; Don Myer Subject: RE: Williams RMT Co. - Temp Office - Garfield County P41�'c l of 3 EXHIBIT /1 Dave, per review with Alan & Jim we can administer the proposed diversion as a reservoir release. You must quantify the numbers and specify how many acre-foot of the River District contract will be dedicated for this diversion. As you know the Division of Water Resource takes care of water administration so you must provide accounting and timing when the reservoir releases and diversions will occur, by notifying Jim Lemon (Water Commissioner). Currently we assess ten percent transportation losses. which is subject to change. Thanks Dwight Whitehead From: Fox, David (E&P) [mai#to:David.Fox©Williams.comj Sent: Wednesday, May 23, 2007 4:38 PM To: Whitehead, Dwight Cc: Weaver, Doug (E&P) Subject: FW: Williams RMT Co. - Temp Office - Garfield County Greetings Dwight. Williams Production RMT has asked me to provide clarification on this topic as outlined in the emails below. I believe the County has supplied you with Williams" application and documentation. Williams has an office trailer housing 3 employees in the Rulsion area. Sanitation water (toilet flushing) is proposed to be provided from a buried cistern system which is to be periodically filled with untreated water from the main stem of the Colorado River. A water truck will pump water directly from the main stem of the Colorado River and transport it to the cistern, A conventional septic tank and leach field will treat the wastewater. The County has requested evidence of a legal and adequate water supply. The proposed water supply is a direct release of CRWCD contract water from Wolford Mtn. Reservoir. After accounting for transit losses and travel time. the water will be pumped with a hose directly into a water truck diverting from main stem of the Colorado River in the Rulson area. All water utilized will be considered 100% consumptive without any claimed return flows. 1 have spoken with Don Meyers at the CRWCD office. Don operates the release from their reservoirs and handles all water accounting and contract water. I explained Williams' proposal and Don stated that it is common practice to make direct release of contract water to downstream users, however. the State Engineers' Office is responsible for assessing transit loses and travel times. I hope this explanation clarifies Williams` proposal. It is actually a very simple release of contract reservoir water to a downstream diversion point on the main stem with no wells, permits or return flow credit complexities. 6/21/2007 Page 2 of 3 If you have any questions or need additional information. please give me a call. Best Regards, David Fox, P.E. Principal Engineer Fox Engineering Solutions LLC 670 Canyon Creek Drive Grand Junction, CO 81503 Ph: (970) 250-5505 Fax (626) 784-0667 Email: david.fox@williams.com & coloradofox@mybluelight.com From: Weaver, Doug (E&P) Sent: Wed 5/23/2007 9:53 AM To: Fox, David (E&P) Subject: FW: Williams RMT Co. - Temp Office - Garfield County Dave: Appears we have hit a bit of snag on our "legal and adequate" water source for the Bryan Covington's trailer in RWF field. Please review this and let me know you thoughts. Doug From: David Pesnichak[maifto:dpesnichakTagarfi.eld-county.com] Sent: Tuesday, May 22, 2007 2:57 PM To: Weaver, Doug (E&P) Subject: FW: Williams RMT Co. - Temp Office - Garfield County Hi Doug. Please see the below correspondence from Dwight Whitehead at the DWR regarding the CRWCD water contract you provided for the Williams Office Facility near Rulison, Best. Dave David Pesnichak Senior Planner - Long -Range Garfield County 108 8th Street. Suite 401 Glenwood Springs. CO 81601 Tel: (970) 945-8212 Fax: (970)384-3470 Email: dpesnichak@garheld-county.com w ww.g arf i e ld -cou nty. corn From: Whitehead, Dwight[mailto:Dwight.Whitehead@state.co.us] Sent: Tuesday, May 22, 2007 2:33 PM To: David Pesnichak Subject: RE: Williams RMT Co. - Temp Office - Garfield County 6/21/2007 David Pesnichak From: Love. Cynthia [Cynthia.Love@state.co.us] Sent: Tuesday. May 08. 2007 5:04 PM To: David Pesnichak Subject: RE: Williams RMT Co. - Temp Office - Garfield County Paye 1 of 1 EXHIBIT --R - 1 I spoke to Craig on this, and in his words. its up to you, the County, since it's not a subdivision. I think he was a little nervous about it also. You might want to contact the Division 5 Office in Glenwood Springs. since they are responsible for administration and enforcement. The water commissioner for that area (Water District 39) is Jim Lemon (970-625-2317). The main office number is (970) 945-5665, and I think Judy Sappington there is the engineer for the Colorado River. As I said before, we see lots of contracts with CRWCD for augmentation supplies from Wolford Mountain Reservoir and Ruedi Reservoir, but the division office might know more. Let me know if you need more information. From: David Pesnichak [maifto:dpesnichak@o garfield-county.com] Sent: Friday, May 04, 2007 1:18 PM To: Love, Cynthia Subject: Williams RMT Co. - Temp Office - Garfield County Hi Cynthia. have an application for a temporary office facility for Williams Production RMT near Rulison. just north of 1-70 in Garfield County, As part of the Special Use application. Garfield County requires proof of "legal and adequate" water for the facility. In response to this requirement. Williams has supplied us with the attached Water Supply Contract with the Colorado River Water Conservation District, I did not realize that the CRWCD could act as a water supplier and deliverer in this capacity and our staff attorneys had not seen this kind of contract before. My question is whether you see these kinds of contracts very often and what your opinion is as to their nature (le are they generally considered a 'permanent" and reliable source of water), it appears that the contract is good for 40 years as long as Williams continues to pay the yearly dues, which makes me nervous when Looking at this as being "legal and adequate". Your thoughts are greatly appreciated. Thanks? Dave David Pesnichak Senior Planner - Long -Range Garfield County 108 Bth Street, Suite 401 Glenwood Springs. CO 81601. Tel: (970) 945-8212 Fax: (970)384-3470 Email: dpesnichak@garfield-count±.com -ww,garfield-caunty.com 519/2007 David. this is NOT proof of a "legal and adequate" water supply, it is only a contract for replacement water from the Colorado River Water Conservation District (CRWCD). A plan of augmentation must be decreed through Water Court or a Temporary Substitute Water Supply Plan (TSWSP) would need to be filed with our office (State Engineers Office), paralleling a pending Water Court Case tor the proposed uses. Additionally if ground water wells are proposed. Williams RMT would need to submit proof of valid well permits. either issued per a decreed plan of augmentation or TSWSP which would need to match the uses for the proposed office facility. Per your question regarding CRWCD contracts: anyone purchasing CRWCD water would need a decreed plan of augmentation through Water Court or TSWSP paralleling a pending Water Court Case. The CRWCD does NOT have a TSWSP like Basalt & West Divide Water Conservancy Districts. so we do not see CRWCD contracts as often as we do for Basalt & West Divide Water Conservancy Districts, because Water Court action is needed prior to water diversion or issuance of water well permits. If you, Mark or Don have any questions. feel free to calf (970-945-5665 ext 5011) or e-mail. Hope this helps. Dwight From: David Pesnichak [mailto:dpesnichak@garfeld-county.com] Sent: Tuesday, May 22, 2007 1:09 PM To: Whitehead, Dwight Subject: Williams RMT Co. - Temp Office - Garfield County Hi Dwight, I have an application for a temporary office facility for Williams Production RMT near Rulison, just north of 1-70 in Garfield County. As part of the Special Use application. Garfield County requires proof of "legal and adequate'. water for the facility. In response to this requirement. Williams has supplied us with the attached Water Supply Contract with the Colorado River Water Conservation District. I did not realize that the CRWCD could act as a water supplier and deliverer in this capacity and our staff attorneys had not seen this kind of contract before. My question is whether you see these kinds of contracts very often and what your opinion is as to their nature (ie are they generally considered a 'permanent" and reliable source of water). It appears that the contract is good for 40 years as long as Williams continues to pay the yearly dues, which makes me nervous when looking at this as being "legal and adequate... I have attached a copy of the contract provided, if you are interested. Your thoughts are greatly appreciated. Thanks! Dave David Pesnichak Senior Planner - Long -Range Garfield County 108 8th Street. Suite 401 Glenwood Springs, CO 81601 Tel: (970) 945-8212 Fax: (970)384-3470 Email: dpesnichak@garfield-county.com www.garfield-county.com 6/21/2007 June 22, 2007 Mr. David Pesnichak Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81 601 EXHIBIT RE: Special Use Permit Application for Industrial Support Facility of Williams Production RMT, Co. Dear David: A review has been performed of the documents for the Industrial Support Facility of Williams Production RMT, Co. The package was found to be well organized. The following comments. questions, or concerns were generated: • In previous applications, the Board of County Commissioners has determined that purchasing and hauling water is not a reliable source. Also since the source is to be surface water, some discussion of quality and treatment will be required. A water well is stated as existing on site but may not be permitted for commercial uses. Revising the permit to allow for commercial uses may be necessary if hauling water is determined to be unreliable and/or treatment is not possible. • The Stormwater Management Plan describes an area to be disturbed of 2 acres. This will require a permit from the State of Colorado. Also, the description of construction activities seems to be incongruent; it describes the land as sloping to the south but with the ditches along the north and west sides into a settling pond at the northwest comer. A site grading plan should be done to verify the feasibility. Feel free to call if you have any questions or if any of the above needs further clarification. Sincerely, Mountain Cross Engineering, Inc. Chris Hale, PE EXHIBIT Crit! f ieId County Katy Middleton Building & Planning/ Oil & Gas Department Planner/ Community Support Representative To: David Pesnichak, Senior Planner From: Katy Middleton Date. June 22, 2007 Re: Oil & Gas review of `Williams Production Rulison Industrial Support Facility," June 2007 Special Use Permit Application David, I have reviewed the Williams Production Special Use Permit Administrative Permit Application. The application was thorough and the Oil & Gas Department has only one comment. The site figure does not identify the location of ditches and the settling pond. Please add a site figure that includes all features mentioned in the application. Please contact me with any questions that you may have. Sincerely, Katy Middleton Henry Building • 144 East 3'd Street • Rifle, CO 81650 MEMORANI.ltiM To: Dave Pcnichak From: Steve Anthony Re: Williams SUP Date: .lune 22, 2007 Noxious Weeds Please provide a current inventory and map of county -listed noxious weeds. Provide a weed management plan for any inventoried weeds. Revegetatian Staff recommends a security bond in the amount of $8000 (using a rate of $4000 per acre for a facility that may be in place for 20 years). Storm water management plan Please explain the storm water management plan. The property k described as sloping to the south, yet the ditches will be placed on the north and west sides. How will the runoff get into the settling pond? Please provide details of the settling pond? Will it have a liner? Will there be some type of agitation in the pond? If not there may be a need for a mosquito management plan.