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HomeMy WebLinkAbout3.0 CorrespondenceDavid Pesnichak tirom: Kevin Whelan [kewhelan@riflefiredept.org] ent: Wednesday, April 01, 2009 1104 AM To: David Pesnichak Cc: brian.covington@williams.com; sandy hotard©williams.com, Chris Chappelle; Cassie Coleman Subject: RE: 431 C R. 346 Dave, spoke to Kevin McDermiit and Sandy Hotard of Williams Production today regarding a submittal of a fire protection plan for Rifle Fire Protection District approval. The building in question is a small modular building used as office space by Williams Production employees only. As such, the fire code (IFC 404.2) does not require an approved fire safety and evacuation plan. I did review the requirements of the fire code (IFC 404.3 2) for fire safety plans with them. It appears that they meet or exceed these requirements. Again, because of the occupancy of this building a fire protection plan is not required and all requirements for item # 8 on Williams SUP is satisfied per fire district requirements. If you have any further questions, please let me know/ From: Kevin Whelan[mailto:kewhelan@riftefiredept.org] Sent: Tuesday, March 10, 2009 2:53 PM To: "dpesnichak@garfield-county.com" Cc: 'brian.covington@williams.com"; 'sandy.hotard@willi..ams.com";'cchappelle©garfield-county.com"; "Kevin Whelan" Subject: RE: 431 C.R. 346 IleThe water system was tested today and all requirements for item # 8 on William's SUP is satisfied per the fire district quirments, From: Kevin Whelan[mailto:kewhelan@riflefiredept.org] Sent: Friday, March 06, 2009 1:48 PM To: 'dpesnichak@garfield-county.com' Cc: 'brian.covington@williams.com'; 'sandy.hotard@williams.com' Subject: 431 C.R. 346 F Y I Williams is making progress on all items required by the fire district for item # 8 for their Special Use Permit. A part is on order and should be installed by Monday. When this is done we will test and inspect the water supply system and notify you of the results. If you have any questions , please let me know "The Mission of the ,Rifle Fire Protection District is to Enhance Health and Safety and to Protect the Life, Home, and Property of the People We Serve,'" Kevin C. Whelan Division Chief 1 Fire Marshal Rifle Fire Protection District kewhelan@riflefiredept.org Office -(970) 625-1243 C ll- (970) 618-7388 Ce._ -ax- (970) 625-2963 • Garfield County BUILDING & PLANNING DEPARTMENT To: Chris Chappelle, Code Enforcement Officer Cassie Coleman, Assistant County Attorney From: David Pesnichak, AICP, Senior Planner Date: February 25, 2009 RE: Williams Production RMT Co. — Notice of Violation dated February 20, 2009 - Special Use Permit request for an "Industrial Support Facility" including an Office Facility and Storage in the RL zone district The purpose of this memo is to provide an update on the Williams Production RMT Co. Special Use Permit request for an "Industrial Support Facility" located at 431 County Road 246. To date, although the BOCC approved this permit on July 2, 2007, no Special Use Permit (SUP) has been issued for this use. A letter was sent to Williams Production RMT Co. on June 18, 2008 indicating that no response had been received by Planning Staff that Williams Production RMT Co. was working toward compliance with the required Conditions of Approval and presumed subsequent issuance of the Special Use Permit. No response was received by Planning Staff from the June 18, 2008 letter sent to Williams Production RMT Co. Code Enforcement Staff received the first response shortly after the Notice of Violation was sent on February 20, 2009. The information provided to Code Enforcement Staff is deficient in responding to the Conditions of Approval for the following reasons: Condition Number 4: The new plan as submitted after the February 20, 2009 Notice of Violation must be reviewed and approved by Garfield County Vegetation Management prior 4,,.t cceptance by Planning Staff. ti Condition Number 6: The information pertaining to a dust control plan provided after February 20, 2009 Notice of Violation is not adequate. Generally plans address a method, means and timeframe for application. This does not need to be lengthy, but the single line provided is not adequate to ensure compliance with the intensions of the BOCC and to 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 • prevent adverse externalities to neighboring property owners. Condition Number 8: The fire suppression system must be reviewed and accepted by the \i relevant fire protection district. Without the fire district approval, Planning Staff cannot forward a Permit to be signed by the BOCC. Condition Number 9: No storm water management plan has been submitted to Garfield County post approval. This plan must be reviewed and approved by the Garfield County Engineer prior to acceptance by the Planning Staff. The submitted information indicates that the site plan may have changed since the original approval. If this is the case, the Applicant must reapply for a new Land Use Change Permit under the Unified Land Use Resolution of 2008. Condition Number 11. Pertaining to potable water extracted from the Colorado River, no plan was submitted to demonstrate that the quality of the water is able to meet State standards. As such, no plan has been reviewed by the Garfield County Engineer or Public Health Department as required. Planning Staff cannot forward a Permit to the BOCC without the plan first being accepted by the required parties. /Condition Number 13. A requirement for a revegetation security was provided to the Applicant in the Staff Report prior to the Public Hearing, it was discussed at the Hearing and noted in the Garfield County Vegetation Management comments on the application. This security is to guarantee proper revegetation following removal of the facility and is required prior to issuance of the SUP. "ondition Number 14: The inventory and map of the County listed noxious weeds and weed management plan must be reviewed and accepted by the Garfield County Vegetation Management Department prior to issuance of the Permit. To this end, since the Special Use Permit has not yet been issued for this facility, it is Planning Staffs view that this activity is not currently permitted until these agreed upon Conditions of Approval are met. Best regards, David Pesnichak, Al Senior Planner BUILDING G & PLANNING DEPARTMENT T To: Chris Chappelle, Code Enforcement Officer Cassie Coleman, Assistant County Attorney From: David Pesnichak, AICP, Senior Planner Date: Mardi 15, 2009 RE: Williams Production RMT Co. — Notice of Violation dated February 20, 2009 - Special Use Permit request for an "Industrial Support Facility" including an Office Facility and Storage in the RL zone district The purpose of this memo is to provide an update on the Williams Production RMT Co. Special Use Permit request for an "Industrial Support Facility" located at 431 County Road 246. To date, although the BOCC approved this permit on July 2, 2007, no Special Use Permit (SUP) has been issued for this use. A letter was sent to Williams Production RMT Co. on June 18, 2008 indicating that no response had been received from Williams Production RMT Co. demonstrating that the Applicant was working toward compliance with the required Conditions of Approval and presumed subsequent issuance of the Special Use Permit. No response was received by Planning Staff from the June 18, 2008 letter sent to Williams Production RMT Co. Code Enforcement Staff received the first response shortly after the Notice of Violation was sent on February 20, 2009. Since February 20, 2009, Williams has made several attempts to complete the conditions as outlined in the Resolution of Approval. However, the conditions have not yet been completely fulfilled. The information provided is deficient in responding to the Conditions of Approval for the following reasons: Condition Number 6: The information pertaining to a dust control plan is not adequate. Generally plans address a method, means and timeframe for application. Please see the attached sample dust control plan for guidance Condition Number 9: The provided materials have been forwarded along to the Garfield County Engineer. However, as a site grading plan has not yet been submitted as required 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 in Condition 12, the review of the submitted materials in relation to this condition is not possible. Please submit a grading plan as required in Condition 12. Condition Number 11. Pertaining to potable water extracted from the Colorado River, no plan was submitted to demonstrate that the quality of the water is able to meet State standards. As such, no plan has been reviewed by the Garfield County Engineer or Public Health Department as required. Planning Staff cannot forward a Permit to the BOCC without the plan first being accepted by the required parties. This condition is non- negotiable through this permit. If the Applicant wishes not to comply with this condition then a new Land Use Change Permit application will need to be submitted and approved by the BOCC under the Land Use Resolution of 2008. The removal of this condition is at the sole discretion of the BOCC in the format of a new application. Condition Number 12. The submitted Storm Mier Management Plan information has been forwarded to the Garfield County Engineer. However, as required by this condition, a grading plan has not been submitted. The Garfield County Engineer is unable to make a determination on the submitted information without a site grading plan. To this end, since the Special Use Permit has not yet been issued for this facility, it is Planning Staffs view that this activity is not currently permitted until these agreed upon Conditions of Approval are met. Best regards, David PesnichaakAfCP Senior Planner -- Long -Range REQUIREMENTS FOR THE CONTROL OF FUGITIVE DUST EMISSIONS PREVENTION Fugitive dust control strategies are composed of a balance of available dust mitigation techniques applied on an as needed basis by site supervision to: • prevent dust from exiting the property. • prevent visible emissions from exceeding opacity regulations, and • prevent public nuisance. This implies the use of adequate measures during the appropriate evolution of each construction and operation activity and may include wind breaks and barriers, frequent water applications, application of soil additives. control of vehicle access, vehicle speed restrictions, covering of piles, use of gravel at site exit points to remove caked on dirt from tires and tracks, washing of equipment at the end of each work day and prior to site removal, wet sweeping of public thoroughfares, and work stoppage. FUGITIVE DUST CONTROL MITIGATION MEASURES All grading operations on a project should be suspended when winds exceed 20 miles per hour or when winds carry dust beyond the property line despite implementation of all feasible dust control measures. Construction and Facility sites shall be watered as necessary to prevent fugitive dust violations and to achieve the following goals: • prevent dust from exiting the property, • prevent visible emissions from exceeding opacity regulations, and • prevent public nuisance. An operational water truck should be onsite at times when fugitive dust is an issue. Apply water to control dust as needed to prevent visible emissions violations and offsite dust impacts. Onsite dirt piles or other stockpiled particulate matter should be covered, wind breaks installed, and water and/or soil stabilizers employed to reduce wind blown dust emissions. Incorporate the use of approved non-toxic soil stabilizers according to manufacturer's specifications to all inactive construction and other facility areas. AH transfer processes involving a free fall of soil or other particulate matter shall be operated in such a manner as to minimize the free fall distance and fugitive dust emissions. Apply approved chemical soil stabilizers according to the manufacturers' specifications, to all - inactive construction areas (previously graded areas that remain inactive for 96 hours) including unpaved roads and employee/equipment parking areas. To prevent track -out, wheel washers should be installed where project vehicles and/or equipment exit onto paved streets from unpaved roads. Vehicles and/or equipment shall be washed prior to each trip. Alternatively, a gravel bed may be installed as appropriate at vehicle/equipment site exit points to effectively remove soil buildup on tires and tracks to prevent/diminish track -out. Paved streets shall be swept frequently (water sweeper with reclaimed water recommended; wet broom) if soil material has been carried onto adjacent paved, public thoroughfares from the project site. Reduce traffic speeds on all unpaved surfaces to 15 miles per hour or less and reduce unnecessary vehicle traffic by restricting access. Provide appropriate training, onsite enforcement, and signage. Reestablish ground cover on the construction and/or facility site as soon as possible and prior to final occupancy, through seeding and watering. Disposal by Burning: ©pen burning is yet another source of fugitive gas and particulate emissions and shall be prohibited at the project site. No open burning of vegetative waste (natural plant growth wastes) or other legal or illegal bum materials (trash, demolition debris, et. al.) may be conducted at the project site. Vegetative wastes should be chipped or delivered to waste to energy facilities (permitted biomass facilities), mulched. composted, or used for firewood. It is unlawful to haul waste materials offsite for disposal by open burning. David Pesnichak From: David Pesnichak Sent: Friday, March 13, 2009 4:10 PM To: Chris Chappelle Cc: Steve Anthony; flarmin@a garfield-county.corn Subject: RE: Rulison Facility Attachments: FugitiveDustControlPlan - Sample.doc Hi Chris, Please see my comments to Ms. Hotards recent email in red. Dave David Pesnichak. AICP 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 Barfield=county con-, www_garfield-county.com From: Hotard, Sandy (E&P) [mailto:Sandy.HotardCa Williams.com] Sent: Thursday, March 12, 2009 11:08 AM To: Chris Chappelle; Steve Anthony; David Pesnichak; fjarmin@garfield-county.com Cc: Bryan, Dasa (E&P); Shoemaker, Mike (E&P); Moss, Brad (E&P); Covington, Brian (E&P); Lane, Ann; Paules, Michael (E&P); Bleil, Rob (E&P) Subject: Rulison Facility Chris - As per your list of concerns regarding our Industrial Rulison Facility, we have the attached the following: Item #4- Our site rehabilitation plan was re -submitted to Steve Anthony for his review on Tuesday, March 10th, 2009, Attached is our Williams Noxious Weed Management Program-RWF Facility and the Noxious Weed Site Map in pdf format. Spoke with Steve on Thursday - he is in the process of reviewing the plan. It is clear, however that the site rehabilitation plan is not adequate to serve the purpose. Steve has a good example from EnCana which should be used as a template for Williams. Item #6- Williams has had for a number of years a blanket bond with Road d Bridge far all roads in Garfield County. This covers maintenance & repair if needed. On an annual basis Williams treats the road with rnag chloride and waters all roads, especially if requested by contiguous landowners. If needed, we will provide a copy of our bond with Road d Bridge Dept to you. Please see attached Rulison Industrial Support Facility Dust Control Plan. The submitted dust control plan is not acceptable as it does not propose an enforceable plan. I have attached a sample plan since they do not seem to be understand this requirement. Item #8- Attached please find the Rifle Fire Protection Dist Sign off on Tank dated 3-10-09. Also included is communication through email with Williams and the Rifle Fire Protection Office. One Gown! 1 ■ Item # 9- Attached please find Rulison Industrial Support Facility -Storm water plat, In the last week of February, we sent to you other topo plats that also depicts the two ( 2) barrow ditches and the ponds for each ditch for our storm water control on this facility, We have tried to contact Fred Jarmin, who is out of his office this week, regarding the counties notes for clarification on our storm water pian. I am not finding each of the sporadic submittals - have them submit it all in one package to be reviewed by John N. We are specifically looking to see that the barrow ditches and settling pond are placed down gradient from the development area to collect storm water runoff. The plans submitted with the application showed the ditches and pond upgradient. We are also looking for BMPs for the management of the storm water on the site to be reviewed and approved by the GarCo engineer. Iters # 11- Regarding treatment for water use, please note the attached proof that all water for this facility is trucked in by Tobey's Vacuum Truck/Anchor Drilling. All water in this site is from the Town of Parachute. This is non-negotiable. If they do not wish to submit this plan then they will have to resubmit for a new permit in order to change the condition. The submitted Information is not acceptable as it does not directly address the requirements of the BOCC. Item #13- We are working on the $8,000.00 bond which will take 5 days for preparation and delivery to you that will satisfy this issue. Williams has put up a $25,000.00 blanket bond for reclamation, surface disturbance, etc with COGCC and we are reviewing the ability to do the same with Garfield County. We cannot do blanket bonds for land use change applications. I will keep an eye out for the bond. Item # 14- The plan attached known as Noxious Weed should address your concerns on the Weed Inventory. We have been in contact with Steve Anthony in this issue. Spoke with Steve on Thursday - he is in the process of reviewing the plan. Please contact my office as we would very much like to get this "Cease et Desist" lifted and let our men get back to work. Thank you, Sandy Sandy Hotard CPL Mgr Field Landmen E&P Wiliams Production RMT Company 1058 County Road 215 Parachute, CO 81635 970.683.2288 -direct line 970-210-9709- cell 970.285 -2047 -fax ad ndv.hota rVw i I lea ms.cgm 2 June 18, 2008 Williams Production RMT, Co. c/o Doug Weaver 1058 County Road 215 Parachute, CO 81635 Bt ILDI.\G & PLANNING DEP-tRTMENT RE: Special Use Permit request for an "Industrial Support Facility" including an Office Facility and Storage in the RL zone district Dear Mr. Weaver, Upon a recent audit of the Garfield County Planning Department's pending Land Use Files, it has come to my attention that Williams Production RMT Co. was approved for an Industrial Support Facility (Office and Restroom Facilities) at 431 County Road 246 on July 2, 2007. Although this application was approved with conditions on July 2, 2007, condition of approval number 4, 6, 8, 9, 11, 12, 13, and 14 (see attached) has not been submitted. Asa result, the Special Use Permit has not been issued to date. In addition, a review of the Garfield County Building Permits has reveled that a Building Permit for the approved Accessory Dwelling Unit has neither been applied for nor issued. The purpose of this letter is to determine whether the Applicant intends to complete this application for a Special Use Permit. If the Applicant wishes to obtain the Special Use Permit, condition number 4, 6, 8, 9, 11, 12, 13, and 14 (see attached) must be submitted to the Planning Department. Any construction or use of a facility without a Special Use Permit is considered a Zoning Violation and will be acted upon accordingly. However, if the Applicant does not intend to obtain a Special Use Permit for the facility at the aforementioned property in the future, Staff requests that a letter be submitted withdrawing this application. A letter of withdrawal will allow the file to no longer be considered "pending". Do not hesitate to contact this office in the event you have any questions. Best regards, David Pesnichak Senior Planner 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Faux: (970) 384-3470 1111 MI lin 11 II I Reception#: 730270 0810812007 10:19:02 AM Jean Alberico 1 a1 5 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO County of Garfield )ss ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners` Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the 2nd day of July A.D. 2007, there were present: John Martin , Commissioner Chairman Larry McCown , Commissioner Tresi Hount , Commissioner Carolyn Datil Qren , Deputy County Attorney Jean Alberico , Clerk of the Board Ed Green , County Manager (Absent) when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2007-62 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR AN "INDUSTRIAL SUPPORT FACILITY" WHICH INCLUDES AN OFFICE AND STORAGE FACILITY LOCATED IN SECTION 27, TOWNSHIP 7, RANGE 96 AND DESCRIBED AS 431 COUNTY ROAD 246 AND WITHIN A PROPERTY OWNED BY WILLIAMS PRODUCTION RMT, CO., GARFIELD COUNTY PARCEL No# 21 7529200021 WHEREAS, the Board of County Commissioners of Garfield County, Colorado, received a Special Use Permit (SUP) request for an "Industrial Support Facility" submitted by Williams Production RMT, Co. to construct an office and storage facility; and WHEREAS, the "Industrial Support Facility" is to be located within a 2 -acre portion of the 38.66 -acre property owned by Williams Production RMT, Co., located in the NW VNW 14 of Section 29, Township 6 South, Range 94 West and which generally described as 431 County Road 246, Garfield County; and WHERERAS, the subject property is zoned Resource Lands (Gentle Slopes & Lower Valley Floor) where such use is permitted as a Special Use; and WHEREAS, the Board of County Commissioners opened a public hearing on the 2nd day of July, 2007 upon the question of whether the above-described SUP should be granted or denied, 1 1111 IA 11171110'iWiifiti.1 t0100,iiVl i:111'111111 Reception#: 730270 08/08/2007 10:1.9:02 Rn Jean Alper ice 3 of 5 Ree Fee:50 00 Doe Fee:0.00. GARFIELD COUNTY CO 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 he 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 andlor maintenance activities of heavy equipment shall not be conducted at the permitted facility. Heavy equipment storage shall not be conducted at the permitted facility. 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. 6. 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 becorne an issue from the 3 1111 Ell infraCiti II: MIL 11111 Recept.ion#: 730270 08/0812@07 $0:$8.02 RM Jean Alberico 4 ci 5 Rec Fee:S0.00 Doc Fee:0.O0 GARFIELD COUNTY CO 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. 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. 9. 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 managernent 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 7AM to 6PM from 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 treat and maintain the treatment system for all water to be used from the Colorado River to meet the State of Colorado standards for potability. These plans shall be reviewed and accepted by the Garfield County Engineer and Garfield County Public Health Department 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 rehabilitationlreclaination plan for the subject property is required 4 1111 rim reilii ii 1 i,I<.41170r'liik lifit I J` 11 11 1 Reception#: 730270 O13f0012007 10;19,02 RM lean Aiberaco 5 of 5 Ree Fee:SO.00 Doc Fee 0.00 GARFIELD COUNTY CO 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. Dated this � day of r f A"l 1'hST: , A.D. 20 07 GARFIELD OUNTY BOARD OF COMMI. SI'f , GARFIELD COUNTY, ..�LOR Upon motion duly made and seconded the foreged by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI HOUPT STATE OF COLORADO )ss County of Garfield Aye ,Aye , Nay I, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners 5 July 2, 2007 Williams Production RMT Co. clo Doug Williams 1058 County Road 215 Parachute, CO 81635 Garfield County BUILDING & PLANNING DEPARTMENT RE: Special Use Permit request for an "Industrial Support Facility" including an Office Facility and Storage in the RL zone district Dear Mr. Williams, As you are aware, on Monday July 2, 2007, the Board of County Commissioners approved a Special Use Permit for an "Industrial Support Facility" including an office and storage facility located approximately 2 miles east of the Rulison on County Road 246. The Special Use Permit was approved 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. 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. 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. 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. 108 Eighth Street, Suite 401 •1Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 e. Storage of flammable or explosive solids or gases shall not be permitted at this facility. g. 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. All storage must be enclosed within one of the two (2) proposed 10X20 foot sheds located on the property. Repair and/or maintenance activities of heavy equipment shall not be conducted at the permitted facility. Heavy equipment storage shall not be conducted at the permitted facility. 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. S. The Operator shall be responsible for monitoring and maintaining the water levels within the Cistern at all times. 6. 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. 9. 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 7AM to 6PM from 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. 2 11, The Applicant shall submit plans to treat and maintain the treatment system for all water to be used from the Colorado River to meet the State of Colorado standards for potability. These plans shall be reviewed and accepted by the Garfield County Engineer and Garfield County Public Health Department 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. Sincerely, David Pes ha Senior Planner (970) 945-8212 Williams Noxious Weed Management Program Noxious weed infestations may occur on lands that fall within Williams Production (Williams) lease boundaries. These areas include well pads, lease roads, disturbed sites, reclaimed sites, and some undisturbed areas. In order to minimize impacts that may result from the presence of noxious weeds, improve reclamation success, and ensure good land stewardship, Williams had adopted the following Integrated Noxious Weed Management Plan. The Weed management plan is designed to bring Williams into compliance with the Colorado Noxious Weed Act (C.R.S. Title 35, Article 5.5). Colorado Oil & Gas Conservation Act, and the Garfield County Noxious Weed Management Plan. Weed Management activities will primarily focus on the Garfield County Noxious Weed List. Williams' Integrated weed management plan will focus on four components of weed management. • Prevention • Inventory and Mapping • Weed Control • Monitoring Prevention - Prevention is a key component of the Williams weed management program. Williams addresses prevention in the planning, development, and operations phases of field development. Williams tries to avoid or limit ground disturbance activities when practical. If ground disturbing activities cannot be avoided. Williams tries to plan development that will avoid identified weed infestation or areas where weed establishment may be more optimal if this is practical to operations. If ground disturbing activities do occur, Williams uses temporary or permanent seed mixes that help to develop healthy stands of vegetation that can be self sustaining and deter the establishment of invasive species. Inventory and Mapping — Williams uses various means to inventory noxious weeds that fall within its lease boundaries. First, members of Williams Environmental staff are competent in weed identification and note noxious weed occurrences when they are completing field work. Second, the environmental staff works to educate field operations staff to identify weed infestations so that they can also document infestations and inform environmental staff where they are located. If operations personnel are unsure of a. suspected infestation, they contact the Environmental staff. The suspected infestation is then investigated before it is documented as an infestation. Third, Williams hires a Certified Weed Applicator to do its bare ground and noxious weed spraying. While the Applicator is conducting their annual spraying activities they document infestations they find. Lastly, many of the lands that Williams operates on are also used for livestock grazing or agricultural purposes and Williams works with the lessees to document weed infestations that the lessees may identify. Weed Control — Williams uses an Integrated Weed Management Approach for the control of identified noxious weed infestations. This is made up of four control methods. These include Cultural, Mechanical, Biological, and Chemical. • Cultural — Cultural control is the use of management practices that will help to favor the growth of desirable species over undesirable species. This establishment is accomplished by using appropriate seed mixes that reflect the surrounding area or species that have been developed and are approved for rapid stabilization ofa site. Purchased seed and mulch are certified weed free to decrease the opportunity for noxious weed species to be introduced into disturbed sites. • Mechanical Mechanical controls methods most often used by Williams include the following. Mowing, tillage, and hand pulling. However, because mechanical methods tend to be fairly labor intensive and cost prohibitive, it is not typically a preferred method but can be used in sensitive areas or areas where topography or other environmental factors may be considered prohibitive. • Biological - Biological Control Methods are the release of organisms that are know to be effective in controlling specific weed species. This method may be chosen if there is a heavy infestation ofa specific species on a site. Williams will consult with the Colorado Department of Agriculture Insectary located in Palisade, Colorado when exploring control options. • Chemical — Chemical control is the use of herbicides to control weed populations. This is the primary weed control method used by Williams. Williams annually contracts a Certified Commercial applicator to apply herbicides on lease acreage. Both bare ground and noxious weed applications occur throughout spring, summer, and fall. Williams encourages the use of spot spray application on lease land to ensure vegetation diversity components are maintained. Broadcast applications are only used if a weed infestation is extremely heavy and has created a monoculture in the infested area. The use of appropriate PPE, pesticide storage, pesticide handling. spray mixtures and application rates will occur on Williams lease acreage. Monitoring -- Areas where noxious weed infestations are identified and treated will be inspected over time to ensure that control methods are working to reduce and suppress the identified infestation. The sites will be monitored until the infestations are eliminated or reduced to acceptable levels. These inspections will be used to prioritize future weed control efforts. Site Specific Weed Control Plans for the industrial Support Facility The industrial support facility will receive an annual bare ground treatment on the graveled area to suppress weedy species growth. The non graveled area surrounding the facility will be monitored annually for noxious weed species and they will be chemically treated at appropriate times. Dust Control Pian Construction activities will be done in a manner that preserves soil and allows for the segregation of soil types in order to increase reclamation success at the site. Best Management Practices will be implemented through the Stormwater Management Plant in order to decrease potential soil loss through wind or water erosion. If fugitive dust conditions are encountered during pad construction water or other dust suppressant agents may be applied in order to decrease soil loss. During construction and daily operations the facility the will be regularly monitored. If moisture conditions exist soil loss will be decrease through regular surface and BMP maintenance. If dry condition exist surfaces may require maintenance including the application of water or dust suppressant agents in order to decrease soil loss. To whom it may Concern: Anchor Drilling Fluids USA, Inc. 2-131 1:, (e l s¢ Si.. Ste 7111 1ulsa, (]I; 7.1136, Office: 1911) 583-7701 1-av, 0181583-7719 Anchor Drilling Fluids / Toby's Vacuum Service hauled 2500 gallon of potable water every two week to the Williams production field office for Brian Covington. Thank you, /iCL(C'er Melissa Hower Office Manager To Whom It May Concerns, am writing this letter in regards to the fouls""son Support Facility requesting where we get aur 25,000 gallons of water to Brian Covington. We pull straight from our fire hydrant in the yard of Toby's Vacuum Truck Service/ Anchor Drilling. We pay the city of parachute for the water. r� Toby LeBorgne 6660'°N w":eh srtgc'1 WdLI:v 6402 It '' V Rifle Fire Protection District Main (970) 625-1243 Fax (997) 625-2963 1850 Railroad Ave Rifle, Colorado 81650 0079 .f Safety Survey Form Business Name: Lfl I )'71f1 5 Phone: '77419 , � ' . H � [Late:- T.� 5' Address: -,-4 1's y -.J.1 ",+f f z-,+ /- City: f) i t / r; _Zip: 71;4.4 j l Phone: Name of Contact: f/ r C y 1 Emergency Phonelcontact C: Good D:' Deficient NA: Not Applicable JJ Remarks -Recommendations -Requirements jjjj � 11 S✓ri I�.' ' C�,--,I.11/ 'yfri+rfi/ `s3C',ll 7 'til//7 %_-, (11 Ill f`} hli.n7 I �`� 1 f 4 f ! (Slgsunursl ff qo Print Name: �~ � F-y��'i'' Received By:• I ar �`1 ,•••••t"': l .041 (;_/4 (Signature) Date - I(1; Date: --�� Print Name: LI)f d : r'1 i/l,rltyi ";ri/ !! Re -Inspection Date: (1.1 I -Inspection Completion Dale: Revised 01109109 TL IFC: G D NA G D NA Fire Department Access Fire Extinguishers Date Last inspected: 1. Fitt Lanes/Access 22. Proper type & size 2. Proper Addressing D '� 23. Mounted properly _ 3. Knox Box (proper keys/placement) Means of Egress _ Building Services 24. Clear& unobstructed 4. _ Proper wiring 25. Adequate Illumination 5. Extension tardslmulli face adaptors 26. Emergency Lighting 6, Breaker panel accessible/labeled 27. Stairways an order 7. Main electrical shutoff Housekeeping 8. Emergency generator Lost tested' 28. Adequate rubbish containers 9. Healing Appliance+ Portable _ 29. Proper storage of combust iblekags 10. Combustible air source 30. Areas free of excessive combustibles 11. Water heater obstructed 31. l8" clearance below srinklcrs 12. Gas shutoff accessible 32. 30" clearance in firms of equipment 13. Elevators/Forms Elevators/Forms 33. Storage rontr.(s}lutiliry moms Accessibility. cleanliness Fire Protection Systems Hazardous ArcaslStorage 14. Fire Alarm System 34. Hazardous liquids/paints/acids 15. Fire Alum( Devices(s) 35. Huzardous (Cases 16. Special Extinguishing systenrltype 36. Explosives 17. Hood Clean 37. Dust/fumes 18. Hood/Duet system clean 38. Firc rated suppression/ore cm srtem 19. Sprinkler system -Date last rested: 39. MSDS paperwork displayed 20. standpipes -dale last tested: Fire Resistive Construction Fire Rated 21. FDC 40. Stairway(s) 41 Corridors 42. Elevator shaft 43. Floor/ceiling/walls 44. Major structure members C: Good D:' Deficient NA: Not Applicable JJ Remarks -Recommendations -Requirements jjjj � 11 S✓ri I�.' ' C�,--,I.11/ 'yfri+rfi/ `s3C',ll 7 'til//7 %_-, (11 Ill f`} hli.n7 I �`� 1 f 4 f ! (Slgsunursl ff qo Print Name: �~ � F-y��'i'' Received By:• I ar �`1 ,•••••t"': l .041 (;_/4 (Signature) Date - I(1; Date: --�� Print Name: LI)f d : r'1 i/l,rltyi ";ri/ !! Re -Inspection Date: (1.1 I -Inspection Completion Dale: Revised 01109109 TL Bryan, Dasa (EP) From: Covington, Brian (E&P) Sent: Wednesday, March 11, 2009 8:04 AM To: Bryan, Dasa (E&P) Subject: Fw 431 C.R. 346 Original Message From: Kevin Whelan ckewhelan®riflefiredept.org> To: dpesnichak®a garfield-county_com <dpesnichak@garfield-county.com> Cc: Covington, Brian (E&P); Hotard, Sandy (E&P); cchappelle®garfield-county.com ccchappelleo@lagarfield- county.com>; 'Kevin Whelan' <kewhelan[a}riflefiredept.org> Sent: Tue Mar 1015:52:39 Zoog Subject: RE: 431 C.R. 346 The water system was tested today and all requirements for item # 8 on William's SUP is satisfied per the fire district requirments. From: Kevin Whelan [rnailto:kewhelan@a riflefiredepLorg] Sent: Friday, March o6, 2009 1:48 PM To:'dpesnichak@garfield-county.com' Cc: 'brian.covington[ williams.com";'sandy.hotard©williams.com` Subject: 431 CR. 346 FYI, Williams is making progress on all items required by the fire district for item # 8 for their Special Use Permit. A part is on order and should be installed by Monday. When this is done we will test and inspect the water supply system and notify you of the results. If you have any questions, please let me know. 'The Mission of the Rifle Fire Protection District is to Enhance Health and Safety and to Protect the Life, Home, and Property of the People We Serve."' Kevin C. Whelan Division Chief 1 Fire Marshal Rifle Fire Protection District kewhelan@riflefiredept.org Office -(97o) 625-1243 Cell- (97o) 618-7388 Fax- (97o)6x5-x963 2 STATE OF COLORADO Bill Ritter, Jr., Governor James B. Martin, Executive Director Dedlr:aled lo protecting and Improving the l t II11 and environment of the people of Colorado 4300 Cherry Creek Dr. S. Denver, Colorado 00246.1530 Purine (303) 692.2000 TOD Line (303) 691-7700 Located in Glendale, Colorado 1311 p llwww.cd pre e. s l ale. co. u s June 20, 2007 Laboratory Servicer; Division 8100 Lowry Blvd. Denver, Colorado 80230.6928 (303) 692-3090 Dave Cesark, Prin Env Spec Williams Production RMT Co., P.Q. Box 370 Parachute, CO 8 i 635 970/285-9377 RE: Final Permit, Colorado Discharge Permit System - Stoimwater Certification No: CDR -038543 Rulison Field Garfield County Local Contact: Michael Gardner, Sr Env Spec 970/285-9377 Dear Sir or Madam: Colorado Department of Public l lctlth and Environment Enclosed please find a copy of the new permit and certification which have been re -issued to you under the Colorado Water Quality Control Act. Your old permit expires an June 30, 2007. This is a renewal to the permit, and replaces the old one. See page 2 of the Rationale (the pages in italics) for a summary of the changes to the permit, Your Certification under the permit requires that specific actions be performed at designated times. You are legally obligated to comply with all terms and conditions of the permit. Please read the permit and certification. If you have any questions please visit our website at : ti>rvc‘v,cdphe.state.co.ushvq/pertnitsunit/starmwater or contact Matt Czahor at (303) 692-3517. Sincerely, Kathryn Dolan Stormwater Program Coordinator Permits Unit WATER QUALITY CONTROL DIVISION xc: Regional Council of Governments Local County Health Department District Engineer, Technical Services, WQCD Permit File STT7 h OF COLORADO COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT WATER QUALITY CONTROL DIVISION TELEPHONE: (303) 692-3500 CERTIFICATION TO DISCHARGE UNDER CDPS GENERAL PERMIT COR -030000 STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION Certification Number C©R038543 This Certification to Discharge specifically authorizes: Williams Production RMT Co. LEGAL CONTACT: Dave Cesarlc, Priya Env Spec Williams Production RMT Co. P.O. Box 370 Parachute, CO 81635 Phone # 970/285-9377 d ai re. cera rk @fvilliams.com LOCAL CONTACT: Michael Gardner; Sr Env Spec, Phone # 970/285-9377 michaeLgardner@williams.com During the Construction Activity: Gas/OiI Field Exploration and/or Development to discharge stormwater from the facility identified as Rulison Field whichis located at: Map In File , Co Latitude 39.517, Longitude 107.912 In Garfield County to: -- Colorado River Anticipated Activity begins 07/01/2005 continuing through 06/30/2010 On 82.5 acres (82.5 acres disturbed) Certification is effective: 07/01/2007 Certification Expires: 06/30/2012 Annual Fee: $245.00 (DO NOT PAY NOW — A prorated bill will be seat shortly.) Page 1 of 22 t Revised For Prepared By: CONSTRUCTION FIELD WIDE STORM WATER MANAGEMENT PLAN RULISON FIELD GARFIELD COUNTY, COLORADO DCN: 76723.3-ALB07WP001 February 22, 2007 Williams Production RMT Company P.O. Box 370 Parachute, Colorado 81635 2700 Gilstrep Ct, Suite 307 Glenwood Springs, Colorado 81601 Williams: Site Specific Storm Water Management Plan Project Name (Site): Ruiison Industrial Support Facility Field Name: Rulison Latitude: 39.503 Longitude: -107.917 COPS Permit Number: COR -038543 Inspection Type: 14 Day Name of Receiving Water: Colorado River Estimated Distance to Receiving Water (Meters): 822.154 Meters, 0.5 miles Twp, Sec, Range: T-6-5 R -94-W, Section 29 Major Erosion Control Facilities/Structures (BMPs) Utilized at Site:* RC -11, 5C-5 Estimate of Total Area of Site: 1.35 acres Estimate of Disturbed Acres of Site: 1.35 acres Pre -Construction Estimated Runoff Coefficient: 0.6— 0.25 Post Construction Estimated Runoff Coefficient: 0.6 Soil Types: Nihill channery loam Soil Erosion Potential: Moderate Existing Vegetation Description: Sagebrush, wheat grasses, needlethread grasses Final Stabilization Date: Not yet determined Estimate of Percent Vegetative Ground Cover: 45% Seed Mix for Interim Final Reclamation: Low Elevation Salt Desert Scrub Description of Non -SW Discharge Components (Springs, Irrigation): None Location of Non -SW Discharge Components (Springs, irrigation): None Comments: 'Please refer w Fseid Wide SWMP for description Report Date: 3/4/2009 9:30 am O:fProJodsWIQMWtlRospecnOngolrrOPodErM MP.rrtid Wes 3731Z0093:93:35PM Storm Water Inspection Map #I Legend a BMP Point. -- -- Access Road tall other values> Brush Barrier Permanent Berm Temporary Berm /Ein Permanent Diversion Temporary Diversion / Retaining Wall 0 ••Riprap -- Silt Fence Rulison Industrial Support Facility el:. t Straw Bale Barrier -., ,- Terracing Wattles Limit of Disturbance ark ='` Inspector Date dim- ent Trap A.P^' 0 - - ent TrappSe+ ant Trail Sedimen - i //f N e i 0 60 100 150 200 i Feet IIIMI=IIIIINMEml O:fProJodsWIQMWtlRospecnOngolrrOPodErM MP.rrtid Wes 3731Z0093:93:35PM Sent Via Federal £press Overnight Mail March 23, 2009 Garfield County Colorado 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 Williams. EXPLORATION 8E PRODUCriON Williams Production RMT Company Tower 3, Suite 1000 1515 Arapahoe Street Denver, CO 80202 303!572-3900 main 303/629-8281 fax Attn: Chris Cliappelle Re: License or Permit Bond #6577827 -48,000 Special Use Permit for Rulison Support Facility, NWNW Sec. 29-T6S-R94W Garfield County, Colorado Gentlemen: Attached please find original Safeco Bond #6577827 dated March 13, 2009 in the amount of $8.000.00 for Special Use Permit for Rulison Support Facility, NWNW Sec. 29-T6S- R94W. Garfield County, Colorado. Should you have any questions or concerns, please give Dasa Bryan a call at Williams' Parachute office at 970-285-9377. Sincerely, WILLIAMS PRODUCTION RMT COMPANY Patti E. Rives, Administrative Asst. to Joseph P. Barrett, Director -Land Enclosures cc: Via e-mail (pdf) Dasa Bryan/Williams-Parachute office Brad Moss/Williams-Parachute office Sandy HotardlWilliams-Parachute office LICENSE OR PERMIT BOND 7>11ecn In%1ra414;e 4urt1paftx:s P0 Box 34525 Sean*. WA 94124-152& Bond 6577827 LICENSE OR PERMIT BOND KNOW ALL BY THESE PRESENTS, That we, Williams Production RMT Company One Williams Center, Mail Drop 48-6, P 0 Box 3483, Tulsa, OK 74.172 as Principal. and the Safeco Insurance Company of America , a Washington corporation, as Surety, are held and firmly bound unto Garfield County/Colorado, 108 Eighth Street, Suite 401, Glenwood Springs, CO 81601 , as Obligee, n the sum of Eight Thousand Dollars And Zero Cents Dollars tS 8,000.00 for whitish sum, well and truly to be paid. we bind ourselves, our heirs, executors, administrators, successors and assigns. jointly and severally, firmly by these presents. Signed and sealed this lath day of March 2009 THE C'ONDITION OF THIS OBLIGATION IS SL.'C'H, That WHEREAS, the Principal has been or is about to be grunted a license or permit to do business as Special Use Permit for Rulison Support Facility Located in the NW/4NW/4 of Sec 29T6 -R94, also by the Obligee. known as Street Address of 0431 County Road 246 Rifle, CO 81650 NOW. Therefore. if the Principal well and truly comply with applicable local ordinances, and conduct business m conformity therewith, then this obligation to be void; otherwise to remain in MI force and effect. PROVIDED, HOWEVER; I. This bond shall continue in force: Until March 13 2010 , or until the date ot'expiration any Continuation ('ertttic:rte executed by the Surety OR [� Until canceled as herein provided. 2 This bond may be canceled by the Surety by the sending of notice in writing to the Obligee, stating when, not les% than Ilruty day% thereafter, liability hereunder shall terminate as to subsequent acts or omissions of the Principal. r 4. I SEAL er4r 19'53 Williams Production RMT Company Safeco insurance Company of America Principal By ,1/4Alteda—a_ Efizabe Rhodes Atiorney-in-Fact S-090e/SA 10/99 .ifeco and the Safeco logo are registered trademarks of Safeco Corporation kDP CO KNOW ALL BY THESE PRESENTS: POWER OF ATTORNEY No Salem Insurance Company of America General Insurance Company of America Safeco Plaza Seattle, WA 98185 5713 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint "***ar*******w**""AMY FOWLER; DON ALD R, GI:BSON; MELISSA HADDICK; JACQUELINE KIRK; JOE MARTINEZ: TANNIS MATTSON; TERRI MORRISON;SANDRA PARKER; MARY PENA; ELIZABETH RHODES; GINA A. RODRIGUEZ; HDus.t©rl, Texas************..gra- ...* ****.•********•**********a•w***********.**a.r*******..***...*..........r its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued In the course of its business, and to bind the respective company thereby IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this c, 6th day of November Edmund C. Keneafv. Secretary Timothy A. Mtkolajewski, Vice President 2008 CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and ai GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS .. the President. any Vice President. the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surely operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate lilies with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof. may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970. "On any certificate executed by the Secrelary or an assistant secretary of the Company setting out, (I) The provisions of Article V, Section 13 of the By -Laws. and (1i) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile. and the seal of the Company may be a facsimile thereof " I, Edmund C. Kenealy Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations. and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation EL - Ir - r'Vl l e L 11 this S-0974/DS 10108 clay of Edmund C. Kenealy, Secretary Sareco€ and Ile Safeco logo are registered trademarks of Safeco Corporallon. WEB PDF LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that. Williams Production RMT Company, a Delaware corporation, having its principal place of business at One Williams Center, Tulsa, Oklahoma, hereinafter referred to as the "Company", does hereby make, constitute and appoint DAVID ENSMINGER, LENORE DUBALDO, SHARON QUIMBY and BEVERLY UTTER, with the full authority hereinafter provided, the true and Iawful "Attorneys -in -Fact" of the Company, authorized and empowered an behalf of the Company and in the Company's name, and for the sole and exclusive benefit of the Company and not on behalf of any other person, corporation or association, in whole or in part, to commit the Company under all surety bonds which are used m the ordinary course of business by the Company, giving and granting, individually, unto said Attorneys -in -Fact full and complete power and authority to bind the Company as fully and to the same extent as if signed by the duly authorized officers of the Company; and all the facts of said Attorneys -in -Fact, pursuant to the authority hereby given, are hereby ratified and confirmed, with the qualification that said authority to act shall terminate on December 31, 2009 and shall be expressly limited for the purpose as herein stated. IN WITNESS WHEREOF, Williams Production RMT Company has caused its name to be subscribed and its corporate seal to be affixed this /3 day of 20 D Ct . Attest: Williams Production RMT Company f► .` ' By: 9, LaFleur C. Browne Ralph A. Hill Secretary Chairman of the Board and Senior Vice President CERTIFICATE 1, the undersigned, Corporate Secretary of Williams Production RMT Company, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy is in full force and effect on. the date of this Certificate, and the Chairman of the Board and Senior Vice President who executed the said Limited Power of Attorney was and is a duly elected officer of Williams Production RMT Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Corporate Seal of Williams Production RMT Company to these presents this 13 day of ,20 [SEAL] LaFleur C. Browne Secretary David Pesnichak From: Kevin Whelan [kewhelan@riflefiredept.org] Sent: Tuesday. March 10, 2009 2:53 PM To: David Pesnichak Cc: brian.covington@williams.com: sandy.hotard@williams.com: Chris Chappelle; 'Kevin Whelan' Subject: RE: 431 C.R. 346 The water system was tested today and all requirements for item # 8 on William's SUP is satisfied per the fire district requirments. From: Kevin Whelan[mailto:kewhelan@riflefiredept.org] Sent: Friday, March 06, 2009 1:48 PM To: 'dpesnichak@garfield-county.com' Cc: 'brian.covington@williams.com.; 'sandy.hotard@williams.com' Subject: 431 C.P. 346 FYI, Williams is making progress on all items required by the fire district for item # 8 for their Special Use Permit. A part is on order and should be installed by Monday. When this is done we will test and inspect the water supply system and notify you of the results. If you have any questions please let me know. "The Mission of the Rifle Fire Protection District is to Enhance Health and Safety and to Protect the Life, Horne, and Property of the People We Serve " Kevin C. Whelan Division Chief / Fire Marshal Rifle Fire Protection District kewhelan[arifiefiredept.orq Office -(970) 625-1243 Cell- (970) 618-7388 Fax- (970) 625-2963 David Pesnichak From: Kevin Whelan [kewhelan@riflefiredept egg]. Sent: Monday, March 02, 2009 12:02 PM To: brian.covington@williams corn Cc: sandy.hotard@williams cam, Chris Chappelle: David Pesnichak; 'Jason Clark'; 'Fred Clammeyer: lesackett@riflefiredept.org, 'Rob Jones', mamollenkamp@riflefiredept.org, KeAlvey@riflefiredept.org; Tad Schoon, dasa.bryan@williams.com Subject: water supply for fire protection at 431 C R 346 Follow Up Flag:: Follow up Flag Status: Flagged Brian, Thanks for showing me what you have out at 431 C.R. 346 for fire protection water. This type of system is not required or allowed by the fire code but we appreciate any usable water supply in rural areas. If the intent is to meet the fire code requirements, further design features and review would be required. Items from the site visit that is applicable to a plan review of this project: 1. This is a 200 barrel tank (4- 8,400 gallons) which exceeds the 2500 gallons requirement by the county. Tank was half full but shall be kept full at all times. 2. Road to tank and area adjacent to tank (10 ft) is all weather surface and can support the weight of fire apparatus 3. Valves and ,piping is protected from freezing In order to meet the requirement for item # 8 for your Special Use Permit the following is required: 1 Connections for Fire District Use shall be 2 1/2 inch NH Current connections are not compatible with our fire apparatus connections 2. Tank shall be clearly labeled "Fire Protection Use Only-. As we spoke, this water can be rotated out to prevent stagnation problems but should be filled immediately. 3. Water does not need to be potable water but industry water shall not be used 4, Tank shall be maintain per NFPA 25 and shall include: a. Periodic removal of sediment b. Treatment for bacteria and algae that will not damage fire apparatus gaskets and pumps c. Maintenance records be available for fire district inspection d. Annual inspection and if applicable, function test of the system with fire district equipment and personnel, When the above items are completed a functional acceptance test be scheduled and passed with fire district equipment and personnel Please contact my office for scheduling. In the future it is important to have systems such as this properly reviewed by the fire district prior to installation. If you have any further questions. please let me know "The Mission of the Rifle Fire Protection District is to Enhance Health and Safety and to Protect the Life, Home, and Property of the People We Serve." Kevin C. Whelan Division Chief / Fire Marshal Rifle Fire Protection District kewheiant riflefiredept.orq Office -(970) 625-1243 Cell- (970) 618-7388 Fax- (970) 625-2963 Chris Chappelle From: Steve Anthony Sent: Thursday, March 19, 2009 8:59 AM To: Chris Chappelle Subject: FW: Williams Ruiison From: Steve Anthony Sent: Thursday, March 12, 2009 12:18 PM To: Chris Chappelle Subject: Williams Rulison Hi Chris Everything related to Weeds/Reveg that they have submitted is acceptable with the exception of the security -we need to have that in hand Steve Anthony Garfield County Vegetation Management Director POB 426 Rifle CO 81650 Office: 970-625-8601 Fax: 970-625-8627 Email: santhonyPgarfield-county.com June 22, 2007 Mr. David Pesnichak Garfield County Planning 108 81" Street, Suite 401 Glenwood Springs, CO 81601 MOUNTAIN CROSS ENGINEERING, INC. CIVIL AND ENVIRONMENTAL CONSULTING AN[) DESIGN 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 corner. 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 2 c 826 1/2 Grand Avenue • Glenwood Springs, CO 81601 PH: 970.945.5544 • FAX: 970.9453558 • www.mountaincross-eng.com RECEIVED MAY 0 2 2007 G A 'F IF L . L'OU ,p1Y 13UILCi NG & LANNNING April 30, 2007 Garfield County Building and Planning 108 Eighth Street, Suite 401 Glenwood Springs, Co 81601 EXPLORATION & PRODUCTION 108 CR f'. 0.BOX Panch (1) 81635.0370 97 On/15-937" 9701285--9573 fu RE: Special Use Permit request for "Industrial Support Facility" in the RL Zone District Per your letter dated April 19, 2007, Williams Production RMT Company submits the following: I. a. Please find attached a site plan which "portrays the boundaries ofthe existing property, all of the existing and proposed structures on the property and the County or State roadways within one mile of the property." Also included is a updated regional map showing all ofthe state and county roads within 1 mile. '! b. A copy of the County Road Access Permit off of County Road 246 to the proposed "Industrial Support Facility" is attached. 2. Attached is a copy of the merger document showing Williams Production } RMT Co is successor in interest to Barrett Resources, Inc. 3. 5.03 CONDITIONAL AND SPECIAL USES; 1. It is Williams Production RMT Company's opinion that the water source detailed in Requirements of Paragraph 2, A, page 5 of Williams' Application for Special Use Permit and the existing septic system and leach held described Requirements of Paragraph 2, B, page 5 of same document meet the accepted engineering standards and approved by the Board of County Commissions and will be in place or constructed in conjunction with the proposed use. 2. The access road from County Road 246 to the site is a well graveled road with a 20 foot running surface. It is Williams' opinion that the road, as presently constructed will accommodate the traffic volumes generated by the proposed uses and will provide safe, convenient access proposed facility. The access road will be maintained to meet the aforementioned conditions as needed. 3. The design of the proposed facility is so organized as to minimize the impact on adjacent uses of the land. The proposed location of the modular unit is 100 feet ( see attached Site Plan) from both the north and Fast property lines. The storage structures will also be located at least 100 feet from the north property line. 4. Predicted Noise Levels generated at the Proposed Facility are further analyzed in the attached Exhibit #12 which has been amended. Hopefully, the additional provided meets your requirements and completes all of the requirements of the SUP application for the proposed subject facility. Sincerely; Sandy Ho Field Land Manager Attachments: CylProrojectyWlClRull1on10710403 RulleonFloklafflcaTieltlOfflce One_Mlle,rtaa kka S/1/2007 1 14:00 PM Rulison Industrial Support Facility Williams' Property Boundary May 1, 2007 Legend Road Facility Area Williams' Property Boundary 0 200 400 800 Feet • • !% Williams OIProoctslPICIRu4sanl0711403_Rulsanne[001104T14100M One_44114 nid klee 5/1/2007 1 14 00 PM Rulison Industrial Support Facility Regional Map May 1, 2007 Legend Road — — One Mile Perimeter Facility Area 0.25 0.5 Williams rE Garfield County Application for_Driveway permit Person Obtaining Permit: Williams Production RMT Company Application Date: 4/30/2007 County Road Number: 245 District: Rifle Permit Number: GRB07D-45 Termination Date: 7/1/2007 Inspector; Jake Mall hereby requests permission and authority from the Board of County Commissioners to construct a driveway approach (es) on the right -of --way off of County Road, 245, of 114 m1 North of I-70, located on the West side of road for the purpose of obtaining access to property. Applicant submits herewith for the consideration and approval of the Board of County Commissioners, a sketch of the proposed installation showing all the necessary specification detail including: 1. Frontage of lot along road. 2. Distance from centerline of road to property line. 3. Number of driveways requested 4. Width of proposed driveways and angle of approach. 5. Distance from driveway to road intersection, if any. 6. Size and shape of area separating driveways if more than one approach. 7. Setback distance of building(s) and other structure improvements. 8. No unloading of equipment an county road, any damage caused to county road will be repaired at subdivision expense. 9. Responsible for two years from the date of completion, general f rovisiou 1) The applicant represents all parties in interest, and affirms that the driveway approach (es) is to be constructed by him for the bona fide purpose of securing access to his property and not for the purpose of doing business or servicing vehicles on the road right of way. 2) The applicant shall furnish all labor and materials, perform all work., and pay all costs in connection with the construction of the driveway(s). All work shall be completed within thirty (30) days of the permit date. 3) The type of construction shall be as designated and/or approved by the Board of County Commissioners or their representative and all ntateriats used shall be of satisfactory quality and subject to inspection and approval of the Board of County Commissioners or their representative. 4) The traveling public shall be protected during the installation and weith proyee wsharn ne held Sshand signals i aglsiand the Board ny action of County Commissioners and their duly appointed agents for personal injury or property damage sustained by any reason of the exercise of the Permit. 5) The Applicant shall assume responsibility for the removal or clearance of snow, ice, or sleet upon any portion of the driveway approach (es) even though deposited on the driveway(s) in the course of the County snow removal operations. 3 39 d 39QIda QNtII Qtiol LZ985Z9 a7I:ZL LO Z/6Z0 6) In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the entrance shall be surely braced before the fence is cut to prevent any slacking of the remaining frnce and all posts and wire removed shall be turned over to the District Road Supervisor of the Board of County Commissioners. 7) No revisions or additions shall be made to the driveway(s) or its appurtenances on the right-of-way without. written permission of the Board of County Commissioners. 8) Provisions and specifications outlined herein shall apply on all roads under the jurisdiction of the Board of County Commissioners of Garfield County, Colorado, and the Specifications, set forth on the attached hereof and incorporated herein as conditions hereof. 9) Final inspection of driveway will be required upon completion and must be approved by person issuing permit or representative of person issuing permit. The Inspection and sign off must be done prior to any CO from the Building and Planning Department being issued, 10) Contractor agrees to all Provisions in Exhibit A. Special Conditions: 1. Driveway Width- 4Oft 2. Culvert required? False Sizes by 3. Asphalt or concrete pad required? True Site of pad: 100x40x4 in thick 4. Gravel portion required? True Length. 100ft S. Trees+ brush and/or fence need to be removed for visibility? False 6. Distance and Direction: 7. Certified Traffic Control Required? False 8. Work zone signs required? True In signing this application and upon receiving authonzation and permission to install the driveway approach (es) described herein the Applicant signifies that he has read, understands and accepts the foregoing provisions and conditions and agrees to construct the dnveway[s) in accordance with the accompanying specification plan reviewed and approved by the Board of County Commissioners. Signed: Willtarns Production RMT Company Address: (6 5 t 4 tc ry, r, )1 S Telephone Number: - i emit granted 4/3012007, subject to the provisions, specifications and conditions stipulated herein. For Board of County Commissioners' of Garfield County, Colorado: CO 39tld dAleAQ Repress tative of Garfield County Road and Bridge Signature 39fliae (INV 'mad /2985Z9 6t =ZZ L00L/6L/t'e Delaware the First State PAGE 1. I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF TfiE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF MERGER, WHICH MERGES: "BARRETT RESOURCES CORPORATION", A DELAWARE CORPORATION, WITH AND INTO "RESOURCES ACQUISITION CORP." UNDER THE NAME OF "WILLIAMS PRODUCTION RMT COMPANY", A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE, AS RECEIVED AND FILED IN THIS OFFICE THE SECOND DAY OF AUGUST, A.D. 2001, AT 12:15 O'CLOCK P.M. 3388640 8100M 020131383 Harriet Smith Windsor. Secretary of Stara AUTHENTICATION: 1635350 DATE: 02-27-02 '61e/V2/01 12:88 s nr,EN ARP'S ti c CERTIFICATE OF MERGER. OF BARRETT RESOURCES CORPORATION RESOURCES ACQUISITION CORP, Pursuant to Section 251 of the General Corporation Law of the State of Delaware sTArd OF OZIWAAY4 SBcRETAnr of sTArE Drvrsicw of CORPORATIONS FILED 12:15 10H 08/02/2001 0I0376792 - 3388640 Resor Acquisition Corp., a Delaware corporation ("Acquisition"), pursuant to Section 251 of the General Corporation Law of the State of Delaware (the "DGCL"), hereby certifies eta faaliuwe FIRST: The name and state of incorporation of each of the constitu- ent corporations to the merger arc as follows: Barrett Resources Corporation Rcaourccs Acquisition Corp. Delaware Delaware SECOND: An Agreement and Pian of Merger (the "Merger Agree- ment"), dated as of May 7, 2001, by and among The Williams Companies, Inc., Acquisition and Barrett Resources Corporation ("Barrett") has been approved, adopted, certified, executed and acknowledged by c' cb of the consatuo nt corpora- tions in accordance with Section 251 of the DGCL, T1 -W D: Acquisition shall be the corporation surviving tete merger (the "Surviving Corporation"). FOURTH: The Certificate of Incorporation of Acquisition shall be the Certificate of Incorporation of the Surviving Corporation until thereafter changed or amended as provided therein or by applicable law; provided, however, that the following changes to the Certificate of Incorporation of Acquisition shall be effected 13 a result of the merger: Snio».o.t-q..r root a7A 08,02/01 12:08 SKADDEN ARDS 4 D C 1, Article FIRST shall be astlssndod and restated to rem as follows: "The name of the corporation is Williams Production RMT Company.": and 2, Article SIXTH, paragraph 4, shall be amended and restated to read as follows: "No director shall be personally liable to the Corporation or any of its stockholders for monetary damages for breach of fiduciary duty as a director, except for liability (i) for any breach of the director's duty of loyalty to tho Corporatism or its stockholders, (ii) for acts or omissions not in good faith or which involve isumtaonal taliscondact or a knowing violaion of law, (iii) pursuant to Sectioa 174 of the GCL or (iv) for any transaction from which the director derived an improper personal benefit If the GCL is amended to authorize corporate action further eliminating or limiting the personal liability of directors, then the hability of directors of the Corporation shall be elimi- nated or limited to the fullest exteat p+ witted by the CCI.,, as so amended. Any repeal or modification of this Article SIXTH by the stockholders of the Corporation shall not adversely affect any right or protection of a director of the Corporation existing at the time of ouch repeal or modification with re- spect to acts or sxrtissions occurring prior to such repeal or modification." 3. The following paragraph aha11 be added to Article Sixth as paragraph 6 thereto: "Thc Corporation shall fully honor and abide by the provisions set forth in Section 7.9 of the Agreement and Plan of Merger dated as of May 7, 2001 (the "Meager Agreement") by and among the The Williams Companies, Inc., the Corporation and Barrett Resources Corporation. Any repeal or Modifica- tion of this paragraph 6 of this Article SIXTH by the stockholders of the Corporation shall:wt adversely affect any rights or protection afforded to tho Indemnified Persons (as dea od in the Merger Agrco nent)pursuant to this paragraph and Section 7.9 of the Merger Agreement." FIFTH: The executed Merger Agreement is on file at the office of the Surviving Corporation, 1515 Arapahoe Strout, Tower 3 Suite 1000, Denver, Colo- rado 80202. 50feii.74-1Nr YOLK 1711 2 N3.104 P03 138"22/ 12:08 SCHDt N FFFS + D C 1,0.1E34 904 SIXTH: A copy of the Mcrgtr Agreement will be provided by the Survivirt8 Corpporation, upon request and without cast, to any stockholder of oithet constituent corporation. SEVENTH: This Certificate of Merger shall be effective upon its filing with the Secretary of State of the State of Delaware, IN WITNESS WHEREOF, Resources Acquisition Corp. hes caused this Certificate of Merger to be executed in its corporate name this 2nd day of August, 2001. RESOURCES ACQUISITION CORP. ley: Name: staves J. Maicolrn Title: president 5owmoi-Ka6 run S7A 3 Amended Exhibit # 12 Williams Production RMT Company Application for Special Use Permit Rulison Industrial Support Facility NW/4 NW 14 Sec 29, T6S, T94W Garfield County, Colorado Noise Levels 1. Planned Activities at the "Facility" during Construction and Operation. During the construction phase, the site will be further leveled using a grader and additional gravel if needed hauled to the site with dump trucks. A front end loader may be used to collect andior distribute gravel if needed. Several pickups will visit the site during construction. During the operation phase, pickups will visit the site daily and haul trucks delivering supplies and parts will visit the site on an "as needed" basis. 2. Site Description: Figure 1 shows the proposed "Facility" located in the northeast corner ofa 38.66 acre tract west of Parachute, Colorado. Vacant lands are to the north, west and east of the tract and 170 corridor is to the south. The nearest occupied dwelling is located approximately 1750 west of the proposed "Facility". The lands around the proposed "Facility" are zones Resource Lands -Lower Valley Floor. 3. Applicable Regulations: Noise emanating form the site shall be required to meet the noise statutes set forth in Colorado Revised Statues 25-12-103 (5). The Colorado Revised Statutes require the following: "Every activity to which this article is applicable shall be conducted in a mariner so that any noise produced is not objectionable due to intermittence, beat frequency, or shrillness. Sound levels of noise radiating from a property line at a distance of twenty-five feet or more there -from in excess of the db(A) established for the following time period and zones shall constitute prima facie evidence that such noise is a public nuisance: Zone 7:00 AM to next 7:00 PM 7:00 PM to next 7:00 AM Residential 55 db (A) 50 db (A) Commercial 60 db (A) 55 db (A) Light industrial 70 db (A) 65 db (A) Industrial 80 db (A) 75 db (A) 4. Operating Hours: During the construction phase, the project will operate during normal working hours from 7:00 AM to 5:00 PM Monday through Friday. During operations of the facility following construction, normal operating hours will be 7:00 AM to 6:00 PM seven days a week. 5. Noise Analysis Results: 1. Published noise Ievels for equipment used during construction and normal operations were used to predict noise levels along property lines. These results are shown in the table below. Data and calculation method for these predictions were based on the US Department of Transportation Roadway Construction Model, Version 1.0, February 2006. Data for grader, dump truck, front end loader, haul truck and pickup were used in the calculations. As can be seen in column three (3), the predicted noise generated at the boundaries of the property is within the State of Colorado noise limitations and therefore in compliance with the Zoning Regulation of Garfield County. Predicted Noise Levels from proposed "Rulison Industrial Support Facility" Prediction Location Approximate Maximum Predicted Noise Level Distance to Noise Level Limit Source (Lrnax, dBA) (Lmax, dBA) Feet East & North Industrial North Property Line 100 78 East Property Line 100 78 South property Line 1100 58 West Property 1100 58 80 80 80 80 In addition to the predicted values, actual values were taken for two vehicles that will be on the site during construction; a motor grader and a 4X4 2006 Ford Pickup. The pickup readings were taken at the proposed "Facility" and the motor grader readings taken at a well pad near the proposed "Facility". These results are tabulated below: Actual Noise Levels Actual Levels Distance Recorded Predicted taken from Noise Noise Level 4/27/2007 Machine Level (feet) (dBA) (dBA) Motor Grader 50 79 85 140 Caterpillar 100 70-72 78 2006 Ford Pickup 50 55 55 100 51 48 Note: The noise from the 170 freeway approximately''/ mile to the south of the proposed "Facility" was recorded at 10:00 AM on 4/27/2007. The noise level ranged from 50-55 dBA during a 5 minute period GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and J , 11:4P16 ^i �'' ' '• 3 T (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for 431 iLi �} R ¥I// (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COI plan. APPLICANT Signa ure Date: 4-!7-CY7 Pt ou out 61/4 -ab Print Nam diIing Address: 10S1R C. l _ 2 i 2 iael,tAste, c U 11, -3S- 10/2004 , -3S 10/2004 GE=— C611Ji ► r sbt1U6 970- Z43- 27 74 rrk6L- y70 - 266 -0775' c diadoo `Iva hoz au 46 ikat eottocw," lvE,4t-Eve-- Page 4 ;edit 4/44, REC 's ED APR 1 0 Z007 1 Page 1 of 1 David Pesnichak From: Whitehead, Dwight [Dwight,Whiteheadstate.co.us] Sent: Tuesday, May 22, 2007 2:33 PM To: David Pesnichak Subject: RE: Williams RMT Co. - Temp Office - Garfield County 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 roust 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. If you, Mark or Don have any questions, feel free to call (970-945-5665 ext 5011) or e-mail. Hope this helps. Dwight From: David Pesnichak[mailto:dpesnichak@garfleld-county.comJ 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 Ruflson, just north of I-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' arid 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 5/22/2007 niL-OO-n3L-LL 2173-251-00-022 LL LL - a CO CO 11 I I CNN 14 4 20 21 022 B . L. M 4 5 T 182 co 021 • 9 28 023 02 TALBOTT RUL1S 003 _ 00A 2175 T. 6 S. R. 94 W.