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HomeMy WebLinkAbout4.0 BOCC Staff Report 12.17.2012Board of County Commissioners — Public Hearing Exhibits Patterson — Encana Subdivision Exemption Director's Call -Up of an Administrative Review Director's Decision Public Hearing - December 17, 2012 Continued to 1/21/13 and 2/19/13 (File MIEA-7328) Exhibit Letter (A to Z) Exhibit Description A Proof of Publication B Return Receipts from Mailing Notice C Garfield County Unified Land Use Resolution of 2008, as amended D Garfield County Comprehensive Plan of 2030 E Application F Staff Report G Staff Presentation H Supplemental Application Materials including proposed Deed Restriction Supplemental Application Materials — Weed Management Plan & Additional. Soils Analysis J Director's Cala-up Cover Memo & Director's Decision Letter K Referral Comments from Garfield County Road and Bridge L Referral Comments from Garfield County Consulting Engineer M Referral Comments from Garfield County Vegetation Manager N Referral Comments from Grand Valley Fire Protection District 0 Referral Comments from Town of Parachute P Referral Comments from County Environmental Health Q Referral Comments from Division of Water Resources R Referral Comments from Colorado Geological Survey S Public Comments from Jim and Ellen De Kam T Request for Continuation and Updated Authorization Letter U Weed Survey Mapping provided by the Applicant V Updated Referral Comments from County Vegetation Manager W Updated Staff Report (dated 1/14/13) X Compressor Station Special Use Permit Resolutions & Permit Y Orchard Compressor Station Compliance Letter & Attachments (2008) Z Previous Continuation Request (dated 1116113) 1 Supplemental Staff Memorandum (dated 2/11/13) 2 Improvements Location Survey Proposed Lot 1 3 Updated Drainage Plan for Proposed Lot 1 (dated 11/16/12) 4 Updated — Edited Draft Subdivision Exemption Plat (dated1/22/13 revised 1129/13) 5 Email request regarding Edits to Plat Certificates (dated 2/4/13) 6 7 8 9 10 11 12 13 14 15 s EXHIBIT Patterson — Encana Subdivision Exemption File MIEA-7328 BOCC 12/17/12 - GH PROJECT INFORMATION AND PRELIMINARY STAFF COMMENTS TYPE OF REVIEW APPLICANT - PROPERTY OWNERS AUTHORIZED REPRESENTATIVE LOCATION PARCEL SIZE WATER/SEWER ACCESS EXISTING ZONING Minor Subdivision Exemption Administrative Review — Call -Up by the Board of County Commissioners Rodney C. Power, William R. Patterson, Ronald E. Tipping, and Marie E. Tipping Encana Oil and Gas (USA) Inc. Approximately 4 miles southwest of the Town of Parachute, off of County Road 300. The property is also known as 318 County Road 300, Parachute, CO 81635 and as Assessor's Parcel No. 2400-342- 00-108. 222.7 Acres Waivers are being requested based on existing industrial uses. Existing driveway and private road easement off of County Road 300. Rural I. DESCRIPTION OF PROPOSAL & BACKGROUND The request is for a minor subdivision exemption to create a new 10.7 acre lot out of the original 222.7 acre tract. The 10.7 acre lot (proposed Lot 1) contains the Encana Orchard Compressor Station and an Xcel Energy substation. The remaining 211.9 acre tract (proposed Lot 2) is currently utilized for a preexisting gravel pit, commonly known as the Una Pit. The subdivision exemption will allow Encana Oil and Gas (USA) Inc. to purchase and own the compressor station and substation site. No changes are proposed to the current operation of the gravel pit. The Orchard Compressor Station was originally permitted in 2005 (Resolution No. 2005- 75) and further reviewed and permitted in 2006 (Resolution No. 2006-104). The County's files reflect documentation that all conditions of approval were met and a Land Use Change Permit issued for the compressor station which is currently fully constructed and operational. The site has an existing private driveway and access easement. A source of potable water is not provided on the site. Portable toilets are provided on the site. The station is fully fenced and includes 3 gas powered compressors and two electric driven compressors along with supporting infrastructure and pipelines. Two gas well pads are also located on the remainder parcel along with the preexisting gravel pit. The well pad share access roadways with the Compressor Station while the gravel pit is served by separate access directly off of County Road 300. At the southerly portion of the 211.7 acre parcel, adjacent to the Colorado River, Encana operates a water pumping operation on an as needed basis. The gravel pit is operating as a pre-existing use. The County did approve a Land Use Change Permit for a temporary asphalt batch plat on the gravel pit site in 2004 (Resolution 2005-15 issued to Grand Junction Pipe). The Compressor Station is generally level with little or no evidence of vegetation as it is a fully developed industrial site. The remainder parcel reflects gravel mining activities, including access driveways, an office, scales, gravel and related material stock piles. Some reclamation areas including water/pond features and habitat protection along the Colorado River are also found on the site. The gravel pit site is low in elevation and gives some indication of potential impacts from the adjacent to the Colorado River and its flood plain. II. AUTHORITY — APPLICABLE REGULATIONS The Minor Subdivision Exemption Application is being processed in accordance with Section 5-202, 5-402, 5-406 and 4-104 of the Unified Land Use Resolution of 2008 as amended (ULUR) as in place at the time of submittal of the Application. The Applicant has provided documentation including deeds for the property supporting the finding that no other Tots have previously been created out of the parcel as it existed on January 1, 1973 and that the property qualifies for the creation of one new lot and the remainder parcel in accordance with Section 5-202 (B) of the ULUR. Evidence of boundary line adjustments and related conveyance of property were noted but did not create exemption lots. 1I1. DIRECTOR'S DECISION AND CALL-UP The issue of a waiver from a legal and adequate water supply for the proposed lot was discussed with the Applicant during pre -application meetings and initial review of the submittals. The Applicant was advised of the likelihood of a call-up for review by the Board to deal with the policy issue of a subdivision exemption for industrial properties that do not require potable water for operation. Comments from an adjoining property owner also requested call-up for review by the Board of County Commissioners. On October 29, 2012, Fred Jarman, Director of the Building and Planning Department issued a Director's Decision for a call-up for review by the Board. A copy of the decision letter is attached. On November 5th the Board reviewed the call-up request and scheduled a public hearing for consideration of the request for December 17tH 2 IV. WAIVER REQUESTS 1. The Applicant is requesting approval for the subdivision exemption subject to the granting of a waiver from the requirements to demonstrate a legal and adequate supply of domestic water for the proposed lots (ULUR Section 7-104). The Applicant has justified the request based on the existing and ongoing industrial uses, in particular the compressor station use which does not generate the need or demand for a typical domestic potable water source. The Applicant has proposed the use of a deed restriction to ensure that the use of proposed Lot 1 remains industrial consistent with the current use (see Supplemental Application Materials). No changes to the existing gravel pit operation are proposed and the Application does not provide evidence of domestic water service for that lot. 2. Portable toilet facilities are provided on both lots serving the existing uses. Engineered ISDS may be required based on soils and ground water issues. V. PUBLIC AND REFERRAL COMMENTS 1. County Consulting Engineer, Chris Hale with Mountain Cross Engineering: Commented on the waiver on provision of potable water, private roadway standards, and the need to document any flood plain issues. 2. Division of Water Resources: Division noted several policies/regulations and the existing and proposed uses which do not include any dwellings. The comments concluded that, "This Office has no objections to this Application." 3. County Road and Bridge: Indicated that they have no objections to this moving forward but noted that any further driveways or utilities affecting the County right-of- way would require the proper County permitting. 4. Town of Parachute: Indicated that Parachute is in favor of the Application. 5. Grand River Fire Protection District: The District identified water sources available in the area and the responsibility of the owner to comply with the International Fire Code. The District indicated that they have no objection to this exemption. 6. County Vegetation Manager: Requested a weed inventory for the site and as appropriate provision of a weed management plan. 7. County Environmental Health Office: Indicated that they did not have any environmental health concerns at this time. 8. Colorado Geological Survey: Provided referral comments indicating that site specific soils studies should be required based on collapsible or expansive soils on the site. They also noted shallow groundwater and erosion protection concerns. 3 Other Agencies receiving referrals included XceI/Public Service and the Colorado Department of Public Health and Environment. Comments from these agencies have not been received at this time. 10. A public comment letter was received from Jim and Ellen De Kam a neighboring property owner requesting a call-up for review by the Board of County Commissioners. They note concerns with the current uses and discuss rezoning issues. Verbal comments from another adjacent land owners also expressed concerns regarding ground water and drainage. VI. STAFF ANALYSIS 1. Public Comments The public comments received to date have expressed concern about the current industrial and gravel pit operations on the site. Confirmation that the uses are in compliance with the ULUR should be considered as conditions of approval. The issue of rezoning the site to industrial was raised and is deemed by staff to be worthy of discussion but may not be appropriate for consideration as part of the current development review. 2. Adjacent Uses and Zoning Adjacent properties and land uses are summarized below and reflect the character of the area including industrial, residential, rural agricultural uses and open space. North: Industrial (Travelers Highlands Subdivision), open space, and transportation (1-70 Interstate and a major railroad corridor) East: Agriculture and open space West: PUD (Strong Industrial PUD), Agriculture and open space South: Residential, Agriculture, opens space, Colorado River Corridor Zoning adjacent to the site: North: Commercial Limited (CL), Resource Lands - Gentle Slopes and Lower Valley Floor (RL) East: Rural (R) West: PUD and Rural (R) South: Rural (R) 4 Zoning Map R: R R Patterson Site 3. Relationship to the Compehensive Plan Relevant excerpts from the Garfield County Comprehensive Plan 2030 are inserted below for convenience. Section 4 - Economic, Employment and Tourism Strategies and Actions 4. Ensure that commercial/industrial developments are compatible with adjacent land uses and preserve the visual quality of the county Section 7 — Water and Sewer Services Policies: 3. Development proposals in rural areas without existing central water and/or sewer systems are required to show that legal, adequate, dependable and environmentally sound water/sewage disposal facilities can be provided. Section 9 — Mineral Extraction Policies 4. Facilities that are appurtenances to oil/gas development activities (compressors, etc.) are considered appropriate in all land uses so long as they meet the respective 5 mitigation requirements of the ULUR to maintain compatibility with surrounding land Uses. Chapter 2 — Future Land Use Table - Descriptions The site is shown on the Comprehensive Plan Future Land Use Map as Residential Medium High Density with an overlay of Rural Employment Center. It is also located at the edge of the Parachute Urban Area of Influence and near or adjacent to flood plain overlays. LAND USEDESCRIPTION DESIGNATION COMPATIBLE ZONING Residential Medium (RIM) High Small lamb, estates, and clustered residential subdivisions; density determined by degree of Mustering and land preserved in open condition: O% open land = 1 du per -6 acres 50% open land = 1 du per 4 acres 70% open land = 1 du per 2 acres Rural Ni Planned Unit Development (PUD) Density c/ resrdcntral rises: 1 du ler 2 to <6 acres LAND List DESIGNATION Rural employ merit Center DESCRIP1ON Small areas adjacent to major roadways that allow light industrial, manufacturing, equipment storage, and incidental retail sales. This designation also includes residential use's or employees of the business an the property, such as Iiv9e work housing. COMPATIBLE Zo14,11wG Industrial (I) I.ighl hxlcrslrial tl l} Panned Unit Development (PUD} Density of res 114 uses: Determined by review Example: Legend for the Future Land Use Map shown below is as follows:: Tan: Blue Cross Hatch: Red Band: Pink Asterisk: Blue Band: Residential Medium High Density Flood Plain Town of Parachute Urban Area of Influence Rural Employment Center Colorado River 6 Comprehensive Pan Future Land Use Map Patterson Site 3. Domestic Water The Applicant's proposal for deed restrictions on the lots and potential plat notes could provide notice to prospective property owners that a source of potable water has not been provided or demonstrated for the lots. The restrictions and plat notes could also provide a basis for the County to deny future building permits for uses requiring a domestic — potable water source pending development of wells and water quality testing for said uses. The Colorado Division of Water Resources comments did not oppose the Applicant's proposal based on water issues. Review and approval by the County Attorney's Office of deed restrictions and plat notes should be required if that option is deemed appropriate by the Board of County Commissioners. As currently proposed the Application requires waivers from the ULUR provisions and is not consistent with Comprehensive Plan Policies. This Application is anticipated to generate a discussion by the Board regarding waterless subdivisions and may have broader policy implications. The desire by industrial operators to own rather than lease property on which their facilities are located is becoming a more common discussion. 7 4. Zoning Prior to approving the plat, verification that the temporary office structure along the west property line meets setback requirements shall be required. An improvement location survey may be required and minor relocation of the temporary office to ensure compliance with the side yard setback requirements of the Rural Zone District may be necessary. Based on the current Land Use Change Permit in place for the use no other zoning issues have been noted. 5. Access Easements are provided for access to Lot 1 and the Staff site visit has confirmed the size and dimensions of the existing driveway. The access driveway is essentially level and the easement width is compliant with ULUR requirements. 6. Wastewater The lots are currently served by portable toilet facilities. Future development may require engineered Individual Sewage Disposal Systems (ISDS). A plat note should be required indicating that if soils analysis or "perc" testing warrants ISDS systems may be required to be designed by a licensed professional engineer. 7. Fire Protection Based on referral comments from the Grand River Fire Protection District no special fire protection needs were identified for the site or the existing uses on both lots. 8. Severed Mineral Interests and Other Required Plat Notes In regard to mineral ownership Staff suggests the following plat note be placed on the Exemption Plat:: "The mineral rights associated with this property may not have been transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s)." In addition, a list of required standard plat notes required for inclusion on the plat are outlined in the draft conditions and include potable water issues, existing uses and approvals, and site specific soils analysis. 9. Vegetation Steve Anthony, County Vegetation Manager requested a weed inventory and management plan. The Applicant has provided in a supplemental submittal a detailed weed management plan for Lot 1, Weed management and/or reclamation issues on the gravel pit site should be addressed as a condition of approval. A plat note should require ongoing compliance with the County Weed regulations. 8 10. Utilities Utilities are existing and in place to serve the proposed uses with electrical service. An electrical sub -station is located on a portion of Lot 1. Additional infrastructure is not proposed or needed at this time. 11. Impact Fees Conditions requiring future payment of traffic impact fees in accordance with the ULUR are outlined in the draft conditions. VII. SUGGESTED FINDINGS The following suggested findings would support approval of the Subdivision Exemption Application subject to conditions and waiver approvals. 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. The hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons the proposed Subdivision Exemption is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoption of conditions and granting of waivers the application has adequately met the requirements of the Garfield County Unified Land Use Resolution of 2008, as amended, including Section 5-406, General County Exemption Criteria. Findings to support a denial of the application are included in Option B under the Draft Conditions and Options for Board Consideration below. VIII, DRAFT CONDITIONS and OPTIONS FOR BOARD CONSIDERATION Option A: Approval of the Minor Subdivision Exemptions subject to compliance with the following conditions of approval and granting of waivers. 1. That all representations contained in the Application submittals shall be considered conditions of approval unless otherwise amended or changed by the Board of County 9 Commissioners. 2. The Applicant shall include the following text as plat notes on the final exemption plat or amend the existing text to conform to following: a. Control of noxious weeds is the responsibility of the property owner. Compliance with the County Noxious Weed Regulations and Weed Act shall be required. b. No new open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. c. All exterior lighting shall be the minimum amount necessary and that all exterior lighting be directed inward and downward, towards the interior of the subdivision exemption, except that provisions may be made to allow for safety fighting that goes beyond the property boundaries. d. Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. Those with an urban sensitivity may perceive such activities, sights, sounds and smells only as inconvenience, eyesore, noise and odor. However, State law and County policy provide that ranching, farming or other agricultural activities and operations within Garfield County shall not be considered to be nuisances so long as operated in conformance with the law and in a non - negligent manner. Therefore, all must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non -negligent agricultural operations. e. All owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is 'A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. f. Addresses are to be posted where the driveway intersects the County road. If a shared driveway is used, the address for each home should be posted to clearly 10 identify each address. Letters are to be a minimum of 4 inches in height, .% inch in width and contrasts with background color. Driveways should be constructed to accommodate the weights and turning radius of emergency apparatus in adverse weather conditions. h. Combustible materials should be thinned from around structures so as to provide a defensible space in the event ofa wild land fire. i. "The mineral rights associated with this property may not have been transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s). " I. A site specific soils and foundation analysis shall be required for new construction. Compliance with the recommendations of said analysis shall be required. Engineered foundations and septic systems may be required pursuant to the findings and recommendation of the soils analysis and percolation tests. k. Traffic Impact Fees shall be calculated and paid to the County at the time of Building permit issuance for changes in use on Lots 1 and 2, based on the ULUR in effect at that time. I. Compliance with all Garfield County Flood Plain regulations is required for development on Lots 1 and 2. 3. Site specific soils analysis shall be completed prior to issuance of building permits within the Subdivision Exemption. Engineered foundations and septic systems may be required pursuant to the findings and recommendation of the soils analysis and percolation tests. A plat note containing this requirement shall be added to the Exemption Plat. 4. Approval of the proposed Exemption Plat shall be subject to final review and approval by the County Attorney's Office and the County Surveyor. The Applicant shall submit a blueline of the proposed plat based on the above review with all corrections required by the County Staff. Upon final approval by Staff the mylar shall be printed and all necessary signatures obtained prior to presenting the plat to the Board of County Commissioners for their signature. 5. A waiver to the ULUR Water requirements contained in Section 7-104 is granted subject to the requirement that a plat note be included on the exemption plat and deed restrictions placed on both Lots 1 and 2 indicating that demonstration of legal, physical or adequate sources of water for the proposed lots has not been provided and future changes in use will require demonstration of said adequate water provisions for the Tots prior to the issuance of any future building permits. Final approval of deed restriction and plat note text by the County Attorney's Office shall be required. Sample plat note language is provided as follows: 11 m. Lots 1 and 2 have been created without providing evidence of a legal,. physical, or adequate source of domestic potable water. Existing Industrial uses are served by temporary or portable facilities. Issuance of future building permits for changes in use will require demonstration of compliance with water service plan requirements pursuant to the ULUR as in place at that time. Current owners and future Lot purchasers are put on notice that the County will deny building permits based on a failure to meet said requirements. A deed restriction setting forth these requirements has also been placed on Lots 1 and 2. Nothing contained herein or in said deed restriction prevents the current or future owners of Lots 1 and 2 from continuing the existing industrial operations of a compressor station on Lot 1 and a gravel pit operation on Lot 2. 6. Traffic impact fees for Lots 1 and 2 shall be calculated and collected prior to issuance of future building permits and changes in uses on said lots, as applicable in accordance with the ULUR provisions in effect at that time. A plat note to that effect shall be included on the Exemption Plat. 7. Prior the execution and recording of the Exemption Plat, the Applicants shall convey adequate irrigation water rights to each lot to provide for outside irrigation commensurate with each lot's size and irrigation demands. 8. The Applicant shall maintain compliance with all conditions of approval contained in the existing Land Use Change Permits for the Orchard Compressor Station located on proposed Lot 1. The Applicant shall provide confirmation that the current gravel pit on Lot 2 is allowed pursuant to a preexisting use status. Any noncompliant conditions or uses not permitted under the preexisting use status shall be addressed or corrected prior to execution and recording of the exemption plat. Compliance shall include any relevant flood plain regulations, compliance with County Weed Regulations and applicable State regulations including storm water management, air quality, and reclamation requirements. 9. Prior to filing of the exemption plat the Applicant shall provide an improvement location survey or other acceptable documentation that all setbacks shall be met on Lot 1 or relocate existing facilities for ensure setback compliance. 10. The Applicant shall include on the final plat delineation of the 100 year flood plain. Compliance with all applicable flood plain regulations shall be required. A plat note to that effect shall be included on the exemption plat. 11. Prior to execution of the exemption plat the Applicant shall provide confirmation that all stormwater drainage improvements are in place for the Compressor Station and that any off-site impacts are properly mitigated. 12 Option B Denial of the Minor Subdivision Exemption Request based on the following draft findings. • The Application is not in compliance with the ULUR Section 7-104 Sufficient Legal and Physical Source of water. • The Application is not in general conformance with the Garfield County Comprehensive Plan 2030 VICINITY MAP VICINITY MAP SCALE IN 13 Views of the Compressor Station and Substation 14 County Road Access Gravel Pit is in on the right Gravel Pit East of Compressor Station 15 View of the Water Pumping Location View of Residential Property Access Adjacent to Water Pumping Location South End of the Site 16 5 EXHIBIT C Lu t • 5 C 0 ton 41 u 0 = 4n 0 E U E to .c o • ra c©= a. rq C] U F-- c U - u} CEJ CL 110 0 r® [a 5 a C O -0 ara co NC 0 �o U N U -0 a cu 4Z i (Cs LD Applicant: Patterson 0 co • L.) 5 — Background co i!) 0 0 C 0 0 ." 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XO? 0d VC: d ONIdd11 diefr% Y 0 Pr140L'^ 7;.7, gra. 4 LL a 4 r J 0 f 1- W L SAO UAL?: 100 as 1111.161611 WNW ...rr+r NOI3d&V3X3 NOJ Slairaans G7[d `O7 'N3fl3Nfl QNtlil`J Vet XOP 'O d ltrt1 ONIdd t 3WVI1 Y q NNO& 041 c CO Cl0 0 L CO0 E 2 V (I) Pink — industrial Comments W MEM cL F +',a) N til l4• 0 -0— 4--. 4— c v (11 • vs S� 0 - ▪ b.LD . � n a3 S qA ate-+ C Sr1 4-+ C C6 tl vi D C< ate'' +' a CO 4— _ .1 , . SCD cry 0 - 4) L +-� t1. CU ]C)C a�O J CD co = C - -C3) U d �sz a) • a)0 > 4. .- • 4-0 0 O C• a --t U (1) C Co C p.� CO j 2 .c a) .-F, N ©.., C C H _c ..? C i 4--, co Co • 1 C • Q O +-, - CP 2 .5 a) •– -o d -o L • 0 +, +� a s C V �--+ L 7❑ E CCS U t • c. 4-▪ , VI) ▪ =..ate-+ u i 0 • ci CU i p CD vi u 7• S_ co C C CD j }' N fl) ufl 0 c CCS Cu 0 145 • 0 Lri CaA co +• ' U +-+ c L to_c c cc v 1- CO ▪ = 0' c.i mss= -ca)cr *� — LJ +mac' -,oma c a) L_ 0 C Ca i1 Co ,- • C ' U it C _c (4-0 ra �+ �� o �.• � ? (I7 4J E E 0 u (0 C Q vjQ vsCV) to (7)C EU N +w-+ s C N Q � 0J coo ro +i CO CO . U V (1:5t]fl L U }' -a > tin •© a C C C• C f[5 c 01 +� = U W a) X L) C a--+ o• c►'l d� Q U v© n3 E ��71 °- 61)- 8 L Q C Q L 0© C +, fp Q T3 C Cl) C U {1) CO C C L •cn Q .tU 0 fa iU •- (..) ci a f6 v C Q( cn W Q) m Z3 C _cc + 03 2] . t E(LI +, [Ci ' in W } = Waa oN QL +-a Cu CO LCD (clA ;r13 X a) —1 Cii a) g E c., -' Ugf) 7. N Cp C a) C = O L` tui ffi 61 CDCOu ai••c `v'5° ,cc °)OCEE CD u+' -w ? = L+-�.- CT U L L f0 U^ U N CC a) E C d q) © i_ ro CLu O ao co � -C cn al u Q c W ra-c ra u 5 � > W CO 4'� a L D -123CtA N L j Q L �--r c _ i/} Q no C f] } f0 .c Li } uri Q . a u #cu. �` Q s.. 1 Q 4.-. �`-' — c, C ' 0) �. a1) Q.) tiA 0 `5 +,E - -b.O s - s- 0)C CU L +, a L 0 Q if) 7- _ d — Q} E fti to U+„ U E C t}.0 wa cv"'ai- wad QQ.°oS- > ,— C +J u cn cn >, � CO 7- C ' 0 U t1,i <+.0 U �• 1 • V) C Q ' u 4-, � 4- ' in " L 0) _0 fL E Q] L Q U CO L = U Q Q Q Q ,2 4--1 Q Q) Q_ 2 Q V) o 0 < 0-U.— u LD N 06 cri 6 0. ta0-0 4-, . u iJ7 -0 y_ C a +.2X +, 0 •O a) (0 a VI Ili aN+ L OAC -0 a CD 14:C a Ca *',rE Ca7 CO " C c▪ ) - D C ° CG CO {U a-0 -0 L qC) S.. CO Ci D C a) O • c u V ro IA CU C a1 ` C. tm J •x to Q u "a co..o a aai0 ula �-3c0 L a - '- '41'- -C0- 4-0 o u °ua -a 4-, C 0 -CS -0+, - O =,a 7a•C �L a C a w u vaiu a �A-,�:= C . ro "a Q 0- ❑ C Q .5 QQ - a a CO CG (1) D V) 0 C CD Ts_ L=a-, 75 Cr 0,1 CU 0 C . C Q C V) C,� D ❑ +-, a3 a Ll.l c U _C +-+ [n -a E ..0 t 4- • L `�++ co 0) a+ ,}I 117 ❑ -0 C ./J -C L a4-, L s. "} 0 q) p_In< p" - as _ CU .i..• O C a 0"Q 3 a> a© C a - ([j L ❑ l- v114.C U dal C a C �_ U flo (p s❑ r D a -p C7 a s `-'1°- `-'Co Q F CL — +; a vs 0- 4• a a= a a C d C N .0 u .- ‹ 'co a CU _C (13 Q = 0) =+ Q= 1— am H 1,..'novl < C Oa a � L co as C4-., v ❑ 03 E 0 4-1 • O �Q+ Cr rC s_ C L L C 4- u C N cc 17)O.} a 4.4 • O C Q C lap V) •a CU CO CV C • to acvi aaa. 0 s ra Q • E co i• � a a ill i- X CU a CU • Q CL) • i a 7 -a a _c aaLel e/' 7.0 a L a ID L ▪ {� ' E ry a ❑ d L • L Q • r4a� [] a ❑ ur_ < C r° S Q EL 0. - • • • • Other Key Topics a E Q1 - 7 - — a) a cn -C 'CU ._ 4-1 SSL • 1 Id 4w1 to ro in co ai▪ l 0 .,L. Hyl A 7 ro CU C v7 ,y, > +▪ -1 73 ¢ b�0 E Li -Li a- a �r-{ .0 -E Q t--1 C L rD CD v X U p C 0 E CU (Li3 CU Z3 gm C ▪ E CU cc p . ate--+ z a 0_ -0 U (14— t] 4-' C C 0- tan •— GSA p_ 0 , C Z3 0 CU ,C C U E ro v) v- cin 0 co co -o 0 .c 0 vi LA C CU L p © – a -0 i a Z3 U i Q C a) UL) Q— +, p ��'— R3 � f(i QU) ro L v� ▪ kw L 4 '47.: � 7:3 u O i '5 .'C 4—' U R3 (U -0 co in u CU Q) v, C] ,�- , (0 v v? CO rB 0 v a-+ Q E CU ti 2 a� (U "l3 C �' CU (0 CU p L — 73 Q U 4) +-' U in +a C – +_▪ + E C p C U . a cn 1/1 L CZ Q CU 0 -- CO • -I caC U zLapcS). L. • co c CO –0C Ea 4- 4 -J C v CLa� u cou o— -0 a pmt7,.: (0� +� t el x'03 to - �'2, -a>-- 2a 2 392 C] E v) ▪ +-r= U L U U -a OCU u7 p U -o 9 • • 1 • CU Q 0) : CD vs.'r� L rs >- w• c r a 73 ra v, 0 C�� f0 0 c� C 0_ C c 0 — in m -O o .-.1 • LJ = 0 °J c +' "3 a a Q v as L cp +, U .i-- 4-' 0. ro c o U aro eV _c a CU x cu L T, -p a "�' O E C C L.) -0 '=+' > --p - ro ❑ a C +, ro f0 C L D 0 h C U 0 C L L 'N = OS ro L C -0 -0 ro ro T3 u COs- 0 i s 0to C O' C L oi t3 aA CSA c0 O 0 H CU C fli > O • � C i C C CI `- c C O +, a) cn 0 (0 C a r° tri .5/5O CIS 8) O OS C +, C ;_ ro o L a C a a-, O_.Y a"' L CLi [) L 0) _ T3 r0 C �} C] s` v, L U 0 E '. c r`�'ri Z3 0 E O a C V) 0 [U a) © CUL CU cos c0 - +a ' 0i r..o CU :'n .C3 � ',C 4-•' Q r�I! Cly �a C�+��Q Oa a.'c `o0 a� btu) �••� L �~ � if L v � � � � 0 c0>7 c � >.OD C O rv' 0. '7 c.O L rd to f0+.' r0 'a c C c3E +,,rv>.+, a> CU .1 >.•C -0•a =O aE =circ• © -0L 0— 'j U 0S Ql Q _ CO �w O r'0 O > D i L .1 CO i ro a L CO �" CU '0 +, N t O C u� _7 -0 13 OBJ o) O as R]. 4-1 CO +�, ry i OS C +, 2 L CSN Cls fD U 0) = 0. 7,u v.�+.,aco 03a �C �a a 001 > C = 7 u7 0i CU S 4-' a E U O- O 7 y a'- D0) [0s +C 4-''f`3 a.L C7 < o c L CO � 0 v L 1— O o a ¢ 0a 03 0U 0. -0 (r) T3 , v 0) • C rll C s = t cc �, a) CO CD c0 Z7 4i 0) C -C 0 1— c- I— � ry C US C L Q oS 0) vs c`Ti a ,H V .,-1 +n C 41 u c U 4-' LE 1 %7 C .4' = a = = c L1 Cull (II .Q � a 0i 4'� N '�' N 0 C ©`L 0 D .Q Oi �� 0. n C �--' C :*_' rl) �_' 'C +-' "U a- ts L c co O .p L • ro a) ro cls a CU C] CU .+' C f[5 C 0) 0 CU L % C - VS -0 ' U1 «C C0 0) 0 L 0 +' - •- H +, 1—'- ro C[ } I- C s- U lcr) U N L) 1- r11 I- C 13j. - a ro c -- ry C c r' ar +-. u = � t c +, +, w +, ri H ni a U o r ti `cn d: wi Q � c N a 3 CUCD • € ro co Q 4- V1 4-- O yr i.4.Jc Li -)Q 0 u Q) 1, — °° sri cU CU To .0 3 o +.,a, a)_ .s v -E c0 N li: trs C Q) vs 4 r14' C L L E Rf.474 O T3 o. U L Ea. 3 a) c v a) o N C a) I- 7 N O -P N ' C ':> .0 3 •C 4..,(11 Q) -tea) co t7) a) t_ _o. -,t, [I D4- 8 - ro a � D 0 a) 7 492 o4- 0.`� C- N C2 O 0 to .— a) C s E T, as to a) E - v) to ` C co C 'C L u ,5 0 N A In Ct. m /A CO C _c L? L7 C ro L Cs - sy U N L } r0 ,-c - a COO tea) C °° L) N Q) WL7 Y {p . - _ c -C CD yai N 1.? C▪ } [n t3) > - 4-c > u .0 CJ ' a LesQ_ _Q .t" ru a ISA L-, C t� a) c c 16 0. .0 f6 4--i tro /1 C to co 0 ii c c _C w O CU ▪ .1.., RS 0 LT:CC C 1- - E H (13 ru t ions, the application is in general conformance with the 2030 Comprehensive ac.) usc E Q • a E u -_ zs -0;.= w M 'i RS ni 3 i a) t113L�]w a) s_ c4,y C -c rtw u cu to IV 0 0 ra LA E • 7 CD =IA Tu c • 4-1• o 4, c -c 03 a) +a M t, RI 4- Cr W• E v L p VI i N II) • � a] qq ++ ty 8SA Q, a) i C 8113 O • .- 'p- L)+,, �y =� y• t•aa)0o. ❑.0) CLai 0.4) t ▪ , 0 • 0 0 Q ,_ asit to11 L Y E� E- 4- .-. • 8139 O a) CLS Qo V 4.6 @ Q • O ' Cu X 0- c ▪ _ — -0 Li -1 4l (0d rocc�oc c m aACC c4°ra0E C 'CC Q •5 a+ i7. co Ln7 rnd I. • ++ a C ) :5 J -4-+a) ,. 3 W C-0Q.• a) 40 Q 0 ms to Q }• moi • _ ��, ..1.7,C '5tVnD�Ey_ 00 • Ls 72 aa))▪ O`Q N a7 t u +. '� 3 a} c- rr. ©,p mi3 3.5 co s raE 0. -a)0a+ .0 4- x r a) 0.= ar H d w /-10 C0 4' 0 15 IJ. 1fl .0 cn -1113 0_ o o 4, CCTV 0 0 L U C V) 0 5- o o W E cu E U cn CL C 44- U OE E coco and #10 as they have already been 0 0 LJ0 o CU cu L1 Editing of Condition #11 to read as follows: cam•47'° U .-_4- ,1 CuQ v) D +I -+ Q �, D Rf — C Cif`•v D C cn 0 vn U .- E j c x>'Pi) c>v� cu Eo —• >' DL L • 0-E E a©• `�°�a L W., -o L 0_ cu a c Cl) -0•- � .=C D C2 Cu —I cu > - CL -O D 0 0 0 to a �--+ 0 o 0_ Z Vi fL3 1 (13 to E o E`E o O oo 4- 0 -o co 0 [Y] in ,11-J t+i C O N 0 Q) '•Z 'i 0 -- u #- O -o us o_ •• 4 01 -O ° Q 0 .,.., Q c u E c E L a›- w o XQ,cx °' © -c v 0 Ovva c __ "'� � • v C-C).sZ) 1-0 CO Q O0 CO S t C L. QJ 0 N a)4s t3 0) +6 ❑- a �O 0 C _0 - Q 4 N 0 ..Q CO CL) -0 0 C .O tr, MS C 0. 0 Cm Q v 0 q 0 a o C°' � a v E0 acv p a,O• E' mooOu ° 1::i v t t3 4-J0a C 1 *'ta 0 tiro -moo . CT) s��© (IT) = 4_, -0 cc .-........ c, 0 Ca v0 y'aa c'° -t Q)tri z � vim' C� 0 a `v-0 -Z L. a }' x p '� Cs 0 v> u_c 4-_,, a o •-- z —0 0_573- -0+4 moa n� `0a Qua) ry MI CU c O p � , 0 1- 0 1- rry U L � 'u r -I N O •S] Cs VI 0 j -C - L 4a 0 0 ZLi C E '2 c/i v Z 0d Q) 0 c 'i C 4J t. E u �7 � •.� 0 O v �s L C 0 C.J ::i= Q`S IQa 0 D `D o-DQ00�D,EE- e'E v' .Lsc cu40,�;0 tT ..,0 LS• ai fi pQj �� "p v9 E ivy vi c+'1 0 C ,CJ 4�, 0 D D •`� OCu O ti�v . -Ei ' Ea00 �":o 0Q,, -z0.a0 D O v) a. , C3 O 6' L n1 cry v 1.-- (:30 0 Q] 10 d .N c.i LI 10 �� a O, C cry v O D k 0 9 C v C3 "Z carr >... C C +�.� '0 Cu C - --- C3 D 0 C D D'1=2- E Z C) D a DQoE CU V tz C O C D v U. U a 0 0� CD33 VI 0 v o ,,C E cu 0 D 010 o 0` 0 Si L_ _ C3 4 uy LL " otL. 00c o vv 0 4JyD v 0-4© a,E 0 471 £l A Os 0 v i C •-- 4-r v D +-..+ w ---- VI VI Li 5, Co p Ql�� t0,-'cii"3 0'0L. 0 E c1 ' 0E L CSD -�15 a.�v� 0 v v 0 Ou v +, v 0 `o can ,tir Z U 0 C D .0 cLJ °1320 0 • 01 n,`' .i00 VavVv.00Zl---Z00.c a Lry � -Z Q.JI ❑ 0 0 C��U ❑ ° DS 0-Z 4'lCD7 0 C 0 D a QJ QJ .1N t7 cr) v 'D c.-1s..`p •a v - t v --.J •- D C - °D Z00-D00Zz 0 °0' 0) qac QJ 01 z C D CU • D 0v L. . 0 0, .4..t v LEI D D7. C v C `Le) D �o D to C C asDoLsi+� • 0~ C) 1.01 0 y v D vim= cu 16-3 C. ;:n 0 .0 ► D Q C r Q � �-' Q .1 0 Lai LO E o E 0 U 0 coO co Di -0 L CU R -c a z E z v aZ v ;vim �las ° 'd, .:-.1c3 m CI E + s v , Cu � x.0"3 v Cas .5--13 4 0 CI) -o C aQ.) p- ,C -Z v v u Cu v - , as z QJ 0 Ci CI C L ❑ U Qs U] C v 13 ,a Q./ 4t) *�-+ +"C, CU 'ry vi Z ❑ C L O _C �' ~ 0.r C] C] E L cu C C ;F .L. d C C 4_7. +., L >, 0 C R 0 CU. 13 +.,� Qa 0 „� ate- oZ E 'vis -C . t..., U,-0 9.� p -C E a Q z r.;eL �. �- rel C L. `~ �0� •1 4 Na �a O -- a C a� CU O C Q v C C ci C C CU a L' �- Ct. a as to Lm `- D a tz o -C ‘1,_ V 0.s '13 Cs -t3 ' C 0 a E 0 Q C SLC v-' 'cat3C 00 ,n .4:1 64 CCC /°'�'N ala y • L 4Q `C 2-2 .1.-) -z r3 s. ^p L 0 C0 L H QJ Oa�a 13 QJ v,cv ©map �iZ1 Q-, ,-• C •— .0 a. v ,,,}-'a Q.' a 0 u Cu '11a a L Q.) im, a ›• +., F as Qs C .0 QJ �CCSC �.c vE CLvZE ,� u z 0 a s E V z` uu t3 -� L Q Q) C. v F- C� ti • reld County Flood Plain regulations is required for development on CU s 0c7 - N Q c s�Lc+,0 moo- C �- -�_aev ��E'crv❑ -aCJ 0 CU — >�a°L _CD - L a.a Cr •0_ co .S 2 ctij • -c; L ▪ CU> C a L Li a-.' �, �- - *, n [t3 asap _°E�cL CCVcun_x . 11 0-0 cu � v,ro,Eaav��>N❑°ry❑v °c'5�oto o-octai••_ L N L v VI C u[iL CCI N .vQ EL.j 4.-1 VY U L ki- CU — alt C MI el �+Oa 9 d U © ❑ C fay Q73 C U C (� u vi 73 C ❑ �- JI V C -�= CO d-•+ Q L Q a Q fC 431 ❑ C vC.. v 0L U E u) }, too Q °''7E 0 - CD c�a' -C IP ❑ 73 co x n 1 tea.) 0 -a p -" +-+ C C W ers +� 4J a ❑ +� ❑ CD CO a a© "L. C v Q • v) u ▪ �, v N - a4- - U c L'7 -Q o �CD � � �o 1 � C�E(a.❑ Q❑ g a- a1 L rLp a -vp a v L ra E6c c=>co❑ E�ts� c, � °L-' ..— _ • co a, c � O a -a s,aro— a -a -C ❑v _-0 v ..0 E+, 2.2 _0 nam r<3 — • �, to ax - - 4..' o L- C _c Q.)_C LIO c ra❑roro °1ot212-0%C- a CU E a)a) Lr) - > c u 2 © va•,_0_C rill) 1 s2 L C 4 -' L Q• ❑ — 4' = Q ria li)_ E �, �'.� o}, 0 be = ra ( ❑ as '❑xuLI te0.s.,c ail _Q.cr'A. '. ❑-00-0 ®CDL vIA LU 1:41-C v �-u, 7.;•7,cc `�<❑'c❑- E�'L �. -CI Q cro a�= ©va.s+�cQ°_c dLQ E(:) '6+- Q 0❑❑ QU+,QnvU rri C 4J 0 C Cd l -n Q (r1 CO L CU c E o ro� V o V 0 co 1 + ra • = 47 -o C▪ O d S — A = - DI E ° Ja 0 +▪ � roc O a N - Q M al • r▪ o u�w C 0 p S. C . ▪ s , C .0 a� °- ° c *' CU ro t c� —c °C acs �• a -C3 sa � � Ec �a rbc �� O c-0 a °' ° 0< r c *� CO 4) ® ▪ n6 7 +r 07. +, C L-0-0 u UD G a 1- -0 C • 4-1 Li U C p Q •- a 7•'5 Qip i C1.1C 41 Qra r0• — 0 a �5 �' �w s] 0.4-• ry gi sr Lr—° aN 41 N_ 4- L ": III a j tr 0. •Qc—Q -av o L.) Le) in 0 ° G O •, -a=4.' C a s- V C. -z° S Ln 12) n5 1:3 (13v 15 E [o a 0 C C r-+ d cu vi0' C U u1 rG Q U C} y10 ro to U 4'' To a '} s N Ri a.0 i O ro V.0 C b Od}O Q R7 C.4) CO — 41 C L 'a- 4'' CO + — LU a. a E ro C3. C • co VI 4-# Q <O.a C_ C •W.� - i✓ — C 41 a a " E 12-.rls °iv, its ro O r4 C. S C u a. a"o co C 4- t ,.,1— co " 4-.C u C Z3 Q a' to 4F,C) O Lel 41 C - O +4' a) �C L E C r +-o C N Q a4-- m E g 0.1 ° a ° C CSA =a a'=S! _c. , da }' C rn C • .0 4J C u 'i-' }'to co © G C a a E a 'E 0 r -I a E C 41 ++ 0 a 7 >• 41 .0 vi ,_,_, •rieL C.a a CO C �` ▪ C 4-0 4- co +-0 a Ec to Z a -0 - ° a- p_ v) L - u +_, its a a- a C m a �a °,'- wo in U v m U co i o) N cn L O.,ro cn v _ G v y u- X y 0. ' COC 'ate C 6. `� ret c ,_ a � .E 4c- C7 L.) C'cn C-2 +C+ 7•C a,'�I 2 � �6 ▪ Q a Q •Q a 0 ° i a E w ° i ti o ro +L-+ Hs0act C] 1-4x1,1 O. nai 1- LI 0.t";0 U N c 0 OC c co 'c-+ 3Vo § (13 o_ D 1 Supplement Garfield County Building & Planning Department Minor (2 Lot) Exemption Application Application for Subdivision of: Assessor Parcel 24934200108 318 300 County Road Parachute, Colorado 81635 EXHIBIT s •A Exemption Lot: 10.5 acre parcel to be created out of 196 acre Parent Parcel Owners: Rodney C. Power, William R. Patterson, Ronald E. Tipping, Marie E. Tipping Supplement Re: How lack of water and sewer will be addressed in Plat and Deed The Parcel being subdivided is not suitable for a home or an office in that the surface of the parcel is taken up with compressors, meter stations and other commercial -type structures and there are several pipelines that cross under the parcel. The parcel is surrounded by other commercial activity and enterprises. The oil and gas commercial activity associated with the parcel is long term, if not permanent and the equipment installed on and under the Parcel is permanent in nature. The plat for the proposed subdi 1111 NUr rP'V" I4C" c i E Ohl LPIC I6hL 'H! 11 11 1 Recept►on#: 758031 1013112008 02:4$.31 PM Jean Aibsrico i of 0 Rec Fee -$41.0O Doc Fee:0,00 GARFIELD COUNTY CO RIGHT-OF-WAY AGREEMENT KNOW ALL MEN BY THESE PRESENTS THAT William R. Patterson, Rodney C. Power, Ronald E. Tipping and Marie E. Tipping (collectively, "Grantor"). whose address is P.O. Box 1329 Grand Junction, CO 81502 hereinafter referred to as Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) AND OTHER CONSIDERATIONS, the receipt and sufficiency of which is hereby acknowledged, hereby grant unto EnCana Oil & Gas (USA) Inc., 370 17th Street, Suite 1700, Denver, CO 80202, hereinafter referred to as Grantee, its successors and assigns, a right-of-way and easement ("Easement") for the purpose of using the existing road as well as locating, surveying, constructing, maintaining, repairing and replacing a road along the line shown and described on Exhibit A, attached hereto and by this reference made a part hereof (the "Centerline"). The Easement shall be a non-exclusive easement Fifty (50) feet in width, being twenty-five (25) feet on either side of the Centerline. The Easement shall be used solely for ingress to and egress from the following described real property (the "Property"): See Exhibit B, attached hereto and by this reference made a part hereof, During construction, maintenance, repair, removal or replacement of the road constructed on the Easement, Grantee may use such portion of Grantor's land along and adjacent to the Easement as may be reasonably necessary in connection with construction, maintenance, repair, removal or replacement of the road; provided that upon completion of such work Grantee shall restore Grantor's adjacent land to the condition that existed prior to undertaking the work. The Easement is granted to Grantee in connection with a certain Contract to Buy and Seller Real Estate between the Grantor and Grantee dated concurrently herewith (the "Purchase Contract"). Pursuant to the Purchase Contract, the Grantor and Grantee have entered into a Surface Lease for the Property of even date herewith pending the closing of the conveyance of the Property to Grantee. If the Property is conveyed to Grantee pursuant to the Purchase Contract, the Surface Lease will terminate and the Easement and the rights of Grantee under this Agreement shall be permanent. If the Purchase Contract is terminated and the Property is not conveyed to Grantee pursuant to the Purchase Agreement, then the Surface Lease will remain in effect according to its terms, and the Easement and the rights of Grantee under this Agreement shall terminate upon the expiration or termination of the Surface Lease Agreement. The Easement shall be appurtenant to the Property and shall be binding upon Grantor and their heirs, legal representatives and successors in title. Grantee may at any time, and upon permanent abandonment or termination of the Easement shall, execute and record a reconveyance and release hereof, whereupon Easement and all rights and privileges herein granted shall be fully canceled and terminated. Upon such termination, Grantee shall have a period of one hundred eighty (180) days to remove any equipment on the Property in connection with the Easement. Grantor reserves the right to the use and enjoyment of the Property to the extent such use does not unreasonably interfere with the purposes of the Easement, but such use shall not hinder, 1111 VAT 141716,!i4iiiiiii1i 9h1 N 11111 Reception#: 758031 10/31(2008 02.43;31 PM Joan Rlberico 2 of 0 Roc Fee:S41.00 Doc Fee:0 00 GARFIELD COUNTY GO conflict or interfere with Grantee's surface or subsurface rights hereunder or disturb the road. Grantor agrees not to build, create, construct or permit to be built, created or constructed, any obstruction, building, lake, engineering works or other structure over or on the Easement. The Easement is granted to Grantee pursuant to this Agreement. Grantor makes no warranty of title express or implied, and the Easement is subject to any exceptions, reservations, easements, restrictions, rights of way, and other matters affecting title to the Property, either of record or apparent from an inspection of the Property. In the event of default by Grantor, Grantee shall have the right to discharge or redeem for Grantor, in whole or in part, any mortgage, tax or other lien on the Property and thereupon be subrogated to such lien and rights incident thereto. Effective date: September 4, 2008. IN WITNESS WHEREOF, Grantor and Grantee have executed this Right of Way Agreement effective as of the effective date set forth above. GRANTOR: PaYhyv--, William R. Patterson Rodney C. P y er Ronald E. Tipping Marie E. Tipping GRANTEE: ENCANA OIL & GAS (USA) INC. By: Name: Ricardo D. Gallegos Title: Attorney -in -Fact 2 1111 IMPALE reA11.11iLlIk.illliVlifivilinlii1614 11111 Reception#: 758031 10/31/2008 02:43:31 PM :lean A16erion 3 of 9 Rec Fee:S41 00 Doc Fee:0 00 GARFIELD COUNTY CO conflict or interfere with Grantee's surface or subsurface rights hereunder or disturb the road. Grantor agrees not to build, create, construct or permit to be built, created or constructed, any obstruction, building, lake, engineering works or other structure over or on the Easement. The Easement is granted to Grantee pursuant to this Agreement. Grantor makes no warranty of title express or implied, and the Easement is subject to any exceptions, reservations, easements, restrictions, rights of way, and other matters affecting title to the Property, either of record or apparent from an inspection of the Property. In the event of default by Grantor, Grantee shall have the right to discharge or redeem for Grantor, in whole or in part, any mortgage, tax or other lien on the Property and thereupon be subrogated to such lien and rights incident thereto. Effective date: September 4, 2008. IN WITNESS WHEREOF, Grantor and Grantee have executed this Right of Way Agreement effective as of the effective date set forth above. GRANTOR: William R. Patterson Rodney C. Power Ronald E. Tipping Marie E. Tipping GRANTEE: ENCANA OIL & GAS (USA) INC. svt. By: r/ Name: Ricardo D. iegos Title: Attorney -in -Fact 2 111I! fi rdIE,i LIMILEil IiithelaruvalraVaiiik 11111 Reeept ion#t: 758031 10/31/2008 02:43:31 PM Jean PlOarico 4 of B Rec Fee,$41.00 Doc Fee 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) ) CITY AND COUNTY OF DENVER) The foregoing instrument was acknowledged before me this day of September, 2008, by Ricardo D. Gallegos, Attorney-in-fact for EnCana Oil & Gas (USA) Inc. ar above -nen. • My Commission 4 ) mY p rv-} EREOF I have hereunto set my hand and affixed my notary seal the day and IQ ( Notary Public in and for The State of Colorado The foregoing instrument was acknowledged before me this day of September, 2008, by William R. Patterson. IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year above written. My Commission Expires: STATE OF COLORADO ) ) COUNTY OF ) Notary Public in and for The State of Colorado The foregoing instrument was acknowledged before me this day of September, 2008, by Rodney C. Power. IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year above written. My Commission Expires: Notary Public in and for The State of Colorado 3 ■II! 100 I WW6re #011 1:I11AWh 11III Reception#: 758031 1013112008 0243,31 PM Jean Rlberico 5 of 0 Rea Fee.S41.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO ) CITY AND COUNTY OF DENVER) The foregoing instrument was acknowledged before me this day of September, 2008, by Ricardo D. Gallegos, Attorney-in-fact for EnCana Oil & Gas (USA) Inc. IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year above written. My Comrnission Expires: STATE OF COLORADO COUNTY OF Nc ) )) Notary Public in and for The State of Colorado The foregoing instrument was acknowledged before me this qty day of September, 2008, by William R. Patterson. IN WITNESS WHEREOF I have hereunto set my hand and affixed my notary seal the day and year above written. t..eic Expires: 1 RADO ) ) ) 4/0 .�7ir-414-. _ts.. Notary Public "` nd The State of Colorado The foregoing instrument was acknowledged before me this day of September, 2008, by Rodney C. Power. IN WITNESS WHEREOF 1 have hereunto set my hand and affixed my notary seal the day and year above written. MpSo4 reit cion Expires:) -v9b -optl The State of Colorado 3 1111 111,? l4,{ F0110,11 H11114:111 Reception#: 758031 1013112008 02:43:31 P11 Joan Rlbsrice 6 of 8 Rec Fee:$41.00 Doc Fee•O 00 GA F1ELD COUNTY CO STATE OF COLORADO COUNTY OF �_.. ) ) ) The foregoing instrument was acknowledged before me this c1.4., day of September, 2008 by R ipping. Okm EREOF I have hereunto set my hand and affixed my notary seal the day and ggas,�m Expires: 1- gip n,rn * STATE OF COLORADO COUNTY OF ) ) ) j,.0 Notary Public .1.P• d `+ The State of Colorado The foregoing instrument was acknowledged before me this ' day of September, 2008, by Marie E. Tipping. IN WITNESS WHEREOF 1 have hereunto set my hand and affixed my notary seal the day and year above written. RI sI n Expires: -‘24,-peoci - I *VA ftk c,.: ■, 0 81..►G 0 1• 1 tr: • Notary Public in an for The State of Colorado 4 ■III FAT Wilk Mt 11111 Reception#: 758031 10,3112008 02:43.31 Pit Joan Rlberloo 7 of B Rec Fee:441.00 Dec Fee O.00 GPRFIELO COUNTY CO • r r • r •rr • r . r r r r r • • • Ow111107 Strong • Section fee '3o1, 2595./2' - 8r38SU" E, 1530.29` AG 6775'10" 4 179.75' 6r25'10. £, 3156' Q NFR TEF MITT. THE PUNT OF 8E07JNING BEANS 5 1S-45110- W, 103.79 FEET FROM. THE NORTHIIEST CORNER OF SECTION 34. T75, R96W LEGAL DESCRIPTION Dunt. typing Eta I An assenberbf for access purposes located h the NEI/4 NE 114 of SeCtlol't 33, and the NW1/4 of Section 34, T7S, MOW, 6th P.AA., Gartald County. Colorado, said easement being woo fret wide, 25.00 feat on each skirt of the Io8o *rg described centerline: Commencing at the Nortmerit Cleaner of said Section 34 and nrhn% thence S 15 .teen W, 103.79 feet b the PONT OF MOWING, said point 6,.ing on the of County Roed 300; thence N 877510" a 33.58 !feet, mom or teas, to the easterly rtgt#taNway One r r c ounly Road 300 and the Wast One of said Section 34; thence continuing N 67'2610' E, 179.45 feet thence N 87'380" E, 1530.29 feet io the POINT OF ENDING of said easement said point firing S 88.0248' W, 898.16 feet fmm the North 1/4 of said Section 34. The base bearing for Mks airway being N 87'38'30' E, 2596.72 feet between t used monuments at the Northwest comer and North 1/4 Comer of said Section 34. CLIENT: EnCana Oil & Gas (USA) Inc. AS SHOWN 7/31/08 R'VEYEO BY: •�$VR CRAW BY: CJT 00914 war Pae 000 Orchard UM Otinerierot Ste Ora.. Tipping Etol i D. Rana /A CrY114e SEC NW 3, tau a. Ai V/. CAP OWER TIE NOTE: THE PONT Or END11tC BEARS s 86‘32'48"K MI6 FEET FROM THE NORTH 1/4 CORNER OF sECT1oN 51. i7s. Ross. LEGEND PUBLIC LAND SURVEY CORNER © ANGLE POINT F.Q.B. POINT OF BEGINNING P.O.E. POINT OF ENDING P.0.5.L. POINT ON SECTION LINE CERTIFICATE OF SURVEYOR t Ted Taggart of Fmita, Colorado hereby certify that this map rias made from notes taken during an aeival survey made by me or under my direction for EnCana 017 & Gas (USA) inc. and that the results of witch are correctly shown hereon. DESCRIPTION: ACCESS EASEMENT EXHIBIT SECTIONS 33 & 34, T7S, R96W. GARFIELD COUNTY, COLORADO DATE DRAWN: 7/25/08 WASATCH SURVEYING ASSOCIATES 906 MAIN STREET. EVANSTON, WY 82930 (307) 789-4545 PROJECT NUMBER: 07-04-24 EXFi1Bl('A SHEET 1 of 1 1111 Matirk111110'1, Iv 11111 Receptionk: 758031 10/31/2909 02.43:31 PM Jean Alberico e of a Roc Fee:$.1.00 Dom Fee -0.00 GARFIELD COUNTY CO EXHIBIT B Attached to that Certain Right -of -Way Agreement by and among William R. Patterson, Rodney C. Power, Ronald E Tipping and Marie E. Tipping, as grantor, to EnCana Oil & Gas (USA) Inc., as grantee A tract of land located in the SWI/4 of Section 27, T7S, R96W, 6`" P.M., Garfield County, Colorado, being more particularly described as follows: Commencing at the Southwest Corner of said Section 27 and running thence N 87°38'30" E, 1297.70 feet along the South line of said Section to the POINT OF BEGINNING: thence N 03°04'35" W, 1025.62 feet; thence N 53040'03" E, 478.20 feet; thence 5 03°04'55" E, 1292.87 feet to the South line of said Section; thence S 87°38'30" W, 400.04 feet along the South line thereof to the POINT OF BEGINNING. Containing 10.64 acres more or less. 6 encana EXHIBIT Encana ail & Gas (USA) Inc. Integrated Vegetation and Noxious Weed Management Plan Orchard Compressor Station December, 2012 Introduction County: Garfield City: West Parachute Township(s)/ Range(s)/ Section(s): Section 27, R96W, T7S ^- 400 ft. Disturbance Width: Disturbance Length: —1,293 ft. (Includes both Red Boundaries depicted in Weed Site Map) Approximate Acreage of disturbance: 10.747 acres Site Maps: Attachment 1A: Weed Site Map & Attachment 1 B: Lot 1 Exemption Map Land Ownership: Tipping Site inspection and Survey Date of Inspection: 11/13/12 Name of Inspector: Romana Sutton, Environmental Consultant Soil Type(s): 100% Arvada loam, 1 to 6 percent slopes (See Attachment 2: Orchard Compressor Station Soil Report) Description of Existing Vegetation (Appendix 1): Sagebrush Shrublands - See Appendix 1 for a description of species that would exist in the absence of development. Due to high traffic, industrial nature of this site, little to no vegetation exists Existing Vegetation Comprehensive Plant List Common Name Scientific Name NA NA Existing Weed Species (See Appendix 2 for State Priority Listing, Attachment 3 for Site Photos): Common Name Scientific Name State Weed List Downy Brome Kochia Bromus tectorum C NA Kochia scoparia Primary Land Use: Previously disturbed industrial area; current location of Orchard Compressor Station. Bareground management Topsoil Handling All efforts shall be made during active construction of proposed facilities to preserve the physical structure, mineral composition and biotic properties of the native topsoil. Top soil shall be reserved and stockpiled separately from subsoils. On access road and well pads, all accessible topsoil shall be removed from areas that are to be excavated, covered in subsoils, or turned into stabilized unpaved surfaces. On well pads, if the initial topsoil stockpile areas are insufficient to accommodate the quantities of topsoil being generated, the excess shall be placed at either end of the subsoil stockpile and segregated as much as possible. On buried pipeline rights-of-way, all accessible topsoil (from the entire width of the right-of-way) shall be removed and temporarily stockpiled along the up -hill side of the right-of-way (if terrain grades will allow) for later use in reclamation activities. After major earthwork, grading, and erosion/drainage/sediment controls are complete, any areas that can be identified for immediate interim. reclamation shall receive topsoil. On access roads, the topsoil is to be windrowed on the access road side of the vegetation windrow. After final grade has been established and/or pipeline installation is complete and final grade has been established the topsoil shall be dispersed on the fill slope of the access road for immediate interim reclamation. Revegetation It is proposed that disturbed areas will be reseeded using a seed mix similar to that provided in Attachment 3: Seed Tags. This mix has been utilized in adjacent areas. Seed will preferably be applied by drill -seeding at an application rate of approximately 24.8 lbs per acre. If applied by broadcast, this rate should be doubled. Stormwater, Run-off, Errosion Control Stormwater management and run-off control BMPs shall be implemented on this proposed site, as determined by the Colorado Department of Public Health and Environment. has been maintained to prevent safety hazards, so little vegetation exists, Shows no sign of livestock or wildlife use. Additional Land This site is adjacent to very high use traffic zones (roads, Impacts: residential sites, industrial sites). Small portions of disturbance that lie outside of bareground boundaries which have been seeded continue to receive a high amount of traffic. Topsoil Handling All efforts shall be made during active construction of proposed facilities to preserve the physical structure, mineral composition and biotic properties of the native topsoil. Top soil shall be reserved and stockpiled separately from subsoils. On access road and well pads, all accessible topsoil shall be removed from areas that are to be excavated, covered in subsoils, or turned into stabilized unpaved surfaces. On well pads, if the initial topsoil stockpile areas are insufficient to accommodate the quantities of topsoil being generated, the excess shall be placed at either end of the subsoil stockpile and segregated as much as possible. On buried pipeline rights-of-way, all accessible topsoil (from the entire width of the right-of-way) shall be removed and temporarily stockpiled along the up -hill side of the right-of-way (if terrain grades will allow) for later use in reclamation activities. After major earthwork, grading, and erosion/drainage/sediment controls are complete, any areas that can be identified for immediate interim. reclamation shall receive topsoil. On access roads, the topsoil is to be windrowed on the access road side of the vegetation windrow. After final grade has been established and/or pipeline installation is complete and final grade has been established the topsoil shall be dispersed on the fill slope of the access road for immediate interim reclamation. Revegetation It is proposed that disturbed areas will be reseeded using a seed mix similar to that provided in Attachment 3: Seed Tags. This mix has been utilized in adjacent areas. Seed will preferably be applied by drill -seeding at an application rate of approximately 24.8 lbs per acre. If applied by broadcast, this rate should be doubled. Stormwater, Run-off, Errosion Control Stormwater management and run-off control BMPs shall be implemented on this proposed site, as determined by the Colorado Department of Public Health and Environment. Noxious Weed Management Pre -disturbance site preparation. Weed removal and/or control efforts will be implemented prior to site disturbance, as conditions allow. For this specific site, the following weed management efforts will be implemented for the weeds currently known to occupy the site: Common Name Scientific Name Treatment Method _ Timing of Application Downy brome Bromus tectorum Cultural At time of Reclamation Kochia (See Attachment 3) Kochia scoparia Chemical Pre -emergent bareground treatments in early spring Chemical/ Mechanical Post -emergent spot treatment throughout growing season Chemical controls will be applied in accordance to the consultation of a commercial pesticide applicator, licensed by the state of Colorado Department of Agriculture. Following completion of the proposed facility, this site will be monitored and treated as deemed appropriate, in accordance with the control level requirements determined in the Colorado Noxious Weed Act. Site Monitoring The proposed site will be visually monitored for surface erosion, run-off and stormwater management, as well as revegetation success and noxious weed encroachment. Visual monitoring will occur no Tess than every 30 days until 70% of the pre-existing vegetation cover is restored. Attachment 1: Site Map Attachment 3: Weed Photos Appendix 1: Ecotype Descriptions 1. Grasslands a. Plains Grasslands. Plains grasslands are dominated by a mixture of blue grama (Chondrosum gracile) and buffalograss (Buchloe dactyloides). Interspersed are occasional shrubs and bright flowered forbs, most of which are members of the pea and sunflower families. Taller grass species cover 10 to 25 percent of the ground of little -grazed, moist sites. Most are perennial bunch -grasses up to three feet tall. Needle -and -thread (Stipa comata), sand dropseed (Sporobolus cryptandrus), side -oats grama (Bouteloua curtipendula), western wheatgrass (Pascopyrum smithii), Junegrass (Koeleria macrantha), and red three -awn (Aristida purpurea) are other common species. Common forbs consist of prickly pear (Opuntia polyacantha), pasture sage (Artemisia frigida), and yucca (Yucca glauca). b. Mountain Grasslands and Meadows. Natural wet meadows and fens are dominated by moisture -loving species, primarily members of the sedge and rush families. Spike-rush (Eleocharis palustris), sedges, Canadian reedgrass (Calamagrostis canadensis), and tufted hairgrass (Deschampsia cespitosa) are common. Natural dry meadows are filled with members of the grass family. Bunchgrasses dominate at low elevations. Needle -and -thread, mountain muhly (Muhlenbergia montana), Junegrass, blue grama, and species of wheatgrass and bluegrass are common. Successional meadows contain a combination of weedy, introduced plants and plants typical of dry, rocky slopes, such as common dandelion (Taraxacum officinale), golden banner (Thermopsis divaricarpa), Colorado locoweed (Oxytropic sericea), mountain pussytoes (Antennaria parvifolia), showy daisies (Erigeron speciosus), stonecrop (Sedum lanceolatum), and some sedges (Carex ssp.). Mountain grasslands, where Thurber fescue (Festuca thurberi) and mountain muhly were once the dominant grasses, are now largely dominated by blue grama, Canada bluegrass (Poa compressa), foxtail barley (Critesion jubatum), and other species as a result of grazing. 2 Riparian Ecosystems a. Lowland Riparian Ecosystems. The lowland riparian ecosystem is dominated by the plains cottonwood (Populus deltoidea ssp. occidentalis), the valley cottonwood (Populus deltoidea ssp. wislizenii) and the peach -leaved willow (Salix amygdaloides). Common shrubs and herbaceous plants include snowberry (Symphoricarpos occidentalis), sandbar willow (Salix exigua), bulrush (Schoenoplectus lacustris), broad-leaved cat -tail (Typha latifolia), prairie cord -grass (Spartina pectinata), and western wheatgrass. b. Mountain Riparian Ecosystems. The mountain riparian ecosystem is dominated by quaking aspen (Populus tremuloides), lanceleaf cottonwood (Populus X acuminate), narrowleaf cottonwood (Populus angustifolia), and Colorado blue spruce (Picea pungens), Common shrubs include alder (Alnus incana), river birch (Betula fontinalis), chokecherry (Padus virginiana), common gooseberry (Ribes inerme), bush honeysuckle (Distegia involucrata), and mountain maple (Acer glabrum). The lush riparian herbaceous understory includes forbs, grasses, sedges, rushes, climbing vines, mosses, lichens, and liverworts, Weedy invaders are also common. 3. Shrublands. Shrub communities include semidesert shrublands found in dry lowlands, sagebrush shrublands that occupy a wide range of elevation from the Colorado Plateau to high mountain valleys, and montane shrublands other than sagebrush, characteristic of foothills and mountain regions. a. Semidesert Shrublands. Common shrubs include Great Basin big sagebrush (Seriphidium tridentatum), greasewood (Sarcobatus vermiculatus), rabbitbrush (Chrysothamnus), four -winged saltbush (Atriplex canescens), and shadscale (Atriplex confertifolia). Common grasses and forbs include galletagrass (Hilaria jamesii), blue grama, alkali sacaton (Sporobolus airoides), nodding eriogonum (Eriogonum cemuum), copper mallow (Sphaeralcea coccinea), and prince's plume (Stanleya pinnate). b. Sagebrush Shrublands. Common shrubs include Great Basin big sagebrush, mountain big sagebrush (Senphidium vaseyanum), rabbitbrush, and serviceberry (Amelanchier alnifolia). Common grasses and forbs include nodding eriogonum, copper mallow, and Indian Paintbrush (Castilleja spp.). c. Montane Shrublands. Common shrubs include mountain mahogany (Cercocarpus), Gamble oak (Quercus gambelii), rabbitbrush, serviceberry, and skunkbrush (Rhus aromatica). Common grasses and forbs include needle -and -thread, western wheatgrass, copper mallow, and Indian Paintbrush. 4. Pinyon -Juniper Woodlands. Pinyon -juniper woodlands consist of scattered Utah juniper interspersed with big sagebrush. Pinyon pine is a minor component. Several other shrub species also occur in this community, including snowberry, bitterbrush (Purshia tridentate), snakeweed (Gutierrezia sarothrae), and serviceberry. In general, the sparse herbaceous layer consists of graminoids such as cheatgrass (Anisanthe tectorum), Kentucky bluegrass (Poo pratensis), western wheatgrass, Indian ricegrass (Oryzopsis hymenoides), and squirreltail (Elymus elymoides). Forbs include Tracy's thistle (Cirsium tracyi), mariposa lily (Calochortus nuttallii), western wallflower (Erysirnum capitatum), tapertip onion (Allium acuminatum), yarrow (Achillea lanulosa), stemless four -nerve daisy (Tetraneuris acaulis), and sharpleaf twinpod (Physaria acutifolia). All of these are native species, except for cheatgrass (an invasive, non-native annual species) and Kentucky bluegrass (a widely naturalized non-native perennial species). 5. Montane Forests a. Ponderosa Pine Forests. These forests are dominated by the ponderosa pine (Pinus ponderosa) and the Rocky Mountain juniper (Savina scopulorum). Common shrubs and herbaceous plants include the wax currant (Ribes cereum), blue grama, side -oats grama, Junegrass, needle -and -thread, spike fescue (Leucopoa kingir), and sulphur flower (Eriogonum umbellatum). b. Douglas Fir Forests. These forests are dominated by the Douglas fir (Pseudotsuga menziesii). Common shrubs and herbaceous plants include common juniper (Juniperus communis), kinnikinnik (Arctostaphylos), mountain maple (Acer glabrum), mountain lover (Paxistima myrsinites), heart - leaved arnica (Arnica cordifolia), and false Solomon's seal (Maianthemum spp-) c. Aspen forests. Quaking aspen generally occur on north -facing slopes, and along drainage swales. The aspen forest generally has an understory of Wood's rose (Rosa woodsii), Colorado blue columbine (Aquilegia caerulea), showy daisy, Thurber fescue, white geranium (Geranium richardsonir), common lupine (Lupines argenteus), Fendler meadowrue (Thalictrum fendieri), and American vetch (Vicia americana). d. Lodgepole Pine Forests. These forests are dominated by the lodgepile pine (Pinus contorta). Common shrubs and herbaceous plants include broom huckleberry (Vaccinium scoparium), common juniper, kinnikinnik, sticky -laurel (Ceanothus velutinus), and heart -leaved arnica. 6. Subalpine Forests a. Engelmann Spruce and Subalpine Fir. Engelmann spruce (Picea engelmannii) and subalpine fir (Abies bifolia) trees are the dominant species in this type of forest, however lodgepole pine, aspen, and sedge -bluegrass have been known to invade in areas which have been severely burned. Understory growth is patchy and consists primarily of dense, low -growing blueberry (Vaccinium myrtillus) and broom huckleberry bushes. Moisture - loving shrubs and herbs such as broad-leaved arnica (Arnica latifolia) and heart -leaved arnica, Jacob's ladder (Polemonium pulcherrimum), curled Iousewort (Pedicularis racemosa), elk sedge (Carex geyen), and lesser wintergreen (Pyrola minor) are interspersed among the huckleberry. b. Limber and Bristlecone Pine Woodlands. Limber pine (Pinus flexilis) and bristlecone pine (Pinus aristata) trees are the only tree species that can invade this harsh ecosystem. Common species among the sparse understory consist of common juniper, kinnikinnik, sticky -laurel, Junegrass, stonecrop, Colorado locoweed, and whitlow -wort (Drabs spp.). Lichens cover exposed rock surfaces. 7. Alpine Tundra. Tundra vegetation consists of a low growth of shrubs, cushion plants, and small forbs with brilliantly colored flowers, and of lush meadows of narrow -leaved sedges and grasses. These plants cover gentle slopes and rock crevices filled with soil. Rock surfaces are partially covered with more primitive plants — lichens and mosses. Shrubs consist of arctic willow (Salix arctica), barrenground (Salix brachycarpa), planeleaf (Salix planifolia), and snow (Salix reticulate ssp. nivalis). Common grasses are alpine bluegrass (Poa arctica), tufted hairgrass (Deschampsia cespitosa), and kobresia (Kobresia myosuroides). The most common forbs are alpine avens (Acomastylis rossii), American bistort (Bistorta bistortoides), marsh marigold (Psychrophila leptosepala), old -man -on - the -mountain (Rydbergia grandiflora), moss pink (Silene acualis), rock selaginelia (Selaginella densa), and alpine sandwort (Lidia obtusiloba). All plant species are slow-growing perennials except for the rare annual koenigia, a tiny member of the buckwheat family. 8. Urban Areas. Urban areas contain an increased density of human -created structures in comparison to the areas surrounding it. Depending on the area, vegetation may account for anywhere between 20 and 70 percent of the total land cover, with the remaining portion being constructed materials. Types of vegetation within urban areas may be any combination of the above ecosystems, and may include areas of blue grass yards and parks. 9. Cropland. Cropland vegetation may consist of wheat, corn, soybeans, or a variety of many other crops. Cropland may either lie fallow (bare of any crops) or contain crops at any stage of growth from seedlings to mature plants. Appendix 2: Colorado Noxious Weed List List A species in Colorado that are designated by the Commissioner for eradication: African rue (Peganum harmala) Camelthorn (Alhagi pseudalhagi) Common crupina (Crupina vulgaris) Cypress spurge (Euphorbia cyparissias) Dyer's woad (Isatis tinctoria) Giant salvinia (Salvinia molesta) Hydriila (Hydrilla verticillata) Meadow knapweed (Centaurea pratensls) Mediterranean sage (Salvia aethiopis) Medusahead (Taeniatherum caput-medusae) Myrtle spurge (Euphorbia myrsinites) Orange hawkweed (Hieracium aurantiacum) Purple loosestrife (Lythrum salicaria) Rush skeletonweed (Chondrilla juncea) Sericea lespedeza (Lespedeza cuneata) Squarrose knapweed (Centaurea virgata) Tansy ragwort (Senecio jacobaea) Yellow starthistle (Centaurea solstitialis) List B weed species are species for which the Commissioner, in consultation with the state noxious weed advisory committee, local governments, and other interested parties, develops and implements state noxious weed management plans designed to stop the continued spread of these species: Absinth wormwood (Artemisia absinthium) Black henbane (Hyoscyamus niger) Bouncingbet (Saponaria officinalis) Buli thistle (Cirsium vulgare) Canada thistle (Cirsium arvense) Chinese clematis (Clematis orientalis) Common tansy (Tanacetum vulgare) Common teasel (Dipsacus fulionum) Corn chamomile (Anthemis arvensis) Cutleaf teasel (Dipsacus laciniatus) Dalmatian toadflax„ broad-leaved (Linaria dalmatica) Dalmatian toadflax, narrow-leaved (Linaria genistifolia) Dame's rocket (Hesperis matronalis) Diffuse knapweed (Centaurea diffuse) Eurasian watermilfoil (Myriophyllum spicatum) Hoary cress (Cardaria drabs) Houndstongue (Cynoglossum officinale) Leafy spurge (Euphorbia esula) Mayweed chamomile (Anthemis cotula) Moth mullein (Verbascum blattaria) Musk thistle (Carduus nutans) Oxeye daisy (Chrysanthemum leucanthemum) Perennial pepperweed (Lepidium latifolium) Plumeless thistle (Carduus acanthoides) Quackgrass (Elytrigia repens) Redstem filaree (Erodium cicutarium) Russian knapweed (Acroptilon repens) Russian-olive (Elaeagnus angustifolia) Salt cedar (Tamarix chinensis, T_parviflora, and T. ramosissima) Scentless chamomile (Matricaria perforate) Scotch thistle (Onopordum acanthium) Scotch thistle (Onopordum tauricum) Spotted knapweed (Centaurea maculosa) Spurred anode (Anode cristata) Sulfur cinquefoil (Potentilla recta) Venice mallow (Hibiscus trionum) Wild caraway (Carum carvi) Yellow nutsedge (Cyperus esculentus) Yellow toadflax (Linaria vulgaris) List C weed species are species for which the Commissioner, in consultation with the state noxious weed advisory committee, local governments, and other interested parties, will develop and implement state noxious weed management plans designed to support the efforts of local governing bodies to facilitate more effective integrated weed management on private and public lands. The goal of such plans will not be to stop the continued spread of these species but to provide additional education, research, and biological control resources to jurisdictions that choose to require management of List C species. Chicory (Cichorium intybus) Common burdock (Arctium minus) Common mullein (Verbascum thapsus) Common St. Johnswort (Hypericum perforatum) Downy brome (Bromus tectorum) Field bindweed (Convolvulus arvensis) Halogeton (Halogeton glomeratus) Johnsongrass (Sorghum halepense) Jointed goatgrass (Aegilops cylindrica) Perennial sowthistle (Sonchus arvensis) Poison hemlock (Conium maculatum) Puncturevine (Tribulus terrestris) Velvetleaf (Abutilon theophrasti) Wild proso millet (Panicum miliaceum) USDA United States Department of Agriculture 4 \RCS Natural Resources Conservation Service A product of the National Cooperative Soil Survey, a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local participants Custom Soil Resource Report for Rifle Area, Colorado, Parts of Garfield and Mesa Counties Orchard Compressor Station December 7, 2012 Preface Soil surveys contain information that affects land use planning in survey areas. They highlight soil limitations that affect various land uses and provide information about the properties of the soils in the survey areas. Soil surveys are designed for many different users, including farmers, ranchers, foresters, agronomists, urban planners, community officials, engineers, developers, builders, and home buyers. Also, conservationists, teachers. students, and specialists in recreation, waste disposal, and pollution control can use the surveys to help them understand, protect, or enhance the environment. Various land use regulations of Federal, State, and local governments may impose special restrictions on land use or land treatment. Soil surveys identify soil properties that are used in making various land use or land treatment decisions. The information is intended to help the land users identify and reduce the effects of soil limitations on various land uses. The landowner or user is responsible for identifying and complying with existing laws and regulations. Although soil survey information can be used for general farm, local, and wider area planning, onsite investigation is needed to supplement this information in some cases. Examples include soil quality assessments (http://soifs.usda.gov/sqi/) and certain conservation and engineering applications. For more detailed information, contact your local USDA Service Center (http://offices.sc.egov.usda.gov/locator/app? agency=nrcs) or your NRCS State Soil Scientist (http:f/soils.usda.gov/contact) state_offices/). Great differences in soil properties can occur within short distances. Some soils are seasonally wet or subject to flooding. Some are too unstable to be used as a foundation for buildings or roads. Clayey or wet sods are poorly suited to use as septic tank absorption fields. A high water table makes a soil poorly suited to basements or underground installations. The National Cooperative Soil Survey is a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local agencies, The Natural Resources Conservation Service (NRCS) has leadership for the Federal part of the National Cooperative Soil Survey. information about soils is updated periodically. Updated information is available through the NRCS Soil Data Mart Web site or the NRCS Web Soil Survey. The Soil Data Mart is the data storage site for the official soil survey information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability. and where applicable, sex, marital status, familial status, parental status, religion. sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means 2 for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington. D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer. 3 Contents Preface . .2 How Soil Surveys Are Made 5 Soil Map 7 Soil Map 8 Legend 9 Map Unit Legend 10 Map Unit Descriptions 10 Rifle Area, Colorado, Parts of Garfield and Mesa Counties 12 3—Arvada loam, 1 to 6 percent slopes 12 References 14 4 How Soil Surveys Are Made Soil surveys are made to provide information about the soils and miscellaneous areas in a specific area. They include a description of the soils and miscellaneous areas and their location on the landscape and tables that show soil properties and limitations affecting various uses. Soil scientists observed the steepness, length, and shape of the slopes; the general pattern of drainage; the kinds of crops and native plants; and the kinds of bedrock. They observed and described many soil profiles. A soil profile is the sequence of natural layers, or horizons, in a soil. The profile extends from the surface down into the unconsolidated material in which the soil formed or from the surface down to bedrock. The unconsolidated material is devoid of roots and other living organisms and has not been changed by other biological activity. Currently, soils are mapped according to the boundaries of major land resource areas (MLRAs). MLRAs are geographically associated land resource units that share common characteristics related to physiography, geology, climate. water resources, soils, biological resources, and land uses (USDA. 2006). Soil survey areas typically consist of parts of one or more MLRA. The soils and miscellaneous areas in a survey area occur in an orderly pattern that is related to the geology, landforms, relief, climate, and natural vegetation of the area. Each kind of soil and miscellaneous area is associated with a particular kind of landform or with a segment of the landform. By observing the soils and miscellaneous areas in the survey area and relating their position to specific segments of the landform, a soil scientist develops a concept, or model, of how they were formed. Thus, during mapping, this model enables the soil scientist to predict with a considerable degree of accuracy the kind of soil or miscellaneous area at a specific location on the landscape. Commonly, individual soils on the landscape merge into one another as their characteristics gradually change. To construct an accurate soil map, however, soil scientists must determine the boundaries between the soils. They can observe only a limited number of soil profiles. Nevertheless, these observations, supplemented by an understanding of the soil -vegetation -landscape relationship, are sufficient to verify predictions of the kinds of soil in an area and to determine the boundaries, Soil scientists recorded the characteristics of the soil profiles that they studied, They noted soil color, texture, size and shape of soil aggregates, kind and amount of rock fragments, distribution of plant roots, reaction, and other features that enable them to identify soils. After describing the soils in the survey area and determining their properties, the soil scientists assigned the soils to taxonomic classes (units). Taxonomic classes are concepts. Each taxonomic class has a set of soil characteristics with precisely defined limits. The classes are used as a basis for comparison to classify soils systematically. Soil taxonomy, the system of taxonomic classification used in the United States, is based mainly on the kind and character of soil properties and the arrangement of horizons within the profile. After the soil scientists classified and named the soils in the survey area, they compared the 5 Custom Soil Resource Report individual soils with similar soils in the same taxonomic class in other areas so that they could confirm data and assemble additional data based on experience and research. The objective of soil mapping is not to delineate pure map unit components; the objective is to separate the landscape into landforms or landform segments that have similar use and management requirements. Each map unit is defined by a unique combination of soil components and/or miscellaneous areas in predictable proportions. Some components may be highly contrasting to the other components of the map unit. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The delineation of such landforms and landform segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, onsite investigation is needed to define and locate the soils and miscellaneous areas. Soil scientists make many field observations in the process of producing a soil map. The frequency of observation is dependent upon several factors, including scale of mapping, intensity of mapping, design of map units, complexity of the landscape, and experience of the soil scientist. Observations are made to test and refine the soil - landscape model and predictions and to verify the classification of the soils at specific locations. Once the soil -landscape model is refined, a significantly smaller number of measurements of individual soil properties are made and recorded. These measurements may include field measurements, such as those for color. depth to bedrock, and texture, and laboratory measurements, such as those for content of sand, silt, clay, salt, and other components. Properties of each soil typically vary from one point to another across the landscape. Observations for map unit components are aggregated to develop ranges of characteristics for the components. The aggregated values are presented. Direct measurements do not exist for every property presented for every map unit component. Values for some properties are estimated from combinations of other properties. While a soil survey is in progress, samples of some of the soils in the area generally are collected for laboratory analyses and for engineering tests. Soil scientists interpret the data from these analyses and tests as well as the field -observed characteristics and the soil properties to determine the expected behavior of the soils under different uses. Interpretations for all of the soils are field tested through observation of the soils in different uses and under different levels of management. Some interpretations are modified to fit local conditions, and some new interpretations are developed to meet local needs. Data are assembled from other sources, such as research information. production records, and field experience of specialists. For example, data on crop yields under defined levels of management are assembled from farm records and from field or plot experiments on the same kinds of soil. Predictions about soil behavior are based not only on soil properties but also on such variables as climate and biological activity. Sod conditions are predictable over long periods of time, but they are not predictable from year to year. For example, soil scientists can predict with a fairly high degree of accuracy that a given soil will have a high water table within certain depths in most years, but they cannot predict that a high water table will always be at a specific level in the soil on a specific date. After soil scientists located and identified the significant natural bodies of soil in the survey area, they drew the boundaries of these bodies on aerial photographs and identified each as a specific map unit. Aerial photographs show trees, buildings, fields, roads, and rivers, all of which help in locating boundaries accurately. 6 Soil Map The soil map section includes the soil map for the defined area of interest, a list of soil map units on the map and extent of each map unit, and cartographic symbols displayed on the map. Also presented are various metadata about data used to produce the map, and a description of each soil map unit. 7 39° 24' 20- 39° 24' 2" Custom Soil Resource Report Soil Map In 0 a Map Scale: 1-2,6 if printed on A size (8.5" x 11") sheet. 0 25 50 100 Meters 150 100 200 400 Feet 600 39' 24' 2t3' 39.24' 2" Custom Soil Resource Report MAP INFORMATION MAP LEGEND a o = co .4r 2,4 'o 'y N 0 9 1y 1 Q G ai 0 C 0 ca) L .g.9 R N dY a a '- 0 treamD E ai am a`a7 m d as % a) U o t6 c a Lo m sya o c E o m 0 a) s3 a) E N d W. CO 12.c a)H Td GU9 C m co 6 >, > w 6 L a 0 .o a W 0 cc p N Q O O qa c C 0 S6 C B CD C..15 E a 4 a9 ] Lt6 O) y 7 a ena Ta h ELe`� O m ma)^a 00 C rn-c Eea qy G N E fa 7 U cfr cu g 5. 1- m E a 0) Very Stony Spot 01 m Special Point Features Short Steep Slope m Q { Political Features a r to (13 a) > is U qa ttl a ai zs m u�is w O 4 U U ty til c i+] 0 0. •c 4 Ew o Z V) V a1 U Ln r m CD ur CD C Q Z1 00 L• CD0.N Ea a) i 0,13 7 3 a) N t4 is 'J as r* 4)et D c r 01 N C c 1V > s• 0) 07 Ui ., E v) m c 2 o v mac o2 as . H c�a 'a n. } . t60 A 0 Eh aE co o 0 47 hY a to C m CD C O. 1a 0 mo 13 C C Rifle Area, Colorado, Parts of Garfield and Mesa Version 6, Mar 25, 2008 w 0 v CO i o F U) E 0 = (.3H a o R m 't m LL w ca rn v) • LI L H Closed Depression J El X • a m 2 0 0 w 4 to J J O r{ C 15'd. 1 - Marsh or swamp Mine or Quarry Miscellaneous Water a 0) 01 F ).. . w C 5 u. cQ`E o = �e a) is CO E t a) L E N = D .oj c i x? C g Q ai a a Q m E ri as CO ru fl p N 9 n 177 .c O N C 0 019 °O C 2'Q° cn ooc r °' -0. O E'raE Jc F s°) 0 Date(s) aerial images were photographed: Local Roads Severely Eroded Spot O n a A') 10 U5 0 a c1) T G 47 Custom Soil Resource Report Map Unit Legend Rifle Area, Colorado, Parts of Garfield and Masa Counties (CO683) Map Unit Symbol Map Unit Name Acres in AOI Percent of AOi 3 Totals for Area of Interest Arvada loam, 1 to 6 percent slopes Map Unit Descriptions 24.5 24.5 The map units delineated on the detailed soil maps in a soil survey represent the soils or miscellaneous areas in the survey area. The map unit descriptions, along with the maps, can be used to determine the composition and properties of a unit. A map unit delineation on a soil map represents an area dominated by one or more major kinds of soil or miscellaneous areas. A map unit is identified and named according to the taxonomic classification of the dominant soils. Within a taxonomic class there are precisely defined limits for the properties of the soils. On the landscape, however, the soils are natural phenomena, and they have the characteristic variability of all natural phenomena. Thus. the range of some observed properties may extend beyond the limits defined for a taxonomic class. Areas of soils of a single taxonomic class rarely, if ever, can be mapped without including areas of other taxonomic classes. Consequently. every map unit is made up of the soils or miscellaneous areas for which it is named and some minor components that belong to taxonomic classes other than those of the major soils. Most minor soils have properties similar to those of the dominant soil or soils in the map unit, and thus they do not affect use and management. These are called noncontrasting, or similar, components. They may or may not be mentioned in a particular map unit description. Other minor components, however, have properties and behavioral characteristics divergent enough to affect use or to require different management. These are called contrasting, or dissimilar, components. They generally are in small areas and could not be mapped separately because of the scale used. Some small areas of strongly contrasting soils or miscellaneous areas are identified by a special symbol on the maps. if included in the database for a given area, the contrasting minor components are identified in the map unit descriptions along with some characteristics of each. A few areas of minor components may not have been observed, and consequently they are not mentioned in the descriptions, especially where the pattern was so complex that it was impractical to make enough observations to identify all the soils and miscellaneous areas on the landscape. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The objective of mapping is not to delineate pure taxonomic classes but rather to separate the landscape into landforms or landform segments that have similar use and management requirements. The delineation of such segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, however, onsite investigation is needed to define and locate the soils and miscellaneous areas. 10 100.0% 100.0% Custom Soil Resource Report An identifying symbol precedes the map unit name in the map unit descriptions. Each description includes general facts about the unit and gives important soil properties and qualities. Soils that have profiles that are almost alike make up a soil series. Except for differences in texture of the surface layer, all the soils of a series have major horizons that are similar in composition, thickness, and arrangement. Soils of one series can differ in texture of the surface layer, slope, stoniness, salinity, degree of erosion, and other characteristics that affect their use. On the basis of such differences, a soil series is divided into soil phases. Most of the areas shown on the detailed soil maps are phases of soil series. The name of a soil phase commonly indicates a feature that affects use or management. For example, Alpha silt loam, 0 to 2 percent slopes, is a phase of the Alpha series. Some map units are made up of two or more major soils or miscellaneous areas. These map units are complexes, associations, or undifferentiated groups. A complex consists of two or more soils or miscellaneous areas in such an intricate pattern or in such small areas that they cannot be shown separately on the maps. The pattern and proportion of the soils or miscellaneous areas are somewhat similar in all areas. Alpha -Beta complex, 0 to 6 percent slopes, is an example. An association is made up of two or more geographically associated soils or miscellaneous areas that are shown as one unit on the maps. Because of present or anticipated uses of the map units in the survey area, it was not considered practical or necessary to map the soils or miscellaneous areas separately. The pattern and relative proportion of the soils or miscellaneous areas are somewhat similar. Alpha - Beta association, 0 to 2 percent slopes, is an example. An undifferentiated group is made up of two or more soils or miscellaneous areas that could be mapped individually but are mapped as one unit because similar interpretations can be made for use and management. The pattern and proportion of the soils or miscellaneous areas in a mapped area are not uniform. An area can be made up of only one of the major soils or miscellaneous areas, or it can be made up of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example. Some surveys include miscellaneous areas. Such areas have little or no soil material and support little or no vegetation. Rock outcrop is an example. 11 Custom Soil Resource Report Rifle Area, Colorado, Parts of Garfield and Mesa Counties 3—Arvada loam, 1 to 6 percent slopes Map Unit Setting Elevation: 5,100 to 6,200 feet Map Unit Composition Arvada and similar soils: 80 percent Minor components: 5 percent Description of Arvada Setting Landform: Terraces, fans Landform position (three-dimensional): Tread Down-slope shape: Convex, linear Across -slope shape: Convex. linear Parent material: Highly saline alluvium derived from sandstone and shale Properties and qualities Slope: 1 to 6 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Capacity of the most limiting layer to transmit water (Ksat): Moderately low to moderately high (0.06 to 0.20 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding_ None Calcium carbonate, maximum content: 10 percent Gypsum. maximum content: 2 percent Maximum salinity: Very slightly saline to moderately saline (4.0 to 16.0 mmhoslcm) Sodium adsorption ratio. maximum: 30.0 Available water capacity: Moderate (about 8.0 inches) Interpretive groups Farmland classification: Not prime farmland Land capability classification (irrigated): 7s Land capability (nonirrigated): 7s Hydrologic Soil Group: D Ecological site: Salt Flats (R048AY261 CO) Typical profile 0 to 3 inches: Loam 3 to 17 inches: Silty clay loam 17 to 60 inches: Silty clay loam Minor Components Wann Percent of map unit: 5 percent Landform: Terraces Landform position (three-dimensional): Tread 12 Custom Soil Resource Report 13 References American Association of State Highway and Transportation Officials (AASHTO). 2004. Standard specifications for transportation materials and methods of sampling and testing. 24th edition. American Society for Testing and Materials (ASTM). 2005. Standard classification of soils for engineering purposes. ASTM Standard D2487-00. Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of wetlands and deep -water habitats of the United States. U.S. Fish and Wildlife Service FWS/OBS-79/31. Federal Register. July 13, 1994. Changes in hydric soils of the United States. Federal Register. September 18, 2002. Hydric soils of the United States. Hurt, G.W., and L.M. Vasilas, editors. Version 6.0, 2006. Field indicators of hydric soils in the United States. National Research Council. 1995. Wetlands: Characteristics and boundaries. Soil Survey Division Staff. 1993. Soil survey manual. Soil Conservation Service. U.S. Department of Agriculture Handbook 18. http:llsoils.usda.gov/ Soil Survey Staff, 1999. Soil taxonomy: A basic system of soil classification for making and interpreting soil surveys. 2nd edition. Natural Resources Conservation Service, U.S. Department of Agriculture Handbook 436. http:l/soiIs.usda.govl Soil Survey Staff. 2006. Keys to soil taxonomy. 10th edition. U.S. Department of Agriculture, Natural Resources Conservation Service. http:f/soils.usda.govl Tiner, R.W. Jr. 1985. Wetlands of Delaware. U.S. Fish and Wildlife Service and Delaware Department of Natural Resources and Environmental Control, Wetlands Section. United States Army Corps of Engineers, Environmental Laboratory, 1987. Corps of Engineers wetlands delineation manual. Waterways Experiment Station Technical Report Y-87-1, United States Department of Agriculture, Natural Resources Conservation Service. National forestry manual. http:llsoils.usda.govl United States Department of Agriculture, Natural Resources Conservation Service. National range and pasture handbook. http:llwww.glti.nres.usda.govl United States Department of Agriculture, Natural Resources Conservation Service. National soil survey handbook, title 430 -VI. http:llsoils,usda.govf United States Department of Agriculture, Natural Resources Conservation Service. 2006. Land resource regions and major land resource areas of the United States, the Caribbean, and the Pacific Basin. U.S. Department of Agriculture Handbook 296. http:llsoils.usda,gov/ 14 Custom Soil Resource Report United States Department of Agriculture, Soil Conservation Service. 1961. Land capability classification. U.S. Department of Agriculture Handbook 210. 15 (-- SOV1.047., ;29267' • IOC 61...114,I -1,,n Efl 1.1 00c Prod rPoorro -ownQ sosre- (K hi -to rerLZ .3.00,o0oos OPI.ORS,rdne 'ON NNW Me LIN19211 NOI.LdIiX3 Notsimaans Z091.g -CO 'NOLLONflf ONVe110 6ZE 4 XO gi 'O'ci 11113 V1%11,1011 3ISVIN V 437/N08 .1 .... ONIA3AW ,_ 1.0 rr (-- SOV1.047., ;29267' • IOC 61...114,I -1,,n Efl 1.1 00c Prod rPoorro -ownQ sosre- (K hi -to rerLZ .3.00,o0oos Garfield County BUILDING & PLANNING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Glenn Hartmann, Senior Planner DATE: October 29, 2012 SUBJECT: Director's Call-up Patterson — Encana Subdivision Exemption Administrative Review (File MIEA-7328) EXHIBIT On October 29, 2012, the Director of the Building and Planning Department issued a Director's Determination for a Call -Up to the Board of County Commissioners of the Patterson — Encana Subdivision Exemption Administrative Review request. The Applicant has requested a waiver from the water supply standards contained in Section 7-104 of the Unified Land Use Resolution of 2008, as amended (ULUR). This call-up will allow the Board to discuss the issue of a potable water supply for a proposed subdivision for an existing industrial activity that does not utilize water for operations. This call-up request has been reviewed with the County Attorney's Office. Referral comments and public comments on the Application have been received. Comments from a neighboring property owner have also requested call-up for review by the Board. The Call -Up by the Director is being processed in accordance with Section 4-104(A)(8) of the ULUR which calls for the Director to place the Administrative Review request on the earliest available scheduled meeting agenda of the Board of County Commissioners to determine if a public hearing would be required. In accordance with the ULUR we have placed this item on the next available Board of County Commissioners agenda, Monday, November 5, 2012, at 1:00 p.m. This agenda item will be for deliberation on whether a public hearing before the Board of County Commissioners would be required. Included in the Board's packet is the following information: • Director's Determination Letter • Public Comments • Referral Comments • Preliminary Staff Report • Photographs from the Site Visit by Staff Building and Planning Department Staff and the County Attorney's Office will be available at the public meeting to answer any questions regarding the Application, Director's Determination, the Call -Up process and Waiver Request. The Applicant has been advised of the public meeting and the Director's Determination. 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • Fax: (970) 384-3470 ANktL,, Gar -1c l C unty October 29, 2012 Georgia Kofoed Encana ail and Gas (USA) Inc. 37'017 Street, Suite 1700 Denver, CO 80202 UIL.DING PLANNING DEPARTMENT RE: Director's Cali -up Patteson — Encana Subdivision Exerrsp on (File MIEA-7328) Dear Georgia: This letter is in regard to the Minor Subdivision Exemption Application you have submitted on behalf of the Power, Patterson, and Tipping ownership, located at 318 County Road 300, Parachute, CO 81635 (also known by Assessor's Parcel No. 2409-342-00-108). Your Application is being processed in accordance with Section 4-104 Administrative Review Process of the Garfield County Unified Land Use Resolution of 2008 as amended (ULUR). Said provisions require a Decision by the Director of the Building and Planning Department on whether to approve, approve with conditions, deny, or call-up the request for review by the Board of County Commissioners. A decision is he .y issued regarding your Application for administrative review of a Subdivision Exemption to create a 1+0.7 acre pard out of an overall 222.7 acre tract. The Director's Decision is to call-up the Application for review by the Board of County Cori in accordance with Section 4-104(A)(8). Said call-up review is due to the need fear waivers from requirements of the ULUR including but not limited to provision of a water supply plan and demonstration of a legal and physically adequate domestic water supply. Other waivers may also be needed for ULUR provisions such as roadway standards and compatibility issues have been raised by an adjacent propel owner, in the case of a (Director call-up the ULUR provides that "the Director shall place the administrative review on the earliest available scheduled meeting agenda of the Board of County Commissioner's to determine if a public hearing would be required.' a have added to the Board's November 5t" agenda, a discussion of whether to schedule a public fearing for the Board of County 'Commissioners formal consideration of your Application. 108 Eighth Street, Suite 4011 Glenwood Springs, CO 816+01 (970) 945-8212 Fax: (970) 384-3470 Please contact Glenn Hartmann, Senior Planner at the Building. and Planning Department Offices (970-945-8212) if you have any questions regarding this Director's Call-up or the Board of County Commissioner's upcoming meeting. Sincerely, Fred .carman, AICP J / Director, Garfield Coun 3uilding and Planning Department cc: Board of County Commissioners Carey Gagnon, Assistant County Attorney Glenn Hartmann From: Wyatt Keesbery Sent: Monday, October 22, 2012 8:51 AM To: Glenn Hartmann Subject: Patterson Subdivision Exemption (MIEA-7328) EXHIBIT 1 < Glen, After looking at the proposed Exemption to subdivide a 222.7 acre parcel into two lots consisting of a 211.9 and a 10.7 acre piece, I have no objection to this moving forward. Of course if there is any further driveways, or utilities needed at this parcel, that are corning off, or through the county ROW, the proper permits are required from the Road and Bridge Dept. if there are any questions please feel free to call or email me at anytime. wyatt klytattKeed,bely Garfield County Road & Bridge 0298 CR 333A Rifle, Co. 81650 Office- 970-625-8601 Fax- 970-625-8627 Cell- 970-309-6073 i Qctober 25, 2012 Mr. Glenn Hartmann Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 MOUNTAIN CROSS ENGINEERING, INC. Civil and Environmental Consulting and Design RE; Review of Patterson Subdivision Exemption: MIT A-7328 Dear Glenn. EXHIBIT This office has performed a review of the documents provided for the Patterson Minor Subdivision Exemption Application_ The submittal was found to be thorough and well organized_ The following comments were generated: The application materials propose no water either legal or physical. Justification is given however it is a requirement of the LJLUR. and the size of the lot might preclude obtaining an exempt will in the future. 2. It is understood that there is an existing access in an easement. No information is given in the application if the existing access meets Garfield County standards. The Applicant should provide additional information on how the access compares to the roadway standards of Garfield County. 3. The Applicant should address if the parcel is within any floodplain designation. Feel free to call if you have any questions or comments. Sincerely, Mount in. Cross Engine ring Inc. C Hale PE 826 1/2 Garand Avenue, Glenwood Springs, CO 61601 P: 979.945.5544 E: 970.945.5556 www. rvuntaincrass-eng.com EXHIBIT Garfield County Glenn Hartmann Garfield County Building & Planning Department RE: Patterson Subdivision Exemption MIEA-7328 Vegetation Manajientent October 29, 2012 Dear Glenn, Thank you for the opportunity to comment on this permit. Noxious weeds map & inventory Staff requests that the applicant provide a noxious weed map and inventory of all Garfield County listed noxious weeds. Of particular concern on this site are the invasive trees Tamarisk and Russia -olive Weed management plan Please provide a weed management plan that will address the treatment of any inventoried noxious weeds found on site. Please let me know if you have any questions. Sincerely, Steve Anthony Garfield County Vegetation Manager 0298 County Road 333A Rlfie, CO 81650 Phone: 970-625-8601 Fax: 970-625-8627 VALLk. GRAND VALLEY FIRE PROTECTION DISTRICT 0124 STONE QUARRY RD -o PARACHUTE, CO 81635 PHONE: 285-9119, FAX (970) 285-9748 October 12, 2012 Glenn Hartmann Garfield County Planning and Building Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Subject: Patterson Subdivision Exemption Mr. Hartmann, EXHIBIT I have reviewed the Patterson Subdivision Exemption application. The Fire District doesn't have any objections to this exemption. It we need water to the location we will use the water sources we have fairly close by. The main source of water for our needs will come from the Colorado River or from a couple of static water tanks we have in the area. Even with the Fire Districts review of the plans and or business it is the responsibility of the owner to make sure the building complies with the International Fire Code 2009 Edition and all possible code requirements. If you should have any further questions please feel free to contact me. Rob Ferguson Deputy Fire Chief — Operations Cc: Chief Blair File Mission Statement We, the members of the Grand Valley Fire Protection District. dedicate our efforts to the protection of the lives, property and environment of the citizens of, and visitors [0 the [hand Valley Fire Protection District Glenn Hartmann From: Robert Knight [ParaTA©parachutecolorado.com] Sent: Thursday, October 11, 2012 11.59 AM To: Glenn Hartmann Subject: MI EA -7323 Glenn EXHIBIT Parachute is in favor of this application. Development to the west of town is our goal and we have been approached about annexing properties up toward the eastern boundary of this project. This will not occur anytime soon but is on our radar. Sincerely Bob Knight 1 Glenn Hartmann From: Ferah Jaura Sent: Monday, October 29, 2012 4:05 PM To: Glenn Hartmann Subject: MIEA-7328 Good Afternoon Glenn: EXHIBIT In regards to this application, I have no environmental health related concerns at this time. Thank you for giving me the opportunity to comment. Best Regards, Ferah Jaura, REHS Environmental Health Specialist II Garfield County Public Health 195 W. 14th Street Rifle, CO 81650 Phone: 970-625-5200 Ext. 8123 fjaura@garfield-county.com Glenn Hartmann From: Arrnstrong, Karlyn [karlyn.armstrong©state.co.us] Sent: Friday, October 19, 2012 3:33 PM To: Glenn Hartmann Cc: Alan Martellaro; Ben Krause Subject: Patterson (Tipping) Subdivision Exemption Comments from DWR Attachments: #9a Page 1 Subdivision Plat 7-18-12.pdf Glenn, EXHIBIT We have completed a preliminary reviewed of the above referenced application to divide, by exemption, a 222.75 acre parcel into two lots; Lot 1 would be 10.75 acres and Lot 2 would be 211.99 acres. However, per the March 11, 2011 Memorandum to All County Land Use Planning Directors concerning the State Engineer's Recommendation for Certain Land Use Actions, a physical adequacy review has not been completed. The purpose of this division is to separate property that contains an existing compressor facility and a gravel pit site. No dwellings exist or are proposed. The applicant does not have a proposed water supply for either parcel, claiming that no water will be used on Lot 1; Lot 2 has existing wells that operate pursuant to a Substitute Water Supply Plan. This office has no objections to this application. So long as this division is completed as a Subdivision Exemption, it will not affect the applicant's eligibility for exempt well permits on the property. If you or the applicant have any questions, please contact me directly. Sincerely, Karlyn Armstrong, E.I.T. Water Resource Engineer State of Colorado, Division of Water Resources 1313 Sherman Street Room 821; Denver, CO 80203 office: 303.866.3581 x8275 1 fax: 303.866.3587 email: karlvn.armstrong@state.co.us 1 STATE- OF COLO COLORADO GEOLOGICAL SURVEY—serving the people of Colorado Department 01 Natural Resources 1313 Sherman Street, Room 795 Denver, CO 80203 Phone: (303) 866-2511 Fax (303) 86&.2451 October 29, 2012 Mr, Glenn Hartmann Garfield County Planning 108 8th Street Glenwood Springs, CO 81601 ghartmann(a7;garf geld-county.com ?cttGrsntn Re: 11111Mump Subdivision Exemption, CGS GA -13-0002_1 Dear Mr. Hartmann: COLORADO DEPATARTURALMENT nF T RESOURCES Thank you for submittal of plans for the above referenced proposal. The proposal is to subdivide 227.7 acres into two lots. One lot is 10.7 acres in size and contains an oil and gas compressor station. The main purpose of the exemption is to allow for conveyance of the existing compressor station. No new development is anticipated at this time. No geologic hazard information was submitted with the application. The 10.7 -acre lot is located between DeBeque and Parachute, east of 1-70 and west of the Colorado River. The site appears to be located on sheetwash and fan deposits as well as Colorado River alluvium and floodplain deposits. These deposits are often prone to excessive settlement when loaded. The site is also likely located within the historic floodplain of the Colorado River and may be underlain by sand and gravel deposits. CGS recommends the following: • Soil constraints such as collapsible or expansive soil may be present in parts of the site. Prior to issuance of building permits for new structures; a site-specific soils and foundation investigation should be required. • The site may contain shallow groundwater. This should be considered if additional below ground construction is proposed. • Soils may contain fine-grained silt and clay. These small soil particles are not easily removed from runoff with typical sediment control measures like silt fence or straw wattles. Newly disturbed areas should be protected against erosion through all stages of construction. In summary, there are no geologic hazards that prevent subdivision of the property and continued use of the compressor station on the 10,7 -acre lot. Please contact me if you have any questions or concerns. I can be reached at 303.866.2611 ext. 8315 or by email at karen.berry@state.co.us, Sincerely, tk6ei Karen A. Berry Geological Engineer, PG, AICP, CPESC-SWQ October 26, 2012 Garfield County Planning Fred Jarmen Glenn Hartman Dear Sirs: EXHIBIT 1s We are writing this letter regarding an application for a Minor Subdivision Exemption on a parcel of property that surrounds our residential home at 0704 County Road 300. We wish to voice our concerns about the property that is in the application as well as properties that adjoin it and how they affect our property now, as well as in the past. We respectfully request that this request be called up to the next level, a process described to us in a meeting with Glenn Hartmann on October 23rd. We feel we can provide information on the existing use and history of this property. We have owned our property since 1985. When we purchased this property it was surrounded by old hay fields and a small lake from an earlier gravel pit operation. We leased the hay ground and raise hay and pasture for several years. Then several years ago a new gravel pit operation started up, with no notice to us, which is still in operation today, and takes up probably at least 70% of the parcel in the application. We have endured the noise, dust and traffic for the duration of that time, they have a huge diesel powered pump to keep the water out of the pit that has run 24/7 for that entire time, it sounds like a huge bulldozer running at full throttle, and we can't have our windows open in the summer because of the noise and dust. We have asked them to do something to quiet it down, but nothing has ever been done. They encroached on our water well by digging the edge of the pit within 50 feet of our property line, when confronted with it they made a lot line adjustment to give us an additional acre of ground, and filled in the encroached area to adhere to their permit. There are two other properties that adjoin the property in the request that we feel should have an influence on any changes in the future. The first one is a triangular parcel west of the purposed lot # 1 next to County Road 300 at the railroad crossing. It has two Targe metal office/warehouse type buildings on it as well as a large storage yard which stores items related to the natural gas business including chemicals from what we can see and several additional Tots to build future buildings. The second parcel is directly across the frontage road to the North and is a Targe commercial development with multiple tilt wall type buildings. We discovered in our meeting with Mr. Hartmann that the property north of the frontage had been rezoned recently to accommodate that development we assume, a very small rezoned area just big enough to put that development on. We were never consulted or offered the opportunity to comment or have any input as to the development or rezoning impacts on either of these parcels. They have created a huge impact on local traffic, noise and illumination at night. That said, the purposed lot # 1 has an existing Targe natural gas compressor station on it that is in operation and has been for several years. On lot #2 there is a finished gas well site between that compressor station and our property and a new pad to drill another series of wells on the east side of the compressor station. Between our house and County Road 300 on lot # 2, there is a commercial site for portable water pumping equipment that sen water for gas rigs to the south and west, as well as a ramp for getting water hauling trucks to the river to fill up. They set the portable equipment up for a week or two, tear it down and come in again in a month and do it again. Ail this development is accessed from our easement access off from County Road 300, and directly affects our access to our property, with all the water trucks and trucks and equipment related to the portable water pumping area there is constant dust, noise and blocking of our access, at times when leaving for work Ellen has been detained for up to 30 minutes. Think how it would affect emergency vehicles (ambulances and fire trucks) accessing out property in case of an emergency. The ramifications could be disastrous. Across the river to the south is land owned by gas companies and already has some gas wells developed on it. Making our little 2 Ac's completely surrounded by either developed industrial type property or gas wells. We understand that the request does not meet the requirements for potable water. l don't know what the requirements are for commercial or industrial but if the zoning remains rural, it needs potable water. To summarize we feel that we have not been involved in all this development to date and before there are any other changes to the property allowed by the planning department, that the zoning for all this property should not remain as is, rural or rural residential, but should be changed to properly address the existing and future uses to whatever commercial or industrial zoning is appropriate for what is there already as well as anything to build or developed in the future. Our property value as a nice quiet 2+Acs on the Colorado River with a nice home on it is completely destroyed. We feel it should be the responsibility of the parties involved with this request to change the zoning to accommodate the uses that they already are doing as well as anything they have planned in the future. There is no reason to leave the zoning as is. They are the ones benefiting not us. Thank you for your attention to this matter, and please contact us if you need any further information. Sincerely, Jim & Ellen De Kam PO Box 609 0704 C.R. 300 Parachute, Colorado. 81635 970-285-1448 Glenn Hartmann From: Hammond, Barney L. [Barney.Hammond©aencana.com] Sent: Friday, December 14, 2012 2:50 PM To: Glenn Hartmann Subject: Hearing Continuance Request. Glenn, Do to unforeseen circumstances regarding Encana`s Minor Subdivision Exemption. Encana oil & Gas (USA) Inc. respectfully requests a continuance until the January 215` 2013 Commissioners meeting. Please feel free to give me a call if you have any concerns or questions regarding this request. Sincerely Barney Hammond December 6, 2012 Garfield County Building and Planning Department 108 18`h Street, Suite 401 Glenwood Springs, CD 81601 Re: Letter of Authority Project Orchard Mesa Compressor Station- Minor Subdivision Exemption tot Split willinm R. Patterson. Rodney C. Power, Ronald E. and Marie E. Tipping Parc& in Sections 27, 33, 34• Township 7 South, Range 96 West Garfield County, Colorado Assessor parcel 2409+342-00-108 to Whom It May Concern: This letter grants to Barney L.liarnmond, tnF,I iatoror tnCar Ori -&G (tJSfi)-Inc., The right to appear before the Garfield County Building and Planning Department as an authorized representative for the undersigned insofar and only insofar as the above project is concerned. Thank you. wit/ ?akt44" William R. Patterson Ronald E. Tipping Marie E. Tipping .- #2SLic14143LITIEW '40 1. -0--v- *--o---- 7.1.0—lintr-s*--710" 011, • • A% .ar• Glenn Hartmann From: Steve Anthony Sent: Monday, January 07, 2013 2:14 PM To: Glenn Hartmann Subject: RE: Emailing: Orchard CS Weed Survey jpg (3).jpg Hi Glenn The survey and weed management plan are acceptable. Steve original Message ----- From: Glenn Hartmann Sent: Thursday, January 03, 2013 11:55 AM To: Steve Anthony Subject: FW: Emailing: Orchard CS Weed Survey jpg (3).jpg n EXHIBIT v Hi Steve: Here is a map that goes along with the reports. Thanks. Glenn. MEMORANDUM Garfield County BUILDING & PLANNING DEPARTMENT TO: Board of County Commissioners FROM: Glenn Hartmann, Senior Planner DATE: January 14, 2013 SUBJECT: Patterson — Encana Minor Subdivision Exemption Supplemental Staff Analysis EXHIBIT w I. SUPPLEMENTAL STAFF COMMENTS — ANALYSIS Water 1. The Applicant's representation that the current compressor station use located on proposed Lot 1 does not generate any water demand/use and therefore does not require a legal or physical supply of water is still under review by the County Attorney's Office. The sample Plat Note language in Draft Condition 5 is being reviewed by the County Attorney's Office and is suggested to be deleted in deference to ongoing review and potential future drafts of Deed Restrictions and Plat Notes by the County Attorney's Office. 2. Of note the Compressor Station use was approved by the County through a Special Use Permit process (see Resolutions No. 2005-75 and 2006-104 attached as supplemental Exhibits). Said approval appears to have been granted without the requirement for a source of water for the use. 3. Section 7-104 Sufficient Legal and Physical Source of Water is one of the critical code sections being reviewed by the County Attorney's Office. An excerpt from the Unified. Land Use Resolution of 2008 as amended (ULUR) is noted below: SECTION 7-104 SUFFICIENT LEGAL AND PHYSICAL SOURCE OF WATER. All applications for land use charge permits requiring a water demand of 8 (eig ht) single famr7y equivalents or Iess (one single family equivalent equals 350 gallons per day) shall have an adequate, reliable, physical, long terra and legal domestic water supply to serve the use. (Note, this section shall not be construed to be required to meet the terms of an adequate water supply as &Aped in Section T-105 of these regulations (Resolution 2Ci)-53/R.esoluticn 2070-2S). 4. The Colorado Division of Water Resources referral comments did not object to the Application. Their letter is included in the Board's packet as Exhibit 0, and notes that no dwellings exist or are proposed. 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • Fax. (970) 384-3470 Existing Uses 5. Draft conditions include confirmation that the Compressor Station is operating in compliance with existing Special Use Permit approvals from the County. The gravel pit on Lot 2 as a preexisting use raises different legal questions in regard to compliance with State regulations. Based on additional staff analysis in conjunction with the County Attorney's Office, Staff is proposing elimination of references in Condition No. 8 to the gravel pit operation. 6. Based on the deed restrictions limiting Lot 1 to the existing compressor station use, Staff is comfortable with the deletion of draft Condition No. 7 regarding irrigation water. Adjoining Property Owner Concerns 7. The adjoining owner of the Strong Industrial PUD has demonstrated concerns related to drainage and ground water impacts. The County has been provided copies of proposed agreements that appear to address a private water matter between adjoining property owners. Compliance with applicable State Stormwater Permitting is required of the compressor station with no new water well drilling proposed. 8. Adjoining property owners to the south, Jim and Ellen DeKam have expressed concerns regarding the existing Rural zoning for the Subdivision Exemption. The issue of rezoning the site is not part of the current Application or review, however, if discussion between the Applicants and adjoining owners result in support for such a request, pre -application meetings with County Staff can be scheduled. The Comprehensive Plan's Rural Employment Center designation at the site would support consideration of potential zoning amendments consistent with that designation. Other Topics 9. The Applicant's have updated their weed management plan for the compressor site and provided copies to the County. The County Vegetation Manager has reviewed the plans and found them to be acceptable (See Exhibits I, U and V). 10. A copy of the Applicant's 2008 Compliance review letter is also attached as an exhibit. It outlines the Applicant's compliance with various conditions of approval for the existing Compressor Station including supplemental noise analysis and mitigation. 11. If future relief from plat notes and deed restrictions are desired by the Applicant or future land owners, a condition of approval should clearly indicate that an amended subdivision exemption application would be required. This would allow the County to address the provision of legal and physical water 2 supply based on the proposed uses at that time along with any changed conditions associated with the properties and existing uses. 12. The standard air quality Plat Note #2.b., is proposed for editing to eliminate references to solid fuel burning devices in dwelling units as dwelling units are not proposed within the subdivision exemption. II. UPDATED - AMENDED DRAFT CONDITIONS FOR APPROVAL Attached is a complete listing of the updated and amended draft conditions adjusted in accordance with the supplemental staff analysis. The conditions support a Board motion for approval including a waiver from Article 7 Standards for the provision of a legal and physical supply of water for the Subdivision Exemption. Additions are shown in bold and deletions as strikethrough. Suggested findings were included in the December 17th Staff Report. Approval of the Minor Subdivision Exemptions subject to compliance with the following conditions of approval and granting of waivers. 1. That all representations contained in the Application submittals shall be considered conditions of approval unless otherwise amended or changed by the Board of County Commissioners. 2. The Applicant shall include the following text as plat notes on the final exemption plat or amend the existing text to conform to following: a. Control of noxious weeds is the responsibility of the property owner. Compliance with the County Noxious Weed Regulations and Weed Act shall be required. b. No new open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid fuel burning stove as defined by C.R.S. c. All exterior lighting shall be the minimum amount necessary and that all exterior lighting be directed inward and downward, towards the interior of the subdivision exemption, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. d. Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, residents and visitors ,must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. Those with an urban sensitivity may perceive such activities, sights, sounds and smells only as 3 inconvenience, eyesore, noise and odor. However, State law and County policy provide that ranching, farming or other agricultural activities and operations within Garfield County shall not be considered to be nuisances so long as operated in conformance with the law and in a non -negligent manner. Therefore, all must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non -negligent agricultural operations. e. All owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. f Addresses are to be posted where the driveway intersects the County road. If a shared driveway is used, the address for each home should be posted to clearly identify each address. Letters are to be a minimum of 4 inches in height, % inch in width and contrasts with background color. 9. Driveways should be constructed to accommodate the weights and turning radius of emergency apparatus in adverse weather conditions. h. Combustible materials should be thinned from around structures so as to provide a defensible space in the event of a wild land fire. i. "The mineral rights associated with this property may not have been transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s). " A site specific soils and foundation analysis shall be required for new construction. Compliance with the recommendations of said analysis shall be required. Engineered foundations and septic systems may be required pursuant to the findings and recommendation of the soils analysis and percolation tests. k. Traffic Impact Fees shall be calculated and paid to the County at the time of Building permit issuance for changes in use on Lots 1 and 2, based on the ULUR in effect at that time. 4 1. Compliance with all Garfield County Flood Plain regulations is required for development on Lots 1 and 2. 3. Site specific soils analysis shall be completed prior to issuance of building permits within the Subdivision Exemption. Engineered foundations and septic systems may be required pursuant to the findings and recommendation of the soils analysis and percolation tests. A plat note containing this requirement shall be added to the Exemption Plat. 4. Approval of the proposed Exemption Plat shall be subject to final review and approval by the County Attorney's Office and the County Surveyor. The Applicant shall submit a final draft of the proposed plat based on the above review with all corrections required by the County Staff. Upon final approval by Staff the mylar shall be printed and all necessary signatures obtained prior to presenting the plat to the Board of County Commissioners for their signature. 5. A waiver to the ULUR Water requirements contained in Section 7-104 is granted subject to the requirement that a plat note be included on the exemption plat and deed restrictions placed on both Lots 1 and 2 indicating that demonstration of legal, physical or adequate sources of water for the proposed Tots has not been provided and future changes in use will require demonstration of said adequate water provisions for the lots prior to the issuance of any future building permits. Final approval of deed restriction and plat note text by the County Attorney's Office shall be required. Sample plat water. Existing Inefus4 ial uses are served by temporary or portable facilities. Issuance- of future building permits for water service plan requirements pursuant to the ULUR as in place at -that time. Current owners and future Lot pufchasers ore put on notice that the County will deny building permits based on a failure to meet said requirements. /1 deed restriction setting forth these requirements has also been deed restriction prevents the current or future owners of Lots 6. Traffic impact fees for Lots 1 and 2 shall be calculated and collected prior to issuance of future building permits and changes in uses on said lots, as 5 applicable in accordance with the ULUR provisions in effect at that time. A plat note to that effect shall be included on the Exemption Plat. 7. Prior the execution and recording of the Exemption Plat, the A shall irrigation commensurate with each lot's cize and irrigation demands. 8. The Applicant shall maintain compliance with all conditions of approval contained in the existing Land Use Change Permits for the Orchard Compressor Station located on proposed Lot 1. The Applicant shall provide confirmation that the current gravel pit on Lot 2 is allowed pursuant to a under the preexisting—use status shall be addressed or corrected prior to 9. Prior to filing of the exemption plat the Applicant shall provide an improvement location survey or other acceptable documentation that all setbacks shall be met on Lot 1 or relocate existing facilities for ensure setback compliance. 10. The Applicant shall include on the final plat delineation of the 100 year flood plain. Compliance with all applicable flood plain regulations shall be required. A plat note to that effect shall be included on the exemption plat. 11. Prior to execution of the exemption plat the Applicant shall provide confirmation that all stormwater drainage improvements are in place for the Compressor Station and that any off-site impacts are properly mitigated. 12. Changes to or relief from the conditions of approval, plat note restrictions and deed restrictions shall require submission of an amended Subdivision Exemption Application. III. DRAFT FINDINGS FOR DENIAL Denial of the Minor Subdivision Exemption Request based on the following draft findings. • The Application is not in compliance with the ULUR Section 7-104 — Sufficient Legal and Physical Source of water. • The Application is not in general conformance with the Garfield County Comprehensive Plan 2030, regarding provision of domestic water for subdivision proposals. 6 1 11111111111111111111111 Illi IIIII 11111 111 11111 IIII III1 683531 10/04/2005 £2 26P 61732 P865 Ft ALSDORF 1 of 3 R 0.00 D 5.0D GARFIELD COUNTY CO STATE OF COLORADO County of Garfield } )ss } 1 EXHIBIT At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood Springs on Monday, the 156 day of August, 2005, A. D. there were present: John Martin , Commissioner Chairman Larr�,+„McCowte , Commissioner Tresi Haupt , Commissioner Don DeFord , County Attorney Mildred Alsdorf , Cleric of the Board Ed Green , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2005-75 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR STORAGE, PROCESSING, AND MATERIAL HANDLING OF A NATURAL RESOURCE — NATURAL GAS COMPRESSOR FACILITY, ON A 6 ACRE ROPERTY LOCATED NEAR COUNTY ROAD 300 IN THE ORCHARD MESA AREA, GARFIELD COUNTY, COLORADO. WHEREAS, the Board of County Commissioners of Garfield County, Colorado ("Board"), has received an application for a Special Use Permit ("SUP") for Storage, Processing, and Material Handling of a Natural Resource for a Natural Gas Compressor Facility from William R. Patterson, Rodney C. Power, Ronald E. Tipping, and Marie E. Tipping, fora property located in the Orchard Mesa arca near County Road 300 within the A/RRUD zone district; and WHEREAS, the Board held a public hearing on the 156' day of August, 2005 A.D., upon the question of whether the above described SUP should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions concerning the approval of said special use permit; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforenlentioned hearing, has made the following determination of fact as listed below: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners and proof thereof submitted in the record; 2 I 11111111111 1111111 11111 11111 111111 III 11111 I I I 683631 10/04/2005 02 26P 81732 P866 M ALSDORF 2 of 3 R 0.00 0 0.00 GARFIELD COUNTY CO 2. That the hearing before the Board of County Commissioners was extensive and complete, that sufficient pertinent facts, matters and issues were submitted and that all 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,converrience, order, prosperity and welfare ofthe citizens of Garfield County. 4. That the application is in conformance with §3.02.03, §5.03.07 and §5.03.08 ofthe Garfield County Zoning Resolution of 1978, as amended; NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that SUP is hereby approved subject to compliance with all of the following specific 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. 2. Thal 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 County reserves the right to retain outside expertise, at the expense of the applicant J operator of the facility, in order to conduct tests or analyses of the physical nature, water chemistry or groundwater properties on or away from the site. 4. That this facility is for the sole use of the applicant. If any other entities are to be added as users, then they would be subject to an additional SUP as well as rules and regulations as administered by the COGCC. 5. The applicant shall submit a weed inventory and control plan of the subject property. 6. The applicant shall comply with all standards as set forth in §5.03.118 "Industrial Performance Standards" of the Garfield County Zoning Resolution of 1978 as amended. 7. The applicant shall identify all wildlife and possible impacts the compressor station will have and propose a mitigation plan. 8. The applicant shall, as soon as electric power is available, convert the compressor units to electrical power. 2 1I111I11111111111111111111111II111I111I III 11111 IIII 1111 683631 10/04/2005 02 26P B1732 P867 17 RUMP 3 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO Dated this 3rd day of October ATTEST Clof the B lard A.D. 20 05 GARFIELD C TY BOARD OF COMMISSI+ RS, GARFIELD LINTY, .`v I.0 • o Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI HOIiPT , Aye Aye , Nay STATE OF COLORADO )ss County of Garfield 1, , County Clerk and ex -officio Clerk ofihe 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. EN 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 3 1111111111111111111111111111 Ilii Illill III 1111111111111 711278 11/17/2006 10:018 81864 P387 14 fLSDORF 1 of 4 R 0.00 D 0.00 GARFIELD COUNTY SCD STATE OF COLOR AD O County of Garfield } )ss } At a regular meeting of the Board of CountyCommissioncrs for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Plata Building. in Glenwood Springs on Monday, the 9th day of October, 2006, A. D. there were present: John Martin , Commissioner Chairman Lam McCown , Commissioner Tresi Haupt , Commissioner Carolyn Dahlgren Mildred AIsdort Ed Green , Deputy County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done. to -wit: RESOLUTION NO. 2 e6-to4 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT FOR STORAGE, PROCESSING, AND MATERIAL HANDLING OF A NATURAL RESOURCE — NATURAL GAS COMPRESSOR FACILITY, ON A 6 ACRE ROPERTY LOCATED NEAR COUNTY ROAD 300 IN THE ORCHARD MESA AREA, GAR! 1ELD COUNTY. COLORADO. (ENCANA OIL & UAS (USA) LNC.) WHEREAS, the Board of County Commissioners of Garfield County, Colorado ("Board"), has received an application for a Special Use Permit (.,SUP") for Storage, Processing, and Material Handling of a Natural Resource for a Natural Gas Compressor Facility from William R. Patterson, Rodney C. Power, Ronald F Tipping, and Marie F. 'Tipping, for a property located in the Orchard Mesa arca near County Road 300 within the A/RR/D zone district; and WHEREAS, the Board held a public hearing on the 9'' day of October, 2006 A.D., upon the question of whether the above described SUP should he granted or denied, at which hearing the public and interested persons were given the oppurtunit3,, to express their opinions concerning the approval of said special use permit.: and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact as listed below: l . That proper public notice was provided as required for the hearing before the Board of County Commissioners and proof thereof subor ned in the record; 1 1 11111 11111 1111111 11111 1111 11111 111111ill 11111 III 111 711278 11/17/2006 10:014 81864 P388 0 RLSOORF 2 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO That the hearing before the Board of County Commissioners was extensive and complete, that sufficient pertinent facts, matters and isi.zues were submitted and that all interested parties were heard at that meeting; 'Thar fear the above stated and other reasons, the proposed special use permit is in the hest interest of the health, safety, morals, convenience., order. prosperity and welfare ❑f the citi7.ens or Garfield County. 4, Tliat We application is in conformance with §3.02.03. 0.03, §5.03.07and §5.03.0$ of the Garfield County Zoning Resolution of 1978, as amended; NOW THEREFORE, RF. IT RESOLVED by the Board of County Commissioners of Gat field County, Colorado, that a Special Use Pei -mit for Storage, Processing, and Material Handling of a Natural Resource -- Natural Gas Compressor F=acility is hereby approved subject to compliance with all of the following specific conditions: That all representations of the Applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall he considered conditions of approval unless explicitly altered by the Board. 2. That the operation of the facility `.-+e done in accordance with all applicable federal, state, and loca! rrguiations governing the opctiniuu of ibis type of facility. 3. The County reserves the right to retain outside expertise, at the expense. of the applicant / operator of the facility, in order to conduct tests or analyses of the sound, physical nature, water chemistry or groundwater properties on or away from the site. 4. That this facility is for the sole use of the applicant. If any other entities are to add facilities or equipment to the site, then they would be subject to an additional SUP as well as rules and revulatinns as administered by the CDGC.C.. 5. Prior to the installation of any additional compressors, the applicant will complete the required paving or concreting of the apron at the entrance to the County road as required by the County Road & Bridge Department . The apron shall be 100 ft. wide by 20 ft. long into the driveway and a mir.inur of 4 inches in depth. 6. Prior to the installation of any additional compressors, the applicant will build the proposed buildings for the existing compressors and demonstrate through a sound study compliance with the CCIGCC Rule 802. Noise Standards. The sound study will be done by an independent sound engineer acceptable to the Board of County Cwnrttissioners. at the applicant"s expe.nso, 7. As each compressor or set of compressors is added to the site. pri or to porting them into full 1 11 1111 IIII HIE VIII IIII 11111111111 III 11111 IIII 1111 711278 11/17/2.006 10 01A B1864 P389 1 ALSDORF 3 of 4 R 0.00 0 0.00 GARFIELD COUNTY CO operation, the applicant will demonstrate that the additional compressors are in compliance with the: COGCC Rule. 802. Noisc Standards by doing a sound study. A copy of the study will be submitted to the County Planning Department and County Environmental Health Manager, County Health Department verifying compliance with the noise standauds. The sound study will he done by an independent sound engineer acceptable to the Board of County Commissioners, at the applicant's expense. 8. The proposed phasing of the installation of the compressors cannot be accelerated, hut rhe phasing can he modified by the installation of a lesser number of compressors over a longer tante period, to meet the cnnxpany's demand for additional capacity. 9. ,Ail of the gas driven engines on a compressor shall be converted to an electric -driven engine without amendment to this permit application, when adequate electrical capacity is available to the site to run the compressor;. 10. The applicant shall comply with all standards as set forth in §5.03.08 "Industrial Per romance Standards" of the Gartcld County Zoning Resolution of 1978 as amended. 1 ] _ The applicant will develop a landscaping plan to screen the facility from the nearest neighbor to the south of the site, that is acceptable to the neighbor. A written statement from the neighbor noting their satisfaction will be submitted to the Planning Depamnent within a year of the approval of this result:tiun. 12. An Administrative review of the conditions of approval will he conducted one !) year from the date of the. Special Ilse Fermi! is signed. Any nota -compliance with i.hc conditions of approval will result in a public hearing before the Board of County Commissioners to crinsider'evocation or other actions regarding the non-compliance issues, Dated this 6 h day of ATTEST 64,4 C) a4 T tNoVern Oar A.D, 3006 GARFIELD COUNTY BOARD) OF COMMISSIONERS, GARFIELD COU\TY, COLORADO Cr rk-of: the. Board 111111111111111H11111111 11111 1111 II III 111111 I(II IIII 711278 11/17/2006 10 01A 81864 P390 h ALSt}ORF 4 of 4 R 0.00 D 0.00 GARFIELD COUNTY CO Upon motion duly made and seconded the foregoing Resolution was xdonted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN Ave COMMISSIONER LARRY L. MCCOWN , Ave COMMISSIONER "rRFSI HOUPT _ _ Aye STATE OF COLORADO ) )ss County of Garfield ) 1, , 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 tate Hoard 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 4 Ill1 f11 H11. 1itiAM4 'I1`oi0.1tig 111;I Reception#: 742300 02/05/200$ 11-..2Cr•5C tf7 ,:Ran falaerLmo 1 of 1 ate Fee:$0 00 Do= Fee:0 04 GARFIELD MOT,' CO SPECIAL USE PERMIT for Storage, Processing and Material Handling of Natural Resources (Natural Gas Compressor Facility) Operated By EnCana Oil And Gas (USA) Inc., Located Approximately 4.5 Miles West Of The Town Of Parachute And Within A Property Owned By William R. Patterson, Rodney C. Power, Ronald E. Tipping, and Marie E. Tipping, Garfield Courtly, Garfield County Parcel Number. 240934200108 In accordance with and pursuant to the provisions of the Garfield County Zoning Resolution of 1978, as amended, and Resolution No. 2006 -104 of the Board of County Commissioners of Garfield County, State of Colorado, hereby authorizes, by Special Use Permit, the following activity: "PROCESSING AND MATERIAL HANDLING OF NATURAL RESOURCES" COVCERNING THE EXPANSION OFA NATURAL GAS COMPRESSOR FACILITY LOCATED WEST OF THE TOWN OF PARACHUTE OFF CR 300 The Special Use Permit is issued subject to the conditions set forth in the above-mentioned resolution, and shall be valid only during compliance with such conditions and other applicable provisions of the Garfield County Zoning Resolution, Subdivision Regulations, Building Code, and other regulations of the Board of County Cotnxnissioners of Garfield County, Colorado. ATTEST: GARFIELD COUNTY BOARD OF COMMfISS , GARFIELD COUNT k of the Board ENCANA,. EnGana Oil & Gas (USA) Inc. EnCana Olt & Gas (USA) Inc. 2717 County Road 215 Suite 100 Parachute, CO 81635 January 3, 2008 Fred Jarman Director Garfield County Building and Planning Department 108 8th Street, Suite 401 Glenwood Springs. CO 81601 EXHIBIT v tel (970) 285-2667 fax: (970) 285-2691 p eston.nelson@encana.com www.encana.com Re: Special Use Permit for Processing and Material Handling of Natural Resources for the Orchard Corepressor Station Expansion, Resolution 2006-104 Fred: On Monday, October 9. 2006, the Board of County Commissioners (BOCC) approved the request for a Special Use Permit for Processing and Material Handling of Natural Resources for the Expansion of the Orchard Compressor Station based on compliance with certain conditions. EnCana Oil & Gas (USA) Inc (EnCana) is providing this letter and attached documentation as proof of compliance For your reference, the BOCC conditions appear in italicized font and the EnCana response occurs in normal font. 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 EnCana has and will comply with all representations within the application and stated at the hearing before the Board of County Commissioners. That the operation of the facility be done in accordance with regulations governing the operation of this type of facility. EnCana operates the compressor station in accordance with regulations governing the operation of this type of facility. The County Reserves the right to retain outside expertise, at of the facility, in order to conduct tests or analyses of the groundwater properties on or away from the site. EnCana will provide financial resources to the County for the expenses to conduct tests or analyses of the physical nature, water chemistry, or groundwater properties on or away frorn the site. all applicable federal, state, and local all applicable federal, state, and local the expense of the applicant/operator physical nature, water chemistry, or 4. That this facility is for the sole use of the applicant. if any other entities are to be added as users, then they would be subject to an additional SUP as welt as rules and regulations administrated by the COGCC. If any other users were to be added as operators of the compressor station, EnCana and the additional user would submit an additional SLIP to the County The COGCC does not regulate compressor stations. Prior to the installation of any additional compressors, the applicant will complete the required paving Of concreting of the apron al the entrance to the County wad as required by the County Road & Bridge Department. The apron shall be 100 ft. wide by 20 ft, long into the driveway and a minimum of 4 inches in depth. EnCana competed installing the paved apron at the entrance of the driveway leading off of Garfield County Road 300, before the installation of the additional compressor units. Refer to Attachment 1 for a copy of the invoice from the paving contractor and photo of the site_ Prior to the installation of any additional compressors, the applicant will build the proposed buildings for the existing compressors and demonstrate through a sound study compliance with the COGCC Rule 802, Noise Standards. The sound study will be done by an independent sound engineer acceptable to the Board of County Commissioners, at the applicant's expense. EnCana contracted HFP Acoustical Consultants Inc. to conduct a sound study for the Orchard Compressor Station to the standards of the COGCC Rule 802. Noise Standards. Refer to Attachment 2 for a copy of the sound study. 7. As each compressor or set of compressors is added to the site prior to putting them into full operation, the applicant will demonstrate that the additional compressors are in compliance with the COGCC Rule 802, Noise Standards by doing a sound study. A copy of the study will be submitted to the County Planning Department and County Environmental Health Manager, County Health Department verifying compliance with the noise standards. The sound study will be done by an independent sound engineer acceptable to the Board of County Commissioners, at the applicants expense Refer to Attachment 2 for a copy of the sound study, conducted prior to putting the compressors into operation. 8. The proposed phasing of the installation of the compressors cannot be accelerated. but the phasing can be modified by the installation of a lesser number of compressors over a longer time period, to meet the company's demand for additional capacity. EnCana has not accelerated the installation of the compressors at the Orchard Compressor Station and installation of the compressor units has been phased over a longer period. Currently, EnCana has three gas -driven compressor units and one electric -driven compressor, with pians to install a second electric -driven compressor in the summer of 2008. All of the gas -driven engines on a compressor shall be converted to an electric -driven engine without amendment to this permit application, when adequate electrical capacity is available to the site to run the compressors. FnCana has completed the installation of one electric -driven compressor and ptans to install a second electric -driven compressor in the summer of 2008. 10. The applicant shaft comply with all standards as set forth in 6.03.08 `Industrial Performance Standards" of the Garfield County Zoning Resolution of 1978 as amended. a. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes, EnCana will conduct operations at the compressor station in such a manner as to comply with the standards set forth in the Colorado Revised Statutes. Refer to Attachment 2 for a copy of the sound study. 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. EnCana will conduct operations at the compressor station in such a manner as to not create vibrations that would be perceptible at the property line. Vibrations are not noticeable at the nearest property line and vibration at the property line is not expected to occur. c. Emissions of smoke and particulate matter: every use shall be operated so as to comply with ail Federal. State and County air quality laws, regulations and standards. Smoke is not produced at the Orchard Compressor Station. EnCana operates the compressor engines in compliance with air quality permits received from the Colorado Department of Public Health and Environment Air Pollution Control Division 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 shah be exempted from this provision. The Orchard Compressor Station does not emit heat, glare, radiation, er fumes under normal operating conditions. Flaring of gas occurs occasionally due to abnormal, emergency, or maintenance conditions: however, fumes do not substantially interfere with the existing use of adjoining property or constitute a public nuisance or hazard. e. 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 are codes and written recommendations/comments from the appropriate local protection district regarding compliance with the appropriate codes No flammable or explosive solids or gases will be stored at the Orchard Compressor Station. f No materials or wastes shall be stored at the compressor station in such a form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces No materials er wastes will be stored at the compressor station in such a form or manner that would allow off-site transport by any reasonable foreseeable natural causes or forces. EnCana will adhere to the SWMP to prevent stormwater run-off. 1 1 The applicant will develop a landscaping plan to screen the facility from the nearest neighbor to the south of the site, that is acceptable to the neighbor. A written statement from the neighbor noting their satisfaction will be submitted to the Planning Department within a year of the approval of this resolution. Refer to Attachment 3 for a copy of the signed written statement from the neighbor south of the Orchard Compressor Station. The neighbor received payment from EnCana to perform their own landscape screening. 12 An Administrative review of the conditions or approval will be conducted one (1) year from the date of the Special Use Permit is signed. Any non-compliance with the conditions of approval will result in a public hearing before the Board of County Commissioners to consider revocation or other actions regarding the non-compliance issues. EnCana is providing the documentation attached with this letter for the Planning Department to conduct the Administrative review. If you are satisfied that EnCana has met the conditions of approval, please issue the Special Use Permit for this facility. if you need additional information or have any questions, please contact me. Sincerely, Preston Nelson Permit and ROVV Coordinator. Piceance Basin Attachment 1 - Paving Invoice and Photo of Driveway Approach. Attachment 2 - Noise Study Attachment 3 - Written Statement from Jim and Ellen Dekam (landowner) Attachment 1 2273 River Road, P.O. Box 3609 Grand function; CO 81502 (970) 243-4900 1;AX: (9701 243.3945 21830 Fiwv. 550 South, P.O. Box 1909 Montrose, CO 81402 (970) 249-1815 VAX: i 9701 240- 8497 27858 Hwy 6&24, P.O. Box t556 Rife, CO 81650 (970) 625-3738 FAX: (970) 625-5605 To: Address: Encana 2717 Cr.215, Suite 100 Parachute, CO 81635 Contact: Phone: Fax: Rick Barnett WU-ate-AM 970-285-2691 Project Name: Project Location: Ar chard Comp. Sta ti or Cr. 300, Parachute, CO Bid Number: 13055 Bid tate: 10/9/2006 We are pleased to propose the following: �i#een # Item aearription t:etimated OeuiinHty dolt LIn1t Prim. Total Pric" 2 3 Notes: Mobilization 1.00 EACH Furnish And Place 4" Thick Approach 50.00 TON Irene Control 1.00 L5 $1,700.00 $120.00 $1,100.00 Total Bid Price: $1,700,00 $6,000.00 $1,100.00 $8,$O1].OU • United Companies assumes that the customer has obtained clearance from the governing agency to proceed with the work. • This proposal is to become part of the contract documents. • United Companies will not be responsible for complete drainage in areas with less than 10/o tali. • Prim shown does not include Performance and Payment bond. Add 104 if bond is required. This proposal is based on "spec" weather paving and conditions. Paving after the onset of cold weather may require the owner to sign a waiver of warranty. ° Base course work performed by others to be left at paving tolerances (i - f- 0.021. • Final billing will be based on actual quantities Installed. • Scheduling of work will be upon mutual consent between the owner and United Companies. ' See attached sketch for proposed scope of work. ° This proposal does not include excavation or stabilization of soft areas, including utility trench failures. 'The above price excludes engineering, staking, testing and permits, as applicable. `Prices are valid for 10 days from the date of this proposal. • if owner contracts directly with an independent testing firm, immediate notification to United Companies of any failed test results will be required. United Companies to be copied on all testing performed by the independent testing firm. • Pre -emergent controls many annual grasses and broadleaf weeds as they germinate Out docs not control established weeds. Russian knapweed, morning glory, alfalfa, etc. require weed killer treatment prior to disturbance of the soil. United Companies' warranty does not include weeds corning through the new asphalt mat. The above prices are valid enntingent on the work being performed during the 2006 construction season. In the event that the work described within the signed proposal is not competed within the 2006 construction season, United Companies reserves the right to adjust the prices accordingly. - Due to limited allocations of liquid asphalt cement by regional suppliers, United Companies can not guarantee our ability to acquire liquid asphalt for paving. Projects may be delayed until adequate supply of liquid asphalt becomes available. 10/16)2006 8:04:10 AM Page 1 er 1 Attachment 2 HFP ACOUSTICAL CONSULTANTS INC Computer Noise Model Prediction and COGCC Compliance Report for New and Existing Gas Compression Equipment at EnCana Orchard Compressor Station Prepared for Enviro Noise Control Group Submitted by: HFP Acoustical Consultants Inc. IFP File 6248-1 April 13, 2007 6001 Savoy Drive, Suite 115 Phone: 713.789.9400 *1140, 10201 Southport Road S.W. Phone: 403.259.6600 Houston, Texas 77036 Fax: 713.789.5493 Calgary. Alberta, Canada T2W 4X9 Fax- 4n3 259 6611 April 13, 2007 EnCana — Orchard CS HFP File 6248-1 Page 2 1 INTRODUCTION EnCana plans to add two electric -drive gas compressors to its Orchard Compressor Station (CS) in Garfield County, Colorado. The station currently operates engine -driven compressors which have been mitigated for noise by Enviro Noise Control Corp. (ENC). The project goal is that the total sound level 350 feet from new and existing equipment be less than or equal to 50 dB(A), in accordance with the Colorado Oil and Gas Conservation Commission (COGCC) nighttime noise limit for a residential/agricultural/rural zone. The COGCC has already determined that the existing compressor station equipment is in compliance with the noise goals. HFP Acoustical Consultants Inc. (HFP) was asked to create a computer noise model of the compressor station for the future conditions with the new electric -drive compressors operating in conjunction with the existing compression equipment. Based on data provided and using the noise mitigation treatments listed, the noise model predicts that the contribution from the combined new and existing equipment will be less than 50 dB(A) at a distance of 350 feet from the equipment. 2 COMPUTER NOISE MODELING A three-dimensional computer noise model was constructed in two stages. First, the existing equipment was modeled and calibrated to match sound level readings previously taken at the site by Enviro Noise Control Group. The second stage was the addition of the proposed equipment to the computer noise model. The compressor station noise model was developed using CadnaA, version 3.6.119, a noise modeling package developed by DataKustik GmbH. The software takes into account spreading losses, ground and atmospheric effects, shielding from barriers and buildings, and reflections from surfaces. The computer noise model calculations are based on "ISO 9613-2: Acoustics — Attenuation of sound during propagation outdoors?' 2.1 Stage 1 — Model of Existing Equipment The computer noise model was created based on data supplied from ENC. Data included one -third -octave band sound level measurements collected one meter away from major noise sources; plus dimensioned drawings, photographs, and sound attenuation values for installed mitigation equipment. Existing equipment consists of 3 gas engine -driven compressors with direct drive coolers. Each unit has the following sound reduction mitigation equipment applied: o acoustically insulated building around engine and compressor, o silencer plenum on the cooler inlet, and o upgraded, high-performance engine exhaust silencers. In addition to these mitigations, a silencer plenum will be added to the discharge of the existing coolers to further reduce the sound level contribution of existing equipment_ This is included in the computer noise model. H F P ACOUSTICAL CONSULTANTS April 13, 2.007 EnCana — Orchard CS NFP File 6248-1 Page 3 2.2 Stage 2 — Model of Planned Equipment Two compressor units and associated gas coolers arc modeled. Each compressor/cooler unit consists of the following equipment: • 7500 hp electric motor • Ariel JGU-6/3 compressor • Smithco triple horizontal gas cooler (three 168 fans per cooler) The electric motors and compressors will be inside an acoustically insulated building. The modeled octave band sound pressure levels (SPL) inside the building due to the two electric motors and compressors are shown in Table 1. Also shown are the sound power levels (PWI.) of other modeled equipment. Table 1: Compressor Building interior sound pressure level (SPL) and source sound power level (PWL) values assumed for planned equipment. New E i ui k meant Noise Source 31.5 63 125 250 500 1000 2000 4000 8000 dfl(A) Sound Pressure Level Inside Compressor Building, SPL 83 91 102 100 97 92 90 84 78 99 Compressor Building Ventilation Fan, PWL 97 97 98 98 97 93 89 84 80 98 Horizontal Cooler Fan Inter, PWL 109 107 107 109 106 103 100 95 79 108 Horizontal Cooler Fan Discharge, PWL. 105 103 103 105 102 99 96 91 75 104 The sound transmission loss (TL) values of the building walls, roof, equipment doors and personnel doors are shown in Table 2. Also shown are the required dynamic insertion loss (DIL) values for the building ventilation and cooler inlet and discharge. Figure 1 (attached) shows a plan view and results of the computer noise model. The sound level at 350 feet from the equipment in the four cardinal directions are less than 50 dB(A). Table 3 (attached) shows a rank -ordered list of sound source contributions at each of the four receiver locations. The sources are grouped into categories_ All existing equipment is grouped into one category. Planned new equipment is grouped into the following categories: • Building Walls and Roof • Building Ventilation — Exhausts • Building Ventilation — Intakes • Building Doors • Horizontal Lias Coolers HF P ACOUSTICAL COINSULTA NTS April 13, 2007 EnCana — Orchard CS HFP File 6248-1 Page 4 Table 2: Required noise control treatment TLIDIL values to meet 50 d13(A) at a distance of 350 feet from equipment. Noise Source Compressor Building Walls and Roof Compressor Building Ventilation (intake and exhaust) Equipment Door Personnel Door Cooler Exhaust (existing and new coolers) Smithco Horizontal Cooler Air Inlet. Treatment Required Dynamic Insertion Loss (DIL) or Transmission Loss (TL) by Octave Band (Hz) Acoustical Wall System Re+uired TL Ventilation flood Silencer, DIL STC -21 Roll up Door, TL STC -36 Dong, TL Vert & Horz Cooler Exhaust Silencer. DIL Horizontal Cooler Intake Silencer. DIL 31.5 63 125 250 500 1000 2009 4000 8000 8 0 16 21 27 10 17 37 48 28 2S 18 19 54 25 20 17 23 28 36 41 22 54 20 30 54 15 35 39 44 46 10 20 25 25 25 19 13 10 25 30 30 25 20 15 Aboveground piping associated with metering, scrubbers, pig launchers, receivers, etc. will be minimized to the extent practical. It is possible that some aboveground piping will need to be acoustically lagged, but lagging can be installed if necessary after operations begin. Station gas pipelines were not included in the noise analysis. 3 SUMMARY AND CONCLUSIONS A computer noise model of the EnCana Orchard Compressor Station was created to determine the combined noise contribution for new and existing compression equipment. Based on data provided and using the noise mitigation treatments listed in Table 2, the noise contribution from the combined new and existing equipment will be Tess than 50 dB(A) at a distance of 350 feet from the equipment. HFP ACOUSTICAL CONSULTANTS April 13.200'7 EnCarta - Orchard CS 1 -IFP File 6248-1 Page 5 Table 3: Source Group Contribution Rank -ordered Lists at Receiver Locations NORTH RECEIVER: Source Group Contribution Runk -ordered List Source Group dB(A) 31.5 63 125 2.51E 500 1000 2000 4000 Existing Equipment 45.3 23.5 37.2 41.5 38.1 36.7 33.9 28.6 24.3 Building Walls and Roof 41.8 12.2 24.6 39.4 37.2 29.9 17,5 10.4 0.0 Building Doors 41.1 5.0 20.8 35,6 33.4 35.4 33.9 30.2 12.1 Building Ventilation - Intakes 31.8 12.4 20.1 30.1 19.8 18.0 19.0 20.1 15.6 Horizontal Coolers 30.5 22.5 23.8 27.3 20.2 15.1 13.3 9.6 3.4 Buildin1Ventilation - Exhausts 30.4 -3.6 1 t.3 28.0 20.2 19.6 19.1 21.3 15.9 Total 48.2 26.4 37.8 44.6 41.5 39.7 37.1 33.1 25.6 8000 7.0 -19.7 -12.9 2.2 -26.1 0.6 9.0 EAST RECEIVER. SourceGrou s Contribution Runk -ordered List 8000 Source Group d A 31.5 63 125 250 500 1000 2000 4000 Existing Equipment 46.6 24.5 35.6 40.4 39.4 40.2 39.8 33.0 21.8 3.7 Horizontal Coolers 49.4 27.7 30.9 37.1 29.4 27.1 29.5 31. I 26.1 i -2.9 Building Walls and Roof 37.3 8..1 20.3 34.8 32.8 25.6 13.4 5.8 -5.8 -29.1. Building Doors 33,3 -1.4 13.9 28.3 26.4 27.8 24.9 19.4 -1.7 -313 Building Ventilation - Exhausts 28.8 -5.4 9.6 26.8 18.8 17.2 16.5 18.6 12.5 -5.8 Building Ventilation - Intakes 26.1 8.3 15.3 24.5 13.9 11.7 12.4 13.0 7.0 -10.7 Total 48.2 29.5 37.0 43.1 40.8 40.8 40.3 35.4 27.6 5.1 SOUTH RECEIVER: Source Group Contribution Rank -ordered Li t Source Group d A) 31.5 63 125 250 500 1000 2000 4000 8000 Existing Cquipmcni 45.9 20.4 33.1 38.7 38.1 40.2 40.1 32.9 19.2 -2.3 Horizontal Coolers 41.7 38.6 28.7 9.4 31.7 21.8 38.1 36.2 31.7 29A 31.4 32.7 28.6 3.1 Building Walls and Roof 33.9 26.6 14.5 7.2 -4.3 -27.6 Building Ventilation - Exhausts 28.2 -5.7 9.2 25.9 18.2 17.5 17.1 18.6 12.2 -6.7 Building Ventilation - Intakes 27.2 9.5 16.8 25.7 14.5 12.2 12.9 13.2 9.1 -8.5 Building Doors 23.4 -5.3 8.5 20.6 16.6 15.2 10.8 6.1 -12.8 -39.5 Total 47.9 29.4 35.7 42.8 40.2 40.7 40.7 35.9 29.2 4.7 WEST RECEIVER: Source Group Contribution Rank -ordered List Source Group dB(A) 31.5 63 125 250 500 1000 2000 4000 8000 Building Walls and Roof 41.5 11:9 24.3 39.0 36.9 29.5 17.1 9.8 -0.7 -20.7 Horizontal Coolers 41.2 28.4 31.5 37.8 30.4 28.1 30.3 32.0 27.7 1.2 Existing Equipment 37.8 20.9 30.7 34.2 30.4_, 28.3 24.8 15.2 3.2 -18.8 Building Doors _ 35.8 0.7 , 16.2 30.7 28.6 , 30.1 27.9 _23.5 4.5 -20.9 Building Ventilation - Intakes 31.1 11.8 19.5 29.4 19.1 17.4 18.3 19.3 14.5 U.6 Building Ventilation - Exhausts 29.2 -4.0 10.7 )..7.2 18 9 17.6 16.9 19.4 14.2 -1.1 _. Total , 45.9 29.3 34.8 42.8 i 39.0 35.3 33.4 33.0 28.1 5.1 H F P ACOUSTICAL. CONSULTANTS M New Compressor Building (2 new Electric -driven Units) 350 foot 45.9 j New Horizontal Gas Coolers 3 fans per Cooler m 0 48.2 0 re) 47.9 1 350 feet Existing Compressors (3 Units) 100 ft 48.27 Figure 1: 3-D Computer Noise Model Results, dB(A) EnCana Orchard Compressor Station Combined Noise Contribution for Planned and Existing Equipment is below 50 dB(A) at 350 ft. from Equipment. Attachment 3 ENC&NA.. EnCana Oil & Gas (USA) Inc. EnCana Oil & Gas (USA) Inc. 2717 CR 215, Suite 100 Parachute, CO 81635 February 2, 2007 Jim and Ellen DeKam PO Box 609 Parachute, CO 81535 Dear Jim and Ellen - tel: 970-285-2608 fax: 970-285-2691 On Tuesday, November 21, you rnet with EnCana Oil and Gas (USA) Inc. (EnCana) representatives Shawn Helrn, Brad Ankrum, and Floyd Alvey to determine a landscaping plan to screen your property and reduce visual impacts from EnCana's Orchard Compressor Station. Items discussed for the landscaping plan included planting evergreens in a staggered pattern from corner to corner of your property; constructing a berm to raise the ground level for planting; and an extension of the existing sprinkler system to provide irrigation water to the planted trees. During the meeting, it was agreed upon that you would select the landscaping contractor and EnCana would provide payment for the landscaping contractor's estimate We agreed that providing payment was EnCana's only responsibility and you would be responsible for hiring the landscape contractor ensuring your property is landscaped to your satisfaction, and providing irrigation water and maintenance for the landscaping. If it is agreeable with you, please sign below, verifying that EnCana has provided you with payment for the estimate provided by the landscape contractor of your choice; that you agree to install the landscaping, provide irrigation water and maintenance for the landscaping, and that you agree that EnCana does not have any additional responsibility in regards to landscaping of your property to reduce visual impacts from EnCana's Orchard Compressor Station. Thank you for your cooperahin this matter Sincerely, renda tinsteHeald Permit Lead, Pr mice Basin Enc. Acknowledgement We the undersigned verify that EnCana has provided us with payment for the estimate provided by the landscape contractor of our choice; that we agree to Install the landscaping, provide irrigation water and maintenance for the landscaping; and that we agree that EnCana does not have any additional responsibility in regards to landscaping of our property to reduce visual impacts from EnCana's Orchard Compressor Station. "% Date ]len DeKam Date a % Glenn Hartmann From: Glenn Hartmann Sent: Wednesday, January 16, 2013 3:37 PM To: Glenn Hartmann Subject: FW: Patterson - EnCana Withdrawal Request From: Hammond, Barney L.[mailto:Barney.Hammond@encana.com] Sent: Wednesday, January 16, 2013 3:33 PM To: Glenn Hartmann Cc: Capps, Helen; Blieszner, Diane; Row, Paul B.; mherm@wth-law.com Subject: RE: Patterson - EnCana Withdrawal Request Good afternoon Glenn. Encana would like to formally request a continuation of the public hearing until February the 191h 2013. Also as you have requested I will be at the January 215` hearing to try and answer any questions that might come up regarding the request for the continuation. The reasons for this request are as follows: 1) To research the possibility of getting either a temporary water supply ora permanent water supply for Lot # 1. 2) Work with our surveyor and Tipping and Power on the Plat revisions concerning the Flood Plain and Plat Notes. 3) To schedule a meeting with George Strong to discuss his concerns (he has several) regarding the minor subdivision. 4) To schedule a meeting with Mark Hermunstad to discuss Tipping and Powers concerns regarding the minor subdivision. 5) Research the possibility of getting a Septic System approved for Lot # 1 in a short amount of time. 6) Getting an Improvement Location Survey on lot # 1 and the soils tests completed on time for the hearing. Any questions Glenn please give me a call. Barney 1 MEMORANDUM Garfield County EXHIBIT BUILDING & PLANNING DEPARTMENT TO: Board of County Commissioners FROM: Glenn Hartmann, Senior Planner DATE: February 11, 2013 SUBJECT: Patterson — Encana Minor Subdivision Exemption Supplemental Staff Analysis 1. SUPPLEMENTAL STAFF COMMENTS — ANALYSIS Copies of the original staff report (12117112) and supplemental staff memorandum (1/14/13) are included with this packet for your convenience. EXEMPTION PLAT 1. The Applicant has provided an updated copy of the proposed Subdivision Exemption Plat. The Plat has been revised to include the recommended plat notes from draft Condition #2. 2. The Applicant has requested a revision to the Ownership and Dedication Certificate on the Plat (see attached email). This request is under review by the County Attorney's Office. The currently drafted Condition #4 can address this request as it requires the Plat to be subject to final review and approval by the County Attorney's Office. 3. The latest version of the Plat has been referred to the County Surveyor and in accordance with Condition #4 is required to have his approval/sign-off prior to being presented to the Board for signature. WATER WAIVER REQUEST 4. Subject to direction from the Board and pursuant to draft Condition #5, Staff and the County Attorney's Office are prepared to draft or review additional documents (deed restrictions & plat notes) as necessary to implement the Applicant's request for a waiver of providing a legal and physical supply of water for the Subdivision Exemption Lots. l 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • Fax: (970) 384-3470 5. An Approval of the requested waiver has the potential to result in other similar requests in particular from Industrial Operators. Staff supports the drafting of specific findings to differentiate this type of waiver request where there is a finding that there is no demand for water from other types of residential type subdivision exemptions. UPDATE ON DRAFT CONDITIONS 6. The January 14th Staff memorandum includes an option for approval with conditions and contains suggested edits to the original draft conditions. The Applicant's latest submittals address a number of the conditions summarized as follows: • Condition #9: The Applicant has provided an Improvement Location Survey that indicates that there are no non -conforming setbacks for the existing facilities. • Condition #10: The location of the 100 year flood plain has been added to the plat and a plat note requiring compliance with Flood Plain regulations has also been added to the plat. • Condition #11: The Applicant has provided an updated drainage plan. The updated plan is intended to address in part concerns from adjoining property owners. OPTION FOR DENIAL 7. The January 14th memo included the following draft findings to support the option of a denial by the Board of County Commissioners. The Application is not in compliance with the ULUR Section 7-104 — Sufficient Legal and Physical Source of Water. • The Application is not in general conformance with the Garfield County Comprehensive Plan 2030, regarding provision of domestic water for subdivision proposals. II. UPDATED - AMENDED DRAFT CONDITIONS FOR APPROVAL Outlined below is the latest outline of draft findings and condition for the Board's consideration. The draft is a clean version of the conditions from the January 14th Staff Memo and the findings are updated from the December 17th Staff Memo. A. EDITS TO CONDITIONS: The following adjustments to the conditions are offered for the Board's consideration: 2 • Deletion of Condition #9 and #10 as they have already been satisfied. • Editing of Condition #11 to read as follows: 11. Prior to execution of the exemption plat the Applicant shall provide confirmation that all previously required storm water drainage improvements for the existing Compressor Station on Lot 1 are in place. The Applicant shall comply with Section 7-206 of the ULUR by completing installation of the updated drainage plan prepared by River City Consultants, dated 11116/12 as soon as weather permits. B. DRAFT FINDINGS The Draft Findings have been updated to address the approval of a waiver on water issues by the inclusion of a new Finding #6 shown in bold. 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. The hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons the proposed Subdivision Exemption is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoption of conditions and granting of waivers the application has adequately met the requirements of the Garfield County Unified Land Use Resolution of 2008, as amended, including Section 5-406, General County Exemption Criteria. 6. That after considering the application and all of the information provided, the Applicant has satisfactorily demonstrated pursuant to Section 7-104 and C.R.S. § 29-20-301, et seq., that the current uses existing and approved by the County on the Subdivision Exemption Lots do not require a source of domestic water and thus the water supply plan, deed restriction, and plat note limitations prohibiting changes to the use without first providing ULUR complaint documentation of an adequate, reliable, physical, Tong -term, and legal waters supply, are appropriate for the type of development proposed. 3 C. DRAFT CONDITIONS That all representations contained in the Application submittals shall be considered conditions of approval unless otherwise amended or changed by the Board of County Commissioners. 2. The Applicant shall include the following text as plat notes on the final exemption plat or amend the existing text to conform to following: a. Control of noxious weeds is the responsibility of the property owner. Compliance with the County Noxious Weed Regulations and Weed Act shall be required. b. No new open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. c. All exterior lighting shall be the minimum amount necessary and that all exterior lighting be directed inward and downward, towards the interior of the subdivision exemption, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. d. Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. Those with an urban sensitivity may perceive such activities, sights, sounds and smells only as inconvenience, eyesore, noise and odor. However, State law and County policy provide that ranching, farming or other agricultural activities and operations within Garfield County shall not be considered to be nuisances so long as operated in conformance with the law and in a non -negligent manner. Therefore, all must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non -negligent agricultural operations. e. All owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and Landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for 4 such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. f. Addresses are to be posted where the driveway intersects the County road. If a shared driveway is used, the address for each home should be posted to clearly identify each address. Letters are to be a minimum of 4 inches in height, 4 inch in width and contrasts with background color. g. Driveways should be constructed to accommodate the weights and turning radius of emergency apparatus in adverse weather conditions. h. Combustible materials should be thinned from around structures so as to provide a defensible space in the event of a wild land fire. i. "The mineral rights associated with this property may not have been transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s). " A site specific soils and foundation analysis shall be required for new construction. Compliance with the recommendations of said analysis shall be required, Engineered foundations and septic systems may be required pursuant to the findings and recommendation of the soils analysis and percolation tests. k. Traffic Impact Fees shall be calculated and paid to the County at the time of Building permit issuance for changes in use on Lots 1 and 2, based on the ULUR in effect at that time. 1. Compliance with all Garfield County Flood Plain regulations is required for development on Lots 1 and 2. 3. Site specific soils analysis shall be completed prior to issuance of building permits within the Subdivision Exemption. Engineered foundations and septic systems may be required pursuant to the findings and recommendation of the soils analysis and percolation tests. A plat note containing this requirement shall be added to the Exemption Plat. 4. Approval of the proposed Exemption Plat shall be subject to final review and approval by the County Attorney's Office and the County Surveyor. The Applicant shall submit a final draft of the proposed plat based on the above review with all corrections required by the County Staff. Upon final approval by Staff the mylar shall be printed and all necessary signatures obtained prior to presenting the plat to the Board of County Commissioners for their signature. 5. A waiver to the ULUR Water requirements contained in Section 7-104 is 5 granted subject to the requirement that a plat note be included on the exemption plat and deed restrictions placed on both Lots 1 and 2 indicating that demonstration of legal, physical or adequate sources of water for the proposed lots has not been provided and future changes in use will require demonstration of said adequate water provisions for the lots prior to the issuance of any future building permits. Final approval of deed restriction and plat note text by the County Attorney's Office shall be required. 6. Traffic impact fees for Lots 1 and 2 shall be calculated and collected prior to issuance of future building permits and changes in uses on said lots, as applicable in accordance with the ULUR provisions in effect at that time. A plat note to that effect shall be included on the Exemption Plat. 7. Deleted 8. The Applicant shall maintain compliance with all conditions of approval contained in the existing Land Use Change Permits for the Orchard Compressor Station located on proposed Lot 1. 9. Prior to filing of the exemption plat the Applicant shall provide an improvement location survey or other acceptable documentation that all setbacks shall be met on Lot 1 or relocate existing facilities for ensure setback compliance. 10. The Applicant shall include on the final plat delineation of the 100 year flood plain. Compliance with all applicable flood plain regulations shall be required. A plat note to that effect shall be included on the exemption plat. 11. Prior to execution of the exemption plat the Applicant shall provide confirmation that all stormwater drainage improvements are in place for the Compressor Station and that any off-site impacts are properly mitigated. 12. Changes to or relief from the conditions of approval, plat note restrictions and deed restrictions shall require submission of an amended Subdivision Exemption Application. 6 a 411 C. 05,41 5 421 rri O •• 0 m!Cd cQ B 8 K jY 6 S 6j 0 rT' ,n rn rn rn tl S 141 3 A A r m m b C.Ct fRO_ 5 A CEP AS d2- 1716 65e56MAm nigg P'PEL I ¥ PIPF.L•IIE nrtcFk9 dr 0 iA (76 E l! dal Rr asa $a IVF LI.t MA.zKERs A 2 c€ n d ren Ma d �sb N89'29'l1"E 629770' —._ � �eg.&77 fF.6777�7; r77,6 :' '��•.. z R4�^ti',DeriV{ P/�= atd a'JDn_ TX1"WALLACE eREEIEPPELIPREASWIENE r.$75-CIiXL6 PL ELME EASE/HEAR REC, 07469fD 1MSIIRFAGED ROAD R 5t,sriLT .,,gw9�r',JS89 .11 "W 406.04' iti 5 L. '61R, R..{ -I C,50' ACCESS E SEMEM �'� _ . ,,..r.4... FEC •75.90.91 R PARCEL '13. t'� ' OFPROPERi L 1 :HF ^^.4 ` RS :PRO SEA) LII! P.PELAK ro 6 • r- 0.• 724 bcin L7-.4 CC 4I z P a 4 O zIoz- -Ic a3f S 3L n slauIed utealasP/W ijununs 5 5 Nm r A 0 A d _ g � - g NI I{ 0 1111 1 1 1 ' 1H31 V �r�xA NN ®®®®®@®®( 0 E R i la 3 9? 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BOX 1329 GRAND JUNCTION, CO, 81502 SUBDIVISION EXEMPTION OREF'RFSEO SY al 906 Main inStrew! Evanston, Wyoming 82930 SU RVEYING Phone No, {307} 739-4545 Firs! !s o m 2 GJ1 SG7 7 53/'2 1/29/•5 007F 50000.00"E, 2739.17' (N.W. Cor. to W1/4 Cor. Section 34) —BASIS OF BEARING— Road 300 ni N 0 z m m 2 !01'41'27"W, 2636.07' oA n '0 0 Y -& to 2 8 8 N01'43'18"W, 1019.94' a m N ▪ 0 3 _ .. a AO• .01 may O • 0 Mfrt p- H 49 O n X A L8`e6ZI '3„11.1,6(.tOS TIPPING SUBDIVISION EXEMPTION SUBDIVISION EXEMPTION PRPPARFP nY 906 Main street Evanston, Wyoming 82930 Phone No. (307) 789-4545 8 fest Harm cd7 7/13/r2 Canty narra.• xara'rnns SGT 1•/x9/r3 aA Glenn Hartmann From: Hammond, Barney L. [Barney.Hammond@a encana.comj Sent: Monday, February 04, 2013 4:12 PM To: Glenn Hartmann Subject: FW: Tipping Subdivision Exemption (1-29-13) Attachments: 13.01.30 Tipping Subdivision Exemption Plat (00105312).PDF EXHIBIT Good afternoon Glenn, Please see email below from Mark Hermundstad and the language in the plat that they do not like. Is it possible to delete this? Also Helen Capps and I would like to meet with you at 1:15 pm on the 12t1i of February at your office to go over everything before the hearing on the 191h Any questions please give me a call. Thanks Glenn. Barney From: Mark Hermundstad [mailto:mherm@wth-law.com] Sent: Monday, February 04, 2013 3:16 PM To: Hammond, Barney L. Cc: Capps, Helen; Blieszner, Diane; shari©bpigj.com Subject: RE: Tipping Subdivision Exemption (1-29-13) Barney: I met with my clients, Ron Tipping, Rod Power and Bill Patterson, this afternoon to discuss the exemption plat for the Tipping Subdivision. We reviewed the plat that you emailed to me on January 30, a copy of which is attached for reference. The layout of the two exemption lots and the Plat Notes are acceptable to my clients. However, as f discussed with you this morning, the dedication language in the lower left-hand corner of the plat is problematic. That language states as follows: Have by these presents laid out and platted the same as shown on this Plat under the nage and style of The Tipping Subdivision Exemption, an Exemption Plat of lands in the County of Garfield. The Owners do hereby dedicate and set apart all of the streets and roads as shown on the accompanying Plat to the use of the public forever, and hereby dedicate to the Owners of the exemption tots, those portions of said real property which are labeled as utility easements on the accompanying Plat as perpetual easements fbr the installation and maintenance ofutilities, irrigation and drainage facilities including, but not limited to, electric lines, gas lines and telephone lines, together with the right to trim interfering Trees and brush, with perpetual right of ingress and egress for installation and maintenance of such lines. Such easement and rights shall be utilized in a reasonable and prudent manner. All expense for street paving or improvements shall be furnished by the seller or purchaser, not by the County of Garfield. The italicized language is the language that is of concern to us. That language dedicates roads to the public and easements for utilities and similar purposes. However, there are no roads located on the property that are intended to be public roads, and there are no general utility easements either. A number of existing easements are shown on the plat, as required by law. However, none of these are intended to be public roads or general utility easements. Our concern is that by referencing road and utility easement dedications in the dedication language, confusion could result 1 in the future as to what, if anything, was intended to be covered by that language. Accordingly, we would request that the italicized language above be deleted from the plat. Thanks for letting us review and comment on the plat. Please keep me advised as to the status of the subdivision process. Mark Mark A. Hermundstad Williams, Turner & Holmes, P.C. Mailing Address: P.O. Box 338, Grand Junction, Colorado 81502 Physical Address: 200 North 6th Street, Suite 103, Grand Junction, Colorado 81501 Telephone: 970/242-6262, ext. 235 Cell Phone: 970/623-1208 Fax: 970/241-3026 E-mail: mherm(cwth-law.com From: Hammond, Barney L. [mailto:Barney.Hammond@encana.com] Sent: Wednesday, January 30, 2013 10:04 AM To: Mark Hermundstad Subject: FW: Tipping Subdivision Exemption (1-29-13) From: Ted Taggart [mailto:ted@wasatchsurveying.com] Sent: Tuesday, January 29, 2013 12:25 PM To: Hammond, Barney L. Subject: Tipping Subdivision Exemption (1-29-13) Barney, This is the updated Exemption Plat for your review. We will add anything new once the updated Title work is received. Thanks, Ted Taggart, PLS Wasatch Surveying (307) 679-0759 cell This email communication and any files transmitted with it may contain confidential and or proprietary information and is provided for the use of the intended recipient only. Any review, retransmission or dissemination of this information by anyone other than the intended recipient is prohibited. If you receive this email in error, please contact the sender and delete this communication and any copies immediately_ Thank you. http://www.encana.com 2