HomeMy WebLinkAbout1.0 ApplicationAPPLICATION
SPECIAL USE PERMIT
Date: March 13, 1992
Applicant: Colorado Clean Fuels
Address of Applicant:9085
East Mineral Circle, Suite 350
Englewood, Colorado 80112
Special/Conditional Use:
To use existing industrial support facilities and to establish new or
modified industrial support facilities fur i11US Lid upwidL_Lulls, specifi-
Llllaberiftoilyinion of liquid hydrocarbons from natural gas.
See attached legal description (Appendix A)
Practical Description (location with respect to highways, county
roads, and residences):
The permit area is located at the site of the Unocal upgrade facility
located approximately two miles northwest of Parachute, Colorado
between Parachute Creek and County Road 215.
Requirements:
1. Plans and specifications for proposed use (hours of
operation, no. of vehicles/day, location and size of
structures, etc.).
2. Existing or proposed method of sewage, source of disposal
and water. Road access and other information deemed
necessary to explain proposed use.
3. A vicinity map drawn to scale depicting the subject
property, location, and use of building and structures on
adjacent lots.
4. An impact statement on the proposed use where required by
Sections 5.03-5.03.12 of Zoning Regulations.
5. A copy of Assessor's map showing property; and a listing
of all adjoining property owners of said property.
6. A base fee of $ HOo • oo shall be charged for each
application and shall be submitted with the application,
additional charges may be imposed if County review costs
exceed the base fee.
7. Attach a copy of proof of ownership for your property
(deed, title insurance).
If public notice is required, notice provided by the Planning
Department shall be sent out at least five (5) days prior to
hearing by return -receipt mail to all the above noted adjoining
property owners. Mailing is the applicant's responsibility and
proof of mailing must be presented at the hearing. Additionally,
the same notice shall be published one (1) time in the official
County newspaper at least fifteen (15) days prior to such hearing
date. Applicant shall bear the cost of publication and be
responsible for presenting the "Proof of Publication" at the
hearing.
The ahnve infnrmstinn is r_nrrPrt t.n the hAst of my knnb,lAnna.
COLORADO CLEAN FUELS
March 13, 1992
Garfield County Board of County Commissioners
Garfield County Courthouse
109 8th Street
Glenwood Springs, Colorado 81601
RE: Colorado Clean Fuels
Special Use Permit Application
Dear Commissioners:
You will find submitted herewith an application for a Garfield County Special Use
Permit for industrial operations, specifically the production of liquid hydrocarbons from
natural gas. The industrial operations are to be located at the oil shale upgrade facility
owned by Union Oil Company of California, dba "Unocal". A letter from Unocal consenting
to this application is also submitted herewith.
Pursuant to Section 9.03.01(3) of the Garfield County Zoning Resolution of 1978 as
amended, please refer to the Special Use Permit Application, particularly the Project
Description, which explains, in detail, the nature and character of the Special Uses being
requested. The supporting information required by the Zoning Resolution is also found in
the application.
The Colorado Clean Fuels project will utilize only a portion of the existing industrial
facilities and will result in a less intensive land use. The Colorado Clean Fuels project and
the Unocal upgrade facility operations may be generally compared as follows:
• Unocal is authorized to produce 10,000 barrels per day (BPD) of upgraded shale oil
compared to 4,500 BPD of liquid hydrocarbons to be produced by Colorado Clean
Fuels.
Page 1 of 2
9085 East Mineral Circle, Suite 350
Englewood, Colorado 80112
Phone: (303) 792-3037
Fax: (303) 792-5603
27405 Puerta Real, Suite 390
Mission Viejo, California 92691
Phone: (714) 582-0373
Fax: (714) 582-0842
• The character of the area is established. Colorado Clean Fuels will not be changing
the basic use of the upgrade facility. In essence, the process changes proposed by
Colorado Clean Fuels are technical modifications of the facility.
• The Colorado Clean Fuels process is simpler than the Unocal process, utilizing fewer
steps which are generally less complex than the steps in the Unocal process.
• Fewer process areas and less equipment will be utilized by the Colorado Clean Fuels
process.
• The Colorado Clean Fuels project will employ 21 operating and administrative
employees compared to the 150 Unocal employees who worked at the upgrade site.
Even the peak construction employment of 110 is less than the Unocal operation.
Time is of the essence in the permitting, and construction of the facilities required
for the Colorado Clean Fuels project. Consequently, and in light of the fact that the basic
land uses will remain the same and that fewer land uses will be established and utilized than
are currently permitted at the upgrade facility, it is respectfully requested that the Board
forgo referral of this application to the Garfield County Planning Commission and set a date
for the public hearing before the Board forthwith. Your consideration of this request is
greatly appreciated.
Colorado Clean Fuels looks forward to working with the County staff and the Board
of County Commissioners as this project is reviewed and comes to fruition. If you have any
questions or require additional information, do not hesitate to contact me.
Very truly yours,
Robert A. Downey
Executive Director
Page 2 of 2
GARFIELD COUNTY
SPECIAL USE PERMIT APPLICATION
Submitted to:
Board of County Commissioners
Garfield County, Colorado
Submitted by:
Colorado CIean Fuels
9085 East Mineral Circle, Suite 350
Englewood, Colorado 80112
March 16, 1992
Peter D. Nichols
General Manager
Unocal Energy Mining Divi,
Unocal Corporation
2717 County Road 215
Parachute. Colorado 81635
Telephone (303) 285-7600
UNOCAL*
March 4, 1992
Board of County Commissioners
Garfield County
109 8th Street
Glenwood Springs, CO 81601
Dear Members of the Board of County Commissioners:
Union Oil Company of California, dba "Unocal," has received and
reviewed a copy of Colorado Clean Fuels' Application for a
Special Use Permit to use existing industrial support facilities
and to establish new or modified industrial support facilities
for industrial operations, specifically the production of liquid
hydrocarbons from natural gas ("Application").
Unocal is the owner of the property located in Garfield County
commonly referred to as the Upgrade Plant of the Parachute Creek
Shale Oil Project, as described in Appendix A of the Application.
Unocal has entered into a letter of intent with Colorado Clean
Fuels, a Colorado Corporation, to lease for up to 15 years, with
an option to purchase, the Upgrade Plant for the purposes
described in the Application.
Unocal consents to Colorado Clean Fuels submission of the
Application to the Garfield County Board of County Commissioners
for review, comment and approval, and designates Colorado Clean
Fuels as Unocal's agent for the purpose of submitting and
processing the Application in accordance with applicable laws and
regulations.
Very truly yours,
/94J o„A
COLORADO CLEAN FUELS SPECIAL USE PERMIT APPLICATION
TABLE OF CONTENTS
Section Page
INTRODUCTION 1
Application Request 1
Existing Resolutions and Permits 2
PROJECT DESCRIPTION 3
Preface 3
Site Location 3
Site Description 4
Project Description 4
Process and Product Storage 4
Schedule and Work Force 10
Land Uses 11
Product Transport 13
Hours of Operation 14
Administrative Buildings 14
Colorado Clean Fuels
03/16/92
Section Page
GARFIELD COUNTY ZONING REQUIREMENTS 15
INDUSTRIAL OPERATIONS (§5.03.07) 15
*5.03.07 (1) Impact Statement 15
*5.03.07 (2) Traffic 16
§5.03.07 (3) Buffering of Adjacent Land 16
*5.03.07 (4) Additional Information 16
*5.03.07 (5) Rehabilitation 17
§5.03.07 (6) Waiver of Impact Statement 17
INDUSTRIAL PERFORMANCE STANDARDS (§5.03.08) 17
*5.03.08 (1) Sound 17
§5.03.08 (2) Vibration 18
§5.03.08 (3) Emissions - Air 18
§5.03.08 (4) Emissions - Other 18
§5.03.08 (5) Buildings and Storage 19
*5.03.08 (6) Water Quality 19
*5.03.12 Access Routes 20
Relationship to the Comprehensive Plan 20
Colorado Clean Fuels ii 03/16/92
LIST OF TABLES
Table Page
Table 1. Unocal Upgrade Facility Resolutions 2
Table 2. Colorado Clean Fuels Products and Production Rates 9
Table 3. Upgrade Facility Tankage Use Comparisons 10
Table 4. Work Force Estimates by Quarter 11
LIST OF FIGURES
Figure Page
Figure 1 - Vicinity Map 5
Figure 2 - CCF Process Flow Diagram 7
Figure 3 - Unocal Process Diagram 8
Figure 4 - Site Plan 12
Colorado Clean Fuels iii 03/16/92
APPENDICES
A - Legal Description, Proof of Ownership, Assessor's Map
B - Garfield County Resolutions
81 - 11 Upgrade Facilities
81 - 12 & 81 - 281 Railroad Spur
82 - 186 Truck Loading Facility
82 - 158 Electric Transmission and Substation
82 - 145 Pipeline Corridor
86 - 30 Floodplain Permit
C - Environmental Permits
Colorado Clean Fuels
iv 03/16/92
INTRODUCTION
APPLICATION REQUEST
By this application, Colorado Clean Fuels is requesting authorization for and issuance
of a Garfield County Special Use Permit(s) to use existing industrial support facilities and
to establish new or modified industrial support facilities for industrial operations,
specifically, the production of liquid hydrocarbons from natural gas. The requested land
uses and associated operations and processes are described in the Project Description section
of this application.
The liquid hydrocarbons to be produced by Colorado Clean Fuels include methyl
alcohol (methanol), diesel fuels, naphtha, and Fischer-Tropsch (F -T) wax, all of which will
be produced from natural gas. The maximum production of the liquid hydrocarbon products
requested in this application is 4,500 barrels per day (BPD).
The location of the land uses included in this application is the site of the Unocal
shale oil upgrade plant north of Parachute. Colorado Clean Fuels will operate the facility
under the terms of a lease -purchase agreement with Unocal. It is important to note that
the basic land uses associated with the Colorado Clean Fuels operation are currently in
place at the Unocal upgrade facility. The process employed by the applicant will utilize
much of the existing Unocal upgrade facility as well as the existing truck loading facility,
railroad spur, natural gas pipeline and power line. Usage of the facility as a whole will be
reduced from levels experienced when Unocal was in operation. A much smaller work
force, reduced levels of pollutants, production of more environmentally benign products and
lower production levels all contribute to less intensive land uses in the permit area. To the
extent that Colorado Clean Fuels will be utilizing previously authorized land uses and
facilities, those facilities and uses are not specifically incorporated within this application
except in those instances where modifications to the facilities or operating procedures are
necessary. Unocal will be transferring Garfield County Special Use Permits to Colorado
Clean Fuels and Colorado Clean Fuels will be operating the facilities at the upgrade plant
for the duration of its lease agreement with Unocal.
The requested land uses included in this application are additional to the uses
previously authorized by Garfield County for Union Oil Company of California (Unocal)
in various resolutions. This application does not constitute a revision, revocation or
substitution of permits issued or resolutions approved by Garfield County pursuant to
previous applications by Union Oil Company of California. However, it should be
understood that Unocal will not be upgrading any shale oil at the facility during the lease
period.
Colorado Clean Fuels 1 03/16/92
In addition to the modifications of the upgrade facility, Resolution 82-186 which
authorized the truck loading facility may also need to be amended. The application
referenced in Resolution 82-186 authorized Unocal to ship 10,000 barrels per day (BPD)
of syncrude from the upgrade facility [please refer to Resolution 82-186 in Appendix B].
By this application Colorado Clean Fuels requests that Resolution 82-186 be amended to
allow shipment of other liquid hydrocarbons from the truck loading facility; specifically,
methyl alcohol (methanol), diesel fuels, and naphtha. Authorization to ship Fischer-Tropsch
(F -T) wax by truck is also requested although the F -T wax will be loaded directly from the
storage tank into the truck transports. The total amount of liquid hydrocarbons to be
shipped by truck from the site will not exceed the equivalent of 4,500 BPD.
Feng Resolutions and Permits
The Colorado Clean Fuels Project will utilize existing land uses previously approved
by Garfield County. Those land uses include the Unocal upgrade facility, the 230,000 volt
power line, the natural gas line serving the upgrade facility, the rail spur serving the upgrade
facility and the truck loading facility at the upgrade facility. The Garfield County
Resolutions authorizing the land uses are shown in Table 1.
Table 1. Unocal Upgrade Facility
Garfield County Land Use Resolutions
Land Use Resolution
Upgrade Plant 81-11
Railroad Spur 81-12 & 81-281
Power Line 82-158
Truck Loading Facility 82-186
Pipeline Corridor 82-145
Floodplain Permit 86-30
Appendix C contains a list of other permits associated with the upgrade facility.
Those permits will be transferred to Colorado Clean Fuels. A summary of the transfer
process is also included in Appendix C.
Colorado Clean Fuels
2 03/16/92
PROJECT DESCRIPTION
Preface
The purpose of this project description is to provide the reviewer or reader with an
understanding of the Colorado Clean Fuels Project (CCF) in terms of the land use activities
that will occur; the scale of the project; and the general project schedule.
The facilities and land uses included in the Colorado Clean Fuels Project are located
at the site of the Unocal shale oil upgrade plant northwest of the Town of Parachute. The
process utilized by the applicant will use most of the existing Unocal upgrade facility as well
as the existing truck loading facility, railroad spur, natural gas pipeline and power line.
Consequently, references to previously submitted applications, information or testimony
presented by Union Oil Company of California will be noted as appropriate. To the extent
that Colorado Clean Fuels will be utilizing previously authorized land uses and facilities,
those facilities and uses are not specifically incorporated within this application except in
those instances where modifications to the facilities or operating procedures are necessary.
Unocal will be transferring Garfield County Special Use Permits to Colorado Clean Fuels.
The requested land uses included in this application are additional to the uses
previously authorized by Garfield County for Union Oil Company of California (Unocal)
in various resolutions. This application does not constitute a revision, revocation or
substitution of permits issued or resolutions approved by Garfield County pursuant to
previous applications by Union Oil Company of California. However, it should be
understood that Unocal will not be upgrading any shale oil at the facility during the Iease
period.
By this application, Colorado Clean Fuels is requesting authorization and issuance
of a Garfield County Special Use Permit to use existing industrial support facilities and to
establish new or modified industrial support facilities for industrial operations, specifically,
the production of liquid hydrocarbons from natural gas. Subsequent sections of the
application satisfy the requirements of the Garfield County Zoning Resolution pertaining
to such uses.
Site Location
The facilities and land uses encompassed by the Colorado Clean Fuels Project are
located at the site of the Unocal shale oil upgrade plant approximately two (2) miles
northwest of Parachute, Colorado. The legal description of the facility site is included in
Appendix A. Unocal will retain ownership of the land which will be leased to Colorado
Clean Fuels under the terms of a long term lease -purchase agreement.
Colorado Clean Fuels
3 03/16/92
Unocal will retain ownership and sole control of a portion of the site originally
authorized, by Garfield County Resolution 8141 for the upgrade plant. The retained land
encompasses the Active and Inactive Basins and Retention Ponds #1 and #2 used in the
Unocal operation of the upgrade plant and other facilities and undeveloped property. The
ponds, basins and other areas are not required for the Colorado Clean Fuels Project. The
area encompassed in this application is approximately 241.23 acres in size.
Colorado Clean Fuels will also use the existing railroad spur which is located in a
corridor extending from the upgrade plant to the main railroad line at Parachute, the
existing 230,000 volt power line and the existing natural gas line located in the pipeline
corridor. These facilities were constructed pursuant to Garfield County Special Use Permits.
Appendix B lists the County Resolutions authorizing these land uses.
The existing truck loading facility, located south of the upgrade plant, will also be
utilized by the Colorado Clean Fuels Project. The legal description of the truck loading
facility is included in the overall facility legal description in Appendix A.
Figure 1 is a vicinity map indicating the locations of the upgrade facility site.
Site Description
The facility, truck loading facility and railroad spur are located in the Parachute
Creek valley. The project facilities, to be permitted by this application, are located between
Parachute Creek and Garfield County Road 215 which both run generally in a north -south
direction through the valley. The terrain is characteristic of the valley floor - draining
towards Parachute Creek across relatively uniform slopes interspersed with gently rolling
hills and gullies. The valley floor gives way to steeply sloping lands and escarpments.
The land uses in the immediate area of the facilities are industrial and ranch lands
owned by Unocal.
Project Description
Process and Product Storage
The Colorado Clean Fuels Project is designed to manufacture methyl alcohol
(methanol) and other clean -burning liquid hydrocarbon products including ultra -clean
smokeless diesel fuel, premium grade naphtha, and Fischer-Tropsch (F -T) wax, from natural
gas. The procedures to be employed are fairly simple, well-established and currently in
operation in numerous plants around the world. Figure 2 is a process flow diagram of the
manufacturing process. The Letters in brackets refer to the letters in the process flow
diagram.
Colorado Clean Fuels 4 03/16/92
tri -ua � s s. /f /A 1 411
" 1"1"4-) - -'. ' r" 1,, F
,� (s�°,
),) .(' Alfa' Y
r! c1):11,
IS
I
�f(.%
_3:5-1,p-2--','
(11//
To synthesize methanol from natural gas, the natural gas is first input into a steam
reformer. In the reformer [A], high pressure, high temperature steam reacts with the
natural gas (which is mostly methane) to re-form into molecules of carbon monoxide,
hydrogen, and carbon dioxide. The carbon dioxide is stripped from this exit stream and
recycled through the reformer for conversion into carbon monoxide. The hydrogen and
carbon monoxide gas mixture, collectively called "synthesis gas" [B], is then introduced into
a cylindrical vessel containing a metal catalyst, called a "methanol synthesis Ioop" [C].
In the presence of the metal catalyst within the methanol reactor, the synthesis gas
molecules undergo an exothermic chemical reaction and recombine to form molecules of
methyl alcohol (methanol) and water. The small amount of unreacted carbon monoxide is
removed and directed to another synthesis loop. The water exits the methanol reactor in
the form of high-pressure steam which can be utilized to provide process and utility heating
for the facility and possibly for the generation of electrical energy for the facility and other
external applications.
The methanol is directed from the reactor to a two -column distillation loop [D]
where entrained water molecules are separated from the methanol to yield an "AA" grade
methanol product. The methanol product is then stored in existing storage tanks [E] prior
to loading into clean tank rail cars for shipping. Deliveries and transfer of ownership to the
purchaser will take place in the tank rail cars at the rail siding. There will not be any rail
car preparation, cleaning, or other related shipping activities conducted at the plant. No
methanol will be stored in rail cars at the facility.
A second natural gas stream [F] and a supply of pure oxygen are introduced into a
partial oxidation reaction (PDX) vessel [G]. In the PDX vessel, under high pressure and
temperature conditions, the oxygen and natural gas react to form synthesis gas (CO + H2).
The excess (unreacted) carbon monoxide gas from the methanol synthesis Ioop is combined
with the synthesis gas stream at this point and this combined synthesis gas stream is directed
to another catalytic reactor vessel [H], similar in operation to the methanol synthesis loop.
In this reaction, the synthesis gas passes through a slurry containing an iron -based catalyst
suspended in a liquid wax. As the synthesis gas passes by the catalyst, the catalyst causes
it to re-form into long hydrocarbon chain molecules having single chemical bonds (saturated
hydrocarbons). These liquid hydrocarbons emerge from the reactor vessel as a very special
light, sweet crude oil M. This oil is then directed to a three column distillation loop where
the oil is distilled into three (3) individual saturated hydrocarbon chain components; a
premium naphtha, an ultra -pure clean burning diesel fuel, and a special F -T wax. The F -T
wax has unique properties that are particularly valuable to certain industries, such as the
food processing industry. The diesel fuel, F -T wax and naphtha will each be stored at the
plant in dedicated storage tanks [K] until shipped via truck or rail car.
The process utilized by the Colorado Clean Fuels project is simpler than the shale
oil upgrade process used by Unocal at the site. Figure 3 is a diagram of the Unocal process.
The crude shale oil upgrading process required the removal of ammonia, arsenic and sulfur.
Since the natural gas being processed by CCF does not contain significant amounts of those
Colorado Clean Fuels
6 03/76/92
Nat.
Gas
-►
Natural
Gas
Colorado Clean Fuels
Parachute Creek Project
Simplified Process Flow Diagram
Oxygen
A
Steam
G
Partial
Oxidation
Vessel
Steam
H
Fischer-
Tropsch
Synthesis
Loop
Reformer
-OP-
Reformer
--►
y B
Distillation
--- Electricity
r-----------
Steam turbine Generator
c
Methanol
Synthesis
Loop
Distillation
K
Storage
E
Storage
Truck
Rail
Figure 2
Crude
Shale Oil
Filtering
Arsenic Removal
Unocal Upgrade Facility
Simplified Process Flow Diagram
Natural
Gas
Pretreating
Reformer
C'
Gas
Treating
Truck
Shipment
Unlcracking
Dewatering
Syncrude
Storage
Sulfur
Ammonia
Jr
Figure 3
chemicals, the Unocal facilities designed to remove them will not be used. The de-
arsenator, Unicracker, Unifiner, dewatering equipment, pretreatment facilities, sulfur and
ammonia removal equipment used in the Unocal process will not be required for the CCF
process. Unocal catalytic processes were different than the CCF process and different
catalysts are used in each process.
Total liquid volumes to be produced by the facility will be approximately 4,500
barrels per day, well below the design and permit maximums of 10,000 barrels per day.
Table 2. Colorado Clean Fuels Products and Production Rates
Product Daily Production (in barrels)
Methyl Alcohol (methanol) 4,200
Diesel fuel 138
Premium grade naphtha 51
Fischer-Tropsch (F -T) wax 111
Total production 4,500
The process and the processing equipment at the facility do not generate any toxic
or hazardous materials. Air emissions are limited to the hydrogen reformer, the auxiliary
boiler, and the storage tanks. The air emission levels are at or below emission levels for the
existing equipment and, hence at or below the standards authorized by the current facility
air permits. The water produced during the process will be used within the plant. There
will not be any water or other effluent discharges from the plant.
The catalysts used to make methanol and the F -T liquids must be periodically
replaced. The spent catalyst will be shipped to the catalyst suppliers for regeneration and
re -use.
Natural gas used by the facility will be supplied from existing producing wells and will
be delivered via the existing, operational pipelines currently serving the plant.
The existing storage tanks will be utilized for storage of the various products
produced by Colorado Clean Fuels at the facility. Table 3 is a summary comparison of the
existing tankage at the upgrade facility indicating its usage by Unocal and the proposed
usage by Colorado Clean Fuels.
Colorado Clean Fuels
9 03/16/92
Table 3.
Upgrade Facility Tankage Use Comparison
Tank Size (barrels)
145,000
145,000
50,000
50,000
5,000
5,000
5,000
1,300
Unocal Use
Crude shale oil storage
Crude shale oil storage
Oil product storage
Oil product storage
Flushing oil tank
Recovery oil tank
Oily water tank
Caustic tank
CCF Use
Reserved - no use
currently planned
Reserved - no use
currently planned
Methanol storage
Methanol storage
Naphtha product storage
Diesel product storage
Diesel product storage
Wax product storage
Schedule and Work Force
Construction is expected to commence by July, 1992 and will continue for
approximately ten to twelve (10 - 12) months. Much of the construction activity will consist
of refitting piping and control systems to accommodate the different flow rates and
production techniques. Vessels required for the CCF process will be constructed as will the
waste heat recovery system.
At no time during the construction or operation of the Colorado Clean Fuels project
will the project work force exceed two hundred (200) or more employees. Consequently,
the provisions of *5.08 of the Garfield County Zoning Resolution - Fiscal Impact Mitigation
Program are not applicable. Initial production and operation will begin about June, 1993.
Table 4 indicates the work force estimates.
Colorado Clean Fuels
10 03/16/92
Table 4. Work Force Estimates by Quarter
Quarter Construction Operations Total
2nd Qtr. 1992 0 4 4
3rd Qtr. 1992 40 4 44
4th Qtr. 1992 90 4 94
1st Qtr. 1993 110 10 120
2nd Qtr. 1993 110 21 131
3rd Qtr. 1993 & beyond 0 21 21
Land Uses
To the casual observer, the facilities will not be changed - the basic appearance will
be the same, i.e. the facility is and will remain a large, clean, industrial facility. Indeed the
most prominent land uses ( the storage tanks, administration buildings, truck loading facility,
rail loadout, rail spur, and general infrastructure) will not be changed except for controls
and piping modifications.
Additional equipment to be erected at the site includes the F -T vessel (used in the
production of the F -T products), methanol synthesis loop and PDX vessels. The storage
tanks may require some modification specifically the addition of heating capabilities and
equipment for direct truck loading from the storage tank containing the F -T wax.
A waste heat recovery system will occupy an area of approximately 100 x 150 feet.
The waste heat recovery system will use excess high-pressure steam produced by the
processing equipment to provide process and utility heating for the facility and possibly for
the generation of electrical energy for the facility and other external applications.
Figure 4 is a site plan showing the major land use features of the facility as it will be
used by CCF.
Colorado Clean Fuels
11 03/16/92
C
77
J
1 fffn ff1° ��
L „ v J
„In
f,p jouti,n / ff.0
flNf' //
�T1LIfY�ORRIGOR / GE}lORaIOpO
' Vff p1, Rf. aj
�VSOR A0,„,,,,„:„...„,,,t,:,, �aNMPlatill o —_
pAp- NJ �� 5
0
0 -If
/ \ i►°r—o �� //r`��> uw r.ea _\ �1A� fr.e /� n+w /ua r.o-r�
EXPLANATION
ROAD
RAILROAD
—'—'-- FENCE
= STREAM
SPOT ELEVATION
HORIZONTAL CONTROL
y� VERTICAL CONTROL
I STATE PLANE COORDINATE SYSTEM
NO. DESCRIPTION
NOTEPOTABLE WATER TREATMENT FACILITIES
LOCATED IN PUMP HOUSE.
NO. DESCRIPTION
DATE BY APPVD. BY
COLORADO CLEAN FUELS
1 1,M1411N1..1
...• . •11, 1.1 • . •M..I fed, AM, 1.m1/nil'AM. :..F ,rtr.IIv1 MI m• IIn....11%�f1...1W
Figure 4
ATE
CR* BT.
0410 BT
n PPY0 97:
200
200 400
PAAVrrMG BO REY
B00027
Product Transport
As noted previously, the methanol will be, for the most part, shipped by rail from the
facility. The principal market for the methanol is west coast refineries for blending with
gasoline to provide a cleaner burning fuel. The truck loading facility is designed in such a
manner that methanol can be also shipped by truck. Any truck transport of methanol will
be minimal although CCF may need to ship by truck in the event of disruption of rail
service or to meet intermittent requirements of smaller customers primarily in the Rocky
Mountain region.
The rail cars each have a capacity of 30,000 gallons (714 barrels). It is most likely
that the trains will be assembled in 100 car "unit trains". Two to three (2 - 3) such trains
per month will be required for product transport. Smaller train configurations may also
serve the facility, however, the overall shipment of product will be limited by the 4,200
barrel per day methanol production capabilities of the facility. Alternatively, the methanol
can be transported by truck. Unocal was authorized to transport 10,000 BPD of syncrude
from the truck loading facility. CCF transport of the daily methanol production would
require about 24 truck trips from the truck loading facility.
The F -T wax will be shipped by truck in special trailers designed for that purpose.
The F -T wax transport trucks will be loaded directly from the heated wax storage tank which
will be modified to add truck loading capabilities. The existing truck loading and rail
loading facilities contain spill control systems and fire safety equipment. Those capabilities
will be added to the F -T wax truck loading area. The equivalent of approximately one truck
load of F -T wax every three days will be required to transport the daily production.
The naphtha and diesel fuel will also be shipped by truck using the existing truck
loading facility. Three trucks every four days is required to haul the daily production of
diesel fuel. The daily production of naphtha can be transported at the rate of about two
trucks every three days.
Tractor -trailer truck combinations will have 180 barrel capacities. The trucks will
travel between the facility and the Interstate 70 interchange at Parachute via County Road
215. It is important to note that the traffic on County Road 215 resulting from the product
transport will be a small fraction of the Unocal truck traffic (CCF = approximately 1 2/3
trucks per day on the average since it is anticipated that the methanol will be shipped by
rail). The Unocal operations employee traffic has decreased to a few trips per day as a
result of the suspension of oil shale activities.
The products will be sold, FOB, at the plant. The purchasers will be responsible for
providing rail cars and truck trailers for product transport. No cleaning of trucks or rail cars
will be permitted at the site.
Colorado Clean Fuels 13 03/16/92
Hours of Operation
The facility will be operated 24 hours per day, every day of the year.
Administration Buildings
Colorado Clean Fuels will not occupy the existing main administration building at this
time. Since the number of employees will be a small fraction of the Unocal operation, the
existing offices in the maintenance and shop areas will accommodate the CCF administrative
staff. Bottled drinking water for the administration buildings and for the remainder of the
upgrade facility will be provided as it has been for the Unocal operation.
Sewage disposal will be the same as for the Unocal operation. Sewage waste will be
collected in existing sealed vaults which will be pumped and sewage wastes removed from
the site, on an as -needed basis, by licensed commercial sewage haulers. The Unocal sewage
waste was transported to the Town of DeBeque for disposal and treatment in the Town's
treatment facility.
Colorado Clean Fuels 14 03/16/92
GARFIELD COUNTY ZONING REQUIREMENTS
This section addresses specific information requirements of the Garfield County
Zoning Resolution. The section numbers refer to the relevant sections of the Zoning
Resolution.
INDUSTRIAL OPERATIONS
(Section 5.03.07)
Section 5.03.07 (1) Impact Statement
The upgrade facility will be operated by Colorado Clean Fuels in compliance with
all applicable laws and regulations of Garfield County, the State of Colorado and the United
States government. The location, scope of the project, design, construction schedule
operating characteristics of the Colorado Clean Fuels Project are described in the Project
Description section of this application. Usage of the facility as a whole will be reduced from
levels experienced when Unocal was in operation. A much smaller work force, reduced
levels of pollutants, production of more environmentally benign products and lower
production levels all contribute to less intensive land uses in the permit area. Extensive
discussions of the upgrade facility are included in the original application for the upgrade
facility and particularly in the Environmental Report Proposed Shale Oil Upgrading Plant
dated August, 1980 and revised in October, 1980. A copy of the report is Iocated in the files
of the Garfield County Department of Regulatory Offices.
(A) The construction and operation of the project will not have an adverse effect on
existing water rights through depletion or pollution of surface run-off, stream flow or ground
water. A Colorado Department of Health Discharge Permit (NPDES) has been issued for
the upgrade facility. [Refer to Appendix C]. The NPDES permit is a "zero -discharge"
permit. Colorado Clean Fuels will continue to operate the facility in the same fashion as
Unocal; i.e. as a zero -discharge plant. The Colorado Department of Health (NPDES)
permit for the facility is being transferred from Unocal to Colorado Clean Fuels. The lease -
purchase agreement between Colorado Clean Fuels (CCF) and Union Oil Company of
California (Unocal) provides for the utilization by CCF of 800 gallons per minute of water
owned by Unocal, to be drawn from existing water supply wells currently in use by Unocal.
(13) The development and operation of the Colorado Clean Fuels Project will not have
an adverse effect on the use of adjacent land through the generation of vapor, dust, smoke,
noise, glare or vibrations. The facility will be operated in virtually the identical manner as
it was operated by Unocal for the past several years. Many of the major process equipment
items previously in use at the plant that were responsible for the great majority of air
emissions, odors, noise, vibration and glare, will not be used by Colorado Clean Fuels in its
Colorado Clean Fuels 15 03/16/92
processes and, thus, the total levels of such emanations will be significantly reduced. The
adjacent land is industrial or ranch land.
(C) The Colorado Clean Fuels Project will not have increased adverse effects on
domestic animals or wildlife through the creation of hazardous attractions, alteration of
existing native vegetation, blockade of migration routes or use patterns. These impacts were
originally addressed in the aforementioned Environmental Report. The plant site is fenced.
Section 5.03.07 (2) 'Traffic
The Colorado Clean Fuels Project will employ less than one-sixth the employees that
worked at the upgrade facility when operated by Unocal (21 for CCF versus about 150 for
Unocal). Even during construction, the peak employment traffic generation will be less than
the daily traffic generated by the Unocal operation. The employee associated traffic
generated by the CCF project will be proportionately less.
In addition, Unocal was authorized to ship 10,000 BPD of syncrude by truck from the
facility. The CCF project will produce only 4,500 BPD of product. The methanol which
comprises about 93% of the total production will be mostly shipped by rail. Periodic (for
methanol trains; 2 - 3 times per month) delays due to rail traffic crossing County Road 215
will be encountered. A detailed discussion of the environmental effects of the Unocal
(10,000 BPD) truck transport operation is found in the Environmental Report Supplement
Union Shale Oil Upgrading Plant submitted to the County as part of the truck loading
facility Special Use Permit application.
In terms of structural capabilities and horizontal and vertical alignment, County Road
215, which is the principal access to the site, is capable of handling far greater traffic loads
than will be generated by the CCF project.
Section 5.03.07 (3) Buffering of Adjacent Land
The property is adjacent to ranch land and industrial facilities. Unocal intends to
continue managing its ranch lands which serves as an effective buffer for other land uses.
The nearest residence (which is owned by Unocal) to the facility is located approximately
800 - 1000 feet from the northernmost corner of the permit area.
Section 5.03.07 (4) Additional Information
The applicant shall comply with any requests of the Board of County Commissioners
for additional information.
Colorado Clean Fuels 16 03/16/92
Section 5.03.07 (5) Rehabilitation
The existing facility is owned by Unocal. Colorado Clean Fuels will enter into a
lease -purchase agreement with Unocal. Any obligations for site rehabilitation will remain
with Unocal unless the facility is purchased by Colorado Clean Fuels at which time the
rehabilitation obligations will be assumed by Colorado Clean Fuels.
Resolution 81-11 did not address the rehabilitation plan specifically but did reference
the previous Impact Statement which is applicable to the current facility. Colorado Clean
Fuels is placing substantial reliance on the previous actions by Garfield County permitting
establishment of the upgrade facility. In any event, if Colorado Clean Fuels purchases the
facility, rehabilitation of the plant site will be undertaken if the facility is decommissioned
and abandoned. The top soil from the site is stockpiled at the facility and will be reserved
for possible future rehabilitation activities.
Section 5.03.07 (6) Waiver of Impact Statement
Not applicable.
INDUSTRIAL PERFORMANCE STANDARDS
(Section 5.03.08)
Section 5.03.08 (1) Sound
The modifications to the upgrade facility requested in this application will not change
the general operating characteristics of the facilities previously approved by the Garfield
County Board of County Commissioners. The sound generated at the site will be less than
the sound levels generated by the facility when it was operated by Unocal since less
equipment will be operating.
The applicant will comply with all State noise standards. The facility will be
constructed (modified) and operated in such a manner that compliance with all sound
requirements will continue to be met at all times, in accordance with the provisions
established and complied with by Unocal pursuant to the existing permits and other
regulations pertaining to the facility. Equipment will be fitted and operated with
commercially available noise suppression devices as appropriate.
Colorado Clean Fuels 17 03/16/92
Section 5.03.08 (2) Vibration
The modifications to the upgrade facility requested in this application will not change
the general operating characteristics of the facilities previously approved by the Garfield
County Board of County Commissioners. The vibrations generated at the site will be less
than the levels generated by the facility when it was operated by Unocal since less
equipment will be operating.
The facility will be constructed (modified) and operated in such a manner that
compliance with all vibration requirements will continue to be met at all times, in
accordance with the provisions established and complied with by Unocal pursuant to the
existing permits and other regulations pertaining to the facility.
Section 5.03.08 (3) Emissions - Air
The modifications to the upgrade facility requested in this application will not change
the general operating characteristics of the facilities previously approved by the Garfield
County Board of County Commissioners. The air emissions generated at the site will be less
than the levels generated by the facility when it was operated by Unocal since less
equipment will be operating and fewer employees will be driving to the facility.
The facility will be constructed (modified) and operated in such a manner that
compliance with all air emission requirements will continue to be met at all times, in
accordance with the provisions established and complied with by Unocal pursuant to the
existing permits and other regulations pertaining to the facility.
Appendix C lists the Colorado Department of Health Air Pollution Control Division
Permits that have been issued for the facility. All applicable Federal, State and County air
quality standards will be complied with.
Virtually all of the facility site is covered with vegetation or is surfaced with asphalt
or concrete. Consequently, dust will not be blown from the site. The topsoil storage pile
is stabilized and has been revegetated for dust control.
Section 5.03.08 (4) Emissions - Other (e.g. light and glare)
The modifications to the upgrade facility requested in this application will not change
the general operating characteristics of the facilities previously approved by the Garfield
County Board of County Commissioners. The light and glare emissions generated at the site
will be less than the levels generated by the facility when it was operated by Unocal since
fewer vessels will be illuminated.
Colorado Clean Fuels 18 03/16/92
Lighting will be directed toward the working areas, away from County Road 215.
Illumination will be projected in a downward manner and, if necessary, baffled to prevent
horizontal glare. Light intensity will be kept at the minimal allowable safety standard. All
working areas and access ways are illuminated by fixed lighting.
Section 5.03.08 (5) Buildings and Storage
The modifications to the upgrade facility requested in this application will not change
the general operating characteristics of the facilities previously approved by the Garfield
County Board of County Commissioners. The existing storage areas, storage buildings,
storage tanks and administrative buildings will be used by Colorado Clean Fuels as they
were used by Unocal. However, Colorado Clean Fuels will not occupy the existing main
administration building at this time. Since the number of employees will be a small fraction
of the Unocal operation, the existing offices in the maintenance and shop areas will
accommodate the CCF administrative staff. Bottled drinking water for the administration
buildings and for the remainder of the upgrade facility will be provided as it has been for
the Unocal operation.
Spare parts and equipment will be stored in existing warehouse facilities. Product
storage will be in existing tanks as described in Table 3 in the Project Description. Existing
fire control equipment will be retained.
The facility is fenced.
Section 5.03.08 (6) Water Quality
The modifications to the upgrade facility requested in this application will not change
the general operating characteristics of the facilities previously approved by the Garfield
County Board of County Commissioners. The facility will be constructed (modified) and
operated in such a manner that compliance with all water quality requirements will continue
to be met at all times, in accordance with the provisions established and complied with by
Unocal pursuant to the existing permits and other regulations pertaining to the facility.
Appendix C lists the Colorado Department of Health Discharge Permit that has been
issued for the facility. The permit is a "zero discharge" permit, meaning that no effluent will
be discharged form the facility. All applicable Federal, State and County water quality
standards will be complied with.
Sewage disposal will be the same as for the Unocal operation. Sewage waste will be
collected in existing sealed vaults which will be pumped and sewage wastes removed from
the site, on an as -needed basis, by licensed commercial sewage haulers. The Unocal sewage
waste was transported to the Town of DeBeque for disposal and treatment in the Town's
treatment facility.
Colorado Clean Fuels 19 03/16/92
Section 5.03.08 (12) Access Routes
Access to the facility is directly from County Road 215. County Road 215 is widened
and additional lanes demarcated at the point of ingress and egress to of the facility including
the main entrance and the entrance to the truck loading facility. The access points will not
change.
County Road 215 provides direct access from the facility to the Interstate 70
interchange at Parachute. The use of County Road 215 is addressed in the Project
Description section of this application. Detailed traffic background information is contained
in the previously referenced Environmental Report Supplement Union Shale Oil Upgrading
2lant submitted to the County as part of the truck loading facility Special Use Permit
application. Traffic to and from the facility will be less than the traffic generated by the
Unocal operation due to far fewer employees and less product truck transport.
Relationship to The Comprehensive Plan
The facility is, and will remain, an industrial facility. The land use has been in
existence for several years and has co -existed with the other uses in the area which are
industrial and ranch lands. Usage of the facility as a whole will be reduced from levels
experienced when Unocal was in operation. A much smaller work force, reduced levels of
pollutants, production of more environmentally benign products and lower production levels
all contribute to less intensive land uses in the permit area. The relevant Comprehensive
Plan elements are addressed in the following subsections.
IND USTRIAL/COMMERCIAL
One of the objectives of the Garfield county Comprehensive Plan is to assure that
industrial projects be reviewed thoroughly. This application and the County Special Review
Permit review process address that objective.
Another objective encourages the development of industrial development in areas
where potential impacts are minimized and, as a policy, that industrial operations be located
where adequate transportation and utility "corridors" are available. The exiting power line,
gas and water lines, rail spur and County Road 215 satisfy the objective and policy.
AGRICULTURE
The Agricultural Goal of the Comprehensive Plan is to: "ensure that farm and ranch
activities are not forced out of production by non-agricultural uses". In fact, the facility is
adjacent to existing ranch operations which have remained in continual operation since the
construction of the facility. There will not be a reduction in the amount of agricultural land
as a result of the Colorado Clean Fuels project.
Colorado Clean Fuels 20 03/16/92
TRANSPORTATION
County Road 215 was reconstructed by oil shale developers in the early 1980s.
County Road 215 provides safe and adequate access to the facility which is the goal of the
Comprehensive Plan. The traffic generated by the Colorado Clean Fuels Project as well as
the other traffic using the road is far below the capacity of the road.
WATER AND SEWER SERVICES
The Project Description section of this application provides a description of the water
and sewer services at the facility. Water used for the industrial processes will be provided
from the existing well field, developed for that purpose, and delivered to the facility through
the existing water delivery system. Bottled drinking water will be provided to the workers
at the facility. Sewage will be held in sealed vaults until transported to a sewage treatment
plant for disposal.
ENVIRONMENT
The Comprehensive Plan objective of minimizing soil erosion has been addressed
with the development of erosion control areas where needed. Those areas were previously
approved by Garfield County and included in floodplain permit [refer to Appendix B].
Parachute Creek is protected by the erosion control areas and is further addressed in the
provisions of the water quality permits [Appendix C] in place for the project.
Maintenance of acceptable air quality is and will be demonstrated by continued
compliance with the provisions of the existing air quality environmental permits [refer to
Appendix C]. Water quality impacts are minimized since no effluent will be discharged
from the facilities.
The continued compliance with the provision of the water and air quality permits will
assure against the degradation of environmental quality which is a principal objective of the
Comprehensive Plan.
Colorado Clean Fuels 21 03/16/92
Appendix A
Legal Description
Proof of Ownership
Assessor's Map
Colorado Clean Fuels 03/16/92
ADJACENT PROPERTY OWNERS
The only property owner adjacent to the permit area is Union Oil Company of
California dba "Unocal". The Unocal acknowledgement of the Colorado Clean Fuels
request accompanies the Special Use Permit application.
LEGAL DESCRIPTION
A parcel of land located in Sections 34 and 35, Township 6 South,
Range 96 West, and Sections 2 and 3, Township 7 South, Range 96
West, of the 6th Principal Meridian, Garfield County, Colorado,
and being more particularly described as follows:
Beginning at a point on the southwesterly right-of-way limits of
Garfield County Road 215, whence the 1/4 corner common to said
Sections 34 and 35 bears N 16°15'08"W a distance of 2,536.54
feet;
thence S 38°00100"W, a distance of 200.96 feet to a chain link
fence;
thence S 50°53'31"E, a distance of 500.00 feet;
thence S 61°52'31"E, a distance of 282.81 feet;
thence S 04°50'10"W, a distance of 215.64 feet;
thence S 04°51'22"W, a distance of 698.01 feet to Parachute
Creek; thence along Parachute Creek the following courses and
distances:
N a distance of 133.78 feet;
N a distance of 107.27 feet;
N a distance of 163.64 feet;
N a distance of 115.16 feet;
S a distance of 151.16 feet;
S a distance of 152.59 feet;
N a distance of 163.78 feet;
S a distance of 254.01 feet;
a distance
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
82°00159"W,
22°18'08"W,
33°47114"W,
87°00'48:W,
63°15'56"W,
81°42138"W,
77039139"W,
81°10'05"W,
S 37°08'48"W,
S 74°58'00"W,
N 55°01'49"W,
N 21°25'52"E,
N 24°16'00"W,
N 54°36'44"W,
N 32°16'32"W,
S 78°16'09"W,
S 34°28'20"W,
S 06°05' 15"W,
N 71°22'20"W,
N 24°49'14"W,
N 02°51'45"E,
N 35°26'45"W,
N 64°41'55"W,
a distance
a distance
a distance
a distance
a distance
a distance
a distance
a distance
a distance
a distance
a distance
a distance
a distance
a distance
of 82.80 feet;
of 181.20 feet;
of 211.11 feet;
of 114.95 feet;
of 133.82 feet;
of 177.86 feet;
of 112.36 feet;
of 186.90 feet;
of 81.27 feet;
of 75.42 feet;
of 187.84 feet;
of 88.14 feet;
of 280.35 feet;
of 72.42 feet;
of 60.84 feet;
thence leaving Parachute Creek S 22°35'02"W, a distance of 611.92
feet;
thence N 67°24'58"W, a distance of 425.00 feet;
thence N 22°35'02"E, a distance of 522.00 feet to Parachute
Creek; thence along Parachute Creek the following courses and
distances:
Legal Description Page 1 of 3
N 33°13'31"W, a distance of 78.66 feet;
thence N 13°37'37"W, a distance of 101.87 feet;
thence N 58°11'26"W, a distance of 92.96 feet;
thence N 85°38'45"W, a distance of 197.57 feet;
thence N 67°42'52"W, a distance of 131.85 feet;
thence N 75°49'59"W, a distance of 106.23 feet;
thence S 77°54'19"W, a distance of 85.91 feet:
thence N 55°52'30"W, a distance of 146.17 feet;
thence S 39°22'57"W, a distance of 86.68 feet;
thence S 43°46'52"W, a distance of 99.72 feet;
thence N 38°45'56"W, a distance of 84.65 feet;
thence N 88°43'11"W, a distance of 179.04 feet;
thence leaving Parachute Creek N 00°00'00"E, a distance of 60.00
feet;
thence N 61°35'29"W, a distance of 1,223.32 feet;
thence N 03°00'46"E, a distance of 228.31 feet;
thence N 44043'06"W, a distance of 1,152.61 feet;
thence N 30°18'19"E, a distance of 634.92 feet;
thence S 47°17'36"E, a distance of 253.58 feet;
thence N 02°12'54"E, a distance of 829.71 feet to the
southerly right-of-way line of Garfield County Road 215 and to a
point on a non -tangent curve, concave to the northeast, with a
radius of 1,530.00 feet, and a chord bearing of S 47°55'35"E;
thence along said southerly right-of-way line and along said
curve through a central angle of 18°12'50", an arc distance of
486.37 feet;
thence along said southerly right-of-way line S 57°02'00"E, a
distance of 72.08 feet to a tangent curve, concave to the
northeast, with a radius of 1,370.58 feet, and a chord bearing of
S 64°04'03"E;
thence along said southerly right-of-way line and along said
curve through a central angle of 14°04'17", an arc distance of
336.60 feet, to a tangent curve, concave to the northeast, with a
radius of 2,080.00 feet, and a chord bearing of 8 76°02'10"E;
thence along said southerly right-of-way line and along said
curve through a central angle of 09°51'36", an arc distance of
357.95 feet;
thence S 80°57'53"E, a distance of 907.56 feet to a tangent
curve, concave to the southwest, with a radius of 1,405.36 feet,
and a chord bearing of S 73°34'12"E;
thence along said southerly right-of-way line and along said
curve through a central angle of 14°47'18", an arc distance of
362.73 feet to a tangent curve, concave to the southwest, with a
radius of 1,770.00 feet, and a chord bearing of S 58°35'04"E;
thence along said southerly right-of-way line and along said
curve through a central angle of 15°11'08", an arc distance of
469.12 feet;
thence along said southerly right-of-way line S 50°59'27"E, a
distance of 2,537.41 feet to the point of beginning.
The above described parcel contains 241.23 acres, more or less.
Legal Description Page 2 of 3
All bearings contained herein are based on the Union Oil Modified
Coordinate System which has a basis of bearings: N 38°46'25"W
between U.S.G.S Stations 'HURLBURT' and 'SAGE'.
The following parcels are included in the above described
parcel although the Active and Inactive Basins and the Retention
Ponds #1 and #2 will remain in the ownership and sole control of
Unocal.
Active and Inactive Basins
Beginning at a point whence the 1/4 corner common to Sections 34
and 35 bears N 00°30'07"E, a distance of 2,709.40 feet;
thence along a chain link fence the following courses and
distances:
thence
thence
thence
thence
thence
S 22°44'26"W,
N 67°26'31"W,
N 22°38'39"E,
S 67°23'57"E,
N 23°44'24"E,
S 67°37'31"E,
a distance of 308.50 feet;
a distance of 411.50 feet;
a distance of 199.48 feet;
a distance of 200.20 feet;
a distance of 108.52 feet;
a distance of 209.74 feet to the point of
beginning. Containing 2.41 acres, more or less.
Retention Ponds #1 and #2
Beginning at a point whence the 1/4 corner common to Sections 34
and 35 bears N 57°00'48"E, a distance of 2,622,57 feet; thence
along a chain link fence the following courses and distances:
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
beginning.
S 18°35'22"W,
S 85°39'59"E,
S 24°39'39"W,
S 85°31'07"W,
N 70°08'39"W,
N 69°19'40"W,
N 81°03'58"W,
N 60°41'02"W,
N 16°03'37"E,
N 45°00'21"E,
S 86°28'45"E, a
S 53°38'56"E, a
S 73°38'29"E, a
S 88°14'13"E, a
Containing 17.00 acres,
a distance
a distance
a distance
a distance
a distance
a distance
a distance
a distance
a distance
a distance
distance
distance
distance
distance
of 354.09 feet;
of 97.80 feet;
of 459.63 feet;
of 109.04 feet;
of 92.33 feet;
of 336.80 feet;
of 70.06 feet;
of 532.77 feet;
of 199.96 feet;
of 353.83 feet;
of 476.12 feet;
of 66.25 feet;
of 54.46 feet;
of 365.35 feet to
more
or less.
Legal Description Page 3 of 3
the point of
Gary R. Morris
District Land Manager
FAXED 3/10/92
Dear Dennis,
Unocal Real Estate DlvIsle^
Unocal Corporation
715 Horizon Drive, Suite 48.
Grand Junction, Colorado 81506
Telephone (303) 245-7766
uNocaLS
March 10, 1992
Dennis Stranger
Management & Planning Research
Box 1293
Glenwood Springs, CO 81602
RE: Proof of Ownership Colorado
Clean Fuels Leased Lands
The proposed leased lands to Colorado Clean Fuels Corporation includes portions of
Sections 2 and Section 3, T7S, R96W and portions of Sections 34 and 35, T6S, R96W.
Evidence of Proof of Ownership of the tracks that fall within the leased area are found at the
following Books and Pages in the county records, Garfield County, Colorado.
SECTION
BOOK
PAGE
2
294
596
3
294
591
34
&
35
326
220
Copies of the deeds vesting title to Unocal for the tracts in the above referenced lands are on
file in our offices in Grand Junction and Los Angeles.
Since>gely
eit, ((hi/C.--
Gary
R. Morris
GRM/cf
Appendix B
Garfield County Resolutions
81 - 11 Upgrade Facilities
81 - 12 & 81 - 281 Railroad Spur
82 - 158 Electric Transmission and Substation
82 - 186 Truck Loading Facility
82 - 145 Pipeline Corridor
86 - 30 Floodplain Permit
Colorado Clean Fuels 03/16/92
5TATr. OP COLQ:4:.fl0
County of Gitfi•Iri
Ate ._........... regular ...... rr..tirjnI the e.oardo
held at the Court flout* in Glenwood Sprinrs nn...i Qr:(1:1}'
-January- • .A. D. 19there w.re pre:ent:
............«...
Lax. y VcJascluc.Z..._ ...............
_.Arthur. 4,,.»10a14.1.41?.d1U.,
when the following proceedings. among others were had and done, to•wit:
r
Coaaty Commissioner t 1. t Ca:: i.•'.1 Cnaty. Colsr s
«.. ..« the 12th ...11.17o!
, Com; iuion,r C:ufnan
Com,tissiondt
Commissioner
Conry Attorney
. , Clerk of the hoard
RESOLUTION NO. 81-11
RESOLUTION CONCERNED 1'TITII THE CONDITIONAL APPROVAL OF A;: APPLICATION..
FOR SPECIAL USE PERMIT BY UNION OIL COMPANY OF CALIFORNIA.
WHEREAS, an application has.been submitted by Union Oil Company
of California for a special use permit for the purpose of a crude -
shale oil upgrading plant, in accordance with Section 9.03 of the
Garfield County Zoning Resolution, on the following described tract
of land:
Portions of Lots 7, 8, 13 and
Lot 13 of Section 35, T. 6 S.
of Section 2, Lots 1 and 2 of
R. 96 W. of the 6th P.M., not
14 of Section 34,
, R. 96 W, Lot 4
Section 3 T. 7 S.,
to exceed 80 acres
•
WHEREAS, the Board of County Commissioners of Garfield County,
Colorado, has reviewed the application, impact statement and supportir
materials submitted by applicant and received the recommendations of
the Garfield County Planning. Commission as required by Section 9.03.04
of the Garfield County Zoning Resolution; and
WHEREAS, the Board of County Commissioners has conducted a
public hearing duly advertised and 1.•.:1d in accordance with the re-
quirements of Section 9.03.04 of ".le Garfield County Zoning Resolution
regarding the question of whether the requested special use permit.
should be granted, and, if granted, whether any conditions should be
imposed upon such.special use permit, and during such hearings receive:
testimony and other evidence from the applicant' and interested partie:
and
WHEREAS, the Board of County Commissioners has considered
said application, impact statement, and supporting materials, the
recommendation of -the Garfield County Planning Commission and the
testimony and other evidence presented at said public hearing, and
based thereon, said Board of County Commissioners hereby makes. the
following findings in respect to such application, to -wit:
1. That all procedural and notice requirements set forth in
the Garfield County Zoning Resolution with respect to special use
permit applications have been met and this proceeding is properly
before this Board;
2. That said application and impact statement are complete
in all respects except as hereinafter noted, in accordance with the
provisions and requirements of Section 5.03.07 and Section 9.03.02
of said resolution, and the applicant has .paid the required fee;
3. That the proposed facility and all buildings and structures
proposed in connection therewith are in compliance with all applicablc
zoning, subdivision, building, health and sanitation regulations,
except for approval of a special use as required by Section 9.03.03
of the Garfield County Zoning Resolution;
4. That the hoard must, for purposes of analyzing the subject
application against the provisions of the Garfield County Zoning
Re::olution, establish the neighborhood which may be affected by the
EXHIBIT "A"
po:;.uiblo granting of the proposed special use permit, .4;:d further
that the Board has determined that, except as athr:rw.i.::_• note(: herein,
such neighborhood is that ar^.a of Garfield County, Colorado, within
the drainage of 1'ar:::shute Creek;
5.• That the general character of the neighborhood of the tract
proposed to be subject to the special use permit is agricultural, with
some limited residential and mineral extractive uses, all of which arc
operated in compliance with all applicable zoning, subdivision, buildi
health and sanitation regulations;
6. That landowners adjacent'to and in the area of the subject
property and the other citizens of Garfield County haat indicated conc
regarding the impact of the proposed operations upon the neighborhood
and zone district within which the proposed operations are to be
located;
7. That the impact of the proposed uses would require denial
thereof, due to impact upon the population and upon the uses and value
of adjoining properties in the neighborhood, and•upon traffic volume
.and safety caused by increased employment at the permitted facility
unless certain conditions are imposed on the proposed permit to
mitigate the impact of such uses upon traffic and public safety;
8. That the specific impacts which would require denial of
the special use permit application, unless mitigated in the manner
hereinafter provided, are as follows:
a. The increased population resulting from the project will
require monitoring in order that the various affected governmental
entities may • properly react to such population increases. •
b. The increased population will result in the demand for
housing not presently available.
c.. Housing requirements of the authorized activity are unlikely
to be satisfied by private development alone,.
d.' Transportation on Garfield Co. Rd. 215 will become con- '
gested due to increased traffic from the authorized activities.
e. The authorized project will be subject to regulation by
other governmental agencies having authority in areas shared by
Garfield County upon which regulation Garfield County must rely.
f. The increased population resulting from the project will
result in demands on the schools in School District RE -16 which will
not be defrayed by the limited tax base during the first years of
the project, and impact may result in demands upon the school in
School District RE -2 which cannot be defrayed by the limited increase
in tax base resulting from residential growth alone.
g. The impact of the proposed project upon the Town of
Parachute will result in increased demands upon municipal services
which will not be defrayed by the limited tax base during the first
years of the project.
9. That the impact of the proposed use upon the health, safet:
and welfare of the population and uses in the neighborhood require,
the imposition of certain conditions relating to monitoring of work
force and work force projections and requiring that housing, trans-
portation, schools, and law enforcement be available for prospective
employees.
10. That the imposition of conditions on the requested permit
is authorized by Section 5.03.10 of the Garfield County Zoning Rcsolu
tion and by C.R.S. 1973, 29-20-101, et seq., as amended.
-2-
N0;•;, TI!cnr.L'Q1.E, BE IT 1 ESOLVi:D by tho I',u.zr.d of County Commis-
sioners of Garfield County, Colorado:
Section 1. That the issuance oC .1 :peci.'.d ll'::: per...'_t for is
crude sh-aoc oil -upgrading plant be and hereby is authorize:.` pon the
above-described land;:, to be issued aid effective upon and c',urircr
compliance with the conditions more fully set forth herein.
• Section 2. That prior to the issuance of the subject special
use permimi- the following conditions shall be satisfied:
(i) Applicant shall obtain an ag:-::ement with School District
1.E-16 which shall provide front-end financing for a middle school
having a capacity of 225 students, which shall be ready for occupancy
by September, 1983;
(ii) Applicant shall prepay to the Town of Parachute 200
• water and sewer tap fees at $1,500 each (total payment, $500,000)
upon an agreement with the Town of Parachute by which Union will
not he restricted in its use of the taps either in time or location
within the town and by which the town will provide in a timely manner
adequate sewer and water capacity to any construction utilizing such
taps;
(iii) Applicant shall covenant and agree to comply with each
provision, condition and restriction set forth in the within Resoluti
Section 3. That the special use permit shall be subject to
the fol owing conditions:
a. The term "Applicant" as used herein shall apply to and
'bind any person, corporation, association, or other entity of .whateve
nature which assumes ownership, responsibility or control over the
proposed facility, or any part thereof;
•
b. The operation of the facility shall be in all ways con-
sistent with the commitments contained in applicant's application,
impact statement, and supporting materials; unless otherwise speci-
fically instructed or directed by this Board;•' '• . • '••• •
c. Applicant's compliance with the conditions of this Resolu-
tion and any special use permit issued pursuant hereto shall be
monitored through the Board's review thereof every six months, in
accordance with the provisions of Section 9.03.05 of the Garfield
County Zoning Resolution,
d. That the use of the tract of land comply with all present
and future regulations of Garfield County relating to industrial use:
in the zone district in which the property is now or may later be
located; which may be lawfully applied to the facility;
e. Applicant shall provide a report on its employee force
to the County every three months unless a 10% variance occurs of
projections for increase in work force and existing work force, in
which case an interim special report shall be filed. This report
shall include place of residence, type of housing (mobile home,
apartment, whether oohed or rented), number of school children,
and any similar information required by. the County.
f. Applicant will demonstrate to the County the availability
of housing for at least 801 of their work force at the time of deman
g. Applicant will provide transportation in the form of van -
pooling, busing or similar forms from its construction camp to the
crude shale oil upgrading plant site by dune 1, 1981;
h. Applicant shall substantially comply with conditions impo
by permits issued by other government agencies. Compliance shall•be
determined solely by any issuing government agency, and the County
-3-
shall not consid,-r the question of non-cornpli.anoc under thi:, condition
until a t'1r lt1.Un 1:: d. Lt.tlnii;rd 1;n have oct;lir,:cvt by latch i!r•'`'11C'f.
Applicant shall advir;e the Cuunty of any d,_;:c!L::►in,lti.on of Violation
t•:iLhitl !a•.. (10) days or the time it is advi.::.c: of any .,ager: violation.
Saeh U•_ ...:.:1 i:.lt.ion of violation may be cot red !;,' Lla•! .. .t_Cl ..� any
Limo, anti action may be ta%en at such titae�in thu manner of a period
r.c; i.:•: c:::cl•.:r the provisions of the Car'fiola County Zoning 1:r;:o.Z.utio:.,
as then in effect. In the event the Board determines that any such
violation adversely effects the health, safety or welfare of the
population of Garfield County or other uses within the zone district,
the Board may require that the permitted operation be brought into
compliance as required by law, and the permit clay be suspended or
revoked if the operation is not brought into compliance within the
period allowed.
i. Applicant will, subject to County authorization, construct
a single status camp on Applicant's property in the Parachute Creek
Valley. This camp if expanded to its maximum size would accomodate
as many as 1400 people. The Applicant shall further provide up to
245 units of rental and/or for -sale housing in the Town of Parachute,
as required by the need for housing established herein. This housing
will be a combination of mobile or portable housing and apartments.
The exact ratio will be adjusted as the housing needs become known.
If required by the need for housing established herein, Applicant
shall further provide for -sale housing in the City of Rifle, amounting
to at least 400 permanent dwellings by the summer of 1982.
j. Applicant will cooperate with School District RE -2 to
mitigate any impacts which School District RE -2 is able to identify
as resulting from the residency of employees of Applicant within the
boundaries of that school district.
k. The crude shale oil upgrading facility authorized by the
provisions of this Resolution shall be limited to an output of 10,000
barrels per day, unless otherwise authorized by the Board of County
Commissioners through the special use permit process. Applicant
shall, in association with its quarterly employee force reports,
report to the County the daily production of the facility
subsequent to the time it commences production.
• ATTEST: BOARD OF COUNTY COM1MISSIONERS
GARFIELD COUNTY, COLORADO
I 7:-....4-....ai• 6...--‘,--eLl
Deputy,ClerY sof the Board Chairman '
C/
Upon motion duly made and seconded the foregoing ResOIuLian was adopted Ly the tol:oean; vote: •
Richard C. Jolley._ _-Aye
Larry Veia scuez Ave
Ave
•
ST:.1 . OF a.N:.✓Ri.:oO
es
Caunty of.C1:1101
. 1 r
i, . l.l...�!..�.:5,.1 �..G....... �.��:...C6.County Clerk and ea officio Cfr:k of the BoarC of County Commissioners
in and for the County and State aforesaid do hereby certify That the annexed and faregoi: g Order is truly copied fra a the Records. of
the Proeeedini;s of the Iloa: d of County Commissioners for said Ca•`''d Courtly. tto.v in my at:ice.
G WIT11ESS •,HERVr. 1 have hereunto set my hand and alibied the seal of said County, at Glenwood Springs,
this :.��.� . .daYof tT,`''— 'LI (r:..t-1.r./- A. D. 19...6
1 County Clerk and eicoffieio Clerk of the Board of County Comraisiareers.
11/1-, 7 - /7, P., /s t
A
STATE OF cot.ORADO
County of Garfield
Al a rCCJl11AT nvetingoI the Ward of County Commissioners for Garfield County, Colorado,
held aL the COYrt [louse in C1e4.NMd Sj 6,1,00n Monday Om— .... ...1,..kh..._-.........day of
J 1Il Ua uy A. D. 19 81 there were present:
Richard C. .Tolley
Larry Velasquez
Arthur A. Ahp.lanalp, Jr.
�CiterX1 ,r. Rose, Deputy
when the following proceedings, among others were had and dohs, lo•wit:
Commissioner Chairman
, Cammisaoner
Comrnissiou•.r
Cuu,tty A116rney
Clerk of the Maid
RESOLUTION NO. 81-12
RESOLUTION CONCERNED WITH THE CONDITIONAL APPROVAL OF AN APPLICATION
FOR SPECIAL USE PERMIT BY UNION OIL COMPANY or CALIFORNIA.
WHEREAS, an application has been submitted by Union Oil Company'
of California for a special use permit for the purpose of a railroad
spur, in accordance with Section 9.03 of the Garfield County Zoning
Resolution, on the following described tract of land:
�o y
Portions of Sectiony, Township 7 South, Range 95
West, Sections 1, 2, 3 and 12, Township 7 South,
Range 96 West, all of the 6th P.M.
WHEREAS, the Board of County Commissioners of Garfield County,
Colorado, has reviewed the application, impact statement, and sup-
porting materials submitted by applicant and received the recommenda-
tions of the Garfield County Planning Commission as required by Section
9.03.04 of the Garfield County Zoning Resolution; and e
WHEREAS, the Board of County Commissioners has conducted a
public hearing duly advertised and held in accordance with the re-
quirements of Section 9.03.04 of tho Garfield County Zoning Resolution
regarding the question of whether the requested special use permit
should be granted, and, if granted, whether any conditions should
be imposed upon such special use permit, and during such hearings
received testimony and other evidence from the applicant and interested
parties; and
WHEREAS, the Board of County Commissioners has considered said
application, impact statement, and supporting materials, the recom-
mendation of the Garfield County Planning Commission and the testimony .
and other evidence presented at said public hearing, and based thereon,
said Board of County Commissioners hereby makes the following findings
in respect to such application, to --wit:,
1. That all procedural and notice requirements set forth in
the Garfield County Zoning Resolution with respect to special .use
permit applications have been met and"this proceeding is properly
before this Board;
2. That said application and impact statement are complete
in all respects except as hereinafter noted, in accordance with the
provisions and requirements of Section 5.03.07 and Section 9.03.02 -
of said resolution, and the applicant has paid the required fee;
3. That the proposed facility and all buildings and structures
proposed in connection therewith are in compliance t•;ith all applicable
zoning, subdivision, building, health and sanitation regulations,
except for approval of a special use as required by Section 9.03.03 •
of the Garfield County Zoning Resolution;
. .4. That the Board must, for purposes of analyzing the subject
application against tho provisions of. the Garfield County Zoning
Resolution, establish the neighborhood which may be affected by the
possible granting of the proposed special use permit, anu turtner•
that the Board has determined that, except as otherwise noted herein,
f
aucat noic,lhlu+rlt:od i:: l h.,t. ,cc c•:t c,l i;.ir + ioI,I county, Colorado, within
thu drainage of Parachute (:reek;
5. That the general charac:ter of the neighborhood of the
tract propn.:ed Lo l.t.• s;uJjec,L to the :2 .ci.;tl n cc permit is agricul-
tural, with :i0{it 1ii3;1LetI i :ifh!ut.iccl and i:+ineral extractive uses,
all o.1 which auc: c+per:tl c•a in ccxnl)l .i.anoe with all applicable zoning,
subdivision, buildiny, hca.1Lh and :;atcitaL.i.an regulations;
6. That landowner:; .cel j.ticc:nt: to and in the arca of the subject
property and the other ciLi;:n:; of G.irCi id County have indicated
concern regarding the power of applicant to exercise necessary control
over subject lands in which tho:;c: owners have an interest and the
affect and .impact of the proposed op+orat.icsns on the agricultural and
residential nature: et Lhe neighborhood, and the zone district within
which the proposed operations arc to 1)c located;
7. That the .impact of the proposed use would require denial
thereof, due to .impact upon the uses and value of adjoining properties
in the neighborhood, unless certain conditions are imposed on the
proposed permit to mitigate the impact of such uses;
8. That the impact of the proposed use upon the health, safety
and welfare of the population and uses in the neighborhood require
the imposition of certain conditionn relating to ronitoring of work
force and work force projections and requiring that housing and trans-
portation be available for prospective employees;
9. That thu imposition of conditions on the requested permit
is authorized by Section 5.03.10 of the Garfield County Zoning Resolu-
tion and by C.R.S. 1973, 29-20-101, et seq., as amended. •
NOW, THEREFORE, BE IT RESOLVED by the hoard of County Commis- .
sioners of Garfield County, Colorado:
Section 1. That the issuance of a special use permit for a
rail spur be and hereby is authorized upon the above-described lands,
to be issued and effective upon and during compliance with the condi-
tions more fully set forth herein.
Section 2. That prior to the issuance of the subject special.
use permit, thelfoilowing condition shall be satisfied:
a. Applicant shall covenant and agree to comply with each
provision, condition and restriction set forth in the within Resolutic
Section 3. That the special use permit shall be subject to
the following conditions:
a. The term "applicant" as used herein shall apply to and
bind any person, corporation, association, or other entity of whateve
nature which assumes ownership, responsibility or control over the
proposed facility, or any part thereof;
b. The operation of the facility shall be in all ways consis-
tent with the commitments contained in applicant's'application, impac
statement, and supporting materials, unless otherwise specifically
instructed or directed by this Board;
c. Applicant's compliance with the conditions of this Resolu• �I
tion and any ieeial uzc permit: .i::,:u.:.. pursuant hereto shall be moni'
tared through the: Leard's review :hereof every six months, in accord
with the provisions of section 9.03.05 of the Garfield County Zoning
Resolution;
d. That the use of the tract of land comply with all present
and future regulations of Garfield County relating to industrial use
in the zone di tt_ct in which the property is now or may later be
located,which may be lawfully applicd to the facility;
-2-
c. If the r.tt;tltr, of owners of .int:erestc in the property arc
dot:ornlinutt by final. judicial cIcc1ita ttt fret . 'nt ls;:f.utitL'•it acL.i.vi».i.es
ori :subject ncrr.ago, Lht:n [•h..: permit will its ineffective a:: to those
lands;
f. Neither this resolution rto'r. any 'crmit 1. ;nucd pursuant
thereto shall constitute any yr.tnt of right of casement; across any
County road affected hy the proposed rail spur;
g. Applicant shall substantially comply with conditions imposed
by permits issued by other government agencies. Compliance shall be
determined solely by any issuing government aticncy, and the County
shall not consider the question of non-compliance under this condition
until a violation is determined to have occurred by such agency.
Applicant shall advise the: County of any determination of violation
within ten (10) days of the time it is advised of any such violation.
Such determination of violation may be considered by the Board at .
any time, and action may bo taken at such time in the manner of a
period review under the provisions of: the Garfield County Zoning
Resolution, as then in effect. In the event the Board determines'
that any such violation adversely effects the health, safety or welfare
of the population of Garfield County'or other uses within the zone
district, the Board may require that the permitted operation be brought
into compliance as provided by law, and the permit may be suspended
or revoked if the operation is not brought into compliance within
the period allowed;
h. Prior to the issuance of the special use permit conditionall:
authorized hereunder, Applicant shall:
(i) provide the County with a specific description of the
rail spur, together with evidence of ownership of the affected lands
either in the Applicant or in the railroad;
ATTEST: BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
�� ... of [-2) 7r5 .fT)
Deputy Olerk,o1 the Board
Chairman
Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:
Richard C. Jolley Aye
Larry Velasquez Aye
STATE OF COLORADO
County of Garfield
Aye
e17—
Commissianeu
I, ).!:1..:(�..5'!• rf.�....( .�f•• /� �, •County Clerk and ex -officio Clerk of the Board of County Commissioners
In and for the County and Stale aforesaid du n teby certify that the anis-sired and fOrddt is tauly copied front the Record' of
the Proceedings of the Board of County Commi9:.iQttrrs for said Garfield County. now in my office.
1 Rte;,}wITUESS VT1I (F, 1 Igoe hereunto set my h.iad 4
u` affixed the seal of slid County, at Glenwood Springs,
this... day of �,r' /,..I ...'-:.• / A. D. 19 ...
County Clerk and ex•offieia Clift of the Board of County Como -thalamus
STATE OF COLORADO
County of Garfield
Ata...... reg
held at the Caurt llaasr in
Scp tembe r
1
u l a r meeting of the Board of County Commissioners for Garfield County, Colorado,
Glenwood Springs on.......... ond4]Y. Llw.....) ) 4th day of
A. D. l9 81 there were present:
Larry Velasciuez
Eugene :Jim" Drinkhouse
, Commi* one' Chairman
Commistionu
Earl G. Rhodes , CauntyAtlorney
Cheryl J. Koss Deouty ,
n .. .. Clerk of the Board
when the following proceedings, among others were had and done, to•witt
RESOLUTION 181-281
RESOLUTION CONCERNED WITH AN APPLICATION FOR SPECIAL USE PERMIT BY,
UNION OIL COMPANY OF CALIFORNIA, AND AMENDMENT OF RESOLUTION 181-12
WHEREAS, an application has been submitted by Union Oil Company
of California for a Special Use Permit for the purpose of a railroad
spur, in accordance with Section 9.03 of the Garfield County Zoning
Resolution, on the following described tract of land:
Portions of Section 7, Township 7 South, Range 95 West,
Sections 1, 2, 3, and 12, Township 7 South, Range 96 West,
all of the Sixth Principal Meridian.
WHEREAS, the Board of County Commissioners of Garfield County,
Colorado, having duly reviewed said application, has passed Resolution
181-12, which constitutes a conditional approval of said application;
and
WHEREAS, said Resolution provides in pertinent part, that the
Special Use Permit shall not be issued until the applicant provides
"evidence of ownership of the affected lands either in the applicant
or in the railroad"; and •
WHEREAS, the applicant has
able efforts to comply with said
below, has.taken place which was
.application; and
•
WHEREAS, that said occurrence is that the estate of Alber has
refused to convey fee -simple title in the property to be owned by the
applicant, and the applicant has accepted a present lease of the land
accompanied by an exclusive and irrevocable option to purchase said •
property in January 1982;.and
WHEREAS, the applicant has made application to the Board of
County Commissioners for an amendment of Resolution 181-12; and
WHEREAS, all procedure and notice requirements set forth in the
Garfield County Zoning Resolution with respect to Special Use Permit
applications have been met and this proceeding is properly before
.this Board.
represented that it has made reason -
condition, but an occurrence, descrit
not anticipated at the time of the
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIC
OF GARFIELD COUNTY, COLORADO:
That Section 3. h.(i) of Resolution 181-12 is hereby amended
as follows:
Provide the county with a specific description of the rail
spur, together with the evidence of ownership of the affected
lands or the legal right in the applicant to use said lands
coupled with an irrevocable right to purchase said lands in
fee -simple in the future, said rights and ownership to be
vested either in the applicant, or in the railroad.
BOARD OF COUNTY COMMISSIONERS
GARFIEt, COUNTY, COLORADO
Jl
Attest,/
Chaff man
s.
Upon motion duly nude and seconded the foregoing Resolution was adopted by the following vote:
Larry Velasquez Aye
Eugene "Jim" Drinkhouse Aye
Aye
STATE OF COLORADO
County of Garfield
iu
Commltsioners
I . ............. County Clerk and exofficio Clerk of the Board or County Commissioners
in and for the County and Sate aforesaid do keret y certify that the annexed and foregoing Order is truly copied from the Records of
the Proceedings of the Board of County Comrnissionsfs for said Garfield County, now in my office.
IN YATUUESS WHEREOF, 1 have Hereunto set my hand and affixed the seal of said County, at Glenwood Springs.
this day of ..........»....._..............................». A. D. 19 .,............ •
County Clerk and ra•offreio Clerk of the Board of County Co-nnvui.rera
IT IS EXPRESSLY UNDERSTOOD AND ACRL:ED that the grantee
herein covenants and agrees to save the grantor harmless
from the claim or claims of any persons for damages arising
out of, or caused by, the construction, installation, mainte-
nancu,•or operation of said railroad crossing across County
Road No. 215. -
IN WITNESS WHEREOF, the grantor herein has hereunto set
its hand and s 1 this 14th day .:f September, 1981.
Attest:
C1epe of jt Board
•
•
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY
By:
-2_
Cha ' Man
RAIL SPUR EASEMENT
FOR AND IN CONSIDERATION of the sum of One Dollar and
Other Good and Valuable Consideration in hand paid, the
receipt of which is hereby'acknowledyed, the undersigned
Board of County Commissioners of the County of Garfield,
State of Colorado, hereinafter called the grantor, has this
day bargained and sold, and by these presents does bargain,
sell, convey, transfer, and deliver unto Union Oil Company
of California, a California corporation, hereinafter called
the grantee, an easement and right--ot-way including the
right to cross over the real estate hereinafter described,
being a portion of the Garfield County Road No. 215 right-of-
way, for the purpose of crossing said road right-of-way for
the construction and operation thereafter of a rail spur for
the use of the grantee in connection with 'the rail transporta-
tion of products in connection with their crude shale oil
operations.
The easement and right-of-way hereby granted covers a
strip of land 100.00 feet in width over and across the
following described land in the unincorporated area of
Garfield County, State of Colorado and more particularly
described as follows:
A strip of land 100.00 feet in width, lying in the NE;
SES of Section 2, Township 7 South, Range 96 West of
the 6th Principal Meridian.
Beginning at a point on the northeasterly right-of-way
of County Road No. 215 whence the Southeast corner of
said Section 2 bears S. 51°43'07" E. 388.67 feet and S.
06°29'20" W. 1726.78: with all bearings contained
herein being Colorado Grid Bearings (Central Zone).
True Bearings are obtained by rotating all bearings
herein counter -clockwise 01°37'28"; thence•N. 51°43'07"
W. 266.73 feet to a point on the southwesterly right-
of-way of County Road No. 215, thence along said south-
westerly right-of-way 213.86 feet along the arc of a
1357.39 foot radius circular curve to the left which
arc subtends a chord bearing of N. 26°59'12" W. 213.62
feet; thence along the arc of a spiral curve to the
left the chord of which is N. 34°11'00" W. 35.26 feet,
thence leaving said southwesterly right-of-way S.
51°43'07" E. 353.56 feet to a point on said north-
easterly right-of-way; thence along said northeasterly
right-of-way 109.28 feet along the arc of a 1507.39
foot radius circular curve to the right, which arc
subtends a chord bearing of S. 18°04'39" E. 109.27
feet; thence along the arc of a spiral curve to•the
right, the chord of which is S. 13°20'57" E. 63.58 feet
to the point of beginning.
The grantees herein, by acceptance of this conveyance,
covenant and agree with the grantors herein, that said
easement and right-of-way shall at all times be constructed
and operated in accordance with that certain Garfield County
Resolution No. 81-12, and said easement and right-of-way
shall be limited in duration to expire concurrently with the
expiration of any special use permit issued under the Gar- •
field County Zoning Resolution of 1978 and the referenced
Garfield County Resolution No. 81-12 issued thereunder.
IT IS -UNDERSTOOD AND AGREED that the grantee will do
all construction, installation, or maintenance work on said
railroad crossing in such a manner as to cause the least
damage to County Road No. 215 and to insure the public
safety. It will not interfere with, nor obstruct the same,
except as reasonably required during such periods of construc-
tion, installation, or maintenance. To the extent required
by lair, the grantee shall obtain, pay for, and maintain all
safety warning devices necessitated by said railroad crossing.
STATE OF COLORADO
County of Garfield
regular
Ata.... „„.....««........... meeteng of the Boardrgf County Commissioners for Garfield County. Colorado,
held al the Court Nouse to Glenwood SpringAon h[on d ay the azd. day of
Augus C A. D. l9 "2 there were prevent:
„.......E...cI esi...C.e.ris.e...„.........._..„........— , Commissioner Chairman
.-..-. Emze,TIP...D.r.i.rikki lus.e..... , Commfaeiom
.....,...Larr.yntV,.m
1.aaqu.ez. , comisdoner
...... Earl...M:04,s .„ , County Attorney
.._-.L,.Qn.anne G.1 e.l,aTl.d..-.ile ts.m. Clerk al the Hoard
when the following proceedings, unonq others were had and done, to•witt
RESOLUTION NO. 82-186
A RESOLUTION CONCERNED WITH APPROVAL OF AN APPLICATION FOR A SPECIAL USE PERMIT BY UNION
OIL COMPANY OF CALIFORNIA TO PERMIT THE CONSTRUCTION AND OPERATION OF A TRUCK LOADING
FACILITY AT UNION OIL COMPANY'S SHALE OIL UPGRADING PLANT.
WHEREAS, Union Oil Company of California has filed an application with the Board of
County Commissioners of Garfield County for approval of a Special Use Permit in the
Resource Lands Zone District; and
WHEREAS, based on the materials submitted by the applicant and the comments of
the Garfield County Planning Department, this Board finds as follows:
1. That proper publication and public notice was provided as required by law for
the public hearing before the Board of County Commissioners.
2. That 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 the proposed special use permit conforms to Section 5.03 concerning the
approval or disapproval of a petition for a special use of the Garfield County Zoning
Resolution.
4. That the proposed land use will be compatible with existing and permitted land
uses in the area.
5. That for the above -stated and other reasons, the proposed zoning action is in the
best interests of the health, safety, morals, convenience, 'order, prosperity, and welfare
of the citizens of Garfield County.
NOW, THEREFORE BE IT RESOLVED that the Special Use Permit application for the follows
described unincorporated area of Garfield County be and hereby is authorized to be
issued and effective upon and during compliance with the following conditions:
1. That construction and operation of the truck loading facility shall be in all
ways consistent with the commitments contained in the applicant's application, impact
statement and supporting materials unless otherwise expressly amended by the Board of
County Commissioners;
2. The applicant shall work with the State Division of Highways to alleviate traffic
safety problems on State Highway 13 associated with its operation and with particular
attention to school bus operation;
3. Prior to commencement of operations, the applicant shall prepare and implement
a Spill Prevention, Control and Containment pian for accidents which plan shall be prepare
to the satisfaction of the Board of County Commissioners;
4. The applicant's compliance with the conditions of this resolution and any special
use permit issued pursuant hereto shall be monitored through the Board's review thereof
every six months in accordance with the provisions of Section 9.03.05 of the Garfield
County Zoning Resolution.
5. The permit issued hereunder shall extend only to the location of a truck loading
facility;
6. That within one year of the date of this resolution the special use permit
authorized hereunder shall be issued to the applicant, in the absence of which the
authority of this resolution shall automatically be rescinded.
;LEGAL DESCRIPTION:
0
A portion of Lot 13 of Section 35, Township 6 South, Range 96 West of the Sixth
Principal Meridian, and a portion of Lot 4 of Section 2, Township 7 South, Range
96 West of the Sixth Principal Meridian in Garfield County, Colorado.
PRACTICAL DESCRIPTION:
Truck loading facilities will be located on approximately four acres at Union Oil's
shale oil upgrading facilities, three miles north of Parachute, Colorado adjacent
to County Road No. 215.
ATTEST: BOARD OF COUNTY CO:DIISSIONERS
GARFIELD COUNTY, COLORADO
4'.11ep ty Clerk of the Board
6eA414e-xf_.
Upon motion duly nude and seconded the foregoing Resolution was adopted by the following vote:
Flaven Cerise Aye
'•••'-Eugene Drinkhouse Aye
--Tarry Velasquez Aye
STATE OF COLORADO
County of Garfield
(11
CommluIonz!
......••••.. ••• . 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 Order is truly copied from the Records of
the Proceedings of the Board of County Commissioners for raid Garfield County, now in my office.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the seal of said County, at Glenwood Springs,
this day of A. D. 19
County Clerk and ex -officio Clerk of the Board of County Commiacionera•
STATE OF COLORADO
County of Garfield
re ular
Ala.» .......g. .....•......„.....-... —.ranting of the ]loud of County Commissioners for Garfield County, Colorado,
held at the Court Hours in Glenwood Splimp on . .....•-.........T.1.�r•0 .AY.._.. ....... the....6„th...-.........--•.•.•.•day of
J u Y... A. D. l9....0. 2.. _. there were present:
_� Flaven Ceris e _ _ _..» Comrnisaioner Chairman
1.4E1Eugene Drinkhouse __•,_,,,,•,,,.,,, commrrrianer
EBraxR11OdesqueZ-» Conunisswner
. Ea »........-... .......... County Attorney
_ Lepeland,„, Opsutv........., Clerk of the Board
when the following proceedings, among others were had and done, to•wit:
RESOLUTION NO. 82-145
A RESOLUTION CONCfl.NID WITH APPROVAL OF AN APPLICATION FOR A SPECIAL USE PERMIT
BY UNION OIL COMPANY OF CALIFORNIA TO PERMIT THE CONSTRUCTION OF FIVII
PIPELINES.
WHEREAS, Union 011 Company of California has filed an application
with the Board of County Commissioners of Garfield County for approval of a
Special Use Permit in the Resource Lands Zone District; and,
WHEREAS, based on the materials submitted by the applicant and the
comments of the Garfield County Planning Department, this Board finds as
follows:
1. That proper posting, publication and public notice was provided
as required by law for the public hearing before the Board of County
Commissioners.
2. That 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 the proposed special use permit conforms to Section 5.03
concerning the Approval or Disapproval of a petition for a Special Use of the
Garfield County Zoning Resolution.
. 4. That the proposed land use will be compatible with existing and
permitted land uses in the area.
5. That for the above -stated and other reasons, the proposed zoning
action is in the best interests of the health, safety, morals, convenience,
order, prosperity, and welfare of the citizens of Garfield County.
NOW, THEREFORE, BE IT RESOLVED that the Special Use Permit
application for the following described unincorporated area of Garfield County
be and hereby is authorized to be issued and effective upon and during
compliance with the following conditions:
1. The construction and operation of the five pipelines shall be in
all ways consistent with the commitments contained in the applicant's
application, impact statement, and supporting materials;
2. The applicant shall submit a legal description of the pipeline
within 60 days of the project completion;
3. Construction clearance be received from the telephone and
electric companies;
4. Traffic control be provided along Road 21S as needed during
construction;
5. The irrigation ditches be relocated and easements provided as
necessary;
6. That applicant agree to abandon any right under Resolution No.
81-13 dated January 12, 1981, and any permits issued thereunder, as a condition
of the issuance of this land use permit;
7. Consideration be given to local contractors for construction of
the pipeline;
8. The applicant's compliance with the conditions of this Resolution
and any Special Use Permit issued pursuant hereto shall be monitored through
the Board's review thereof every six months in accordance with the provision of
Section 9.03.05 of the Garfield County Zoning Resolution;
9. The permit issued hereunder shall extend only to the location of
five pipelines to be used for the transportation of fresh water, natural gas,
raw shale oil, reuse water, and return reuse water.
•
LEGAL DESCRIPTION:
Commencing at the location of the Union Oil Company Shale Oil Upgrading Plant
located in Township 6 South, Range 9b West, thence northwesterly through real
properties owned by Union in the SE`L of Section 34, the NW of Section 34, the
NEi of the SWtt of Section i4, the NEtNW% of Section 33, the SE% of Section
28 and thence crossing into real properties owned by Atlantic Richfield Company
at the south line of the NE% of the Sid`s of Section 28, thence northwesterly
through the NW% of Section 28, the NE4NE1 of Section 29, thence crossing into
real properties owned by Chevron Shale Oil Company at the south line of Section
20; thence northeasterly through the i,'•1 of Section 20, the E`1SE1I Section 17,
the S% of the E% of the Mils of Section 17, the l•`1 of the NT,''i of Section 16, the E/iSI
of Section 8, thence crossing into real properties owned by Union at the east
line of Section 8. thence northerly through Union Oil Company real properties
located in the Wt of the SW% Section 9, the NW% Section 9, W'g of Section 4,
the NW1/4NE1/4 Section 4, Township 5 South, Range 96 West; the Eli Section 36, Town-
ship 5 South, Range 95 West; NW%LNW% Section 31, the S11 of Section 30, the
NW% Section 29, all of which properties are located within the 6th Principal
Meridian.
PRACTICAL DESCRIPTION:
Union Oil Company's pipelines would begin approximately three miles north of
the Town of Parachute adjacent to Garfield County Road No. 215 at the location
of Union Oil Company's Crude Shale Oil Upgrading Plant, previously authorized
by Garfield County Resolution No. 81-11, and from thence said pipelines would
continue for approximately a distance of nine miles, roughly paralleling the
Garfield County Road No. 215 right-of-way in a generally northern direction
to the terminus of Garfield County Road Mo. 215 at the applicant's property,
commonly known as the Lindauer Meadow, from whence the pipelines would then
follow Union Oil Company's private roads continuing up to the 10,000 B/P/D
retort, previously authorized by Garfield County Resolution No. 78-130, located
on a mine bench in the East Fork Canyon of Parachute Creek.
ATTEST: BOARD OF COUNTY COHNISSIONERS
GARFIELD COUNTY, COLORADO
Deputy Clerk o the Board
Chairman ,
Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:
Elamer.C7...CQris.e Aye
Aye
T.t�lr.Y}r VQr.L3nS.L1.LlP..z «« Aya
Commissioners
STATE OF COLORADO
County of Oulleld
1, »»»............«..»»....«»..., ...».. .....»..........., County Clerk and **officio Clerk of the Board of County Commissioners
in and for the County and State aforesaid do hereby certify that the annexed and foregoing Order is truly copied from the Records el
the Proceedings of the Board of County Commissioners far said Garfield County, now in my office.
1N WITNESS WHEREOF, 1 have hereunto set my hand and affixed the tat of said County, at Glenwood Springs,
day of .......... ....«..«......... ..»....».,.,....«.. A. D. 19
County Clerk and en -officio Clerk el the Baud of County Conaoisioaae.
STATE OF COLORADO
County of Garricld
Ala
rczulnr
:nutting of the !loud or County Commiuioners for Gufidd County, Colorado,
held at the Court Nouse in Glenwood Spring) a Monday the 12th day of
.July A. D. 19 °L there were present:
1'1:iven Cerise Commissioner Chairman
Eugene Drinkhouse Comtnisdoner
Larry Velasquez Commissioner
-�.ari Rhodes CountyAetarney
Leanne ticlnnd,-"Deputy
Clark olth.Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION U82- 158
A RESOLUTION CONCERNED WI11I APPROVAL OF AN APPLICATION FOR A SPECIAL USE PIRMIT
BY UNION OIL COMPANY OF CALIFORNIA TO PERMIT THE CONST1lUCrION OF A 230,000 VOLT
EiLE:CIRICAL TRANSMISSION AND SUBSTATION SYSTI14.
Whereas, Union Oil Company of California has filed an application
with the Board of County Commissioners of Garfield County for approval of a
Special Use Permit in the Resource Lands Zone District; and,
WHEREAS, based on the materials submitted by the applicant and the
rwluhrnts of the Garfield County Planning Department, this Board finds as
follows:
1. That proper posting, publication and public notice was provided
as rcquircd by law for the public hearing before the Board of County
Coimrissioin•rs.
2. That 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 the proposed special use permit conforms to Section 5.03
concerning the approval or disapproval of a petition for a special use of the
Garfield County Zoning resolution.
permitted
4. Thal the proposed land use will be compatible with existing and
land uses in the area.
S. That for the above -stated and ohter reasons, the proposed zoning
action is in the best interests of the health, safety, morals, convenience,
order, prosperity, and welfare of the citizens of Garfield County.
NOW, 1111.1lIFOItE, BE IT RESOLVED that the Special Use Permit
application for the following described unincorporated area of Garfield County
be and hereby is authorized to be issued and effective upon and during
compliance with the following conditions:
1. The construction and operation of the electrical transmission and
substation system shall be in all ways consistent with the commitments
contained in the applicant's application, impact statement, and supporting
materials.
2. The applicant shall submit an as -built legal description of the
electrical transmission system within 60 days of the; completion of the project.
3. The applicant shall obtain agreements allowing the construction
and operation of the electrical transmission and substation system where it
crosses laud owned by Mobil Oil and the United States of America.
4. The applicant shall submit a letter outlining provisions for
ae:conwudating additional users on the System.
5. The applicant's compliance with the conditions of this resolution
and any special use permit issued pursuant hereto shall be monitored through
the Board's review thereof every six months in accordance with the provisions
of Section 9.03.05 of the Garfield County Zoning Resolution.
6. The permit issued hereunder shall extend only to the location of
:1 230,000 vnit electrical transmission and substation system.
7. That within one year of the date of this resolution the special
use permit authorized hereunder shall be issued to the applicant, in the
absence of which the authority of this resolution shall automatically be
Irscinded.
1.LGAL DESCRIPTION:
'I11e proposed electric transmission and substation system will be situated on
the parcels in Sections 6, Township 7 South, Range 95 Nest; Sections 1, 2, and
3 Township 7 South, Range 96 West; Sections 34, 27, 28, 21, 16, 9, and 4,
Township 6 South, Range 96 West; Section 36, Township 5 South, Range 96 West
and Sections 29, 30, and 31, Township 5 South, Range 95 West of the 6th P.M.,
County of Garfield, State of Colorado.
ACr1CAL DESCRIPTION:
Union Oil Company will obtain power from Public Service Company of Colorado at
the Parachute Substation, located approximately one-quarter of a mile northwest
of Interstate 70. Union Oil Company's 230,000 volt line will exit the
Parachute Substation in a westerly direction, run northwesterly up Hayes Gulch,
across the ridge and back down the bluffs to the base of the mountain and
crossing Grunty Road 21S approximately two-tenths of a mile northwest ut the
railroad spur. The line will then proceed westerly to the base of the mountain
un the west side of Parachute Creek and will parallel the landform in a
northwesterly direction into the Wheeler Substation located southeast of
Wheeler' Gulch and Riley Gulch, and behind Union Oil Company's shale oil
upgrading plant. The line will then continue westerly about one half mile,
turn and proceed northerly across Parachute Creek and County Road 215 to the
base of the mountain just west of Wheeler Gulch. The line will then continue
in u northwesterly, northerly and then northeasterly direction up the valley on
the slopes above and to the east of County Road 215 to a point on the south
side of the East Fork Canyon near the Lindaucr Meadows. The line will then
cross the East Fork in a northeasterly direction, then turn up onto Long Ridge
and proceed easterly to the Bench Substation located on Union 0i1 Company's
retort bench on the north side of the East Fork Canyon.
id]
11 tt>1'iar]'iabn
BOARD OF COUNTY CaA+1H1ISSi0NERS
GARFIELD COUNTY, COLORADO
•
C airman
d V4iri!!conded the foregoing Resolution was adopted by
Flnven Cerise
STATE OF COLORADO
County of Garfield
EuLenc DrinlchQV e
Larry, VelasS1Mez
the following vote:
Aye
Aye
Aye
Commisai(inns
County Clerk and exalficio Clesk of the Board of County Commissioners
in and for rhe County and State aloresaid do hereby certify that the annexed and foregoing Order is truly copied from the Records of
the Proceedings of the Board of County Commissioners for Bald 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,
Oils day of A. D. l9
County Clerk and ex -officio Clerk of the Board of County Commissioners,
STATE OF COLORADO
)ss
County of Garfield )
At a regular meeting of the Board of Count
Commissioners for Garfield County, Colorado, held at the Commissioners
Meeting Room. .at .the Garfield..County.Courthouse in Glenwood -Springs o
the 17th day of MIrch A.D. 19 86 , there were present:
Larry Schmueser
Robert Rtrbernson•
t}ven J. Cerise
Don DeFord
_ Mildred Alsdorf
Roger Ludwig
, Commissioner Chairman Cconfliet of in.
4pqmposciusuam Chairman Pro'Tem
, Commissioner
, County Attorney
• Clerk of the Board
, Administrative Assistant
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 86-10
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMI
APPLICATION BY UNOCAL.
WHEREAS, the Board of County Commissioners of Garfield County
Colorado, has received an application from Unocal for a flood plai
Special Use permit on the following described tract of land:
See attached
(in the State of Colorado and the County of Garfield); and
WHEREAS, the Board held a public hearing on the 18th day of February
1986, upon the question of whether the above-described Special Use perm
should be granted or denied, at which hearing the public and intereste
persons were given the opportunity to express their opinions regarding tk
issuance of said Special Use permit; and
WHEREAS, the Board on the basis of substantial competent evident
produced at the aforementioned hearing, has made the followin
determination of fact:
1. That proper publication and public notice was provided as
required for the hearing before the Board of County
Commissioners.
2. That the hearing before the Board of County Commissioners was
extensive and complete, that all pertinent facts, matters and
issues were submitted and that all interested parties were heart
at that hearing.
3. That for the above stated and other reasons, the proposed use is
in the best interest of the health, safety, morals, convenience
order, prosperity and welfare of the citizens of Garfield Count
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioner
of Garfield County, Colorado that the Special Use permit be and hereby
authorized permitting activities in the flood plain on the above describt
`tract of land, upon the following specific condition:
That a copy of the U.S. Corps of Engineers 404 permit be provided
to the Planning Department.
••••.••••.,....*...• ...rm.._ ....
Dated this 17th day of March , A.D. 1e)86 .
ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONER.
GARFIELD COOL{Ty, COLORADO
.. .. ........ _/moi ri/ �•.....� j.. .�.�,J
Clerk of the Board ,. .Chairman
•
Upon,„, p.4t uly.''::mnd.e,pacLsecon;drd.. lxe_..;F.tuegflsag..., �tt
Pystion ,.
adopted 'krfr.Cti ""'all'o:�f:rg-7Gte'F"` •'•' •4•r.:=. ...•4•s .YM,.7. r
Larry Schmueser ;$EEtIX conflict
Robert Richartsgn Aye inters
Flaven J. Cerise Aye
STATE OF COLORADO 1
County of Garfield )
, County Clerk and ex -officio Cie
of the Board of County Commissioners in and for the County and Sta
aforesaid do hereby certify that the annexed and foregoing Resolution
truly copied from the Records of the Proceedings of the Board of Coun
Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the se
of said County, at Glenwood Springs, this day of , A.
19
of the Board of County.Commissioners.
ofr10.1^n'! ..
County Clerk and ex -officio Cie
i••
Appendix C
Environmental Permits
Colorado Clean Fuels 03/16/92
PERMIT TRANSFER, PROCEDURES
Agency
Type of Permit
Transfer Procedures
Notification Personnel
EPA
Air (e.g.,PSD)
1. Administrative change •
2. Formal letter, no forms:
a. New company owner,
b. Old company owner,
c. Personnel contacts,
d. Effective Date,
e. Other pertinent information.
Ms. Patricia Hull
U.S. Environmental Protection Agency
Region VIII
Division of Air, Radiation, and Toxics
999 18th Street, Suite 500
Denver, Colorado 80202-2405
(303) 293-0946
CDH
Air (e.eg.,PSD)
1. Cover letter
2. Update form(s)
Mr. Tom Tistinic
Colorado Department of Health
Air Pollution Control Division
4210 East 11th Ave.
Denver, Colorado 80220
(303) 331-8590
CDH
Water (e.g.,NPDES)
1. Cover letter
2. Update form(s)
A letter must first be sent to the CDH
requesting the appropriate forms. This letter
must include detailed information about the
transfer.
Ms. Lauann Gaines
Colorado Department of Health
Water Quality Division
4210 East 11th Ave.
Denver, Colorado 80220
(303) 331-4761
CDH
Underground
storage Tanks
1. Cover letter
2. Update form(s)
Mr. Bruce Smith
Department of Labor and Employment
Oil Inspection Section
1001 East 62nd Ave, Room A1
Denver, Colorado 880216
(303) 289-5643
Appendix C
List of Facility Permits
Issuing Agency
Permit Name
Permit No.
Date Issued
US EPA
Prevention of Significant
Deterioration (PSD)
8AH-A
May 27, 1981
Colo. Dept of Health
Emission Permit
11GA904-11
June 13, 1990
Colo. Dept of Health
Emission Permit
11GA904-12
June 13, 1990
Colo. Dept of Health
Emission Permit
C-11, 904-11
April 30, 1981
Colo. Dept of Health
Emission Permit
C-11, 904-12
April 30, 1981
Colo. Dept of Health
Emission Permit
110A904-13
June 13, 1990
Colo. Dept of Health
Emission Permit
C-11, 904-13
April 30, 1981
Colo. Dept of Health
Emission Permit
C-11, 904-14
April 30, 1981
Colo. Dept of Health
Emission Permit
C-11, 904-15
April 30, 1981
Colo. Dept of Health
Emission Permit
C-11, 904-16
Apri130, 1981
Colo. Dept of Health
Emission Permit
C-11, 904-17
april 30, 1981
Colo. Dept of Health
Emission Permit
C-11, 904-18
April 30, 1981
Colo. Dept of Health
Emission Permit
C-11,904-19
April 30, 1981
Colo. Dept of Health
Emission Permit
11GA904-19
June 13, 1990
Colo. Dept of Health
Emission Permit
C-11, 904-19
April 30, 1981
Colo. Dept of Health
Emission Permit
11GA904-20
June 13, 1990
Colo. Dept of Health
Emission Permit
C-11, 904-20
April 30, 1981
Colo. Dept of Health
Emission Permit
C-11, 904-21
April 30, 1981
Colo. Dept of Health
Emission Permit
110A904(22)
July 25, 1988
Colo. Dept of Health
Emission Permit
C-11, 904-22
April 30, 1981
Colo. Dept of Health
Emission Permit
11GA904(23)
July 25, 1988
Colo. Dept of Health
Emission Permit
C-11, 904-23
April 30, 1981
Colo. Dept of Health
Emission Permit
C-11, 904-23
August 15, 1983
Colo. Dept of Health
Emission Permit
110A904-24
June 13, 1990
Colo. Dept of Health
Emission Permit
C-11, 904-24
April 30, 1981
Colo. Dept of Health
Emission Permit
11GA904-25
May 9, 1990
Colo. Dept of Health
Emission Permit
C-11, 904-25
April 30, 1981
Colo. Dept of Health
Emission Permit
C-11, 904-25
June 1, 1981
Colo. Dept of Health
Emission Permit
11GA904-26
June 13, 1990
Colo. Dept of Health
Emission Permit
C-11, 904-26
April 30, 1981
Colo. Dept of Health
Emission Permit
11GA904-27
June 13, 1990
Colo. Dept of Health
Emission Permit
C-11, 904-27
April 30, 1981
Colo. Dept of Health
Emission Permit
C-11, 904-28
April 30, 1981
Colo. Dept of Health
Emission Permit
11GA904-29
June 13, 1990
Colo. Dept of Health
Emission Permit
C-11, 904-29
April 30, 1981
Colo. Dept of Health
Emission Permit
C-11, 904-29
August 28, 1981
Colo. Dept of Health
Emission Permit
C-11,904-30 (FD)
August 28, 1981
Colo. Dept of Health
Emission Permit
C-11, 904-31
May 26, 1981
Colo. Dept of Health
Emission Permit
11GA904-34
June 13, 1990
Colo. Dept of Health
Emission Permit
C-11, 904-34
August 15, 1983
Colo. Dept of Health
Emission Permit
11GA904-35
June 13, 1990
Colo. Dept of Health
Emission Permit
C-11, 904-35
August 15, 1983
Colo. Dept of Health
Emission Permit
C-11, 904(FD-C-1)
June 4, 1981
Colo. Dept of Health
Emission Permit
C-11, 904(FD-C-2)
June 4, 1981
Colo. Dept of Health
Emission Permit
C-11, 904(FD-C-3)
June 4, 1981
Colo. Dept of Health
Emission Permit
C-11, 904(FD-C-4)
June 4, 1981
Colo. Dept of Health
Emission Permit
C-11, 904(FD-C-5)
June 4, 1981
Colo. Dept of Health
Emission Permit
84GA052 (1-3)
September 26, 1984
Colo. Dept of Health
Emission Permit
82GAI10F
June 23, 1982
Colo. Dept of Health
Emission Permit
85GA353
November 15, 1985
Colo. Dept of Health
Water Discharge Permit
CO -0039918
October 7, 1983
Colo. Dept of Health
Underground Storage
Tanks
Notification
July 29, 1988
Peter D. Nichols
General Manager
Unocal Energy Mining Di ►n
Unocal Corporation
2717 County Road 215
Parachute, Colorado 81635
Telephone (303) 285-7600
UNOCAL()
March 16, 1992
17:tE7ZIAN\
MAR 1 7 1992 1
GARFIELD COUNTY
Board of County Commissioners
Garfield County
Glenwood Springs, CO 81601
Dear Board of County Commissioners:
Union Oil Company of California, dba Unocal, has agreed to use
its best efforts, to the extent legally and physically possible,
to supply up to 800 gallons per minute of water to Colorado Clean
Fuels Corporation under the terms of a lease -purchase agreement
(as noted in Colorado Clean Fuels' Special Use Permit
Application, Section 5.03.07 (1) (A) on page 15).
The source of supply will be the same as for Unocal's Parachute
Creek Shale Oil Project, as adjudicated in Case No. W-2206, Water
Division 5, State of Colorado. A copy of this case is attached
for your information.
Please feel free to contact me if you have other questions.
Very truly yours,
1J, I6ZZYZ
attachment
cc: Colorado Clean Fuels (w/o attachment)
c
C
flEicorded nt . I �1 o'clock A N. JUL 16 1975
Recoptiau iio...,..,... ,GSS G Ella Staphon8, R,'oordor
IN THE DISTRICT COURT IN AND FOR
WATER DIVISION NO. 5
STATE OF COLORADO
Case No. W-2206
IN THE MATTER OF THE
APPLICATION FOR WATER
RIGHTS OF UNION OIL
COMPANY OF CALIFORNIA
IN GARFIELD COUNTY
AMENDED
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND DECREE APPROVING
PLAN FOR AUGMENTATION
INCLUDING EXCHANGE
THIS MATTER, having come on for hearing on May 21, 1975, upon the
application of Union 011 Company of California for approval of its proposed plan
for augmentation, including exchange, which was filed herein on January 31,
1974, and the Court having carefully considered the pleadings, the files herein,
and the evidence presented, FINDS:
1. Timely and adequate notice of this proceeding has been given In the
manner required by law, and the Water Judge sitting In this Court has jurisdic-
tion over the subject matter of those proceedings and over all parties affected
thereby, whether they have appeared or not.
2. Statements of opposition to the application herein were flied on behalf
of the Board of Water Commissioners of the City and County of Denver, Mr. Brad
Hendricks, and Mr. Norman T. SimiIlion and Dorothy B. Sim1111on. The state-
ments of opposition filed on behalf of Mr. Brad Hendricks, and Mr. Norman T.
Simillion and Dorothy B. Simlliion have been withdrawn. In addition, appearances
have been entered on behalf of the Garfield County Board of County Commissioners,
Atlantic Richfield Company, and Mr. Albert T. Herring and Marie A. Herring.
3. Applicant Is the owner of the following decreed water rights:
A. Roaring Fork Drainage.
(1)
1.1 c.f.s. out of Priority No. 106
decreed to the Southard and Cavanaugh
Ditch, Water District No. .38 of the
State of Colorado, for 1.5 c.f.s.
as of March 23, 1885, out of the Crystal
River (formerly known as Rock Creek),
for the irrigation of lands, with
headgate located on the west bank
of said river, about one-half a mile
above the mouth thereof. Date of
decree: May 11, 1889, in the District
Court of Garfield County, Colorado,
Case No. 132.
(2) 0.88 c.f.s. out of Priority No. 170,
decreed to the Southard and Cavanaugh
Ditch, First Enlargement, Water District
No. 38 of the State of Colorado, for
1.2 c.f.s. as of April 4, 1887, out
of the Crystal River (formerly known
as Rock Creek), for the irrigation
of lands, with headgate located on
the west bank of said river, about
one-half a mile above the mouth thereof.
Date of decree: May 11, 1889, in
the District Court of Garfield County,
Colorado, Case No. 132.
0.733 c.f.s. out of Priority No. 206,
decreed to the Southard and Cavanaugh
Ditch, Second Enlargement, Water District
No. 38 of the State of Colorado, for
1.0 c.f.s. as of April 1, 1889, out
of the Crystal River (formerly known
as Rock Creek), for irrigation purposes,
with headgate located on the crest
bank of said river, about one-half
a mile above the mouth thereof. Date
of decree: February 9, 1892, in the
District Court of Garfield County,
Colorado, Case No. 409.
(4) 2.714 c.f.s. out of Priority No. 298,
decreed to the Southard and Cavanaugh
Ditch, Third Enlargement, Water District
No. 38 of the State of Colorado, for
3.7 c.f.s. as of April 15, 1890, out
of the Crystal River (formerly known
as Rock Creek), for irrigation purposes,
with headgate located on the west
bank of said river, at a point about
one-half a mile above the mouth thereof.
Date of decree: August 25, 1936,
in the District Court of Garfield
County, Colorado, Case No. 3082.
1.96 c.f.s. out of Priority No. 117
decreed to the Weaver and Leonhardy
Ditch, Water District No. 38 of the
State of Colorado, for 4.8 c.f.s.
as of April 20, 1885, out of the Crystal
River (formerly known as Rock Creek),
for the irrigation of lands, with
headgate located on the east bank
of said river about two and bne-half miles
(3)
(5)
-2-
above the mouth thereof. On March 20, 1923
the point of diversion of said 1.96 c.f.s.
was changed by the District Court of
Garfield County, Colorado, to the headgate
of the Rockford Ditch in Case No. 2316.
On October 11, 1966, in the District
Court of Garfield County, Colorado,
in Case No. 5967, said 1.96 c.f.s. was
transferred to the headgate of the Southard
and Cavanaugh Ditch, which is located
on the west bank of the Crystal River
about one mile above the mouth thereof,
and further described as at a point
about 175 feet north of Rock Creek
Bridge and being South 47°54' East 901
feet from the Section Corner common
to Sections 28, 29, 32 and 33, Township
7 South, Range 88 West of the 6th P.M.,
and near the center of the NW4NW2 of
said Section 33 according to the old
survey. The original decree for the
Weaver and Leonhardy Ditch was entered
May 11, 1889, in the District Court
of Garfield County, Colorado, Case No.
132.
(6) 3.04 c.f.s. out of Priority No. 399,
decreed to the Rockford Ditch, First
Enlargement, Water District No. 38 of
the State of Colorado, for 28.04 c.f,s.
as of June 4, 1915, out of the Crystal
River for the irrigation of lands,
with headgate located at a point on
an inlet from the east bank of the Crystal
River, whence the Southeast corner of
Section 10, Township 8 South, Range
88 West of the 6th P.M.,bears South
56°53'27" East a distance of 1,142 feet.
Under decree of the District Court of
Garfield County, Colorado, entered October
11, 1966, in Case No. 5967, the point
of diversion of said 3.04 c.f.s. was
transferred to the headgate of the
Southard and Cavanaugh Ditch, which
is located on the west bank of the Crystal
River about one mile above the mouth
thereof, and further described as at
a point about 175 feet north of Rock
Creek Bridge and being South 47°54' East
901 feet from the Section Corner common
to Sections 28, 29, 32 and 33, Township
7 South, Range 88 West of the 6th P.M.
and near the center of the NS14NWk of
said Section 33 according to the old
survey. The original decree for the
Rockford Ditch was entered August 25,
1936, in the District Court of Garfield
County, Case No. 3082.
0.7 c.f.s. out of Priority No. 136 decreed
to the Kaiser and Sievers Ditch, Water
District No, 38 of the State of Colorado,
for 4.0 c.f.s. as of November 2, 1885,
out of the Crystal River (formerly known
as Rock Creek), for the irrigation of
lands, with headgate located on the west
bank of said river, about one and one-
fourth wiles from the mouth, in Section
33, Township 7 South, Range 88 blest, 6GhP.M.
Decree date; May 11, 1889, in the District
Court of Garfield Cuunty, Colorado, Case
No. 132.
(7)
-3-
(8) 0.63 c.f.s. out of Priority No. 166 decreed
to the Kaiser. and Sievers Ditch, First
Enlargement, Water District No. 38 of
the State of Colorado, for 3.6 c.f.s.
as of October 12, 1886, out of the Crystal
River (formerly known as Rock Creek),
for the irrigation of lands, with head -
gate located on the west bank of said
river, about one and one-fourth miles
from the mouth, in Section 33, Township
7 South, Range 88 West, 6th P M. Date of Decree
May 11, 1889, in the District Court of
Garfield County, Colorado, Case No. 132.
0.35 c.f.s. out of Priority No. 217AA
decreed to the Kaiser and Sievers Ditch
(Second Enlargement and Extension),
Water District No. 38 of the State of
Colorado, for 2.0 c.f.s. as of April 15,
1902, out of the Crystal River (formerly
known as Rock Creek), for the irrigation
of lands, with headgate located on the
west bank of said river, about one and
one-fourth miles from the mouth, in Section 33,
Township 7 South, Range 88 West,6th P.M. Date
of Decree: August 26, 1910, in the District
Court of Garfield County, Colorado, Case
No. 1432.
(9)
(10) 1.0 c.f.s. out of Priority No. 53, de-
creed to the Staton Ditch, Water District
No. 38 of the State of Colorado, for
1.0 c.f.c. as of February 15, 1883, out
of Cattle Creek, for the irrigation of
lands, with headgate located on the north
bank of Cattle Creek, about two miles
from the mouth, in Section 16, Township 7
South, Range 88 West, 6th P.M. Date of Decree:
May 11, 1889, in the District Court of
Garfield County, Colorado, Case No. 132.
(11) 1.0 c.f.s. out of Priority No. 79, de-
creed to the Staton Ditch, First Enlarge-
ment, Water District No. 38 of the State
of Colorado, for 1.0 c.f.s. as of March 1,
1884, out of Cattle Creek, for the irri-
gation of lands, with headgate located
on the north bank of Cattle Creek, about
two miles from the mouth, in Section 16,
Township 7 South, Range 83 West,6th P.I.,
Date of Decree: May 11, 1839, in the District
Court of Garfield County, Colorado, Case
No. 132.
(12) 2.98 c.f.s. out of Priority No. 299 de-
creed to the Staton Ditch, Third Enlarge-
ment, Water District No. 38 of the State
of Colorado, for 2.98 c.f.s. as of April 15,
1890, out of Cattle Creek, for the irri-
gtion of lands, with headgate located
on the north bank of said creek, at a
point about two miles from the mouth,
in Section 16, Township 7 South, Range 88
West of the 6th P.M. Decree date: August 25,
1936, in the District Court of Garfield
County, Colorado, Case No. 3082.
- 11 -
where the Cardiff Bridge crosses said
river. Date of decree February 15,
1907, in the District Court of Garfield
County, Case No. 1225.
(17) 7.0 c.f.s. out of Priority No. 228 de-
creed to the Atkinson Canal Second (Wulfsohn)
Enlargement, Water District No. 38 of
the State of Colorado, for 7.0 c.f.s.
out of the Roaring Fork River as of April
12, 1909, for irrigation purposes, with
the headgate located on the south bank
of said river at a point about three
miles south of the City of Glenwood Springs,
and about one-fourth mile above the point
where the Cardiff Bridge crosses said
river. Date of decree: October 30,
1909, in the District Court of Garfield
County, Colorado, Case No. 1388.
(18) 12.0 c.f.s. out of Priority No. 594 de-
creed to the Atkinson Canal, Fourth Enlarge-
ment, Water District No. 38 of the State
of Colorado, for 12.0 c.f.s. out of the
Roaring Fork River as of March 19, 1950,
for irrigation purposes, with the head -
gate located on the south bank of said -
river at a point about three miles south
of the City of Glenwood Springs, and
about one-quarter of a mile above the
point where the Cardiff Bridge crosses
said river. Date of decree: October
24, 1952, in the District Court of Garfield
County, Colorado, Case No. 4033.
B. Parachute Creek Drainage.
(1) 4.32 c,f.s. decreed to Starkey Gulch
Ditch, Water District No. 39 of the State
of Colorado, originally appropriated
August 1, 1901, out of Parachute Creek
for the irrigation of lands and watering
of livestock, with headgate located at
a point on the south bank of Starkey
Gulch whence the northwest corner of
Section 33, Township 6 South, Range 96
West of the 6th P.M.,bears North 60°27'
East a distance of 1,073 feet. Ruling
of Referee confirmed and approved, and
made a Judgment and Decree on July 26,
1971, in the District Court of Garfield
County, Colorado, Case No. W-248.
-> (2) 0.30 c.f.s. out of Priority No. 9 decreed
to Daisy Ditch, Water District No. 39
of the State of Colorado, for 6.4 c.f.s.,
for .the irrigation of lands, as of May 17,
1883, with headgate located on the east
bank of Parachute Creek, about one and
one-half miles above the mouth. On April 23,
1910, in Case No. 1413 of the District
Court of Garfield County, Colorado, the
point of diversion was moved approximately
two and one-half_ miles up Parachute Creek
to the headgate of the Parachute Ditch
on the west bank thereof for use through
the Vieweg Ditch. The headgate of Parachute
-6-
(13) 8.234 c.f.s., evidenced by ownership
of 386 shares in the Glenwood Irrigation
Company, out of Priority No. 213I3B13A
decreed to the Glenwood Ditch, Water
District No. 38 of the State of Colorado,
for 30 c.f.s. out of the Roaring Fork
River and 2.0 c.f.s. out of the spring
and other waters flowing in Cattle Creek,
as of November 18, 1900, for irrigation
and domestic purposes. The headgate
of said ditch is located on the northeast
bank of the Roaring Fork River at a point
about 100 feet above the headgate of
the Sharp Ditch, which is located at
a point whence the north quarter corner
of Section 28, Township 7 South, Range
88 West, 6th P.M., bears North 7°28'
East 2,159 feet. Decree date: December 5,
1908, in the District Court of Garfield
County, Colorado, Case No. 1338.
(14) 4.632 c.f.s., evidenced by ownership
of 386 shares in the Glenwood Irrigation
Company, out of Priority 339 decreed
to the Glenwood Ditch, First Enlargement,
Water District No. 38 of the State of
Colorado, for 18 c.f.s. out of the Roaring
Fork River, as of November 18, 1901,
for irrigation purposes. The headgate
of said ditch is located on the northeast
bank of the Roaring Fork River at a point
about 100 feet above the headgate of
the Sharp Ditch, which is located at
a point whence the north quarter corner
of Section 28, Township 7 South, Range 88
West of the 6th P.M.,bears north 7°28'
East 2,159 feet. Date of decree: August 25,
1936, in the District Court of Garfield
County, Colorado, Case No. 3082.
(15) 4.2 c.f.s. out of Priority No. 105A de-
creed to the Atkinson Canal, Water District
No. 38 of the State of Colorado, for
4.2 c.f.s. out of the Roaring Fork River
as of December 20, 1884, for irrigation
purposes, with the headgate located on
the south bank of said river at a point
about three miles south of the City of
Glenwood Springs, and about one-fourth
of a mile above the point where the Cardiff
Bridge crosses said river. Date of decree:
March 18, 1904, corrected by decree dated
March 18, 1909, in the District Court
of Garfield County, Colorado, Case No.
1056.
(16) 1.0 c.f.s. out of Priority No. 107A de-
creed to the Atkinson Canal Enlargement,
Water District No. 38 of the State of
Colorado, for 1.0 c.f.s. out of the Roaring
Fork River as of March 25, 1885, for
irrigation purposes, with the headgate
located on the south bank of said river
at a point about three miles south of
the City of Glenwood Springs, and about
one-fourth of a mile above the point
-5-
(3)
Ditch is located on the west bank of
Parachute Creek, about three and one-quarter
miles from the mouth thereof. The date
of the decree for the Daisy Ditch is
May 11, 18R9, in the District Court of
Garfield County, Colorado, Case No. 103.
1.60 c.f.s. out of Priority No. 152A
decreed to the Vieweg Ditch, Water District 39
of the State of Colorado, for 1.60 c.f.s.
as of May 1, 1893, out of Parachute Creek,
for the irrigation of lands. Date of
decree: November 9, 1897, in the District
Court of Garfield County, Case No. 745.
(4) 0.45 c.f.s. out of Priority No. 206 de-
creed to the Zelmo Ditch, Water District
39 of the State of Colorado, for 0.45
c.f.s. as of May 1, 1922, out of the
East Fork of Parachute Creek, for irrigation
purposes, with headgate located on the
south bank of said creek whence the quarter
corner common to Sections 29 and 30,
Township 5 South, Range 95 West of the
6th P.M., bears North 43°15' East 2,160
feet. The point of diversion for said
0.45 c.f.s. was changed by decree of
the District Court of GarfieLd County
on July 15, 1968, in Case No. 6316, to
the headgate of the P.L.R. Ditch which
was designated as being located on the
north hank of the East Fork of Parachute
Creek at a point whence the quarter corner
common to Sections 29 and 30, Township 5
South, Range 95 West of the 6th P.M.,
bears North 88°15' West 2,120 feet, but
which by actual survey is located on
said creek at a point whence the north-
west corner of Section 30, Township 5
South, Range 95 West of the 6th P.M.
bears North 69°56' West a distance of
7,814 feet. Date of decree: January 4,
1937, in the District Court of Garfield
County, Case No. 3124.
(5) 1.05 c.f,s, out of Priority No. 207E
decreed to the Zelmo Ditch, First Enlargement,
Water District 39 of the State of Colorado,
for 1.05 c,f.s, as of March 1, 1926,
out of the East Fork of Parachute Creek
for irrigation purposes, with headgate
located on the south hank of said creek
at a point whence the quarter corner
common to Sections 29 and 30, Township 5
South, Range 95 West of the 6th P.M.,
bears North 43°15'East 2,160 feet. The
point of diversion of said 1.05 c.f.s.
was changed by decree of the District
Court of Garfield County on July 15,
1968, in Case No. 6316, to the headgnte
of the P,L,R. Ditch which was designated
as being located on the north bank of
the East fork of Parachute Creek at a
point whence the quarter corner common
to Section. 29 and 30, Township 5 South,
Range 95 West of the 6th P.M,, hears
North 88°15' We: t 2,120 feet, but which
-7-
by actual sur•.ey is located on said creek
at a point whence the northwest corner
of Section 30, Township 5 South, Range 95
West of the 6th P.M., bears North 69°56'
West a distance of 7,814 feet. Date
of decree: January 4, 1937, in the
District Court of Garfield County, Case
No. 3124.
(6). 0.38 c.f.s. out of Priority No. 202 de-
creed to the Bessie Ditch, Water District
No. 39 of the State of Colorado, for
0.38 c.f.s. as of May 1, 1913, out of
the East Fork of Parachute Creek,for
irrigation purposes, with headgate located
on the north bank of said creek at a
point whence the quarter section corner
common to Sections 29 and 30, Township 5
South, Range 95 West of the 6th P.M.,
bears North 4°0' East a distance of
1,170 feet. The point of diversion of
said 0.38 c.f.s. was changed by decree
of the District Court of Garfield County
on July 15, 1968, in Case No. 6316, to •
the headgate of the P.L.R. Ditch which
was designated as being located on the
north bank of the East Fork of Parachute
Creek at a point whence the quarter corner
common to Sections 29 and 30, Township 5
South, Range 95 West of the 6th P.M.,
bear's North 88°l5' West 2,120 feet, but
which by actual survey is located on
said creek at a point whence the northwest
corner of Section 30, Township 5 South,
Range 95 West of the 6th P.M.,bears North
69°56' West a distance of 7,814 feet.
Date of decree: January 4, 1937, in
the District Court of Garfield County,
Case No. 3124.
(7). 0.87 c.f.s. out of priority No. 207F
decreed to the Bessie Ditch, First Enlarge-
ment, Water District No. 39 of the State
of Colorado, for 0.87 c.f.s. as of March 1,
1926, out of the East Fork of Parachute
Creek,for irrigation purposes, with head -
gate located on the north bank of said
creek at a point whence the quarter corner
common to Sections 29 and 30, Township 5
South, Range 95 West of the 6th P.M.,
bears North 4°0' East 1,170 feet. The
point of diversion of said 0.87 c.f.s.
was changed by decree of the District
Court of Garfield County on July 15,
1968, in Case No. 6316, to the headgate
of the P.L.R. Ditch, which was designated
as being located on the north bank of
the East Fork of Parachute Creek at a
point whence the quarter corner common
to Sections 29 and 30, Township 5 South,
Range 95 West of the 6th P.M., hears
North 88°15' West 2,120 feet, but which
by actual survey is located on said creek
at a point whence the northwest corner
of Section 30, Township 5 South, Range
95 West of the 6th P.M., bears North 69°56'
West, a distance of 7,814 feet. Date
of decree: January 4, 1937, in the District
Court of Garfield County, Case.No. 3124.
-8-
(8)
(9)
1.04 c.f.s. out of Priority No. 204 decreed
to the P.L.R. Ditch, Water District No.
39 of the State of Colorado, for 1.04
c.f.s. as of May 1, 1914, out of the
'East Fork of Parachute Creek for irri-
gation purposes, with headgate located
on the north bank of said creek at a
point whence the quarter corner common
to Sections 29 and 30, Township 5 South,
Range 95 West of the.6th P,M., bears
North 88°15' West 2,120 feet. Date of
decree: January 4, 1937, in the District
Court of Garfield County, Case No. 3124.
2.42 c.f.s. out of Priority No. 207D
decreed to the P.L.R. Ditch, First Enlarge-
ment, Water District No. 39 of the State
of Colorado, for 2.42 c.f.s. as of March
1, 1926, out of the East Fork of Parachute
Creek for irrigation purposes, with head -
gate located on the north bank of said
creek at a point whence the quarter corner
common to Sections 29 and 30, Township 5
South, Range 95 West of the 6th P.M.,
bears North 88°15' West 2,120 feet. Dare
of decree: January 4, 1937, in the District
Court of Garfield County, Case No. 3124.
(10) 0.44 c.f.s. out of Priority No. 179BB
decreed to the East Fork Ditch, Water
District No. 39 of the State of Colorado,
for 0.44 c.f.s. as of August 1, 1912,
out of the East Fork of Parachute Creek,
for irrigation purposes, with headgate
located on the north bank of said creek,
at a point in the SEkSW Section 30,
Township 5 South, Range 95 WeSt, 6th P.M.
Date of decree: March 27, 1920, in the District
Court of Garfield County, Case No. 2011.
(11) 3.47 c.f.s. out of Priority No. 207G
decreed to the East Fork Ditch, First
Enlargement, Water District No. 39 of
the State of Colorado, as of March 1,
1926, out of the East Fork of Parachute
Creek for 3.47 c.f.s.,for irrigation
purposes, with headgate located on the
south bank of said creek at a point
whence the south quarter corner, Section
30, Township 5 South, Range 95 West, of
the 6th P.M., bears South 86°35' East
1,185 feet. Date of decree: January
4, 193.7, in the District Court of Garfield
County, Case No.. 3124.
(12) 2.0 c.f.s. out of Priority No. 143C decreed
to the Davenport Ditch, hater District
No, 39 of the State of Colorado, as of
May 1, 1889, out of Parachute Creek for
2.0 c.f.s.,,for irrigation purposes, with
headgate designated as being on the west
bank of said creek at a point whence the
west quarter corner, Section 30, Township
5 South, Range 95 West of. the 6th P.M.,
bears North 87°45' East 650 feet, but which
by actual survey is located on the west
bank of the 'fiddle Fork of Parachute Crec:K,
whence the northwest corner of Section
30, Township 5 South, Range 95 West of
the 6th P.M., bears North 9"55' West a
distance of 871 feet. Date of Decree: .June 16,
1898, in the District Court of Garfield County,
Case No. 723,
-9-
(13) 5.69 c.f.s. out of Priority 207C decreed
to the Davenport Ditch, First Enlargement,
Water District No. 39 of the State of
Colorado, as of March 1, 1926, out of the
Middle Fork of Parachute Creek for 5.69 c.f.s.,
for irrigation purposes, with headgate de-
signated as being on the west bank of
Parachute Creek at a point whence the West
quarter corner, Section 30, Township 5
South, Range 95 West of the 6th P.M. bears
North 87°45' East 650 feet, but which by
actual survey is located on the west bank
of the Middle Fork of Parachute Creek,
whence the Northwest corner of Section 30,
Township 5 South, Range 95 West of the 6th
P.M.,bears North 9°55' West a distance of
871 feet. Decree dated: January 4, 1937,
in the District Court of Garfield County,
Case No. 3124.
(14) 0.25 c.f.s. out of Priority No. 205 decreed
to the Charley Dere Ditch, Water District
No. 39 of the State of Colorado, as of Octo-
ber 1, 1914, out of the Middle Fork of
Parachute Creek for 0.25 c.f.s. for irriga-
tion purposes, with headgate being located
on the west bank of said creek at a point
from which the West quarter corner of Lot 9,
Section 18, Township 5 South, Range 95 West
of the 6th P.M., bears South 60°00' West
559 feet. Date of decree: January 4, 1937,
in the District Court of Garfield County,
Case No. 3124.
(15) 0.58 c.f.s. out of Priority No. 207A decreed
to the Charley Dere Ditch, First Enlargement,
Water District No. 39 of the State of Colorado,
as of March 1, 1926, out of the Middle Fork
of Parachute Creek for 0.58 c.f.s.,for irri-
gation purposes, with the headgate being lo-
cated on the west bank of said creek at a
point from which the west quarter corner of
Lot 9, Section 18, Township 5 South, Range 95
West of .the 6th P.N., bears South 60°00' West
559 feet. Date of decree: January 4, 1937,
in the District Court of Garfield County, Case
No. 3124.
(16) 0.76 c.f.s. out of Priority No. 203 decreed
to the C.C.D. Ditch, Water District No. 39
of the State of Colorado, as of April 1, 19L4,
out of the Middle Fork of Parachute Creek for
0.76 c.f.s.,for irrigation purposes, with the
headgate being located on the northwest bank
of said creek at a point whence the witness
quarter corner common to Sections 18 and 19,
Township 5 South, Range 95 West of the 6th
P.M., bears South 52°54' East 210 feet. Date
of decree: January 4, 1937, in the District
Court of Garfield County, Case No. 3124.
-10-
(17) 1.77 c.f.s. out of Priority No. 207B decreed
to the C.C.D. Ditch, First Enlargement, Water
District No. 39 of the State of Colorado, as
of March 1, 1926, out of the Middle Fork of
Parachute Creek for 1.77 c.f. s ., for irriga-
tion purposes, with the headgate being located
on the northwest bank of said creek at a point
whence the witness quarter corner common to
Sections 18 and 19, Township 5 South, Range
95 West of the 6th P.M., bears South 52°54'
East 210 feet. Date of decree: January 4,
1937, in the District Court of Garfield County,
Case No. 3124.
(18) 1.30 c.f.s. out of Priority No. 168A decreed
to the West Fork Ditch, Water District No.
39 of the State of Colorado, as of May 18,
1903, out of the West Fork of Parachute
Creek for 1.30 c.f.s., for irrigation pur-
poses, with the headgate located on the north
bank of said creek at a point whence the
point of cliff bears North 53° East 1660
feet, and a point of cliff bears South 14°
East 2090 feet. Date of decree: March 27,
1920, in the District Court of Garfield
County, Case No. 2011.
(19) 0.12 c.f.s. out of Priority No. 177AA decreed
to the Spring Ditch, Water District 39 of
the State of Colorado, as of November. 1, 1909,
out of springs for 0.12 c.f.s.,for irrigation
purposes, with the headgate being located at
a spring in the NE4 of Section 25, Township
5 South, Range 96 West, Gth P.11.., about 50
feet from the range line between Ranges 95
and 96, from which spring, and other springs
in the immediate vicinity thereof, derives
its supply of water, whence the East quarter
corner of Section 25, Township 5 South, Range96
West, 6th P.M., bears South 1°45' East 1616 feet.
Date of decree: March 27, 1920, in the Dis-
trict Court of Garfield County, Case No. 2011.
(20) 0.80 c.f.s. out of Priority No. 126A decreed
to the Parachute High Line Ditch, Water Dis-
trict No. 39 of the State of Colorado, for
0.80 c.f.s. as of Mardh 3, 1888, out of the
East Fork of Parachute Creek, for the irri-
gation of lands, with headgate located on
the east bank of said creek, at a point
about 100 feet north of the ,junction.of the
East and Middle. Forks of said Parachute
Creek and near the Northeast corner of Sec-
tion 36, Township 5 South, Range 96 West,
6th P.M. The point of diversion for. said
0.80 c.f.s. was changed by decree of the
District Court of Garfield County, Colorado
on July 15, 1968, in Case No. 6316, to the
headgate of the East Fork Ditch which was
designated as being located on the south
bank of the East Fork of Parachute Creek
at a point whence the South quarter corner,
Section 30, Township 5 South, Range 95 West
of the 6th P.I., bears South 86°35' East,
1185 feet, but which by actual survey is
located on the north bank of the East Fork
of Parachute Creek, whence the Northwest
corner of Section 30, Township 5 South,
Range 95 West of the 6th P.M., bears North
39°45' West a distance of 5387 feet.
Date of original decree: December 29, 1903,
in the District Court of Garfield County
Case No. 1059.
(21) 1.85 c.f.s. out of Priority 154B13 decreed
to the Parachute high Line Ditch, First
Enlargement, Water District No. 39 of the
State of Colorado, for 1.85 c.f.s. as of
April 20, 1895, out of the East Fork of
Parachute Creek, for the irrigation of
lands, with headgate located on the cast
bank of said creek, at a point about 100
feet north of the junction of the East and
Middle Forks of said Parachute Creek and
near the Northeast corner of Section 36,
Township 5 South, Range 96 West, 6th P.M.
The point of diversion for said 1.85 c.f.s.
was changed by decree of the District
Court of Garfield County, Colorado, on
July 15, 1968, in Case 11o. 6316, to the
headgate of the East Forlc Ditch which was
designated as being located on the south
bank of the East Fork of Parachute Creek
at a point whence the South quarter corner
Section 30, Township 5 South, Range 95
West of the 6th P.M., bears South 86°35'
East 1185 feet, but which by actual survey
is located on the north bank of the East
Fork of Parachute Creek, whence the North-
west Corner of Section 30, Township 5
South, Range 95 West of. the 6th P.M., bears
North 39°45' West a distance of 5387 feet.
Date of original decree: December 29, 1903,
in the District Court of Garfield County,
Case No. 1059.
(22) 2.37 c.f.s. out of Priority No. 131 decreed
to the Parachute Ditch, Water District No.
39 of the State of Colorado, for 3.6 c.f.s.
as of April 1, 1888, out of Parachute Creek,
for the irrigation of lands, with headgate
located on the west bank of said creek,
about three and one-quarter miles above the
mouth. Decree date: May 11, 1889, in the
District Court of Garfield County, Case
No. 103,
(23) 1.30 c.f.s. out of Priority No. 145 decreed
to the Parachute Ditch, West Enlargement,
(being the first enlargement of Parachute
Ditch), Water District No. 39 of the State
of. Colorado, for 1.30 c.f.s. as of April 25,
1890, out of Parachute Crcek,for irrigation
purposes, with headgate located on the west
bank of said creek, about three and one-
quarter miles above the mouth. Date of
-12-
decree: April 27, 1892, in the District
Court of Garfield County, Case No. 469.
(24) 0.035 c.f.s. out of Priority No. 149
decreed to the Holmes and Morgan Exten-
sion and Enlargement of the Parachute
Ditch, Water Division No, 39 of the
State of Colorado,for 1.6 c.f.s. as of
November 9, 1891, out of Parachute Creek,
for irrigation purposes, with headgate
located on the west bank of said creek,
about three and one-quarter miles above
the mouth. Date of decree: April 27,
1892, in the District Court of Garfield
County, Case No. 469.
(25) 19.72 c.f.s. out of Priority No. 207Q
decreed to the Third Enlargement of Para-
chute Ditch, Water District No. 39 of
the State of Colorado, for 19.72 c.f.s.
as of March 1, 1926, out of Parachute
Creek, for irrigation purposes, with head -
gate located on the west bank of said
creek, at a point from which the North
quarter corner of Section 3, Township 7
South, Range 96 West of the 6th P.M.,
bears South 54'00' East 1936 feet. gate
of decree: January 4, 1937, in the Dis-
trict Court of Garfield County, Case No.
3124.
(26) 1.33 c.f.s. out of Priority No. l99
decreed to the Highline Ditch, Water
District No. 39 of the State of Colorado,
for 1.33 c.f.s. as of May 1, 1888, out
of Parachute Creek for irrigation pur-
poses, with headgate located at a point
on Parachute Creek, from which the East
quarter corner of Section 36, Township
5 South, Range 96 West of the 6th P.M.,
bears South 24°00' East 1452 feet. The
point of diversion of said 1.33 c.f.s.
was changed by decree of the District
Court of Garfield County on July 15,
1968, in Case No. 6316. to the headgate
of the Davenport Ditch which was desig-
nated as being located.on the west bank
of Parachute Creek at a point whence the
West quarter corner Section 30, Town-
ship 5 South, Range 95 West of the 6th
P.M., bears North 87°45' East 650 feet,
but which by actual survey is located
on the west bank of the Middle Fork of
Parachute Creek, whence the Northwest
corner of Section 30, Township 5 South,
Range 95 West of the 6th P.M., bears
North 9°55' West a distance of 871 feet.
Original decree was entered January 4,
1937, in the District Court of Garfield
County, Case No. 3124.
-13-
(27) 3.09 c.f.s. out of Priority No. 20711
decreed to the 3fighline Ditch, First
Enlargement, Water District No. 39
of the State of Colorado, for 3.09 c.f,s.
as of March 1, 1926, out of Parachute
Creek,for irrigation purposes, with
headgate located at a point on Parachute
Creek from which the East quarter corner
of Section 36, Township 5 South, Range
96 West of the 6th P.M., bears South
24°00' East 1452 feet. The point of
diversion of said 3.09 c.f.s. was changed
by decree of the District Court of Gar-
field County on July 15, 1968,in Case
No. 6316, to the headgate of the Davenport
Ditch which was designated as being lo-
cated on the West bank of Parachute Creek
at a point whence the West quarter corner
Section 30, Township 5 South, Range 95
West of the 6th P.M., bears North 87°45'
East 650 feet, but which by actual sur-
vey is located on the west bank of the
Middle Fork of Parachute Creek, whence
the Northwest corner of Section 30, Town-
ship 5 South, Range 95 West of the 6th
P.M.,bears North 9°55' West a distance
of 871 feet. Original decree January 4,
1937, in the District Court of Garfield
County, Case No. 3124.
(28) 7.49 c.z.s. out of the following priorities
decreed to the Granlee Ditch and its en-
largements:
(a) Priority No. 143AA decreed to
the Granlee Ditch, Water Divi-
sion No. 39 of the State of
Colorado, for 0.40 c.f.s. as
of April 1, 1889, out of Para-
chute Creek, for irrigation
purposes, with headgate located
on the east bank of said creek
at a point near the southerly
side of the NEk of the NW1/2 of
Section 4, Township 6 South,Range
96 West, 6th P.N. Date of decree:
February 20, 1900, in the Dis-
trict Court of Garfield County,
Case No. 781.
(b) Priority No. 154A decreed to
the Hughes and Cox Enlargement
of the Granlee Ditch, Water
Division No. 39 of the State
of Colorado, for 3.60 c.f.s, as
of April 15, 1895, out of Para-
chute Creek, for irrigation
purposes, with headgate located
on the east bank of said creek
at a point near the southerly
side of the NE 4 of the NW; of
Section 4, Township 6 South, Range
96 West, 6th P..M. Date of decree:
-14-
February 20, 1900, in the Dis-
trict Court of Garfield County,
Case No. 781.
(c) t)riority No. 158AA decreed to
the Clayton Enlargement of the
Grantee Ditch, Water District
39 of the State of Colorado, for
1.0 c.f.s. as of May 6, 1900, out
of Parachute Creek for the irri-
gation of lands, with headgate
located on the east bank of said
creek at a point near the southerly
side of the NE4 NWu of Section 4,
Township 6 South, Range 96West, 6th P.M.
Date of decree: February 4, 1909,
in the District Court of Garfield
County, Case No. 1345.
(d) Priority No. 161AA decreed to the
Third Enlargement of the Granlee
Ditch, Water District No. 39 of
the State of Colorado, for 1.60 c.f.s.
as of November 5, 1901,out of Para-
chute Creek,for the irrigation of
lands, with headgate located on
the east bank of said creek at a
point from which the West quarter
corner of Section 4, Township 6 South,
Range 96 West, 6th P.M., bears South
30°30' West 3785 feet. Date of
decree: February 4, 1909, in the
District Court of Garfield County,
Case No. 1345.
(e) Priority No. 2071 decreed to the
Fourth Enlargement of the Grantee
Ditch, Water District No. 39 of
the State of Colorado, for 6.09 c.f.s,
as of March 1, 1926, out of Para-
chute Creek, for the irrigation of
lands, with headgate located on the
east bank of said creek at a point
from which the West quarter corner
of Section 4, Township 6 South,
Range 96 West of the 6th P.M.,
bears South 30°30' West 3785 feet.
Date of decree: January 4, 1937,
in the District Court of Garfield
County, Case No. 3124.
(29) 0.80 c.f.s. out of Priority No. 141A decreed
to the Riley Ditch, Water District No. 39
of the State of Colorado, for 0.80 c.f.s. as
of July 1, 1833, out of Riley Gulch for the
irrigation of lands, with headgate on the
north side of said gulch, at a point about
1200 feet Northwest of the Southwest corner
SWk Section 34, Township 6 South, Range 96
West, 6th P.N. Date of Decree: Apr.t1 16, 1909, in
the District Court of Garfield County, Case
No. 1357.
L
(30) 0.20 c.f.s. out of Priority No. 200 decreed
to the Riley Ditch, hater District No. 39
of the State of Colorado, for 0.20 c.f.s.
as of June 1, 1891, out of Riley Gulch, for
the irrigation of lands, with headgate on
the north side of said gulch, at a point
from which the Northwest corner of Section 3,
Township 7 South, Range 96 West, 6th P.tt., bears
South 76'00' West 587 feet distant. Date
of decree: January 4, 1937, in the District
Court of Garfield County, Case No. 3124.
(31) 0.30 c.f.s. out of Priority No. 2072 decreed
to the First Enlargement of the Riley Ditch,
Water District No. 39 of the State of Colorado,
for 0.30 c.f.s. as of March 1, 1926, out of
Riley Gulch, for the irrigation of lands, with
headgate on the north side of said gulch, at
a point from which the Northwest corner of
Section 3, Township 7 South, Range 96 West, 6th P.M.,
bears South 76'00' West 587 feet distant.
Date of decree: January 4, 1937, in the Dis-
trict Court of Garfield County, Case No. 3124.
(32) 4.917 c.f.s. out of the following priorities
decreed to the Benson and Barnett Ditch and
its enlargements:
(a) Priority No. 144BBBB decreed to
the Benson and Barnett Ditch,
Water District No. 39 of the
State of Colorado, for 2.3 c.f.s.
as of March 25, 1890, out of
Parachute Creek, for the irri-
gation of lands, with headgate
on the west bank of said creek,
at a point about 100 yards north
of the north line of the NW4 NW4
of Section 9, Township 6 South,
Range 96West, 6th P.M., Date of Decree:
February 24, 1902, in the Dis-
trict Court of Garfield County,
Case No. 947.
(b) Priority No. 207J decreed to the
First Enlargement of the Benson
and Barnett Ditch, Water District
No. 39 of the State of Colorado,
for 6.21 c.f.s. as of March 1,
1926, out of Parachute Creek, for
the irrigation of lands, with
headgate on the west bank of said
creek, at a point from which the
corner common to Sections 5, 4, 3
and 9, Township 6 South, Range 96
West, 6th P.M, bears South 5100' Wes t
1220 feet. Date of decree: January 4,
1937, in the District Court of
Garfield County, Case No. 3124.
(33) 22.89 c.f.s. out of the following priorities
decreed to the Low Cost Ditch and its enlarge-
ments:
-16-
(a) Priority No, 83 decreed to the
Low Cost Ditch, Water District
No. 39 of the State of Colorado,
for 5,0 c.f.s. as of January 4,
1887, out of Parachute Creek,for
the irrigation of lands, with
headgate on the cast bank of said
creek, about eight miles above
the mouth. Date of decree:
May 11, 1889, in the District
Court of Garfield County, Case
No. 103.
(b) Priority No. 132 decreed to the
First Enlargement of the Low Cost
Ditch, Water District No. 39 of
the State of Colorado, for 9.0
c.f.s. as of April 1, 1888, out
of Parachute Creek,for the irriga-
tion of lands, with headgate on
the east bank of said creek, about
eight miles above the mouth. Date
of decree: May 11, 1889, in the
District Court of Garfield County,
Case No. 103.
(c)
Priority No. 2070 decreed to the
Third Enlargement of the Low Cost
Ditch, Water District No. 39 of
the State of Colorado, for 12.34 c.f.s.
as of March 1, 1926, out of Para-
chute Creek,for the irrigation of
lands, with headgate on the east
bank of said creek, at a point from
which the North quarter corner of
Section 20, Township 6 South, Range
96 West of the 6th P.M., bears South
18°00' West 800 feet. Date of decree:
January 4, 1937, in the District Court
of Garfield County, Case No. 3124.
(34) Five wells in the alluvium of Parachute Creek:
(a) Union 76 Water Well No. 1 - State
Engineer's Permit No. 06045-F,
236 g.p.m. (.52 c.f.s.) for domes-
tic, industrial, stock watering,
fire protection, and other bene-
ficial uses. Location: in the
NEu NE4 of Section 36, Township
5 South, Range 96 West, 6th P.M.,
at a point whence an iron post
with a brass cap found in place
and properly marked for the closing
corner on the section line between
Sections 25 and 30 and the southerly
line of Tract l#37 bears North
30°57'30" East 589.00 feet. Date
of decree: June 28, 1973, in the
Water Court for Water Division
No. 5, Case No. W-1345,,
(b) Lindauer No. 1 Well - 25 g.p.m.
(.055 c.f.s.) for domestic, fire
protection, lawn and garden ir-
rigation, and other beneficial
uses. Location: in Lot 3 of
Section 2, Township 7 South,
Range 96 West, 6th P.M., at a
point whence the North quarter
corner of said Section 2 bears
North 41°39'45" East 1616.24
feet. Date of decree: March
20, 1973, in the Water Court for
Water Division No. 5, Case No.
W-1611.
(c)
Sherwood Well No. 1 - 10 g.p.m.
(.022 c.f.s.) for stock watering
and other beneficial uses. Lo-
cation: in Lot 4 of Section 34,
Township 6 South, Range 96 West,
6th P.M., at a point whence the
quarter corner common to Sections
27 and 34 in said township -and
range bears North 32°18'26" East
2218.86 feet. Date of decree:
March 20, 1973, in the Water Court
for Water Divisior. No. 5, Case No.
W-1611.
(d) Sherwood Well No. 2 - $ g.p.m.
(.0176 c.f.s.) for domestic, fire
protection, and other beneficial
uses. Location: in Lot 4 of
Section 34, Township 6 South,
Range 96 West, 6th P.M., at a point
whence the quarter corner common
to Sections 27 and 34 in said
township and range bears North
28°42'29" East 1543.36 feet. Date
of decree: March 20,. 1973, in
the Water Court for Water Division
No. 5, Case No. W-1611.
(e) Nelson Well No. 1 - 8 g.p.m.
(.0176 c.f.s.) for domestic, fire
protection, and other beneficial.
uses. Location: in the SE4 SW
of Section 34, Township 6 South,
Range 96 West, 6th P.M., at a
point whence the Southwest corner
of said Section 34 bears South
64°04'05" West 1925.60 feet. Date
of decree: March 20, 1973, in
the Water Court for Water Division
No. 5, Case No. W-1611.
-18-
C. "Pumping Pipeline" Conditional Decree (Colorado River).
Applicant is the owner of a conditional decree for Its 'Pumping Pipeline"
diversion facility, for 119.5 c.f.s, out of the Colorado River for municipal,
Industrial, and ail other uses In connection with its oil shale operations,
Priority No. 259, as of February 14, 1949. The point of diversion for the
"Pumping
Pipeline" k described as "a point on the.westerly or northwesterly
bank of the Colorado River whence the section corner common to Sections
6 and 7, Township 7 South, Range 95 West of the 6th P.M., and Sections
1 and 12, Township 7 South, Range 96 West of the 6th P.M. bears South
09°05' West 3364.65 feet. The diversion facility will consist of an intake
crib located in the Colorado River, two 43 -inch Intake pipes, and an on -bank
pumping facility. The intake crib and intake pipes have been installed.
The 14 -acre on -bank diversion site has been prepared for construction of
the pumping facility. The decree was entered by Garfield County District
Court on September 5, 1952, in Case No. 4004. Findings of Reasonable
Diligence have been entered by this Court biennially since then, the last
such finding having been entered on December 11, 1974 (Case No. W-26-74) .
D, Parachute Creek Reservoir.
Applicant owns jointly with Chevron Shale Oil Company a conditional decree
for storage of 33,773 acre feet In Parachute Creek below the confluence of
the East, West, and Middle Forks of Parachute Creek, for municipal,
industrial, and all other uses in connection with their oil shale operations,
priority date December 15, 1966. The location of the dam is described
es "the Intersection of centerline of the darn axis with the centerline of
Parachute Creek which Is located at a point whence the South Quarter
Corner of Section 36, Township 5 South, Range 96 West of the 6th Principal
Meridian, bears North 6°42' East a distance of 9049.9 feet." The sources
of water for filling said reservoir are water stored from Parachute Creels
L
and its tributaries, and water diverted from the Colorado River through
Applicant Union Oil Company of California's "Pumping Pipeline", and Chevron
Shale Oil Company's "Eaton Pumping Plant and Pipeline" and "Dragert
Pumping Plant and Pipeline". The decree was entered by the Water Court
for Water Divsion No. 5 on July 26, 1971, in Case No. W-252. A Finding
of Reasonable Diligence was entered by the Water Court on July 17, 1973,
in Case No. W-654-72.
4. A. Applicant's water rights in the Roaring Fork Drainage, listed in
Paragraph 3A of these Findings, historically have been used to irrigate
631 acres of land upon which alfalfa, native hay, and pasture grass have
been grown, with a total average annual consumptive use of 1152.6 acre
feet. Of said 631 acres of land, Applicant retains ownership of and continues
to irrigate 473 acres at the present time. Said 473 acres of land are described
in Exhibit "A" attached hereto and incorporated herein by this reference.
The remaining 158 acres of historically irrigated land, with a total average
annual consumptive use of 289.1 acre feet, have been permanently removed
from irrigation and are no longer owned by Applicant. Said 158 acres,
which are described in Exhibit "B" attached hereto and incorporated herein
by this reference, are comprised of the following tracts:
(1) 60 acres upon which alfalfa was raised, formerly irrigated with
water diverted through the Rockford Ditch pursuant to the water
rights listed in Paragraph 3A (5) and (6) of these Findings, with
an average annual consumptive use of 109.8 acre feet. Said lands
(formerly part of the "Kinsall Ranch") were permanently removed
from irrigation when said water rights were transferred to the headgate
of the Southard and Cavanaugh Ditch by decree entered in this
Court on October 11, 1966, in Case No. 5967. Since that time, water
has been diverted pursuant to said water rights listed in Paragraph
3A (5) and (6) of these Findings for irrigation of lands on the "Coryell
-20-
c
Ranch" owned by Applicant and described in Exhibit "A" attached
hereto. Said water rights, however, are snot nee'i' d in order to
adequatAly irrigate said lands.
(2) 78 acres upon which alfalfa was raked, formerly irrigated with
water diverted through the Atkinson Canal pursuant to the water
rights listed in Paragraph 3A (15), (16), (17) and (18) of these
Findings, with an average annual comsumptive use of 142.7 acre
feet. Said lands (formerly part of Applicant's "Wulfsohn Ranch")
were permanently removed from irrigation when they were acquired
by the Denver and Rio Grande Railroad for railroad track right-
of-way in 1967. Since that time, water has been diverted pursuant
to said water rights for Irrigation of remaining lands on Applicant's
"lYulfsohn Ranch." Said water, however, k not needed in order
to adequately irrigate said lands.
(3) 20 acres upon which alfalfa was raised, formerly irrigated with
water diverted through the Staton and Glenwood Ditches pursuant
to the water rights listed in Paragraph 3A (10), (11) (12), (13)
and (14) of these Findings, with an average annual consumptive
use of 36.6 acre feet. Said lands (formerly part of Applicant's "Sanders
Ranch") were permanently removed from irrigation when they were
acquired by the State of Colorado for a right-of-way for State Highway
No. 82 in 1967. Since that time, water has been diverted pursuant to
said water rights for irrigation of remaining lands on Applicant's
"Sanders Ranch." Said water, however, is not needed in order to
adequately irrigate said lands.
B, Applicant's water rights in the Parachute Creek drainage, listed in
Paragraph 3B of these Findings, historically have baen used to Irrigate 708
acres of land upon which alfalfa, native hay, pasture grass and corn have
been grown, with a total average annual consumptive use of 1395,9 acre
feet. Applicant retains ownership of said 708 acres of land, and continues
to irrigate said lands at the present time. Said lands are described in
- 21 -
c
Exhibit "C" attached hereto and incorporated herein by this reference.
5. Applicant owns fee title to approximately 30, 546 acres of land in the
Parachute Creek area of the Piceance Creek 13asin north of Grand Valley, Colorado.
Approximately 20,000 acres of these lands contain valuable deposits of oil shale
which Applicant intends to develop. The remainder of these lands are bottom lands
along Parachute Creek and its tributaries. The primary sources of water supply
for Applicant's oil shale operations will be water diverted from the Colorado River
pursuant to its "Pumping Pipeline" conditional decree, and water stored from
Parachute Creek and its tributaries pursuant to Applicant's conditional decree for
Parachute Creek Reservoir. Water diverted from the Colorado River through
Applicant's "Pumping Pipeline" will be used directly to supply its oil shale opera-
tions, or will be transported to Parachute Creek Reservoir for storage and subse-
quent use in connection with such operations. Applicant intends to use its other
water rights, which historically have been used for irrigation of lands in the Roaring
Fork and Parachute Creek drainages, to furnish a supplemental source of supply
for its oil shale operations in the Parachute Creek drainage at times when its above-
described primary sources of supply are inadequate. In order to make such water
rights available for use in connection with its oil shale operations, Applicant has
fled herein an application for approval of a proposed plan for augmentation, including
exchange.
6. Pursuant to its proposed plan for augmentation, including exchange,
Applicant seeks a decree modifying its water rights in the Roaring Fork and
Parachute Creek drainages (listed in Paragraphs 3A and 3E3 of these Findings) so
that Applicant will be permitted to:
A. Change the use of its Roaring Fork and Parachute Creek rights to
industrial, retorting, mining, refining, power, domestic, and all other uses
in connection with its oil shale operations, as alternative uses when said
rights are not used for irrigation.
-22-
B. Divert pursuant to its Roaring Fork water rights at the intake of its
"Pumping Pipeline" diversion facility on the Colorado River as an alternate
point of diversion, and to transport said water through said pipeline to
Parachute Creek and its tributaries for use in connection with Applicant's
oil shale operations, as follows:
(1) storage in parachute Creek Reservoir, to the extent of the historic
consumptive use associated with said Roaring Fork rights, with the
right to fill and refill said reservoir continuously with said water;
(2) diversion at the existing points of diversion of each of its Parachute
Creek water rights listed in Paragraph 3B of these Findings and use
in conjunction with or in substitution tor each of said Parachute Creek
rights for oil shale purposes only; and
(3) augmentation of each of its existing wells listed in Paragraph 3B (34)
of these Findings, and future wells which may be constructed in the
drainage of Parachute Creek and its tributaries, so that diversions
through said wells will not be curtailed in times of shortage, so long
as this plan for augmentation, including exchange, is being adminis-
tered in accordance with the terms of this Decree.
C. Divert pursuant to its Parachute Creek water rights at the following
alternate points of diversion:
(1) the existing point of diversion of each of its water rights listed in
Paragraph 3B of these Findings;
(2) additional wells to be constructed in the drainage of Parachute Creek
and its tributaries; and
(3) the intake of its "Pumping Pipeline" diversion facility on the Colorado
River, as described in Paragraph 3C of these Findings.
D. Store water in Parachute Creek Reservoir pursuant to each of its
Parachute Creek water rights listed in Paragraph 3B of these Findings, to
the extent of the historic consumptive use associated with said rights, with
- 23 -
the right to fill and refill said reservoir continuously with said water. Water
will be stored pursuant to those of said rights which have points of diversion
downstream from the dam of Parachute Creek Reservoir by exchange From
Parachute Creek and its tributaries above the dam of said Parachute Creek
Reservoir, or by diverting said water at the intake of its "Pumping Pipeline"
diversion facility on the Colorado River, and transporting it through said
pipeline to said Parachute Creek Reservoir.
E. Reimpound and reuse the return flows, if any, from its oil shale
operations, including sewage effluent, to the extent of the historic consumptive
use associated with its Roaring Fork and Parachute Creek water rights after
deducting such carriage losses resulting from said reimpoundment and reuse
as may be required by the Division Engineer for Water Division No. 5, not
to exceed .05 percent per mile; or to the extent of the augmentation of Para-
chute Creek by releases from Parachute Creek Reservoir, whichever is
greater.
7. In order to assure that its plan for augmentation, including exchange,
proposed heroin will not cause materia! injury to the owners or users of vested water
rights or decreed conditional water rights in the Colorado River or its tributaries,
Applicant proposes that the following conditions be imposed upon the operation of
said plan for augmentation, including exchange:
A. Diversions pursuant to Applicant's water rights in the Roaring Fork
drainage at the intake of its "Pumping Pipeline" on the Colorado River as an
alternate point of diversion shall be subject to the following limitations:
(1) Such diversions shall be made only during the period April 15 through
September 30 of each year.
(2) Such diversions shall be made only at times when said water rights are
in priority and water is physically available at their historic points
of diversi", ^nd the amounts of such diversions shall be limited to the
• - 211-
c
amounts available at said historic points of diversion.
(3) The total amount of such diversions shall not in any year exceed
1152:6 acre feet (the historic average annual consumptive use associ-
ated with said water rights), Icss such estimated carriage losses between
the historic points of diversion and the intake of Applicant's "Pumping
Pipeline" as may be required by the Division Engineer for Plater Divi-
sion No. 5, but not to exceed 29 acre feet. During years when those of
Applicants's water rights in the Roaring I-ork drainage which historically
have been used for irrigation of its lands described in Exhibit "A" attached
hereto (the historic average annual consumptive use associated with said
water rights is 863.5 acre feet) are diverted prior to June 30 for irriga-
tion of said lands, the amount of water which it shall be entitled to
divert at said alternate point of diversion shall be reduced in the amount
of 5.1 acre feet for each day beginning on April 15 through the day on
which such diversions for irrigation of said lands ceast.,
(11) During years when such diversions are made only pursuant to Appli-
cant's water rights historically used to irrigate the lands described
in Paragraph tiA (1), (2) and (3) of these Findings, the total amount
of such diversions shall not exceed 289.1 acre feet (the historic
average annual consumptive use associated with the irrigation of
said lands), less such estimated carriage losses between the historic
points of diversion of said water rights and the intake of Applicant's
"Pumping Pipeline" as may be determined by the Division Engineer
for Vater Division No. 5, but not to exceed 7 acre feet. During years
when said water rights are diverted prior to June 30 for irrigation of
Applicant's lands in the Roaring Fork drainage described in Exhibit
"A" attached hereto, the amount of water which it shall be entitled to
divert at said alternate point of diversion shall be reduced in the amount
of 1.9 acre feet for each day beginning an April 15 through me pay un
which such diversions for Irrigation of said lands cease,
L
(5) During times of such diversions, Applicant shall cause a "call" to be
placed by its water rights in the Roaring Fork drainage at the historic
points of diversion of said rights for an amount sufficient to
produce the amount of said decreed rights, and no call shall be placed
save as to those water rights in the Roaring Fork drainage against
which a call historically could have been placed.
B. Diversions pursuant to Applicant's water rights in the Parachute Creek
drainage at any of the alternate points of diversion set forth in Paragraph
6C of these Findings shall be subject to the following limitations:
(1) Such diversions pursuant to said water rights, except for Applicant's
five wells listed in Paragraph 3B (Vi) of these Findings, and additional
welts which may be constructed in the drainage of Parachute Creek
and its tributaries, shall be made only during the period April 15
through October 31 of each year, which is the period during which
water historically has been diverted pursuant to said rights for
irrigation of the lands described in Paragraph ?IS of these Findings.
(2) Such diversions shall be made only at times when said water rights
are in priority and water is physically available at their historic
points of diversion, and the amounts of such diversions shall be
limited to the amounts available at said historic points of diversion.
(3) The total consumptive use resulting from such diversions shall not
in any year exceed 1395.9 acre feet, which is the historic average
annual consumptive use associated with said water rights.
(i) During times of such diversions, Applicant shall cause a "call" to
be placed by its water rights in the Parachute Creek drainage at
the historic points of diversion of said rights for an amount suffi-
cient to procluce the amount of . I decreed rights, and no call
shall be placed so -' tf 7s.; water rights in the Parachute Creek
drainage against which a call historically could have been placed.
-26-
c
C. The storage of water in Parachute Creek Rebervoir pursuant to Appli-
cant's Parachute Creek water rights which historically have been used for
irrigation shall be subject to the following limitations:
(1) Such storage shall occur only during the period April 15 through
October 31 of each year, which is the period during which said rights
historically have been used for irrigation.
(2) Such storage shall occur only at times when said water rights are
in priority and shall not exceed the amount of water which is physic-
ally available at the historic points of diversion of said water rights.
(3) The total amount of such storage shall not in any year exceed 1395.9
acre feet.
D. (1) At times when water is diverted pursuant to Applicant's water
rights in the Roaring Fork drainage at its "Pumping Pipeline" alternate
point of diversion for use in connection with its oil shale operations, the
lands owned by Applicant which historically have been irrigated with
water diverted pursuant to said rights shati be removed from irrigation
by such water. Said lands are described in Exhibit "A" attached here-
to and incorporated herein by this reference. Applicant shall not be
required to remove any portion of said lands from irrigation by rea-
son of the fact that water historically used to irrigate the lands des-
cribed in Paragraph 4A (1), (2) and (3) of these Findings and in
Exhibit "t3" attached hereto, is diverted at its "Pumping Pipeline"
alternate point of diversion, because said lands have been permanently
rernoved from irrigation.
(2) During years when all of Applicant's water rights in the Parachute
Creek drainage are used in connection with its oil shale operations,
the lands owned by Applicant which historically have been irrigated
with water diverted pursuant to said rights shall be removed from
irrigation by such water. Said lands are described in Exhibit "C"
attached hereto and incorporated herein by this reference.
E. Except for water diverted in accordance with Paragraph 7A (4) of these
Findings, which water may be diverted at its "Pumping Pipeline" alternate
point of diversion to supply its oil shale operations during any year, Appli-
cant shall use its water rights in the Roaring Fork Drainage in connection
with its oil shale operations only at times when its other sources of water
supply for said operations are inadequate. Said water rights in the Roaring
Fork drainage shall not be used to irrigate any of Applicant's historically
irrigated lands in the Parachute Creek drainage. (Said lands are described
in Exhibit "C" attached hereto.)
F. (1) Applicant shall notify the Division Engineer for Water Division
No. 5 on or before June 30 of each year whether it will be necessary
to use its water rights in the Roaring Fork drainage to supplement its
water supply for its oil shale operations. Applicant shall not be per-
mitted to resume the irrigation of its lands in the Roaring Fork drainage
in any year in which said water rights have been utilized in connection
with its oil shale operations. In any year in which Applicant determines
it will be necessary to utilize its water rights in the Roaring Fork drain-
age to supplement its water supply for its oil shale operations, all of
said water rights, except water diverted in accordance with Para-
graph 7A (4) of these Findings, shall be used for said purpose.
(2) Applicant shall notify the Division Engineer for Water Division No. 5
on or before April 15 of each year whether it will be necessary to use
all its water rights, or a portion thereof, in the Parachute Creek drain-
age to supplement its water supply for oil shale operations. In the
event Applicant seeks to utilize only a portion of said water rights
for its oil shale operations, then Applicant shall designate the water
rights to be withdrawn from Irrigation of lands, and the Applicant
shall be entitled to credit for the quantities of water set forth in Table
1 attached hereto. Partial discontinuance of irrigation shall require
that all lands under any single ditch identified in said Table shall
not be irrigated in that year.
-28--.
G. (1) In order to permit withdrawals through Applicant's existing
wells listed in Paragraph 3B (3(I) of these Findings and additional
wells which may be constructed in the drainage of Parachute Creek
and its tributaries in accordance with Paragraphs 6B (3) and GC
(1) and (2) of the Findings herein, water shall be released to Para-
chute Creek from Parachute Creek Reservoir, from the "Pumping
Pipeline", or from other sources, to the extent of the withdrawals
through said wells, as necessary to meet valid calls by water rights
having priority dates senior to said wells.
(2) Said additional wells which may be constructed in the drainage of
Parachute Creek or its tributaries shall be located on patented lands
now owned by Applicant as shown on Applicant's Exhibit "D" admitted
into evidence herein. The aggregate yield from said additional wells
shall not exceed 1000 gallons per minute.
El. In order to insure that the changes in use and points of diversion per-
mitted by the plan for augmentation, including exchange, proposed herein
will not change the regimen of the Colorado River or its tributaries in suer
a way as to cause material injury to other appropriators:
(1) During years when water is diverted at Applicant's "Pumping Pipe-
line" alternate point of diversion pursuant to its water rights in the
Roaring Fork drainage ( listed in Paragraph 3A of these Findings),
other than water so diverted in accordance with paragraph 7A (4)
of these Findings, Applicant shall during the month of October of such
years release to the Colorado River up to 33.1 acre feet of water.
(2) During years when Applicant's water rights in the Parachute Creek
drainage (listed in Paragraph 3B of these Findings) are used in connec-
tion with its oil shale operations, Applicant shall during the month of
October of such years release to the Colorado River up to 77.II acre
feet of water.
- 29 -
(3) The above -referenced releases shall be required only if there
are in effect during such times valid calls determined by the
Division Engineer for Water Division No. 5 to result from the
changes of use and points of diversion permitted by the plan for
augmentation proposed herein.
I. In order to facilitate the administration of its plan for augmentation,
including exchange, proposed herein, Applicant shall install measuring
devices approved by the Division Engineer for Water Division No. 5 or his
representative at each point of diversion and alternate point of diversion to
be utilized pursuant to said plan. Measuring devices shall be installed at the
points of diversion of its water rights in She Roaring Fork drainage in order
to measure both diversions into the headgates and releases back to the river,.
and when Applicant is diverting at its "Pumping Pipeline" alternate point of
diversion these diversions and releases shall be operated so as to adequately
account for the proper amount of water needed to be physically available in
the Roaring Fork drainage below said points of diversion to allow for proper
adrrinistrtion of this plan for augmentation. The rate of flow to be diverted
at said alternate point of diversion shall be no greater than the rate of flow
of ti•.e water measured and returned by Applicant under its water rights in
the Roaring Fork drainage below their points of diversion existing as of the
date of this Decree. These same provisions and conditions shall apply with
regard to the points of diversion of Applicant's water rights in the Parachute
Creek drainage, except tnat said measuring devices need not be installed until
Denver or Atlantic Richfield Company, or the Division Engineer for 47ater
Division No. 5 deem it necessary for the proper administration of this plan
for augmentation, provided that Applicant shall be so notified at least one
operating season in advance.
8. The Court finds that by imposition of the conditions set forth in Para-
graph 7 of these Findings. the plan for augmentation, including exchange, proposed
- 30 -
by Applicant herein will not change the regimen of the Colorado River or its tribu-
taries so as to cause material injury to other owners or users of vested water rights
or decreed conditional water rights.
9. The Court finds, as a matter of hydrological and geological fact, that
by virtue of the operation of the plan for augmentation, including exchange, proposed
herein, there will be water available for the ground water withdrawals contemplated
herein, and that no other vested water rights or decreed conditional water rights
will thereby be impaired.
10. Since Applicant intends to use its water rights in the Roaring Fork
drainage listed in Paragraph 3A of these Findings (except water diverted in accord-
ance with Paragraph 7A (4) of these Findings) only as an emergency reserve for
its oil shale operations, and does not intend to permanently remove from irrigation
the lands it owns in Garfield County (described in Exhibit "A" attached hereto and
incorporated herein by this reference), which lands historically have been irrigated
with said water rights, Applicant has agreed that said lands may continue to be
assessed by th:. Garfield County assessor as irrigated lands until such time as said
lands may be used for a purpose which produces a higher assessed valuation.
Applicant has further agreed that this agreement snarl be binding on its successors
in interest, and shall constitute a covenant running tivith title to said lands.
11, Applicant's water rights in the Roaring Fork and Parachute Creek
drainages shall not be used to irrigate any lands other than those described in
Exhibits "A" and "C" attached hereto, which lands historically have been irri-
gated with water diverted pursuant to said water rights.
CONCLUSIONS OF LAW
The Court concludes, as a matter of law:
1. The plan for augmentation, including exchange, proposed herein by
Applicant is one contemplated by law, and if administered in accordance with
the conditions set forth in Paragraph 7 of the Findings herein, will not cause
material injury to any vested or decreed conditional water rights in the Colorado
River or its tributaries.
2. The State Engineer may lawfully be required to adrninister the plan
for augmentation, including exchange, proposed herein in accordance with the
terms of this decree, to issue permits for construction of the wells contemplated
herein, and in times of shortage not to curtail diversions through any of said wells,
or through Applicant's existing wells, so long as the conditions set forth in Para-
graph 7 of the Findings herein are complied with.
DECREE
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED:
1. The plan for augmentation, including exchange, proposed herein is
hereby approved.
2. In order that Applicant's water rights listed in Paragraphs 3A and 3B
of the Findings herein may be used to supplement Applicant's water supply for
its oil shale operations, said water rights are hereby modified so that Applicant
shall be permitted to:
A. Change the use of its water rights in the Roaring Fork and Parachute
Creek drainages (listed in Paragraphs 3A and 3B of the Findings herein) to
industrial, retorting, mining, refining, power, domestic, and all other uses
in connection with its oil shale operations, as alternative uses when said
rights are not used for irrigation.
B. Divert pursuant to its water rights in the Roaring Fork drainage
(listed in Paragraph 3A of the Findings herein) at the intake of its "Pumpin
Pipeline" diversion facility on the Colorado River as an alternate point of
diversion, and to transport said water through said pipeline to Parachute
-32-
Creek and its tributaries for use in connection with Applicant's oil shale
operations, as follows:
(1) storage in Parachute Creek Reservoir, to the extent of the historic
consumptive use associated with said water rights, with the right
to fill and refill said reservoir continuously with said water;
(2) diversion at the existing points of diversion of each of its water rights
in the Parachute Creek drainage (listed in Paragraph 3B of the Findings
herein) and utilization in conjunction with or in substitution for each of
said Parachute Creek rights for oil shale purposes only; and
(3) augmentation of each of its existing wells (listed in Paragraph 3B (34)
of the Findings herein), and future wells which may be constructed in
the drainage of Parachute Creek and its tributaries, so that diversions
through said wells shall not be curtailed in times of shortage, so long
as said plan for augmentation, including exchange, is administered in
accordance with the terms of the Decree herein.
C. Divert pursuant to its water rights in the Parachute Creek drainage
(listed in Paragraph 3B of the Findings herein) at any of the following alter-
nate points of diversion:
(1) the existing point of diversion of each of its water rights listed in
Paragraph 3B of the Findings herein;
(2) adclitional wells to be constructed in the drainage of Parachute Creek
and its tributaries; and
(3) the intake of its "Pumping Pipeline" diversion facility on the Colorado
River, as described in Paragraph 3C of the Findings herein.
D. Store water in Parachute Creek Reservoir pursuant to each of Rs water
rights in the Parachute Creek drainage (listed in Paragraph 3B of the Findings
herein) , to the extent of the historic consumptive use associated with said
rights, with the right to fill and refill said reservoir continuously with said
water. Water will be stored pursuant to those of said rights which have points of
diversion downstream from the dam of Parachute Creek Reservoir by exchange
from Parachute Creek and its tributaries above the dam of said Parachute
Creek Reservoir, or by diverting said water at the intake of its "Pumping
Pipeline" diversion facility on the Colorado River, and transporting it through
said pipeline to said Parachute Creek Reservoir.
E. Reimpound and reuse return flows, if any, from its oil shale opera-
tions, including sewage effluent, to the extent of the historic consumptive
use associated with its water rights in the Roaring Fork and Parachute Creek
drainages (listed in Paragraphs 3A and 3B of the Findings herein) after deduct-
ing such carriage iosses resulting from said reimpoundment and reuse as may
be required by the Division Engineer for Water Division No. 5, not to exceed
.05 per cent per mile; or to the extent of the augmentation of Parachute Creek
by releases from Parachute Creek Reservoir, whichever is greater.
3. The State Engineer, the Division Engineer for Water Division No. 5
and their representatives shall administer the plan for augmentation, including ex-
change, approved herein in accordance with the following conditions:
A. Diversions pursuant to Applicant's water rights in the Roaring Fork
drainage (listed in Paragraph 3A of the Findings herein) at the intake of its
"r .:raping Pipeline" on the Colorado River as an alternate point of diversion
shall be subject to the following limitations.
(1) Such diversions shall be made only during the period April 15 through
September 30 of each year.
(2) Such diversions shall be made only at times when said water rights are
in priority and water is physically available at their historic points of
diversion, and the amounts of such diversions shall be limited to the
amounts available at said historic points of diversion.
(3) The total amount of such diversions shall not in any year exceed 1152.6
acre feet, less such estimated carriage losses between the historic
points of diversion of said water rights and the intake of Applicant's
- 34 -
"Pumping Pipeline" as may be required by the Division Engineer for
Water Division No. 5, but not to exceed 29 acre feet. During years
when those of Applicant's water rights in the Roaring Fork drainage
which historically have been used for irrigation of its lands described
in Exhibit "A" attached hereto (the historic average annual consump-
tive use associated with said water rights is 863.5 acre feet) are
diverted prior to June 30 for irrigation of said lands, the amount of
water which it shall be entitled to divert at said alternate point of
diversion shall be reduced in the amount of 5. 1 acre feet for each
day beginning on April 15 through the day on which such diversions
for irrigation of said lands rPase.
(41) During years when such diversions are made only pursuant to Appli-
cant's water rights historically used to irrigate the lands described
in Paragraph 'IA (1), (2) and (3) of the Findings herein, the total
amount of such diversions shall not exceed 289.1 acre feet, less such
estimated carriage losses between the historic points of diversion of
said water rights and the intake of Applicant's "Pumping Pipeline"
as may be required by the Division Engineer for Water Division
No. 5,but not to exceed 7 acre feet. During years when said water
ris)hts are diverted prior to June 30 for irrigation of Applicant's lands
in the Roaring Fork drainage described in Exhibit "A" attached hereto,
tha amount of water which it shall be entitled to divert at said alternate
point of diversion shall be reduced in the amount of 1.9 acre feet for
each day beginning on April 15 through the day on which such diver-
sions for irrigation of said lands cease.
(5) During times of such diversions, Applicant shall cause a "call" to be
placed by its water rights in the Roaring Fork drainage at the historic
points of diversion of said rights for an amount sufficient to produce
the amount of said decreed rights, and no call shall be placed save
as to those water rights in the Roaring Fork drainage against which
a call historically could have been placed.
- 35 -
B. Diversions pursuant to Applicant's water rights in the Parachute
Creek drainage (listed in Paragraph 3B of the Findings herein) at any of the
alternate points of diversion set forth in Paragraph 2C of this Decree shall be
subject to the following limitations:
(1) Such diversions pursuant to said water rights, except for Applicant's
five wells (listed in Paragraph 313 (34) of the Findings herein), and
additional wells which may be constructed in the drainage of Parachute
Creek and its tributaries, shall be made only during the period
April 15 through October 31 of each year.
(2) Such arversions shall be made only at times when said water rights
are in priority and water is physically available at their historic
points of diversion; and the amounts of such diversions shall be limited
to the amounts available at said historic points of diversion.
(3) The total consumptive use resulting from such diversions shall not
in any year exceed 1395.9 acre feet.
(4) During times of such diversions, Applicant shall cause a "call" to
be placed by its water rights in the Parachute Creek drainage at the
historic points of diversion of said rights for an amount sufficient
to produce the amount of said decreed rights, and no call shall be placed
save as to those water rights in the Parachute Creek drainage against
which a call historically could have been placed.
C. The storage of water in Parachute Creek Reservoir pursuant to Appli-
cant's Parachute Creek water rights (listed in Paragraph 36 of the Findings
herein) which historically have been used for irrigation shall be subject to
the following limitations:
(1) Such storage shall occur only during the period April 15 through
October 31 of each year.
(2) Such storage shall occur only at times when said water rights are in
briority and shall not exceed the amount of water which is physically
available at the historic points of diversion of said water rights.
(3) The total amount of such storage shall not in any year exceed 1395.9
acre feet.
D. (1) At times when water is diverted pursuant to Applicant's water
rights in the Roaring Fork drainage at its "Pumping Pipeline" alternate
point of diversion for us4: in connection with its oil shale operations,
the lands owned by Applicant described in Exhibit "A" attached hereto
and incorporated herein by this reference shall be removed from
irrigation with such water. Applicant shall not be required to remove
any portion of said lands from irrigation when water is diverted at Its
"Pumping Pipeline" alternate point of diversion in accordance with
Paragraph 3A (ti) of this Decree.
(2) During years when all of Applicant's water rights in the Parachute Creek
drainage (listed in Paragraph 313 of the Findings herein) are used in
connection with its oil shale operations, the lands owned by Appli-
cant described in Exhibit "C" attached hereto and incorporated herein
by this reference shall be removed from Irrigation by such water.
E. Except for water diverted in accordance with Paragraph 3A (4) of this
Decree, Applicant shall use its water rights in the Roaring Fork
drainage (listed in Paragraph 3A of the Findings herein) In connection
with its oil shale operations only at times when its other sources
of •.nater supply for said operations are Inadequate. Said water
rights in the Roaring Fork drainage shall not be used to irrigate any
of Applicant's historically irrigated lands in the Parachute Creek drain-
:1;e, (Said lands are described in Exhibit "C" attached hereto.)
F. (1) Applicant shall notify the Division Engineer for Water Division
No, 5 on or before June 30 of each year whether it will be necessary
to use its water rights In the Roaring Fork drainage to supplement Its
water supply for its oil shale operations, Applicant shall not be per-
mitted to resume the Irrigation of Its lands In the Roaring Fork drain-
age in any year In which said water rights have been utilized In connec-
tion with its oil shale operations. In any year in which Applicant determines
c
it will be necessary to utilize its water rights in the Roaring Fork
drainage to supplement its water supply for its oil shale operations,
all of said water rights, except water diverted in accordance with
Paragraph 3A (14) of this Decree, shall be used for said purposes.
(2) Applicant shall notify the Division Engineer for Water Division No. 5
on or before April 15 of each year whether it will be necessary to use
all or a portion of its water rights in the Parachute Creek drainage to
supplement its water supply for its oil shale operations. In the event
applicant seeks to utilize only a portion of said rights for its oil shale
operations, then Applicant shall designate the water rights to be with-
drawn from irrigation of lands, and the Applicant shall be entitled to
credit for the quantities of water set forth in Table 1 attached hereto.
Partial discontinuance of irrigation shall recpire that all lands under
any single ditch identified in said Table shall not be irrigated in that
year.
G. (1) In order to permit withdrawals through Applicant's
existing wells (listed in Paragraph 38 (34) of the Findings herein) , and
additional wells which may be constructed in the drainage of Parachute
Creek and its tributaries in accordance with Paragraphs 28 (3) and 2C
(1) and (2) of this Decree, water shall be released to Parachute Creek
from Parachute Creek Reservoir, from the "Pumping Pipeline", or from
other sources, to the extent of withdrawals through said wells, as necessary
to meet valid calls by water rights having priority dates senior to said wells.
(2) Said additional wells which may be constructed in the drainage of
Parachute Creek or its tributaries shall be located on patented lands
now owned by Applicant as shown on Applicant's Exhibit "D" admitted
into evidence herein. The aggregate yield from said additional wells
shall not exceed 1000 gallons per. minute,
- 38 -
H.
in order to insure that the changes in use and points of diversion
permitted by the plan for augmentation, including exchange, approved herein
will not change the regimen of the Colorado River or its tributaries in such
a way as to cause material injury to other appropriators:
(1) During years when water is diverted at Applicant's "Pumping Pipeline"
alternate point of diversion pursuant to its water rights in the Roaring
Fork drainage (listed in Paragraph 3A of the Findings herein) , other
than water so diverted in accordance with Paragraph 3A (14) of this
Decree, Applicant shall during the month of October of such years
release to the Colorado River up to 33.1 acre feet of water.
(2) During years when Applicant's water rights in the Parachute Creek
drainage listed in Paragraph 3B of the Findings herein are used in
connection with its oil shale operations, Applicant shall during the
month of October of such years release to the Colorado River up to
77.4 acre feet of water.
(3) The above -referenced releases shall be required only if there are
in effect during such times valid calls determined by the Division
Engineer for Water Division No. 5 to result from the changes
in use and points of diversion permitted by the plan for augmentation
approved herein.
I. In order to facilitate the administration of the plan for augmentation,
including exchange, approved herein, Applicant shall\install measuring
devices approved by the Division Engineer for Water Division No. 5 or his
representative at each point of diversion and alternate point of diversion
to be utilized pursuant to said plan. Measuring devices shall be installed
at the points of diversion of Its water rights in the Roaring Fork drainage
in order to measure both diversions into the headgates and releases back
to the river, and when Applicant is diverting at its "Pumping Pipeline"
- 39 -
alternate point of diversion these diversions and releases shall he
operated so as to adequately account for the proper amount of water needed
to be physically available in the Roaring Fork drainage below said point;
of diversion to allow for proper administration of this plan for augmentation.
The rate of flow to be diverted at said alternate point of diversion shall be
no greater than the rate of flow of the water measured and returned by Appli-
cant under its water rights in the Roaring Fork drainage below their points
of diversion existing as of the date of this Decree. These same provisions
and conditions shall apply with regard to the points of diversion of Applicant's
water rights in the Parachute Creek drainage, except that said m.2asuring
devices need not be installed until Denver or Atlantic Richfield Company,
or the Division Engineer for Water Division No. 5 deem it necessary for the
proper administration of this plan for augmentation, provided that Applicant
shall be so notified at least one operating season in advance.
14. It is hereby decreed that pursuant to the imposition of the conditions
set forth herein, the operation of the plan for augmentation, including exchange,
approved herein will not cause material injury to the owners or users of vested
water rights or decreed conditional water rights in the Colorado River or its trib-
utaries.
5. It is hereby decreed that as a matter of hydrological and _geological
fact, by virtue of the operation of the plan for augmentation, including exchange,
approved her cin, there will be water available for the ground water withdrawals
contemplated herein, and that no material injury to vested or decreed conditional
water rights in the Colorado River or its tributaries wi11 result therefrom. Accord-
ingly, the State Engineer in the processing of applications for permits to construct
t•.rolis in the drainage of Parachute Creek and its tributaries and to utilize water
therefrom in connection with Applicant's oil shale operations, shall recognize the
E:xitence of the plan for augmentation, including exchange, approved herein,
and shall not deny permits for such wells. Nor shall the Division Engineer for
Water Division No. 5 or his representatives in times of shortage curtail diversions
through sucl wells, or through Applicant's existing wells (listed in Paragraph
- 110
3H (34) of the Findings herein), so long as said plan for augmentation, including
exchange, is being administered in accordance with the terms of this Decree, and
the conditions set forth in Paragraph 3 of this Decree are complied with.
6. The lands owned by Applicant in Garfield County, described in
Exhibit "A" attached hereto and incorporated herein by this reference, shall continue
to be assessed by the Garfield County assessor as irrigated lands until such time
as said lands may be used for a purpose which produces a higher assessed valuation
This provision shall be binding upon Applicant's successors in interest, and shall
constitute a covenant running with title to said lands.Applicant shall cause this
Decree, including the Exhibits attached hereto, to be placed of record in the office
of the County Clerk and Recorder of Garfield County, Colorado.
7. Applicant's water rights in the Roaring Fork drainage (listed in Para-
graph 3A of the Findings herein) and in the Parachute Creek drainage (fisted in
Paragraph 3B of the Findings herein) shall not be used to irrigate any lands other
than those described in Exhibits "A" and "C" attached hereto, which lands histor-
ically have been irrigated with water diverted pursuant to said water rights.
JJ
DATED this / L'i day of .tiiJ , 1975.
BY THE COURT:
Water Judge
Water Division No. 5
State of Colorado
- 41 -
EXHIBIT "A"
IRRIGATED LANDS OWNED) DY
UNION OIL COMPANY OF CALIFORNIA
IN THE ROARING FORK RIVER DRAINAGE
A. Sanders Ranch (Irrigated with water from the Glenwood Ditch and the
Staton Ditch.)
Said irrigated lands comprise all or portions of:
Lot 31 of Section 1, Lots 1, 10,- 11, 17, 18 and 25
of Section 12, all in Township 7S, Range 89 ' V of
the 6th P.M. and Lots 3, ', 5, 6, 7, 8 and 9 of
Section 7, Lots 1, 2, 3, tl, 6, 7 and 9 of Section
18, all in Township 75, Range 88W of the 6th P.M
All in Garfield County, Colorado, comprising 240
acres, more or less.
B. Coryelt Ranch (Irrigated with water from the Southard -Cavanaugh Ditch
and Kaiser -Sievers Ditch.)
Said irrigated lands comprise all or portions of:
Lots 1, 2, 8, 9, 10, 11, 12, 13 and 19 of Section 29
and Lots 12 and 13 of Section 23, all in Township 75,
Range 88W of the 6th P.M. All in Garfield County,
Colorado, comprising 150 acres, more or Tess.
C. WpIf,ohn Ranch (Irrigated with water from the Atkinson Cinal.)
Said irrigated lands comprise all or portions of:
the NEy of the NEZ-, the SE-,, of the NE4 and the NW
of the NE of Section 8, the SE of the SE �(:if Section
6, the W of the N\V� (also known as Lot 7 and the SW of the
NW ;-) of Section 9 and the S. of the SI of Section 5,
all in Township GS, Range 89W of the 6th P.M. All
in Garfield County, Colorado, comprising 83 acres,
more or less.
EXHIBIT "f3"
LANDS IN ROARING FORK RIVER DRAINAGE
FORMERLY IRRIGATED WITH WATER RIGHTS
DINNED BY UNION OIL COMPANY OF
SAL FORNIA, AND PERMANENTLY
REMOVED FROM IRRIGATION
A. Kinsall Runch (Formerly irrigated with water from the Rockford Ditch.1
Said forrnerly irrigated lands comprise all or portions of:
Lots 5 and 12 of Section 34 and Lots 8 and 9 of
Section 33, all in Township 7S, Range 88W of
the 6th P.M. All in Garfield County, Colorado,
comprising 60 acres, more or less.
B. Sanders Ranch (Formerly irrigated with water from the Glenwood Ditch and
the Staton Ditch.)
Said formerly irrigated lands comprise portions of:
Lots 1 and 7 of Section 18 and Lots 4, G, 7 and 9
of Section 7, all in Township 7S, Range 88IN of
the 6th P.M. All in Garfield County, Colorado,
comprising 20 acres, more or less.
C., 1Vulfsoh,n Bench (Formerly irrigated with water from the Atkinson Canal.)
Said formerly irrigated lands comprise portions of:
the VI of the NW (also known as I_ot 7 and the SW
Df the NWI.) of Section 9, the NE', of the NES of
Section 8, and the S2 of the S of Section 5, and the
SE4 of the SE -I of Section 6, in Township 65,
Range 89W of the 6th P.M. All in Garfield County,
Colorado, comprising 78 acres,, more or less.
EXHIBIT "C"
IRRIGATED LANDS OWNED DY
UNION 011_ COMPANY OF CALIFORNIA
IN THE PARACHUTE CREEK DRAINAGE
Parachute Ditch
Said irriciatcd lands comprise all or portions of:
the NW,; (also known as Lots 3, !t and the Si of the
NW;;) of Section 2, and the NEI (also known as Lots
1, 2 and the Si of the NEZ-) of Section 3, all in
Township 75, Range 96W of the 6th P.M. All in
Garfield County, Colorado, comprising 67 acres,
more or less.
Viewed Ditch
Said irrigated lands comprise ail or portions of:
the Nz (also known as Lots 1, 2, 3 and t;) of
Section 2, and the N of the NEL (also known
as Lots 1, 2 and the Siof the NE) of Section
3, all in Township 7S, Range 95W of the 6th P.M.;
and the S of the 5E4- (also known as Lots 13 and 111)
and the SE -1; of the SW4 (also known as Lot 12)
of Section 34, and the SW of the SW? (also
known es Lot 13) of Section 35, all in Township
65, Range 96,1 of the Gth P.M. All in Garfield
County, Colorado, comprising 163 acres, more or less.
Low Cost Ditch
Said ler ic; :'.cl lands comprise all or portions of:
the ;:',`r of the 57 (also known as Lot 8), the
kno.vn as Lots 9, .10, Tiand 12) and the
NV,,; (,Iso known as Lots 1, 2, 3 and 9} of Section
34, the NE4 of the SE (also known as Lot 6), the
NL.; (also known as Lots 1, 2, 5 and the SW4 of
the NE4), and the NVJ,, (also known as Lots 3 and
tt, the NW4 of the NW4 and the SE4 of the N,'14)
of Section 33 and the Si of the SE4 (also known
as Lots 12 and 13) and the S%V4 (also known as
Lots 9, 10, 11 and the NI of the 5W14) of Section
28, all in Township 6S, Range 96W of tale tth P.M.
All in Garfield County, •Colorado, comprising
312 acres, rnore or less.
-1-
EXHIBIT "C" (Continued)
Benson -Barnett Ditch
Said Irrigated lands comprise a portion of:
the NW& of the NW? (also known as Lot 4) of Section
9, in Township 6S, Range 96W of the 6th P.M. In
Garfield County, Colorado, comprising 2 acres,
more or less,
Grantee Ditch
Said irrigated lands comprise portions of:
the WI of the WI (also known as Lots 4, it, 12 and
the SWw of the NW4) of Section 9 and the SW4 of the
NW1 and the NW? of the SM of Section 4, all in
Township 6S, Range 95W of the 6th P.M. AU in
Garfield County, Colorado, comprising 20 acres,
more or less.
P.L.R. Ditch
Said irrigated lands comprise a portion of:
the 5Ew of Section 30, in Township SS, Range 95W
of the 6th P.M. in Garfield County, Colorado,
comprising 10 acres, more cr less.
East Fork Ditch
Said irrigated lands comprise a portion of:
the SAY& of the SW (also known as Lots 13 and 14) of
Section 30 and the ,NW& of the ,NW (also known as
Lots 7 and 3) of Section 31, all in Township 55,
Rancje 93W of the 6th P.M. In Garfield County,
Colorado, comprising 10 acres, more or less.
West Fork Ditch and Davenport Ditch
Said irrigated lands comprise alt or portions of:
the NE of the NE& of Section 36, and the SE& (also
known as Tract 37, Lot 6 of the SW& of the SE4) of
Section 25, all in Township 5S, Range 96W of the
6th P.M. and the N1'!W, of the NW; (also known as
Lots 2 and 3) of Section 31, and the W} of the SW%
(also known as Lots 9, 10, 13 and 14) of Section 30,
alt in Township SS, Range 95W of the 6th P.M. All
In Garfield County, Colorado, comprising 98 acres,
more or less.
zxff113IT "C" (Continuo:I;
Ida Dere r)itch
Said irrigated lands comprise portions of:
of the. i {also known as Lots 2, 3, 4, C;,
10, 13 and 14) of Section 30, in Township 5S, i;r!::c7e
of the 6th P.M.; and Tract 37 of Section 25, in Tu.rrsh•1:
5S, Range 96W of the Oth P.M. All in Garfield Courcy,
•Cnluracio, comprising 12 acres, more or less.
C.C.D. Ditch
Said irrigated lands comprise portions of:
the NWi; of the Nov; (also known as Lots 2 and 3) of
Section 30, and the W (also known as Lots I, 2, 3,
4, 5, G, 7, 8, 9, 10,11 and 12) of Section 19, all in
Township 5S, Range 95W of the 5th P.M. All in
Garfield County, Colorado, comprising 4 acres,
more or less.
Charley Dere Ditch
irrigated ands comprise portions of:
the. 1'1' of the NW.,'; (also known as Lots 2, 3 4 and 5)
of Section 19, all in Township 5S, Range 95W of the
5th P.M. In Garfield County, Colorado, comprising
:cr^s, more Or less.
-d •
TABLE I
IRRIGATED CROPS
AND
AVERAGE ANNUAL WATER CONSUMPTION
PARACYUTE CREEK
UNION OIL COMPANY
DTTCff
Alfalfa
(Acres)
Net *
Consumptive
Use
(Acre Feet)
Native
flay-
Pasture
(Acres)
Net *-
Consumptive
Use
(Acre Feet')
Corn
(Acres)
Net t
Consumptive
Use
(Acro Feet)
TOTAL
(Acres)
mei •
Consumptive
Cse
(Acre Feet)
Parachute
And Vieweg
220
455.4
0
0
10
1.4.1
230
469.5
Low Cost
292
604.4
0
0
20
28.2
312
632.6
Denson -Barnett
0
0
2
3.9
0
0
2
3.9
Granlcc
0
0
20
39.0
0
0
20
39.0
East Fork
0
0
10
13.0+*
0
0
10
13.0"
PLR
-0
0
10
13.0*•
0
0
10
13.0••
CCD
0
0
4
5.24*
0
0
4
5.2"
Charley Dere
0
0
10
13..04'
0
0
10
13.0'•
Ida Dere
0
0
12
1'4.6**
0
0
12
13.6••
Davenport
And West Fork
0
0
93
191.1
n
n
99
191.1
_
h
Total 512
1059.E
166
27.1.11
10
42.3 703
1395.9
* Gross consumptive use less crCec::ive precipitation.
** Value represents net consumptive use leas 1/3 to rnmprn:ato for water
Stortages.
COLORADO CLEAN FUELS
March 13, 1992
Garfield County Board of County Commissioners
Garfield County Courthouse
109 8th Street
Glenwood Springs, Colorado 81601
RE: Colorado Clean Fuels
Special Use Permit Application
Dear Commissioners:
jR 1 5 1992
��tf=1ELD COUNTY
You will find submitted herewith an application for a Garfield County Special Use
Permit for industrial operations, specifically the production of liquid hydrocarbons from
natural gas. The industrial operations are to be located at the oil shale upgrade facility
owned by Union Oil Company of California, dba "Unocal". A letter from Unocal consenting
to this application is also submitted herewith.
Pursuant to Section 9.03.01(3) of the Garfield County Zoning Resolution of 1978 as
amended, please refer to the Special Use Permit Application, particularly the Project
Description, which explains, in detail, the nature and character of the Special Uses being
requested. The supporting information required by the Zoning Resolution is also found in
the application.
The Colorado Clean Fuels project will utilize only a portion of the existing industrial
facilities and will result in a less intensive land use. The Colorado Clean Fuels project and
the Unocal upgrade facility operations may be generally compared as follows:
• Unocal is authorized to produce 10,000 barrels per day (BPD) of upgraded shale oil
compared to 4,500 BPD of liquid hydrocarbons to be produced by Colorado Clean
Fuels.
Page 1 of 2
9085 East Mineral Circle, Suite 350
Englewood, Colorado 80112
Phone: (303) 792-3037
Fax: (303) 792-5603
27405 Puerta Real, Suite 340
Mission Viejo, California 92691
Phone: (714) 582-0373
Fax: (714) 582-0842
• The character of the area is established. Colorado Clean Fuels will not be changing
the basic use of the upgrade facility. In essence, the process changes proposed by
Colorado Clean Fuels are technical modifications of the facility.
• The Colorado Clean Fuels process is simpler than the Unocal process, utilizing fewer
steps which are generally less complex than the steps in the Unocal process.
• Fewer process areas and less equipment will be utilized by the Colorado Clean Fuels
process.
• The Colorado Clean Fuels project will employ 21 operating and administrative
employees compared to the 150 Unocal employees who worked at the upgrade site.
Even the peak construction employment of 110 is less than the Unocal operation.
Time is of the essence in the permitting, and construction of the facilities required
for the Colorado Clean Fuels project. Consequently, and in light of the fact that the basic
land uses will remain the same and that fewer land uses will be established and utilized than
are currently permitted at the upgrade facility, it is respectfully requested that the Board
forgo referral of this application to the Garfield County Planning Commission and set a date
for the public hearing before the Board forthwith. Your consideration of this request is
greatly appreciated.
Colorado Clean Fuels looks forward to working with the County staff and the Board
of County Commissioners as this project is reviewed and comes to fruition. If you have any
questions or require additional information, do not hesitate to contact me.
Very truly yours,
Robert A. Downey
Executive Director
Page 2 of 2
Unocal Corporation
1201 West 5th Street, PI ,x 7600
Los Angeles, California 90051
Telephone (213) 977-5859
UNOCAL76
March 6, 1992
Chiye R. Wenkam
Assistant Counsel
Board of County Commissioners
Garfield County
Glenwood Springs, CO 81601.
RE: $4,600,000 Garfield County, Colorado
School District 16 Building Corporation
Revenue Bonds, Series 1982
Dear Commissioners:
You have inquired about the status of the above -captioned
Bonds now that Union Oil Company of California (Unocal) has
ceased operations at its Parachute Creek Shale Oil Facility. We
have examined the documents listed below and other documents that
we deemed necessary.
1) Lease -Purchase Agreement between the Garfield County,
Colorado School District 16 Building Corporation and
Garfield County School District 16 dated May 1, 1982
2
3
Indenture of Trust between the Garfield County,
Colorado School District 16 Building Corporation and
United Bank of Denver, (as Trustee) May 1, 1982
Guaranty Agreement among Union Oil Company of
California, United Bank of Denver (as Trustee) and the
Garfield County, Colorado School District 16 Building
Corporation and Garfield County School District 16
dated May 1, 1982
We have come to the conclusion that the original
relationship between the Bonds and the shale oil operations is
such that the cessation of operations does not alter or affect
the status of the Bonds. The Lease -Purchase Agreement, pursuant
to which the middle school was built, is between the Building
Corporation and the District. Unocal has no obligations under
this agreement. The covenants and other obligations under this
2049.1/CRW/NPD
Board of County Commissioners
Page 2
agreement are those of the District. The Bonds were issued by
the Building Corporation under the Indenture of Trust, to which
Unocal is not a party. Pursuant to Section 509 of the Indenture,
the obligation to act in a manner so as not to cause the Bonds to
lose their tax-exempt status rests with the Building Corporation.
Unocal has no obligations under the Indenture.
Unocal has guaranteed repayment of the Bonds under the
Guaranty Agreement. Under Section 4.3 of the Guaranty Agreement,
Unocal's obligations with regard to repayment are unconditional
and arise separately from the Lease -Purchase Agreement. Although
all parties to the Bond Agreements recognize that the school was
built in anticipation of increased student population resulting
from shale oil development, Unocal's repayment obligations are
not contingent upon continued shale oil operations. In fact,
Unocal's obligations are unaffected by the occurrence of numerous
events, as set forth in Section 2.2 of the Guaranty Agreement.
This letter is directed to the Commissioners of Garfield
County and no other person or entity is entitled to rely on this
letter.
Sincerely,
Chiye R,/Wenkam
CRW:nd
2049.1/CRW/NPD
Unocal Corporation
1201 West 5th Street, P.( Ax 7600
Los Angeles, California 90051
Telephone (213) 977-5859
UNOCAL()
March 6, 1992
Chiye R. Wenkam
Assistant Counsel
Board of County Commissioners
Garfield County
Glenwood Springs, CO 81601
RE: $65,000,000 Garfield County, Colorado
Pollution Control Refunding Revenue Bonds
Union Oil Company of California Project -
Series 1987A
Dear Commissioners:
As you are aware, Union Oil Company of California (Unocal) is
negotiating a lease -purchase agreement with Colorado Clean Fuels,
LLC. (CCF) under which certain real property and improvements
formerly part of Unocal's Parachute Creek Shale Oil facility will
be leased to CCF (the Lease). The improvements include items that
were purchased or constructed with funds obtained from the sale of
the above -captioned bonds (the Equipment).
We have reviewed the documents listed below (the Bond
Documents) and such other documents as we deemed necessary.
1) Loan Agreement between Garfield County, Colorado as
Issuer and Union Oil Company of California (dba Unocal)
dated November 1, 1987.
2) Indenture of Trust between Garfield County, Colorado as
Issuer and United Bank of Denver National Association as
Trustee dated November 1, 1987.
3) Reimbursement Agreement among Union Oil Company of
California, Unocal Corporation and Union Bank of
Switzerland dated November 1, 1987.
4
Certificate of Union Oil Company of California re:
Economic Useful Life of Facilities Financed with Bond
Proceeds dated November 24, 1987.
We have come to the conclusion that the transfer of the
equipment to CCF under the Lease will not cause the above -captioned
bonds to lose their tax-exempt status.
Board of Commissioners
Page 2
The second paragraph of Section 3.1 of the Loan Agreement
expressly contemplates and provides for discontinuance of the use
of all or some of the pollution control equipment obtained with
Bond funds and allows for their sale or other transfer. Section
2.2(j) of the Loan Agreement requires that all the equipment funded
by the Bonds be located in Garfield County during its useful lives.
The Certificate regarding Economic Useful Life of Facilities
Financed with Bond Proceeds states that the useful life of the
items described in Exhibit A of the Certificate is not less than
ten years from November 24, 1987.
Under the Lease, Colorado Clean Fuels will use the equipment
in Garfield County. There will be appropriate provisons in the
Lease barring the Lessee from moving the Equipment out of the
County prior to November 24, 1997. Therefore, we confirm to you
that there will be no breach of Unocal's representations,
covenants, or other obligations under the Bond Documents by virtue
of its entering into the Lease with CCF.
The office of the General Tax Counsel of Unocal confirms that
if there is no breach of the Bond Documents, the tax-exempt status
of the Bonds will not be affected. They further confirm that the
transactions contemplated hereby do not conflict with either the
provisions of Section 147 of the Internal Revenue Code of 1986 or
of section 150 of that Code, specifically that none of the
transactions constitute a prohibited change in use.
This letter is directed to the Commissioners of Garfield
County and no other person or entity is entitled to rely on this
letter.
C
CRW:nd
2023.1
S.R. Lindauer
P.O. Box 1622
Elko, NV 89801
April, 10, 1992
Board of County Commissioners,
109 8th Street,
Suite 301,
Glenwood Springs, Co 81602
Gentlemen:
1
f�sG �' y� �} a, � r.
APR 1 3 1992
COONTY CCivi iSSfONERS
I am the owner of a ranch near the Union Oil Shale Plant that Colorado Clean Fuels
intends to reopen. I intensely object to the granting of the Special Use Permit requested by
the Colorado Clean Fuels. I object to this permitting because of past permits granted by the
Board of County Commissioners has allowed companies to pollute our air, water, and
ground.
Special Use Permits were granted to Union Oil Company for a plant to recover oil from oil
shale. In their plant procedure, Union Oil often polluted the atmosphere in the vicinity of
their plant and in the Parachute area. The Colorado Department of Health allowed Union
Oil to do most of their own sampling and analysis for air, ground, and water pollution. A
lot of the information that they found from their sampling and analysis was not available
to the public. I was able to obtain only a limited amount of air quality control pollution
information that Union Oil had completed, and I had to obtain this information from the
Colorado State Health Department. It appeared to me that Union Oil, when operating their
plant, was producing many elements or compounds from plant stacks or settling ponds
which were causing the bad odors, but at the same time, they were not required by Colorado
Law to report these to the Colorado Department of Health. Consequently, should another
company open the plant and produce bad odors, we have no way of knowing what these
odors are made up of, so we do not know what we are breathing.
Often the air quality at the ranch site was so foul, bad smelling, and unclean when Union
Oil was operating their plant that we were not able to sleep at night. Had the Union Oil
Shale Plant continued and expanded in operation , 1 believe that they would have been
allowed to pollute the air up and down the valley to the extent that the health of people living
in the valley may have been in jeopardy. In regard to the pollution of ground and water
sources in the vicinity of their plant and in the valley, I know of no outside source that has
checked for the degree of this pollution.
I have no reason to believe that the air, ground, and water will not again be polluted should
the Board of County Commissioners of Garfield County grant additional permits for this
plant.
Sincerely,
1� �
t es c-L..L--1.
S.R. Lin dauer
GARFIELD COUNTY
REGULATORY OFFICES AND PERSONNEL
July 10, 1992
Mr. Robert A. Downey
Executive Director
Colorado Clean Fuels
9085 East Mineral Circle, Suite 350
Englewood, CO 80112
RE: Colorado Clean Fuels Parachute Creek Project
Dear Mr. Downey:
Please consider this letter to be a response to your letter dated July 3, 1992. Based on the
representations contained in your letter, there does not appear to be a need for any additional
information due to a change in your projected time frame and scope of the project.
In the application, on page 10, you state that construction is "expected to commence by July
1, 1992." Don DeFord, County Attorney, and I do not feel that this is a firm commitment to
initiate construction by that date. If construction is initiated by November 1, 1992, there would
be general compliance with the permit approvals previously given in Resolution No. 92-035.
All of the uses permitted are allowed uses, provided the uses comply with any conditions of
approval. Being an allowed use does not mandate that all of the uses must be initiated at the
same time, to be in compliance with the approved Special Use permit. As such, if the F -T
synthesis loop is not a part of the initial construction, it could be added at a future date,
provided all permits required and conditions of approval have been met.
If you have any other questions or concerns, feel free to call or write to this office, at your
convenience.
Mark L. Bean, Directory
Regulatory, Offices, and Personnel
MLB/rlb
109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601
COLORADO CLEAN FUELS
July 3, 1992
Garfield County Board of County Commissioners
Garfield County Courthouse
109 8th Street
Glenwood Springs, Colorado 81601
RE: Colorado Clean Fuels Parachute Creek Project Status
Dear Commissioners:
This letter is to advise you that, as a result of difficulties we have experienced in
achieving timely completion of project engineering design on our planned methanol production
facility at the Unocal Shale Oil Upgrade Plant near Parachute, Colorado, we have selected a
replacement engineering firm to complete the project design.
Ford, Bacon and Davis Technologies of Salt lake City, Utah has been selected to
complete the process engineering design for our methanol plant. FBDT is an established,
recognized firm with extensive petrochemical process engineering design capabilities. FBDT
will be subcontracting the engineering design to The Industrial Company (TIC) of Steamboat
Springs, Colorado. We have selected TIC as our General Contractor, subject to our final
approval of the lump sum turnkey bid proposal TIC will forward to us with assistance from
FBDT.
As you know, we have an exclusive license from Rentech, Inc. to produce 500 BPD of
Fischer-Tropsch liquids such as clean diesel fuel, naphtha, and waxes at our facility. Our plans
to construct an F -T synthesis loop to produce a maximum of 500 BPD of these liquids have
been predicated upon receipt of a performance warranty from Rentech and our project design
engineers. These guarantees, in turn, were to be based upon performance of an existing F -T
liquids plant that was constructed by Public Service Company of Colorado's subsidiary
9085 East Mineral Circle, Suite 350
Englewood, Colorado 80112
Phone: (303) 792-3037
Fax: (303) 792-5603
27405 Puerta Real, Suite 340
Mission Viejo, California 92691
Phone: (714) 582-0373
Fax: (714) 582-0842
Garfield County Board of County Commissioners
7/3/92
Page 2
company, Fuelco, at Pueblo, Colorado, and that began commercial operation in early January
of this year. However, the Pueblo plant has for various non -synthesis -related reasons not
operated on a continuous basis for a sufficient period of time to achieve production and
performance data upon which these guarantees, as required by project lenders, could be
provided to us.
As a result, we are forced at this time to either delay our entire project until such
guarantees are forthcoming, or to proceed with construction of our project to produce only
methanol. Our decision is to proceed with methanol production only, with the expectation that,
perhaps in the coming months, the Pueblo plant will provide the performance data needed to
enable delivery of sufficient process guarantees to our lenders. At that time, we would consider
modifications to our facility to provide for production of these liquids, as we described in our
Special Use Permit application.
Because of the difficulties we were experiencing, our project development schedule has
suffered several months of delay. We now anticipate completion of the basic engineering
design and submittal of the turnkey EPC contract to us by TIC and FBDT on or before
October 1, 1992. However, this date, too, could vary in the event we experience any
difficulties in receipt of methanol synthesis loop design data and support from the synthesis
techology vendor. At this time, we are considering methanol synthesis technology owned by
Lurgi and Mitsubishi, and anticipate reaching a decision as to which process to use on or
around July 10, 1992, in keeping with our revised schedule.
Assuming we have no further delays with our contractors, we would anticipate closing
on construction financing in approximately one month after receipt of the EPC contract
proposal (if acceptable to us), and thus, construction would begin around November 1, 1992.
We trust that you may appreciate and understand the above, and recognize that it
remains our earnest desire to proceed with completion of this project as soon as we possibly
can. These changes and delays have been very costly to us; however, we intend to complete
our project as we outlined to you and as provided for in our permit. If additional information is
required, please contact me at 303-792-3037.
Sincerely,
iCPv i -a 6 1�
Robert A. Downey
Executive Director
cc: L. Elliott
D. Stranger
L.-CPC. 4r / oe. A
STATE OF COLOFADO
COLORADO DEPARTMENT OF HEALTH
Dedicated to protecting and improving the health and
environment of the people of Colorado
4300 Cherry Creek Dr. S. Laboratory Building
Denver, Colorado 80222-1530 4210 E.11th Avenue
Phone (303) 692-2000 Denver, Colorado 80220-3716
(303) 691-4700
April 1, 1993
Colorado Clean Fuels, LLC
Parachute Creek Plant
Attn: Robert A. Downey
9085 East Mineral Circle, Suite 350
Englewood, CO 80112
Ray Romer
Governor
Patricia A. Nolan, MD, MPH
Executive Director
CERTIFIED MAIL NO: P 895 190 771
RE: Expiration of Permit to Discharge
Colorado Clean Fuels, LLC
Permit Number: C0-0039918
Garfield County
Dear Sir:.
You are hereby notified that your permit for the discharge of
wastewater to state waters expired on March 31, 1993 and has been
terminated. The Division has been in the process of inactivating
your permit based upon your request of October 6, 1992. As the
inactivation process has not been completed, allowing the permit
to expire is the simplest approach. Division staff may visit
your site in the near future to confirm the elimination of all
discharges.
Section 25-8-501 (1) of the Water Quality Control Act, C.R.S.,
1973 as amended, and regulations for the "State Discharge Permit
System, " Section 6.4.0(1) requires submittal of a renewal
application 180 days prior to the expiration.
It is unlawful to discharge.pollutants from a point source to
state waters without a permit. Section 25-8-608 of the Water
Quality Control Act provides for assessing of civil penalties of
up to $10,000 per day for unlawful discharge. Should you operate
your facility, now or in the future and a discharge occurs, you
must apply for a permit no less than 180 days prior to the
discharge.
However, prior to obtaining a new discharge permit it will be
necessary for you to make complete payment of any outstanding
fees still owed the State for the referenced permit.
Page 2
Expiration of Permit
Colorado Clean Fuels, LLC
Permit Number: CO -0039918
If you have any questions regarding this matter, please call this
office at 692-3597.
Sincerely,
/1/(2f,��✓
Robert J. 'hukle, Chief
Permits and Enforcement Section
Water Quality Control Division
RJS/lg
cc: Permits Section, Environmental Protection Agency
Local Health Department
Dwain Watson, Field Support Section, WQCD
Derald Lang, Field Support Section, WQCD
Connie Moreno, Administration Section, WQCD
MS -3
RJS/lg
COLORADO DEPARTMENT OF HEALTH
1 fe•rh1 .rt1 r! fu llrwe-(hrp; and rtrlhrrna,rg floc he•,11th.Itx1
r•nvrrunn+rnt
01 the !x•tgrh• e,! ((rlfnjr ,
11/11 (uv•1. Or ti
I a -n..^ 1 .L •1.11 l., 1tn; 1.11
t'Nunr 1 SI M 64.!. 111111
October 19, 1992
STATE OF COLORADO
1 .II11f1.11111% Ii11IIlnh;
111 f 11111 •l\1-ur•
lh•»1r1, (ulur,ulel l 11.!11- 5.-14
11111.9!-I'i111
Robel.t A. Downey, Executive Director
Colorado Clean Fuels, LLC
9085 East Mineral Circle, Suite 350
Englewood, CO 80112
RE: Transfer of Ownership
Permit leo.: CO -0039918
Garfield County
Dear Mr. Downey:
4,1
2 1992 1.
c.
F 1c R1.1111•1
I'.d1i1 ..i \ �;..P.!•1 '.1f' h1!•i 1
The above -referenced permit has.been modified to reflect an ownership change
from Union Oil Company to Colorado Clean Fuels, LLC.
Enclosed, for your records,is a copy of the permit for which you have assumed
responsibility, coverage and liability. Please familiarize yourself with the
requirements of the permit to ensure that•all terms and conditions are
complied with.
If you have any questions about this matter or your permit, please contact
this office at (303) 692-3697.
Sincerely,
ouann Gaines, Staff Assistant
Permits and Enforcement Section
Water Quality Control Department
CC :
Permits Section, Environmental Protection Agency
Local Health Department
John Farrow, Planning and Standards, WQCD
District Engineer, Field Support Section, WQCD
Ginny Torrez/Anne Ihlenfeldt, Permits and Enforcement Section WQCD
Connie Moreno, Administration Section, WQCD
Enclosure
® Prrnfe'd nn x11 ti.led POPO"
COLORADO DEPARTMENT OF HEALTH
Water Quality Control Diiision
Permits and Enforcement, Room 200
4210 East 11th Avenue
Denver, CO 80220
(303)+331-4761
APPLICATION FOR TRANSFER
AND ACCEPTANCE OF TERMS
OF A COLORADO PERMIT
I hereby apply for transfer of ownership of this Colorado Permit, No.
C0-00399/ g , which was issued to ?,44 1;0'd Q' / Ce'iwi}N . I
have reviewed this permit and accept responsibilities, coverae and liability,
effective May 1, 1992
NEW OWNER: Colorado Clean Fuels, LLC
Facility Name: Parachute Creek Plant
Mailing Address: 9085 East Mineral Circle Suite 350
City: Englewood State: Colo Zip Code: 80112 County: Arapahoe
Telephone Number: ( 303 ) 792-3037
area code
Authorized Agent: Robert A. Downey
please print
Signature: (-496, A
Title: Executive Director Date: March 19, 1992
Facility Contact (if other than owner):
Facility Address: P.O. Box 487 Parachute, Colorado 81635
Telephone Number: ( 303 ) 792-3037
area code
As previous owner, I hereby agree to the transfer of the above referenced
permit and all responsibilities thereof.
PREVIOUS OWNER/OPERATOR
Facility Name: Parachute Creek Shale Oil Program
Authorized Agent: Allen Randle
Signature:
please print
Current Telephone Number: ( 714 ) 577-3194
Signature
area code
Title: Vice President, Technical Services Date: August 31, 1992
0022M/0126M
COLORADO DEPARTMENT OF HEALTH
Water Quality Control Division
WQCD-PE-82
4300 Cherry Creek Drive South
Denver, Colorado 80222-1530
SUMMARY OF RATIONALE
COLORADO CLEAN FUELS, LLC
PARACHUTE CREEK PLANT
PERMIT NUMBER : CO -0039918
GARFIELD COUNTY
FACILITY TYPE: Industrial - Renewal
FEE CATEGORY: Category 10, Subcategory 3
SIC NO.: 2911
LOCATION: The SW 1/4 of Sec. 35 and the SE 1/4 of Sec. 34, T6S,
R96W; the NW 1/4 of Sec. 2 and the NE 1/4 of Sec. 3
T7s, R96W; the Ne 1/4 of Sec. 32 and the NW 14 of Sec.
33, T6S, R96W; approximately 2 miles northwest of
Grand Valley, Colorado at 2717 County Road 215 (see
fugures 1, 2, 3 of permit).
LEGAL CONTACT:
Robert A. Downey, Executive Director
9085 East Mineral Circle, Suite 350
Englewood, Colorado 80112
(303)+792-3037
FACILITY ADDRESS: P.O. Box 487
Parachute, Colorado 81635
RECEIVING WATERS: Parachute Creek, a tributary to the Colorado River
SUB --BASIN, SEGMENT: Segment 4, Region 11, Lower Colorado River sub -basin
CLASSIFICATION: Recreational, Class 2
Aquatic Life, Class 2, (Cold)
Agricultural Use
Segment 4, Numeric Standards:
D.O. = 6.0 mg/1 Dd = 0.01
(7.0 mg/1 spawning) Cr, tri = 0.1
pH = 6.5 -- 9.0 s.u. Cr, hex = 0.1
Fecal Coliforms = Cu = 0.2
2000/100 ml Pb = 0.1
CN, total - 0.2 Ni = 0.2
B = 0.75 Se = 0.02
As = 0.1 Zn = 2.0
Concentrations are as mg/1 unless otherwise indicated.
Corrected 10/19/92
Permit No.: CO --0039918
County: Garfield
AUTHORIZATION TO DISCHARGE UNDER THE
COLORADO DISCHARGE PERMIT SYSTEM
In compliance with the provisions of the Colorado Water Quality Control Act,
(25-8-101 et. seq., CRS, 1973 as amended) and the Federal Water Pollution
Control Act, as amended (33 U.S.C. 1251 et. seq.; the "Act") the
COLORADO CLEAN FUELS, LLC
is authorized to discharge from the Parachute Creek Shale Oil Program Upgrade
facility from discharge points 001 and 002
located in the SW1/4 of Sec. 35 and the SE1/4 of Sec. 34, T6S, R96W, and the
NW1/4 of Sec. 2 and the NE1/4 of Sec. 3, T7S, R96W, approximately 2 miles
northwest of Grand Valley, Colorado
to Parachute Creek
in accordance with effluent limitations, monitoring requirements and other
conditions set forth in Part I, and II hereof. All discharges authorized
herein shall be consistent with the terms and conditions of this permit.
This permit shall become effective thirty (30) days after the date signed by
the Director. Should the applicant choose to contest any of the effluent
limitations, monitoring requirements or other conditions contained herein, the
applicant must comply with Section 24-4-104 CRS 1973 and the Regulations for
the State Discharge Permit System. Failure to contest any such effluent
limitation, monitoring requirement, or other condition, constitutes consent to
the condition by the Applicant.
This permit and the authorization to discharge shall expire at midnight,
March 31, 1993.
Issued and Signed this 14 day of June, 1988
COLORADO DEPARTMENT OF HEALTH
Paul Ferraro, Director
Water Quality Control Division
Code: i - 1 Date: 1 - 84
CERTIFIED LEITER NO 1'474 159 /77
DATE SIGNED___411.411.ammj
EFFECTIVE DATE ® :.;
PERMIT 7/11/17
Corrected 10. /92
COLORADO
421.0 East 11th Avenue
Denver, Colorado 80220-3716
Phone (303) 320-8333
Telefax Numbers:
Main Building/Denver
(303) 322-9076
Ptarmigan Place/Denver
(303) 320-1529
First National Bank Building/Denver
(303) 3558559
Grand Junction Office
(303) 248-7198
Pueblo Office
DEPARTMENT (719)5438441
OFAHEALTH
S'
ROY ROMER
Governor
JOEL KOHN
Interim Executive Director
April 3, 1992
Peter D. Nichols
Unocal
10735 County Road 215
Parachute, CO 81635
RE: Transfer of Ownership
Union Oil Company
Permit No.: CO --0039918
Garfield County
Dear Mr. Nichols:
I am responding to a request from Mr. Phaler on the procedures to
transfer the ownership of the above referenced permit.
To begin the process, a written request must be received by the
Division. At that time I mail a transfer of ownership form to the legal
holder of the permit to be completed and signed by them as well as the
new owner of the permit. Before the Division will process the transfer,
the annual administrative fees need to be paid and all discharge
monitoring reports submitted to the date of transfer according to Section
6.9.3. (3) of the.Colorado State Discharge Permit Regulations which
state: "The permit shall not be transferred to another party without
prior notification to the Division and requirements of section 6.9.6 and
6.16.0 have been met."
Once the form has been completed and returned to the Division, 1 will
complete the paper work to change the name and address on the permit to
reflect the new legally responsible owners and mail them a copy of the
.transferred permit.
This is the process used to transfer the ownership of a permit. If you
have further questions with regard to the transfer process please contact
me at (303)+331-4761.
Your cooperation in this matter is appreciated.
Sincerely,
�ofiann Gaines, Staff Assistant
Permits and Enforcement Section
Water Quality Control Division
cc: Leon F. Phaler, Unocal Energy Mining Division
Garfield County Commissioners
i"i primed on recycled paper
/1c
Unocal Energy Mining Division
Unocal Corporation
2717 County Road 215
Parachute, Colorado 81635
Telephone (303) 285-7600
UNOCAL*
Peter D. Nichols
General Manager
Dear Ms. Gaines:
March 30, 1992
RECEIVEn
APR 1 1992
WQCD, PERM , :, L. t ION
Ms. Lauann Gaines
Colorado Department of Health
Water Quality Division
4210 E. l lth Avenue
Denver, Colorado 80220
As per our conversation on March 30, 1992, this correspondence is a request for you to send a letter to both the
Garfield County Board of Commissioners and Peter Nichols of Unocal that stipulates both the legality and
procedures required to transfer existing Unocal water permits to the Clean Fuels Development Corporation.
Following are the addresses of the above mentioned parties:
Peter D. Nichols
Unocal
10735 County Road 215
Parachute, Colorado 81635
(303) 285-7600 ext. 2214
Garfield County Commissioners (no specific name)
109 8th Street
Gleenwood Spring, Colorado 81601
(303) 945-6514
This information is needed before the next meeting between Unocal, Clean Fuels Development Corporation, and
the Garfield County Commissioners, which is scheduled for April 13, 1992. Thank you for your time and
concern.
Should you have any questions, please call me at (303) 285-7600 ext. 2213.
Permit. Let
Sincerely,
Leon F. Pahler
COLORADO
DEPARTMENT
OFAHEALTH
4210 East 11th Avenue
Denver, Colorado 80220.3716
Phone (303) 320-8333
Telefax Numbers:
Main Building/Denver
(303) 3229078
Ptarmigan Place/Denver
(303) 320-1529
First National Bank Building/Denver
(303) 355-6559
Grand Junction Office
(303) 248-7198
Pueblo Office
(719) 543-8441
ROY ROMER
Governor
JOEL KOHN
Interim Executive Director
March 17, 1992
Colorado Clean Fuels
Robert A. Downey, Executive Director
9085 East Mineral Circle, Suite 350
Englewood, CO 80112
RE: Transfer of Ownership
Union Oil Company
Permit No.: CO --0039918
Garfield County
Dear Sir:
Enclosed is a transfer of ownership form which must be completed and
returned to this office before we can proceed with your request to
transfer the above -referenced permit. Please ensure that both the former
owner and the new owner complete and sign the form. The new owner should
provide the names, addresses, and telephone numbers of both a legal and
local contact. The legal contact may serve as local contact. Please
return the completed form within thirty days.
Section 6.9.3. (3) of the Colorado State Discharge Permit Regulations
state: "The permit shall not be transferred to another party without
prior notification to the. Division and requirements of section 6.9.6 and
6.16.0 have been met." This means that before the Division will process
the transfer; the annual administrative fees must be paid and all
discharge monitoring reports up to the date of transfer must be received
by the Division.
If you have further questions with regard to the transfer process please
contact me at (303)+331-4761. Questions relating to the annual fee can
be directed to Ms. Connie Moreno at (303)+331-4539.
Your cooperation in this matter is appreciated.
Sincerely,
uann Gaines, Staff Assistant
Permits and Enforcement Section
Water Quality Control Division
cc: Permit Section, Environmental Protection Agency
John Farrow, Planning and Standards, WQCD
Dwain Watson, D.E., Field Support Section, WQCD
Connie Moreno, Administration Section, WQCD
MS -3
Enclosures
Q,mimed on recycled pdper
COLORADO CLEAN FUELS
March 6, 1992
Ms. Louann Gaines
Colorado Department of Health
Water Quality Division
4210 East llth Avenue
Denver, Colorado 80220
Dear Ms. Gaines:
RECEIVED
MAR 9194!
Y'QCD PERMIT SECTION
CO- VC.
County 'ea/ I
This letter is to request the appropriate forms for the transfer of the Colorado
Department of Health NPDES permit for the Unocal Shale Oil Upgrade Facility at Parachute,
Colorado. The permit would be transferred from Unocal to Colorado Clean Fuels.
Colorado Clean Fuels is acquiring the facility from Unocal under a lease -purchase
agreement. Colorado Clean Fuels intends to convert the facility to the manufacture of methanol
from natural gas, a process much less complicated and much more environmentally friendly
than the shale oil processing the facility was previously built and operated for. Colorado Clean
Fuels will continue to operate the facility on a zero discharge basis, and thus the permit for the
facility will not be affected.
If there are any questions, please contact me at 303-792-3037. We look forward to the
receipt of the update forms and to the completion of the permit transfer. We thank you very
much for your assistance and cooperation in this regard.
Sincerely,
Robert A. Downey
Executive Director
cc: L. Elliott
9085 East Mineral Circle, Suite 350
Englewood, Colorado 80112
Phone: (303) 792-3037
Fax: (303) 792-5603
27405 Puerta Real, Suite 340
Mission Viejo, California 92691
Phone: (714) 582-0373
Fax: (714) 582-0842
COLORADO CLEAN FUELS
April 6, 1992
Garfield County Board of County Commissioners
Garfield County Courthouse
109 8th Street
Glenwood Springs, Colorado 81601
RE: Special Use Permit Rehabilitation Plan
Dear Commissioners:
I
P-q5M Ar -T
1 i
+ii APR 91992
GHQ ,, ,. -.: At3U1NITY
Per a request by Mr. Don Deford, this letter is to confirm and further elaborate on the
rehabilitation program anticipated by Colorado Clean Fuels in the event the facility is
decommissioned and abandoned.
In the event Colorado Clean Fuels does not exercise its option to purchase the facility
at some point during or at the end of the 15 -year lease term with Unocal, the terms of its lease
agreement with Unocal specifically provide that "upon the termination of this lease, lessee shall
surrender the premises to lessor; provided, however, lessee shall have a period of up to one
year from the date of termination of the lease to remove all buildings, improvements,
equipment and personal property owned by lessee on the premises and return the premises to
lessor in the same condition as when received, ordinary wear and tear excepted. Lessee shall
repair any damage to the premises occasioned by the removal of Iessee's buildings,
improvements, equipment and personal property." Colorado Clean Fuels' rehabilitation plan
for the duration of the lease is to return the facility to Unocal in its existing condition.
Therefore, in the event Colorado Clean Fuels returns the facility to Unocal, any obligations for
site rehabilitation that Unocal currently has will remain with Unocal, after Colorado Clean
Fuels completes its obligations to remove its buildings, improvements, equipment and personal
property.
9085 East Mineral Circle, Suite 350
Englewood, Colorado 80112
Phone: (303) 792-3037
Fax: (303) 792-5603
27405 Puerta Real, Suite 340
Mission Viejo, California 92691
Phone: (714) 582-0373
Fax: (714) 582-0842
Garfield County Board of County Commissioners
4/6/92
Page 2
In the event Colorado Clean Fuels exercises its option to purchase the facility at some
point during or at the end of the 15 -year lease term with Unocal, it will become obligated to
rehabilitate the site if the facility is decommissioned and abandoned. Colorado Clean Fuels
expects that a one-year period in which full rehabilitation would be accomplished is a
reasonable time period, consistent with the rehabilitation timing provided for in its lease
agreement with Unocal. Rehabilitation is construed by Colorado Clean Fuels to mean the
removal of all equipment, buildings, fixtures and other structures and the restoration of topsoil
to excavated areas, along general topographic contours that were present prior to the initial
construction of the facility.
I trust that the above clarifies our intentions, expectations and obligations
understanding in the event the facility is decommissioned and abandoned. If additional
information is required, please contact me at 303-792-3037.
Sincerely,
Robert A. Downey
Executive Director
cc: L. Elliott
P. Nichols
D. Stranger
P4 LI
APR i 'S2 13;04 FPOM JE -HOUSTON
JOHN BROWN
April 07, 1992
P
TO 244 10037925E03 PFGF, 002/ 02
R.0)
APR 9 X992
GARFIELD COUNTY
Mr. Robert Downey
COLORADO CLEAN FUELS
9085 E. Mineral Circle, Suite 350
Englewood, Colorado 80112
John Brown E & 0
7909 Parkwood Circle Drive « 77036
P.O. Box 720421
Houston, Texas 77272
Telephone (713) 988-2002
FAX: (71 3) 772-4673
Telex: 275518 JBECH - UR
RE: COLORADO CLEAN FUEL
Parachute, CO
JBE&C Job No, J8 -192H499
Letter No. 003
Subject: Colorado Clean Fuels
Methanol Conversion
Noise Level Design
Dear Mr. Downey:
This is to answer questions pertaining to the noise levels which may be
expected from the Methanol Conversion and related operating units at the
Upgrade Facility in Parachute, Colorado.
It is John Brown's practice to design all units such that noise levels from
operating equipment do not exceed 95 decibels, when measured within 3 feet
of the battery limit of the unit. Since the units' large machines will all
be in excess of 200 feet from the property line, the noise levels would be
considerably less than 85 decibels at the property line.
Very truly yours,
JOHN
E
Ral pT ' . Cooper
Sr, Project Ma .ger
RDC/gnr
cc: D. Sheppard
M. Islam.
File: 2.1
APR B
32 - Fr.,70N JE -HOUSTON #3
JOHN BROWN
April 08, 1992
TO -O0' 1 .3O3 ( `2563:3 PAGE , ✓/0'/002
g°
APR 9 1992
GARFIELD COUNTY
Mr. Robert Downey
COLORADO CLEAN FUELS
9085 E. Mineral Circle, Suite 350
Englewood, Colorado 80112
Dear Mr. Downey:
John Brown E &
7909 Parkwood Circle Drive • 77036
P.O. Box 720421
Houston, Texas 77272
Telephone (713) 988-2002
FAX: (713) 772-4873
Telex: 278518 JBECH - UR
RE: COLORADO CLEAN FUELS
Parachute, CO
J8E&C Job No. J8 -192H449
Letter No. 005
Subject: Methanol Conversion
Vibration Design
This is to answer questions pertaining to the vibrations which may be
expected from the Methanol Conversion and related operating units at the
Upgrade Facility in Parachute, Colorado.
The methanol conversion and related operating units will include several
machines with centrifugal and/or reciprocating movements inherent within the
individual machines. John Brown will design foundation and mechanical
systems supporting these machines to both support the large 'weight' masses
and dampen any inherent vibrations occurring. These procedures are a normal
part of the design process and will be followed for the units in question.
The results of this design will result in an operating unit which will have
no detectable vibrations at the property line.
RDC/gnr
cc: D. Sheppard
M. Islam
File: 2.1
Very truly yours,
E C
YV�, 4'1
Rat D. Coos -r
Sr. Project anager
- -r f.. _.r. _._ __...
A4 iiiilIr '
1 9 1
March 18, 1992
Invironmental Protection Agency
Air and Toxics Division
VIII 999 18th
Denver, Colorado 80202
Dear Sir:
Please find enclosed information on a proposed industrial operation
to be located one mile north of Parachute. My concern is this:
Parachute is situated at the lower end of a canyon and is totally
surrounded by mountains. Because of this geographical condition,
INVERSIONS are created. Prevailing winds are from east to west
in the daytime and switch from north to south at night. This industrial
operation admits emissions of nitrogen oxide and carbon monoxide. The
definition of nitrogen oxide is colorless, tasteless, odorless gas.
Definition of carbon monoxide is colorless, very poisonous gas.
This appears to be a relatively clean industrial operation as industrial
plants go, but with our geographical situation the quality of our night-
time air could be entraped in alinversion possibly rendering it hazardous
to our health. I would very much appreciated your interest in this. In
the past when Unocal was operating this plant as an upgrade facility,
there were major problems with our air quality.
Time is of essence as permits to this operation will be requested at
a hearing with the Commissioners of Garfield County on April 13, 1992.
Please find enclosed a photo which may help to illustrate the proposed
plant in relation to our valley.
Respectfully submitted.
yce Risley
P.o. Box 412
Parachute, Colorado 81635
c/c Arnold Mackley, Garfield County Commissioner
r FP
S.R. Lindauer
P.O. Box 1622
Elko, NV 89801
April, 10, 1992
Board of County Commissioners,
109 8th Street,
Suite 301,
Glenwood Springs, Co 81602
Gentlemen:
APR 1 3 1992
COM CO M SS1ONERS
I am the owner of a ranch near the Union Oil Shale Plant that Colorado Clean Fuels
intends to reopen. I intensely object to the granting of the Special Use Permit requested by
the Colorado Clean Fuels. I object to this permitting because of past permits granted by the
Board of County Commissioners has allowed companies to pollute our air, water, and
ground.
Special Use Permits were granted to Union Oil Company for a plant to recover oil from oil
shale. In their plant procedure, Union Oil often polluted the atmosphere in the vicinity of
their plant and in the Parachute area. The Colorado Department of Health allowed Union
Oil to do most of their own sampling and analysis for air, ground, and water pollution. A
lot of the information that they found from their sampling and analysis was not available
to the public. I was able to obtain only a limited amount of air quality control pollution
information that Union Oil had completed, and I had to obtain this information from the
Colorado State Health Department. It appeared to me that Union Oil, when operating their
plant, was producing many elements or compounds from plant stacks or settling ponds
which were causing the bad odors, but at the same time, they were not required by Colorado
Law to report these to the Colorado Department of Health. Consequently, should another
company open the plant and produce bad odors, we have no way of knowing what these
odors are made up of, so we do not know what we are breathing,
Often the air quality at the ranch site was so foul, bad smelling, and unclean when Union
Oil was operating their plant that we were not able to sleep at night. Had the Union Oil
Shale Plant continued and expanded in operation , 1 believe that they would have been
allowed to pollute the air up and down the valley to the extent that the health of people living
in the valley may have been in jeopardy. In regard to the pollution of ground and water
sources in the vicinity of their plant and in the valley, I know of no outside source that has
checked for the degree of this pollution,
I have no reason to believe that the air, ground, and water will not again be polluted should
the Board of County Commissioners of Garfield County grant additional permits for this
plant.
Sincerely,
te,c-Plese.
S.R. Lindauer
P�$ociatea
�y O, 01o7/hived e010T!ldG
oto
April 13, 1992
Garfield County Commissioners
109 8th St,
Glenwood Springs, CO 81601
RE: Support for the Colorado Clean Fuels Project
Dear County Commissioners:
�X J
The Colorado Clean Fuels Project has been reviewed and endorsed
by the Board of Directors for the Associated Governments of Northwest
Colorado. The project has significant potential regional benefits as
it makes a beneficial use of our region's abundant natural gas
resource.
The Colorado Clean Fuels Project is supported for the following
reasons;
1. The project will provide clean liquid €eels products .,
methyl alcohol, diesel fuels, naptha and F.T. Wax. These products
will help in metro area clean air campaigns by decreasing automobile
engine emissions. The F.T. Wax will help avoid dependence on an
imported product now only obtainable from South Africa.
2. The 'ro'ect will oserate on a sound environmental basis. No
toxic or hazardous wastes will be
at or below existing air permits,
generated and air emissions will be
3. The _prod ectwijrovide ueedad jobs and a tax base. This
will help lessen the impact of the closure of the Unocal, Oil Shale
Project.
4. The project is compatible with oil shale research at the
Unocal site. During an AGNC sponsored visit to the Lawrence
Livermore National Lab it was indicated that an oil shale research
facility would not need the upgrade equipment at the Unocal site.
Most oil refineries can accept shale oil with no upgrading necessary.
Unocal has indicated that they will maintain their permits in such a
way that the balance of the site can st111 be utilized for oil shale
research. The proposed Colorado Clean Fuels Project in no way
jeopardizes the use of the Unocal site for oil shale research
activities.
BOX 351 RIFLE, COLORADO 61650 TELEPHONE 3034251723
Thank you for the opportunity to eomnie.nt on the Coloxado Clan
Fuels Project, AGNC urges your approval of the necessary permits for
the project to proceed,
Sincerely,
Tom Lerevre, Chairman
im Evans, Executive Director