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HomeMy WebLinkAbout7 BOCC Staff Report & Exhibits 12.14.2009• STATE OF COLORINDC3 County of Garfield ) SS. At a regular, meeting of the Board of County Caimissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on Monday , the 24th day of May A.D. 19 82, there weresent: , Cocnrnissioner Chariman Eugene Driritc ous e , Commissioner Larry Ve7.as uez , Commissioner Earl Rhodes , County Attorney Leanne Cleland, Deputy , Clerk of the Board when the follgwing proceedings, among others were had and done, to -wit: RESOW'ION NO. 82-121 A RESOLUTION ODNCERNED WITH .APPROVAL OF A MODIFICATION TO THE pLANNED UNIT EIZ ,i3OPMENT PLAN OF THE BA V .w Mt MESA PLANNED UNIT DEVELOPMENT.. WHEREAS, Battlement Mesa, Inc. has filed a petition with the Board of County Commissioners of Garfield County to modify the Planned Unit'Developrnent Plan of the Battlement Mesa Planned Unit Development; and WHEREAS, a public hearing was held by this Board on April 19, 1982 arra continued to May 3, 1982; and WHEREAS, based on the evidence, testimony, exhibits, study of the Comprehensive Plan for the unincorporated area of the County, camments of the Garfield County Planning Department, comments of public officals and agencies, and comments from all interested parties, this Board finds as follows: ' 1. That proper posting, publication, and ;public i otice was: provided' as. . . • required by law for the hearing before the Board; 2. That the hearing before the Board was extensile :and axnplete., that all . pertinent facts, matters and issues were submitted and •that' all 'interested• ptrties- were heard at that hearing; •-- • - `. - 3. That the Garfield County Planning Commission has recommended to this Board that the i equested modification of the Planned. Unit Development' Plan; be grarii'ed;. ' • 4. That the proposed zoning is in compliance with the m' ecomrimendatioris.,'set5 .: forth in the 'Comprehensive Plan for the unincorporated -area bf thxe County; -- :: 5. That the proposed land use will be compatible iwith existing and permitted land uses in the nearbcr area; " • . .. 6.., That for the above -stated and other reasons, the ptoposed=•,modification of the Planned Unit Development Plan is in the best interest of:the'healfh, safety; morals, convenience, order, prosperity and welfare of the citizens Of -Garfield County; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado that the petition of Battlement Mesa, Inc. for a modification of the Planned Unit Development Plan of the Battlement Mesa Planned Unit development for the following described unincotpurate3 area of Garfield County be and hereby is granted and approved subject to the following conditions: LEGAL DESCRIPTION: EXHIBIT A attached 1. That the Battlement Mesa Planned Unit Development shall consist of the following zoning districts, the boundaries of which shall be indicated upon final plat of Battlement Mesa Planned Unit Development, or various final plats thereof, Which districts shall be identified as follows: SEE EXHIBITS B (TEXT) AND C (MAP) ATTACHED 2. All resolutions or parts thereof, inconsistent herewith, are hereby repealed to the extent only of such inconsistency. This repealer shall not he construed as reviving any resolution of part thereof. ATTEST: !ow, ty Clerk of e Board BOARD OF ODUNTY COMMISSIONERS GARFIELD COUNTY, OJLORADO Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: S'T'ATE OF COLORADO: County of Garfield )SS. ) Flaven J. Cerise Eugene Drinkhouse Larry Velasquez Aye Aye Aye Commissioners I, , County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Order is truly copied from the Records of the proceedings of the Board of County Commissioners for said Garfield County, now in my office. -IN WITNESS WHEREOF, I. have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners April 15, 1982 EXHIBIT "t„ REVISED PROPERTY DESCRIPTION FOR BATTLEMENT MESA PLANNED UNIT DEVELOPMENT A parcel of land lying in Sections 5, 6, 7, 8, 9, 10, 16, 17, 18, and 19, Township 7 South, Range 95 West and Sections 13 and 24, Township 7 South, Range 96 West, of the Sixth Principal Meridian, County of Garfield, State of Colorado, more particularly described as follows: Beginning at the East 1/4 Corner of Section 5, Township 7 South, Range 95 West; Thence along the East line of Section 5, S 00" 15' 43" W a distance of 1628.34 feet, to the SE Corner of the N 1/2, NE 1/4, SE 1/4, SE 1/4 of Said Section 5; Thence along the South line of the N 1/2, NE 1/4, SE 1/4, SE 1/4, N 87' 19'1_30" W a distance of 664.56 feet, to the SW Corner of said N 1/2, NE 1/4, SE 1/4, SE 1/4; Thence along the West line of the -N 1/2, NE 1/4, SE 1/4, SE 1/4 of Section 5, N 00° 23' 16" E a distance of 324.34 feet, to the NW Corner of said NE 1/4, SE 1/4, SE 1/4; Thence along the North line of the SE 1/4, SE 1/4 of said Section 5, N 87" 26' 14" W a distance of 663.79 feet, to the NW Corner of said SE 1/4, SE 1/4; Thence along the West line of SE 1/4, SE 1/4 of said Section 5, S 00° 30' 52" W a distancegof 1292.05 feet, to the SW Corner of said SE 1/4, SE 1/4.; Thence along the South line of said Section 5, S 86" 59' 25" E a distance of 1333.74 feet, to the SE Corner of said Section 5;• Thence along the North line of Section 9, Township 7 South, Range 95 West, S 87" 59' 43" E a distance of 1326.37 feet, to the NE Corner of the NW 1/4, NW 1/4 of said Section 9; Thence along the East line of the NW 1/4, NW 1/4 of said Section 9, S 01" 02' 26" W a distance of 1301.45 feet, to the SE Corner of Said NW 1/4, NW 1/4; Thence along the North line of the SE 1/4, NW 1/4 of said Section 9, S 88" 02' 23" E a distance of 1324.35 feet, to the 14E Corner.of said SE 1/4, NW 1/4; Thence along the North line of the SW 1/4, NE 1/4 of said Section 9, S 88" 35' 51" E a distance of 1275.60 feet, to the NE Corner of said SW 1/4, NE 1/4; Thence along the West line of the !1E 1/4, NE 1/4 of said Section 9, N 01' 04' 15" E a distance of 1311.84 feet, to the NW 'corner of said NE 1/4, NE 1/4; Thence along the North line of said Section 9, S 89" 06' 43" E a distance of 1274.26 feet, to the NE corner of said Section 9; Thence along the East line of said Section 9, S 01" 00' 49" W a distance of 1323.29 feet, to the SE corner of the NE 1/4, NE 1/4, of said Section 9; Thence along the North line of the SW 1/4, NW 1/4 of Section 10, Township 7 South, Range 95 West, S 88' 46' 55" E a distance of 631.29 feet, to a point on the North line of the said SW 1./4, "IW 1/4, 687 feet West of the NE corner of said SW 1/4, NW 1/4, said point being the Northwest corner of that Page 2 parcel of land described in Document Number 198564 as recorded in Book 302, at Page 200 of the records of the Clerk and Recorder of Garfield County; Thence along the boundary of said parcel the following five (5) courses: (1) (2) (3) (4) (5) S 00° 49' 34" W a distance of 221.67 feet; S 48° 09' 56" E a distance of 361.92 to a point 456.00 feet, as measured at right angles, southerly from the North line of the Southwest 1/4, Northwest 1/4 of said .Section 10; S 89° 17' 47" E a distance of 166.55 feet; S 000 49' 34" W a distance of 201.43 feet; S 89° 17' 47" E a distance of 246.37 feet; to a pint on the East line of said SW 1/4, NW 1/4, 655 feet. South of the Northeast Corner of said SW 1/4, NW 1/4; Thence departing said parcel boundary along the East line of the 5W 1/4, NW 1/4 of said Section 10, S 00° 54' 36" W a distance of 667.20 feet, to the SE corner of said SW 1/4, NW 1/4; Thence along the East line of the NW 1/4, SW 1/4 of said Section 10, S 000 54' 38" W a distance of 1315.11 feet, to the SE corner of said NW 1/4, SW 1/4; Thence along the South line of the NW 1/4, SW I/4 of said Section 10, N'89° 11' 04" W a distance of 1323,06 feet, to the SW corner of said NW 1/4, SW 1/4; Thence along the South line of the N 1/2, SE 1/4 of Section 9, Township 7 South, Range 95 West N 87° 19' 11" W a distance of 2557.45 feet, to the SW corner of said N 1/2, SE 1/4; Thence along the South line of the N 1/2, SW 1/4 of Section 9, N 88° 38' 08" W a distance of 2654.44 feet to the SW corner of said N 1/2, 5W 1/4; Thence along the South line of the NE 1/4, SE 1/4 of Section 8, Township 7 South, Range 95 West, N 880 43' 49" W a distance of1331.33 feet to the SW corner of said NE 1/4, SE 1/4 of Section 8; Thence along the West line of the SE 1/4, SE 1/4 of ,Section 8, S D1° 20' 14" W a distance of 1316.23 feet to the SW corner of said SE 1/4-, SE 1/4 of Section 8; Thence along the East line of the W 1/2, NE 1/4 of Section 17, S 01° 00' 57" W a distance of 2639.16 feet, to the SE corner of said W 1/2, NE 1/4 of Section 17; lhence along the North line of the NE S 88° 46' 04" E a distance of 1324.13 Section 17; Thence along the Easterly line of the S 01° 01' 24" W a distance of 1320.50 NE 1/4, SE 1/4, of Section 17; Thence along the North line of the SW 1/4, SW 1/4 of Section 16, Township 7 South, Range 95 West, S 87° 41' 13" E a distance of 1330.94 feet, to the NE corner of said SW 1/4, SW 1/4; Thence along the East line of the SW 1/4, SW 1/4 of Section 16, S 01° 03' 30" W a distance of 1322.00 feet to the SE corner of said SW 1/4, SW 1/4; Thence along the South line of said Section 16 N 87° 37' 18" W a distance of 1330.20 feet, to the SW corner of said Section 16; 1/4, SE 1/4 of Section 17, feet, to the E 1/4 corner of NE 1/4, SE 1/4 of Section 17, feet, to the SE corner of the Page 3 Thence along the South line of Section 17, Township 7 South, Rnage 95 West N 88° 44' 01" W a distance of 1984.49 feet, to the SW corner of the E 1/2, SW 1/4, SE 1/4; Thence along the West line of the E 1/2, SW 1/4, SE 1/4, N 00°59'11" E; a distance of 1319.91 feet, to the NW corner of said E 1/2, SW 1/4, SE 1/4; Thence along the South line of the NW 1/4, SE 1/4 of said Section 17, N 88° 45' 02" W a distance of 661.78 feet, to the SW corner of said NW 1/4, SE 1/4; Thence along the South line of the NE 1/4, SW 1/4, N 88° 45' 02" W a distance of 1158.58 feet, to a point 10 -rods Fast of the SW corner of Said NE 1/4, SW 1/4; Thence N O1° 03' 04" E a distance of 131.93 feet; Thence N 88° 43' 44" W a distance of 165.63 feet; Thence N 00° 55' 58" E a distance of 527.66 feet, along the West line of the HE 1/4, SW 1/4 to the NE corner of the S 1/2, NW 1/4, SW 1/4; Thence N 88" 45' 33" W 1324.42 feet to the NE corner of the E 1/2, SE 1/4, NE 1/4, SE 1/4 of Section 18, Township 7 South, Range 95 West; Thence along the North line of the E 1/2, SE 1/4, NE 1/4, SE 1/4 of said Section 18, N 88" 24' 33" W a distance of 329.86 feet, to the NW corner of said East 1/2, SE 1/4, NE 1/4, 5E 1/4; Thence along the West line of the E 1/2, SE 1/4, NE 1/4, SE 1/4 of said Section 18, S 00° 53' 57" W a distance of 659.61 feet to the SW corner of said E 1/2, SE 1/4, NE 1/4, SE 1/4; Thence along the South line of the NE 1/4, SE 1/4 of said Section 18, N 88° 26' 07" W a distance°of 989.84 feet to the SW corner of said NE 1/4, SE 1/4; Thence along the East line of the SW 1/4, SE 1/4, of -said Section 18, S 00° 55' 21" Wa`distance of 1320.46 feet, to the SE corner of said SW 1/4, SE 1/4; Thence along the East line of the W 1/2, NE 1/4 of Section 19, Township 7 South, Range 95 West, S 01" 06' 34" W a distance of 2642.08 feet, to the SE corner of said W 1/2, NE 1/4; Thence along the South line of the NE 1/4 of Section 19, N 88°41'12" W a distance of 1329.89 feet, to the SW corner of said NE 1/4; Thence continuing Westerly along the South line of the NW 1/4 of said Section 19, N 88° 41' 12" 2570.38 feet to the SW corner of said NW 1/4 of Section 19;. Thence continuing Westerly along the South line of the NE 1/4 of Section 24, Township 7 South, Range 96 West, N 890 32' 43" W a distance of 2673.12 feet to the SW corner of said NE 1/4; Thence along the West line of Said N£ 1/4, N 00° 23' 55" W 1023.06 feet; Thence N 01°25' 42" E 229.68 feet; Thence N 660 11' 04" W 236.83 feet; Thence N 34° 29' 42" E 1613.03 feet; Thence N 88° 52' 30" W 202.82 feet; Thence N 00° 00' 00" E 461.13 feet; Thence N 81° 10' 00" W 955.94 feet to the centerline of the Colorado River; Thence along said center the following courses and distances; N 26° 28' 25" E N 30° 21' 25" E N 35" 25' 25" E N 29° 17' 25" E N 40° 24' 25" E N 36 27' 25" E 2.32.98 feet; 206.15 feet; 644.58 feet; 829.38 feet; 99.86 feet; 150.05 feet; Page 4 N 340 541 N 31° 12' N 50° 36' N 72° 23' N 76° 17' N 77° 41' N . 79° 53' N 79° 01' N 62° 57' N 27° 17' N 400 46' N 24° 17' N 32° 26' 8 60° 01' 8 74° 02' N 78° 19' N 50° 40' N 35° 52' N 26° 41' 25" E 21" E 25" E 50" E 12" E 27" E 07" E 50" E 39" E 27" E 59" E 40" E 39" E 18" E 49" E 08" E 20" E 21" E 02" E N 140 13' 250 E N 24° 54' 48" E N 14° 40' 02" E N 04° 23' 25" W N 080 35' Q4" E N 20° 08' 11" E N 32° 27' 48" E Thence leaving said Colorado River centerline S 81° 08' 11" E 526.15 feet; Thence North 01° 04' 10" East a distance of 485.22 feet; Thence South 88° 24' 36" East a distance of 83.00 feet; Thence North 530 18' 25" East a distance of 635.50 feet to the southerly Right -Of -Way of the existing County Road; Thence along said Right -Of -Way South 43° 14' 11" East a distance of 55.74 feet; Thence continuing along said Right -Of -Way South 34° 04' 07" East 107.02 feet; Thence continuing along said Right -Of -Way South 15° 35' 44" East 66.56 feet; Thence North 72° 19' 16" West a distance of 13.56 feet; Thence South 790 47' 18" West a distance of 24.89 feet; Thence South 37° 23' 26" West a distance of 100.52 feet; Thence South 06° 07' 27" West a distance of 83.52 feet; Thence North 88° 48' 43" East a distance of 85.28 feet to the westerly Right -Of -Way of the existing County Road; Thence along said Right -Of -Way the following courses and distances; South 10° 11' 10" East a distance of 50.84 feet; Thence 244.26 feet along the arc of a curve to the left having a radius of 1611.94 feet, the chord of said curve bears South 02° 50' 01" East a distance of 244.03 feet; Thence 331.22 feet along the arc of a curve to the left having a radius of 270.10 feet the chord of said curve bears South 42° 18' 20" East 310.85 feet; Thence South 77° 25' 36" East a distance of 249.91 feet; 163.27 266.75 686.79 390.96 151.22 463.54 281.99 87.91 257.89_ 312.44 126.43 197.27 124.13 109.42 226.07 154.17 444.46 149.32. 150.34 511.69 241.07 996.76 274.60 215.19 79.88 71.69 feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; Page 5. Thence South 820 00' 16" East 142.25 feet; Thence leaving said County Road Right -Of -Way North 13° 52' 58" East a distance of 60.00 feet; Thence South 76° 07' 01" East a distance of 196.00 feet; Thence South 66° 03' 01" East a distance of 92,80 feet; Thence North 640 50' 00" East a distance of 12.20 feet; Thence South 86° 44' 06" East a distance of 201.00 feet; Thence forth 01° 36' 29" East a distance of 650.00 feet; Thence North 86° 44' 01" West a distance of 359.65 feet; Thence North 01° 36' 06" East a distance of 469,21 feet; Thence North 01° 32' 15" East a distance of 568.40 feet; Thence North 01° 39' 14" East a distance of 355.62 feet; Thence North 85° 54' 03" West a distance of 597.54 feet to the centerline of the Colorado River; Thence al9ng said centerline the following courses and distances.: N 30° 34' 03" E 126.48 feet; .N 11° 14' 23" E 262.86 feet; N 03° 21' 52" E 244.92 feet; N 06° 43' 43" E 149.36 feet; N 09° 50' 22" W 130.18 feet; N 15° 44' 44" W 249.17 feet; N 23° 23' 56" E 595.97 feet; N 29° 30'00" E 146.50 feet; N 43° 21' 22" E 437.13 feet; N 53° 22' 38" E 517.59 feet; N 60° 37' 24" E 639.69 feet; N 58° 44' 59" E 242.35 feet; N 68° 18' 39" E 236.76 feet; N 74° 06' 42" E 340.87 feet; N 86° 52' 08" E 446,.65 feet; N 88° 43' 46" E 270.55 feet; S 83° 05' 32" E 198.26 feet; N 78° 27' 53" E 618.98 feet; N 760 29' 45" E 483.05 feet; N 49° 07' 36" E 593.26 feet; Thence leaving said Colorado River centerline S 87° 53' 17" E a distance of 2282.68 feetalong the North line of the SE 1/4 of said Section 5, Township 7 South, Range 95 West of the Sixth Principal Meridian to the point of beginning and containing 3231.348 acres, more or less. EXCEPTING A parcel of land located in Section 18, Township 7 South, Range 95 West Page 6 of the Sixth Principal Meridian and more particularly described as follows; Beginning at a point whence a Bureau of Reclamation Brass Cap monumenting the West 1/4 corner of said Section 18 bears N -88° 23' 00" West 777.00 feet; Thence North 17° 37' 00" East 180.00 feet; Thence South 88° 23' 00" East 457.16 feet; Thence South 24° 50' 39" West 188.29 feet; Thence North 88° 23' 52" West 432.52 feet to the point of beginning and containing 1.767 acres more or less. ALSO EXCEPTING A parcel of land located in the E 1/2, NE 1/4 of Section 9, Township 7 South, Range 95 West of the Sixth Principal Meridian lying South of the centerline of the existing County Road which bisects said E 1/2, NE 1/4 being more fully described as follows. Beginning at the South West corner of the E 1/2, NE 1/4 of said Section 9; Thence North Of' 04' 15" East 1326.43. feet _to. --the center line of the existing County Road; Thence along said centerline the following courses South 88° 05' 38" East 606.75 feet; Thence 173.76 feet along the arc of a curve to the left having a central angle of 36° 50' 00", a radius of 270.29 feet, and a chord that bears North 730 13' 49" East 170.52 feet; - Thence North 54° 33' 16" East 112.11 feet; Thence 266.93 feet along the arc of a curve to the right having a central angle of 79° 30' 00" , a radius of 192.38 feet, and a chord that bears South 790 26' 03" East 222.24 feet; Thence South 54° 46' 19" East 238.44 feet; Thence leaving said road centerline South 01° 00' 49" {est 1284.83 feet, along the East line of said E 1/2, NE 1/4 to the - SE corner of said E 1/2, NE 1/4; Thence North 88° 05' 03" West 1277.04 felt along the South line of said E 1/2, NE 1/4 to the point of beginning and containing 39.926 acres more or less_ EXHIBIT "B" BATTLEMENT MESA PLANNED UNIT DEVELOPMENT DISTRICT REGULATIONS The land use districts within the Battlement Mesa Planned Unit Development shall be governed' in conformity with the following regulations: 1.0 RDR - Rural Density Residential 1.1 Uses, by right: Detached single-family dwellings and customary accessory uses, including buildings for shelter or enclosure of animals or property accessory to use of the lot for single-family residential purposes and fences, hedges, gardens, walks, and similar landscape features; park. 1.2 Uses, conditional: Church, school, community building, day -nursery, fire station, and other public uses. 1.3 Uses, special: Extraction and processing of natural resources. 1.4 Intensity of Use: A maximum of 1.0 dwelling unit per gress acre. 1.5 Minimum Lot Area: 12,500 square feet. 1.6 Maximum Site Coverage: For detached single-family dwellings, without common area as part of the. plat at time of subdivision, not more than 45% of each lot shall be covered by buildings and parking areas. For detached single-family dwellings with common open area as part of the plat at time of subdivision, not more than 50% of the platted area shall be covered by buildings, parking areas, and private streets. 1.7 Minimum Setbacks: (1) Front Yard: (a) Arterial or Collector Streets: (11) No residential structures shall front on an arterial or collector street. (21) For all other uses, 100 feet from street centerline or 50 feet from front lot line, whichever is greater. (b) Local Streets: (11) For residential structures 50 feet from street centerline or 25 feet frau front lot line, whichever is greater. (21) For all other uses, 65 feet from street centerline or 40 feet frau front lot line, whichever is greater. (2) Rear Yard: 20 feet from rear lot line. (3) Side Yard: 10 feet from side lot line. On corner lots, the side yard shall be 25 feet when automobile access is taken across the side yard; the site yard shall be 15 feet when no automobile access is taken across the side yard. -3- 1.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the center of the building. 1.9 Minimum Off -Street Parking: (1) `Io spaces per dwelling unit. (2) For all other uses: see Supplementary Regulations (Section 10.6). 1.10 Additional Requirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modifications of Subdivision Regulations). 2.0 LDR - Low Density Residential 2.1 Uses, by right: Detached single-family dwellings and attached single-family dwellings (either townhouses or zero -lot -line houses) and customary accessory uses, including buildings for shelter or enclosure of animals or property accessory to use of the lot for single-family residential purposes and fences, hedges, gardens; walks, and similar landscape features; park. 2.2 Uses, conditional: Church, school, community building, day nursery, fire station, and other public uses. 2.3 Uses, special: Extraction and processing of natural resources. 2.4 Intensity of Use: A maximum of 5.0 dwelling units per gross acre. 2.5 Minimum Lot Area: (1) For single-family detached dwellings, 7,500 square feet. (2) For townhouse attached single-family dwellings, 2,200 square feet. (3) For zero -lot -line attached single-family dwellings, 4,000 square feet. 2.6 Maximum Site Coverage: For detached and attached single-family dwellings without common area as part, of the plat at time of subdivision, not more than 60% of each lot shall be covered by buildings and parking areas. - For detached and attached single-family dwellings with common open area as part of the plat at time of subdivision; not•nore than 70% of the platted area shall be covered by buildings, parking areas, and private streets. 2.7 Minimum. Setbacks: (1) Front Yard (a) For single-family detached dwellings (11) Arterial or Collector Streets: no structure shall front on an arterial or collector street. (21) Local Streets: 50 feet from street centerline of 25 feet from lot line, whichever is greater. (b) For zero -lot -line and townhouse attached single-family.dwellings (11) Arterial or collector street: no lot shall front on an arterial or collector street. (21) Local streets: 25 feet from the front lot line, if there is a front -facing garage; or no setback if there is a side - facing garage or at least 25 feet of common open space between the curb line and the lot line. (c) For all other uses (11) Arterial or collector street: 100 feet from street centerline or 50 feet frau front lot line, whichever is greater. (21) Local streets: 65 feet from street centerline or 40 feet frau front lot line, whichever is greater. (2) Rear Yard: (a) For single-family detached dwellings 15 feet from rear lot line. (b) For zero -lot -line and townhouse attached single-family dwellings (11) 10 feet frau rear lot line if no alleys or rear utility easements are provided. (21) No rear yard is required where alleys or utility easements are provided and no automobile access is allowed. (31) Where automobile access is taken: (a1) 25 foot setback where there is a rear -facing garage. (b1) No setback for a side -facing garage. (c1) No setback if there is at least 25 feet of oin open space between the alley pavement and the lot line. (c) tor all other uses: 25 feet when adjacent to residential uses or 10 feet when not adjacent to residential uses. (3) Side Yard: (a) For single-family detached 6 feet from side lot line. On corner lots, the side yard shall be 25 feet when automobile access is taken across the side yard;'the side yard shall be 15 feet when no automobile access is taken across the side yard. (b) For zero -lot -line dwellings 10 feet on one lot line and no set- back on the apposite lot line. Na accessory buildings shall be permitted within the required side yard. (c) For townhouse attached single-family dwellings no side yards are required except for corner lot conditions. On corner lots, the side yard shall be 25 feet when automobile access is taken across the side yard; the side yard shall be 15 feet when no automobile access is taken across the side yard. (d) For all other uses: 10 feet from a side lot line or 25 feet for a side yard on a corner lot. 2.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the center of the building. 2.9 Minimum Off -Street Parking: (1) For single-family detached dwellings two spaces per unit. (2) For townhouse and zero -lot -line attached single-family dwellings two spaces per dwelling unit and 1/2 visitor space provided on the lot or in cannon community open space or a combination thereof. (3) For multiple -family dwellings one and one-half spaces per dwelling unit. (4) For all other uses: see Supplementary Regulations (Section 10.6). -6- 2.10 Additional Requirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modifications of Subdivision Regulations). For zero -lot -line dwellings, a minimum maintenance easement of 3 feet shall be provided on the side yard for the adjacent lot. No portion of any building shall extend beyond lot lines or into public easements or public rights-of-way. For zero -lot -line and townhouse dwellings no windows or openings shall be allowed in a wall abutting a.property line that faces into an adjoining lot. 3.0 MDR - Medium Density Residential 3.1 Uses, by right: Single-family detached dwellings, attached single-family dwellings (either townhouses or zero lot line houses), two-family and multiple -family dwellings, and customary accessory uses including buildings for shelter or enclosure of animals or property accessory to use of the lot for residential purposes and fences, hedges, gardens, walks, and similar .landscape features; park. 3.2 Uses, conditional: Church, school, community building, day nursery, fire station, and other public uses. 3.3 Uses, special: Extraction and processing of natural resources. 3.4 Intensity of Use: A maximum of 12.0 dwelling units per gross acre. 3.5 Minimum tot Area: (1) 600 square feet for townhouse, attached single-family dwellings. (2) 2,000 square feet for zero -lot -line, attached single-family dwellings. (3) 7,500 square feet for single-family detached dwellings and two-family dwellings. (4) 9,000 ,square feet for multiple -family dwellings. 3.6 Maximum Site Coverage: (1) For single-family detached dwellings, attached single-family dwellings and two-family dwellings without cannon open area as part of the plat at time of subdivision, not.rrore than 70% of each lot shall be covered by buildings, drives arra parking areas. For single-family detached dwellings, attached single family dwellings and two-family dwellings with common open area as part of the plat at time of subdivision, not more than 80% of the platted area shall be covered bg buildings, parking areas and streets. (2) For multiple -family dwellings, not more than 75% of the platted area at the time of subdivision shall be covered by buildings, parking and private streets. (3) A lot shall not be limited to one principal structure provided: (a) The uses of each structure shall be allowed within the applicable zone district. (b) The total accumulated improvements do not exceed the maximum site coverage nor violate any other. requirements of the zone district. (c) The entire lot remains under one ownership. -8- ri 3.7 Minimum Setbacks: (1) Front Yard: (a) For single-family detached dwellings and two-family dwellings (11) Arterial or Collector Streets: no structure shall front on arterial or collector street. (21) LovAl Streets: 50 feet frau street centerline or 25 feet from lot line, whichever is greater. (b) For multiple -family dwellings (11) Arterial Streets: 100 feet from street centerline or 50 feet frau front lot lune, whichever is greater; (21) Collector Streets: 90 feet from street centerline or 50 feet frau front lot line, whichever is greater. (31) Local Streets: 50 feet frau street centerline or 25 feet frau front lot line, whichever is greater; (c) For zero -lot -line and townhouse, attached single-family dwellings 11) No lot shall front on an arterial or collector street. (21) Local streets: 25 feet from the front lot line, if there is a front -facing garage; or no setback if there is a side - facing garage or at least 25 feet of common open space between the curb line and the lot line. (d) For all other uses (11) Arterial Street: 100 feet from street centerline or 50 feet from lot line, whichever is greater. (21) Collector Sreet: 90 feet from street centerline or 50 feet from lot line, whichever is greater. (31) Local Streets: 65 feet from street centerline or 40 feet from front lot line, whichever is greater. (2) Rear Yard: (a) For single-family detached dwellings, two --family dwellings and multiple -family dwellings 15 feet frau rear lot line. 1b) For zero -lot -line and townhouse attached single-family dwellings: (1 1) 10 feet from rear lot line if no alleys or rear utility easements are provided. (21) No rear yard is required where alleys or utility easements are provided arra no automobile access is allowed. (31) Where automobile access is taken: ,.__(-a) 25 foot setback where there is a rear -facing garage. (b1) No setbacks for a side -facing garage. (c1) No setbacks if there is at least 25 feet of cazaiun .open space between the alley pavement and the lot line. (c) For all other uses: 25 feet when adjacent to residential uses or 10 feet when not adjacent to residential uses. -9- (3) Side Yard: (a) For single-family detached, two-family and multiple -family dwellings 6 feet from side lot line. On corner lots, the side yard shall be 25 feet when automobile access is taken across the side yard; the side yard shall be 15 feet when no automobile access is taken across the side yard. (b) For zero -lot -line dwellings 10 feet on one lot line and no setback on the opposite lot line. 1b accessory buildings shall be permitted within the required side yard_ (c) For townhouse attached single-family dwellings no side yards are required except for corner lot conditions. On corner lots,_ the side yard shall be 25 feet when automobile access is taken across the side yard; the side yard shall be 15 feet when no automobile access is taken•across the side yard. 3.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the center of the building. 3.9 Minimum Parking:" (1) For single-family detached dwellings two spaces per unit. (2) For two-family dwellings two spaces per dwelling unit. (3) For townhouse and zero -lot -line attached single-family dwellings two spaces per dwelling and 1/2 visitor space provided on the lot or..in_ common community open space or a combination thereof. (4) For multiple -family dwellings one and one-half spaces per dwelling unit. (5) For all other uses: see Supplementary Regulations (Section 10.6). 3.10 Additional- Requirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modifications of Subdivision Regulations). (1) For zero -lot -line dwellings, a minimum maintenance easement of 3 feet shall be provided. on the side yard for the adjacent lot.' • (2) No portion of any building shall extend beyond lot lines or into public easements or public rights-of-way. (3) For zero -lot -line and townhouse dwellings no windows or openings shall be allowed in a wall abutting a property line that faces into an adjoining lot. -10- 4.0 CAR - Central Area Residential 4.1 Uses, by right: Attached single-family dwellings (either townhouses or zero -lot -line houses),.two-family and multiple -family dwellings, and customary accessory uses including buildings for shelter or enclosure of animals or property accessory to use of the lot for residential purposes and fences, hedges, gardens, walks, and similar landscape features; park. 4.2. Uses, conditional: Church, school, canmunity building, day nursery, fire station, and other public uses. 4.3 Uses, special: Extraction and processing of natural resources. 4.4 Intensity of Use: A maximum of 20.0 dwelling units per gross acre. 4.5 Minimum rot Area: (1) 600square feet for townhouse, attached single-family dwellings. (2) 2,000 square feet for zero -lot -line, attached single-family dwellings. (3) 7,500 square feet for two-family dwellings. (4) 20,000 square feet for multiple -family dwellings. 4.6 Maximum Site Coverage: For attached single-family dwellings without common open area as part of the plat at time of subdivision, not more than 70% of each lot shall be covered by buildings and parking areas. , For attached single-family dwellings with common open area as part of the plat at time of subdivision, not more than 80% of the platted area shall be covered by buildings, parking areas and private streets. For multiple -family dwellings, nor more than.80% of the platted area at the time of subdivision shall be covered by buildings, parking and private streets.. A lot shall not be limited to one principal structure provided: (1) The uses of each structure shall be allowed within the applicable zone district. (2) The total accumulated improvements do not exceed the maximum site coverage nor violate any other requirements of the zone district. (3) The entire lot remains under one ownership. -11- 4.7 Minimum Setbacks: (1) Front Yard: (a) For multiple -family dwellings (11) Arterial Streets: 100 feet frau street centerline or 50 feet frau front lot line, whichever is greater. (21) Collector Streets: 90 feet from street centerline or 50 feet frau front lot line, whichever is greater. (31) Local Streets: 50 feet from street centerline or 25 feet frau front lot line, whichever is greater. (b) For two-family dwellings, zero -lot -line and townhouse attached single-family dwellings ' (11) No lot shall front on an arterial or collector street. (21) Local streets: 25 feet from the front lot line, if there is a front -facing garage; or na setback if there is a side-. facing garage or at least 25 feet of common open space between the curb line and the lot line. (c) For all other uses: (11) Arterial Street: 100 feet from street'centerline or 50 feet frau lot line, whichever is greater. (21) Collector Street: 90 feet frau street centerline or 50 feet frau lot line, whichever is greater. • (31) Local Streets: 65 feet from street centerline or 40 feet from front lot line, whichever is greater. (2) Rear Yard: (a) For two-family dwellings and multiple -family dwellings 15 feet frau rear lot line. (b) For zero -lot -line and townhouse attached single-family dwellings (11) 10 feet frau rear lot line if no alleys or rear utility easements are provided. (21) No rear yard is required where alleys or utility easements are provided and no automobile access is allowed. (31) Where automobile access is taken: (a1) 25 foot setback where there is a rear -facing garage. (b1) No setbacks for a side -facing garage. (c1) No setbacks if there is at least 25 feet of common open space between the alley pavement and the lot line. (c) For all other uses: 25 feet when adjacent to residential uses or 10 feet when not adjacent to residential uses. -12- (3) Side Yard: (a) For two-family and multiple -family dwellings 6 feet frau side lot line. C0 corner lots, the side yard shall be 25 feet when utomobile access is taken across the side yard; the side yard shall be 15 feet when no automobile access is taken across the the side yard. (b) For zero -lot -line dwellings 10 feet on one lot line and no setback on the opposite lot line. ND accessory buildings shall be permitted within the required side yard. (c) For townhouse attached single-family dwellings no side yards are required except for corner'lot. conditions. On corner lots, the side yard shall be 25 feet when automobile access is taken across the side yard; the side yard shall be 15 feet when no automobile access is taken across the side yard. 4.$ Maximum Building Height: 36 feet measured at the vertical to the grade at the center of the building. 4.9 Minimum Parking: (1) For two-family dwelling two spaces per dwelling unit_ (2) For zero -lot -line and townhouse attached single-family dwellings two spaces per dwelling and 1/2 visitor space provided on the lot or in common community open; spaces or a combination thereof. (3) For multiple -family dwellings one and one-half spaces per dwelling unit. (4) For all other uses: see Supplementary Regulations (Section 10.6). 4.10 Additional Requirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modifications of Subdivision Regulations). For zero -lot -line dwellings, a minimum maintenance easement of 3 feet shall be provided on the side yard for the adjacent lot. (2) No portion of any building shall extend beyond lot lines or into public easements or public rights-of-way. For zero -lot -line and townhouse dwellings no windows or openings shall be allowed in a wall abutting a property line that faces into an adjoining lot. (1) (3) 5.0 MHR - Mobile Home Residential 5.1 Uses, by right: Mobile homes, mobile bachelor dwellings*, camper parks, and cusjoa-ary accessory uses, including buildings for shelter or enclosure of animals or property accessory to use of the lot for residential purposes arra fences, hedges, gardens, walks, and similar landscape features; park. 5.2 Uses,. conditional: Church, school, community building, day nursery, fire station, and other public uses. 5.3 Uses, special: Extraction and processing of natural resources. 5.4 Intensity of Use: A maximum of 9.0 mobile home units per gross acre. 5.5 Minimum Lot Area: 3,000 square feet. 5.6 Maximum Site Coverage: For mobile homes not more than 60% of each lot shall be covered by buildings and parking areas. For mobile bachelor dwellings and camper parks, no maximum site coverage shall apply. Travel trailers, camper vehicles and/or recreational vehicles accommodated shall not exceed forty (40) feet in length and eight (8) feet in width. No more than two (2) camper vehicles shall be allowed on any one mobile home space. 5.7 Minimum Setbacks: Minimum setback requirements of the adjacent zone district regulations shall be observed on the periphery of a mobile home park. 5.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the center of the building. 5.9 Minimum Off -Street Parking: (1) Two spaces per dwelling unit. (2) For all other uses: see Supplementary Regulations (Section 10.6) 5.10 Additional Requirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modifications of Subdivision Regulations). *Mobile bachelor dwellings are defined in Section 10, Supplementary Regulations -14- 6.0 'NC - Neighborhood Comercial 6.1 Uses, by right: Retail commercial establishments not exceeding 15,000 square feet of building area for each principal use, including grocery, dry goods, hardware, bakery, liquor, drug, florist, books, and similar uses. Personal service establishments not exceeding 5,000 square feet of building area for each principal use, including barber, beauty, self-service laundry, dry cleaning, photo and art studios, travel agency, shoe repair, health spa, private clubs, indoor eating and drinking establishments (which may include liquor), banks, and similar uses. Offices for business and professional uses. Gasoline service stations with two or less service bays and without car washing facilities, which must be sited with limited vehicular access and service areas reasonably screened from public view. 6.2 Uses, conditional: Church, community unity building, day nursery and school, auditorium, public building for administration, fraternal lodge, art gallery, museum, library. 6.3 Uses, special: Extraction and processing natural resources. 6.4 Intensity of Use: See general conditions under Supplementary Regulations. 6.5 Minimum Lot Area: 7,500 s4uare feet. 6.6 Maximum Site Coverage: Not more than 80% of the platted area at the time of subdivision shallbe covered by buildings, parking areas and private streets. A minimum of 10% of the site shall be in unpaved landscape development. A lot shall not be limited to one principal structure provided: (1) The uses of each stucture shall be allowed within the applicable zone district. (2) The total accumulated improvements do not exceed the maximum site coverage nor violate any other requirements of the zone district. (3) The entire lot remains under one ownership. -15- 6.7 Minimum Setbacks: • (1) Front Yard: (a) Arterial Streets: 100 feet from street centerline or 50 feet frau front lot line, whichever is greater. (b) Collector Streets: 90 feet fr_uu street centerline or 50 feet frau front lot line, whichever is greater. (b) Local Streets: 65 feet from street centerline or 40 feet frau front lot line, Whichever is greater. (2) Rear Yard: 25 feet when adjacent to residential uses; 10 feet when not adjacent to residential use. (3) Side Yard: 10 feet frau side lot line or 25 feet for a side yard on a corner lot. 6.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the center of the building. 6.9 Minimum Off -Street Parking: (1) Retail commercial and personal service: One parking space per 200 square feet of floor area (except storage areas). (2) Office: One parking space per 300 square feet of floor area. (3) Gasoline Service Stations: Minimum of 4 spaces excluding service areas and service bays. (4) For all other uses: see Supplementary Regulations (Section 10.6). 6.10 Additional Requirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modifications of Subdivision Regulations). 7.0. OP - Office Park = f 7.1 Uses,,by right: Offices for business and professional uses; research facilities, testing laboratories, and facilities for the manufacturing fabrication, processing or assembly of products provided that such facilities are completely enclosed and provided that noise, smoke, glare, vibration, fumes, or other environmental problems which exceed normal residential conditions are confined to the user's lot. Personal service establishments including barber, beauty, self-service laundry, dry cleaning, photo and art studios, travel agency, shoe repair, health spa, private clubs, indoor eating and drinking establishments (which may include liquor), within the principal building. 7.2 Uses, conditional: Church, community building, day nursery and school; auditorium, public building for administration, fraternal lodge, art gallery, museum, library. 7.3 Uses, special: Extraction and processing of natural resources. 7.4 Intensity of Use: See general conditions under Supplementary Regulations. 7.5 Minimum Lot Area: 7,500 square feet. 7.6 Maximum Site Coverage: Not more than 80% of the platted area at the time of subdivision shall be covered by buildings, parking areas, and private streets. A minimum of 10% of the site shall be in unpaved landscape development. A lot shall not be limitedsto one principal structure provided:' (1) The uses of each structure shall be allowed within the applicable zone district. (2) The total accumulated improvements do not exceed the maximum site coverage nor violate any other requirements of the zone district. (3) The entire lot remains under one ownership. 7.7 Minimum Setbacks: (1) Eront.Yard: (a) Arterial Streets: 100 feet from street centerline or 50 feet • frcxn front lot line, whichever is greater; (b) Collector Streets: 90 feet from street centerline or 50 feet from front lot line, whichever is greater. Local Streets: 65 feet frau street centerline or 40 feet from front lot line, whichever is greater; (2) Rear Yard: 25 feet when adjacent to residential uses; 10 feet when not adjacent to residential uses. (3) Side Yard: 10 feet from side lot line or 25 feet for a side yard on a corner lot. (c) -17- 7.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the center of the building. 7.9 Minimum Off -Street parking: (1) Research facility, testing laboratory, manufacturing, fabrication, processing, or assenbly of products: one parking space per 400 square feet of floor area. (2) Office and professional uses: One parking space per 300 feet of floor area. (3) For personal service uses: one parking space per 200 square feet of floor area (except storage area). (4) For all other uses: see Supplementary Regulations (Section 10.6). 7.10 Additional Requirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Regulations) and Section 11.0 (Modifications of Subdivision Regulations). :L'-.0 BC Business Center 8.1 Uses, by right: Retail commercial establishments including grocery, dry goods, hardware, bakery, liquor, drug, florist, books, sporting goods, appliances, variety stores, department stores, automotive accessory parts, furniture, garden supply, animal feed, plant nursery outlets and similar uses. Personal service establishments, including barber, beauty, self-service laundry, dry cleaning, photo and art studios, travel agency, shoe repair, health spa, private clubs, indoor eating and drinking establishments (which may include liquor), banks and similar uses. Offices for business and professional uses. Research facilities, testing laboratories, and facilities for manufacturing, fabrication, processing or assembly of products provided that such facilities are completely enclosed and provided that noise, smoke, glare, vibration, fumes or other environmental problems which exceed normal residential conditions are confined to the user's lot. Churches, day-care centers and indoor theatres.. Recreation facilities. Gasoline service stations, car wash and automotive services, which must be sited with limited vehicular access and with service areas reasonably screened from public view., Motels, hotels, including eating and drinking establishments (which may include liquor). Multiple family dwellings when located above retail commercial, personal service or office uses. Public and semi-public uses as specified in this PUD. 8.2 Uses, conditional: Church, community building, day nursery and school, auditorium, public building for administration, fraternal lodge, art gallery, museum, library. 8.3 Uses, special: Extraction and processing of natural resources. 8.4 intensity of Use: Ecc general conditions under Supplementary Regulations. 8.5 Minimum Lot Area: 7,500 square feet. -19- 8,6 Maximum Site Coverage: Not Frore than 80% of the platted area the time of subdivision shall be covered by buildings, parking' areas, private streets. A minimum of 10% of the site shall be in unpaved landscape development. A lot shall not be limited to one principal structure provided: The uses of each structure shall be allowed within the applicable district. (2) The total accumulated improvements,do not exceed the maximum site coverage nor violate any other requirements of the zone district. (3) The entire lot remains under one ownership. 8.7 Minimum Setbacks: (1) Front Yard: (a) Arterial Streets: 100 feet from street centerline or 50 feet frau front lot line, whichever is greater. (b) Collector Streets: 90 feet from street centerline or 50 feet frau front lot line, whichever is greater. Streets: 65 feet from. street centerline or 40 feet frau lot line, whichever is greater. 25 feet when adjacent to residential uses; 10 feet when not residential uses. 10 feet fLwt side lot line or 25 feet for a (1) zone (c) Vocal front (2) Rear Yard: adjacent to (3) Side Yard: side yard on a corner lot. 8.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the center of the building. 8.9 Minimum Off -Street Parking: (1) Retail commercial and personal service: One parking space per 200 square feet of floor area (except storage area). (2) Research facility, testing laboratory, sgnufacturi- of floor area. pprocessing: One parking spaceper (3) Church or theatre: one parking space per three seats. (4) Office and professional uses: one parking space per 300 square feet of floor space. -20- s of (5) Recreation facility: Parking shall be providedon he basisrof onea parking space per each four persons using y (figured maximum capacity use period). (6) Motels and hotels: One parking space per motel or hotel unit. (7) Multiple -family dwellings: One and one-half parking space per dwelling unit. (8) Gasoline Service Stations: Minimum 8 spaces excluding service areas and service bays. (9) For all other uses: See Supplementary Regulations (Section 10.6). r 8 10 Additional Requirements: All uses subject Sectiont11�0 (Modificahe tions Section 10.0 (Supplementary Regulations) and Subdivision Regulations). ,t '5.0 PSR - Public, Semipublic, and Recreation 9.1 Uses, by right: School sites, governmental offices, police and fire stations, library, day-care centers, public and semipublic health facilities including hospitals and clinics, recreation uses, churches, community enter, neighborhood community center, water, well sites, sewage treatment facilities, water treatment arra storage facilities, and other public and private utility facilities and buildings. Community open space arnd parks, including hiking and bicycle trails, equestrian trails, intensive use playfields, picnic areas, sledding areas, swimming pools, tennis courts, natural areas, archery, skeet shooting and similar uses. Golf course with clubhouse including eating and drinking facilities (which may include liquor): equestrian center. 9.2 Uses, corr_litional: Not applicable. 9.3 USes, special: Extraction and processing of natural resources. 9.4 Intensity of Use: See general conditions under Supplementary Regulations. 9.5 Minimum Lot Area: Dbne. 9.6 Maximum Site Coverage: Not more than 80% of the platted area at the time of subdivision shall be covered by buildings, parking areas, and private streets. A minimum of 10%`of the site shall be in unpaved landscape development. A lot shall not be limited to one principal structure provided: (1) The uses of each structure shall be allowed within the applicable zone district.• (2) The total accumulated improvements do not exceed the maximum site coverage nor violate any other requirements of the zone district. (3) The entire lot remains under one ownership. 9.7 Minimum Setbacks: (1) Front Yard: (a) Arterial Streets: 75 feet frau street centerline or 25 feet from front lot line, whichever is greater. (b) Collector Streets: 65 feet from street centerline or 25 feet from front lot line, whichever is greater. (c) Local Stree s: 50 feet from street centerline or 25 feet from fLwnt lot line, whichever is greater. -22- 1 L2) Rear Yard: 25 feet when adjacent to residential uses; 10 feet when not adjacent to residential uses. Side Yard: 10 feet from side lot line or 25 feet for a side yard on a corner lot. (3) 9.8 Maximum Building Height: 36 feet measured at the vertical to the grade at the center of the building. ' 9.9 Minimum Off -Street Parking: (1) Church, auditorium and public assembly: Coe space per 3 seats. (2) Governmental offices (except auditorium arra public assembly): One space per 200 square feet of floor area (except storage area). (3) Public and private utility company facilities: One space per'200 square feet of floor area for offices and other facilities accommodating regular daily employment. A minimum of two spaces will be prodded at all other facilities. (4) Medical clinics: One space per 200 square feet. (5) hospitals: One space per 300 square feet exluding nursing care (in-patient care) areas plus one space per 2 beds. (6) For all other uses: see Supplementary Regulations (Section 10.6). 9.10 Additional Requirements: All uses shall be subject to the provisions under Section 10.0 (Supplementary Reg Lations) and Section 11.0 (Modifications to Subdivision Regulations). -23- r• 10.0 SR Supplementary Regulations Division of the subject lands into land use areas and their related development standards will be as shown on the PUD map and as outlined by the preceding development standards. To further avoid problems of interpretation, the following listed supplementary regulations are included as part of the Planned Unit Development. Where the precedingeg neral std ar or the followirj supplemental regulations do not adequately des •I •- . a - •- mn • = • 0 :43 =• rence shall be made to the officially adopted Garfield County Zoning Resolution of January 2, 1979, including the zoning amendment, adopted October 15, 1979, and to the officially adopted Garfield County Subdivision Regulations of January 2, • 1979, and anerdrments of October 15, 1979. 10.1 Land Use Types: The PUD map shows generally where within the PUD each type of use is located. The precise location of each use and the location of lots, blocks and other parcels within each area devoted to each use shall be shown as that area is hereafter subdivided and platted. 10.2 Uses Permitted: 'The principal uses for each land use area are listed as a part of the general development standards; however, any other' building, structure or use which is similar to those enumerated and not more • obnoxious or detrimental to the area in which it is located shall be permitted. Mobile bachelor dwellings and nodular bachelor dwellings shall include groupings or single living units with common restroom facilities, community recreation space and central eating facilities, in place of restroans, kitchens and larger living areas within eadz separate living unit. 10.3 Intensity of'Use: In any residential area defined on the PUD map, the net density in any given part of a subdivided area may exceed the gross density which would be permitted for the entire subdivided area so long as the entire subdivided area, including open space, is within the range of the applicable gross intensity of use set forth above in the development standards. 10.4 Setbacks: the fallowing yard requirements shall be observed in all zone districts: • Through Lots: On lots extending from one street to another paralleling street, both streets shall be considered as front streets for purposes of calculating front yard setbacks unless a solid screening fence is provided for one yard only and then the yard adjacent to the fence shall be considered as a rear or side yard. -24- Corner Lots: On residential lots bordered on two (2) contiguous sides by streets, the required front yard setback shall be observed along both streets when automobile access is taken from the side street. Two -Family Dwellings: For purposes of setback calculations, a two-family dwelling shall be construed as one building occupying one lot; Attached single-family dwellings: For purposes of setback calculations, only those attached single-family dwellings which cb not share a carrrron wall with an adjacent attached dwelling need observe the required side yard setback for the district, providing building code requirements for this type of structure are observed; Projections: Every part of a required yard shall be unobstructed from ground level to the sky except for projections of ardiitectural features as follows: cornices, sills and ornamental features - 12 inches; roof eaves - 18 inches; uncovered porches, .slabs and patios, walks, steps, fences, hedges, and walls - no restriction; fire escapes and individual balconies not used as passageways may project 18 inches into any required side yard of four (4) feet into any required front or rear yard; Accessory Building in Required Rear Yard: An accessory building may be located in a required rear yard provided not more than forty (40) percent of the rear yard area is covered. Such building shall observe a seven and one-half (7 1/2) foot setback from the rear lot line when there is not an adjacent alley. When there is an adjacent alley it shall observe a ten (10). foot wetback from lot ;dine; Fences and Screening: A fence, hedge, or wall may be located in any required yard provided no such installation shall exceed eight (8) feet in height in a required side yard or rear yard, nor shall any such structure exceed three (3) feet in height in any required front yard. Nci side yard or front yard hedge or fence is permitted on a corner lot adjacent to a street. 10.5 Maximum Building Height: For purposes of measuring the maximum building height, grade shall mean the original natural ground level or newly established elevation resulting frau compacted fill so long as any regraded area does not exceed a four -to -one slope between the ground level of any exterior building wall and adjacent lot line or property line. 10.6 Minimum Off -Street Parking: Each off-street parking space shall be not less than 8 feet wide and 18 feet long; shall be provided with vehicular access to a street or alley; shall be surfaced with gravel, asphalt, concrete or equivalent; shall be properly drained; and shall be located within convenient walking distance of the principal building or use for which the parking.space is provided. For either detached single-family dwellings or attached single-family dwellings, tandem parking spaces shall be permitted. Where an off-street parking space serves more than one use and peak times for parking are at different times of the day, such parking space may be included as part of the minimum requirements for each use. -25- c 'The following minimum parking requirements for permitted or similar (see ' Section 10.2) uses are: Churches, community buildings, fraternal lodges and auditorium: One space per 3 seats in the asseirbly space. (2) Schools, elementary and middle: One space per instructional area plus one space for each 4 seats in assembly areas (including gymnasiums). (3) High schools, colleges and universities: One space per instructional area (classroom, lab, gym) plus one space per 3 students accaniodated in the institution. (4) Community buildings: One space.per.3 seats of assembly area. (5) Athletic stadium: One space per 4 seats. (6) Recreation facilities: One space per 4 persons using the facility (figured at a maximum capacity use period). (7) Day care center: One space per classroom area and one space per 200 square feet.of office space. and a minimum of 6 spaces. (8) Police and fire stations: One space per 200 square feet excluding garage areas and a minimum of 4 spaces. (9) Library and museum: A minimum of 10 spaces plus one space per 200 square feet of office or administrative areas. k 10.7 Modifications: In general, the proposed development standards for the Battlement Mesa Planned Unit Development correspond closely to normal criteria of the Garfield. County Zoning Resolution. In some cases, The Battlement Mesa standards are more limiting, while in others typical County zoning regulations appear to be more restrictive. Wherever this last situation exists, the added flexibility of development with the PUD permits desirable variety and in some situations essential economies of construction and maintenance. Throughout the Planned Unit Development program, special attention will be given to bordering private properties so that their values as established by existing Garfield County zoning standards will be maintained. In line with Garfield County zoning requirements that no portion of a PUD shall be used or occupied, otherwise than as was permitted immediately prior to the approval of rezoning as a • PUD, until a subdivision plat for said portion is approved by the Board of County Commissioners of Garfield County, Battlement Mesa, Inc., recognizes the need to design and construct each phase according to all reasonable public interest. 10.8 Attached Single --Family Dwellings (Zero -Lot -Line and ¶bwnhouse) Definition: An attached single-family dwelling is a single-family dwelling that may share one or two omron side building walls with an adjacent similar dwelling or dwellings and extend from the lowest to the highest point of the building between said crDn side walls. (1) -26- ' (1) A zero -lot --line single-family dwelling shall occupy a lot and must have one side yard of at least 10 feet opposite any wall located on a side lot line. (2) A townhouse.single-family dwelling shall occupy a lot and need not have any side yard setback except for those special conditions defined within the zoning district. 10.9 Additional Restrictions: Battlement Mesa, Inc. reserves the right to make the use or occupancy of any particular area more restrictive than this PUD would permit, by provisions cn the subdivision plat, restrictive covenants, or provisions in the deeds. 11.0 Modifications of Subdivision Regulations The Planned Unit Development will conform to the Subdivision Regulations of Garfield County, Colorado, adopted January 2, 1979, except as noted below or otherwise provided in this application and except as may be permitted by the Board of County Commissioners at the time of subdividing. The specific modifications set forth below are requested to better allow the developer to fulfill the previously stated purposes and objectives of this PUD. 11.1 Street Pattern (Sub. Reg. 5.02.01): The street patterns will be designed to continue to provide access to adjacent lands not included in the PUD whidh presently have access through a public dedicated right-of-way. Adjacent privately owned land which does not presently have access off a public dedicated right-of-way through the area of the PUD will be provided appropriate access. Adjacent land in public ownership which presently does not have access off a public dedicated right-of-way through the area of the PUD will betprovided appropriate access. Adjacent land in public ownership whidz presently does not have access off a public dedicated right-of-way through the area of the PUD will be provided access at the time of platting at the request of'the public agency controlling the land. Dead-end streets may be designed with a cul -ode -sac head that meets the functional requirements of vehicular turning radii and snow storage; this design may vary from the 90 foot turnaround. Residential lots bordering arterial streets may be sided against the street as long as access to the lot is not from the arterial streets. 11.2 Private Streets (Sub. Reg. 5.02.02): Private streets may be used in areas within the PUD where through traffic is not desired and where pavement widths can be narrower than those required on public streets. In such cases, roadway widths of 20 to 24 feet may be used where the design considers traffic volumes, satisfactory off-street parking arrangements, planned snow storage areas, adequate sight distances, reasonable gradients and turnarounds adequate far emergency vehicles. Furthermore in such cases for commercial, retail and office uses, setbacks of 15 to 25 feet may be used far front and side yards where the design considers the factors noted for roadway widths. At time of platting, the design, construction standards, maintenance responsibility and policing arrangements.will be presented. A .. , .%' 5.02, 03) : Public street widths proposed in the t.i.3 Street Widths (Sub. - traffic volume, parking arrangements POD will be determined by projected e range of requirements is and other factors at the time of platting. proposed to be as follows: Range of Dedicated Range of Right-of-i�Iay Width Dadway Width Street Type Arterial 80 - 100 feet f0 - 80 feet Collector Neighborhood or Local 40 - 60 feet 40 •- 72 feet 36 - 44 feet 24 - 36 feet Site Distances (Sub. Reg. 5.0.04): Grades, curves, and 11.4 Grgdts, Ctrand nee,ad ere to County standar•s except that variances may beegrrequeessted at the time of bueat wi platting for neighborhood, local, or other low d volume traffic streets. acent Slopes (Sub.- Reg. 5.02.05): Cut-and=fill slopes 11.5 are prea proposed ed to to Adj end with t natural � r and may extend outside r s� - � revegetation requirements a public dedicated street rights-of-way providing are met. Gutter (Sub. ,Reg. 5.02.06): Sidewalk locations will be 11.6 Sidewalks, Curb and utat at t e time of subdividing and will be sited so 1n accordance with t - p as to optimize pedestrian routes through open space to residential, educational and community facilities. Curb and gutter will be placed where necessary to direct storm -drainage and where it would add tri ease � � drainage �can be handled e maintenance. byre a rural ditch swales, Character is desired seliminated. curb and gutter may gam_ Reg. 5.02.07).: Roadways will conform in construction 11.7 Roadways ( requirements. Design of road - specifications, other than wid�licocro�m to inverted center pitch way surface may vary from par depending upon strap drainage requirements of various'areas of the PUD. 11.8 Streets Names and Signs (Sub. Reg. 5.02.08): Street signs will conform to a uniform system of signs and gr • a.cs designed for the total PUD area. 11.9 Minimum Standards for Zero -Lot -Lines a -Too hoUS Projects: standards must zero- ot- zne and t• .• se prod be observed for either public or private streets: (1) A minimum of 20 feet of access drive and fire lane must be provided. (2) A minimum of 3eadjacentoorrsidewalks idee aiksdon oi.veach side of an access drive must be provided A minimum of 20 feet mast be provided adjacent to one side of the access drive for utility easements which may incorporate the side- walks area. (3) -29- EXHIBIT PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT OPERATOR SITE INFORMATION LOCATION EXISTING ZONING BOCC 12/14/09 KE Special Use Permits for "Extraction and Processing of Natural Resources" in Battlement Mesa PUD for two pads identified as GV 82-5 and PA 41-9 AND Small Temporary Employee Housing requested on GV 82-5 Battlement Mesa Land Investment Partners Williams Production RMT Company 1,249 -acre parcel within the Battlement Mesa PUD (3,200 -acres) GV 82-5 S/2 Section 5 T7R95W PA 41-9 NE/4 Section 9 T7R95W Planned Unit Development GV 82-5 — Community Open Space PA 41-9 — Rural Density Residential DRILL SITES PLAN GV 82-5 1141010 .11Oplei .11M 1-9 161!117 in 00 57 1: Battlement nom. ()Proposed Pad Site Battlement Mesa E\HIBIT B— E.A\O\ - t3-kkLi 1 - Williams Production RMT Company / Battlement Mesa Natural Gas Extraction BOCC —12/14/09 Page 2 ti :A' 82-5 Drill Layout —0. I I. REQUEST The Applicant requests approval of Special Use Permits for "Extraction and Processing of Natural Resources" for natural gas extraction at two sites within the Battlement Mesa Planned Unit Development. This review is required pursuant to Resolution 82- 121. Specifically, the Applicant is requesting review, approval and issuance of Special Use Permits for two well pads, GV 82-5 and PA 41-9. Separate applications have been submitted for each site, however this single staff report contains a comprehensive review of activity at both sites. GV 82-5 This well pad is located in the northern area of the PUD as indicated on the map below. The site sits below County Road 309 (Rulison-Parachute Road) adjacent to the Colorado River. The 14th and 15th fairways of the Battlement Mesa Golf Course are located south of the site, however at a higher elevation. The top of the derrick is visible from the golf course as shown above. 4- ,,.,emse6.al.n,ca(Mes. Battlement Mem. BMWn.nf Mes f3.flfe~in f M 80Rlem f M � j 8 � y a'BaMweentYw Sixteen additional wells have been approved by the COGCC for drilling, and the site has six (6) existing wells (four (4) of which were drilled in early 2008 by Williams). Temporary Employee Housing for four (4) on-site employees/contractors is also proposed. The anticipated timeframe for drilling and completion for the 16 wells is September 2009 to March 2010. 2 Williams Production RMT Company / Battlement Mesa Natural Gas Extraction BOCC —12/14/09 Page 3 PA 41-9 Located on County Road 301 the PA 41-9 well pad is in the northeastern portion of the PUD which is somewhat separated from the currently developed areas within Battlement Mesa. This site contains two wells (as shown below), one drilled in 1999 and the other drilled in 2006. Drilling and completion are no longer active on the site and the wells are in production. Production equipment on the site includes piping from the well heads to the separators; dehydrators; and above ground condensate and produced water tanks. Williams is seeking retroactive approval for Extraction and Processing at this site, but has no plans at this time to drill additional wells at this location. I1. BACKGROUND / HISTORY (SURFACE) h. hit) -' 15; TIVIIILOSIST WIZ DISTRICT OW 6 control ..... IfsIdentla1 M. tel SeEineeT 00.10.1" ( en me 3.8 The Battlement Mesa Planned Unit Development was initially approved by the Board of County Commissioners in 1975, but the basic guidelines and zone districts were established by a PUD modification in 1981, Resolution 82-121, which contained the PUD zoning restrictions for the 3,200 acre area. The zoning restrictions included locating permitted uses and "special uses" within the PUD area. The restrictions provided for a variety of residential densities and commercial areas to support the residents as well as related open space and recreation. 3 Williams Production RMT Company / Battlement Mesa Natural Gas Extraction BOCC —12/14/09 Page 4 Extraction and processing were listed as "special uses" within all zones of the PUD. Although there have been amendments to the PUD since 1982, extraction and processing remain "special uses" in all zone districts within the PUD. Today Battlement Mesa exists as a comprehensively planned community which includes residential areas ranging from low density to mobile home park density, commercial development to support community needs, and a significant recreational and open space component. The community continues to develop and currently includes a variety of residential communities, a championship 18 -hole golf course and clubhouse, a recreation center, and City Market Plaza which contains retail establishments, a grocery store and the Battlement Mesa Medical Center. III. BACKGROUND / HISTORY (SUB-SURFACE/MINERALS) Exxon was one of the original owners of both the surface and sub -surface of lands in and around Battlement Mesa. Exxon transferred its interest in the surface land to Battlement Mesa Inc., a Delaware Corporation in 1981, reserving the oil, gas and other minerals it owned. Battlement Mesa Inc. conveyed its interest to Battlement Mesa Partners, a Colorado general partnership, in December 1989, which deed included as proof of ownership in the applications. Prior to that conveyance, Battlement Mesa Partners and Exxon signed a letter agreement dated December 12, 1989 concerning the development of oil and gas (the "Exxon Agreement") and identifying specific drillsite locations. In 1990, Battlement Mesa Partners and Battlement Mesa Realty Partners entered into a Surface Use Agreement with Williams' predecessor in interest, Barrett Resources Corporation (the "Barrett SUA"). Exxon entered into oil and gas lease agreements with Barrett Resources Corporation in 1991.Battlement Mesa Land Investment, LLC is listed as the current surface owner in the application. The first well to be drilled on the GV 82-5 well pad was permitted by the Colorado Oil and Gas Conservation Commission (COGCC) in October of 1990. Barrett Resources Corporation was the operator. Williams Production RMT (Williams) was successor to Barrett Resources and subsequent plans to drill additional wells on GV 82-5 were agreed upon in a Surface Use Agreement with Battlement Mesa Partners, LLC, as surface owner, effective October 16, 2007 (with amendments)(the "Williams SUA"). The Williams SUA is specific to the 21 wells on GV 82-5, however the parties included provisions requiring compliance with the Exxon Agreement and the Barrett SUA including restrictions within the area of Battlement Mesa (the area of inclusion was defined in the agreement and may not be consistent with the boundaries of the PUD). Barrett Resources drilled a second well on the site in 1994. Williams drilled four (4) wells on GV 82-5 in early 2008. None of these extraction activities obtained special use permits from Garfield County resulting in the Garfield County Code Enforcement Officer issuing a Notice of Anticipated Enforcement (NOAE) on August 7, 2009. The NOAE was issued to Williams Production RMT Company, as the mineral lessee/operator, and Battlement Mesa Land Investments, as the surface owner, for Extraction and 4 Williams Production RMT Company / Battlement Mesa Natural Gas Extraction BOCC —12/14/09 Page 5 Processing on two natural gas well pads, GV 82-5 and PA 41-9, located in the Battlement Mesa PUD. That action resulted in a "Takings Hearing" with the Board of County Commissioner on August 17, 2009. At that tirne the BOCC directed Williams to obtain required County land use permits for the activity. The Board stated that the activity could continue during the review process, as long as Williams met several deadlines, including a requirement for issuance of permits prior to January 1, 2010. The drilling of the 16 additional wells on the site is ongoing. IV. GENERAL DESCRIPTION — EXTRACTION OF NATURAL GAS Natural gas extraction occurs in several distinct phases, each utilizing specific equipment and processes thereby resulting in different impacts, issues and mitigation measures over the life of the activity. Prior to applying code requirement and standards to the applications it was necessary to understand the operations in order to determine the potential impacts of each phase of the process. Williams provided detailed descriptions of the operations to educate staff in the extraction process. A synopsis of that information is outlined below: A. DRILLING Drilling operations consist of a drill rig along with necessary material and equipment including drilling mud tanks, electrical generators, generator diesel fuel tank, bulk storage tanks and fire protection water tanks. A dlrill bit bores through the earth to a depth thousands of feet below the surface to reach the geologic strata containing the natural gas. In this area the typical depth is 7,000 to 10,000 with drilling taking up to 15 days to reach that depth. The drill bit displaces the rock and soil (drill cuttings) which are then brought to the surface by circulating drilling mud into the well bore. Drilling mud consists of a combination of fresh water, biodegradable polymer soap, bentonite clay and non-toxic additives. The cuttings are transported to the surface through a process of hydrostatically counteracting well bore pressure. 5 Williams Production RMT Company / Battlement Mesa Natural Gas Extraction BOCC —12/14/09 Page 6 The drilling mud brought back to the surface is then processed via screening and settling of cutting materials and re -used in the drilling process. The drill cuttings are tested for contaminants and if the cuttings meet certain COGCC standards they are transported for storage in an on-site 'cuttings' pit or trench (if standards are not met the cuttings are required to be disposed of off-site). The cuttings pit on GV 82-5 is Tined with a synthetic material. Each well may produce up to 500 cubic yards of cuttings, resulting in as much as 8,000 cy of material. The pit is not Targe enough to hold all of this material so Williams has been removing some of the the cuttings from the site. Produced crude oil and / or condensate may also be brought to the surface during the drilling process, if so it is transported to and stored in on-site tanks. All wells on the GV 82-5 pad will be drilled using directional drilling technology with maximum horizontal distances of 3,000 feet. This drilling method requires special tools that transmit magnetic and spatial data to the surface from inside of the bore. That data is used to calculate the wellbore path and position at any given point. The increase of the angle of the drilling is no more than 3.5 degrees per 100 foot of depth, yet over the course of several hundred feet the wellbore can achieve the targeted location. The end result is to reverse the process and decrease the angle so that the wellbore is brought to a vertical position where the wellbores will remain through the production interval. B. COMPLETION Completion operations are those processes that are applied to the well bore after drilling has finished. These operations include running casing, perforating the casing and fracture stimulation (fraccing). These steps maximize the production of hydrocarbons from the well. Wikipedia defines hydrocarbons as an organic 6 Williams Production RMT Company / Battlement Mesa Natural Gas Extraction BOCC —12/14/09 Page 7 compound, the majority of which are found naturally occurring in crude oil. Wikipedia also states that hydrocarbons can be gpses (e.g. methane and propane), liquids (e.g. hexane and benzene), waxes or low melting solids (e.g. paraffin wax and naphthalene) or polymers (e.g. polyethylene, polypropylene and polystyrene). Steel casing is installed to provide structural integrity to the well. The casing is then perforated (blasted by charges) in zones to provide access to natural gas formations. A perforating "gun" is lowered to an appropriate depth and then armed with explosive charges that cause 3/8" holes in the steel casing. Those fractures may extend into the rock by as much as two to three feet. Plugs are then set to isolate the zone and plugs are set in the wellbore which is then ready for fraccing. Fracture stimulation (fraccing) is a process that increases production of oil, gas and other fluids from the rock formation next to the well bore. This process commences once the steel casing is perforated and isolation plugs set, when a water and proppant (sand) mixture is pumped into the well at high pressure. The high rate and pressure used for the water flow results in this mixture flowing into the rock intervals caused by the perforations. Natural gas is found within these rock intervals so when the water "produces back" to the surface the sand material is left behind to keep the small fracture open and the gas flows through it. The produced water can then be recycled and used again, trucked to evaporation ponds or treatment facilities, or injected into wells that no longer produce gas. Condensate produced would be stored on-site and sold. The fraccing process requires approximately source for which is recycled produced water This process requires a substantial area for produced water tanks, all of which is typically Typical Frac Treatment Components by ':w Total Volu,ra 504,000 gallons of water per well, the from Williams wells around the valley. pumping equipment, sand trucks and kept on-site of the well pad. Given the reduced area for the GV 82-5 well pad Williams proposes to use an off-site location to conduct this process, pumping the frac fluid to the site via pipelines that will flow 1,600 feet west from the GV 64-5 well pad. Two high- strength steel 4.5 inch diameter pipes will convey the water and proppant to the site. Water (95.57%) Sand � 3 994u) Acid if (0 32%p 1 'Other (0 23°, } Once fraccing is complete in a particular zone, a mobile service rig is used to drill out the plugs, clean out the wellbore, and install the production tubing that transports the natural gas and other fluids to the surface. 7 Williams Production RMT Company / Battlement Mesa Natural Gas Extraction BOCC —12/14/09 Page 8 This process continues - perforating, plugging and fraccing — in numerous zones that may exist in that particular well. The chemicals included in the fraccing fluid are listed in the submittal documentation in Section 3. Narrative of Project. COGCC has rules regarding the inventory of chemicals by well site for both storage and downhole use. Completion operations are expected to average 35 days per 4 wells, which includes all of the time to frac each zone, drill out the plugs and install the production tubing. C. PRODUCTION Equipment used in this phase of the operation includes piping from the well heads to the separator; three-phase separators, dehydrator, above ground condensate and produced water tanks, meters and cathodic protection equipment. The PA 41-9 site is currently in this stage of the process. The design and installation of these facilities are used to : 1) Separate well stream fluids into manageable product such as gas, condensate and water. Each well is individually managed for accountability; 2) Delivery of the product — natural gas to a pipeline, condensate to a pipeline or truck for later sale, water to a pipeline or truck for recycling or transportation to a treatment facility; 3) Meter the volume of gas and condensate from each well/lease to assure mineral interest owners receive correct value for the products. Once the well is in the production phase it is monitored remotely by transmitting the data from each well to a computer system at Williams Parachute offices allowing for review and control of the wells. Minimal on-site activities are necessary at this stage but do include on-site inspections and hauling off of condensate and water from the tanks. Additional Technology Williams will utilize a technology known as SIMOPS which allows for simultaneous operations of drilling and completion on GV 82-5. This technology will shorten the length of time due to a process that allows for completion of the first set of drilled wells while the second set of wells are drilled. This process continues through drilling and completion of all wells. V. AUTHORITY/APPLICABILITY/PROCESS This review utilizes the standards contained in the regulations in effect at the time of PUD approval for the Battlement Mesa PUD specifically the Zoning Resolution of 1979, as was amended by Resolution 79-132, as required by the PUD guide approved in Resolutions 82-121. The process is that of a Major Impact Review as 8 Williams Production RMT Company / Battlement Mesa Natural Gas Extraction BOCC —12/14/09 Page 9 defined within the ULUR of 2008, as amended, which requires a public hearing by both the Planning Commission and the Board of County Commissioners. The `subject site' for public notice purposes is identified as Tax Parcel #2407-081-00- 152, a parcel of land which encompasses 1,248.873 acres within the PUD boundaries VI. REVIEW AGENCY AND PUBLIC COMMENTS Request for review and comments have been sent to the following agencies, comments received are integrated throughout this memorandum as applicable. Town of Parachute: No comment rece -s &11 Ge *--/-yod41/671 c . - ement Mesa Service District- ►• comment received C. :a' e - ' esa ark and Recreation District: No comment received D. Grand Valley Fire Protection District: No comment received E. School District 16: No comment received F. Colorado Division of Wildlife: No comment received G. Colorado Department of Public Health & Environment: No comment received H. Colorado Division of Water Resources: No comment received I. Oil & Gas Liaison: No comments, but provided COGCC information to staff J. Garfield County Vegetation Management: EXHIBITS 0 and Q K. County Road and Bridge Department: EXHIBIT M L. County Sheriff: EXHIBIT L M. Environmental Health Manager: EXHIBIT S N. Bureau of Land Management: No comment received VII. OTHER RESTRICTIONS/REQUIREMENTS AND PERMITS In addition to the Special Use Permit requirement for land use activity in the Battlement Mesa PUD, various State and local authorities have permit/plan requirements related to the proposed activity as listed below. The Surface Use Agreement, a private contractual obligation, also contains restrictions related to the use: A. Colorado Oil and Gas Conservation Commission (COGCC), Department of Natural Resources State of Colorado — Well Permits; B. Garfield County Temporary Employee Housing Permit, including ISDS and Building Permits (for GV 82-5 only); C. Garfield County Road and Bridge Driveway Permit; D. State of Colorado Department of Public Health and Environment — Stormwater Management, Air Emission Permits E. Surface Use Agreement(s) (SUA) — It is critical to note that several Surface Use Agreements exist — some of which are applicable to the Battlement Mesa area, and others that may be specific to certain well pad sites: 1. Exxon — Agreement effective 12-12-89 and is applicable to surface lands in "Battlement Mesa". The definition of Battlement Mesa does not necessarily include all of the PUD. 2. Barrett SUA effective 8-6-90. This agreement specifically includes the Exxon Agreement and other restrictions/modifications to be applicable to all surface 9 Williams Production RMT Company / Battlement Mesa Natural Gas Extraction BOCC —12/14/09 Page 10 lands in "Battlement Mesa". 3. Williams SUA effective 10-16-2007. This SUA is specific to Well Pad GV 82- 5, however it also specifically incorporated the Exxon Agreement and the Barrett SUA into this SUA (except for modifications agreed to by all parties). VIII. BATTLEMENT MESA PLANNED UNIT DEVELOPMENT GUIDELINES The regulatory document for land use activity within the Battlement Mesa PUD zone district is attached as Exhibit B to Resolution 82-121. That document contains use, density, and development standards applicable to specific sub districts, and is to be used in conjunction with the map of the PUD which indicates the location of the sub district `zones'. The GV 82-5 well pad is located within the Public, Semi -Public and Recreation Zone, identified specifically as Community Open Space and the PA 41-9 well pad is located within the Rural Density Residential zone. Both of these districts identify "Extraction and Processing of Natural Resources" as special uses. Section 10 of the PUD states that when standards are not included reference shall be made to "the officially adopted Garfield County Zoning Resolution of January 2, 1979, including the zoning amended, adopted October 15 1979..." These documents provide the review criteria necessary to issue "Special Use Permits" within the PUD. It is important to note that the process being utilized is codified in the Unified Land Use Resolution of 2008, as amended. IX. SURFACE USE AGREEMENT(S) Williams is the current lessee of mineral rights underlying Battlement Mesa, with Barrett Resources as predecessor to those rights and Exxon as the lessor. The Williams SUA contains provisions specific to well pad GV 82-5, as well as agreeing to the terms of the Exxon Agreement and the Barrett SUA (unless expressly amended to exclude provisions within those agreements). The PA 41-9 site is subject only to the Exxon Agreement and the Barrett SUA. The Barrett SUA stated that "the drilling and operation of gas and/or oil wells within Battlement Mesa will need to be accomplished in a carefully considered manner to preserve the aesthetics of the community and preserve the quality of the use and enjoyment of the property of the Surface Owners and by residents of the community." A sampling of the restrictions in the documents includes (for an inclusive list of SUA restrictions, refer to section 4.1 of GV 82-5 submittal): A. SUA term of 33 years, plus as long as production remains in commercial quantities; B. Operator to provide surface owners with a copy of all applications for Special Use Permits for operations within Battlement Mesa or within one-half mile of the boundary thereof, when such applications are filled in Garfield County; C. Drilling dates on well pad GV 82-5 may occur any time prior to September, 2009 with drilling to be completed by March, 2010; D. Drilling operations restricted to the months of October through March for any wells located within 2,000 feet of an existing occupied residence; 10 Williams Production RMT Company / Battlement Mesa Natural Gas Extraction BOCC —12/14/09 Page 11 E. Well pad size is restricted to 200' x 300' (1.377 acres) during drilling, completion and production and said site to bereduced to 1 acre upon completion of drilling; F. Pipelines are to be buried at least forty-eight inches (48") underground; G. Well locations and areas specifically prohibited from extraction activity; H. Drilling prohibition within two hundred (200) feet of an existing structure; I. Use of public and private roads within Battlement Mesa may be subject to regulation including load limits, frequency of use and time of use; J. No compression stations are permitted; K. Pipelines must be located within open space or public dedicated easements; L. All operating wells must have chain link fences and locked gates. X. REVIEW CRITERIA The following information is provided regarding the various restrictions and standards for Extraction and Processing within Battlement Mesa. These restrictions differ for the two well pads under consideration, however each site will be commented upon individually regarding required compliance and/or mitigation to a particular standard. Garfield County Zoning Resolution of 1979 and Amendment 79-132 5.03 Conditional and Special Uses As listed under the Zone District Regulations, conditional and special uses shall conform to all requirements listed thereunder and elsewhere in this Resolution plus the following requirements: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Environmental Health Officer and the Colorado State Department of Health shall either be in place or shall be constructed in conjunction with the proposed use; Staff Response GV 82-5: Potable water will be brought to the site by Down Valley Septic in sufficient supply to serve the well pad and the temporary employee housing units. The water will be purchased from the Town of Silt and stored in above ground tanks on the well pad. Sanitation will be in the form of porta-potties for the well pad and vault and haul for the temporary employee housing units. A septic permit has been submitted for the vault and haul and disposal will occur at the Silt Wastewater Treatment Facility. Water necessary for both fire protection and for use in the drilling process will be diverted from the Colorado River in the amount of 16.57 acre-feet. The water is considered "free river water" meaning that the basin is not over -appropriated so use of the water is permitted as long as there is not an administrative river call. If a call would occur the Applicant has a Colorado River Water Conservancy District (CRWCD) contract that will release sufficient supply to allow ongoing use. 11 Williams Production RMT Company / Battlement Mesa Natural Gas Extraction BOCC —12/14/09 Page 12 Frac water demand is estimated to be 24.75 acre -fee and will be provided from "water obtained or produced from natural gas well pads". Water is not required for the production process, and there are no permanent on-site employees in this phase which would require potable water. However water is produced during this phase and stored in on-site tanks. Trucks retrieve this water on a regular basis and transport it for recycled use or to a treatment facility. Staff Response PA 41-9: This site is currently in the production stage and therefore water will not be necessary for on-site use. Water will be produced and, as stated above, stored on- site for later transport. It appears that adequate utilities to provide water and sanitation to both GV 82-5 and PA 41-9 are in place or will be available when needed. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; Staff Response GV 82-5: Project generated traffic will fluctuate depending upon the phase of operation. Focus is placed on the drilling and completion activities since it is those timeframes that typically result in significant traffic volume: Drilling: The application states that the anticipated site generated traffic, during drilling operations, will be 17 trips per day. This number is fairly low due to the fact that water necessary for the drilling operations is available on-site from the Colorado River. The caveat to the trip generation figure provided by Drexel, Barrell & Co. is that traffic will be significantly higher during those periods when drilling rigs are being moved. These numbers are not included in the 17 trips per day. The 17 trips per day is derived from a calculation of trips over the life of the drilling operations - 2,724 one-way trips will result over a time period of 160 days. Completion: The completion process is typically the most traffic intensive due to the necessity of large amounts of water for fraccing. The GV 82-5 site will be fracced from a remote location thereby reducing the traffic during this stage of the extraction. Completion operations will to result in 13 trips per day. Once again the trips per day are derived from an expected total generation of 2,048 trips over as additional 160 days. Haul Route The site access and haul route is County Road 309 (Rulison- 12 Williams Production RMT Company / Battlement Mesa Natural Gas Extraction BOCC —12/14/09 Page 13 Parachute Road) which connects to County Road 323 in Rulison_ This road then provides access to interstate 70, Exit 81. CR 309 is a two lane road that provides connection to Battlement Mesa via Rulison and is considered as a Garfield County Preferred Haul Route. Williams funded substantial improvements to CR 309 including re -paving the length of road (from Rulison to CR 301). Access to the GV 82-5 well pad is through an adjacent property driveway which was improved to the well pad site. COUNTY ROAR 309 IMPROVEMENTS FUNDED BY: WILLIAMS PRODUCTION RMT. CO TRUCK ROUTE Jake Mall, County Road and Bridge, responded to the application (EXHIBIT M) stating that driveway permits have been issued for the sites and that the driveway aprons should be paved. Due to the season it was acceptable that Williams demonstrate that they would pave the aprons in the 2010 season. Jake also confirmed that both locations are on a designated haul route and that all vehicles requiring oversize/overweight permits must obtain such from Road and Bridge. Williams submitted a response letter (EXHIBIT N) agreeing to the paving. The combined restrictions, prohibiting utilization of Battlement Mesa roads, use of the designated haul route, and a reduction in the overall traffic generation due to remote technology, will minimize the traffic generation from this use thereby demonstrating that the existing roadway system is adequate to provide safe and convenient access for the proposed use. Staff Response PA 41-9: Access to this site is from CR 301 (Morsianna Mesa Road) with the haul route designated limiting access to CR 301 from CR 309. (This is the same haul route that passes by the GV 82-5 well pad). This route prevents vehicles from utilizing roads within the PUD. Two wells are in production stages on This well pad, therefore minimal traffic is generated. Currently it would appear that adequate and safe access is possible from the existing roadway system. An amendment would be required if future, 13 Williams Production RMT Company / Battlement Mesa Natural Gas Extraction BOCC —12/14/09 Page 14 additional, wells would be proposed on this site. (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized area, access points, lighting and signs in such a manner as to protect established neighborhood character; Staff Comment GV 82-5 Several measures have been implemented that minimize the impact on adjacent land, to the extent possible. The limit on well pad size to 200' x 300', the off-site fraccing, and utilization of a designated haul route all minimize the impact to adjacent properties. The location of the site sits significantly below the golf course screening visibility. The top of the derrick is visible from the golf course, no mitigation is possible. The extraction and completion processes are anticipated to be done in March, 2009 therefore the derrick will be removed prior to or concurrent with the golf season. The site is screened from the roadway by existing vegetation. Staff Comment PA 41-9 The well pad appears to have been reclaimed to a certain extent, primarily with grasses. The two wells and production equipment that exist on the site are not screened but the equipment is painted so that it blends with the site vegetation. The Applicant has minimized some of the impacts from GV 82-5 and PA 41-9. The remaining impacts cannot be mitigated - such as the visibility of the derrick due its height or due to for safety issues (related to the necessity of lighting). Additional specific requirements and prerequisites for certain uses are as follows: 5.03.07 Industrial Operations: Industrial Operations, including extraction, processing, fabrication, industrial support facilities, water impoundments, mineral waste disposal, storage sanitary land -fill, salvage yard, access routes and utility lines, shall be permitted, provided: (1) The applicant for a permit for industrial operations shall prepare and submit to the Planning Director two (2) copies of an impact statement on the proposed use prescribing its location, scope, design and construction schedule, including an explanation of its operational characteristics. One (1) copy of the impact statement shall be filed with the County Commissioners by the Planning Director. The County Commissioners shall review the impact statement to determine whether the proposed industrial operation complies with the requirements of this Section and shall notify the Planning Director of its decision in this regard, in writing, within thirty 14 Williams Production RMT Company / Battlement Mesa Natural Gas Extraction BOCC —12/14/09 Page 15 (30) days from the date on which the impact statement is field with the Planning Director. The impact statement shall show that the use shall be designed an operated in compliance with all applicable laws and regulations of the County, State and Federal Governments, and will not have a significant adverse effect upon: (a) Existing lawful use of water through depletion or pollution of surface run-off, stream flow or ground water; Staff Comment GV 82-5 This standard requires demonstration that water resources are adequately protected from pollution. The Applicant has submitted several documents related to this standard: Spill Prevention and Control Countermeasures The Parachute Integrated Spill Prevention and Control Countermeasures (SPCC) plan is in effect for Williams operations and includes specific information regarding GV 82-5. The plan states that the potential volume capacity at this site is 37,800 gallons and that: This pad consists of one condensate tank, two produced water tanks, five gaud separators, and one dual separator, all of which are located on the west side. Nabors 577 is on location. The site is adjacent to the Colorado River. The SPCC provides guidance on action that must be performed to assure compliance with the Plan. Those actions include annual site inspections, preventative maintenance of equipment, secondary containment systems, discharge prevention systems, employee training, reporting requirements for spills, review of the plan once every 5 years, and amendment to the plan when there is a change in the facility. Protective measures include secondary containment structures (oil, produced water/oil mixtures, storage tanks and separators) in the form of both earthen berm and lined walled structures. The adjacent layout diagram is provided which indicates location and function of tanks on-site and flow of drainage across the site. 15 drilh. pi Cwormenr lens ARI Aad 1. MCC razilip. rut Pls. Wi110+ I.r�� PrvJ ion Nlfl !//� tem IliNtea eve F Pwfb___' 9e"'.+. .P,. Williams Production RMT Company / Battlement Mesa Natural Gas Extraction BOCC — 12/14/09 Page 16 The submittal documents also include a Spill Prevention and Response Plan. Stormwater Management plan A Construction Field Wide Stormwater Management Plan, prepared by Habitat Management, Inc. lists controls such as Best Management Practices for Stormwater Pollution Prevention and Erosion and Sediment Control, as well as material handling and spill prevention. General information regarding requirements are included in the plan which then includes information specific to GV 82-5. The site specific plan contains information unique to the site such as the area of disturbance (2.77 acres), soil types (Wann Sandy Loam and Potts-Oldefonso), vegetation (riparian woodland). A map is also included which shows location of berms and placement of straw bale barriers. This map is used in site inspections to assure protective measure remain in place. Staff Comment PA 41-9 The same plans and permits, identified above, are applicable to this site and include specific measures for PA 41-9. (b) Use of adjacent land through generation of vapor, dust, smoke, noise, glare or vibration, or other emanations; Staff Comment GV 82-5 A Fugitive Dust Plan is in place to prevent visible emissions from exceeding opacity regulations, prevent public nuisance, and in general to prevent dust from leaving the site. Measures include watering and/or application of chemical suppressants on unpaved roads and disturbed surface areas. A Vibration Study was provided which calculated vibrations at a distance of fifty feet (50), one -hundred fifty feet (150') and at two -hundred fifty feet (250) from the well head. The study includes many calculations and graphs, but does not contain a summary of the findings. Therefore it is not possible to state, at this time, that site vibrations will not impact adjacent properties. Staff Comment PA 41-9 Due to the process of piping the extracted rnatenals the site does not currently emit vapor, smoke, noise, glare or vibration, or other emanations. Dust control is the only potential issue and only relative to the road access. The paving of the apron onto CR 301 may help, but necessity for dust suppression measures on the access road should be closely monitored. (c) Wildlife and domestic animals through creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions; 16 Williams Production RMT Company / Battlement Mesa Natural Gas Extraction BOCC —12/14/09 Page 17 Staff Comment GV 82-5 Williams has a field wide level list of Best Management Practices (BMP) related to wildlife mitigation along with site specific BMP's for GV 82-5. The BMP's are adequate to mitigate impacts to wildlife and it appears that application of some of the BMP's have occurred. Those would include the use of centralized fraccing, combining roads and utilities to minimize disturbance, utilizing directional drilling to decease area of disturbance, etc. The general goal is to minimize surface disturbance and prevent spills in order to preserve habitat. Staff Comment PA 41-9 Again, the intent in the plan is to minimize surface disturbance and prevent spills to preserve habitat. (2) Truck and automobile traffic to and from such uses shall not create hazards or nuisance to areas elsewhere in the County; Preferred . oi:ny Road Haul Rodtes, Garfield County. Colcrado N s,.,.... nr,+we.d /N/ PrHerndNde4<..^r /'S% Oct.- Carey Ford. VOT.1 PR1FFABFD w4U1.ROWE �-' Urn a• Froo•J Staff Comment GV 82-5 The site access is limited to a specified haul route, compliant with county referred haul routes. Access to the site is from the 1-70 Rulison Exist via CR 323 and CR 309. 17 Williams Production RMT Company / Battlement Mesa Natural Gas Extraction BOCC —12/14/09 Page 18 Staff Comment PA 41-9 The site access to PA 41-9 is limited to a specified haul route, compliant with county referred haul routes. Access to the site is from the 1-70 Rulison Exist via CR 323, CR 309 and CR 301. (3) Sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed uses; Staff Comment GV 82-5 The Battlement Mesa Golf Course is located within 300 feet of the well pad, and the nearest home appears to be within 1,000 feet of the pad. The fact that the golf course is sited atop a ridge to the west of the site may mitigate the lineal distance of separation. The nearest home is located on the other side of the golf course fairway but from the adjacent photo it would appear to look straight out to the 135' derrick. Staff Comment PA 41-9 This site is sufficiently distant from abutting operations. property that may be damaged by (4) In the event the County Commissioners or Planning Director determine that the impact of a proposed industrial operation is such that information in addition to the impact statement or other information submitted is necessary for the informed evaluation of such impact, such additional information may be required. At—the (amended by Resolution 79-132). The County Commissioners shall then have an additional forty-five (45) days from the date of submission of such additional information within which to notify the Planning Director of their decision in respect to said impact statement; An application for permit for industrial operation shall be subject to the provisions under Section 8.01 in addition to the required impact statement. Any provisions of Section 8.01 to the contrary notwithstanding, the Building Official shall have a period of ten (10) days from notification by the County Commissioners to their decision as hereinabove provided, within which to act upon such application; (5) Permits shall be granted for those uses only with the provisions that a satisfactory rehabilitation plan for the affected land be submitted prior to commencement of such use; 18 Williams Production RMT Company / Battlement Mesa Natural Gas Extraction BOCC - 12/14/09 Page 19 (a) The plan for site rehabilitation shall be submitted to the Planning Director with the irnpact statement, and must be approved by the County Commissioners before a permit for conditional or special use will be issued; (b) The County Commissioners may require security before a permit for special or conditional use is issued, if required. The applicant shall furnish evidence of a bank commitment of credit, or bond, or certified check or other security deemed acceptable by the County Commissioners in the amount calculated by the County Commissioners to secure the execution of the site rehabilitation plan in workmanlike manner and in accordance with the specifications and construction schedule established or approved by the County Commissioners. Such commitments, bonds, or check shall be payable to and held by the County Commissioners; Staff Comment GV 82-5 There appears to be some discrepancy in the delineation of regulatory requirements. The COGCC-approved well pad reclamation plan has a designated area of 1.27 acres, however the disturbed area is 1.77 acres. There does not appear to be a reclamation plan for that area under CC)GCC purview, nor has the applicant submitted sufficient information for the County to review and approve a reclamation plan (and provide sufficient security) for that .5 -acres. The plan submitted appears satisfactory, interim reclamation will occur post -drilling and completion thereby reducing the area of disturbance for the production phase. Steve Anthony, Vegetation Manager, commented on the application (EXHIBIT Q). He had concerns that have since been addressed by the Applicant (EXHIBIT R). Staff Comment PA 41-9 Interim reclamation of this site has occurred, however comments from Steve Anthony (EXHIBIT 0) identified some concerns. The Applicant has since addressed the concerns (EXHIBIT P). (6) The Planning Director may, upon the preliminary determination that an industrial operation related solely to the extraction of oil and gas from the ground through conventional use of drilling and pumping, and the extraction of sand and gravel affecting not more than ten acres has limited impact, waive the requirement for the above-described impact statement, upon the submittal of such information as the Planning Director requires for the evaluation of the impact of such an extractive operation. If the determination is later made that additional information is required, subsection (4) of this section shall apply. (added by Resolution 79-132) Staff Comment GV 82-5 Waiver was not requested. 19 Williams Production RMT Company / Battlement Mesa Natural Gas Extraction BOCC —12/14/09 Page 20 Staff Comment PA 41-9 Waiver was not requested. 5.03.08 Industrial Performance Standards: All industrial operations in Garfield County shall comply with applicable County, State, and Federal regulation regulating water, air and noise pollution and shall not be conducted in a manner constituting a public nuisance or hazard. Operations shall be conducted in such a manner as to minimize heat, dust, smoke, vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the property in which such uses are located, in accord with the following standards: (1) Volume of the sound generated: every use shall be so operated that the volume of sound inherently and recurrently generated does not exceed ninety (90) decibels, with a maximum increase of five (5) decibels permitted for a maximum of fifteen (15) minutes in any one hour, at any point of any boundary line of the property on which the use is located. Staff Comment GV 82-5 The COGCC regulates noise related to the Oil & Gas Industry. Those regulations provide maximum noise levels based upon the use of the adjacent property (with higher noise levels permitted for industrial uses, lower levels for residential areas). However, the Applicant is demonstrating compliance with industrial noise levels due to a provision in the COGCC regulations that allow use of the industrial standard for "Operations involving ...use of a drilling rig, completion rig, workover rig, or stimulation..." The Zoning Resolution of 1979 permits maximum noise levels not to exceed ninety (90) decibels. Staff Comment PA 41-9 The applicant provided the following statement regarding noise at the PA 41-9 site: Production Equipment operating this fac,lits on the PA 41-9 location has minimal noise, (2) Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located; Staff Comment GV 82-5 The Applicant provided a Vibration Study however findings or conclusions were not included in the report. 20 Williams Production RMT Company / Battlement Mesa Natural Gas Extraction BOCC —12/14/09 Page 21 Staff Comment PA 41-9 The Applicant responded to this standard with the following statement: Production Equipollent operating this facility the PA. 41 9 loi iton rin:,s no produce any vibration. (3) Emissions of smoke and particulate matter: every use shall be so operated so as to comply with all Federal, State and County air quality laws, regulations and standards; Staff Comment GV 82-5 Jim Rada, Environmental Health Manager, responded to the referral request (EXHIBIT S) with several comments. In particular the concems are emissions, such as VOC's, and odors. In order to alleviate exposure concerns and potential odor issues some operators have a voluntary policy regarding installation of VOC emission controls on well pad facilities near residential areas — even when emissions are below regulated levels. The County could ask for this consideration as a condition of approval. Staff Comment PA 41-9 I assume that the above comments from Environmental Health also apply to this site. (4) Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of the adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision; Staff Comment GV 82-5 This standard appears to have been met. The Applicant has stated that existing pipeline infrastructure in the area will minimize the necessity for flaring of gases. Staff Comment PA 41-9 This standard appears to have been met. (5) Storage area, salvage yard, sanitary land -fill, and mineral waste disposal areas: (a) Storage of flammable, or explosive solids, or gases, shall be in accordance with accepted standards and laws and shall comply with the National Fire Code; 21 Williams Production RMT Company / Battlement Mesa Natural Gas Extraction BOCC —12/14/09 Page 22 (b) At the discretion of the County Commissioners all outdoor storage facilities for fuel, raw materials and products shall be enclosed by a fence or wall adequate to conceal such facilities from adjacent property; (c) No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonable foreseeable natural causes or forces; (d) All materials or wastes which might constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors in accordance with applicable State Board of Health Regulation; Staff Comment GV 82-5 (a) The storage of gases is in accordance with accepted standards and laws. This application was referred to the Grand Valley Fire District however no comments were submitted regarding this site. The Temporary Employee Housing information submitted did include letters that were provided to both the sheriff and fire district regarding use of this location. (b) This site does not comply with subsection (b) above as the fuel, materials and products are not concealed. The Board has the ability to waive this requirement and staff would recommend that they so because of the site. The site sits well below the PUD and is visible from the ridge therefore a fence or wall will not conceal the activities from the adjacent property. Oil & Gas activity is occurring on the adjacent property to the east. (c) It appears that adequate protective measures are in place (including the SWMP, SPCC, fugitive dust plan) to minimize the possibility of transfer of materials or wastes from the property. (d) A bear -proof trash container is on-site to prevent wildlife, rodent and insect attraction. Material and wastes are subject to COGCC and state standards. Staff Comment PA 41-9 (a) The storage of gases appears to be in accordance with accepted standards and laws. This application was referred to the Grand Valley Fire District however no comments were submitted regarding this site. 22 Williams Production RMT Company / Battlement Mesa Natural Gas Extraction BOCC —12/14/09 Page 23 (b) This site does not comply with subsection (b) above as the fuel, materials and products are not concealed. The Board has the ability to waive this requirement which may be appropriate at this location as it is somewhat concealed by the slope of the land as well as the painting of the tanks to blend with the environment. (c) It appears that adequate protective measures are in place (including fencing, SWMP, SPCC, fugitive dust plan) to minimize the possibility of transfer of materials or wastes from the property. PA 41-9 Pad Location (d) There will be no trash generated by this site. Material and wastes related to the gas production are subject to COGCC and state standards. (6) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facilities may begin. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin. Staff Comment GV 82-5 This site is subject to a Stormwater Management Plan and Spill Prevent and Control Countermeasures Plan that requires safeguards compliant with COGCC standards. Staff Comment PA 41-9 This site is subject to a Stormwater Management Plan and Spill Prevent and Control Countermeasures Plan that requires safeguards compliant with COGCC standards. 5.03.10 Approval of Conditional or Special Uses: Uses listed as conditional under the appropriate Zone District Regulation shall be permitted based on compliance with the requirements listed herein; where uses are listed as Special Uses they shall be permitted only: 23 Williams Production RMT Company / Battlement Mesa Natural Gas Extraction BOCC —12/14/09 Page 24 (1) Based on compliance with all requirements listed herein, and; (2) Approval by the County Commissioners which Board may impose additional restriction on the lot area, floor area, coverage, setback and height of proposed uses or require additional off-street parking, screening, fences and landscaping, or any other restriction or provision it deems necessary to protect the health, safety and welfare of the population and uses of the neighborhood or zone district as a condition of granting the special use. 5.03.11 Denial of Special Use: The County Commissioners may deny any request for special use based on the lack of physical separation in terms of distance from similar uses on the same or other lots, the impact on traffic volume and safety or on utilities or any impact of the special use which it deems injurious to the established character of the neighborhood or zone district in which such special use is proposed to be located. 5.03.12 Access Routes: All conditional and special uses must be provided with access routes of adequate design to accommodate traffic volume generated by the proposed use and to provide safe, convenient access for the use constructed in conjunction to the proposed use. The so Pacacl, Fac44, --{_ PAUS !A'mk;lt]9n 16 `¢ 8 9 7S f5W 24 919 20 7 Legend Jie: "9 Rpi] a_ _::rOw:-Ganes:arp. 16 1 n .,xe arena -e1 C:-<a'_•e- 14 ::C% 11 u 'lyzo 12 13 7 7S 94W 8 16 Williams 9.03 PERMIT — SPECIAL USE minimum design standards shall be the Garfield County Road Specifications. Staff Comment GV 82-5 and PA 41-9 As seen in the required Haul Route above access to and from both sites is on a County Preferred Haul Route. Further prohibitions are in place regarding use of roads with the Battlement Mesa PUD. 9.03.01 Application: Shall consist of all information required of an application for a permit and subject to all administrative procedures thereof plus the following: (1) Supporting information, plans, letters of approval from responsible agencies and 24 Williams Production RMT Company / Battlement Mesa Natural Gas Extraction BOCC —12/14/09 Page 25 other information to satisfy requirements listed under Conditional and Special Uses in the Supplementary Regulations; (2) A vicinity map drawn to scale depicting the subject property, location of roads providing access to the subject property, location and use of buildings and structures on adjacent lots and the names of owners of record of such lots; (3) A letter to the County Commissioners from the applicant explaining in detail the nature and character of the Special Use requested. 9.03.02 Fee 9.03.03 Action by Planning Director: The Planning Director shall utilize services of Environmental Health Officer, Building Official and any other county or state officials or agencies to arrive at a determination that the proposed building, structure or use is in compliance with all applicable zoning, subdivision, building, health and sanitation regulations except for approval by the County Commissioners as a Special Use; and if the proposed building, facility, structure or use are in compliance except for Board approval, shall forward the application along with his report to the Board. 9.03.04 Action by the County Commissioners: An application for Special Use Permit shall be approved or denied by the County Commissioners after holding a public hearing thereon in conformance with all provisions of this Resolution. Such hearing shall be held no later than thirty (30) days following the receipt of the Special Use Permit a application and the recommendation of the Planning Director; provided, however, that if they deem it appropriate, the County Commissioners may refer a request for a Special Use Permit to the County Planning Commission for its review and recommendation, in which case said public hearing must be held within sixty (60) days of the application. Notice of hearings held in regard to an application for a Special Use Permit shall be the sole responsibility, and at the expense, of the applicant, and except as otherwise provided shall be given as follows: (1) Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed Special Use and the time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least fifteen (15) days prior to the date of such hearing and Proof of Publication shall be presented at hearing by the applicant. (2) Notice by mail, containing information as described under paragraph (1), above, shall be mailed to all owners of record of lots adjacent to the subject lot at least five (5) days prior to such hearing time by Certified Return Receipt mail, and Receipts shall be presented at the hearing by the applicant. 25 Williams Production RMT Company / Battlement Mesa Natural Gas Extraction BOCC —12/14/09 Page 26 The concurring vote of the majority of the County Commissioners shall be necessary to decide in favor of the applicant. The County Commissioners shall approve or deny the permit application and notify the applicant of their decision, in writing, within fifteen (15) days following the Public Hearing. The decision shall state specific findings of fact relevant to all essential issues. If the permit is denied, such decision shall include reasons for denial. 9.03.05 Periodic Review: Any Special Use Permits may be made subject to a periodic review not less than every six (6) months if required by the County Commissioners. The purpose of such review shall be to determine compliance or noncompliance with any performance requirements associated with the granting of the Special Use Permit. The County Commissioners shall indicate that such a review is required and shall establish the time periods at the time of issuance of a Special Use Permit. Such review shall be conducted in such manner and by such persons as the County Commissioners deem appropriate to make the review effective and meaningful. Upon the completion of each review, the Commissioners may determine that the permit operations are in compliance and continue the pemiit, or determine the operations are not in compliance and either suspend the permit or require the permittee to bring the operation into compliance by a certain specified date. Such periodic review shall be limited to those performance requirements and conditions imposed at the time of the original issuance of the Special Use Permit. XI. STAFF COMMENTS Based on the review of the applicable Special Use Permit requirement, as well as the referral comments from various local and State agencies, the following issues have been identified: A. Area of Disturbance, Reclamation and Bonding There appears to be either a discrepancy in area or in definition of that area under permit by various agencies. The COGCC- approved reclamation area is 2.27 acres, the SUA limits the well pad area to 200 x 300' (1.377 acres), and the Stormwater Management Plan indicates 2.77 acres of disturbance. If any ` extraction and processing activity, or related accessory uses, occurs off of the COGCC-approved well pad 26 Williams Production RMT Company / Battlement Mesa Natural Gas Extraction BOCC —12/14/09 Page 27 area the County has land use review including requirements for reclamation and security. Staff recommends a condition of approval that the Applicant provide a revised site plan which clearly indicates all site improvements and activities including limits of the COGCC-approved well pad. B. Environmental Protections a. E&P Waste Disposal — Fluid conveyance i. Pipeline and legal means of conveyance b. Cumulative impact on air and water C. Roads Access to the site from 1-70 follows a prescribed County Haul Route that prevents any use of roads within the Battlement Mesa PUD. The staff concern is not specifically related to this site, but to off-site activities that will be supporting this well pad, in particular the fraccing activity. Fraccing is known to be the highest traffic generating activity associated with extraction and processing, however no information has been provided since the fraccing is occurring from an adjacent parcel outside of the PUD. D. Future Development GV 82-5 This site is located within the Public, Semi -Public and Recreation (PSR) District within the PUD and further designated as Community Open Space. An example of some of the permitted uses within PSR include school sites, governmental offices, police and fire stations, churches, and open space including active and passive recreation. The issuance of Special Use Permits on a portion of a site does not preclude other permitted uses from occurring, either simultaneously or after the Special Use ceases activity. That leads to the question of what is allowed to be "left" on-site after the extraction and processing activity ceases. PA 41-9 This site is located within the Rural Density Residential (RDR) District within the PUD. Permitted uses include detached single family dwellings and customary accessory uses. Density in this zone is limited to a maximum of 1 dwelling unit per gross acre. The COGCC does allow for certain Oil & Gas -related 27 Williams Production RMT Company / Battlement Mesa Natural Gas Extraction BOCC -12/14/09 Page 28 materials to be buried on-site (utilized in, and part of, the reclamation of the well pads). Minimum standards must be met in order for the material to be buried on- site. Pits are utilized on well pads for containment of certain materials that result from the extraction activity. Some pits are required to be lined, while others are not. Further, if lined, the COGCC requires that liners be removed and disposed of in proper facilities. However, materials contained by the liner may be permitted to be buried on-site. GV 82-5 has an on-site pit for drill cuttings which the Applicant has Tined, though this liner was not required by the COGCC. The interim reclamation plan submitted does not indicate what will happen with either the liner or the cuttings. Where will the liner and the cuttings be disposed of? Staff recommends that the Special Use Permits include a condition that materials resulting from the extraction and processing activity shall not be left on-site except for temporary storage purposes. If excess fluids and/or solids are buried on these sites there is potential that future development will unearth the materials. E. County Regulatory Ability "Garfield County requires a very thorough review of Special Use Permits. The scope of the review involves the coordination of permits and review by Local, State and Federal agencies that have authority over certain activities, with the County granting land use approval. The County review process functions to determine the appropriateness of the use at the particular location, as well as to ensure a comprehensive review of all aspects of the proposal including operational, potential impacts and proposed mitigation". Staff reports for other extraction activities including sand, gravel and limestone have commonly included this language. The review process for Oil & Gas Extraction and Processing differs substantially due to the fact that the subsurface minerals are considered the dominant estate, thus the County cannot prevent the owner from gaining access to their "property". In this instance the County land use review functions to determine potential impacts related to the activity and assure that adequate mitigation measures are in place to protect the Public Health, Safety and Welfare of the citizens of Garfield County. F. Fraccinq - The use of an off-site location for frac activity is accomplished by utilizing pipelines from an adjacent to site which will transport the sand and fluids to GV 82-5. The use of an adjacent site is necessary due to the limited area of the well pad, however since this adjacent site is not within the Battlement Mesa 28 Williams Production RMT Company / Battlement Mesa Natural Gas Extraction BOCC —12/14/09 Page 29 PUD it is not a part of this review. The use the adjacent parcel for the frac activity does benefit the GV 82-5 site simply by reducing the on-site impacts that occur within the PUD. The traffic impacts associated with remote fraccing will still occur, albeit stopping short of the PUD boundary. Staff is concerned with the remote fraccing as a larger issue related to "centralized facilities" that would require County review regardless of whether it was or was not contained in the PUD. As you may be aware, the County does regulate certain Oil and Gas activities, both on and off of the COGCC-approved well pad. Examples of this include Temporary Employee Housing (on pad); off- site pits including produced water storage in both tanks and water impoundments; on -pad pits that serve multiple well pads as it is considered a centralized facility. The definition of a centralized fraccing facility would be one that serves multiple well pad, potentially including the pad upon which that facility is located. In the current circumstance it would appear that the remote fraccing may not be considered a centralized facility since it is only serving the GV 82-5 well pad, and will decrease potential impacts inside of the boundary of the PUD (including odor and noise issues). Staff has requested additional information related to the remote site so that a determination may be made that Williams has the proper authority to using the adjacent site for this use. It is an integral part of the current application as the completion activities for these wells COULD NOT occur without it. The additional information requested includes: i. Legal Description of the site; ii. Property owner permission for use of the site for this purpose; iii. COGCC permits for the adjacent site, including any additional permits that may be required for this use; iv. Information related to where the produced water is originating (where it is coming from) and how it is being transported to this site. Staff has included the provision of this information as a condition of approval for the GV 82-5 site. G. Compliance - There are few tools available by which the County can compel compliance with State and Federal plans or permits. Compliance with COGCC standards, inspections related to water and air quality, are all State functions that the State must enforce. H. Visual Impacts Impacts resulting from the GV 82-5 site are mitigated to a certain extent by the land layout and proposed well pad location. The site is located below Battlement Mesa which sits atop a ridge. The top of the derrick is 29 Williams Production RMT Company / Battlement Mesa Natural Gas Extraction BOCC — 12/14/09 Page 30 visible from the golf course as photos had shown, however the drilling will be completed in March thereby minimize the impact to the golf course. One home is shown in the photos that will see this use. I. Preemption (1) The COGCC regulates visual impacts, and in Town of Frederick v. North American Resources Company, 60 P.3d 758 (Colo. App. 2002), some of the Town's regulations did create an operational conflict with the detailed requirements of the state regulations below. This doesn't mean we cannot regulate, we just need to see if it can be done in a way that harmonizes with the state regulations. The Court of Appeals in the Town of Frederick case didn't specify in detail what the Town regulations required, but cited the following COGCC Rules in support of its conclusion that local regulations created operational conflicts and were preempted: Rule 318 -Location of Wells: includes setback requirements from other wells. Rule 803- Lighting: "to the extent practicable, site lighting shall be directed downward and internally so as to avoid glare on public roads and building units within seven (700) hundred feet." Rule 804 — Visual Impact Mitigation: "Production facilities, regardless of construction date, which are observable from any public highway shall be painted with uniform, non -contrasting, non -reflective color tones (similar to the Munsell Soil color Coding System) and with colors matched to but slightly darker than the surrounding landscape by September 1, 2010. (2) The COGCC regulates Noise in the 800 series rules for Aesthetic and Noise Control Regulations. That section lists the permitted decibels that occur, based upon the adjacent property use — similar to those State Statutes that are typically applied to Special Use Permits. The chart below contains the maximum decibel levels permitted in certain areas. ZONE 7:00 am to next 7:00 pm 7:00 p n to next 7:00 am Residential/Agricuttura!/Rural 55 db{A} 50 cb(4) Ccmmercial 60 db(A) 55 c3(4) Light industrial 70 db(A) 65 cb(4) Industrial 80 db(A) 75 c3(4) Clearly the Battlement Mesa area is residential but the COGGC regulations state: 30 Williams Production RMT Company / Battlement Mesa Natural Gas Extraction BOCC —12/14/09 Page 31 802. NOISE ABATEMENT a. Tte you oI Itis rule is to identify raise sources retale.t to uil anU gas uperatiuns ural ilium( surrounding landowners and to mplement cost effective anc technically `easible mitigation measures to brng oil and gas facilities into compliance with the allowable noise levels identified in subsection c. Operators should be aware that noise control is most effectively addressed at the si:ing and design phase, especially with respect to centralized compression and other dowristearn -gas facilities- (see defiriition in the 100 Se'iet; of these rules). b. Oil and gas operations at any well site. procuction facility. or gas facility shall comply wth the Following maximum permissible noise levels. Ope-ations involving pipe ne or gas facility insta lation or maintenance. the use of a drilling ng, compietior rig. workover rig, o- stimulation is subject to the maximum permissible noise levels for incustial zones The type of land use of the surouiding area shall ba determined by :he Co-nmisson :n consultatioi w th the local governmental des gnee taking into consideration any applicable zoning or otier local land use designat on. c. In the hours between 7:00 a.m. and the next 7:00 p.m. the noise levels permit:ed beow may be inueased Leri :101 Ub(Ai fur a peiuu riol to exceed fifteen (15) r'rinutes iii any care (1) 11o.11 period. The atovvable noise level for periocic, impulsive or shrill roises s redc.ced by five (5) db(A; from the evels sho.dn. It is important to note that the Zoning Resolution of 1979 lists the maximum permissible noise level as 90 db(A), which exceeds the limits imposed by COGCC. J. Hours of Operation - Special Use Permit regulations stipulate that impact to adjacent properties must be adequately mitigated, therefore one of Staff concerns is related to the impact of lighting and noise. The above preemption section prevents the County from enforcing protective standards that are contained within their regulations. Currently drilling, completion and production at these sites will occur twenty-four hours a day, 7 -days per week with drilling and completion operations occurring for several months at a time per location. Given that staffs concern related to noise and lighting is due to the proposed hours of operation for this use, it appears that the County could require limitation. The location of Extraction and Processing of Natural Resources sites within an existing, developed PUD, or in an urban or semi -urban area with existing structures within several hundred feet of the use, should be required to mitigate the significant impacts to adjacent properties. The County could require limits to the hours of operation, consistent with other Special Use Permits/Major Impact Land Use Change Permits for extraction and processing activities. The limitation of hours of operation is in effect in other jurisdictions throughout the country and is typically a requirement in urban and semi -urban areas where existing structures will be impacted by the night-time operations. That said, it would appear that this particular location DOES NOT adversely impact the adjacent properties with noise and lighting due to the distance to structures and the topography of the immediate area. 31 Williams Production RMT Company / Battlement Mesa Natural Gas Extraction BOCC —12/14/09 Page 32 XII. RECOMMENDED FINDINGS 1. That proper posting and public notice was provided as required for the meeting before the Planning Commission and Board of County Commissioners. 2. That the meeting before the Planning Commission and Board of County Commissioners were extensive or complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That the above stated and other reasons, the proposed Special Use Permits have been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County, if recommended conditions of approval are adopted. 4. That, with the adoption of recommended conditions, the application has adequately met the requirements of the Garfield County Zoning Resolution of 1978 (Resolutions 79-1 and 79-132) and Garfield County Resolution 82-121. XIII. PLANNING COMMISSION RECOMMENDATION GV 82-5 Planning Commission recommends that the Board of County Commissioners APPROVE the Special Use Permit for Extraction and Processing of Natural Resources ithin the Battlement Mesa Planned Unit Development on property owned by QBattlement Mesa and operated by Williams Production RMT Company for drilling, completion, production and reclamation related to 22 natural gas oywells on pad GV 82-5 with the following conditions: \f 1 That all representations of the Applicant, either in testimony or the submitted application materials, shall be considered conditions of approval unless specifically altered by the Board of County Commissioners. 2. Any materials including solids, liquids or gases resulting from the extraction and processing activity shall be removed from the site. This does not preclude the allowance of permitting on-site temporary storage for these materials through this special use process, nor does it include cuttings which may be left on-site LA/Vepursuant to COGCC standards. 3. Prior to t • _ . - L, C -y�,� ; , - • . - �heSpecial Use Permit for well pad GV 82-5 the Applicant s all submit an updated site plan that indicates the following: a. COGCC-approved well pad area b. Area of the well pad that is included in the COGCC-approved reclamation plan c. Area of disturbance any use/material or facility within that area; d. Well pad improvements 1's -..., el' 32 Williams Production RMT Company / Battlement Mesa Natural Gas Extraction BOCC —12/14/09 Page 33 e. Facilities or improvements required by other permits including, but not limited to, Stormwater Management Plan and Spill Prevention and Control and Countermeasures plan. f. Location and use of all facilities, materials and uses within the well pad, including, but not limited to, tanks, trailers, porta-potties, trash receptacles and pits. If, upon review of the site plan, any activity accessory to the Extraction and Processing is NOT wholly contained within the COGCC-approved well pad then County review and approval of a reclamation plan for those areas, along with sufficient security, shall be required. An approved County reclamation plan shall be required prior to Board of County Commissioner approval of the Special Use Permit. 4. All operational activities including, but not limited to employee parking, fuel storage, sanitation facilities, equipment and natural resource storage areas shall be limited in location to that surface area which is under permit with the COGCC for the well pad unless otherwise approved through this permit. Any extraction and/or processing activity found occurring off-site of the well pad or not approved through this permit, will be considered a violation of the Special Use Permit and will be subject to the violation process as contained within the Garfield County Unified Land Use Resolution of 2008, as may be amended from time to time. 5. The Applicant shall provide sufficient information to demonstrate that the well pad has not and will not impact jurisdictional wetlands. If jurisdictional wetlands are impacted, the operation shall cease until such time as the required permits are issued by the Army Corps of Engineers. 6. The County shall require the Operator to maintain the Volatile Organic Compound (VOC) emission controls on the well pad facility, regardless of other agency regulatory requirements. 7. The Operator acknowledges that the County has performance standards in place that could lead to revocation of the Special Use Permit if continued violations of the permit occur over a period of time. 8. Operation of the facility must be in accordance with all Federal, State and Local regulations and permits governing the operation of this facility. 9. The Applicant shall be required to submit a report annually, until such time as the well pad is released from the COGCC reclamation bond, of the extraction and processing operation, for staff review. Upon review of any deficiencies pursuant to conditions of approval or other local, state, or federal permits, Staff may forward the report to the County Commissioners for full review of the Special Use Permit. 10. The County commits to notifying the operator of any compliance concern and allows 33 Williams Production RMT Company / Battlement Mesa Natural Gas Extraction BOCC —12/14/09 Page 34 an inspection with site personnel and the designated County inspector prior to contacting any other permitting agency. 11. The County can request a site inspection with one calendar day's notice to the Operator. Full access to any part of the site will be granted. On request, all paperwork must be shown. The County cannot request a Targe number of inspections that would interfere with normal operation without cause. 12.AI1 extraction and processing activities shall be required to comply with the following performance standards: (1) Volume of the sound generated: every use shall be so operated that the volume of sound inherently and recurrently generated does not exceed ninety (90) decibels (or COGCC rule, whichever is more stringent), with a maximum increase of five (5) decibels permitted for a maximum of fifteen (15) minutes in any one hour, at any point of any boundary line of the property on which the use is located. (2) Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located; (3) Emissions of smoke and particulate matter: every use shall be so operated so as to comply with all Federal, State and County air quality laws, regulations and standards; (4) Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of the adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision; (5) Storage area, salvage yard, sanitary land -fill, and mineral waste disposal areas: (a) Storage of flammable, or explosive solids, or gases, shall be in accordance with accepted standards and laws and shall comply with the National Fire Code; (b) At the discretion of the County Commissioners all outdoor storage facilities for fuel, raw materials and products shall be enclosed by a fence or wall adequate to conceal such facilities from adjacent property; Both the Planning Commission and Staff recommend that the BOCC specifically determine that additional screening or enclosure of this site is not necessary due to on-site vegetative screening and topography that provide adequate visual screening. 34 Williams Production RMT Company / Battlement Mesa Natural Gas Extraction BOCC —12/14/09 Page 35 (c) No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonable foreseeable natural causes or forces; (d) All materials or wastes which might constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors in accordance with applicable State Board of Health Regulation; (6) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facilities may begin. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin. ADDED SINCE PC HEARING 13. Prior to issuance of a Land Use Change Permit for GV 82-5, the Applicant shall provide the following information regarding the fraccing location: a. Legal Description of the site; b. Property owner permission for use of the site for this purpose; c. COGCC permits for the adjacent site, including any additional permits that may be required for this use; d. Information related to where the produced water is originating (where it is coming from) and how it is being transported to this site. This condition had not been included or discussed at the Planning Commission hearing due to the fact that Staff had anticipated receipt of the information from Applicant. The information has not been submitted to -date and therefore staff recommends that it be included as a condition of approval. Staff is also recommending a revision to Condition 2. which was originally worded to prohibit the burying of cuttings on the site. The Planning Commission discussion on this issue revolved around the fact that the COGCC has standards that must be met in order for the operator to bury this material. Staff continues to recommend that removal be required — for the following reasons: First, the Battlement Mesa PUD does not contain provision for permitting, by -right or by special use, the use of mineral waste disposal or solid waste disposal sites within the PUD. 35 Williams Production RMT Company / Battlement Mesa Natural Gas Extraction BOCC — 12/14/09 Page 36 Second, the County regulations at the time permitted sanitary landfill and extraction and processing of natural resources as conditional uses but did not include the allowance of mineral waste disposal. Third, this drilling activity is occurring within a subdivision which is an urbanized environment that warrants additional standards. The potential for future development to occur on these sites is very high and therefore all materials must be removed. The operator has been hauling the cuttings off-site, due to inadequate storage area on the pad, and the County should require that they continue to do so. Staff recommends that Condition 2. be amended as follows: 2. Any materials including solids, liquids or gases resulting from the extraction and processing activity shall be removed from the site. This does not preclude the allowance of permitting on-site temporary storage for these materials through this special use process. XIV. PLANNING COMMISSION RECOMMENDATION PA 41-9 1. That all representations of the Applicant, either in testimony or the submitted application materials, shall be considered conditions of approval unless specifically altered by the Planning Commission and Board of County Commissioners. 2. This Special Use Permit for Extraction and Processing of Natural Resources is limited to production activities related to PA 41-9 and PA 42-9 wells on well pad PA 41-9. If future extraction and processing activity (additional to what is being permitted herein) would be proposed, an amended Special Use Permit shall be required prior to that activity occurring on the site. 3. The Operator acknowledges that the County has performance standards in place that could lead to revocation of the Special Use Permit if continued violations of the permit occur over a period of time. 4. Operation of the facility must be in accordance with all Federal, State and Local regulations and permits governing the operation of this facility. 5. The Applicant shall be required to submit a report annually, until such time as the release of the COGCC reclamation bond, of the extraction and processing operation, for staff review. Upon review of any deficiencies pursuant to conditions of approval or other local, state, or federal permits, Staff may forward the report to the County Commissioners for full review of the Special Use Permit. 6. Should additional drilling occur on this site, the County shall require the Operator to install Volatile Organic Compound (VOC) emission controls on the well pad facility, regardless of other agency regulatory requirements. 36 Williams Production RMT Company / Battlement Mesa Natural Gas Extraction BOCC —12/14/09 Page 37 7. The County commits to notifying the operator of any compliance concern and allows an inspection with site personnel and the designated County inspector prior to contacting any other permitting agency. 8. The County can request a site inspection with one calendar day's notice to the Operator. Full access to any part of the site will be granted. On request, all paperwork must be shown. The County cannot request a large number of inspections that would interfere with normal operation without cause. 9. All extraction and processing activities shall be required to comply with the following performance standards: (1) Volume of the sound generated: every use shall be so operated that the volume of sound inherently and recurrently generated does not exceed ninety (90) decibels (or COGCC rule, whichever is more stringent), with a maximum increase of five (5) decibels permitted for a maximum of fifteen (15) minutes in any one hour, at any point of any boundary line of the property on which the use is located. (2) Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located; (3) Emissions of smoke and particulate matter: every use shall be so operated so as to comply with all Federal, State and County air quality laws, regulations and standards; (4) Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of the adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision; (5) Storage area, salvage yard, sanitary land -fill, and mineral waste disposal areas: (a) Storage of flammable, or explosive solids, or gases, shall be in accordance with accepted standards and laws and shall comply with the National Fire Code; (b) At the discretion of the County Commissioners all outdoor storage facilities for fuel, raw materials and products shall be enclosed by a fence or wall adequate to conceal such facilities from adjacent property; Both the Planning Commission and Staff recommend that the BOCC specifically determine that additional screening or enclosure of this site is not necessary due to on-site vegetative screening and topography that provide adequate visual 37 Williams Production RMT Company / Battlement Mesa Natural Gas Extraction BOCC —12/14/09 Page 38 screening. (c) No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonable foreseeable natural causes or forces; (d) All materials or wastes which might constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors in accordance with applicable State Board of Health Regulation; (6) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facilities may begin. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin. 38 Extraction and Processing Well Pads GV 82-5 and PA 41-9 0 Mesa PU BOARD OF COUNTY COMMISSIONERS DECEMBER 14, 2009 BACQ u ND ------------ oBattlement Mesa originally approved in 1975 o PUD text and zoning approved via Resolution 82-121 o All sub -districts within the PUD require a Special Use Permit for Extraction and Processing PUD Article 10 incorporates the standards of the 1978 zoning code and 1979 amendment o Surface Owner entered into Surface Use Agreements (SUA) with Exxon (1989), Barrett Resources Corporation (1990), and Williams (2007) .f` GV 82-5 , 5.b PSR - Public, Semipublic, and Recreation 9.1 Uses, by right: School sites, governmental offices, police and fire stations, library, day-care centers, public and semipublic health facilities including hospitals and clinics, recreation uses, churches, community center, neighborhood community center, water, well sites, sewage treatment facilities, water treatment and storage facilities, and other public and private utility facilities and buildings. Community open space and parks, including hiking and bicycle trails, equestrian trails, intensive use playfields, picnic areas, sledding areas, swimming pools, tennis courts, natural areas, archery, Skeet shooting and similar. uses. Golf course with clubhouse including eating and drinking facilities (which may include liquor); equestrian center. 9.2 Uses, cotxitianal: Not applicable. 9.3 Uses, special: Extraction and processing of natural resources. a,estgoYs -��a�ay as__a ur+.lcua- 4m1.-_a4,144A.4.;1.6 474444iM:almsi,-,1_4M41 tttt4.0a }.Jci.JC. 1.2 Uses, conditional: Murch, school, commmnity building, day -nursery, fire station, drd other public uses. 1.3 Uses, special: Ectraction arra processing of natural resources. 1—AMMIeSIINVIM .+nE6Y Ae. MAMEt r—'-'•tsar�*�a�ta,, Y I !x � r.s�J MX", -: ar n:.56, wi Se ism saW.ca*mum' .J MIC ,l,,. Ac sx t t .rflI _.f acx am as art:zr Y.n .M saes .n .IMM M9 M4 WO • -AMU ,r •,l7 SKI' Mt NM[ Sc-IMUSER CORD N ME"ER r am ta- " BAT I'LEMEN ' MESA P.U.D. FROPOSM) zoos DFSauc s S.Y. }41,41 DRILL SITES PLAN t.• Wawa, 11.rgerrea. Wx.I K.+! tow i8 17 18 20 ..._�,._ OG T bamment Mesa. Inc. ®Proposed Pad Site WEN Battlement Mesa Colorado EXHIBIT B — Barrett SUA effective 8/6/190o (recorded 1999) DRILLING HISTORY --- -------------- ----- ________ GV 82-5 1990 First well drilled -Barrett Resources 1994 Second well drilled —Barrett Resources 2008 Third through seventh wells drilled (4) -Williams 2009-2010 remaining 16 wells to be drilled —Williams PA 41-9 1999 First well drilled — Barrett Resources 2006 Second well drilled - Williams ,r4 2111.11 I• VI ........ 5 PT:7717T ' • 40 • Mad 1 1 PROCESS 1 Major Impact Review Unified Land Use Resolution of 2008, as amended REVIEW STANDARDS Zoning Resolution of 1978, as amended in 1979 5.03 Special Use and 5.03.07 & 5.03.08 OTHERS - COGCC - Surface Use Agreement(s) - Colorado Department of Public Health and Environment (CDPHE) '71rlL 4 ardik ' Request: P jbLOJEC 0 Extraction and Processing within Battlement Mesa PUD — Special Use Permits GV 82-5 & PA 41-9 Surface Owner: Battlement Mesa Land Investments, LLC Operator: Location: Property Size: Access: Zoning: Williams Production RMT Company East of the Town of Parachute within the Battlement Mesa PUD 1,249 acre `subject site' CR 323, CR 309 and CR 301 PUD — PSR and RDR GV 8z-5 Limi ation_on well pad dimension S A limits 't o 200 x 300' (recently amended) D rectional Drilling, used to minimize sur ;r- dis urbance. R mote fraccing due to,size limit on ofj'wll pad _ No u e_=of- attlement .Mesa road ys 309 Use County_ Preferred _au Routes X09 lis n, CR 2 Ro and�C o W,l1�-a 3 Y3 9 n to roadim` Avail. it N ents of Infrastruct re pipelines in particul es truuk9tra 1 lr1 mi =:.i n Diversion of water from the Colorado River GV 82-5 Regulatory standards 5.03 Special Uses Adequate utilities, access/roads sufficient to accommodate traffic, minimize impact by design of use 5.03.07 Industrial Operations Protection of water, noise/vapor/smoke/glare, traffic separation from adjacent property, reclamation/security 5.03.08 Industrial Performance Standards Volume of sound, vibration, emissions, fumes/heat, storage and disposal, water pollution hazard o Area of Disturbance, ReclamationandBonding o Future development pursuant to PUD zoning o E & P Waste Disposal / Solid Waste Disposal o County Regulations and jurisdictional overlap o Remote Fraccing Compliance and Reviews o Hours of Operation PA 41-9 Site is currently in production stages, no additional drilling is planned at this time. A Special Use Permit would be required if drilling would occur in the future. • Production phase generates minimal traffic, site will comply with County Haul Route. • Production phase results in produced water which is piped to on-site storage tanks for eventual transport. ilS R000 atm) The Planning Commission held a public hearing on November 18, 2009 and unanimously voted to recommend approval of GV 82-5 subject to the following conditions: 1. That all representations of the Applicant, either in testimony or the submitted application materials, shall be considered conditions of approval unless specifically altered by the Planning Commission and Board of County Commissioners. 2. Any materials including solids, liquids or gases resulting from the extraction and processing activity shall be removed from the site. This does not preclude the allowance of permitting on-site temporary storage for these materials through this special use process, nor does it include cuttings which may be left on-site pursuant to COGCC standards. 3. Prior to the Board of County Commissioner consideration of the Special Use Permit for well pad GV 82-5 the Applicant shall submit an updated site plan that indicates the following: COGCC-approved well pad area Area of the well pad that is included in the COGCC-approved reclamation plan Area of disturbance any use/material or facility within that area; Well pad improvements Facilities or improvements required by other permits including, but not limited to, Stormwater Management Plan and Spill Prevention and Control and Countermeasures plan. Location and use of all facilities, materials and uses within the well pad, including, but not limited to, tanks, trailers, porta-potties, trash receptacles and pits. If, upon review of the site plan, any activity accessory to the Extraction and Processing is NOT wholly contained within the COGCC-approved well pad then County review and approval of a reclamation plan for those areas, along with sufficient security, shall be required. An approved County reclamation plan shall be required prior to Board of County Commissioner approval of the Special Use Permit. � PIarinCornmissiori }cod c GV 82-5 Cont. 4. All operational activities including, but not limited to employee parking, fuel storage, sanitation facilities, equipment and natural resource storage areas shall be limited in location to that surface area which is under permit with the COGCC for the well pad unless otherwise approved through this permit. Any extraction and/or processing activity found occurring off-site of the well pad or not approved through this permit, will be considered a violation of the Special Use Permit and will be subject to the violation process as contained within the Garfield County Unified Land Use Resolution of 2008, as may be amended from time to time. 5. The Applicant shall provide sufficient information to demonstrate that the well pad has not and will not impact jurisdictional wetlands. If jurisdictional wetlands are impacted, the operation shall cease until such time as the required permits are issued by the Army Corps of Engineers. 6 . The County shall require the Operator to maintain the Volatile Organic Compound (VOC) emission controls on the well pad facility, regardless of other agency regulatory requirements. 7. The Operator acknowledges that the County has performance standards in place that could lead to revocation of the Special Use Permit if continued violations of the permit occur over a period of time. 8. Operation of the facility must be in accordance with all Federal, State and Local regulations and permits governing the operation of this facility. GV 82-5 Cont. 9. The Applicant shall be required to submit a report annually, until such time as the well pad is released from the COGCC reclamation bond, of the extraction and processing operation, for staff review. Upon review of any deficiencies pursuant to conditions of approval or other local, state, or federal permits, Staff may forward the report to the County Commissioners for full review of the Special Use Permit. 10. The County commits to notifying the operator of any compliance concern and allows an inspection with site personnel and the designated County inspector prior to contacting any other permitting agency. 11. The County can request a site inspection with one calendar day's notice to the Operator. Full access to any part of the site will be granted. On request, all paperwork must be shown. The County cannot request a large number of inspections that would interfere with normal operation without cause. 12. All extraction and processing activities shall be required to comply with the following performance standards: (1) Volume of the sound generated: every use shall be so operated that the volume of sound inherently and recurrently generated does not exceed ninety (9o) decibels (or COGCC rule, whichever is more stringent), with a maximum increase of five (5) decibels permitted for a maximum of fifteen (15) minutes in any one hour, at any point of any boundary line of the property on which the use is located. (2) Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located; Planning GV 82-5 Con't. (3) Emissions of smoke and particulate matter: every use shall be so operated so as to comply with all Federal, State and County air quality laws, regulations and standards; (4) Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of the adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision; (5) Storage area, salvage yard, sanitary land -fill, and mineral waste disposal areas: (a) Storage of flammable, or explosive solids, or gases, shall be in accordance with accepted standards and laws and shall comply with the National Fire Code; (b) At the discretion of the County Commissioners all outdoor storage facilities for fuel, raw materials and products shall be enclosed by a fence or wall adequate to conceal such facilities from adjacent property; (Adequate on-site screening occurs via existing vegetation and topography) (c) No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonable foreseeable natural causes or forces; (d) All materials or wastes which might constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors in accordance with applicable State Board of Health Regulation; (6) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply' with the Regulations of the Environmental Protection Agency before operation of the facilities may begin. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin. om. r .d on Plann PA 41-9 • cm ei a ion 1. That all representations of the Applicant, either in testimony or the submitted application materials, shall be considered conditions of approval unless specifically altered by the Planning Commission and Board of County Commissioners. 2. This Special Use Permit for Extraction and Processing of Natural Resources is limited to production activities related to PA 41-9 and PA 42-9 wells on well pad PA 41-9. If future extraction and processing activity (additional to what is being permitted herein) would be proposed, an amended Special Use Permit shall be required prior to that activity occurring on the site. 3. The Operator acknowledges that the County has performance standards in place that could lead to revocation of the Special Use Permit if continued violations of the permit occur over a period of time. 4. Operation of the facility must be in accordance with all Federal, State and Local regulations and permits governing the operation of this facility. 5. The Applicant shall be required to submit a report annually, until such time as the release of the COGCC reclamation bond, of the extraction and processing operation, for staff review. Upon review of any deficiencies pursuant to conditions of approval or other local, state, or federal permits, Staff may forward the report to the County Commissioners for full review of the Special Use Permit. 6. Should additional drilling occur on this site, the County shall require the Operator to install Volatile Organic Compound (VOC) emission controls on the well pad facility, regardless of other agency regulatory requirements. Pi PA 41-9 Cont. eco en 7. The County can request a site inspection with one calendar day's notice to the Operator. Full access to any part of the site will be granted. On request, all paperwork must be shown. The County cannot request a large number of inspections that would interfere with normal operation without cause. 8. All extraction and processing activities shall be required to comply with the following performance standards: (1) Volume of the sound generated: every use shall be so operated that the volume of sound inherently and recurrently generated does not exceed ninety (90) decibels (or COGCC rule, whichever is more stringent), with a maximum increase of five (5) decibels permitted for a maximum of fifteen (15) minutes in any one hour, at any point of any boundary line of the property on which the use is located. (2) Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located; (3) Emissions of smoke and particulate matter: every use shall be so operated so as to comply with all Federal, State and County air quality laws, regulations and standards; (4) Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of the adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision; P annh o on PA 41-9 Cont. (5) Storage area, salvage yard, sanitary land -fill, and mineral waste disposal areas: (a) Storage of flammable, or explosive solids, or gases, shall be in accordance with accepted standards and laws and shall comply with the National Fire Code; (b) At the discretion of the County Commissioners all outdoor storage facilities for fuel, raw materials and products shall be enclosed by a fence or wall adequate to conceal such facilities from adjacent property; (Adequate on-site screening occurs via existing vegetation and/or topography) (c) No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonable foreseeable natural causes or forces; (d) All materials or wastes which might constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors in accordance with applicable State Board of Health Regulation; (6) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facilities may begin. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin. Staff Additions / t_'� 8 2. Any materials including solids, liquids or gases resulting from the extraction processing activity shall be removed from the site. This does and allowance of permitting on-site temporary not preclude the p ry stor age for these materials through this special use process, nor docs it includc cuttings which may be lcft on sitcu to COGCC standards. p rsuant 3. Prior to the Board of County Commissioncr considcration issuance of the cial Usc Pcrmit Land Use Change Permit for wellpad GV 82-5 Shall submit an updated siteplan that indicates the Applicant shall the following: and continues on as PC written... 13. Prior to issuance of a land Use Change Permit for GV 82-5, the Applicant provide the following information regardingthe fraccingpp shall a. Legal Description of the location: p site; b. Property owner permission for use of the site for this purpose; c. COGCC permits for the frac site, includinganyadditionalp p that may be required for this use; permits d. Information related to where the produced water is originating and how it is transported to this site. g g H C1:1 6 24 19 22 35 Parachute Evaporation Facility _.......:,tom! 1 1 i Rulison d•isi M �+t 30 29 6S 94W 35 36 ,air•••#°"7.---"n' 31 RU tACH ERR D 3 1 o y —PA 41-9 II0RR1 j l MESA RD (CRv 301) 10 5W W 0 11 14 12 13 1 6 7 7S 94W 18 32 8 17 24 Legend Existing Road Road (County Road - Garfield County) NM Route Williams Production RMT PA 41-9 T7S R95W, Section 9 Date Prepared: October 14, 2009 O:\Pro': ts\PIC\Parachute10910910 PA 41-9 Count RoadAccess\AccessRoute.mxd hhancock 10/14/2009,4'15:55 PM 0 0.5 1 2 Miles Williams 17.1-4k3 �" c 'El LAI 951—r DRILL SITES PLAN Wel GC•41611.011. IAEA. sraran ()Proposed Pad Site Colo -rad EMI:11BIT "B" Attached to and made a part of that certain Surface Use Agreement dated October / 7,-2007, by and between Battlement Mesa Partners LLC, a Colorado limited liability company, and Williams Production RMT Company. 1 EXHIBIT pr Legend Existing Road =Production Equipirnent (approx. contig) -Existing Pipeline Proposed Pipeline (T. buried) Proposed Production EquipmentArea Existing Production Equipment — Existing Well Proposed Pad or Pit ----Proposed Frac Line CMProjadzIPICIParachitzW711018_Gli W-5 SIJAISLIA.muf tleollell 10/1912007 1:1721 PM Williams Production RIM' Williams GV 82-5 SUR 175 R95W, Section 5 Date Prepared: October 18, 2007 am 610 PACE 4& op z g I ,—....7,1 J IP CC cis e+omoso00 CO lit -.-N� t �f 3.1.70111 *POW ;e. .441#4.4„;- Garfield County Building and Planning Department 108 8th Street, Suite 401, Glenwood Springs, CO 81601 (970) 945-8212/Fax: (970) 384-3470 Return Requested: November 5, 2009 EXHIBIT File Number/Name(s) Project Name(s) V Type of Ap MIPA6136 MIPA6337 Well Pad GV 82-5 Well Pad PA 41-9 Special Use extraction and processing of natural resources Staff Planner: Kathy Eastley(keastlev�u,garfield-countv.com) Phone: 970-945-8212 Applicant: Battlement Mesa Land Investments, LLC and Williams Production RMT Company Phone: Contact Person: Sandy Hotard and/or Dasa Bryan Phone: 970-683-2288 / 683-8909 Location: Well pad GV 82-5 located in SE t/4 Sec 5 and well pad PA 41-9 located in NE 1/4 Sec 9, T7S, R95W Summary of Request: The Battlement Mesa PUD (Resolution 82-121) requires a County Special Use Permit for Extraction and Processing activities within the PUD Planning Commission PAPER The Garfield County Planning Department has received a land use request as referenced above. Your comments are an important part of the evaluation process. In order to review all appropriate agency comments and incorporate them into the Staff Report, we request your response by Thursday, November 5, 2009. GARFIELD COUNTY Office or Division OTHER Number or Detail Road & Bridge PAPER X Engineering PAPER X Attorney CD X Environmental Health (Jim Rada) CD X Planning Commission PAPER 11 Sheriffs Dept. PAPER Board of County Commissioners` PAPER 5 Vegetation Manager CD X ---c - C._\01 -,s; , j.'.r c.,(1y �i R cf ; VhC cc„. is `rl`� \ / colt, , /!'k,ri 1 S r,.:4-,:.... Oil and Gas CD X / Public PAPER X COLORADO STATE LOCAL/FED GOVT ENTITIES Water Resources / State Engineer CD X Town of Parachute CD X Battlement Mesa Service District PAPER X Park and Rec District (BM) PAPER X Bureau of Land Management CD X Army Corps of Engineers (it impacted) alth Department (CDPHE) CD X Division (GJ Office) CD X TS/SERVICES ct 16 CD X 'ire Protection CD X GARFIELD COUNTY Building & Planning Department Review Agency Form EXHIBIT ► M Date Sent: October 19, 2009 Comments Due: November 5, 2009 Name of application: Well Pads GV 82-5 & PA 41-9 Sent to: Garfield County Road & Bridge Garfield County requests your comment in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staff Contact: Kathy Eastley 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Garfield County Road and Bridge Department has no objections to this application with the following comments. Driveway access permits have been issued for these locations with conditions specific to each location. Williams Production RMT has been in contact with a paving company to pave the location to the PA41-9 driveway access. Due to the lateness of the paving season this may not happen until the paving season of 2010. Garfield County Road and Bridge has no objection to this condition as long as Williams Production RMT has a signed contract with a paving contractor to perform the work. This signed contract is forthcoming as per conversation with Williams Production RMT land department. All vehicles hauling equipment and materials for all work associated with these well pads will follow the preferred haul routes to access these well pads. These well pads are located on existing preferred haul routes. All vehicles hauling equipment and materials for this application shall abide by Garfield County's oversize/overweight permit system. All vehicles requiring oversize/overweight permits shall apply for them at Garfield County Road and Bridge Department. All vehicles applying for oversize/overweight permits shall have on file with Garfield County Road and Bridge Department a letter or e-mail from Williams Production RMT stating said vehicles can obtain permits under their road bond on file with Garfield County. As there have already been activities on these well pads the traffic impact would not change the total traffic volume on the roads accessing these well pads. Name of review agency: Garfield County Road and Bridge Department By: Jake B. Mall Date October 20, 2009 Revised 3/30/00 October 29, 2009 Jake Mall Garfield County Road and Bridge PO Box 426 Rifle, CO 81650 EXHIBIT WI I I 140o EXPLORATION & PRODUCTION 1058 CR ;"215 PO. Box 370 Parachute, CO 81635-0370 970/285-9377 970/285-2047 fax RE: Special Use Permit under Major impact Review Process GV 82-5 & PA 41-9 Pad Locations Referral Letter Response and Paving Commitment Dear Jake; Per our conversation after receipt of the Referral Letter dated October 19th 2009; Williams Production RMT Company agrees to pave the aprons of the access locations for pads GV 82-5 and PA 41-9. Williams will obtain a quote for the project that will take place within the 2010 paving season. Scott Bract Drilling & Completion Superintendent E&P Williams Production RMT CO PO Box 370 Parachute, CO 81635 MEMORANDUM To: Kathy Eastley From: Steve Anthony Re: Williams Well Pad PA 41-9 Date: November 5, 2009 EXHIBIT 0 Thanks for the opportunity to comment on this permit. My comments are as follows: Noxious Weeds Weed inventory & Mapping This has not been done. Staff requests that the applicant inventory the location using GPS technology for Garfield County listed noxious weeds. The points shall be presented on a map for review. Weed Management Plan The Plan presented is generic and not based on an actual on-site inventory. Once the inventory is complete the applicant shall present a plan based on the inventory. Revegetation Seed Mix The seed mix presented in Table 2 under Section 3.3.14 is unacceptable. Staff requests that yellow sweet clover (Melilotus officinalis) be removed from the seed mix. Yellow sweet clover is not a county listed noxious weed but has been shown to be a problem on roadsides, its root system can tear up asphalt along road shoulders and it can be invasive. Staff does request that the applicant make the seed tags available to Garfield County upon completion of the reseeding efforts. Staff will contact COGCC and Williams to make them aware of this issue. To: Kathy Eastley From: Mike Shoemaker Date: November 9, 2010 RE: Williams Well Pad PA 41-9 Memorandum Response EXHIBIT [ ___E_____ I would like to provide the following in response to the Memorandum dated November 5, 2009 regarding the PA 41-9 well pad. These responses are based on a phone conversation with Mr. Steve Anthony on Friday November 6, 2009. Noxious Weeds Weed Inventory and Mapping A Noxious Weed inventory for Garfield County and State of Colorado listed noxious weeds has been completed using GPS technology. Please see the attached map containing points that were taken during the field observation and presented on Figure 1: PA 41-9 Noxious Weed inventory. Weed Management Plans The weed management plan has been updated to include information from the on-site inventory and is attached as the Williams Weed Management Plan PA 41-9 Well Pad. Please refer to the section Site Specific Weed Control Plans for the PA 41-9 Well Pad in order to review weed control activities planned for this site. Revegetation Seed Mix After tacking with Mr. Anthony it was agreed that because the seed mix presented in Table 2 under section 3.3.14 was applied to the PA 41-7 well pad in 2007 as the interim seed mix and has been successful in establishing a good stand of cover with desirable species, Williams will monitor the well pad for the establishment of yellow sweet clover. If yellow sweet clover is found within the reclaimed area Williams will remove it through chemical or mechanical control treatment methods. Williams will also work with the surface owner to ensure that the seed mix to be applied at final reclamation does not contain any yellow sweet clover (Melilotus officinalis). As discussed with Mr. Anthony Williams is working to locate copies of the seed tags, for the seed that was applied to the well pad in 2007. However, if the seed tags cannot be located a copy of the Permanent Seed Reclamation Form has been provided to ensure that the work was completed. Williams will provide a copy of the Final reclamation seed tags to Garfield County when this work is completed. If you need any further information please contact me at mike.shoemaker(a'williams.com or (970) 263-2769. Thanks, ruj K 51,./L raal, ' •w • tz_ Legend Musk Thistle 0 Scotch Thistle Existing Road Existing Pad Williams Production RMT Figure 1: PA 41-9 Noxious Weed Inventory Willi ms 173 R95W, Section 9 November 9, 2009 SPmjects1PlCSParachuta109N105_PA41-9 NoxiousWeedSurveyllMaeds.mxd hhanmdc 11/9/2009 9:57:23 AM Williams Weed Management Plan PA 41-9 Well Pad Noxious weed infestations may occur on lands that fall within Williams Production (Williams) lease boundaries. These areas include well pads, lease roads, disturbed sites, reclaimed sites, and some undisturbed areas. In order to minimize impacts that may result from the presence of noxious weeds, improve reclamation success, and ensure good Iand stewardship, Williams had adopted the following Integrated Noxious Weed Management Plan. The Weed management plan is designed to bring Williams into compliance with the Colorado Noxious Weed Act (C.R.S. Title 35, Article 5.5), Colorado Oil & Gas Conservation Act, and the Garfield County Noxious Weed Management Plan. Weed Management activities will primarily focus on the Garfield County Noxious Weed List. Williams' Integrated weed management plan will focus on four components of weed management. • Prevention • Inventory and Mapping • Weed Control • Monitoring Prevention - Prevention is a key component of the Williams weed management program. Williams addresses prevention in the planning, development, and operations phases of field development. Williams tries to avoid or limit ground disturbance activities when practical. If ground disturbing activities cannot be avoided, Williams tries to plan development that will avoid identified weed infestation or areas where weed establishment may be more optimal if this is practical to operations. If ground disturbing activities do occur, Williams uses temporary or permanent seed mixes that help to develop healthy stands of vegetation that can be self sustaining and deter the establishment of invasive species. Inventory and Mapping — Williams uses various means to inventory noxious weeds that fall within its lease boundaries. First, members of Williams Environmental staff are competent in weed identification and note noxious weed occurrences when they are completing field work. Second, the environmental staff works to educate field operations staff to identify weed infestations so that they can also document infestations and inform environmental staff where they are located. If operations personnel are unsure of a suspected infestation, they contact the Environmental staff. The suspected infestation is then investigated before it is documented as an infestation. Third, Williams hires a Certified Weed Applicator to do its bare ground and noxious weed spraying. While the Applicator is conducting their annual spraying activities they document infestations they find. Lastly, many of the lands that Williams operates on are also used for livestock grazing or agricultural purposes and Williams works with the lessees to document weed infestations that the lessees may identify. Weed Control — Williams uses an Integrated Weed Management Approach for the control of identified noxious weed infestations. This is made up of four control methods. These include Cultural, Mechanical, Biological, and Chemical. • Cultural — Cultural control is the use of management practices that will help to favor the growth of desirable species over undesirable species. This establislunent is accomplished by using appropriate seed mixes that reflect the surrounding area or species that have been developed and are approved for rapid stabilization of a site. Purchased seed and mulch are certified weed free to decrease the opportunity for noxious weed species to be introduced into disturbed sites. • Mechanical — Mechanical controls methods most often used by Williams include the following. Mowing, tillage, and hand pulling. However, because mechanical methods tend to be fairly labor intensive and cost prohibitive, it is not typically a preferred method but can be used in sensitive areas or areas where topography or other environmental factors may be considered prohibitive. • Biological - Biological Control Methods are the release of organisms that are known to be effective in controlling specific weed species. This method may be chosen if there is a heavy infestation of a specific species on a site. Williams will consult with the Colorado Department of Agriculture Insectary located in Palisade, Colorado when exploring control options. • Chemical — Chemical control is the use of herbicides to control weed populations. This is the primary weed control method used by Williams. Williams annually contracts a Certified Commercial applicator to apply herbicides on lease acreage. Both bare ground and noxious weed applications occur throughout spring, summer, and fall. Williams encourages the use of spot spray application on lease land to ensure vegetation diversity components are maintained. Broadcast applications are only used if a weed infestation is extremely heavy and has created a monoculture in the infested area. The use of appropriate PPE, pesticide storage, pesticide handling, spray mixtures and application rates will occur on Williams lease acreage. Monitoring — Areas where noxious weed infestations are identified and treated will be inspected over time to ensure that control methods are working to reduce and suppress the identified infestation. The sites will be monitored until the infestations are eliminated or reduced to acceptable levels. These inspections will be used to prioritize future weed control efforts. Site Specific Weed Control Plans for the PA 41-9 Well Pad A noxious weed inventory was completed for the PA 41-9 well pad on November 6, 2009. During the inventory noxious weed species from both the Garfield County and State of Colorado noxious weed lists were surveyed. Infestations of musk thistle and scotch thistle were identified during the weed inventory of well pad and associated access road. Williams will chemically treat any musk and scotch thistle infestations or individual species using a broad leaf specific herbicide (Typically a mix of Tordon and Amine 2, 4- D). This is typically done through a spot spray application directly to the individual species in order to ensure that desirable vegetation is not harmed during spraying operations. Chemical treatment will be performed in the spring prior to bud formation and followed up by a fall application to any rosettes that may have formed. The PA 41-9 well pad will also receive an annual bare ground treatment on the graveled area, around the well heads, and around the production equipment to suppress weedy species growth. The graveled, non -graveled, and reclaimed area surrounding the facility will be monitored annually for noxious weed species and they will be chemically treated at appropriate tinges if any additional noxious weed species are present. ROUSTABOUT SPECIALTIES, INC PERMANENT SEED RECLAMATION FORM Customer: /1„,/i/1/4-,..,----,7.51 T1/v1-" X356 TivU• 3333c" Location: / Z/Z- 9 - County: (;i ziJ i S tate: Date seed applied: 5 -/o -(;r7 Soil & Weather Conditions: oG•2L. • Seed application: Remarks: lcv % drilled % broadcasted Soil Preparation: / t % disc % ripped Remarks: Seed type or blend: G3i / Remarks: Fertilizer or straw mulch used and application: /WA/C.; i 64 994 -?Y/5 /rte)z?Ot Remarks: Total footage or acreage planted: -3 7-(-% Seed crew: 7, 1 %oG' i 1 ) '/ ,,J ('/:til )-‘2e5J / MEMORANDUM To: Kathy Eastley From: Steve Anthony Re: Williams Well Pad GV 82-5 Date: November 5, 2009 EXHIBIT Thanks for the opportunity to comment on this permit. My comments are as follows: Noxious Weeds Weed inventory & Mapping This has not been done. Staff requests that the applicant inventory the location using GPS technology for Garfield County listed noxious weeds. The points shall be presented on a map for review. Weed Management Plan The Plan presented is generic and not based on an actual on-site inventory. Once the inventory is complete the applicant shall present a plan based on the inventory. Revegetation Seed Mix Staff does request that the applicant make the seed tags available to Garfield County upon completion of the reseeding efforts. The seed mix in the final approved plan shall match the seed mix used in the field. Do not use a seed mix containing yellow sweet clover (Melilotus offcinalis) or annual yellow sweetclover (M. indicus). EXHIBIT To: Kathy Eastley From: Mike Shoemaker Date: November 9, 2010 RE: Williams Well Pad GV 82-5 Memorandum Response I would like to provide the following in response to the Memorandum dated November 5, 2009 regarding the GV 82-5 well pad. These responses are based on a phone conversation with Mr. Steve Anthony on Friday November 6, 2009. Noxious Weeds Weed Inventory and Mapping A Noxious Weed inventory for Garfield County and State of Colorado listed noxious weeds has been completed using GPS technology. Please see the attached map containing points that were taken during the field observation and presented on Figure 1: GV 82-5 Noxious Weed inventory. Weed Management Plans The weed management plan has been updated to include information from the on-site inventory and is attached as the Williams Weed Management Plan GV 82-5 Well Pad. Please refer to the section Site Specific Weed Control Plans for the GV 82-5 Well Pad in order to review weed control activities planned for this site. Revegetation Seed Mix Williams will provide a copy of the reclamation seed tags to Garfield County when this work is completed. It is currently anticipated that reseeding will be completed in the spring of 2010. When the seed is applied Williams ensure that the seed in the approved plan matches the seed applied to the well pad. Williams will also work with the surface owner to ensure that the seed mix to be applied on the reclaimed area does not contain any yellow sweet clover (Melilotus officinalis) or annual yellow sweet clover (M. indicus). If you need any further information please contact me at mike.shoemaker@williams.com or (970) 263-2769. Thanks, Legend Tamarisk (Saltcedar) Existing Road Existing Pad T1Projeds1PIC\Parachute0911105_GV 825_14o Williams Production RMT Figure 1:GV 82-5 Noxious Weed Inventory T7S R95W, Sections 4 & 5 November 9, 2009 ausWeedSurvey1Weeds.rrncd hhancock 11/912009 9:57:52 AM Williams Williams Weed Management Plan GV 82-5 Well Pad Noxious weed infestations may occur on lands that fall within Williams Production_ (Williams) lease boundaries. These areas include well pads, lease roads, disturbed sites, reclaimed sites, and some undisturbed areas. In order to minimize impacts that may result from the presence of noxious weeds, improve reclamation success, and ensure good land stewardship, Williams had adopted the following Integrated Noxious Weed Management Plan. The Weed management plan is designed to bring Williams into compliance with the Colorado Noxious Weed Act (C.R.S. Title 35, Article 5.5), Colorado Oil & Gas Conservation Act, and the Garfield County Noxious Weed Management Plan. Weed Management activities will primarily focus on the Garfield County Noxious Weed List. Williams' Integrated weed management plan will focus on four components of weed management. • Prevention • Inventory and Mapping • Weed Control • Monitoring Prevention - Prevention is a key component of the Williams weed management program. Williams addresses prevention in the planning, development, and operations phases of field development. Williams tries to avoid or limit ground disturbance activities when practical. If ground disturbing activities cannot be avoided, Williams tries to plan development that will avoid identified weed infestation or areas where weed establishment may be more optimal if this is practical to operations. If ground disturbing activities do occur, Williams uses temporary or permanent seed mixes that help to develop healthy stands of vegetation that can be self sustaining and deter the establishment of invasive species. Inventory and Mapping — Williams uses various means to inventory noxious weeds that fall within its lease boundaries. First, members of Williams Environmental staff are competent in weed identification and note noxious weed occurrences when they are completing field work. Second, the environmental staff works to educate field operations staff to identify weed infestations so that they can also document infestations and inform environmental staff where they are Located. If operations personnel are unsure of a suspected infestation, they contact the Environmental staff. The suspected infestation is then investigated before it is documented as an infestation. Third, Williams hires a Certified Weed Applicator to do its bare ground and noxious weed spraying. While the Applicator is conducting their annual spraying activities they document infestations they find. Lastly, many of the lands that Williams operates on are also used for livestock grazing or agricultural purposes and Williams works with the lessees to document weed infestations that the lessees may identify. Weed Control — Williams uses an Integrated Weed Management Approach for the control of identified noxious weed infestations. This is made up of four control methods. These include Cultural, Mechanical, Biological, and Chemical. • Cultural — Cultural control is the use of management practices that will help to favor the growth of desirable species over undesirable species. This establishment is accomplished by using appropriate seed mixes that reflect the surrounding area or species that have been developed and are approved for rapid stabilization of a site. Purchased seed and mulch are certified weed free to decrease the opportunity for noxious weed species to be introduced into disturbed sites. • Mechanical — Mechanical controls methods most often used by Williams include the following. Mowing, tillage, and hand pulling. However, because mechanical methods tend to be fairly labor intensive and cost prohibitive, it is not typically a preferred method but can be used in sensitive areas or areas where topography or other environmental factors may be considered prohibitive. • Biological - Biological Control Methods are the release of organisms that are know to be effective in controlling specific weed species. This method may be chosen if there is a heavy infestation of a specific species on a site. Williams will consult with the Colorado Department of Agriculture Insectary located in Palisade, Colorado when exploring control options. • Chemical — Chemical control is the use of herbicides to control weed populations. This is the primary weed control method used by Williams. Williams annually contracts a Certified Commercial applicator to apply herbicides on lease acreage. Both bare ground and noxious weed applications occur throughout spring, summer, and fall. Williams encourages the use of spot spray application on lease land to ensure vegetation diversity components are maintained. Broadcast applications are only used if a weed infestation is extremely heavy and has created a monoculture in the infested area. The use of appropriate PPE, pesticide storage, pesticide handling, spray mixtures and application rates will occur on Williams lease acreage. Monitoring — Areas where noxious weed infestations are identified and treated will be inspected over time to ensure that control methods are working to reduce and suppress the identified infestation. The sites will be monitored until the infestations are eliminated or reduced to acceptable levels. These inspections will be used to prioritize future weed control efforts. Site Specific Weed Control Plans for the GV 82-5 Well Pad A noxious weed inventory was completed for the GV 82-5 well pad on November 6, 2009. During the inventory noxious weed species from both the Garfield County and State of Colorado noxious weed lists were surveyed. Individual populations of Tamarisk were identified during the weed inventory of well pad and associated access road. Williams will mechanically and chemically treat the individual populations that were identified through the weed inventory by using the cut stump treatment method. The trees will be removed by hand and then chemically treat with a mixture of Garlon 4 and base oil. This work will be done in the fall prior to soil freezing. The GV 82-5 well pad will also receive an annual bare ground treatment on the graveled area, around the well heads, and around the production equipment to suppress weedy species growth. The graveled, non -graveled, and reclaimed area surrounding the facility will be monitored annually for noxious weed species and they will be chemically treated at appropriate times if any additional noxious weed species are present. Kathy A. Eastley From: Jim Rada Sent: Monday, November 09, 2009 10:10 AM To: Kathy A. Eastley Subject: Williams GV 82-5 and 41-9 well pads, SUP application Attachments: Jim Rada Qrada@garfield-county.com).vcf Hello Kathy, EXHIBIT Having reviewed the materials you sent me regarding this application, I offer the following comments: • Williams makes no mention of Volatile Organic Compounds (VOC) emissions from their operations. VOC emissions from oil and gas operations are regulated by the CDPHE APCD under APCC Regulation 7. Under this regulation, VOC emissions from condensate tanks in Garfield County greater than 20 tons per year require the operator to file a permit application and to control these emissions using appropriate technology. These regulations require similar controls on glycol dehydrators that emit greater than 15 tons per year. It may be that these well pads may not generate enough condensate or emit enough VOC to meet these thresholds but I believe that perhaps some explanation by Williams is warranted in Tight of the proximity of particularly GV 82-5 to the populated areas around Battlement Mesa and Parachute. • In order to address potential odor issues and to alleviate exposure concerns, several companies operating in Garfield County have voluntarily adopted a policy of installing VOC emission controls on well pad facilities near residential areas even when emissions are far below regulated levels. Most have used a figure of 1000 feet as the distance for activating this policy. I am not aware that Williams has adopted such a policy. If not, I encourage the County to ask for this consideration as a condition of approval. Thanks for the opportunity to review this application. Jim Rada, RU115 Environmental Health Manager Garfield County Public Health 195 W 14th Street Rifle, CO 81650 Phone 970-625-5200 x8113 Cell 970-319-1579 Fax 970-625-8304 Email jrada angarfield-county.com Web www.garfield-county.com 1 rz Z( )2,a) 7 3/ ,A 4 nitc c Ic - 3 A „ 7 ce.---(1-e--t-,- 9 2 / L /7 /-7 () L ' ) ( L ef" , c RECEIVED NOV 0 3 GAW.1.10 COUNTht BLLDN & PLANNING //t&e Sade a 711.kot ,ridge Gds. Sateluxart ?Kean, e0 81635 November 1, 2009 Garfield County Planning Department Garfield County Plaza Building 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Gentlemen: EXHIBIT (A4 �111FD NOV 0 3 2 09 GARS= cz.D COUNTY BULDING & PLANNING I have several comments and suggestions regarding Williams Production's operating two well pads within the Battlement Mesa PUD without a permit and other concerns about how the gas industry is affecting our otherwise pleasant and quiet place to live. I have lived here 10 years. 1. Whose responsibility is it to make sure permits have been obtained before drilling can begin? Apparently, whatever county agency is responsible has fallen down on the job. Battlement Mesa residents should be able to rely on their elected officials to make sure things are being handled properly and the residents should have a vote on what can and cannot be done. 2. The public hearing on November 18, 2009, should be held in Battlement Mesa, where the drilling is taking place and where the residents will be impacted. Many of the residents living in Battlement Mesa are retirees and older folks who do not drive on the highway at night. The meeting place should be convenient for them to attend, such as the Activity Center in Battlement Mesa or the new fire station. The notice we received from Williams makes it sound as though the meetings are being set up for the convenience of any companies who want to drill within the PUD to apply for a permit. In the first place, Antero should never have been given permission to drill within the PUD of Battlement Mesa. My understanding of PUD is an area set aside for residential and business construction. Has Antero acquired the necessary permits to drill in the PUD? The meeting we attended showed a map of 10 well pads planned for the future. No company should be allowed to drill within the PUD. Page 2 Would any of you, wherever you live, want drilling to be permitted in the PUD of your city? Or would you like to have a well drilled within 200 feet of your home, which I understand is the distance required by the state? Garfield County doesn't seem to have the interest of the residents at heart. They seem to be interested only in letting the gas industry take over and ruin the area for whatever revenue they can collect as a result. Sincerely, �l d [acs . Mable A. Sanders EXHIBIT v October, 27 2009 To: Garfield County Planning Commission Regarding Public notice Williams Production RMT Company request to change for extraction natural resources at GV 82-5 and PA 41-9. This Company is the best for considering the impact they have on our property values here in Battlement Mesa. Their record speaks well for us and we need this industry here in the Grand Valley. This will help us keep our property values up more than any other thing that T can think of. What bothers me is the statement that says they have been operating without county permits. Why does this happen and what should be done to correct it? The responsible party should be fined for not following the law. This whole thing looks like an exercise in futility. What difference will it make at this point if we disapprove of the action? Austin J. Cowan 42 Aster Court Parachute, CO 81635 Ph. 970-285-7357 RECEIVED OCT 2 92009 GARFIELD COUNTY BUILDING & PLANNING 4` • , t U. NT3 1/4.i GP\ BU\I.V:1‘\\G - 1‘ • .(=& 1.412 JeA,74- /' )/1) 1791,7_4_,) 2,Lz A , -74 REC OCT 2 %009 GARFIELD COUNTY BUILDING S. PLANNING OCTOBER 21, 2009 GARFIELD COUNTY PLANNING COMMISSION GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS 108 8T" STREET #401 PLAZA BUILDING GLENWOOD SPRINGS, COLORADO To WHOM IT MAY CONCERN: REGARDING THE PARCELS ON PUBLIC NOTICE (COPY ATTACHED), MY FAMILY HAS HELD MINERAL LEASES SINCE THE LATE 1940'S. THE LEASES BECAME THE PROPERTY OF MY SISTER AND MYSELF AFTER THE DEATHS OF OUR PARENTS. BOTH IN 1962. SAID LEASES ARE NOW WITH WILLIAMS EXPLORATION RMT COMPANY FOR THE DERIVATION OF INCOME AS WE BOTH ARE IN OUR UPPER SEVENTIES WITH HEALTH ISSUES AND DESPERATELY NEED THE INCOME. WE RESPECTFULLY REQUEST THAT BOTH THE PLANNING COMMISSION AND THE COUNTY COMMISSIONERS APPROVE THE REQUESTS AS OUTLINED IN THE PUBLIC NOTICE. SINCERF'I ,Y 1/(W, 41WILLIAM E. BAKKE 16045 EAST ITHACA PLACE #A AURORA, COLORADO 80013 - 2646 (303) 766-0216 October !L?, 2009 Williams 1058 CR #215 PO Box 370 Parachute CO 81635-0307 RE: Public Notice info. Certified Mail of 1t1f1 /109 The Parachute US Mail Carrier did not make an effort on delivering the above. I was at home. On calling US Post Office, I was informed that there was a large Number of certified letters and carrier unable to notify residents.. 10/20 an inconvenient trip to Parachute Post Office to pick tip the above. Same reason given again for lack of notifying resident. I feel this is great injustice to the public on non-delivery. Proves why the US Postal service is in the RED. I was informed "if itr not picked up within 15 days — certified ltr to be trashed. Williams has done their part on notifying public of future drillings, etc. Keep up the excellent work and DRILL, DRILL, DRILL. Sincerely yours, r tcec. i^ec�L'c a,.illral.L1 "L,61 UlV 48 E Bonanza PL Parachute, CO 81635 CL: Planning Commission Public Hearing — County Commissioners Meeting loom Garfield County Plaza Building 108 8th St Glenwood Springs Colorado 81601 EXHIBIT I will be out of state on Nov. 18 when the Planning Commission has their hearing for the Williams Prod. Co. wells in the PUD of Battlement Mesa. This is what I intended to say during the open comments' period. Please have someone read this orally to the commission. To be said at the Williams' Hearing in Front of the Planning and Zoning Commission of Garfield County My name is Sandy Getter, and I live at 68 Meadow Creek Drive, Parachute, CO actually in Battlement Mesa. I'm NOT here representing any organized group, but I'm speaking on behalf of the numerous citizens of Battlement Mesa upset that Williams has drilled in our Planned Unit Development (PUD) without the required Special Use Permit (SUP.) We feel that our past elected officials—who are supposed to protect the public's health and safety—let us down, and we hope you will rectify their errors. When my husband and I bought our property in 1998 from Battlement Mesa Co./Partners, we were led to believe that the open space in our PUD was a greenbelt area—sort of a buffer to prevent unsightly activity or storage. Now we find out that Williams Production Co. has been drilling in the PUD almost 20 years! When you look at an aerial view of our PUD, the Williams well pads are quite distinctive—one below #14 of the golf course and another in a pocket toward Morrisania. Why did it take so long to note this problem? From my experience, any claims of ignorance about regulations are hard to believe over a 20 -year period. For instance, in August of this year 1 was at a Battlement Mesa Service Association (BMSA) meeting where Eric Schmela of Battlement Mesa Co./Partners told a resident, Sara Perdue, who wanted a beauty shop in her home, that our PUD was set up so that commercial would be separate from residential, and only a vote of all the people here could change that. Garfield County told her the same thing, that commercial and residential were set up in separate areas because Battlement Mesa was set up as a special PUD. If officials know regulations concerning mom-and-pop beauty salons, how did a HEAVY INDUSTRIAL operation like drilling, near homes, the golf course, etc., continue so long without notice? This seems a bit incongruous. Therefore, my friends and I are asking for an internal investigation regarding this oversight that occurred at the county level so that this error does not happen again. With so many parties involved and the length of the discretion, this case should not be glossed over as an oversight. I believe if the commission allows Williams to continue their unauthorized activity, it would be a further disregard to our community. NO precedent should be set for further drilling in the PUD just because a drilling company asks for "forgiveness" instead of asking for "permission." ,CEI t7 NOV k 02009 i, }^ G! L/ ARF t�LLD COUNTY BUILDING ; PLANNING In my opinion, Battlement Mesa citizens deserve compensation for Williams' invasive drilling. Since these violations have been ongoing for almost 20 years I think the projects like the ones below would help defer the disregard to our health and community: 1. Putting in a 4 -lane bridge over the Colorado River and 4-laning the entrance to our subdivision 2. Building a bridge over the railroad tracks at the west entrance after the on and off ramps are completed, and eventually building a bridge over the Colorado River to connect to the back (west) entrance to Battlement Mesa, by the RV Park. 3. Making a sizable donation to fund future repairs and maintenance on our Activity Center Thank you for listening, and again, I urge you to delay drilling operations until Williams complies to the same standards as any other drilling company as required in the oounty's SUP and the state's Comprehensive Drilling Plan. Sincerely, Sandy Getter November 4, 2009 Planning Department County Commissioners Meeting Room Garfield County Plaza Building 108 8th Street Glenwood Springs, Colorado 81601 Dear Commissioners: Nov O'3 2009 GARFIEL3:. C.:-°. BL LDING & P We are writing in response to the PUBLIC NOTICE regarding Williams Production RMT Company. While we do not object to Williams drilling, we very much oppose them doing so without permits. They should be penalized enough to impress upon them that they cannot continue to do business in this area without following the necessary rules and regulations. Perhaps, a substantial fine is in order. Regards, Janell M. Terrall 250 Limberpine Circle Parachute, CO. 81635 Thomas G. Terrall Kathy A. Eastley From: Dave Devanney [dgdevanney@comcast.net] Sent: Wednesday, November 11, 2009 2:45 PM To: Kathy A. Eastley Subject: Williams P & Z hearing issues Attachments: Discussion Topics for GarCo Planning and Zoning.doc EXHIBIT A7rbcNMZi Ms. Eastley — Attached is a list of questions for you as well as some of our comments regarding Williams drilling in the Battlement Mesa PUD without a Special Use Permit. We can discuss these at the meeting tomorrow at 2PM. Thanks, Dave Devanney Battlement Concerned Citizens Discussion Topics for GarCo Planning and Zoning Who are the P & Z Commissioners? How are they selected? What are their terms? Regarding the Williams drilling in the PUD without a SUP — Is the purpose of the hearing simply to consider approval of the tardy application? Or is the hearing to determine what if any penalty will be imposed? Can the permit be granted with conditions — which could be a monetary fine? When was each of the well -pads initially developed? Who approved the county permits, if any? Who at the county is responsible for enforcing SUP's? Does the county have any prescribed penalties for failure to obtain a SUP? Are any penalties purely discretionary? Who decides if there is to be a penalty? Can a monetary fine be imposed? If so, what is the basis? Can the SUP application be denied? What if any criteria is used to determine the penalty? What precedents are there for failure to obtain a SUP? Who? When? What? What factors do the P&Z staff consider when making a recommendation to the commission? Does the commission usually follow the staff recommendation? Does the BOCC usually follow the commission recommendation? Assuming the COGCC approved a permit to drill, should they have known a SUP was required? Does the APD to COGCC indicate that all applicable permits have been obtained? Who on COGCC staff recommended approval of the APD? Who on Williams staff is responsible for the submitted APD? What is the staff recommendation to the P&Z Commission? COMMENTS Failure to obtain the required permit, by a gas drilling operator, is a serious violation. The primary regulation mechanism for a gas drilling operator is permitting. Both the county and particularly Williams appear to be at fault. Williams is in the business of producing natural gas and must be aware of all regulatory requirements. Violations of county regulations must have a penalty. Ignorance is not a defense — in a court room or at the county. Without a penalty there is no incentive to obtain the required permits. It cannot be "easier to ask forgiveness than to ask permission." The only way to discourage violations is to make it more expensive than following the rules. BATTLEMENT CONCERNED CITIZENS Battlement Mesa, Colorado November 17, 2009 Garfield County Planning Commission 108 Eighth Street Glenwood Springs, CO 81601 RE: Public Hearing for Williams SUP at GV 82-5 and PA 41-9 Dear Commissioners: We are the Battlement Concerned Citizens (BCC), a group of Battlement Mesa residents that are concerned about the impact of the gas drilling industry upon our community and specifically the health effects on our citizens. We have been distressed since the May 27, 2009 meeting that announced plans for ten (10) well pads and up to 200 natural gas wells within our community. Our feelings of outrage and frustration were further heightened when we later learned that another operator, Williams Production RMT Company, had already been drilling within the PUD — without the required Special Use Permit (SUP) — for nineteen years! The Garfield County Planning Department has done an excellent job developing their recommendations regarding a controversial SUP application. We have received a copy of the staff recommendations and offer the following comments and questions. GENERAL COMMENTS 1. Permitting is the primary mechanism by which the county regulates the energy extracting industry. To allow drilling in our community — for over nineteen years - without the necessary SUP is unacceptable. It is difficult to believe that both the applicant (Battlement Mesa Land Investment Partners) and the operator (Williams) were not aware of this fact. The applicant certainly knew their land was in the PUD. The operator is a large, successful and profitable company that has a staff of experts to ensure that all regulations are followed. Of course the county staff at that time did not do their job to protect public health and safety from a hazardous industry. We see this as a serious failure of the regulatory system and feel that a significant penalty is appropriate. Without a penalty there is no incentive to obtain required permits in advance. The only way to avoid future violations is to make it more expensive than following the rules. Garfield County must not create the impression that "it is better to ask forgiveness than to ask permission." Therefore we request that a monetary penalty of both the applicant and the operator be recommended to the BOCC. 2. We request that the Planning Commission ask the Planning Department staff to conduct an internal audit to determine how many instances there are of permits being issued "after the fact." This would help to determine if there is a systemic problem. 3. We request that the Planning Commission ask the Planning Department staff to review existing permitting procedures and modify them as needed to ensure that this type of system failure does not happen again. APPLICATION COMMENTS 4. The staff and Environmental Health Manager recommend that Volatile Organic Compound (VOC) emission controls be installed on both well pads. While we wish this had been done 19 years ago, we support this recommendation. We further request that a plan for environmental monitoring of air and water supplies in both areas be required. 5. The staff recommendation of requiring annual reporting by the applicant seems inadequate. It would seem that quarterly reporting by the operator would be more appropriate and we request that the commission ask for such reporting. 6. Section 9.03.02 Fee is conspicuously blank. It would seem that as is the case with most other county resource usage, a fee by the user should be required. If indeed there is no fee required for a Special Use Permit, to help offset the considerable expense of the staff work done, we request that the commission ask the BOCC to consider imposing such a fee. 7. The staff recommends that any materials resulting from the extraction and processing activity shall be removed from the site. We agree and would specifically require that the extraction pit contents and liner at GV 82-5 be disposed of in an approved manner. If the completed well pad at PA 41-9 had an extraction pit that has already been removed, testing of the soil at that site should be required. We request that the Commission ask the BOCC for such provisions. 8. The regulations and requirements are directed at the operator but we all know that the majority of the actual field work is done by sub -contractors. Unless this issue is covered elsewhere, we request that the Commission stipulate that any sub -contractor of the operator will be held to the same requirements as the operator. 9. The staff report indicates that the f accing fluid chemicals are identified in the application. We request that the Garfield County Environmental Health Manager be asked to examine that list to determine if any are toxic or carcinogenic. If any of the chemicals used are toxic or carcinogenic, we further request that adjacent water supplies, such as the Colorado River and public and private water wells be tested on an ongoing basis for those chemicals. 10. Periodic Review, as specified in section 9.03.05, is assumed to mean an on-site, physical inspection by a county staff person and we recommend that such clarification be included. The specified frequency of not less than every six months seems inadequate for well -pad GV 82-5. We request that the Commission recommend an immediate on-site inspection of that well -pad and monthly re -inspections thereafter, until completion has occurred. 2 11. The regulations specify that the County Commissioners may require security before an SUP is issued. If the Commission requires that the operator perform tasks that were not previously planned, it would seem appropriate to require the operator and/or applicant to provide a bond or equivalent in an amount sufficient to ensure that all site rehabilitation work is completed. We request that the Commission recommend to the BOCC that a security bond be required, in such an amount as to be calculated by the Planning Department staff We appreciate the opportunity to present our issues and concerns to you and hope they are received in the manner in which they were intended; namely, to help protect the public health and safety of our citizens and to correct a problem that we all hope will never happen again. Sincerely, Battlement Concerned Citizens Dave Devanney, Co -Chair 970-285-2263 dgdevanney(d)comcast.net Ron Galterio, Co -Chair 970-285-0243 mrgalterio a aol.com 3 BATTLEMENT CONCERNED CITIZENS Battlement Mesa, Colorado November 17, 2009 Garfield County Planning Commission 108 Eighth Street Glenwood Springs, CO 81601 RE: Public Hearing for Williams SUP at GV 82-5 and PA 41-9 Dear Commissioners: We are the Battlement Concerned Citizens (BCC), a group of Battlement Mesa residents that are concerned about the impact of the gas drilling industry upon our community and specifically the health effects on our citizens. We have been distressed since the May 27, 2009 meeting that announced plans for ten (10) well pads and up to 200 natural gas wells within our community. Our feelings of outrage and frustration were further heightened when we later learned that another operator, Williams Production RMT Company, had already been drilling within the PUD — without the required Special Use Permit (SUP) — for nineteen years! The Garfield County Planning Department has done an excellent job developing their recommendations regarding a controversial SUP application. We have received a copy of the staff recommendations and offer the following comments and questions. GENERAL COMMENTS 1. Permitting is the primary mechanism by which the county regulates the energy extracting industry. To allow drilling in our community — for over nineteen years - without the necessary SUP is unacceptable. It is difficult to believe that both the applicant (Battlement Mesa Land Investment Partners) and the operator (Williams) were not aware of this fact. The applicant certainly knew their land was in the PUD. The operator is a large, successful and profitable company that has a staff of experts to ensure that all regulations are followed. Of course the county staff at that time did not do their job to protect public health and safety from a hazardous industry. We see this as a serious failure of the regulatory system and feel that a significant penalty is appropriate. Without a penalty there is no incentive to obtain required permits in advance. The only way to avoid future violations is to make it more expensive than following the rules. Garfield County must not create the impression that "it is better to ask forgiveness than to ask permission." Therefore we request that a monetary penalty of both the applicant and the operator be recommended to the BOCC. 2. We request that the Planning Commission ask the Planning Department staff to conduct an internal audit to determine how many instances there are of permits being issued "after the fact." This would help to determine if there is a systemic problem. 3. We request that the Planning Commission ask the Planning Department staff to review existing permitting procedures and modify them as needed to ensure that this type of system failure does not happen again. APPLICATION COMMENTS 4. The staff and Environmental Health Manager recommend that Volatile Organic Compound (VOC) emission controls be installed on both well pads. While we wish this had been done 19 years ago, we support this recommendation. We further request that a plan for environmental monitoring of air and water supplies in both areas be required. 5. The staff recommendation of requiring annual reporting by the applicant seems inadequate. It would seem that quarterly reporting by the operator would be more appropriate and we request that the commission ask for such reporting. 6. Section 9.03.02 Fee is conspicuously blank. It would seem that as is the case with most other county resource usage, a fee by the user should be required. If indeed there is no fee required for a Special Use Permit, to help offset the considerable expense of the staff work done, we request that the commission ask the BOCC to consider imposing such a fee. 7. The staff recommends that any materials resulting from the extraction and processing activity shall be removed from the site. We agree and would specifically require that the extraction pit contents and liner at GV 82-5 be disposed of in an approved manner. If the completed well pad at PA 41-9 had an extraction pit that has already been removed, testing of the soil at that site should be required. We request that the Commission ask the BOCC for such provisions. 8. The regulations and requirements are directed at the operator but we all know that the majority of the actual field work is done by sub -contractors. Unless this issue is covered elsewhere, we request that the Commission stipulate that any sub -contractor of the operator will be held to the same requirements as the operator. 9. The staff report indicates that the fraccing fluid chemicals are identified in the application. We request that the Garfield County Environmental Health Manager be asked to examine that list to determine if any are toxic or carcinogenic. If any of the chemicals used are toxic or carcinogenic, we further request that adjacent water supplies, such as the Colorado River and public and private water wells be tested on an ongoing basis for those chemicals. 10. Periodic Review, as specified in section 9.03.05, is assumed to mean an on-site, physical inspection by a county staff person and we recommend that such clarification be included. The specified frequency of not less than every six months seems inadequate for well -pad GV 82-5. We request that the Commission recommend an immediate on-site inspection of that well -pad and monthly re -inspections thereafter, until completion has occurred. 2 11. The regulations specify that the County Commissioners may require security before an SUP is issued. If the Commission requires that the operator perform tasks that were not previously planned, it would seem appropriate to require the operator and/or applicant to provide a bond or equivalent in an amount sufficient to ensure that all site rehabilitation work is completed. We request that the Commission recommend to the BOCC that a security bond be required, in such an amount as to be calculated by the Planning Department staff. We appreciate the opportunity to present our issues and concerns to you and hope they are received in the manner in which they were intended; namely, to help protect the public health and safety of our citizens and to correct a problem that we all hope will never happen again. Sincerely, Battlement Concerned Citizens Dave Devanney, Co -Chair 970-285-2263 dgdevanney(`cr�,comcast.net Ron Galterio, Co -Chair 970-285-0243 znrgalterio cgaol.com 3 Ronald and Mary Gafterio 12 Po« yJ Court Battlement Mesa, CO 81635 November 18, 2009 Garfield County Planning Commission 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 RE: Special Use Permit Public Hearing Williams Production RMT Co. GV 82-5, PA 41-9 Dear Planning Commissioners, We hereby request that you recommend denial of the above referenced Special Use Permits in accordance with Section 5.03.11 of Garfield County Zoning Resolution of 1978. We believe that a heavy industrial operation such as oil or gas exploration, extraction and production within the Battlement Mesa PUD would in fact be extremely injurious to the established residential character of Battlement Mesa. An industrial operation of this magnitude has no place in a residential community. While the illegal operations of the Williams Company have continued in the PUD for years, it has had minimal effect on the residents and community due to the currently remote and undeveloped areas they are operating in. However, to allow their operations to continue would have significant adverse impacts on future development in those areas of the PUD. Although it took the County many years to discover the violations of these operations, we feel that the maximum fines allowable should be imposed on the applicant and the operator. We also feel that operations of this nature are hazardous to the public health, safety and welfare of the residents of the Battlement Mesa and Parachute communities. If however, you do determine that recommending approval of these Special Use Permits would be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the residents of Battlement Mesa and the citizens of Garfield County, we further request that you recommend adopting the following items as conditions of approval: Page 1 1. Require that a substantial bond be posted with the County to ensure compliance with all provisions of the SUP. 2. Prohibit unacceptable and continuous noise levels, which impact humans and wildlife, and limit the levels to current ambient levels. 3. Require absolute protection of ground water and prohibit drilling in or through fresh water aquifers, or within hydrologic reach of domestic water wells. 4. Prohibit open waste pits and require closed loop systems for all phases of operation. 5. Require all new equipment to be installed on all well sites. 6. Require electric motors, landscaping and fencing on all well sites. 7. Prohibit open flaring. 8. Prohibit the release of air pollutants, including hydrocarbons, and carbon dioxide. 9. Require baseline monitoring of air and water quality before any drilling operations begin. 10. Require comprehensive continuous air, water, and soil quality monitoring at all well sites during all phases of operation. 11. Require remote alarm systems and emergency notification to citizens for fluid or gas leaks, especially hydrogen sulfide. 12. Require full disclosure of materials used in drilling and fracturing processes. 13. Regulate well pad size and surface damage with reclamation requirements that go beyond reseeding and require the actual growth of native plants. 14. Plan and enforce restricted traffic routes for industry vehicles to minimize pollution, noise, and reduce the road maintenance tax burden. 15. Prohibit well locations in arroyos, riparian areas, or within areas susceptible to flooding. 16. Require that a buffer of not less than one thousand feet be instituted between any well operation and any residence, business, religious institution, public building, hospital or school, regardless of mitigating circumstances. 17. Provide for strong enforcement and penalties for non-compliance with any and all provisions of the SUP. Thank you for the opportunity to express our concerns over this very disconcerting matter. Sincerely, j Ronald Galterio gl- Mary Galterio Page 2 November 13th, 2009 EXPLORATION & PRODUCTION 1058 CR 8215 P.O. Box 370 Parachute, CO 81635-0370 9701285-9377 970/285-2047 fax The COGCC Regulations recommend VOC emission controls within % mile of a structure as a safe harbor to avoid enforcement in the case of an Odor Complaint. Only the CDPHE through its Regulations (Reg. 7 in this case) has the delegated authority from EPA to require VOC emission controls if certain thresholds are triggered. Nonetheless, Williams' general policy is to put VOC emission controls on facilities within a rnile of a structure. For the GV 82-5 pad, there is already an emission control device on the well pad facilities. On the PA 41- 9, the production from this facility does not warrant an emission control device on the production equipment: However, Williams does have a dehydrator at this location, and Williams is in the processes of controlling the emissions at the dehydrator to a 95% control efficiency. Rick Matar Air Quality Practice Lead Denver Region (0) 303/606-4366 (M) 720/308-4901 Williams Production RMT Company GV 82-5 MIR Garfield Colin EXHIBIT Question 1: There appears to be a discrepancy in determining the area upon which the extraction a activity is occurring. Perhaps it is not so much of an area question as it is the definition of "well pad". For example, the SUA limits the well pad to 200 x 300 (1.377 acres); the COGCC reclamation is for 2.27 acres; disturbed area identified in several of the studies, including the SWMP, states 2.77 acres. There is a .5 -acre discrepancy what is occurring in that area? The COGCC reclamation area as shown in the attached exhibit, 2.27 acres, represents the planned outer perimeter of the reclamation area. After the drilling and completion operations are complete, the area of the drilling pad not needed for ongoing production will be re-contoured and seeded. The 2.77 acres stated in studies like the SWMP represents the as - built, disturbed area also shown in the plat to the right. The 0.5 acre discrepancy is the difference between the planned disturbed area and the actual disturbed area. Anns Response yesterday The well pad (identified as 200 x 300 in the SUA) typically refers to the area of the oil and gas location that is level and where the drilling rig and related equipment is located. It does not refer to the entire area of disturbance. The COGCC reclamation area of 2.27 acres was the initial anticipated. The 2.77 acres, area viewed in green, represents the as -built, disturbed area. The actual interim reclamation area will be re-contoured and reseeded once operations permit. The fencing will be located around the Well heads and Production Equipment as per the SUA and the described in the plat. `$Y Existing' vvols; se2rators ' d Telemetly,. bustor` i>oCt)emtcal In•jection, 'Pulips and T'anlcs Legend • Existing Road •—«— Existing Overhead Electric 11-x- Fence Production Pad (1.44 acres) Interim Rec Iarretl0f Area (2.77 Acres) r,M.ct,1ICV10c1tt09011t 6V6249U1,91rylmelft;Y.hhre 111tWtt t11t0'W995t04A0 M fl lam s Production PM T GV 82-5Interim Reclamation and Production PadAreas Date Prepared: November 17, 2009 Willfiams. Williams Production RMT Company GV 82-5 MIR Garfield County, Colorado Question 2: In our review we are utilizing the Drill Rig Layout, sheet 4 by Bookcliff Survey Services, Inc., as the proposed "site plan" for the use, This site plan does not agree with the actual on-site locations of improvements, nor does it indicate the COGCC-approved well pad area. If there is another graphic that you would like to use as the official "site plan" please let me know where it is located in the submittal documentation. For clarification purposes, the drill rig and all ancillary drilling equipment and materials, are considered to be construction equipment for the purpose of constructing a well and should not be viewed as stationary improvements to the site. As standard operating practice, all construction equipment and associated drilling materials are dynamic, subject to continual and extensive movement within the well pad area. The Drill Rig Layout, denoted as Sheet 4, provides a typical layout of the construction equipment associated with the drilling operation; however, the equipment shown on the sheet should not be viewed as stationary or fixed. COGCC does not require drilling equipment and associated drilling equipment and materials to remain in a fixed position on the well pad. The Floor Drilling platform, for example, will move along the entire axis, and side-to-side, of the well bore locations to center the drill rig above each proposed well bore. As the Floor Drilling platform moves, so does other construction equipment components and materials. '0eemicai O'injection , o Pumps and Tanks Legend -- &lain Remit .--e— &sE* d.a1' d Electric •--w- rents Prodrdbn Pad dale eves) IrierMReclarreNmAroo R,11 Ames) ga%Mryw.w.. .111 ovC4:3e.allon...9..r. 11.106 II fl MU. Williams Production RMT GV 82-5 Interim Rectamatton and Production PadAreas Date Prepared: November 17, 2009 Willlliams. A site plan, to the left, has been prepared which shows planned improvements to the site after the construction equipment and temporary housing has been removed and includes the platted boundaries as submitted to COGCC. The improvements include wellheads, separators, telemetry equipment, solar panels, tanks, secondary containment structures, dehydrators, injection pumps, piping and valves. (Let's list everything we want on the pad) As a comment, the site plan showing planned improvements to the site, after the construction equipment and temporary housing has been removed, may serve as the "official" site map. The Drill Rig Layout, denoted as Sheet 4 from the survey plat package submitted in the MIR, should be used as a description of the typical layout or inventory of the construction equipment associated with the drilling operation subject to the dynamics described above. Finally, temporary housing locations and associated details depicted on the engineer's drawing and inspection report, as submitted under Garfield County's Small Temporary Employee Housing Administrative Checklist, should be relied on to accurately depict the location of the temporary housing; and as certification that housing and associated components, such as wildlife -proof trash receptacle, have meet the County's requirements. See Question 7 on Wildlife Trash Receptacle. Williams Production RMT Company GV 82-5 MIR Garfield County, Colorado Question 3: if activity is occurring outside of the well pad that activity is subject to County review and approval. In particular, the reclamation and bonding with the COGCC does not include the total disturbed area therefore the County will require a reclamation plan and bonding that area outside of COGCC review. The total area disturbed by Williams' oil and gas operations is covered by the $800,000.00 bond by held by the COGCC. In particular please note that under the 700 Series Rules of the COGCC Regulations (Financial Assurance, Section 706 provides as follows: Prior to commencing the drilling of a well, an operator shall provide financial assurance to the Commission to ensure the protection of the soil, the proper plugging and abandonment of the well, and the reclamation of the site in accordance with the 300 Series of drilling regulations, the 900 Series of E&P waste management, the 1000 Series of reclamation regulations, and the 1100 Series of flowline regulations. Williams' has in place with the COGCC a $100,000 statewide blanket bond pursuant to Section 706. In addition, under the Reclamation Regulations set forth in the 1000 Series Rules of the COGCC, Section 1001(a) of the COGCC regulations provides as follows: a. General. The rules and regulations of this series establish the proper reclamation of the land and soil affected by oil and gas operations and ensures the protection of the topsoil of said land during such operations. The surface of the land shall be restored as nearly as practicable to its condition at the commencement of drilling operations. Question 4: It would appear that impact to wetlands has occurred by this use (Section 3.3.15. Wildlife Impacts — last page). Please verify this fact and, if so, provide the U.S. Army Corps of Engineer 404 permit. The GV 82-5 drill site was originally constructed by Barrett Resources in 1990. Prior to expansion of the GV 82-5 well pad, the site was evaluated for wetlands impacts and concerns. All expansion activities have occurred to avoid wetland areas and there have been no impacts to wetlands. Question # 5: The submittal documentation includes a photograph of the GV 82-5 derrick with a home in the background. Where is that home located and what is distance separating the two? Williams Production RMT Company GV 82-5 MIR Garfield County, Colorado Legend Proposed Pad Existing Road Vv Hams Production RMT GV 82-5 Proximity Map Date Prepared: November 12, 2009 t:7 pyrpy+p Cttarao1*V9111t1 OV 626sulslppkme,TWofre.mzo 1 la "not 1/n 2cm96'. PWJ A!! The home in the background of this photo is located in "The Reserve" Village of the Battlement Mesa PUD. the distance is approximately 1,158 feet as a straight line from the center of the pad to the house. This distance is illustrated by the map to the left. The elevation difference of 200 feet increases the 1,158 distance to the house slightly. Question 6: The SUA and BMP's related to wildlife impact require fencing and/or locked gates. I don't recall seeing fencing or a gate at the GV site, although I did see both at the PA site. The cuttings trench was fenced to exclude both wildlife and livestock. No fluid pits were constructed at the GV 82-5 pad site. In accordance with the BMP list, a locked gate is located at the entrance to the private property near the county road. This gate will reduce traffic on the access road to the GV 82-5, thereby reducing disturbance to wildlife on the property. Upon completion of drilling operations, interim reclamation will take place and fencing around the production Equipment and Well Head. Williams Production RMT Company GV 82-5 MIR Garfield County, Colorado Question 7: The drill rig layout (site plan) included as part of the Temporary Housing permit is different from the site plan contained within the submittal documentation. I don't recall seeing a wildlife -proof trash receptacle on- site. Is/was it really located behind all of the tanks on the side of the rig? Why would it not be located more proximate to the trailers? The site was inspected by a registered professional engineer on September 1, 2009 and a wildlife -proof receptacle was identified as being onsite and was located on the engineer's drawing. The trash receptacle is located on the GV 82-5 well pad and is attested in the engineer's inspection report. Trash receptacles are generally placed on the well pad at locations in close proximity to where drilling material wrappings and containers are discarded. Question 8: The submittal does not include a site plan that indicates all of the improvements, and correct locations of improvements, on the site. This would help immensely in our review and, if approved, a site plan is required as an attachment to the resolution. Please submit a plan that is complete and correct. A site plan, has been prepared which shows planned improvements to the site after the construction equipment and temporary housing has been removed and includes the platted boundaries as submitted to COGCC. (See plat from Question 2)The improvements include wellheads, separators, telemetry equipment, solar panels, tanks, secondary containment structures, dehydrators, injection pumps, piping and valves. (Let's list everything we want on the pad) The site plan showing planned improvements to the site from Question 2 displays after the construction equipment and temporary housing has been removed, may serve as the "official" site map. The Drill Rig Layout, denoted as Sheet 4 from the survey plat package, should be used as a description of the typical layout or inventory of the construction equipment associated with the drilling operation subject to the the questions above. Question 9: A plan was provided which shows the PUD and the two well pads with a 250' buffer. It is my understanding that the SUA requires a 200' buffer from structures, and County the notice requirements are for 200' - so I am not sure what this map is for, or why a 250' buffer is indicated. This map reflects the surface ownership regarding notification for the Garfield County Assessor's parcel number 2407-081-00-152. Per the pre application meeting, Deborah Quinn, County Attorney, defined that Williams must notice all surface owners within a 200 foot radius of the entire parcel and the Mineral Owners under the Surface locations of the GV 82-5 and PA 41-9. Williams utilized this map to assure that all landowners within 200 feet were notified and Williams extended the radius to 250 feet to make sure all owners were noticed. Ronald and Mary Galterio 12 Poppy Court Battlement Mesa, CO 81635 November 18, 2009 Garfield County Planning Commission 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 RE: Special Use Permit Public Hearing Williams Production RMT Co. GV 82-5, PA 41-9 Dear Planning Commissioners, We hereby request that you recommend denial of the above referenced Special Use Permits in accordance with Section 5.03.11 of Garfield County Zoning Resolution of 1978. We believe that a heavy industrial operation such as oil or gas exploration, extraction and production within the Battlement Mesa PUD would in fact be extremely injurious to the established residential character of Battlement Mesa. An industrial operation of this magnitude has no place in a residential community. While the illegal operations of the Williams Company have continued in the PUD for years, it has had minimal effect on the residents and community due to the currently remote and undeveloped areas they are operating in. However, to allow their operations to continue would have significant adverse impacts on future development in those areas of the PUD. Although it took the County many years to discover the violations of these operations, we feel that the maximum fines allowable should be imposed on the applicant and the operator. We also feel that operations of this nature are hazardous to the public health, safety and welfare of the residents of the Battlement Mesa and Parachute communities. If however, you do determine that recommending approval of these Special Use Permits would be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the residents of Battlement Mesa and the citizens of Garfield County, we further request that you recommend adopting the following items as conditions of approval: Page 1 1. Require that a substantial bond be posted with the County to ensure compliance with all provisions of the SUP. 2. Prohibit unacceptable and continuous noise levels, which impact humans and wildlife, and limit the levels to current ambient levels. 3. Require absolute protection of ground water and prohibit drilling in or through fresh water aquifers, or within hydrologic reach of domestic water wells. 4. Prohibit open waste pits and require closed loop systems for all phases of operation. 5. Require all new equipment to be installed on all well sites. 6. Require electric motors, landscaping and fencing on all well sites. 7. Prohibit open flaring. 8. Prohibit the release of air pollutants, including hydrocarbons, and carbon dioxide. 9. Require baseline monitoring of air and water quality before any drilling operations begin. 10. Require comprehensive continuous air, water, and soil quality monitoring at all well sites during all phases of operation. 11. Require remote alarm systems and emergency notification to citizens for fluid or gas leaks, especially hydrogen sulfide. 12. Require full disclosure of materials used in drilling and fracturing processes. 13. Regulate well pad size and surface damage with reclamation requirements that go beyond reseeding and require the actual growth of native plants. 14. Plan and enforce restricted traffic routes for industry vehicles to minimize pollution, noise, and reduce the road maintenance tax burden. 15. Prohibit well locations in arroyos, riparian areas, or within areas susceptible to flooding. 16. Require that a buffer of not less than one thousand feet be instituted between any well operation and any residence, business, religious institution, public building, hospital or school, regardless of mitigating circumstances. 17. Provide for strong enforcement and penalties for non-compliance with any and all provisions of the SUP. Thank you for the opportunity to express our concerns over this very disconcerting matter. Sincerely, Ronald Galterio Mary Galterio Page 2 November 13th, 2009 EXHIBIT EXPLORATION & PRODUCTION 1058 CR #215 P.O. Box 370 Parachute, CO 81635-0370 970/285-9377 970/285-2047 Fax The COGCC Regulations recommend VOC emission controls within 1/4 mile of a structure as a safe harbor to avoid enforcement in the case of an Odor Complaint. Only the CDPHE through its Regulations (Reg. 7 in this case) has the delegated authority from EPA to require VOC emission controls if certain thresholds are triggered. Nonetheless, Williams' general policy is to put VOC emission controls on facilities within a IA mile of a structure. For the GV 82-5 pad, there is already an emission control device on the well pad facilities. On the PA 41- 9, the production from this facility does not warrant an emission control device on the production equipment. However, Williams does have a dehydrator at this location, and Williams is in the processes of controlling the emissions at the dehydrator to a 95% control efficiency. Rick Matar Air Quality Practice Lead Denver Region (0) 303/606-4366 (M) 720/308-4901 EXHIBIT Williams Production RMT Company GV 82-5 MIR Garfield Conn N Question 1: There appears to be a discrepancy in determining the area upon which the extraction a processing activity is occurring. Perhaps it is not so much of an area question as it is the definition of "well pad". For example, the SUA limits the well pad to 200 x 300 (1.377 acres); the COGCC reclamation is for 2.27 acres; disturbed area identified in several of the studies, including the SWMP, states 2.77 acres. There is a .5 -acre discrepancy what is occurring in that area? The COGCC reclamation area as shown in the attached exhibit, 2.27 acres, represents the planned outer perimeter of the reclamation area. After the drilling and completion operations are complete, the area of the drilling pad not needed for ongoing production will be re-contoured and seeded. The 2.77 acres stated in studies like the SWMP represents the as - built, disturbed area also shown in the plat to the right. The 0.5 acre discrepancy is the difference between the planned disturbed area and the actual disturbed area. Anns Response yesterday The well pad (identified as 200 x 300 in the SUA) typically refers to the area of the oil and gas location that is level and where the drilling rig and related equipment is located. It does not refer to the entire area of disturbance. The COGCC reclamation area of 2.27 acres was the initial anticipated. The 2.77 acres, area viewed in green, represents the as -built, disturbed area. The 1"9.A.cttPICVwIXr,to941110V -090P81rOt'.,""'""01"pptl11"1, 90952 13 1"" ,.• �; a f iiist �� ✓mewanol Tack V l pi! Existingi ii Separators Wes ®`)eChemlcal acid Telemetry O Injection O Pumps and Tanks and Water Taos .r4r� Secondary Containments Legend Existing Road «—�— Existing Overhead Electric >,--t•— Fence Production Pad (1.04 acres) Interim Reclamation Area (2.7 7 Acres) Williams Production RMT GV 82-5 Interim Reclamation and Production PadAreas Date Prepared' November 17, 2009 ya s Wiillliiams. actual interim reclamation area will be re-contoured and reseeded once operations permit. The fencing will be located around the Well heads and Production Equipment as per the SUA and the described in the plat. Williams Production RMT Company GV 82-5 MIR Garfield County, Colorado Question 2: In our review we are utilizing the Drill Rig Layout, sheet 4 by Bookcliff Survey Services, Inc., as the proposed "site plan" for the use, This site plan does not agree with the actual on-site locations of improvements, nor does it indicate the COGCC-approved well pad area. If there is another graphic that you would like to use as the official "site plan" please let me know where it is located in the submittal documentation. For clarification purposes, the drill rig and all ancillary drilling equipment and materials, are considered to be construction equipment for the purpose of constructing a well and should not be viewed as stationary improvements to the site. As standard operating practice, all construction equipment and associated drilling materials are dynamic, subject to continual and extensive movement within the well pad area. The Drill Rig Layout, denoted as Sheet 4, provides a typical layout of the construction equipment associated with the drilling operation; however, the equipment shown on the sheet should not be viewed as stationary or fixed. COGCC does not require drilling equipment and associated drilling equipment and materials to remain in a fixed position on the well pad. The Floor Drilling platform, for example, will move along the entire axis, and side-to-side, of the well bore locations to center the drill rig above each proposed well bore. As the Floor Drilling platform moves, so does other construction equipment components and materials. Legend Existing Road MO Proeudbn Pad (1,04 acres) ••—•— Brisling Overhead Eieckic � � kitten Redar etion Area R.77 Acres> .--•-- Fence lYN.4VICOtad.ttlU111 0VQ ! v trwtlMM1 BN Ila.sp 11118.9015 9.11 Will dams Production RMT GV 82-5 Irterim Reclamation and Production Pad Areas Date Prepared. November 17, 2009 Williams .T.r� Checklist, should be A site plan, to the left, has been prepared which shows planned improvements to the site after the construction equipment and temporary housing has been removed and includes the platted boundaries as submitted to COGCC. The improvements include wellheads, separators, telemetry equipment, solar panels, tanks, secondary containment structures, dehydrators, injection pumps, piping and valves. (Let's list everything we want on the pad) As a comment, the site plan showing planned improvements to the site, after the construction equipment and temporary housing has been removed, may serve as the "official" site map. The Drill Rig Layout, denoted as Sheet 4 from the survey plat package submitted in the MIR, should be used as a description of the typical layout or inventory of the construction equipment associated with the drilling operation subject to the dynamics described above. Finally, temporary housing locations and associated details depicted on the engineer's drawing and inspection report, as submitted under Garfield County's Small Temporary Employee Housing Administrative relied on to accurately depict the location of the temporary housing; and as certification that housing and associated components, such as wildlife -proof trash receptacle, have meet the County's requirements. See Question 7 on Wildlife Trash Receptacle. Williams Production RMT Company GV 82-5 MIR Garfield County, Colorado Question 3: If activity is occurring outside of the well pad that activity is subject to County review and approval. In particular, the reclamation and bonding with the COGCC does not include the total disturbed area therefore the County will require a reclamation plan and bonding that area outside of COGCC review. The total area disturbed by Williams' oil and gas operations is covered by the $800,000.00 bond by held by the COGCC. In particular please note that under the 700 Series Rules of the COGCC Regulations (Financial Assurance, Section 706 provides as follows: Prior to commencing the drilling of a well, an operator shall provide financial assurance to the Commission to ensure the protection of the soil, the proper plugging and abandonment of the well, and the reclamation of the site in accordance with the 300 Series of drilling regulations, the 900 Series of E&P waste management, the 1000 Series of reclamation regulations, and the 1100 Series of flowline regulations. Williams' has in place with the COGCC a $100,000 statewide blanket bond pursuant to Section 706. In addition, under the Reclamation Regulations set forth in the 1000 Series Rules of the COGCC, Section 1001(a) of the COGCC regulations provides as follows: a. General. The rules and regulations of this series establish the proper reclamation of the land and soil affected by oil and qas operations and ensures the protection of the topsoil of said land during such operations. The surface of the land shall be restored as nearly as practicable to its condition at the commencement of drilling operations. Question 4: It would appear that impact to wetlands has occurred by this use (Section 3.3.15. Wildlife Impacts — last page). Please verify this fact and, if so, provide the U.S. Army Corps of Engineer 404 permit. The GV 82-5 drill site was originally constructed by Barrett Resources in 1990. Prior to expansion of the GV 82-5 well pad, the site was evaluated for wetlands impacts and concerns. All expansion activities have occurred to avoid wetland areas and there have been no impacts to wetlands. Question # 5: The submittal documentation includes a photograph of the GV 82-5 derrick with a home in the background. Where is that home located and what is distance separating the two? Williams Production RMT Company GV 82-5 MIR Garfield County, Colorado Legend Proposed Pad Existing Road Wlliams Production RMT GV 82-5 Proximity Map Date Prepared: November 12, 2009 T.V oleotW C Pa r1 ltU90111_OV azasuPs.ppbme.TYlone.mzd Ila. cock 11/122W9 5:11:43 The home in the background of this photo is located in "The Reserve" Village of the Battlement Mesa PUD. the distance is approximately 1,158 feet as a straight line from the center of the pad to the house. This distance is illustrated by the map to the left. The elevation difference of 200 feet increases the 1,158 distance to the house slightly. Question 6: The SUA and BMP's related to wildlife impact require fencing and/or locked gates. I don't recall seeing fencing or a gate at the GV site, although I did see both at the PA site. The cuttings trench was fenced to exclude both wildlife and livestock. No fluid pits were constructed at the GV 82-5 pad site. In accordance with the BMP list, a locked gate is located at the entrance to the private property near the county road. This gate will reduce traffic on the access road to the GV 82-5, thereby reducing disturbance to wildlife on the property. Upon completion of drilling operations, interim reclamation will take place and fencing around the production Equipment and Well Head. Williams Production RMT Company GV 82-5 MIR Garfield County, Colorado Question 7: The drill rig layout (site plan) included as part of the Temporary Housing permit is different from the site plan contained within the submittal documentation. I don't recall seeing a wildlife -proof trash receptacle on- site. Is/was it really located behind all of the tanks on the side of the rig? Why would it not be located more proximate to the trailers? The site was inspected by a registered professional engineer on September 1, 2009 and a wildlife -proof receptacle was identified as being onsite and was located on the engineer's drawing. The trash receptacle is located on the GV 82-5 well pad and is attested in the engineer's inspection report. Trash receptacles are generally placed on the well pad at locations in close proximity to where drilling material wrappings and containers are discarded. Question 8: The submittal does not include a site plan that indicates all of the improvements, and correct locations of improvements, on the site. This would help immensely in our review and, if approved, a site plan is required as an attachment to the resolution. Please submit a plan that is complete and correct. A site plan, has been prepared which shows planned improvements to the site after the construction equipment and temporary housing has been removed and includes the platted boundaries as submitted to COGCC. (See plat from Question 2)The improvements include wellheads, separators, telemetry equipment, solar panels, tanks, secondary containment structures, dehydrators, injection pumps, piping and valves. (Let's list everything we want on the pad) The site plan showing planned improvements to the site from Question 2 displays after the construction equipment and temporary housing has been removed, may serve as the "official" site map. The Drill Rig Layout, denoted as Sheet 4 from the survey plat package, should be used as a description of the typical layout or inventory of the construction equipment associated with the drilling operation subject to the the questions above. Question 9: A plan was provided which shows the PUD and the two well pads with a 250' buffer. It is my understanding that the SUA requires a 200' buffer from structures, and County the notice requirements are for 200' - so I am not sure what this map is for, or why a 250' buffer is indicated. This map reflects the surface ownership regarding notification for the Garfield County Assessor's parcel number 2407-081-00-152. Per the pre application meeting, Deborah Quinn, County Attorney, defined that Williams must notice all surface owners within a 200 foot radius of the entire parcel and the Mineral Owners under the Surface locations of the GV 82-5 and PA 41-9. Williams utilized this map to assure that all landowners within 200 feet were notified and Williams extended the radius to 250 feet to make sure all owners were noticed. November 12, 2009 Eric Schmela Authorized Agent for Battlement Mesa Partners LLC PO Box 6000 Parachute, CO 81635 RE: Surface Use Agreement- GV 82-5 Pad Township 7 South, Range 95 West, 6'h P.M. Section 5: NW/4SE/4 Garfield County, CO Dear Eric: EXHIBIT 1111: Williams.' EXPLORATION & PRODUCTION 1058 CR e'215 P.O. Box 370 Panchutc, CO 81635-0370 970/285-9377 970/285-2047 fax In paragraph 18 of the Surface Use Agreement dated October 16t1', 2007, "Said surface drilling location shall be two hundred (200 ft) by three hundred (300 ft) during drilling, completion, and production." The two hundred foot (200 ft.) by three hundred foot (300 ft.) drilling pad working surface was proposed to be 1.377 acres. There were no boundary requirements for total disturbance in this agreement. After the location was built, an "as -built" survey was conducted that reflected the drilling pad working surface to be 1.71 acres instead of the 1.377acres. Also, please note, the total disturbed boundary is 2.77 acres. (See attached Plat). After completion of the wells on the above described pad site, within six (6) months, Williams will complete the interim reclamation process down to one (1) acre. By signing below, you are acknowledging receipt of the attached "as -built" and our plans for reclamation. Should you have any questions regarding this matter, please feel free to call me at 970-683-2288 or Dasa Bryan at 970-623-8909. Sincerely, Williams Production RMT Company j it e Sandy r otard, CPL Title: Field Land Manager Date: j /- f 2 C)1' Battlement Mesa Partners LLC N Titl Date: ela Authorized Agent �� OV • o 411 Legend As-Built Drilling Pad Working Surface (1.71 acres) EjAs-Built Disturbed Boundary (2.77 acres) tlProjocistPlC1!'eractwte{0911111 GV82-8SUPSuppfemenllGVQ2-5_BMP SUA.mxd c cIeU 11f12120094:1039PM GV 82-5 SUA T7S R95W Section 5 November 12, 2009 =IL Wednesday, November 18, 2009 Garfield County Planning Commission Commissioners: Please accept my letter as opposing the Special Use Permit for Williams drilling in the PUD of Battlement Mesa. Such granting of a SUP is contrary to regulations that allow denial on the basis of being injurious to the established residential character of Battlement Mesa. This action, if allowed, sets precedent for invasion of numerous residential conclaves and towns. The current technology of drilling allows extraction from one location to approximately a mile diameter or better. There is no reason for the rigs to be crowding within hundreds of yards of dwellings and residences. With the current glut of gas production, it is even questionable to the economics of such actions, so it appears this is a test of gas producers to establish a supremacy over surface users which becomes a "taking" of surface owners' holdings. It is time to draw the line in the sand and stop this unnecessary site locating of close proximity when the ability to extract is at least a half of mile. This particular case was "overlooked" for 19+ years and parties should have known this SUP was necessary as the land owners drew up the conditions of the PUD. The County should have been aware as it was a "fresh" PUD approval. The gas operators should have known because land ownership/conditions of use are part of their operational staffing and legal support. If this occupation is allowed to continue, it should be done so only with the most stringent health, and safety requirements. This would include timely and comprehensive monitoring from equipment to site visits. Because of residential proximity, the County has every right to exceed State requirements in health, safety, and welfare as upheld by the courts in the Gunnison case. Respectfully, 4/:;-,W711"-. Robert L. Arrington 60 Willow Creek Ct. Battlement Mesa, CO 81635 970-285-9757 EXHIBIT Kathy A. Eastley From: Bryan, Dasa [DasaR_Bryan@Williams.com] Sent: Thursday, December 03, 2009 9:03 AM To: dlivingston@garcosheriff.com; gvfpdops©sopris.net Cc: Kathy A. Eastley; Hotard, Sandy ; Fox, David Subject: GV 82-5 Rig removal This email is to inform The Garfield County Sheriff's Department and the Grand Valley Fire Protection District; that Williams Production RMT Company has completed drilling operations on the above mentioned drilling location. The rig associated with the drilling development has been moved to another location of which you will be notified. In accordance with Garfield County Planning and Zoning Regulations, we must notify you on the removal of the Small Temporary Housing Facility located on the GV 82-5 pad development. Should you have any further questions or concerns regarding this notification, feel free to contact me at the numbers listed below. Da5aKb rj a n Williams Production RMT CO Land Data Technician PO Box 370/1058 County Road 215 Parachute, CO 81635 970-623-8909 Office 970-987-1739 Cell 1 ■III t0'i r40llPl\G ICIPh«'herlti I , 441i 111 111 Reception#: 730776 08/1312007 03:43:40 PM Jean Alberico 1 of 5 Rec Fee $26.00 Doc Fee:0.00 GARFIELD COUNTY CO Document processing fee If document is filed on paper If document is filed electronically Fees & forms/cover sheets arc subject to change. To file electronically, access instructions for this form/cover sheet and other information or print copies of filed documents, visit www.sos.state.co.us and select Business Center. Paper documents must be typewritten or machine printed. $150.00 Currently Not Available EXHIBIT 20071261518 C 150.00 SECRETARY OF STATE 06-01-2007 10:37:03 ABOVE SPACE FOR OFFICE USE ONLY Combined Statement of Conversion and Articles of Organization filed pursuant to §7-90-201 and §7-80-204 of the Colorado Revised Statutes (C.RRS.) Statement of Conversion 1. For the converting entity, its entity name or true name, ID number (if applicable), form of entity, the jurisdiction under the law of which it is formed, and the principal office address of its principal office are Entity name or true name of the converting entity ID number (if applicable) Form of the entity Jurisdiction where formed Principal office street address Principal office mailin address (leave bleak if same as above) BATTLEMENT MESA PARTNERS 20061062040 (Colorado Secretary of State ID number) GENERAL PARTNERSHIP COLORADO 73 J SIPPRELLE DRIVE (Street number and name) BATTLEMENT MESA CO 81636 (City) (State) (Postal/Zip Code) (Province - if applicable) (Country- if not US) PO BOX 6000 (Street number and name or Post Office Box information) BATTLEMENT MESA (City) (Province - tf applicable) CO 81636 (Stale) (Postal/Zip Code) (Country - if not US) 2. The converting entity has been converted into the resulting entity identified below. 3. For the resulting entity, its entity name, form of entity, the jurisdiction under the law of which it is formed, and the principal office address of its principal office are CONVERT LLC Page 1 of4 Rev. 10/6/2005 W J >- 0 U J UJ 0 tro ct 0 0 1111 K WIl'i I {I NIt AIVI iiC'IRLIOAN 11111 Receptiontt: 730776 08/13/2007 03:43:40 PM Jean Rlberico 2 of 5 Rec Fee:$26.00 Doc Fee:0.0O GARFIELD COUNTY CO Entity name of the resulting entity BATTLEMENT MESA PARTNERS LLC (The tame of a limited liability company must contain the term or abbreviation 'limited liability company"' "ltd. liability company' 'limited liability co.'. "ltd. liability co.'. "limited..'11.c .. "Ilei". or -ltd.-P.90-601. C.R.S.) (Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information) Form of the entity domestic limited liability company Jurisdiction where formed Colorado Principal office street address 73 J SIPPRELLE DRIVE (Street number and name) Principal office mailing address (leave blank if same as above) (Street number and name or Post Office Box information) BATTLEMENT MESA CO 81636 (City) (State) (Postal/Zip Code) (Province- if applicable) (Country- if not US) PO BOX 6000 BATTLEMENT MESA CO 81636 (City) (State) (Postal/Zip Code) (Province - if applicable) (Country - if not US) • (If the following statement applies. adopt the statement by marking the box.) The mailing address in the records of the Secretary of State is no longer different than the street address and is no longer required. 1. The entity name is Articles of Organization BATTLEMENT MESA PARTNERS LLC (The name ofa limited liability company must contain the term or abbreviation "limited liability company", "ltd. liability company "limited liability co. ". "ltd. liability co.'. "limited". "1.1.c.". 'lfc". or "ltd." §7-90-601. C.R.S.) (Caution: The use of certain terns or abbreviations are restricted by law. Read instructions for more information) 2. The principal office address of the initial principal office is Street address CONVERT_LLC 73 J SIPPRELLE DRIVE (Street number and name) BATTLEMENT MESA CO 81636 (City) (State) (Postal/Zip Code) (Province - ifapplicable) (Country -if not US) Page? of 4 Rev- 10/6/2005 1111K p4!Vi IPI (i! Mill 11i 111 Reception#: 730776 08/13/2007 03 43:40 PM Jean Alberico 3 of 5 Rao Fee:$26.00 Doc Fee:0.00 GARFIELD COUNTY CO Mailing address PO BOX 6000 (leave blank if same as street address) (Street number and name or Post Office Bar inforrnariorn) BATTLEMENT MESA CO 81636 (Cyn) (State) (Posral/Zip Code) (Province - if applicable) (Country-ifnot US) 3. The registered agent name and registered agent address of the initial registered agent are Name (if an individual) OR (Last) (First) (Middle) (Suffix) (if an entity) ISAACSON ROSENBAUM P.C., ATTN: RICHARD GREENGARD (Caution: Do not provide both an individual and an entity name.) The person appointed as registered agent above has consented to being so appointed. Street address 633 17TH STREET SUITE 2200 (Street number and name) DENVER CO 80202 (City) (State) (Postal/Zip Code) Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) (City) CO (State) (PostaUZip Code) 4. The true name and mailing address of the person forming the limited liability company are Name (if an individual) OR ()Ass() (First) (Middle) (Suffix) (if an entity) ISAACSON ROSENBAUM P.C. (Caution: Do not provide both an individual and an entity name.) Mailing address 633 17TH STREET (Street number and name or Post Office Box information) SUITE 2200 DENVER CO 80202 (City) (State) (Postal/Zip Code) (Province - if applicable) (Country - if not US) Of the following statement applies, adopt the statement by marking the box and include an attachment.) This document contains the name and address of one or more additional person(s) forming the limited liability company. CONVERT LLC Nage 3 cf 4 Rev 10/6/2005 III111111iAMMHIMPiliiimingtilliNVILLtiiliiii 11111 Receptiontt: 730776 08/1312007 03:43:40 PM Jean Alberico 4 of 5 Rec Fee:$26.00 Doc Fea.0 00 GARFIELD COUNTY CO 5. The management of the limited liability company is vested in (Mark the applicable box) ❑ one or more manaeers. OR 0 the members. 6. There is at least one member of the limited liability company. 7. (1)'"the following statement applies. adopt rhe statement by marking the box and include an attachment.) ❑ This document contains additional information as provided by law. 8. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has significant legal consequences. Read instructions before entering a date.) (lf the following statement applies. adopt the statement by entering a date and. if applicable, time using the required format) The delayed effective date and, if applicable, time of this document is/are 6/1/2007 n. (mm/dd/v�yv hour:minute amipm) Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered. 9. The true name and mailing address of the individual causing the document to be delivered for filing are r- ( .�.'.'tUJt),: Vit,) :.TAre r (Province - if applicable) 3TAT2 =1'_r 'fll3M',7;Acli.?G (If the following statement applies, adopt the star nent by marking the box and include an attachmen E] This document contains the true nam and mailing address of one or u vqoo iiheitk Fftn > if'1!'l1Virl DO ;,ter.. J. -..)0G LAWRENCE CARA G. (Last) (First) 633 17TH STREET (Street number and name or Post Office /Jox information) SUITE 2200 ESQ. (Middle) (Suffix) DENVER 1 CO 80202 (City) (State) (Country - if not US) lr;acet3ihit1rNt:ry _.'C t3 ''a PStCJ-t and are fumishea ittho utf e trees taatio�ntor minimum legal r t en as .its revis amended from m u e, r ` he rest boaddresse -tri a , scis t �; ;se, tp .116161.10a Y5 tions, are not inten warranty. While r n date, compliant • d hibe cover sheet. t uelt n,its puld (PostalfZip Code) � r previde legal. business o ,CXtvice, orris cu'.'er sheet is beii¢Ced,*teAilisfy ap licahle law, as the nsibility of the use\of thlS advisor(s). * CONVERT LLC Page 4of4 • Rev. 10/6(2005 '�DifiriI,�111�M�+� �� ��iil�h;ll�l,I�uailIII III 11111 730776 Racep2 07 dean Alberto° 081f3 Re Fe.4$26 0h1 .00 GARFIELD COUNTY C 5 of 5 Rec Fea.S26.DO Doc Fee.0.00 STATE OF COLORADO DEPARTMENT OF STATE I hereby certify that this is a true copy of Document No. vG� ? / 6"j 6/i' consisting of <t_ pages filed by the Colorado Secretary of State in the records of the Secretary of State. Secretary of State By 7 311,,wo7 Date se Recorded M o'clock M Reception No F :fi '-,r;r. • (LSOCRF, RECORDER GARFIELD COUNTY, COLORADO SPECIAL WARRANTY DEED EXHIBIT BOOK ' Stato • oc. ee BATTLEMENT MESA, INC., a Delaware corporation, with an address of 800 Bell Street, Houston, Texas 77001, for the consideration of ten dollars and other good and valuable consideration, in hand paid, hereby sells and conveys to BATTLEMENT MESA PARTNERS, a Colorado general partnership, with an address of 5575 DTC Parkway, Suite 300, Englewood, Colorado 80111, the real property located in the County of Garfield, State of Colorado, more particularly described in Exhibit A attached hereto and incorporated herein, with all its appurtenances, and warrants the title to the same against all persons claiming the whole or any part thereof, by, through or under the grantor, subject to the matters described on Exhibit B attached hereto and incorporated herein. SIGNED this oe= day of December, 1989. ATTEST n C. Moll,,. Secretary STATE OF COLORADO COUNTY OF ARAPAHOE SS. BATTLEMENT MESA, INC., a Delaware corporation By: Rieberd A tonger, vice Presid The foregoing instrument was acknowledged before me this rzth. day of December, 1989 by R4-eha-r<1- A. Stonger as Vice President and John C. Moline as Secretary of Battlement Mesa, Inc. , a Delaware corporation. '. f',, ,4 1SMSD /ASA WITNESS my hand and official seal. My commission expires: Not ry Public L,1„,„ vo: '769 pwCE5..9 EXHIBIT A (Attached to and made a part of Special Warranty Deed dated as of December__, 1989, executed by Battlement Mesa, Inc.) LEGAL DESCRIPTION A parcel of land lying in Sections 5, 6, 7, 8, 9, 10, 16, 17, 18, and 19, Township 7 South, Range 95 West and Sections 13 and 24, Township 7 South, Range 96 West, of the Sixth Principal Meridian, County of Garfield, State of Colorado, more particularly described as follows: Beginning at the East 1/4 Corner of Section 5, Township 7 South, Range 95 West; Thence along the East line of Section 5 South 00°15'43" West a distance of 1628.34 feet, to the Southeast Corner of the N1/2 NE1/4 SE1/4 SE1/4 of Said Section 5; Thence along the South line of the N1/2 NEI/4 SE1/4 SE1/4 North 87°19'30" West a distance of 664.56 feet, to the Southwest Corner of said N1/2 NE1/4 SE1/4 SE1/4; Thence along the West line of the N1/2 NE1/4 SE1/4 SE1/4 of Section 5, North 00°23'16" East a distance of 324.34 feet to the Northwest Corner of said NE1/4 SE1/4 SE1/4; Thence along the North line of the SE1/4 SEI/4 of said Section 5, North 87.26'14" West a distance of 663.79 feet, to the Northwest Corner of said SE1/4 SE1/4; Thence along the West line of SE1/4 SE1/4 of said Section 5, South 00°30'52" West a distance of 1292.05 feet to the Southwest Corner of said SE1/4 SE1/4; Thence along the South line of said Section 5, South 86°59'25" East a distance of 1333.74 feet to the Southeast Corner of said Section 5; Thence along the North line of Section 9, Township 7 South, Range 95 West, South 87°59'43" East a distance of 1326.37 feet, to the Northeast Corner of the NW1/4 NW1/4 of said Section 9; Thence along the East line of the NW1/4 NW1/4 of said Section 9, South 01'02'26" West a distance of 1301.45 feet to the Southeast Corner of said NW1/4 NW1/4; Thence along the North line of the SE1/4 NW1/4 of said Section 9, South 88'02'23" East a distance of 1324.35 feet to the Northeast Corner of said SEI/4 NW1/4; Thence along the North line of the SW1/4 NE1/4 of said Section 9, South 88°35'51" East a distance of 1275.60 feet, to the Northeast Corner of said SW1/4 NE1/4; Thence along the West line of the NEI/4 NE1/4 of said Section 9, North 01°04'15" East a distance of 1311.84 feet A-1 MA 769 PacE52O to the Northwest Corner of said NE1/4 NE1/4; Thence along the North line of said Section 9, South 89'06'43"' East a distance of 1274.26 feet to the Northeast Corner of said Section 9; Thence along the East line of said Section 9, South 01°00'49" West a distance of 1323.29 feet, to the Southeast Corner of the NE1/4 NEI/4 of said Section 9; Thence along the North line of the SW1/4 NW1/4 of Section 10, Township 7 South, Range 95 West, South 88'46'55" East a distance of 631.29 feet to a point on the North line of the said SW1/4 NW1/4, 687 feet West of the Northeast Corner of said SW1/4 NW1/4, said point being the Northwest Corner of that parcel of land described in Document Number 198564 as recorded in Book 302 at Page 200 of the records of the Clerk and Recorder of Garfield County; Thence along the boundary of said parcel the following five (5) courses: (1) South 00°49'34" West a distance of 221.67 feet; (2) South 48°09'56" East a distance of 361.92 feet to a point 456.00 feet, as measured at right angles, southerly from the North line of the SW1/4 NW1/4 of said Section 10; (3) South 89'17'47" East a distance of 166.55 feet; (4) South 00°49'34" West a distance of 201.43 feet; (5) South 89°17'47" East a distance of 246.37 feet; to a point on the East line of said SW1/4 NW1/4 655 feet South of the Northeast Corner of said SW1/4 NW1/4; Thence departing said parcel boundary along the East line of the SW1/4 NW1/4 of said Section 10, South 00'54'36" West a distance of 667.20 feet to the Southeast Corner of said SW1/4 NW1/4; Thence along the East line of the NW1/4 SW1/4 of said Section 10, South 00'54'38" West a distance of 1315.11 feet to the Southeast Corner of said NW1/4 SW1/4; Thence along the South line of the NW1/4 SW1/4 of said Section 10, North 89'11'04" West a distance of 1323.06 feet to the Southwest Corner of said NW1/4 SW1/4; Thence along the South line of the N1/2 SE1/4 of Section 9, Township 7 South, Range 95 West, North 87°19'11" West a distance of 2557.45 feet to the Southwest Corner of said N1/2 SE1/4; Thence along the South line of the N1/2 SW1/4 of Section 9, North 88'38'08" West a distance of 2654.44 feet to the Southwest Corner of said N1/2 SW1/4; Thence along the South line of the NE1/4 SE1/4 of Section 8, Township 7 South, Range 95 West, North 88'43'49" West a distance of 1331.33 feet to the Southwest Corner of said NE1/4 SE1/4 of Section 8; A-2 Bnox 769 ncK52:1_ Thence along the West line of the SE1/4 SE1/4 of Section 8, South 01'20'14" West a distance of 1316.23 feet to the Southwest Corner of said SE1/4 SE1/4 of Section 8; Thence along the East line of the W1/2 NE1/4 of Section 17, South 01°00'57" West a distance of 2639.16 feet to the Southeast Corner of said W1/2 NE1/4 of Section 17; Thence along the North line of the NE1/4 SE1/4 of Section 17, South 88'46'04" East a distance of 1324.13 feet to the E1/4 Corner of Section 17; Thence along the Easterly line of the NE1/4 SE1/4 of Section 17, South 01'01'24" West a distance of 1320.50 feet to the Southeast Corner of the NE1/4 SEI/4 of Section 17; Thence along the North line of the SW1/4 SW1/4 of Section 16, Township 7 South, Range 95 West, South 87'41'13" East a distance of 1330.94 feet to the Northeast Corner of said SW1/4 SW1/4; Thence along the East line of the SW1/4 SW1/4 of Section 16, South 01'03'30" West a distance of 1322.00 feet to the Southeast Corner of said SW1/4 SW1/4; Thence along the South line of said Section 16 North 87°37'18' West a distance of 1330.20 feet to the Southwest Corner of said Section 16; Thence along the South line of Section 17, Township 7 South, Range 95 West, North 88°44'01" West a distance of 1984.49 feet to the Southwest Corner of the E1/2 SW1/4 SE1/4; Thence along the West line of the E1/2 SW1/4 SE1/4, North 00°59'11" East, a distance of 1319.91 feet to the Northwest Corner of said E1/2 SW1/4 SE1/4; Thence along the South line of the NW1/4 SE1/4 of said Section 17, North 88°45'02" West a distance of 661.78 feet to the Southwest Corner of said NW1/4 SE1/4; Thence along the South line of the NE1/4 SW1/4, North 88°45'02" West a distance of. 1158.58 feet to a point 10 rods East of the Southwest Corner of said NE1/4 SW1/4; Thence North 01'03'04" East a distance of 131.93 feet; Thence North 88°43'44" West a distance of 165.63 feet; Thence North 00'55'58" East a distance of 527.66 feet, along the West line of the NE1/4 SW1/4 to the Northeast Corner of the S1/2 NW1/4 SW1/4; Thence North 88°45'33' West 1324.42 feet to the Northeast Corner of the E1/2 SE1/4, NE1/4 SE1/4 of Section 18, Township 7 South, Range 95 West; Thence along the North line of the E1/2 SE1/4 NE1/4 SE1/4 of said Section 18, North 88'24'33" West a distance of 329.86 feet to the Northwest Corner of said E1/2 SE1/4 NE1/4 SE1/4; Thence along the West line of the E1/2 SE1/4 NE1/4 SEI/4 of said Section 18, South 00`53'57' West a distance of 659.61 feet to the Southwest Corner of said E1/2 SE1/4 NE1/4 SE1/4; A-3 BOOK 769 PAGE522 Thence along the South line of the NE1/4 SE1/4 of said Section 18, North 88'26'07" West a distance of 939.84 feet to the Southwest Corner of said NE1/4 SE1/4; Thence along the East line of the SW1/4 SE1/4 of said Section 18, South 00'55'21" West a distance of 1320.46 feet to the Southeast Corner of said SW1/4 SE1/4; Thence along the East line of the W1/2 NE1/4 of Section 19, Township 7 South, Range 95 West, South 01°06'34" West a distance of 2642.08 feet to the Southeast Corner of said W1/2 NE1/4; Thence along the South line of the NE1/4 of Section 19, North 88'41'12" West a distance of 1329.89 feet to the Southwest Corner of said NE1/4; Thence continuing Westerly along the South line of the NW1/4 of said Section 19, North 88'41'12" West 2570.38 feet to the Southwest Corner of said NW1/4 of Section 19; Thence continuing Westerly along the South line of the NE1/4 of Section 24, Township 7 South, Range 96 West, North 89'32'43" West a distance of 2673.12 feet to the Southwest Corner of said NE1/4; Thence along the West line of said NE1/4, North 00'23'55" West 1023.06 feet; Thence North 01'25'42" East 229.68 feet; North 31'20'39" East a distance of 413.32 feet; North 23'57'45" East a distance of 196.98 feet; North 03°44'35" East a distance of 107.23 feet; North 78'09'48" East a distance of 170.63 feet; North 29°11'58" East a distance of 807.63 feet; North 41'32'54" East a distance of 223.14 feet; North 43'05'27" East a distance of 127.35 feet; North 45'29'15" East a distance of 332.35 feet; North 87'42'34" East a distance of 50.04 feet; North 31°06'41" West a distance of 332.88 feet; North 22°45'04" West a distance of 336.16 feet; North 39°02'08" West a distance of 476.34 feet; North 25°36'08" West a distance of 266.13 feet; North 04°45'49" West a distance of 301.04 feet; North 20°21'12" East a distance of 330.64 feet; North 30°23'55" East a distance of 4:14.77 feet; North 40°00'23" East a distance of 365.55 feet; North 59°27'09" East a distance of 354.15 feet; North 67'50'01" East a distance of 437.32 feet; South 74°03'17" East a distance of 145.60 feet; North 74'48'51" East a distance of 362.66 feet; North 77'02'26" East a distance of 383.98 feet; North 80°16'54" East a distance of 645.06 feet; North 53'05'34" East a distance of 612.80 feet; North 36'59'27" East a distance of 284.20 feet; North 39°38'39" East a distance of 136.36 feet; A-4 6' North North North North North North North North North North North North North 18'09'46" 05'30'08" 35°52'20" 09°18'01" 09°50'56" 31'58'49" 18'54'07" 23°11'55" 09°57'50" 06'34'55" 05'26'25" 20°08'11" 04'25'19" East East East East East East East East East West East East East 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 BnoK 769 PAcE5Z3 of of of of of of of of of of of of of leaving said Colorado River centerline 81'08'11" East 415.22 feet; Thence North 01'04'10" East a distance Thence South 88°24'36" East a distance Thence North 53°18'25" East a distance the southerly Right -Of -Way of the Road; Thence along said Right -Of -Way distance of 55.74 feet; Thence continuing along said East 107.02 feet; Thence continuing along East 66.56 feet; Thence North 72'19'16" Thence South 79'47'18" Thence South 37'23'26" Thence South 06'07'27" 266.27 219.01 298.65 290.82 292.31 241.68 271.65 380.79 375.67 261.72 105.48 159.76 105.19 Thence South said South feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; feet; of 485.22 feet; of 83.00 feet; of 635.50 feet to existing County 43'14'11" East a Right -Of -Way Right -Of -Way South 34°04'07" South 15'35'44" West a distance of 13.56 feet; West a distance of 24.89 feet; West a distance of 100.52 feet; West a distance of 83.52 feet; Thence North 88°48'43" East a distance of 85.28 feet to the westerly Right -Of -Way of the existing County Road; Thence along said Right -Of -Way the following courses and distances; South 10'11'10" East a distance of 50.84 feet; Thence 244.26 feet along the arc of a having a radius of 1611.94 feet, curve bears South 02°50'01" East feet; Thence 331.22 feet along the arc of a curve to the left having a radius of 270.10 feet the chord of said curve bears South 42'18'20" East 310.85 feet; Thence South 77°25'36" East a distance of 249.91 feet; Thence South 82'00'16" East 142.25 feet; Thence leaving said County Road Right -Of -Way North 13'52'58" East a distance of 60.00 feet; Thence South 76°07'01" East a distance of 196.00 feet; Thence South 66'03'01" East a distance of 92.80 feet; curve to the left the chord of said a distance of 244.03 A-5 Eflf K '769 PacE524 Thence North 64'50'00" East a distance of 12.20 feet; Thence South 86'44'06" East a distance of 201.00 feet; Thence North 01°36'29" East a distance of 650.00 feet; Thence North 86'44'01" West a distance of 359.65 feet; Thence North 01'36'06" East a distance of 469.21 feet; Thence North 01'32'15" East a distance of 568.40 feet; Thence North 01°39'14" East a distance of 355.62 feet; Thence North 85'54'03" West a distance of 478.86 feet to the high water line of the Colorado River; Thence along said high water line the following courses and distances: North 13'05'07" East a distance of 307.73 feet; North 06'43'43" East a distance of 896.17 feet; North 19'49'25" East a distance of 613.35 feet; North 42'43'01" East a distance of 426.02 feet; North 56'49'54" East a distance of 182.78 feet; North 49'26'57" East a distance of 246.11 feet; North 61'16'18" East a distance of 853.00 feet; North 67'09'59" East a distance of 206.15 feet; North 69'11'36" East a distance of 267.44 feet; North 87'08'15" East a distance of 320.40 feet; South 73'22'09" East a distance of 80.36 feet; North 88'43'46" East a distance of 541.13 feet; South 88'09'51" East a distance of 312.16 feet; South 82'24'43" East a distance of 155.46 feet; South 84'31'33" East a distance of 332.93 feet; South 84'58'17" East a distance of 244.74 feet; North 42'17'27" East a distance of 998.88 feet; North 27'02'16" East a distance of 109.07 feet; Thence leaving said Colorado River High Water Line South 87'53'17" East a distance of 2095.95 feet to the point of beginning. EXCEPTING THEREFROM the following parcels: Excepted Parcel 1 The SE1/4NE1/4 of Section 18, Township 7 South, Range 95 West of the 6th P.M. as conveyed to Edward T. Hoaglund and Ida Lee Hoaglund by deed dated May 13, 1969 and recorded by Reception No. 243419. Excepted Parcel 2 A parcel of land located in the E1/2 NE1/4 of Section 9, Township 7 South, Range 95 West of the Sixth Principal Meridian lying South of the centerline of the existing County Road which bisects said E1/2 NE1/4 being more fully described as follows: A-6 1 BliuK 769 ? CE525 Beginning at the Southwest Corner of the E1/2 NE1/4 of said Section 9; Thence North 01'04'15" East 1326.43 feet to the centerline of the existing County Road; Thence along said centerline the following courses: South 88°05'38" East 606.75 feet; Thence 173.76 feet along the arc of a curve to the left having a central angle of 36.50'00", a radius of 270.29 feet and a chord that bears North 73'13'49" East 170.52 feet; Thence North 54°33'16" East 112.11 feet; Thence 266.93 feet along the arc of a curve to the right having a central angle of 79'30'00", a radius of 192.38 feet and a chord that bears South 79'26'03" East 222.24 feet; Thence South 54'46'19" East 238.44 feet; Thence leaving said road centerline South 01'00'49" West 1284.83 feet, along the East line of said E1/2 NE1/4 to the Southeast Corner of said E1/2 NE1/4; Thence North 83°05'03" West 1277.04 feet along the South line of said E1/2 NE1/4 to the point of beginning. Excepted Parcel 3 All that part of the NE1/4 SE1/4 of Section 7, Township 7 South, Range 95 West of the 6th P.M., Garfield County, Colorado, lying and being South and West of the right-of- way for County Road No. 305 as now constructed, as conveyed to Clara E. Mahaffey by deed dated November 10, 1941 and recorded as Reception No. 146955. Excepted Parcel 4 A parcel of land beginning at the Northwest corner of the NE1/4 SE1/4 of Section 7, Township 7 South, Range 95 West, 6th P.M.; thence South 02'36 1/2' West 586.9 feet; thence South 75'07' East 196 feet; thence South 65°03' East 92.8 feet; thence North 65°50' East 12.2 feet; thence North 85°44' West 201 feet; thence North 02'36 1/2' East 650 feet; thence North 85'44' West 489.4 feet to the point of beginning. Excepted Parcel 5 A parcel of land conveyed to the Grand Valley Cemetery District located in Section 17, Township 7 South, Range 95 A-7 BOOK 769 P4GE5 6 West of the 6th P.M., Garfield County, Colorado according to the Plat recorded January 29, 1985 as Reception No. 368453. Exceated Parcel 6 All land conveyed to Fred G. Gardner and Henrietta Gardner by deed dated June t,, 1957 and recorded as Reception No. 198028, conveyed to Ruth 1. White by .seed dated ovember 7, 1958 and recorded as Reception No. 203414 and by deed dated May 14, 1981 and recorded as Reception No. 315095 conveyed to Cecil A. Gardner and Ruth L. Gardner. Together with a parcel of land located in Section 18, Township 7 South, Range 95 West of the Sixth Principal Meridian and more particularly described as follows: Beginning at a point whence a Bureau of Reclamation Brass Cap monumenting the W1/4 Corner of said Section 18 bears North 88°23'00" West 777.00 feet; Thence North 17'37'00" East 180.00 feet; Thence South 88'23'00' East 457.16 feet; Thence South 24'50'39" West 188.29 feet; Thence North 88'23'52" West 432.52 feet to the point of beginning. Excepted Parcel 7 All land conveyed to the Board of County Commissioners of Garfield County by the following deeds: Recording Date Book/Page Reception No, September 13, 1911 83/520 42609 March 9, 1915 86/341 51360 March 9, 1915 86/344 51363 March 9, 1915 86/345 51364 March 9, 1915 86/343 51362 March 9, 1915 86/340 51359 August 9, 1950 252/17 173062 August 9, 1950 252/18 173063 August 9, 1950 256/16 173061 December 3, 1907 67/514 34352 January 5, 1905 62/77 30258 March 9, 1915 86/342 51361 A-8 BOOK 769 PtGE527 Excepted Parcel 8 All land conveyed to Public Service Corporation by the following deeds: Recording Date Book/Page Reception No. September 11, 1909 79/146 May 25, 1961 334/242 re-recorded June 6, 1961 334/324 37734 213846 213952 Excepted Parcel 9 That portion conveyed to The Mountain States Telephone and Telegraph Company by document recorded June 7, 1981 in Book 576 at Page 230 as Reception No. 316688. Excepted Parcel 10 That portion conveyed to Storer Cable T.V. Inc. by document recorded September 11, 1981 in Book 581 at Page 120 as Reception No. 319076. Excepted Parcel 11 That portion conveyed to Eaton Investment Company by document recorded April 15, 1982 in Book 597 at Page 229 as Reception No. 326735. Excepted Parcel 12 All those portions lying Northerly of the Southerly bank and Westerly of the Easterly bank of the Colorado River. Excepted Parcel 13 50% interest conveyed to Richard A. Stonger, Delbert E. Dawson, Stephen M. Virden, Robert A. Foster and William W. Wilde, by document recorded February 22, 1988 in Book 729 at Page 231 as Reception No. 389775. xce ted Parcel 14 That portion conveyed to the Garfield County Colorado School District 16 Building Corporation by document recorded September 17, 1985 in Book 675 at Page 572 as Reception No. 365005 and platted as L.W. St. John Middle School, Plat recorded December 5, 1983 as Reception No. 347912. A-9 BOA 769 PICE5S Fxcepted Parcel 15 That portion conveyed to the Battlement Mesa Service Association by document recorded September 23, 1982 in Book 608 at Page 648 as Reception No. 332739. Excepted Parcel 16 60% interest conveyed to Richard A. Stonger, Richard L. Witt, Robert A. Foster and William W. Wilde, by document recorded March 11, 1987 in Book 707 at Page 44 as Reception No. 379728. Excepted Parcel 17 All property contained within Town Center Filing No. 4, according to the Plat thereof, recorded October 8, 1986, as Document No. 375171. Excepted Parcel 18 The following property contained within Monument creek Village, Section One, according to the Plat thereof, recorded August 11, 1981 as Document No. 318004: All of Block 1, All of Block 2, Lot 1, Block 3, Lots 5, 13 and 25, Block 5, Lots 1, 4, 5 and 7, Block 6, Lots 1 through 4, Block 7, Lots 1, 4 and 5, Block 8, Lots 5, 8, 9, 10, 17, 19 and 21, Block 9, All of Block 13, Lots 1, 2, 3 and 4 through 14, Block 14, Lots 1 through 3, 5, 7, 9, 11, 17, 18, 21, 23 through 26 and 29, Block 15, Lots 1, 3 through 9, 13 through 17, and 19 through 25, Block 16, Lots 1 and 4 through 8, Block 17, Lots 2 through 9, Block 18, and All of Block 19 Excepted Parcel L9 The following property contained within Willow Creek Village, Section One, according to the Plat thereof, recorded November 9, 1981 as Document No. 321237: A-10 BOA 769 Pp.GE529 Lot 4, Block 1, Lots 1 and 8 through 10, Block 2, Lots 1, 2 and 8, Block 3, and Lots 5 through 9, Block 4 Excepted Parcel 20 Lot 22, Block 2 and Lots 17 through 19 and Lot 27, Block 4, Battlement Creek Village, Section One, according to the Plat thereof, recorded November 16, 1981 as Document No. 321539. Excepted Parcel 21 Lot 1, Block 1, River Bluff Filing 9, according to the Plat thereof, recorded July 18, 1983, as Document No. 344072 and the Replat, recorded May 7, 1984 as Document No. 352082. Excepted Parcel 22 Lot 1, Block 1, Jack's Pocket Village Filing 4, according to the Plat thereof, recorded July 22, 1983, as Document No. 344066. Excepted Parcel 23 Lots 13 and 16, Block 18, Saddleback Village Filing No. 1, according to the Plat thereof, recorded July 19, 1988 as Document No. 393852. Excepted Parcel 24 Lots 4, 5, 6 and 7 Mesa Ridge Phase I according to the Plat thereof recorded September 12, 1988 as Document No. 395200. Excepted Parcel 25 Lots 1, 2 and 3, Block 1, River Bluff Filing No. 1, according to the Plat thereof, recorded under Reception No. 371428. Excepted Parcel 26 Lot 1, Block 1, River Bluff Filing No. 2, according to the Plat thereof, recorded under Reception No. 344067. A-11 BOOK 769 PACE530 Excepted Parcel 27 Lot 1, Block 1, River Bluff Filing No. 3, according to the Plat thereof, recorded under Reception No. 344068. Excepted Parcel 28 Lot 1, Block 1, River Bluff Filing No. 4, according to the Plat thereof, recorded under Reception No. 344069. Excepted Parcel 29 Lot 1, Block 1, River Bluff Filing No. 5, according to the Plat thereof, recorded under Reception No. 352323. Excepted Parcel 30 Lot 1, Block 1, Jack's Pocket Village Filing No. 2, according to the Plat thereof, recorded under Reception No. 344064. Excepted Parcel 31 Lot 1, Block 1, Jack's Pocket Village Filing No. 3, according to the Plat thereof, recorded under Reception No. 344065. Excepted Parcel 32 Lot 1, Block 1, The Highlands Filing No. 1, according to the Plat thereof, recorded under Reception No. 344062. Excepted Parcel 33 Lot 1, Block 1, Tamarisk Lift Station, according to the Plat thereof, recorded under Reception No. 363320. A-12 mnsdf ab'. gnr,K '769 P1GE 53I. EXHIBIT B (Attached to and made a part of Special Warranty Deed dated as of December % , 1989, executed by Battlement Mesa, Inc.) 1. Taxes for the year of 1989 not yet due and payable. 2. The effect of inclusion into the following taxing authority districts: School District 16, WEst Divide Water, Grand River Hospital, Grand Valley Fire, Colorado River Conservation, Grand Valley Cemetery, Colorado Mountain College, Parachute/Battlement Mesa Park and Recreation District, Battlement Mesa Water and Sanitation, Saddleback Metropolitan District, Battlement Mesa Metropolitan District, Garfield County. 3. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded as follows: RECORDED BOOK/PAGE REC. NO. LAND AFFECTED September 26, 1900 12/541 22987 NE3tSE4 Section 5 April 1, 1914 71/600 49239 SE31SDi Section 5 NE3,INE3 Section 5 September 18, 1906 56/559 32387 SW3iSE3 Section 5 NW3NE1/2 Section 8 August 22, 1899 12/523 21948 Lot SEiSW , NW SE3g SSeptember 19, 1908 73/10 35783 LONtW11SSectione5 and 56/461 26945 SE3tNE3t,NE1NE3% Sec. 7 August 23, 1902 SAN Section 8 Jun` 9, 191373/65 47124 Lot 11, Section 6 November 3, 1897 12/466 20441 NE31SE3g Section 8 73/109 66522 NWNISW3s Section 9 May 19, 1919 71/475 41850 Lot 7, NE3ISE3,c Sec. 7 May 5, 1911 NW3SW3i Section 8 12/236 16020 N3 NW3t, NWbcNE34 Section 17 June 6, 1893 NE3gNE4 Section 18 1896 S SE3SW3 Section 8 January 2, 12/391 18951 NW3r �► February 17, 1923 73/140 81888 3E3iSE3t Section 7 SW3tSW34 Section 8 71/438 40359 NJSW3t, SW3ISE3t Section 8 Decembe er 26, 1912 eceb1, 1910 71/583 45941 SW3tiSW3r Section 16 Db B-1 February 14, 1894 November 1, 1910 October 6, 1902 December 11, 1897 January 15, 1918 March 21, 1904 May 28, 1898 March 2, 1897 May 28, 1928 May 11, 1894 November 11, 1893 12/296 16909 71/441 40540 56/462 27079 12/468 20535 71/612 60295 56/495 29234 12/488 21006 12/452 19953 73/114 71310 12/319 17275 12/254 16517 ��u K 76`.3 Nc: 53'' §§kSition 17 SWI gection 17 SW3tNE4, SE3tNW3t, SW3tNW3t Section 17 Lot 10, SE3tSW3t, NE1 SW3t, SW3tSE3t Section 7 NW4NE1/2 Section 18 SW�F, NESW4 Section 18 3tN3t, N34SE3i Section 18 SW3tSW4 Section 17 S3SE3t, SE4SW3t Section 18 Lots 1 & 2 Section 19 E34NEN Section 24 E NW3t , E34NE3t Section 19 Lot 1, SW3NE3t Section 24 Lot 4 & 5 Section 18 Lots 6, 7 & 14 Section 13 Lots 5, 8 & 9 Section 13 Right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patents recorded as follows: RECORDED BOOK/PAGE REC. NO. September 26, 1900 12/541 22987 September 18, 1906 56/599 32387 August 22, 1899 12/523 21948 September 19, 1908 73/10 35783 August 23, 1902 56/461 26945 June 9, 1913 73/65 47124 June 15, 1954 277/78 186136 September 21, 1946 218/348 158528 June 23, 1913 92/264 47238 May 24, 1911 71/477 41956 May 2, 1911 March 19, 1954 November 3, 1897 May 19, 1919 June 22, 1914 June 18, 1920 Kay 5, 1911 71/474 41287 275/519 185342 12/466 20441 73/109 66522 52/332 49730 112/525 71552 71/475 41850 B-2 LAND AFFEL aU NE3tSE3 Section 5 SW31SE1/2 Section 5 NW3 NE3t Section 8 Lot 8, SE3tSW3, NW3tSE3t Section 5 Lot 11 Section 5 N3NW14 Section 8 S E3tNEb , NE34NE3t Section 7 SW3tSW3, SE3tNW1/2 Section 8 Lot 11 Section 6 Lot 9 Section 5 Lot 1 Section 7 S3NE3 Section 8 W34NW4, S E3 NW3 , SW3INE4 Section 9 N3SE1/2 Section 9 NW3<SWh , SW3tNW3t Section 10 NENSW4 Section 9 NE3SEIt Section 8 NW1/2SW3 Section 9 SE3*NE3 Section 9 NE3NE4 Section 9 Lot 7, NE3tSE3 Section 7 June 6, 1893 January 2, 1896 February 17, 1923 October 1, 1910 December 26, 1912 February 14, 1894 November 1, 1910 October 6, 1902 December 11, 1897 January 15, 1918 March 21, 1904 March 2, 1897 May 28, 1928 May 11, 1894 November 11, 1893 December 3, 1980 5. Statements and Maps DITCH Milburn and Hewitt Hewitt and Milburn Revell Spring and Waste Water Huntley and Albright Sawin Enlargement of Huntley Wandering Jew Wandering Jew Ditch Enlargement Huntley Huntley Enlargement Spencer Ditch R. F. Ditch Ward Extension Werhonig Eaton Springs Ditch, 12/236 16020 12/391 18951 73/140 81888 71/438 40359 71/583 45941 12/296 71/441 56/462 12/468 71/612 56/495 12/452 73/114 12/319 16909 40540 27079 20535 60295 29234 19953 71310 17275 12/254 16517 561/155 309936 B(3i1K 769 PtGE531 NW4SW3 Section 8 N3NW3, NWINEh Section 17 NE3NE4 Sec.:ion 18 NWISE1/2, SE3SW3% Section 8 SE3iSE3s Section 7 SW1(SW3 Section 8 NE4SW4, SW3IISE4 Section 8 SW3SW3 Section 16 E3�SE3t, NW3(SE3t Section 17 NE4SW1/2, E SW3rSE14 N3NW3tSWh Section 17 SW3iNE3I, SE3(NW4, SW3<NW4 Section 17 Lot 10, SE31SW1/2, NE33SW1% SW4SE3 Section 7 NW34/NE3% Section 18 E3NW3i, NE [SW4 Section 18 SW3iNE3 Section 18 SW4SW34 Section 17 S3SE3t, SE3rSW4 Section 18 E34NW3, W3INE3 Section 19 Lot 1, SW3rNE3 Section 24 Lot 4 & 5 Section 18 Lots 6,7 & 14 Section 13 Lots 5,8 & 9 Section 13 Lot 10 Section 5 for ditches detailed as follows: FILING DATE REC. NO. LAND AFFECTED April 2, 1887 4021 NW3tNW4 Section 8 August 8, 1887 4988 NW31NW3 Section 8 September 1, 1897 20314 June 29, 1885 1631 March 27, 1893 June 3, 1910 15514 39613 February 23, 1911 41358 August 6, 1887 4967 June 15, 1888 7113 April 23, 1900 22625 November 30, 1886 3390 May 12, 1888 6953 November 23, 1895 18850 NW31NW4 Section 8 NW3INW3 Section 8 NW3INW3t Section 8 S3.1SW4 Section 5 O'Toole, Marrow, Dobey, Shutt, Musconetcong, Studt *2 and Ditch No. 1 as shown on ditch map by Wright Water H-3 g 1 l:;K 769 NcF 5 ) l Engineers prepared March. 1977. 6. Right of way for ditch as granted to Mary B. Bailey and Beatrice Bailey by document recorded July 9, 1947 in Bookiion 22317t page 106 5 as Reception No. 161611. (SE1/2NW3t, 1 W3c�c ) Easements and rights of way as granted to Western Slope Gas Company by the following documents: RECORDING DATE BOOK/PAGE REC. NO. LAND AFFECTED July 5, 1962 342/567 218055 SW)tSW) Section 16 August 2, 1962 343/353 218373 SE3t Section 17 8. Easement for a gas pipeline as granted to Public Service Company of Colorado by Charles Haberman and Marcia Lee Haberman along the County Road to the Southerly line of property owned by Mary Williams described in Book 317 at page 297, as Reception No. 205421. recorded September 5, 1963 in Book 352 at page 493 as Reception No. 222678. (Lot 7, Section 7) 9. Easement for a pipeline to transport oil and gas as granted to Western Slope Gas Company by Charles Haberman and Marcia Lee Haberman along the County Road recorded November 29, 1962 in Book 345 at page 494 as Reception No. 219574. (Lot 7, Section 7) 10. Any portion of subject property lying within Lot 12 John9HorbeetZ property according to the plat thereof recorded May Reception No. 160820. (Lot 7, Section 7) I• Right to operate and maintain a pipeline or open ditch from a spring located in said Lot 7 onto lands in Lot 6 with right of entry and egress on and across subject property for the maintenance of said pipeline and ditch as excepted and reserved in Deed recorded July 26, 1946 in Book 218 at page 280 as Reception No. 158075. 12. Rights of way for the Eaton Pipelines as set forth in instrument filed March 7, 1961 as Document No. 212993, as amended by Document No. 212994 and as set forth in Decree's recorded October 4, 1966 in Boo379 ast page gep281 asReception No. 236103nd and in Book 379 at pageand NWhNE3t of Section 18) SW;tSElt of Section 7 and NE3tNW3t 'i3. Battlement Mesa Pumping Plant, Pipeline and Ditches filed iFebruary 23, 1962 as Document No. 216670 and as shown on Map J - the office of the Clerk and Recorder of Garfield County. (N WINEh and ENINW1,c of Section 18) B-4 } !,i 'cf39 PMGE_5;33 14. Easements and rights of way as granted to Public Service Company of Colorado by the following documents: RECORDED BOOK/PAGE RECEPTION NO. April 21, 1960 325/344 209185 October 20, 1960 330/354 211380 April 21, 1960 325/246 209187 November 2, 1960 330/515 211604 15- Easement and right of way for pipeline purposes as conveyed by Ada M. Alderson in deed to Western Slope Gas Company recorded April 2, 1963 in Book 348 at page 191 as Reception No. 220917, in which the specific location of the easement is not defined. 16. Right of way easement being 15 feet in width as granted to Holy Cross Electric Association, Inc., by James H. Smith, Jr. in document recorded October 19, 1971 in Book 423 at page 521 as Reception No. 251434, in which the specific location is not defined. 17. Right of way as reserved by The Town of Grand Valley in document recorded September 18, 1911 in Book 83 at page 516 as Reception No. 42601 which reads as follows: "The party of the first part hereby reserving a good and sufficient right of way to the so-called upper springs for a pipeline eiand all other rights of way and reservoir sites which may at any become necessary for the proper enlargement or improvement of the water works system which now supplies the said Town of Grand Valley with water for fire and domestic purposes." And the Agreement between Rea L. Eaton and The Town of Grand Valley recorded May 11, 1961 in Book 334 at page 79 as Reception No. 213715. (All lands in Section 5) .8. Right of way easement as granted to Western Slope Gas Company by James H. Smith, Jr. by document recorded July 5, 1962 in Book 342 at page 565 as Reception No. 216053. (NW SW4 Section 10, SWNISE4, SEIsSE'K Section 9) 19. Right of way easement as granted to Holy Cross Electric Association, Inc., by James H. Smith, Jr. by document recorded September 17, 1974 in Book 464 at page 498 as Reception No. 264797 in which specific location is not defined. 20. Terms, easements and restrictions as shown or noted on the plat of Orchard Place as contained in the Statement Ei thereon recorded n 8) March 24, 1911 as Reception No. 41574. (SW4, Fas B-5 mK 6) P10E 53 i 21. License Agreement between Battlement Mesa Inc., Tosco Communities Corporation and Storer Cable T.V. recorded November 16, 1981 in Book 586 at page 211 as Reception No. 321538. 22. Declaration of DATE RECORDED June 3, 1985 June 3, 1985 easements by Batlement Mesa BOOK/PAGE REC. NO. 669/648 362160 669/653 362161 June 3, 1985 669/659 362162 June 3, 1985 669/665 362163 June 3, 1985 669/672 362164 Jure 3, 1985 669/677 362165 June 3, 1985 669/682 362166 June 3, 1985 669/687 362167 June 3, 1985 669/692 362168 June 3, 1985 669/699 362169 June 3, 1985 669/705 362170 June 3, 1985 669/711 362171 June 3, 1985 669/716 362172 June 3, 1985 669/723 362173 June 3, 1985 669/728 362174 June 3, 1985 669/733 362175 June 3, 1985 669/740 362176 June 3, 1985 669/747 362177 June 3, 1985 669/752 362178 June 3, 1985 6691757 362179 June 3, 1985 669/762 362180 June 3, 1985 669/767 362181 June 3, 1985 669/772 362182 June 3, 1985 669/777 362183 June 3, 1985 669/783 362184 June 3, 1985 669/788 362185 June 3, 1985 669/793 362186 June 26, 1985 671/267 362837 November 26, 1985 686/444679/550 3701486906 April 10, 1986 December 28, 1987 726/857 388564 October 5, 1988 June 9, 1989 742/180 395840 755/896 402239 , Inc. as set out below: LAND AFFEL rr:D SD( Section 18 W1 Section 17 Eh Section ).8 NW3I Section 19 NE31 Section 18 N3. Section 18 SE1/2 Section 18 NEWW1/2, , NW3SEh Section 7 NWh Section 17 NW3% Section 17 NW3 Section 17 NE3 SE3ll Section 8 S3SEh Section 7 NW3 Section 18 NE33SEh Section 8 SEh Section 18 N3 NWh Section 19 SW3ISW3 Section 18 NE3i Section 18 SE1/2 Section 7 Eh Section 19 SW4 Section 18 SW11 Section 8 NWh Section 8 Sas Section 18 N1 Section 19 Pt. Sections 17, 18, 19 and 24 NEh Section 18 NWh Section 17 NE1 Section 18 NWh Section 17 NEh Section 24 NE3SE3 Section 7 SE3 Section 18 NEh Section 7 SE3 Section 6 SE3iNW3 Section 17 NEh Section 7 SE( Section 6 B-6 4 April 10, 1986 May 23, 1988 November 3, 1989 686/439 734/788 766/297 23. Deeds of Dedication for NAME County Road No. 307 (River Bluff Road) Morrisania Road Battlement Parkway 370147 392256 407082 the following: RECORDED January January January 10, 10, 10, 1989 1989 1989 769 ? CE 5 s i SEN Section 17 NEN Section 17 SWN Section 17 BOOK/PAGE REC.NO. 747/177 747/178 747/179 398266 398267 398268 24. Declaration of License for utilities recorded April 21, 1988 in Book 732 at page 889 as Reception No. 391391. 23. Underground electrical easements being 10 feet in width as granted to Holy Cross Electric Association by the following documents: RECORDING DATE BOOK/PAGE REC. NO. LAND AFFEL1h1) April 22, 1982 597/878 327005 NWN Section 17 April 22, 1982 597/879 327006 NWN Section 17 May 3, 1982 598/482 327354 Lot 1, Block 1, Town Center Phase One June 3, 1985 669/798 362187 SW3rSE'I Section 7 NINES' Section 18 NW31NW3 Section 17 629/939343523 Willow Creek Village No.2 July 1, 1983 26. Pipeline easement being 35 feet in width as granted to Northwest Pipeline Corporation by document recorded September 23, 1982 in Book 608 at page 664 as Reception No. 332747. (EN Section 9) 27. Gas System Utility easements being 10 feet in width as granted to Public Service Company of Colorado by documents recorded April 7, 1983 in Book 624 at page 496 as Reception No. 340721, (Block 2, Willow Creek Village No. 2); and recorded April 7, 1983 in Book 624 at page 498 as Reception No. 340722, (Block 1, Willow Creek Village No. 2). 28. Open End Leasehold Mortgage between City Market, Inc. a Colorado Corporation and Citibank, N.A. recorded October 28, 1988 in Book 743 at page 489 as Reception No. 396437. Applies to leasehold interest only. 29. Terms and conditions of the County Subdivision Resolutions as set out below: SUBDIVISION NAME RESOLUTION NO. REC. NO. River Bluff Filing No. 1 84-102 352892 B-7 +?K 769 PtGE538 River Bluff Filing No. 683-75 339454 River Bluff Filing No. 8 83-76 339455 River Bluff Filing No. 983-77 339456 Jacks Pocket Village Filing No. 1 83-78 339457 Jacks Pocket Village Filing No. 5 88-019 389881 Battlement Cemetery 84-103 352893 Battlement Mesa P.U.D. 82-121 333476 30. Subdivision Improvement Agreement between Battlement Mesa Inc. and Garfield County, et al, pertaining to Mesa Ridge (Phase I) recorded September 13, 1988 in Book 741 at Page 69 as Reception No. 395254. 31. A11 easements, rights of way, roads, streets, drives, places, boulevards, and restrictions as set forth on the Plats of the following subdivisions: Monument Creek Village Section One 318004 Monument Creek Village Section Two 319920 Monument Creek Village Filing No. 4 368452 Willow Creek Village Section One 321237 Willow Creek Village Section Two 322310 Battlement Creek Village Section One 321539 Battlement Creek Village Section Two 326397 Tamarisk Subdivision Filing No. 1 316729 Tamarisk Subdivision Filing No. 2 323297 297 Town Center Filing No. 1 321375169 Town Center Filing No. 2 375170 Town Center Filing No. 3 371428 River Bluff Filing No. 1 344070 River Bluff Filing No. 6 344071 River Sluff Filing No. 8 River Bluff Filing No. 9 34407234072 and Replat Jacks Pocket Village Filing No. 1 344064344063 Jacks Pocket Village Filing No. 2 Jacks Pocket Village Filing No. 3 344065 Jacks Pocket Village Filing No. 5 389773 Saddleback Village No. 1 39385239852 Burning Rock Subdivision 395200 Mesa Ridge Phase I 32. A11 Restrictions, Covenants, Conditions and Declarations of the Subdivisions set forth on Schedule A hereof,BOOK ofollows: REC. N0. SUBDIVISION NAME GE321535 Battlement Creek Village Section 1 586/188596/537 32535 Battlement Creek Village Section 1 Battlement Creek Village Section 2 and 747/355 398324 Battlement Creek Village Section 1 587/731 398324 Town Center Filing No. 1 B-8 769 P?. r.; E 7 9 Willow Creek Village Section 2 588/186 322531 Willow Creek Village Section 2 747/340 398322 Willow Creek Village Section 1 585/532 321236 Willow Creek Village Section 1 747/348 398323 ..0 nument Creek Village Section 1 578/951 318005 Monument Creek Village Section 1 583/456 320285 Monument Creek Village Section 1 597/409 326822 Monument Creek Village Section 1 597/423 326824 Monument Creek Village Section 1 650/819 352845 Monument Creek Village Section 2 582/721 319919 Monument Creek Village Section 2 597/416 326823 Saddleback Village Filing No. 1 747/292 398321 Mesa Ridge 757/504 403093 33. Organization of the following districts: NAME OF DISTRICT RECEPTION NO. Battlement Mesa Water and Sanitation 325891 Parachute/Battlement Mesa Park & Recreation 336199 & 348440 Battlement Mesa Metropolitan 375738 Saddleback Metropolitan 389195 34. All uranium, thorium or any other material which is or may be determined to be peculiarly essential to the production of fissionable materials, whether or not of commercial value, together with the right of the United States through its authoried agents or repre- sentatives at any time to enter upon the land and prospect for,mine and remove the same, pursuant to the provisions of the Act of August 1, 1946 (60 Stat. 755) as reserved in the Patent recorded June 15, 1954 in Book 277 at page 78 as Reception No. 186136. 35. An undivided one-half interest in and to all of the oil, gas and oi.;er minerals and mineral rights as reserved to Hallie Parkhurst in Warranty Deed recorded July 27, 1957 in Book 302 at page 200 as Reception No. 198564, and Deed recorded September. 14, 1950 in Book 252 at page 492 as Reception No. 173469 and as vested in Madeline M. Parkhurst by Last Will and Testament of Hallie Parkhurst recorded August 1960 in Book 329 at page 411 as Reception No. 210287, and any all assignments thereof or interests therein. (Said interest and actually being an undivided 25%; see below: An undivided 355/710 landowners royalty interest in and to all of the oil, gas and other minerals in and under and that may be pro- duced, together with the right of ingress and egress at all times for the purpose of mining, drilling, exploring, operating and developing said lands for oil, gas and other minerals and storing, handling, transporting and marketing the same therefrom with the right to remove from said land all of the Grantee's property and improvements as conveyed from Hallie Parkhurst, Grantor, to Joe T. Juhan, Grantee in Mineral Deed recorded October 13, 1943 in Book 208 at page 440 as Reception No. 150104. ,NOTE: At the Effective Date hereof the above cited 355/710 Landowners Royalty Interest appears to be vested as follows: 4 I OWNER INTEREST VESTING-NDOCUMENT B-9 Rag Royalty, Inc. J. E. Sayre Dena E. Smith George Bakke 25/710 1/16 150/710 80/710 BOOK '769 na54O 236977 151735 210452 151424 171257 Barbara Jean Hunter, Edward N. Julian and Joe P. Juhan Balance remaining 311850 36. An undivided one-half interest of all the oil and mineral rights as reserved to The Colorado National Bank of Denver as Executor and Trustee under the Last Will and Testament of George H. Curfman in Deed recorded September 26, 1950 in Book 254 at page 143 as Reception No. 173627 37.An undivided one-half interest of all oil and mineral rights as reserved to Elsie D. Curfman, her heirs and assigns in Warranty Deed recorded September 26, 1950 in Book 254 at page 142 as Reception No. 173626 38. Reservation of oil, gas and other minerals in, under or that may be produced from subject property, as reserved to Exxon Corporation, a New Jersey Corporation in Special Warranty Deed recorded April 9, 1981 in Book 569 at page 301 as Reception No. 313722. 39. Reservation of minerals and mineral rights in and under subject property together with the right and privilege of mining and/or removing the same insofar as such can be removed without materially impairing the subsurface or lateral support of said land as reserved by Tosco Corporation, a Nevada Corporation in Special Warranty Deed recorded September 14, 1981 in Book 581 at page 255 as Reception No. 319155. 40. An undivided 49% interest in all oil, gas and other minerals as conveyed to Ralph H. Raymond by Hallie Parkhurst by deed recorded in Book 227 at page 301 as Reception No. 161720. 41. Undivided one-half interest in all oil, gas and other minerals as reserved by Fred Werhonig by deed recorded June 7, 1948 in Book 236 at page 184 as Reception No. 164984. 42. Undivided one-half interest in all oil, gas and other minerals as reserved by H. J. Underwood by deed recorded in Book 260 at page 490 as Reception No. 177472. 43. Undividd one-fourth interest in all oil, gas and other minerals as reserved by James H. Smith, Jr. by deeds recorded September 3, 1974 in Book 464 at page 176 as Reception No. 264618 and recorded January B-10 BOOK 769 PncE54.1. 30, 1980 in HOOK 543 at page 103 as Reception No. 301315. 44. Undivided 1/2 interest in all oil, gas and other minerals as reserved by J. E. Sipprelle by deed recorded February )7, 1941 in Book 204 at page 297 as Reception No. 151035. 45. Undivided one half interest in all oil, gas and other minerals as reserved by Edward A. Collier in warranty deed recorded January 30, 1958 in Book 306 at page 458 as Reception No. 200484. 46. Undivided 50 per cent of all oil, gas and other minerals as reserved by Clara E. Mahaffey by document recorded October 28, 1943 in Book 207 at page 607 as Reception No. 150200. 47. Undivided one half interest in all oil, gas and other minerals as reserved by Fred Gardner and Henrietta Gardner by document recorded July 12, 1957 in Book 301 at page 210 as Reception No. 198055. 48. Undivided one half interest in all oil, gas and other mineral rights as reserved by Mary B. Bailey in the deed to Earl C. Moore and Audrey S. Moore recorded July 9, 1947 in Book 227 at page 283 as Reception No. 161612. By the terms of the Will of Mary B. Bailey recorded September 5, 1978 in Book 515 at page 35 as Reception Vo. 288193, Roy Jensen was the named devisee of all mineral rights of the testatrix. 49. Undivided one fourth interest in all oil, gas and other mineral rights as conveyed by Rae L. Eaton to Earl C. Moore and Audrey S. Moore in deed recorded June 29, 1955 in Book 285 at page 358 as Reception No. 190320. 50. All minerals underlying subject property now owned as follows: (Lot 7, Section 7) a. Exxon Corporation as to an undivided 30.60 per cent interest. b. Tosco Corporation as to an undivided 20.40 per cent interest. c. Eva M. Mahaffey and Irene P. Mahaffey as to an undivided 49 per interest. NOTE: By Deed from Forrest C. Mahaffey, executor of the Estate of Clara E. Mahaffey, deceased to Charles E. Haberman, recorded February 14, 1961 in Book 332 at page 318 as Reception No. 212759 the grantee was conveyed an undivided 51 per cent of all minerals underlying subject property. The 51 per cent of all minerals conveyed to Charles E. Haberman became vested in Exxon Corporation and Tosco Corporation by deed from Atlantic Richfield Company recorded August 1, 1980 it Book 553 at page 55 as Reception No. 306157. Forrest C. Mahaffey, Executor of the Estate of Clara E. Mahaffey deceased, conveyed an undivided 49 per cent interest in all minerals underlying subject property to Eva M. Mahaffey and Bink 769 ? GE542 Irene P. Mahaffey by deed recorded March 16, 1961 in Book 333 at page 66 as Reception No. 213086. 51. Undivided one half interest in all oil, gas and other minerals as reserved by Carl Davidson by document recorded June 12, 1957 in Book 301 at page 212 as Reception No. 198056 52. Undivided one half interest in all oil, gas and other mineral rights as reserved by The Federal Land Bank of Wichita, Kansas in the deed to Clyde M. Morrow and Mary Belie Morrow recorded in Book 213 at page 269 as Reception No. 153033, and any and all assignments thereof, or interests therein. 53. An undivided 1/32 royalty in all the oil, gas and minerals produced from subject property, said royalty to be delivered free from all costs of production as reserved in the deed from Julia V. Morrow and Ruth V. Keithley to John W. Savage recorded November 10, 1961 in Book 337 at page 480 a4 Reception No. 215643. 54. Undivided one half interest in all oil, gas and other mineral rights as reserved by The Federal Land Bank of Wichita, Wichita, Kansas in the deed to R. 0. Gardner recorded September 9, 1940 in Book 195 at page 583 as Reception No. 140910. 55. Undivided one fourth interest in all oil, gas and other mineral rights as reserved by Ada M. Alderson in the deed to Rea L. Eaton recorded July 9, 1962, in Book 343 at page 1 as Reception No. 218090. 56. Undivided one fourth interest in all oil, gas and other mineral rights as reserved by Madolin F. Christensen as administratrix of the Estate of Ada M. Alderson, deceased in the deed to Battlement Land Company recorded November 22, 1965 in Book 371 at page 229 as Reception No. 232392. 57. Undivided one fourth interest in all oil, gas and other minerals as reserved by Carl U. Tucker and Kathryn M. Tucker by document recorded August 31, 1961 in Book 336 at page 272 as Reception No. 214935. 58. Undivided one fourth interest in all oil, gas and other minerals as conveyed to Wm. Ath Mason and Nata J. Mason by document recorded August 31, 1961 in Book 336 at page 287 as Reception No. 214948. 59. Undivided 1/16 non participating royalty interest as conveyed to Nellie G. Hayward and 21.25% interest as conveyed to Skyline 0i1 Company by document recorded March 26, 1976 in Book 483 at page 772 as Reception No. 271885. 50. Undivided 21.25 per cent of all oil, gas and other minerals as p.xerved by Skyline Oil Company by document recorded September 23, B-12 vox 769 ?M E543 1974 in Book 464 at page 575 as Reception No. 264848. 61. One half of all minerals and mineral rights in, upon, and under subject property for a period of 25 years from and after June 17, 1943 and so long thereafter as oil, gas and/or other minerals or any of them are produced therefrom or the premises are being developed or operated as reserved by the Federal Farm Mortgage Corp., in the Deed to Clyde E. Smith and Effie L. Smith recorded October 27, 1949 in Book 245 at page 462 as Reception No. 170120. NOTE: By Quit Claim Deed recorded October 14, 1947 in Book 304 at page 532 as Reception No. 199315, The Federal Farm Mortgage Corpora- tion conveyed this mineral interest to the United States of America to be administered by the Secretary of the Interior. 62. Undivided one-half interest iall oil, ggas aand deotherrminerals l56as reserved by Della Hittle by document in Book 246 at page 471 as Reception No. 196116. 63. Oil and Gas Lease between Madeline M. Parkhurst Miles, formerly known as Madeline M. Parkhurst and as Madeline Parkhurst, and Ralph W. Ball recorded June 7, 1979 in Book 529 at page 529 as Reception No. 294753 and assigned by Document Nos. 378234 and 379354. Affidavit of Pro- duction recorded as Reception No. 34646J. 64. Oil and Gas Lease between Kathryn B. Ross and Troy G. Ross and North- west Exploration Company recorded January 29, 1981 in Book 564 at page 450 as Reception No. 311481 and amended by document recorded May 1, 1981 in Book 570 at page 626 as Reception No. 314396 and assigned by Document Nos. 356227, 384615 and 387845. 65. Oil and Gas Lease between William E. Bakker and Julia A. Bakker and Northwest Exploration Company recorded January 29, 1981 in Book 564 at page 453 as Reception No. 311482 and amended by document recorded May 1, 1981 in Book 570 at page 634 as Reception No. 314398, corrected by Document No. 364709 and assigned by Document Nos. 354331, 356227, 376610, 384615 and 387845, 66. Oil and Gas Lease between James H. Smith, Jr. and Northwest Explora- tion Company recorded February 5, 1981 in Book 564 at page 885 as Reception No. 311701 and assigned by Document Nos. 354331, 356227, 376610,378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 67. Oil and Gas Lease between Pearl G. Sayre and Northwest Exploration Company recorded February 17, 1981 in Book 565 at page 547 as Reception No. 312009 and assigned by Document Nos. 354331, 356227, 376610, 384615, and 387845. Affidavit of Production recorded as Reception No. 346460. 5-13 8f7K 769 PecE544 68. Oil and Gas Lease between Barbara Jean Juhan Hunter aka Barbara Jean Hunter and Northwest Exploration Company recorded March 26, 1981 in Book 568 at page 192 as Reception No. 313204 and assigned by Document Nos. 354331,356227, 376610, 378234, 379354, 384615, and 387845. Affi- davit of Production recorded as Reception No. 346460. 69. Oil and Gas Lease between Joseph Paul Juhan aka Joe P. Juhan and Northwest Exploration Company recorded March 26, 1981 in Book 568 at page 195 as Reception No. 313205 and assigned by Document Nos. 354331, 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 70. Oil and Gas Lease between Edward Nelson Juhan aka Edward N. Juhan and Northwest Exploration Company recorded March 26, 1981 in Book 568,page 198, Reception No.313206 and assigned by Document Nos.354331, 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 71. Oil and Gas Lease between Miki S. Gardner and Northwest Exploration Company recorded February 1, 1982 in Book 591 at page 987 as Reception No. 324280 and assigned by Document Nos. 354331,356227, 378234,376610, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 72. Oil and Gas Lease between Charles M. Sayre and Northwest Explortion Company recorded February 1, 1982 in Book 591 at page 990 as Reception No. 324281 and assigned by Document Nos. 354331, 356227,378234,376610, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 73. Oil and Gas Lease between Vicki Sayre and Northwest Exploration Company recorded February 1, 1982 in Book 591 at page 993 as Reception No. 324282 and assigned by Document Nos. 354331, 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 74. Oil and Gas Lease between Jenifer Sayre Hartman and Northwest Exploration Company recorded February 24, 1982 in Book 593 at page 441 as Reception No. 325017 and assigned by Document Nos. 354331, 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 75, Oil and Gas Lease between Roy Royalty, Inc.and Northwest Exploration Company recorded March 8, 1982, Book 594, page 149 as Rec.No. 325384 and assigned by Document Nos.354331,356227, 376610, 378234,379354, 384615, and 387845. Affidavit of Production recorded, Rec.No.346460. 75. Oil and Gas Lease between Sarah E. Farris formerly known as Sarah B-14 B i '769 PM 545 Werhonig and James M. Farris and Northwest Exploration Company recordedNovember 3, 1980 in Book 559 at page 212 as Reception No. 309039 and assigned by Document Nos. 354331, 356227, 379354, 378234, 376610, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 77. Oil and Gas Lease between Beatrice L. Underwood and Northwest Exploration Company recorded October 13, 1981 in Book 583 at page 146 as Reception No. 320141 and corrected by Document No. 353852 and assigned by Document Nos. 354331, 356227, 376610, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 78. Oil and Gas Lease between Nellie L. Hefty and Northwest Exploration Company recorded October 13, 1981 in Book 583 at page 148 as Reception No. 320142 and corrected by Document No. 353853 and assigned by Document Nos. 354331, 356227, 376610, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 79. Oil and Gas Lease between Loretta L. Briteman and Leonard Briteman and Northwest Exploration Company recorded October 13, 1981 in Book 583 at page 150 as Reception No. 320143 and corrected by Document No. 353854 and assigned by Document Nos. 354331, 356227, 376610, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 80. Oil and Gas Lease between Myrtle L. Chaffee and Northwest Exploration Company recorded October 13, 1981 in Book 583 at page 152 as Reception No. 320144 and corrected by Document 353855, assigned by Document Nos. 354331, 356227, 376610, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 81. Oil and Gas Lease between Ida L. Clark and Floyd L. Clark and North- west Exploration Company recorded October 13, 1981 in Book 583 at page 154 as Reception No. 320145 and corected by Document No. 353856, assigned by Document Nos. 354331, 356227, 376610, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 82. Oil and Gas Lease between William E. Bakke and Julia A. Bakke and Northwest Exploration Company recorded November 3,1980 in Book 559 at at page 192 as Reception No.309031 and assigned by Document Nos.354331 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 83. Oil and Gas Lease between Company recorded November No.309',32 and assigned by 379354, 384615 and 387845. Reception No. 346460. Dema E. Smith and Northwest Exploration 3, 1980 in Book 559 at page 195 as Reception Document Nos.354331,356227, 376610, 378234, Affidavit of Production recorded as B-15 B00, '*;9 H c 54G 84. Oil and Gas Lease between Kathryn B. Ross and Troy G. Ross and Northwest Exploration Company recorded November 24, 1980 in Book 560 at page 701 as Reception No. 309718 and assigned by Document Nos. 354331,356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 85. Oil and Gas Lease between Gerald M. Quiat, Marshall Quiat and Carole 0. Leight, co -personal representtives of the Estate of Esther G. Quint, deceased and Northwest Exploration Company recorded September 11, 1981 in Book 581 at page 76 as Reception No. 319060 and assigned by Document Nos. 354331, 356227, 376610, 378234, 379354 and 387845. Affidavit of Production recorded as Reception No. 346460. 86. Oil and Gas Lease between Gerald M. Quist and Roberta N. Quiat and Northwest Exploration Company recorded September 11, 1981 in Book 581 at page 78 as Reception No. 319061 and assigned by Document Nos. 354331,356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 87. Oil and Gas Lease between Ralph Williams and W. Lee Williams and Northwest Exploration Company recorded September 11, 1981 in Book 581 at page 80 as Reception No. 319062 and assigned by Document Nos. 354331,356227, 376610, 378234, 379354, 384615, 387845. Affidavit of Production recorded as Reception No. 346460. 88. Oil and Gas Lease between E. James Judd and Northwest Exploration Company recorded September 11, 1981 in Book 581 at page 82 as Reception No. 319063 and assigned by Document Nos. 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 89. Oil and Gas Lease between E. Lee Garlett and Rosealice Garlett and Northwest Exploration Company recorded September 11, 1981 in Book 581 at page 84 as Reception No. 319064 and assigned by Document Nos. 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 90. Oil and Gas Lease between Sheldon Steinhauser and Northwest Explora- tion Company recorded September 11, 1981 in Book 581 at page 86 as Reception No. 319065 and assigned by Document Nos. 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 91. Oil and Gas Lease between Alan H. Bucholtz and Northwest Exploration Company recorded September 11, 1981 in Book 581 at page 88 as Reception No. 319066 and assigned by Document Nos. 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. B-16 Br�71K '769 PlGE547 92. 011 and Gas Lease between James F. Reynolds and Nrfrthwest Exploration Company recorded September 11, 1981 in Book 581 at page 90 as Reception No. 319067 and assigned by Document Nos. 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 93. Oil and Gas Lease between Myer Freidman and Loraine R. Friedman and Northwest Exploration Company recorded September 11, 1981 1n Book 581 at page 92 as Reception No. 319068 and assigned by Document Nos. 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 94. Oil and Gas Lease between Gerald M. Friedman and JoAnne Friedman and Northwest Exploration Company recorded September 11, 1981 in Book 581 at page 94 as Reception No. 319069 and assigned by Document Nos. 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 95. Oil and Gas Lease between D. W. Garlet and Northwest Exploration Company recorded September 11, 1981 in Book 581 at page 96 as Reception No. 319070 and assigned by Document Noc. 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 96. Oil and Gas Lease between McLeed Hittson and Northwest Exploration Company recorded September 11, 1981 in Book 581 at page 98 as Reception No. 319071 and assigned by Document Nos. 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 97. Oil and Gas Lease between L. W. Searle and Violet M. Searle and Northwest Exploration Company recorded November 5, 1981 in Book 585 at page 160 as Reception No. 321081 and assigned by Document Nos. 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 98. Oil and Gas Lease between Jack D. Stockton and Emma F. Stockton and Northwest Exploration Company recorded November 16, 1981 in Book 586 at page 142 as Reception No. 321508 and assigned by Document Nos 356227, 376610, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 99. Oil and Gas Lease between H. I. Waldbaum & Sons Investment Company, a Partnership and Northwest Explotation Company recorded December 28, 1981 in Book 589 at page 356 as Reception No. 323028 and assigned by Document Nos. 356227, 378234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. B-17 Vi}k 769 ?ecE 54.43 ver, 100. wit an d v Gas Lease Garlettween First and Gerald M. Quiatl Bank underfthenWill of Evelyne with Da 24, Q. Garlett and Northwest Exploration Company recorded February 1982 in Book 593 at page 461 as Reception No. 325029 and assigned by Document Nos. 356227, 379234, 379354, 384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 101. Oil and Gas Lease between Craig L. Hayward and Cristy A. Koeneke Akan a Cristy Ann Hayward Koeneke as joint tenants and Northwest Explor Company recorded Februry 5, 1981 in Book 564 at page 904 as Reception No. 311709 and assigned by Document Nos. 356227, 378234, 379354, 376610,384615 and 387845. Affidavit of Production recorded as Reception No. 346460. 102. Oil and Gas Lease between Vera Lehow and Northwest Exploration Company recorded February 5, 1981 in Book 564 at pae 911 as Reception No. 384 11 and d assigned.AffDidavitnofNos. Production/376610, recorded asB234, Reception54, 384615,an No. 346460. 103. Oil and Gas Lease between 5er1981Lehown andkNorthwestat Exploration Company recorded February 7824fandNo. 379354712Affidavitgofdby Produuctionn356227, 2376610, and recordedasReception 378233 3 No. 346460. 104. Oil and Gas Lease between Estate of Nellie G. Hayward, Hester Bertroch, Personal Representative and Northwest Exploration Company recorded May 1, 1981 in Book 570 at page 608 as Reception No. 314390 610, 3877845. AffidavitcofeProduction 6recorded 2as�384615 379354, umnt Nos. Reception No. 346460. 38 105. 011 and Gas Lease between Ralph H. Raymond and 19an1 Fn Raykond3and Northwest Exploration Company recorded June 5, Document Nos. page 537 as Reception No. 315527 and assigned by 354331, 35ion7recorded,as78234, Reception354, 384615 No. 346460,and 387845. Affidavit of Product rch of cientist 106,011 and Massachusetts, anMassachusettsucorporationsandBin The First Northwest Boston, Exploration Company recorded November 2, 1981 in Book 584 at page 766 as Reception No. 320910 and assigned by Document Nos. 378234 and 379354. Affidavit of Production recorded as Reception No. 346460. 107,011 and Gas Lease between Margaret Dunn, Attorney in Fact for Evelyn Davidson and Northwest Exploration485 asren Company recordedd January 29, 1981 in Book 564 at page 311495 and assigned by Document Nos. 354331, 356227, 376610, 384615 and 387845. B-18 Boot( 769 PRGE549 108.011 and Gas Lease between Helen L. Collier and Barrett Energy Company recorded April 22, 1985 in Book 667 at page 442 as Reception No. 361119 and assigned by Document Nos. 366668, 376609, 384615, and 387845. 109. Oil and Gas Lease between Martha Stojanovich July and Jn in Stojanovich and Barrett Energy Company ed 1985by Document Book 672 at page 822 as Reception No. 363612 and assign Nos. 370378, 384615 and 387845. Jr. and Hope Griswold Com 110.011 and Gas Lease between George H. Curfman, July 24, 1985 in Book Curfman and Barrett Energy Company recorded 672 at page 825 as Reception No. 363613, re-recorded July 24 in Book 674 at page 977 as Reception No. 364708 and assigned by Document Nos. 370384, 384615 and 387845. 113. Oil and Gas Lease between ECurfman 24,aka 198511neBook1672se Catfpage and Barrett Energy Company recorded July 828 as Reception No. 363614 and assigned by Document Nos. 366706, 376609, 384615 and 387845. 112. Oil and Gas Lease from Jane Curfman Gwyn and James Gwyn and Barrett gamrqy Company recorded September 9, 1985 in Book 675 at page 135 as Reception No. 364779 and assigned by Document Nos. 370376, 384615 and 387845. 113. Oil and Gas Lease between Renee Christensen and Barrett Energy Company recorded September 9, 1985 in Book 675 at page 143 al Reception No. 364782 and assigned by Document Nos. 370623, 384615 and 387845. 114. Oil and Gas Lease between Nedra C. Gaskill and Franklin P. Gaskill and BaretCompanyded September assigned -by 1985 in Boo675 at Nos. page Energy 366708, 384615 and 387845. 115. 011 and Gas Lease between Eugene G. Fairfax and Juliana D. Fairfax and Company 364784rded Septemeand assignedrby9,195 in Boo675 at Document Nos. page 37O620, 384615 and 387845. 116. Oil and Gas Lease between Gary F. Christensen and Nancy A. Christensen and Barrett Energy Company recorded September 9, 1985 in Book 675 at page 149 as Reception No. 364785 and assigned by Document Nos. 370622, 384615 and 387845. 117. Oil and Gas Lease between Earl C. Moore and Audrey S. Moore and Barrett Energy Company recorded September 9, 1985 in Book 675 at page 157 as Reception No. 364788 assigned by Document No. 366707 which was re-recorded as Document No. 372212 assigned by Document Nos. 384615 and 387845. 5-19 8('!1k 769 Pace 55O 118. 01l and Gas Lease between Irene P. Mahaffey and Garris E. Mahaffey and Barrett Energy Company recorded September 13, 1985 in Book 675 at page 489 as Reception No. 364956 and assigned by Document Nos. 370358, 384615 and 387845. 119. 011 and Gas Lease between Eva M. Mahaffey and Forrest C. Mahaffey and Barrett Energy Company recorded September 19, 1985 in Book 675 at page 674 as Reception No. 365062 and Assigned by Document Nos. 370359, 384615 and 387845. 120. Oil and Gas Lease between Della Hittle Vanbeber and Barrett Energy Company recorded October 1, 1985 in Book 676 at page 475 as Reception No. 365384 and assigned by Document Nos. 366709, 384615, and 387845. 121. Oil and Gas Lease between Lois Meyer and Barrett Energy Company recorded November 29, 1985 in Book 679 at page 670 as Reception No. 366958 and assigned by Document Nos. 376609, 384615 and 387845. 122. Oil and Gas Lease between CCarl ldD. Tucker r,and 8Ka9 thryn oM.k 76 n0 icker pand Barrett Energy Company 251 as Reception No. 404295. 123. Oil and Gas Lease between Nata J. Franklin formerly Nata J. Mason recorded August 7, 1989 in Book 760 at page 253 as Reception No. 404296. 124. Oil and Gas Lease between Farm Credit Bank of Wichita, Wichita, Kansas and Barrett Energy Company recorded September 14, 1989 in Book.762 at page 981 as Reception No. 405597. 125. Oil and Gas Lease between The Federal Land Bank of Wichita, Wichita, Kansas and Barrett Energy Company recorded August 12, 1987 in Book 718 at page 847 as Reception No. 384900 and assigned by Document No. 388162. 126. All oil, gas, minerals, and mineral rights of Garris E. Mahaffey as conveyed to Barbara J. Hoffman et al by document recorded February 28, 1986.in Book 684 at page 480 as Reception No. 369166. (Also attached Document No. 364959) 127. Undivided 40 per cent interest of minerals as conveyed to Exxon Corporation by Tosco Corporation in document recorded June 22, 1982 in Book 601 at page 658 as Reception No. 328724. 128. All of the oil, gas and mineral interests of Diane H. Smith, deceased as conveyed to Saul Braverman et al by document recorded June 16, 1988 in Book 736 at pa c 143 as Document No. 392965. 129. Any loss or damage sustained as a result of claims arising from strip of land quit claimed by Marie Zediker to Krew Investors by document recorded May 5, 1981 in Book 570 at page 851 as Reception No. 314503. B-20 Knox 769 eacf 55 3. 130. Oil and Gas Lease between Roy Royalty, Inc. and Northwest Exploration recorded December 22, 1980 in Book 562 at page 448 as Reception No. 310542. 131. Terms and conditions of Annexation Agreements recorded April 19, 1.982 in Book 597 at page 406 as Reception No. 326821, recorded April 26, 1982 in Book 598 at page 4 as Reception No. 327074 and recorded May 3, 1982 in Book 598 at page 557 as Reception No. 327384. 132. Terms and conditions of Subdivision Improvement Agreement of Battlement Creek Village, Section II recorded April 13, 1982 in Book 597 at page 130 as Reception No. 326685. 133. Oil and Gas Lease between Beulah V. Kosub and Barrett Energy Company recorded June 1, 1987 in Book 713 at page 93 as Reception No. 382378 and assigned by Document No. 387376. 134. 011 and Gas Lease between William I. Parkhurst Barrett Energy Company recorded July 8, 1987 in Book 715 at page 872 as Reception No. 383574 and assigned by Document No. 387377. 135.0i1 and Gas Lease between Harold Parkhurst, Jr. and Barrett Energy Company recorded July 8, 1987 in Book 715 at page 875 as Reception No. 383575. 136. Oil and Gas Lease between John Parkhurst and Barrett Energy Company recorded July 8, 1987 in Book 715 at page 878 as Reception No. 383576 and assigned by Document No. 387378. 137. Terms and conditions of the unrecorded Lease -Purchase Agreement dated April 30, 1981 between Battlement Mes, Inc. (Lessor) and Tosco Corportion (Owners) and Garfield County School District 16 (Lessee). 138. Undivided one-half interest in all oil, gas and other hydrocarbons and minerals as reserved by Clara E. Mahaffey in the Deed to Orville V. Mahaffey recorded August 17, 1946 in Book 219 at pge 551 as Reception No. 158254, and any and all assignments thereof or interests therein. 139.011 and Gas Lease between the United States of America (Federal Lease *01524) and Joe T. Juhan recorded April 21, 194A;in,Book 283 at page 345 as Reception No. 189331 'aEia"his'ignkd,-bycpo.ctrtment No. 358693. Affidavit of Production recorded.wRecppiion„No. 346460. 140. Any and all rights of tenants involved in rented or leased units which are not shown of public record B-21 re, MARY ELLEN DENOMY 308 Tamarack Circle Battlement Mesa, Colorado 81635 December 10, 2009 Garfield County Board of Commissioners 108 Eighth Street Glenwood Springs, CO 81601 RE: Public Hearing for Williams SUP at GV 82-5 and PA 41-9 Dear Commissioners: I feel that Williams Production RMT should be assessed a significant financial penalty for failing to obtain the necessary Special Use Permit prior to drilling in the Battlement Mesa PUD. When any of us started our homes we were required to get a permit. I have recently added an addition to my home. A ridiculous requirement was made of me to pay for a driveway permit to add a room to the back of my home. I have had a driveway for 12 years and this was unnecessary. I paid the fees, got the driveway permit, got the addition permit and paid the fees as well. These are the rules, I followed them, did not complain, nor try to do an end around to avoid complying with the county rules. If any oil and gas operator is allowed to be given carte blanche without being fined as a punishment for not complying with the rules, then I believe that none of us should be required to pull permits and pay the fees. All parties living and working in Garfield County should be treated equal, therefore no one should be required to need a permit anymore, if Williams is not. Sincerely, Mary Ellen Denomy h/6/24 PP BATTLEMENT CONCERNED CITIZENS Battlement Mesa, Colorado December 11, 2009 Garfield County Board of Commissioners 108 Eighth Street Glenwood Springs, CO 81601 RE: Public Hearing for Williams SUP at Well Pads GV 82-5 and PA 41-9 Dear Commissioners: We are the Battlement Concerned Citizens (BCC), a group of Battlement Mesa residents that are deeply concerned about the impact of the gas drilling industry upon our community and specifically the health effects on our citizens. We have been distressed since the May 27, 2009 meeting that announced plans for ten (10) well pads and up to 200 natural gas wells within our community. Our feelings of outrage and frustration were further heightened when we later learned that another operator, Williams Production RMT Company, had already been drilling within the PUD — without the required Special Use Permit (SUP) — for twenty years! We presented our concerns and recommendations to the Planning & Zoning Commission at their public hearing on November 18t. While they politely listened to us, they completely ignored all that we had to say. And so our last and best hope is today. We will see if it is possible for residents of Garfield County to be heard above the cry of "DRILL, BABY, DRILL." GENERAL COMMENTS 1. Permitting is the primary mechanism by which the county regulates the energy extracting industry. To allow drilling in our community — for twenty years - without the necessary SUP is unacceptable. It is difficult to believe that both the applicant (Battlement Mesa Land Investment Partners) and the operator (Williams) were not aware of this fact. The applicant certainly knew their land was in the PUD. The operator is a large, successful and profitable company that has a staff of experts to ensure that all regulations are followed. Of course the county staff at that time did not do their job to protect public health and safety from a hazardous industry. We see this as a serious failure of the regulatory system and feel that a significant penalty is appropriate. Without a penalty there is no incentive to obtain required permits in advance. The only way to avoid future violations is to make it more expensive than following the rules. Garfield County must not create the impression that "it is better to ask forgiveness than to ask permission." Therefore we request that a significant monetary penalty of both the applicant and the operator be imposed. 2. We request that the Commissioners direct the Planning Department staff to conduct an internal audit to determine how many instances there are of permits being issued "after the fact." This would help to determine if there is a systemic problem. 3. We request that the Commissioners direct the Planning Department staff to review existing permitting procedures and modify them as needed to ensure that this type of system failure does not happen again. APPLICATION COMMENTS 4. The planning staff and Environmental Health Manager recommend that Volatile Organic Compound (VOC) emission controls be installed on both well pads. While we wish this had been done 20 years ago, we support this recommendation. We further request that a plan for environmental monitoring of air and water supplies in both areas be required. 5. The planning staff recommendation of requiring annual reporting by the applicant seems inadequate. It would seem that quarterly reporting by the operator would be more appropriate and we request that such reporting be required. 6. The planning staff recommends that ALL materials resulting from the extraction and processing activity shall be removed from the site. We agree and would specifically require that the extraction pit contents and liner at GV 82-5 be disposed of in an approved manner. If the completed well pad at PA 41-9 had an extraction pit that has already been removed, testing of the soil at that site should be required. We request that the Commissioners ask for such provisions. 7. The regulations and requirements are directed at the operator but we all know that the majority of the actual field work is done by sub -contractors. Unless this issue is covered elsewhere, we request that the Commissioners stipulate that any sub -contractor of the operator will be held to the same requirements as the operator. 8. The staff report indicates that the fraccing fluid chemicals are identified in the application. We request that the Garfield County Environmental Health Manager be asked to examine that list to determine if any are toxic or carcinogenic. If any of the chemicals used are toxic or carcinogenic, we further request that adjacent water supplies, such as the Colorado River and public and private water wells be tested on an ongoing basis for those chemicals. It should be noted that Well Pad GV 82-5 is within 100 feet of the Colorado River bank, which is a short distance up -stream from the Battlement Mesa water supply intake. 9. Periodic Review, as specified in section 9.03.05, is assumed to mean an on-site, physical inspection by a county staff person and we recommend that such clarification be included. The specified frequency of not less than every six months seems inadequate for well -pad GV 82-5. We request that the Commissioners recommend an immediate on-site inspection of that well -pad and monthly re -inspections thereafter, until completion has occurred. 10. The regulations specify that the County Commissioners may require security before an SUP is issued. If the Commissioners require that the operator perform tasks that were not -2- previously planned, it would seem appropriate to require the operator and/or applicant to provide a bond or equivalent in an amount sufficient to ensure that all site rehabilitation work is completed. We request that the Commissioners direct that a security bond be required, in such an amount as to be calculated by the Planning Department staff. In conclusion, we appreciate the opportunity to present our issues and concerns to you and hope they are received in the manner in which they were intended; namely, to help protect the public health and safety of our citizens and to correct a problem that we all hope will never happen again. Sincerely, Battlement Concerned Citizens Dave Devanney, Co -Chair 970-285-2263 dgdevanney@comcast.net Ron Galterio, Co -Chair 970-285-0243 mrgalterio@aol.com 3