r -t:l,,/d if 1

Exhibits - Public Hearing (7/2/07)

Exhibit Exhibit Letter

(A to Z) A Proof of Mail Receiots B Proof of Publication C Garfie ld County Zonin o Regulations of 1978, as amended (the Zonino Code) D Staff Memorandum E Aool.ication F Memo from Dean Rioos of the Colorado Division of Wildlife dated 6-14-2007

G Memo from Jake Mall of the Garfield County Road and Bridge Depanment dated 6-4-2007 Email correspondence chain from Dwight Whitehead of the Colorado Division of

H Water Resources, David Fox of Fox Engineering Solutions LLC and Doug Weaver of Will iams Production RMT Co. dated most recently 6-20-2007

I Email correspondence with Cynthia Love of the Colorado Division of Water Resources dated most recently 5-8-2007

J Memo from Chris Hale P.E. of Mountain Cross Engineerino dated 6-22-2007 K Memo from the Garfield County Oil and Gas Department dated 6-22-2007

L Memo from Steve Anthony of the Garfield County Vegetation Management Deoanment dated 6-22-2007

L

r7 7/fp1--o ~ '!7--'P>"' h FbSf-fA'1) r J/"o?'OH f'>=<5 ~,y -<> (? S (Pd - t:l,,/d ~f ?,op (tJ-St C, If 1 ~ ?:'G.cf'cVjS

Exhi bits - Public Hearing 0/2/07)

Exhibit Exhibit Letter

(A to Z) A Proof of Mail Receipts B Proof of Publication C Garfie ld County Zonin o Recru lat ions of 1978, as amended (the Zonin o Code) D Staff Memorandum E Application F Memo from Dean Ri ous of the Colorado Division of Wild life dated 6-14-2007

G Memo from Jake Mall of the Garfield County Road and Bridge Department dated 6-1-2007 Email correspondence chain from Dwight Whi tehead of the Colorado Division of

H Water Resources, David Fox of Fox Engineering Solutions LLC and Doug Weaver of Wi ll iams Production RMT Co. dated most recent ly 6-20-2007

I Email correspondence with Cynthia Love of the Colorado Division of Water Resources dated most recen tl y 5-8-2007

J Memo from Chri s HaJe P.E. of Mountain Cross Enoineerin o dated 6-22-2007 K Memo from the Garfie ld County Oil and Gas Department dated 6-22-2007

L Memo from Steve An thony of the Garfield County Vegetation Management Department dated 6-22-2007

BOCC 71212007 DP

PROJECT INFORMATION AND STAFF COMMENTS

TYPE OF REVIEW:

SUMMARY OF REQUEST:

APPLICANTIPROPERTY OWNER:

LOCATION:

SITE INFORMATION:

ACCESS:

EXISTING ZONING:

ADJACENT ZONING:

I. DESCRIPTION OF THE PROPOSAL

Special Use Permit (SU P)

The Applicant requests a SUP for an "Industrial Support Facility" which would include an office and storage facility in the RL zone district.

Williams Production RMT, Co.

Section 27, Township 7, Range 96 Generally described as a tract of land approximately 6 miles west of the Town of Parachute, located between 1-70 and Highway 6 & 24 (East of Travelers Highlands Subdivision).

An approximately 38.66 acres and described as 431 CR 246

Access to the property will be from County Road 246

Resource Land (RL) - Gentle Slopes and Lower Valley Floor

RL (Resource Lands) OS (Open Space)

The Building and Planning Department received a Special Use Permit (SUP) app licat ion for an "Industrial Support Facili ty" compri sed of an office and storage fac ility for Williams Production RMT located at 43 1 CR 246 west of Rifle, The location of the offi ce is on a 38,66 acre parcel north of 1-70, west of the City of Rifle and east of Ruli son with access off CR 246,

More spec ifically, the Applican t requests approval from the Board for an " industrial support facil ity" to accommodate an office and storage fac ility in the Resource Lands - Gentle Slopes and Lower Valley Floor zone di strict, The proposed fac ility is to encompass 2 acres of the 38,66 acre parcel, The Applicant has already constructed an office fac ility on the location (see photo on nex t page) which Stafr understands is currently being served by portable toilets <lOd hauled water, The Appl icant states thai "the ex isting 12' X 60' modular unit would be rep laced by a 14' X 66' modular unit to suppon construction and product ion activities in the area." The applicant goes on 10 say thaI " in add ition to the modu lar unit , two 10X20 slOrage bu ildings are on the sile. These buildings are used to store commonly used oil field parts for repai r of production equipment and racilities." The rac ility is

- I -Wi ll iams Product ion RMT Co.

Special Use Permit BOCC 71212007

proposed to accommodate 1·3 employees. around 20 vehicle Lrips per day and be in place for 15·20 years or generally the duration thai Williams Production RMT is operating in Ihe Ruli son area.

Proposed Office Locat ion

•

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£d. I .. fa b.l. t ' -i _ ~ i

Proposed Development:

a) Two IOX20 storage buildings 225' x 50' Warehouse Building b) One 14' X 66' modular office unit

Proposed Activities:

a) Siorage b) Office

II. SITE DESCRIPTION The 38.66-acre property is located approximately 7 miles west of the City of Rifle on County Road 246 (See Maps on Following Pages). Access is provided via County Road 246. The property generally slopes to the south and is vegetated with grasses, sage and juniper. See Photos on following page.

- 2 -Williams Production RMT Co.

Special Use Permit BOCC 7/2/2007

Existing Storage Sheds

1-70

Existing Oflice Facility

';----'

County Road 246

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- 3 -

Existing Portable Toilets

Wi ll iams Production RMT Co. Special Use Permit

BOCC 7/2/2007

os

os

j

" Williams Production RMT Co. - Office Faci lity + W E

o 1750 3500 7000 Feet S L-~~-L-L~~~~I

- 4-Williams Product ion RMT Co.

Special Use Permit BOee 7/2/2007

CoorlI)'Ro;)()S..')(X)5

HighwaysOivided - <all <IIhe< ~~

CODE - fron"""J<' Raad

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Williams Production RMT Co. - Office Facility Gas Wells

o 1.750 3,500 7.000 Fee!

- 5 -

N W+E S

Williams Production RMT Co. Special Use Permit

BOee 7/2/2007

N

o 395 790 1.580 Feet

. 1\ "yE s

Williams Production RMT Co. - Office Facility

- 6 -Will iams Production RMT Co.

Special Use Permit BOee 7/2/2007

III. REFERRALS 8taff referred the application out to the following review agencies and or County Departments:

a. Rifle Fire Protection District: b. Colorado Division of Wildlife: c. Garfield County Road & Bridge Department: . d. Garfield County Vegetation Management: e. Mountain Cross Engineering f. Garfield County Oil and Gas Department

IV. COMPREHENSIVE PLAN

No Comments Received See Exhibit F See Exhibit G See Exhibit L See Exhibit J See Exhibit K

The property lies within Study Area 3 and is designated on the proposed land use map as Outlying Residential. The Applicant has proposed a use that is industrial in nature which conflicts with the present designation. Consider the following Goals, Objectives, and policies that apply to the proposal:

a. Goals

Future. long-term commercial and industrial development at the western and interchange parts of the County and Communities.

Garfield County will encourage the development of a diversified industrial base for the County which recognizes the human resources. natural resources. and physica/location-tomarket capabilities of the community. and which further recognizes and addresses the social and environmental impacts of industrial uses.

The subject property is located near the Rulison 1·70 interchange and off County Road 246. As is demonstrated in the above aerial photo and gas well location map, the area is currently heavily utilized for natural gas development. The proposed office and storage facility is to serve as a satellite service and communication area for existing natural gas development in the area. Without such a facility, it is logical to discern that these vehicle trips will end up in Parachute or Rifle. The facility is to employ up to 3 individuals full time as well as provide storage for commonly used gas field equipment within the two 1 OX20 foot storage sheds utilized at the nearby wells.

b. Objectives

4.1 To ensure that commercial and industrial developments are compatible with adjacent land uses and mitigate impacts identified during the plan review process.

The subject property is located in a rural , increasingly industrial area primarily characterized as industrial natural gas production area along with grazing activities. There is limited residential development in the area. The proposed facili ty is to serve as a support facility for the existing natural gas development in the area. As such, it is Staff's opinion that the proposed facility is compatible with the uses in the area.

4.2 Encourage the location of industrial development in areas where visual, noise, air quality. and infrastructure impacts are reduced.


Special Use PermJI BOCC 7/2/2007

The facility is currently visible from 1-70, but it is set back from the Interstate and is not overly detrimental to the area when compared to other neighboring gas development. As can be seen in the aerial photo above, there is a significant amount of gas development in the area of this facility. As such, the location of this facility will help reduce overall noise, air quality and infrastructure impacts by potentially reducing vehicle miles driven if the employees otherwise needed to drive to Parachute or Rifle.

4.6 Ensure the type, size, and scope of industrial and commercial development are consistent with the long-term land use objectives of the county.

The Plan's proposed land use map identifies this property as Outlying Residential rather than Light Industrial which would be a more appropriate designation. However, one of the goals in the plan is to locate the proposed use near or at interchanges in the western part of the County. Based on this, it appears the use could be considered consistent with the Plan.

4 REVIEW STANDARDS Special Uses are subject to the standards in Section 5.03 of the Zoning Resolution. In addition, the proposed use, due to its industrial nature, shall also be required to address the industrial performance standards in 5.03.07 and 5.03.08 of the Zoning Resolution. These review standards are presented below followed by a response by Staff.

A. Section 5.03 Review Standards

1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use;

Staff Finding 1) Water:

- Quantity:

The Applicant has provided a Water Supply Contract which is currently in place between the Colorado River Water Conservation District (CRWCD) and American Soda, LLP. In addition, the Applicant has provided an Assignment of Contract from American Soda, LLP to Williams Production RMT. Within the contract , the CRWCD agrees to deliver water to Williams Production RMT contingent upon Williams Production RMT payment to the CRWCD on an annual basis. In addition , the contract is good for up to forty (40) years from the date of execution (November 18, 1999). The proposed facility is expected to be in place for 15-20 years or however how long gas development continues in the area. The water is contracted from the Wolford Reservoi r, which is owned and operated by the CRWCD in Kremmling, Colorado. The Applicant states that Williams Production RMT has legal right to 200 acre-feet per year from the CW-99-14 contract. According to the Applicant's calculations, the facility is anticipated to us 100 gallons per day or .11 acre-feet per year. Based on this analysis, it is apparent that the contract affords the Applicant an adequate legal supply of water for the proposed facility. However, as the source of water is not on the property (such as a well) and the contract can be terminated by the CRWCD for non-payment, in Staff's opinion the stability of the contract is questionable. Staff has solicited the opinion of Dwight Whitehead at the Division of Water Resources regarding this contract (See Exhibit H). Initially, Dwight had the following remarks concerning this proposed source of water:

''This is NOT proof of a "legal and adequate" water supply, it is only a



contract for replacement water from the Colorado River Water Conservation District (CRWCD). A plan of augmentation must be decreed through Water Court or a Temporary Substitute Water Supply Plan (TSWSP) would need to be filed with our office (State Engineers Office), paralleling a pending Water Court Case for the proposed uses. Additionally if ground water wells are proposed, Williams RMT would need to submit proof of valid well permits, either issued per a decreed plan of augmentation or TSWSP which would need to match the uses for the proposed office facility.

Per your question regarding CRWCD contracts; anyone purchasing CRWCD water would need a decreed plan of augmentation through Water Court or TSWSP paralleling a pending Water Court Case. The CRWCD does NOT have a TSWSP like Basalt & West Divide Water Conservancy Districts, so we do not see CRWCD contracts as often as we do for Basalt & West Divide Water Conservancy Districts, because Water Court action is needed prior to water diversion or issuance of water well permits."

However, following discussions with the Applicant and the relevant engineer, Dwight Whitehead had the following comments:

"Per review with Alan & Jim we can administer the proposed diversion as a reservoir release. You must quantify the numbers and specify how many acre-foot of the River District contract will be dedicated for this diversion. As you know the Division of Water Resource takes care of water administration so you must provide accounting and timing when the reservoir releases and diversions will occur, by notifying Jim Lemon (Water Commissioner). Currently we assess ten percent transportation losses, which is subject to change. "

Due to this correspondence, it is Staff's opinion that if the DWR can administer the proposed diversion as a reservoir release, then it is being considered a legal source of water for the parcel by the DWR. Chris Hale of Mountain Cross Engineering provided the following comments regarding the proposed water supply: "a water well is stated as existing on site but may not be permitted for commercial uses. Revising the permit to allow for commercial uses may be necessary if hauling water is determined to be unreliable and/or treatment is not possible. " To this end, although this is an unusual Circumstance, it is Staff's opinion that this is a legal and adequate source of water for the proposed use. However, the ultimate determination of "legal and adequate" is at the discretion of the Board of County Commissioners.

- Quality:

The water proposed to be dispersed to the subject facility is raw water from the Colorado River. The Applicant is not proposing to treat this water in any capacity. The use of the above referenced water is to be for restroom facilities and fire suppression purposes only and is not proposed to be used for potable purposes. However, as this water is intended to be used for sanitary purposes, it is Staff's recommendation that the water be rudimentarily treated prior to use within the restroom facility. The Applicant is proposing to bring bottled water to the facility for drinking water.

2) Sanitation and Wastewater:

- 9-Williams Production RMT Co.

Special Use Permil BOCC 71212007

. Sewage and Wastewater Disposal:

The Applicant is proposing to fill a cistern with water for the restroom facilities with raw Colorado River water and dispose of the restroom waste through an ISDS. The Applicant has provided Garfield County ISDS permit number 2458 which identifies the septic tank capacity to be 1000 gallons. The Applicant has indicated in the Application that a representative of the Garfield County Building Department made a site visit to this location on April 9, 2007. According to the Applicant, the existing ISDS can handle up to 450 gallons/day. The Applicant is proposing three (3) full-time employees on the site which, at 15 gallons/person/day would result in total usage of up to 45 gallons per day. It is Staff's opinion that the ISDS capacity is adequate to handle the presumed full·time employees as well as transient employees who are not on site full -time. The cistern is proposed to be buried. The Applicant explains:

An 1800 gal cistern, installed by previous owner. will be fi lled as needed with water transported to the site by truck. Williams' personnel at the site will monitor the water volume dally and will have the cistern refilled as needed. Bottled water will be provided at the site for drinking purposes.

Williams will install a pump at the cistern capable of producing 5 GPM and a pressure system to provide water for the rest room facili ty located in the 14X66 modular unit.

As the Applicant's engineer explains (See Exhibit H), "all water utilized will be considered 100% consumptive without any claimed return floWS."

• Fire Protection:

It was Staff's understanding prior to sending referrals that this subject property is within the Rifle Fire Protection DistriCt. It appears that the property is actually within the Grand Valley Fire Protection District. The comments provided by the Applicant from Rob Ferguson of the Grand Valley Fire Protection District indicate that ~he advised that a 2500 gallon water storage tank is required at the proposed facility for fire suppression.n

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 Finding The Applicant indicates that total traffic will be 20 vehicle trips per day. The Gartield County Road and Bridge Department expressed no objection to this application. Jake Mall of the Garfield County Road and Bridge Department indicated that "the driveway access already in use will require an update to a 40·foot X 20·foot asphalt pad 4-inches in depth. The asphalt should be in place as soon as possible following approval of th is application. A stop sign will be placed at the entrance to CR 246. The stop sign and the installation shall be as required in the MUTeD. The minimum amount of traffic increase would not have any significant impact on CR 246."

3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character;

- 10 -Wi ll iams Producti on RMT Co.

Special Use Permit BOCC 7/212007

Staff Finding The subject property is located in a rural, increasingly industrial area characterized by intense gas development. In addition, the Applicant has represented that all structures will be at least 100 feet from any neighboring property lines. In addition, Staff recommends the standard condition that all lighting be directed downward and inward toward the interior of the property. As the proposed facility is less intense than many neighboring gas drilling uses, it is Staff's opinion that the office and storage facility are organized to minimize impact on and from adjacent uses of land.

B. Section 5.03.07 Industrial Operation Industrial Operations, including extraction, processing , fabrication , industrial support facilities , mineral waste disposal, storage, sanitary landfil l, salvage yard, access routes and utility lines, shall be permitted, provided:

1) The applicant for a permit for industrial operations shall prepare and submit to the Planning Director ten (10) copies of an impact statement on the proposed use describing its location, scope, design and construction schedule, including an explanation of its operational characteristics. One (1) copy of the impact statement shall be filed with the County Commissioners by the Planning Director. The impact statement shall address the following:

a) Existing lawful use of water through depletion or pollution of surface run-o", stream flow or ground water;

Staff Finding The Applicant has provided a Water Supply Contract which is currently in place between the Colorado Aiver Water Conservation District (CRWCD) and American Soda, LLP. In addition, the Applicant has provided an Assignment of Contract from American Soda, LLP to Williams Production RMT. Within the contract, the CRWCD agrees to deliver water to Williams Production AMT contingent upon Williams Production AMT payment to the CAWCD on an annual basis. In addition, the contract is good for up to forty (40) years from the date of execution (November 18, 1999). The proposed facility is expected to be in place for 15-20 years based on how long gas development continues in the area. The water is contracted from the Wolford Reservoir, which is owned and operated by the CAWCD in Kremmling, Colorado. The Applicant states that Williams Production AMT has legal right to 200 acre-feet per year from the CW-99-14 contract. Accord ing to the Applicant's calculations, the facility is anticipated to us 100 gallons per day or .11 acre-feet per year. Based on this analysis, it is apparent that the contract affords the Applicant an adequate legal supply of water for the proposed facility. However, as the source of water is not on the property (such as a well ) and the contract can be te rminated by the CRWCD for non-payment, in Staff's opinion the stability of the contract is questionable leading to questions regarding the adequacy of the proposed source of water. Staff has solicited the opinion of Dwight Whitehead at the Division of Water Resources regarding this contract (See Exhibit H). Initially, Dwight had the following remarks concerning this proposed source of water:

"This is NOT proof of a "legal and adequate" water supply, it is only a contract for replacement water from the Colorado River Water Conservation District (CRWCD). A plan of augmentation must be decreed through Water Court ora Temporary Substitute Water Supply Plan (TSWSP) would need to be filed with our office (State Engineers Office), paralleling a pending Water Court Case for the proposed uses. Additionally if ground water wells are proposed, Williams RMT would need to submit proof of valid well permits,

- II -Williams Production RMT Co.


either issued per a decreed plan of augmentation or TSWSP which would need to match the uses for the proposed office facility.

Per your question regarding CAWCD contracts; anyone purchasing CAWeD water would need a decreed plan of augmentation through Water Court or TSWSP paralleling a pending Water Court Case. The CRWCD does NOT have a TSWSP like Basalt & West Divide Water Conservancy Districts, so we do not see CAWCD contracts as often as we do for Basalt & West Divide Water Conservancy Districts, because Water Court action is needed prior to water diversion or issuance of water well permits."

However, following discussions with the Applicant and the relevant engineer, Dwight Whitehead had the following comments:

"Per review with Alan & Jim we can administer the proposed diversion as a reservoir release. You must quantify the numbers and specify how many acre·foot of the River District contract will be dedicated for this diversion. As you know the Division of Water Resource takes care of water administration so you must provide accounting and timing when the reservoir releases and diversions will occur, by notifying Jim Lemon (Water Commissioner). Currently we assess ten percent transportation losses, which is subject to change."

Due to this correspondence, it is Staff's opinion that if the DWA can administer the proposed diversion as a reservoir release, then it is being considered a legal source of water for the parcel by the DWR. To this end, although this is an unusual circumstance, it is Staff's opinion that this is a legal and adequate source of water for the proposed use. However, the ultimate determination of "legal and adequate" is at the discretion of the Board of County CommisSioners.

A Storm Water Management Plan (SWMP) has been submitted by the applicant. The plan identifies that the property slopes to the south and is covered with sage brush, some grasses and sporadic junipers. In addition, the plan states that "A barrow ditch will be constructed along the toe of the pad on both the north and west sides. Runoff will then be collected in the ditches and directed to the settling pond. The shallow settling pond will be constructed at the northwestern corner of the pad. The pond will be approximately 12'X12'X3' and will have a 6" overflow pipe installed that will allow the water to be released back into the naturally vegetated terrain below the pond once sediment has settled out of the water." It appears there is some confusion regarding which side of the development pad the barrow ditches should be placed. Based on the understanding that the property slopes to the south, it is Staff's opinion that barrow ditches on the north and west sides of the property will be ineffective at collecting runoff. Staff suggests that the burrow ditches be placed on the south and east sides of the property with a settling pond in the sough east corner of the property in order to collect storm water runoff from the development. In addition, Chris Hale of Mountain Cross Engineering (See Exhibit J) states that "The Storm Water Management Plan describes an area to be disturbed of 2 acres. Th is will require a permil from the State of Colorado. Also, the description of construction activities seems to be incongruent; it describes the land as sloping to the south but with the ditches along the north and west sides into a settling pond at the northwest corner. A site grading plan should be done to verify the feasibility."

- 12 -Will iams Production RMT Co.

Special Use Permi t BOCC 7/2/2007

b) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations;

Staff Finding The Applicant states that there will be a minimum impact on adjacent land due to the generation of vapor, dust, smoke, noise, glare or vibration from the proposed facility due to the placement of the site.

- Vapor and Smoke: This facility will produce the expected emissions from vehicles. As the neighboring uses are of an industrial nature, vapor and smoke are not anticipated to disturb these uses.

- Dust The parking area and access roads are gravel andlor dirt. A dust management plan shall be submitted prior to approval of the Special Use Permit.

- Noise: The Applicant has submitted a noise study for the facility. According to the submitted noise study results, it is anticipated that the facility will meet the noise levels required by the Colorado Revised Statutes.

- Glare and Vibration: The only anticipated glare will be from vehicle mirrors and windows as well as the windows on the office trailer.

Vibration will primarily occur from truck traffic which Staff does not feel will be of a substantial magnitude to emanate outside the property boundaries .

c) Impacts on wildlife and domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use paHerns or other disruptions;

Staff Finding This application was referred to the Colorado Division of Wildlife for their review. Dean Riggs provided the following germane comments:

Currently . the OOW has developed J pllol dcydopln ~1It str~tes:-' \\l lh \~ I l h~!1Is Energ:. u \.(11 a~ the IJLM This st rates:- en,'lsloos ~ rolling st3!;cd dcvclopl1lem 3Cr"OlI~ III~ Inndscal)C from Websu::r 1\'lcs~ to Ihe 1:$\, nlO"ms We<;t toward P;u-ndullc. MIlIg3110fl IS also taking plncc 1111011 the landsc:lp~ III Ilus = to urr~1 ImIH .... IS 10 ",klhf~ Wllh01Il~~ IS also a.~istIllC th~ now "llh a nm!.:: de"'1 nlQl1Ilnnng ~rrort .. Inch trllcks mule lk:cr .. in radio collars '1lthlll thl ~ Dlen with regards 10 Iheir lICuons nnd effect.> OfWIIII~1 drilllll~ TIlls pIlot prOJl.'CI 11"0111101. mcmlon.xl I.itlulilhe ~ppltcaLion. 1101" WIIS lIS poSSIble Imp;)(lS 10 I~ project dl~lIsscd wllh,n Ihe O1pphcauOfl

The DOW 1\ollld a~k W,lhaJnS if lhls 1rlC:lIIOO IS Ihe oot;. 01', '011 . or Ir mlOther IOCllllon outside Ihe plio! project 10000lloo 'Iould be a'·Dl labl~. AgaIn. If thIs IS the ook po$~lble locallon. the DO\\" will address thc chan£cs to Ihe It'lldstap.:: In our piiOl proJCCt mcclIlIgs.

The 10..::11100 oft.hc sue b wililin mul~ dxr '1101." r.u1.!.'C. SCH1 1.' \\"111«',. r:lnl>~ and a..\C;:nlr.tllOll an:1I. Impacts 10 111ntl;nlll> mule dOCf"111 b~ fell "ltmn the prOJeet an:a. \\ c n::comnw:nd Ih~1 Wilhams loluntant;. CIIact \\loler operation hours for the faclhl~ An ex;Imple Qftkes: hours .. O\ild be: from <fam \0 4pnt. 10 allo .. for shorter IIfn~ ror the lIIipat"IS In lal..~ placedurinj; winto:r month:, rlom 0!.""CI."1l1bcr 10 Aplil.

Staff suggests that the Applicant limit operating hours to gAM to 4PM from December to April in order to not only protect the mule deer population in the area but also to honor the current partnership between the CDOW t the BLM and Williams. The current hours of operation are proposed to be from 7AM to 5PM year-round.

d) A ffirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County;


Special Use Permi t BOCC 7/2/2007

Staff Finding

The Applicant has indicated that the production and construction activities in the area would generate 20 vehicle trips per day which would consist of 15 pickups, 3 light trucks and 2 other vehicles.

The Garfield County Road and Bridge Department expressed no objection to this application. Jake Mall of the Garfield County Road and Bridge Department indicated that "the driveway access already in use will requi re an update to a 40·fool X 20·100t asphalt pad 4-inches in depth. The asphalt should be in place as soon as possible following approval of Ihis application. A stop sign will be placed at the entrance to CR 246. The stop sign and the installation shall be as required in the MUTCD. The minimum amount of traffic increase would not have any significant impact on CR 246."

e) That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed users);

Staff Finding As the neighboring uses are primarily resource extraction in nature, Staff does not feel that the proposed lesser impacting use will have adverse impacts on these developments. The Applicant explains that: "There are however, no dwellings or other occupied structures within 500 feet of the "facility". The nearest structures are in Section 30 to the west of the proposed facility and are not in "line of sight" of the faCility." To this end, it is Staff's conclusion that sufficient distances separate the proposed use from the neighboring properties and uses.

2) Permits may be granted for those uses with provisions that provide adequate mitigation for the following:

a) A plan for site rehabilitation must be approved by the County Commissioners before a permit for conditional or special use will be issued;

b) The County Commissioners may require security before a permit for special or conditional use is issued, if required. The applicant shall furnish evidence of a bank commitment of credit, bond, certified check or other security deemed acceptable by the County Commissioners in the amount calculated by the County Commissioners to secure the execution of the site rehabilitation plan in workmanlike manner and in accordance with the specifications and construction schedule established or approved by the County Commissioners. Such commitments, bonds or check shall be payable to and held by the County Commissioners;

c) Impacts set forth in the impact statement and compliance with the standards contained in Section 5.03.08 of this Resolution.

Staff Finding The Applicant has provided the following as a revegetation plan:

- 14 -Williams Product ion RMT Co.


The site rehabilitation will be minimal for the foreseeable future as it will be used by Williams or its successors to support the production from the natural gas wells in the immediate area which will likely produce for another 20-30 years.

At the time the existing and or proposed structures are removed from the site, the ground will be recontoured to the natural surroundings, water runoff control measures implemented, and the entire disturbed area reseeded with an appropriate seed mix.

As Staff did not receive a review of this application from the Gar1ield County Vegetation Management Department prior to writing this report, it is Staff's suggestion that the rehabilitation plan be reviewed by the Gar1ield County Vegetation Management prior to issuance of the Special Use Permit.

C. Section 5.03.08 Industrial Performance Standards All industrial operations in the County shall comply with applicable County, State, and Federal regulations regulating water, air and noise pollution and shall not be conducted in a manner constituting a public nuisance or hazard. Operations shaJJ be conducted in such a manner as to minimize heat, dust, smoke, vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the property in which such uses are located, in accord with the following standards:

1) Volume of sound generated shaJl comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made.

Staff Finding The Applicant states that the volume of sound generated from the site will comply with the standards established in CRS 25-12-1 03. The Applicant has submitted a noise study for the facility. According to the submitted noise study results. it is anticipated that the facility will meet the noise levels required by the Colorado Revised Statutes.

2) Vibration generated: Every use shaJl be so operated that the ground vibration inherently and recurrently generated;s not perceptible, without instruments, at any point of any boundary line of the property on which the use is located;

Staff Finding Vibration will primarily occur from truck traffic which Staff does not feel will be of a substantial magnitude to emanate outside the property boundaries.

3) Emissjons of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards;

Staff Finding - Vapor and Smoke: This facility will produce the expected emissions from vehicles. As the neighboring uses are of an industrial nature, vapor and smoke are not anticipated to disturb these uses .

• Dust. The parking area and access roads are gravel and/or dirt. A dust management plan shall be submitted prior to approval of the Special Use Permit.


Special Use Permit BaCC 7/2/2007

4) Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircrah warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision;

Staff Finding The only anticipated glare will be from vehicle mirrors and windows as well as the windows on the office trailer. As this is proposed to be an office facility, the emission of heat, radiation and fumes are not anticipated.

5) Storage area. salvage yard, sanitary landfill and mineral waste disposal areas:

a) Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the nationa', state and local fire codes and written recommendations/comments from the appropriate local protection district regarding compliance with the appropriate codes;

Staff Finding The Applicant states that no flammable or explosive solids or gases will be stored on the property.

b) At the discretion of the County Commissioners, all outdoor storage facilities may be required to be enclosed by fence, landscaping or wall adequate to conceal such facilities from adjacent property;

Staff Finding The Applicant is not proposing to fence the site. As this is to be an office and storage facility, Staff concurs with not fencing the property to further aid in wildlife mobility. Staff suggests that the Applicant maintain all storage within the sheds located on the property.

c) No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces;

Staff Finding The Applicant states that "As a part of Williams E, H & 8 policies, notation is made to securing all loose materials and trash so these items are no distributed about during high winds. AU trash will be deposited in secure trash receptacles and transported to an approved land fi11 as needed . Any trash inadvertently allowed to blow off-site wi11 be retrieved by Williams and disposed of properly."

d) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the following standards:

i. The minimum lot size is five (5) acres and is not a platted subdivision.

Staff Finding The Applicant states that "except during the initial site preparation and setting of the modular unit, no heavy equipment will be stored at the facility." 8taff finds this standard is met.

- 16 -Willi<HllS Product ion RMT Co.

Special Use Permit BaCC 7/2/2007

ii. The equipment storage area is not placed any closer than 300 ft. from any existing residential dwelling.

Staff Finding The Applicant states that "except during the initial site preparation and setting of the modular unit, no heavy equipment will be stored at the facility." Staff finds this standard is met.

iii. All equipment storage will be enclosed in an area with screening at least eight (8) feet in height and obscured from view at the same elevation or lower. Screening may include berming, landscaping, sight obscuring fencing or a combination of any of these methods.

Staff Finding The storage of all materials shall be located within one of the two proposed 10X20 foot sheds at all times.

i v. Any repair and maintenance activity requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of 8 a.m. to 6 p.m., Mon.-Fri.

Staff Finding The Applicant is no representing that any repair or maintenance activities will take place at the proposed facility.

v. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-ot-way.

Staff Finding All loading and unloading associated with the proposed use will be conducted on the subject property.

e) Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size.

Staff Finding The area devoted to storage is less than 10 acres in size. Staff finds this standard has been met.

f) Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property.

Staff Finding Staff recommends that all exterior lighting shall be the minimum amount necessary, be controlled by a motion sensor, be directed inward and downward , towards the interior of the property and be shaded to prevent direct reflection on adjacent property.

6) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facilities may begin. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin.

Staff Finding - 17 -

Will iams Production RMT Co. Special Use Permi t

BOCC 7/212007

A Storm Water Management Plan (SWMP) prepared has been submitted by the applicant. The plan identifies that the property slopes to the south and is covered with sage brush, some grasses and sporadic junipers. In addition, the plan states that WA barrow ditch will be constructed along the toe of the pad on both the north and west sides. Runoff will then be collected in the ditches and directed to the settling pond. The shallow settling pond will be constructed at the northwestern corner of the pad. The pond will be approximately 12'X12'X3' and will have a 6~ overflow pipe installed that will allow the water to be released back into the naturally vegetated terrain below the pond once sediment has settled out of the water." It appears there is some confusion regarding which side of the development pad the barrow ditches should be placed. Based on the understanding that the property slopes to the south, it is Staff's opinion that barrow ditches on the north and west sides of the property will be ineffective at collecting runoff. Staff suggests that the burrow ditches be placed on the south and east sides of the property with a settling pond in the sough east corner of the property in order to collect storm water runoff from the development. In addition, Chris Hale of Mountain Cross Engineering (See Exhibit J) states that "The Storm Water Management Plan describes an area to be disturbed of 2 acres. This will require a permit from the State of Colorado. Also, the description of construction activities seems to be incongruent; it describes the land as sloping to the south but with the ditches along the north and west sides into a settling pond at the northwest corner. A site grading plan should be done to verify the feasibility."

5 SUGGESTED FINDINGS

1. That proper public notice was provided as required for the hearing before the Board of County Commissioners.

2. That the hearing before the Board of County Commissioners was extensive and complete and that all interested parties were heard at that meeting.

3. That for the above stated and other reasons, the proposed Special Use Permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Gartield County.

4. That the application is in conformance with the Gartield County Zoning Resolution of 1978, as amended .

6 STAFF RECOMMENDATION Due to 1) the limited nature of potential impacts to surrounding properties, 2) by proceeding with this proposal there will be an overall decrease in traffic on unimproved roadways and county roads which will promote safety and wellbeing, 3) the proposed facility is in conformance with the Comprehensive Plan of 2000, 4) and that the proposed facility meets the requirements set forth in Section 5.03, 5.03.07 and 5.03.08, Staff recommends the Board approve the request for a Special Use Permit for an Industrial Support Facility on in the Resource Lands (ALl zone district with the following conditions:

I . That all representations of the Applicant , either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval unless explicitly altered by the Board.

- 18 -Wi ll iams Production RMT Co.


2. That the operation of the facility be done in accordance with all applicable federal , state, and local regulations governing the operation of this type of facility.

3. The Applicant shall comply with all standards as set forth in §S.03.08 "Industrial Performance Standardsn of the Garfield County Zoning Resolution of 1978 as amended and included here as follows:

a. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes.

b. Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located.

c. Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal , State and County air quality laws, regulations and standards.

d. Every use shall be so operated that it does nol emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision.

e. Storage of flammable or explosive solids or gases shall not be permitted at this facility.

t. No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces.

g. All storage must be enclosed within one of the two (2) proposed 1 OX20 foot sheds located on the property.

h. Repair and/or maintenance activities shall not be conducted at the permitted facility.

i. Heavy equipment storage shaU not be conducted at the permitted facility.

j. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-ot-way.

k. Any exterior lighting shall be controlled by a motion sensor, pOinted downward and inward to the property center and shaded to prevent direct reflection on adjacent property.

4. The Applicant shall provide a Revegetation and Rehabilitation Plan that has been reviewed and accepted by the County Vegetation Department prior to approval of the Special Use Permit.

5. The Operator shall be responsible for monitoring and maintaining the water levels within the Cistern at aJJ times.

- 19-Williams Production RMT Co.


6. The Applicant shall provide a dust control plan to be reviewed and accepted by County Staff prior to the issuance of the Special Use Permit. Should dust become an issue from the storage area, a dust control agent shall be applied to the area.

7. All buildings and rooftop equipment shall be painted with non-reflective earth toned paint that is consistent with the surrounding landscape.

8. A 2500 gallon water storage tank shall be installed at the proposed facility for initial fire suppression purposes. A plan including the 2500 gallon water storage tank for initial fire suppression shall be reviewed and accepted by the relevant fire protection district prior to issuance of the Special Use Permit.

9. The barrow ditches and settling pond shall be placed down gradient from the development area in order to collect storm water runoff from the development. An illustrative storm water management plan shall be submitted to the Garfield County Planning Department and reviewed by the Garfield County Engineer prior to issuance of the Special Use Permit.

10. Hours of operation shall be limited to gAM to 4PM from December to April in order to protect the mule deer population in the area as well as honor the current partnership between the Colorado Division of Wildli fe, the Bureau of Land Management and Williams Production RMT regarding monitoring the impacts of winter drilling on Mule Deer populations.

I I . The Applicant shall submit plans to initially treat the water to be used from the Colorado River and within the restroom facility. These plans shall be reviewed and accepted by the Garfield County Engineer prior to issuance of the Special Use Permit.

12. The Applicant shall submit an approved Storm Water Management Plan from the State of Colorado prior to issuance of the Special Use Permit. In addition , the Applicant shall submit a site grading plan to be reviewed and accepted by the Garfield County Engineer prior to issuance of the Special Use Permit.

13. The Applicant shall provide a security for revegetation in the amount $8000 to cover the estimated 2 acres to be disturbed prior to issuance of the Special Use Permit (using a rate of $4000 per acre for a facility that may be in place for 20 years). The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards in the Garfield County Vegetation Management Plan .

14. The Applicant shall provide a current inventory and map of County listed noxious weeds and a weed management plan for any inventoried weeds prior to issuance of the Special Use Permit. These documents shall be reviewed and accepted by the Garfield County Vegetation Management Department prior to issuance of Special Use Permit.

15. Execution of the site rehabilitation/reclamation plan for the subject property is required when the use of the site by the owner of the parcel for an Industrial Support Facility is terminated, whether or not financial security for reclamation is required in this Resolution, under terms of Section 5.03.07(2) (B) of the Zoning Resolution. Responsibility for site reclamation is transferred with the SUP, and the ApplicanVOwner shall so advise any transferee of the SUP. Enforcement of this condition of approval and all others is subject to an action by the soce for penalties and/or injunctive relief in a court of competent jurisdiction.



• •• STATE OF COLORADO

Bill Ritter, Jr., Governor DEPARTMENT OF NATURAL RESOURCES

DIVISION OF WILDLIFE AN EQUAL OPPORTUNITV EMPLOYER

Mark B. Konishi. Acting Director 6060 Broadway Denver, Colorado 80216 Telephone: 1303) 297· 1192 wildlife. state. co.us

June 14. 2007

Garfield County Bui lding and Planning Department Attn : David Pcsnichak, slaffpianncr 108 8111 Strcet, Suite 40 1 Glenwood Springs, CO 81601

RE: Williams Production RMT Co. - Special Use Permit

Dear Mr. Pesnichak,

EXHIBIT

[

For WildlifeFor Peoplt

The Division of Wildlife (DOW) thanks you for the opportunity to address ,viJdlife impacts for lhe aforementioned special usc pcmlil.

The information given ,..,jthin the application lacks sufficient detail to adequately identify any major impacts to wildlife. With the assumption that the proposal is simply a remote office bui lding, and that there may be a possibility or future reclamation of the site if it is not permanent, we offer the following recommcndations.

Currcntly, the DOW has developed a pilot development strategy with Will iams Energy as well as the BLM. TIlis strategy envisions a roll ing staged development across the landscape from Webster Mesa to the East, moving West toward Parachute. Mitigation is also taking place upon the landscape in this area 10 off SCI impacLS to wi ldii fe . Williams is also assisting the DOW with a mule decr monitoring effort which tracks mule deer via radio collars within this area with regards to their actions and effects of winter drilling. This pilot project was not mentioned within the application, nor was its possible impacts to the projcct di scussed within Ihe application.

The DOW would ask Willi ams if this location is the only option, or if another location outside the pilot project location would be available. Again, if this is the only possible location, the DOW will address the changes to the landscape in our pilot projcct meetings.

The location or the site is within mule deer winter range, severe winter range and concentration area. Impacts to wintering mule deer will be fe lt within the project area. We recommend that Wi lliams voluntarily enact winter operation hours ror the fac ility. An example of these hours would be from 9am to 4pm, to allow for shorter time for the impacts to take place during winter months from December to April.

Often satellite sites such as the proposed can be attractants to many species of wildlife due to trash and litter. We would ask that the site be routinely cleaned and trash free to lessen the wildlife and trash impact.

DEPARTMENT OF NATURAL RESOURCES, Harris D. Sherman, Executive Director WILDLIFE COMMISSION, Tom Burke, Chair . Claire O'Neal. Vice Chair . Robert Bray, Secretary

Members, Dennis Buechler . Brad Coors . Jeffrey Crawford . Tim Glenn . Roy McAnally . Richard Ray Ex Officio Members, Harris Sherman and John Stulp

· . ,

Agai n, we appreciate the opportunity to address these possible impacts. If there arc questions regarding these recommendations please feci frcc to contact JT Romatzkc at (970) 255-6 124.

Sincerely.

(l,,,t2-iY Dcan Riggs Area Wi ldli fe Manager

cc. Velarde, Petch, Romatzkc

EXHIBIT

GARFIELD COUNTY Buildillg & Plallning Deparllllenr

Review Agency Form

Dale Sent: June 1,2007 Comments Due: June 26, 2007

Name of application: Ruli son Indust rial Support Fac il ity Sent to: ___________________________ _

G

Garfield CounlY requests your comment in review of this project. Please not ify the Planning Department in the event YOll are unable to respond by the deadline. This form may be used for your response, or you may attach your own addi tional sheets as necessary. Wri tten comments may be mailed, e-maiJed , o r faxed (0:

Garfield County Building & Planning Staff contact: David Pesnichak 109 8th Street. Suite 301 Glenwood Springs, CO 8 1601 Fax: 970-384-3470 Phone: 970-945-8212

General Comments: Garfield County Road & BridQ:c Department has no ob jec tions (0

thi s aoplication with the following comments. As stated in the application I have been in contact wi th Wi lli ams Product ion concern ing thi s app lication. The driveway access alrcad v in use w ill req uire an update \ 0 a 40-foOl X 20-foot asphalt pad 4-inches in depth. The asphalt apron should be places as soon as possib le upon approva l of thi s applicat ion. A stop s ign will be placed at Ihe entrance 10 Cr. 246. The stop s i ~m and the installation shall be as required in the MUTC D (Manual on Uniform Traffic Control Devices). T he minimal amount of traffic inc rease wou ld not have anv si gnificant impact on Cr. 246.

Name of review agency: Garfield Count V Road and Bridge Dept

By: l ake B. Mall Date June 4.2007

Revised 3/30/00

Page I of 3

David Pesnichak H From: Whitehead, Dwight [[email protected]

Sent: Wednesday, June 20, 2007 5:15 PM

To: Fox, David (E&P); David Pesnichak

Cc: Weaver, Doug (E&P); MarteUaro, Alan ; Lemon, Jim; Don Myer

Subject: AE: Williams RMT Co. - Temp Office - Garfield County

Dave, per review with Alan & Jim we can administer the proposed diversion as a reservoir release. You must quantify the numbers and specify how many acre-foot of the River District contract will be dedicated for this diversion. As you know the Division of Water Resource takes ca re of water administration so you must provide accounting and timing when the reservoir releases and diversions wi ll occur, by notifying Jim Lemon (Water Commissioner). Currently we assess ten percent transportation losses, which is subject to change. Thanks Dwight Whitehead

From: Fox, David (E&P) [mailto:[email protected]] Sent: Wednesday, May 23, 2007 4:38 PM To: Whitehead, Dwight Cc: Weaver, Doug (E&P) Subject: FW: Williams RMT Co . • Temp Office - Garfield County

Greetings Dwight,

Williams Production RMT has asked me to provide clarification on this topic as outlined in the emaHs below. I believe the County has supplied you with Williams' application and documentation.

Williams has an office trai ler housing 3 employees in the Rulsion area. Sanitation water (toi let flushing) is proposed to be provided from a buried cistern system which is to be periodically fill ed with untreated water from the main stem of the Colorado River. A water truck will pump water directly from the main stem of the Colorado River and transport it to the cistern . A conventional septic tank and leach field will treat the wastewater.

The County has requested evidence of a legal and adequate water supply. The proposed water supply is a direct release of CRWCD contract water from Wolford Min. Reservoir. After accounting for transit losses and travel time, the water will be pumped with a hose directly into a water truck diverting from main stem of the Colorado River in the Rulson area. All water uti lized wi ll be considered 100% consumptive without any claimed return flows.

I have spoken with Don Meyers at the CRWCD office. Don operates the release from their reservoirs and handles all water accounting and contract water. I explained Williams' proposal and Don stated that it is common practice to make direct release of contract water to downstream users, however, the State Engineers' Office is responsible for assessing transit loses and travel times.

I hope this explanation clarifies Wi lliams' proposal. It is actually a very simple release of contract reservoir water to a downstream diversion point on the main stem with no wells, permits or return flow credit complexities.

6/2 1/2007

If you have any questions or need additional information, please give me a call.

Besl Regards,

David Fox, P.E. Principal Engineer Fox Engineering Solutions Ll..C 670 Canyon Creek Drive Grand Junction, CO 81503 Ph : (970) 250-5505 Fax (626) 784-0667 Email: [email protected]&[email protected]

From: Weaver, Doug (E&P) Sent: Wed 5/ 23/2007 9:53 AM To: Fox, David (E&P) Subject: FW: Williams RMT Co. - Temp Office - Garfield County

Dave:

Page 2 of 3

Appears we have hit a bit of snag on our "legal and adequate~ water source for the Bryan Covington's trailer in RWF field. Please review this and let me know you thoughts.

Doug

From: David Pesn ichak [mailto:[email protected]] Sent: Tuesday, May 22, 2007 2:57 PM To: Weaver, Doug (E&P) Subject: FW: Williams RMT Co. - Temp Office - Garfield County

Hi Doug.

Please see the below correspondence from Dwight Whitehead at the DWR regarding the CRWCD water contract you provided for the Williams Office Facility near Rulison.

Best,

Dave

David Pesnichak Senior Planner - Long-Range

Garfield County 108 8th Street. Suite 401 Glenwood Springs, CO 81601 Tel: (970) 945-8212 Fax: (970)384-3470 Email: QQesn ichak @garf leld-countv.com www.garfietd-county.com

From: Whitehead, Dwight [maitto:[email protected]] Sent: Tuesday, May 22, 20072:33 PM To: David Pesnichak Subject: RE: Williams RMT Co. - Temp Office - Garfield County

612 1/2007

of 1

EXHIBIT

David Pesnichak

From: Love, Cynthia [email protected]

Sent: Tuesday, May 08, 2007 5:04 PM

To: David Pesnichak

Subject : RE: Will iams RMT Co. - Temp Office - Garfield County

I spoke to Craig on this, and in his words , it's up to you, the County, since irs not a subdivision. I think he was a little nervous about it also. You might want to contact the Division 5 Office in Glenwood Springs, since they are responsible for administration and enforcement. The water commissioner for that area (Water District 39) is Jim Lemon (970-625-231 7). The main office number is (970) 945·5665, and I think Judy Sappington there is the engineer for the Colorado River. As I said before, we see lots of contracts with CRWCD for augmentation supplies from Wolford Mountain Reservoir and Ruedi Reservoir, but the division office might know more. Let me know if you need more information.

From: David Pesnichak [mailto:dpesnichak@garfield-county,com] Sent: Friday, May 04, 2007 1:18 PM To: Love, Cynthia Subject: Williams RMT Co, - Temp Office - Garfield County

Hi Cynthia,

I have an application for a temporary office facility for Williams Production RMT near Rulison, just north of 1-70 in Garlield County. As part of the Special Use application, Garlield County requires proof of Wlegal and adequate~ water for the facility. In response to this requirement , Williams has supplied us with the attached Water Supply Contract with the Colorado River Water Conservation District. I did not realize that the CRWCD could act as a water supplier and deliverer in this capacity and our staff attorneys had not seen this kind of contract before. My question is whether you see these kinds of contracts very often and what your opinion is as to their nature (ie are they generally considered a ~permanent~ and reliable source of water). It appears that the contract is good for 40 years as long as Williams continues to pay the yearly dues, which makes me nervous when looking at this as being "legal and adequate".

Your thoughts are greatly appreciated.

Thanks!

Dave


Garfield County 108 8th Street , Suite 401 Glenwood Springs. CO 81601 Tel: (970) 945-8212 Fax: (970)384-3470 Email: dpesnichak @garfield-county.com ' '-IWW.garfield-count~.com

5/9/2007

of 3

David, this is NOT proof of a "legal and adequate" water supply, it is only a contract for replacement water from the Colorado Aiver Water Conservation District (CAWCD). A plan of augmentation must be decreed through Water Court or a Temporary Substitute Water Supply Plan (TSWSP) would need to be fi led with our office (Stale Engineers Office), paralleling a pending Water Court Case for the proposed uses. Additionally if ground water wells are proposed, Williams RMT would need to submit proof of valid well permits, either issued per a decreed plan of augmentation or TSWSP which would need to match the uses for the proposed office facility. Per your question regarding CRWCD contracts; anyone purchasing CRWCD water would need a decreed plan of augmentation through Water Court or TSWSP paralleling a pending Water Court Case. The CRWCD does NOT have a TSWSP like Basalt & West Divide Water Conservancy Districts, so we do not see CRWCD contracts as often as we do for Basalt & West Divide Water Conservancy Districts, because Water Court action is needed prior to water diversion or issuance of water well permits. If you, Mark or Don have any questions, feet free to call (970-945-5665 ext 5011 ) or e-mail. Hope this helps. Dwight

From: David Pesnichak [mailto:dpesnichak@garfield-county_com] Sent: Tuesday, May 22, 2007 1:09 PM To: Whitehead, Dwight Subject: Williams RMT Co, - Temp Office - Garfield County

Hi Dwight,

I have an application for a temporary office facility for Williams Production RMT near Rulison, just north of 1-70 in Gariield County. As part of the Special Use application, Garfield County requires proof of ~Iega l and adequate~ water for the facility. In response to this requirement, Williams has supplied us with the attached Water Supply Contract with the Colorado River Water Conservation District. I did not realize that the CRWCD could act as a water supplier and deliverer in this capacity and our staff attorneys had not seen th is kind of contract before. My question is whether you see these kinds of contracts very often and what your opinion is as to thei r nature (ie are they generally considered a Mpermanent" and reliable source of water). Jt appears that the contract is good for 40 years as long as Williams continues to pay the yearly dues, which makes me nervous when looking althis as being "legal and adequateft

• I have attached a copy of the contract provided, if you are interested.

Your thoughts are greatly appreciated.

Thanks!

Dave


Garfield County 108 8th Street. Suite 401 Glenwood Springs, CO 81601 Tel; (970) 945-8212 Fax; (970)384-3470 Email: gpesnichak@gariield..:.cQunty.com www.gariield-county.com

6/21/2007

June 22. 2007

Mr. David Pesnichak Garfield Count y Planning 108 8th Street. Suite 40 I Glenwood Springs, CO 8 160 1

EXHIBIT

~

RE: Special Use Permit Application for Indust rial Support Facilit.}' of Williams Production RMT, Co.

Dear David:

A review has been performed of the documents for the Industri al Supporl Facility of Williams Product ion RMT. Co. The package was found to be well organized. The following comments, questions, or concerns were generared:

• In previous applicat ions, the Board of County Commiss ioners has determined thai purchasing and hauling water is not a reliab le source. Also since the source is to be surface water, some di scussion of quali ty and trealment will be requ ired. A water well is stated as exist ing on site but may not be pennitted for commercial uses. Revising the permjt to allow for commerc ial uses may be necessary if hauling water is detennjned to be un re li able and/or treatment is not poss ible.

• The Stormwater Management Plan descri bes an area to be disturbed of2 acres. This will require a permit from the State of Colorado. Also, the description of construction activ ities seems to be incongruent: it describes the land as sloping to the south but with the dit ches along the north and west sides into a settli ng pond al the northwest corner. A site grad ing plan should be done 10 verify the feasibi li ty.

Feel free 10 call if you have any questions or if any of the above needs further clarification.

Sincerely, Mountain Cross Engineering, Inc.

Chri s Hale , PE

K ,

--',_' Garfield County

Katy Middleton Building & Planning! Oil & Gas Department

Planner! Community Support Representative

To: David Pesnichak, Senior Planner

From I<;ity Middleton

Date: June 22, 2007

Rc: Oil & Gas review of'Williams Production Rulison Industtia\ Support Facility." June 2007 Special Use PemUt Application

David,

I have reviewed the Williams Production Special Use Permit Administrative Pennic Application. The application was thorough and the Oil & Gas Department bas only onc comment. The site 6gure does Dot identify the location of ditches and the settling pond. Please add a site figure that includes all features mentio ned in the application.

Please contact me with any questions that you may have.

Sincerely,

Katy Middleton

Henry Building· 144 Eas. 3~ Suec •• RiDe, CO 81650

EXHIBIT

I L

MEMORANDUM

To: Dave Pesnichak

From: Steve Anthony

Re: Williams SUP

Date: June 22, 2007

Noxious Weeds

Please provide a current inventory and map of county-listed noxious weeds.

Provide a weed management plan for any inventoried weeds.

Revegetation

Staff recommends a security bond in the amount 0[$8000 (using a rate of$4ooo per acre for a facility that may be in place for 20 years).

Storm waler management plan

Please explain the storm water management plan. The property is described as sloping to the south. yet the ditches will be placed on the north and west sides. How will the runoff get into the settling pond'?

Please provide details afthe settling pond? Will it have a liner? Will there be some type ofagitation in the pond? I r not there may be a need for a mosquito management plan.

r -t:l,,/d if 1

Documents