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HomeMy WebLinkAbout1.0 ApplicationO\OLSSON ASSOCIATE S PDC ENERGY Centralized Soil Treatment Facility Major Impact Review Application Garfield County, Colorado PDC Energy September 3, 2013 General Application Materials PDC Energy Piceance Centralized Soil Treatment Facility OLSSON ASSOCIATES OA Project No. 011 -2627 760 Horizon Drive, Suite 102 1 Grand Junction, CO 81506 1 TEL 970.263.7800 1 FAX 970.263.7456 Garfield County Building and Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945 -8212 www.earfield- countv.com TYPE OF APPLICATION LAND USE CHANGE PERMIT APPLICATION FORM • Administrative Review ❑ Location and Extent Review ❑ Limited Impact Review • Development in Floodplain Major Impact Review • Designation of Flood Fringe /Floodway ❑ Amendment to an Approved LUCP ❑ Rezoning • Minor Temp. Housing Facility • PUD Zoning ❑ Vacation of County Road /Public ROW • ULUR Text Amendment ❑ Pipeline Development ❑ Appeal of Admin. Interpretation ❑ Comprehensive Plan Amendment, Minor • 1041 Regulations ❑ Comprehensive Plan Amendment, Major • Variance INVOLVED PARTIES Owner /Applicant Name: PDC Energy for Puckett Land Company Phone: ( 303 )860-5800 Mailing Address: 1 775 Sherman St, Ste 3000 City: Denver E -mail: State: CO Zip Code: 80203 Representative (Authorization Required) Name: Lorne Prescott Phone: ( 970 ) 263 -7800 Mailing Address: 760 Horizon Dr, Ste 102 City: Grand Junction State: CO Zip Code: 81506 E -mail: lrescott@olssonassociates , com PROJECT NAME AND LOCATION Project Name: Piceance Centralized Soil Treatment Facillity Assessor's Parcel Number: 2 1 7 3 - 3 5 2. 0 0 _0 1 6 Physical /Street Address: West of Rulison, approximately 1/2 mile north of Interstate 70 Legal Description: Parcel is being subdivided. See Subdivision Plat Filing. See Attachment A. Zone District: RL - Gentle Slopes Property Size (acres): —10 acres PROJECT DESCRIPTION Existing Use: Natural gas production and agricultural activity Proposed Use (From Use Table 3-503): Material Handling (Land Farm) for remediation of soils Description of Project: An E &P Waste Management facility to remediate hydrocarbon impacted soifs and store these soils temporarily following treatment prior to their beneficial reuse at other PDC locations. POC will transport impacted soils to the proposed facility on art "as- needed" basks. Operation of the facility will be dependent upon the frequency and volume that contaminated soils are generated by PDC's ongoing natural gas production operations. The soils that will be remediated at the proposed facility will be under the jurisdiction of the Colorado Oil and Gas Conservation Commission. REQUEST FOR WAIVERS Submission Requirements IE The Applicant requesting a Waiver of Submission Requirements per Section 4 -202. List: Section: Landscape Plan Section 4 -203.F Section: Section: Water Supply Plan Section 4 -203.M Section: Waiver of Standards 0 The Applicant is requesting a Waiver of Standards per Section 4 -117. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. A � � .Z - /s -20/3 ignature of Prop rt Owner Jan .<-o .x. Schaff Vice President Land OFFICIAL USE ONLY Date File Number: _ _ _ _ - _ _ _ _ Fee Paid: $ Attachment A PUCKETT LAND COMPANY 60% & TOSCO CORPORATION 40% PARCEL NUMBER 2173 - 352 -00 -016 LEGAL DESCRIPTION SECT,TWN,RNG:35 -6 -95 DESC: SEC 25 PT OF SWSW LYG.N OF I -70 N OF ROW LINE CONT DESC: (25.13AC) SEC 26 SESE(NET 39.32AC) SEC 34 SENE,S 1 DESC: SWNE, NESWNE & PT OF N 1/2 CONT 51.91A N OF I -70 N DESC: OF ROW LINE PT OF NESW CONT 12.15AC SEC 35 NENW, DESC: SWNW(NET39.89A),THOSE PTS OF LOTS 1& 3,NWNE,SENW, DESC: NWSW LYING N OF I -70 CONT 126.28AC.(NET 86.26AC) 1, Petroleum Development Corporation 11 February 1, 2012 Garfield County Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Subject: Agent Authorization To Whom It May Concern: Petroleum Development Corporation (dba PDC Energy) hereby authorizes Lorne Prescott with Olsson Associates, to act as agent on PDC's behalf for the land -use change permit application for the proposed Piceance Centralized Soil Treatment Facility located in the SW1 /4 of Section 25, T6S, R95W, 6th P.M. in Garfield County, Colorado. Please contact me at 303 - 860 -5800 if you have any questions. Sincerely, im Schaff / Vice President Land CORPORATE OFFICE: Petroleum Development Corporation 1775 Sherman Street, Suite 3000 Denver, CO 80203 303 860 5800 BRIDGEPORT OFFCE. Petroleum Development Corporation 1 ?0 Genesis Boulevard • P 0 Box 26 Bridgeport, WV 26330 304 842 3597 II i'i1 Iti 6,511J,W1111 ,11111,"11fliilf %ClaW Mi 11111 Reception #: 778882 12110/2009 02 34.39 PM Jean 91berico 1 of 1 Rec Fee $6 00 Doc Fee!0.00 GARFIELD COUNTY CO STATEMENT OF AUTHORITY James R. Schaff as Vice President Land for Petroleum Development Corporation, a Nevada corporation is authorized to act on behalf of, and represent Petroleum Development Corporation in all matters related to applications for special use permits, conditional use permits, administrative permits, and land use change permits (and may execute such applications) submitted to Garfield County until such time as Petroleum Development Corporation files of record statement that James R. Schaff no longer have authority. Petroleum Development Corporation acknowledges that when any such permits are issued by Garfield County, the County may choose to for them of record and such permits may contain covenants that run with the particular lands identified in such permits. PetroleunsIrelo p t Corporation By- 002' me: Scott Reasoner Title: Vice President Western Operations STATE OF COLORADO COUNTY OF DENVER This instrument was acknowledged before me on this 9th day of December, 2009, by James R. Schaff as Vice President Land, a Nevada corporation. r...._._.,.._............„..„.....,..,.......0..„,,,_.,.........,..,.,..,,.., PAUL WHISENAND NOTARY PUBLIC STATE OF COLORADO My Commission Expires 03/27/2010 Notary Public, State of Colorado PUCKETT Land Company November 23, 2011 Garfield County Building and Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Major Impact Review Application Land Farm Garfield County, Colorado To Whom It May Concern: This letter is to inform concerned parties that Puckett Land Company ( "Puckett ") has authorized PDC Energy ( "PDC ") to pursue the necessary permits for the proposed Land Farm located on Puckett property in Township 6 South, Range 95 West, Section 25. Should there be any questions regarding PDC's capacity, please call me at (303) 763 -1000. Sincerely, PUCKETT LAND COMPANY By: Title: /c Date: 7/20/ 5460 5. Quebec St.. Ste. 250 • Greenwood Vifiaae, Colorado 80111 • 303 -763 -1000 • Fax: 303763 -1040 ®I111M.1 ,11C AMERI Y ialfi'1 bii'4 11111 ReceptionN; 807373 1 01 1ZRec FFee :$15000 DOC Fee 0_001GARFIELD COUNTY CO STATEMENT OF AUThORXTY Pursuant to C.R.S. g38 -30-172, the undersigned executes this Statement of Authority on behalf of Puckett Land Company a Colorado (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity "), and states as follows: The name of the Entity is and is formed under the laws of Puckett Land Company Colorado The mailing address for the Entity is 5460 S. Quebec St.. S1Ii tP 7,50, Grepnwocod Village. CO 80111 The name and /or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is Eric R. Stearns, its President The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows: one Hundred Thousand Dollars (if no limitations, insert "None ") Other matters concerning the manner in which the Entity deals with any interest in real property are: (if no other matter, leave this section blank) EXECIiTSD thin 23rdday of STATE OF Colorado Signatur Name(typed or printed: R. E. Puckett Title (if any); Board Chairman COUNTY OF Arah &hoe )8S. ) The foregoing instrument was acknowledged before me this 23rd day of august , 2011 by R.R. Puckett en behalf of Puckett rand rnmpany , as Board Chairman DS /09 Witness my hand and official seal. My commission expires: [SEAL] RAYMOND S. ANDERSON NOTARY PUBLIC STATE OF COLORADO My Commission EMpiros,.. L,,,„,,. PUCKETT LAND COMPANY 5460 So, Quebec St., Suite 250 Greenwood Village, CO 80111 Project Description PDC Energy Piceance Centralized Soil Treatment Facility OLSSON ASSOCIATES OA Project No. 011 -2627 760 Horizon Drive, Suite 102 1 Grand Junction, CO 81506 1 TEL 970.263.7800 1 FAX 970.263.7456 OLSSON ASSOCIATES PDC Energy (PDC) Piceance Centralized Soil Treatment Facility Project Description PDC Energy (PDC) is seeking approval of a Garfield County Major Impact Review (MIR) application for the Piceance Centralized Soil Treatment Facility. The facility will be located on land owned by Puckett Land Land Company and leased to PDC. Caerus Oil and Gas, LLC ( Caerus) is currently in the process of acquiring PDC's Piceance Basin assets. At the time of this application submittal, the final details of the agreement between Caerus and PDC were being finalized. As part of the brokered agreement between the two parties, Caerus will assume the responsibility of the application and permit when the transfer of these assets is finalized. The aforementioned details were disclosed at the pre - application meeting with the Garfield County Planning Department for this permit. Location The soil treatment facility will be located in the southwest 1/4 of Section 25, Township 6 South, Range 95 West, in Garfield County, Colorado. The proposed facility will be located approximately 0.25 miles north of Interstate Highway 70 on parcel number 2173 - 352 -00 -016. According to the Garfield County Land Use tables, this facility is categorized as Materials Handling in the Resource Lands — Gentle Slopes zone district. Access to the facility will be via a private road of approximately 2.5 miles in length. The private road will be utilized via an existing permitted access that intersects with US Highway 6 approximately 3.25 miles northeast of the town of Parachute. Purpose and Need The purpose of the facility will be to remediate hydrocarbon impacted soils and store these soils temporarily following treatment and prior to their beneficial reuse at other PDC locations. PDC will transport impacted soils to the proposed facility on an "as- needed" basis. Operation of the facility will be dependent upon the frequency and volume that contaminated soils are generated by PDC's ongoing natural gas production operations. The soils that will be remediated at the proposed facility will be under the jurisdiction of the Colorado Oil and Gas Conservation Commission (COGCC). This facility will be considered a Centralized E &P Waste Management Facility permitted and regulated in accordance with COGCC Rule 908. An Operations and Maintenance Compliance Plan detailing operational activities for soil redemption is included with this submittal. 760 Horizon Drive, Suite 102 TEL 970.263.7800 Grand Junction, CO 81506 FAX 970.263.7456 www.oaconsulting.com Project Description In the final build out, the facility will be comprised of an area approximately 10 acres in size. Per COGCC regulations, the perimeter of the facility will be fenced in order to restrict access to the general public and wildlife. A dust control program will be implemented for both the soil treatment facility and the access road. As part of the COGCC analysis and approval, they will assess the potential for groundwater contamination via leaching from the soils. This will include a geologic assessment of strata, soil types and permeability. The facility will be constructed and operated to minimize potential impacts to groundwater in the area. In order to ensure protection of water quality, PDC will install three (3) groundwater monitoring wells in proximity to the facility. As part of the CDPHE and Garfield County permit approval processes, PDC will secure all appropriate air quality permits. The permit will address the impacts and appropriate level of mitigation for the facility associated with fugitive dust and hydrocarbon volatilization from the impacted soils treated at the facility. The facility will not be covered to maximize respiration requirements for the microbes. Dust will be controlled via the application of water required to sustain microbial activity. No vehicles or tanks will be stored on site. No structures will be located on the site. In order to facilitate the distribution and remediation of the contaminated soil at the facility, appropriate equipment will be delivered to the site as needed. The typical equipment required for operation of the facility will be a medium -sized tractor with a disc /furrower attachment, a water truck and a pickup truck. The tractor will be brought to the site on a flatbed trailer pulled by a pickup truck. Soil amendments and microbes required for remediation of the impacted soils will be delivered via pickup truck. These materials are granular in consistency and are typically transported in boxes approximately 251bs each. The soil amendments and microbes will be delivered on an as- needed basis in quantities ranging from 4 to 12 boxes; they will not be stored onsite. There will be no onsite fuel or water storage. Anything required for the remediation process will accompany delivery of the tractor. Soil Treatment Overview Land treatment or land application is an above - ground remediation technology for impacted E &P waste that reduces concentrations of petroleum hydrocarbon constituents through natural biodegradation. For PDC's operations, this technology involves spreading impacted soils on the ground surface within the facility, shallow tilling to mix the soils, and stimulating aerobic microbial activity within the soils through aeration and the addition of fertilizers and moisture. The enhanced microbial activity will result in degradation of adsorbed petroleum hydrocarbon constituents through microbial respiration. Emissions of Volatile Organic Compounds (VOCs) and Hazardous Air Pollutants (HAPs) occur due to volatilization of the hydrocarbons from the facility soils. Best management practices (BMPs) will be used to reduce emissions from the facility. The facility is subdivided into two remediation cells. Each cell will be monitored for contaminants as described Operations and Maintenance Compliance Plan. When it has been Project Description 2 demonstrated by analytical testing that treated soil complies with COGCC requirements for beneficial reuse, it is PDC's intention to recycle the soil elsewhere within its Piceance operations. Potential uses of the soil include access road construction, berm construction, or backfill for excavations at spill remediation sites. PDC's goal is to remediate certain wastes as they are produced, eliminating the need for disposal at landfill facilities. Allowable Wastes Material allowed at the facility includes all wastes generated by and associated with PDC's primary field operations in the Piceance Field. These wastes are defined by §304 -60- 103(4.5) C.R.S. as wastes exempt from regulation as hazardous under Subtitle C of the Resource Conservation and Recovery Act (RCRA) of 1976, as amended. Allowable wastes include: • Water based bentonitic drilling fluids and /or associated drill cuttings • Soil impacted by spills — produced water increases the potential for elevated sodium adsorption ratio (SAR) and electrical conductivity in soils. Treated soils to be removed from the facility with elevated SAR and EC levels may be treated with an amendment such as gypsum. • Any other waste directly attributable to and characteristic of, primary gas production activities. As noted in the bullet above, some `allowable' wastes are not recommended for the facility. Wastes NOT allowed at the facility include, but are not limited to: • Wastes contaminated by refined or processed materials, such as diesel, motor oil, lube oils, greases, or solvents. • Wastes generated by anyone other than PDC • Aerosol cans, light bulbs, batteries, or any other garbage not unique to an upstream gas producer and not qualifying as a waste exempt from hazardous regulation under Subtitle C of RCRA. Waste Preparation and Application Prior to transport to the facility, waste will be de- watered as much as possible. Wastes with high water content pose both technical and pragmatic challenges to facility operations. The technical challenge stems from the fact that water associated with these wastes usually contains high concentrations of salts, inhibiting the effectiveness of the microbial degradation. The pragmatic challenge results from the difficulty of operating heavy equipment in excessively wet conditions. De- watered wastes will be transported to the facility by end -dump trucks and placed on a specified remediation cell. The volume and type of each waste will be recorded in a facility log book kept at the site and subsequently entered into an electronic waste log spreadsheet. For operational and logistical reasons wastes may be stockpiled in the staging area prior to application in a remediation cell. The waste will be applied to a depth of approximately 12 to 18 inches. The time elapsed between spreading and tilling will be documented for each application of waste. The time Project Description 3 between spreading and tilling will be operationally minimized to reduce VOC and HAP emissions. Tilling and Plowing The waste will be thin - spread and tilled to a depth of 9 -12 inches. Tilling serves two purposes; first reducing VOC emissions and second aerating the soil. To ensure adequate oxygen exposure, the waste will not be tilled any deeper than 9 -12 inches during the waste application processes. After the initial tilling, facility cells in the "remediation" phase will be periodically shallow tilled during the active months (approximately April — October). The shallow tilling frequency should be at least monthly, and more often to enhance bioremediation. Over time precipitation and water applications may cause petroleum hydrocarbons to leach into slightly deeper soil horizons. Periodic deep tilling, plowing, or ripping to a depth of 18 — 24 inches will occur to bring any leached hydrocarbons to the surface to facilitate thorough bioremediation. The frequency and timing of this deeper tilling is best determined by the Operator, based on field experience and known loading in each facility cell. All other operating conditions being equal, a prudent operating practice would be to deep plow annually during the Remediation Phase. Soil Moisture During the active remediation season, soil moisture will be maintained between five and twenty percent. Soil moisture levels above twenty percent displace oxygen and severely diminish degradation rates. Soil moisture levels below five percent will limit microbial degradation, but less severely than levels above twenty percent. Due to the high altitude, generally low relative humidity and frequent high winds, soil moisture will be gauged often and adjustments made as appropriate. Facility Cell Rotation The facility will be divided into a minimum of two individual cells varying in size from 1.97 acres to 4.70 acres. Depending on waste volumes to be treated in any given year, each cell can be managed as an independent unit or combined and managed as a group. Subdividing the facility into management cells will facilitate a rotation so each portion of the facility will go through successive treatment stages. The overall intent is to stagger the phases so that some portion of the facility is in a different phase at any given time. With appropriate project planning and budgeting, this staggered, phased approach should maximize the efficiency of facility operations. Beneficial Re -use of Remediated Soils Removing soil from the facility for beneficial use requires that the soil meet the closure requirements set out in COGCC Rules 909, 910, and Table 910 -1. Once the soil in a facility cell meets the closure requirements the surface soil from that cell can be removed from the facility and used for one of the following purposes within the Piceance Field: a) Fill dirt for construction sites. Project Description 4 b) Fill dirt for pits closed in accordance with COGCC 900 Series rules c) Construction material of containment berms, dikes, or diversionary structures to control spills and / or storm water run -off. d) Road material for lease roads within the Field. e) Stockpiles reserved for one of the above listed uses. Additional Operation Details No permanent sanitation facilities will be required to accommodate operation of the facility. If necessary, human generated wastes will be accommodated by portable toilets placed near the boundary of the proposed facility. The facility will be accessible to PDC personnel 24 hours a day, 365 days a year, however personnel will primarily use this facility during normal working hours from approximately 7:30 am to 6:00 pm, Monday through Friday. Delivery of soils to the site will be made via by 30 ton dump trucks. Based on calculations required to accommodate air quality permitting, PDC estimates the maximum volume of soils managed by the facility per year will be equivalent to no more than 300 truckloads. Vehicular access to the facility will be via an existing private dirt /gravel roadway. This private roadway has been utilized by various natural gas developers for nearly ten (10) years. The existing roadway has sustained traffic ranging from heavy haul tractor trailers (drill rigs, water tanks) to light duty pick -up trucks. The operation of this facility will have some overall positive impacts on traffic in the area. Typically, the soils being remediated would be transported to regional landfills via the interstate highway system. After this facility is in operation, impacts to neighboring highways will be reduced as a result of these trucks traveling exclusively to the soil treatment facility. Access will be via a private road currently used for natural gas operations in the area. Truck access details are identified in the Site Plan. A Stormwater Management Plan (SWMP), detailing the use of site - specific Best Management Practices (BMPs) associated with PDC's construction activities will be utilized for the proposed project. Implementation of the SWMP will ensure that activities conducted at the site comply with stormwater management regulations as required by Garfield County, the State of Colorado, and the United States Environmental Protection Agency. Implementation of this plan also ensures that installation and operation of this facility will not impact surface runoff, stream flow, or groundwater. Site specific BMPs implemented to accommodate erosion control will include (but not be limited to) the following: straw bales, silt fencing, straw wattles, check dams and berms. A complete Drainage Plan that addresses potential on -flows and off -flows has been prepared for this project and accompanies this submittal. This plan is also a component of the COGCC permitting review /approval. The plan will be engineered to accommodate typical stormwater construction activities and also accommodate a 100 year, 24 hour stormwater event. No hydrocarbon based liquids or tankage will be stored onsite, thus there is no requirement for Spill Containment, Control and Countermeasures (SPCC) documentation. Potable water will not be required for workers utilizing the site, but water will be delivered to the site and utilized the same day. No water storage tanks are anticipated. The water will be used Project Description 5 to facilitate the introduction and maintain the viability of the microbes which are applied as part of the remediation process. This water will be used for dust suppression, also. PDC has entered into a water supply contract with the Colorado River Water Conservation District (CRWCD), Contract no. CW06004, under which PDC is entitled to the delivery of water. Solid waste refuse generated during the construction activities will be stored in wildlife proof containers provided by a licensed refuse hauler. PDC will use a refuse hauling service to empty the refuse receptacle. Receptacles will be emptied as needed and disposed of at the Garfield County Landfill (or other permitted facility). PDC's refuse hauler will maintain all records including, but not limited to, trip logs /reports and landfill receipts, and all records will be available to the County upon request. The entire proposed area of disturbance will be reviewed and approved by the COGCC prior to construction and operation. A site visit has been conducted with the COGCC and Colorado Parks and Wildlife (CPW). Their inputs have been factored into engineering design and wildlife protections of the facility. Project Description 6 1111 KIIIIIIIIV.PlaittilialrniTlrinfirlrqlk 11 Ili Reception #: 807377 08/29/2011 01:10 :50 PJ1 Jean RIberioo 1 of 1 Rec Fee:$11.00 Doc Fee :0.00 GARFIELD COUNTY CO RETRACTION OF STATEMENT OF AUTHORITY STATE OF COLORADO COUNTY OF GARFIELD In a Statement of Authority recorded October 8, 2010, Reception #792712 in the records of Garfield County, Colorado V. Bruce Thompson was authorized to act as President for Puckett Land Company. Effective July 6, 2011 Puckett Land Company retracts such authority of V. Bruce Thompson to act on behalf of Puckett Land Company as its President. STATE OF COLORADO ) SS. ARAPAHOE COUNTY Puckett Land C By: -\ Name: R. E. Puckett Title: Board Chairman The foregoing instrument was acknowledged before me this day of August, 2011, by R.E. Puckett on behalf of Puckett Land Company, as Board Chairman Witness my hand and official seal. My Commission expires: $4-} SEAL RAYMOND S. ANDERSON NOTARY PUBLIC STATE OF COLORADO My Commission Expires r/ 3 ary Public, State of Colorado �! u AA) 77; PUCKETT LAND COMPANY 5460 So. Quebec St., Suite 250 Greenwood Village, CO 80111