HomeMy WebLinkAbout2.0 AdministrationMemorandum To: Evie Olson From: Kathy Eastley, Community Development Date: 2/15/2013 Re: Revegetation Bond Attached is a revegetation bond in the amount of$14,750.00 from Encana Oil
& Gas (USA) related to a land use change permit for the Divide Road Produced Water Facility (File Number LIP A 7368) approved by the Board of County Commissioners Resolution Number 2013-14.
Please let me know if additional information is necessary to process this bond. 1
Permit BOND (License or Permit -Continuous) Travelers Casualty and Surety Company of America One Tower Square, Hartford, CT 06183 Bond No. 105818380 KNOW ALL MEN BY THESE PRESENTS: THAT
WE, Encana Oil & Gas (USA) Inc., as Principal, and Travelers Casualtv and Surety Company of America, a corporation duly incorporated under the laws of the State of Connecticut and authorized
to do business in the State of Colorado, as Surety, are held and firmly bound unto Garfield County. Board of County Commissioners, as Obligee, in the penal sum of Fourteen Thousand Seven
Hundred Fifty and no/100 ($14.750.00) Dollars, for the payment of which we hereby bind ourselves, our heirs, executors and administrators, jointly and severally, by these presents. WHEREAS,
the Principal has obtained or is about to obtain a license or permit for Revegatation Permit covering 5.9 acres for the Divide Road Water Facility located in E 1/2 of the SE 1/4 of Section
26. Township 4 South. Range 96 West of the 6th PM; Garfield Countv. CO NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Principal shall faithfully perform all
duties and protect said Obligee from any damage caused by the Principal's non-compliance with or breach of any laws, statutes, ordinances, rules or regulations, pertaining to the license
or permit issued, then this obligation shall be null and void; otherwise to remain in full force and effect. This bond shall become effective on the 24'h, day of October, 2012. PROVIDED,
that regardless of the number of years this bond is in force, the Surety shall not be liable hereunder for a larger amount, in the aggregate, than the penal sum listed above. PROVIDED
FURTHER, that the Surety may terminate its liability hereunder as to future acts of the Principal at any time by giving thirty (30) days written notice of such termination to the Obligee.
SIGNED, SEALED AND DATED this 24'h, day of October, 2012. S-21S1A (02-00) Encana Oil & Gas (USA) Inc. By: ~--A---Z::~ ~e..I £<. n' ('r 11 VI'''''1 -; ~ -Fe<.::/' Trave ers Casualty and
Su A ,Principal
WARNING: THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER .... POWER OF ATTORNEY TRAVELERS J Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and
Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Attorney-In Fact No. 219916 st. Paul Mercury Insurance Company Tra,'elcrs
Casualty and Surety Company Travelers Casualty and Stirety Company of America United Sia ies Fidelity and Guaranty COlllpany Certificate No. 0 0 4 3 9 7 4-0 9 KNOW ALL MEN BY THESE PRESENTS:
Thai St. Paul Fire and Marine Insurance Company, 81. Paul Guardian Insurance Company and SI. Paul Mercury Insurance Company are corporations duly organi zed under the laws of the State
of Minnesota, that Fanningtoll Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America afC corporations duly organized under the
laws of the Slale of Connecticut, that Uni ted Slates Fidelity and Guaranty Company is a corporation duly organized under the laws of the Stale of Maryland, that Fidelity and Guaranty
Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under
the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Teresa D. Ke lly, Dan W. Burton, Benjamin
D. Wilcox, and Candace D. Bosheers of the City of HOllston , State of T exas , their true and lawful Auorney(s)-in-Fact, each in their separate capacity if more than one is named above,
to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their
business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pennitted in any actions
or proceedings allowed by law. 1st IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this __________ _ yof July
.~. State of Connecticut City of Hartford ss. Farmington Casualty Company Fidelity and Guaranty ~nsurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and
Marine Insurance Company St. Paul Guardian Insurance Company By: St. Paul Mercury Insurance COlllpany Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company On this the 1s t day of July 2011 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President
of Farmington Casualty Company, Fidelity and Guaran ty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., S1. Paul Fire and Marine lnsurance Company, S1. Paul Guardian
Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty
Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as
a duly authorized officer. In Witness Whereof, r hereunto set my hand and official seal. ~y Commission expires the 30th day of June, 20 16. 58440·6·11 Printed in U.S.A. WARNING: THIS
POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER
REFERRAL FORM Garfie ld County Building and Planning Department th 108 8 Street, Suite 40 I, Glenwood Springs, CO 8160 I \J\ I ~~1 970) 945-82 I 2lFax: (970) 384-3470 l VI z:. J File
NumberlName(s) Project Name(s) L1PA7368 Encana Produced Water Facility Staff Planner: Kathy Eastley (keastley@garfield-county.com) Applicant: Encana Oil & Gas (USA), Inc. Contact Person:
Craig Richardson -Olsson Associates Date Sent: December 14, 20 12 Return Requested: Jan uary 11 ,2013 (~C 1-I 4-I ( ~ Type of Application(s) Limited Impact Phone: 970-945-1377 x 1580
Phone: Phone: 970-263-7800 Location : South of Garfield/Rio Blanco County line -16 miles north of Parachute Summary of Request: Creation ofa 12-acre fac ility to include 2-20,000 BBL
off-load tanks, 2-6,000 BBL condensate tanks and vapor recovery unit, 5-206,000 BBL water storage tanks, 5 natural gas generators to treat and store produced water for re-use. The Garfield
County Plannmg Department has received a land use request as referenced above. Your comments are an important part of the evaluation process. In order to review all appropriate agency
comments and incorporate them into the Staff Report, we request your response by Friday January II, 2013. GARFIELD COUNTY Office or Division OTHER Number or Detail Road & Brid~e (Wyatt
K) Paper Engineering -Chris Hale Min. Cross Paper and CD Attorney CD SheriH's Dept.-Jim Scars CD CD Hoard or county Commissioners 4 Vegetation Manager Environmental l-Iealth -Paul Reaser
CD Planner CD and Pnper Publ ic Paper I COLORADO STATE I LOCAUFED GOVT ENTITIES Health Dcpanmcnt CDPHE Air Quality CD Wildlife Division (OJ Office) CD Rio Blanco County CD Bureau orLand
Management CD I DISTRICTS/SERVICES I I I I F;" n;,,,;,, r;"," V,II" CD POSTAGE $5.50 ADMIN TIME 45 MIN
Garfield County BUILDING & PLANNING DEPARTMENT December 6,2012 Craig Richardson Olsson Associates 82621 % Road Grand Junction, CO 81505 crichardson@olssonassociates.com Reference: Limited
Impact Review -File Number LlPA 7368 Divide Road Produced Water Facility/Material Handling Dear Craig; The Building and Planning Department has reviewed the submittal material provided
for Encana's request for Limited Impact review of the Divide Road Produced Water Facility. The above referenced application has been determined as complete and a public hearing has been
scheduled before the Board of County Commissioners on Monday, February 4, 2013. Public hearing notice requirements are found in Section 4-101 E. of the ULUR as follows: Notice of Public
Hearing. 1. When a public hearing is required, notice shall be provided. The type of notice required is identified in Table 4-102, Common Review Procedures and Required Notice. 2. Notice
shall be provided as follows: a. Notice by Publication. At least 30 but not more than 60 caiendar days prior to the date of a scheduled public hearing before the P;z;;';;';;;';g ,_:;y;;
,';; ,ss,::;,'; c:r C;UCC, ;,';6 Appiicant shall publish notice of a public hearing in a newspaper of general circulation, unless otherwise specified by the Colorado Revised Statutes.
b. Written/Mailed Notice to Adjacent Property Owners. (1) Written notice shall be provided at least 30 ;)ut ,';ot more than 60 calendar days prior to the date of a scheduied public hearing.
(2) The Applicant shall send written notice vy C"i,ifi,,":, mai, or by a nationally recognized overnight courier. return receipt requested. (3) Written notice shall be provided to tne
owne" 0; i'eC0i":; 0i all adjacent property within a 200-foot radius of the subject parcel, as shown in the office of the County Clerk and 108 Eighth Street, Suite 401 • Glenwood Springs,
CO 81601 (970) 945-8212' Fax: (970) 384-3470
Recorder or Assessor, at least 30 calendar days prior to sending notice. Within the same time period, written notice shall be provided to owners of mineral interests in the subject property
(other than construction materials as defined in C.R.S. § 34·32.5·1, as amended) in accordance with C.R.S. § 24·65.5·101, et seq., as amended. c. Posting of Notice. At least 30 and not
more than 60 calendar days prior to the date of a scheduled public hearing, the Applicant shall post a notice of the public hearing on the property. Posted notice shall consist of at
least 1 sign facing each adjacent road right·of· way, and located so as to be fully visible from the road right·of· way generally used by the public. The notice signs shall be provided
to the Applicant by the Planning Department. 3. Contents of Notice. The notice shall follow a form prescribed by the County. 4. Applicant Responsibility. It shall be the responsibility
of the Applicant to provide the names and mailing addresses as shown in the office of the County Clerk and Recorder or Assessor pursuant to Section 4·1 01.E.2.(3) as part of their application.
5. Proof of Notice. At the public hearing, the Applicant shall provide proof of publication, proof of notification or attempt of notification of Adjacent Property Owners, and proof of
posting notice on the property. The Applicant shall provide proof of notification or attempt to notice owners of mineral interest in the subject property. 6. Constructive Notice. Minor
defects in notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Failure
of a party to receive written notice shall not invalidate subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the time, date, and
place of a hearing, and the location of the subject property, shall be strictly construed. If questions arise at the hearing regarding the adequacy of notice, the Decision·Making Body
shall make a formal finding regarding whether there was substantial compliance with the notice requirements of this Code before proceeding with the hearing. I have enclosed the suggested
public notice in Word format so you can add information, as necessary. These posting and public notice documents for the Board of County Commissioners public hearing are provided as
a courtesy. The Applicant must verify that all information provided in these documents is correct. As always, it is the obligation of the Applicant to correct any deficiencies such that
proper notice in form and substance can be established. Note: I have also enclosed a referral form which lists the federal, state and local agencies who will review the application as
referral agencies, as well as the Board of County Commissioners. We will require twenty (20) copies (8 paper copies and 12 CD's under separate cover) no later than December 19, 2012
or
sooner if possible. If the copies have not been submitted by this date, your public hearing may be jeopardized. Feel free to contact me with any questions. Sincerely, Kathy Eastley,
AICP Attachments CC: File
MEMORANDUM OF ROAD USE PERMIT WH~:REAS on the I" day of July 2010, a Road Use Pennit ("PenniI',) was made and entered into by and between Exxon Mobil Corporation, a New Jersey corporation
with an address for purpose of the Permit of ExxonMobil Production Company, CORP-WGR-714, P.O. Box 4697, Houston, Texas 77210-4697 ("ExxonMobil") and Encana Oil & Gas (USA) Inc., a Delaware
corporation with an address of 370 17'h Street, Suite 1700, Denver, Colorado 80202 ("Encana") each sometimes referred to herein as "the Party" and together hereinafier called "the Parties."
The Permit allows the use by ExxonMobil of a certain portion of an access road which traverses land owned by EnCana located in Townships 4 and 5 South, Ranges 95 and 96 West, 6th P.M.,
Garfield County Colorado, as shown on attached Exhibit A. The Road Use Pennit allows the use by Encana of a different portion of the same access road which traverses land owned by ExxonMobil
located in Township 5 South, Ranges 95 and 96 West, 6th P.M., Garfield County Colorado, as shown on attached Exhibit A. The Tenn of the Permit is from July I, 2010 through June 30, 2030
and may be extended by either party for up to an additional 20 years. Notice is hereby given that executed copies of said Pemlit are in the possession of ExxonMobil and Encana, and that
said Permit contains the details of the agreement between the parties. including a grant of the right to use the subject access road under the terms set forth therein. IN WITNESS WHEREOF,
this Memorandum of Road Use Pennit is executed on the dates set forth in the acknowledgment, but is effective for all purposes as of the 1 st day of July, 2010. Encana Oil Gas (USA)
Inc. ~ ~y' iLLcrl~~-fI--"jL.'-f--..:-Helen M. Capps Attorney-in-Fact XTO Energy Inc. as agent for Exxon Mobil Corporation #-By tL--! 4~ Date 1 7-/3/2.-0 I L.. i 1(... wi' Print Name:
Edwin S. Ryan, Jr. Title: Senior Vice President -Land Administration ,
STATE OF COLORADO ) ) ss. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this ;...('!; day of O{CJ!A' YLOUI 2012, by Helen M. Capps as Attorney-in-Fact
of Encana Oil & Ga~ (USA) Inc., a Delaware corporation. Witness my hand and official seal. -~ . -. ~ ~ ~~ ~~.~ .. ~-~ ... ~ My yommi~le~t5RSmJ l , NOTARY PUBLIC t (Seat> STATE OF COLORADO
t ~#~#~ • • ~ .6 • ••• ~ .# 6##. ~ My Commission Expires 0312512013 ~~ ~l~IVJo1~ otary Pubh STATE OF TEXAS ) ) ss. COUNTY OF TARRANT ) The foregoing instrument was acknowledged before
me thiS~ day of ~ 2012, by Edwin S. Ryan, Jr. as Senior Vice President -Land Administration of XTO Energy Inc., a Delaware corporation. Witness my hand and official seal. My Commission
Expires: 1/22/l 1o (Seal) 2
Exhibit A Attached to and made a part of that certain Memorandum of Road Use Penolt between Exxon Mobil Corporation and Encana 011 & Ga. (USA) Inc. dated effective July 10, 2010 " ..
" .. " .. 3S94W " " .. " " .. " " 95W " " " .. .. " " " " .OIIIOAO un •.l " " " " " " " " " " 4S 96W 4SNW " " " " " " " .. II .. " " .. " .. " II .. .. .. .. " .. " .. .. .. " .. ..
" .. .. " " " " ENCANA PREMISES
O\OLSSON ASSOCIATES October 26, 2012 Kathy Eastley, AICP Garfield County Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Encana Oil and Gas (USA)
-Limited Impact Review -Water ImpoundmentlWater Tank(s)/Material Handling and Processing for Divide Road Treatment Facility -File Number LIPA 7368 Encana Oil and Gas (USA) (Encana) has
retained Olsson Associates to prepare the Divide Road Water Treatment Facility LlR application. The following details and attachments are intended to address concerns related to the
Divide Road LlR submittal. Each of the comments provided in your letter dated September 19th, 2012 are addressed below. 1. Additional information is necessary if truck transportation
of water is requested in this application, such as number of anticipated trips and origin of trips. The traffic analysis did not include any information related to trucking of fluids
to the site. Encana response: A revised traffic analysis is included as an attachment to this letter. Delivery water to the proposed will primarily be conducted via existing pipelines.
Limited truck trips are now accounted for in the revised traffic analysis. 2. The authorization form to permit Olsson Associates to act on behalf of Encana is not signed. Encana response:
A signed authorization letter is included as an attachment to this letter. 3. The project description does a very good job of discussing the proposed facility however the site plan requires
some additional explanation: a. Access to the site (existing and proposed) along with some indication of access to a County Road; Encana response: Access from County Road 215 is demonstrated
on the revised site plan. Encana is in the process of obtaining a Memorandum of Understanding from Exxon demonstrating legal access across Exxon fee surface. b. Location and dimension
of easements -where are the pipelines that are transporting the water to the site? 82621)1, Road Grand Junclion, CO 81505 TEL 970.263.7800 FAX 970.263.7456 www.oaconsulting.com
Encana response: Pipelines entering the proposed project area have been added to the revised site plan. A comprehensive pipeline map is included as an attachment to this letter. c. Legal
description of the project area (12-acres noted in the project description) must be included on the site plan pursuant to Section 4-203 (D.)(1.); Encana response: The site plan attached
to this letter has been revised to comply with this requirement. d. Indicate the location of the site fencing and signage, if any. Encana response: Fencing is not proposed at this facility.
4. Additional information is necessary to understand the functionality and potential impact of the proposed use. Though the project narrative of the proposal is fairly comprehensive
we do have the following questions and clarifications that are necessary. Please respond to the following items: a. Provide information and indicate on the site plan where the pipelines
are located on-site, as well as whose property they cross, and a representation that all owners of the surface lands are in agreement of the use of the pipelines for produced water.
Encana response: Pipelines entering the proposed project area have been added to the revised the site plan. A comprehensive pipeline map is included as an attachment to this letter.
All surface use agreements for previously constructed pipelines are in place and the use of pipelines for the transfer of produced water is allowed. b. A comprehensive map that indicates
location of the well pads from which the water will be produced along with the location of pipelines and an indication of all surface owners related to the above. If the well pads and
pipes are all on Encana-owned land then please provide a statement to that effect. Encana response: A comprehensive pipeline and well pad map is included as an attachment to this letter.
5. The NRCS soil survey was provided which indicates the soils type found on-site, however no analysis of that type of soil impact on the proposed development was included. There is
other documentation in the application that discusses the corrosive nature of the soils, how will this impact the proposed development? Encana response: A revised GeoHazard report is
attached to this letter. This report states that the corrosive nature of the soils will not impact the operation of an above ground water treatment facility. Also included as an attachment
to this letter is a GeoTech addendum stating that there are no geotechnical constraints that would preclude construction of the proposed facility. 6. Is there any proposed fire protection
associated with this use?
Encana response: The proposed site will comply with requirements of the International Fire Code 2003 Edition, as applicable. The project area is covered under Encana's emergency response
plan. The overall strategic objectives in any emergency response will be to maximize personnel and public safety. Attached to this letter you will find the first responder list that
is used in the event of an emergency. 7. What air quality permits will be required for operation of this facility? Encana response: The Divide Road Water Treatment Facility is applicable
to Title V permitting, and an application has already been submitted to the CDPHE for this facility, the application was received by the Division on May 30, 2012. Sincerely, ~ Craig
Richardson Enclosures: As stated
September 19, 2012 Mike Markus Olsson Associates 82621 Y, Road Grand Junction, CO 81505 mmarkus@oaconsult ing.com Garfield County BUILDING & PLANNING DEPARTMENT Reference: Limited Impact
Review -Water Impoundment/Water Tank(s)/Material Handling and Processing for Divide Road Treatment Facility -File Number LlPA 7368 Dear Mike; Garfield County is in receipt of an application
for a limited Impact Review for a produced water facility to be located on 12-acres of a 15,800-acre parcel located south of the Rio Blanco County line approximately 16 miles north of
the Town of Parachute. This facility proposes the following: 1. Three-phase separator; 2. Two (2) 20,000 BBL Off-load Tanks; 3. Two (2) 6,000 BBL Condensate Tanks and Vapor Recovery
Unit; 4. Five (5) 206,000 BBL Water Storage Tanks; 5. Concrete containment walls with ground liner; 6. Five (5) Natural Gas generators (one small and four large); 7. Hauled water and
vault sanitation. The intent of this facility is to promote the recycling and re-use of produced water. This application was submitted on August 31st and has been reviewed for technical
completeness pursuant to the Unified Land Use Resolution of 2008, as amended on August 13, 2012. The following revisions/additional materials are requested: 1. Additional information
is necessary if truck transportation of water is requested in this application, such as number of anticipated trips and origin of trips. The traffic analysis did not include any information
related to trucking offluids to the site. 2. The authorization form to permit Olsson Associates to act on behalf of Encana is not signed. 3. The project description does a very good
job of discussing the proposed facility however the site plan requires some additional explanation: a. Access to the site (existing and proposed) along with some indication of access
to a County Road; b. Location and dimension of easements -where are the pipelines that are transporting the water to the site? c. Legal description of the project area (12-acres noted
in the project description) must be included on the site plan pursuant to Section 4-203 (0.)(1.); d. Indicate the location of the site fencing and signage, if any. 108 Eighth Street,
Suite 401' Glenwood Springs, CO 81601 (970) 945-8212 • Fax: (970) 384-3470
4. Additional information is necessary to understand the functionality and potential impact of the proposed use. Though the project narrative of the proposal is fairly comprehensive
we do have the following questions and clarifications that are necessary. Please respond to the following items: a. Provide information and indicate on the site plan where the pipelines
are located on-site, as well as whose property they cross, and a representation that all owners of the surface lands are in agreement of the use of the pipelines for produced water.
b. A comprehensive map that indicates location of the well pads from which the water will be produced along with the location of pipelines and an indication of all surface owners related
to the above. If the well pads and pipes are all on Encana-owned land then please provide a statement to that effect. 5. The NRCS soil survey was provided which indicates the soils type
found on-site, however no analysis of that type of soil impact on the proposed development was included. There is other documentation in the application that discusses the corrosive
nature of the soils, how will this impact the proposed development? 6. Is there any proposed fire protection associated with this use? 7. What air quality permits will be required for
operation of this facility? We look forward to receiving response to these issues and proceeding through the limited Impact review process. If it would be helpful we could meet to discuss
the submittal requirements for this proposal. Section 4-101 (B.)(2.)(b.) stipulates that the applicant shall correct the deficiencies within 60 calendar days or the application will
be deemed withdrawn. I've attached a draft referral form which will be finalized upon acceptance of the application as complete. Feel free to contact me with any questions or request
for clarifications regarding any of the above items. You may reach me via email or at 970-945-1377 x1580. Sincerely, Attachments Cc: File Chris Putnam via email
O\OLSSON ASSOCIATES October 26,2012 Kathy Eastley, AICP Garfield County Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Encana Oil and Gas (USA)
-Limited Impact Review -Water ImpoundmentiWater Tank(s)/Material Handling and Processing for Divide Road Treatment Facility -File Number LIPA 7368 Encana Oil and Gas (USA) (Encana) has
retained Olsson Associates to prepare the Divide Road Water Treatment Facility LlR application. The following details and attachments are intended to address concerns related to the
Divide Road LlR submittal. Each of the comments provided in your letter dated September 19th, 2012 are addressed below. 1. Additional information is necessary if truck transportation
of water is requested in this application, such as number of anticipated trips and origin of trips. The traffic analysis did not include any information related to trucking of fluids
to the site. Encana response: A revised traffic analysis is included as an attachment to this letter. Delivery water to the proposed will primarily be conducted via existing pipelines.
Limited truck trips are now accounted for in the revised traffic analysis. 2. The authorization form to permit Olsson Associates to act on behalf of Encana is not signed. Encana response:
A signed authorization letter is included as an attachment to this letter. . 3. The project description does a very good job of discussing the proposed facility however the site plan
requires some additional explanation: a. Access to the site (existing and proposed) along with some indication of access to a County Road; Encana response: Access from County Road 215
is demonstrated on the revised site plan. Encana is in the process of obtaining a Memorandum of Understanding from Exxon demonstrating legal access across Exxon fee surface. b. Location
and dimension of easements -where are the pipelines that are transporting the water to the site? 82621Y, Road Grand Junction, CO 81505 TEL 970.263.7800 FAX 970.263.7456 www.oaconsulting.com
Encana response: Pipelines entering the proposed project area have been added to the revised site plan. A comprehensive pipeline map is included as an attachment to this letter. c. Legal
description of the project area (12-acres noted in the project description) must be included on the site plan pursuant to Section 4-203 (D.)(1.); Encana response: The site plan attached
to this letter has been revised to comply with this requirement. d. Indicate the location of the site fencing and signage, if any. Encana response: Fencing is not proposed at this facility.
4. Additional information is necessary to understand the functionality and potential impact of the proposed use. Though the project narrative of the proposal is fairly comprehensive
we do have the following questions and clarifications that are necessary. Please respond to the following items: a. Provide information and indicate on the site plan where the pipelines
are located on-site, as well as whose property they cross, and a representation that all owners of the surface lands are in agreement of the use of the pipelines for produced water.
Encana response: Pipelines entering the proposed project area have been added to the revised the site plan. A comprehensive pipeline map is included as an attachment to this letter.
All surface use agreements for previously constructed pipelines are in place and the use of pipelines for the transfer of produced water is allowed. b. A comprehensive map that indicates
location of the well pads from which the water will be prod uced along with the location of pipelines and an indication of all surface owners related to the above. If the well pads and
pipes are all on Encana-owned land then please provide a statement to that effect. Encana response: A comprehensive pipeline and well pad map is included as an attachment to this letter.
5. The NRCS soil survey was provided which indicates the soils type found on-site, however no analysis of that type of soil impact on the proposed development was included. There is
other documentation in the application that discusses the corrosive nature of the soils, how will this impact the proposed development? Encana response: A revised GeoHazard report is
attached to this letter. This report states that the corrosive nature of the soils will not impact the operation of an above ground water treatment facility. Also included as an attachment
to this letter is a GeoTech addendum stating that there are no geotechnical constraints that would preclude construction of the proposed facility. 6. Is there any proposed fire protection
associated with this use?
Encana response: The proposed site will comply with requirements of the International Fire Code 2003 Edition, as applicable. The project area is covered under Encana's emergency response
plan. The overall strategic objectives in any emergency response will be to maximize personnel and public safety. Attached to this letter you will find the first responder list that
is used in the event of an emergency. 7. What air quality permits will be required for operation of this facility? Encana response: The Divide Road Water Treatment Facility is applicable
to Title V permitting, and an application has already been submitted to the CDPHE for this facility, the application was received by the Division on May 30, 2012. Sincerely, ~ Craig
Richardson Enclosures: As stated
RECEIPT Fee Name Limited Impact Application Fee Date Pay Type 08/31/2012 Check Friday, August 31, 2012 Garfield County 108 8th Street Suite 401 Glenwood Springs, CO 81601-Phone: (970)945-8212
Fax: (970)384-3470 Invoice Number: Invoice Date: INV-8-12-22063 31/2012 12:00:00AM Plan Case: -imited Impact Review Applica Fee Type Fee Amount Fixed $400.00 Total Fees Due: $400.00
Check Number Amount Paid Change 162572 $400.00 $0.00 Total Paid: $400.00 I Total Due: $0.00 I