HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 RECEIVED SEP 1 1 2008 Telephone: 970.945.8212 Facsimile: 970.384.3470 0 NTY
rf· Id t GAkt"iI:LU C U www.gale -coun y.com BUILOING & PLANNING I SPECIAL USE PERMIT Doc. # SUP Ilq-Qb GENERAL INFORMATION (Please print legibly) ~ Name of Property Owner: Laramie Energy
II, LLC ~ Mailing Address: 1512 Larimer Street Ste. 1000 Telephone: (303) 339-4400 ~ City: "'D""e!.!.nv""e"-r _____ ,State: CO Zip Code: 80202 Cell: >....( ---' _____ _ ~ E-mail address:
bhea@laramie-energy.com FAX: (303) 339-4399 ~ Name of Owner's Representative, if any, (Attorney, Planner, Consultant etc): ~ Altela, Inc. ~ Mailing Address: 5350 S. Roslyn St., Suite
430 Telephone: (303) 993-1950 ~ City: Englewood State: CO Zip Code: 80111 Cell: (303) 960-9105 ~ E-mail address: matthew.brull@altelainc.com FAX: (303) 993-1955 ~ Description of Special
Use Requested: Altela will use its patented AltelaRainsM technology to treat and purify Laramie Energy's produced water and provide the treated clean, water for re-use. The project is
small in scale, capable of treating approximately 300 barrels per day of produced water. Once treated, the clean water will be re-used pursuant to regulated and permitted discharge (see
additional info enclosed below). ~ Street Address /General Location of Property: CR 321, Rifle, CO 81650 ~ Legal Description: NW Y.., SW Y.., Section 20, T6S, R93W ~ Assessor's Parcel
Number: ~ 1 Z Z -~ Q ~ -Q 1-Q Q 1 ~ Existing Use: !!.Irr",ig..,a,-"te",d,-""pa..,s",tu",r",.-e~_________________ ~ Property Size (in acres) Water treatment site located immediately adjacent
to Laramie 20-12 pad on less than 1 acre. Zone District: ",A",R""R",D,-__ Last Revised 711108
ADDENDUM to SPECIAL USE PERMIT APPLICATION Laramie Energy II, LLC 1. Please submit. in narrative form. the nature and character of the Special Use reguested: Laramie Energy II, LLC ("Laramie
Energy") submits this Special Use Permit Application with respect to its produced water treatment project located at Laramie Energy's Helmer Gulch Rulison Field in the Piceance Basin
within Garfield County, NWII4, SWI14 Section 20, T6S, R93W. Laramie Energy is partnering with Altela, Inc. with respect to using Altela's patented AltelaRainsM technology to treat and
purify Laramie Energy's produced water and provide the clean water for re-use. The demonstration project is small in scale, capable of treating approximately 300 barrels per day of produced
water. Once treated, the clean water will be reused pursuant to two permitted discharges outlined below. A central goal of this project is to demonstrate the viability and cost effectiveness
of treating produced water at the well-site for valuable re-use in support of strong environmental stewardship in Garfield County. Following instruction from Garfield County, applicant
was informed that a Special Use Permit is required since the project is located off the pad-site (and thereby outside COGCC jurisdiction), immediately to the east of the pad. The project
will consist of locating the AItelaRainsM System next to the produced water storage tanks used for the Laramie 20-12 pad-site. Other than one clean water tank used to temporarily store
the clean water following treatment, no additional tanks are required that would not already be present with respect to the Laramie 20-12 pad site. Following treatment, the water is
available for re-use pursuant to COGCC Rule 907 uses as well as for permitted discharge and reuse as described further below. The project has received approval from the Colorado Department
of Public Health and Environment, Water Quality Control Division (Permit No. COG601008), to place the treated, clean water into the Colorado River drainage for valuable instream flow
(See enclosed permit). In addition, the Colorado Division of Water Resources, State Engineer Office, has approved non-tributary well permits to place the treated, clean water to beneficial
use (See enclosed CO State Engineer well permit for the Overacker well-pad consisting of six individual wells. A total of twenty-nine well permits have been received to date for the
project. Other than having a different well name and location, the enclosed six permits are identical to the remaining 23 well-permits.) Successfully re-using the clean water provides
direct benefit to the watershed. Although small in scale compared to the large 20,000-50,000 barrels per day produced water treatment projects found in the coal-bed methane fields of
Wyoming, we believe this project provides the following direct benefits to the state, industry, and environment:
• Demonstrates and supports new technology: The project will demonstrate that the new patented AltelaRainsM technology can take highly challenged, millions year-old produced water and
successfully treat it for valuable re-use, instead of simply disposing of it as a 'waste'. This directly supports the 'energy/water/environment' partnership outlined in U.S. Senator
Salazar's recently passed More Water, More Energy, Less Waste Act of 2007 (See enclosed). This Act, signed into law by President Bush on May 8, 2008, provides federal funding with respect
to recovering produced water by supporting technologies and projects that can successfully convert produced water to usable water. • Provides key field data: The project will provide
key field and longevity data to the state, and industry with respect to proving highly challenged produced water can be economically treated and successfully re-used pursuant to Colorado
Water Quality regulations in support of Senator Salazar's Act. • Reduces water-hauling truck mileage: The project will greatly reduce the number of water-hauling truck miles driven across
Garfield County roads. The project will reduce the amount of produced water needed to be hauled away to off-site disposal facilities by up to 80%. Wear and tear on roads will be significantly
reduced, dust and noise will be reduced, and safety will be greatly increased with fewer trucks traveling on County roads. • Provides strong environmental benefits: The AltelaRainsM
technology mimics nature's rain cycle and is inherently environmentally friendly. The pure distilled water stream that is generated can be re-used for numerous beneficial uses demonstrating
that the oil and gas industry can be a sUEplier of freshwater instead of solely a user of freshwater. In addition, the AltelaRain M technology significantly mitigates environmental problems
associated with on-site reserve pits, leakage and spills associated with commercial trucking and use of evaporation ponds, as well as improper disposal and reinjection issues. Additional
Informational Requirements: ill Hours of Operation: The Altela System is a fully automated process designed to operate 24 hours per day with minimal shutdown time. While a daily visit
to each site will be normal procedure, the total time monitoring the system on site, once in operation, is expected to be no more than a few hours per day. In order to assure continuous
operation of the Altela System, a reliable remote monitoring system is installed to provide a remote operator with a visual means of monitoring key system data. In addition, the remote
monitoring system has an "auto-dial" capability, that is, it will notifY the operator anytime an alarm situation occurs. hl Number of Vehicles Accessing the Site: The Altela System will
be visited each day by an Altela employee driving his vehicle. In addition, there will be a significant reduction
in site visits by IS-wheel trucks and corresponding produced water trucking mileage. Currently, produced water must be trucked significant distances to reach commercial produced water
disposal sites. The closest facility is Black Mountain Disposal located approximately 35 miles (70 miles round-trip). It is estimated that of these 70 miles, 50 miles use County roads
and related infrastructure. If Black Mountain Disposal is not available (based on limited supply and regulatory concerns), the produced water must be trucked as far away as Utah (Danish
Flats located in Cisco, Utah). This produced water facility is located approximately 110 miles (220 miles round-trip). By utilizing the AltelaRainsM technology, up to 3 daily truck visits
to the site will be eliminated (300 barrels /100 barrels per truck load). This reduction in truck traffic is significant -equally up to 76,650 miles per annum with respect to the Black
Mountain Disposal and 240,900 miles per annum with respect to the Danish Flats disposal. £} Size and Location of Existing Structures: The site currently has four produced water tanks
to store the produced water with respect to the Laramie 20-12 pad site. One additional tank has been added for use as the clean water holding tank to temporarily store the clean, treated
water prior to discharge and re-use. These four produced water tanks are customary for each well-pad and would exist irrespective of the AltelaRainsM System to hold production water.
In addition, up to four, 45' mobile AltelaRainsM containers will be located adjacent to the tank farm (See attached site plan). Two are currently installed and operational. The AlteiaRainsM
System uses natural gas supplied directly from the well-pad. In addition, a nominal amount of electricity is required to run the pumps, PLC system and lighting. Electricity is currently
being supplied by a generator. Longer term, it is anticipated that electricity will be supplied from the local electrical company from an existing point adjacent to the site. Three additional
water tanks may be needed when the two remaining Altela units are installed. No other improvements are required. ill Safety: Altela and Laramie take the safety of its employees, customers,
and suppliers very seriously. Whether working in the office, manufacturing environment, or in the field, Altela and Laramie are committed to providing a safe working environment for
all employees and visitors at all times. Both Altela and Laramie employees are provided with a Safety and Health Manual upon commencement of their employment with Altela. The Safety
and Health Manuals outline safety planning, rules and work procedures as well as emergency procedures. 2. Water Treatment: The project involves treating water -specifically produced
water produced with natural gas production. As noted above, the amount of produced water being treated will be up to 300 barrels per day. Applicable well-permit information and other
legal water supply information
have been enclosed. The water treatment process is comprised of a thermal distillation process (See enclosed Process Description, Flow Diagram). 3. Site PlanlMap: See enclosed. 4. USGSNicinity
Map: See enclosed. 5. Garfield County Assessor's Map No. 2177: See enclosed, including lists of property owners within 200 feet of the site and names of all mineral interest owners of
the subject property. 6. Copy ofthe deed and a legal description: See enclosed. 7. Acknowledgement to act on behalf of property owner: See enclosed letter. 8. Statement responding to
Section 5.03 of the Zoning Regulations: I) Utilities at the site are adequate with respect to the produced water treatment project. Natural gas from the well head fuels the AltelaRainsM
System and electricity demand is currently supplied by generator, with capability to use local electrical company electrical lines if required. No sanitation service is required as there
is no net increase in personnel. An Altela employee stops by the site each day as needed. 2) Street improvements are adequate to accommodate traffic volumes since the level of traffic
volume will actually decrease on a net mileage basis now that large produced water 18-wheel transport trucks are reduced (See No. 1.a. above). 3) The design of the project has been organized
to minimize impact on and from adjacent uses of land. In fact, the project protects the farming/irrigated character of the neighborhood by providing clean water for re-use for irrigation
of grazing land. In addition, the project's grading and site-leveling was designed to minimize total height and visual aesthetics for the neighborhood. The access point to the site uses
an existing road already in place to access/service the Laramie 20-12 gas well-pad. Other than the AlteiaRainsM mobile system and a portable generator, no additional infrastructure has
been added that would not have been required with respect to the
Laramie 20-12 gas well-pad. The distance from the project to the nearest property line is 226 feet. 4) Existing lawful use of water through depletion has been met as indicated above
via the project's CDPHE and State Engineer water and discharge permits. Existing lawful use of water through surface run-off is met through Laramie's Colorado Discharge Permit System
-Stormwater permit (See attached copy). 5) The impacts to adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration will be minimal, if any at all. The AltelaRainsM
system does not create ground vibration that can be felt beyond the property boundary. Due to the project's grading and site-leveling, the project blends into site topography and elevation.
In addition, the system is painted an earth-tone tan color to eliminate possible glare. No exhaust lines are required other than one vapor steam outlet to release excess water steam.
The system does not generate smoke. No noise is generated other than the steam boiler cycling periodically. The noise created by the system cannot be heard beyond the property boundary.
6) Impacts on wildlife and domestic animals are unchanged. As noted above, other than the AltelaRainsM mobile system and a portable generator, no additional infrastructure has been added
that would not have been required with respect to the Laramie 20-12 gas well-pad. The Colorado Noxious Weed Management Act and the Garfield County Weed Management Plan provide for control
of noxious weeds on all unincorporated lands within the county. To comply with state and county policies, Laramie's predecessor in interest, Petrogulf, has developed a weed management
plan that Laramie follows that complies with state and county policies (See attached copy). 7) As noted above, impacts of truck traffic to and from the site will be reduced on a net
mileage basis. 8) No outdoor storage facilities are required.
I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum. specifically respond to all the following items below and attach any additional information to be submitted with this application:
1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). Include
specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis,
and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed
utility improvements. Be specific. 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be
used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including
a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 3. Submit a site plan /map drawn to scale
that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If
you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity map showing slope /topography of your property,
for which a U.S.G.S. 1 :24,000 scale quadrangle map will suffice. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing the subject property and all
public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, private and public, and their addresses adjacent
to or within 200 ft. of the site. This information can be obtained from the County Assessor's Office. You will also need the names (if applicable) of all mineral interest owners of the
subject property, identified in the County Clerk and Recorder's records in accordance with §24-65.5-1 01, et seq. (That information may be found in your title policy under Exceptions
to Title). 6. Submit a copy of the deed and a legal description of the subject property. 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from
the property owner that you may act in his/her behalf. 8. Submit a statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations:
(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. (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;
(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; 9. Depending on the type of Special
Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations). This may include uses
such industrial uses [section 5.03.07 & 5.03.08), Accessory Dwelling Units [section 5.03.21), Utility line/Utility Substations, etc. Specific sections of the Zoning Resolution which
can be located on the Garfield County web site at http://www.garfield-county.com/buildingandplanning/index.htm. or information can be obtained from this office 10. A $400.00 Base Fee:
Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 11 . Submit 3 copies of this completed application form and all the required submittal
materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS
(The following steps outline how the Special Use Permit Application review process works in Garfield County.) 1. Submit this completed application form, base fee, and all supplemental
information to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness. 2. Once the application
is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. In addition, Staff will also send you a "Public Notice Form(s)" indicating
the time and date of your hearing before the Board of County Commissioners Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Special
Use. (If Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 3. It is
solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use and the public hearing. If proper notice has not occurred. the public hearing
will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed special
use and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject
property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant.
b. Notice by mail, containing information as described in the paragraph above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred
feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to
such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. c. The site shall be posted such that the notice is clearly and conspicuously
visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to
the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required
to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. In addition, the Applicant shall provide
proof, at the hearing, that proper notice was provided. 5. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution
memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific
conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use
Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the
statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. Altela Inc. Se tember 9 2008 cti on behalf of Larami Energy
II, LLC for Special Use Permit (Date) (Signature of Property Owner)
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submilfed with application) GARFIELD COUNTY (hereinafter COUNTY) and ",L",ar",a",m-"-ie"--",E,,,ne,,,r-bgJ-Y
-'-'''''-' -"L",L~C,--__________ _ (hereinafter APPLICANT) agree as follows: I. APPLICANT has submitted to COUNTY an application for a Special Use Permit for a produced water project
(hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land
use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project,
it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the
PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as
costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners
for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall
pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final
consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT Laramie Energy II, LLC by Altela Inc., its authorized agent for the SUP Date: September
9. 2008 Matthew Bruff Print Name Mailing Address: 10/2004 Altela. Inc. 5350 S. Roslyn St.. Ste. 430 Englewood. CO 80 I 11
1III Hl~J~',I'l'ioV/I~'!~!IU,NJ III ~~~h:I~~, ~~~M,.j\ i','), 1IIII Reception~: 761805 01/20/2009 12:01 :31 PM Jean Rlberioo 1 of 1 Reo Fee:$6 00 Doc Fee:O.OO GARFIELD COUNTY CO STATEMENT
OF AUTHORITY Pursuant to C.R.S. §38-30-172. the undersigned executes this Statement of Autho~ity on behalf of Lo.ro.fV'\e [(ler~\1 I\, LtC . .. ... ' a lic·,,+e.l 1,,,,k;l.l1 Co/"'l(?
... n~ (corporation, limited liability company, general partnership, egistered lim ted 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 La.r
... ,,:;-e [,~cr3 'f II I L.L-c.. under the laws of the Sf", ~c of De (0. _" rc . and is formed The mailing address for the Entity is Deaver , Co ~020 2 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 l Mo..tthtvJ ~ryH C\)Q A \ +e. '" I ('C.. •
j The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows: I w ; +1, fc 'ct -ie, /, (0"" C {j S' ~ c-(7'1"7
F 7-r .fr ... + (if no Iimitalions, insert "None-) Other matters concerning the manner in which the Entity deals with any interest in real property are: _______________________ _ (if
no olher matter. leave this seclion blank) EXECUTED this m day of _-!£Ja.!Od_tl1JV,,-,M-;w.;'7V'--_ . 20~ 't . ! Signat:e: _~'&il'-"'IO<="",,,,""~"-""'-' ~~OI'~""~=-------Name (typed
or prinled: Robe.y-t Q.. ijea STATE OF (olorc..J<, COUNTY OF fxu, \jIlL-) )SS. ) Title (if any) VE-EbSineev"h-1 .... 0rU4:1:;0I3.5 The foregoing instrument was acknowledged before me
this q *' day of 'J()..()\).o.r~ . 200~bY go&~r+ cr-. Huo-,on behalf of L...r .. "d. r:l\tr~ E, ~LL . a Dolo ""Me !...'m''''o\ L: .. bi/1!e 1.onya..>''K 11108 Wilness my hand and official
seal. My commission expires: :ro..-4, dO l;r (tary Public) ISEAL] NANCY R. THORNTON NOTARY PUBLIC STATE OF COLORADO My Commission Expires Jan. 4. 2012
