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HomeMy WebLinkAbout2.0 Staff ReportBOCC Exhibits (6/1/2009) (Limited Impact Review Permit - BHI Barrett LLC Circle B #4 Produced Water Storage / Treatment Facility) Exhibit Letter (A to Z) Exhibit A Proof of Mail Receipts B Proof of Publication Garfield County Unified Land Use Resolution, as amended (ULUR, the Zoning Code) Garfield County Comprehensive Plan of 2000, as amended (Comp Plan) D E Application F Staff Report G Email, GarCo Environmental Health Manager, Jim Rada, dated 4.20.09 H Letter, GarCo Vegetation Management Dept., Steve Anthony, Director, revised, dated 4.30.09 Email, GarCo Planning Department Project Engineer, John Niewoehner, PE, dated 2.6.09 Letter, GarCo Road & Bridge Dept, Jake Mall, Administrative Foreman, dated 4.22.09, revised 5.27.09 KLetter, Burning Mountains Fire Protection District, Orrin Moon, Assistant Fire Marshal, dated 4.23.09 L Letter, Aspen Valley Land Trust, Martha Cochran, Executive Director, dated 5.4.09 M Email, Guccini, Debbie, Adjacent property owner, noticing deficiency comment, dated 4.24.09 N Letter, Price, Donald G., Adjacent property owner, in support of traffic and fresh water use reduction, use of tanks rather than open pond, visual mitigation measures, dated 4.23.09 0 Letter, Response from Applicant, dated 5.25.09 P Staff Powerpoint Q 1-0 51; -710— lei//// Le/cc-1 /17 R 1 I/J/0 91-15a '�� ,( PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW: SUMMARY OF REQUEST: APPLICANT / PROPERTY OWNER: LOCATION / ACCESS: SITE INFORMATION: EXISTING / ADJACENT ZONING: BOCC — 6/1//09 DD Limited Impact Review Permit (LITP) Application The Applicant requests a LIRP for the installation of a produced water storage holding / treatment tank facility Bill Barrett Circle B Land Company, LLC (Parcel # 2179-353-00-463 also known as Circle B Well pad #4) 10 acres of a 297 -acre parcel Rural (R) Zone District I. REQUEST and DESCRIPTION OF PROPOSAL The Applicant proposes to install a storage facility for the treatment / storage of produced water on an expanded COGCC well pad, 10 acres in size. This facility has been designed to replace an open water pond / storage facility (Well Pad #6) about which there were a number of concerns, including threat to wildlife and complaints from adjacent property owners due to odor and viewscape issues . It is proposed that produced water generated from existing and proposed wells in the area be gathered and re -used in operations. Produced water that is not treated and re -used in area operations, such as frac-ing, shall be treated at an approved facility or injected into the new salt water disposal well, presently in the permitting process (labeled as SWD well on site plan). Gathering of the produced water will be done primarily through existing pipelines, although some trucking is proposed as part of the application. Existing home (distance: 1500' over hill) Circle B Well Pad #4 • a primary settling tank battery, LIRP Circle B #4 Produced Water Storage Facility —BOCC —6/1/09 Page 3 • a secondary settling tank battery, • a final produced water storage tank battery, • a salt water disposal well. The operation is to be added contiguous to a COGCC-approved well pad site. The injection facilities will consist of a 16'W x 70'L x 10'H pumphouse building. Pump controls and electrical components will be housed in a small skid building (14' x 20'x 10'H.) Lighting to the site is provided by electrical service, so no generators are required. Combustors will be added to the tank system to destroy hydrocarbon emission and meet the air emission standards. II. AUTHORITY / APPLICABILITY In the zone district, a permit for the use "water storage facility' may be considered with Limited Impact Review. In this case, `water' is produced water, water that contains components that make it an industrial by-product from natural gas extraction. The application is to follow the required procedure for a Limited Impact Review, detailed in Unified Land Use Resolution of 2008, as amended (ULUR), Article IV, and satisfy the submittal requirements 4-501 (E). In addition to the portions of ULUR that define the process and submittal materials, applicable portions of Article VII: Standards are required to be met, and additional standards related to `Storage' of industrial materials must be met: 7-810 and 7-821, Additional Standards Applicable to Storage Areas and Facilities. ULUR, Article 1, Division 3 states that the decision-making and advisory bodies set forth in the administration of this land use code are defined in Section 1-301 (1-3). Authority is given the Board of County Commissioners to 'take such other action not delegated to the Planning Commission, the Board of Adjustment or Director, as the Board of County Commissioners may deem necessary to implement the provisions of this Land Use Code', and hold public hearings where official action may be taken. III. ZONING / ADJACENT USES The zoning on the parcel is Rural ( R), as is the zoning on surrounding parcels. The `neighborhood' is one of small- to moderate- sized rural residential parcels, with some extractive processes (NG well pads) nearby. The topography of the area is rolling hills with pinyon -juniper forest and sagebrush community, interrupted by washes with some riparian zone. The parcel has a conservation easement on it with the Aspen Valley Land Trust to conserve its value as an agricultural and wildlife property. L1RP Circle B #4 Produced Water Storage Facility —BOCC —6/1/09 Page 5 develop these interests. Furthermore, private property owners also have certain legal rights and privileges, including the right to have the mineral estate developed in a reasonable manner and to have adverse land impacts mitigated. Objectives: 9.1 The County will require adequate mitigation to address impacts of mineral extraction on private property owners, without undue burden on the legal rights of mineral lessees. 9.2 The County, through the implementation of the Comp Plan, Zoning and Special Use Permit policies (now permits under ULUR); will address future compatibility issues with current mining operations. 9.3 The County will ensure that mineral extraction activities will not adversely affect the natural environment, including air quality, water quality, wildlife habitat or important visual resources. Policies: 9.1 Garfield County, to the extent legally possible, will require adequate mitigation to address the impacts of mineral extraction on adjacent land owners. These measures may include the following: A. Landscaping and screening. C. Roadway improvements and signage. E. Drainage improvements to protect surface and groundwater. 9.2 Garfield County, in coordination with relevant authorities will require that developers of energy or mineral extraction projects finance the construction and operation of any public improvements which, now or in the future, will be required by their projects. 9.4 Dust, odors and fumes should be contained within the extraction site generating such emission and should not negatively affect any surrounding land use. 9.5 Any proposal regarding mineral extraction that cannot mitigate adverse impacts may be denied based on a finding of incompatibility for the following reasons: A Adversely affecting the desirability of the immediate neighborhood or the entire community, B. Impairing the stability or value of existing adjacent properties, C. Adversely affecting the quality of life of existing adjacent residences, D. Showing a lack of quality or function in operational planning and/or design, E. Creating a public danger or nuisance to surrounding areas, F. Altering the basic character of adjacent land uses or the entire community Programs: LIRP Circle B #4 Produced Water Storage Facility —BOCC-6/1/09 Page 7 by Staff, adverse effects can be reduced. It is the right of the mineral lessee to extract the resource, but it is a requirement of both Comp Plan and ULUR that the extraction permit include measures to ensure the resource is 'developed in a reasonable manner and to have adverse land impacts mitigated'. The site is more than 1500 feet from the nearest residence, and is situated to be below the horizon line or a hill. The Applicant has put additional safeguard measures in place to protect the water quality of the irrigation ditch and nearby pasture (fail-safe monitors, secondary containment under the entire tank basin, etc.) The Impact Analysis speaks to specific site design features that the Applicant will provide to ensure the adjacent properties. This requirement can be met with conditions recommended by Staff. 7-104 Sufficient Legal and Physical Source of Water No fresh water well is on site, and the 'water' that is to be processed and stored on site has been legally extracted from natural gas wells under company permit. This requirement has been met. 7-105 Adequate Water Supply See 7-104. This requirement has been met. 7-106 Adequate Central Water System and Wastewater There is no central water system or central wastewater system. In reference to comments from the Environmental Health Department Manager, a portable toilet will be required on site to serve the need for sanitary facilities. This requirement can be met with conditions recommended by Staff. 7-107 Adequate Public Utilities to Serve the Use The proposal has electrical service adequate to operate generators and pumps on the site. This requirement has been met. 7-108 Access and Roadways The proposal has adequate existing access, and a condition of approval shall be to require financial contribution towards road maintenance, as per GarCo Road & Bridge Department. Proper permits from GarCo Road & Bridge for overweight/oversize vehicles and traffic control plans during the installation of the site structures and tanks are also required. This requirement can be met with conditions recommended by Staff. 7-109 No Significant Risk from Natural Hazards The subject parcel is not in an area that has been identified as having natural hazards, such as mudflow, geologic instability, mudflow, fault, etc. The only identifiable natural hazard is that the site having a low to moderate wildlife risk. The LIRP Circle B #4 Produced Water Storage Facility —BOCC —6/1/09 Page 9 fencing on the site. This requirement can be met with conditions recommended by Staff. D. Roads The proposal has adequate legal access and existing roadway on the subject parcel. As discussed in 7-108, the Applicant shall be required to meet the conditions set forth by GarCo Road & Bridge Department as a condition of approval. This requirement can be met with conditions recommended by Staff. E. Irrigation Ditches The proposal has been designed to minimize potential adverse effects to the Multa-Trina Ditch that is immediately adjacent to the site perimeter. Numerous measures in excess of COGCC requirements have been proposed to ensure containment of the volume of produced water proposed to be stored and treated on site. The tanks are connected by manifolds, and there is an electronic notification system that alerts personnel on- and off-site that there is a problem in a tank. The largest tanks are encircled with spill containment basins per COGCC standards. A synthetic liner will be installed in the tank battery basin that is surrounded by an earthen berm. BMPs also include straw bales and straw -bale waddles to curb erosion on cut slopes, to prevent the carry of run-off into the ditch. This requirement can be met with conditions recommended by Staff. 7-202 Protection of Wildlife Habitat Areas As discussed above in 7-201 A -D, Staff recommends those conditions of approval to mitigate adverse effects on wildlife. The wildlife report cites no adverse effect on sensitive species, but does mention that the sagebrush/pinyon/juniper plant community takes a long time to re-establish itself, and is of value to numerous bird species that are 'Birds of Conservation Concern'. It is recommended that disturbance to species such as Brewer's sparrow can be lessened if vegetation clearance were to occur outside of the primary nesting periods of May 15 - August 1. The report states further that sagebrush is an important browse and cover for the Mule Deer and Elk herds that use this area, most importantly in winter. Reducing it height reduces its value to wildlife. Staff recommends that construction be limited to the 'Ideal construction periods' listed in Table 1 on page 5 of the Wildlife Assessment and Mitigation Report, those being: May 1- 15, July 16- November 30. This requirement can be met with conditions recommended by Staff. 7-203 Protection of Wetlands and Waterbodies The only semblance of a waterbody on the site is the pit (pond) that is associated with the salt water disposal well, and the only waterbody adjacent would be the ditch. These issues have been addressed in 7-201 (A) and (E). This requirement can be met with conditions recommended by Staff. 7-204 Protection of Water Quality from Pollutants LIRP Circle B #4 Produced Water Storage Facility —BOCC —6/1/09 Page 11 equal value for equal purpose be required by COGCC permit requirements, the County could consider provisions for returning the financial security. This requirement can be met with conditions recommended by Staff. Article VII : Additional Standards 7-810: Additional Standards Related to Industrial Use A. All fabrication, service and repair operations shall be conducted within an enclosed building or obscured by a fence, natural topography or landscaping. No fabrication, service or repair operations are affiliated with this use. This requirement has been met. B. All operations involving loading and unloading of vehicles shall be conducted on private property and shall not be conducted on a public right-of- way. No loading or unloading is proposed to take place off the site. This requirement has been met. C. All outdoor storage facilities for fuel, raw materials and products shall be screened by natural topography or enclosed by a fence or wall adequate to conceal such facilities from adjacent property. 1. All outside storage abutting or facing a lot in a residential or commercial zone shall be screened by natural topography or enclosed by a site -obscuring fence to obstruct the storage area from view. The fence shall be of material and design that will not detract from adjacent residences. The design of this site has utilized natural topography that screens the site from the south and west, and rolling topography blocks the view of the site from the north and east. The tank battery is set in a depression to prevent it from being visible above the horizon. As a condition of approval, the structures, tanks, valves, containment enclosures and man-made features shall be painted with non -reflective paint in a color to make them appear less conspicuous (sage green). Staff feels that these measures mitigate the site's presence considerably, and that the sizeable wall or fence that would be required to complete screen the site would create more of a visual distraction than a remedy. These requirements can be met with conditions recommended by Staff. D. All industrial wastes shall be disposed of in a manner consistent with statutes and requirements of CDPHE. Contrary to the statement by the Applicant, Staff notes that the produced water to be handled on this site IS an industrial waste, and the entire operation is a LIRP Circle B #4 Produced Water Storage Facility —BOCC —6/1/09 Page 13 condition of approval also helps to mitigate fumes generated on site. Staff recommends that the operation on the site be performed so as to meet the standards set for in Federal, State and local law regarding fumes. In 7-810. C.1, Staff recommended that as a condition of approval, the structures, tanks, valves, containment enclosures and man-made features shall be painted with non -reflective paint in a color to make them appear less conspicuous (sage green). Staff recommends an ongoing dust mitigation program be applied to the unsurfaced road on the subject parcel, and lighting on the site be downcast and directed inward as conditions of approval. This requirement can be met with conditions recommended by Staff. 7-821: Additional Standards Related to Storage A. Storage of Hazardous Materials. Flammable or explosive solids or gases shall be stored according to the manufacturer's standards and shall comply with the national, state and local fire codes and written recommendations from the appropriate local fire protection district. The conditions proposed by the Applicant incorporate comments from the fire service provider. Staff feels that these adequately address the storage of hazardous materials. This requirement has been met. B. Materials and Wastes Contained on Property. No materials or wastes shall be deposited on the property in a form or manner that may be transferred off the property by any reasonably foreseeable natural cause or force. As discussed in 7-205, 206, 207 and 7-810 D above, the proposal has an adequate stormwater management plan and spill containment measures are adequate to address this requirement. Conditions set forth in the discussions of 7-201 and 7-203 shall be recommended as conditions of approval. These requirements can be met with conditions recommended by Staff. C. Outdoor Storage Enclosed or Concealed. Outdoor storage facilities shall be enclosed or have adequate provisions to conceal these facilities from adjacent property. As discussed in 7-810.C.1 above, the proposal has adequate provisions for the outdoor storage, that 'storage' being the tanks and structures on the site. This requirement can be met with conditions recommended by Staff. D. Use and Storage of Heavy Equipment. Heavy equipment is anticipated to only be on site during the construction phase of the project, or for short-term repairs or maintenance. This requirement has been met. LIRP Circle B #4 Produced Water Storage Facility —BOCC —6/1/09 Page 15 While the proposed storage facility has traffic associated with it, the facility demonstrates a savings of trips as most of the produced water is being conveyed to the site via existing pipeline. An average of 17 ADT trips a day is anticipated for the site in construction, 34 ADT in operation, and 12 in reclamation. Current volumes on Chipperfield Lane are 211 ADT. Staff notes that the traffic impact is at a much lower level were it not for the pipelines delivering the produced water, but recognizes the comment from GarCo Road & Bridge Department that reports the road is presently in poor condition from heavy traffic and requires repair. As a condition of approval, Staff recommends that a financial security for road repair to Chipperfield Lane to the satisfaction of GarCo Road & Bridge Dept. be required Finally, the site is not located in a floodplain. (This fact was not presented elsewhere.) VI. REVIEW AGENCY COMMENTS / CITIZEN COMMENTS Staff referred the application to the following referral agencies for comment, with the response noted: • Garfield County Environmental Health Department, Director Jim Rada, email comments dated 4.20.09 (Exhibit G ) • Garfield County Vegetation Management Department, Manager Steve Anthony, email comments, revised, dated 4.30.09 (Exhibit H) • Garfield County Planning Department, Project Engineer John Niewoehner PE, email dated 2.6.09 (Exhibit I ) • Garfield County Road & Bridge Department , Administrative Foreman Jake Mall, email dated 4.22.09, revised 5.27.09 (Exhibit J ) • Burning Mountains Fire Protection District, Orrin Moon Assistant Fire Marshal, dated 4.23.09 (Exhibit K ) • Aspen Valley Land Trust Executive Director Martha Cochran, letter dated 5.4.09 (Exhibit L ) • Garfield County Oil & Gas Liaison- no comment received. • Division of Wildlife- no comment received. Citizen comments included the following: • Guccini, Debbie, Adjacent property owner, noticing deficiency comment, dated 4.24.09 (Exhibit M) • Price, Donald G., Adjacent property owner, letter in support of traffic and fresh water use reduction, use of tanks rather than open pond, visual mitigation measures, dated 4.23.09 (Exhibit N ) LIRP Circle B #4 Produced Water Storage Facility —BOCC —6/1/09 Page 17 5. Emissions of smoke and particulate matter: the Produced Water Storage Facility shall be so operated so as to comply with all Federal, State and County air quality laws, regulations and standards. 6. Emission of heat, glare, radiation and fumes: the Produced Water Storage Facility shall be operated so 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. 7. All equipment and structures associated with this permit shall be painted with non - reflective paint in neutral colors (sage green) to reduce glare and make the facility less conspicuous. 8. Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes and COGCC Series 800. 9. Electrical pumps and generators shall be used to reduce emissions and noise. 10. Lighting shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. 11. A safety meeting that includes fire/wildfire response planning, updating of maps / contact lists, securing a hazardous materials permit, and a site inspection shall be performed with the fire service provider (Burning Mountains Fire Protection District) no less than annually. 12. Dust mitigation on the sites and access roads shall be performed to prevent fugitive dust. 13. The spill containment measures shall include electronic 'fail-safe' alert system, manifolds between the tanks, tank enclosures, a durable synthetic membrane liner for the entire tank basin and an earthen berm. 14. To ensure safety to wildlife and domestic animals as well as to ensure that habitat considerations are addressed: a. Division of Wildlife 'wildlife friendly' fencing shall serve as the guide for fencing on the site, b. A bear -proof dumpster or waste container shall be provided on the site, c. When the pit associated with the installation of the salt water disposal well is installed and contains liquid, that pit (pond) shall be lined, mesh fenced around the pond perimeter, and netted over the top to prevent access by wildlife that might be attracted to the liquid there. An escape mechanism shall DustyDunbar From: Jim Rada Sent: Monday, April 20, 2009 4:27 PM To: Dusty Dunbar Subject: LIR 1209 Circle B#4 Produced Water Storage Facility Attachments: Jim Rada (jrada@garfield-county.com).vcf; image001.gif Dusty, I offer the following comments regarding the referenced submittal: 1. I did not see it specifically mentioned but I assume this will be a 24/7/365 operation. If so, on-site lighting will be needed for operators and water haulers. No mention is made of lighting requirements. Typical well site lighting involves diesel -powered lights that cast significant light on the site and into the surrounding area along with addition noise and emissions. I strongly recommend that BBC develop a lighting plan that minimizes impacts associated with their lighting needs while providing adequate lighting for safe operations. 2. No mention is made of toilet facilities on site. I recommend that at least one, properly maintained portable toilet facility be provided to the site for operators and haulers. 3. Is a COGCC permit or permit amendment required to expand the existing pad. If so, then it might be appropriate to have that in place before construction commences. 4. No information was provided as to the intended use of the reserve pit. Having an open pit on site could defeat the purpose of the tank battery regarding a number of issues (i.e. wildlife, cattle, air emissions). Thanks for the opportunity to review this application. Jim Kada, RE1-l5 Environmental Health Manager Garfield County Public Health 195 W 14th Street Rifle, CO 81650 Phone 970-625-5200 x8113 Cell 970-319-1579 Fax 970-625-8304 Email jrada angarfield-county.com Web www.garfield-county,com 1 MEMORANDUM To: Dusty Dunbar From: Steve Anthony Re: Comments on Circle B #4 Water Storage Facility Date: April 30, 2009 Revised comments EXHIBIT rwr. Thanks for the opportunity to comment on this permit. My original comments are followed by revised comments in red. Noxious Weeds Weed Management The applicant has provided a weed inventory and weed management plan. The weed management is in general terms and doesn't provide for a specific commitment for the work to be done. The project area is located in a dense infestation of Russian knapweed, staff requests that the applicant contact this department at 625-8601 to arrange a site inspection pertaining to noxious weeds on this property. Preventative Weed Control Measures During Construction There is a probability that equipment leaving this site will be contaminated with Russian knapweed seeds. To prevent further spread of this noxious weed to other sites, staff strongly recommends that the applicant construct a washing station to power wash and remove all seeds, soil, and vegetative matter for all construction, heavy or off road equipment and transport. This would include backhoes, trackhoes, dozers, blades, rollers, lowboys, and equipment trailers. Equipment shall be considered clean when a visual inspection does not disclose seeds, soil, vegetative matter, and other debris that could contain or hold seeds. Revegetation Revegetation Plan The applicant has provided an acceptable menu of seed mixes. All seed tags must be saved and made available to the Vegetation Management Department for verification. Revegetation Security It is the recommendation of this department that the applicant post a revegetation security. The applicant has quantified the amount of surface area to be disturbed on private land by the water storage facility as 10 acres (Site Plan Sheet 2 of 3). If this figure is correct staff recommends a revegetation security of $40,000 (10 x $4000) The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards in the Garfield County Weed Management Plan. It is the responsibility of the applicant to contact the County, upon successful revegetation establishment, to request an inspection for bond release consideration. Summary Staff is requesting the following: A firm commitment for an on-site inspection -BBC and Vegetation Management staff, Prior to May 15, 2009. A weed management plan that details when the weed treatment will be done. A Russian Knapweed treatment prior to June 1 is strongly encouraged. After the treatment, please forward application records to this office. Confirmation that a washing station has been implemented and is utilized. Revised Comments Staff met with Jesse Merry from BBC on April 30, 2009. Mr. Merry agreed to: Map and inventory the entire property for county -listed noxious weeds in May 2009. Develop a weed management plan based on the inventory by June 1, 2009. Initiate a spring treatment by June 2009 for the entire property, with particular intention to the chicory and Russian knapweed north of the proposed storage facility. Complete a fall treatment program by October 2009. Forward mapping and inventory information, and weed management plan to Garfield County by June 2009. A washing station will not be needed if the applicant follows through with the aforementioned weed management procedures. Dusty Dunbar From: John Niewoehner Sent: Friday, February 06, 2009 9:10 AM To: Dusty Dunbar Subject: Barrett Circle B 4Water Storage Facility Dusty - - (1) The only concern I have is the eventual reclamation of the land. They are increasing the area disturbed by the gas well to build the water storage facility. I've been told that COGCC regulates well pad reclamation and COGCC holds a bond that serves as a financial guarantee. Perhaps COGCC has a standard financial guarantee amount for each well pad. If you think it's appropriate, I would like to see a copy of the reclamation bond for the well pad and an explanation for how the amount was calculated. I want to confirm that the financial guarantee takes into account the expansion of the well pad for functions in addition to well drilling. (2) Pipelines from other well pads will connect to this water storage facility. The applicant (Barrett and Cordilleran) should be made aware that all pipelines are regulated by the County through either a Grading Permit (for small and short pipelines) or through Pipeline Development Plans. John DustyDunbar From: Jake Mall Sent: Wednesday, May 27, 2009 3:52 PM To: Dusty Dunbar Subject: Bill Barrett Circle B Water Project Dusty: This is an update to my previous comments on the Circle B Water Project. I have been working with the management of Bill Barrett Corp. on a workable solution to the repair and asphalt overlay on Cr. 326 (Chipper Field Lane). We have agreed to reduce the asphalt overlay to 2 -inches from the original 3 -inches and do the base repair necessary to return the road to a safe drivable condition. Bill Barrett Corp. has made an offer of money to do the required road work. We are waiting for the final quote from the paving company before signing off on the offer. This offer and the work being performed will satisfy the request of the Road and Bridge Department that was previously requested. Thanks Jake B. Mall Administrative Foreman Garfield County Road and Bridge Department 970-625-8601 Office 970-618-6194 Cell 1 GARFIELD COUNTY Building & Planning Department Review Agency Form b a a EXHIBIT Date Sent: March 31, 2009 Comments Due: April 22, 2009 Name of application: Circle B #4 Produced Water Storage Facility Sent to: Garfield County Road & Bridge Garfield County requests your comment in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staff Contact: Dusty Dunbar 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Garfield County Road & Bridge Department has no objection to this application with the following comments. The driveway access has been permitted and meets the requirements for this application. The driveway access will be exempt for this application. All vehicles hauling equipment and materials for the construction of this project shall abide by Garfield County's oversize/overweight system. All vehicles requiring an oversize/overweight permit shall have a letter from Bill Barrett Corporation on file with Garfield County Road & Bridge Department stating these vehicles can operate under their bond on file with Garfield County. All vehicles requiring oversize/overweight permits shall apply for them at Garfield County Road & Bridge Department. As Cr. 326 (Chipperfield Lane) is in need of repairs we would request a 3 -inch asphalt overlay be placed from the intersection of Cr. 331 (Dry Hollow Road) to the cattle guard at the east end of Cr. 326. Bill Barrett Corporation shall be responsible for road repairs on Cr. 326 as they have in the past for their operation. Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall Date April 23, 2009 Revised 3/30/00 Burning Mountains Fire Protection District Dusty Dunbar Garfield County Planning Dept. Ref. Circle B#4 Water Storage Facility EXHIBIT April 23, 2009 Dusty: The following is my comments on Circle B#4 Water Storage Facility proposal. 1. Bill Barrett Corp. shall obtain an annual permit from Burning Mountains Fire Protection District. For the storage of hazardous materials. 2. Bill Barrett Corp. shall maintain a list of emergency contacts with the Fire Dist. and update whenever contacts are changed. 3. An Emergency Response Plan shall be submitted and reviewed by both Bill Barrett Corp and Fire District officials. Fire District will accept and maintain a copy of the response plan. 4. Topographic maps of the site and area of potential spill area shall be provided to the Fire District for review and acceptance. Fire District shall require 15 copies of map for response apparatus. 5. In the opinion of the Asst. Fire Marshal, The tank site can be and should be made to contain any and all spills on site. Due to location, in the case of a major spill, the site has a potential to flow down -hill and cause contamination on neighboring landowners property and waterways. Please contact me with any questions. Orrin D. Moon, Asst. Fire Marshal. BOARD OF DIRECTORS President, Karen Maddalone-Cochran Secretary, John Moore Jr. Director, Robert Thrower Treasurer, John W. Gredig Director, Fire Chief, Brit C. McLin Station #1 Administration POBox2 611 Main Street Silt, CO 81652 (970) 876-5738 Fax (970) 876-2774 Station #2 731 West Main New Castle, CO 81647 (970) 984-3412 Station #3 5255 CR 335 New Castle, CO 81647 (970) 984-3323 Board of Directors Wally Obermeyer President Louis Meyer Vice -President Cathy Porter Secretary Sandy Jackson Treasurer Jim Aresty Dave Bellack Steve Carter Sue Edelstein Lee Ann Eustis Rosemary Patterson Staff Martha Cochran Executive Director Suzanne Stephens Associate Director Bethany Collins Project Specialist Melissa Sumera Office Manager May 4, 2009 Garfield County Board of County Commissioners c/o Dusty Dunbar 109 Eighth Street Glenwood Springs, CO 81601 Re: Limited Impact Review Application -- Circle B Land Company, LLC/Bill Barrett Corporation — Pad #4 Water Storage Facility To Whom It May Concern: Please accept this letter as a supplement to the Aspen Valley Land Trust letter dated December 15, 2008, and as an explanation of the reasoning behind AVLT's decision to not exercise its potential right to act as a co -applicant and to not object to the application referenced above. After extensive legal research, AVLT acknowledges that the conservation easement held on the Circle B property is subordinate in time and right to the oil and gas rights held by Bill Barrett Corporation (BBC). Because of the terms of the prior leases, AVLT has determined that it lacks the standing to restrict or deny activities which are permitted by the COGCC and/or Garfield County. In order to best protect the habitat and open space conservation values of the Circle B Ranch, AVLT elected to work with BBC to encourage facility planning that would best protect the wildlife corridor and agricultural integrity of the property. The accommodations BBC has made in withdrawing their application for an open -pit water management facility on Pad #6, and alternatively applying for a closed -tank water storage battery and infrastructure on Pad #4 best accomplishes AVLT's objective of limiting long-term disturbance to one area of the property, leaving the irrigated agricultural land and wildlife corridor free from on-going impacts. AVLT has worked with BBC to encourage a solution that protects the conservation values as much as possible given its legal constraints. To that end, relocating the water storage facility from Pad #6 to a closed -tank system on Pad #4 benefits the conservation easement by: - Removing the open pit storage facility from the wildlife conservation area of the property; - Mitigating the dangers to livestock and wildlife by changing to a closed containment system; - Containing the odors associated with open pit water facilities and impact on neighboring lands; and Consolidating the major disturbance area to Pad #4 which is on a corner of the property and is served by existing roads, is already heavily impacted by drilling and production activities and does not impact agricultural irrigation and other activities. Reduces the visual impact of a water storage facility from neighboring properties. Given the above circumstances, AVLT determined it was in the best interest of the property, the protection of the conservation values in the long term, and AVLT's ability to retain its legal standing, to not object to the above application. Thank you for your consideration and ongoing commitment to protecting conserved properties in Garfield County. Sincerely, Martha Cochran Executive Director Board of Directors Wally Qberrneyer President Louis Meyer Vice -President Cathy Porter Secietely Sandy Jackson • Treasurer Jim Aresty Dave Belled( ' Steve Carter Sue Edelstein Lee Ann Eustis Rosemary Patterson Staff - Martha Cochran Executive Director Suzanne Stephens Associate Director Bethany Collins Pi eject Spec. Gst Nietisse Surnere Office Manager May 4, 2009 RECEIVED MAY 2 9 2009 GARFIELD COUNTY BUILDING & PLANNING Garfield County Board of County Commissioners c/o Dusty Dunbar 109 Eighth Street Glenwood Springs, CO 81601 Permanently preserving open lands for agriculture, wildlife and recreation Re: Limited Impact Review Application — Circle B Land Company, LLC/Bill Barrett Corporation — Pad #4 Water Storage Facility To Whom It May Concern: Please accept this letter as a supplement to the Aspen Valley Land Trust letter dated December 15, 2008, and as an explanation of the reasoning behind AVLT's decision to not exercise its potential right to act as a co -applicant and to not object to the application referenced above. After extensive legal research, AVLT acknowledges that the conservation easement held on the Circle B property is subordinate in time and right to the oil and gas rights held by Bill Barrett Corporation (BBC). Because of the terms of the prior leases, AVLT has determined that it lacks the standing to restrict or deny activities which are permitted by the COGCC and/or Garfield County. In order to best protect the habitat and open space conservation values of the Circle B Ranch, AVLT elected to work with BBC to encourage facility planning that would best protect the wildlife corridor and agricultural integrity of the property. The accommodations BBC has made in withdrawing their application for an open -pit water management facility on Pad #6, and alternatively applying for a closed -tank water storage battery and infrastructure on Pad #4 best accomplishes AVLT's objective of limiting long-term disturbance to one area of the property, leaving the irrigated agricultural land and wildlife corridor free from on-going impacts. AVLT has worked with BBC to encourage a solution that protects the conservation values as much as possible given its legal constraints. To that end, relocating the water storage facility from Pad #6 to a closed -tank system on Pad #4 benefits the conservation easement by: Removing the open pit storage facility from the wildlife conservation area of the property; - Mitigating the dangers to livestock and wildlife by changing to a closed containment system; - Containing the odors associated with open pit water facilities and impact on neighboring lands; and Consolidating the major disturbance area to Pad #4 which is on a corner of the property and is served by existing roads, is already heavily impacted by drilling and production activities and does not impact agricultural irrigation and other activities. Reduces the visual impact of a water storage facility from neighboring properties. Aspen Valley Land Trust 320 Main Street • Suite 204 • Carbondale, Colorado 81623 • 970.963.8440 phone • 970.963.8441 fax www.avlt.org Given the above circumstances, AVLT determined it was in the best interest of the property, the protection of the conservation values in the long term, and AVLT's ability to retain its legal standing, to not object to the above application. Thank you for your consideration and ongoing commitment to protecting conserved properties in Garfield County. Martha Cochran Executive Director 6,k,,, Dus Dunbar From: Rocky Mountain Realtors, Inc. [rmr@sopris.net] Sent: Friday, April 24, 2009 3:35 PM To: Dusty Dunbar Subject: Fw: Regarding Public Hearing for Circle B Water Storage Facility Attachments: Glacier Bkgrd.jpg; Garfield guccini address.pdf EXHIBIT M Sorry had the wrong email at first. Original Message From: Rocky Mountain Realtors, Inc. To: ddunbar@garfield-co-com Sent: Friday, April 24, 2009 2:49 PM Subject: Regarding Public Hearing for Circle B Water Storage Facility Dusty, I am letting you know that we have not been noticed regarding the above matter to be brought before the BOCC on May 4, 2009 from your applicant.We only found out about this meeting from Jeff Frandrich (Land Man with Bill Barrett Corp) in a phone call to Toby inviting us to a informal meeting that Barrett Oil is having at their Silt office on Wed April 29 from 6-7 pm to let the neighboring properties know what is being proposed for this application.We have had previously received public notice from Barrett on other public hearings that they had a year or so ago with Garfield Co and that came to us at our PO Box address. Our PO Box is our address of record if you look on the assessor records. I have attached that for your info.Per my phone with you earlier today, you stated that Circle B showed our name and address in their application and that the address they used was our physical address, but we don't receive mail there and have never received mail at physical address on Chipperfield (County Road 326).1 do have a copy of the public notice that was email to us today, from Barrett oil (Circle B) after they were told we never got one.So probably this meeting will be postponed as they will have to re -notice everyone. Maybe they knew that I would voice my opinion ( not in favor of this) at this public hearing and they purposely sent to wrong address. Maybe not but... See you at the public hearing Debbie Guccini Office Manager Rocky Mountain Realtors, Inc 820 Castle Valley Blvd # 108 New Castle, Co 81647 970 984-3720 phone 970.984-3721 fax 1 DONALD G. PRICE 411 FRANKLIN STREET PO BOX 310 CLAYTON, NY 13624 (315) 686-5950 April 23, 2009 Board of Commissioners 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Limited Impact Review Application By Bill Barrett Corporation Circle B #4 Water Storage Facility RECEIVED APR 2 8 2009 GARFIELD COUNTY BUILDING & PLANNING To Whom It May Concern: The purpose of this letter is to communicate my support of Bill Barrett Corporation's Limited impact Review Application pertaining to its proposed water storage facilities to be located in Section 35, T6 S, R 92W. It is my understanding that this Application was recently submitted to the GARCO Planning Dept and will be submitted for approval by the Board of Commissioners at the May 4th meeting. I own land in Section 1, T7S, R92W, which is situated diagonal to Section 35 and I have recently restored a stone homestead cabin on this property. Last summer, Bill Barrett Corporation had submitted to the GARCO Building and Planning Department an application to expand the pit located at the Circle B 06 pad, which included the use of an underground piping system in order to efficiently move water between their various operations in the area. While I agree that utilizing an underground piping system will reduce truck traffic and associated dust and that recycling water would result in a significant reduction of fresh water needed for operations, my primary concern at the time was that the expanded pit and the associated night-time lighting would have had a negative impact on the view from my cabin. After discussing my concerns with representatives of Bill Barrett Corporation last summer, Bill Barrett Corporation agreed to completely re -configure their initial application. Their new application does away with expanding the Circle B #6 facility (reclaiming it instead) and now call for relocating their water storage facilities at their Circle B#4 location. In addition, Bill Barrett Corporation agreed to redesign its proposed facilities to utilize enclosed steel tanks rather than an open pit to contain their water, which, in my view, greatly reduces the risks of odors and leaks. I want the GARCO Commissioners to know how much I appreciate BBC's cooperation and efforts in the regards, particularly in light of the considerable expense and time involved. The Circle B 04 location is much more preferable location to me, since it is further removed from my property and takes advantage of existing topography in maximizing concealment and minimizing visual impacts. I also understand that this Circle B #4 location is also hidden from view of Chipperfield Lane and from other neighbors in the vicinity. If so, it's obvious that the Circle B #4 location is the best and most appropriate location for this facility. 1 While the Circle B 06 pit has been reclaimed, there remain some temporary frac tanks to handle the water that continues to be produced from the Circle B #6 site. Bill Barrett Corporation has stated that once the new facility is up and running, these temporary frac tanks and many of the cylinder tanks currently located at the Circle B 116 location will be removed and final restoration of the Circle 13 #6 site can then be achieved. According to representatives of Bill Barrett Corporation, the only facilities to remain at the Circle B #6 location are those cylinder tanks (production tanks) that receive production fluids from the wells located on the Circle B #6 pad. I have also been informed by representatives of Bill Barrett Corporation that once the new facility is installed at the Circle B #4 location and it is up and running, the night-time lighting currently used at the Circle B #6 facility will be decommissioned. I appreciate 13111Barrett Corporation's efforts to accommodate my view shed concerns. It is my understanding that enclosing the water in steel tanks also offers a long term solution to wildlife habitat and potential odor concerns. I want to thank Bill Barrett Corporation for implementing a solution that reduces truck traffic, dust, odor and the use of fresh water, while minimizing the impact on the wildlife habitat and the view shed. This area is a major wildlife corridor that will feel relief from less activity. Again, in consideration of the accommodations agreed to by 13111 Barrett Corporation and the benefits offered by the relocation of this facility, I support this application and urge your approval in order that Bill Barrett Corporation may complete the relocation process as soon as possible. You may enter this letter into the record for the captioned appllcation. Sincerely, Donald G. Price Ce: Garfield County Building and Planning Deparhnent 108 8111 Street, Suite 401 Glenwood Springs, CO 81601 Cc: Bill Barrett Corporation 112 Redfeather Trail Silt, CO 81652 2 Proposed Circle B Timeline BBC retracted its proposed expansion of the existing original Circle B #6 (CB6) pit due to concerns expressed by Don Price and Aspen Valley Land Trust. The following steps have been taken since that time: - Drained the original CB #6 pit and removed the liner Obtained samples from bottom of CB6 pit Moved in 13-500 bagel (BBL) frac tanks for temporal.), supplemental reclaim storage Reclaimed CB6 pit, including recontouring, reseeding and State of Colorado required stonn water controls The skim oil facility, consisting of an additional 18-500 bbl frac tanks, has been removed Currently remaining on the CB#6 location are the following facilities: • Production tanks, consisting of 2-250 bbl tanks and 8-200 bbl tanks (low profile) Water `polishing' facility, consisting of 2-400 bbl skim tanks and 2-300 bbl oil tanks • Oil reclaim tanks, 3-400 bbl tanks • Water storage tanks, 13-500 bbl frac tanks Following approval of the Circle B #4 Limited Impact Review Application the following will occur: All tanks, with the exception of the ten production tanks described above will be removed from the CB #6 pad Lighting facilities will be taken out of service Truck traffic will be reduced to only the required pumpers' vehicles (pickup trucks) and oil haulers 3 O\OLSSON ASSOCIATES May 26, 2009 Aillithaalabk CORDILLERAN Garfield County Building & Planning Department Attention: Dustin Dunbar 0375 CR 352 Building 2060 Rifle, CO, 81650 a a 1 EXHIBIT 0 Subject: Response to Comments Received on Limited Impact Review Application for Bill Barrett Corporation Circle B #4 Water Storage Facility Dear Ms. Dunbar: On behalf of Bill Barrett Corporation (BBC), this letter transmits responses to the comments on the subject application that were provided by you via email on April 24, 2009. The responses provided below are organized by the agency/person that provided the comments. John Niewoenher, Garfield County Building & Planning Department 1. The expansion of the existing well pad to accommodate this facility is addressed in an Application for Permit to Drill (APD) submitted to the COGCC for the Circle B Land 33A- 35-692 SWD well. As such, financial assurance will be posted with the COGCC for reclamation of this location. 2. All existing pipelines connecting to this location did not meet Garfield County's threshold for permitting via the Pipeline Development Plan process and were constructed under the agricultural lands exemption that previously existed in the grading permit process. BBC is aware of the requirements for both processes and will comply, as applicable, for future pipeline projects. Jake Mall, Garfield County Road & Bridge 1. BBC agrees with the comments provided by Mr. Mall, with the exception of the comment regarding placing a 3 -inch overlay on CR 326 (Chipperfield Lane). BBC has executed a cost-sharing agreement with Garfield County Road and Bridge for placing a 2 -inch overlay on CR 326, and a copy of that agreement is provided in Attachment A. Jim Rada, Garfield County Public Health 1. This location is serviced by 3-phase electrical power; therefore, no generators will be required for lighting. BBC will install lighting sufficient for safe operation of the site and all lighting will be oriented so that it projects downward and toward the interior of the site to minimize impact on adjacent properties. 2. A minimum of one portable toilet will be provided at the site. 3. As noted above, the expansion of the existing well pad has been addressed in an APD submitted to the COGCC. 519R 911/, Rnarl TPI a7fl 7R4 7Rflfl Dustin Dunbar May 26, 2009 Page 2 4. The reserve pit on the location will be utilized for the drilling of the Circle B Land 33A-35- 692 SWD well. This pit will be constructed, operated and reclaimed in accordance with COGCC requirements. Steve Anthony, Garfield County Vegetation Management 1. BBC staff has been in contact with Mr. Anthony regarding options for dealing with the Russian knapweed noted in his comments. BBC and Mr. Anthony have agreed that BBC will conduct various weed mitigation measures but that the wash station requested by Mr. Anthony will not be required (see Attachment B). 2. As noted above, this location will be the subject of financial assurance provided to the COGCC. 3. BBC completed an on-site inspection with Mr. Anthony on May 9, 2009. 4. Application records for any weed treatment agreed to by BBC and Mr. Anthony will be provided to the Garfield County Vegetation Management Office. 5. BBC will provide all seed tags to the Garfield County Vegetation Management Office for verification that the appropriate seed mix has been used. Dustin Dunbar, Garfield County Building & Planning 1. In regards to questions about the number of wells to be serviced by this facility and the impact to traffic for this facility, the primary purpose of the Circle B #4 Water Storage Facility is to reduce truck traffic by utilizing our pipeline network to transfer water to this facility for purposes of storage and disposal of water produced from BBC's natural gas wells. BBC currently has just over 400 producing natural gas wells in the Piceance field. The produced water from these natural gas wells are piped and where necessary, trucked to BBC's existing disposal wells. There is no way to accurately anticipate the exact number of wells servicing any individual water storage or disposal well as BBC has the ability to pipe or truck water from any well to each location as is appropriate for our operations at that time. However, all future natural gas wells coming online in the vicinity of the Circle B #4 Water Storage Facility will be connected into the pipeline network. Thus no additional truck traffic will be necessary during the life span of the Circle B #4 Water Storage Facility. The Basic Traffic Analysis, dated January 2009 which was included in the Circle B #4 Water Storage Facility Limited Impact Review Application states the average and maximum trips/day anticipated for this facility in its lifecycle and that number will not change with new wells on the system. 2. As noted above, no generators will be required to power lights for this facility. 3. As noted above, the reserve pit will be utilized for the drilling and completion of the Circle B Land 33A-35-692 SWD well. It is estimated that drilling of this well will take approximately 15 days and completion of the will take approximately 20-30 days. The pit will be constructed, operated and reclaimed in accordance with COGCC requirements. 4. All tanks will be labeled in accordance with COGCC requirements. 826 211A Road TEL 970.263.7800 Grand Junction, CO 81505 FAX 970.263.7456 www.oaconsultinq.com Dustin Dunbar May 26, 2009 Page 3 Orrin D. Moon, Burning Mountains Fire Protection District 1. As applicable, BBC will obtain an annual permit for the storage of hazardous materials. 2. BBC has provided a list of emergency contacts to the Fire District and will update that list whenever contacts are changed (Attachment C). 3. BBC has provided an emergency response plan for this facility to the Fire District (Attachment C). 4. Topographic maps of the site with access routes have been provided to the Fire District to facilitate response (Attachment C). As discussed below, the site has been designed so that all potential spills will be contained so there is no spill area that can be identified on maps. 5. As discussed in the LIR application and the addendum to the application that was provided to Garfield County on March 23, 2009, a number of features have been incorporated into this facility to contain any potential spills that may occur. As outlined in the following excerpt from the March 23 addendum, the containment provided at this facility far exceeds all Federal and State requirements: As shown on the diagram contained in the Spill Prevention, Control and Countermeasures (SPCC) Plan included in the LIR application, the entire tank battery will be underlain with a synthetic liner and surrounded by a steel containment ring. This containment system provides for 16,520 barrels (bbl; 693,840 gallons) of containment in the event of a leak. Federal SPCC requirements generally only require that secondary containment be provided for the working capacity of the largest tank within the containment. In this event, the proposed containment is in excess of 25 times that required by SPCC regulations. In addition, the tank battery is designed so that each tank is equipped with a check valve that will prevent that tank from emptying in the event another tank in the battery leaks and the entire system will be monitored remotely so that leaks can be responded to promptly. An earthen berm will also be constructed along the northern perimeter of the location to provide additional protection to the Multa-Trina Ditch. Debbie Guccini 1. The notification to adjacent landowners was mailed to Toby and Debbie Guccini at the physical address for their property indicated in the Garfield County Assessor's records. During a conversation with Mr. Guccini on April 24, 2009, BBC personnel discovered that the Guccini's do not receive mail at this address and immediately emailed a copy of the public notice to the Guccini's. Alf adjacent landowners were invited to a public meeting with BBC representatives on April 29, 2009 to discuss the project. All adjacent landowners were appropriately notified by certified mail of the date change to June 1, 2009 for the Garfield County hearing. 826 21% Road TEL 970.263.7800 Grand Junction, CO 81505 FAX 970.263.7456 www.oaconsultinq.com Dustin Dunbar May 26, 2009 Page 4 If you have any questions regarding the responses detailed above or require additional information, please do not hesitate to contact me at 970-263-7800. Sincerely, foulennison Attachment A — Cost -Sharing Agreement with Garfield County Road & Bridge Attachment B — Weed Management Commitment Attachment C — Letter to Burning Mountains Fire Protection District 826 21% Road TEL 970.263.7800 Grand Junction, CO 81505 FAX 970.263.7456 www.oaconsultinq.com ATTACHMENT A May 14, 2009 Bill Barrett Corporation Garfield County Road and Bridge Department P.O. Box 426 Rifle, Colorado 81650 Attn: Mr. Jake Mall Re: Cost Sharing Agreement Paving Project - Chipperfield Lane Dear Jake: The purpose of this Letter Agreement is to set forth our mutual understanding as to a cost sharing arrangement between Bill Barrett Corporation ("BBC") and Garfield County Road and Bridge Department ("GarCo") pertaining to plans to repair and resurface Chipperfield Lane from the intersection of CR 331 to the gate located in front of the Guccini house in the NE/4 NE/4 of Section 35, T6S-R92W, BBC is prepared to contribute up to $200,000 toward this paving project, subject to the terms and conditions of this Letter Agreement. Garfield County Road and Bridge Department ("GarCo") has advised that it has obtained the following two proposals from Frontier Paving, Inc, pertaining to the repair and resurfacing of Chipperfield Lane (copy or proposals attached): Proposal #1: Fill pot holes and repair two failed areas $11,342.58 Proposal #2: Finish and install 2" overlay on road and shoulders $182,104.80 Total $193,447,38 GarCo has indicated that it is prepared to accept these two proposals, provided a cost sharing agreement can be reached with BBC. BBC agrees to contribute funds toward the completion of this paving project, subject to the terms and conditions set forth below: 1. GarCo agrees supervise these projects to insure that they are completed in accordance with normal and customary county standards and specifications. Also, in consideration of the fact that BBC has agreed to bear substantially all of the cost of this paving project, GarCo shall be responsible for all subsequent maintenance and repairs. 1099 18TH STREET SUITE 2300 DENVER, CO 80202 P 303.293.9100 F 303.291.0420 Cost Sharing Agreement Mr. Jake Mail May 14, 2009 2. GarCo agrees to arrange for Frontier to improve the intersection of Chipperfield Lane and the Community Road (at SE Corner of NWNE of Section 35, T6S-R92W) by installing an apron approximately 50 - 75 feet in length on the Community Road to provide structural integrity at the joinder of these two roads and facilitate the turning of trucks at this intersection. 3. GarCo agrees to arrange for Frontier to improve the structural integrity of the road at the culvert/ditch crossing under Chipperfield Lane near the Dahlin driveway. This area has been subject to constant "freeze -thaw cycles during winter conditions and traffic has had to veer around this damaged area, which could create a safety concern with on -corning traffic. 4. BBC will contribute $193,500 toward the paving project referenced in this Letter Agreement. Said funds shall be delivered to GarCo upon mutual execution of this letter and verification of the joint acceptance of the two attached proposals by GarCo and Frontier, In the event of cost overruns, BBC agrees to bear up to an additional $6,500 for a total financial investment in the project of $200,000. All additional cost overrun funds shall be borne solely by GarCo. 5. GarCo shall have 60 days from acceptance of this Letter Agreement to commence this paving project or refund to BBC the funds advanced by BBC. If this Letter Agreement correctly sets forth our mutual understanding as to the terms of our cost sharing agreement, please return to BBC a copy of this Letter Agreement executed by the County Road and Bridge Department at the space provided below, Sincerely, -7--- 244.--j/\ untington T. Walker Senior Vice President, Land ACCEPTED AND AGREED TO THIS DAY OF MAY, 2009: Garfield County Road and Bridge Department By: Print name and title ATTACHMENT B Bill Barrett Corporation \lam 31. 2009 \lr. Ste e :\nth,.)m (i r llcl(I Count\ Vegetation \;image' PO 13ex 426 Rifle. CO 81650 BL` Bill Barrett (urpnrii,ion SecObn 35 Circle B Proper!). 11 t'erl A9ili{uJiar ('uruntilmcni Dear t\ir..-\nlhnn\: 13111 Ba;ieil (orp,'naninn (1313( o\\ Rs appm>.hmalch 270 acres in Se211n11 $5. .hrnnship 6 south R.igc 92 \\ e1/4,1 in (arlield Count. Colorado. 131W has applied For a county Limited Impart Re' iev' Permit lilt lilt: ('isle 13t, -I \\ater storage li1(ilii\ on a h,,rlion of this property. -this letter is to confirm the results of Alin 9. 2009 meeting with )uu and subsequent con\crsations regarding apprnpri;dc \\ ye(' assessment and mitigation at the Geste 13 r..l lacilia as \\eII as the entire (ircle li platen) conticuous to this location. As discussed. 1313( \\ ill commit u, a minimum Iv iae a'cut vteed mitigation treatment of the Section 35 Circle B properly 1313(' \\ ill hair seed mitigation contractors protide an assessment of deeds and areas treated and treatments applied Iu the infield ( (3unly Vecetaiion orrice. In the near term. 1313( "a 511 rn1111)lele Ircalnunl of (hicl.oree \\ reds al and immcdiatel\ adjacent to the (irele 13 0=-I site prior to June 15. 2(109. .1 hank you for v ow consideration and iusistatuc on this issue. Please call me al 303-312-8191 or email at cJunuru 0 BillTh0ic10'0n1) cow haw any questions or concerns. Sincerer. BB" B,urrr:rr Currrurrlr)u.v Scot :A.l)nuno.P.G. \lanugo. I.m ironmenlal 1lcnith k Safi I ,,, ti\:, r)a 1099 IBI H S FPE`. 1 S E ,: c..o IFi:VER CO 80202 P :;09 293 9100 F 303 91 042(. ATTACHMENT C May 18, 2009 Bill Barrett Corporation Burning Mountains Fire Protection District Attention: Orrin D. Moon PO Box 2 Silt, CO 81652 Subject: Materials Requested in Comments on Circle B #4 Water Storage Facility Dear Mr. Moon: In response to the comments provided to the Garfield County Building and Planning Department on the subject facility, Bill Barrett Corporation (BBC) is hereby providing the information you requested. The information provided with this letter includes the following: 1. A list of emergency contacts for BBC's operations in the Silt area. 2. An Emergency Response Plan for BBC's operations. 3. Fifteen (15) copies of a topographic map showing the emergency access route to this facility. This map does not identify a potential spill area because the facility has been designed to contain all spills within the facility's boundaries. If you require additional information, please feel free to contact me at (303) 312-8168. Sincerely, /at( 75eev -1 Matt Barber Permit Analyst Bill Barrett Corporation Enclosure 1099 18TH STREET SUITE 2300 DENVER. CO 80202 P 303.293 9100 F 303 291 0420 EMERGENCY PERSONNEL CONTACT SHEET 24 hr ER Line Monty Shed Cell Jesse Merry Cell Bill Barrett Corp. Silt Office Shane Collett Cell Terry Dewey Cell Jim Bailey Cell Aaron Axelson Cell Jim DeShields Cell Ken Peterson Cell Lee Simpson Cell David Pennington Cell Colby Collett Cell Ron Lucket Cell Dylon Allgood Cell John Mikesell Cell Billy Vincent Cell Cody Truesdell Cell Jeff King Cell Mark Van Noy Cell Wayne Praytor Cell Scot Donato Peg Young Emergency 800-921-8252 307-262-1511 970-230-0436 Office Cell Office Cell EMERGENCY NUMBERS Dispatch — Sheriff, Rifle & Silt Fire (controlled burns) Garfield County Sheriff Colorado State Patrol Rifle Police Dept. Silt Police Dept. Rifle Fire Protection Silt Fire Protection Grand River Medical Center Office 970-230-0464 970-366-2255 970-319-9944 970-230-0926 970-230-0927 970-230-1152 970-319-9945 970-230-0435 970-230-0925 970-230-0439 970-230-0404 970-319-2390 970-319-1907 970-230-0869 970-230-1154 970-230-0075 970-309-9537 303-312-8191 303-549-7739 303-3128120 303-325-4968 Area Superintendent Field Superintendent Production Construction Construction Lease Operator Lease Operator Lease Operator Lease Operator Lease Operator Lease Operator Lease Operator Lease Operator Roustabout Roustabout ComprOperator ComprOperator ComprOperator ComprOperator EHS Manager EHS Coord. 911 970-625-0895 970-945-0453 970-945-6198 970-625-2331 970-876-2735 970-625-1243 970-876-5738 970-625-1510 SPILL RESPONSE _& REGULATORY AGENCIES Scot Donato Cordilleran Ken Kreie (remed) COGCC CDPHE National Response Center GarCo Oil & Gas Rep. Public Water Systems Silt Colorado Water/Wastewater Plant P.O. Box 70 Silt, Colorado 81652 Phone: 970-876-2353 303-312-8191 970-263-7800 970-285-9000 303-756-4455 800-424-8802 970-625-5691 303-549-7739 970-250-2440 970-309-5441 City of Rifle, Colorado - Water 202RailroadAve. Rifle,CO 81650 (970)625-6227 Bill Barrett Corporation EMERGENCY RESPONSE - MANAGEMENT PLAN 1099 18th Street, Suite 2300 Denver, CO 80202 August 2008 Table of Contents I. Introduction Support 11. Injury / Illness Alert Procedure 111. Spill Procedure IV. Other Incidents V. Emergency Levels VI. Communication / Evidence VII. HAZWOPER VIII. H2S Contingency Plan (if applicable) IX. General Telephone Numbers, Including Area Specific Telephone Numbers -Including Hospital and Emergency Responders I. Introduction Serious incident situations, unless properly controlled, can result in loss of life and damage to public or private property. Situations resulting from spills can generate complex technical, legal and public relations problems. It cannot be overemphasized that the best way to handle emergency situations is to prevent their occurrence. This Plan is designed to help Bill Barrett Corporation (BBC) respond quickly and effectively to the problems presented by serious incidents when they do occur. The Plan's primary goal is to help the company prevent, as far as practical, any loss of life or damage to property, wildlife, or the ecology. Within this Response Plan you will find descriptions of the duties that must be accomplished when a serious incident occurs. It provides personnel with procedures for handling such incidents effectively. The Plan is prepared: 1. To serve as the basis for an organized action plan in dealing with emergencies and spills of all magnitudes. 2. To spell out responsibility, priority and importance in countering an emergency situation or major spill. 3. To provide information on the means of handling serious incidents and identify the organizations that are involved. 4. To tabulate the personnel and agencies that must be notified. Prompt action is mandatory. For this reason, the content of this Plan must be understood by the persons who may have need of it. All involved employees should be informed to take quick action to protect life and property and to immediately report the incident. The plan will require modification from time to time, as personnel change, as technologies advance, and as experience indicates improvements. The plan is to be reviewed annually by the EH&S staff to assure that it is up to date. This plan is not intended to replace existing Spill Prevention Control & Countermeasures (SPCC) Plans or other required Plans, but rather its purpose is to be a supplement providing general guidelines for emergency situations. Bill Barrett Corporation Incident Leader Appropriate VP and Emergency Response (ER) Facilitator EH&S On Site Incident Leader Operations Field Operations Legal Logistics Communications Security Finance EH&S Human Resources Note: Depending on the nature of the incident, multiple roles may be provided by one person. RESPONSE TEAM INCIDENT LEADER 1. Calls meeting of appropriate members to evaluate the incident. 2. Develops plan of action in conjunction with Team members. 3. Designates Field Response Team. 4. Implements Response Plan through delegation to appropriate members. 5. Monitors progress and ensures appropriate support activity. 6. Notifies Senior Vice President and EH&S Manager. ON-SITE INCIDENT LEADER 1. Leads Field Response Team and designates members and responsibilities. 2. Reports serious incident/spill to Incident Leader. 3. Preserves evidence at site. 4. Coordinates and directs contractor efforts. 5. Direct engineering efforts and acts in advisory capacity. 6. Sets priorities for onsite activities. 7. Keeps Incident Leader informed of status of operations. 8. Documents activities and personnel at incident site. 9. Coordinates efforts with other operational functions. FIELD OPERATIONS 1. Provides relief for the Field Superintendent. 2. Operations Support Technician may provide specific area EHS Technical Support and information. 3. Assists in non -associated daily operations. OPERATIONS 1. Establishes communications. 2. Ensures provisions for incident security. a. Incident site b. Field operations site c. Command center d. Staging areas e. Warehouses f. Other facilities as necessary 3. For contractor personnel injuries or fatalities, initiates and maintains contact with their employer in coordination with EH&S. 4. Claims and Right -of -Way Representative: (a) Responds to damage claims and obtains access and right-of-ways as necessary. 5. Operations Engineering: (a) Provides engineering support as needed. 6. Documentation Coordination: (a) Provides additional secretarial support as needed. (b) Collects and maintains incident information from all team members as appropriate. LOGISTICS 1. Schedules and provides for support needs to the response effort. 2. Alerts major service contractors of incident and activities as necessary to support needs. SECURITY 1. Establishes procedure to ensure authorized personnel vehicles access to secured facilities. 2. Arranges for security. 3. Coordinates security operations with local law enforcement and other government security agencies. 4. Maintains a record of all visitors to secured facilities. 5. Coordinates with EH&S and Legal Departments as appropriate. EH&S - Incidents 1. Investigates incident as appropriate. 2. Provides health and safety guidance to on-site employees. 3. For contractor personnel injuries or fatalities, initiates and maintains contact with their employer in coordination with Operations. 4. Develops a Site Safety Plan as necessary. 5. Provides necessary regulatory reporting. 6. Acts as liaison with regulatory agencies and Legal Dept.. 7. Coordinates operations conducted by Federal, State, Local agencies and contractors. 8. Prepares initial reports to agencies as required. 9. Advises the Incident Leader and Team of regulatory considerations. EH&S - Spills 1. Oversees all spill clean-up activities and implementing the overall clean-up strategy. Field personnel may direct actual onsite activities with coordination with EH&S. 2. Decides initial start-up strategy. 3. Obtains weather information as necessary. 4. Develops recommendations and plans with field personnel as necessary for keeping spilled materials away from sensitive areas. 5. Assists field personnel with availability of clean-up equipment and logistics. 6. Assists field personnel with transportation resources available. 7. Initiates Federal, State, and Local agency notifications. LEGAL 1. Review potential legal consequences. 2. Alert and instruct Incident Leader(s) of potential legal consequences. 3. Alert Senior Vice -President of potential legal consequences. 4. Work with Human Resources, EH&S and Operations on incident issues. 5. Notify insurance carriers as appropriate. HUMAN RESOURCES 1. In the event of personal injuries or fatalities with consultation from the Legal Department as appropriate: (a) For BBC employee, initiates and maintains family contact. (b) Maintains whereabouts and condition of injured personnel. FINANCE 1. Establishes necessary controls to validate labor, equipment, materials, consumables, etc. chargeable to the response. 2. Handles insurance filings. 3. Provides effective accounting, cost control, and office support functions for the response operations. ($1) Bill Barrett Corporation Emergency Response Incident Notification Procedure SPILL TAKE NECESSARY STEPS TO SAFELY STOP SPILL SOURCE AND/OR PREVENT FURTHER MIGRATION OF SPILL CONTACT ADDITIONAL SERVICES TO RESPOND AS NECESSARY SECURE SITE Employee (First Onsite or First Made Aware of Incident) NOTIFY AREA SUPERINTENDENT OR DRILLING FOREMAN AS APPLICABLE AREA SUPERINTENDENT OR DRILLING FOREMAN (AS APPLICABLE) NOTIFY EH&S PERSONNEL AND TEAM LEADER OBTAIN ADDITIONAL INCIDENT INFORMATION AND PROVIDE INSTRUCTIONS TO ONSITE PERSONNEL AS QUALIFIED NOTIFY APPROPRIATE TEAM MEMBERS AND SENIOR MGT PERSONNEL DEPENDING ON INCIDENT LEVEL (1, 2, or 3) SEE INCIDENT LEVEL DEFINITIONS BELOW WORK WITH TEAM MEMBERS AND EH&S TO REMEDY INCIDENT SERIOUS ACCIDENT, INJURY OR ILLNESS SAFELY ADMINISTER AID AS QUALIFIED AND CALL OR ASSIGN PERSONNEL TO CALL EMERGENCY SERVICES EH&S NOTIFIES LEGAL DEPT. AND REGULATORY AGENCIES AS APPROPRIATE TEAM LEADER ENSURE THAT EMERGENCY SERVICES HAVE BEEN CONTACTED AND HAVE INCIDENT AND LOCATION INFO. SECURE SITE 1 NOTIFY EH&S PERSONNEL AND TEAM LEADER OBTAIN ADDITIONAL INCIDENT INFORMATION AND PROVIDE INSTRUCTIONS TO ONSITE PERSONNEL AS QUALIFIED NOTIFY APPROPRIATE TEAM MEMBERS AND SENIOR MGT PERSONNEL DEPENDING ON INCIDENT LEVEL (1, 2, or 3) SEE INCIDENT LEVEL DEFINITIONS BELOW WORK WITH TEAM MEMBERS AND EH&S TO REMEDY INCIDENT II. Injury/Illness Alert Procedure 1. The employee at the scene who is most qualified to do so will render first aid or assistance and assign personnel to call emergency services and notify the Area Foreman/Superintendent. 2. The Area Foreman/Superintendent will obtain details of the incident, assure that emergency services have been called, notify the Team Leader and EH&S Manager and direct further on-site activities. Notification will include, at a minimum, the following: • Date and time of incident. • Location of incident (with directions to site). • Description of incident and nature of injuries. • Location where injured employee was moved to. • Identity of emergency services present at site. • Other considerations (media attention, regulatory agencies at site, etc.) 3. The Team Leader will notify the appropriate Senior Management personnel and Response Team members. 4. The EH&S Manager will notify appropriate regulatory agencies and the Legal Department. If the EH&S Manager is unavailable, the Response Team person in charge of the incident will refer the reporting responsibility to the Legal Department. 5. If necessary, the Incident Leader will call a meeting of other appropriate members to assess the size and circumstances of the incident and develop a plan of action. 6. The Area Superintendent or his designee will act as on -scene coordinator, with action by Response Team members directed by the Team person in charge of the incident. See Section V for emergency level guidance. • In the event that any of the above mentioned persons are unavailable, the normal next step in the chain of command should be contacted. Bill Barrett Corporation INTERNAL INCIDENT REPORT -SERIOUS INJURY OR ILLNESS CALLER INFORMATION Name: Location: Phone: INCIDENT Date: Time: a.m./p.m. Segment Lease Directions from Nearest Town: Person in charge at the scene: DESCRIPTION What happened: PROPERTY DAMAGE/AREA AFFECTED Describe: INJURIES/ILLNESS Name (& Company if Contractor) Extent of Injury Hospital Taken To STATUS Action Taken: Authorities Notified or at Site: Media Attention/Name: DOCUMENTATION Person Receiving CaII: Persons Notified: Date: Time: a.m./p.m. Date: Time: Date: Time: Date: Time: a.m./p.m. a.m./p.m. a.m./p.m. Bill Barrett Corporation SUPERVISOR'S REPORT OF INCIDENT (SRI) Use this form to report all on the job injuries or illnesse experienced by employees, contractors or visitors. Incidents involving serious injury or illness should be reported by telephone to EH&S Dept. immediately. INCIDENT DESCRIPTION • Employee • Visitor • Contractor • Other CASE NUMBER 1. LOCATION Organizational/Facility/Department Address Phone Number IDENTIFICATION Name Social Security Number Date of Birth Sex • ■F M Regular Job Title Years on this Job Classification Hire Date REPORTED TO SUPERVISOR Date Time • • AM PM Name/Title of Person Taking Report Signature DRUG/ALCOHOL TESTING Date Time ■ • AM PM Reason if NOT Tested 2. INDIVIDUAL'S STATEMENT (When, how, where, what) SIGNATURE DATE 3, ONSET OF SYMPTOMS, ACCIDENTS, INJURY , OR EXPOSURE Date Time • • AM PM Location On ■ Work Premises? YES • NO Witnesses Time Shift Started Equipment, Object, or Substance Involved Body Parts Affected Work Activity Immediate Supervisor at Time of Onset 4. CATEGORIZATION PART B - Update any information that has changed since Part A Submitted Was a medical procedure performed (stitches, splinting, foreign body removal?) Yes • No • Did the individual die? No If yes, give date _ • Yes • Did X-rays or dislocation? Yes ■ indicate a crack, fracture, No ■ Did individual lose consciousness? • Yes 1 No Was prescription (more than Yes ■ medication given? a single dose?) No ■ Was individual's work modified or schedule changed? If yes, estimate total days • Yes ■ No Were there Yes • If Yes, indicate burns with blisters or loss of skin? No size • Was individual absent the next scheduled shift or subsequently? ❑ Yes If yes, estimate total days _ ■ No Was repeated whirlpool, Yes ■ therapy with hot packs, cold packs, or other physical therapy given? No ■ Management Signature 5. PERSON COMPLETING THIS SECTION Date Phone Number Name/Position Signature III. SPILL ALERT PROCEDURE 1. The employee discovering the spill (or first at the spill site) will: A. Take actions to safely stop the release, contain it to the location, and prevent the spill from reaching surface water. B. Notify the Area Foreman/Superintendent and the EH&S Dept., giving details of estimated volume spilled, status of discharge, and other details that will facilitate response and clean-up. 2. The Area Foreman will: A. Mobilize material, equipment, and manpower to stop, contain, and clean up the discharge of the spill. B. Report spill to the Team Leader and EH&S Dept. (if EH&S not already notified). 3. The Team Leader will notify the Senior Management personnel and appropriate Response Team members. 4. EH&S will: A. Notify appropriate regulatory agencies and Legal Dept. B. Complete the appropriate incident reports. C. Provide remediation guidance. If EH&S is unavailable, the Response Team person in charge of the incident will notify the Legal Dept. for regulatory agency notifications. 5. If necessary, the Incident Leader will call a meeting of other appropriate members to assess the size and circumstances of the incident and develop a plan of action. 6. The Area Superintendent or his designee will act as on -scene coordinator, with action by Response Team members directed by the Team person in charge of the incident. * See Section V for emergency level guidance. Notes: a. For guidance of the proper handling and disposal of wastes, contact EH&S Dept. b. In the event that any of the above mentioned persons are unavailable, the normal next step in the chain of command should be contacted. c. All spills (crude oil, condensate, produced water, hazardous chemicals or E&P waste) > one barrel or any volume that affect surface water or ground water need to be reported to the Area Foreman and EH&S Dept. immediately. d. What is "surface water (Navigable Waters")? In addition to ponds, lakes, streams, and rivers, "surface water (or navigable waters)" can be defined as dry ditches, irrigation canals, wetlands, sloughs, and any other natural or man-made surface feature that contains water at least part of the time. e. No smoking shall be permitted within a minimum of 150 feet of free product, condensate or sources of natural gas. See Section V for emergency level guidance. Bill Barrett Corporation INTERNAL SPILL REPORT Location (Well, Sec., Twn, Rng, County) Date/Time SpiII Discovered & Reported to Supervisor Person Who Discovered and is Reporting SpiII Quantity Spilled (BBLs or Gallons) Produced Water Methanol Other (Describe) Quantity Recovered (BBLs or Gallons) Produced Water Methanol Other (Describe) What was the source and cause of the spill? How was the problem fixed? Was there a fire or explosion? What distance and direction did spill travel? Did the spill leave the well pad or tank battery? Describe, including a diagram on the back side of this form. Did the spill reach any natural or man-made surface water (navigable water) feature? Describe, including notation of any oil or sheen on water. Were regulatory or emergency officials notified? If so, who was contacted, by whom, and at what time? Describe actions taken, using the back of this form, if necessary. SPILLS NOTIFICATIONS The EH&S Dept. reports, as necessary, to the appropriate Government Agencies and obtains services from selected Contractors. REGULATORY AGENCIES OFFICE MOBILE OTHER WOGCC 307-234-7147 WDEQ-WQDIAQD 307-777-7781/7391 WY-BLM 307-261-7600 UDOGM 801-538-5340 UDEQ-WQD/AQD 801-536-4100/4000 UT-BLM (435) 636-3600 (970) 270-3305m CO-BLM=970-947-2800 COGCC 303-894-2100 CDPHE 877-518-5608 Garfield County 08,G Liason 970- 625-07790 (970) 309-5441m ND-IC/OGD 701-328-8020 NDDEH-EHS 701-328-5210 ND-BLM 701-225-9148 MT-BLM 406-232-7000 MT -OG 406-656-0040 MT-WQD 406-444-6911 National Reporting Center (NRC) 800-424-8802 EPA Region VIII 800-277-8917 CONTRACTORS OFFICE MOBILE OTHER Buys & Assoc. (Envir) 303-781-8211 303-809-2427 Chenoweth & Assoc. (reclamation) 303-833-1986 Cordilleran (Envir)-Ken Kreie 970- 263-7800 (970) 270-3305m Custom Envir Svcs (24hr-ER) 303-423-9949 800-310-7445 (24 hr) EIS -Mel Coonrod (Envir, Reclam) 800-641-2927 BLM: UNDESIRABLE EVENT REPORTING REQUIREMENTS Major Events: Must be reported orally to the appropriate District Engineer as soon as practical but within a maximum of 24 hours. A written report must be submitted within 15 days. A. Oil, saltwater, and hazardous material spills or any combination thereof, which result in the discharge (spilling) of 100 or more barrels of liquid. B. Equipment failures or other accidents which result in the venting of 500 MCF or more of gas. C. Any fire which consumes the volumes specified in A and B above. D. Any spill, venting, or fire, regardless of the volume involved, which occurs in a sensitive area, e.g., parks, recreation sites, wildlife refuges, lakes, reservoirs, streams, and urban or suburban areas. E. Each accident which involves a fatal injury. F. Every blowout (loss of control of any well) that occurs. Other -Than -Major Events Written report must be submitted within 15 days. A. Oil, saltwater, and toxic liquid spills, or any combination thereof, which result in the discharge (spilling) of at least 10 but less than 100 barrels of liquid in non -sensitive areas. B. Equipment failures or other accidents which result in the venting of at least 50 but less than 500 MCF of gas in non -sensitive areas. C. Any fire which consumes volumes in the ranges specified in A and B above. D. Each accident involving a major or life-threatening injury. Spills or discharges in non -sensitive area involving less than 10 barrels of liquid or 50 MCF of gas do not require an oral or written report; however, the volumes discharged or vented as a result of all such minor incidents must be reported on the Monthly Report of Operations (Form 9-329). The Volume and value of such losses must also be reported in the Monthly Report of Sales and Royalty (Form 9-361). IV. Other Serious Incidents • Damage to company, contractor or general public property • Fires and Explosions • Business Interruption/Civil Disturbance • Government inspection with civil or criminal sanctions • Adverse publicity and media attention • Well blow out • Security Incident / Bomb Threat • Gaseous releases of hazardous materials • Severe Weather 1. The employee first aware of the incident or who is first on the scene will render assistance if necessary or call for emergency services if appropriate. Steps should then be taken to correct the problem or reduce the spread or magnitude of the situation only if it is safe to do so. The employee will then notify the Superintendent/Area Foreman. 2. The Superintendent/Area Foreman will obtain details of the incident, notify the Team Leader and EH&S Dept. and direct further on-site activities. Notification will consist of appropriate information to adequately convey the nature, size and circumstances of the incident and develop a plan of action. 3. The Team Leader will notify the Senior Management personnel and appropriate Response Team members. EH&S will notify the Legal Dept. 4. If necessary, the Incident Leader will call a meeting of other appropriate Team embers to assess the size and circumstances of the incident and develop a plan of action. 5. The Superintendent/Area Foreman and/or designee will act as on -scene coordinator(s), with action by Response Team members directed by the Team person in charge. * In the event that any of the above mentioned persons are unavailable, the normal next step in the chain of command should be contacted. * See Section V for emergency level guidance. 24 -Hour Reporting System In order to facilitate notification of staff functions, a 24-hour serious incident notification system is in place. The intent of the system is to provide for a timely and accurate notification of the staff divisions in the event of incidents which may put the Company at risk. It is designed to minimize the company's exposure and make sure all the necessary parties are informed. BBC CONTACT LIST OFFICE MOBILE HOME Fred Barrett — Pres/CEO 303-312-8108 303-887-5430 303-421-7780 - Patty Joe Jaggers-Pres /COO 303-312-8101 303-810-4875 303-617-9987 —Judy M. Scot Woodall -Sr. VP Operations 303-312-8181 303-957-6329 Kurt Reinecke-VP So. Ops 303-312-8113 303-884-2483 303-989-7190 - Lorraine Terry Barrett — VP No. Ops 303-312-8110 303-881-1011 303-423-9785 -Sharon Peter Moreland —YellowJacket Lead 303-312-8141 Hollis Bairrington-COLO Team Lead 303-312-8179 303-345-1299 303-439-0122 - Sandi Greg Hinds —UT Team Lead Tracy Galloway—WY-PRB Team Lead Francis Barron —General Counsel -Legal 303-312-8515 303-520-7411 303-756-6335 - Tamara I)tiane Zavadil-VP Regulatory 303-312-8128 303 638.1265 303 660-1145 -Glenda Scot Donato -Mgr EH&S 303-312-8191 303-549-7739 303-733-0130 Peg Young-EHS Coordinator 303-312-8120 303-325-4968 Jim Felton — Public Relations 303-312-8103 303-881-0840 970-668-1624 - Janet Troy Schindler -Drilling Mgr 303-312-8156 303-249-8511 303-740-8507 - Kathryn Dominic Spencer-Drilling/Compl Coord. 303-312-8143 303-877-5236 303-216-1738 - Jesse Jay Bauer -Facilities 303-312-8115 303-324-6135 303-582-3263 - Jessica George Hartman -Construction Field 307-258-7901 Chris Bairrington-CO/ND/MT 303-312-8511 303-877-5239 303-450-3029 - Shana Monty Shed -COLO Supervisor (970) 876-1959 970-987-3826 24 HR=1-800- Jesse Merry -CO- (970) 876-1959 970-230-0436 Donny Sell —WY -CVG Supervisor 307-237-1522 307-262-4708 307-265-5064 Don Strom -WY -CVG 307-237-1522 307-258-6125 Mike Angus — UT Supervisor 435-725-3515 435-724-8016 Fred Goodrich -UT 435-725-3515 435-722-7243 435-722-4825-Charise lila Daniel-PRB Supervisor 307-685 4322x16 301•G80-976/ 307-682-2988 Paul McElvery-PRFs 307-685-4322x14 307-680-8664 307-685-4359 V. Emergency Levels Level 1 (Lowest Level): Incident which can be effectively managed within the region without activating the Emergency Response System. Notification to Sr. Vice President determined by the nature of the incident. 1. An incident without fire, recordable injuries, public involvement or adverse media involvement. 2. Spills to water equal to or less than reporting requirement. 3. An incidental release of a substance which can be absorbed, neutralized, or otherwise controlled at the time of a release by employees in the immediate area and that does not pose a potential safety or health hazard or threat to the environment and is not immediately reportable to any government agency. 4. Property Damage Less than $50,000. Emergency Levels (cont) Level 2 (Intermediate Level) Incidents which require notification to Sr. Vice President. Corporate notification determined by the nature of the incident. Emergency Response Teams may be activated depending on the nature of the incident. 1. Incidents involving recordable or serious injury to employees, dependents, contractors, or the public as a result of Company activities. 2. Any other incident or situation which may create a serious risk to life, property, or the environment. 3. Spills to water, releases, explosions, fires, or other incidents that are required to be immediately reported to any government agency. 4. Property Damage from $50,000 to $100,000. 5. Incidents that may expose the Company to significant liability whether employees are involved or not (e.g. vehicle accident). 6. Significant Notices of Violation, fines, penalties, administrative orders, etc., received from any government agency. 7. Fires which are controlled and immediately extinguished. 8. Any event that affects the public, or is likely to attract adverse media coverage. 9. Incidents that affect others which are a concern for the Company (e.g. helicopter, or facility incidents involving other operators) . 10. Natural Disasters. 11. Severe Weather Events. Emergency Levels (cont) Level 3 (Highest Level) Incidents which require notification to all levels of management. Emergency Response Teams may be activated depending on the nature of the incident. 1. Death or injury to any person which has a substantial risk of permanent disability or impairment. 2. Major spills, toxic gas releases, or other significant environmental damage. 3. Blowouts. 4. Fires not immediately controlled and extinguished. 5. Property damage greater than $100,000. 6. Incidents that have potential for national/international media coverage. 7. Incidents that could significantly impact the Company's cash flow and/ or financial performance. VI. Communication / Evidence It is important when an emergency is identified that notification to an employee's supervisor is made as soon as possible. It is mandatory that notices be given internally as soon as practical. Notification will follow the reporting hierarchy for BBC. The first person to identify the emergency will report it to his/her supervisor. If a person's supervisor cannot be immediately reached with the known contact (i.e. telephone numbers of home, office, portable phone, or pager) then the next person on the list must be notified. At each notification, instructions may be received to be implemented. Each person receiving notification then is responsible for contacting up the chain of command. Notification to regulatory authorities should be made only after discussion the situation with the Senior onsite BBC Supervisor. Communication Techniques 1. Communication must be through a two-way confirmed means. Use of messages on a voice recorder or answering machine does not constitute notification. A message may be left, but the next person up the chain of command must be contacted. 2. If a line is busy, advise the operator that you have an emergency and get the operator to interrupt the line. 3. Make sure the person you are communicating with understands you. This can be done by asking them to repeat key parts of your discussion. 4. If you are calling someone you do not frequently talk to, make sure you identify yourself and where you can be reached. 5. If working with a radio communication, call out the person you want to talk to followed by your name (E.G. "Kurt, this is Greg, do you read me?") Wait long enough for a response. The person may be away from the radio and may need some time to get back, 6. If calling by telephone, let the phone ring at least six times before hanging up. 7. Do not hesitate to call above your supervisor if your supervisor is unreachable. 8. Have relevant information available before starting notification. This does not mean a complete report of everything, but as a minimum the following: A. Location or facility and call back phone number B. Type of emergency. C. Time and date first noticed. D. Magnitude of emergency (e.g. size of fire or spill, number of people involved, injuries, if other properties or companies are involved). E. What you have done prior to making your notification. F. What your plans are in responding to the emergency. G. What are the weather conditions? H. What, if any, outside notifications have been made. I. What assistance you need. J. When you will call back with a subsequent report. Communication Equipment The primary means of communications will be by telephone and radio. Field operations that are Company operated will utilize two-way radio(s) communications and/or mobile telephones. Communications are designed to allow supervisors to be in contact with the Region office. Drillings rigs are usually equipped with either radio systems that communicate with the drilling contractor or mobile telephones. All drilling locations will have some means of two-way communications either onsite or within a 15 -minute drive (all types of weather). Communitv/Public Affairs Communication and public affairs are best handled by persons trained in dealing with the media. All media inquiries should be directed to the Regulatory/Public Relations and/or Legal Department unless specific direction is given by these groups to individual personnel. Estimates or speculations as to cause or size of the problem must never be made. Assume any camera or recorder in the area is ON at all times (it just may be). Encourage the media to speak with Public Relations or Legal Department personnel in the Denver office for any detailed information. Preserving the Evidence In the aftermath of a serious incident, it becomes necessary to investigate the incident in order to determine cause and corrective actions. Perhaps the most important aspect of this investigation is determining the facts, and as such, the preservation of the evidence is of great importance. With the assistance of personnel involved at the incident scene, the evidence can be preserved and a more beneficial investigation performed. The following are basic guidelines which should be followed: 1. Secure the Area Rope off or other control access into the incident site. Access by non - company personnel (including contractor personnel even if involved in the incident) is NOT allowed unless specific management approval has been obtained. The only exception being necessary access by emergency medical rescuers and fire fighters. 2. Preserve the Evidence As much as possible, don't disturb objects relating to the incident. If unavoidable, stake or mark its location and record what was there. Never allow evidence to leave the scene without approval. 3. Document the Evidence The Incident Leader is responsible for preserving all documentation until the investigator(s) arrive at the scene. 4. Identify Witnesses If persons who witnessed the incident cannot remain on the scene to be interviewed during the investigation, get their names and pertinent information so that they can be located later. VII. HAZWOPER INDEX • Introduction • HAZWOPER Plan Narrative A. Pre -Emergency Planning B. Personnel Roles and Line of Authority C. Evacuation, Safe Distances, and Places of Refuge D. Employee Safety During a Hazwoper Response E. Response Evaluation & Follow -Up HAZWOPER Introduction HAZWOPER stands for "Hazardous Waste Operations and Emergency Response". HAZWOPER is a regulation designed to establish a management plan for emergencies involving hazardous materials. It is applicable to oil field operations primarily through the regulations addressing emergency responses to hazardous substance releases. HAZWOPER defines an emergency response, or responding to emergencies, as a response effort by employees from outside the immediate release area or by other designated responders (e.g., local fire departments, mutual -aid groups, designated HAZMAT Team, etc.) to an occurrence which results or potentially results in an uncontrolled release of a hazardous substance. For the purposes of this plan, the term "immediate release area" has been defined as encompassing the Superintendent's/Area Foreman's geographical area; therefore, if an emergency situation can be mitigated by Company personnel, it is not a HAZWOPER Emergency. In the event that an uncontrolled release requires the response of specially trained emergency teams to stop or control the release (e.g. Fire Department, Department of Health Services, etc.), it is a HAZWOPER response and the procedures in this section of the "Response Manual" must be followed. The EH&S and Legal Departments must be immediately notified in this instance. HAZWOPER Plan Narrative A. Preplanning Response Actions Preplanning is the key to a successful emergency management plan. Planning is handled through the training of company employees, formulation of emergency response activities, and pre -planned coordination with outside emergency responders. The following items constitute BBC's preplanning actions. All field employees will be trained in Hazard Communication and Emergency Response. This includes hazardous material container labeling, access to, and understanding Material Safety Data sheets, and responding to emergencies involving hazardous materials. Specific emergency scenarios and appropriate responses will be discussed in these training sessions. In the event of a HAZWOPER emergency, response activities will be coordinated with contract companies trained to respond to HAZWOPER. The names of these companies and their emergency numbers can be found in Sections III and IV of this Plan. B. Personnel Roles and Lines of Authority If an incident is classified as a HAZWOPER response, the Superintendent/ Area Foreman responsible for the facility requiring the response shall supervise BBC personnel in emergency response activities and perform all reporting requirements pursuant to this Emergency Response Plan. He/she will continue to perform these duties until such time as the responding Emergency Response Team arrives. Upon the arrival of the trained Emergency Response (ER) Team, the ranking official of said team will coordinate with the BBC Incident Leader. After that point, all emergency response activities will be conducted under the direction of the ER and Incident Leader. C. Evacuation, Safe Distances, and Places of Refuge Evacuation - The open air nature of oil and gas operations generally permits numerous safe evacuation routes. In areas where this is not the case, employees are directed to attempt escape along a route that takes them upwind of an incident. Crosswind escape is suggested only until upwind escape is appropriate. Wind direction indicators are installed on all properties where H2S gas has been identified. Safe Distances - Prior to the arrival of the Incident Leader mentioned in Section B, the Superintendent/Area Foreman or designee shall be responsible for establishing the distance from the hazardous scene. After the Incident Leader arrives on the scene, safe distances will be established at his/her discretion. Places of Refuge should be established as appropriate for BBC operations. D. Employee Safety During a HAZWOPER Response All field employees will be trained to insure that they can operate certain equipment on the property during an emergency in order to bring the emergency condition under control. In the course of these operations the employee may be exposed to a hazardous environment, become injured, or have his/her clothing become contaminated with a hazardous material. The following items will address these issues. Personal Protection Equipment Specific (PPE) is available to every employee. The type of equipment available to the employee will vary depending on the hazards inherent in the subject work area. Selection, safe use, limitations, maintenance, care and storage will be covered in employee training. The Company's policies and procedures pertaining to PPE are found in the EH&S Manual located in each area office. Employees should only respond to an incident if the hazards are obvious and that employee is trained to respond to the specifc hazards involved and the proper PPE is available. Emergency Medical Services will be provided by local hospitals, urgent care centers, and fire departments. Services have been identified in Section IX of this Plan and are listed by BBC operating area name. Decontamination of clothing equipment will be coordinated with BBC EH&S staff. The MSDS will be consulted for proper disposal of contaminated items. E. Response Evaluation & Follow -Up After a HAZWOPER response has occurred, the Emergency Response Review committee will submit a report to management discussing the emergency response as requested. A copy of this report will be kept in the files. The Emergency Response Review Committee: • Operations/Area Manager • Environmental, Health & Safety Manager • Superintendent/Area Foreman The report will identify: • Nature and Cause of emergency • Statistics pertaining to emergency (i.e. damage, injuries, etc.) • Effectiveness of Company Emergency Response Personnel • Corrective Measures taken to prevent recurrence of similar emergency at this location (considering applicability to other locations) VIII. H2S CONTINGENCY PLAN SCOPE The purpose of this Section is to provide an organized plan of action to protect the general public and employees in the event of an accidental release of a potentially hazardous volume of hydrogen sulfide (H2S), or other toxic/hazardous gas. PRESENTLY NO H2S LOCATIONS UNDER OPERATION IN COLORADO, UTAH LOCATION INFORMATION PREVAILING WIND - LINES UNDER DOT REGULATION - STATE/FEDERAL LEASES - FIELD FUEL - OTHER - SEE SECTION IX FOR AREA SPECIFIC INFORMATION. RESPONDING TO LEAKS CONTAINING H2S 1. A leak may be detected and/or reported by various individuals/the public, BBC personnel, public safety officials etc. 2. Once a leak has been determined to be from BBC's facilities, the following information shall be obtained and relayed to the Superintendent/Area Foreman/Designee: a. Type of leak. b. Personal injuries. c. Location and magnitude of leak. d. Direction and velocity of the wind. e. Residents, businesses, and highways located downwind of the leak. f. Your action and/or advice concerning evacuation of nearby residents and businesses or establishing roadblocks. g. Action being taken to alleviate the situation. h. Time emergency occurred, or was reported. i. Estimate of damage to date and potential future damage. 3. The Superintendent/Area Foreman or designee will be in charge of the actual on-site operations. 4. Superintendent/Area Foreman or designee will assign someone to monitor company radio frequency. Carry a 2 -way, or bring a company truck with a radio as close as possible and maintain communications with response personnel. 5. The ranking BBC employee will be in charge of all actions until the Superintendent/Area Foreman or designee arrives. Protective equipment should be used as appropriate. 6. Operating personnel will attempt to determine seriousness of situation, and a. Notify immediately other personnel in area. b. Gather all personnel, customers and visitors at the rendezvous point, depending on release location. c. Recall employees if the emergency happens off -hours. (Numbers listed in the Call Lists section of this manual.) d. Contact EH&S personnel. e. Maintain a log of all contacts with residents, regulatory and law enforcement agencies, other operators, etc. f. Determine whether assistance is needed from public safety officials. 7. Operating personnel should attempt (from a safe area) to shut in leak and be alert for chemical and/or liquid hydrocarbon run-off. If chemicals are involved in a fire, think of the consequences before you use water on the fire. It may be better to contain the fire and let the chemicals incinerate. Close off the area. If you do not have the necessary equipment, heavy equipment operators are listed in the Contractor Services and Equipment listing in the Appendix Section. 8. If injuries have been sustained, start first aid procedures and call for ambulance service if needed, organize search and rescue if anyone is still unaccounted for. 9. If gas escape cannot be safely shut-in, stopped, etc., and presents hazard to residents, personnel or property, the following steps should be taken: a. Determine if the sour gas being released should be ignited to protect residents. b. Initiate Evacuation Procedure. EVACUATION PROCEDURE 1. Review with personnel on scene what measures are being taken for evacuation and the urgency for immediate action. 2. Alert necessary personnel to activate all, or a portion of the Sections of this Plan. FACILITY Field Technician/Pumper Superintendent/Area Foreman Operations/Area Manager Environmental/Safety Specialist Contract Help Teams for: Notifying residents and school bus system Evacuating Residents Establishing and manning roadblocks Persons to: Man briefing area Man safe area Monitor H2S concentrations (if gas is sour) Maintain log of events and action taken 3. Locate area of release on map which shows location of lines, roads, dwelling, etc. 4. Determine best estimate of: a. Volume being released. b. H2S concentration. c. Wind velocity and direction. d. Future volumes and H2S concentrations. 5. Identify residents that should be notified and/or evacuated immediately. 6. Instruct resident notification team to make necessary contacts. 7. Advise the evacuation team of those residents that could not be contacted via telephone, or those that will need assistance. 8. Stay in contact with resident notification and evacuation teams as to whom has been notified, evacuated, etc., making sure a log, of those contacted, is maintained. RESPONSE TEAMS, MEMBERS, AND DUTIES H2S MONITORING/CLIMATIC CONDITIONS TEAM — Responsible for monitoring ambient air concentrations or hazardous gases near a leak area, calculating H2S radius of exposure, and monitoring climatic conditions (wind direction, wind velocity, etc.). The team coordinator will keep the Communications Team advised of the monitoring results and any changes that occur. ROAD BARRICADE — Responsible for establishing roadblocks in areas affected by a potentially hazardous leak. Team members may be assisted by the Sheriffs Department and/or Department of Public Safety. PUBLIC RELATIONS, COMMUNICATIONS, AND DOCUMENTATION TEAM — Responsible for coordinating teams, communications between team members, and coordinating duties of public safety officials. The team will document record of events, the safety and control measures taken during the incident. The Coordinator of this team will keep the Superintendent up to date on leak events relating to public relations with the news media, public, and various public safety/fire officers. Safe areas will be established as appropriate. EVACUATION TEAM (FIELD) — Team members will be responsible for notifying and evacuating residents from a hazardous area to a place of safety. Response Team Members and Duties Form will be completed by Operations personnel for all H2S operations activities. BBC RESPONSE TEAMS. MEMBERS AND DUTIES FORM TECHNICIAN EVACUATION TEAM H,S MONITORING CLIMATIC CONDITION TEAM ROAD BARRICADE TEAM OPERATOR AIR PAC'S ESCAPE LOCATION SEE SECTION IX FOR AREA SPECIFIC INFORMATION. NAME OTHER OPERATORS IN AREA LOCATIONS TELEPHONE SEE SECTION IX FOR AREA SPECIFIC INFORMATION. HEALTH EFFECTS OF HYDROGEN SULFIDE* CONCENTRATION PERCENT (%) PPM PHYSICAL EFFECT 0.000013 0.13 OBVIOUS AND UNPLEASANT ODOR. 0.001 10 SAFE FOR 8 HOURS EXPOSURE. 0.01 100 IMMEDIATELY DANGEROUS TO LIFE OR HEALTH. KILLS SMELL IN 3 TO 15 MINUTES; MAY STING THROAT. ALTERED RESPIRATION, PAIN IN EYES, DROWSINESS AFTER 15-20 MINUTES. 0.02 200 KILLS SMELL RAPIDLY; BURNS EYES AND THROAT. 0.05 500 DIZZINESS; UNCONSCIOUS AFTER SHORT EXPOSURE; NEEDS PROMPT ARTIFICIAL RESPIRATION. 0.07 700 UNCONSCIOUS QUICKLY; DEATH WILL RESULT IF NOT RESCUED PROMPTLY. 0.10 1000 UNCONSCIOUS AT ONCE; FOLLOWED BY DEATH WITHIN MINUTES. * AMERICAN PETROLEUM INSTITUTE DWELLINGS. OFFICES, ETC. LOCATION PHONE NUMBERS SEE SECTION IX FOR AREA SPECIFIC INFORMATION. IX. General Telephone Numbers General Telephone Numbers - Key Employees BBC CONTACT LIST OFFICE MOBILE HOME Fred Barrett— Pres/CEO 303-312-8108 303-887-5430 303-421-7780 - Patty Joe Jaggers-Pres /COO 303-312-8101 303-810-4875 303-617-9987 —Judy M. Scot Woodall -Sr. VP Operations 303-312-8181 303-957-6329 Kurt Reinecke-VP So. Ops 303-312-8113 303-884-2483 303-989-7190 - Lorraine Terry Barrett— VP No. Ops 303-312-8110 303-881-1011 303-423-9785 -Sharon Peter Moreland —YellowJacket Lead 303-312-8141 Hollis Bairrington-COLO Team Lead 303-312-8179 303-345-1299 303-439-0122 - Sandi Greg Hinds —UT Team Lead Tracy Galloway —WY-PRB Team Lead Francis Barron —General Counsel -Legal 303-312-8515 303-520-7411 303-756-6335 - Tamara Duane Zavadil VP kegulatory 303-312-8128 303-638-1265 303-660-1145 -Glenda Scot Donato -Mgr EH&S 303-312-8191 303-549-7739 303-733-0130 Peg Young-EHS Coordinator 303-312-8120 303-325-4968 Jim Felton — Public Relations 303-312-8103 303-881-0840 970-668-1624 - Janet Troy Schindler -Drilling Mgr 303-312-8156 303-249-8511 303-740-8507 - Kathryn Dominic Spencer-Drilling/Compl Coord. 303-312-8143 303-877-5236 303-216-1738 - Jesse Jay Bauer -Facilities 303-312-8115 303-324-6135 303-582-3263 - Jessica George Hartman -Construction Field 307-258-7901 Chris Bairrington-CO/ND/MT 303-312-8511 303-877-5239 303-450-3029 - Shana John Shepard - WY 303-312-8167 303-877-2952 303-680-5306 - Susan Monty Shed -COLO Supervisor (970) 876-1959 970-987-3826 Jesse Merry -CO- (970) 876-1959 970-230-0436 Donny Sell —WY -CVG Supervisor 307-237-1522 307-262-4708 307-265-5064 Don Strom -WY -CVG 307-237-1522 307-258-6125 Mike Angus — UT Supervisor 435-725-3515 435-724-8016 Fred Goodrich -UT 435-725-3515 435-722-7243 435-722-4825-Charise Jim Daniel -PFOB Supervisor 307-685-4322x16 307-680-9767 307-682-2988 Paul McElvery-PRB 307-685-4322x14 307-680-8664 307-685-4359 COLORADO-PICEANCE - EMERGENCY PHONE NUMBERS! 'lied. NCC RVIOES, 7161 4111,11711, WY - POWDER RIVER 1 #SIN.. Colorado State Patrol Garfield County Sheriff Rifle Fire Protection 970-824-6501 970-945-9151 970-625-1220 Rifle Police Dept. 970-625-2271 Silt Ambulance Silt Fire Protection Silt Police Dept. Grand River Hospital, Rifle Valley View Hospital, Glenwood Sp 970-625-1899 970-876-5738 970-876-2735 970-625-1510 970-945-6535 WYOMING —WIND RIVER FIELD - EMERGENCY SERVICES PHONE LIST Hospital -WY Medical Center (Casper) 307-577-7201 Emerg. 307-577-2222 Ambulance Services — WY Medical Center (Casper) 307-577-7201 Sheriff Department -WY Natrona County Sheriff 307-235-9300 non emerg/235-9282 Highway Patrol -WY Highway Patrol 800-442-9090 Fire Department —WY Natrona County (Station 7) 307-265-8656 Bureau of Land Management- WY (Casper) 307-261-7781 Medical Helicopter -WY Medical Center (Casper) 800-822-7201 or 307-577-7201 Burn Center -WY Medical Center (Casper) 307-577-7201 Poison Control 800-955-9119 CODY, WY BIG HORN BASIN - - ALL Emergencies WY Highway Patrol Park County Sheriff Ambulance -AIR Ambulance -Cody West Park Hospital, Cody ER 707 Sheridan Ave, Cody Road Info WYOMING STATE PATROL FIRE DEPARTMENT SHERIFF POLICE HOSPITAL Medical Helicopter -WY Medical Center (Casper) Air Ambulance 9.1-1 800-442-9090 307-527-8700 800-633-3590 307-527-7501 307-578-2375 888-996-7623 (in Wy 800-442-9090) 9-1-1 (emerg) 9-1-1 (emerg) 307-777-4321 307-682-5319 307 -682 -7271 -non emerg 307 -682 -5155 -non emerg 307-688-1000 800-822-7201 or 307-577-7201 800-633-3590 Ambulance 307-687-5150 National Poison Control Center 800-222-1222 435-738-2424 .14 itetbiftWitall Roosevelt Sheriff 435-722-2210 Carbon Co Sheriff 435-636-3251 Duchesne Co. Sheriff 435-738-2424 Duchesne Co. Fire Dept. Carbon Co. Fire Dept. Roosevelt City Fire Dept. Duchesne Co. Police Dept. Roosevelt City Police Dept. Carbon Co. Police Dept. Roosevelt City Ambulance Carbon Co. Ambulance 435-472-3572 435-722-4558 435-738-2424 435-722-4558 435-636-3251 435-722-4558 435-636-3229 Duchesne Co. Ambulance 911 Uintah Basin Hospital (Roosevelt) Castle View Hospital (Price) Poison Helpline Burn Center MONTANA EMERGENCY PHONE NUMBERS MT All Erner encies MT Gallatin County Emergency MT Park County Emergency 435-722-4691 435-637-4800 800-222-1222 911 9-1-1 406-582-2100 406-222-4190 MT Meagher County Emergency Bozeman Police Bozeman Sheriff Bozeman Fire Bozeman Ambulance. Bozeman Deaconness Hospital ER 915 Highland Blvd, Bozeman, MT Livingston Police Livingston Sheriff Livingston Fire Livingston Ambulance Livingston Memorial Hospital ER 504 S. 113th Street, Livinston, MT MT Road/Weather MT Highway Patrol State Patrol 406-547-3397 406-582-2000 406-582-2100 406-582-2350 406-586-0037 406-585-1000 406-222-2050 406-222-4172 406-222-2061 406-222-2061 406-222-3541 800-266-7623 800-525-5555 406-388-3190 National Poison Control Center $00-222.1222 r? U!tAi>fl, 1-70 EXIT #97 FRONTAGE RD. 11 . (( ,///�Ir!/Mill•,;;; 111 I .4 MILES 1 ' / 7 / Tv ✓ /f ~r.' CIRCLE B LAND # WATER STORAGE FACILITY DIRECTIONS TO LOCATION: FROM THE 1-70 EXIT #97 (SILT EXIT) PROCEED EAST ON FRONTAGE ROAD ±0.5 MILES TO COUNTY ROAD 311, PROCEED SOUTHERLY ±0.6 MILES TO COUNTY ROAD 331, PROCEED WESTERLY THEN SOUTH ±4.2 MILES ON COUNTY ROAD 331 (DRY HOLLOW ROAD) TO CHIPPERFIELD LANE, PROCEED EAST ±1,3 MILES ON CHIPPERFIELD LANE TO AN EXISTING ACCESS ROAD, PROCEED SOUTH ±0.4 MILES ON EXISTING WELL ACCESS ROAD TO TO THE EXISTING CIRCLE B PAD 4 WATER STORAGE FACILITY AS SHOWN HEREON. ,�, ECLIPSE surveying 111 E THIRD ST., SUITE 204 RIFLE, 60 81850 (970) 6253048 SCALE: 1-4000' DATE: 5/14/09 SHEET. 1 OF 1 PROJECT` 08001 DFT. JAK Bill Barrett Corporation CIRCLE B LAND #4 WATER STORAGE FACILILTY EMERGENCY ACCESS MAP Bill Barrett Corporation May 28, 2009 Ms. Dustin Dunbar Senior Planner Garfield County Planning- Rifle Airport Office 0375 CR 352 Bldg 2060 Rifle, CO 81650 RE: Bill Barrett Corporation Circle B4 Water Storage Facility Limited Impact Review Application Staff Report Response Dear Ms. Dunbar: Bill Barrett Corporation (BBC) is responding to your staff report for the subject facility Limited Impact Review Application. The following information is provided as clarification to certain items identified during our review of the staff report for this facility application. Article III. Zoning/Adjacent Uses This section mentions the Aspen Valley Land Trust (AVLT) conservation easement. To clarify, the mineral leases owned by BBC predate, and thus are senior to, the AVLT conservation easement. This is a point of clarification only and no change is requested. Article VII 7-201 A. No adverse effect to agricultural lands This section discusses the pit that is associated with the drilling of a disposal well adjacent to the subject facility. The disposal well is not part of this permit application and is separately permitted and regulated by the COGCC. BBC will comply with all COGCC rules regarding the construction, drilling/completion, and reclamation of the disposal well facility. Therefore, because references to the pit and the Condition of Approval ("COA") No. 14.c on page 18 of your Staff Report are not applicable to this application BBC requests that these references be removed from the report. Article VII 7-201 E. Irrigation Ditches This section denotes secondary containment capacity in excess of COGCC requirements. Technically the requirements are from the Environmental protection Agency Spill Prevention Control Countermeasures (SPCC) regulations. The secondary containment and additional fail-safe controls are well in excess of the SPCC requirements also. This is a point of clarification only and no change is requested. 1099 1 8TH STREET SUITE 2300 DENVER CO 80202 P 303.293.9100 F 303 291 0420 Ms. Dusty Dunbar May 29, 2009 Page 2 This section also denotes the secondary containment to be a synthetic liner surrounded by an earthen berm. The tank battery will have a corrugated steel containment that includes a seated and sealed synthetic liner. In addition, the site will have a containment consisting of an earthen berm around the entire exterior of the facility for added protection. This is a point of clarification only and no change is requested. Article VII 7-202 Protection of Wildlife Habitat Areas Requiring commencement of construction to be delayed until the Ideal Construction Periods occur cause vital delays in the project and is contrary to the very essence of this permit application, which is to reduce impact to the land, neighbors and wildlife as expeditiously as possible. The Wildlife Assessment and Mitigation Report lists the Ideal Construction Periods, as time periods most likely to avoid wildlife related issues. However mitigation measure can be implemented, such as (1) clearing the area prior to this time period, (2) conducting a survey by a qualified biologist to determine if any birds are nesting in the area or (3) establish a 10m buffer around nest until birds have left (see attached clarification letter dated May 29, 2009 from WestWater Engineering). Therefore, in order to avoid further delays in commencing this project, BBC requests the clearing of the site occur in accordance with the "mitigation measures" stated in the attached letter from WestWater Engineering. 7-212 Reclamation BBC presently has a reclamation bond in place for the existing producing wells and associated production facilities. BBC will also have a reclamation bond in place prior to construction and drilling of the disposal well and its associated facilities. These bonds cover both equipment removal and revegetation. The remaining disturbed area and facilities will require a reclamation bond as stated in the staff report. The remaining area not covered by the above noted bonds will cover approximately 2 acres. BBC will also be seeking a COGCC Centralized Water Storage facility permit after approval of the Garfield County Limited Impact Review application. A reclamation bond will also be required by COGCC for this permit which will in turn cover the entire facility. BBC requests that a reclamation bond with Garfield County covering the un bonded water storage facility only (assume 2.5 acres * $4000/ac= $10,000) is appropriate, and that once the additional bond for the COGCC permit is provided BBC will request that the county bond be returned as noted in the staff report. Can you modify your recommendations in the report to accommodate these points. Ms. Dusty Dunbar May 29, 2009 Page 3 7-810: E The volume of sound generated shall comply with the standards set forth in the Colorado revised statutes, This is a point of clarification only and no change is requested. COA #14.e: Regarding the statement that reduction of sagebrush/pinion/juniper will be minimized, insert the following sentence at the end of this paragraph. "It recognized that the CDOW may recommend specific plans for reduction of sagebrush, juniper or pinion in order enhance the wildlife habitat, which shall be authorized. COA # 16: This COA requires that if the use as a produced water facility is ended, reclamation shall be initiated within 60 days. It is recommended that the following words be inserted after the phrase ..."initiated within 60 days" "or at the commencement of the next growing season, if any portion of the 60 day period occurs between September I and April 1. Thank you for your consideration on these issues and your overall assistance with this permit process. Please call me at 303-312-8191 or email at sdonato@BillBarretiCorp.com if you have any questions or concerns. Sincerely, BILL BARRETT CORPORATION Oat Scot A. Donato, P.G. Manager, Environmental Health &, Safety Signed by Matt Barber, Permit Analyst D'bh ce: fife Ho!!is !3airrington, Alae Barber, BBC, Doug Dennison, Olson NestWater Engineering Consulting Engineers & Scientists 2516 FORESIGHT CIRCLE, #1 May 29, 2009 Doug Dennison Olsson Associates 826 211/2 Road Grand Junction, CO 81505 RE: Report Clarification Dear Mr. Dennison: GRAND JUNCTION, COLORADO 81505 (970) 241-7076-- FAX (970) 241-7097 Via email: ddennison@oaconsulting.com In accordance with your request, this is to clarify the Ideal Construction Periods included in Table 1 of our report of November 2007 entitled "Wildlife Assessment and Mitigation Report, Circle B Well Site #6." This report is also applicable for the currently proposed Circle B 4 project. The Ideal Construction Periods included in the report (May 1-15 and July 16 -November 30) are the time periods likely to avoid most wildlife related issues. During the May through July time period, the principal wildlife issue is likely to be nesting migratory birds. In order to avoid a taking under the Migratory Bird Treaty Act (MBIA) several mitigation measures can be applied: (1) In general, if work in potential nesting habitat must occur during the nesting season it is best if the area can be cleared prior to the nesting season so that nesting habitat (trees and shrubs for most species in this area) is not present. (2) If clearing is not accomplished prior to nesting season, the area can be surveyed by a qualified biologist to determine if any birds are nesting in the area. If none are present, clearing can proceed. (3) If nests are present, construction can be delayed until after July 15 or until the birds are no longer using the nest. (4) If clearing must be done in an area with nesting birds, a 10m buffer around the nest until the birds have left is usually recommended. Please feel free to contact our office if you have any questions concerning our reports. Sincerely, Michael W. Klish Principal Environmental Scientist 0 0 J r 1 f e Iii I �. I yIII;� I \ I I E /� \ I II z 1 \ r r�� n.6 I Il oc21' �r zz o.0--69------7:\Y1�P. BIL BARREIT CORPORATION 1099 18111 STREET. SURE 2300 DENVER CO 80202 BILL BARRETT CORPORATION CIRCLE 8 LAND SITE PLAN llgrECLIPSE.17.1,r"'IWO et SIZE 201 surveying, inc. RCv90r a0/28/a 00/24/09 OISCRPMV ADM orts AMO oisnaar cc of*.a 0 I Ii(-- \f � I)' y 1 I ..___:\ y LOCO OI Ifs _ e s _ 1 1-_ txj o tzl °C00 t" y BLL BARRETT CORPORATION 1099 18TH STREET, SLATE 2300 DEWJEIT CO 80202 BILL BARRETT CORPORATON CIRCLE 8 LAND STE PLAN ,, ECLIPSE surveying, inc. om Bill Barrett Corporation June 3, 2009 Garfield County Building 85 Planning Department Attention: Dustin Dunbar 0375 CR 352 Building 2060 Rifle, CO, 81650 Subject: Clarification of Issues Raised During BOCC Hearing on Limited Impact Review Application for Bill Barrett Corporation Circle B #4 Water Storage Facility Dear Ms. Dunbar: As follow up to the Garfield County Board of County Commissioners (BOCC) June 1, 2009 hearing on the subject application, Bill Barrett Corporation (BBC) would like to clarify some issues raised during this hearing. These issues are outlined below. In addition, BBC would like to request a copy of the final conditions of approval and minutes from this hearing as soon as they are available. 1. Condition of Approval (COA) 14.c.: As was stated by BBC during the hearing, this disposal well and associated facility will be permitted and regulated by the COGCC as part of the Application for Permit to Drill (APD) for the well. 2. COA 15: In regard to an agreement with the Garfield County Road 86 Bridge Department for the installation of an asphalt overlay on County Road (CR) 326, Chipperfield Lane, BBC has executed the conditional acceptance of Frontier Paving, Inc.'s bid proposal and is currently awaiting Frontier's final acceptance. 1099 18TH STREET SUITE 2300 DENVER, CO 80202 P 303.293.9100 F 303.291.0420 Ms. Dusty Dunbar June 3, 2009 Page 2 3. COA 16: As was stated by BBC staff during this hearing, the location for this facility is also the location of existing producing natural gas wells and a proposed disposal well. The disturbance associated with those wells and appurtenant facilities are the subject of financial assurance provided to the COGCC, therefore, Garfield County's requirement for additional financial assurance should only address the portion of the facility directly related to this application. As indicated on the figure enclosed as Attachment B, the disturbance associated with the facility covered by this application is 1.15 acres. However, in accordance with testimony made at the hearing, BBC is willing to commit to providing financial assurance to Garfield County covering a total disturbed area of 2.5 acres. Therefore, BBC is proposing that the reclamation security to be provided to Garfield County be in the amount of $10,000 (2.5 acres at $4,000/acre). Once BBC obtains the COGCC Centralized Waste Management Facility permit and associated reclamation bond, BBC will apply to have the Garfield County bond returned, as noted in your staff report, since it would then be a duplicate bond for the same reclamation purpose. Thank you in advance for your assistance in addressing these issues. If you have any questions, please contact me at (303) 312-8168. Sincerely, Bill Barrett Corporation 447a/6/66 -- Matthew Barber Permit Analyst Attachment A - Agreement with Garfield County Road 86 Bridge Department Attachment B - Disturbance Area ATTACHMENT A J 1.15 AC. OF DISTURBED AREA. FOR WATER STORAGE TANKS (AREA SHADED IN YELLOW) CIRCLE B L WATER STORAGE 1 A PARCEL OF LAND SIZ TOWNSHIP 6 SOUTH, RANGI COUNTY OF GARFIELD, l}RILLING FRCMAIMED PAD FROM ORIGINAL �so= 000„,0000 o0o O ----TNC - EXISTING ©�OOo0Ql_ BERm TOR 10 0 n C G VISUAL MITIGADNG BERM - CIRCLE B LAND PAD #4 DISTURBANCE DETAIL SCALE I "=100' - BOUNDARY OF 10 AC. SITE FOR THE CIRCLE B LAND WATER STORAGE FACILITY T - FEISE --4-- ---1 , WATER STI7RAGE PACE= DETAIL SCALE 1"-100' LFrSun OVERHEAD ELECTRIC ROADS DITCH FENCE PARKING/ ACCESS f . —• 5il GRAPHIC D.RT BERL' SHAPED & SEEDED II, III] ooh - Ino u wC.5it9V i.: 0.6 MLE5 COUNTY RD 311 • Y—P CIRCLE B LAND #4 WATER STORAGE a � \ FACILTIY El I • DIRECTIONS TO LOCATION: FROM THE 1-70 EXIT #97 (SILT EXIT) PROCEED EAST ON FRONTAGE ROAD ±0.5 MILES TO COUNTY ROAD 311, PROCEED SOUTHERLY ±0.6 MILES TO COUNTY ROAD 331, PROCEED WESTERLY THEN SOUTH ±4.2 MILES ON COUNTY ROAD 331 (DRY HOLLOW ROAD) TO CHIPPERFIELD LANE, PROCEED EAST ±1.3 MILES ON CHIPPERFIELD LANE TO AN EXISTING ACCESS ROAD, PROCEED SOUTH ±0.4 MILES ON EXISTING WELL ACCESS ROAD TO TO THE EXISTING CIRCLE B PAD 4 WATER STORAGE FACILITY AS SHOWN HEREON. A. ECLIPSE surveying IIS E MIRO ST s m 20Q, RFLP CO 81860 Nom! e26s0We SCALE: 1-4O YY DAZE: 5/14/09 1 OF 1 w 08001 DAT: .TAE' Bill Barrett Corporation CIRCLE B LARD #4 WATER STORAGE FACILILJYEMERGENCY ACCESS MAP John Martin From: L Bracken [colobrokerl@earthlink.net] Sent: Monday, June 01, 2009 7:09 AM To: John Martin; Mike Samson Cc: Judith Jordan Subject: Re: Limited Impact Review Permit for the Circle B Produced Water Storage Facility #4 in the Rural Zone District Lisa Bracken PO Box 30 Silt, CO 81652 Garfield County Commissioners: John Martin, Mike Samson 108 8th street Glenwood Springs, CO 81601 Sent via e-mail Re: Limited Impact Review Permit for the Circle B Produced Water Storage Facility #4 in the Rural Zone District June 01, 2009 At 1:00 pm, today, Garfield County Commissioners will consider approval of a Limited Impact Review Permit for the Circle B Produced Water Storage Facility #4 in the Rural Zone District, located in Section 35, T6S, R92 W, Silt. The applicant is Bill Barrett Corporation. The proposed location for this facility is approximately one mile NW of my home and within the former moratorium area, raising, at least for myself, clear and significant human health and safety concerns. It is my understanding — which may be limited due to exclusion from development plans - that this facility proposes a waste water injection well and tank battery comprised of sixty-five, 5,000 gallon storage tanks. The aggregate capacity of the tank battery is 325,000 gallons. Explosive Danger and Air Emissions Produced waste water contains saline, but it also contains a sinnificant amount of naturally and what appeared to be the release of waste onto an access road, the fire department was unable to locate the area of concern, despite a fire manager living in the area adjacent to that location. The proposed area is heavily wooded with cedar and pinion and is difficult to access. Our home — and seven other families in the area immediately south of the Circle B property - is topographically encumbered with a single access road that terminates in a very remote canyon region. Should a fire occur in this region — as the result of the flammable emissions from a produced water/fuel storage tank combusting, the result is likely to be suddenly and broadly catastrophic to both this region and the people that live here. The fire service for this area is not equipped to manage such an event. Lightening strikes accompanying dry, electrical thunderstorms in this region have been relatively common over the past twenty years, occurring numerous times over the span of late spring to early fall. Further, this facility stands to remain operational; serving a broad area of development and posing such a threat for decades into the future, making such an incident more a matter of when, not if, such an event is likely. Air emissions from this tank battery will contain hazardous components such as the carcinogen, benzene. Obviously, the emissions from 325,000 gallons of fluid storage is undesirable in a populated area. Our home is in the direction of prevailing westerly winds. Whether on a breezy day, on a calm day, or during a low pressure inversion, my family is likely to receive and suffer the effects of on-going exposure to large quantities of these toxic fumes which tend to be trapped in the area by topography and tree cover. Truck Traffic County Road 331 (Dry Hollow Road) is a farm -to -market road, and was not built to accommodate intense, heavy truck traffic. It is relatively narrow for such purposes; and, it is also, at times, quite curvy and steep — often possessing no shoulder and occasionally poor line - of -site visibility. In winter, this road is even more difficult to traverse. Both roll-overs and collisions have occurred on this road. The increase in traffic by trucks hauling waste into this facility would be a serious threat to public health and safety. Once off of County Road 331, fugitive dust will be a significant and on-going concern. well is exacerbating poorly understood sub -surface physics at the expense of the rural population and health of the region's watershed. Conclusion Obviously, Bill Barrett Corporation's request for Commissioner approval would be appropriate given better circumstances; however, because it appears that mitigating measures are either cost and time -prohibitive or unavailable at this time, an appeal for such use of land situated in a predominantly agriculture and wooded rural residential area is simply, currently inappropriate. Although the application for permit of this facility denotes the location is not in a high density area, it is certainly not yet void of life. I urge you to consider the likelihood of irreparable damage as well as difficult precedent the Garfield County Commissioner's approval of this facility will cause to the residents of this area. I further urge you to give appropriately greater consideration and weight to the health and safety concerns of residents over the singularly focused profitability of a corporate land owner intending to utilize the land for hazardous waste disposal purposes. Thank you for your time and thorough considerations of this matter, Lisa Bracken c.c Judy Jordan Oil and Gas Liaison Bill Barrett Corporation April 28, 2009 Ms. Dustin Dunbar Senior Planner Garfield County Planning- Rifle Airport Office 0375 CR 352 Bldg 2060 RIFLE CO 81650 RECEIVED MAY 12009 U/ GAD NGS& OCOUNTY INNING RE: Continuance Request for Bill Barrett Corporation Circle B-4 Water Storage Facilitj' Special Use Permit Application Hearing Dear Ms. Dunbar: Bill Barrett Corporation (BBC) respectfully requests a continuance for the public hearing on the subject facility permit application scheduled for May 4, 2009. BBC requests this continuance to allow for a single property owner to have sufficient time to review and respond to the permit application. We request that the Board of County Commissioners open the public hearing to continue to a date certain, so that the general notice does not have to be repeated...as an apparent error in noticing a single adjacent property owner, the Guccinis, was made. To provide proper legal notice of at least 30 days prior to hearing, we immediately noticed the Guccinis by email on April 24, 2009 to which they responded. We would like to reschedule the subject hearing to June 1, 2009. We will proceed with our previously scheduled informational meeting with adjacent landowners for this Wednesday April 29, 2009. BBC will verbally notice the continuance to all attendees of our public meeting. We will also provide a courtesy notice of the continuance by first class mail, phone or email, as appropriate, to the remaining landowners on the notification list. Thank you for your consideration on this issue. Please call me at 303-312-8191 or email at sdonato@BillBarrettCorp.com if you have any questions or concerns. Sincerely, BILL BARRETT CORPORATION Scot A. Donato, P.G. Manager, Environmental Health & Safety 11E!)) Bill Barrett Corporation March 30, 2010 Sent Via Email and USPS Jim Rada Garfield County Health Department 195 W. 14th Street Rifle, CO 81650 GARFIEL D COUNTY BUILDING & PLANNING RE: Notification Facility has met CDPHE Air Quality Requirements Special Use Permit Amendment - Resolution No. 2009-46 Circle B 4 Produced Water Storage or Treatment Facility Dear Mr. Rada: Bill Barrett Corporation (BBC) is submitting this notification as required in the conditions of approval for the Limited Impact Review Permit Resolution number 2009-46 dated July 6, 2009 for Circle B4 Produced Water Storage or Treatment Facility. The Colorado Department of Public Health and Environment (CDPHE) issued an air quality Construction Permit number 09GA0966 for the Circle B4 Water Storage Facility on January 4, 2010. The permit number is 09GA0966 and includes all required emission control and reporting requirements. Please contact me at 303-312-8120 or pyounq anbillbarrettcorp.com if you have any questions regarding this submittal. Sincerely, BILL BARRETT COPRORATION eg oung Environmental He- and Safe y Coordinator cc: Matt Barber, BBC Fred Jarmin, Garfield County Planning Director 1099 18TH STREET