HomeMy WebLinkAbout2.0 Staff ReportExhibits — Limited Impact Review — Dixon Water Foundation — LIPA 6030
BoCC Public Hearing (12/21/2009)
A
Proof of Publication, Posting, and Mailing
B
Garfield County Unified Land Use Resolution of 2008, as amended
C
Garfield County Comprehensive Plan of 2000
D
Application
E
Staff Memorandum
F
Staff Powerpoint
G
Email from Garfield County Development Engineer dated November 16, 2009
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Letter from Garfield County Road and Bridge dated November 17, 2009
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Memo from Steve Anthony, Garfield County Weed Management, dated December 4, 2009
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Letter from Orrin D. Moon of the Burning Mountains Fire District dated December 9, 2009
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Letter from David C. Moore, Mayor, the Town of Silt, dated December 15, 2009
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COGCC Company Report Detail, Bonding Coverage, received December 14, 2009
EXHIBIT
BOCC 12/21/20
)
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST
LIPA 6030 — Limited Impact Review: Materials
Handling for the transport, storage, and disposal of
produced water into an injection well (Pad D).
APPLICANT/PROPERTY OWNER Dixon Water Foundation
REPRESENTATIVE Antero Resources/Rick Blankenship
PARCEL ID 2179-114-00-114
PROPERTY SIZE/SITE AREA 1377 acres/2.02
LOCATION Two miles south of Silt, Co off of CR 331 and
Mineota Drive
ACCESS
EXISTING ZONING
Private Road access off of County Road 331
Rural
I. GENERAL PROJECT DESCRIPTION
The property owner (Dixon
Water Foundation) requests
approval to construct a
centralized water treatment
and storage facility on their
property that is used to treat,
store and dispose of
produced water used in their
natural gas drilling
operations. The well field is
generally located south of I-
70 with some well pads
located north of the freeway
(see Antero Built Waterline
Map in Tab 12). Antero is
the operator for this well field. Produced water from the well field is piped to the facility; the
residual oil and condensate from the water are separated, and then transported off site to be sold.
The water is piped into the injection well (Pad D) approved by the Colorado Oil and Gas
Conservation Commission (COGCC).
The request (Application Tab 5) includes approval for a centralized facility for "Materials
Handling", six additional produced water storage tanks, and a natural gas powered generator, in
addition to the existing site facilities which include two produced water storage tanks, two
skimming tanks, and a pump house.
II. SITE DESCRIPTION
The site is located south of Silt and is accessed via County Road 331 (Dry Hollow Road),
Mineota Drive, and private access easements through portions of the platted lots of Mineota
Ridge Estates Subdivision. Mineota Drive is a private road which is maintained by Antero as
part of the access easement granted by the Mineota Ridge Estates HOA and affected property
owners. The access easement connects directly to Pad D which is located at the northern edge
of the Valley Farms property.
The site currently contains a number of temporary and permanent storage tanks, pump house,
and skimming tanks. The producing and injection well are centrally located on the well pad
and there is an earthen cut located on the south side of the well pad effectively screening most
of the site from Mineota Drive. Once drilling is complete and all of the temporary tanks are
removed only a portion of the pump house and storage tanks will be visible from Mineota
Drive. The produced water storage tanks are painted to blend into the surrounding landscape.
A final site plan is shown below.
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III. REVIEW STANDARDS & STAFF COMMENTS
Limited Impact Reviews are required to adequately address topics in Section 4-502(D) Land
Suitability Analysis, Section 4-502(E) Impact Analysis, and the general development standards
found in Article VII of the Garfield County Unified Land Use Resolution of 2008 (ULUR).
Pursuant to Divisions 1-3 of Article VII all applications for land use change shall conform to the
listed standards. Divisions 1-3 discuss General Approval Standards, Resource Protection, and
Site Planning and Development. The applicant has addressed all of the requirements of the
ULUR that apply to this Limited Impact Review and specifically for "Material Handling". The
following provides a review of specific standards that are of interest to the Board when
considering the impacts caused by "Materials Handling" followed by a Staff Response:
A. Section 4-502(1) Land Suitability Analysis
I. Public Access to Site. Show historic public access to or through the site.
2. Access to adjoining Roadways. Identify access to adjoining roads and site distance and
intersection constraints.
3. Easements. Show all easements defining, limiting or allowing use types and access.
Staff Response (For items 1-3): The property has public access via CR 331 and a private
road known as Mineota Drive. Mineota Drive terminates at the end of the Mineota Ridge
Estates Development. There have been no issues with site access and the proposed
injection well will accept produced water for treatment, storage, and disposal via pipeline.
Once drilling is completed on Pad D there will be minimal traffic to the site with
maintenance vehicles as the primary site traffic. Daily trips with a mid-sized tanker will
occur to remove petroleum distillates from the skimming tanks. The applicant has
adequately demonstrated the adequacy of the access easements granted from adjacent
property owners and the Mineota Ridge Estates HOA. The Applicant's Land Suitability
Analysis is located in Tab 14 of the application and the Traffic Analysis is located in Tab
15.
4. Topography and Slope. Topography and slope determination.
Staff Response: The property is located on an existing well pad approved by the Colorado
Oil and Gas Conservation Commission and contains producing wells and supporting
equipment and buildings. There are no additional changes proposed to the topography and
slope of the site. The site is located on the edge of the moderate slope hazard area and no
significant impacts have been identified.
5. Natural Features. Significant natural features on-site and off-site.
Staff Response: The site was created as a cut and fill on the edge of a moderate slope to
accommodate an oil and gas well pad. There are no significant natural features located on
this well pad. Off-site, the slope gradient flows downhill to the north, west and east to an
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agricultural area known as Valley Farms. There is an open drainage ditch located north of
the site. The Colorado River is located approximately 1 % miles north of the site.
6. Drainage Features. Existing drainages and impoundments, natural and manmade.
Staff Response: There are no natural or manmade water features on the site and there is no
flood hazard identified for Pad D.
7. Water. Historic irrigation, tailwater issues, water demands, adequate water supply
plan pursuant to Section 7-104.
Staff Response: The Pad D site does not have any historic water usage or other identified
water demand. There are no potable water wells or other potable water intensive used
proposed for operation of the site. The only on-site personnel will be during regular
maintenance of the well pad facilities. There is an open drainage ditch located north the
site.
8. Floodplain. Flood plain and flood fringe delineations.
Staff Response: The site for Pad D is outside any designated flood plain or flood hazard
area.
9. Soils. Soils determination, percolation constraints, as applicable.
Staff Response: An on-site ISDS is not proposed nor any other waste -water disposal
system, other than the sub -surface disposal of produced water into an approved injection
well, proposed for operation of the site.
10. Hazards. Geologic hazards on-site, and adjacent to site.
Staff Response: The Garfield County GIS maps identify the area of Pad D is located within
an area of moderate "Slope Related Hazard". There are no other geologic hazards
identified on the site of Pad D.
11. Natural Habitat. Existing flora and fauna habitat, wetlands, migration routes.
Staff Comments: The Application contains a Wildlife and Sensitive Areas Report (Tab 23)
prepared by WestWater Engineering which concluded that the facility will minimally affect
wildlife and there would be no impacts to native vegetation on the project site due to the
previous disturbance to create the drill pad. The project will contribute to the cumulative
impacts to the wildlife populations in the surrounding area that are experiencing gradual
habitat loss, fragmentation, alteration, and displacement through increased development.
The report does contain a variety of mitigation recommendations. Staff recommends the
Board require the Applicant to adhere to these recommendations as conditions of approval.
12. Resource Areas. Protected or Registered Archaeological, cultural, paleontological
and historic resource areas.
Staff Response: The Application contains a "Class I Cultural Resource Overview" prepared
by The Grand River Institute (Tab 24) which ultimately found that that there are no
archeological or historic sites identified within the project area.
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Section 4-502(E) Impact Analysis. The Impact Analysis shall provide a description of the
impacts that the proposed land use change may cause, based upon the standards that the
proposed use must satisfy. The Impact Analysis shall include a complete description of how the
applicant will ensure that impacts will be mitigated and standards will be satisfied. The
following information shall be included in the Impact Analysis.
The Applicant's Impact Analysis is located in Tab 15 of the application.
1. Adjacent Property. An address list of real property adjacent to the subject property, and
the mailing address for each of the property owners.
Staff Comments: The Applicant provided an address list for property owners within 200
feet of the parent parcel for public notice from the entire Valley Farms parcel.
2. Adjacent Land Use. Existing use of adjacent property and neighboring properties within
1500' radius.
Staff Comments: Pad D is located on the northern edge of the Valley Farms Ranching
operation and south of the Mineota Estates development. The site currently contains a
natural gas well pad approved by the COGCC with producing wells and an injection well.
3. Site Features. A description of site features such as streams, areas subject to flooding,
lakes, high ground water areas, topography, vegetative cover, climatology, and other
features that may aid in the evaluation of the proposed development.
Staff Comments: The relatively flat 2.02 acre site is located on the edge of a moderate
slope and does not contain any significant topographic features. There are no streams or
water bodies present and an open drainage ditch is located north of the site.
4. Soil Characteristics. A description of soil characteristics of the site which have a
significant influence on the proposed use of the land.
Staff Comments: The project site was a "cut and fill" to produce a well pad site and much
of the on-site soils have been disturbed. Soils in the surrounding area include those present
in the Colorado River floodplain which have been disturbed due to agricultural practices,
road construction, and natural resource extraction. An on-site ISDS is not proposed nor is
any other waste -water disposal system, other than the sub -surface disposal of produced
water into an approved injection well, proposed for operation of the site.
5. Geology and Hazard. A description of the geologic characteristics of the area including
any potential natural or man-made hazards, and a determination of what effect such
factors would have on the proposed use of the land.
Staff Comments: The Garfield County GIS maps identify the area of Pad D is located
within an area of moderate "Slope Related Hazard". There are no other geologic hazards
identified on the site of Pad D.
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6. Effect on Existing Water Supply and Adequacy of Supply. Evaluation of the effect of the
proposed land use on the capacity of the source of water supply to meet existing and
future domestic and agricultural requirements and meeting the adequate water supply
requirements of Section 7-104.
Staff Comments: The site is proposed for "Materials Handling" and the transport of all
produced water intended for final disposal will be accomplished via pipeline with minimal
requirements for on-site staff. There are no potable water wells or other potable water
intensive uses proposed for operation of the site. The only on-site personnel present will be
during regular maintenance of the well pad facilities.
7. Effect on Groundwater and Aquifer Recharge Areas. Evaluation of the relationship of
the subject parcel to floodplains, the nature of soils and subsoils and their ability to
adequately support waste disposal, the slope of the land, the effect of sewage effluents,
and the pollution of surface runoff, stream flow and groundwater.
Staff Comments: The site is proposed for "Materials Handling" and the transport of all
produced water intended for final disposal will be accomplished via pipeline with minimal
requirements for on-site staff. An on-site ISDS is not proposed nor any other waste -water
disposal system, other than the sub -surface disposal of produced water into an approved
injection well. The only on-site personnel present will be during regular maintenance of
the well pad facilities.
8. Environmental Effects. Determination of the existing environmental conditions on the
parcel to be developed and the effects of development on those conditions, including:
a. Determination of the long term and short term effect on flora and fauna.
Staff Comment: The Application contains a Wildlife and Sensitive Areas Report (Tab 23)
prepared by WestWater Engineering which concluded that the facility will minimally affect
wildlife and there would be no impacts to native vegetation on the project site due to the
previous disturbance to create the drill pad. The project will contribute to the cumulative
impacts to the wildlife populations in the surrounding area that are experiencing gradual
habitat loss, fragmentation, alteration, and displacement through increased development.
The report does contain a variety of mitigation recommendations. Staff recommends the
Board require the Applicant to adhere to these recommendations as conditions of approval.
b. Determination of the effect on significant archaeological, cultural, paleontological,
historic resources.
Staff Comment: The Application contains a "Class I Cultural Resource Overview"
prepared by The Grand River Institute (Tab 24) which ultimately found that that there are
no archeological or historic sites identified within the project area.
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c. Determination of the effect on designated environmental resources, including critical
wildlife habitat.
(1) Impacts on wildlife and domestic animals through creation of hazardous
attractions, alteration of existing native vegetation, blockade of migration routes,
use patterns or other disruptions.
Staff Comment: The Wildlife and Sensitive Areas Report (Tab 23) prepared by WestWater
Engineering concluded that the facility will minimally affect wildlife.
d. Evaluation of any potential radiation hazard that may have been identified by the
State or County Health Departments.
Staff Comment: There are no radiation hazards identified for this site.
e. Spill Prevention Control and Counter Measures plan, if applicable.
Staff Comments: The Application contains a Spill Prevention, Control and Countermeasure
Plan (Tab 20) prepared by O&G Environmental Consulting , LLC in compliance with the
U.S. Environmental Protection Agency. The plan details how spills are handled,
emergency response, and training.
9. Traffic. Assessment of traffic impacts based upon a traffic study prepared in compliance
with Section 4-502(J).
Staff Comments: The property has public access via CR 331 and Mineota Drive which
terminates at the end of the Mineota Ridge Estates Development. There have been no
issues with site access and the proposed injection well will accept produced water for
treatment, storage, and disposal via pipeline. Once drilling is completed on Pad D there
will be minimal traffic to the site with maintenance vehicles as the primary site traffic.
The application includes a Traffic Analysis (Tab 15) prepared by Kimley-Horn and
Associates Inc. The analysis uses traffic counts from existing injection well pad, Pad T,
located near Divide Creek Road to project future trips on the Pad D site. Pad T is not
connected to the pipeline system installed by Antero and the trip numbers represent
"typical" vehicle trips for an injection well site using trucks to move produced water.
Regular trips with a mid-sized tanker will occur daily to remove petroleum distillates from
the skimming tanks along with an estimated 13 pickup truck trips for a total of 28 trips per
day.
10. Nuisance. Impacts on adjacent land from generation of vapor, dust, smoke, noise, glare
or vibration, or other emanations.
Staff Comments: The site is located on the northern edge of Valley Farms which is an
active agricultural operation. Single family homes are located north of the site in the
Mineota Ridge Estates Subdivision. The 2.02 acre site is an active well pad with
intermittent gas well drilling and production operations including the storage, treatment,
and disposal of produced water into an on-site injection well. During well drilling
operations the site does produce noise, dust, and traffic that impact the surrounding area.
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Once well drilling operations on the well pad are completed minimal traffic and noise from
the pad site is expected. The applicant proposes that all produced water will be transported
via underground pipeline limiting traffic impacts to the surrounding road network and
residential uses. The pump house and produced water storage tanks are screened by an
existing earthen cut. The proposed produced water storage tanks are painted to blend with
the surrounding terrain. The proposed use meets the requirements of the ULUR of 2008, as
amended. A cross sectional elevation of the site is shown below.
WATER STORAGE FACILITY SITE PLAN
VALLEY FARMSPADO
SITUATED IN NI/2 Of SECTON IS
SECTION A
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11. Reclamation Plan. A reclamation plan consistent with the standards in Section 7-212
(B).
7-212 (B) Areas disturbed during development shall be restored as natural -appearing
landforms that blend in with adjacent undisturbed topography (Reso 2009-53).
1. Contouring and Revegetation. Abrupt angular transitions and linear placement on visible
slopes shall be avoided. Areas disturbed by grading shall be contoured so they can be re -
vegetated, and shall be planted and shall have vegetation established and growing based
on 70% coverage as compared with the original on-site vegetation within two (2)
growing seasons, using species with a diversity of native and/or desirable non-native
vegetation capable of supporting the post -disturbance land use.
a. Revegetation of Disturbed Areas. To the maximum extent feasible, disturbed
areas shall be revegetated to a desired plant community with composition of
weed -free species and plant cover typical to that site.
2. Application of Top Soil. Top soil shall be stockpiled and placed on disturbed areas.
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3. Retaining Walls. Retaining walls made of wood, stone, vegetation or other materials
that blend with the natural landscape shall be used to reduce the steepness of cut slopes
and to provide planting pockets conducive to revegetation.
4. Slash Around Homes. To avoid insects, diseases and wildfire hazards all vegetative
residue, slushiness, branches, limbs, stumps, roots, or other such flammable lot -clearing
debris shall be removed from all areas of the lot in which such materials are generated
or deposited, prior to final building inspection approval.
5. Removal of Debris. Within six months of substantial completion of soil disturbance all
brush, stumps and other debris shall be removed from the site.
6. Time Line Plan. Every area disturbed shall have a time line approved for the
reclamation of the site approved by the County and a security shall be provided to
Garfield County in an amount of $2,500 per disturbed acre to be reclaimed prior to the
issuance of a Land Use Change Permit.
Staff Comments: The existing well pad is approximately 2.02 acres in area and no additional
site disturbance is required for the proposed Material Handling facility. The application includes
a reclamation plan under the provisions of the COGCC 1000 series rules and bonding under 700
series rules. The proposed site reclamation plan (Tab 22, Section IV) is intended to address
long term reclamation under the administration of the COGCC but does not address reclamation
of the portion of the site used for Materials Handling if the operation ceases prior to the end of
gas production operations and prior to final closure of the site. The applicant has not provided a
reclamation estimate exclusive to Material Handling under the provisions of Section 7-212 (B)
and Staff assumes the use to be a long term facility. It would be appropriate for the Applicant to
provide an estimate for reclamation for the portion of the site used for Material Handling and
address whether the security under the COGCC rules are adequate to reclaim this site area. A
condition has been added to address final reclamation of the site used for Materials Handling if
that portion of site operations ceases prior to final closure, well capping, and reclamation of the
2.02 acre well pad.
7. Section 7-100 GENERAL APPROVAL STANDARDS FOR LAND USE CHANGE
PERMITS
1. Section 7-101 Compliance with Zone District Use Restrictions
Staff Comments: The proposed use complies with the development standards of the Rural
Zoning District.
2. Section 7-102 Compliance with Comprehensive Plan and Intergovernmental
Agreements
Staff Comments: The property is located in Study Area 2 of the Garfield County
Comprehensive Plan of 2000 and is located within the "influence area" of the Town of Silt.
As required by Intergovernmental Agreement, the Town of Silt was sent a copy of the
application for comment.
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3. Section 7-103 Compatibility
Staff Comment: The site is located on the northern edge of Valley Farms which is an
active agricultural operation. Single family homes are located north of the site in the
Mineota Ridge Estates Subdivision. The 2.02 acre site is an active well pad with
intermittent gas well drilling and production operations including the storage, treatment,
and disposal of produced water into an on-site injection well. During well drilling
operations the site does produce noise, dust, and traffic that impact the surrounding area.
Once welldrilling operations on the well pad are completed minimal traffic and noise from
the pad site is expected. The applicant states that all produced water will be transported via
underground pipeline limiting traffic impacts to the surrounding road network and
residential uses. The pump house is screened by an earthen cut and the proposed produced
water storage tanks are painted to blend with the surrounding terrain. The proposed use
meets the requirements of the ULUR of 2008, as amended.
4. Section 7-104 Sufficient Legal and Physical Source of Water
5. Section 7-105 Adequate Water Supply
6. Section 7-106 Adequate Water Distribution and Wastewater Systems
Staff Comments (For items 4-6): The Pad D site does not have any historic water usage or
other identified water demand. There are no potable water wells or other potable water
intensive used proposed for operation of the site. An on-site ISDS is not proposed nor any
other waste -water disposal system, other than the sub -surface disposal of produced water
into an approved injection well. The only on-site personnel present will be during drilling
operations and regular maintenance of the well pad facilities.
7. Section 7-107 Adequate Public Utilities
Staff Comments: There are no public utilities required for the operation of this site. The
applicant will extend electric power to the site to operate the on-site pumps.
8. Section 7-108 Access and Roadways
Staff Comments: The property has public access via CR 331 and Mineota Drive which
terminates at the end of the Mineota Ridge Estates Development. There have been no
issues with site access and the proposed injection well will accept produced water for
treatment, storage, and disposal via pipeline. Once drilling is completed on Pad D there
will be minimal traffic to the site with maintenance vehicles as the primary site traffic.
9. Section 7-109 No Significant Risk from Natural Hazards
Staff Comments: The Garfield County GIS maps identify the area of Pad D is located
within an area of moderate "Slope Related Hazard". There are no other geologic hazards
identified on the site of Pad D.
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8. Section 7-200 GENERAL RESOURCE PROTECTION STANDARDS FOR LAND USE
CHANGE PERMITS
1. Section 7-201 Protection of Agricultural Lands
Staff Comment. The Pad D site is located on the edge of "Valley Farms" which is an
existing agricultural operation. The Garfield County GIS maps locate Pad D in an area of
Valley Farms as "Irrigated, Inadequate Water". The Pad D site was created as a gas and
oil well pad and is not intended for agricultural production. No impacts to the surrounding
agricultural uses are anticipated.
2. Section 7-202 Protection of Wildlife Habitat Areas
Staff Comment: The Application contains a Wildlife and Sensitive Areas Report (Tab 23)
prepared by WestWater Engineering which concluded that the facility will minimally affect
wildlife and there would be no impacts to native vegetation on the project site due to the
previous disturbance to create the drill pad. The project will contribute to the cumulative
impacts to the wildlife populations in the surrounding area that are experiencing gradual
habitat loss, fragmentation, alteration, and displacement through increased development.
The report does contain a variety of mitigation recommendations. Staff recommends the
Board require the Applicant to adhere to these recommendations as conditions of approval.
3. Section 7-203 Protection of Wetlands and Waterbodies
Staff Comment: The relatively flat 2.02 acre site is located on the edge of a moderate slope
and does not contain any significant topographic features. There are no streams or water
bodies present.
4. Section 7-204 Protection of Water Quality from Pollutants
Staff Comment: The Application contains a Spill Prevention, Control and Countermeasure
Plan (Tab 20) prepared by O&G Environmental Consulting, LLC in compliance with the
U.S. Environmental Protection Agency. The plan details how spills are handled,
emergency response, and training. The tank facility includes secondary and tertiary
containment to reduce the chance of groundwater contamination.
5. Section 7-205 Erosion and Sedimentation
Staff Comment: The Application contains an Area Wide Stormwater Management Plan for
Construction Activities (Tab 21) prepared by LT Environmental, Inc., that identifies the
Best Management Practices for the development of this site to reduce impacts to rivers,
streams, and ditches. The plan will be implemented through a combination of construction
techniques, vegetation and re -vegetation, administrative controls, and structural features.
Staff recommends the Board require the Applicant to adhere to these recommendations as
conditions of approval.
6. Section 7-206 Drainage & Section 7-207 Stormwater Run -Off
Staff Comments: The Application contains an Area Wide Stormwatei• Management Plan
for Construction Activities (Tab 21) prepared by LT Environmental, Inc., that identified the
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Best Management Practices for the development of this site to reduce impacts to rivers,
streams, and ditches. The plan will be implemented through a combination of construction
techniques, vegetation and revegetation, administrative controls, and structural features.
Staff recommends the Board require the Applicant to adhere to these recommendations as
conditions of approval.
7. Section 7-208 Air Quality
Staff Comments: Storage tank venting of Volatile Organic Compounds will be directed to
an on-site and existing combustor to control odors. Dust control measures will be
controlled through the Best Management Practices identified in the Stormwater
Management Plan.
8. Section 7-209 Areas Subject to Wildfire Hazards
Staff Comments: The site is identified as a "Low Hazard" on the Garfield County Wildfire
Hazard Map.
9. Section 7-210 Areas Subject to Natural Hazards and Geologic Hazards
Staff Comments: The Garfield County GIS maps identify the area of Pad D is located
within an area of moderate "Slope Related Hazard" There are no other natural or
geologic hazards identified on the site of Pad D.
10. Section 7-211 Areas with Archeological, Paleontological or Historical Importance
Staff Comments: The Application contains a "Class I Cultural Resource Overview"
prepared by The Grand River Institute (Tab 24) which ultimately found that that there are
no archeological or historic sites identified within the project area.
11. Section 7-212 Reclamation
Staff Comments: Discussed above and condition recommended for long term and final
reclamation.
IV. REFFERAL AGENCY COMMENTS
Comments have been received from the following agencies / community groups and are
integrated throughout this memorandum as applicable.
1. Town of Silt: The Town of Silt submitted a letter in support of the application and
proposed Material Handling on Pad D.
2. Garfield County Road and Bridge Department: Garfield County Road and Bridge
offered comments and suggested conditions which have been added to the recommended
Conditions of Approval. Road and Bridge does not anticipate any significant impact on
traffic volume to the County Road system. Permits are required for
Oversize/Overweight vehicles and the applicant shall abide by Garfield County
standards and regulations.
3. Garfield County Vegetation Management: Specific comments received on December 4,
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2009 from Garfield County Vegetation Management for weed management and re -
vegetation of disturbed area. Conditions have been added to accommodate the noted
items.
4. Garfield County Engineer (Building and Planning): Comments from the Development
Engineer note that noise on Pad D may not exceed state standards measured at the
adjacent residential properties. Also, he noted that grading permits were not submitted
for the extensive exempt pipelines that were installed throughout this well field and
suggests a condition that any new pipeline will require a permit for any land disturbance
of 6,000 square feet or greater, that occurs during future pipeline installation.
5. Burning Mountains Fire Protection District: The District has indicated that they have no
requirements for the proposed Material Handling facility.
6. Colorado Department of Transportation: No comments were received from the
Colorado Department of Transportation.
V. SUGGESTED FINDINGS
Should the BOCC decide to approve the request of the Dixon Water Foundation for Materials
Handling through this Limited Impact Review, Staff suggests the BoCC make the following
findings:
1. That proper public notice was provided as required for the hearing before the Board of
County Commissioners.
2. That the hearing before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted or could be
submitted and that all interested parties were heard at that meeting.
3. That for the above stated and other reasons, the Land Use Change Permit for Material
Handling is in the best interest of the health, safety, morals, convenience, order,
prosperity and welfare of the citizens of Garfield County.
4. That the application, if all conditions are met, can be in conformance with the applicable
Sections of the Garfield County Unified Land Use Resolution of 2008 as amended.
VI. STAFF RECOMMENDATION
The Applicant has applied for a Land Use Change Permit for Material Handling with the
associated transport, storage, treatment, and final disposal into a COGCC approved injection
well. As conditioned, the request addresses the ULUR requirements for approving a Limited
Impact Review and issuing a permit. Staff recommends the Board of County Commissioners
approve the request from Dixon Water Foundation for a Land Use Change Permit for
MATERIALS HANDLING for the transport, storage, treatment, and disposal of produced water
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into an injection well on Pad D, on a property owned by Dixon Water Foundation located in the
southeast quarter of Section 11, Township 24 North, Range 9 West, in Garfield County with the
following conditions:
1. That all representations made by the Applicant in the application, and at the public hearing
before the Board of County Commissioners, shall be conditions of approval, unless
specifically altered by the Board of County Commissioners.
2. That the operation of the facility be done in accordance with all applicable Federal, State,
and local regulations governing the operation of this type of facility.
3. Vibration generated: the facility shall be so operated that the ground vibration inherently
and recurrently generated is not perceptible, without instruments, at any point of any
boundary line of the property on which the use is located.
4. Emissions of smoke and particulate matter: the facility, generator, pump, or related
driveway and parking area shall be so operated so as to comply with all Federal, State and
County air quality laws, regulations and standards, including CDPHE APCC Regulation 1
for dust.
5. Emission of heat, glare, radiation and fumes: the facility, generator, pump, and related
roadway and parking area 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.
6. All equipment and structures associated with this permit shall be painted with non -reflective
paint in neutral colors to reduce glare and mitigate any visual impacts.
7. Volume of sound generated shall comply with the standards set forth in the COGCC Series
800 Rules and Regulations.
8. All lighting associated with the property shall be directed inward and downward towards the
interior of the property.
9. All''exempt pipelines installed to transport produced water to the injection well on Pad D
shall obtain a Garfield County Grading Permit if the total disturbed area exceeds 6,000
square feet.
10. The Applicant shall adhere to the Best Recommended Practices for the Area Wide
Stormwater Management Plan for Construction Activities and the required procedures
detailed in the Spill Prevention, Control and Countermeasure Plan.
11. The Applicant shall adhere to the mitigation recommendations identified in the Wildlife and
Sensitive Area Report.
12. The following recommendations and requests of the County Vegetation Management
Department shall become conditions of approval:
a. The Applicant shall treat the infestation of Russian Knapweed and Chicory located
north of the Pad D site no later than June 15, 2010 and a follow-up treatment no later
than October 15, 2010
b. The Applicant shall comply with the Best Management Practices noted in Section 3 of
14
the Integrated Vegetation and Noxious Weed Management Plan.
13. The following recommendations and requests of the Garfield County Road and Bridge
Department shall become conditions of approval:
• All vehicles hauling equipment and materials for this application shall abide by
Garfield County's oversize/overweight Vehicles permit system.
• All vehicles requiring oversize/overweight permits shall apply for them at the
Garfield County Road & Bridge Department.
• All vehicles requesting oversize/overweight permits shall have on file with Garfield
County Road and Bridge Department a letter or e-mail from Antero Resources
stating said vehicles can obtain permits under their road bond on file with Garfield
County.
14. Prior to issuance of a Land Use Change Permit the Applicant shall provide an estimate for
reclamation of that portion of Pad D that addresses the site reclamation requirements of
Section 7-212 Reclamation in the Unified Land Use Resolution of 2008, as amended. The
Applicant shall verify that the existing bonding requirements under the COGCC Series 700
and Series 1000 Rules for site reclamation and bonding cover these reclamation
requirements and if not, a separate reclamation security will be required.
15
Tom Veljic
From: John Niewoehner
Sent: Monday, November 16, 2009 3:12 PM
To: Tom Veljic
Subject: RE: Antero Injection Wells - D pad and F Pad
I added one more item to my comments ... Antero should be reminded that they need building permits.
From: Tom Veljic
Sent: Monday, November 16, 2009 3:00 PM
To: John Niewoehner
Subject: RE: Antero Injection Wells - D pad and F Pad
Good call. Add it to the list. I think they have to meet COGCC sound requirements, just like Williams.
Tom Veljic
From: John Niewoehner
Sent: Monday, November 16, 2009 2:46 PM
To: Tom Veljic
Subject: Antero Injection Wells - D pad and F Pad
Tom - -
If it's okay with you, I want to raise the question of noise requirements at tomorrow's staff meeting.
Here are my comments on the applications:
• Water Analysis. The County doesn't regulate the quality of the water that is injected. The only thing that the
water analyses tell us is that the water to be injected is salty. No analysis was done for the more interesting
spectrum for organic compounds.
• Noise: No noise study is needed. The generator is next to residential Tots and there is no proof that the generator
meets residential (or industrial) noise standards. We have a policy for noise in the policy manual but it confuses
me. Regardless, I interpret our policy to mean that the sound can not be louder than 50 dB on the residential
property. even tough there are currently no houses on the land now, the property owners have a use -by -right to
construct a house and no be subjected to noise levels greater than 50 dB. (The alternate way to interpret the
policy is that the sound can not be greater than 50 db at a distance of 350 feet from the noise source.)
• Pipelines. Per the County -adopted Int'I Building Code, land disturbance greater than 6000 sq feet require a
grading permit. Thus, any new pipelines being proposed by Antero would require a grading permit.
- - John N
1
GARFIELD COUNTY
Building & Planning Department
Review Agency Form
Date Sent: November 13, 2009
Comments Due: December 4, 2009
Name of application: Dixon Water Foundation/Pad D
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: Thomas Veljic
109 8th Street, Suite 301
Glenwood Springs, CO 81601
Fax: 970-384-3470
Phone: 970-945-8212
General Comments: Garfield County Road and Bridge Department has no objections to
this application with the following comments._
The driveway access to this location is exempt from the driveway access permit system
as the driveway access is already permitted and has been in use for years.
The use of pipelines to transport water and limited use of trucks will not have an impact
on the total traffic volume on the County road system. The limited use of trucks reduces
the impact to the County road system and improves the safety of the roads for all users.
All vehicles hauling equipment and materials for this project shall abide by Garfield_
County's oversize/overweight permit system. All vehicles requiring oversize/overweight
permits shall apply for them at Garfield County Road and Bridge Department. All
vehicles applying for oversize/overweight permits shall have a letter or e-mail on file
with Garfield County Road and Bridge Department from Antero Resources stating said
vehicles can obtain oversize/overweight permits under their road bond on file with
Garfield Count
Name of review agency: Garfield County Road and Bridge Dept
By: Jake B. Mall
Date November 17, 2009
Revised 3/30/00
MEMORANDUM
To: Thomas Veljic
From: Steve Anthony
Re: Comments on Dixon/Antero L1PA 6030 & 6031
Date: December 4, 2009
Thanks for the opportunity to comment on this permit.
My comments are as follows:
Noxious Weeds
Weed Management
The applicant has provided a weed inventory and weed management plan. The level of detail put
into the inventory is appreciated. The maps are provided are in Tab 22, Figure 2 of the permit
application.
Well D is located just south of a three acre infestation of Russian knapweed and a smaller patch of
chicory. Both species are county -listed noxious weeds.
Well F has small patches of knapweed on the northeast and northwest side of the property. To
the direct east, but off the well pad site, is an infestation of Russian knapweed that is about a third
of an acre.
Future reclamation efforts on both sites would benefit from the management of the noxious weeds
located near both well pads.
To prevent further spread of this noxious weed to other sites, staff strongly recommends that the
applicant treat the inventoried noxious weeds by June 15, 2010 and then do a follow-up treatment
by October 15, 2010.
Burning Mountains Fire Protection District
b u rn in gann t s fp d(i4m s n. c om
Thomas Veljic
Garfield County Planning Dept.
Dixon Water foundation/ PAD F #LIPA 6031
1
EXHIBIT
ecember 9, 2009
Thomas:
I have reviewed the proposed Dixon Water Foundation/ PAD F #LIPA 6031. The produced
water transport, storage, and injection well disposal. Burning Mountains Fire Protection District
has no comments or additional requirements to this application.
Orrin D. Moon
Asst. Fire Marshal
Burning Mountains
Fire Protection District.
President, Karen Maddaione-Cochran
Secretary, John Moore Jr.
Director, Robert Thrower
•
Fire Chief, Brit C. McLin
Treasurer, John W. Gredig
Director,
Station #1
Administration
PO Box 2
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
December 15, 2009
Board of County Commissioners
Garfield County
109 8th Street
Glenwood Springs, CO 81601
Dear County Commissioners:
231 No. 7th Street / PA. Bog 70 / Silt, CO 91652
Phone: 970-876-2353 / Fax: 970-876-2937
The Town of Silt supports the .Dixon Water Foundation application for the transport,
storage and disposal of produced water into an injection well on the 2.02 acre site off of
County Road 331 with access via Mineota Drive.
We can support this part of a water management plan for several reasons. First, this
injection well is an integral part of Antero Resources water rnanagernent plan that will
result in a reduction of over 450 truck Ioads per natural gas well drilled in our area.
Second, we understand that injection wells are regulated under the Federal Safe Drinking
Water Act, Underground Injection Control (UIC) program. Third, approvals from the
Colorado Oil and Gas Commission for such wells follow a rigorous review including
pressure testing and assurance of isolation from any potential drinking water source.
Additionally, we feel that Garfield County's review will protect our community from
improper land use development. Finally, we trust that. Antero Resources will continue to
treat any water before disposing of it in the injection well.
Considering current technologies, the use of injection wells reflects a responsible
approach to water management in the gas well development process. We appreciate
Antero Resources and their efforts to continuously improve their processes and to
collaborate with the Town of Silt when making changes in their development approaches.
Should a new, applicable technology become available for water management or any
stage of well development, we support Antero considering. its use.
Sincerely,
David C. Moore
Mayor
Cc: Jon Black, Antero Resources; Robert Potts, Dixon Water Foundation
SURETY INFORMATION -4 record(s) returned.
Surety ID
Status
Bond Type
Amount
Coverage
Received
Instrument
Inst.#
2004-0071
ACTIVE
PLUGGING
$100,000.00
BLANKET
9/16/2004
INSURANCE
LPM8756615
2004-0072
ACTIVE
SURFACE
$25,000.00
BLANKET
9/16/2004
INSURANCE
LPM8756616
2.007-0005
ACTIVE
WASTE MGMT
FACILITY
$50,000.00
INDIVIDUAL
1/11/2007
INSURANCE
LPM8874711
2007 0016
ACTIVE
WASTE MGMT
FACILITY
$50,000.00
INDIVIDUAL
2/12/2007
INSURANCE
LPM8874751
COGIS - Company Detail
COGIS - Company Detail
COMPANY DETAIL REPORT - Employee List
ANTERO RESOURCES PICEANCE CORPORATION #10079
1625 17TH ST STE 300
DENVER , CO 80202
USA
PHONE (303) 357-7310 FAX (303) 357-7315
APPROVED OPERATION(S'.
Operation Type
Start Date
LEVY PAYOR
9/16/2004
OPERATOR
9/16/2004
PRODUCER
9/16/2004
- 3 record(s) returned.
EXHIBIT
Page 1 of 1
REchivcro
DEC 1 4 ?.009
GARFIELD COUNTY
BUILDING & PLANNING
http://cogcc.state.co.us/cogis/CompanyDetail.asp?OPNum=10079&COID=6676 12/14/2009