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HomeMy WebLinkAbout2.0 BOCC Staff Report 12.21.2009Exhibits — Limited Impact Review — Dixon Water Foundation — LIPA 6031 BoCC Public Hearing (12/21/2009) Exhibit Letter .' 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 H Letter from Garfield County Road and Bridge dated November 17, 2009 I Memo from Steve Anthony, Garfield County Weed Management, dated December 4, 2009 J Letter from Orrin D. Moon of the Burning Mountains Fire District dated December 9, 2009 K Letter from David C. Moore, Mayor, the Town of Silt, dated December 15, 2009 L COGCC Company Report Detail, Bonding Coverage, received December 14, 2009 PG /\ L� U•r' p REQUEST I EXHIBIT _F,_______ BOCC 12/21/2009 TV PROJECT INFORMATION AND STAFF COMMENTS APPLICANT/PROPERTY OWNER REPRESENTATIVE PARCEL ID PROPERTY SIZE/SITE AREA LOCATION ACCESS EXISTING ZONING LIPA 6031 — Limited Impact Review: Materials Handling for the transport, storage, and disposal of produced water into an injection well (Pad F). Dixon Water Foundation Antero Resources/Rick Blankenship 2179-114-00-114 1377 acres/2.02 Two miles south of Silt, Co off of CR 331 and Mineota Drive 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 F) 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 four 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 Mineota Drive to both Pad F and the adjoining Pad E, which is located at the northern edge of the Valley Farms property. The site currently contains a number of temporary and permanent storage tanks and skimming tanks. The producing wells and injection well are centrally located on the pad and there are existing earthen berms located on the northwest, northeast, and southeast side of the drilling pad. There is a proposed 4-12 foot high hay bale screen on the southeast comer of the site. Once drilling is complete and all of the temporary tanks are removed only a portion of the pump house will be visible above the berm from the Mineota Drive. The produced water storage tanks are painted to blend into the surrounding landscape. A final site plan is shown below. 2 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(E) Land Suitability Analysis 1. Public Access to Site. Show historic public access to or through the site. 2. Access to adjoining Roadways. Idents 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 F 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 13 of the application and the Traffic Analysis is in Tab 14. 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 northeast to an agricultural area known as Valley Farms and to the southeast to an open drainage ditch. The Colorado River is located approximately 1'A miles north of the site. 3 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 F. An open drainage ditch is located to the southeast of Pad F. 7. Water. Historic irrigation, tailwater issues, water demands, adequate water supply plan pursuant to Section 7-104. Staff Response: The Pad F 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. 8. Floodplain. Flood plain and flood fringe delineations. Staff Response: The site for Pad F 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 F is located within an area of moderate "Slope Related Hazard". There are no other geologic hazards identified on the site of Pad F. 11. Natural Habitat. Existing flora and fauna habitat, wetlands, migration routes. Staff Comments: The Application contains a Wildlife and Sensitive Areas Report (Tab 21) 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 22) which ultimately found that that there are no archeological or historic sites identified within the project area. 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 4 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 14 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 F is located on the northern edge of the Valley Farms Ranching operation and south of the Mineota Ridge Estates development. The site currently contains a natural gas well pad approved by the COGCC with producing wells and an injection well. The Applicant is proposing a 4-12 foot high hay bale screen on the southeast corner of Pad F as a buffer to an adjacent single family home. 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. 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 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 that the area of Pad F is located within an area of moderate "Slope Related Hazard". There are no other geologic hazards identified on the site of Pad D. 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 5 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 floodplain, 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 Continent: The Application contains a Wildlife and Sensitive Areas Report (Tab 21) 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 22) which ultimately found that that there are no archeological or historic sites identified within the project area. 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. 6 Staff Comment: The Wildlife and Sensitive Areas Report (Tab 21) 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 18) 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 F there will be minimal traffic to the site with maintenance vehicles as the primary site traffic. The application includes a Traffic Analysis (Tab 14) 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 F 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. 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 Applicant is proposing a combination of earthen berms and a 4-12 foot high hay bale screen wall to obscure Pad F from the adjoining residential uses along 7 with painting the produced water storage tanks to blend with the surrounding terrain. It is unclear how the hay bale screen wall will maintain integrity and offer long term screening of the site. The Applicant may need to revise this proposal by increasing the earthen berm in this location and reducing the height of the hay bale wall to maintain structural integrity. A condition has been added for a revision to this portion of the site plan. 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 VUJ-CY TO p„ SECTION A 1 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. 8 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 20, 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. 9 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 well drilling 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 Applicant is proposing a combination of earthen berms and a 4-12 foot high hay bale screen wall to obscure Pad F from the adjoining residential uses along with painting the produced water storage tanks to blend with the surrounding terrain. It is unclear how the hay bale screen wall will maintain integrity and offer long term screening of the site. The Applicant may need to revise this proposal by increasing the earthen berm in this location and reducing the height of the hay bale wall to maintain structural integrity. A condition has been added for a revision to this portion of the site plan. 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 F 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 F there will be minimal traffic to the site with maintenance vehicles as the primary site traffic. 10 9. Section 7-109 No Significant Risk from Natural Hazards Staff Comments: The Garfield County GIS maps identify the area of Pad F is located within an area of moderate "Slope Related Hazard". There are no other geologic hazards identified on the site of Pad F. 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 F site is located on the edge of "Valley Farms" which is an existing agricultural operation. The Garfield County GIS maps locate Pad F in an area of Valley Farms as "Irrigated, Inadequate Water". The Pad F 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 21) 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 18) 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 19) 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. 11 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 Stormwater Management Plan for Construction Activities (Tab 19) prepared by LT Environmental, Inc., that identified 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 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 F is located within an area of moderate "Slope Related Hazard". There are no other natural or geologic hazards identified on the site of Pad F. 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 22) 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 F. 2. Garfield County Road and Bridge Department: Garfield County Road and Bridge offered comments and suggested conditions which have been added to the recommended 12 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, 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 F 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. 13 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 into an injection well on Pad F, 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. 9. 10. The applicant shall revise the earthen berm and hay bale screen wall design by increasing the size of the earthen berm and lowering the hay bale screen wall prior to issuance of a Land Use Change Permit. Volume of sound generated shall comply with the standards set forth in the COGCC Series 800 Rules and Regulations. All lighting associated with the property shall be directed inward and downward towards the inter of the property. All exempt pipelines installed to transport produced water to the injection well on Pad F shall obtain a Garfield County Grading Permit if the total disturbed area exceeds 6,000 square feet. 14 11. 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. 12. The Applicant shall adhere to the mitigation recommendations identified in the Wildlife and Sensitive Area Report. 13. 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 located northeast ,northwest, and east of the Pad F 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 the Integrated Vegetation and Noxious Weed Management Plan. 14. 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. 15. Prior to issuance of a Land Use Change Permit the Applicant shall provide an estimate for reclamation of that portion of Pad F 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 lots 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 Intl 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 i GARFIELD COUNTY Building & Planning Department Review Agency Form EXHIBIT Date Sent: November 13, 2009 Comments Due: December 4, 2009 Name of application: Dixon Water Foundation/Pad F 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 LIPA 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 Thomas Veljic Garfield County Planning Dept. Dixon Water foundation/ PAD F #LIPA 6031 burningmntsfpd@,msn.com 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 Maddalone-Cochran Secretary, John Moore Jr. Director, Robert Thrower Treasurer, John W. Gredig Director, Fire Chief, Brit C. McLin 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 Town o, f Sip, December 15, 2009 Board of County Commissioners Garfield County 109 8th Street Glenwood Springs, CO 81601 Dear County Commissioners: EXHIBIT 231 No. 7th Street / P.O. Box 70 / Silt, CO 81652 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 management plan that will result in a reduction of over 450 truck loads 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 COGIS - Company Detail COGIS - Company Detail COMPANY DETAIL REPORT - EmployeeJist ANTERO RESOURCES PICEANCE CORPORATION - #10079 1625 17TH ST STE 300 DENVER , CO 80202 USA PHONE (303) 357-7310 FAX (303) 357-7315 Operation Type Start Date LEVY PAYOR 9/16/2004 OPERATOR 9/16/2004 PRODUCER 9/16/2004 - 3 record(s) returned. ETY INFORMAT ON - 4 record(s) returned. Page 1 of 1 DEC 1 42009 GARFIELD BUILDING 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 2007-0005 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 http://cogcc.state.co.us/cogis/CompanyDetail.asp?OPNum=10079&COID=6676 12/14/2009 COGIS - Company Detail COGIS - Company Detail COMPANY DETAIL REPORT - Employee List ANTERO RESOURCES PICEANCE CORPORATION - #10079 1625 17TH ST STE 300 DENVER, CO 80202 iECEJ\/ USA PHONE (303) 357-7310 FAX (303) 357-7315 DEC 1 4 2009 APPROVE OPERATION(S) - 3 record(s) returned. Operation Type Start Date LEVY PAYOR 9/16/2004 OPERATOR 9/16/2004 PRODUCER 9/16/2004 GAARFIELD COUNTY BUILDING & PLANNING Page 1 oC 1 SURETY INFORMATION - 4 records) 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 2007-0005 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 http://cogcc.state.co.us/cogis/CompanyDetail.asp?OPNum=10079&COID=6676 12/14/2009