Loading...
HomeMy WebLinkAbout1.2 Application Part 3Garfield County Board of County Commissioners Public Hearing Exhibits Limited Impact Review Land Use Change Permit Water Storage — Water Impoundment Facility Known as the House Log Gulch Tank Farm (File LIPA-7934) Applicant: Berry Petroleum September 15, 2014 'Exhilik# =Exhibit Descrjp`tion - 1 Public Hearing Notice Information Form and Attachments 2 Garfield County Land Use and Development Code, as amended 3 Garfield County Comprehensive Plan of 2030 4 Application 5 Staff Report 6 Staff Presentation 7 Referral Comments from Garfield County Consulting Engineer 8 Referral Comments from Garfield County Road and Bridge 9 Referral Comments from Garfield County Vegetation Manager 10 Referral Comments from Garfield County Environmental Health 11 Referral Comments from Colorado Parks and Wildlife 12 Referral Comments from the Town of Parachute 13 Referral Comments from Colorado Division of Water Resources 14 Referral Comments from Garfield County Oil and Gas Liaison 15 Referral Comments from Grand Valley Fire Protection District 16 17 18 19 20 21 22 23 24 25 26 27 EXHIBIT BOCC 9/15/14 File No. LIPA-7934 GH PROJECT INFORMATION AND STAFF COMMENTS REQUEST Limited Impact Review for a Water Impoundment/Storage Facility APPLICANT Berry Petroleum PROPERTY OWNER Marathon Oil Company, Berry Petroleum, PGR Partners LLC, Wapiti Oil and Gas LLC ASSESSOR'S PARCEL # 2135-321-00-009 PROPERTY SIZE LOCATION ACCESS The Site is approximately 11.77 acres in size on an overall tract of approximately 880 acres. The site is located approximately 10 miles northwest of the Town of Parachute. It is located in the SE1/4SE1/4 Section 32, T5S, R96W. The facility is accessed by a series of private roads off of County Road 215 built and maintained for use by the natural gas industry. The private roads are known as Garden Gulch Road and Garden Gulch Extension EXISTING ZONING The property is zoned Resource Lands (RL) Plateau I. GENERAL PROJECT DESCRIPTION The Applicant seeks to convert an existing approved storage facility/staging area to a production water storage facility. The Facility is known as the House Log Gulch Tank Farm. The facility will include at build -out three 130,000 bbl water storage tanks. The tanks will be approximately 48 ft. tall and 140 ft. in diameter. The tanks will include floating ceiling or skimmer units for removal of potential vapors. The facility will also include the following support infrastructure: • 500 bbl gun barrel tank for initial treatment - separation and removal of oil • 300 bbl oil storage tank • Vapor combustion unit 1 • Natural gas powered generator • DAF building • Electrical Powered pump - pump house building • Utility building • Existing water pipeline system & proposed pipeline for connection to the system • Containment berms • 8 ft. high security fence, existing fence will be expanded to include the new facilities • Monitoring Wells and leak detection systems { Ilr,u.• I,,,(•ulth n,k I ,If TOWN OF PARACHUTE The existing storage/staging facility was approved for a Conditional Use Permit in 2008 and most recently issued an updated Land Use Change Permit in 2011. It included approximately 13.84 acres in size owned by both Berry Petroleum and Marathon Oil Company. That portion of the site owned by Berry Petroleum is proposed for conversion to the water tank farm use. The site has been fully developed, graded and improved for the existing storage yard. Only a minimal amount of new grading (site 2 disturbance) will be necessary for the tank farm at the northeast portion of the site and for an additional service/access road. The site is served by private access roads known as the Garden Gulch Road and Garden Gulch Extension Road. The roadway is shared between several operators and is subject to extensive operations and maintenance agreements. No change to the off- site access roads is proposed. Internal circulation will include the widening of the initial access segment to 30 ft. in width and construction of a 10 ft. wide service road to the gun barrel storage tank on the upper portion of the site. The Applicant will comply with COGCC Permitting including Form 28 requirements. COGCC requirements include leak detection systems, monitoring wells, containment requirements (including EPA requirements), and Spill Prevention Control and Countermeasures Plans. 3 Water will be transported to the site by an existing pipeline system. A small pipeline extension will be required to connect the facility. Trucking of water to the site would only be utilized in emergency situations. The facility will be unmanned with the exception of monitoring and inspections. No potable water or permanent sanitation facilities are proposed with portable toilets to be on site or on adjacent sites in accordance with OSHA regulations. The Application represents that the facility will enable the reclamation of on-site storage pits on Berry natural gas development locations and the tanks will be constructed in phases. The initial phase will be construction of one 130,000 bbl tank with the additional two tanks constructed as demand dictates. AERIAL PHOTOGRAPH AND ADJOINING OIL AND GAS ACTIVITY APPLICANT'S SITE II. LOCATION - SITE DESCRIPTION The site is currently developed with an existing leveled and graded bench for the proposed facility. The site is improved with a compacted driving surface and currently does not have any vegetation on the actively used portion of the site. The site is just 4 north of and approximately 100 ft. from House Log Gulch. Little Creek is the other nearest drainage approximately 3,000 ft. north of the site. The site slopes up moderately to the north and reflects an extensive cut slope and grading to create the existing level storage bench. Outside of the developed portion of the site the surrounding area has native sage brush, grasses and shrub land vegetation including some stands of Aspen. VIEW OF THE SITE LOOKING WEST Applicant's Site is to the Rear Marathon Facility to remain a Storage Yard III. PUBLIC COMMENTS AND REFFERAL AGENCY COMMENTS Public Notice was provided for the Board's public hearing in accordance with the Garfield County Land Use and Development Code as amended. No public comments have been received at this time. Comments from referral agencies and County Departments are summarized below and attached as Exhibits. 1. Garfield County Consulting Engineer, Chris Hale, Mountain Cross Engineering: • Questioned details on the noise study and containment area volumes. • Looked for grade information on the Gun Barrel tank access road. • Noted the impervious area of the tank surfaces and related storm water drainage issues. 5 2. Garfield County Road and Bridge Department: Indicated that they had no issues with the Tank Farm. 3. Garfield County Vegetation Manager, Steve Anthony: • Indicated that the noxious weed map was acceptable but the Noxious Weed Management plan was not acceptable. • Indicated that plumeless thistle rosettes should be treated this summer or early fall and requested a site visit to review weed management efforts. 4. Garfield County Environmental Health, Morgan Hill Environmental Health Specialist: • Indicated the need for proper air quality permits from CDPHE. • Supported the use of tanks rather than ponds to reduce air emissions. • Made note of the proximity to House Log Gulch and shallow groundwater as a concern in the event of a spill. 5. Colorado Parks and Wildlife, Scott Hoyer District Wildlife Manager: • Indicated that they do not view the project as being overly detrimental to wildlife. • Noted the existing extensive natural gas production development in the area. • Urged the operator to follow BMP's listed in the project description to avoid or mitigate impacts on wildlife and habitat. 6. Town of Parachute, Stuart S. McArthur, Town Administrator: Indicated that the Town had no issues regarding granting this application. 7. Colorado Division of Water Resources: • Noted that the water stored is from non -tributary sources and not subject to administration in the prior appropriation system. • They had no objection to the application. 8. Garfield County Oil and Gas Liaison, Kirby Wynn: Commented that the site seemed appropriate given surrounding existing oil and gas facilities and the rural area with minimal potential for nuisance concerns. He also forwarded COGCC Form 2A application materials. 9. Grand Valley Fire Protection District: Commented that the Application looks fine and there aren't any further requirements from the Fire District. The District has commented on previous applications that Garden Gulch Road and Garden Gulch Extension Road meet the districts needs for access. 10.Other agencies that did not submit comments include: (a) the Colorado Department of Public Health and Environment Air and Water Quality Divisions; and (b) Bureau of Land Management. 6 IV. STAFF COMMENTS AND ANALYSIS In accordance with the Land Use and Development Code, the Applicant has provided detailed responses to the Submittal Requirements and applicable sections of Article VII, Divisions 1, 2, and 3, including Section 7-1001 Industrial Use Standards. The Application materials include an Impact Analysis and related consultant reports, technical studies, and plans. 7-101 — 103: Zone District Regulations, Comprehensive Plan & Compatibility The proposed use demonstrates general conformance with applicable Zone District provisions contained in the Land Use and Development Code and in particular Article 111 standards for the Resource Lands Plateau zone district, including height restrictions. The Comprehensive Plan 2030 designates the site as RPN (Resource Production/Natural). Excerpts from the Land Use Description Section Chapter 2, Section 8, Natural Resources and Section 9, Mineral Extraction are provided below. Chapter 2 — Land Use Designations Resource Production/Natural (RPN): Agricultural and grazing land use primarily oil, gas, oil shale, coal mining, gravel mining, including support buildings and facilities needed for the natural resource extraction industry, and other business uses that can be adequately buffered from adjacent incompatible uses. Also includes area with significant environmental constraints such as upper plateaus, talus slopes, and steep slopes over 20%. Private inholdings mostly surrounded by public lands with limited public access. Section 8 — Natural Resources Goals 1. Ensure that natural, scenic, ecological, and critical wildlife habitat resources are protected and /or impacts mitigated. 4. Ensure the appropriate reclamation of land after extraction processes. Policies 1. The County will encourage and cooperate with the protection of critical habitat including state and federally protected, threatened, or endangered species. Section 9 — Mineral Extraction Goals 1. Ensure that mineral extraction activities mitigate their effects on the natural environment, including air quality, water quality, wildlife habitat or important visual resources. 2. In working with mineral extraction projects, the county will protect the public health, safety and welfare of its citizens. House Log Gulch Tank Farm Comprehensive Plan Future Land Use Map - Excerpt Green: Resource Production/Natural Purple: Industrial White: Public Lands Red Band: Parachute Area of Influence Policies 3. Mineral resource extraction activities will protect critical wildlife habitat as identified by state and federal agencies. Development within these designations that cannot be designed, constructed and conducted so as to have a minimum adverse impact upon such habitat or these wildlife species shall be discouraged. 8 4. Facilities that are appurtenances to oil/ gas development activities (compressors, etc.) are considered appropriate in all land uses so long as they meet the respective mitigation requirements of the ULUR to maintain compatibility with surrounding land uses. The location and design of the proposed facility is in general conformance with the Comprehensive Plan Policies subject to proper mitigation of impacts. The request demonstrates general compatibility with adjoining uses that are primarily oil and gas exploration/production and agricultural associated with cattle grazing. 7-104 & 105: Source of Water & Waste Water Systems The Application represents that the facilities will be operated with only occasional staff activities and monitoring. The proposal indicates that the uses will be adequately served by provision of water by Berry at their field offices and carried in individual staff vehicles. Sanitary facilities are provided by portable toilets at numerous sites in the field per OSHA standards. The Application documents that the source of production water handled on the site is the non -tributary Williams Fork Formation. 7-106: Public Utilities No public utilities are required for operation of the facility. A natural gas powered generator will be installed on site. EXISTING INTERNAL DRIVEWAY 9 7-107: Access & Roadways The site is accessed from the site from County Road 215 via Garden Gulch Road, Garden Gulch Extension Road. The submittals include a waiver request regarding the roadway standards. Internal Circulation The Applicant's site plan shows internal circulation including a widened driveway off of the Garden Gulch Extension Road, a truck load out circulation area, and an access to the upper Gun Barrel Tank with a maximum grade of 10%. Internal circulation needs to maintain dust suppression and comply with air quality dust mitigation plans. Garden Gulch Extension and Garden Gulch Road The Applicant is requesting waivers for these roads in regard to the detailed assessment of the road pursuant to Policy 01-14 and from the roadway standards contained in the Land Use and Development Code. These sections of roadway typically carry more traffic, have wider travel lanes, more frequent drainage improvements, some sections with steeper grades, challenging terrain including some cliff sections, and slower speed limits. They are jointly used by several oil and gas operators in the area and maintained pursuant to agreements between the various users. These road sections are discussed in several sections of the Application including the Traffic Study, the Standards Section, the Waiver Section, and a collection of road access agreements, maintenance agreements, and road alignment information contained in the Access and Roadway Section of the Application. ip TYPICAL GARDEN GULCH iimEXTENSION ROAD SECTION 10 Based on the Application review and a site visit to the roadway Staff offers the following summary of issues and waivers requests. • The Garden Gulch Road is approximately 6 miles in length and the Garden Gulch Extension is estimated to be approximately 7 miles in length. • Access to the roadways is restricted by a security gate and a vehicle safety area at the base of the roadway. • The roadways generally maintain a two way cross section with a significant berm on the outside of the roadway (toward the slope) and a drainage swale along the inside of the roadway (adjacent to the cut slope). In a couple of narrow sections the berm is replaced by concrete "jersey barriers" and pull-outs are common in steeper or narrower sections. • Grades can be steep and turning radius at switch backs are generally widened and extended to accommodate large vehicles. • The road surface is reflective of active and ongoing maintenance with compacted natural material or gravel. No obvious surface issues such as ponding or ruts were observed. • Extensive storm water improvements are noted along many sections of the roadway including settlement ponds, culverts, and small areas for detention. • Where additional stabilization was warranted the slopes were stabilized through concrete application (shot-crete), soil anchors/bolts, retaining walls, and protective fencing. GARDEN GULCH ROAD SECTION 11 The Applicant represented that maintenance and assessment of required improvements/repairs of the roadway is ongoing and includes work by a number of professional companies including Rock Solid Engineering. The Application includes in the Standards Section an assessment of various safety related improvements and inspections. The Application also includes an Engineers opinion/assessment letter from Rock Solid Solutions signed by their professional engineer that the roadway system can and will continue to provide adequate access if properly maintained and is "very adequate" for the intended use of access to oil and gas sites. . In order to approve the Application waivers from the Roadway Standards (contained in Section 7-107) need to be approved for the Garden Gulch and Garden Gulch Extension Roadway sections. The Staff assessment is that waivers from standards in Table 7-107 are needed to address the following topics. • Minimum ROW Width: • Lane Width: • Shoulder Width: • Ditch Width: • Cross Slope: • Shoulder Slope: • Minimum Turn Radius: • Maximum Grade: Easement widths are set forth in roadway agreements. Most sections appear to meet standards. Varies Varies, often replaced with berm cross-section. Road is typically graded toward the inside/cut slope. Varies Need additional information to confirm compliance. General representation that grades exceed 10% The Traffic Study identifies the minimal amount of traffic associated with the proposed use and no additional improvements are recommended by the Study. 7-108: Natural Hazards The Application provides significant information on natural hazards including information on soils, landslides, rock fall, earthquakes and a detailed geologic hazard report. The geologic hazard report notes that landslides and debris flows could potential occur along the access road to the facility, but not at the facility itself. Some flooding potential was noted along the low portion of the access road but not the water storage site itself. The report indicates "Based on the available geologic information there is little or no expected impact to the facility resulting from geologic hazards." 7-109: Fire Protection The Application includes the Emergency Response Plan for the site. The Application was referred to the Grand Valley Fire Protection District and they provided comments that it "looks fine" and indicated no further requirements from the District. 7-201: Agricultural Lands With no new disturbed areas and with fencing in place and to be extended to include any new facilities no impacts on cattle grazing which occurs in the area are anticipated. 12 7-202: Wildlife Habitat Areas The Applicant has provided a wildlife habitat study completed by WestWater Engineering (WWE), dated June 2013 and revised March 2014. November 2012. The Study indicates that several threatened, endangered, or species of concerns have potential to be found in the project area including the Greater Sage Grouse. j, 1 L r k 1'tty (r SOURCE: GARFIELD COUNTY GREATER SAGE -GROUSE CONSERVATION PLAN -�a `vel, PARACH TE • • Analysis Area Boundary PrioIrty Habitat General Habitat 220,%7 Ac 31,070 Ac. 28,023 .4c. n BIM Lands LiSFS Lands Private Lands I7 Municipal Boundary County Boundary Interstate �/► ,tate Highway The other species include the Northern Leopard Frog, Midget Faded Rattlesnake and the Townsend's Big Eared Bat, and several fish species in the Colorado River. No threatened or endangered or sensitive plan species or their associated habitats are 13 known to occur within the project area. No raptor nests were observed within a'/ mile radius of the site. The Colorado Parks and Wildlife referral comments indicated that they do not view the project as being overly detrimental to wildlife Habitat mapping from the Garfield County Greater Sage Grouse Conservation Plan indicates that the site is not within general or priority habitat. The Applicant's wildlife study indicates that "...sage grouse prefer vast, continuous sagebrush communities, and the Water Storage Tank Facility is located on a previously developed site in a drainage bottom where sagebrush is interspersed with mountain shrub communities". The WestWater Engineering report includes Protection of Habitat recommendations (dated June 2013) which should be included as conditions of approval. In regard to Greater Sage Grouse the report recommends deterrent devices to prevent use of structures as hunting perches, keeping speed limits low and adding signage warning of the presence Greater Sage Grouse. The report also includes recommendations on weed management and control which should also be included as conditions of approval. 7-203: Protection of Water Bodies The site location is adjacent to the House Log Gulch drainage just south of the site. The facility has an existing Spill Prevention Containment and Countermeasures (SPCC) Plan and storm water management — drainage plans which provide protection from impacts to water bodies or drainages. A copy of the SPCC Plan for the site has been provided. The Applicant's plans include several levels of containment should a leak occur. A condition of approval should require confirmation that the containment volumes are in compliance with all COGCC and EPA requirements. Additional specifics on the leak detection, leak warning, and monitoring well requirements should be provided including confirmation of compliance with all COGCC requirements including timing for monitoring well installation. 7-204: Drainage and Erosion (Stormwater) The Applicant has provided a copy of the State Storm Water Management Permit and Grading and Drainage Plans for the site. The Storm Water Permit includes re -seeding along with other Best Management Practices. Given the extensive existing cut slope on the site specific attention to reseeding and stabilization of slopes should be required. The permit and drainage plans include detailed structural BMP's for the site. 7-205 Environmental Quality The Air Quality section of the Application addressed the Fugitive Dust Control Plan. Additional air quality permits from the CDPHE will likely be required for a variety of improvements and equipment. Copies of the permits need to be provided for the County's records and to confirm compliance. 14 Storm Water Management Permits, Installation of Best Management Practices, SPCC Plans, and Reclamation and Erosion Control Plans address protection of water quality. 7-206: Wildfire Hazards The site is represented to be in a moderate wildlife hazard category. The Emergency Response Plan is included in the Application and has a section specifically addressing Fire Prevention. The site layout maintains an access road separation between the facilities and natural vegetation. The Emergency Response Plan includes direction to not allow weeds or grasses to grow or accumulate around equipment and facilities. 7-207 Natural and Geologic Hazards The NRCS Soils information and the Geologic and Soils Hazard Report contain information on soil types, limitations, local geology, and geologic hazards. No significant geological hazards affecting the site were noted. Based on the size and scale of the storage tanks engineered foundations should be required. 7-208: Reclamation The Applicant has included a reclamation plan that addresses re -vegetation and reclamation. Reclamation is covered by existing bonds with COGCC. 7-301 & 302: Compatible Design, Parking, and Loading The proposed use is consistent with and compatible with typical oil and gas exploration and production activities. Large areas of the site plan are available for parking, circulation, and loading activities. 7-303: Landscaping As an industrial use landscaping submittals and standards are not applicable to the proposal. 7-304: Lighting Lighting shall be limited to down directed, shielded and internally oriented fixtures in accordance with the County's lighting standards. 7-305 Snow Storage Adequate portions of the site plan are available for snow storage. 7-306 Trails Trails standards are generally not applicable based on the industrial use. 15 7-1001 INDUSTRIAL USE STANDARDS The Applicant represents that the facility will comply with all the Industrial Use Standards contained in Section 1001. The following summary addresses the applicable provisions. • The facility is located on a large tract of property in a remote area with setbacks well in excess of those required. • The site is effectively screened by topography, geographical features and distance. • All industrial products and wastes will be stored in accordance with all applicable state and federal regulations. • The Applicant represents that COGCC noise limits will be adhered to. Noise associated with the site was determined to be associated with the generator and pumps on site. The noise analysis indicates that the sound will be 45.1 db(A) at the closest property line which is 420 ft. from the noise generators. This meets not only the industrial use standard but also the residential standard of 50 dB(A). • No other nuisance or ground vibration hazards are anticipated based on type of use, existing operation, COGCC compliance, and the remote location. V. SUGGESTED FINDINGS FOR APPROVAL 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. The hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons the proposed Land Use Change Permit for the Berry Petroleum House Log Gulch Tank Farm is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoptions of conditions and granting of waivers from the roadway standards including road grades, easement widths, lane widths, and road cross section details, the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. VI. RECOMMENDATION The following draft conditions are provided for the Board of County Commissioners consideration for approval of the Limited Impact Land Use Change Permit in conjunction with the suggested findings noted above. 16 1. That all representations made by the Applicant in the application shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. That the operation of the Berry House Log Gulch Tank Farm shall be done in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility. 3. That the Land Use Change Permit for the Berry House Log Gulch Tank Farm shall replace previous approvals for a Warehouse Facility/Storage Yard on that portion of the site covered by the proposed Tank Farm site plan. Adjacent storage areas currently operated by Marathon Oil and Gas under the existing permit shall remain subject to the previous approvals and conditions. Conditions Prior to Issuance 4. Prior to issuance of the Land Use Change Permit, the Applicant shall provide copies of any current air quality permits from CDPHE and a summary of future permits to be required. Copies of future permits shall be provided to the County upon issuance by the CDPHE and the Applicant shall maintain compliance with all air quality permitting requirements. 5. Prior to issuance of the Land Use Change Permit, the Applicant shall provide clarification of the vapor skimmer and/or floating ceiling vapor mitigation installations planned for the water storage tanks. Said clarification shall include the system to be used and whether CDPHE air quality permits will be required. Copies of any CDPHE permits shall be provided to the County upon issuance. 5. Prior to the issuance of the Land Use Change Permit the Applicant shall provide an updated weed management plan for review and approval by the County Vegetation Manager. A follow-up site visit by the County shall be a component of the updated weed management plan. 6. Prior to issuance of the Land Use Change Permit the Applicant shall provide documentation confirming that the containment improvements and volumes are in compliance with COGCC and EPA regulations. The Applicant shall maintain compliance with all SPCC Plan provisions 7. Prior to the issuance of the Land Use Change Permit the Applicant shall provide a detailed update on the status of the current re -vegetation and stabilization of the site demonstrating compliance with the current approvals. The Applicant shall comply with all re -vegetation, stabilization and reclamation representations contained in the Applicant including the steep cut slopes north of the water storage tanks. 17 Other Conditions 8. Compliance with all COGCC leak detection, monitoring well, and high level monitoring/alarms shall be required. Copies of the COGCC Form 28 approvals shall be provided to the County upon issuance by COGCC. Monitoring wells stall be installed in accordance with COGCC timing requirements and testing shall include the two springs in the vicinity of the site if accessibility and production allows for testing as noted in the Application submittals. 9. A waiver is granted from Section 7-107 Roadway Standards for the access roadways serving the site based on compliance with the waiver criteria contained in Section 4-118, the representations contained in the Application including but not limited to Access and Roadway submittals, Section 7-107 Standards Analysis, and the statement by a qualified professional engineer (Rock Solid Solutions) confirming the adequacy of the Garden Gulch and Garden Gulch Extension sections of the access roadways. 10. Engineered foundations shall be required for the water tank installations. Applicants shall obtain building permits from Garfield County for buildings, structures, and fences as required by the County Building Department. 11. The facility shall maintain compliance with CDPHE Storm Water Management Permits, Drainage and Grading Plans, and Reclamation Plans for the site. 12. The facility shall maintain compliance with COGCC Noise Standards/Regulations including noise impacts at the closest property line. As represented the Applicant shall utilize an electric powered pump to minimum noise impacts. 13. The facility shall maintain compliance with Section 7-306 Lighting, with all lighting to be directed inward and doward toward the interior of the site. Facilities and storage tanks shall be painted a non -glare neutral color to lessen any visual impacts. 14. The Applicant shall comply with the recommendations and Best Management Practices contained in the WestWater Engineering Protection of Wildlife Habitat Areas Report, dated June 2013. Compliance shall include but is not limited to installation of deterrent devices to prevent raptors from utilizing structures on site as hunting perches, speed limits and notification signs for Greater Sage Grouse awareness, wildlife friendly fencing standards, removal of garbage and food items on a daily basis or use of bear proof containers, and noxious weed prevention practices. 15. The water storage tanks shall be limited to use by Berry Petroleum and it's facilities within the Piceance Basin area of Operations as represented in the Application Submittals. Water shall be transported to the site primarily by pipeline as represented in the Application. 18 ADDITIONAL VIEWS OF THE SITE 19 House Log Gulch ADDITONAL VIEWS OF THE ACCESS ROADS - ..Aft•R:t50,.,,, • . - . , 20 21 22 August 25, 2014 Mr. Glenn Hartman Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 MOUNTAIN CROSS ENGINEERING, INC. Civil and Environmental Consulting and Design RE. Review of Mouse Log Gulch Tank Farm: LIPA-7934 Dear Glenn: EXHIBIT 1 7 This office has performed a review of the documents provided for the Limited Impact Review Application of Berry Petroleum for the House Log Gulch Tank Farm. The submittal was found to be thorough and well organized. The following comments were generated: 1. 'The Applicant proposes to use a gas powered generator to provide electricity; the generator is to be sized later. The noise study is based on an estimated sound level that may or may not be accurate. 2. The final tank configuration proposes 3, 130,000 bbl tanks. The Applicant metnions that there will be primary, secondary, and tertiary containment. The Applicant should address the volumes of each of these containments compared with the tanks to be contained and discuss how the three tanks will be connected. 3. The Applicant should provide the steepness of the Gun Barrel access road grades. 4. The diameter of the tanks provide an impervious surface area greater than 10,000 square feet. The Applicant should provide a discussion on how the criteria of section 7-204.C. of the ULUR is addressed and provide supporting calculations. Feel free to call if you have any questions or comments. Sincerely, Mountai Cross Engine ring, Inc. Hale, PE 8261/2 Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com Glenn Hartmann From: Wyatt Keesbery Sent: Monday, August 25, 2014 8:08 AM To: Glenn Hartmann Subject: Berry House Log Gulch Tank Farm Glenn, Road and Bridge Has no issues with the tank farm. Wyatt" Kee4hery Gau-lield County Road & Bridge District Foreman 0298 C.R. 333A Rifle, Co. 81650 Office: 970-625-8601 Cell: 970-309-6073 1 EXHIBIT August 26, 2014 EXHIBIT Garfield County Glenn Hartmann Garfield County Community Development Department RE: Berry House Log Gulch Tank Farm LIPA-7934 Dear Glenn, Vegetation Management The noxious weed map included in the Wildlife and Vegetation Impact Analysis section is acceptable. The map (see attached) notes the county -listed noxious weeds; houndstongue and plumeless thistle as being located in the disturbance area. The treatment prescribed in the Noxious Weed Management Plan is unacceptable. Plumeless thistle rosettes (first year plants) should be treated this summer or early fall. Staff would like to schedule an on-site visit with the applicant to review their weed management efforts as a condition of approval for this permit. Reclamation for this project is under the jurisdiction of the Colorado Oil and Gas Conservation Commission, Please let me know if you have any questions. Sincerely, Steve Anthony Garfield County Vegetation Manager 0375 County Road 352, Bldg 2060 Rifle, CO 81650 Phone: 970-945-1377 x 4305 Fax: 970-625-5939 195 W. 14th Street Rifle, CO 81650 (970) 625-5200 Garfield County Public Health Garfield County Community Development 108 8th Street Glenwood Springs, CO 81601 Attn: Glenn Hartmann August 28, 2014 Hello Glenn, My comments for the Berry House Log Gulch Tank Farm are as follows: EXHIBIT 10 2014 Blake Avenue Glenwood Springs, CO 81601 (970) 945-6614 1. Air Quality: a. As outlined in the project summary and in the nuisance conditions section, Berry must provide the Community Development Department a copy of their Air Pollution Emission Notification (APEN) or permit, depending on their estimated emissions, upon obtaining it from the CDPHE Air Pollution Control Division. b. We appreciate Berry's commitment to implement BMPs that reduce air emissions and request that they continue to use those measures at this operation. c. Finally, we are also glad to see the use of tanks rather than open pits and encourage their use at other operations. 2. Water Quality: a. As noted in the Groundwater and Aquifer Recharge Areas section of the Impact Analysis, there is shallow groundwater in the area and below the site itself. Public Health requests that Berry take note of this in the event of a spill to prevent seepage into groundwater. Thank you, Zni" Morgan Hill Environmental Health Specialist III Garfield County Public Health 195 W. 14th Street Rifle, CO 81650 (970) 665-6383 Garfield County Public Health Department — working to promote health and prevent disease Glenn Hartmann From: Hoyer - DNR, Scott [scott.hoyer@state.co.us] Sent: Tuesday, August 26, 2014 10:49 AM To: Glenn Hartmann Subject: LIPA - 7934, Berry House Log Gulch Tank Farm Dear Mr. Hartmann, EXHIBIT 1 11 Colorado Parks and Wildlife has reviewed the land use request for the Berry House Log Gulch Tank Farm which is to be located northwest of Parachute, CO. This project will occur in an area that has already been extensively developed for natural gas production. While there will be additional cumulative affects to wildlife associated with the construction and operation of the tank farm, CPW does not view the project as being overly detrimental to wildlife.. We urge the operator to follow the BMP's listed in the project description to avoid or mitigate impacts to wildlife and habitat. Thank you for allowing CPW to comment on this project. Please contact me if you have any questions or concerns. Sincerely, Scott Hoyer District Wildlife Manager, Parachute 1 0 p4RA pft\' AtRge0$) i rwvt o7rckut EXHIBIT A Safe place to Lana Stuart S. McArthur, Town Manager 2 2 2 Grand Valley Way • Parachute, CO 8 1 6 3 5 • art S 2 8 5- 7 6 3 0 August 7, 2014 Garfield County Building and Planning Department ATTN: Glenn Hartmann 108 8th Street, Suite 401 Glenwood Springs, CO 81601 SUBJECT: BERRY PETROLEUM ET AL APPLICATION FOR WATER IMPOUNDMENT The purpose of this letter is to respond to your Referral Form dated August 5, 2014, for File Number LIPA- 7934. The Town of Parachute has no issues regarding granting this application. If you have any additional questions or concerns, please contact me at 970-285-7630. Sincerely yors Stuar S. McArthur Town Manager SSMC 1 Page Glenn Hartmann From: Franco - DNR, Ivan [ivan.franco@state.co.us] Sent: Friday, August 15, 2014 11:43 AM To: Glenn Hartmann Cc: Alan Martellaro - DNR; Ben Krause - DNR; Kevin Rein - DNR Subject: Berry House Log Gulch Tank Farm Mr. Hartmann, EXHIBIT 1 This office has reviewed the proposal to construct a tank farm water storage facility at an existing drilling site in Garfield County. The site is jointly owned by a number of oil and gas companies and would include 3 tanks, each 130,000 bbl in size, along with additional supporting infrastructure. No potable water will be provided at the facility and sanitary services will be handled by portable toilets. A watering system is not required to maintain any proposed planting. The water stored at the tank farm would be generated from natural gas wells, the source of which would be the non -tributary Williams Fork Formation. Pursuant to the Produced Nontributary Ground Water Rules the Williams fork Formation is shown to be non - tributary. Therefore, non -CBM well's producing non -tributary ground water are not subject to administration in the prior appropriation system and may operate without a plan for augmentation or a substitute water supply plan. These wells are not required to be permitted so long as the water is used only by the operator in the same geologic basin to facilitate or permit the mining of minerals. If, however, a non -CBM well produces tributary ground water that impacts an over -appropriated stream, the well must operate only according to a water court -approved plan for augmentation or a substitute water supply plan approved pursuant to 37-92-308(4) or 37-92-308(5). This office has no objection to the application. The applicant should refer to the Produced Non -Tributary Ground Water Rules and the Well Permits and Substitute Waters Supply Plans Submittal Process Memorandum dated 3/24/2010 for further guidance. If you or the applicant have any questions please contact me at this office. Sincerely, Ivan Franco, E.I.T. Water Resources Engineer P 303.866.3581 / F 303.866.2223 1313 Sherman Street, Room 818, Denver, CO 80203 ivan.franco@state.co.us / www.water.state.co.us 1 Glenn Hartmann From: Kirby Wynn Sent: Friday, August 22, 2014 6:22 PM To: Glenn Hartmann Cc: Kirby Wynn Subject: Referral: LIPA-7934 Berry House Log Gulch Tank Farm Glenn, EXHIBIT 1 /'+ Thank you for the opportunity to review this application. This application proposes to place 3 very Targe (130,000 bbl) tanks on the site to be used as a sole -operator Centralized E&P waste management facility. Do not have the expertise to evaluate construction design and engineering. Site seems appropriately located near existing, extensive oil and gas facilities for this sort of facility—rural area with minimal potential to nuisance nearby residents. I have no further comments on this application. In a separate email I have forwarded the COGCC Form 2A application material to you and Tamra Allen for your reference. I noted on that application that a County permit is of course required for this volume of tankage to ensure COGCC knows of this requirement. Kirby Wynn Oil and Gas Liaison Garfield County 1 Glenn Hartmann From: Rob Ferguson [opschief@gvfpd.org] Sent: Monday, September 08, 2014 7:21 AM To: Glenn Hartmann Subject: Lindauer Yard Mnor Sub. Hi Glenn, EXHIBIT Sorry about missing getting anything to you on the Lindauer lay down yard. We have been swamped with a new reporting system and trying to get it implemented. I don't have any comments or requirements on this lay down yard. It is pretty basic and simple. Also I noticed I had Berry House Log Gulch Tank Farm. This one looks fine as well and there isn't any further requirements from the Fire District. Sorry once again for not getting something to you on these. Take care and let me know if there is anything else you may need. Rob Ferguson Deputy Fire Chief Grand Valley Fire Protection District 0124 Stone Quarry Road Parachute, CO 81635 Office 970-285-9119 Fax 970-285-9748 opschief@gvfpd.org 1 ` 7 5_9 /f 1Yl' l�t"tel` Ini✓�R5911 ! n7f �T'J1�i`f-f-�.wnF1 __ t r -')-LIMTRAIL -COOING PIPELL \E CENTRAL OATNER1110 POOR 51 t/2 {EG I6 -ss Itg)Y! r •adi ' , JI J (1 -.� CCMPHEsSOR l STATION E 1/4 T sEc 53 res 19)w .�G rr . . I •m•,<.ti. 1 30 C 130 ORO TRA. 1 ( i 7 -'±13,100 P03 INE 3. (19,)00 L ORS 71 LINES - 11 fad .#n -- %EECSIER RILL , 30370E5503 STATR7N N 1/2 SEC 14 T61 R91W 1 v TU/URE) TANGLE 11.809 (( • ( RE5503 STATIOV30- �j{ 0 1 �.. 1 t .' •1 CRA.61320 TRAIL � CAMERON; PIPEL113 7.. 19.575 LE OR 1.76 NRE5 PARACHUTE CGAS PLANT REEK N3 £ F I \J /L. .•'` • 3 ?43ACNUTE 30333 F GAS 21J NO. 11?-. ±41 55MG 03 7.E 111,580 lF OR 7.R) NIBS pp g PO - 72/r L. SA.RCATIE / OATNE3r.'10 PI?EUNE ` t43.810 if OR 330 31115 . 41' P 1 i Q,i:', 36 . . 1• 00j/r 461,34,1 },;`-,c• A I ' J (807)382d029 7!; NW07 PRODUCTION RM7' COMPANY