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2.0 Staff Report
Board of County Commissioners — Public Hearing Exhibits Pond 10 Water Impoundment and Storage Facilities Limited Impact Review Applicant is OXY USA WTP LP May 19, 2014 (File LIPA-7864) Exhibit Letter (Numerical) Exhibit Description 1 Proof of Publication 2 Return Receipts from Mailing Notice 3 Photo evidence of Public Notice Posting 4 Garfield County Land Use and Development Code, as amended 5 Garfield County Comprehensive Plan of 2030 6 Application 7 Staff Report 8 Staff Presentation 9 Referral Comments from Colorado Parks and Wildlife (dated April 24, 2014) 10 Referral Comments from Garfield County Vegetation Manager (dated May 1, 2014) 11 Referral Comments from Garfield County Road and Bridge (dated May 1, 2014) 12 Referral Comments from Mountain Cross Engineering (dated April 25, 2014) 13 Referral Comments from the CDPHE Air Pollution Control Division (dated April 16, 2014) 14 Supplemental Submittals from the Applicant including responses to referral agency comments, SPCC Status, Fencing Details, Netting Details, Sensitive Wildlife Habitat Map 15 Email from Mountain Cross Engineering (dated May 8, 2014) 16 Letter from the Garfield County Vegetation Manager (dated May 9, 2014) 17 18 Ad Name: 10095171A Customer: Sky Permitting and Planning, LLC. Bill B Your account number is: 7532542 PROOF OF PUBLICATION THE RIFLE, CITIZEN TEL STATE OF COLORADO, COUNTY OF GARFIELD I, Michael Bennett, do solemnly swear that I am Publisher of The Rifle Citizen Telegram, that the same weekly newspaper printed, in whole or in part and published in the County of Garfield, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Garfield for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of 5 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 4/17/2014 and that the last publication of said notice was dated 5/15/2014 the issue of said newspaper. In witness whereof, I have here unto set my hand this 05/08/2014. -`��yt Michael Bennett, Publisher Publisher Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado this 05/08/2014. My Commissan Expires 11/01/2015 amela J Schultz, Nota ublic My Commission expires: November 1, 2015 PUBLIC NOTICE TAKE NOTICE that OXY USA WTP LP has ap- plied to the Board of County Commissioners, Gar- field County, State of Colorado, to request approv- al for a Land Use Change Permit on a property situated in the County of Garfield, State of Colo- rado; to -wit: Legal Oescriotion- SESW Section 5, Township 7 South, Range 97 West, 6th PM Practical Description' Located 12 miles North of DeBeque, CO in Garfield County at the end of County Road 213, Conn Creek Road. Parcel 82169-214-00-026 Prolect Description: The subject application requests the Pond 10 Water Impoundment Site with Accessory Stor- age Sites, located on a 7732 acre parcel. The proposed site is located within the Resource Lands zone district. All persons affected by the proposed plan are Invit- ed to appear and state their views, protest or sup- port. if you cannot appear personally at such hearing, then you are urged to state your views by letter, as the Board of County Commissioners will give consideration to the comments of surrounding property owners, and others affected, In deciding whether to grant or deny the request. The applica- tion may be reviewed at the office of the Planning Department located at 108 B1h Street, Suite 401, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. A public hearing on the application has been scheduled for Monday, May 19, 2014 at 1:00 P.M. in the County Commissioners Meeting Room, Garfield County Administration Building, 108 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County Published In the Citizen Telegram April 17, and 24, 2014m and May 1, 8 and 15, 2014. (10095171) EXHIBIT i Garfield County PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action. LJ My application required written/mailed notice to adjacent property owners and rtiineral owners. KPM KPM KPM Mailed notice was completed on the 091h day of April , 2014 All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice. All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list) • Please attach proof of certified, return receipt requested mailed notice. ED My application required Published notice. KPM Notice was published on the 17th,day of April 2014. • Please attach. proof of publication in the Rifle Citizen Telegram. D My application required Posting of Notice. KPM Notice was posted on the 14th day of April , 2014, KPM Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify that the above information is true and accurate. Name: Katy Middleton Signature: Date: May 8th, 2014 U.S. Postal Service CERTIFIED MAIL-, RECEIPT (Domestic Mail Only; No insurance Coverage Provided) For delivery informs da V151 ()Ur website at WWW_LISpS,com. RAMEolCIAL USE Pmrunp. $ $1.19 0538 Carried Fes Return (EndorsementR°"'P'R.g ted) Restricted nt%try Fee (Endorsement Regdredj Tbtel Postage & Foes $3.30 $2.70 $0.00 $ $7.19 b°" Too Peo P 7 _4,? aPO Box :,2:1 D eox 1926) PS Form 3000, Auj 2006 C .iCo U.S. Postal Services, CERTIFIED MAIL,:, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at wwW.uspS.cdn1 iblitiM1111 $3.30 $2.70 $0.00 $7.19 'nu /EvRav usa , /A °` ' Po&9X0.18s rY , z7= 4 /-11.)U57-0A)1 77( 60/ 1640 0000 7880 4138 ru ri 7012 1640 0000 7880 U.S. Postal Services, CERTIFIED MAIL,,, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Far delivery information visit ourwcbsite al www.usps,com. slf 'cd siE I C T A L U S E Footage Certified Fei Return Receipt Fee (Endorsement NOM) Restricted naively Fse (F_rtdorsement Requd) Tee, Postage & Fees Ake/Mc (57F .r -....Eta . O 5ft_ C'U I4,c2. ESFri•n3R 0,A1:;a%t:CV, yrQ eVi47S4101 IL rJRI 1 r.'tr. U.S. Postal Services, CERTIFIED MAIL,., RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) . For dblivery information visit aur websito al ww v usps.cam,, ifrtliCOAL USE Postage Certified Fee Return ement Required) " Fes tinetiked) Restricted DeRvery Fee (Endorsement RequPred) Total Postage a Fees 0553.8P. v G O r£ ti ,G 04/09/2014 Th FeptInee G c /95 /A c, 1 rb goY 1185 I o ;7-4A) 7X crry, s 770/O U.S. Postal Service CERTIFIED MAIL: RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com, &Ei?i ifrA L USE $1.19 Q ATiks, $3.30 Q ' 0' $ $7.19 '09/O14 Postage Certified Fee ipt Fee cue Reement q trent RequiDelivery red) Toth Postage & Feet dFOBoxtva i.l:l9.}l.�-cSr �Se.bck gisreas- atete thN4.Ct14Pkq— tUJ E. PS Foam 38M August 2000 oat -ail - Sec Reverse for instructions U.S. Postal Service,, CERTIFIED MAIL., RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.como affriiikeutiAL USE Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted DeriveFOO (Endorsement rypequired) Totat Postage S Fees '3ev�t T uc lq X a` -i -o or PO r3ar No. gym: Ave, Za> 1-j0u5ToQ -Tx 27 - b .13 N rl N 0 0 0 0 0 r1 ru rR 0 N m ru 0 0 0 0 0 ..0 r'l ru r-1 to U.S. Postal Service,., CERTIFIED MAIL., RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com:, ; ( ( (gy513 m, I rPC5ox 5-eg.CCN wl ly S.!! t 4.5-1E C11); Slats, rwa s� JO PS Form 3800. August 2006 See Reverse for Instruction, U.S. Postal Service,. CERTIFIED MAIL,,, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.cnm•, Postage Certified Fee Return ReosIpt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total t'ostage & Fede 4A L raHet 04/09/2014 \.i 0 &a�u T4 e01.L; LL/CI;!619 a;,1Eartty. eon//n 3D- 0/65" U.S. Postal Serviceu, CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at wwmusps.com, DE etir Porter:a Cod Sad Fee Return Receipt Fee (F_ndorserrtent Recrered) Flestaeted Dothan Fee (Endorsement Required) Total Postage 4 Fees Sent Po bc 3YriA4 No; or PO 8. sx No.Ff-S HEZAA 11-NsT, STE &Lb stt.,zp.4 i0103 1 CIAL $1.19 $3.30 52.70 50.00 $ $7.19 0 USE 0538 0 /20 See freverwr Or instructions U.S. Postal Servicem CERTIFIED MAIL: RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com, ragEctRui3C 1AL USE Neter Ceretled Fee Rem Receipt Fee (Endoreernerrtnegtired) Restricted Deliver/ Fee (Endorsement Required) Total Postage Fees Semi To N.. LE1L1ZV pc) ftvc ,?no 1640 0000 7880 4268 ru ru EO co 0 0 rI ru rI 0 r•• U.S. Postal Servicem CERTIFIED MAIL., RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com,) COV-eraiSELLQ. 133" WeiCXot No.; arP°Ax 2.10 \1161a-- tare, zif44 c02 - PS Fur. MOO, AuquSt 2006 See- Reverse tor Instructions 1 -U.S. Postal Service.n, c- [ CERTIFIED MAIL„, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website nt www.usps.com,, Sent ib 3,frimc.vv Ltimi-r-ED PikerNicesi-i °rP"a"V°: Po 6ox 112 Li) °rite 'Co (Dco— 7 -to EXHIBIT tAk (24 1414 h.$1 t.sprAisi to sti4 4/ C , _4.te?"441,... 4feaCe„.1,. CI$d. 35 oft 1.10 ptopetty PIA** --ZittAlt.?- 01.1111e00,4 Sp4 s C 4141 j.Za f 44i 4e13-•1 r ct„ 9t, thiis 4ppot4t stottit fz, Cesesfrl. ktalt.e.,r kl i C.•31.4 i ek'014 *Ir Fix ackiltool intt4iGtt orttut u ie. 1,‘ tift ,Crofel iwk, 0014 Vi- 4' . Sig r t , i left Etth St $4441,„.,:', ' Gtonfvo.od Swags Co 41601 ^,,,,•*-4, • ij 1100 ❑❑❑ 00 r 1 7012 1640 0000 7880 4176 0 a 1 7012 1640 0000 7880 4190 L40— CO CO a rR 0 1:0 N $11,16 70.1822/71 U idlBoed wrpd 3UsswoQ S fah OVVE 1300o oh9t 2'tfLfraqPi toOz hig111 led uuo.d Sd WiANS 11,04 .*9N epi( z (ored £1k3)1/Ua+ltP0 pe7314s91:1 't+ •Q00 D Uew paraul 0 as1P{ANo eW.io (11e0%1►fgakl ❑ PaieielDad tfew ssaidx3 0 IfeYV t ❑ edKl. eolnieg 4,1 B 8JPPe 'WARP awe '63A a4uugsDlp ComPIXI fuzAIIGP '13 N PaMid)'Q poNsvell •8 h', 6. X si/ -11, Oil 1J(1 NO NO) ID 1S SM! .1111d6VUJ )LC r\\Q LSC\OH h- 0013 °j :ol faSEe PPV Glorify 'l 'sllwied clouds A wail eq uo .to 'eaeldllew eia to Koe9 8ul 0t RJ3 slit tioallV ■ •noit of pre° ail wnla: ma ens wit os eaisnei eyl uo esaippe pug 911114U ano/! lupe ■ 'Reit si b:mite° Ret ell )! tp wall elatdwoa oellf 'E pug 'Z'i. swell eleiduioo u NOILJ'iS S!IU ?1 J lir::(};) •t •lONJS Si-NOE.F. COMT'I FTF THIS SFGTION • Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery Is desired. • Print your name and address on the reverse so that we can retum the card to you. 11 Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: SRVA(� E U.41 -re, (PE - l 1 ANC PD fax 1q26 6F1.0iCo 616)50-- Iq2t4, COMPUTE 711IS SECTION UN r1F:1 !VERY halved by (Printed Name) delttrery address different YES, ent& delivery 3. Service Type CI Certified Mall ❑ fNSPS C. Date of Delivery ❑ Yes Na ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Man 0 C.O.D. 4. Restricted Delivery? (Extra Fee) In Yes 2. Article Number (Dander from servios lebe0 7012 1640 0000 7880 4244 PS Form 3811, February 2004 Domestic Return Receipt SENDER: COMPLETE 7 HIS SECTION w Coinpiete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. a Attach this card to the back of the mallplece, or on the front It space permits. 1. Article Addressed to: 0e6.'1W DeF U4ND Mi t'J 41W►t CDxtDo 91 NIL vAL,Lal new pf N a3coIA4E650 ►L3rt 8► osz 102595-02-M-1540 CO!,H1 I-. L MI:; Sr r. f ', CP.! Pt -1I. fFY B. Received by (Printed Name) ❑ Agent ❑ Addressee C. Date of IN. 4 -to -I D. is delivery address riiferent from Kam 1? ❑ Yes tf YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail 0 Express Man ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mat 0 C.O.D. 4. Restricted Dellveryt (Extra Fee) ❑ Yes 2. Article Number (nuns* from service rates 7012 1640 0000 7880 4138 PS Form 3811, February 2004 Domestic Return Receipt i02595-02-14.1540 SENDER: cow,/ ETE MIS SECTION r -TC- 7+11.5 Sit OTx)N UFJ on:VERY Its Complete Items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. • Print your name and address on the reverse so that we can retum the card to you. • Attach this card to the back of the maliplece, or on the front If space permits. 1. Article Addressed to: M ► k.. Nil -� Po EDX Sac Vt0f-NuE CD 2l (03U 2. Article Number Realer from service Faber) D. Is delivery address different from item 1? 0 If YES, enter delivery address Wow: 3. Service -type Mail ❑ Express Man n RegisteredReceipt for Merchandise ❑ Insured Mall ❑ C.O.D. . Restricted Delivery? (Extra Fee) 0 Yes 7012 1640 0000 7880 4183 , P3 Form 3811, February 2004 Domestic Return Receipt SFNDEr . CoMP1 Tif/S SECTION. 102595 -O2 -M-1540 C77'!'t,''FTHIT tit"C)7Q.'itDi:t7Cr?VLR'f ▪ Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mallpiece, or on the front if space permits. 0 Agent Addressee a of Delivery 1. Article Addressed to: PETeDLEuX\ C,2P SHE DST. iTE, ?boo to\AW. , Cm ?cgA3 address different from Item 1? 0 Yes enter delivery address below: ❑ No 3. Service type ❑ Certified Matt 0 Ems Mao ❑ Registered 0 Return Receipt for Merchandise ' ❑ Insured Man 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. A)ticfe Number Rransrer from service iabe0 7012 1640 0000 7880 4206 PS Form 3811, February 2004 Domestic Return Receipt 1o2505424A-1540 d I. SENDER: ct7 Sf Lt=TL. T11iS SECTION: r:O! P1 f.TfT MIS ;df. f:MN ON fiC1 WERY • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. ▪ Print your name and address on the reverse so that we can return the card to you. 11 Attach this card to the back of the mallplece, or on the front if space permits. 1. Article Addressed to: ilrfoia_PrZiSt LLC 12 S fir; P,STEn- ST HbOsioNiTy. ❑ Agent • ❑ Addressee C. Date of Dellvety D. Is deifvery address afferent from Item 1? 0 Yes tf YES, enter delvery address below: 0 No 3. Service Type 0 Certified Mall 0 Express Mail 0 Registered ❑ Rattan Receipt for Merchandise 0 Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yee 2. Article Number ah rrsfer from service t 7012 1640 0000 7880 4268 PS Form 3811, February 2004 Domestic Return Receipt SENDER: Cart11'I ETV Tf}JS SECTION 1025e5 -0241.1M40 I Y!'.:T f.il: 7fffft .':f';j7;:;p: P:' f%f'r 1Vi 1?? • Complete items 1, 2, and 3. Also complete Rem 4 If Postdated Delivery Is desired. 1 Print your name and address on the reverse so that we can retum the card to you. ■ Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: MYTH "C-2. Bea peyW L LNLE -k-N16-0 Pp f)ox N,Nu2,CO 2UUD3D- OU 2. Article Number (TFarrsfer from service Jebel) ad b71 Hied Name) QDate of gyp(} xy 4 0. is deEvery address different from item 1? 0 Yes N YES, enter delivery address below: No 3. Service Type e 0 Registered 0 Insured Mali Express Mall Receipt for Merchandise 0 C.O.D. . Restricted Delivery? (ExGs Fee) 0 Yes 7012 1640 0000 7880 4237 PS Form 3811, February 2004 Domestic Return Receipt 125'024.1540 oo d in L1111000 11111 000 of r9 ru I r9 1 ni 1 Ca; Vgg 11 1 WELA&KA LEI ' COMPLETE , 4 1 gila Stio$ •• 1 -2 E a m s Ag mh v TL n t¢ U C o ■ ■ ■ Q Frs,N eJ Ht-rr o-seszoi 0 Ir rl 0 ro cQ .n ra o z .�j 0 1 000 a ldlaa wrnea opcawoa 5h'Ch 0992: hoar) 0h9'. 2'ELL • a ■ vooz ltleruge4 . t.g$ wlod sd lw(rn sines 1 sur) xiaWnN81V z S0,4, 1:1 lettgainleasAtiscipinovpsa ' •a•o•o 0 UVI Palm! 0 MVV lol 3dlia 0 Ple1ski Ci I1giY seaitht ❑ MI P431R10o ❑ EiDiARS esa,ppu NoMwP l4ue '63A 41 uwmUlp esarppe Narylsp si 'a N Pel d) R4 PeNivaa '8 X S Ail?^i 17(1 NO NOlL0:1S SONO .11:31c1fVO:) Q IQ�� Xi2 n O-Ls0 N o() iv{kdwcro 10Ta1-; sDI'oto ?a > '?HS an Posse -WV GRIN 'swiped coeds A luol) eq uo a 'eoejdllew e111 >low eta of pso slut 4oew ■ 'nor; o; pleo el; wnie1 use eM; i os eslenel eui uo sselppe pus emu lno4 }ups ■ 'pellsep sl /J9%130 Pe3O14sGa IIv wall eteldwoo osly '6 pup Z' 1, suss4 eieldwo0 NOJLJ-7I.1 Wm^1OZ) -83at4 SENDEf fioN�?PLE re rift : SFCTf . ON ser , to Complete Items 1, 2, and 3. Also complele Item 4 if Restricted Delivery Is desired. ■ Print your name and address on the reverse so that we can return the card to you. X Attach this card to the back of the matlplece, or on the front rf space permits. 1. Article Addressed to: SAvA�E AN 1 . PD Pax Fg2LD EFLOIC,0 6I15u-- 12Lp COMf'!.f-7f 7x75 SFr- NON OPJ f)E'f!V[r?Y x ❑ Agent 0 Addressee by ( Printed Name) !delivery address dinaent YES, enter delivery C. Date of Delivery 0 Yes No 3. Service'type DCertified Medi 0 1111169 0 Reptstared 0 Return Receipt or MerChandiee 0 rrsrmed Map 0 C.O.U. , Restricted Delivery? (ate Fee) ❑ Yes 2. Artlda Number poster from ftervica 7012 1640 0000 7880 4244 PS Form 3811, February 2004 Domestic Return Receipt 5t~ S.. N[3E"Fi: FTF THIS'SECTION a Complete items 1, 2, and 3. Also complete Ram 4 If Restricted Delivery is desired. IN Print your name and address on the reverse so that we can return the card to you. to Attach thls card to the back of the mallptece, or on the front If space permits. 1. Article Addressed to: e,o e l) rP 1-4n1D Mt UAatt C MADD 9 waw VALL :6co QEF ecnA0 IV�Ct CD Stti - 102593.24.1'1540 11i Iht.'; Sfl,/H)if 8. Received by (Printed Name) El Apert 0 Addressee C. Data of [lei: 4'10-i D. is delivery address dtftaent from Eleni 17 0 Yes If YES, enter delivery address below: ri No 3. 8enrloe iype 0 Certified Mai 0 Expraea Map E] Rayleterad D Return Receipt for Merchandise 0 Insured Map 0 C.O.D. . Restricted Delivery? (aes Fee) 7012 1640 0000 7880 4138 2. Artlde Number (T}rrsfsr from 56rvfce febeJ) 0 Yes PS Form 3811, February 2004 Domestic Return Receipt 102585-02.1+1540 SENDER- COMPLETE THIS SECTION C21MN FETF TOW; !if Crktd iN 1)E i(Hr' • Complete Items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mallplece, or on the front If space permits. 1. Article Addressed to: 1eut-1111,::la DX 3bc OCIE-bLite t "31 (o37) . la delivery address different from Item 1? 0 II YES, order delivery address below: 3. Service 'Pipe emed MaN 0 Express WI Regisberedzillgitaturn Receipt for Merchandise 0 Insured Mall 0 C.O.D. 4. Restricted Delivery? (Este Feb) 0 Yee 2. Articie Number Wens* from sevvice lithe; 7012 1640 0000 7880 4183 PS Form 3811, February 2004 Domestic Return Receipt SENDE:11. cortlpt ITE JUS i'FCTION • Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the maliplece, or on the front if space permits. 102S9S-02-M-1840 c(J!.'J' E7 ThYS Werifei Ory 1L'IlvLIZ7 0 Agent Addressee of Delivery 1. Article Addressed to: PefeDLEIA-ril-MvaDeme-NIT CztP ¶sj SHERpri A -K) 5r. frE, ?too DoWD2-1023 8t265 oddness dtifenent from item ? 0'6511 enter delivery address, below: 0 No 3. Service 'Type 0 Certified Mall 0 Espies! Mali 0 Registered 0 Return Receipt for Merchandise ' 0 lnswed Mail D C.O.D. Restricted Delivery? Mate Fee) 0 Yea 2. Article Number alansfer from service Me° 7012 1640 0000 7880 4206 ! PS Form 3811, Febrtiary 2004 Domestic Return Receipt 102595.024.1-1640 SEND I:ft r:(N.tPfr.Tf: TiHJS SLC11ON IS Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. 11 Print your name and address on the reverse so that we can retum the card to you. 1 Attach this card to the back of the mallplece, or on the front if space permits. 1. Article Addressed to: LLC 121 ? LIJt STEYz- Sr HbU5TDN1TX 19'DOZ r:nn^rrc. . 7ru R =. r: a: of... r r:r pY 1 AL ti RQerd cIAddressee C. Date of Delivery D. Is delivery address ditfeent from ban 1? Crew. if YES, enter &Avery address below: D No 3. Service Type d Certllled Mall 0 Express Mall D Registered 0 Return Receipt for Merchandise O Insured Mall 0 G.O.D. 4. Restricted Deitvery? (Extra Fee) 0 Yes 2. Article Number ohms* from 1 7012 1640 0000 7880 4268 PS Form 3811, February 2004 Domestic Return Receipt SENDER: GOMP ETF' TIDE SLC TON (WPCEf.4;Tit,rY 102505.024-1640 -16CQ9' ■ Complete Items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. to Print your narne and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to: p,u-mE a Ac,HK0 LNLE di -MED eD emc res - be sec ue. t eD 21(03D- ©1 [sem 2. Article Number Marreer from mote ✓ Ot Dale of creliery --ID -PI D. is delivery address different from !tont? _©Yes if YES, enter deivery address below: 'Go (! 3. Service Type fijRec Mali Express ma Rent Receipt for Merchandise 0 insured Mali f 0 C.O.O. 4. Restricted Delivery? (Extra Fee) 0 Yes 70112 1640 0000 7880 4237 PS Form 3811, February 2004 Domestic Return Receipt 10250.02.W1e4o 7 BOCC 5/19/14 File No. LIPA-7864 DP PROJECT INFORMATION AND STAFF COMMENTS REQUEST Limited Impact Review for a Water Impoundment and Storage Facilities APPLICANT — PROPERTY OWNER OXY USA WTP LP ASSESSOR'S PARCEL # 2169-214-00-026 PROPERTY SIZE The Site will be approximately 9.836 acres on an overall tract of approximately 7,732.5 acres. LOCATION ACCESS EXISTING ZONING The property is located approximately 12 miles north of the Town of DeBeque, in the SEA SW'/ Section 5, T7S, R97W . The facility is accessed by County Road 204 and 213 (Conn Creek Rd.) and a small section of roadway owned and maintained by Oxy USA WPT LP. The property is zoned Resource Lands (RL) Gentle Slopes and Lower Valley Floor I. GENERAL PROJECT DESCRIPTION The Applicant is requesting a Limited Impact Review for a Water Impoundment along with three Storage areas. The Water Impoundment will involve the conversion of two previously existing production water ponds to a Centralized E & P Waste Management Facility. The two previously existing ponds are currently in the process of being remediated. The remediation is expected to be completed prior to issuance of the land use permit. The proposal is designed to allow for effective re -use of water volumes, to conserve resources and to improve safety and environmental exposure. The water will be treated several times prior to its arrival at the water impoundment, including once on the well pad itself and once in a centralized Oxy treatment facility. The water will then be held in the pond to be used in well completion. The water will be trucked to the pond and will exclusively serve OXY well pads and facilities in the surrounding area. The surface area of the pond will be approximately 1.47 acres with a capacity of 90,000 BBL's or approximately 2.835 million gallons. It will be double lined with a leak 1 detection system. The applicant has submitted Form 15 and Form 2A to the COGCC to permit the site as a Centralized E&P Waste Management Facility. The pond will be fenced and will have surface netting as a wildlife deterrent. In addition, the pond will be equipped with two 12 foot wide, 4:1 slope emergency escape ladders on the north and south ends. A natural gas generator along with three water tanks associated with the pump pad are also proposed. In addition to the Water Impoundment facility, the applicant is also proposing 3 storage areas as a part of the site. One storage area (Storage Site 3) will be used exclusively for the Water Impoundment facility while the other two will be used to serve to the nearby Cascade field. Approximately 1.25 acres within the overall 9.836 acre site will be used for storage. The traffic study as submitted states that the site will generate between 4 and 14 vehicle trips per day of which approximately 33% will be heavy trucks. Location Map "% OXY USA WTP lP OXY 760 Horizon Drive. Suite 101 16.0/ Grand Junction. Co 61506 Pond 10 Location Map Revised: February 17, 2014 Gkrtield County, Colorado 0 t.5 3 4.5 6 7.5 Miles NAVAL 015 51 -'AL±: 2503) all ..i .11 +.Ft lA. °!7R+ 1r4711t7 towtP it Al IL(1,1i:.111 Pond 10 Subject Parcel 'N Roads 2 Vicinity Map 1 OXY USA WTP 1.P OXY 760 Horizon Drive, Suite 101 `% Grand Junction, CO 81506 5S 97W 0.11_1.0111 mommd Eft, Pond 10 Vicinity Map Revised: February 17, 2014 Garfield County, Colorado 0 0.8 1.6 2.4 3.2 4 Miles 246921400026 OJSYkU511 INC 7,737 AcreaJ Pond 10 IIn Pond 10 r - Subject Parcel 0 • m. 0 491. 0 r'N../ Pond 10 Access Road ^.� Oxy Responsible Road Unimproved Public Road Gravel Public Road "ii„I Paved Public Road 3 The storage areas are not proposed to be fenced and will be located on previously disturbed areas. Storage areas 1 and 2 are already existing from the previous use on the site and will be used as is. Storage area 3 will be graded along with the construction of the Water Impoundment. They will be maintained with compacted dirt or gravel surfaces. No hazardous materials will be stored in the designated storage areas. No improvements are proposed and the areas will remain open and accessible by vehicles and employees for storage of equipment and supplies. The storage areas will be used exclusively by Oxy and will prevent the company from having to store equipment off site. As a result, no additional traffic trips were added to the traffic report as a result of the storage facilities. The pond area will be unmanned and accessed by employees for typical monitoring, maintenance and loading and unloading of water. The storage areas will also be unmanned with employees accessing the site for short intervals to pick up or drop off supplies. Bottled water and portable toilet facilities are provided throughout the area for use by field employees. Facilities include: Existing: - Natural Gas Fueled Generator with Building - Two Water Storage Ponds (to be remediated prior to installation of proposed Pond 10) - Pipe Assembly - Pump Pad - 2 inch Pipe Metal Fencing - Two Graded storage areas - Storage Area 1: 270' x 103' (0.66 acres) (General Cascade Field Storage) - Storage Area 2: 202' x 111' (0.32 acres) (General Cascade Field Storage) Proposed: - Water Impoundment Pond (308 ft X 216 ft, 63,897 square feet), with liners - 8 foot fencing with attached meshing - Bird Netting - Storage Area 3: 279' x 44' (0.27 acres) (Water Impoundment Storage) COGCC Permitting Background: The Applicant has provided the following background on COGCC permitting: The original COGCC permit number for the ponds were: Pond 10 North #414396, Pond 10 South #291946. Oxy has submitted a Form 27 Remediation Workplan to close the two ponds together. This document was approved by the COGCC on December 31, 2013. Currently the COGCC is reviewing the Form 15 Pit Permit for the Pond 10 upgrade, which was submitted on March 14, 2014. Additionally, Oxy is in the 4 process of preparing the Pond 10 Form 28 Centralized E&P Waste Management Facility permit which will be submitted in the summer of 2014. Proposed Site Plan 5 Storage Area 1 Storage Area 2 6 Pond 10 Site II. LOCATION - SITE DESCRIPTION The site was previously constructed with two ponds and two storage areas. The pond liners have since been removed and remediation is currently underway in accordance with COGCC regulations and guidelines. Some contamination occurred with the previous ponds as a result of what is suspected to be a leaking water connection fitting. This remediation is expected to be complete shortly and will be finalized prior to construction of Pond 10. The site is bare of vegetation in the developed areas while surrounding areas which had previously been disturbed appear to have been revegetated. The areas surrounding the site are characterized by native vegetation primarily dominated by sagebrush. The site is located in the Resource Lands Gentle Slopes and Lower Valley floor. The pond and storage areas are adjacent to a steep incline to the east. As a result, the applicant has constructed water diversion and management facilities as outlined in the grading and drainage plan to prevent runoff from entering the pond facility. These facilities will be further improved with the construction of Pond 10. Existing Drainage Diversion East of Pond 10 Site 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: (See Exhibits 12 and 15) • Noted that including the figures, appendices and attachments in the Spill Prevention Control and Countermeasure (SPCC) plan would be beneficial. • Requested further information regarding precipitation falling on Pond 10 and how the freeboard will be managed. • Following review of additional materials submitted by the Applicant, Chris Hale has indicated that his concerns have been satisfied. 2. Garfield County Road and Bridge Department: (See Exhibit 11) • Comments stated that Road and Bridge has no issues with the proposed development. 8 3. Garfield County Vegetation Manager, Steve Anthony: (See Exhibits 10 and 16) • Prior to issuance of the Land Use Change Permit, the Applicant will need to provide Vegetation Management with the total amount of surface area to be disturbed and reseeded. In addition the applicant will need to provide a revegetation security based upon $2,500 per acre of revegetated area if the amount of disturbance is greater than IA acre. • The surface area to be reseeded has been quantified as 1.63 acres. Prior to issuance of the Land Use Change Permit, a revegetation security in the amount of $4,075 shall be provided in a form recommended by the Garfield County Vegetation Manager. The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards section in the Garfield County Weed Management Plan (Resolution 2002-94, Section 4.06, 4.07 and 4.08). 4. Garfield County Environmental Health: No Comments Received. 5. Colorado Parks and Wildlife: Noted the location is within a greater sage -grouse production area and indicated that no significant impacts to wildlife are anticipated if the recommendations summarized below are incorporated into the development: (See Exhibit 9) • Limits on night lighting • Bear Proof trash storage • Re -vegetation of any disturbed areas • Proper Speed Limits (25 mph) • Pit details including fencing, escape ramp and netting • Prior to issuance of the Land Use Change Permit, the Applicant will need to have the netting design approved by Colorado Parks and Wildlife. • Notification regarding any trapped or dead animals • Restricting construction to outside the time period from March 1 through June 30th to minimize impacts to sage -grouse production. 6. Colorado Department of Public Health and Environment Air Quality Division: (See Exhibit 13) • Provided information on construction permits and Air Pollution Emissions Notice requirements (APEN) • Provided references to applicable codes and construction standards which require APEN permitting (i.e. construction - earth moving activities greater than 25 acres or more than six months in duration) 7. Other agencies that did not submit comments include: (a) the Colorado Department of Public Health and Environment Water Quality Divisions) and (b) DeBeque Fire District. 9 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 7, 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 Gentle Slopes and Lower Valley Floor zone district. The Comprehensive Plan 2030 designates the site as RMH (Residential Medium/High Density). Excerpts from the Land Use Description Section Chapter 2 and Section 8, Natural Resources and Section 9, Mineral Extraction are provided below. Chapter 2 — Land Use Designations Residential Medium High (RMH): Small farms, estates, and clustered residential subdivisions; density determined by degree of clustering and land preserved in open condition: 0% open land = 1 du per —6 acres 50% open land = 1 du per 4 acres 70% open land = 1 du per 2 acres Section 8 — Natural Resources Issues *The county maintains high air quality standards, however there may be a propensity for air pollutants to exist in the western part of the county 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. 10 Section 9 — Mineral Extraction Goals 2. Ensure that mineral extraction activities mitigate their effects on the natural environment, including air quality, water quality, wildlife habitat or important visual resources. 3. In working with mineral extraction projects, the county will protect the public health, safety and welfare of its citizens. Policies 1. Garfield County recognizes that surface and mineral owners have certain legal rights and privileges, including the right to extract and develop these interests. Private property owners also have certain legal rights and privileges, including the right to have the mineral estate developed in a reasonable manner and to have adverse impacts mitigated. The property rights of mineral lessees must be balanced with the rights of private property owners and the general public. 2. 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. 3. Natural drainage patterns will be preserved or mitigated so the cumulative impact of mineral extraction activities will not cause storm drainage/floodwater patterns to exceed the capacity of natural or constructed drainage ways, or to subject other areas to increased flooding, erosion or sedimentation or result in pollution of streams, rivers or other natural bodies of water. 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 LUDC 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 Application has also provided information indicating the character of the area and adjacent land uses. The request demonstrates general compatibility with adjoining uses that are primarily oil and gas exploration/production and agricultural associated with cattle grazing. 11 7-104 & 105: Source of Water & Waste Water Systems The Application represents that the facilities will be operated with only occasional staff activities. The proposal demonstrates that the uses will be adequately served by provision of water in individual staff vehicles and provision of portable toilets at numerous sites in the OXY field with the closest being 120 feet from the subject site. 7-106: Public Utilities No public utilities are required for operation of the facility. 7-107: Access & Roadways The Applicant's access their property from the primary Oxy access road which connects to County Road 213 at the main guard shack. The submittals include general descriptions of the roadway as currently in use and a stamped engineered drawing demonstrating that the roadways in place and those to be constructed are in compliance with Section 7-107. The Traffic Study identifies the minimal amount of traffic associated with the proposed use. No additional improvements are recommended by the Study or Garfield County Road and Bridge. 12 Certification of Roadway Compliance with Section 7-107 4rreitlia0ely xmeR,.ry Swdam rs5-.snMVWrE -1 -.U.'''.0,1 pemm. wwes, a..rn f,re..e.r.i 0 On.•d E"`"°" evn. NT± wn1 twee Vy. I tO 1 .n . y. .we y K n1. Oea,,,thoy vrin•i 1 u oav 0 ee I e,. N N� 11,100.01R. ....7VYa 301 num, , i.. a. o. rWww u..e e N M• E �c0S NVt. IS 0 n Sees w,..wa.r ,ece. ...a, wan. , t,w,. fx1...+,we.:,00..s m.aer., , .01,0- nesw. x, %Moe•wwa,.+.,., 6,.....wewx.n .l waav,v py�mex,ervr00•u.ruke.aiiw0. wcvwmww� Panes., slssossasr,st WI' ems • ufb.. MUM OO,e MOST OSSCRITTPTX tcatsn FOR rrx.+nr nm01404 S. WS , Zile +c ie RES-AMOS11= tr ram it STU oNMAAM OX 010E0MS, `✓ asiarn.ExmEn ®rm�...�. . 13 7-108: Natural Hazards The Application provides significant information on natural hazards including information on soils, geology, and slopes associated with the site. It was found that the site is within a potential rock fall area. As a result, an analysis of the area was conducted by an Oxy engineer who determined that this specific site does not have a significant risk of rockslides or landslides. As a precaution and to better handle storm water runoff, the water impoundment and storage facilities were setback 25 feet from the slope toe. The information supports a determination that the proposed use is not subject to significant natural hazard risks. 7-109: Fire Protection The Application includes the Emergency Response Plan for the site. The Application was referred to the De Beque Fire Protection District with no comment received. No structures are proposed for the water impoundment and storage areas. 7-201: Agricultural Lands With limited disturbed areas and with 8 foot fencing for the water impoundment no impacts on cattle grazing or hay production which occurs in the area, but are not allowed on the subject site, are anticipated. There are no irrigation ditches located within the perimeter of the site. 7-202: Wildlife Habitat Areas The Applicant has provided a wildlife habitat study completed by ERO Resources Corporation (dated March 20, 2014). The study concluded that because the site was previously disturbed, there is little additional impact expected to wildlife. The Applicant is proposing an 8 foot fence surrounding the water impoundment which will have one foot below grade and two feet of mesh above grade to prevent small animals from getting into the facility. Additionally, the Applicant is proposing netting over the water impoundment to prevent birds from getting into the pond along with two 12 foot wide, 4:1 slope emergency escape ladders on the north and south ends of the facility. No other threatened, endangered, proposed, candidate or other sensitive species were noted to occur in the project area. In addition, no noxious weeds were found on the site. A series of recommendations were provided including a follow-up site visit to verify that there are no raptors present on the site as well as to conduct an additional weed survey. In addition, ERO recommends that the site be reseeded using an appropriate seed mix identified in the SWMP and post the speed limit on internal Oxy roads to 25 mph. Compliance with the consultant's recommendations should be required. While Colorado Parks and Wildlife stated that this area is in potential Sage -Grouse habitat area, the ERO report and a supplemental habitat map provided by the Applicant 14 identify the area outside the Sage Grouse Production area. The Applicant's mapping is consistent with Garfield County Greater Sage -Grouse Conservation Plan adopted in 2013. As a result, Staff does not feel that the calendar limits proposed by Colorado Parks and Wildlife are appropriate for this site. Sensitive Wildlife Habitat Map Figure 5 Pond 10 Sensitive Wildlife Habitat Map Revised: January 21 2014 Garfield County, Colorado 0 0.2 04 0.6 0.8 1 Miles 7S-R98W 0te IIII Pond 10 Water Impoundment sig Greater Sage Grouse Production Area M Mule Deer Critical Winter Range °-N„s Pond 10 Access Road Oxy Responsible Road Unimproved Public Road Gravel Public Road 41%.* Paved Public Road 15 7-203: Protection of Water Bodies The site location is not in close proximity of an active water body. The nearest non - intermittent water feature is Conn Creek which is located approximately 330 east of the site while there is an identified "intermittent stream" (irrigation ditch) approximately 10 feet north of the subject area. This "intermittent stream" is not considered a Water Body by the definition in the LUDC. On the staff site visit, this intermittent stream was indiscernible. The facility has an existing Spill Prevention Containment and Control (SPCC) Plan which provides protection from impacts to water bodies or drainages. A copy of the SPCC Plan for the site has been provided. 7-204: Drainage and Erosion (Stormwater) The Applicant has provided a copy of the State Storm water Management Permit applicable to the site. The Applicant has also provided a Grading and Drainage Plan that details Best Management Practices including areas already stabilized and re - vegetated. Grading Area Map — Red is pre -disturbed area, Blue is non -disturbed area, White is outside the disturbance limits .74 ) 16 ij 7-205 Environmental Quality The Application represents the following regarding Air Quality: An air permit exemption was issued by the Colorado Department of Public Health and Environment (CDPHE) for the natural gas generator. The exemption is valid through June 2016. OXY assessed and determined the proposed Pond 10 does not qualify for an Air Quality permit. OXY conducted quarterly sampling of the previous ponds and analytical results concluded the hydrocarbons were less than 1%. Pond 10 operations are not considered commercial facilities since Oxy will be the sole user of the pond. The proposed pond qualifies for the CDPHE Reg 3, II.D.1.uuu exemption, which states: Surface water storage impoundment of non -potable water and storm water evaporation ponds, with the exceptions of oil and gas production water impoundments (including produced water tanks) containing equal to or more than one percent by volume crude oil on an annual average and commercial facilities that accept oil and gas production wastewater for processing. Oxy will continue to perform quarterly sampling of Pond 10 to monitor compliance with the CDPHE Air Permit exemption. Storm Water Management Permits, Installation of Best Management Practices, SPCC Plans, and Reclamation and Erosion Control Plans address protection of water quality. In addition, Oxy has installed 4 monitoring wells down gradient from the Water Impoundment. With regular monitoring, Oxy will be able to determine early on if there is a malfunction with the pond liners. The storage facilities will not have hazardous materials onsite and as a result, the stored materials should not impact water quality. 17 Installed Monitoring Well Locations r� OXY USA IPV T P LP OXY 760 Horizon Drive, Suite 101 160/ Grand Junction, CO 81506 Pond 10 - Monitor Well Map Revised: May 7, 2014 Garfield County, Colorado 0 125 250 500 Feet Pond 10 FN.,d, Pond 10 Access Road 'rte Oxy Responsible Road Unimproved Public Road Gravel Public Road 441.1. Paved Public Road 18 7-206: Wildfire Hazards No structures are proposed and no comments were received from the Fire Protection District. The Emergency Response Plan includes a specific section on Field Fire Prevention. The facility is not located within a "very high" wildland fire susceptibility designation according to the Community Wildfire Protection Plan. In addition, no fuels or other combustible material will be stored onsite and no buildings will be constructed onsite with shake roofs. 7-207 Natural and Geologic Hazards The NRCS Soils information and the Natural and Geologic Hazards Report and the Rockslide and Landslide Assessment contain information on soil types, limitations, local geology, and geologic hazards. The primary limitations noted were based on slopes and the potential for rock falls and/or landslides. The Applicant states the following regarding this hazard: The Site and access road are in an area of rockfall or potential for rockfall. The site has been designed to mitigate the potential impacts and several engineering features will be constructed to protect the site. The site will be constructed with a buffer area around the perimeter to protect it in the event of rock falls. The pond will be located approximately 25 feet from the toe of the slope and a low hill to the east of the Site will have a maximum height of 5 feet to 10 feet above the base of the swale, and 35 feet above the base of the Pond 10 pad. The swale will vary in width from 12 feet to 2 feet, and in depth from one foot to five feet. An assessment of rockslides and landslides was conducted by Oxy's Operations Engineer. No evidence of large rocks or debris exists west of the buffer or near the Site. The Assessment determined there was not a significant risk to the proposed site from rockslides and landslides. Based on the submitted reports, the danger and potential risk from rockslides and landslides are considered not significant. 7-208: Reclamation The Applicant has included a reclamation plan that addresses re -vegetation and reclamation. Consistent with the comments received from Garfield County Vegetation Management, the Applicant will need to submit a soil management plan. In addition, the surface area to be reseeded has been quantified as 1.63 acres. Prior to issuance of the Land Use Change Permit, a revegetation security in the amount of $4,075 shall be provided in a form recommended by the Garfield County Vegetation Manager. The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards section in the Garfield County Weed Management Plan (Resolution 2002-94, Section 4.06, 4.07 and 4.08). 19 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. A noise analysis was conducted for the generator located onsite. It was found that the generator complies with COGCC regulations. 7-303: Landscaping As an industrial, use landscaping submittals and standards are not applicable to the proposal. 7-304: Lighting Permanent lighting will not be installed on the site. Temporary lights may be necessary during loading and unloading during early morning or evening hours. 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 including areas adjacent to the proposed storage areas are available for snow storage. 7-306 Trails Trails standards are generally not applicable based on the industrial nature of the proposal and surrounding uses. 7-1001 INDUSTRIAL USE STANDARDS The Applicant represents that the facility will comply with all the Industrial Use Standards contained in Section 1001 with exception to Section 7-1001(B) Setbacks and 7-1001(D)(3) Storing Setbacks. The Applicant has requested waiver from these provisions as outlined below. The following summary addresses the applicable provisions. 20 A. Residential Subdivisions The facility is located on a large tract of OXY USA WTP LP property in a remote area of Garfield County. The facility is over 2000 feet from the nearest residence. B. Setbacks The southern end of the facility, with exception to the drainage infrastructure discussed below, will be approximately 10 feet from the property boundary. As a result, the Applicant is requesting a waiver from Section 7-1001(B) Setbacks and 7-1001(D)(3) Storing Setbacks. Section 7-1001(B) requires a setback of 100 feet from the property boundary for industrial uses. Section 7-1001(D)(3) requires a setback of 100 feet from the property boundary for storage uses. At the far southern end of the facility is proposed to be a storage facility for the Water Impoundment. It will be this storage facility that will be directly adjacent to the property boundary. In addition, some drainage infrastructure for the facility will be located on the adjacent Jojo Property to the South. As a result, the Applicant is requesting a Waiver from Section 7-101, Zone District Standards, which requires a side yard setback of 10 feet. The County Attorney's Office has reviewed the Surface Use Agreement for Oxy USA WTP LP on the adjacent Jojo property and has determined that the drainage facilities located on that property are consistent with that agreement. To this end, it is Staffs opinion that the applicant has the legal right to site drainage infrastructure on the adjacent Jojo property. Further, since grading for drainage is permitted in the setback, this setback request is not necessary. The Applicant has represented that the nearest home is over 2000 feet away and that Oxy currently has a Surface Use Agreement with the southern property owners (Jojo and Savage). The proposed site plan configuration is similar with the previous ponds on the site and no known complaints about that facility have been received by the County. In addition, no public comment was received from this application as a result of the neighboring property owners' notice. Following a site visit, it is evident that there are no residences which could be easily disturbed by a waiver from these setback requirements. To this end, in compliance with Section 4-118(C) it is Staff's opinion that granting these waivers would achieve a similar intent and would impose no greater impacts on adjacent properties than would compliance with the standards. C. Concealing and Screening The site is effectively screened by topography and geographical features. D. Storing The materials to be stored on the site will be large industrial equipment that will not be transferred off the property by any foreseeable natural causes. No hazardous materials will be stored on the site, however, all industrial products and wastes will be stored in accordance with all applicable state and federal regulations. 21 See the above discussion in Section B regarding setback waivers. E. Industrial Wastes No hazardous wastes will be stored in these facilities. The pond will be permitted through the COGCC and CDPHE. F. Noise The Applicant represents that COGCC noise limits will be adhered to. Noise associated with the site is typically limited to the natural gas generator and pump units located adjacent to the pond. Topography, geographical features and distance provide for noise mitigation. The facility has been in operation in a modified configuration and has not experienced noise compliance issues. G. Ground Vibration No ground vibrations are expected from the site. H. Hours of Operation The facility will operate during daylight hours and in compliance with the LUDC. I. Interference, Nuisance, or Hazard No other nuisance or ground vibration hazards are anticipated based on type of use, existing operation, COGCC compliance, and the remote location. V. SUPPLEMENTAL SUBMITTALS AND ADDITIONAL STAFF ANALYSIS The Applicant has provided a supplemental package of COGCC Permitting, Notices, SPCC Plan, and Form 15 Approvals for the water impoundment. The documents are attached as exhibits and demonstrate the history and current status of COGCC approvals. VI. SUGGESTED FINDINGS 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 OXY USA WTP LP Pond 10 Water Impoundment and Storage Facilities is in the best interest of the health, safety, convenience, order, prosperity and welfare of the 22 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 a waiver from the setback standards, the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. VII. RECOMMENDATION The following recommended conditions of approval are provided for the Board of County Commissioners consideration. 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 Pond 10 Water Impoundment and Storage Facilities shall be done in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility. Conditions Prior to Issuance 3. The Applicant shall provide specifications on the netting to Colorado Parks and Wildlife which verifies that waterfowl and birds are prevented from entering the Water Impoundment. These specifications shall be reviewed and accepted by Colorado Parks and Wildlife. Verification of this acceptance shall be provided to the Garfield County Planning Department prior to issuance of the Land Use Change Permit. 4. The surface area to be reseeded has been quantified as 1.63 acres. Prior to issuance of the Land Use Change Permit, a revegetation security in the amount of $4,075 shall be provided in a form recommended by the Garfield County Vegetation Manager. The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards section in the Garfield County Weed Management Plan (Resolution 2002-94, Section 4.06, 4.07 and 4.08). 5. Prior to issuance of the Land Use Change Permit, the Applicant shall provide Garfield County Vegetation Management a soil management plan that identifies any stockpiles that will sit exposed for a period of 90 days or more. This plan shall be reviewed and accepted by Garfield County Vegetation Management. 23 6. Prior to issuance of the Land Use Change Permit, the Applicant shall provide documentation that the site remediation has been completed to the satisfaction of the COGCC. 7. Prior to issuance of the Land Use Change Permit, the Applicant's contract wildlife and vegetation specialist, ERO, shall conduct a follow-up site visit consistent with their recommendations in the report dated March 20, 2014 to verify that no raptors or noxious weeds are identified on the site. Other Conditions 7. The facility shall maintain compliance with CDPHE Storm Water Management Permits, Drainage and Grading Plans, Reclamation and Erosion Control Plans for the site. 8. Implementation of the Applicant's Dust Control Plan shall be required. 9. Compliance with all COGCC fencing, lining, 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. 10. The facility shall maintain compliance with COGCC Noise Standards/Regulations. If future compliance issues are identified the Applicant shall provide noise mitigation in order to achieve compliance along with a technical evaluation by a qualified professional to confirm compliance. 11. The Applicant shall comply with all SPCC Plan provisions and shall keep the plan current and updated for any changes to the facility. 12. 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. 13. The Emergency Response Plan provided with the Application submittal including contact information shall be kept updated. 14. The Applicant shall comply with their Noxious Weed Management Plan including the best management practices. 15. The Applicant shall comply with the recommendations of the ERO Resources Biological Resource Report (dated March 20, 2014) included in the Applicant's submittals and the Colorado Parks and Wildlife recommendations contained in their referral letter dated April 24, 2014. These conditions include: a. Night lighting should be reduced to reduce disruption to wildlife; b. Any garbage containers shall be in locking and bear -proof; 24 c. Disturbed soils shall be reseeded and reclaimed as soon as possible with a seed mix prescribed in the Oxy SPCC and in accordance with the requirements of Garfield County Vegetation Management; d. All speed limits shall be posted, enforced and set at 25 mph or less; e. The netting on the pit shall be designed to prevent birds from entering; f. Colorado Parks and Wildlife shall be notified immediately if any birds and/or wildlife are found dead or trapped within or around the pit, netting or fencing; g. The pit shall be constructed with a 4:1 escape ramp to allow entrapped wildlife to escape; h. Fencing around the pit shall consist of a minimum of a 7 -foot chain-link fence capable of preventing elk and deer from entering the pit; concurrently it should have a small mesh type of fencing along the bottom of the fence (buried one - foot below grade level and extending a minimum of two -feet above grade) capable of preventing small animals from entering between the gaps (gaps should be no larger than 3 -inches). 16. Storage areas shall be limited to the areas identified in the site plan and limited to the use of Oxy USA WTP LP operations on the subject property. The Storage Area identified as #3 shall only be utilized to serve the Water Impoundment facility. 25 COLORADO PARKS & WILDLIFE April 24, 2014 711 Independent Avenue • Grand Junction, Colorado 81505 Phone 970-255-6100 • FAX 970-255-6111 epw.state.co.us David Pesnichak Garfield County Building and Planning Department 108 8th. Street, Suite 401. Glenwood Springs, CO 81601 RE: Oxy Pond 10 Centralized E&P Waste Management Facility LIPA 7864 Dear Mr. Pesnichak: EXHIBIT Colorado Parks and Wildlife (CPW) would like to thank you for the opportunity to work with Garfield County in the review of the Oxy Pond 10 Centralized E&P Waste Management Facility. The proposed Pond 10 site plan is designed to be approximately 9.836 acres and will be southerly located on parcel 2169-214-00-026, the Southeast 1/4 of the Southwest'/ of Section 5, Township 7 South, Range 97 West of the 6th Principal Meridian in unincorporated Garfield County on an existing pad site. This request would convert an existing production pond to a centralized E&P waste management facility. It is our understanding that the purpose of the facility is to conserve water by recycling flow -back and produced water for re -use in well stimulations or drilling. This site and associated access road is located a greater sage -grouse production area. No significant impacts to wildlife are anticipated if the following recommendations are incorporated into the development of this project: • Night lighting should be of the full -cutoff type and/or timed or otherwise minimized to reduce disruption to wildlife. • Black bear are commonly found in the area during the spring/summer months. To reduce the likelihood of bears becoming habituated to garbage and other attractants, trash should be stored in locking, bear -proof containers emptied on a regular basis. • Following the completion of construction activities, newly exposed soils should be revegetated as soon as possible to prevent erosion and to reduce the likelihood of non-native plants becoming established in the area. Seed mix used for revegetation should be certified as weed -free and consist of native seeds from plants that are common to the area. STATE OF COLORADO John W. Hickenlooper, Governor • Mike King, Executive Director, Department of Natural Resources Bob D. Broscheid, Director, Colorado Parks and Wildlife Parks and Wildlife Commission: Robert W. Bray ■ Chris Castilian, Secretary • Jeanne Home Bill Kane, Chair • Gaspar Perricone • James Pribyl • John Singletary Mark Smiih, Vice -Chair • James Vigil • Dean Wingfield • Michelle Zimmerman Ex Officio Members: Mike King and John Salazar • To reduce the likelihood of truck - wildlife collisions, proper speed limits (< 25 mph) should be posted and enforced on all service roads. • Fencing around the pit should consist of a minimum of a 7 -foot chain-link fence capable of preventing elk and deer from entering the pit; concurrently it should have a small mesh type of fencing along the bottom of the fence (buried one -foot below grade level and extending a minimum of two -feet above grade) capable of preventing small animals from entering between the gaps (gaps should be no larger than three -inches). • The pit should be constructed with a 4:1 escape ramp to allow entrapped wildlife to escape. • The pit should be adequately netted to ensure that waterfowl and other birds are prevented from entering. CPW would appreciate Oxy USA WTP providing information on the design proposed for the netting. • CPW requests to be notified immediately if any birds and/or wildlife are found dead or trapped within or around the pit, netting, or fences. • Construction activities for the facility should occur outside of the time period from March 1 through June 30 to minimize impacts to sage -grouse production areas. Colorado Parks and Wildlife appreciates the opportunity to work with Garfield County on this and other projects for the benefit of wildlife. If you have any questions please contact Albert Romero, District Wildlife Manager, at 970-216-3847. Sincerely, JT Romatzke Area Wildlife Manager cc: Ron Velarde, NW Regional Manager Dean Riggs, Assistant NW Regional Manager Michael Warren, Energy Liaison Albert Romero, District Wildlife Manager File May 1, 2014 Garfield County Dave Pesnichak Garfield County Community Development Department RE: Oxy Pond 10 LIPA 7864 Dear Dave, Vegetation Management The amount of surface area disturbance to be reseeded to areas around the pond is not clear from the Site Plan submitted. Prior to issuance of the Land Use Change permit the Applicant shall provide information regarding total amount of site disturbance related to proposed improvements and provide a revegetation security based upon $2,500.00 per acre of revegetated area if the amount of disturbance is greater than 1/2 acre. Also, it is requested that the applicant provide a soil plan that provides for soil cover if any topsoil stockpiles will sit exposed for a period of ninety days or longer. 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 David Pesnichak From: Wyatt Keesbery Sent: Thursday, May 01, 2014 2:50 PM To: David Pesnichak Subject: Oxy Pond 10 (LIPA 7864) David, After reviewing the proposed plan of converting 2 existing ponds to a centralized impoundment area for water storage and create a storage area for equipment and such, the Road and Bridge Department sees no issues with them proceeding as planned. Wyatt Keay Garfield County Road & Bridge District Foreman 0298 C.R. 333A Rifle, Co. 816.50 Office: 970-62.5-8601 Cell: 970-309-6073 1 April 25, 2014 Mr. David Pesnichak Garfield County Planning 108 8t1i Street, Suite 401 Glenwood Springs, CO 81601 RE: Review of OXY Pond 10: L,IPA-7864 Dear David: MOUNTAIN CROSS ENGINEERING, INC. Civil and Environmental Consulting and Design EXHIBIT l I This office has performed a review of the documents provided for the Limited Impact Review Application of the OXY Pond 10. The submittal was found to be thorough and well organized. The following comments were generated: 1. The figures, appendices, and attachments were not included in the Spill Prevention Control and Countermeasure plan. The entirety of these are not necessary but the Applicant should provide the figures and attachments that would be necessary and specific to Pond 10. 2. The Applicant should explain or provide more information about precipitation falling on Pond 10 and how the freeboard will be managed. Feel free to call if you have any questions or comments. Sincerely, Mounta Cross Engin Chris Hale, PE 826 Yz Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com STATE OF cOLORADO John W. Hickenlooper, Governor Larry Wolk, MD, MSPH Executive Director and Chief Medical Officer Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Denver, Colorado 80246-1530 Phone (303) 692-2000 Located in Glendale, Colorado www.colorado.govlcdphe April 16, 2014 Dave Pesnichak Garfield County Building and Planning Department 108 Sts St., Suite 401 Glenwood Springs, CO 81601 RE: Oxy Pond 10 Colorado Department of Public Health and Environment EXHIBIT I 13 Dear Mr. Pesnichak: On April 7, 2014, the Colorado Air Pollution Control Division (APCD) received a request for an air quality determination concerning Oxy Pond 10. APCD staff has reviewed the request and has determined that the following provisions of the Colorado Air Quality Regulations apply to the project. All sources of potential construction project air emissions in Colorado are required to obtain a construction permit unless specifically exempt from the provisions of Regulation No. 3. Go to the website www.co1orado.gov/cdphe/APCD to view this regulation - click on Air Quality Regulations, then Regulation No 3. Section II.D. 1 lists which projects are exempt from requirements of the regulation. hi addition, you will need to establish whether you are in an air quality attainment or non -attainment area, by accessing the information at www.colorado.govics/Satellite/CDPHE-AP/CBON/1251595265316. Once it has been determined that an Air Pollution Emissions Notice (APEN) is required, the next phase of air permitting involves submission of an Application for Construction Permit for each facility and one APEN for each emission source. A source can be an individual emission point or group of similar emission points (see Regulation No. 3, Part A). Both APEN reporting and permit requirements are triggered by uncontrolled actual emission rates. Uncontrolled actual emissions are calculated based upon the requested production/operating rate assuming no control equipment is used. In general, an APEN is required for an emission point with uncontrolled actual emissions of any critical pollutant equal to or greater than the quantities listed below: UNCONTROLLED ACTUAL EMISSIONS AREA Attainment Area 2 tons per year Non -attainment Area 1 ton per year All Areas _I Lead emissions: 100 poundsperyear Sources of non -criteria reportable pollutants have different reporting levels depending upon the pollutant, release point height and distance to the propertyline. Please see Regulation and for a list of non cr tesla reportable o. 3 air pollutants. endix A and C determine the appropriate reporting level for each pollutant, However, none of the exemptions from an APEN filing requirement shall apply if a source would otherwise be subject to any specific federal or state applicable requirement. Information concerning submittal of revised APEN is also given in Regulation No. 3, Part A. An APEN is valid for five years. The five year period recommences when a revised APEN is received by the Division. If you have any questions regarding your reporting or permitting obligations, please contact the Small Business Assistance Program at 303-692-3148 or 3175. Implementation of small government wastewater projects should be guided by the following chart to estimate VOC and HAPS emissions in order to determine if you are required under Regulation No. 3 to apply for a permit and APEN. Pollutant Emissi Lb/Ml VOC 3.4941 Hexamine 0.412( Perchloroethylene 0.008 0.228" Benzene 0.002+ Toluene Total Xylene 0.002+ Amonia 19.00" on Factor 4 gallon 4 7 '0 3 7 i7 FO Bin # C A C C C C Contact Chip Hancock, Permit Engineer, at 303-692-3168 if you have any questions about the calculation. Land development construction activities (earth moving) that are greater than 25 acres or more than six months in duration will require an APEN from the Air Division and may be required to obtain an air permit. In addition, a start-up notice must be submitted thirty days prior to beginning a land development project. Please refer to the website www.colorado.gov/cdphe/APCD for information on APEN forms. Click on Construction Permit and Compliance Forms, then click on the menu item that applies to your project. If you have any questions or need additional information, please call the phone number(s) listed above, or you may call/ e-mail me directly at 303-692-31271 jim.dileo@state.co.us. Thank you for contacting the Division about requirements for your project or permit. Sinc ami A. Di eo EPA Coordinator Air Pollution Control Division Colorado Department of Public Health and Environment EXHIBIT iLf May 7, 2014 Garfield County Community Development Department Attention: Dave Pesnichak 108 8th St Suite 401 Glenwood Springs, CO 81601 Subject: Limited Impact Review for OXY USA WTP LP Pond 10 (LIPA 7864) Re: Response to Referral Comments Dear Dave: The following letter is in response to referral comments for the Pond 10 application. • Response to Colorado Air Pollution Control Division of the Colorado Department of Public Health and Environment comments Oxy intends to operate Pond 10 under the following exemption within Regulation Number 3: ILD.1.uuu. Surface water storage impoundment of non -potable water and storm water evaporation ponds, with the exceptions of oil and gas production wastewater impoundments (including produced water tanks) containing equal to or more than one percent by volume crude oil on an annual average and commercial facilities that accept oil and gas production wastewater for processing. Oxy will monitor the ponds to ensure hydrocarbons remain below 1% as referenced in the exemption language, and pond emissions remain below specific levels to prevent the applicability of federal requirements. Michael Brygger Environmental Advisor Sr - Mid -Continent OXY USA WTP LP OXY USA Inc. Ph: 970.263.3601 Cell: 970.210.0275 • Response to Chris Hale of Mountain Cross Engineering, Inc. comments 1) SPCC figures and site specific details will be provided to the Garfield County Community Development Department upon completion of construction activities. SPCC status letter from Olsson Associates is provided in Attachment A. 2) Management of freeboard will occur as follows: Oxy will operate the facility to account for the required 2 feet of freeboard. Oxy monitors the facility by field personnel, inlet meter equipment to track transfer volumes, and Iconics. (conics is a fluid level monitoring system which provides real-time fluid levels within Pond 10. Field personnel receive an email every morning at 7AM and every evening at 6PM providing an (conics summary report of the fluid level of Pond 10. Additionally, an alarm notification is provided to all field personnel the moment fluid levels reach above the required 2 feet of freeboard within Pond 10. Once the alarm is received, Oxy field personnel will respond to the Facility to move water to another location until the required 2 feet of freeboard is achieved. • Response to Steve Anthony, Garfield County Vegetation Manager comments 1) The total grading surface area will be 5.34 acres. After construction activities 1.63 acres of the site will be re -seeded. Initial re -seeding will occur in areas graded for drainage and stormwater features mitigation features. 2) The total grading surface area will be approximately 5.34 acres. A re -vegetation security of $12,500 will be provided to Garfield County prior to issuance of subject permit. 3) No top soil will be stored for longer than 6 months. • Response to Colorado Parks and Wildlife (CPW) comments 1) No lighting will be installed at the proposed site. Temporary lighting will be used during completion activities when the site will be operated full time. All temporary lighting will be directed inward, towards the interior of the proposed site, minimizing impacts to wildlife. Night lighting will be full cutoff. 2) No trash or bear attractants will be stored at the Pond 10 site. All food and other waste must be transported off site by personnel. 3) Areas to be re -seeded will be re -seeded immediately following completion of construction activities. A certified weed -free native seed mix will be used to re -seed disturb areas. Oxy adheres to the Oxy Weed Management Plan, which details seed mixes and best management practices. 4) Private access roads have a speed limit of 25 miles or less. Activities will adhere to Oxy policies, including traffic regulations and posted speed limits (25 mph in project area). 5) A fence with a height of 8 -feet will be installed around the perimeter of Pond 10. The fence will be chain link with a wildlife mesh extending 1 foot below grade and 2 feet above grade attached to the 8' chain link fence. The wildlife mesh will prevent small animals from entering the site. Gaps will be 2 inches. Fencing details are provided in Attachment B and are located in the Maps and Plans tab of the Pond 10 application. 6) The proposed Pond 10 will be constructed with a 4:1 escape ramp to allow entrapped wildlife to escape. 7) Netting will be installed at the Proposed Pond 10 site. Netting specifications are detailed in Attachment C. 8) OXY USA WTP LP policy states any bird and/or wildlife found trapped or dead within or around the pond, netting, or fencing will be reported to CPW immediately. 9) The proposed Pond 10 site location is not within the Greater Sage-Grouse production area. A figure showing the sensitive wildlife habitat, including the greater sage-grouse production area is provided in Attachment D. The Environmental Impact Assessment, completed by ERO Resources Corporation, details wildlife habitat located within the area of the site. The Assessment states Greater Sage-Grouse did not occur within the site area. The Environmental Impact Assessment is located in the Impact Analysis tab of the Pond 10 application. Thank you and please let me know if you have any questions or require additional information. Sincerely, Katy Middleton Blue Sky Permitting and Planning, LLC Attachments: Attachment A: Olsson Associates SPCC Letter Attachment B: Fencing Details Attachment C: Netting Specifications Attachment D: Sensitive Wildlife Habitat Figure 4$.OLSSON ASSOCIATES May 6, 2014 Chris Clark OXY USA WTP LP 760 Horizon Drive, Suite 101 Grand Junction, CO 81506 Subject: SPCC Status — Pond 10 Garfield County, Colorado Dear Mr. Clark, At the request of OXY USA WTP LP (Oxy), Olsson Associates (Olsson) updates the field -wide Spill Prevention Control and Countermeasure Plan (SPCC) document (the plan) for Oxy's facilities every January and July. Olsson amends the plan to reflect any changes to existing and the addition of new facilities to reflect as -built conditions. As required by the Oil Pollution Prevention Rule (the regulation), an SPCC Plan must be prepared and implemented within six months of operations for new production facility [40 CFR 112.3(b)]. Also, the plan must be amended within six months of any change in operation or equipment that can affect an existing facility's ability to discharge oil [40 CFR 112.5(a)]. The amendment cycle described above was intended to satisfy these requirements. Oxy's Pond 10 production facility is currently undergoing major modification. The changes at the facility will result in a technical amendment to the plan. Currently there is no oil storage onsite that would require the need for an SPCC plan. The amendment planned for this July will reflect current conditions at the facility indicating that there is currently not enough oil storage at the facility to trigger inclusion in the plan. Following oil storage exceeding 1,320 gallons, at the facility, the site specific documents in the plan will be updated and recertified by a professional engineer to show current as -built conditions. The most recent amendment to the Pond 10 production facility specific portion of the plan was done in July 2013. The facility documentation in the plan will be updated in July 2014, as required by the rule for technical amendments, to indicate that there is currently less than 1,320 gallons of oil stored at the facility. The facility plan will be modified within six months following the commencement of oil storage operations. The current Facility Overview Sheet and Facility Diagram are located in the following attachments. The documentation does not reflect current conditions at the site. As stated above, Olsson will update this documentation in July of this year to reflect current conditions at the facility and again once oil storage operations resume at the facility. 760 Horizon Drive, Suite 102 TEL 970.263.7800 Grand Junction, CO 81506 FAX 970.263.7456 www.olssonassociates.com 013-0656 SPCC Status- Oxy Pond 10 05/01/14 Once the facility construction is complete and oil storage operations resume at the facility, the SPCC Facility Diagram and Facility Overview Sheets will be revised to reflect as -built conditions. Oxy will provide these documents to the Garfield County once they have been prepared. If you have any questions regarding this assessment, please contact me at 970-263-7800. Sincerely, Olsson Associates Ken Kreie Senior Scientist Enclosures — Facility Overview Sheet Pond 10 Facility Diagram Pond 10 Cc: Project File FACILITY OVERVIEW 1. Facility Name Pond 10 NIS 2. Operational Area Cascade Creek 3. Physical Location (coordinates) SESW Sec 5, T7S R97W, 6th PM 4. Facility Contact Phone # (970) 263-3600 5. Photo: 6. Facility Description (physical layout & function of facility): These facilities are storage ponds for produced water. Oxy monitors the fluid level to ensure adequate freeboard by installing ICONICS electronic equipment which transmits the fluid level to the field office in a daily report. Pond 10 North is equipped with a 60 -mil HDPE liner and Pond 10 South is equipped with a 60 -mil Poly liner. 7. Drainage Pathway and Distance to Navigable Waters Spill direction is to the Southwest. The nearest surface water body is approximately 700 feet away from location. 8. Oil Storage Containers/Other Bulk Chemical Storage: SPCC Tank ID Contents Capacity Units (bbl/gal) Containment TypeA Discharge Prevention C1P1 Produced Water 44,012 bbl Pond w/60 mil HDPE liner Level monitor and freeboard C1P2 Produced Water 42,864 bbl Pond w/60 mil HDPE liner Level monitor and freeboard C2T1 Produced Water 500 gal Double walled tank ACC C3T1 Produced Water 400 bbl Lined earthen berm ACC C4T1 Methanol 100 gal Cement containment ACC A Containmen a combination, B Discharge Prevention E'ualization Types: Steel w/ or w/o Liner, Earthen, Poly, Hesco, Concrete, Steel Stock Tank, Steel Trough, etc. or as applicable Measures: High Level Indicator (HLI), Adequate Container Capacity (ACC), Top Lines (TEL), Bottom Equalization Lines BEL , etc. or a combination, as applicable Oxy SPCC Facility Pond 10 North-South Rev Date: 07/06/2013 9. Flow -Through Process Vessels (Separators, Knock -out Pots, Filter Pods, etc); SPCC Unit ID Unit Type Material Processed Capacity Units (bbl/gal) Containment Type PMPI Floating Pump Produced Water NA NA General Secondary (refer to Section 5.1) PMP2 Floating Pump Fresh water NA NA General Secondary (refer to Section 5.1) 10. Notes (out -of -service, empty tank storage, portable containers on-site, deviation from SPCC rules, etc.): Forrner Generator, Compressor, and'/ buried 4'x4'x4' produced water tank have been removed and are no longer located on the site. Catch basin is 19.5'x15'x5" A Facility Response Plans is being prepared for this Facility. Oxy SPCC Facility Pond 10 North-South Rev Date: 07/06/2013 2 $ ±0. Containment Production Tank Non -production Tanks Portable Containment Do0011 Loading and Unloading Area 0 Vapor Combustion Unit ® Production Vessels °0 LoadoutPot Underground Mixed Phase Pi pi Underground Cond./Water Pi pi Underground Water Piping Underground Vapor Piping Underground Gas Piping f f + f III I Above Ground Mixed Phase Pip ta no g 0 a \ \ j ro - § S 0 0 0 (.9 % ; « j / ) < < < < Production Tank Feed Line Tank Vapor Lines Equalization Line (TEL, BEL) Temporary Tank Storage area Direction of Flow Ponds or Pits E Too Locations of underground piping are approximate. Not to scale, Rev Date: 07/06/2013 Oxy SPCC Facility Pond 10 North-South o 0 m r m 'ON ONIMV1:10 0 K m N.1 N aDuad puod xaala uuo0 th th D —4-- adid 07SS 9/5 9 N• N 0 w N 0 n N 0 O 3E aouad puod xaaap uuo3 6'- 8' CHAIN LINK FENCING DETAIL TAYLOR FENCE COMPANY OF GRAN f'1~ JUNCTION 832 21 112 ROAD P.O. BOX 3125 GRAND JUNCTION, CO 81502 970-241-1473 FAX 970-241-1475 SYMBOL OF CUAI_I IV AN II) V'�/OIu MANSI1 II! CHAIN LINK FENCE SPECIFICATION OXY USA INC CONN CREEK POND FENCE FABRIC: 96" 9 GA GALVANIZED (2" MESH) CHAIN LINK FABRIC. TOP RAIL: 1 5/8" O.D. SS40 STRUCTURAL PIPE, 1.82 LBS PER FOOT. TOP RAIL IN 21' LENGTH, WITH SLEEVES. LINEPOST: 2 3/8" O.D. SS4O STRUCTURAL PIPE, 2.28 LBS PER FOOT. LINE POSTS SET 10' ON CENTER MAXIMUM SPACING. TERMINAL: 3" O.D. SS4O STRUCTURAL PIPE, 4.64 LBS PER FOOT. GATE POST: 6 5/8" O.D. SS4O STRUCTURAL PIPE, 19.5 LBS PER FOOT. BRACING: 1 5/8 O.D. SS40 STRUCTURAL PIPE, 1.82 LBS PER FOOT. FITTINGS: REGULAR BRACE BAND AND CARRIAGE BOLT, PRESSED STEEL RAIL, PRESSED STEEL CAP, PRESSED STEEL LINE TOPS, 3/16 X'A" TENSION BAR, REGULAR TENSION BAND AND CARRIAGE BOLT. TIE WIRE: 8'/4" 9 GA STEEL WIRE SPACED 15" ON CENTER FOR LINE POST AND 12" ON CENTER FOR RAIL. GATES: 1 5/8" SS40 STRUCTURAL PIPE FRAME, FABRIC SAME AS ABOVE. POST FOOTING: HOLE DIMENSION FOR LINE POST 8" X 30", TERMINAL POST 10" X 36", CONCRETE 3000 PSI US NETTING DIV OF NATIONAL TOOL GRINDING, INC. 1514 Veshecco Drive Erie, PA 16501 800-331-2973 Ext 228 Fax; 814-455-9336 heather@usnetting.com PRODUCT NAME 12 Baseball Barrier Netting PRODUCT SPECIHCATION SHEET PRODUCT DESCRIPTION #12 twisted nylon x 3-1/2" stretched mesh (1-3/4" square opening) dyed black & bonded CORDAGE SPECIFICATIONS DESIGNATION: 12 nylon seine twine YARN: DuPont® 6-6 728 nylon filament CONSTRUCTION: 3 strand, Z twist primary into S twist secondary YIELD: 1765 feet per pound TENSILE: 100 Ib minimum ._ NETTING SPECIFICATIONS 'WIDTH: up to 400 meshes deep LENGTH: 1000 Ib packaging limit (approx 5760 ml) SELVAGE: Single long YIELD: 100 square feel per pound WEIGHT: .01 Ibs per square foot COLOR; Black FINISH: "Diamondshield" Acrylic Latex ADDITIONAL NOTES: 800-331-2973 Ext. 228 fax 814-455-9336 heather@usnetting com Heather L. Masters Account Executive USNetting.com "Custom netting is our business." 1514 Vesheeco Drive Erie, PA 16501 USA /dig& OXY USA WTP LP OXY 760 Horizon Drive, Suite 101 MILr Grand Junction, CO 81506 Figure 5 Pond 10 Sensitive Wildlife Habitat Map Revised: January 21, 2014 Garfield County, Colorado 0 0.2 0.4 0.6 0.8 1 Miles Pond 10 Water Impoundment K Greater Sage Grouse Production Area iNg Mule Deer Critical Winter Range 0—\_.• Pond 10 Access Road Oxy Responsible Road Unimproved Public Road Gravel Public Road Paved Public Road • David Pesnichak From: Chris Hale <chris@mountaincross-eng,com> Sent: Thursday, May 08, 2014 9:41 AM To: David Pesnichak Subject: RE: Oxy Pond 10 EXHIBIT David: reviewed the additional information provided. All comments have been addressed and the review generated no additional comments. Sincerely, Mountain Cross Engineering, Inc. Chris Hale, P.E. 826 1/2 Grand Avenue Glenwood Springs, CO 81601 Ph: 970.945.5544 Fx: 970.945.5558 From: David Pesnichak [mailto:dpesnichak@garfield-county.com] Sent: Wednesday, May 07, 2014 5:00 PM To: Chris Hale Subject: Oxy Pond 10 Hi Chris, 1 sent your comments on to the Applicant for Oxy Pond 10. They sent back a response to your comments. Let me know if you have any additional thoughts or if it satisfies any your concerns — it will help me formulate the conditions of approval. I am working on getting the Staff Report out tomorrow. Thanks, Dave David Pesnichak, AICP Senior Planner Garfield County Community Development Department 108 8th St Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 dpesnichak@garfield-county.com http://www.garfield-county.corn/community-development/ Garfie Cuuulj7 e J. May 9, 2014 EXHIBIT /(, Garfield County Dave Pesnichak Garfield County Community Development Department RE: Oxy Pond 10 LIPA 7864 — Amended Comments Dear Dave, Vuetatloll A1anakement This is a reply to Oxy's response to our referral comments. The surface area of disturbance to be reseeded has been quantified as 1.63 acres. Staff recommends a revegetation security in the amount of $4075 (1.63 acres x $2500 per acre). The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards section in the Garfield County Weed Management Pian. The Reclamation Standards at the date of permit issuance are cited in Sections 4.06, 4.07 and 4.08 of the Garfield County Weed Management Plan (Resolution #2002-94). Please let me know if you have any questions. 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