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STATE OF COLORADO
County of Garfield
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, heldin the Commissioners'Meeting Room, Garfield ClountY Plaza Building, in
Glenwood Springs on Tuesday, the 7th day of September, 2004, there were present:
John Martin ' Commissioner Chairman
Larrv McCown , Commissioner
Trdsi Houpt , Commissioner
Don DeFord , CountY AttomeY
tvtita."a etrao.f , Clerk of the Board
Ed Green , CountY Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 2Oo5_ 1 3
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE
PERMIT FOR STORAGE & IIATERIAL HANDLT\IG OF NATURAL RESOURCES
FOR AN UPGRADE TO THE ENCANA / BENZEL WATER EVAPORATION
FACILITY
Parcel ID: 2 I 77-i62-04-345
WHEREAS, the Board of County Commissioners of Garfield County, Colorado,
received a Special Use Permit (SUP) request for "storage & Material Handling of
Narural Resources" submitted by Encana Oil & Gas USA, lnc on behalf of the property
owner, Benzel Livestock, LLP to upgrade the Encana / Benzel Water Evaporation
Facility; and
WHEREAS, the properfy containing the evaporation pit is confined within an 8.5
acre site on a rangeland parcel owned by Benzel Livestock, LLP comprising
approximately at least 1,800 acres and where the site is located approximately three mites
southeast of the City of Rifle immediately east and adjacent to County Road 319 located
in the Agriculrural / Residential / Rural Density (ARRD) zone district which
conternplates Storage & Material Handling of Natural Resources as a Special Use; and
WHEREAS, in 1996, the Board of County Commissioners approved a Special
Use Permit for the water evaporation facility which served as a collection point for
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produced rvater from the 34 natural gas wells that Snyder oil Company (SoCo) had in
the area and which approval is memorialized in Resolution 96 - 21 ; and
WHEREAS, the Applicant presently requests the Board of County
commissioners approve a Special Use Permit (suP) for Storage & Material Handling of
Natural Resources" in ordei to make certain upgrades to the Benzel Water Evaporation
Facility currently operated by Encana Oil and Gas, USA where the upgrades will improve
ttre ability of the pit to evaporate "produced water" which is a by-product of natural gas
well driliing op"rition. i, ihe area-also referred to as Exploration and Production Waste
by the Colorado Oil and Gas Conservation Commission (COGCC); and
WHEREAS, the Applicant proposes to make certain improvements and upgrades
to the existing facility which specifically includes the following:
(1) The upgraded system would be designed to treat 5.000 barrels of produced water
per day;
(2) Add three 5oO-barrel (bbl.) capacity cone-bottomed off-load tanks to receive
g,ater-hauling tn-rcks from natural gas production well sites' These tanks will sen"e
as the primary separation point for lighter than water hvdrocarbons and heavier
than water solids/ paraffin/ wastes;
(3) Move and/or replace tu,o existing 400-bbl. capacity off-load tanks to facilitate the
configuration of the upgraded system;
(4) Extend or modify the existing earthen berm secondary containment structure at the
facility to accommodate the changes to the storage tank layout;
(5) Add oiUwater separation equipment for treatnent of produced water from the
offload tanks. This would include a gravity scparator, (possibly) a polishing filter,
and electric-driven pumps to move oils and water as required;
(6) Construct a concrete containment pad to be used as a loading area for mobile tanks
for the solids/ paraffini waste lighter and heavier components separated from the
off-load tanks;
(7) Add an electnc-driven pump to feed the evaporation system;
(8) Add an evaporation spray system over the existing pond. This system will consist
of piping and spray nozzles to optimize the evaporation of produced water;
(9) Add an electric-driven pump for loading of tankers with recycled water from thc
existing pond;
(10) Upgrade the electrical service at the facility to provide electrical powsr to
additional equipment;
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(l l) After the new system is in operation anci the oil is effectively removed from water
f"-**:"*:i*ilt-1:ld' "*o"" the existing netting from the pond' with the
(12) Remove the existing equipment stored on the south side of the location; and
(13) Arrange for wellbore and other pipe storage on the location. This may include
addition ofpipe racks and sleepers for pipe storage'
WHEREAS'theBoardofCountyCornmissionersopenedapublichearinqglt}"
7,b day rf
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ZOO+ upon the question of whether the above-described SUP for
Storage & Material Handling of Natural Resources should be granted or denied, during
which" hearing the public and interested persons were given the opportunitv to express
their opinions regarding the issuance of said SUP; and
WHEREAS, the Board of County Commissioners closed the public hearing on the
7'h day of Septernber,2OM to make a final decision; and
WHEREAS, the Board of County Commissioners on the basis of substantial
competent evidence produced at the aforementioned hearing, has made the following
determination of tacts :
L That proper publication, public notice, and posting was provided as required by
law for the heanngs before the Board of county commissioners.
2. That the public hearing before Board of County Commissioners rl'as cxtensive
and complete; all pertinent facts, mafters and issues wsre submitted; and that ali
interested parties were heard at those hearings'
3. The proposed special use perrnit conforms to Sections 2.02.31(4), 2'02.31(6)'.
3.02.b3,5.03,5.03.07 anO i.Of.OS of the Garfield County Zoning Resolution of
1978, as amended.
4. The proposed use is in the best interest of the health, safety, morals, convenience,
order, prosperity and welfare of the citizens of Garfield County'
NOW, THEREFORE, BE IT RESOLVED by the Board of county
Commissioners of Garheld County, Colorado, that based on determination of facts set
forth above, the SIIP requcst for Storage & Material Handling of Natural Rssources is
approved for the proposed upgrades to the Benzel Water Evaporation Facility with the
following conditions:
L That all representations of the Applicant, either within the application or stated at
the hearing before the Board of County Commrssioners, shall be considered
conditions of approval unless explicitly altered by the Board'
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4.
5.
2. That the operation of the facility be done in accordance with all applicable
federal, state, and local regulations governing the operation of this tlpe of
facility.
That the Applicant shall comply with the fire protection provisions included in
the rules and regulations of the Colorado Oil and Gas Consenation Commission
(COGCC) and the National Fire Code as the Code pertains to the operation of
this facilitir.
The construetion of the neu, structures at the facility shall be constructed in a
manner to mitigate any existing problems u'hich may occur due to the possibility
of shrink-sweli charactenstics in the soils at the propertl,.
The issuance of the SUP shall be subject to an annual revie'*' of the water
chemistry contained in the evaporation pit at such time when free standing water
is within the pit and water samples collected fro the ground rvater monitoring
u'eil. These analyses shall be submitted to the Building and planning Department
on the first day of July for every year the pit is in operation. The cost of this
analysis shall be bom entirely by the Applicant. If this water is determined,
through these analyses. to be hazardous or toxic based on applicable standards,
the Applicant or owner / operaror o1'the tacilty shall be required to submit an
additional sUP to specifically'address / mitigate any detected potential hazards.
The county reserves the right to retain outside expertise, at the expense of the
Applicant / operator of the facility, in order to conduct tests or analyses of the
physical nature, water chemistry or groundwater properties on or away from the
site.
That the Applicant shall submit proof that a site reclamation security of
$50,000.00, as required by the coGCC to ensure proper recramation /
rehabilitation of the site has been accepted by the COGCC,
That this facility is for the sole use of the Applicant. If any other entities are to be
added as users, then they would be subject to an additional Strp as well as rules
and regulations as administered by the COGCC.
The Applicant shall submit a landscaping plan that prolrdes a natural visual
buffer effectively shielding the operation from the people traveling cR 319 using
a combination of bushes and trees such that the faciliry will be at least partially
shielded year round. No Special Use Permit shall be issued until such plan has
been implemented.
That all out-otstate vehicles and equipment associated with the operation of the
facility be properly licensed within Garfield Counry.
6.
7.
8.
9.
10
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12. The Applicant shall comply with the following requirements in order to mitigate
adverse affects of this operation on wildlife as submitted by the Applicant in
Exhibit O:
The Applicant shall install an eight-foot high perimeter big-game fence
and a two to three-foot-high mesh small game fence immediately
surrounding the pond and buried six to eight inches in the ground,
The Applicant stated the oil-separation process used at the facility
prevents oii from reaching the evaporation pond rvater. The Applicant
shall monitor the pond for the presence of oil as a matter of t_vpical
operation and maintenance duties and to prevent wiidlife from being
harmed. If, in the unlikely event, oil reaches the pond u'ater, the Applicant
shall take measures to immediately remove it.
The Applicant shall be allowed to remove the existing netting over the
pondl however. the Applicant shall install a waterfowl deterrence system
to take the place of the netting. This deterrent system shall consist of the
placement of high-tensile wirc at regular intervals across the pond. Thcse
wires act as a visual deterrent to birds attempting to land on the water, and
as a noise deterrent, as the stretched *'ire creates an ultrasonic (inaudible
to humans) sound"
The Applicant shall immediately report the death of any migratory bird
caused by activities or structures at the facility to the Colorado Division of
Srildiife and the United States Fish and Wildlife Service in accordance
with state and federal regulations.
e. The Applicant shali make every effort to prevent runoff from the faciliqv
of any stored liquid, including the water held in the evaporation pond. The
Applicant shall follow all applicable State and Federal regulations
utilizing best management practices with regard to storrn$,ater pollution
prevention and spill prevention and control to preclude impacts to surface
water, ground water, or soil. An existing leak detechon device is in place
bsneath the impermeable pond liner to alert operation personnel of a
breach in the liner. This device will be maintained and monitored
throughout operation of the facility.
13. That the Applicant shall obtain a Watershed District permit from rhe City of
Rifle. This permit shall be approved and submitted to the Building and Planning
Department prior to issuance of a Special Use Permit.
14. Prior to the issuance of a Special Use Permit, the Applicant shall submit the
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following items to the Count Vegetation Manager for approval:
A. The Applicant shall map and inventory the property for the County Listed
Noxious Weeds.
B. The Applicant shall provide a Weed Management Plan for the inventoried
noxious weeds. Weed management should occur prior to soil disturbance.
C. The Applicant shall augment the site reclamation plan by providing a plant
material list and planting schedule for the reclamation.
D. The Applicant shall provide a Mosquito Management PIan tlat rvill
address how they intend to monilor and manage this site for mosquitoes.
15. The Applicant shall install a stop sign at the entrance / exit to the properly and
the driveway and shall apply sufficient amount of gravel to the site so that mud is
not tracked onto CR 319. These improvements shall be completed to the
satisfaction of the County Road and Bridge Department prior to the issuance of a
SUP.
16. The Applicant shall submit a "facilities operation report" to the Garfield County
Building and Planmng Departrnent dunng the first week o{'July fbr every year
the facility is in operation. This report shall include an analysis of the water in
the evaporation pit and status of the monitoring tube / pipe lying underneath the
pit as described in condition #5 above. In addition. this report shall include a
status report onhow all of these obligations of the Applicant listed as conditions
of apprcrval have been met.
aay or feJ , A.D.zoos.
GARFIELD COLINTY
OFBOARD
Jt
CO
GA
SSIONERS,
D COLTNTY,
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Upon motion duly made and seconded the foregoing Resolution was adopted by
the following vote:
John Martin , Aye
Larrv McCown , Aye
Tresi Houot Aye
STATEOFCOLORADO )
)ss
County of Garfield )
County Clerk and ex-officro Cierk of the
Board of County Commissioners in and for the County and State aforesaid do hereby
certiry that the annexed and foregoing Resolution is truly copied from the Records of the
Proceeding of the Board of County Commissioners for said Garfield County, nou,in my
office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seai of
said County. at Glenwood Springs, this _ day of , A.D. 2005
County Clerk and ex-officio Clerk of the Board of County Commissioners