HomeMy WebLinkAbout2.0 BOCC Staff Report 04.07.2008Exhibits for a public hearing held on April 7th, 2008
Exhibit
Letter
(A to Z)
Exhibit
A
Proof of Mail Receipts
B
Proof of Publication
C
Garfield County Zoning Resolution of 1978, as amended
D
Staff Memorandum
E
Application
F
Letter from Colorado Division of Wildlife, dated March 1st, 2008
G
Letter from Mountain Cross Engineering, GarCo Consulting Engineer, dated March
10th, 2008
H
Email from GarCo Road and Bridge, dated February 8th, 2008
I
Letter from Grand Valley Fire Protection District, dated February 27th, 2008
PROJECT INFORMATION AND STAFF COMMENTS
TYPE OF REVIEW
APPLICANT
LOCATION
PARCEL INFORMATION
EXISTING ZONING
ADJACENT ZONING
BOCC 4-07-2008
CR
Special Use Permit - Temporary Employee
Housing facility
Berry Petroleum Company and Marathon Oil
Company
The subject property is located approximately
18 miles northwest of the Town of Parachute.
Parcel No. 213532100009
Resource Lands (RL)
Resource Lands (RL)
Open Space (OS)
Town of Parachute, CO
Berry Petroleum Co and Marathon Oil Co. -Temporary Employee Housing
BOCC — 4-7-2008
Page 2
I DESCRIPTION OF THE PROPOSAL
The Building and Planning Department received a Special Use Permit (SUP) application for a
"Temporary Employee Housing" facility on property owned by Berry Petroleum Co. and Marathon
Oil Co. described as Parcel No. 213532100009 (880 acres) and located approximately 18.7 miles
north of the Town of Parachute.
More specifically, the Applicant requests approval for up to eighteen (18) Temporary Employee
Housing units to house personnel for the purpose of natural gas drilling operations. The proposed
housing units will provide housing for up to four (4) people in each unit (maximum of 72
employees).
If approved, the proposed Temporary Employee Housing facility will be located on the previously
approved Warehouse Facility and Staging Area. The Board of County Commissioners (the Board)
approved the Warehouse Facility and Staging Area Conditional Use Permit on December 17th, 2007.
According to the Applicant:
1.0 PROJECT OVERVIEW
1.1 Proposed Use
On behalf of Berry Petroleum Company, Marathon Oil Company (Marathon)
requests a special use permit (SUP) for temporary employee housing associated
with construction operations for its Piceance Project (aka, the G.M. Stewart
mancamp). Marathon currently holds 8,700 net acres northwest of the Town of
Parachute (Location Map Tab) and holds a lease from Berry Petroleum Company
for the area where this housing will be located (see Deed and Legal Description
Tab). The temporary employee housing will be located on the Marathon Lay
Down Yard that is the subject of a separate conditional use permit (CUP)
application to Garfield County.
Berry Petroleum Co and Marathon Oil Co. -Temporary Employee Housing
BOCC - 9-7-2008
Page 3
1.2 Purpose and Need
Due to the relatively remote location of Marathon's operations and the primitive
nature of many of the roads used to access this area, it is very difficult and
hazardous for personnel working in these operations to travel from the area
every day, particularly during bad weather. The temporary housing covered by
this SUP application will be used principally during the winter months to provide
safe housing for construction personnel involved with Marathon's operations.
The presence of these personnel in close proximity to these operations is
essential for road maintenance and plowing. These temporary quarters are
critical to allow Marathon to offer a safe working environment for these and other
workers and will also enhance the driving safety of the general public. In
addition, temporary employee housing is necessary because long-term,
affordable housing is not available in Garfield County (reference the Garfield
County Housing Assessment completed by McCormick and Associates, February
2006).
1.3 Location and Ownership
The proposed temporary employee housing will be located on a parcet of
property where the surface and minerals are both owned by Berry Petroleum
Company. A legal description for this parcel and deeds demonstrating
ownership are contained in the Legal Description and Deed Tab. Marathon and
Berry have entered into a lease for the property where this housing will be
located. A letter from Berry specifically authorizing Marathon to obtain this SUP
is provided in the Agent Designation Tab.
This location will be accessed via Garfield County Road 215 north of Parachute
for approximately 7.2 miles to the existing private Garden Gulch Road. Access
The site is relatively close to the Town of Parachute. The proposed housing facility will not be
contained on an approved COGCC well pad. This facility will be considered a "Centralized
Temporary Employee Housing Facility". Marathon Oil Co. anticipates the proposed location will be
utilized for approximately four (4) to eight (8) years. The maximum allowable time length for a
Temporary Employee Housing Special Use Permit is one (1) year. At the Boards discretion, the
Special Use Permit may be renewed annually during a public meeting with notice by agenda only.
The maximum number of people to be housed at the facility will be seventy-two (72). This
application was reviewed by Staff in accordance with Sections 5.03 and 5.02.21 of the Zoning
Resolution of 1978, as amended.
Berry Petroleum Co and Marathon Oil Co. -Temporary Employee Housing
BOCC — 4-7-2008
Page 4
Housing Structures
All of the installed facilities are required to meet all applicable building and fire code requirements.
The occupancy of each housing unit shall not exceed four (4) people. The Applicant's request will
allow for up to eighteen (18) housing units. The facility will have a minimum of a 24,000 gallon
potable water storage tank which is to be refilled a minimum of every two (2) days. The proposed
potable water system will provide water to twenty-five (25) people or more. However, it represented
in the application that the facility meets all of the conditions identified in §1.2 of 5 CCR 1003-1 for
exemption from regulation under the Colorado Primary Drinking Water Regulations.
1.2 Applicability
The Colorado Primary Drinking Water Regulations shall apply to each public water system, unless the
public water system meets all of the following conditions:
(a) Consists only of distribution and storage facilities (and does not have any collection and treatment
facilities)
(b) Obtains all of its water from, but is not owned or operated by, a public water system to which such
regulations apply
(c) Does not sell water to any person, and
(d) Is not a carrier which conveys passengers in interstate commerce.
(5 CCR 1003-1)
The application proposes that sewage and wastewater are to be initially handled by a vault -and -haul
system. Staff received comments from Colorado Department of Public Health and Environment —
Water Quality Control Division stating that the proposal would exceed 2,000 gallons/day and
requires a state site application. CDPHE-WQCD does not allow vault and haul. The Applicants will
utilize Policy 6, which will allow multiple ISDS on a single lot or complete the state site application
process. Staff has included a condition of approval requiring that the Applicant obtain ISDS
approval prior to occupation of the proposed facility.
Water: The Applicant is proposing to haul potable water to the facility using water hauling
contractors. The Applicant is required to use CDPHE-certified potable water haulers who are
obtaining the water from an approved source. All water must be treated prior to delivery to the
facility. The Applicant has provided the following information regarding potable water:
Berry Petroleum Co and Marathon Oil Co. -Temporary Employee Housing
BOCC — 4-7-2008
Page 5
2.2 Potable Water System
Potable water will be provided at each temporary housing facility and includes
bottled water and potable water stored in potable water tanks. Potable water
tanks will be skid mounted, connected with a manifold and have a pump to
supply water to each of the trailers listed in Section 2.0. The water lank and
piping will be insulated and heat traced to prevent freezing. Water will be trucked
from a source that meets the State of Colorado standards for drinking water.
Details of the potable water system at each location are provided below, and
documentation of the arrangements made for potable water delivery is provided
in the Hauler Affidavits Tab.
• Expected usage:
o 75 gallons/day/person
o 3,000 — 5,400 gallons/day total
• Storage: minimum 24,000 gailons
o Approximately 7 days capacity
• Frequency of delivery:
o 160 — 200 barrels (6720— 8400 gallons) every 1-2 days.
o During winter operations, water tanks will be kept as full as possible
in case winter storms prevent regular delivery
• Water system equipment provider:
o Thirsty Corporation: Lyle Samuelson (970-945-8729)
• Water hauler :
o Thirsty Corporation
o Contact: Lyle Samuelson (970-945-8729)
o Registration number: PWSID# 223741
As the facility will have a minimum of one 24,000 gallon potable water storage tank which is to be
refilled a minimum of every two (2) days and provide for the facility which is anticipated to consume
75 gallons of potable water per person per day, the proposed scenario will provide a 4.44 day supply
of potable water. Staff recommends that the water systems be designed to accommodate the
maximum occupancy for the facility. As the tanks are to be refilled every two (2) days, Staff finds
that adequate water storage is available for the facility.
Sewage: Sewage and Wastewater are required to be handled by ISDS since the proposed facility will
exceed 2,000 gallons/day. Based on the State ISDS regulation requirements, the Applicant is
required to obtain a state site application or utilize Policy 6. Staff finds that the proposed parcel has
adequate size to accommodate Policy 6 and has included a condition of approval requiring the
approval and construction of ISDS prior to occupation of the proposed facility.
Berry Petroleum Co and Marathon Oil Co. -Temporary Employee Housing
BOCC — 4-7-2008
Page 6
Refuse: The facility is to be served by at least one thirty -gallon, bear -proof refuse receptacle for each
unit and be emptied by a refuse hauler at least once per week. Refuse is proposed to be disposed of at
the Garfield County landfill. The Applicant has provided the following information regarding refuse:
2.5 Refuse
Each temporary housing unit will have a minimum of the equivalent of one thirty -
gallon, bear -proof refuse receptacle. Marathon will use a refuse hauling service
to empty the refuse receptacles. Receptacles will be emptied as needed, with a
minimum removal of once per week. Refuse will be disposed of at the West
Garfield County Landfill or other permitted facility. Marathon will maintain all
records including, but not limited to, trip logs/reports and landfill receipts, and alt
records will be available to the County upon request.
Details of Marathon's plan for collection and hauling of refuse at each location
are provided below, and documentation of the arrangements made for the
hauling of refuse is provided in the Hauler Affidavits Tab.
• Description: Refuse trailers will be placed near housing units and will be
fully enclosed and have bear -proof doors.
• Refuse trailers
o 8' x 8' x 6' (384 cubic feet)
o 1 or 2 trailers depending upon the number of housing units
• Frequency of pickup:
o As needed, minimum of once/week
• Refuse trailer equipment provider:
o Down Valley Septic & Drain
o Contact: Scott Moyer (970-904-0473)
• Refuse Hauler
o Down Valley Septic & Drain
o Contact: Scott Moyer (970-904-0473)
o Disposal Site: West Garfield County Landfill
The Applicant is proposing to use a 384 cubic feet container s for the facility, which is to be emptied
at least once per week. It is Staff's opinion that two containers will provide approximately 102
gallons of waste disposal storage and meets the requirements of Section 5.02.21(B). To this end, it is
Staff's opinion that this requirement is met.
Density: The proposed facility is not to be located within a COGCC approved well pad, the density
requirement limiting spacing to at least one (1) mile between temporary employee housing does
apply to this application. Staff finds that nearest centralized facility is located approximately seven
Berry Petroleum Co and Marathon Oil Co. -Temporary Employee Housing
BOCC — 4-7-2008
Page 7
(7) miles from the Applicant's requested location. The proposed housing facility complies with the
identified density requirement.
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Renewal: The Applicant is proposing to renew the application on an annual basis.
Reclamation and Revegetation: All housing structures and associated equipment will be located
entirely within a disturbed area previously approved by the Board of County Commissioners and a
Berry Petroleum Co and Marathon Oil Co. -Temporary Employee Housing
BOCC — 4-7-2008
Page 8
revegetation security in the amount of $48,000 has been required for the proposed site. Staff finds
that the Board has obtained reclamation security for the area to be disturbed by the proposed housing
facility.
REVIEW CRITERIA FOR SPECIAL USE PERMITS (SECTION 5:03)
Pursuant to Section 5.03, as listed under the Zone District Regulations, special uses shall conform to
all requirements listed there under and elsewhere in the Zoning Resolution, as well as the following
standards:
1. Utilities adequate to provide water and sanitation service based on accepted engineering
standards and approved by the Board of County Commissioners shall either be in place or shall be
constructed in conjunction with the proposed use.
Response
Staff feels that provisions made for water hauling and sewage disposal as described above and in
combination with the staff recommended conditions, this standard is satisfied.
2. Street improvements adequate to accommodate traffic volume generated by the proposed
use and to provide safe, convenient access to the use shall either be in place or shall be
constructed in conjunction with the proposed use.
Response
Overall, the approval of this Special Use Permit for Temporary Employee Housing will reduce traffic
on the access roads to the site. For this reason, staff feels that additional road improvements are not
necessary. Staff referred the application to Garfield County Road and Bridge (Road and Bridge).
The comments provided by Road and Bridge cited no objections to the proposed housing facility.
3. Design of the proposed use is organized to minimize impact on and from adjacent uses of
land through installation of screen fences or landscape materials on the periphery of the lot and
by location of intensively utilized areas, access points, lighting and signs in such a manner as to
protect established neighborhood character.
Response
As this property is already characterized by intense industrial gas development and will ultimately
reduce the amount of traffic to and from the site, it is Staffs opinion that the Temporary Employee
Housing facility will not adversely affect any nearby neighbors as proposed. The Applicant has stated
that there are no other residences within one mile of either of the proposed Temporary Employee
Housing facility. To this end, Staff does not anticipate that the proposed facility will adversely
impact any full-time residents of Garfield County.
Berry Petroleum Co and Marathon Oil Co. -Temporary Employee Housing
BOCC — 4-7-2008
Page 9
II BACKGROUND
The application submittal cites Berry Petroleum as the owner of the subject property. Following the
submittal of the application, Marathon Oil Company and Berry Petroleum Company entered into
joint ownership of the subject property.
III SITE DESCRIPTION
The subject property owned by Berry Petroleum Co. and Marathon Oil Co. is a total of
approximately 880 acres and is located approximately 18.7 miles north of the Town of Parachute.
Generally, the subject property is described as currently being used for intense industrial gas
development. Topography on the properties can be severe and ranges from valley floor to plateau.
IV ZONING & ADJACENT USES
The subject property is zoned Resource Lands (RL). The type of use requested falls under the
definition of "Temporary Employee Housing" which is contemplated as a Special Use in the RL
zone district. Adjacent uses are grazing and gas development.
V AUTHORITY & APPLICABILITY
Pursuant to Section 9.03.04 of the Zoning Resolution, an application for a Special Use Permit shall
be approved or denied by the Board of County Commissioners after holding a public hearing thereon
in conformance with all provisions of the Zoning Resolution.
VI REVIEW AGENCY AND OTHER COMMENTS
Comments have been received from the following agencies / community groups and are integrated
throughout this memorandum as applicable.
1. Grand Valley Fire Protection District: Exhibit I
2. Garfield County Oil and Gas Auditor: No Comments Received.
3. Garfield County Sheriff Department: No Comments Received.
4. Garfield County Road and Bridge Department: Exhibit H
5. Mountain Cross Engineering: Exhibit G
6. Colorado Division of Wildlife: Exhibit F
Berry Petroleum Co and Marathon Oil Co. -Temporary Employee Housing
BOCC — 4-7-2008
Page 10
Section 9.03.05 ]Periodic Review of SUP]
Pursuant to section 9.03.05 of the Zoning Resolution:
Any Special Use Permits may be made subject to a periodic review not less than every six (6)
months if required by the County Commissioners. The purpose of such review shall be to
determine compliance or noncompliance with any performance requirements associated with the
granting of the Special Use Permit. The County Commissioners shall indicate that such a review
is required and shall establish the time periods at the time of issuance of a Special Use Permit.
Such review shall be conducted in such manner and by such persons as the County
Commissioners deem appropriate to make the review effective and meaningful Upon the
completion of each review, the Commissioners may determine that the permit operations are in
compliance and continue the permit, or determine the operations are not in compliance and either
suspend the permit or require the permittee to bring the operation into compliance by a certain
specified date. Such periodic review shall be limited to those performance requirements and
conditions imposed at the time of the original issuance of the Special Use Permit.
VII RECOMMENDED FINDINGS
1. Proper posting and public notice was provided as required for the meeting before the Board of
County Commissioners.
2. The meeting 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. For the above stated and other reasons, the proposed special use permit has been determined to
be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of
the citizens of Garfield County.
4. The application has met the requirements of Special Use (Sections 5.03 and 5.02.21) the Garfield
County Zoning Resolution of 1978, as amended.
VIII STAFF RECOMMENDATION
Due to 1) the limited nature of potential impacts to surrounding properties, 2) by proceeding with
this proposal there will be an overall decrease in traffic on unimproved roadways and county roads
which will promote safety and wellbeing, 3) that the Temporary Employee Housing facility meets
the requirements set forth in Section 5.02.21, Staff recommends the Board approve the request for a
Berry Petroleum Co and Marathon Oil Co. -Temporary Employee Housing
BOCC — 4-7-2008
Page 11
Special Use Permit for Temporary Employee Housing in the Resource Lands (RL) zone district with
the following conditions:
1. That all representations of the Applicant, either within the application or stated at the
hearing before the Board of County Commissioners, shall be considered conditions of
approval unless explicitly altered by the Board.
2. That the operation of the facility be done in accordance with all applicable federal, state, and
local regulations governing the operation of this type of facility.
3. Emissions of smoke and particulate matter: every use shall be operated so as to comply
with all Federal, State and County air quality laws, regulations and standards.
4. Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not
emit heat, glare, radiation or fumes which substantially interfere with the existing use of
adjoining property or which constitutes a public nuisance or hazard. Flaring of gases,
aircraft warning signals, reflective painting of storage tanks, or other such operations
which may be required by law as safety or air pollution control measures shall be exempted
from this provision.
5. Water pollution: in a case in which potential hazards exist, it shall be necessary to install
safeguards designed to comply with the Regulations of the Environmental Protection
Agency before operation of the facility may begin. All percolation tests or ground water
resource tests as may be required by local or State Health Officers must be met before
operation of the facility may begin.
6. All Special Use Permits for Temporary Employee Housing are subject to all applicable
building code, state and federal permit requirements, fire protection district requirements
and fire code requirements.
7. Water and wastewater systems proposed to service Temporary Employee Housing must
comply with all applicable state and local laws and regulations.
8. Applicants must keep appropriate records, to be provided to the County upon request to
demonstrate that water supplied to a site is from an approved source and that wastewater
is disposed at an approved facility. For facilities serving twenty-four (24) people or Less,
the operator must conduct monthly tests (or quarterly if an on-site disinfection system is
installed) and maintain records of stored potable water samples specific for coli form.
Any tests indicating coli form contamination must be disclosed to the Garfield County
Board of Health or designee.
Berry Petroleum Co and Marathon Oil Co. -Temporary Employee Housing
BOCC — 4-7-2008
Page 12
9. In no case shall unsafe water be used for drinking nor shall raw sewage or contaminated
water be discharged on the ground surface.
10. The maximum allowable time length of the Special Use Permit for Temporary Employee
Housing is one (1) year; however, no single Temporary Employee Housing facility
allowed under this Special Use Permit shall be onsite for more than a cumulative of one
year. For good cause shown, the permit may be renewed annually in a public meeting
with notice by agenda only. Annual renewal review of the Special Use Permit shall be
based on the standards herein as well as all conditions of the permit. A permit may be
revoked anytime through a public hearing called up by staff or the Board of County
Commissioners.
11. Inhabitants of the temporary housing shall be applicant's employees and/or
subcontractors, working on the related construction or mineral extraction operation, and
not dependents of employees, guests or other family members.
12. Temporary employee housing sites shall be maintained in a clean, safe and sanitary
condition, free of weeds and refuse. Any hazardous or noxious materials that must be
stored on site for operational or security reasons must be managed in accordance with all
applicable federal, state and local laws and regulations.
13. Fire Protection General Requirements: Provisions shall be made for giving alarm in case
of fire. It shall be the responsibility of the duly authorized attendant or caretaker to
inform all employees about means for summoning fire apparatus, sheriff's office and
resident employees. All fires are subject to §307 of the 2003 International Fire Code
(IFC) including but not limited to permits, attendance, open fires, coal grills, fire bans and
bon fires. One (1) or more extinguishers of type 2A-10BC shall be located in an open
station so that it will not be necessary to travel more than seventy-five (75) feet to reach
the nearest extinguisher.
14. Outdoor food storage is prohibited unless facilities that prevent the attraction of animals
to the temporary employee housing site are provided.
15. The applicant shall provide a detailed map and GPS coordinates to the Garfield County
Sheriff's Office and the relevant Fire Protection District which is sufficient for emergency
response purposes, including location of the temporary employee housing site; private
and public roadways accessing the site, marked as open, gated and/or locked; and detailed
directions to the site from a major public right-of-way. The map is subject to approval by
the Garfield County Sheriff's Office and relevant Fire Protection District.
Berry Petroleum Co and Marathon Oil Co. -Temporary Employee Housing
BOCC — 4-7-2008
Page 13
16. The applicant shall notify the County when site development begins for the facility. The
applicant shall verify in writing, by site plan and through photo documentation that the
site, water system, and sewage disposal system were designed, installed and inspected in
accordance with the said special use permit and comply with all applicable regulations,
permits, and conditions. All written documentation and site plans verifying compliance
must be stamped by a certified Colorado Engineer. The County also reserves the right to
inspect a site, without notice, to assess compliance with the Special Use Permit for
Temporary Employee Housing. A determination of noncompliance with any Special Use
Permit for Temporary Employee Housing, or condition approval thereof, is grounds for
revocation or suspension of said permit, in accordance with Section §9.01.06.
17. No animals shall be allowed at temporary employee housing sites.
18. The maximum number of occupants permitted under this Special Use Permit for
Temporary Employee Housing is four (4) per housing unit.
19. The maximum number of Temporary Employee Housing units permitted under this
Special Use Permit is not to exceed eighteen (18).
20. Sewage systems shall to be installed and maintained in accordance with the Garfield
County and the State of Colorado ISDS regulations and shall be installed prior to the
issuance of the Certificate of Occupancy.
21. The facility shall have a minimum total capacity of 24,000 gallons of potable water
storage which shall be refilled a minimum of every two (2) days.
22. Wildlife -proof refuse containers shall be provided for trash. At least one thirty (30) gallon
(4 cubic yard) container shall be provided for each unit or the equivalent in a central trash
collection facility. Said container(s) must be durable, washable, non-absorbent metal or
plastic with tight -fitting lids. Refuse shall be disposed of not less than once weekly.
STATE OF COLORADO
Bill Ritter, Jr., Governor
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE
AN EQUAL OPPORTUNITY EMPLOYER
Thomas E. Remington, Director
6060 Broadway
Denver, Colorado 80216
Telephone: (303) 297-1192
wildlife.state.co.us
March 1, 2008
Garfield County Building and Planning Department
Attn: Craig Richardson, Staff Planner
108 8`h Street, Suite 401
Glenwood Springs, CO 81601
RE: Berry Petroleum Oil and Gas Temporary Housing — Special Use Permit
Dear Mr. Richardson:
The Division of Wildlife (DOW) thanks you for the opportunity to address wildlife impacts for the
aforementioned special use permit.
I
OF` v
For Wildlife -
For People
The parcel lies within historical range of bears and an area which has had several human/bear conflicts.
Therefore, bears should be considered in developmental design and construction of the area. Bear conflicts can be
avoided if food items are not available for the animal. Bears are omnivorous, and while normally eat vegetation,
they will eat most anything available. Items such as human garbage, hummingbird feeders, bird seed, grease from
barbeque grills and pet food offer an easily obtainable food source for these animals. The DOW thanks Garfield
County and the companies for addressing this issue early and acquiring bear proof trash containers.
Historically, mountain lions were a common occurrence in the area. This remains true today. Lions continue to
move through this area hunting for food. Lion and human conflicts are rare, but have happened within a mile
from the proposed development site. It is difficult to prevent lion conflicts, but aiding to educate individuals who
live in the area about living with mountain lions is of utmost importance to the Division of Wildlife.
Further information on bears and other wildlife is available from the Division of Wildlife. This information is
also available on our interne site, www.wildlife.state.co.us. Thank you for the opportunity to provide these
comments.
The location of the project lies directly in relation to House Log Gulch, which is a tributary of Parachute Creek as
well as the Colorado River. Utmost care needs to be taken to prevent any spills, run-off or contamination into this
state water source. Specific plans to prevent these types of impacts, along with emergency plans for remediation
of impacts should be developed within the plans for development of the project.
To lessen this impact, we would suggest the immediate termination of any employee who leaves the premises of
the pad without the knowledge of his/her supervisor. Gates should be locked or erected to lessen the chance of
random driving / exploring by employees. The DOW does acknowledge the security work of these companies
and their commitment to work closely with local law enforcement, and it is appreciated. We also acknowledge
the commitments of Berry Petroleum to ensure a safe, drug and firearm free work environment.
MAR 1 1 2008
DEPARTMENT OF NATURAL RESOURCES, Hams D. Sherman, Executive Director
WILDLIFE COMMISSION, Tom Burke, Chair • Claire O'Neal, Vice Chair • Robert Bray, Secretary
Members, Dennis Buechler • Brad Coors • Jeffrey Crawford • Tim Glenn • Roy McAnally • Richard Ray
Ex Officio Members, Hams Sherman and John Stulp
Berry Petroleum Oil and Gas Temporary Housing — Special Use Permit Page 2
We would ask that, at the onset of any conflict with wildlife associated with these housing facilities, Berry
Petroleum or their contractor make the DOW aware of the conflict so it can be alleviated promptly.
Again, we appreciate the opportunity to address these possible impacts. If there are questions regarding these
recommendations please feel free to contact J.T. Romatzke, Parachute District Wildlife Manager, at (970) 255-
6124.
Si
w,_
Dean Riggs
Area Wildlife Manager — Area 7
cc: RonVelarde, Brad Petch, J.T. Romatzke
March 10, 2008
Mr. Craig Richardson
Garfield County Planning
108 8th Street, Suite 401
Glenwood Springs, CO 81601
MOUNTAIN CROSS
ENGINEERING, INC.
/ CIVIL AND ENVIRONMENTAL CONSULTING AND DESIGN
EXHIBIT
RE: Review of Temporary Employee Housing, GM Stewart Mancamp - SUP for Berry
Petroleum Company
Dear Craig:
This office has performed a review of the documents provided for the Special Use Permit
Application for Temporary Employee Housing, GM Stewart Mancamp of the Berry Petroleum
Company. The submittal was found to be thorough and well organized. The following comments,
questions, or concerns were generated:
1. The proposed duration of the mancamp location is four to eight years. This duration is more
suited for a permanent installation instead of the temporary SUP proposed.
2. The applicant proposes to install the mancamp with temporary solutions to water and sewage as
they work toward more permanent solutions such as ISDS or waste water treatment. Either of
these two will likely require permitting from the State of Colorado CDPHE. There will also be
setbacks, restricted uses, and other design considerations that are associated with these
installations. At a minimum, these should be considered at this time so that the proposed
buildings and appurtenances do not conflict and preclude these for the future.
3. The water supply contracted by Thirsty Trucking does not include information concerning their
source or their water rights. An adequate and legal supply of water should be verified by the
applicant.
4. The structure plans call for fire sprinkling that will require reserved water storage. The
applicant should address the quantity and method of reserving water for fire sprinkler storage.
5. The grading plan shows a project site that does not have adequate considerations for stormwater
protection, most particularly for the eastern portion of the site plan. An existing permit for
stormwater discharges was included. The Applicant should verify that the erosion control
measures and grading proposed conform to the requirements of the State permit.
Feel free to call if any of the above needs clarification or if you have any questions or comments.
Sincerely,
Mountain Cross E gin, ering, Inc.
/
C is Hale, PE
,Iwo Al=
826 1/2 Grand Avenue • Glenwood Springs, CO 81601
PH: 970.945.5544 • FAX: 970.945.5558 • www.mountaincross-eng.com
GARFIELD COUNTY
Building & Planning Department
Review Agency Form
Date Sent: February 8, 2008
Comments Due: March 10, 2008
EXHIBIT
Name of application: Berry Petroleum Company
Sent to:
Garfield County requests your comment in review of this project. Please notify the
Planning Department in the event you are unable to respond by the deadline. This form
may be used for your response, or you may attach your own additional sheets as
necessary. Written comments may be mailed, e-mailed, or faxed to:
Garfield County Building & Planning
Staffs contact: Craig Richardson
109 8th Street, Suite 301
Glenwood Springs, CO 81601
Fax: 970-384-3470
Phone: 970-945-8212
General Comments: Garfield County Road & Bridge Department has no objection to this
application with the following comments.
This application will help reduce the daily traffic volume on Cr. 215 and allow the
workers to live onsite and not be traveling on the roads on a daily basis making the roads
safer for all users of Cr. 215.
For the safety reasons ,reduced traffic volume and lack of housing Garfield County Road
& Bridge Department is supportive of Temporary Employee housing.
The access to the location us an existing access that meets the requirements of our
department.
Name of review agency: Garfield County Road and Bridge Dept
By: Jake B. Mall Date February 26, 2008
Revised 3/30/00
February 27, 2008
GRAND VALLEY FIRE PROTECTION DISTRICT
1777 S. BATTLEMENT PARKWAY, PO BOX 295
PARACHUTE, CO 81635 PHONE: 285-9119 FAX (970) 285-9748
Craig Richardson
Garfield County Planning and Building Department
108 8`h Street, Suite 401
Glenwood Springs, CO 81601
Subject: Berry Petroleum Company
Mr. Richardson,
After Reviewing the Special Use Permit Application for the Temporary Employee
Housing GM Stewart Man Camp for Berry Petroleum Co I did notice a couple of issues. First the
travel distance to an extinguisher as stated in Application Requirements Section 9 Paragraph 5A.
The 100 feet travel distance beyond the maximum distance allowed by IFC and NFPA 10. Per
IFC and NFPA the maximum travel distance for this type of location is limited to a maximum of
75 feet. Also the location will be required to have 2A-10BC extinguishers at minimum. The
location I noticed will have minimum water storage of 2500 gallons of water at the location for
initial Structure and Wildland Fire attack. The last thing I noticed that the applicant might change
is in the Emergency Response Tab page 24 Is shows Grand Valley Fire Protection District being
in Rifle, this should show the Fire District is in Parachute. The site is accessible for fire
apparatus, therefore the District will not need any extra accommodations made during the
duration of this project.
If you have any questions regarding this review, I can be reached at the above listed phone
number.
Rob Ferguson
Deputy Fire Chief - Operations, GVFPD
Cc: file
When recorded return to:
Peggy Gilbert
Marathon Oil Company
5555 San Felipe
Room 1453
Houston, TX 77056
SPECIAL WARRANTY DEED
THIS DEED, made this I7'" day of December, 2007, between BERRY PETROLEUM
COMPANY, a Delaware corporation, ("Grantor") whose legal address is 950 17" Street, Suite
2400, Denver, Colorado 80202 and MARATHON OIL COMPANY, an Ohio corporation,
("Grantee") whose legal address is 5555 San Felipe, Houston, Texas 77056:
WITNESSETH, That the Grantor, for and in consideration of the sum of One Million,
Two Hundred Fifteen Thousand, Ten and 48/100 Dollars ($1,215,010.48), the receipt and
sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by
these presents does grant, bargain, sell, convey and confirm unto the Grantee, its successors and
assigns forever, as a tenant in common, an undivided one-half of 10096 (being an undivided 5096)
interest in and to all of the real property, together with improvements, all rights associated
therewith, and any after acquired interest (collectively "Property"), if any, situate, lying and being
in the County of Garfield, State of Colorado, described on EXHIBIT "A" attached hereto and by
this reference made a part hereof.
Also known by street and number as: vacant land.
TOGETHER with all and singular the hereditaments and appurtenances thereto
belonging, or in anywise appertaining, and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof; and subrogation of Grantee to the rights of Grantor
under all the covenants and warranties of title with respect to the Property previously made by
others in the chain of title; and all the estate, right, title, interest, claim and demand whatsoever of
the Grantor, either in law or equity, of, in and to the Property, SUBJECT TO the Permitted
Exceptions set forth on EXHIBIT "B", attached hereto and by this reference made a part hereof;
TO HAVE AND TO HOLD the said premises above bargained and described with the
appurtenances, unto the grantee, its successors and assigns, forever, as tenants in common. The
Grantor, for itself and it's successors and assigns, does covenant and agree that it shall and will
WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and
peaceable possession of the Grantee, its successors and assigns, against all and every person or
persons claiming the whole or any part thereof, by, through or under Grantor.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth
above.
STATE OF COLORADO
) ss.
CITY AND COUNTY OF DENVER
BERRY P OLEUM COMPANY,
a Delawa. . 'on
By:
lts: ArMYM91
The foregoing instrument was acknowledged before me on this /S"day of
/ EBRvdf y 2008, by Dan Anderson as Vice President -Production of BERRY
PETROLEUM COMPANY, a Delaware corporation.
WITNESS my hand and official seal.
My commission Expires: 5' B • Ao//
Notary Public
EXHIBIT A
LEGAL DESCRIPTION
Parcel 1
Township 5 South Range 96 West of the 6th P.M.
Section 29: Sin Sin
Section 32: NEv4NEva,NW1i4,N1/2 SWu4,SEji4SWii4,Win NEva,
(part of) Tax Parcel No. 213532100009
Parcel 2
Township 5 South, Range 96 West of the 6`h P.M.
Section 32: SE1i4
Section 33: SWo4
(remaining part of) Tax Parcel No. 213532100009
Parcel 3
Township 6 South Range 97 West of the 6`h P.M.
Section 1: Lots 10, 11, 12, 15, 17, 18, 19, 22, 23 and 24
(part of) Tax Parcel No. 216901100027
The intent of this Deed is to convey an undivided 50% interest in all of the lands and
interests conveyed to Grantor by that certain Special Warranty Deed recorded in the
records of the Garfield County, Colorado, Clerk and Recorder at Reception No. 711206
on November 15, 2006, and that certain Personal Representatives Deed recorded in those
records at Reception No. 711207 on November 15, 2006.
EXHIBIT "Jr
PERMITTED EXCEPTIONS
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area,
encroachments, and any facts, which a correct survey and inspection of the
premises would disclose, and which are not shown by the public records.
4. Taxes and assessments for 2007 and subsequent years, a Gen not yet due
or payable.
5. Any and all water rights, claims, or title to water, whether or not the
matters excepted are shown by the public record.
6. Right of way for ditches or canals constructed by the authority of the
United States, as reserved in United States Patent recorded January 16,
1925 in Book 112 at Page 424 and reservation of all oil and gas, together
with the right to prospect for, mine and remove the same pursuant to the
provisions and limitations of the Act of July 17, 1914 in said Patent, and
any and all interests therein or assignments thereof.
7. Right of way for ditches or canals constructed by the authority of the
United States, as reserved in United States Patent recorded May 14, 1940
in Book 194 at Page 615 and reservation of all coal and other minerals,
together with the right to prospect for, mine and remove the same pursuant
to the provisions and limitations of the Act of December 29, 1916 in said
Patent, and any and all interests therein or assignments thereof.
8. Right of way for ditches or canals constructed by the authority of the
United States, as reserved in United States Patent recorded January 28,
1943 in Book 208 at Page 138 and reservation of all coal and other
minerals, together with the right to prospect for, mine and remove the
same pursuant to the provisions and limitations of the Act of December
29, 1916 in said Patent, and any and all interests therein or assignments
thereof.
9. Reservations, conditions and stipulations contained in the United States
Patent No. 1431391 recorded April 10, 1951 in Book 257 at Page 543
including, but not limited to the following:
That the grant hereby made is restricted in its exterior limits to the
boundaries of the said mining premises, and to any veins or lodes
of quartz or other rock in place bearing gold, silver, cinnabar, lead,
tin, copper and other valuable deposits which may have been
discovered within said limits subsequent to and which were not
known to exist on July 12, 1949.
• That should any vein or lode of quartz or other rock in place
bearing gold, silver, cinnabar, lead, tin, copper or other valuable
deposits, be claimed or known to exist within the above-described
premises at said last-named dated, the same is expressly excepted
and excluded from these presents.
• Right of way for ditches or canals constructed by the authority of
the United States.
10. Reservation of all minerals, together with the right to prospect for, mine
and remove the same as reserved by Redd Ranches in Warranty Deed
recorded December 20, 1963 in Book 355 at Page 5, and any and all
interests therein or assignments thereof.
11. Conveyance to Ruth Latham of an undivided one-half interest in and to all
minerals owned by Latham Ranches in Warranty Deed recorded August
20, 1987 in Book 719 at Page 510, and any and all interests therein or
assignments thereof.
12. Lack of a right of access to and from the subject property.
13. Reservation by Thomas A. Latham, Karen Lee Latham and Ginger
Latham of a nonexclusive easement, as more fully described in Special
Warranty Deed recorded November 15, 2006 in Book 1863 at Page 981,
and Personal Representative Deed recorded November 15, 2006 in Book
1863 at Page 984.
14. Rights of Chevron Shale Oil Company under the Connected Road Right -
of -Way Grant and Easement dated effective November 14, 2006, and
recorded December 6, 2007 at Reception No. 738783, Garfield County,
Colorado.
15. Rights of Williams Production RMT Company under the Connected Road
Right -of -Way Grant and Easement dated effective November 14, 2006,
and recorded December 6, 2007 at Reception No. 738784, Garfield
County, Colorado.
3741163_3.00C
GARFIELD COUNTY
Building & Planning Department
Review Agency Form
Date Sent: February 8, 2008
Comments Due: March 10, 2008
Name of application: Berry Petroleum Company
Sent to:
Garfield County requests your comment in review of this project. Please notify the
Planning Department in the event you are unable to respond by the deadline. This form
may be used for your response, or you may attach your own additional sheets as
necessary. Written comments may be mailed, e-mailed, or faxed to:
Garfield County Building & Planning
Staffs contact: Craig Richardson
109 8th Street, Suite 301
Glenwood Springs, CO 81601
Fax: 970-384-3470
Phone: 970-945-8212
General Comments:
• Garfield County Road & Bridge Department has no objection to this application
with the following comments;
• This application will help reduce the daily traffic volume on Cr. 215 and allow the
workers to live onsite and not be traveling on the roads on a daily basis making
the roads safer for all users of Cr. 215;
• For the safety reasons ,reduced traffic volume and lack of housing Garfield
County Road & Bridge Department is supportive of Temporary Employee
housing;
• The access to the location us an existing access that meets the requirements of our
department;
Name of review agency: Garfield County Road and Bridge Dept
By: Jake B. Mall Date February 26, 2008
Revised 3/30/00
February 27, 2008
GRAND VALLEY FIRE PROTECTION DISTRICT
1777 S. BATTLEMENT PARKWAY, PO BOX 295
PARACHUTE, CO 81635 PHONE: 285-9119 FAX (970) 285-9748
Craig Richardson
Garfield County Planning and Building Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
Subject: Berry Petroleum Company
Mr. Richardson,
After Reviewing the Special Use Permit Application for the Temporary Employee
Housing GM Stewart Man Camp for Berry Petroleum Co I did notice a couple of issues. First the
travel distance to an extinguisher as stated in Application Requirements Section 9 Paragraph 5A.
The 100 feet travel distance beyond the maximum distance allowed by IFC and NFPA 10. Per
IFC and NFPA the maximum travel distance for this type of location is limited to a maximum of
75 feet. Also the location will be required to have 2A-10BC extinguishers at minimum. The
location I noticed will have minimum water storage of 2500 gallons of water at the location for
initial Structure and Wildland Fire attack. The last thing I noticed that the applicant might change
is in the Emergency Response Tab page 24 Is shows Grand Valley Fire Protection District being
in Rifle, this should show the Fire District is in Parachute. The site is accessible for fire
apparatus, therefore the District will not need any extra accommodations made during the
duration of this project.
If you have any questions regarding this review, I can be reached at the above listed phone
number.
Rob Ferguson
Deputy Fire Chief - Operations, GVFPD
Cc: file
Mission Statement
hers of the Grand VailI i e Protection District iedicc[Te our et:_..s:o t; e protection of the lives.
and e Ivhcnmcn. of ,he e:.zcns of and i,,,.:<10 the Grano. „'e' F_re < r Lection District
Page 1 of 1
Craig Richardson
From: Mark Kadnuck [MAKADNUC@cdphe.state.co.us]
Sent: Wednesday, February 27, 2008 5:15 PM
To: Craig Richardson
Subject: Berry Petroleum Company - GM Stewart Mancamp
Craig,
The proposed WW system (>2000 gal/day) must go through the state site application and design approval process or utilize Policy 6, multiple
ISDS on a single property. State does not allow vault and haul as proposed for initial operation. Call with any questions.
Mark A. Kadnuck, P.E.
CDPHE-WQCD
222 S. 6th Street, Rm 232
Grand Junction, CO 81501
ph: 970-248-7144
fax: 970-248-7198
email: mark.kadnuck@state.co.us
2/28/2008