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HomeMy WebLinkAbout2.0 PC Staff Report 06.14.2006il June 14. 2006 - Planning Commission '. Exhibits for Public Hearing?of the SUP - Evaporation Facility Applicant - Hyrup Investments LLLP Staff - Richard Wheeler i A Mail Receiptr; B Proof of Publication C Garfield Courrty Zoning Resolution of 1978, as amended D Staff Report dared 6-14-2006 E Application for the Special Use Permit F StuPa^" ltl hfr.rc nn Rru*Coo".. G fuAvt b ,4ztlqe ?Et,wr rr H /zlJct Ffb^ t a/r r t 9 t zi oF uJ drn-Wut rr^I J K L M N o P Exhibit Letter {A to Z) Exhibit PC 6-14-06 RW PROJECT INFORMATION AND STAFF COMI,IENTS REQUEST: OWNER/APPLIGANT: OPERATOR: REPRESENTATIVE: LOCATION: SITE INFO: ACCESS: TIYATER: SEWER: EXISTING ZONING: Special Use Permit for "Storage, Processing, and Material Handling" for an Evaporation Pond. Hyrup lnvestments LLLP. Noble Energy Wagon Wheel Consulting Approximately eight miles southwest of Parachute, Colorado 480 aeres cR 306 No proposalfor water No sewer service is proposed ARRD (Agricuttural Residential Rural Densig) I. BACKGROUT{D The Building and Planning Department is in receipt of a SpecialUse Permit (SUP) application for "Storage, Processing, and Material Handllng of Natural Resource" for an Eveporetivo Pond that will take place on a 480 acre parcel, leased by Noble Energy. The property is located approximately eight miles southwest of Parachute, Colorado, the south%portion of Section 2, T I South, R 96 West. The proposal is to gather produed urater from Nobel Energy's natural gas well sites and for the evaporation and recycling of produced waters. The applicant has submitted a COGCC permit Application for a Centralized E&P Weste Management Facilfu. Also, a permit application for "Notice of lntent to Construct a Non- JurisdictionalWater lmpoundment' has been submitted. As far County permit applications, a 5r=ding application has been submitted. lt appears the disturbance of land will be great enough to require the applicant submit a Storm Water Management Plan. lf approved-, the applicant shallsubmit all required Federaland State Permits or Plans priorto issuane of ftis Special Use Permit. 2. PROPOSAL Hyrup Energy is proposing a phased Evaporative Pond system on a77 acre project site. The actual amount of disturbed land is approximately 3.3 acres. The ponds will be phased over time; total number of ponds for the project will be four (4). The drilling, completion, and production of natural gas generate brackish water (produced urater). This water will be plaed in ponds to be partially evaporated, stored, and re-used. The applicant etated that by treating and reusing the water this facility will reduce the need for fresh water for naturatgas drillirg operations. Water will either be piped to the site or trucked on-site. Onc,e there, the water will initially be stored in skimming tanks to allow the removal of hydrocarbons. Onoe removed, the hydrocarbons will be stored on site and eventually trucked offthe facility. Afterthe skimming ponds, the water goes to settling ponds, allouring suspended solidE to settle to the bottom oi the pond. After the settling ponds, the water will be routed through pipes that are equipped with sprinklers. The waterwill then be sprinkled unto lined tiered pads. The lined pads wiilbe heated from passive solar energy and allow evaporation of water. After flowing across the pads the treated water will be stored to be used again in drilling operations. Th-e tanks and ponds will be either aerated or treated with bio-sides to reduce the production of bacteria and mitigate odors. 3. GENERAL REQUIREMENTS FOR ALL SPECIAL USE PERilITS S5.03 Conditionel end Speclel Urec (Zoning Rosolution of {978, as amended} 1. Utillti* adequate lo provide water and sanitation seityicc Oasod on acceptd engin*ring shnd*rds aN approved by frto Boerd of County Commissloncrs shatl either be in place or shall be constnreted in conlunction with the praorcrlrrc u$e. St tr Commen6; Once construction is complete, the facility will not reguire water or sewer service. The system willbe monilored on a daily basis by Nobel Energy. ,. Street improuements adegnate !o accommodatc trafflc voluma genorator! hy the prcposed uce and to providr- safa, convcnient access to the use shall either be in place or shall be constructed in conjunction with the proposed use, StetrComrnsnts: Garfield County Road and Bridge Department has not issued a specific access permit for this projec't. During constru6{ion, traffic on CR 306 will increase. After completion of the project, the site will be monitored on a daily basis. The applicant has stated the trafficto and from the site should be minimaland possibly limited to one truck to and from the site daily for routine inspections. 2. Design of {ho ptopossd use is organized to minimize impact on and ftom adiacent uses of land through instaltetion of scrsan fene* or lany'g,cqc 1 materials on the peripheryaf the lotand by location of intensivety utilized aras, access points, lighting and signs in such a manner as fo protect estabtished n ei g h bo rh ood c h a racter, Statr Commenb: The applicant is proposing berming along the evaporative ponds. The sprinkling system is angbd such that water will be sprayed in a more horizontal direction and will be an automated system to shut down in the event of high winds. The wind speed at which the system will shut down is not stated in the application. The site is located in an area of trees that will help mitigate impacts. The applicant has stated that the site will be visible to residents of the Spring Creek and Wallace Creek areas. Berming and naturalvegetation are proposed as mitigation measures to surrounding properties. 55.03.07 lndusHal Operations (1) Th9 applicant for a palrmit far industial operalions shatt preparc and submit to the Planning Director ten $A) copi* of an impet i&rbment on th e p ra p.osed gse des c ri b i ng iE I oc ati o n,scope, desigd a n d c a nstrtc tio n schedule, including an explanation of its operational characteristics. One (1) cgpy of -ff,e _impac! statement shali tu fitd with the County Commisslongrc by lhe Plannlng Director. The impact stalement shail address the follawing: (A) Exlsting lawful use of water thrcugh deptetion or pottution of sufiace run-off, stream flow or grouncl watdr. Sbff Comments:-T-he ponds will be lined. French drains and a monitoring well are proposed should the lining of the ponds leak. lt is unclear if a 45 rnil or 60 mil liner w'lil be used. Statf is recommending.that the strictest of applicatlon be used in the lining of the ponds. The existinge^Pfemelal drainage channel is proposed to be routed aroundthe ev'aporation facilitiesl. Calculations verifying anticipated flows shouH be submitted. lt is anticipdted that the waterthat is initially used for the.drilling operations and eventually treated at ihe facility is of legal acquisition and use. Additionally, staff is requesting that this facility be used only for NoSelproduced water. (Bfimpaefs on adjacent land from the genenlion of vapor, dus4 smoke, noise, glare or vibration, or other emanations, Statr Comnrenb: The applicant is proposing t? use pumps to power the sprinkbr system.Il"* p.!{ryps will be housed and shali mee[ ail sourid ragulatibns as set for by the'State.Glqre will be produced by the ponds; the applicant has-not addressed how this wrtl Uemitigated {C).lmpacta on wildlih and domsctic animals through the creation of hazardoue ewactione, altention of cxia$ng native vegelztion, blockade of migratlon routes, use pafr*ns oioflter disruptions. Staff Gomments: The appli-cant has submitted a wildlife inventory and study of the possible !ryoactg of the evaporative facilrty. The study states: "Construciion and ofierations oi tiHyrup Evaporative Ponds and loss of this sagbbrush meadow will displace birect use of the site by many species. WiHlife identified to use turkey, Brewer's sparrows, and western bluebirds. the site is wintering mule deer, elk, wild Mitigation measures proposed in the study are as follows:a. lmprove the remaining sagebrush Juniper. by mechanical removing of pinion pine or Utah b. Chopping or mowing a portion of the older more senesoent sagebrush to encouragegrowth of new sagebrush. q. Removing all or a portion of domestic livestock grazing.d. Park all construction vehicles on a previously OisturUeO lands during construction tofurther reduce disturbanes.e. Reseed disturbed areas vrrith native grasses and shrubs as well has introduce short lived but highly wiHlifedesirable, non bloating legumes.t. Removal of wildlife unfriendly fencing. These sugge.stions are ratherfar reaching. Staff is recommending the applicant pursue these measures within close proximity of the operation. lt is unclear hofu the Silside dreated waterwill affect water fowl habitat within the area. Staff is requesting the applicant address this issue prior to the item going before the BOCC. The siie will 6e ctrairi-link and barb wirefenced at the top to profect witOtife. (D) Affirmatively slrorr the impacb of /gruck and automobile ffic toand fron such {rsGs and their impacts to areas in the county. Strtr Commenb:. During.the mnstruction phase, vehicles and equipment will be parked onthe facility site and will not be allor,rred to block or hinder normaltriffi?. Once condtruction is compl_ete the applicant has stated that traffic will minimal. The stated traffic to and from tfresite afier constructio.n iq completed will be_one trip to and from the site for normat ficitrtyinspection. The sitg is planned in phases. The timing of the phasing is not addressed in th6application materials. lt is unclear to staff the durati-on of cdnstruciion for each pfraie anOhow long it willtake for complete construcrtion of allfour evaporation ponds. (E) That sufficient drctances shatt separate such use fram abuttingproperty which might ofrrerwise be damaged by aperations of 0iprcposed use(sl. Shtr Gomrnenb: The ap.plicant has stated the site is near a County road and within sightdistance of local residents. Berming and natural vqetatircn are proposed as *itigiiionmeasures. fi . - lfritigation measulos prap.sedfar atl of fitcforegoing impaebidentified and far the sbnclarels i&ntified in s*tionE og]oE 6t o* Resolutian. StatrCommenb: Pbase see previous comments conceming mitigation measures. (4 Penmifs me_y_bc _gnnted for frtose usss with provisions that prcvide adequate mitigation for the bltowing: (A) ! ptay for srte rehabilibtion must be apprcvcd by the countyCommissionerc befora a pwmitforanditiiial orspdial usewil ieissued. Staff Gomments: The applicant is proposing the following rehabilitation measures:1. Removal of all surface equipmenl2. Restoration and re-contouring of grade to approximate original conditions 3. Replacement of stockpiled topsoil4. Re-vegetation of the site5. com.pliance with. all_ prevailing coGCC and Garfierd county conditions governing fi nal reclamation The applicant h_as submitted a weed inventory and mitigation plan. This plan willbe reviewed ly ne.County Vegetation Department priorio this item going before tire Board of County Commissioners. (B)The Cou_nt1r Commissioners may rurquire s*urigr beforc a permit for s_p*ial or conditional use is issaad, if requircd. The ap'pticantshall fumish evidence of a bank commitment of crcdit- band, cefu'fred ch** or other s*urity d*rned acceptabte by the'countycommlselongrs in ilte amiunt catcuratdd by frte counilr Oommissionsrc to aecune frze ex*ution of the siite rchabilibtionplan in wo*manlike manner and in *cordc,ncc with thcsp*ific_ations and constuction schedule esfaorigrrcd or apprcved by the caunty commissionerc" sucfi commitncrb, bandg orchcr;rc shall be payable to and held by the County Commissionorc. Steff Commsnts: The applicant has submitted a "Performan@ Bond" in the amount of $50,000. (C) Impacb set fotth in frre impct sfprtenpnt and compliance with tlpstandards contained ia secoon 5.og.ot of this Resbtufion. (A. g* 061) 55.03.08 lndustrial Performance Standarde lll ildugtrial a.pgntions in the County shalt compty with applicabte County, Sbte, andFdenl rry-ulations rqulating weier, air ani noise fiittution and s'iall not oeconducM in a mannor consfianing a public nuisnce oi hazad. Opentions shail beconducled in such t menner as fo mlnimize hoet, dust, smoke, vibtalion, grai inaodor and all other undes,irabb. environmenbt fu6 tteyod 6e rcundides of fie ProperU in which sgcD uaea are located, in accard wiaa. lhe fofiowingstandarde,- (l) Volune of soutrd gcneratd Ehall compty with the standards setforth in the Colon@- Rsvised Sfrflr&s tt ths time any nex application is made.(4. e3461) Staff Comments: The.applicant provided information stating the pumps to be used for thesprinkling sy_stem will be housed. This should mitigate s6me'of ne sound proOrrceA Regardless, the applicant shall be aware of all sound iolume standards anc medt all StatCrequirements. (2) Vibration generated: every use shall be so operated that the ground vibration inherenfry and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located;. Statr Comments: The applicant has not submifted any information conc,erning ground vibration. lt appears that once construction is complete vibration should be negligible. (3) Emissions of smoke and particulate matter: every use shall be opented so as to comply with all Federal, Siafe and County air quality laws, regulations and standards. Staff Comments: lf the facili{ creates smoke or particulate matter, the applicant shall be aware of and meet all Federal and State air quality standards. (4) Emission of heal glare, rudiation and fumes: every use shall be so opral&ld that it does not emit hea| glate, ndiation or fumes which substantially inlorrtere with ffie existing use of adjoining prcperty or which consfitutes a public nuisance or hazard. Ftaring of gases, aircraftwarning signals, refl*tive painting of storage bnks, or other such operations which may be reguired by law as safety or air pollution control moasuros shall be exempted frcm this provision. StatrComments: Bio-sides and aeration will be used to reduce the production bacteria and control some of the fumes or odors that will be produced from the treatment of the produced waters. The ponds will create glare, it is not clear horr the glare from the fucility will be mitigated. (5) Storage aroa, salvage yatd, sanibry landfill and mineral waste disposal areaa: (A97-112). (A) Storage of flammable ar explosive solids orgases shall be in accordance with accepted sbndards and laws and shall comply with the national, stafe and local frre codes and written roco m m en dati o ndco m m ents- frc m th e a p p rc p ri ate I o c a I prctection distict regading compliance wiilr the appropriate codes; (497-112) Staff Comments: Hydrocarbons will be removed from the produced waters. The hydrocarbons will be stored on site and then eventfully removed. (B) At the discrction of the County Commrbs ionerc, all outdoor sfu,nge facilities may be rcquircd to be enclosed by fence, landecaping orwall a&quate to conceal such facilities from adjacent praperty ; {Ag7-1 I 2) 6 subdivision- from any prcperty Staff Gomments: A chain-link fence with barb wire at the top is being proposed for the site to mitigate wildlife safety issues and prevent trespass. (C) No mahrtab or wasfes shall be deposited upon a propefi in such form or manner that they may be transfened off the property by any reasonably forcs*able natural ca.rses or forces; (A97- 112) Staff Comments: The applicant shall be aware of this standard a clearly address how allof the material and wastes fuill be stored and transferred off the property. - (D) Storage of Heavy Equipmentwill only be allowed subj*tto (A) and (C) above and the following standards: (497-112) 1. The minimum lot sEe lb five (5) acre:s and is not a platted 2. The equipment storage arca is not placed any closer han 3d) flexiitiio residentiil dwettino. 3. Atl equipfrentstorage witl be dnctosed in an area with scrccning at least eight (8) feet in height and obscurcd frcm view at the same elevation or lower. Screening may include berming, landscaping, sight obscuring fencing or a combinafron of any of these methods. 1. Anv reoair and maintenance activitv wsuirinq the use ofquiimeitt that will gwterzlb noise 6dorsorgtirc bepndthe piotteltty boundaries will & conducted within a building or outdoors during the hours af 8 a.m. to 6 p.m-, Hon.-Fri- 5. Loading and unloading of vehicles shall be conducted on privab and may not be conducted on any public right-of-way. Staff Comments: Once construction is completed it appears that no heavy equipmentwill be stored on site. (E) Any storage area for uses not associated with nafitrul resourcest shall not exced ten (1O) acnes in size. (497-112) Staff Comments: No additional storage is proposed. trtff fi [0no"i,3'oz$r:,?[n;2"!f:d#'i:f,,!i:iilu,[!"7?!iffi Y, on adjacent properU 697-112). Staff Comments: The aoolicant has not submitted anv liohtinq olans. Should outdoor lighting be used, the appliciant shall ensure that all lightirig iE Aofrnward and inward facing tdwarcls the buililing and no light will trespass on adjdininf property. (6) Water pollution: ia a case in which potential hazards exist, it shall be necleslrary to inshll safeguards designed to comply with ilte Rqulations of the Enyircnnental Prcter.lion Agoncy [rforc opraltion of the facitities may begin, All percolation fests or ground water r*ource fesfs as may be required by local or Stafe Health Officers must be met before operation of the facilities may begin. Statr Comments: Staff is recommending that a ground water test be conducted and those findings be submitted to the County for review prior to issuance of the Special Use Permit and that once the operation begins that the findings of the westerly monitoring well be submit to the county on an annual basis for review. 4, SUGGESTED FINDINGS 1. That the meeting before the Planning Commission was extensive and all pertinent facts, matters and issues v\rere submitted. 2. That for the above stated and other reasons, the proposed Special Use Permit is in the best interest of the health, safety, convenien@, order, prosperity and welfare of the citizens of Garfield County. 3. That the application is in conformance with the Garfield County Zoning Resolution of 1978, as amended. 5. STAFF RECOI,IMENDATION: Staff is recommending Planning Commission reccxnmends approval to the Board of County Commissioners for the Special Use Permit to allow and evaporative pond with the following conditions of approval: l. That all representations of the Applicanl, 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 localregulationsgovemingtheoperationof thistypeof facility. lncluding but not limited to $5.03. 07, 55.03. 08 and S3.02 of the Garfteld County Zoning Resolution of 1978, as amended. 3. That the Applicant shall submit all local, state, and federal permits prior to issuance of the Special Use Permit. 4. That the operation of the facility shall be for the use of produced waters only from the Applicants operations. 5. That the Applicant shall submil calculations veriffing anticipated flonvs of the existing ephemeral drainage channel that will be routed around the evaporation facilities. 7. 8. 9. 10. That the lighting of the facitity shall be inward and downward facing with full cut-off fixtures and that no light shall trespass off the property' That the Appticant clarifies the wind speed at which the sprinkling system will shut down. That all wildlife mitigation measure shall be implemented as suggesting in the wildlife survey and staff comments. That the Applicant shall demonstrate how all glare from the site will not affect adjoining property o\n ners That the Applicant shall show that the bio-side treated will not affect water fowl habitat in an adverse manner. And if there is an adverse effect, the applicant shall proposed mitigation measures prior to the item being heard Before the BOCC- That the Applicant shall conduct a ground water test and those findings shall be submitted to the County for review prior to issuance of the Special Use Permit and that once the operation begins, that the findings of the westerly monitoring well be submitted to the county on an annual basis for review. As per 59.03.05 which allows Periodic Review, the Special Use Permit shall be made suUlect to a review at six (6) months from the date of lssuance of the Special Use Pennit. 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. Such review shall be conducted in such manner and by such persons as the County Commissioners deem appropriate to make the revieur effective and meaningful. Upon the completion of the 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. lf a determination is made that the Permit shall be modified or revoked, a Public Hearing shall be scheduled as perthe County regulations at suctt time to proceed with said action. 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. ll. 12. 9 o MOUNTAIN EROSS ENGINEERING, INE. Ctvrr nNo EruvrnotMrrtnr COr.rsulrtNc lno DrstcN June 01,2006 Mr. Richard Wheeler Garfield County Planning 108 8'n Street, Suite 401 Glenwood Springs, CO 81601 RE: Review of Special Use Permit for Hyrup Dear Richard: Evaporation Facility This office has performed a review of the documents provided for the Special Use Permit (SUP) of the Hyrup Evaporation Facility. The following comments, questions, or concerns were generated: l. In review of the permit application, the Centralized E&P Waste Management Facility Permit, does not appear to have been issued/approved by the State of Colorado Oil and Gas Conservation Commission. The issuance of this permit could be a condition of approval. 2. The liner is referred to as being 45 mil in the "Project Description" but specified as 60 mil in the engineering drawings. This should be clarified. 3. The existing ephemeral drainage channel is proposed to be routed around the evaporation facilities. Calculations verifying size for anticipated flows should be submitted. 4. No information is provided on the ownership of the water to be evaporated and/or if evaporation is a permitted use. 5. Is there concem for ducks, geese, and other water fowl from bio-cide treated water? This is not addressed in the submitted information. Will the facility be manned? If so, potable water and sanitary sewer services will be necessary. The site disturbance proposed is greater than one acre and will require a general permit from the State of Colcrado for Stormrvater Discharges Associated with Construction Activity. 8. The proposed site is greater than l0 acres. Does this site qualify as a storage area? If so, a variance may be required. Feel free to call if any of the above needs clarification or if you have any questions or comments. Inc. 826'l12 Grand Avenue . Glenwood Springs, CO 81601 PH: 97O.945.5544 o FAX: 970.945.5558 . www.mountaincross-eng.com 6. 7. GarJield Coanu BUILDING & PLANNING DEPARTMENT April24,2006 Cody Smith Wagon Wheel Consulting I I 1 East 3'd Street, Suite 213 Rifle, CO 81650 RE: Specinl Use Permit requestfor uProcessing and Muerial Handling of Natural Reso urces' fo r the Hy r up Evap oralive Facility. Dear Cody, Thank you for submitting the additional information tllat staffneeded to review your application The application has been deemed Technically Complete and will start the formal review and public hearing process. As you are aware, the Board of County Commissioners has decided to refer this SUP application to Planning Commission. This application will be reviewed by Staff and a report will be sent to you. The Planning Commissioners will discuss and review the application at a public hearing scheduled on June 14, 2006 at 6:30 PM. The meeting will be held in the Commissioners' Meeting Room in the Garfield County PlazaBuilding, 108 86 St., Glenwood Springs, CO 81601. As a matter of process, the Planning Commissioners shall hold an advertised public hearing on the proposed Special Use Permit at regdarly scheduled meeting- The Applicant shall be solely responsible for the publication, property posting, and mailing of all notices. Applicant shall present proof of publication and mailing at or before the meeting. The item cannot be heard if correct noticing requirements have not been meL Notice for the meeting shall be grven as follows: 1. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed subdivision and nature of the meeting, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date such hearing, and proof of publication shall be presented at hearing by the applicant. 2. Notice by mail, containing information as described under pmagl:aph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two 108 8th Sn"eet, Suite 201, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 28s-7972 Fa:c: (970) i84-3470 hundred feet (200') of the subject lot, all owners of mineral interest in the subject properfy, and all tenants of any structure proposed for conversion to condominiums, at least thfuty (30) but not more than sixtv (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. 3. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Deparhnent. The posting must take place atleast thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. Enclosed is the appropriale notice and "posting sheet "for the Planning Commissioners meeting. Note: Please submit 15 copies of the eompleted application to this office no laterthtnMty 12, 2006. If the copies have not been submitted by this date, your public hearing may be jeopardized. Do not hesitate to contact this office in the event you have any questions. Best regards, _4AzQ, Richard Wheeler Senior Planner NOTIGE TAKE NOTICE rhat ToH * Pnf w5 tt/:evP has applied to the Garfield, County pursuant to to allow: f,* HF EVA ?*nv{ FrlcurT - Fooc &t) POl DtS - S?Fctac- osF on this property. A public //rapnQ on this apptication on will be held in the CeAtttccta*e: ld€srttt6 Glenwood Springs, Colorado (date) at Date Notice Was Posted: By: For additional information, contact the atl7o-q/r.8zt7 or 108 8th st. Suite 4Ot , Glenwood Springs, CO g1601 TO FROM DATE RE MEMORANDUM Board of County Commissioners Building and Planning Department, Richard Wheeler April 17,2005 Referral of a Special Use Permit for "Storage, Processing, and Material Handling ofNatural Resource" for an evaporative pond. 1. BACKGROT]ND The Building and Planning Departrnent is in receipt of a Special Use Permit (SUP) application for "storage, Processing, and Material Handling of Natural Resource" for an Evaporative Pond on a 480 acre property owned by John and Phyllis Hymp, to be operated by Noble Energy. The proposed development will be on approximately 70 acres of the subject property. The site is located approximately eight miles southwest of Parachute. Wagon Wheel Consulting, representing Noble Energy has submitted an impact statement. This impact statement describes the proposed use, general design of the Evaporative Pond, hours of operation" trips generated noise, vibration, odor impacts, wildlife impacts. This impact statement is enclosed with this memo for further review. Installation of the Pond will be used to gather water from Noble Energy's natural gas well sites and for the Evaporation and recycling of produced waters 2. REQUEST Section 9.03.04 of the Z,ornng Resolution of 1978, as amended requires that Special Use Permit applications be initially brought to the Board so that the Board may determine if a recommendation from the Planning Commission is necessary. 3. STAFF RECOMMENDATION The potential impacts of surrounding properties are a concem to staff. Staffhas received several calls from sunounding property owners about the proposed evaporative pond. Although the Board has permitted several evaporative ponds and is aware of the possible issues, staff is recommending the Board refer this matter to the Planning Commission for firrther review to give the surrounding property owners and concerned individuals more input on this project. 6occ'. scpl ro Pc tt Gurfield Coanty BUILDING & PLANNING DEPARTMENT April 13, 2006 Cody Smith Wagon wheel Consulting 1 1 1 East 36 Street, Suite 213 Rifle, CO 81650 RE. Special ltse Permit requestfor "Processing and Haterial Handling of Nafural Resources " for the HyruP Evaporation Pond, owned by John and Phyllis HyruP. Dear Cody, Thank you for submitting additional information conceming the Special Use Pernit request for an -"Evaporative Pohd." This letter is to inform you the application is still deemed technically non-compliant and the Garfietd County Building and Planning Department needs additional information in order to review the Special Use Permit application. Your timeliness in providing this information will expedite our ability to place your application on the public hearing agenda. Please address each of the following items individually: 1. Submit a copy of the appropriate portion of the Garfield CountyAssessors Map; list all public and private land owners within 200 feet of the subject property- The subject property shall be clearly delineated on this map- 2. Submit an "Agreement to Pay Form" signed by the owner. Your office should have extra copies of this form. lf needed, staff can send you more forms. Do not hesitate to contact this office should you have further questions. Best regards, 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 (970) 94s-s212 (970) 28s-7972 Fax: (970) 384-3470 Senior Planner 211?tttoo" tt I t.--.. !.1:::., --l I --!1 1 i:.rj l _,AEU"q {"* Board of County Commissioners Garfield County 108 8th Street, Suite 213 Glenwood Springs, CO 81601 RE: Hyrup Evaporation Pond Special Use permit request Dear Commissioners Houpt, Martin and McCown: As neighbors and landowners ofthe wallace Creek and Spring creek areq we respectfirlly request that you refer the above application to the Planning &'Zoning commission for an outside review by consulting engineers and the co:unty Health Manager as part of the review process. Given the scope and size of this project, we believe it is only fair and prudent that you take into account these findings when making your recornmendation. Thank you for your consideration. Sincerely, Address of signer: ff ,fz 3c.4 Rc/ -"7-->' l , |X,sc /*tt tz- ' (' EtCly ffi,b ,zooa Board of County Commissioners Garfield Countv 108 8ft Street, Suite Zt: Glenwood Springs, CO 81601 RE: Hyrap Evaporotion Pond Speciat Use permit request Dear Commissioners Houpt, Martin and McCown: As neighbors and landowners of the wallace creek and Spring creek area, we respectfrrlly request that you refer the above application to ttre ptanning & Zoning Commission for an outside.review by consulting engineers and the cirnty Health Manager as part ofthe review process. Given the scope and size ofthis project, we believe it is only fair and prudent that you take into account these findings when making your recommendation. Thank you for your consideration. Wwkffiyftw Address of signer: - /' - 7o 6'v s{ Jrafi.ilr,6 fr,D Qtufi- Feb 05 O6 10 19a pl febrarq -Jrruery \, ,2q06 Board of County Commissioners Guficld County l0t t'h Srrcet Suire 213 Glenwood Spriqgs, CO E1601 frE: H>tttp Etlpuuiott fund Sru*al ll* paait rqe*tt Dear CommissionersHoup( Martin and McCown: As neighbors rnd landourms ofrhe walrace crak.nd sFing creck arca! we rcrpcctfully rqucst thu yur rcfcr thc rbovc applicmftra to thc plannhg &'znning cornmission for an outri{c rwicw by consulting enginccrs and thccd,rnty I{ealth lvlanager as pertofthe revicw prroccss. Git'en-the scope and size of this prriec-t, we beticvc it is oaly fair and prudent that you ldtc hto accourtthesc Endings whcn making yor, recotrmrcnduion. Thrnk you for your consideruiorr. Sinccrcly, Ttruru!, kvuntr*tLfe btcrk f n ur, r t Du#o't Sech'o,t t Addrcss of signer: +15o lt, a.soo E , V{.f t^,{t{ , wr {+o1 8 Guffield County BUILDING & PLANI{IIIG DEPARTMENT August 19,2405 Cody Smith Wagon wheel Consulting 111 East 3'd Street, Suite 213 Rifle, CO 81650 RE: Special Use Permil requestfor "Processing and Material Handling of Natural Resources'for the Hyrup Evaporation Pond, owned by John and Phyllis Hyrup. Dear Cody, Thank you for the application you submitted to this office on July 22,2005 for the Special Use Permit request for an "Evaporative Pond." This letter is to inform you the application is deemed technically non-compliant and the Garfield County Building and Planning Departrroent needs additional inforrnation in order to review the Special Use Permit application, Your timeliness in providing this information will expedite our ability to place your application on the public hearing agenda. Please address each of the following items individually: o Resubmit ttre application for this SUP showing the correct Owner-Applicant (John and Phyllis Hyrup). Per 99.03.01of the Garfield ZontngResolution. o The application shall be signed by the Owner-Applicant, even though you have presented Nobel's agreement with the Owners . Submit a letter from the property owner authorizing Nobel Energy Inc and their agents to act on the owners' behalf in acquiring approval for the Special Use Permit for the proposed Evaporative Pond. . Submit a letter authorizing Wagon Wheel Consulting as the Agent forNobel Enerry [nc, and thus also the agent for the owner, in acquisition of approval for the Special Use Permit for the proposed Evaporative Pond. Submit a copy of the deed of the subject property, showing ownership in the Hynrp's. Submit legal documentation showing the property owners are the mineral rights owners. Submit a copy of the appropriate portion of the Garfield County Assessors Map showing mineral rights owners of the subject properly and the public and private land owners within 200 feet. The subject property shall be clearly delineated on this map. Clearly address all of the Garfield County ZnntngRegulations for this Special Use Permit: $5.03, $5.03.07, $5.03.08. The specific sections ofthese zoning regulations are included for your convenience (an electronic copy will also be sent to you via email). Properly identiff the zoning district of the zubject property as ARRD. Submit a noxious weed inventory and mitigation plan for the site. Submit an "Agreement to Pay Forrn" signed by the owner. Your office should have extra copies of this form. If needed, staffcan send you more forrns. 108 Sth Street, Suite 201, Glenwood Springs, Colorado 81601 (970) 94s-8212 (970) 285-7972 Fcuc; (970) 384-3470 o Submit a statement that speciJically responds to each of thefollowing criteria: S 5.0J of the Zoning Regulations: (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 pbce or shall be construcled in conjunctian with the proposed use. (2) Street improvements adequate to occommodate traffrc volume generated by the proposed use and to provide safe, convenient occess to the use shall either be in place or shall be constructed in conjunction with the proposed use; (3) Design of the proposed use is organized to minimize impact on andfrom adjacent uses of land through installation af screenfences or landscape materiak on the periphery of the lot ond by location of intensively utilized areos, access points, lighting and signs in such a monner os to protecl established neighborhood character; Standards in $5.03.07 for Industrial Operations Industrial Operations: Industrial Operalions, including extraction, processing, fabrication, industrial supportfacilities, mineral woste disposal storage, sanitary bndfill, salvage yard, access routes and utility lines, shall be permilted, provided: (l) The applicantfor a permitfor industrial operations shall prepare and submit to the Planning Director ten (10) copies of an impact slatement on the proposed use describing its location, scope, design and construclion schedule, including an explanotion of its operational characteristics. One (1) copy of the impac't statemcnt shaU be fiIed with the County Commbsionen hy the Planning Director. The impacl statement sholl address thefollowing: (A) Existing lawful use of water through deplztian or pollutinn of surface run+ff, sfieamflow or ground watet; (B) ImpaAs on adjacent landfrom the generotion of vapor, dust, smoke, noise, glare or vibration, or other emanations; (C) Impacts on wildlife and domestic animak through the creation of hazardous altractions, alteration of existing nstive vegetation, blockade of migration rotdes, use patterns or other disruptions; (D) Afirmotively show the impa6 of truck and sutomobile trzfftc to ondfmm such uses and theb impacts to areos in the County; (E) That suffrcient distances shall separate such usefrom abufiing properTy which might otherwise be damaged by operations of the proposed use(s); (D MWation mcasures proposedfor all oftheforegoing irrpocts idenlifud andforthe standords idenfifrcd in Section 5.03.08 of this Resolution (2) Permi* ruay be grantedfor those uses with provisions that prwidc adequate mitigotionfor the following: (A) A planlor site rehabilitction must be approved by the Coanty Connissionen before a permit for conditional or special use wiU be issued; @) fhe Couny Commissionen may reqube security before a permitfor special or conditbnal use k issued, if required The applicant shallfurnish evidence of a bank commitmertt of credit, bond, certified chech or other secwi$ deemed accqtoble by the County Commissionen in the amoant calculoted by the Counly Commissionerc to secure the uectdion of the site rehabilitation plan in worhmanlike manner and in accordance with the specifications ond construdion schedule eslabl*hed or approved by the Counry Commissionen Such commitmenfr, bonds or check shall be payable to and held by the Counly Commissionerc; (C) ImpaA set forth in the irlqad ststement and compliance with the stondords contoined h Section 5.03.08 of this Resoluion (A" 93-061) $5. 03. 08 Industrial Pe{ormance Standards Indwtrial Performance Standards: All industrial in the County shall comply with applicable Counfit, State, and Federal regulations regulating water, air and noise pollulion and shall not be conducled in a monner consfituting a public nuisance or haztrd aperoAons shall be conducted in such a monnet rc to minirtzp heat, dnst, stnohe, vibrotion, ghre and odor and all other undesbable environmcntal effec* beyond the boundsries of the property in which sach uses aru located, in accord with thefollowing standards; (1) Volume of sound generated shall comply with the standords setforth in the Colorado Revised Statutes at the time any n€w application is made. (A 93-061) (2) Wbration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instrumenls, at any point of any houndary line of the property on which the use is located; (3) Emissions of smoke and particulote mo,frer: every use shall be operated so as to conryly with all Federol, State and County air qualily laws, reguldions and standards; (4) Emission of heat, glare, radiation andfumcs: every use shall be so operated that it does not emit heag glare, radiation or fumcs which substantially interfere with the uisting use of adjoining pruperty or which const'tlules a public nuisance or hazard F'laring of gases, aircraft warning signals, refiective painfing of storage tanks, or other such operations which may be required by law as sofeg or air pollrdion control mcasura shall he xarytedfrom this prwisian; (5) Storage area, solvage yard, sanitary landJill and mineral waste disposal areas:(A97-112) (A) Storage of fururuble or qlosive solids or gases shaU be in accordance with accqted standards and lnws and shall comply with the natianal, state and localfire codes and written recommcndations/comtnen* from the appropriote local protection distr'rct regarding compliance with the appropriate eodes; (A97-112) (B) At the discretion of the County Commissionen, all orddoor storagefacilities moy be requbed to be enclosed by fence, landscaping or wall adequate to conceal such facilities from adiacent praperty; (A97-I12) (C) No materiak or wastes shall be deposited upon a property in such form or manner that they may be transfened offthe propeq by any reasonablyforeseeable natural causes orforces; (497-1r2) @) Storage of Heauy Equipment wiU only be allowed subjecl to (A) and (C) above and the following standards: (A9 7-1 I 2)L The minimum lot si?E kfwe (5) acres und is not a ploted subdivision. 2. The equipment storage areo is not placed any claser than 300 fi- from any existing residential dwelling. 3. All equipment storage will be enclosed in sn area with screening at kast eight (8) fea in heiglit and obscareii from view at the same elevation or lower. Screening-moy inc-lude berming, landscaping, sight obscuringfencing or a combination of any of these methods 4. Any repair and maintenance_activity requiring tle rc-g-of equipment +g! wtl! g-gy-erate noise, -odon or gltrc beyond the pmpeny-boundaria will be conducted within a building or outdoors dwing the h6urc of E i-ni to-6 p.m-, Mon-FrL 5. Loading and unloading ofvehicles shall be condaaed on privote property ond may not he condacled on any public right+f-wty. (E) Any storuge areafor uses not associated with natural resources shall not exceed ten (10) acres in sizp. (A97-112) (F) Any lighting of storoge cres sholl be pointed downward and inword to the properly center ond shoded to prcvent direct refledion on adjacent pmpe@ @97-112) (6) Water pollution: in a case in which potential hazards exist, it shall be necessary to instuA safeguards designed to comply with the Regulations of the Environmental ProtectionAgency before operation of thefacilities moy begin Do not hesitate to contact this offrce should you have further questions. Best regards, Richard Wheeler Senior Planner 4 Date Application Sent: Mt. Sopris Soil Conservation District Bookcliff Soil Conservation District Town of DeBeque City of tufle Town of Basalt Town of Carbondale City of Glenwood Springs Town of New Castle Town of Silt Town of Parachute Eagle County Planning Department Rio Blanco County Planning Department Pitkin Counry Planning Department Mesa County Piaruring Department Burning Mtn. Fue District Town of Silt Fire Department Rifle Fire Protection District Grand Valley Fire Protection District Carbondale Fire Protection District Glenwood Springs & Rural Fire RE-l School District RE-2 School District School District 16 Carbondale Sanitation District Battleinent Mesa Water & Sanitation Spring Valley Sanitation District West Glenwood Sanitation Disrrict Mid-Valley Metropolitan Sanitation District Roaring Fork Water and Sanitation District Holy Cross Electric (Roaring Fork, S. of Co. River west) Public Service Company (It{ of Co. River west) KN Energy (S. of Co. fuver, Roaring Fork ) Western Slope Gas Company US West Communications (G.S. & C'dale area) US West Communications (I.I.C., Silt, Rifle) US West Communications (fufle, B.M., Parachute) AT&T Cable Service Colorado State Forest Service Colorado Department of Transportation Colorado Division of Wildlife (GWS Office) Colorado Division of Wildlife (GJ office) Colorado Dept. of Public Health & Environment Colorado Division of Water Resources Colcrado Geological Survey Colorado Water Conservancy Board Colorado Mined Land Reclamation Board. Bureau of Land Management Department of Energy - Western Area Power Admin. Bureau of Reclamation- Western Coiorado Area Office' US Corps of Engineers Northwest Options of Long Term Care Roaring Fork Transportation Authority Garfield County Road & Bridge Garfield County Vegetarion (Steve Anthony) Garfield County Housing Authority Garfield County Engineer (Jeff Nelson) Garfield County Oil and Gas Auditor (Doug Demison) Garheld County Sheriff Department O DEPARTMENT OF THE ARMY O. U.S. ARMY ENGINEER DISTBICT, SACRAMENTO CORPS OF ENGINEERS COLORADO/GUNNISON BASIN APR 2 i 2006 REGULAToRY oFFrcE 4OO ROOD AVENUE, ROOM 142 GRAND JUNCTION, COLORADO 81 501 -2563 April a9, 2006 Regulatory Branch (200575154 ) Ms. DeAnne Spect.or Noble Energy, Incorporated 1625 Broadway, Suit.e 2000 Denver, Colorado 80202 Dear Ms. Spector: We are responding to your March 8, 2006, request for a Department of the Army permit for the Federal 32-24C, Noble Energy exploratory well pad, pipeline and road access project at. Pete & BiIl Creek. This project invol-ves activities, includingdischarges of dredged or filI material-, in waters of the UnitedStates to construct a 10r' diamet.er gas flowline, a 4tt water line and a road access with culvert to the wel-l- pad area. Thisproject site is located at an unnamed tributary of Pete & Bill Creek within Section 8, Township 8 Sout.h, Range 95 West, Latitude39" 22t 54.3t1 , Longitude 108' 1r l-9.4tt, Garfield County, Colorado. Based on the information you provided, the proposedactivities are authorized by Nationwide General permit (NWP) numbers 12 and 14. Your work musL comply with the general terms and conditions listed on the enclosed NWP information sheets andthe following special condit.ions: 1. To document pre and post-project consLruct,ion conditionsr 1zoushall submit pre and post-construction photos of the project roadculvert and utility crossing sites within 30 days after project completion. 2. You sha1l design and construct aII crossings of waters of theUnited Stat.es to accommodate alI reasonably foreseeable witdlife passage and expected high flows. 3. You must sign and return the enclosed ComplianceCertification to this office within 30 days after completion ofthe work. This verification is valid until the NWp is modified,reissued, or revoked. A11 of t.he existing NWPs are scheduled t.obe modified, reissued, or revoked prior to March 18, 2007. It isincumbent upon you to remain informed of changes t.o t.he NWPs. Wewill issue a public notice when the NWPs are reissued. Furthermore, if you Commence or are under contract tO commenCe t.his activity before the date that the relevant NWP is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under t.he present terms and conditions of t'his NWP. Please refer to identification number 200675]-54 in correspondence concerning this project. If you have any questions, please contact Mr. Mark GilfiIlan of this office, email- Mark.A.Gilfillan@usace.army.mi1, or t.elephone (970) 243-l-L99, extension l-5. You may also use our websj-te: www. spk. usace. army.miT/ regulatory. html . Sincerely, Ken ,JacobsonChief, Colorado/Gunnison Basin Regulat.ory Office Enclosures Copies furnished without enclosures : /Us. Samantha Clark, Permits West, Incorporated, 37 Verano Loop, I Sant.a Fe, New Mexico 87508vMr. Mark Bean, Garfield County, 1OB 8th Street, Suite 20L, Glenwood Springs, Col-orado 81501- Page I of2 Richard Wheeler From: Jim Rada Sent: Friday, June 23, 2006 9:50 AM To: Richard Wheeler Cc: Mark Bean Subject: Noble Energy/Hyrup Evaporation Pond Aftachments: Jim Rada.vcf Richard, I have a few recommendations for this proposal. I have been in contact with Cindy Allen at the CDPHE Air Pollution Control Division regarding this project. The Air Pollution Control Division is cunently taking issue with a couple of existing evaporation operations in Garfield County that have either had issues with not being permitted properly, odors or unapproved emissions. l. Cindy has indicated that if the VOC emission estimates for this facility exceed 2 Tons per year Noble Energy would be required to submit an APEN and if they exceed 5 Tons per year, they would be required to obtain an emissions permit. Based on her experience, 10,000 bbl/day is double the throughput she has seen permitted at some of the other facilities around the county. 10,000 bbl/day is the figure that is presented for Phase 1 volumes. She has indicated that this type of process and facility would likely need an emissions permit at the throughput levels that are proposed. I recommend that the County require Noble to go through the exercise of obtaining an emissions permit from CDPHE for this facility. lf a permit is ultimately not required, then at least the emissions issue is covered. I think it is important to get that information from the state before a county special use permit is issued. 2. Cindy also states a concern about the limited number of water samples submitted and the fact that one sample had a reported Total Recoverable Petroleum Hydrocarbon (TRPH) level of 500 mg/|. The other ponds in the area use about 100 mg/l for their emission estimates. She has indicated that two samples are not enough to get a clear picture of the emissions and more sampling needs to occur. She also suggests that the samples also be analyzed for BTEX emissions. All of this information would likely be a requirement of a CDPHE emissions permit review. 3. I also recommend that a CDPHE stormwater permit be required before site development begins. Run-on and runoff controls should be in place before development of the process pads and ponds begins. 4. A plan for dust mitigation and fugitive dust control should be required. ln fact, due to the overall size of this facility, a construction air pollution permit from CDPHE is likely to be required. 5. The only spill containment information that I found on the plans was a minor depiction of a "spill containment wall". lf allowable under the development code, I would like to see a detail of the spill containment system in the area of the tank. I would also like to see a spill control and cleanup plan for major and minor on-site spills. At this point, that's all I can think of. Please call me with questions. I also encourage you to speak with Cindy Allen at CDPHE, 303-692-3188. Jim Rada, REHS Environmental Health Manager Garfield County Public Health 195 W 14th Street Rifle, CO 81650 Phone 970-625-5200 x81 1 3 Cell 970-319-1579Fax 970-625-8304 Email jrada@garfield-county. com Web www.garfield-county.com 71612006 Page 1 of 1 Cathi Edinger From: David Pesnichak Sent: Thursday, December 07,2006 4:37 PM To: Fred Jarman; Cathi Edinger; Craig Richardson Subject: FW: Hyrup Evaporation Facility I will go ahead and close out this file. David Pesnichak Senior Planner Garfield County 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Tel: (970) 94s-8212 Fax: (970)384-3470 Email: dpesnichak@ garfield-county.com From: Amanda Jacobs Imailto:ajacobs@cordcomp.com] Sent: Thursday, December 07, 2006 4:26 PM To: David Pesnichak Cc: jbowman@nobleenergyinc.com; Paul H Subject: Hyrup Evaporation Facility Hello Dave, Per your request, I am e-mailing you to lormally request that the Noble SUP Application for the Hyrup Evaporation Facility in Garfield County be withdrawn at this time. Noble is currently pursuing a CUP for the Hyrup Evaporation Facility jn the Little Alkali Flats area of Mesa County, per the request of the adjacent landowners in the Spring CreekMallace Creek area. Please contact me if you have any additional questions or concerns. Thank you, dr"nJ, )u.ob" Sratf Scienrist f o.Jiller.n fo.pli.nces $cruices, Inc az6 zr r/zKo"d firand Junction, CC a t Sol lhone. )/o.26)./ soo f ax, )/o.26)./+56 Mobile,97o.zto.t tz+ t2/8/2006 CORDILLERAN September 11,2006 Mark Bean Garfield County Building & Planning Department 108 8"'Street, Suite 401 Glenwood Springs, CO 81601 RE: Special Use Permit for Material Handling, Processing, and Storage of Natural Resources in the ARRD Zone District for the Noble Energy Hyrup Evaporation Facility Dear Mr. Bean, Noble Energy, lnc. respectfully requests that the Planning Commission hearing for the Hyrup Evaporation Facility, currently scheduled on October 11,2006, be rescheduled for December 13,2006 to allow Noble Energy sutficient time to fully explore alternative p@ect locations, specifically Little Alkali in Mesa County. ln response to the concerns raised by the surrounding land owners during the Planning Commission hearing on August 9, 2006, Noble is investigating the Little Alkali location to determine if it is a feasible and practical alternative location to the presently proposed site. Noble understands and appreciates the concerns of the surrounding community and would like to work with the neighbors and the county to create a reasonable and agreeable project plan. Please contact me, Amanda Jacobs, to confirm that you have received this request and to advise as to what actions must now be taken. Thank you for your time and consideration. Sincerely, /),//r.'*van/a A^-h.t. Amanda Jacobs { Staff Scientist Cordilleran Compliance Services lnc. cc: Jon Bowman, Noble Energy, lnc. Cordilleran File ED06061 Cordilleran Compliance Services, lnc. Grand Junction, CO . Denver, CO . Casper, VVY. Laramie, WY. Lander, VVy E n v i ro n m e n ta I Co n s u lti n g E n g i n e e rs and Scienfisfs 826 21 TzRoad Grand Junction, CO 81505 T: 970.263.7800 F: 970.263.7456 .sEP I 2 2006 RECH r MEMORANDUM To: Richard Wheeler From: Steve Anthony Re: Hyrup/l{obleEvaporationPonds Date: June 16,2fi)6 Tha*s for the opportunity to comment. Noxious weeds: o As a condition of permit issuance, staffrecommends that the applicant contact our office to arrange a site visit to inspect the permit area for the County listed noxious weed, leaff spurge. . If lea& spurge is located on site or in close proximity to the disturbed area the applicant shall develop both a short term and long range plan to manage leaff spurge (and other county listed noxious weeds) in the area. . The applicant should be responsible for assisting the landowners with weed management on their property as the disturbance will invite noxious weeds and will facilitate their spread onto adjacent land. Revegetation: o The applicant needs to quantiff in terms ofacres or square feet the amount ofdisturbed area so that a revegetation bond may be established. r It is requested that the applicant provide actual seed tag labels listing the species used and the percentage of Pure Live Seed. They should save every tag and make them available to the Vegetation Management office so we can verift that they planted the amount they committed to. o It is recommended that the applicant mulch the disturbed area after reseeding. If using straw or hay, it must be certified weed-free. Soil Plan r The Revegetation Guidelines of the Garfield County Weed Management Plan also request that the applicant provide a Soil Management Plan that includes: Provisions for salvaging on-site topsoil. A timetable for eliminating topsoil and/or aggregate piles. A plan that provides for soil cover ifany disturbances or stockpiles will sit exposed for a period of90 days or more. Alternative Site Petition for the Noble Energy/Hyrup Evaporation Pit and Amine Plant proposed in Garfield County We, the undersigned, residents of the Wallace Creek area of Garfield County, Colorado wish to express our concerns and make recommendations regarding the installation ofao&r#a*t u&h numerous Evaporation Ponds. (see attached diagram). Our concerns relate to air and water quality in the area in proximity to the proposed @ad ponds. There is discussion concerning the use of monitoring equipment and this is certainly a necessary and appropriate measure. However, without a plan for rectiffing any problems found this only provides information and not protection. We recommend the parties involved move the plant and ancillary facilities to a more responsible location in the south/west part of Hyrups' Ranch in the area known as "Little Alkali". This move of the fuffities will provide protection by the very nature of the isolated location. fr"-'v- Thank you for your consideration. 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'ti gtil *qt HEI f*; F; sa a IJoo5Cr 9a' EI To{ 0 -lIm € -{mu t!voco{{o Im !oz(] >IT9tr<Lls -.,;o+m*ut e* 4fi 3sCTzOo70 =\a6fr>o: <214 E' tn =tr&&e&r 8& F*re66sEF w# &I4lw{ :5.5 !)(D)it6'oI6.?ra T'o;"o6 =9.@o-o-znoAo.u- Eomo\<5 =",oaFg 90t =9-o.9sEroJrn9o =CLi; ooY tn*;o$a<50 Jqos-JJtu oYx'a:-Y>6*];6(Do? =-o9x E !rc=. ti i:oZoq.,o; @5{rq3&;:.RoiirtRSS-oa' -O+tro *=6' E.6ro DDTOE o5':f,o9fi -.05h \ \ \ CORDILLERAN July 26, 2006 Richard Wheeler Garfield County Planner 1og 8tn Street Suite 401 Glenwood Springs, CO 81601 Subject Hyrup Evaporation Facility Special Use Permit Dear Mr. Wheeler: Noble Energy, lnc. is seeking approval of a conditional use permit in Garfield County, Colorado for the sole purpose of permitting the construction and operation of the Hyrup Evaporation Facility on a77- acre portion of a larger 480-acre parcel owned by John V. and Phyllis Hyrup. As you are aware, a Special Use Permit Application packet for this project was submitted by Wagon Wheel Consulting in April, 2006 and is currently under review by the Garfield County Planning Commission. Cordilleran Compliance Services lnc. has been retained by Noble Energy, lnc. to complete the application process for the Hyrup Evaporation Facility. Review of the original submission, as well as discussion with the Garfield County Planning Department, revealed the original submission lacked pertinent information. Due to the insufficiency of the original submission, a new, more complete application packet has been prepared for your consideration. Per your request, one copy is being sent directly to you and 14 copies are being sent to the Garfield County Building Department Office in Glenwood Springs. The structure of this second permit application submission addresses the questions and concerns raised in the Garfield County Building and Planning's Special Use Permit application and pertinent sections of Resolution 5.03. This submission has also taken into account the quesiions raised by the Garfield County Building Commission during the meeting that was held on June 14,2006. All corresponding documents (i.e. Site Design Plans; Vicinity Maps; County Assessor's Maps; Legal Description and Deed; Letter of Acting Agent; Stormwater Management Plan; Spill Prevention, Control and Countermeasure Plan; Wildlife Assessment; lntegrated Vegetation and Noxious Weed Management Plan; Geotechnical Survey; lmpact Statement; Asiociated Permits; Site Photo Log; Public Notice; and Agreement to Pay Form) have been included in this submission, The Lease Agreement included in AppendixT of the permit application is an unsigned copy of the document. A signed copy is currently being obtained and will be provided as soon as it is available. Cordilleran Compliance Services, lnc. Grand Junction, CO . Denver, CO'Casper, \A/Y' Laramie, WY' Lander, WY E nv i ro n m e n ta I Co n s u lti n g E n g i n e e rs and Scien fisfs 826 21 lzRoad Grand Junction, CO 81505 T: 970.263.7800 F: 970.263.7456 RECEIVED JUL 2 7 2006 f,iffl,:?,',ff^liJJ CORDILLERAN Please contact me at 970.269.7800 with any questions that you may have regarding this permit. Thank you for your time and consideration. Sincerely,/nt ->/,rril V^"rl^ Amanda Jacobs (l Staff Scientist v Enclosures: asdescribed Cc: Jon Bowman, Noble EnergY, lnc. Paul Henehan, Fremont Environmental Garfield County Building and Planning Department Cordilleran File No. 6061 Cordilleran Compliance Services, lnc. Grand Junction, CO . Denver, CO 'Casper, WY' Laramie, WY' Lander, M/Y Environmental Consulting Engineers and Scienfrsfs 826 21 lzRoad Grand Junction, CO 81505 T:970.263.7800 F: 970.263.7456 826 21 % Road Crand Junction, CO 81505 Tt 970.263,7800 F:97A,263.7456 August 10,2006 Garfreld County Building & Planning Depat'tment 108 8th Street Suite 401 Glenwood Springs CO 81601 Attn: Mr. Mark Bean Dear Mr, Bean: With regatd to the continuation granted by the Garfield Couniy Plaruring Commission during the Conrmiision's August 9, 2006 hearing for the Special Use Permit Application to allow for storage, processing, and material handling of natural resources for an Evaporative Facility, John & Ft yttis Hyrup & Noble Energy hereby waive the 120-day review and decision period associated with the permit application. if you have any questions or comments regarding this matter, please do not hesitate to contact me. Sincerely, Cordilleran Compllance Services, Inc, Dion Plsek, P,E. Principal Engineer Enclosures Cordilleran Compliance Services, ltrc. Crand Junction, CO r Denver, CO r Casper, WY . Laramie, WY Environmenta I Consulting Engineers and Scientists 826 21 lzRoad fr-tffi'ilH,EVf,$} Grand "',+l?ftur:1333 AUG 3 L 2006 F: e70'263'7456CORDILLERAN David Blair, Fire Chief Grand Valley Fire Protection District 1777 5 Battlement Parkway PO Box 295 Parachute, CO 81635 Subject: Review Request for the Hyrup Evaporation Facility SPCC PIan Dear Mr. Biair, Noble Energy, lnc. is in pursuit of approval of a special use permit in Garfield County, Colorado for the sole purpose of permitting the construction and operation of the Hyrup Evaporation Facility on a77- acre portion of a larger 480-acre parcel owned by John V. and Phyllis Hyrup. A Special Use Permit Application packet for this project has been submitted to Garfield County and is currently under review by the Planning Commission. As we discussed on the telephone, the timing of this particular application has created a bit of confusion in the review process. To ensure that you have the opportunity to review and comment on the SPCC Plan for this facility, I am sending a copy of the Plan directly to you. Mark Bean with Garfield County Building and Planning is handling this application and any comments and/or suggestions should be addressed directly to him. lf you would be so kind as to copy me in on the comments, I would greatly appreciate it. That way, we can begin to make any necessary revisions before our next Planning Commission meeting on October 11,2046. lf you would like to receive a complete copy of all of the application materials that have been submitted thus far, please contact myself or Mark Bean with Garfield County Building and Planning at 970.945 .8212. Please call me at 970.263.7800 if you have any questions. Thank you, ,1 ->d;a,& /"r*h, Amanda Jacobs (/ Staff Scientist Enclosures: asdescribed Cc: Jon Bowman, Noble Energy, lnc. Paul Henehan, Fremont Environmental Mark Bean, Garfield County Building and Planning Department Cordilleran File No. 6061 Cordilleran Compliance Services, lnc. Grand Junction, CO . Denver, CO . Casper, WY' Laramie, \l/Y' Lander, \A/Y Environmental Consulting Engineers and Sclenfisfs July 6, 2006 TO Tresi Houpt Garfi eld County Commissioner RE Noble Energy Evaporation Pit and Ponds proposed on Hyrup's Ranch We respectfully ask for the relocation of Noble Energy's Amine Gas Processing Plant and Evaporation Ponds proposed on the north end of Hyrups' Ranch in Garfield County. This massive installation, of approximately 70 acres, at full capacity will hold I .1 7 million barrels of waste product in five ponds. The proposed location wili contaminate the quality of our air with noxious odors and potentially damage the quality of our water supplies. Monitoring equipment will only let us know we have a problem, but will not solve the problem; then it is too late. There is an alternative site, known as "Little Alkali", on the south/west end of Hyrups' Ranch. This site will reduce the impacts by the very nature of its isolated location. We strongly urge you not to approve the proposed location that negatively impacts so many people, but consider "Little Alkali" as a more responsible site. We appreciate your help in protecting our homes. Thank you. Signed 4-j f" Address Contact Information A-tf-?a/6 July 6, 2006 TO Tresi Houpt Garfield County Commissioner RE Noble Energy Evaporation pit and ponds proposed on Hyrup,s Ranch We respectfully ask for the relocation of Noble Energy's Amine Gas processing plant and Evaporation Ponds proposed on the north end ofEyrups' Ranch in GarfielJ County.This massive installation, of approximately 70 acres, uin fi capacity will hold l.l7million barrels of waste product in five ponds. The proposed location will contaminate the quality of our air with noxious odors andpotentially damage the quality of our water supplies. Monitoring equipment will only let us know we have a problem, but will not solve the problem; then it is too late. There is an altemative site, known as "Little Alkali", on the south/west end of Hyrups' Ranch- This site will reduce the impacts by the very nature of its isolated location- We strongly urge you not Jo approve the proposed location that negatively impacts so manypeople, but consider "Little Alkali" as a more responsible site. We uipr""iut" your help in protecting our homes. Thank you. Address Contact Information RE July 6, 2006 TO Tresi Houpt Garfi eld County Commissioner Noble Energy Evaporation Pit and Ponds proposed on Hyrup's Ranch We respectfully ask for the relocation of Noble Energy's Amine Gas Processing Plant and Evaporation Ponds proposed on the north end of Hyrups' Ranch in Garfield County. This massive installation, of approximately 70 acres, at full capacity will hold I .17 million barrels of waste product in five ponds. The proposcd location will contaminate the quality of our air with noxious odors and potentially damage the quality of our water supplies. Monitoring equipment will only let us know we have a problem, but will not solve the problem; then it is too late. There is an altemative site, known as "Little Alkali", on the south/west end of Hyrups' Ranch. This site will reduce the impacts by the very nature of its isolated location. We strongly urge you not to approve the proposed location that negatively impacts so many people, but consider "Little Alkali" as a more responsible site. We appreciate your help in protecting our homes. Thank you. Address Contact Information Alternative Site Petition for the Noble Energy/Hyrup Evaporation Pit and Amine Plant proposed in Garfield County We, the undersigned, residents of the Wallace Creek area of Garfield County, Colorado wish to express our concerns and make recorlmendations regarding the installation of a Gas Plant with numerous Evaporation Ponds. (see attached diagram). Our concerns relate to air and water quality in the area in proximity to the proposed plant and ponds. There is discussion concerning the use of monitoring equipment and this is certainly a necessary and appropriate measure. However, without a plan for rectiflring any problems found this only provides information and not protection. We recommend the parties involved move the plant and ancillary facilities to a more responsible location in the south/westpart of Hyrups' Ranch in the area known as "Little Alkali". This move of the facilities will provide protection by the very nature of the isolated location. Thank you for your consideration. NAME ADDRESS CONTACT INFORMATION r1B G?J tq( G R) lo ef ja6 [^\'[ J)/ a-r NAME ADDRESS CONTACT INFORMATION ^J-"L fiq( Cft 3oa ?*r^"!^nk,eo 1l 3ob P,'""l^fr"AVrL3{ 3too tR 3o tr P"OD R I t,:S oo NAME ADDRESS CONTACT INFORMATION tz-2 FZA?7a-z;TSW.,/ 3C, n\-/o ,s-z- 3o i (0 NAME ADDRESS CONTACT INFORMATION JE u-{uh W 3z; /;t xaS Q/", o N[ ,& F,, ,)\€ .t'I \ rll I r17r por\o- c2 APouI tlo r5llPl R€F: SHEEI I ,N,t ),. > t. II 5 I rffi100 0 r00 100 SC^tt l" r l@' Ir_ 'o d z Iz BrrBt I ;l ;.c D2giI I I I I Ilil stll el,il'lItItrl, ili ! l"'I tllr-"1lil,"ll; - I.:lil:l :l:lIlii : I \',1 ' ir'/;::"- -- )., // ' .--'-' ',/-r r',..-- - - -:l/.' / z--\ i/ ., ,/ /'---'- l/,t/ / ----., ! ',: ' -.--it i,';' ' -.--.i ,t / ,r ,' .,'.-- - [( "')'..''1'1. \ \{ t.iN )7#( --\ /f -r'r \.)' ;:- EVAPORATION PAD SIZT POND-I r-^ 20' x 470' 1-B 20 X 470 1-C 20', X 170' 1-0 i00 x 500' AREA (SO.FL) 910C 9400 9403 50.000 LEGEND EXISTIXG PROPOSEo PRoPERTY/R.0..,Y. UNE -- i96: - CoNIOUR -1965-^cc€ss RoaDs ffi Ev^PoRAno{ PAD EEEjr-...--,n TOTAL: POND-2 2 100'x260' PON0-3 N,/^ PONo-a I 11O' :< 27A' 7A,2CA 28.000 J 7.EM r{.000 s.F '''tu I 4 I I ol -l il ;l!lol d oz lrJ Eloa S! o .l (t 1oRuJ;ai!! " ;," = r83(, ri^ uJ !13 g O z z z J o- uJFa ox LlJztfi Jlrl tDoz Elul dl ol ;t I J!l cl]l0l!l I EI ?l ;l 9J cl PROJECT TOIAL: . -1:---- _ffi.i. Il'"';:/1'',seP*-- 3'.?i? :HJ$. 'U.5 i,ri'f,*P\,ft"'.:-:j r'%lktls \l noo @ d o =I o --,-i-\iN< l(3//(i."'-".JN',r.N - ';t oI ooo O ! ///,/ r// tPONOr2 IOTAL STORAGE/' 27I,76J'BARRBsgronrcE Deprl3ta' r I RtF.'/SHFfI/'C2 fi , r z/,/zI i ,\,ffi, /:-)