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HomeMy WebLinkAbout2.0 BOCC Staff Report 09.07.2004Exhibits for Public Hearing held on September 7, 2004 Exhibit Letter Z) Exhibit A Mail Receipts B Proof of Publication C Garfield County Zoning Regulations D Application E Staff Memorandum F Email from County Oil & Gas Auditor dated July 13, 2004 G Letter from the County Road & Bridge Department dated June 24, 2004 H Letter from Resource Engineering dated July 7, 2004 I Letter from the Division of Wildlife date July 22, 2004 J Letter from County Vegetation Manager dated September 1, 2004 K Permits from the COGCC for original evaporation pit L _ Resolution 96 — 21 M Water Quality Analysis conducted by Vernal District Laboratory dated 1/95 p144,4,7t,j krin• AR/ go4- j 4AfU 3 S-/fA144 1• /V. 40e./,),, Z - Aft, db.., 41,1, l ysjf 14, 51k [it0 io _ nw m 4,1144 r-I- sV Ci a. el 64, EXHIBIT PROJECT INFORMATION AND STAFF COMMENTS BOCC 9/07104 FJ TYPE OF REVIEW Special Use Permit for "Storage and Material Handling of Natural Resources" APPLICANT Encana Oil & Gas USA, Inc OWNER Benzel Livestock Company LOCATION The subject property is approximately 3 miles southwest of Rifle on CR 319 SITE INFORMATION Approximately 8.5 acres of a 1,800+ acre parcel EXISTING ZONING ARRD (Agricultural / Residential / Rural Density) ADJACENT ZONING ARRD / OS (BLM) L DESCRIPTION OF THE PROPOSAL A. General Project Description The Applicant requests the Board approve a Special Use Permit (SUP) for "Storage and Material Handling of Natural Resources" in order to make certain upgrades to the Benzel Water Evaporation Pit currently operated by Encana Oil and Gas, USA. The upgrades will improve the ability of the pit to evaporate "produced water" which is a by-product of natural gas well drilling operations in the area also referred to as Exploration and Production Waste by the Colorado Oil and Gas Conservation Commission (COGCC). B. Background As a matter of background, in 1996, the Board of County Commissions (the Board) approved an SUP for the pit in its current configuration and operation capacity (Resolution 96 -- 21). As proposed and approved, the water evaporation pit continues to serve as a collection point for water produced from the 34 natural gas wells that Snyder Oil Company (SOCO) had in the area. Those wells produced between 150 and 200 barrels of water a day (1 barrel is equal to 42 gallons). Prior to the construction of the pit, this water was trucked to a water disposal facility in DeBeque. As a result, SOCO proposed the pit to allow for increased efficiency and cost savings, as well as significant reductions in traffic in the near and long term. The life of the facility was envisioned to range from 20 to 30 years. From an operations standpoint, the evaporation activity (sprayers and surface) would occur 12 hours a day for four months during the summer and would result in the evaporation of 79,198 gallons per year. Encana /Benzel Evaporation Pit BOCC — 9/07/04 Page 2 As mentioned above, the COGCC rules define produced water as "exploration and production waste" and an evaporation pit that contains, treats, and evaporates this water is dealt with in Section 908 Centralized E&P Waste Management Facilities of the COGCC rules. These rules also require that operators may be subject to local requirements for zoning which meant a Special Use Permit was required for the facility. While the proposed upgrade of the facility does not require an amendment to the COGCC permit, it does require a second SUP from Garfield County because any changes to an existing SUP requires a new SUP. This review will focus primarily on the proposed upgrades to the facility. C. Non-compliance with Existing Special Use Permit In a review of the materials submitted as well as a review of the original obligations required of the original Applicant, it appears the existing SUP is in default with the following conditions of approval as required in Resolution No. 96-21: 6. The issuance of the SUP shall be subject to an annual review of the water chemistry contained in the evaporation pit at such time when free standing water is within the pit. This analysis shall be submitted to the Building and Planning Department on the first day of July for every year the pit is in operation. The cost of this analysis shall be born entirely by the applicant. If this water is determined, through this analysis, to be hazardous or toxic based on applicable standards, the applicant or owner / operator of the facility shall be required to submit an additional SUP to specifically address /mitigate any detected potential hazards. (As mentioned below, only one water analysis report was submitted in 1997. No other reports have been submitted to Garfield County since that time.) 9. A sufficient monetary security, determined by the Board of County Commissioners, to ensure rehabilitation of the site once operation has ceased shall be provided by the applicant. (Research conducted by Staff found that no security was ever determined or submitted to the County.) 11. The applicant shall consult with appropriate authorities as to the planting and care of suitable landscaping plants. (The most recent site visit revealed that no formal landscaping has been established.) 7. Proposal Specifics Encana /Benzel Evaporation Pit BOCC — 9/07/04 Page 3 The Applicant proposes to make certain improvements and upgrades to the existing facility. These upgrades include the following: (1) The upgraded system would be designed to treat 5,000 barrels of produced water per day; (2) Add three 500 -barrel (bbl.) capacity cone -bottomed off-load tanks to receive water - hauling trucks from natural gas production well sites. These tanks will serve as the primary separation point for lighter than water hydrocarbons and heavier than water solids/ paraffin/ wastes; (3) Move and/or replace two existing 400 -bbl. capacity off-load tanks to facilitate the configuration of the upgraded system; (4) Extend or modify the existing earthen berm secondary containment structure at the facility to accommodate the changes to the storage tank layout; (5) Add oil/water separation equipment for treatment of produced water from the offload tanks. This would include a gravity separator, (possibly) a polishing filter, and electric - driven pumps to move oils and water as required; (6) Construct a concrete containment pad to be used as a loading area for mobile tanks for the solids/ paraffin/ waste lighter and heavier components separated from the off-load tanks; (7) Add an electric -driven pump to feed the evaporation system; (8) Add an evaporation spray system over the existing pond. This system will consist of piping and spray nozzles to optimize the evaporation of produced water; (9) Add an electric -driven pump for loading of tankers with recycled water from the existing pond; (10) Upgrade the electrical service at the facility to provide electrical power to additional equipment; (11) After the new system is in operation and the oil is effectively removed from water reporting to the existing pond, remove the existing netting from the pond, with the permission of the landowner; (12) Remove the existing equipment stored on the south side of the location; and (1 3) Arrange for wellbore and other pipe storage on the location. This may include addition of pipe racks and sleepers for pipe storage. Encana /Benzel Evaporation Pit BOCC — 9/07/04 Page 4 The application states that the proposed equipment changes are designed to enhance the general operation of the facility and also make maintenance activities safer and easier for facility personnel. All structures included in the anticipated final configuration are static structures intended to be integral parts of the facility and its systems. As such, they will have the same general characteristics as existing permanent structures at the site, in terms use and hours of operation. The application also states that the character of vehicle pattern to and from the site will not change from its current pattern. No improvements to public roads are necessary with the upgrades as planned. The added or changed structures will generate no new noise or dust and will have a minimal visual impact in relation to other structures at the site. The overall visual impact at the facility should improve due to the planned removal or rearrangement of stored extraneous equipment. Noise impact of the finished facility should also be lower than current conditions, as the planned equipment buildings will house the pumping equipment and should serve to dampen the noise generated by the pumps. In any event, EnCana will adhere to the noise standards specified by the Colorado Revised Statutes and the Colorado Oil and Gas Conservation Commission rules. 8. Site Description The evaporation pit is presently confined within an 8.5 acre site on a very large rangeland parcel owned by Benzel Livestock Company comprising approximately at least 1,800 acres. The site is located approximately three miles southeast of the City of Rifle immediately east and adjacent to County Road 319 in a wide valley which slopes gently up -ward to the south. In general, sage and native grasses cover much of the surrounding property with hillsides covered with juniper stands. Since its original approval in 1996, the pit has been completed and has functioned as originally proposed by Snyder Oil Company. The subject site is located in an area that also provides industrial support to the oil and gas industry such as the Dalbo and Lazier operations adjacent to and directly north of the evaporation pit. 9. Zoning The subject property is zoned ARRD. The type of uses requested falls under the definition of "Storage and Material Handling of Natural Resources" which are contemplated as special uses in the ARRD zone district. 10. Adjacent Land Uses The area surrounding the proposal is pre -dominantly rangeland with similar, oil and gas, type land uses. Zoning to the north is ARRD with an SUP for Dalbo Operations, zoning to the south is also ARRD which comprises mainly open ranch land with significant number of gas wells, zoning to the east is Open Space which is land owned by the Bureau of Land Management (BLM), and land to the west is zoned PUD. 11. Applicability Pursuant to Section 9.03.04 of the Zoning Resolution, an application for a Special Use Permit shall Encana / Benzel Evaporation Pit BOCC -- 9/07/04 Page 5 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. II. REVIEW AGENCY AND OTHER COMMENTS Comments have been received from the following agencies / community groups and are integrated throughout this memorandum as applicable. 1. City of Rifle: No Comments Received 2. Colorado Division of Wildlife: Exhibit I 3. Bureau of Land Management: No Comments Received 4. Garfield County Road and Bridge Department: Exhibit G 5. Garfield County Vegetation Management: Exhibit J 6. Garfield County Oil and Gas Auditor: Exhibit F 7. Resource Engineering: Exhibit H III. 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 thereunder 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 The Applicant states that the existing water and sanitation service for the facility will continue to be used and will be upgraded as necessary to meet the needs of the proposed use. The Applicant's response is unclear as to what facilities do exist to handle water and sanitation; however, the proposed use does not appear to need or require potable water or wastewater services. This standard is met. 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 The application stated that traffic to and from the facility will remain at its current levels as contemplated in the original SUP as a traffic volume of 2 — 3 round trips for large water hauling trucks during a 24-hour period. Staff presumes this will remain they same number and type of trips Encana /Benzel Evaporation Pit BOCC — 9/07/04 Page 6 as a result ofthe upgrade. According to the County Road and Bridge Department, the entrance to the site from CR 319 is adequate. The Road and Bridge Department indicated they had no objections with the project as it related to road conditions but has required the Applicant install a stop sign at the entrance / exit to the property and the driveway and site needs to be adequately graveled so that mud is not tracked onto CR 319. (See Exhibit G) Resource Engineering also indicated that access appears to be adequate in terms of width, grade, and site distance. Staff finds that this standard is met so long as there are no increases to approved traffic trips. 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 In general, the use already exist which includes Iarge water tanks and the pit as shown on the site plan. The proposal to upgrade the facility includes adding 4 water/ oil tanks in the same location and of the same design / color as the existing tanks. In general, Staff agrees that the new structures will have the same general characteristics as existing permanent structures at the site and will have a minimal visual impact in relation to other structures at the site. In addition, the applicant proposes to remove the wire netting that sites on top of pit. The applicant states the overall visual impact at the facility should improve due to the planned removal or rearrangement of stored extraneous equipment. The original application included a landscaping plan which stated that... "the facility will be landscaped after the construction is completed in order to shield it from the people traveling CR 319. Although there are no landscaping plans right now, it is our intention to put a combination of bushes and trees such that the facility will be at least partially shielded year round. We would appreciate any suggestions into afinal landscaping plan. Once the landscaping is in place, it will be maintained by people in our Rifle office who will weed, water, and fertilize the trees and bushes regularly." Further, Resolution 96 — 21 required the applicant to "consult with appropriate authorities as to the planting and care of suitable landscaping plants" to be installed as landscaping to better screen the operation from CR 319. At present, it appears that little to no landscaping has been installed at the site that provides any screening of the facility from CR 319. It would appear that landscaping / berming would be beneficial to screen the use from CR 3I9 to the west and south at the very least. Not only_ is this standard not met, but it appears the Applicant is in violation of their original approvals and no landscaping plan was submitted with this application. Section S. 03.07 /Industrial Operations] Encana /Benzel Evaporation Pit BOCC — 9/07/04 Page 7 Pursuant to Section 5.03.07 of the Zoning Resolution, a permit for Industrial Operations requires the submittal of an impact statement on the proposed use describing its location, scope, design and construction schedule, including an explanation of its operational characteristics. The impact statement is required to address the following: (A) Existing lawful use of water through depletion or pollution ofsutface run-off, streamflow or ground water. Response As mentioned above there is no practical requirement for use potable water sources at the facility. Affects of the use of water as it relates to pollution is discussed at the end of this memorandum. The Applicant states that "the facility is designed to protect groundwater and surface water resources. All storage areas will be constructed with impermeable materials. There are no anticipated potential water pollution hazards associated with this facility. If potential hazards are discovered, safeguards designed to comply with the regulations of the Environmental Protection Agency will be installed." (B) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. Response The Application states that the added or changed structures will generate no noise or dust and will have minimal visual impact in relation to other structures at the site. Further, the overall visual impact at the facility should improve" due to the planned removal or rearrangement of stored extraneous equipment. Noise impact of the finished facility should also be lower than current conditions, as the planned equipment buildings will house the pumping equipment and should serve to dampen the noise generated by the pumps. In any event, EnCana will adhere to the noise standards specified by the Colorado Revised Statutes and the Colorado Oil and Gas Conservation Commission rules. An applicant is required to demonstrate that the noise generated from the pump does not exceed the levels set out in the statutes which are provided in the matrix below. Further, the Board has also understood that the level that needs to be met is that of the receiving use and not the sender use. The Statute states "Sound levels of noise radiating from a property line at a distance of 25 feet or more there from in excess of the dB(A) established for the following time periods and zones shall constitute (prema facia) evidence that such noise is a public nuisance." The table below shows the zones and dB(A) acceptable for each zone and particular time. Zone ., " lam to 7pnt ".' '7pm to 7 am Residential 55 dB(A) 50 dB(A) Commercial 60 dB(A) 55 dB(A) Light Industrial 65 dB(A) 70 dB(A) Industrial 80 dB(A) 75 dB(A) Encana /Benzel Evaporation Pit BOCC— 9/07/04 Page 8 Since the standard requires that the "volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. Because the applicant did not provide any information as to the volume of sound generated, this standard is not met. (C) Impacts on wildlife and domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions. Response Regarding compatibility with wildlife, the original proposal included covering the pit with metal netting which prevents waterfowl from reaching the water that could adversely affect their health. The present applicant proposes removing the netting as part of the upgrade; however, the application offered no discussion of an equally effective alternative to prevent waterfowl from resting on the water. The original application stated that according to wildlife distribution maps from the Colorado Department of Wildlife (DOW), the site is located on summer rangeland for mule deer and elk and is within migration corridors for these animals. This type of facility is incompatible with wildlife access and wildlife has been excluded by wildlife -proof fencing. Further, the applicant stated that the upgrades at the facility will not expand the existing property and will not, therefore, impact migration or habitat areas. Staff referred the application to (DOW) which stated that "this type of facility is, by nature, incompatible with continued wildlife access. Therefore, measures as outlined below should be considered in order to ensure that the facility does not create a hazard to surrounding wildlife." In particular, "Water attracts wildlife, particularly in areas such as the proposed site where water is relatively scarce. Because of the circulation caused by the evaporation equipment, the pond will likely remain open during the colder months and one would expect waterfowl and small mammals to be attracted to it. We would suggest that an inspection of the fence should be completed, and if necessary improvements should be made. We would suggest the following specifications should be considered to help prevent wildlife from entering the facility and becoming trapped:" Eight -foot -high perimeter big game fence and a two to three -foot -high mesh small game fence intmediately surrounding the pond and buried six to eight inches in the ground. "Impermeable pond liners make it difficult, ifnot impossible, for any animals that enter the pond to escape. Escape ramps are essential in facilitating the escape of any wildlife species that manage to reach the water. If one does not currently exist; a simple structure could be constructed in the pond that would allow animals to escape should they become trapped. Contact DWM Brett Ackerman for details on how to construct such an escape structure." Encana /Benzel Evaporation Pit BOCC — 9/07/04 Page 9 "The pond should be monitored for oil, and if oil reaches the ponds measures should be taken to immediately remove it. Furthermore, the brackish nature ofwater commonly associated with oil and gas operations can be detrimental and fatal to waterfowl and other migratory birds. Because of the above information we would suggest that retaining thepond netting already existing on the facility, rather than removing it as proposed in the" application, would help prevent migratory birds from resting and/ or foraging on the ponds, particularly during the winter months." "The applicant should be advised that the death of any migratory bird caused by the proposed facility is a violation of state and federal law. Any deaths of migratory birds or other wildlife attributable to this facility must be immediately reported to the Colorado Division of Wildlife and the United States Fish and Wildlife Service. DOW- supports the plan's proposal to continue to ensure that there is no surface runoff or other discharge from the facility, and suggests measures be taken to control any erosion resultant from traffic on the site by installing appropriate road base and gravel." "In addition, monitoring ofsoil and groundwater in order to avoid any degradation in water quality and soil type and structure over the life of the project would help to ensure proper reclamation of the project. Returning the site to slope with fill and seeding should not be considered complete reclamation if the sail and surrounding area has degraded due to activities performed on the site. In addition, seeding and establishment of nativeplants in any stockpiled topsoil will help maintain the integrity of the site during the proposed 20 year operation plan. Inclusion ofa comprehensive weed control plan in coordination with Garfield County during the operation and reclamation of the site would help prevent establishment and infestation of noxious weeds. " Ultimately, it appears that the impacts on wildlife through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions can be adequately mitigated if the applicant follows the guidance of the DOW described above. Staff suggests, should the Board approve the request, that these items above be considered as conditions of approval for the upgrade. (D) Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County. Response The intent of the original proposal was to reduce the truck traffic generated in the area hauling water from the well drilling operations south of Rifle in the Hunter Mesa area to DeBeque. The characteristics of the vehicle traffic to and from the site will remain at current levels of 2 to 3 round trips a day. The Applicant does not specifically propose any improvements to public roads as a part of the proposed upgrades to the facility. The Road and Bridge Department stated they had no objections to the proposed upgrades to the facility based on commitments by Encana to maintain the integrity of CR 319. Further, the area where trucks enter and unload water will be appropriately graveled so that mud is not tracked onto Encana / Benzel Evaporation Pit BOCC — 9/07/04 Page I0 CR 319 and a stop sign shall be installed as a safety device for vehicles leaving the site. Resource Engineering also indicated that access appears to be adequate in terms of width, grade, and site distance. Staff finds that this standard is met so long as there are no increases to approved traffic trips. (E) That sufficient distances shall separate such use from abutting property which Wright otherwise be damaged by operations of the proposed use(s). Response The application states all operations at the facility will not involve any abutting property. The proposed upgrades to . the facility will not encroach upon existing setbacks or reduce current separation distances to abutting properties. Staff agrees that the existing facility is located well within required setbacks and is sufficiently separated from adjacent properties in all directions. (F) Mitigation measures proposed for all of the foregoing impacts identified and for the standards identified in Section S. 03.08 of this Resolution Special Use Permits may be granted for those uses with provisions that provide adequate mitigation for the following: (A) A plan for site rehabilitation must be approved by the County Commissioners before a permit for conditional or special use will be issued; Response The original application included a reclamation plan that would govern treatment of the site once the useful life of the facility (20 — 30 years) had expired which included removal of all equipment, filling in and leveling the pit making sure the soil is put back to its original level as practicable, reseeding the area with 100% weed -free indigenous grass, and complying with all applicable special lease terms, state and county regulations regarding reclamation. This present application proposes a similar reclamation plan where the Applicant commits that any area disturbed by construction or operation activities that are not otherwise covered by liner material or equipment shall be resurfaced with sand and gravel and graded flat as necessary. At the end of the expected life of the facility (2016 — 2026), reclamation will consist of the following: 1) Removal of all surface equipment and liner material; 2) Restoration and re -contouring of grade to approximate original conditions; 3) Replacement of stockpiled topsoil; and 4) Compliance with all prevailing Colorado Oil and Gas Conservation Commission and Garfield County regulations governing final reclamation. Encana /Benzel Evaporation Pit BOCC — 9/07/04 Page 11 The County Vegetation Manager provided comments stating that the site rehabilitation plan described above does not go into sufficient detail about future reseeding. As a result, it is suggested that the applicant provide and plant material list and planting schedule for the reclamation. (See Exhibit J) In addition, the County Vegetation Manager states "this project has the potential to create additional mosquito habitat in the County. Staff requests that the applicant shall provide a Mosquito Management Plan that will address how they intend to monitor and manage this site for mosquitoes." (B) The County Commissioners may require security before a permit for special or conditional use is issued, if required The applicant shall furnish evidence of a bank commitment of credit, bond, certified check or other security deemed acceptable by the County Commissioners in the amount calculated by the County Commissioners to secure the execution of the site rehabilitation plan in workmanlike manner and in accordance with the specifications and construction schedule established or approved by the County Commissioners. Such commitments, bonds or check shall he payable to and held by the County Commissioners; Response As a condition of the original approval granted in 1996 (condition #9), the Board required that "A sufficient monetary security, determined by the Board of County Commissioners, to ensure rehabilitation of the site once operation has ceased shall be provided by the applicant." As mentioned earlier, research conducted by Staff found that no security was ever determined or submitted to the County by the Applicant. In addition, the Board should be aware that Section 704 of the OGCC rules and regulations regarding proper reclamation of Centralized E&P Waste Management Facilities requires the following: 704. CENTRALIZED ESP WASTE MANAGEMENT FACILITIES An operator which makes application for an off-site, centralized E&P waste management facility shall, upon approval and prior to commencing construction, provide to the Commission financial assurance in the amount of fifty thousand dollars ($50, 000) to ensure the proper reclamation, closure and abandonment ofsuch facility. The application did not mention whether this security was ever put in place. Staff suggests, should the Board approve the request, that the Applicant submit proof, prior to the issuance of the Special use Permit, that this security has been put in place with the OGCC. Also refer to the letter from the County Vegetation Manager as Exhibit J. Section 5.03.08 [Industrial Performance Standards] Pursuant to section 5.03.08 of the Zoning Resolution, all Industrial Operations in the County shall comply with applicable County, State, and Federal regulations regulating water, air and noise Encana /Benzel Evaporation Pit BOCC — 9/07/04 Page 12 pollution and shall not be conducted in a manner constituting a public nuisance or hazard. Operations shall be conducted in such a manner as to minimize heat, dust, smoke, vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the property in which such uses are located, in accord with the following standards: (1) Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. Response The application states that the added or changed structures will generate no noise and that the noise impact of the finished facility should be lower than the current conditions, as the planned equipment buildings will house the pumping equipment and should serve to dampen the noise generated by the pumps. EnCana has committed to adhere to the noise standards specified by the Colorado Revised Statutes and the Colorado Oil and Gas Conservation Commission rules. Again, the application did not provide any analysis of noise generated from the facility as it relates to the statutes; however, staff agrees that the upgrades to the facility appear to dampen the noise generated so that it will be less impacting than presently generated noise. (2) Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located. Response The application states that the pumping equipment at the upgraded facility is expected to possibly emanate a minimal amount of vibration. The proposed equipment buildings will aid in mitigating this vibration, and the vibration, if any, should be localized to a small area immediately surrounding the pumping equipment. If, in the unlikely event, nuisance vibration is detected at any point along the property boundary, additional measures shall be taken to control the vibration. Staff agrees that there will be limited vibration that will most likely not be detected at the boundaries of the property. (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. Response The equipment upgrades and changes to the facility will add no emissions of smoke and particulate matter. The facility will continue to comply with Federal, State, and County air quality 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 Encana /Benzel Evaporation Pit BOCC — 9/07/04 Page 13 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. Response It does not appear that the proposed changes to the facility will affect the current characteristics of the facility with regard to emission of heat, glare, radiation and fumes. (5) Storage area, salvage yard, sanitary landfall and mineral waste disposal areas: (A) Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state and local fire codes and written recommendations / comments from the appropriate local protection district regarding compliance with the appropriate codes; (B) At the discretion of the County Commissioners, all outdoor storage facilities may be required to be enclosed by fence, landscaping or wall adequate to conceal such facilities from adjacent property; (C) No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces; (D) Storage ofHeavy Equipment will only be allowed subject to (4) and (C) above and the following standards: 1. The minimum lot size is five (5) acres and is not a platted subdivision. 2. The equipment storage area is not placed any closer than 300 ft. from any existing residential dwelling. 3. All equipment storage will be enclosed in an area with screening at least eight (8) feet in height and obscured from view at the same elevation or lower. Screening may include berming, landscaping, sight obscuring fencing or a combination of any of these methods 4. Any repair and maintenance activity requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of 8 a.m. to 6 p.m., Mon. -Fri. 5. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. (E) Any storage area for uses not associated with natural resources, shall not exceed ten (10) acres in size. Encana /Benzel Evaporation Pit BOCC — 9/07/04 Page 14 (F) Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. Response The size of the entire existing facility is approximately 8.5 acres. The Applicant states that there will be no storage of flammable or explosive solids or gases on the property. No increase in the size of the property is associated with the proposed changes. No heavy equipment will be stored on site. Any additional lighting installed at the facility will be installed so that it is pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. (6) 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 facilities 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 facilities may begin. Response The Applicant states that the facility is designed to protect groundwater and surface water resources. All storage areas will be constructed with impermeable materials and there are no anticipated potential water pollution hazards associated with this facility. If potential hazards are discovered, safeguards designed to comply with the regulations of the Environmental Protection Agency will be installed. The Applicant states that the facility will not generate any adverse impact on water through depletion, pollution of surface runoff, stream flow or surface water. No sewage will be generated, no water supplies will be used and there will be no disposal of water. All water brought to the facility will be contained in above ground storage tanks which will be contained within adequate secondary containment structures constructed from impermeable materials. Original Proposal The original application included a description of the water quality being brought to the site from the wells which contained Sodium, Calcium, Iron, Chloride, Sulfates, Carbonate, and bicarbonate so that the Total Dissolved Solids (TDS) count was 16,889. There was no explanation of the technical process it will undergo for treatment or what will happen to residual by-products or "hydrocarbons" that are removed from the water in the treatment process. The only information gleaned from the application states that all produced and treated water that is brought to the site will be contained in either the pit (which is lined with a 40 mil thick Iiner which exceeds the OGCC minimum of 12 mil) or one of the 400 or barrel steel tanks that are located within bermed areas adjacent to the pit. In the original approvals (condition #6), the Board required the Applicant to conduct an annual review of the water chemistry contained in the evaporation pit at such time when free standing water is within the pit. This analysis was to be submitted to the Building and Planning Department on the first day of July for every year the pit is in operation. The cost of this analysis shall be born entirely Encana /Benzel Evaporation Pit BOCC — 9/07/04 Page 15 by the Applicant. if this water is determined, through this analysis, to be hazardous or toxic based on applicable standards, the Applicant or owner / operator of the facility shall be required to submit an additional SUP to specifically address / mitigate any detected potential hazards. Upon review of the old application file, it appears the Applicant complied with this requirement up to 1997. Since that time, no documentation has been submitted to this office containing the necessary water quality analysis. Oil and Gas Conservation Commission (OGCC) Rules For background, the following provisions are rules and regulations required by the OGCC which basically point out that 1) the site is not in a sensitive area, 2) produced water is defined as exploration and production waste, and 3) whose disposal is governed by the OGCC and not the Colorado Department of Public Health and Environment (CDPHE). EXPLORATION AND PRODUCTION WASTE (E&P WASTE) shall mean those wastes associated with operations to locate or remove oil or gas from the ground or to remove impurities from such substances, and which are uniquely associated with and intrinsic to oil and gas exploration, development or production operations of which are exempt from regulation under Subtitle C of the Resource Conservation and Recovery Act (RCRA), 42 USC Sections 6921, et. seq. For a waste to be considered an E&P waste, it shall be associated with operations to locate or remove oil or gas from the ground or to remove impurities from such substances and it shall be intrinsic to and uniquely associated with oil and gas exploration, development or production. For natural gas, primary field operations include those production -related activities at or near the wellhead and at the gas plant (regardless of whether or not the gas plant is at or near the wellhead), but prior to transport of the natural gas from the. gas plant to market. In addition, uniquely associated wastes derived from the production stream along the gas plant feeder pipelines are considered E&P wastes, even if a change of custody in the natural gas has occurred between the wellhead and the gas plant. In addition, wastes uniquely associated with the operations to recover natural gas from underground storage fields are considered to be E&P waste. SENSITIVE AREA is an area vulnerable to potential significant adverse ground water impacts, due to factors such as the presence of shallow economically usable ground water or pathways for communication with deeper economically usable ground water; proximity to surface water, including lakes, rivers, perennial or intermittent streams, creeks, irrigation canals, and wetlands. The procedure for identifying Sensitive Areas is set forth in the Sensitive Area Identification Decision Tree and Guidance Document, 704. CENTRALIZED E&P WASTE MANAGEMENT FACILITIES An operator which makes application for an off-site, centralized E&P waste management facility shall, upon approval and prior to commencing construction, provide to the Commission financial assurance in the amount of fifty thousand dollars ($50, 000) to ensure the proper reclamation, closure and abandonment ofsuch facility. This section does not apply to underground injection wells and multi -well pits covered under Rules 706 and 707. Encana /Benzel Evaporation Pit BOCC --- 9/07/04 Page 16 901. INTRODUCTION a. General. The rules and regulations ofthis series establish the permitting, construction, operating and closure requirements for pits, methods of E&P waste management, procedures for spill/release response and reporting, and sampling and analysis for remediation activities. The 900 Series rules are applicable only to E&P waste, as defined in §34-60-103(4.5), C.R.S., or other solid waste where the Colorado Department of Public Health And Environment ("CDPHE') has allowed remediation and oversight by the Commission. CRS §34-60-103(4.5) "Exploration and production waste" means those wastes that are generated during the drilling of and production from oil and gas wells or during primary field operations and that are exempt from regulation as hazardous wastes under subtitle c of the federal "Resource Conservation and Recovery Act of 1976", 42 U.S.C. sec. 6901 to 6934, as amended. 907(c) Produced Water (1) Treatment of produced water. Produced water shall be treated prior to placement in a production pit to prevent crude oil and condensate from entering the pit. (2) Produced water disposal. Produced water may be disposed as follows: A. Injection into a Class II well, permitted in accordance with Rule 325.; B. Evaporation/percolation in a properly permitted lined or unlined pit; C. Disposal at permitted commercial facilities; or D. Disposal by roadspreading on lease roads outside sensitive areas for produced waters with less than 5,000 mg/I TDS when authorized by the surface owner. Roadspreading shall not result in pooling or runoff ofproduced waters and the adjacent soils shall meet the allowable concentrations in Table 910-1. Water Quality Monitoring for the Proposal In order to properly monitor the water in the pit, it appears two methods are possible including 1) annual sampling of water in the pit or 2) have the Applicant install a ground water monitoring well providing annual reports to the County. In discussions with the Applicant, it appears a ground water monitoring well was installed at the property for this purpose although this was not mentioned in the application. Resource Engineering indicated (Exhibit H) that the monitoring well (if it exists) should be sampled to identify any impact due to the water in the pit. Sampling the pit water would be for purposes of characterizing the water in the pit versus the quality in the monitoring well. It is our understanding that the Oil and Gas Commission regulates water in the pit. The project site is within the City of Rifle Watershed Protection District for the potable water supply. Based on discussion with the City of Rifle Public Works Department, the project should obtain a Watershed Permit from the City. In accordance with Section 5.03.08, this permit should be included as a condition in any approval of the County Special Use Permit. Encana / Benzel Evaporation Pit BOCC — 9/07/04 Page 17 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. IV. 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. 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, 5:03:07, 5:03.08 and 9:03) the Garfield County Zoning Resolution of 1978, as amended. V. STAFF RECOMMENDATION Staff recommends that the Board approve the Special Use Permit for "Storage and Material Handling of Natural Resources" for Encana Oil & Gas, USA 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. Encana /Benzel Evaporation Pit BOCC -- 9/07/04 Page 18 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. That the Applicant shall comply with the fire protection provisions included in the rules and regulations of the Colorado Oil and Gas Conservation Commission (COGCC) and the National Fire Code as the Code pertains to the operation of this facility. 4. The construction of the new structures at the facility shall be constructed in a manner to mitigate any existing problems which may occur due to the possibility of shrink -swell characteristics in the soils at the property. The issuance of the SUP shall be subject to an annual review of the water chemistry contained in the evaporation pit at such time when free standing water is within the pit and water samples collected fro the ground water monitoring well. These analyses shall be submitted to the Building and Planning Department on the first day of July for every year the pit is in operation. The cost of this analysis shall be born entirely by the Applicant. If this water is determined, through these analyses, to be hazardous or toxic based on applicable standards, the Applicant or owner / operator of the facility shall be required to submit an additional SUP to specifically address / mitigate any detected potential hazards. 6. The County reserves the right to retain outside expertise, at the expense of the Applicant / operator of the facility, in order to conduct tests or analyses of the physical nature, water chemistry or groundwater properties on or away from the site. 7. That the Applicant shall submit proof that a site reclamation security of $50,000.00, as required by the COGCC to ensure proper reclamation / rehabilitation of the site has been accepted by the COGCC. 8. That this facility is for the sole use of the Applicant. If any other entities are to be added as users, then they would be subject to an additional SUP as well as rules and regulations as administered by the COGCC. 9. The Applicant shall submit a landscaping plan that provides a natural visual buffer effectively shielding the operation from the people traveling CR 319 using a combination of bushes and trees such that the facility will be at least partially shielded year round. No Special Use Permit shall be issued until such plan has been implemented. 10. That all out-of-state vehicles and equipment associated with the operation of the facility be properly licensed within Garfield County. 11. The Applicant shall submit a fire emergency plan with the City of Rifle Fire Protection District that is consistent with the requirements of the COGCC. Encana / Benzel Evaporation Pit BOCC — 9/07/04 Page 19 12. The Applicant shall complete the following requirements in order to mitigate adverse affects of this operation on wildlife: a. The Applicant shall construct a wildlife ramp the pond that will allow animals to escape should they become trapped in the vaporation pit. Specific design details may be obtained from DWM Brett Ack an for details on how to construct such an escape structure. No Special Use Pe it shall be issued until such structure has been installed. b. The Applicant shall retain e pond netting already existing on the facility, rather than removing it as prop • :ed in the application which would help prevent migratory birds from resting an. or foraging on the ponds particularly during the winter months. c. The Applicant s ' all report any deaths of migratory birds or other wildlife attributable to this facility o the Colorado Divisfpn of Wildlife and the United States Fish and Wildlife Se ice. 13. That the Applicant shall obtain a Watershed District permit from the City of Rifle. This permit shall be approved and submitted to the Building and Planning Department prior to issuance of a Special Use Permit. 14. Prior to the issuance of a Special Use Permit, the Applicant shall submit the following items to the Count Vegetation Manager for approval: A. The Applicant shall map and inventory the property for the County Listed Noxious Weeds. B. The Applicant shall provide a Weed Management Plan for the inventoried noxious weeds. Weed management should occur prior to soil disturbance. C. The Applicant shall augment the site reclamation plan by providing a plant material list and planting schedule for the reclamation. D. The Applicant shall provide a Mosquito Management Plan that will address how they intend to monitor and manage this site for mosquitoes. 15. The Applicant shall install a stop sign at the entrance / exit to the property and the driveway and shall apply sufficient amount of gravel to the site so that mud is not tracked onto CR 319. These improvements shall be completed to the satisfaction of the County Road and Bridge Department prior to the issuance of a SUP. iv 61! IY a:4AAN o 14. Fred Jarman From: Doug Dennison Sent: Tuesday, July 13, 2004 1:00 PM To: Fred Jarman Subject: SUP Application - Upgrade of Benzel Evaporation Facility I have reviewed the subject application for Special Use Permit (SUP) submitted by EnCana Oil & Gas (USA), Inc. and have no comments. Doug Dennison Garfield County Oil & Gas Auditor mailto:ddennison@garfield-caunty.com (970) 625-5691 cell (970) 309-5441 fax (970) 625-0908 7/15/2004 GARFIELD COUNTY Building & Planning Department Review Agency Form Date Sent: June 24, 2004 Comments Due: July 15, 2004 Name of application: Encana Oil & Gas USA Inc. Special Use Permit Sent to: Garfield County Road and Bridge Dept. EXHIBIT G 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 Staff contact: Fred Jarman 109 8t'' Street, Suite 30I Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Garfield Count Road and Brid a De artment has no ob-ections to this Special Use Permit for the upgrade of the existing system, as Encana has been the major contributor in the maintenance of Cr. 319. if there is increased truck traffic from the upgrade of this facility we have no reason to doubt that Encana will increase their level of participation in the maintenance of Cr. 319. There will be a stop sign installed at the entrance to Cr. 319. The stop sign, post and installation will be as required by the MUTCD (Manual on Uniform Traffic Control Devices). The existing truck warning sign south of the entrance to the facility on the north bound lane will be enough warning of the truck activity. The existing entrance will handle the traffic entering and leaving the facility. The new upgrade will be graveled so that no mud from the facility can be drug onto Cr. 319. Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall Date July 7, 2004_ Revised 3/30/00 ■■■■■ RE S D U R ..... ..... ■■■■■ E N G I N E E R I N G INC. RECEIVED Fred Jarman SEP0 1 2004 Garfield County Building & Planning Department 108 8th St, Suite 201 a_ � FIELD COUNTY Glenwood Springs CO 81601 ;1l tlLOlf4u PLANNING RE: Encana Benzel Facility Upgrade — Special Use Permit Review Dear Fred: September 1, 2004 At the request of Garfield County, Resource Engineering, Inc. (RESOURCE) has reviewed the Special Use Permit Application from Encana OII & Gas (USA), Inc. for proposed upgrades to the Benzel evaporation facility located near the Garfield County Airport. The submittal included the application and an unbound attachment entitled Special Use Permit Application Supplemental Materials. Our comments are outlined below. SUMMARY The proposed Special Use Permit Application appears to meet the technical criteria for the Special Use requirements in Section 5.03, the specific requirements in Section 5.03.07, and the standards in Section 5.03.08 of the Garfield County Zoning Regulations. The requirements of each section are more specifically discussed below. The existing Special Use Permit requires water quality sampling and reporting which has not occurred. This issue should be settled as part of any approval of the new application. SPECIAL USE GENERAL REQUIREMENTS The general requirements for any special use include providing adequate water and wastewater service and adequate road improvements and/or access for the proposed use. The existing and proposed special use does not require potable water or wastewater services. The existing facility is accessed from County Road 319. The application indicates that the characteristics of the traffic to and from the site will remain the same as current conditions, There was no analysis of the existing impact on County Roads or the adequacy of the existing access on County Road 319. Field observations indicate that the access is adequate in terms of width, grade, and site distance. County Road 319 is a gravel road at the project site and had several washboard areas between the end of the pavement (at Grass Mesa Road) and the site. GARCO Road and Bridge should be contacted regarding impact to County Roads. INDUSTRIAL OPERATIONS REQUIREMENTS Section 5.03.07 of the County Zoning Regulations outlines additional specific criteria for Industrial operations. These criteria require that the applicant prepare and submit an impact statement of the proposed use. The application references the Snyder Oil Company Special Use Permit Application and affirmatively states that there will be no Consulting Engineers and Hydrologists 909 Colorado Avenue • Glenwood Springs, CO 81801 ■ [970] 945-8777 • Fax [970] 945-1137 Fred Jarman Page 2 September 1, 2004 impact or no additional impact for the items to be addressed in Section 5.03.07. Assuming that the existing special use conforms with the existing Special Use Permit, the application material indicates general conformance with the requirements of Section 5.03.07 and indicates that the project will comply with the industrial performance standards in Section 5.03.08. The existing Special Use Permit approved in Resolution 96-21, requires annual review of the water chemistry of the water contained within the evaporation pit. These analyses are required to be submitted to the Garfield County Planning Dept. July lst of every year for the duration of the operation. The purpose of this analysis was to determine whether hazardous or toxic chemicals were present in the evaporation pit water. If the water was deemed to be hazardous or toxic based on applicable standards, then the applicant would be required to submit an additional Special Use Permit application to address and mitigate the potential hazard. To date, the Planning Department has received only one of the required annual analyses. We understand that a monitoring well was constructed on the property. The monitoring well should be sampled to identify any impact due to the water in the pit. Sampling the pit water would be for purposes of characterizing the water versus the quality in the monitoring well. It is our understanding that the Oil and Gas Commission regulates water in the pit. The project site is within the City of Rifle Watershed Protection District for the potable water supply. Based on discussion with the City of Rifle Public Works Department, the project should obtain a Watershed Permit from the City. In accordance with Section 5.03.08, this permit should be included as a condition in any approval of the County Special Use Permit. Please call if you have any questions or need additional information. Sincerely, RES©URCEEN ERING, INC. Michael J. 'rioh, P.E. Water Rg ource Engineer MJE/dlh 885-23.1 fj encana benzel fac sup 885 .....RESOURCE ■���� E N G N E E R I N G , N C STATE OF COLORADO Bill Owens, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Bruce McCloskey, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297-1192 Fred Jarman Garfield County Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 RE: Benzel Evaporation Facility Dear Mr. Jarman: RECEIVED JUL 2 2 2004 GARFIELD COUNTY BUILDING & PLANNING For Wildltfe- For People I have received the referral form for Encana's request for a special use permit to improve the Benzel Evaporation Facility. I have reviewed the application along with its respective attachments and references, and have evaluated the operation's anticipated effects on wildlife. This type of facility is, by nature, incompatible with continued wildlife access. Therefore, measures as outlined below should be considered in order to ensure that the facility does not create a hazard to surrounding wildlife. Water attracts wildlife, particularly in areas such as the proposed site where water is relatively scarce. Because of the circulation caused by the evaporation equipment, the pond will likely remain open during the colder months and one would expect waterfowl and small mammals to be attracted to it. We would suggest that an inspection of the fence should be completed, and if necessary improvements should be made. We would suggest the following specifications should be considered to help prevent wildlife from entering the facility and becoming trapped: Eight -foot -high perimeter big game fence and a two to three -foot -high mesh small game fence immediately surrounding the pond and buried six to eight inches in the ground. Impermeable pond liners make it difficult, if not impossible, for any animals that enter the pond to escape. Escape ramps are essential in facilitating the escape of any wildlife species that manage to reach the water. If one does not currently exist, a simple structure could be constructed in the pond that would allow animals to escape should they become trapped. Contact DWM Brett Ackerman for details on how to construct such an escape structure. The pond should be monitored for oil, and if oil reaches the ponds measures should be taken to immediately remove it. Furthermore, the brackish nature of water commonly associated with oil and gas operations can be detrimental and fatal to waterfowl and other migratory birds. Because of the above information we would suggest that retaining the pond netting already existing on the facility, rather than removing it as proposed in the application, would help prevent migratory birds from resting and/or foraging on the ponds, particularly during the winter months. The applicant should be advised that the death of any migratory bird caused by the proposed facility is a violation of state and federal law. Any deaths of migratory birds or other wildlife attributable to this facility must be immediately reported to the Colorado Division of Wildlife and the United States Fish and Wildlife Service. DEPARTMENT OF NATURAL RESOURCES, Russell George, Executive Director WILDLIFE COMMISSION, Philip James, Chair • Jeffrey Crawford, Vice -Chair • Brad Phelps, Secretary Members, Bernard Black • Tom Burke • Rick Enstrom • Claire O'Neal • Robert Shoemaker • Ken Torres Ex Officio Members, Russell George and Don Ament EXHIBIT MEMORANDUM To: Fred Jarman From: Steve Anthony Re: Comments on the Encana Facility Upgrade CR 349/CR319 Date: September 1, 2004 Thanks for the opportunity to comment on this project. My comments are as follows: 1. Noxious Weeds A. Inventory and mapping -The applicant needs to map and inventory the property for the County Listed Noxious Weeds. 13. Weed Management -The applicant shall provide a weed management plan for the inventoried noxious weeds. Weed management should occur prior to soil disturbance. 2. Revegetation The Site rehabilitation Plan doesn't go into detail about future reseeding. It is requested that the applicant provide A. Plant material list B. Planting schedule C. Revegetation Security After a review of the COGCC's Rules and Regulations, and after consultation with Planning Staff, it is recommended that the applicant provide a security in the amount of $50,000 to the COGCC based upon COGCC's Rules and Regulations Financial Assurance and Environmental Response Fund Section 704 which states: An operator which makes application for an offsite, centralized E&P waste management facility shall, upon approval and prior to commencing construction, provide to the Commission financial assurance in the amount of fifty thousand dollars (S50,000) to ensure the proper reclamation, closure and abandonment of such facility. This section does not apply to underground injection wells and multi -well pits covered under Rules 706. and 707. 3. Mosquito Management This project has the potential to create additional mosquito habitat in the County. Staff requests that the applicant shall provide a Mosquito Management Plan that will address how they intend to monitor and manage this site for mosquitoes. Please feel free to contact me at 625-8601. COGCC Fax:303-894-2109 Sep 1 2004 11:11 P.01 RECEIVED COLORADO OIL & GAS CONSERVATION COMMISSION SEP 0 1 2004 1120 Lincoln Street, Suite 801 Denver, Colorado 80203 ;' RFIEI..D COUNTY Plane: 30349441.00 x112 BUILDING & PLANNING Fax: 303-894-2109 EXHIBIT K DATE: TO: FAX: FROM: PAGES RE: FACSIMILE TRANSMISSION 8/18/04 Fred Jarman GARCO Planning 970-384-3470 Bob Chesson 3 including this cover sheet Former Snyder OIL Corp Evap Facility► MESSAGE: I Attached please find: 1. Sundry Notice — approved 1995 2. Form 28 (Filled out in 200 for SNOCO Evap Facility # 149004) Bob Chesson Environmental Protection Specialist COGCC CDGCC 25 Fax StaT2 of Colorado Oil and Gas Conservation Commission Sep 1 2004 11:11 P.02 1120 Lincoln Street. Suite 801, Omer. Colorado 84203 13031894-2100 Fax: 17031 394-2103 L CENTRALIZED E&P WASTE MANAGEMENT FACILITY PERMIT Submit trtis Forth aild accompanying documents for each fac:tity per Rule 908. Financial Assurance in the amount Of S50.000 is required to aperare each facility/ 1,r Surety E0; COCC Operator Number warr.e cr Operator. 1ccress C.ry_ Stare. L:Q: Sur'ace Cwner tit dirterent 'h3r. aCQV4 . Accre5$: Contact Nam nd i afep11one: f1.4i af Y .:ampft e C ;Fie f ?If3Ca(T}CfTt NQCifiiSt NC: F31t: •-• Stara Z,D: =3c:Iity Name. Pncre' Lscation (C1rGir, Sec, Two. Rrtg.mer)t • Jk1 Stare: Z`a: lambda: orf: =ax; Langituno. Fier ;C c 13�SA :eselorCrl nee ;ecc.'vclr AclarAM .11,d use -a W'e;. T�VNeOn{ mea Sile oaNae yam ren ifr-M;r14 F F.civ pppcn S anq,eegr✓:q ;Oomr t 71ln WSW arlifvelf recur l'nen Rai uWrrnae Caswe DWI WcalIan INeitilc='1 ow= Laos qpv ;:emu via nQnC3 1. is the site In a sensitive area> L! Y 2. What are the average annus+ aretaitatan arta evacaraiian rates itr :ne „te PreQQltaban; In¢+eSrvear Evaccrrcen: :reaesyear 13. has a aescnoddn cif the sire's general taoograony, gearogy ana nvaraiagy been arfac ea? N • rias a cesanorion ar me acracent lana use Been monad, ❑v ❑ N I 5. Hasa 7:24.000 t000grannit:vao snowing !he- site 1 been atWGred' r, V has i Sire clan snowing crarnage aatrems. clversron tar Wnrainmenr srmaures, macs. .enrng,,anns..ns aunoongs arc an caner zanier: =MT -1=0n derail$ been aaacferd? N I If sot is not 4wnea ay 7tr2 worm'', a written at tarnzaean at me sucrate I d. Has a scares ar ewmg ana survey snowlre Se enure seC.'en; a °wirer astacned? 1 I Y ' I N. me orneasea tarwirtv veen asac,ec A ' _ 9. What measures have teen IFrEancee i eea to unfit atzmSa m ma raatrty ty wkette, aarnesac samara at by m€mF7ers 0Y ate cr= OCICC FARM 1 Ar. v611 CDGCC Pax::303-894--2109 STATE OF COLORADO OlL ANO GAS CONSERVATION COMMISSION DEPARTMENT OF NATURAL RESOURCES SUAMIT OR!CINAt. ANO 1 1.01'N - Sep 1 2004 11:11 SUNDRY NOTICES AND REPORTS ON WELLS (De hQI use this farm for proposal. 16 enll or t0 /RNA 61 PII/E b.icL 10 a Q.flercri rescr.n.r Lilt "APPLICATION FOR PERMIT._" for yuc,h proposals,) EX Mint Evaporation Pit OIL GAS CO4L1E0. 11+1ECTION © WELL ❑ WELL ❑ VIE T1. ASE o'ELL P. 03 roe nrfmr �;� (r :d K sr a 1EV(r,t ...-1)0 )1..11 1.14U �'1r N/A a PL,NOT 'O �Aw QF •oE .1161 SNYDER OIL CORPORATION AOAR(SSOf OPERATOR 1625 Broadway, Suite 2200 CITY STA FE ZIP CON Denver CO 80202 ..‘.0(0.40v OF WELI IRsaan Ieca.w• 0ur1V dna .A rac.<taro -au 4.4 loan ..�w....d�1 SAA TA1N 11 M.1..- V ...l.e. SW/4NE/4, Sec. 26. T6S—R93W, 6th F.H. A.11/0 P0..1 P..a lewd AO] 4.:E/ 11 .Ell %Au( T WELL Misr OEM - coul.YY Garfield F0 FIELD DR wILOGA r 11 OTA. QTR S1:C. 7.0. AND l4 R�D1i — SW/4NE/4, Sec. 26, T6S-R93W, 6th P.M. 13A. NOTICE QF INTENTION TO: O PLUG AVID ARA\OO`. O HGLTFPLL COMPLETION D COlaa11NG1-£ gowns o fig.wc Rt TREAT D 1ERAI1 WELL O 01140 Cheek App.-, rill( Bot 16 1n41eile N.twe Of Notice, Repot Ore Notification (3B. SUBSEQUENT REPORT OF! 4 MAL PLUG AND AUANDOT:MEIT 1W11417 1A0 PARTY CEM(.11 rri1PElc4T10'1 A110 f0/ LOGI O • LAT0WINE0 1.0CAT1ON twa1t REVRR DRILLED• SITE Mt.31 /t R(ST0RE0 *TTNIa 4 MOCTNSI O REPAIRED WELL O OTHER •w Fever J - •%a r.+y4..... or Roos,.pa,..- *. ....d LAE JP imel•Wn+r..P-1 A/ Mwrya.rl' ....ytar/Ce•.vL•.w.r K RtonaWe•a+. 13C. NOTIFICATION OF; 0 SiTtrf.IS TEMPORARtLT A.ASOON ED (OAT( 1 :RatQUIREDE'.(RY 6 ai01ENS+ O POIlCT1ON RESu!4(DATt O LOCATION' CNAAGEISO Ulf sEWPL4t, O wEll NAME CHANGE /MOTHER Lind Evaporation fit in Non -Sensitive Area 1e. DESCRIBE PROPOSED OR COMPLETED OPERATIONS Oti THIS FORM (Clearly stale all pertinent i cath, and give pertinent dales. including estimated date of starting any proposed work. If wall is dirraionaliy drifled, ere tutsurfacc loealtOnr and Mc/WO and Ina seri teal depths for all markets and 000(1 pct's:riO01 Is. DATE OF wORX Upon approval of. S01 's Garfield County Special Use Permit Application, SOCO plans to construct a lined produced water evaporation pit in accordance with COGCC Rules 904.4.2 and 902. Attached you will find SOCO's Sensitive Area Decision Tree Information, a Process Description Narrative and our Garfield County Special Use Permit Application. SOCO concludes that this area is Non -Sensitive. 16. i hero). eerli SIGNED foregOln N41-4E(YRINT) Mark J. LTio'ury TEL EP 303/592-8500 TITLE Senior Landman pATE _,.._ 10/26/95 ._;,,,,•�� (This space for Federal or State office we? TITLE • apai_t OATS ,r9 EXH11:311 33� i ii -;if -!47.I E'-:faa ci4/:7/1f+ 11:25A IT; 1 01 4 411 11E11- 1 ;r :.t )ft! riAMl- I I:1 Il c +x'h9' r•i.F3fr; AND kf.C.U'' kl)lil( til `1i(11 11)IIMAM) I 1ss t .111111•..•'(maid, 1 1 itF( 110)1' NOT O. 110 1i a requ 1 ai electing of the Board of Clwu14 Cominrsmoners for Garfield r 411411:,dn held in 1b: ( nurnaswnncr Meetint Room Garfield County Courthouse. in Glenwood Springs nn Monday ilk' 1 5t0 day of Apr 11 A I) 19 96 . lherc were paescnl -1.,r: u. I. ..161ia1. : rro l.i !.1;te 1.•t• t !MR.!' 1llu• k.14 1 4r(rwev '0014 iH-I•'ur.i :11 1.11 rel A t xe;rn 1 k . Commissioner Chairman . Commissioner • Commissioner • ('ounty Attorney • Clerk oldie Board . County Administrator nhrn the 1'111nunt pt urccdianyt,.:unung others were had and done. 111-4111 RES( 31.1 'TION NO 96-21 RI: SI 31.1 "11U\ tY)N('hRNI:I) Wffli THE APPROVAL 01• A SPE('IAI. INF. PERMIT •11'1'1 11 n 1 1 1.1111 4 NV1)1:ft ()11 ('I,RP()RATICTN WII1:RI AS the Board ' of Como. Commissioners of Garfield ('aunty. Colorado. has received application loam Snyder Oil Corporation for allowing the rortsuuclion and operation nfa produced water q... Mem 0:..11 1l c 411141((,1111 described Dad ref land 1.1tcated tet a minion of land in Section 26,'f6S_ 1101W of the :eh 1' M off of CM .711) 1411 the '-tate of ( ornrath1 and the ('aunty of Garfield), and ). I IPRI- 1S the Itnard held a public hearing un the (,th day of Novenlhel. 1 99 iipon (he question . rl .tls.i11e111u+:dnr4r-111 rdled Special 1 !se Permit should be gra.Iec.I or denied. al which hearing the public and IMO estcrl yelsoas were given the uppununily (11 express their (t1N11ions regarding the iaxiuiulce of said Special 1 se Permit enol 1•JIl:REAS the lio:ud tn; 11x hasis (11' substantial t-nroprlt•ni evichmee produced al (11e iIIorememem xf knottyhas made the hollowing determination of fact 1 hat pifx•1 pohlicalion and puhfic notice was provided as ittluirefi by law for the hearing In41ne the 11(11114 of( -minty Cnnuntisinncis 111:11 the hutting before the Board of Comity Commissioners was extensive and comped)), Ihii1 ill penineol filets matters and issues were submitted and than all interested parties were (ward at that ficslling. 111.11 the applienli.nt 15 ire elnupliancc wvith 1 h (iarliichi (•011111V 104111111 Resolution of 1978. 1.1‘. amended ) 1-1 r the above stated and other reawlns. the proposetl INC is in he hell inleresf (wow hr:aiIn. safety murals. convenience. order. prospsiily and welfare of tlrc citizens of (iarlield ('ouury 491640 33 -974 t'- i34 04J l 7/96 1 L : 25A PG 2 Of 4 NOW. TIER FORF-:- 13E IT Ri:SCA EI) h4• the Board of County Commissioners of Gartield Comity. Coloreds). that the Special (ise permit be and hereby is authorized permitting the use of the above described titer Miami d tar a produced water evaporation pit. upon the following specific conditions That aft reptescntatxrns of the appiscant, either within the application or stated at the hearing before the Board of County Commissioners. shall he considered conditions ofapprovat. -that she operation of the facility he done in accordance with any federal. state or local regulations governing the operation of this type of facility That the opciation of this facility be in accordance with the provisions allowed within the Surface Lease Agreement siVned by the applicant (Lessee) and the land owner (l..essot The applicant comply with the provisions of the National Fire ('ode as the Code pertains to the operatton of this type offacitity 'Mt, construction ot'the facility, speciticatly the evaporation pit. be done in a manner to mitigate any prohlems which may occur due to the possible shrinking or swelling of the soils un -site f'hc issuance of this Special t Ise Permit is subject to an annual review of the water chemistry of the water contained within the evaporation pit, at such time when free-standing water is within the pit This analysis will he presettrgd to the Planning Department on the first day of July. I'1 e. and every July 1 thereafter, for the duration of the operation The analysis of this water will be at the sole cost of the applicant/owner If this water is determined, through this analysts. to be hazardous ur toxic, basest on applicable standards, then the applieantloperator rs required to submit an additional Special Use Permit application, with appropriate fees, to asirlrc!:; anti mitigate the potential hazard(s) The County reserves the right to retain ruutde expertise, at the expense of the applicant/operator of the facility, in an effor to conduct tests or analyses of the physical nature, water chemistry or groundwater properties on and away from the site. 1 a -� A sufficient monetary security, determined by the Board of County C'ott.:+rissiuners, to ensure rehabilitation of the site once operation has ceased, shaft be provided to the County by the applicant q That the proposed lease parcel is subdivided from the parent parcel either by the appropriate action of the Board of ('ounty Commissioners or the recording of a deed of at least 35 acres of land surrounding the teased arca, in the rime of the applicant. 10 This facility is for the sole use of the applicant. If any other entities are to be added as users then these entities would be subject to an additional Special Use Permit review. I I J he applicant/operator will consult with appropriate authorities as to the planting and care of suitable landscaping plants 2 I I ensing of all out-of-state vehicles and equipment to be used on this project within the ounty of Uarlietd, State of Colorado 1 1 lin emergency plan will be filed with the ( aunty and the appropriate fire district. 1 4 Location of the aeration system pump and motor will be done in a manner to shield surrounding landowners from noise produced by these mechanical components Dated this _1 L,_ day or like ,_J A.l) A-I�fI�;S't (iARFHhl,[) Cul l.ti•t " R()ARI) or ('0MM1SSlONtiRS, CiA1cFlE1J) ('OUNT' C()tt)RAC)() Clerk of the Boa,,.? hairman I '!on motion doh• made and seconded the foregoing Resolnii on was adopted by the following vote. Mnrlan r, :units ... Aye 5rrnld 5.,. Mack}ev- _ _ .... -... _..... _ ._.., Ayc iClIH r (Rue key) Arh. i.t.} ... _.. .. _. , Aye 49164(i it -974 1'-335 04/17/R6 11:25A 1G 3 OF 4 S A1F.Ot(()t.(1RA{)O 1 ]ss t ninny of Ii;irlivid . _ County Clerk and ex -officio Clerk ot'the Board of County Commissioners in and fi.r the County and State aforesaid de hereby certify that the annexed and foregoing Resolution is fruit. copied from the Records of the Proceeding afthe Board o(•County Commissioners for said Om i1 ! I ('otmty. now in my uttict IN W?•FNF?SS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of _--- A.D. ('tut,tle t'lurk and ex -officio Clerk of the Hoard ot'County Commis. loners 491640 B-974 P-336 04/77/96 II:25A }'G 4 OF 4 ToSlas ip_b_ South. Range 93 Wear 6th 4.N. Section 26: SW/4NE:/4 and that portion of the SE/4NE/4 which contains the tract beginning at a point in the NE/4 of Section 26 which bears S. 44°53'54" W. 1641.48 feet from the Northeast Corner of said Section 26; thence S. 00°32'00" W. 700-00 feet; thence N. B9°28'00" W. 530.00 feet; thence N. 00°32,00" E. 700.00 feet; thence S. 09°28'00" E. 530,00 feet to the point of beginning. Basis of beatings is the East line of the NE/4 of said Section 26, which is assumed from G.L.O. information to bear North. Containing 40.5 acren more or lee Vernal District Laboratory API Water Analysis Report Report Number: #99E EXHIBIT (*) Initiated by: C, Appley Location:Rifle Date: 4/25/95 Please report all available information Client: Snyder Oil Company Field: Well Type:Gas Well Name: Schaeffer 18-5 Treatment Via: Rig: TVD: BHP: BHST: BHCT: Formation:Mesa Verde Formation Type: Height: Type Completion: Deviated YIN Degrees: Hole size: Type Water Sample (produced, supply, etc.) Produced (tubing) Dissolved Solids Cations mg/L me/L Other Properties Sodium, Na (calc) 5789 248.9 pH 880 Calcium, Ca 400 20 SG (gm/m1) 1.007 Magnesium 0 0 Temperature 66 F Barium 0.0 Resistivity 0.47 Anions Chloride, CI 7,500 210 Sulfate, SO4 5 .1 Carbonate, CO3 450 14.9 Bicarbonate, HCO3 2745 43.9 Total Dissolved Solids 16,889 Iron, Fe ( tot) 12.5 Sulfide as H2S Remarks and recommendations: None January 1995 Rev. 0 Water Analysis Vernal District Laboratory Vernal, Utah USA r Plan View of Proposed Changes to Existing Facility I) Add twa new NUIpnwol t.05 2) pdd 50"x 50'cdaponwn {'ad 3) Add I new cd Lank 4) E tent E 4 berm 5) W93 new*37-*4d tarts 6) Rhe aam+q off load tanks 7) Remove bed net 8) Re 4 * es�slYN) Spay-edaia swan Encana Benzel Water Evaporation Facility Upgrade Board of County Commissioners September 7, 2004 1:15 PM Plan Vie,' of Fxisling Facility Project Specifics e- Applicant: Encana Oil & Gas USA, Inc. F- History: SUP granted for facility in 1995 (then operated by Snyder Oil Company) ► Proposal: Upgrade Existing Water Evaporation Pit ► Zoning: ARRD project Location 1 Adjacent nt Zoning Profile of Plan LIN OP CHOMP HHO%ICN MAUI r r e 20 1W Tour of Existing Facility Tour of Existing Facility Tour of Existing Facility 2 Tour of Existing Facility "Dalbo Facility" adjacent and north of Property .ti .r_LI ,NAM i I �� 3 NOTICEi TAKE NOTICE That fp M tJ- Live 3Tode.L .1 has applied to the Sawa of Oo »i ly Co wsi►.`sr: orae f's Garfield, County 1 pursuant to 30Z.03, 5,03 5.o3. D+ ID3,Dd 061 0.5 of 46.. 20441, aes.41+ort 1F vt*Y, O ame4de.zi to allow: The a v Ns:bn • V.N811 y Ww�"�,� GV 1 Ind) reC OLA {ai:I.'1y•t•.4 1 0 Evieo4 o. Oits 6S on this property. A publicreo..ri h on this application will be heldin eo�� r ?/ g,,:I4` Y !a 5 Glenwood Springs, Colorado /I:yr I (# y at tires, (time) (date} Date Notice Was Posted By: For additional information, contact the at VI it/L. /#1.,rn� or . 109 8th St. Suite Lel , Glenwood Springs, CO 81601 REFERRAL FORM Garfield County Building and Planning Department 108 81Street, Suite 201, Glenwood Springs, CO 81601 (970) 945-8212/Fax: (970) 384-3470 Date Sent: June 24, 2004 Return Requested: July 15, 2004 File Name(s) Project Name(s) Type of Application(s) Encana Oil & Gas (USA) Inc. Same Special Use Permit Staff Planner: Fred Jarman (fredjarman@garfield-county.com) Phone: 945-8212 Applicant: Encana Oil & Gas (USA) Inc. Phone: 970-625-1645 Contact Person: Dion Plsek, Cordilleran Compliance Services, Inc. Phone: 970-263-7800 Location: east side of County Road 319, approx. 1.5 miles south of intersection of CR 349 & CR 319. Summary of Request: upgrade of the existing facility systems, including the addition of storage tanks, pumping & sprayer systems, equipment buildings, and a concrete pad. The Garfield County Planning Department has received a land use request as referenced above. Your comments are an important part of the evaluation process. In order to review all appropriate agency comments and incorporate them into the Staff Report, we request your response by Thursday, July 15, 2004. GARFIELID COUNTY, Cr?innl Thtrirt Road & Bridze City of Rifle County Attornev COLORADO STA'. Wafer Rocni,rrnc RT M Geoloeical Survey (Feel Health Devartment Forest Service (Fee) Wildlife Division SERVICE 1DISTRICT T 1 C WPct_ Public Service Holy Cross Electric G.S./Carbondale Fire District Silt/New Castle/Rifle Fire Distxjct Soil Conservation District Planning Commission BOCC Pleas, ad Application to the Following Refer agencies ApplicName: 1004-° t,. p, j-- E1(&-41),k,i Date Application Sent: Mt. Sopris Soil Conservation District Bookcliff Soil Conservation District Town of DeBeque )I‘ City of Rifle 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 County Planning Department Mesa County Planning Department Burning Mtn. Fire District Town of Silt Fire Department • Grand Valley Fire Protection District Carbondale Fire Protection District Glenwood Springs & Rural Fire RE -1 School District RE -2 School District School District 16 Carbondale Sanitation District Battlement Mesa Water & Sanitation Spring Valley Sanitation District West Glenwood Sanitation District Mid -Valley Metropolitan Sanitation District Roaring Fork Water and Sanitation District Holy Cross Electric (Roaring Fork, S. of Co. River west) Public Service Company (N of Co. River west) KN Energy (S. of Co. River, Roaring Fork ) Western Slope Gas Company US West Communications (G.S. & C'dale area) US West Communications (N.C., Silt, Rifle) US West Communications (Rifle, 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 Colorado 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 Colorado Area Office US Corps of Engineers Northwest Options of Long Term Care Roaring Fork Transportation Authority Garfield County Road & Bridge Garfield. County Vegetation (Steve Anthony) Garfield County Housing Authority Garfield County Engineer (Jeff Nelson) Garfield County Oil and Gas Auditor (Doug Dennison) Garfield County Sheriff Department Ca 4F7a ,leiy ref June 22, 2004 Dion Plsek Cordilleran Compliance Services, Inc. 826 21 '/x Road Grand Junction, CO 81505 BUILDING & PLANNING DEPARTMENT RE: Special Use Permit request for "Processing & Material Handling of Natural Resources" in the ARRD zone district (evaporation pit expansion / amendment) Dear Mr. Plsek, Thank you for the additional information this office received on June 21, 2004 regarding the proposed expansion of the water evaporation pit. I am writing this letter to inform you that the application has been deemed technically complete and has been scheduled to be heard by the Board of County Commissioners at their meeting on August 16, 2004 at 1:15 PM. I have included the public notice form which you are required to mail and publish according to the language below as well as the poster so that you may post this sign at the property according to the language below regarding posting notice. Please submit 16 copies of all the information you provided to Staff in your application so that we may provide them to the Board of County Commissioners for their review. (You may submit reduced copies of all large plans.) Staff will need to have these copies no later than July 16, 2004. Please review the public notice requirements below: (1) Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed use and nature of the hearing, 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 of such hearing, and proof of publication shall be presented at hearing by the applicant. (2) Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 mem ()1S Q111 in7n1 1oc 7n71 d 74'7/1 (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 Department. The posting must take place at least 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 if remains posted until and during the date of the hearing. The public hearing will be held at the Garfield County Plaza Building in the Commissioners Room on the first floor at 1:15 PM. The address is 108 8th Street, Glenwood Springs, Colorado 81601. If you have any questions, please do not hesitate to contact this office. Very truly yours, Fred A. Jarman, MCP, 5 970.945.8212 Enclosure(s) Public Notice / Poster 2 PUBLIC NOTICE TAKE NOTICE that Benzel Livestock, LLP (property owner) and Encana Oil & Gas (USA) Inc. (lessee) represented by Cordilleran Compliance Services, Inc. have applied to the Board of County Commissioners, Garfield County, State of Colorado, to request a special use perrnit, in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: (See Exhibit A attached hereto) Practical Description: The property is generally located off of County Road 319 approximately 1.5 miles south of the intersection of County roads 349 and 319 south of Rifle, CO. The Applicant proposes to expand an existing water evaporation / recycling facility which is a facility currently operated by Encana Oil & Gas. Specifically, the expansion includes upgrades to the existing facility systems including the addition of storage tanks, pumping and sprayer systems, equipment buildings and a concrete pad. A.11 persons affected by the proposed special use permit are invited to appear and state their views, protests or support. If you can not appear personally at such hearing, then you are urged to state your views by letter, as the Board of County Commissioners will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to grant or deny the request for the special use permit. The application may be reviewed at the office of the Planning Department located at 108 8th Street, Suite 201, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:30 a,m. and 5:00 p.m., Monday through Friday. A public hearing on the application has been scheduled for the 16th day of August, 2004, at 1;15 p.m., in the County Commissioners Meeting Room, Garfield County Plaza Building, 108 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County CORDILLERAN January 25, 2005 Mr. David Grisso EnCana Oil & Gas (USA) Inc. 792 Buckhorn Drive Rifle, Colorado 81650 Re: Sound Level Survey - Benzel Facility Garfield County, Colorado Dear Mr. Grisso: 826 21'/2 Road Grand Junction, CO 81505 T: 970.263.7800 F: 970.263.7456 Cordilleran Compliance Services, Inc. (Cordilleran), was contacted by EnCana Oil & Gas (USA) Inc. (EnCana) to provide sound level monitoring at the EnCanalBenzel Water Evaporation Facility located southeast of Rifle, Colorado. This report summarizes Cordilleran project activities and findings associated with the sound level monitoring at the site. 1.0 Background EnCana requested that Cordilleran conduct sound level monitoring at the Benzel Facility in response to concerns expressed during the September 7, 2004 Garfield County Board of Commissioners hearing regarding a Special Use Permit application for upgrades at the site. Specifically, the site is located in the Hunter Mesa area, approximately 1 mile south of County Road 322 and 1 mile east of County Road 319 in Garfield County, Colorado. 2.0 Field Activities Cordilleran arrived at the site on September 29, 2004 to monitor sound levels at the Benzel Facility. The facility and an adjacent industrial facility to the north of the subject site were in operation and there was activity at both sites and in the surrounding area for the duration of the site visit. The results of the sound level measurements and the respective locations are listed in Table 1 below. All measurements were recorded outside the facility boundary at a distance of approximately 25 feet, with the exception of measurement number 7. Measurement number 7 was recorded at the western end of the tank battery area, approximately 40 feet from the northwest comer of the water evaporation pond. The ambient sound conditions were also observed while moving around the site and the surrounding area. The ambient sound levels were noted to be in the 55-62 dBa range. Cordilleran Compliance Services, Inc. Grand Junction, CO • Denver, CO • Casper, WY • Laramie, WY• Lander, WY Environmental Consulting Engineers and Scientists Table 1 Sound Level Survey Results Measurement Number Monitoring Location Sound Level (dBA) 1. Southwest corner 63.8 2. Midpoint of southern boundary 63.4 3. Midpoint of western boundary 63.7 4. Southeast corner 69.9 5. Midpoint of eastern boundary 62.3 6. Northeast corner 61.6 7. West side of tank battery 68.6 8. Northwest corner 66.9 9. Midpoint of northern boundary 56.7 3.0 Sample and Analytical Methods A Quest Model 2900 sound meter was used to monitor sound levels at the locations indicated above. Prior to sound level measurement, a calibration check was performed and the instrument was found to be reading within 0.2% of the calibration standard. The instrument response was set to "slow" and the meter was held at each monitoring point for approximately one minute in order for the readings to fully stabilize. At this point, a sound level reading was recorded. The sound meter microphone was held facing towards the center of the facility for all sound level measurements. A slight breeze, of approximately 0-5 miles per hour, was present at the time of the survey. To alleviate possible effects of wind noise, a windscreen was placed over the instrument microphone for the duration of the survey activities. All individual sound level readings were determined by averaging measurements recorded during 15 -minute periods. The sound meter was held at a height of 4 feet above ground level during sound level measurements. 4.0 Summary and Conclusions Sound level measurements were collected near the EnCanaBenzel Water Evaporation Facility site. Table 1 summarizes the measurement results. The measurements indicate that sound levels outside the fence -line of the facility are consistently below 70 decibels. Cordilleran appreciates the opportunity to provide services to EnCana. Please do not hesitate to contact me at (970) 263-7800 should you have any questions or concerns regarding this information. Sincerely, Cor; iff n Compliance Services, Inc. Dions- , P.E. Associate Engineer .G 04270 CoRD11J.1 ] AN COMPLIANCI? Si.Rvicrs, INC GRAND UNCI'[ON, COLORADO 6 Wildlife has generally been prevented from entering the facility by wildlife -proof fencing to this point. This fencing will be supplemented, or replaced, as necessary by an eight - foot -high perimeter big -game fence and a two to three -foot -high mesh small game fence immediately surrounding the pond and buried six to eight inches in the ground. The oil -separation process used at the facility will prevent oil from reaching the evaporation pond water. The pond will be monitored for the presence of oil as a matter of typical operation and maintenance duties and to prevent wildlife from being harmed. If, in the unlikely event, oil reaches the pond water, measures will be taken to immediately remove it. Although the proposed modifications at the facility include removing the existing pond netting, a waterfowl deterrence . system can and will be installed at the facility if waterfowl usage of the pond does occur. This deterrent system consists of the placement of high -tensile wire at regular intervals across the pond. These wires act as a visual deterrent to birds attempting to land on the water, and as a noise deterrent, as the stretched wire creates an ultrasonic (inaudible to humans) sound. In accordance with state and federal regulations, the death of any migratory bird caused by activities or structures at the facility will be immediately reported to the Colorado Division of Wildlife and the United States Fish and Wildlife Service. All efforts will be made to prevent runoff from the facility of any stored liquid, including the water held in the evaporation pond. State and federal regulations, and best management practices with regard to storm water pollution prevention and spill prevention and control will be followed to preclude impacts to surface water, ground water, or soil. An existing leak detection device is in place beneath the impermeable pond liner to alert operation personnel of a breach in the liner. This device will be maintained throughout operation of the facility. Benzel Livestock Company 980 E. Saddlehorn Road Sedalia, AZ 86351 John Leacock EnCana Oil & Gas (USA) Inc. 792 Bockhorn Drive Rifle, CO 81560 June 8, 2004 RE: Modification of Evaporation Pit. Dear Mr. Leacock: I give EnCana 011 and Gas (USA) Inc. my permission to modify the existing Evaporation Pit located in Section 26, Township 6 South, Range 93 West 6th P.M. located in Garfield County, State of Colorado by removing the existing bird netting and replacing it with other means of water fowl protection that meet or exceed the Colorado Department of Wildlife regulations and recommendations. Sincerely, Benzel enzel Livestock. L.L.L.P AMENDMENT AND MODIFICATION TO SURFACE LEASE AGREEMENT This Amendment and Modification of Surface Lease Agreement Dated 4rd day if March, 2004, by and between BENZEL LIVESTOCK L.L.L.P. a Limited Liability Limited Partnership a Colorado partnership, successor in title to Benzel Livestock Company (Lessor) and ENCANA OIL AND GAS (USA) INC., successor in title of Snyder Oil Corporation, (Lessee). RECITALS The reason and purpose for entering into this Agreement is premised upon the following: 1, WHEREAS, the parties have executed a certain Surface Lease Agreement on or about, November 11, 1995 for the purpose of establishing one or more evaporation pits and storage area for incidental spare equipment as used in the Lessee's on going operations. 2. LESSEE is in the business of extraction, collection and transportation of oil, gas and petroleum products. Lessee has constructed on Lessor's property one or more evaporation pits. 3. LESSOR and Lessee agree to amend said above Surface Lease Agreement. AGREEMENT The parties agree as follows: 1. Recitals True and Correct. The recitals set forth herein are true and correct. 2. Premises. The affected real property is described as follows: Township 6 South1Range 93 West, 6th RM. Section 26: A certain tract of land described as follow: Beginning at a point in the NE'/a of Section 26, which bears S. 44°53'54" W. 1841.48 feet; from the Northeast Corner of said Section 26; thence S. 00°32'00"W. 700,00 feet; thence N. 89°28'00" W 530.00 feet thence E. 700.00 feet; thence S. 89°28'00" E. 530.00 feet to the point of beginning. Basis of bearings is the East line of the NE % of said section 26, which is assumed from G.L.O. information to bear North. Containing 8.517 acres more or less Garfield County, Colorado. 3. LESSOR agrees to allow Lessee to remove netting over the evaporation pits used to protect wildlife from the pits. Lessee agrees to use other types of mitigation to protect wildlife from the evaporation pits that meet or exceed the Colorado Division of Wildlife regulations and recomendations. 1 4. LESSOR and Lessee agree that all other conditions and requirements of above said Surface Lease Agreement remain in full force and are not changed by this agreement. Date: Date: BENZEL LIVESTOCK L.L,L.P. A Coloradp; limited partnership John B. Benzel General Partner ENCANA OIL AND GAS (USA) INC. By: Joel S. Fox Attorney in Fact 2 State of Arizona )§ County of Yavapai Acknowledgement On this lQ ay of�g-� ,2004, before me personally appeared John B. Benzef, General Part of Benzes Livestock L.L.L,P. a Limited Liability Limited Partnership, known to me to be the person described in and who executed the foregoing instrument, and who acknowledged to me that he executed the same. (SEAL) f�;fl�rr� OFFfCFAL SEAL LINDA MACKELPRANG NOTARY PUBLIC- AR 20 NA YAVAPAI COUNTY MI Conn, Expires 09-25-2008 My commission expires: -6f State of Colorado )§ County of Denver Notary Public On this day of 2004, before me personally appeared Joel S. Fox Attorney in fact for EnCana Oil and Gas (USA) Inc. known to me to be the person(s) described in and who executed the foregoing instrument, and who acknowledged to me that he executed the same. (SEAL) My commission expires: Notary Public 3 C0RDILLERAN June 14, 2004 RECEIVED JUN 2 Y. 2004 GARFIELD COUNTY BUILDING & PLANNING Mr. Fred A. Jarman Senior Planner, AICP Garfield County Building & Planning Department 108 8`h Street, Suite 201 Glenwood Springs, CO 81601 826 211/2 Road Grand Junction, CO 81505 T: 970.263.7800 F: 970.263.7456 RE: RE: Special Use Permit request for "Processing & Material Handling of Natural Resources" in the ARRD zone district (evaporation pit expansion / amendment) Response to letter dated April 9, 2004 for Benzel Evaporation Facility Upgrade. Dear Mr. Jarman: This letter and the enclosed information is provided to address the items identified in the letter dated April 9, 2004 from the Garfield County Building & Planning Department. Please find the enclosed information, including: A copy of an acknowledgement letter from the property owner that Cordilleran Compliance Services, Inc. may act on their behalf with,egard the special use permit process. A copy of the April 9, 2004 letter from the Garfield County Building & Planning Department. A response to the specific standards included in the April 9, 2004 letter from the Garfield County Building & Planning Department. Please do not hesitate to contact our Grand Junction office should you have any questions or comments. Sincerely, Cordilleran Compliance Services, Inc. Dion Plsek, P.E. Principal Engineer Attachments Cc: David Grisso, EnCana Oil & Gas (USA) Inc. file Cordilleran Compliance Services, Inc. Grand Junction, CO • Denver, CO • Casper, WY • Laramie, WY • Lander, WY Environmental Consulting Engineers and Scientists Agent Acknowledgement Letter April 27, 2004 EnCana Oil & Gas (USA), Inc. authorizes Cordilleran Compliance Services, Inc. to act as its agent with regard to completing the Special Use Permit process with the Garfield County Building and Planning Department for the Benzel Evaporation Facility Upgrade in Garfield County, Colorado. Cordilleran Compliance Services, Inc. may act on behalf of EnCana Oil & Gas (USA), Inc. for the purposes of gathering and providing information, submitting relevant special use permit application forms and supporting documents, and contacting or meeting with Garfield County Building and Planning Department personnel. Signed, Name Title 96e4 rio ki Date 0 y/c2 -7/0 Garfield County Building & Planning Department Letter April 9, 2004 Dion Plsek Cordilleran Compliance Services, Inc. 826 21 V2 Road Grand Junction, CO 81505 Garfield County BUILDING & PLANNING DEPARTMENT RE: Special Use Permit request for "Processing & Material Handling of Natural Resources" in the ARRD zone district (evaporation pit expansion /amendment) Dear Mr. Plsek, Thank you for the application you submitted to this office for the Special Use Permit (SUP) request. I am writing this letter to inform you that the Garfield County Building and Planning Department needs additional information in order to process your SUP application. Your timeliness in providing this information will expedite our ability to place your application on the public hearing agenda. Please provide information that more specifically addresses each of the following items. 1. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have Iegal and adequate water for the proposed use. 2. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. 3. Submit a copy of the deed and legal description of the subject property. 4. Submit an statement that more specifically responds to each of the following criteria from Section 5.03 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 place or shall be constructed in conjunction with the proposed use. 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 5. Because the use you propose is considered as "Processing and Material Handling of Natural Resources", you are required to provide a response to each of the specific standards included below: Standards in Section 5.03.07 for Industrial Operations Industrial Operations: Industrial Operations, including extraction, processing, fabrication, industrial support facilities, mineral waste disposal, storage, sanitary landfill, salvage yard, access routes and utility lines, shall be permitted, provided: (1) The applicant for a permit for industrial operations shall prepare and submit to the Planning Director ten (10) copies of an impact statement on the proposed use describing its location, scope, design and construction schedule, including an explanation of its operational characteristics. One (1) copy of the impact statement shall be filed with the County Commissioners by the Planning Director. The impact statement shall address thefollowing: (A) Existing lawful use of water through depletion or pollution of surface run-off, stream flow or ground water; (B) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations; (C) Impacts on wildlife and domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions; (D) Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County; (E) That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use(s); (F) Mitigation measures proposed for all of the foregoing impacts identified and for the standards identified in Section 5.03.08 of this Resolution (2) Permits may be granted for those uses with provisions that provide adequate mitigation for the following: (A) A plan for site rehabilitation must be approved by the County Commissioners before a permit for conditional or special use will be issued; (B) The County Commissioners may require security before a permit for special or conditional use is issued, if required. The applicant shall furnish evidence of a bank commitment of credit, bond, certified check or other security deemed acceptable by the County Commissioners in the amount calculated by the County Commissioners to secure the execution of the site rehabilitation plan in workmanlike manner and in accordance with the specifications and construction schedule established or approved by the County Commissioners Such commitments, bonds or check shall be payable to and held by the County Commissioners; 2 (C) Impacts set forth in the impact statement and compliance with the standards contained in Section 5.03.08 of this Resolution. (A. 93-061) Section 5.03.08 Industrial Performance Standards Industrial Performance Standards: All industrial operations in the County shall comply with applicable County, State, and Federal regulations regulating water, air and noise pollution and shall not be conducted in a manner constituting a public nuisance or hazard. Operations shall be conducted in such a manner as to minimize heat, dust, smoke, vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the property in which such uses are located, in accord with the following standards; (1) Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. (A. 93-061) (2) Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located; (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) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas: (A97112) (A) Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state and local fire codes and written recommendations/comments from the appropriate local protection district regarding compliance with the appropriate codes; (A97-112) (B) At the discretion of the County Commissioners, all outdoor storage facilities may be required to be enclosed by fence, landscaping or wall adequate to conceal such facilities from adjacent property; (A97-112) (C) No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces; (A97-112) (D) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the 3 following standards: (A97-112) 1. The minimum lot size is five (5) acres and is not a platted subdivision. 2. The equipment storage area is not placed any closer than 300 ft. from any existing residential dwelling. 3. All equipment storage will be enclosed in an area with screening at least eight (8) feet in height and obscured from view at the same elevation or lower. Screening may include berming, landscaping, sight obscuring fencing or a combination of anyofthesemethods. 4. Any repair and maintenance activity requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of 8 a.m. to 6 p.m., Mon. -Fri. 5. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. (E) Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. (A97-112) (F) Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property (A97-112) (6) 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 facilities may begin. Do not hesitate to contact this office in the event you have any questions. Very truly yours, Fred A. Jarman, AICP, ' : s r Planner 970.945.8212 4 Specific Standards Response Statement April 9, 2004 Dion Plsek Cordilleran Compliance Services, Inc. 826 21 Y2 Road Grand Junction, CO 81505 RE: Special Use Permit request for "Processing & Material Handling of Natural Resources" in the ARRD zone district (evaporation pit expansion / amendment) Dear Mr. Plsek, Thank you for the application you submitted to this office for the Special Use Permit (SUP) request. I am writing this letter to inform you that the Garfield County Building and Planning Department needs additional information in order to process your SUP application. Your timeliness in providing this information will expedite our ability to place your application on the public hearing agenda. Please provide information that more specifically addresses each of the following items. 1. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. Cordilleran's response: (Refer to SOCO Produced Water Evaporation Pit Special Use Application from 1995) The facility will not have any adverse impact on water through depletion, pollution of surface runoff, stream flow or surface water. No water will be used and there will be no disposal of water. Approximately 150-200 barrels of water produced by EnCana drilling and production operations will be processed by at the facility. 2. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. Cordilleran's response: Please find the statement attached to this document. 3. Submit a copy of the deed and legal description of the subject property. Cordilleran's response: (Refer to SOCO Produced Water Evaporation Pit Special Use Application from 1995) The legal description of the property is: SW NE, Section 26, Township 6 South, Range 93 West, Garfield County, Colorado. Please find the surface use agreement information attached to this document. 4. Submit an statement that more specifically responds to each of the following criteria from Section 5.03 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 place or shall be constructed in conjunction with the proposed use. Cordilleran's response: Existing water and sanitation service for the facility will continue to be utilized and will be upgraded as necessary to meet the needs of the proposed use. 5. Because the use you propose is considered as "Processing and Material Handling of Natural Resources", you are required to provide a response to each of the specific standards included below: Standards in Section 5.03.07 for Industrial Operations Industrial Operations: Industrial Operations, including extraction, processinz, fabrication, industrial support facilities, mineral waste disposal, storage, sanitary landfill, salvage yard, access routes and utility lines, shall be permitted, provided: (1) The applicantfor a permit for industrial operations shall prepare and submit to the Planning Director ten (10) copies of an impact statement on the proposed use describing its location, scope, design and construction schedule, including an explanation of its operational characteristics. One (1) copy of the impact statement shall be filed with the County Commissioners by the Planning Director. The impact statement shall address the following: (A) Existing !awful use of water through depletion or pollution ofsurface run-off stream flow or ground water; Cordilleran's response: (Refer to SOCO Produced Water Evaporation Pit Special Use Application from 1995) The facility will not have any adverse impact on water through depletion, pollution of surface runoff, stream flow or surface water. No sewage will be generated, no water supplies will be used and there will be no disposal of water. All water brought to the facility will be contained in above ground storage tanks which will be contained within adequate secondary containment structures constructed from impermeable materials. (B) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations; Cordilleran's response: (Refer to SOCO Produced Water Evaporation Pit Special Use Application from 1995) The added or changed structures will generate no noise or dust and will have minimal visual impact in relation to other structures at the site. Overall visual impact at the facility should improve due to the planned removal or rearrangement of stored extraneous equipment. Noise impact of the finished facility should also be lower than current conditions, as the planned equipment buildings will house the pumping equipment and should serve to dampen the noise generated by the pumps. In any event, EnCana will adhere to the noise standards specified by the Colorado Revised Statutes and the Colorado Oil and Gas Conservation Commission rules. 2 (C) Impacts on wildlife and domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions; Cordilleran's response: (Refer to SOCO Produced Water Evaporation Pit Special Use Application from 1995) According to wildlife distribution maps from the Colorado Department of Wildlife, the site is located on summer rangeland for mule deer and elk and is within migration corridors for these animals. This type of facility is incompatible with wildlife access and wildlife has been excluded by wildlife -proof fencing. The upgrades at the facility will not expand the existing property and will not, therefore, impact migration or habitat areas. (D) Affirmatively show the impacts oftruck and automobile traffic to and from such uses and their impacts to areas in the County; Cordilleran's response: (Refer to SOCO Produced Water Evaporation Pit Special Use Application from 1995) The existing use of the facility has served to reduce truck traffic in the area from prior conditions and has alleviated a portion of anticipated increased traffic due to expanding energy exploration activities. The characteristics of the vehicle traffic to and from the site will remain as it is currently. No improvements to public roads are necessary with the upgrades as planned. (E) That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use(s); Cordilleran's response: (Refer to SOCO Produced Water Evaporation Pit Special Use Application from 1995) All operations at the facility will occur within the property boundary and will not typically involve any abutting property. In any case, the proposed upgrades to the facility will not encroach upon existing setbacks or reduce current separation distances to abutting properties. (F) Mitigation measures proposedfar all of the foregoing impacts identified and for the standards identified in Section 5.03.08 of this Resolution Cordilleran's response: (Refer to SOCO Produced Water Evaporation Pit Special Use Application from 1995) No additional impacts are anticipated at the facility due to the planned upgrades and changes associated with this Special Use Permit application. If, in the future, impacts such as those noted in the standard in Section 5.03.07 or 5.03.08 of the Zoning Regulations are noted, appropriate mitigation measures will be taken. (2) Permits may be granted for those uses with provisions that provide adequate mitigation for the following: (A) A plan for site rehabilitation must be approved by the County Commissioners before a permit for conditional or special use will be issued; Cordilleran's response: (Refer to SOCO Produced Water Evaporation Pit Special Use Application from 1995) Any area disturbed by construction or operation activities that is not otherwise covered by liner material or equipment will be resurfaced with sand and gravel and graded flat as necessary. At the end of the expected life of the facility, reclamation will consist of the following: 3 Removal of all surface equipment and liner material. Restoration and re -contouring of grade to approximate original conditions. Replacement of stockpiled topsoil. Compliance with all prevailing Colorado Oil and Gas Conservation Commission and Garfield County regulations governing final reclamation. (B) The County Commissioners may require security before a permit for special or conditional use is issued, if required. The applicant shall furnish evidence of a bank commitment of credit, bond, certified check or other security deemed acceptable by the County Commissioners in the amount calculated by the County Commissioners to secure the execution of the site rehabilitation plan in workmanlike manner and in accordance with the specifications and construction schedule established or approved by the County Commissioners. Such commitments, bonds or check shall be payable to and held by the County Commissioners; (C) Impacts set forth in the impact statement and compliance with they standards contained in Section 5.03.08 of this Resolution. (A. 93-061) Section 5.03.08 Industrial Performance Standards Industrial Performance Standards: All industrial operations in the County shaR_conply with applicable County, State, and Federal regulations regulating water, air and noise pollution and shall not be conducted in a manner constituting a public nuisance or hazard. Operations shall be conducted in such a manner as to minimize heat, dust, smoke, vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the property in which such uses are located, in accord with the following standards; (1) Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. (A. 93-061) Cordilleran's response: (Refer to SOCO Produced Water Evaporation Pit Special Use Application from 1995) The added or changed structures will generate no noise. Noise impact of the finished facility should be lower than current conditions, as the planned equipment buildings will house the pumping equipment and should serve to dampen the noise generated by the pumps. In any event, EnCana will adhere to the noise standards specified by the Colorado Revised Statutes and the Colorado Oil and Gas Conservation Commission rules. (2) Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located; Cordilleran's response: (Refer to SOCO Produced Water Evaporation Pit Special Use Application from 1995) The pumping equipment at the upgraded facility is expected to possibly emanate a minimal amount of vibration. The proposed equipment buildings will aid in mitigating this vibration, and the vibration, if any, should be localized to a small area immediately surrounding the pumping equipment. If, in the unlikely event, nuisance vibration is detected at any point along the property boundary, additional measures will be taken to control the vibration. 4 (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; Cordilleran's response: (Refer to SOCO Produced Water Evaporation Pit Special Use Application from 1995) The equipment upgrades and changes to the facility will add no emissions of smoke and particulate matter. The facility will continue to comply with Federal, State, and County air quality regulations and standards. (4) Emission of heat, glare, radiation and fumes: every use shall be so operated that it does not emit Beat, 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; Cordilleran's response: (Refer to SOCO Produced Water Evaporation Pit Special Use Application from 1995) The equipment upgrades and changes to the facility will not affect the current characteristics of the facility with regard to emission of heat, glare, radiation and fumes. (5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas: (A97-112) (A) Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state and local fire codes and written recommendations/comments from the appropriate local protection district regarding compliance with the appropriate codes; (A97-112) Cordilleran's response: (Refer to SOCO Produced Water Evaporation Pit Special Use Application from 1995) There is no planned storage of flammable or explosive solids or gases at the facility. (B) At the discretion of the County Commissioners, all outdoor storage facilities may be required to be enclosed by fence, landscaping or wall adequate to conceal such facilities from adjacent property; (A97-112) Cordilleran's response: (Refer to SOCO Produced Water Evaporation Pit Special Use Application from 1995) The site is currently surrounded by a fence. Adjacent property characteristics and surrounding land uses are such that a visible barrier fence should not be necessary, however may be added, dependant upon the discretion of the County Commissioners. (C) No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonably foreseeable natural causes or forces; (A97-112) Cordilleran's response: (Refer to SOCO Produced Water Evaporation Pit Special Use Application from 1995) No waste material will be deposited or stored at the site in such a form that such waste could be transferred of the property by natural causes or storm events. 5 (D) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the following standards: (A97-112) 1. The minimum lot size is five (5) acres and is not a platted subdivision. Cordilleran's response: (Refer to SOCO Produced Water Evaporation Pit Special Use Application from 1995) No heavy equipment will be stored on site. 2. The equipment storage area is not placed any closer than 300 ft. from any existing residential dwelling. Cordilleran's response: (Refer to SOCO Produced Water Evaporation Pit Special Use Application from 1995) No heavy equipment will be stored on site. 3. All equipment storage will be enclosed in an area with screening at least eight (8) feet in height and obscured from view at the same elevation or lower. Screening may include berming, landscaping, sight obscuring fencing or a combination of any of these methods. Cordilleran's response: (Refer to SOCO Produced Water Evaporation Pit Special Use Application from 1995) No heavy equipment will be stored on site. 4. Any repair and maintenance activity requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of 8 a.m. to 6 p.m., Mon. -Fri. Cordilleran's response: (Refer to SOCO Produced Water Evaporation Pit Special Use Application from 1995) No heavy equipment will be stored on site. S. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. Cordilleran's response: (Refer to SOCO Produced Water Evaporation Pit Special Use Application from 1995) No heavy equipment will be stored on site. (E) Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. (A97-112) Cordilleran's response: (Refer to SOCO Produced Water Evaporation Pit Special Use Application from 1995) The size of the existing facility is approximately 8.5 acres. No increase in the size of the property is associated with the proposed changes. (F) Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property (A97-112) Cordilleran's response: (Refer to SOCO Produced Water Evaporation Pit Special Use Application from 1995) Any additional lighting installed at the facility will be installed so that it is pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. (6) 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 facilities may begin. 6 Cordilleran's response: (Refer to SOCO Produced Water Evaporation Pit Special Use Application from 1995) The facility is designed to protect groundwater and surface water resources. All storage areas will be constructed with impermeable materials. There are no anticipated potential water pollution hazards associated with this facility. If potential hazards are discovered, safeguards designed to comply with the regulations of the Environmental Protection Agency will be installed. Do not hesitate to contact this office in the event you have any questions. Very truly yours, Fred A. Jarman, AICP, Senior Planner 970.945.8212 7 Fred Jarman Garfield County Building & Planning Department 108 Bch St, Suite 201 Glenwood Springs CO 81601 RE: Encana Benzes Facility Upgrade — Special Use Permit Review Dear Fred: September 1, 2004 At the request of Garfield County, Resource Engineering, Inc. (RESOURCE) has reviewed the Special Use Permit Application from Encana Oil & Gas (USA), Inc. for proposed upgrades to the Benzel evaporation facility located near the Garfield County Airport. The submittal included the application and an unbound attachment entitled Special Use Permit Application Supplemental Materials. Our comments are outlined below. SUMMARY The proposed Special Use Permit Application appears to meet the technical criteria for the Special Use requirements in Section 5.03, the specific requirements in Section 5.03.07, and the standards in Section 5.03.08 of the Garfield County Zoning Regulations. The requirements of each section are more specifically discussed below. The existing Special Use Permit requires water quality sampling and reporting which has not occurred. This issue should be settled as part of any approval of the new application. SPECIAL USE GENERAL REQUIREMENTS The general requirements for any special use include providing adequate water and wastewater service and adequate road improvements and/or access for the proposed use. The existing and proposed special use does not require potable water or wastewater services. The existing facility is accessed from County Road 319. The application indicates that the characteristics of the traffic to and from the site will remain the same as current conditions. There was no analysis of the existing impact on County Roads or the adequacy of the existing access on County Road 319. Field observations indicate that the access is adequate in terms of width, grade, and site distance. County Road 319 is a gravel road at the project site and had several washboard areas between the end of the pavement (at Grass Mesa Road) and the site. GARCO Road and Bridge should be contacted regarding impact to County Roads. INDUSTRIAL OPERATIONS REQUIREMENTS Section 5.03.07 of the County Zoning Regulations outlines additional specific criteria for Industrial operations. These criteria require that the applicant prepare and submit an impact statement of the proposed use. The application references the Snyder Oil Company Special Use Permit Application and affirmatively states that there will be no Fred Jarman Page 2 September 1, 2004 impact or no additional impact for the items to be addressed in Section 5.03.07. Assuming that the existing special use conforms with the existing Special Use Permit, the application material indicates general conformance with the requirements of Section 5.03.07 and indicates that the project will comply with the industrial performance standards in Section 5.03.08. The existing Special Use Permit approved in Resolution 96-21, requires annual review of the water chemistry of the water contained within the evaporation pit. These analyses are required to be submitted to the Garfield County Planning Dept. July lst of every year for the duration of the operation. The purpose of this analysis was to determine whether hazardous or toxic chemicals were present in the evaporation pit water. If the water was deemed to be hazardous or toxic based on applicable standards, then the applicant would be required to submit an additional Special Use Permit application to address and mitigate the potential hazard. To date, the Planning Department has received only one of the required annual analyses. We understand that a monitoring well was constructed on the property. The monitoring well should be sampled to identify any impact due to the water in the pit. Sampling the pit water would be for purposes of characterizing the water versus the quality in the monitoring well. It is our understanding that the Oil and Gas Commission regulates water in the pit. The project site is within the City of Rifle Watershed Protection District for the potable water supply. Based on discussion with the City of Rifle Public Works Department, the project should obtain a Watershed Permit from the City. In accordance with Section 5.03.08, this permit should be included as a condition in any approval of the County Special Use Permit. Please call if you have any questions or need additional information. Sincerely, RESOURCE ENGINEERING, INC. Michael J. Erion, P.E. Water Resource Engineer MJEldih 885-23.1 fj encana benzel fac sup 885 B. Oily waste shall be spread evenly to prevent pooling, ponding or runoff. C. Contamination of ground water or surface water shall be prevented. D. Biodegradation shall be enhanced by disking, tilling, aerating, addition of nutrients, microbes, water or other amendments, as appropriate. E. Land -treated oily waste incorporated in place shall not exceed the allowable concentrations in Table 910-1. F. When a threatened or significant adverse environmental impact from onsite land treatment exists, the Director may require operators to submit a Site Investigation And Remediation Workplan, Form 27. Treatment shall thereafter be completed in accordance with the workplan and Rules 909. and 910. G. When land treatment occurs in an area not being utilized for oil and gas operations, operators shall obtain prior written surface owner approval. 908. CENTRALIZED E&P WASTE MANAGEMENT FACILITIES a. Applicability. Operators may establish non-commercial, centralized E&P waste management facilities for the treatment, disposal, recycling or beneficial reuse of E&P waste. This rule applies only to non-commercial facilities, which means the operator does not represent itself as providing E&P waste management services to third parties, except as part of a unitized area or joint operating agreement or in response to an emergency. Centralized facilities may include components such as land treatment or land application sites, pits and recycling equipment. b. Permit requirements. An application for permit including the following information shall be submitted to the Director for prior approval along with a filing and service fee established by the Commission (Appendix III): (1) The name, address, phone and fax number of the operator, and a designated contact person. (2) The name, address and phone number of the surface owner of the site, if not the operator, and the written authorization of such surface owner. (3) The legal description of the site. (4) A general topographic, geologic and hydrologic description of the site, including immediately adjacent land uses, a topographic map of a scale no less than 1:24,000 showing the location, and the average annual precipitation and evaporation rates at the site. (5) Centralized facility siting requirements. A. A site plan showing drainage patterns and any diversion or containment structures, and facilities such as roads, fencing, tanks, pits, buildings, and other construction details. B. Scaled drawings of entire sections containing the proposed facility. The field measured distances from the nearer north or south and nearer east or west section lines shall be measured at ninety (90) degrees from said section lines to facility boundaries and referenced on the drawing. A survey shall be provided including a complete description of established monuments or collateral evidence found and all aliquot corners. C. Appropriate measures to limit access to the centralized facility by wildlife, domestic animals, and members of the general public shall be implemented. D. Centralized facilities shall have a fire lane of at least ten (10) feet in width around the active treatment areas and within the perimeter fence. In addition, a buffer zone of at least ten (10) feet shall be maintained within the perimeter fire lane. E. Surface water diversion structures, including, but not limited to, berms and ditches, shall be constructed to accommodate a one hundred (100) year, twenty four (24) hour event. as of March 30, 2003 (6) Waste profile. For each type of waste, the amounts to be received and managed by the facility shall be estimated on a monthly average basis. For each waste type to be treated, a characteristic waste profile shall be completed. (7) Facility design and engineering. Facility design and engineering data, including plans and elevations, design basis, calculations, and process description. (8) Operating plan. An operating plan, including, but not limited to, a detailed description of the method of treatment, loading rates, application of nutrients and soil amendments, dust and moisture control, sampling, inspection and maintenance, emergency response, record-keeping, site security, hours of operation, and final disposition of waste. Where treated waste will be beneficially reused, a description of reuse and method of product quality assurance shall be included. (9) Ground water monitoring. A. The Director may require ground water monitoring for the purpose of preventing and mitigating threatened or actual significant adverse environmental impact or to ensure compliance with the allowable concentrations and levels in Table 910-1, with consideration to WQCC standards and classifications by establishing points of compliance. B. Where monitoring is required, the direction of flow, ground water gradient and quality of water shall be established by the installation of a minimum of three (3) monitor wells, including an up -gradient well and two (2) down -gradient wells that will serve as points of compliance, or other methods authorized by the Director. c. Permit approval. The Director shall endeavor to approve or deny the properly completed permit within thirty (30) days after receipt and may condition permit approval as necessary to prevent any threatened or actual significant adverse environmental impact on air, water, soil or biological resources or to the extent necessary to ensure compliance with the allowable concentrations and levels in Table 910-1, with consideration to WQCC ground water standards and classifications. d. Financial assurance. The operator of a land treatment facility shall submit for the Director's approval such financial assurance as required by Rule 704. e. Facility modifications. Throughout the life of the facility the operator shall submit proposed modifications to the facility design, operating plan, permit data, or permit conditions to the Director for prior approval. f. Annual permit review. To ensure compliance with permit conditions and the 900 Series rules, the facility permit shall be subject to an annual review by the Director. g. Closure. A preliminary plan for closure shall be submitted with the centralized facility permit. A Site Investigation and Remediation Workplan, Form 27 shall be submitted sixty (60) days prior to closure for approval by the Director. The workplan shall describe the final closure plan. Ch. Operators may be subject to local requirements for zoning and construction of facilities and shall provide copies of notifications to local governments or other agencies to the Director. 909. SITE INVESTIGATION, REMEDIATION AND CLOSURE a. Applicability. This section applies to the closure and remediation of pits other than drilling pits constructed pursuant to Rule 903.a.(3).; investigation, reporting and remediation of spills/releases; permitted waste management facilities including treatment facilities; plugged and abandoned wellsites; sites impacted by E&P waste management practices; or other sites as designated by the Director. b. General site investigation and remediation requirements. (1) Sensitive Area Determination. Operators shall complete a sensitive area determination in accordance with Rule 901.e. (2) Sampling and analyses. Samples and analysis of soil and ground water shall be conducted in accordance with Rule 910. to determine the horizontal and vertical extent of any contamination in excess of the allowable concentrations in Table 910-1. as of March 30, 2003 (1) (3) Management of E&P waste. E&P waste shall be managed in accordance with Rule 907. (4) Pit evacuation. Prior to backfilling and site reclamation, E&P waste shall be treated or disposed in accordance with Rule 907. and the 1000 Series rules. (5) Remediation. Remediation shall be performed in a mariner to mitigate, remove or reduce contamination that exceeds the allowable concentrations in Table 910-1 in order to ensure protection of public health, safety and welfare, and to prevent and mitigate significant adverse environmental impacts. Soil that does not meet allowable concentrations in Table 910-1 shall be remediated. Ground water that does not meet allowable concentrations in Table 910-1 shall be remediated in accordance with a Site Investigation and Remediation Workplan, Form 27. (6) Reclamation. Remediation sites shall be reclaimed in accordance with the 1000 Series rules for reclamation. c. Site Investigation And Remediation Workplan, Form 27. Operators shall prepare and submit for prior Director approval a Site Investigation and Remediation Workplan, Form 27 for the following operations and remediation activities: Unlined pit closure when required by Rule 905. (2) Remediation of spills/releases in accordance with Rule 906. (3) Land treatment of oily waste in accordance with Rule 907,e.(2).F, (4) Closure of centralized E&P waste management facilities in accordance with Rule 908.g. (5) Remediation of impacted ground water in accordance with Rule 910.b.(4). d. Multiple sites. Remediation of multiple sites may be submitted on a single workplan with prior Director approval. e. Closure. (1) Remediation and reclamation shall be complete upon compliance with the allowable concentrations in Table 910- 1, or upon compliance with an approved workplan. (2) Notification of completion. Within thirty (30) days after conclusion of site remediation and reclamation activities operators shall provide the following notification of completion: A. Operators conducting remediation operations in accordance with Rule 909.b. shall submit to the Director a Site Investigation and Remediation Workplan, Form 27, containing information sufficient to demonstrate compliance with these rules. B. Operators conducting remediation under an approved workplan shall submit to the Director, by adding or attaching to the original workplan, information sufficient to demonstrate compliance with the workplan. f. Release of financial assurance. Financial assurance required by Rule 706. may be held by the Director until the required remediation of ground water impacts is completed in accordance with the approved workplan, or until cleanup goals are met. 910. ALLOWABLE CONCENTRATIONS AND SAMPLING FOR SOIL AND GROUND WATER a. Soil and ground water allowable concentrations. The allowable concentrations for soil and ground water are in Table 910-1. Ground water standards and analytical methods are derived from the ground water standards and classifications established by WQCC. b. Sampling and analysis. (1) Existing workplans. Sampling and analysis for sites subject to an approved workplan shall be conducted in accordance with the workplan and the sampling and analysis requirements described in this rule. as of March 30, 2003 (2) Methods for sampling and analysis. Sampling and analysis for site investigation or confirmation of successful remediation shall be conducted to determine the nature and extent of impact and confirm compliance with appropriate allowable concentrations. A. Field analysis. Field measurements and field tests shall be conducted using appropriate equipment, calibrated and operated according to manufacturer specifications, by personnel trained and familiar with the equipment. B. Sample collection. Samples shall be collected, preserved, documented, and shipped using standard environmental sampling procedures in a manner to ensure accurate representation of site conditions. C. Laboratory analytical methods. Laboratories shall analyze samples using standard methods (such as EPA SW -846 or API RP -45) appropriate for detecting the target analyte. The method selected shall have detection limits less than or equal to the allowable concentrations in Table 910-1. D. Background sampling. Samples of comparable, nearby, non -impacted, native soil, ground water or other medium may be required by the Director for establishing background conditions. (3) Soil sampling and analysis. A. Applicability. If soil contamination is suspected or known to exist as a result of spills/releases or E&P waste management, representative samples of soil shall be collected and analyzed in accordance with this rule. B. Sample collection. Samples shall be collected from areas most likely to have been impacted, and the horizontal and vertical extent of contamination shall be determined. The number and location of samples shall be appropriate to the impact. C. Sample analysis. Soil samples shall be analyzed for contaminants listed in Table 910-1 as appropriate to assess the impact or confirm remediation. D. Reporting. Soil Analysis Report, Form 24 shall be used when the Director requires results of soil analyses. E. Soil impacted by produced water. For impacts to soil due to produced water, samples from comparable, nearby non -impacted, native soil shall be collected and analyzed for purposes of establishing background soil conditions including pH and electrical conductivity (EC). Where EC of the impacted soil exceeds the allowable level in Table 910-1, the sodium adsorption ratio (SAR) shall also be determined. F. Soil impacted by hydrocarbons. For impacts to soil due to hydrocarbons, samples shall be analyzed for TPH. (4) Ground water sampling and analysis. A. Applicability. Operators shall collect and analyze representative samples of ground water in accordance with these rules under the following circumstances: i. Where ground water contamination is suspected or known to exceed the allowable concentrations in Table 910-1; ii. Where impacted soils are in contact with ground water; or iii. Where impacts to soils extend down to the high water table. B. Sample collection. Samples shall be collected from areas most likely to have been impacted, downgradient or in the middle of excavated areas. The number and location of samples shall be appropriate to determine the horizontal and vertical extent of the impact. If the concentrations in Table 910-1 are exceeded, the direction of flow and a ground water gradient shall be established, unless the extent of the contamination and migration can otherwise be adequately determined. as of March 30, 2003 C. Sample analysis. Ground water samples shall be analyzed for benzene, toluene, othylbenzene, xylene, and API RP -45 constituents, or other parameters appropriate for evaluating the impact. D. Reporting. Water Analysis Report, Form 25 shall be used when the Director requires results of water analyses. E. Impacted ground water. Where ground water contaminants exceed the allowable concentrations listed in Table 910-1, operators shall notify the Director, and submit to the Director for prior approval a Site Investigation and Remediation Workplan, Form 27, for the investigation, remediation, or monitoring of ground water to meet the required allowable concentrations. 911. PIT, BURIED OR PARTIALLY BURIED PRODUCED WATER VESSEL, BLOWDOWN PIT, AND BASIC SEDIMENT/TANK BOTTOM PIT MANAGEMENT REQUIREMENTS PRIOR TO DECEMBER 30, 1997. a. Applicability. This rule applies to the management, operation, closure and remediation of drilling, production and special purpose pits, buried or partially buried produced water vessels, blowdown pits, and basic sediment/tank bottom pits put into service prior to December 30, 1997 and unlined skim pits put into service prior to July 1, 1995. For pits constructed after December 30, 1997 and skim pits constructed after July 1, 1995, operators shall comply with the requirements contained in Rules 901. through 910. b. Inventory. Operators were required to submit to the Director no later than December 31, 1995, an inventory identifying production pits, buried or partially buried produced water vessels, blowdown pits, and basic sediment/tank bottom pits that existed on June 30, 1995. The inventory required operators to provide the facility name, a description of the location, type, capacity and use of pit/vessel, whether netted or fenced, lined or unlined, and where available, water quality data. Operators who have failed to submit the required inventory are in continuing violation of this rule. c. Sensitive area determination. (1) For unlined production and special purpose pits constructed prior to July 1, 1995 and not closed by December 30, 1997, operators were required to determine whether the pit was located within a sensitive area in accordance with the Sensitive Area Determination Decision Tree, Figure 901-1, (now Rule 901.e.), and submit data evaluated and analysis used in the determination to the Director on a Sundry Notice, Form 4. (2) For steel, fiberglass, concrete, or other similar produced water vessels that were buried or partially buried and located in sensitive areas prior to December 30, 1997, operators were required to test such vessels for integrity, unless a monitoring or leak detection system was put in place. d. The following permitting/reporting requirements applied to pits constructed prior to December 30, 1997: (1) A Sundry Notice, Form 4, including the name, address, and phone number of the primary contact person operating the production pit for the operator, the facility name, a description of the location, type, capacity and use of pit, engineering design, installation features and water quality data, if available, was required for the following: A. Lined production pits and lined special purpose pits constructed after July 1, 1995. B. Unlined production pits constructed prior to July 1, 1995 which are lined in accordance with Rule 905. by December 30, 1997. (2) An Application For Permit For Unlined Pit, Form 15 was required for the following: A. Unlined production pits and special purpose pits in sensitive areas constructed prior to July 1, 1995, and not closed by December 30, 1997. B. Unlined production pits outside sensitive areas constructed after July 1, 1995 and not closed by December 30, 1997. (3) An Application For Permit For Unlined Pit, Form 15 and a variance under Rule 904.e.(1). (repealed, now Rule 502.b.) was required for unlined production pits and unlined special purpose pits in sensitive areas constructed after July 1, 1995. as of March 30, 2003 (4) A Sundry Notice, Form 4 was required for unlined production pits outside sensitive areas receiving produced water at an average daily rate of five (5) or less barrels per day calculated on a monthly basis for each month of operation constructed prior to December 30, 1997. e. The Director may have established points of compliance for unlined production pits and special purpose pits and for lined production pits in sensitive areas constructed after July 1, 1995. f. Closure requirements. (1) Operators of production or special purpose pits existing on July 1, 1995 which were closed before December 30, 1997, were required to submit a Sundry Notice, Form 4, within thirty (30) days of December 30, 1997. The Sundry Notice, Form 4 shall include a copy of the existing pit permit, if a permit was obtained and a description of the closure process. (2) Pits closed prior to December 30, 1997 were required to be reclaimed in accordance with the 1000 Series rules. Pits closed after December 30, 1997 shall be closed in accordance with the 900 Series rules and reclaimed in accordance with the 1000 Series rules. (3) Operators of steel, fiberglass, concrete or other similar produced water vessels buried or partially buried and located in sensitive areas were required to repair or replace vessels and tanks found to be leaking. Operators shall repair or replace vessels and tanks found to be leaking. Operators shall submit to the Director a Sundry Notice, Form 4, describing the integrity testing results and action taken within thirty (30) days of December 30, 1997. (4) Closure of pits and steel, fiberglass, concrete or other similar produced water vessels, and associated remediation operations conducted prior to December 30, 1997 are not subject to Rules 905., 906., 907., 909. and 910. 912. VENTING OR FLARING NATURAL GAS a. The unnecessary or excessive venting or flaring of natural gas produced from a well is prohibited. b. Except for gas flared or vented during an upset condition, well maintenance, well stimulation flowback, purging operations, or a productivity test, gas from a well shall be flared or vented only after notice has been given and approval obtained from the Director on a Sundry Notice, Form 4, stating the estimated volume and content of the gas. The notice shall indicate whether the gas contains more than one (1) ppm of hydrogen sulfide. If necessary to protect the public health, safety or welfare, the Director may require the flaring of gas. c. Gas flared, vented or used on the lease shall be estimated based on a gas -oil ratio test or other equivalent test approved by the Director, and reported on Operator's Monthly Production Report, Form 7. d. Prior to flaring of any gas, operators shall construct a special purpose pit in compliance with Rule 903. e. Operators shall notify the local emergency dispatch or the local governmental designee of any natural gas flaring. Notice shall be given prior to flaring when flaring can be reasonably anticipated, or as soon as possible but in no event more than two (2) hours after the flaring occurs. as of March 30, 2003 Table 910-1 ALLOWABLE CONCENTRATIONS AND LEVELS en-FARPOMM.::,M. net 0-k r 'an TPH-Non-Sensitive Area M 1 Mefh6d 8O15.o. mai 10,000 mg/kg TPH-Sensitive Area 1,000 m./k 'rganitc.i.n Ground er Method, Benzene Toluenemm -- - --�m Ethylbenzene Xylene TJnorgan cs in aSolts� Electrical Conductivity (EC) Sodiurn Adsorption Ratio (SAR) 5�gll 1,000 t /I 680 µg/I 10,000x1 ' . <4 mmhos/cm or 2x background <12 H 6-9 _ _ nartis �ti€ausd Water as �._- Total Dissolved Solids (TDS) Chlorides Sulfates Iet,ls, i,n. Sia�1a' Arsenic Barium LDNR True Total Barium Boron Hot Water Soluble Cadmium Chromium Copper <1,25 x background <1.25 x background t <1.25 x background r-- Lead 41 mg/kg 180,000 m+/k. 2 nn /I 26 m 1,500 mg/kg 750 mg/kg 2 300 mg/kg -2 Mercury Moi bdenum Nickel 17 m•/k• 2 210 mg/kg Selenium Silver Zinc 100 mac /kms 2 1,400 mg/kg -7 Concentrations taken from CDPHE-WQCC Concentrations taken from API Metals Guidance: Maximum Soil Concentrations Concentrations are dependent on site-specific conditions Consideration shall be given to background levels in native soils as of March 30, 2003 OUTSIDE SENSITIVE REAS MgMEM New E&P waste management acilities shall be allowed outside Sensitive Areas. Points of Compliance shall be established as appropriate. -Where complaints are made, Points of Compliance may be established or existing acilities. Figure 901-1 SENSITIVE AREA DETERMINATION Decision Tree BOX 1: Is discharge water or waste: >1.25 x background ppm TDS >250 ppm Chloride or 1.25 x background >250 ppm Sulfate or 1.25 x background > 5 ppb Benzene > 1000 ppb Toluene > 680 ppb Ethylbenzene > 10,000 ppb Xylene YES YES BOX 2: Is the site underlain by an unconfined aquifer or recharge zone? IVES BOX 3: is the hydraulic ,conductivity of the underlying soils and geologic material Tess than or equal to 10 _6 cm/sec? 1No BOX 4: Is the site within an area ,classified for domestic use by WQCC, or a local (water supply) wellhead protection area (WHPA)? YES 1NO BOX 5: Is the location within 1/8 mi. of a domestic water well, or 1/4 mi. of a public water supply well, using the same aquifer? YES NO * Additional requirements may be imposed by the Director in accordance with Rule 901.c. BOX 6: Is the depth to the average high ground water table <20', from the deeper of the ground surface, pit bottom or from the point of spill/release? (*see footnote) YES INSIDE SENSITIVE REAS E&P waste management acilities shall not be allowed unless the operator demonstrates no potential for significant adverse environmental impact. -Facilities which are permitted may have Points of Compliance established. as of March 30, 2003 RECLAMATION REGULATIONS 1001. INTRODUCTION a. General. The rules and regulations of this series establish the proper reclamation of the land and soil affected by oil and gas operations and ensure the protection of the topsoil of said land during such operations. The surface of the land shall be restored as nearly as practicable to its condition at the commencement of drilling operations. b. Additional requirements. Notwithstanding the provisions of the 1000 Series rules, when the Director has reasonable cause to believe that a proposed oil and gas operation could result in a significant adverse environmental impact on any air, water, soil, or biological resource, the Director shall conduct an onsite inspection and may request an emergency meeting of the Commission to address the issue. c. Surface owner waiver of 1000 Series rules. The Commission shall riot require compliance with Rules 1002:, 1003., 1004.a., b., or c.(1), (2), or (3), if the operator can demonstrate to the Director's or the Commission's satisfaction that compliance with such rules is not necessary to protect the public health, safety and welfare, including prevention of significant adverse environmental impacts, and that the operator has entered into an agreement with the surface owner regarding topsoil protection and reclamation of the land. Absent bad faith conduct by the operator, penalties may only be imposed for non-compliance with a Commission order issued after a determination that, notwithstanding such agreement, compliance is necessary to protect public health, safety and welfare. Prior to final reclamation approval as to a specific well, the operator shall either comply with the rules or obtain a variance under Rule 502.b. This rule shall not have the effect of relieving an operator from compliance with the 900 Series rules. 1002. SITE PREPARATION a. Effective June 1, 1996: (1) Fencing of drill sites and access roads on crop lands. During drilling operations on crop lands, when requested by the surface owner, the operator shall delineate each drillsite and access road on crop lands constructed after such date by berms, single strand fence or other equivalent method in order to discourage unnecessary surface disturbance. (2) Fencing of reserve pit when livestock is present. During drilling operations where livestock is in the immediate area and is not fenced out by existing fences, the operator, at the request of the surface owner, will install a fence around the reserve pit. (3) Fencing of well sites. Subsequent to drilling operations, where livestock is in the immediate area and is not fenced out by existing fences, the operator, at the request of the surface owner, will install a fence around the wellhead, pit and production equipment to prevent livestock entry. b. Soil removal and segregation. (1) Soil removal and segregation on crop land. As to all excavation operations undertaken after June 1, 1996 on crop land, the operator shall separate and store the various A, B, and C soil horizons separately from one another and mark or document stockpile locations to facilitate subsequent reclamation. When separating soil horizons, the operator shall segregate horizons based upon noted changes in physical characteristics such as color, texture, density or consistency. On crop land below the C horizon, the soil horizons shall also be segregated based on the above noted physical characteristics. Segregation will be performed to the extent practicable to a depth of six (6) feet or bedrock, whichever is shallower. (2) Soil removal and segregation on non crop land. As to all excavation operations undertaken after July 1, 1997 on non crop land, the operator shall separate and store the A soil horizon or the top six (6) inches, whichever is deeper, and mark ordocument stockpile locations to facilitate subsequent reclamation. When separating the A soil horizon, the operator shall segregate the horizon based upon noted changes in physical characteristics such as color, texture, density or consistency. (3) Horizons too rocky or too thin. When the soil horizons are too rocky or too thin for the operator to practicably segregate, then the topsoil shall be segregated to the extent possible and stored. Too rocky shall mean that the soil horizon consists of greater than thirty five percent (35%) by volume rock fragments larger than ten (10) inches in diameter. Too thin shall mean soil horizons that are less than six (6) inches in thickness. The operator shall segregate remaining soils on crop land to the extent practicable to a depth of three (3) feet below the ground surface or bedrock, whichever is shallower, based upon noted changes in as of March 30, 2003 physical characteristics such as color, texture, density or consistency and such soils shall be stockpiled to avoid loss and mixing with other soils. c. Protection of soils. All stockpiled soils shall be protected from degradation due to contamination, compaction and, to the extent practicable, from wind and water erosion during drilling and production operations. d. Drill pad location, The drilling location shall be designed and constructed to provide a safe working area while reasonably minimizing the total surface area disturbed. Consistent with applicable spacing orders and well location orders and regulations, in locating drill pads, steep slopes shall be avoided when reasonably possible. The drill pad site shall be located on the most level location obtainable that will accommodate the intended use. Deep vertical cuts and steep long fill slopes shall be constructed to the least percent slope practical. e. Surface disturbance minimization. In order to reasonably minimize land disturbances and facilitate future reclamation, well sites, production facilities and access roads shall be located, constructed and maintained so as to reasonably control dust, minimize erosion, alteration of natural features and removal of surface materials. f. Access roads. Existing roads shall be used to the greatest extent practicable to avoid erosion and minimize the land area devoted to oil and gas operations. Where feasible and practicable, operators are encouraged to share access roads in developing a field. Where feasible and practicable, roads shall be routed to complement other land usage. To the greatest extent practicable, all vehicles used by the operator, contractors, and other parties associated with the well shall not travel outside of the original access road boundary. Repeated or flagrant instance(s) of failure to restrict lease access to lease roads which result in unreasonable land damage or crop losses shall be subject to a penalty under Rule 523, 1003. INTERIM RECLAMATION a. General. Debris and waste materials other than de minimis amounts, including, but not limited to, concrete, sack bentonite and other drilling mud additives, sand, plastic, pipe and cable, as well as equipment associated with the drilling, re-entry or completion operations shall be removed. All E&P waste shall be handled according to the 900 Series rules. All pits, cellars, rat holes, and other bore holes unnecessary for further lease operations, excluding the drilling pit, will be backfilled as soon as possible after the drilling rig is released to conform with surrounding terrain. On crop land, if requested by the surface owner, temporary guy line anchors shall be removed as soon as reasonably possible after the completion rig is released. When permanent guy line anchors are installed, it shall not be mandatory to remove them. When permanent guy line anchors are installed on cropland, care shall be taken to minimize disruption of cultivation, irrigation, or harvesting operations. If requested by the surface owner or its representative, the anchors shall be specifically marked, in addition to the marking required below, so as to facilitate farming operations. All guy line anchors left buried for future use shall be identified by a marker of bright color not Tess than four (4) feet in height and not greater than one (1) foot east of the guy line anchor. Material may be burned or buried on the premises only with the prior written consent of the surface owner, and with prior written notice to the surface tenant. Such burning or burial may be prohibited by other applicable law. b. Interim reclamation of areas no longer in use. All disturbed areas affected by drilling or subsequent operations, except areas reasonably needed for production operations, shall be reclaimed as early and as nearly as practicable to their original condition and shall be maintained to control dust and minimize erosion. As to crop lands, if subsidence occurs in such areas additional topsoil shall be added to the depression and the land shall be re -leveled as close to its original contour as practicable. Interim reclamation shall occur no later than three (3) months on crop land or twelve (12) months on non -crop land after such operations unless the Director extends the time period because of conditions outside the control of the operator. c. Compaction alleviation. All areas compacted by drilling and subsequent oil and gas operations which are no longer needed following completion of such operations shall be cross -ripped. On crop land, such compaction alleviation operations shall be undertaken when the soil moisture at the time of ripping is below thirty-five percent (35%) of field capacity. Ripping shall be undertaken to a depth of eighteen (18) inches unless and to the extent bed rock is encountered at a shallower depth. d. Drilling pit closure. As part of interim reclamation, drilling pits shall be closed in the following manner: (1) Drilling pit closure on crop land. On crop land water-based bentonitic drilling fluids, except de minimis amounts, shall be removed from the drilling pit and disposed of in accordance with the 900 Series rules. Drilling pit reclamation, including the disposal of drilling fluids and cuttings, shall be performed in a manner so as to not result in the formation of an impermeable barrier. Any cuttings removed from the pit for drying shall be returned to the pit prior to backfilling, and no more than de minimis amounts may be incorporated into the as of March 30, 2003 surface materials. After the drilling pit is sufficiently dry, the pit shall be backfilled. The backfilling of the drilling pit shall be done to return the soils to their original relative positions. (2) Drilling pit closure on non -crop land. All drilling fluids shall be disposed of in accordance with the 900 Series rules. After the drilling pit is sufficiently dry, the pit shall be backfilled. Materials removed from the pit for drying shall be returned to the pit prior to the backfilling. No more than do minimis amounts may be incorporated into the surface materials. The backfilling of the drilling pit will be done to return the soils to their original relative positions so that the muds and associated solids will be confined to the pit and not squeezed out and incorporated in the surface materials. (3) Minimum cover. On crop lands, a minimum of three (3) feet of backfill cover shall be applied over any remaining drilling pit contents. As to both crop lands and non -crop lands, during the two (2) year period following drilling pit closure, if subsidence occurs over the closed drilling pit location additional topsoil shall be added to the depression and the land shall be re -leveled as close to its original contour as practicable. e. Restoration and revegetation. When a well is completed for production, all disturbed areas no longer needed will be restored and revegetated as soon as practicable. (1) Revegetation of crop lands. All segregated soil horizons removed from crop lands shall be replaced to their original relative positions and contour, and shall be tilled adequately to re-establish a proper seedbed. The area shall be treated if necessary and practicable to prevent invasion of undesirable species and noxious weeds, and to control erosion. Any perennial forage crops that were present before disturbance shall be re- established. (2) Revegetation of non -crop lands. All segregated soil horizons removed from non -crop lands shall be replaced to their original relative positions and contour as near as practicable to achieve erosion control and long-term stability, and shall be tilled adequately in order to establish a proper seedbed. The disturbed area then shall be reseeded in the first favorable season. Reseeding with species consistent with the adjacent plant community is encouraged. In the absence of an agreement between tho operator and the affected surface owner as to what seed mix should be used, the operator shall consult with a representative of the local soil conservation district to determine the proper seed mix to use in revegetating the disturbed area. In an area where an operator has drilled or plans to drill multiple wells, in the absence of an agreement between the operator and the affected surface owner, the operator may rely upon previous advice given by the local soil conservation district in determining the proper seed mixes to be used in revegetating each type of terrain upon which operations are to be conducted. f. Weed control. During drilling, production, and reclamation operations, all disturbed areas shall be kept reasonably free of noxious weeds and undesirable species as practicable. 1004. FINAL RECLAMATION OF WELL SITES AND ASSOCIATED PRODUCTION FACILITIES a. Well sites and associated production facilities. Upon the plugging and abandonment of a well, all pits, mouse and rat holes and cellars shall be backfilled. All debris, abandoned gathering line risers and flowline risers, and surface equipment shall be removed within three (3) months of plugging a well. All access roads to plugged and abandoned wells and associated production facilities shall be closed, graded and recontoured. Culverts and any other obstructions that were part of the access road(s) shall be removed. Well locations, access roads and associated facilities shall be reclaimed. As applicable, compaction alleviation, restoration, and revegetation of well sites, associated production facilities, and access roads shall be performed to the same standards as established for interim reclamation under Rule 1003. Material may be burned or buried on the premises only with the prior written consent of the surface owner, and with prior written notice to the surface tenant. Such burning or burial shall be subject to applicable state and focal law. All such reclamation work shall be completed within three (3) months on crop land and twelve (12) months on non -crop land after plugging a well or final closure of associated production facilities. The Director may grant an extension where unusual circumstances are encountered, but every reasonable effort shall be made to complete reclamation before the next local growing season. b. Production and special purpose pit closure. The operator shall comply with the 900 Series rules for the removal or treatment of E&P waste remaining in a production or special purpose pit before the pit may be closed for final reclamation. After any remaining E&P waste is removed or treated, all such pits must be backfilled to return the soils to their original relative positions. As to both crop lands and non -crop lands, if subsidence occurs over closed pit locations, additional topsoil shall be added to the depression and the land shall be re -leveled as close to its original contour as practicable. as of March 30, 2003 c. Final reclamation threshold for release of financial assurance. Successful reclamation of the well site and access road will be considered completed when: (1) On crop land, reclamation has been performed as per Rules 1003. and 1004., and observation by the Director over two growing seasons has indicated no significant unrestored subsidence. (2) On non -crop land, reclamation has been performed as per Rules 1003. and 1004., and the total cover of live perennial vegetation, excluding noxious weeds, provides sufficient soils erosion control as determined by the Director through a visual appraisal. The Director shall consider the total cover of live perennial vegetation of adjacent or nearby undisturbed land, not including overstory or tree canopy cover, having similar soils, slope and aspect of the reclaimed area. (3) Disturbances resulting from flow line installations shall be deemed adequately reclaimed when the disturbed area is reasonably capable of supporting the pre -disturbance land use. (4) A Sundry Notice, Form 4, has been submitted by the operator which describes the final reclamation procedures and any mitigation measures associated with final reclamation performed by the operator, and (5) A final reclamation inspection has been completed by the Director, there are no outstanding compliance issues relating to Commission rules, regulations, orders, permit conditions or the act, and the Director has notified the operator that final reclamation has been approved. as of March 30, 2003 FLOWLINE REGULATIONS 1101. INSTALLATION AND RECLAMATION a. Material. (1) After June 1, 1996, materials for pipe and components shall be: A. Able to maintain the structural integrity of the flowline under temperature, pressure, and other conditions that may be anticipated; B. Compatible with the material to be transported. C. A tracer line or location device will be placed adjacent to or in the trench of all buried nonmetallic flowlines to facilitate the location of such pipelines. b. Design. Each component of a flowline shall be designed to prevent failure from corrosion and be able to withstand anticipated operating pressures and other loadings without impairment of its serviceability. The pipe shall have sufficient wall thickness or be installed with adequate protection to withstand anticipated external pressures and loads that will be imposed on the pipe after installation. c. Cover. (1) All installed flowlines shall have cover sufficient to protect them from damage. On crop land, all flowlines installed after June 1, 1996 shall have a minimum cover of three (3) feet. (2) Where an underground structure, geologic, economic or other uncontrollable condition prevents flowlines from being installed with minimum cover, or when there is an agreement between the surface owner and the operator, the line may be installed with less than minimum cover or above ground. d. Excavation, backfill and reclamation. (1) When flowlines cross crop lands, unless waived by the surface owner, the operator shall segregate topsoil while trenching, and trenches shall be backfilled so that the soils will be returned to their original relative positions and contour. This requirement to segregate and backfill topsoil shall not apply to trenches which are twelve (12) inches or less in width. Reasonable efforts shall be made to run flowlines parallel to crop irrigation rows on flood irrigated land. (2) On crop lands and non -crop lands, flowline trenches will be maintained in order to correct subsidence and reasonably minimize erosion. Interim and final reclamation, including revegetation, shall be performed in accordance with the applicable 1000 Series rules. e. Pressure testing. (1) Before operating a segment of flowline installed after June 1, 1996, it must be tested to maximum anticipated operating pressure. In conducting tests, each operator shall ensure that reasonable precautions are taken to protect its employees and the general public. The testing may be conducted using well head pressure sources and well bore fluids, including natural gas. Such pressure tests shall be repeated once each calendar year to maximum anticipated operating pressure, and operators shall maintain records of such testing for Commission inspection for at least three (3) years. (2) Flowline segments operating at less than fifteen (15) psig are excepted from pressure testing requirements. 1102. OPERATIONS, MAINTENANCE, AND REPAIR a. Maintenance. (1) Each operator shall take reasonable precautions to prevent failures, leakage and corrosion of flowlines. (2) Whenever an operator discovers any condition that could adversely affect the safe and proper operation of its flowline, it shall correct it within a reasonable time. However, if the condition is of such a nature that it presents an immediate hazard to persons or property, the operator shall not operate the affected part of the system until it has corrected the unsafe condition. as of March 30, 2003 b. Flowline repair. (1) Each operator shall, in repairing its flowlines, ensure that the repairs are made in a safe manner and are made so as to prevent injury to persons and damage to property. (2) No operator shall use any pipe, valve, or fitting in repairing flowline facilities unless the components meet the installation requirements of this section. c. Flowline marking. (1) In designated high density areas, and where crossing public rights-of-way or utility easement, a marker shall be installed and maintained to identify the location of flowlines installed after June 1, 1996. (2) The following must be written legibly on a background of sharply contrasting color on each line marker: "Warning", "Caution" or "Danger" followed by the words "gas (or name of natural gas or petroleum transported) pipeline" in letters at least one (1) inch high with one-quarter (1/4) inch stroke and the name of the operator and the telephone number where the operator can be reached at all times. d. One Call participation. As to flowlines, and any other pipeline over which the Commission has jurisdiction, installed after June 1, 1996, each operator shall participate in Colorado's One Call notification system, the requirements of which are established by §9-1.5-101., C.R.S. et seq. 1103. ABANDONMENT Each flowline abandoned in place must be disconnected from all sources and supplies of natural gas and petroleum, purged of liquid hydrocarbons, depleted to atmospheric pressure, and cut off three (3) feet below ground surface, or the depth of the flowline, whichever is less and sealed at the ends. This requirement shall also apply to compressor or gas plant feeder pipelines upon decommissioning or closure of a portion or all of a compressor station or gas plant. as of March 30, 2003 September 8, 2004 Dion Plsek Cordilleran Compliance Services, Inc. 826 21'/2Road Grand Junction, CO 81505 Garfield County BUILDING & PLANNING DEPARTMENT RE: Special Use Permit request for "Processing & Material Handling of Natural Resources" in the ARRD zone district (evaporation pit expansion / amendment) Dear Mx. Plsek, As you are aware, on Tuesday, September 7, 2004, the Board of County Commissioners approved the request for a Special Use Permit for certain upgrades at the Encana / Benzel Water Evaporation Facility with the following conditions: t/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. 1/2. 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. That the Applicant shall comply with the fire protection provisions included in the rules and regulations of the Colorado Oil and Gas Conservation Commission (COGCC) and the National Fire Code as the Code pertains to the operation of this facility. 4. The construction of the new structures at the facility shall be constructed in a manner to V mitigate any existing problems which may occur due to the possibility of shrink -swell characteristics in the soils at the property. 5. The issuance of the SUP shall be subject to an annual review of the water chemistry contained in the evaporation pit at such time when free standing water is within the pit and water samples collected fro the ground water monitoring well. These analyses shall be submitted to the Building and Planning Department on the first day of July for every year the pit is in operation. The cost of this analysis shall be bom entirely by the Applicant. If this water is determined, through these analyses, to be hazardous or toxic based on applicable 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 standards, the Applicant or owner / operator of the facility shall be required to submit an additional SUP to specifically address / mitigate any detected potential hazards. 6. The County reserves the right to retain outside expertise, at the expense of the Applicant / operator of the facility, in order to conduct tests or analyses of the physical nature, water chemistry or groundwater properties on or away from the site. 7. That the Applicant shall submit proof that a site reclamation security of $50,000.00, as required by the COGCC to ensure proper reclamation / rehabilitation of the site has been accepted by the COGCC. 8. That this facility is for the sole use of the Applicant. If any other entities are to be added as users, then they would be subject to an additional SUP as well as rules and regulations as administered by the COGCC. 9. The Applicant shall submit a landscaping plan that provides a natural visual buffer effectively shielding the operation from the people traveling CR 319 using a combination of bushes and trees such that the facility will be at least partially shielded year round. No Special Use Permit shall be issued until such plan has been implemented. 10. That all out-of-state vehicles and equipment associated with the operation of the facility be properly licensed within Garfield County. 11. The Applicant shall submit a fire emergency plan with the City of Rifle Fire Protection District that is consistent with the requirements of the COGCC. 12. The Applicant shall comply with the following requirements in order to mitigate adverse affects of this operation on wildlife as submitted by the. Applicant in Exhibit 0: a. The Applicant shall install an eight -foot high perimeter big -game fence and a two to three -foot -high mesh small game fence immediately surrounding the pond and buried six to eight inches in the ground. b. The Applicant stated'the oil -separation process used at the facility prevents oil from reaching the evaporation pond water. The Applicant shall monitor the pond for the presence of oil as a matter of typical operation and maintenance duties and to prevent wildlife from being harmed. If, in the unlikely event, oil reaches the pond water, the Applicant shall take measures to immediately remove it. c. The Applicant shall be allowed to remove the existing netting over the pond; however, the Applicant shall install a waterfowl deterrence system to take the place of the netting. This deterrent system shall consist of the placement of high -tensile wire at regular intervals across the pond. These wires act as a visual deterrent to birds attempting to land on the water, and as a noise deterrent, as the stretched wire creates an ultrasonic (inaudible to humans) sound. 2 d. The Applicant shall immediately report the death of any migratory bird caused by activities or structures at the facility to the Colorado Division of Wildlife and the United States Fish and Wild ife Service in accordance with state and federal regulations. e. The Applicant shall make every effort to prevent runoff from the facility of any stored liquid, including the water held in the evaporation pond. The Applicant shall follow all applicable State and Federal regulations utilizing best management practices with regard to stormwater pollution prevention and spill prevention and control to preclude impacts to surface water, ground water, or soil. An existing leak detection device is in place beneath the impermeable pond liner to alert operation personnel of a breach in the liner. This device will be maintained and monitored throughout operation of the facility. 13. That the Applicant shall obtain a Watershed District permit from the City of Rifle. This permit shall be approved and submitted to the Building and Planning Department prior to issuance of a Special Use Permit. 14. Prior to the issuance of a Special Use Permit, the Applicant shall submit the following items to the Count Vegetation Manager for approval: A. The Applicant shall map and inventory the property for the County Listed Noxious Weeds. B. The Applicant shall provide a Weed Management Plan for the inventoried noxious weeds. Weed management should occur prior to soil disturbance. The Applicant shall augment the site reclamation plan by providing a plant material list and planting schedule for the reclamation. D. The Applicant shall provide a Mosquito Management Plan that will address how they intend to monitor and manage this site for mosquitoes. 15. The Applicant shall install a stop sign at the entrance / exit to the property and the driveway and shall apply sufficient amount of gravel to the site so that mud is not tracked onto CR 319. These improvements shall be completed to the satisfaction of the County Road and Bridge Department prior to the issuance of a SUP. 16. The Applicant shall submit a "facilities operation report" to the Garfield County Building and Planning Department during the first week of July for every year the facility is in operation. This report shall include an analysis of the water in the evaporation pit and status of the monitoring tube / pipe lying underneath the pit as described in condition #5 above. In addition, this report shall include a status report on,how all of these obligations of the Applicant listed as conditions of approval have been met. 3 Do not hesitate to contact this office in the event you have any questions. Very truly yours, • Fred A. Jarman, AICP, Senior Planner 970.945.8212 REP LY TO ATTENTION OF DEPARTMENT OFTHE ARMY U.S. ARMY ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS 1325 J STREET SACRAMENTO, CALIFORNIA 95It EITi1 V September 10, 2004 Regulatory Branch (200475426) SEP 1 3 2004 8UILO N 3 f', Ri,.d } M N O Mr. Fred Jarman Garfield County Building and Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Dear Mr. Jarman: I am responding to your written request for comment on the Encana Oil and Gas, Special Use Permit request for oil and gas activities at County Road 319. The project is located at Mamm Creek within Section 26, Township 6 South, Range 93 West, Garfield County, Colorado. In accordance with Section 404 of the Clean Water Act, a Department of the Army permit is required for any discharge (including mechanized land clearing) of dredged or fill material in waters of the United States. Within the context of Section 404, "waters of the United States" are defined as the territorial seas; perennial and ephemeral streams; lakes, ponds, impoundments; and wetlands. Federal law requires that any individual or entity proposing to discharge into waters of the United States obtain a Department of the Army permit prior to commencing such work. To aid the applicant, I have enclosed a list of wetland consultants who routinely perform wetland delineations and are familiar with the Section 404 permit process. I have assigned number 200475426 to this project. Please refer to this number if a Department of the Army permit is required on this development project. If you have any questions, please write to me at the address below, email Mark.A.Gilfillan @usace.army.mil or telephone 970-243-1199, extension 15. Sincerely, Inc Mark Gilfilla / Regulatory Pr•ject Manager Colorado/Gunnison Basin Regulatory Office 400 Rood Avenue, Room 142 Grand Junction, Colorado 81501-2563 Enclosure Copy Furnished: Mr. Mark Bean, Garfield County, 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 U.S. Army Corps of Engineers, Sacramento District Colorado/Gunnison Basin Regulatory Office 400 Rood Avenue, Room 142 Grand Junction, Colorado 81501-2563 June 2004 WETLANDS DELINEATION CONSULTANTS -updated biannually Increasingly, potential applicants for Department of the Army permits are hiring environmental consultants to do wetlands determinations and delineations for them. in addition, because of Federal budgetary and work force constraints, we are requesting that many potential applicants have wetlands delineations done by consultants. Under existing constraints, the Corps of Engineers wilt fietd verify as many wettands delineations as possible. We recommend that wetlands delineations performed by consultants be submitted for review and verification at least one month in advance of a submittal of a Department of the Army permit application. All wetlands delineations wit( be reviewed to insure compliance with the methodology contained in the Corps of Engineers Wetlands Delineation Manu l dated January 1987 and that sufficient information is provided to justify the wetlands/upland boundaries as shown on the delineation map(s). To obtain a jurisdictional determination Letter from the Western Colorado Regulatory Office, alk_consyrmtlpreppred wettands detinea ions shalt contain: 1. A wetlands delineation map depicting a point-to-point survey of the wetlands boundary as flagged by the consultant in the field. The consultant should review the survey for accuracy before submittal to this office. We prefer topographic maps with contour intervals of one or two feet and at a scale of 1 inch equals 100 feet. However, these specifications may vary depending upon the scope of the delineation and the nature of the project. In certain situations, a point-to-point survey of the wetlands boundary may not be required. However, the boundary must be reproducible in some manner. The consultant should contact this office for approval before submitting a delineation without a point-to•point survey. In all cases, the wetlands boundary must be marked with survey flagging or stakes in the field before this office will conduct a site inspection to verify the delineation. The ftags or stakes must be sequentially numbered and those numbers shalt appear on the survey for each point; 2. The type(s) of wetlands present, such as riparian willow, wet meadow, marsh, etc.; should be shown on the delineation map. The respective sizes in acres of each type should be included either on the map or in a report; 3. The location of all sample sites should be shown on the delineation map(s); 4. Wetlands delineation data forms, or similar data sheets, for each sample site, cross- referenced to the sites should be shown on the delineation map(s). The data for each sample site shalt clearly list the indicators for the soils, vegetation and hydrotogy, and shall include the basis for determining whether the sample site is wetlands or upland. The number of sampte sites will vary depending upon the size and shape of the wetlands, the degree of difficulty in differentiating wetlands and upland, width of transition zones, etc.; 5. A site location map, preferably a 7.5 -minute USGS quadrangle, shall be included and any other pertinent maps of the site; and 6. A brief written report shall be included with the submittal. This report should list the property owner(s) and/or the developer(s) requesting the delineation. The report shall also describe the nature of the proposed development, end when a permit application will be submitted for the project. Your report should explain the basis for the wetlands boundary location and any problems or questionable areas. The dates of the actual fieldwork should also be included in this narrative. 7. For potential isotated waters, including isolated wetlands, note in your delineation report any observed and/or documented examples that substantiate the rationale for jurisdictional or non - jurisdictional waters of the United States. The Corps of Engineers will acknowledge wetlands delineations that are complete and accurate. In the event that work force constraints preclude timely field verifications, this office may issue a qualified approval. However, prior to definitive regulatory approvals, such as a letter of no Federal jurisdiction, nationwide general permit verification, individual permit issuance, etc., wetlands maps Witt usually be field verified by the Corps of Engineers. 1 We have attached a field data sheet for photocopying and field use. This form should be used for wetlands delineations subject to Corps of Engineers verification. If you and/or your consultants have questions regarding wetlands delineation procedures, please contact the U. S. Army, Corps of Engineers, Sacramento District in Grand Junction, Colorado at telephone number (970) 243-1199. The following list of wetlands delineation consultants is arranged alphabetically and should not be interpreted as preferential. This List shall be accepted and used by the recipient with the explicit understanding that the U. S. Government shall not be under any liability at all to any person because of any use made of this list. The following are categories of a consultant's claimed unique expertise and/or competencies: Wetland delineationl, stream restoration and channel stabilization2, wetland mitigation3, fish habitat improvement4, professional licensed engineering5, Section 404 & Section 10 violation resolution/compliance6 and EA/EIS preparation7. Andrew Antipas Ecological & Environmental Consulting, LLC 0285 Crystal Circle Carbondale, Colorado 81623 (970) 963-8297 Attn: Mr. Andrew Antipas Competencies: 1,3,6,7 Basin Hydrology, Inc PO Box 1076 Steamboat Springs, CO 80477 (970) 879-2922 Attn: Mark Oliver Competencies: 1,2,3,6 Beach Environmentat, LLC. 715 West Main Street Aspen, Colorado 81611 (970) 925-3475 Attn: Mr. Gary Beach Competencies: 1,2,3,5,6 Bio -Environs, Inc. 114 N. Boutevard, Suite 202 Gunnison, Colorado 81230 (970) 641-8749 Attn: Ms. Lynn Cudlip Competencies: 1,3,7 B10 -Logic Environmental 635 East Main Street, Suite 100 Montrose, Colorado 81401 (970) 240-4374 Attn: Ms. Lynn Connaughton Competencies: 1,2,3,4,7 BKS Environmental Associates, Inc. Post Office Box 3467 Gillette, Wyoming 82717 (307) 686-0800 Attn: Ms. Brenda K. Schtadweiler Competencies: 1,3,7 2 Black Creek Hydrology, LLC 10701 Melody Drive, Suite 320 Northglenn, Colorado 80234 (303) 920-2664 Attn: Mr. Steven Betz Competencies: 1,2,3,4,6,7 Cedar Creek Associates, inc. 916 Wiltshire Avenue Fort Coltins, Colorado 80521 (970) 493-4394 Attn: Mr. Stephen G. Long Competencies: 1,2,3,6,7 Cirrus Ecological Solutions, LC 965 South 100 West, Suite 200 Logan, Utah 84321 (435) 787-1490 Attn: Dr. Neal Artz Competencies: 1,2,3,4,7 Claffey Ecological Consulting, inc. 1371 17 Road Fruita, Colorado 81521-9215 (970) 858-1670 Attn: Mr. Michaet Claffey Competencies: 1,2,3,4,6,7 Cordilleran Comptiance Services, Inc. 826 21 'h Road Grand Junction, Cotorado 81505 (970) 263-7800 Attn: Mr. Dion Ptsek Competencies: 1,5,6,7 Dr. Allen 8. Crockett 1060 Cottonwood Circle Golden, Colorado 80401 (303) 443-3282 Competencies: 1,3,4,6,7 Earth Resource Investigations, Inc. 1700 County Road 103 Carbondale, Colorado 81623 (970) 963-1356 Attn: Mr. William N. Johnson Competencies: 1,2,3,4,6 Ecological Resource Consultants, Inc. 5672 Juhls Drive Boulder, Colorado 80301 (720) 564-0788 Attn: Mr. David J. Blauch Competencies: 1,2,3,4,5,6,7 Environmental Solutions 600 County Road 216 Rifle, Colorado, 81650 (970) 618-6847 Attn: Mr. Steve D. Dahmer Competencies: 1,2,3,4,6,7 ERO Resources Corporation 1842 Clarkson Street Denver, Colorado 80218 (303) 830-1188 Attn; Mr. Steve Dougherty Competencies: 1,2,3,6,7 ESCO Associates, Inc. Post Office Box 18775 Boulder, Colorado 80308 (303) 447-2999 Attn: Dr. David L. Buckner Competencies: 1,3 Globs! Wetlands, Ltd. 2069 Fairfax Street Denver, Colorado 80207 (303) 329-0978 Attn: Mr. Mark Rudolph Greystone Environmental Consultants, Inc. 5231 South Quebec Street Greenwood Village, Colorado 80111 (303) 850-0930 Attn: Mr. Paul Avant Competencies: 1,2,3,4,5,6,7 Habitat Management, Inc. 14 Inverness Drive East, Suite G-228 Englewood, Colorado 80122 (303) 770-9788 Attn: Mr. Wayne Erickson or David Wileden Competencies: 1,2,3,4,5,6,7 Huffman & Carpenter, Inc. 700 Smithridge Drive, Suite 102A Reno, Nevada 89502 (775) 828-1991 Attn: Ms. Lori Carpenter Competencies:1,2,3,4,5,6,7 Intermountain Ecosystems 270 East 1230 North Springville, Utah 84663 (801) 489-4590 Attn: Mr. Ron Kass Competencies: none reported Montane Environmental Solutions Limited Post Office Box 281 Silverthorne, Colorado 80498 (970) 468-0450 Attn: Ms. Anna Higgins or Nicola Ripley Competencies: 1,3,6,7 3 Mountain Cross Engineering, Inc. 826 'V2 Grand Avenue Glenwood Springs, Colorado 81601 Attn: Mr. Chris Hate Competencies: 5 Nature Tech Consultant Services Corp. 2452 Patterson Road, Suite 302 Grand Junction, Colorado 81505 (970) 255-6508 Attn: Mr. Michael J. Villa Competencies: 1,2,3,4,5,6,7 Natural Resource Services, Inc. Post Office Box 19332 Boulder, Colorado 80308-2332 800-242-9466 Attn: Mr. Steve C. Johnson Competencies: 1,2,3,4,6,7 Parsons 1700 Broadway, Suite 900 Denver, Colorado 80290 (303) 831-8100 Attn: Mr. Bruce Snyder Competencies: 1,2,3,4,5,6,7 Pioneer Environmental Services 980 West 1800 South Logan, Utah 84321 (435) 753-0033 Attn: Dr. Roy D. Hugie Competencies: 1,2,3,4,6,7 Queen of the River Consultants 13810 North 115th Street Longmont, Colorado 80504 (303) 651-2514 Attn: Mr. Michael J. Mitchell Competencies: 1,2,3,4 Rangeland Resources 0049 Pinon Drive Glenwood Springs, Colorado 81601 (970) 947-1855 Attn: Mr. Larry Robinson Competencies: 1,3,6,7 Rare Earth Science, LLC 844 Grand Avenue Grand Junction, Colorado 81501 (970) 241-1762 Attn: James C. Armstrong Competencies: 1,2,3,4,6,7 Rare Earth Science, LLC Post Office Box 1245 Paonia, Colorado 81428 (970) 527-8445 Attn: Ms. Dawn Reeder Competencies: 1,2,3,4,6,7 Savage and Savage 464 West Sumac Court Louisville, Colorado 80027-2227 (303) 666-7372 Attn: Mr. Michael Savage Competencies: 1,2,3,6,7 Smith EnvironTtntal, Inc. 1001 West 124 Avenue, Suite 210 Westminster, Colorado 80234 (720) 887-4928 Attn: Mr. Peter L. Smith Competencies: 1,2,3,4,5,6,7 Steigers Corporation 1510 West Canal Court, Suite 1000 Littleton, Colorado 80120-5639 (303) 799-3633 Attn: Mr. Hal Copeland or Jonathon Chesser Competencies: 1,2,3,4,6,7 SWCA 295 Interlocken Blvd. Suite 300 Broomfield, Colorado 80021 (303) 487-1183 Attn: Mr. Larry Semo Competencies: none identified Thomas & Thomas 614 North Tejon Street Colorado Springs, Colorado (719) 578-8777 Attn: Mr. Robert Gray Competencies: 1,2,3,7 West Water Engineering 2516 Foresight Circle, #1 Grand Junction, Colorado 81505 (970) 241-7076 Attn: Mr. Michael Klish Competencies: 1,2,3,4,5,6,7 Wright Water Engineers, Inc. 2490 West 26th Avenue, Suite 100A Denver, Colorado 80211 (303) 480-1700 Attn: Mr. David B. Mehan Competencies: 1,2,3,4,5,6,7 Wright Water Engineers, Inc. 818 Colorado Avenue Glenwood Springs, Colorado 81602 (970) 945-7755 Attn: Mr. Jonathan Kelly Competencies: 1,2,3,4,5,6,7 Wright Water Engineers, Inc. 80903 1666 North Main Avenue, Suite C Durango, Colorado 81301 (970) 259-7411 Attn: Mr. Ryan Unterreiner Competencies: 1,2,3,4,5,6,7 Walsh Environmental Scientists & Engineers, LLC 4888 Pearl East Circle, Suite 108 Boulder, Colorado 80301-2475 (303) 443-3282 Attn: Mr. Grant Gurnee' Competencies: 1,2,3,4,5,6,7 Water Resource Consultants, LLC 244 Hutton Avenue Rifle, Colorado 81650 (970) 625-5433 Attn: Mr. Paul C. Currier Competencies: 2,5 Watershed Environmental Consultants, Inc. Post Office Box 3722 Eagle, Colorado 81631 (970) 328-4364 Attn: Ms. Daiva Katieb Competencies: 1,2,3,4,7 Western Bionomics, LLC Natural Resource Mgmt. Services 348 River Road Steamboat Springs, Colorado 80487 (970) 870-9031 or 879-8545 Attn: Mr. Kelly Colfer or Bob Magnuson Competencies: 1,2,3,4,6,7 Western Ecological Resource, Inc. 711 Walnut Street Boulder, Colorado 80302 (303) 449-9009 Attn: Mr. David Johnson Competencies: 1,2,3,6,7 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site:. Dominent Plant Species Stratum Indicator 1 1, Date: • Applicant/Owner: 3, 11. County: 12. Investigator: 13. • B. •• State: 7. Do Normal Circumstances exist on the site? Is the site significantly disturbed (Atypical Situation)? Is the area a potential Problem Area? (If needed, explain on reverse.) Yes Yes Yes No No No Community ID: Transect ID: Plot ID: Remarks: VEGETATION Dominant Plant Species • Stratum Indicator Dominent Plant Species Stratum Indicator 1 1, 9. 2. 10. 3, 11. 4. 12. 5. 13. • B. •• 14. 7. 15. 8. 16. F Percent of Dominant Species that are OBL, FACW or FAC ` {excluding FAC-}. Remarks: HYDROLOGY _ Recorded Data (Describe in Remarks): Stream, Lake, or Tide Gauge Aerial Photographs r_ Other No Recorded Data Available Wetland Hydrology Indicators: Primary indicators: Inundated —_ Saturated in Lipper 12 Inches — Water Marks Drift Lines _ Sediment Deposits _Drainage Patterns in Wetlands Secondary Indicators {2 or more required): Oxidized Root Channels in Upper 12 Inches — Water -Stained Leaves _ Local Soil Survey Data _ FAC -Neutral Test _ Other (Explain in Remarks) Feld Observations: Depth of Surface Water: (in.) Depth to Free Water in Pit: (in.) Depth to Saturated Soil: (in.) Remarks: . SOILS Map Unit Name (Series and Phase): 1 Drainage Class: Taxonomy (Subgroup): Field Observations Confirm Mapped Type? Yes No Profile Description: Mottle Colors Mottle Texture, Concretions, (Munsell Moist) Abundance/Contrast Structure, etc. Depth Matrix Color (inches) Horizon (Munsell Moist) Hydric Soil Indicators: _ Histosol — Hfstic Epipedon , — Sulfidic Odor _ Aquic Moisture Regime _ Reducing Conditions `Gleyed or Low -Chrome Colors — Concretions — High Organic Content in Surface Layer in Sandy Soils —Organic Streaking in Sandy Soils • _Listed on Local Hydric Soils List — Listed on National Hydric Soils List — Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes No (Circle) Wetland Hydrology Present? Yes No Hydric Soils Present? Yes No {Circle} Is this Sampling Point Within a Wetland? Yes No Remarks: Approved by HQUSACE 3/S2