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2.0 BOCC Staff Report 11.10.2014
Board of County Commissioners — Public Hearing Exhibits Water Impoundment, Material Handling, Processing and Storage Limited Impact Review Applicant is WPX Energy Rocky Mountain, LLC November 10, 2014 (File LIPA-8048) Exhibit Letter (Numerical) Exhibit Description 1 Public Hearing Notice Information 2 Proof of Publication 3 Return Receipts from Mailing Notice 4 Photo evidence of Public Notice Posting 5 Garfield County Land Use and Development Code, as amended 6 Garfield County Comprehensive Plan of 2030 7 Application 8 Staff Report 9 Staff Presentation 10 Referral Comments from Garfield County Vegetation Management (dated October 27, 2014) 11 Referral Comments from Garfield County Road and Bridge (dated September 29, 2014) 12 Referral Comments from Mountain Cross Engineering (dated October 22, 2014) 13 Referral Comments from Garfield County Oil and Gas Liaison (Dated October 31, 2014) 14 Referral Comments from JT Jomatztke of Colorado Parks and Wildlife 15 Referral Comments from Garfield County Public Health (Dated October 24, 2014) 16 Letter and supplemental information from Phil Vaughan (Dated October 30, 2014) 17 Letter and supplemental information from Phil Vaughan (Dated October 30, 2014) i.? cifr- (;,-j Vit,, 1p c. i✓tt,�, (<( .(--o,,v, -, «y y. BOCC 11/10/2014 File No. LIPA-8048 DP PROJECT INFORMATION AND STAFF COMMENTS REQUEST APPLICANT — PROPERTY OWNER ASSESSOR'S PARCEL # PROPERTY SIZE LOCATION ACCESS EXISTING ZONING Land Use Change Permit - Limited Impact Review for Water Impoundment, Material Handling, Processing and Storage. WPX Energy Rocky Mountain, LLC 2171-363-00-007 The Site is approximately 37.620 acres on an overall tract of approximately 383.78 acres. The property is located North and adjacent to the Town of Parachute, in Township 6 South, Range 96 West, 6th P.M. Section 35: Lot 16. Section 36: Lots 3,4,5,6, NE/4 SW/4, NW/4 SE/4. Township 7 South, Range 96 West, 6th P.M. Section 1: Lots 3, 4, SW 1 /4 NW 1 /4. Section 2: Lot 1, Garfield County and is part of a property known by Assessor's Parcel No. 217136300007. The facility is accessed by US Highway 6 & 24 and an approximately 1.5 mile section of private gravel roadway. Resource Lands — Gentle Slopes and Lower Valley Floor I. GENERAL PROJECT DESCRIPTION The Applicant is requesting a Limited Impact Review for an existing 37.62 acre Water Impoundment, Material Handling, Processing and Storage (aka Parachute Water Management Facility) within a 383.78 acre parcel owned by WPX Energy Rocky Mountain, LLC. The property is currently developed with initial operations beginning in 1978 and it is currently in violation of the County's Land Use and Development Code. Since then, the site has seen notable expansions in 1988 and 2012. In addition to permitting the existing facility, the Applicant wishes to include new facilities as well, 1 including connecting Ponds 1, 2 and 3 by pipeline; a "Sludge Processing Building" (60' x 45'); and a dewatering operations building (75' x 200'). This facility currently has 2 full time equivalent (FTE) employees onsite as well as several transient employees who periodically visit the site. The site is currently served with restroom facilities, a 500 gallon cistern (water trucked to site from Parachute) and onsite wastewater treatment system (OWTS). The facility is located north of the Town of Parachute and surrounded by primarily oil and gas development and agriculture. The facility is to treat produced water from oil and gas extraction within WPX's service area (see map below). The facility utilizes water impoundments, land farms and dewatering operations to treat the water and separate out particulate matter as described in the application. Water is transported to the site via a combination of pipelines and trucks. The Applicant has provided an affidavit from Bryan Hotard dated February 6, 2014 indicating that all pipelines "have been permitted as applicable, and are in compliance with the current rules and regulations under Article 9 of the Garfield County Land Use and Development Code." At the suggestion of staff, the Applicant did a Boundary Line Adjustment to the property in March 2014 in order to contain the entire 37.62 acre facility on one property with parcel number 2171-363-00-007. Previously, the facility crossed a boundary line between two properties owned by WPX Energy. The access to the site off US Highway 6 & 24 is to be realigned in accordance with CDOT requirements. As a result, the Applicant will be applying for a new CDOT access permit. This is the only access point to the facility from the public road system. The facility is then accessed from approximately 1.5 miles of private gravel roadway which has been in place and in use since the late 1970's. The submitted traffic study, conducted by Felsburg Holt & Ullevig, looked at traffic impacts to County roads within the service area. As a result, the impact areas were broken out into three sections: Route 1, CR 215; Route 2, CR 323; and Route 3, CR 300 and 306. Within each of these impact areas, it was concluded that the facility contributes to 16% or less of the truck traffic and 4% or less of all traffic within each of these areas. This equates to the following breakdown of estimated trips per day: Route 1 (CR 215), 72 trips; Route 2 (CR 323), 18 trips; and Route 3 (CR 300 and 306), 18 trips. 2 Location Map Legend Project Area Subject Parcels 3 mi. Buffer of Subject Parcels Battlement Mesa PUD Town of Parachute Parachute Water Management Facility Vicinity Map 3 Parachute Water Management Facility Service Area YY I,��+ ri27 11113111113 PIS ENERGY la • 26 7.51C 1� 25 � 30 31. ���m�� 17 � m 32 m 28 1 ,34_ I 26 35. 12 13 24 25 36 Ei©0© 2 1 6 8 9 10 11 12 7 18 11111117 16 13 !8 !9 mai � � 24 19 30 29 28 27 26 25 30 1 32 33 34 35 36 31 5 8 17 maga 29 32 4© 9 �� 28 33 + ® 34 2 fi 28 35 6 7 18111 19 30 31 5 8 � 20 29 32 111 9 ' • A 21 28 3 III7 10 el 27 . ' • OH own Ei 10 11 �, 12 • 7 8 s 4 '� .. 7!i' 2 11 t 12 Ell 5 4 3 2 1 6 5 4 3 2 . ingim � 7 8 9 10 11 12 7 8 9 10 11 12 7 8 9 10 -1111 tipL319....q 18 47 1615 i3 117 9•�, 13 18 17 J6 15 14 13 18 14 boo 28 33 FAN 27 34 6 26 35 5 25i 36 19. 0 31 20 29 1111 29 22A 27 34.,35" 23' 26' a� .. 5 19 20 24 111:11121 • 24 19 20 21 22 I, r28 26 28 30....,. 29 28 27 26 25 30 29 28 27 �1 31 32 28 27 26 31 32 33 34 35 36 31 32 33 34 III.Eli 7 18 in f9 ii 30 CI 31 1 6 12 rall 24 wei 30 36 31 6 Pe IC 8 9 17 elan r i 29 28 32 33 5 4 9 r 29 28 32 33 5 �©�a 9 3 EA 10 11 12 13 7 24 18 • Ill 27 26 25 19 8 17 20 9 - 1� 3 10 '16 22 2 1 6 111111 3 2 6 5 4._.. 3 2 1111131 11. -12 7 , 6' 9 a1; 11 12 9. i0 1f 12 JR 9 1d 13 23 24 18 > (um @n�?3 � JS14 111 9T4 17�� 14' 13 1� •' 1 ip 19 20 21 22 23 24 19 0;: , `l 34 35 36 30 29 26 25 ; ®i 29n 8 US 25 30 29 .t`+'ti 'y27 e 30 9 3 2 1 6 10 11 12 7 ;Tl1� 13spa ti� 27 26 30 34 35 a or 10 l® 20 3 32 5 8 4 9 O 28 3330ra 4 9 �IMEEF 3 10 2 •icy :354 ;JB id 6 M 5• 4 3. a 1 g 3S t Subject Site 10 7 8 9 10 cli �; 7 s 9 18 17 !i: 18 1716S -` t425 ,f8 26 25 20 79 20 24 19 r 21 35 2 36 1 311:11 9 28f 33s 34 '35 30 31 29 32 28 33 27 34 26 35 ® pug NM �,ji���J, 11 6,.� 4 3la ppm f0 II 12 �C ,�Y� • IME S 13 C^ig 14 13 7 8 9 10 1 bum 15 J4 13 18� � I 19 MUM 23 24 19 : 2324 18 17 16 15 14 13 19 20 21 22 !!!!I glen' 24 00.751.5 3 4.5 6 Miles 28 IS 30 SI IN��.� 29 Ego 25 30 el 29 32 28 =$34 27 26 35 25 36 19 �kt 1.411100 • 23 n 25km 32 33 34 35 36 31 32 33 Legend Parachute Water Management Facility Area Well Pad Road Service Area Parachute Water Management Facility TtProjects\PlC\GrancValley11410115_ParochuteWaterMonayementFao&tyPerm11SernceAree mod 41:04011 2/18/2014 10 13.55 AM Service Area 4 Development of the Parachute Water Management Facility Over Time September 1993 March 2006 5 August 2011 June 2014 6 Site Plan (Overview) • AJdIIW4 »Lfl riVH itiLLVY alanavWd 77 'N:YiNitOA MOON A'AIdN:i %dN Access Road Water Management Facility 7 Site Plan (Facility) I 51 Sic 35 Separating Tanks, Oil Tanks, Emulsion Tanks, KCL Tanks Land Land Farms NE 1 4 1, - SE 1'I NE 1:1 Sec 2 New Ponds (Existing) 4F' 1'4 N3 I 4 Dewatering Operations Area SW 1:4 NW 1'4 Scv 1 RVY ENERGY IIGCICY 1.101 A, -LC PARACHUTE WATER HANDLING FACILITY 8 Photos of Parachute Water Management Facility (Provided by Applicant) Treating Tanks and North Pond with Truck Unloading in background. Photo taken facing Northeast South Pond. Photo taken facing East. 9 Restroom Facility. Photo taken facing Northwest II. LOCATION - SITE DESCRIPTION The site is currently developed and has been in use in its current configuration for several years. The surrounding area is almost entirely developed for oil and gas extraction with some limited grazing. There is limited residential development in the surrounding area. The surrounding zoning is Resource Lands — Gentle Slopes and Lower Valley Floor with public land nearby. III. PUBLIC COMMENTS AND REFFERAL AGENCY COMMENTS Public Notice was provided for the Board's public hearing in accordance with the Garfield County Land Use and Development Code as amended. No public comments have been received at this time. Comments from referral agencies and County Departments are summarized below and attached as Exhibits. 1. Garfield County Consulting Engineer, Chris Hale, Mountain Cross Engineering: (See Exhibits 12) • The Applicant should provide a CDOT access permit to Garfield County. Conditions of the access permit may revise the entrance design. • The Applicant should explain how runoff is captured and discharged from the ponds in greater detail. It is unclear from the submittals how precipitation is separated from the treatment water. The Applicant should address how 10 precipitation water is released. It is understood that the water being treated is "non -tributary" however the Applicant may need to show legal rights to the precipitation water if being used. • Box culverts are being proposed to replace the CMP pipes and are designed for the 5 -year storm. Statistically speaking, there is a 20% change any given year that water will surcharge the box culvert and overtop the road. The Applicant should address how the overtopping may damage the road and what level of erosion might be expected. Also, the Applicant should address if there is another access available during a flooding event. 2. Garfield County Road and Bridge Department: (See Exhibit 11) • Indicated that Road and Bridge has no issues or comments regarding the proposed development. 3. Garfield County Vegetation Manager: (See Exhibit 10) • Indicated that the Integrated Vegetation and Noxious Weed Management Plan is acceptable. • Only reseeding necessary is where the road will be reconfigured. Overall disturbance is less than 1 acre. 4. Garfield County Oil and Gas Liaison: (See Exhibit 13) • Noted that the Liaison office has received no complaints and has fielded no issues with the facility. 5. Garfield County Public Health: (See Exhibit 15) • Supports the development of a permanent water supply. However, there is some concern that the water quality will be very poor and that hauled water may be a better solution. • Septic tank should be routinely pumped and inspected. • APCD permit was not submitted, but was mentioned in the application. If a permit is necessary then a copy of that permit should be provided along with the application. • Questions as to whether the misting process will increase the rate at which VOCs enter the air. • Recommends monitoring wells be utilized around the treatment plant to ensure no leakage is occurring. 6. Garfield County Emergency Management: • Noted that Emergency Management has no issues with the proposed development. 7. Colorado Parks and Wildlife: (See Exhibit 14) • Noted that they have no issues with the development. 11 8. Other agencies that did not submit comments include: (a) Colorado Department of Transportation, (b) CDPHE APCD, (c) CDPHE WQCD, (d) Grand Valley Fire Protection District, (e) Town of Parachute and (f) Division of Water Resources IV. STAFF COMMENTS AND ANALYSIS In accordance with the Land Use and Development Code, the Applicant has provided detailed responses to the Submittal Requirements and applicable sections of Article 7, Divisions 1, 2, and 3, including Section 7-1001 Industrial Use Standards. The Application materials include an Impact Analysis and related consultant reports, technical studies, and plans. 7-101: Zone District Regulations, & Compatibility The proposed use demonstrates general conformance with applicable Zone District provisions contained in the Land Use and Development Code and in particular Article III standards for the Resource Land — Gentle Slopes and Lower Valley. Floor zone district. 7-102: Comprehensive Plan and Intergovernmental Agreements The Comprehensive Plan 2030 designates the site as Industrial and Resource Production / Natural. A map and excerpts from the Land Use Description Section Chapter 2 and Section 8, Natural Resources are provided below. 12 Comprehensive Plan Designation Approximate Property Boundary following Boundary Line Adjustment Chapter 2 — Land Use Designations Resource Production/ Natural (RPN): Agriculture and grazing land used primarily for oil, gas, oil shale, coal mining, gravel mining, including support buildings and facilities needed for the natural resource extraction industry, and other business uses that can be adequately buffered from adjacent incompatible uses. Also includes areas with significant environmental constraints such as upper plateaus, talus slopes, and steep slopes (over 20%). Private inholding mostly surrounded by public lands with limited public access. Industrial (1): Indoor manufacturing, outdoor equipment storage, business parks, energy processing and uses that produce odor, noise, light, and/or emissions. 13 Section 8 — Natural Resources Issues *The county maintains high air quality standards, however there may be a propensity for air pollutants to exist in the western part of the county Goals 1. Ensure that natural, scenic, ecological, and critical wildlife habitat resources are protected and /or impacts mitigated. 4. Ensure the appropriate reclamation of land after extraction processes. Policies 1. The County will encourage and cooperate with the protection of critical habitat including state and federally protected, threatened, or endangered species. Section 9 - Mineral Extraction Policies 4. Facilities that are appurtenances to oil/ gas development activities (compressors, etc.) are considered appropriate in all land uses so long as they meet the respective mitigation requirements of the LUDC to maintain compatibility with surrounding land uses. The location and design of the proposed facility is in general conformance with the Comprehensive Plan Policies subject to proper mitigation of impacts. The Application has also provided information describing the character of the area and adjacent land uses. The request demonstrates general compatibility with adjoining uses that are primarily oil and gas exploration/production and agricultural associated with cattle grazing. 7-104: Source of Water The Application represents that the facility will be operated with 2 FTE employees onsite as well as 5 transient employees with a demand of 125 gallons per day. The existing Water Management Facility has a restroom facility for these employees. This restroom facility is currently and proposed to continue to be served with a 500 gallon cistern filled as needed with hauled water from Parachute. The LUDC permits an exemption from having an adequate, reliable, physical, long-term and legal water supply if the facility is unmanned (land use does not require water) or it is Temporary (for a duration of 1 year or less). As the facility has 2 FTE employees onsite and is not temporary, the LUDC states that the Applicant should demonstrate that an adequate, reliable, physical, long - 14 term, and legal water supply is available to serve the use. More fully, the LUDC Section 7-104 states: All applications for Land Use Change Permits shall have an adequate, reliable, physical, long-term, and legal water supply to serve the use, except for land uses that do not require water, or that contain Temporary Facilities served by a licensed water hauler. A. BOCC Determination. The BOCC, pursuant to C.R.S. § 29-20-301, et seq., shall not approve an application for a Land Use Change Permit, including divisions of land, unless it determines in its sole discretion, after considering the application and all of the information provided, that the Applicant has satisfactorily demonstrated that the proposed water supply will be adequate... In addition, the Applicant has provided a letter from Paul Currier, P.E. dated August 21, 2014, which states: From a groundwater and aquifer perspective, the site is underlain by 15 to 30 feet of clayey colluvium soils below which is thick Wasatch bedrock composed of low permeability interbedded shales, mudstones, siltstones and clays. The colluvium has a high clay content which greatly impedes movement of water. The Wasatch formation is typically several thousand feet thick and is known for being a poor source of water for domestic and irrigation water. Wells that have been completed in the formation are often brackish and are usually low volume and of little domestic or commercial use. The Wasatch formation is effectively an aquitard that inhibits the travel of water from higher to lower phreatic elevations. Underlying the Wasatch formation is the extensive Mesa Verde formation, from which most oil and gas extraction in the Piceance Basin takes place. Garfield County Public Health has also submitted comments indicating that: Due to the challenges associated with obtaining quality groundwater at a reasonable depth in that area as outlined in the water supply plan, it could be a better drinking water source for employees to continue use of the cistern. As a result, the Applicant has requested a waiver from Standards Section 7-104 and is asking to maintain the use of a 500 gallon cistern instead of permitting and drilling a well for the long term water supply. As is quoted above in Section 7-104(A), the BOCC, in its sole discretion, has the ability to make a determination whether the proposed water supply will be adequate based on all available information. Provided that the existing system is in place, a professional engineer has indicated that soil formations are not conducive to domestic or commercial uses and Garfield County Public Health does not support the use of a water well in this area for drinking water, Staff supports the 15 Applicant's request for a waiver from Standards Section 7-104. Staff recommends a condition of approval requiring that the cistern be at least 500 gallons and that all water supplied be from a licensed water hauler. 7-105: Waste Water Systems As noted previously, the Water Management Facility has 2 FTE employees and 5 transient employees at the site. As a result, the Operator has permanent restroom facilities onsite. These facilities are served by an Onsite Wastewater Treatment System (OWTS) that has been permitted with the County under Permit #Sept -1-12-2336. To this end, it is Staff's opinion that the existing OWTS is adequate to serve the proposed use. 7-106: Public Utilities Adequate public utilities are in place to serve the use. Electricity is to be provided by Xcel Energy. 7-107: Access & Roadways The Applicant accesses the property from U.S. Highway 6 & 24 via an approximately 1.5 mile long private access road maintained by WPX Energy. The submittals include detailed descriptions of the roadway as currently in use. The Applicant is proposing to upgrade the whole access road to a gravel surfaced Secondary Access that will meet the Standards in Section 7-107, including no incline greater than 10%. This standard is for a design capacity of 201-400 Average Daily Trips (ADT) and is appropriate based on the submitted traffic study. This upgrade would not include the installation of 2 box culverts at specific locations in order to accommodate a 25 year storm event as recommended by the Applicants engineer, Michael Erion P.E. Instead, the submittal includes culverts to withstand a 5 -year event. This design has been reviewed by the County contract engineer who has expressed concern regarding overtopping of the roadway should it be designed to only withstand a 5 -year event. Yancy Nichol of Sopris Engineering has provided a response letter (Exhibit 17) on behalf of the Applicant explaining why the culverts were ultimately designed for a 5 -year instead of a 25 -year event. Staff recommends a condition of approval requiring demonstration that all improvements have been made and are consistent with the Secondary Access standards outlined in Section 7-107. These improvements should be completed prior to issuance of the Land Use Change Permit. Specifically, Chris Hale of Mountain Cross Engineering, the County contract engineer, had the following observation (Exhibit 12): Box culverts are being proposed to replace the CMP pipes and are designed for a 5 -year storm. Statistically speaking, there is a 20% chance any given year that water will surcharge the box culvert and overtop the road. The Applicant should address how the overtopping may damage the road and what level of erosion might be expected. Also, the Applicant should address if there is another access available during a flooding event. 16 Staff suggests a condition of approval that the Applicant respond to Mr. Hales concerns prior to issuance of the Land Use Change Permit or upgrade the design to withstand a 25 -year storm. The Applicant submitted a Basic Traffic Analysis for the access point onto US Highway 6 & 24. The report's conclusion and existing traffic conditions at this intersection are noted below. As is noted by Mr. Hales review, the CDOT access permit has not been submitted. As a condition of approval staff suggests that the access permit be submitted once it is issued since the conditions of approval could revise the entrance design. The study concludes that: Currently, the access point onto US 6 is directly adjacent to the American Soda railroad spur crossing / crossing gates. The proximity of the access to the railroad crossing creates significant issues for vehicles attempting to enter the property. To improve the existing situation, the US 6 access would be moved east approximately 50 feet to provide separation between the access point and the railroad crossing. The results of the analysis show that the access point would operate with an acceptable level of service during the build -out and long term future horizon years without warranting additional auxiliary turn lanes. Existing Traffic Conditions Site Access 10(6) 11(38) 0(1) A US 6 13(32) 33(26) 7(7) LC) 0 0 0 M r LEGEND xxx(xxxl = AM(PM) Peak Hour Traffic Volumes = AM/PM Peak Hour Unsignalized Intersection Level of Service i = Stop Sign 17 The Applicant also submitted a traffic study, conducted by Felsburg Holt & Ullevig dated April 29th, 2014, that looked at traffic impacts to County roads within the service area. As a result, the impact areas were broken out into three sections: Route 1, CR 215; Route 2, CR 323; and Route 3, CR 300 and 306. Within each of these impact areas, it was concluded that the facility contributes to 16% of less of the truck traffic and 4% or less of all traffic within each of these areas. This equates to the following breakdown of estimated trips per day: Route 1 (CR 215), 72 trips; Route 2 (CR 323), 18 trips; and Route 3 (CR 300 and 306), 18 trips. As there are no County Road segments or intersections that will be impacted with an increase in ADT of 20% or more, a detailed traffic analysis is not necessary. Garfield County Road and Bridge has indicated that they have no concerns with the development as the impact the County roadways is minimal. 7-108: Natural Hazards The Application provides information on natural hazards including information on soils, geology, and slopes associated with the site. The information supports a determination that the proposed use is not subject to significant natural hazard risks. The Applicant submitted a Geologic Evaluation and Geotechnical Investigation conducted by CTL Thompson, dated September 17, 2013. The study concludes: Based on the results of our geologic and geologic hazard evaluations, the site is not subject to natural or geologic hazards. Natural or geologic hazards should not adversely affect the facility. Based on information from our exploratory boring and laboratory testing, the soils and bedrock should not have a significant adverse influence on the facility. 7-109: Fire Protection The Application includes the Emergency Response Plan for the site. The Application was referred to the Grand Valley Fire Protection District but the District did not supply comments. However, the Applicant has supplied a letter from the Grand Valley Fire Protection District, dated May 18, 2010. This letter indicates the following: This letter is to serve as documentation of our meeting on May 13, 2010. On this day we drove to the site to observe the terrain of the access road into the water handling facility. 1 was made aware that the grades of portions of the access road are above what the International Fire Code edition 2003 maximum requirement of a 10% grade. These grades are around 11.9% per your surveys. 1 will approve the grades as long as no improvements cause these grades to be any steeper. The entire access road must meet the minimum requirement of 20 feet across and there cannot be any parking along the roadway. If you see this to be a problem then you may want to meet the 26 feet across requirement by fire code. This will allow parking on one side only and must be posted as such. 18 The Applicant has indicated that they are agreeable to the requests by the Fire Protection District. With exception to the parking moratorium, the requirements for no more than an 11.9% grade and for the roadway surface to be at least 20 ft. across will be accomplished through compliance with Section 7-107, Secondary Access standards. Staff recommends a requirement that no parking be allowed along the access road as a condition of approval. 7-201: Agricultural Lands The Applicant has indicated that this land has never been irrigated farm land and as a result the facility will have no impacts on existing agricultural lands. In addition, as the site is fenced and access roads equipped with cattle guards, no domestic animals will be able to get onsite. There are no irrigation ditches within the proposed site. 7-202: Wildlife Habitat Areas The Applicant has provided a wildlife habitat study completed by WestWater Engineering (dated September 2013). The study concluded "The development of the project is not expected to significantly affect any wildlife species." No other threatened, endangered, proposed, candidate or other sensitive species were noted to occur in the project area. However, several noxious weeds were found on the site. Several noxious weeds were identified on the property including cheatgrass, halogeton, and jointed goatgrass. In addition, in areas where soil disturbance has occurred, several species of nuisance, non -listed weeds were also observed. The Applicant has stated that ongoing weed management will occur in accordance with the submitted plan. 7-203: Protection of Water Bodies The site location is not in close proximity of an active water body. The nearest water feature is approximately 900 feet from the subject area. Due to this distance, impacts to water bodies are not anticipated. The Applicant has identified that the construction of one of the culverts for the access road is a jurisdictional drainage and it is eligible for a Nationwide Permit from the Army Corps of Engineers. The Applicant will need to obtain any necessary permits from the Army Corps of Engineers prior to installing the culverts as proposed. 7-204: Drainage and Erosion (Stormwater) The Applicant has provided a copy of Field Wide Storm Water Management Plan (SWMP) and the Site Specific SWMP. The Applicant has also provided a Master Drainage Report, reclamation plans and the Spill Prevention and Countermeasure Plan. The grading and drainage report also includes specific profiles and plans for the access road. These documents were referred to the Garfield County contract engineer for 19 review. It appears that the documents are satisfactory and conform to the standards found in the Code. Mr. Hale has noted the following, however: The Applicant should explain how runoff is captured and discharged from the ponds in greater detail. It is unclear from the submittals how precipitation is separated from the treatment water. The Applicant should address how precipitation water is released. It is understood that the water being treated is "non -tributary" however the Applicant may need to show legal rights to the precipitation water if being used. Staff recommends a condition of approval that addresses Mr. Hales concerns. 7-205 Environmental Quality The Applicant has stated that a CDPHE Stormwater Discharge Permit and CDPHE Air Permit have been issued on 7/1/2007 and 2/28/2013, respectively. Morgan Hill of Garfield County Public Health (Exhibit 15) identified that the misting may increase VOC emissions. Staff recommends a condition of approval that an explanation of how the misting may impact air quality as well as how misting is addressed within the CDPHE Air Permit be provided to Ms. Hill for her review prior to issuance of the Land Use Change Permit. In addition, Garfield County Public Health identified the possible need for monitoring wells surrounding the water impoundment. The Applicant has provided a response letter from Water Resource Consultants (Exhibit 16) describing the leak detection system in greater detail. 7-206: Wildfire Hazards No comments were received from the Fire Protection District beyond the letter submitted by the Applicant dated May 18, 2010. The facility is not located within a "very high" wildland fire susceptibility designation according to the Community Wildfire Protection Plan and is designated as low fire danger according to the County GIS 30 -meter fire analysis. All roofs are to be constructed of a noncombustible material. To this end, it is Staff's opinion that the wildland fire danger is within manageable levels. 7-207 Natural and Geologic Hazards See Section 7-108, above. 20 7-208: Reclamation The Applicant has included two reclamation plans with this application that address re - vegetation and reclamation (Grand Valley Mesa Reclamation Area — Reclamation Methods and Procedures, dated June 30, 2010; and WPX Energy Parachute Dewatering Facility — Reclamation Plan dated November 2013). These plans have been reviewed by the Garfield County Vegetation Manager. 7-301 & 302: Compatible Design, Parking, and Loading The proposed use is consistent and compatible with typical oil and gas exploration and production activities in the area. Large areas of the site plan are available for parking, circulation, and loading activities. Because the surrounding properties are zoned Resource Lands, a Light Industrial Zone noise standard has been applied. The Applicant has submitted a Noise and Vibration Compliance Analysis for the Parachute Water Management Facility which provides the following analysis: All of the prediction points shown are located 350 feet from the noise - producing equipment at the Facility, which is where compliance with COGCC Rule 802 is to be assessed. The predicted levels range from 32 dBA to 53 dBA, and are all well under the applicable COGCC limits (For Light Industrial Uses) of 65 dBA to 75 dBA. The predicted noise level at the nearest residence resulting from the operation of the expanded Facility is 21 dBA, which will be inaudible. Q Noise Prediction Location • Loading,Unloading Station o Pump House o Truck Pump o Aerator Pump • Dewatering Centrifuge • Wheel Loader 1 Figure 4: Predicted Noise Levels from the Expanded Parachute Water Management Facility 21 7-303: Landscaping As an industrial use, landscaping submittals and standards are not applicable to the proposal. 7-304: Lighting The Applicant has represented that all lighting is and will be directed inward, toward the interior of the site. Any lighting that is considered in the future shall be limited to down directed, shielded and internally oriented fixtures in accordance with the County's lighting standards. 7-305 Snow Storage Adequate portions of the site plan including areas adjacent to the proposed storage area are available for snow storage. 7-306 Trails Trails standards are generally not applicable based on the industrial nature of the proposal and surrounding uses. 7-1001 INDUSTRIAL USE STANDARDS The Applicant represents that the facility will comply with all the Industrial Use Standards contained in Section 1001. The following summary addresses the applicable provisions. A. Residential Subdivisions The facility is located on a 383.78 -acre tract of property in a remote area of Garfield County and is not within a platted subdivision. B. Setbacks The proposed facility is closer than 100 feet from the adjacent property line however the adjacent property is not residential. The facility will be approximately 850 feet from the nearest residential property line. C. Concealing and Screening Although the site is visible from certain public vantage points, the site is screened from most adjacent properties by topography and geographical features. In addition, the majority of the uses will occur within enclosed buildings. 22 D. Storing The Applicant has represented that all storage will be conducted in accordance with the requirements in the LUDC. All industrial products and wastes will be transported and stored in accordance with all applicable state and federal regulations. See the above discussion in Section B regarding setbacks. E. Industrial Wastes All industrial wastes will be handled and transported in compliance with all applicable local, state and federal laws. F. Noise See discussion in Section 7-301 and 7-302, above. G. Ground Vibration The Applicant submitted a study conducted by Hankard Environmental, dated September 26, 2013 that indicates that no ground vibration was perceptible at the property boundaries at the time of the site visit. H. Hours of Operation The facility will operate 24 hours per day, 7 days per week. In accordance with this Section of the LUDC, the BOCC may approve hours that extend beyond 7 AM to 7 PM Monday through Saturday. I. Interference, Nuisance, or Hazard The Applicant has represented that the facility will not emit heat, glare, radiation or fumes Northat will interfere with adjacent properties or constitute a public nuisance or hazard. V. SUPPLEMENTAL AND ADDITIONAL STAFF ANALYSIS The Applicant has provided a response to Exhibit 15, Referral comments from Garfield County Public Health. This new information is included as Exhibit 16 and includes the CDPHE APCD Construction Permit as well as a letter from Paul Currier, PE of Water Resource Consultants. The letter from Mr. Currier outlines the leak detection system in place and responds to the request for more information on monitoring wells. The Applicant has also provided a response to Exhibit 12, Referral comments from Garfield County Contract Engineer. The new information is included as Exhibit 17 and includes a letter from Yancy Nicol, PE of Sopris Engineering. The letter from Mr. Nichol 23 responds to the overtopping issue as identified by the Garfield County Contract Engineer as the culverts are only designed for a 5 -year event. VI. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. The hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons the proposed Land Use Change Permit for a Water Impoundment, Material Handling, Processing and Storage facility is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoption of waiver from the Source of Water standards, the application has adequately met the requirements of the Garfield County Land Use and Development Code, Section 7-104. 6. That with the adoption of the Conditions of Approval the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. VII. RECOMMENDATION The following recommended conditions of approval are provided for the Board of County Commissioners consideration. Conditions Prior to Issuance 1. The Applicant shall demonstrate that all improvements have been made to the access road which are consistent with the Secondary Access standards outlined in Section 7-107. Demonstration that these improvements are complete shall be submitted and reviewed by the Garfield County contract engineer prior to issuance of the Land Use Change Permit. The box culverts that are being proposed to replace the CMP pipes are designed for a 5 -year storm. Statistically speaking, there is a 20% chance any given year that 24 water will surcharge the box culvert and overtop the road. The Applicant shall address how the overtopping may damage the road and what level of erosion might be expected. As an alternative, the Applicant may redesign the culverts to accommodate a 25 -year storm. Also, the Applicant shall address if there is another access available during a flooding event. This information shall be submitted and reviewed by the Garfield County contract engineer prior to issuance of the Land Use Change Permit. 3. The Applicant shall submit the new CDOT access permit once it is issued. The new access permit shall be reviewed by the Garfield County contract engineer prior to issuance of the Land Use Change Permit. The Applicant shall provide an explanation of how runoff is captured and discharged from the ponds. It is unclear from the submittals how precipitation is separated from the treatment water. The Applicant should address how precipitation water is released. It is understood that the water being treated is "non -tributary" however the Applicant may need to show legal rights to the precipitation water if being used. This explanation shall be submitted and reviewed by the Garfield County contract engineer prior to issuance of the Land Use Change Permit. The Applicant shall provide an explanation of how the misting may impact air quality as well as how misting is addressed within the CDPHE Air Permit. This explanation shall be provided to Garfield County Environmental Health for review prior to issuance of the Land Use Change Permit. Other Conditions 6. That all representations made by the Applicant in the application shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 7. That the operation of the Water Impoundment, Material Handling, Processing and Storage facility shall be done in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility. 8. The facility shall maintain compliance with Storm Water Management Plan, Drainage and Grading Plans and Reclamation for the site. 9. The Applicant shall control fugitive dust during the operation of the site. 10. The facility shall maintain compliance with Section 7-306 Lighting, with all lighting to be directed inward and downward toward the interior of the site. Facilities shall be painted a non -glare neutral color to lessen any visual impacts. 25 11. The Applicant shall comply with the submitted Noxious Weed Management Plan including the best management practices. 12. The hours of operation for the site shall be 24 hours per day, 7 days per week. 13. No parking shall be permitted along the access road in order to ensure adequate fire protection access. 14. A minimum of a 500 gallon fresh water cistern shall be maintained with water to supply the restroom facility. The water shall be provided by a licensed water hauler. 26 EXHIBIT 1 PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action. 0✓ My application required written/mailed notice to adjacent property owners and mineral owners. X Mailed notice was completed on the 22nd day of September , 2014. X All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice. X All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list] ■ Please attach proof of certified, return receipt requested mailed notice. • My application required Published notice. X Notice was published on the 18th day of September , 2014. ■ Please attach proof of publication in the Rifle Citizen Telegram. ✓0 My application required Posting of Notice. X Notice was posted on the 22nd day of September , 2014. X Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify that the above information is true and accurate. Name: Ph'=p B. Vaughan Date: 10/31/14 Ad Name: 10537918A Customer: Phil Vaughan Construction Your account number is: 1023517 PROOF OF PUBLICATION THE RIFLE CITIZEN TELEGRAM STATE OF COLORADO, COUNTY OF GARFIELD I, Michael Bennett, do solemnly swear that I am Publisher of The Rifle Citizen Telegram, that the same weekly newspaper printed, in whole or in part and published in the County of Garfield, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Garfield for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 9/18/2014 and that the last publication of said notice was dated 9/18/2014 the issue of said newspaper. In witness whereof, 1 have here unto 09/24/2014. y hand this Michael Bennett, Publisher Publisher Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado this 09/24/2014. My Commission Expires 1110112015 )A4441 -t Pamela J. Schultz, Notary Public My Commission expires: November 1, 2015 PUBLIC NOTICE TAKE NOTICE that WPX Energy Rocky Mountain, LLC, has applied to the Board of County Commis- sioners, Garfield County, State or Colorado. to re- quest approval for a Land Use Change Permit on a property situated inlhe County of Garfield, State of Colorado; to -w4: Leoal Description: Township 6 South, Range 96 West, 6th P.M. Section 3S: Lot 16. Section 36: Lots 3.4.5,6. NE14 SW/4, NW/4 5614. Township 7 South, Range 98 West. 6th P.M. Section 1: Lots 3, 4. SW 1 /4 NW 114. Section 2: Lot 1. Garfield County, Colorado. Practical Description' North and adjacent to the Town of Parachute and is part of a property known by Assessor's Parcel No. 2171-363-00-007. Pjoiegr Descriotiop• This is a Limited Impact Re- view Land Use Change Permit for Water Im- poundment. Material Handling. Processing and Storage (Parachute Water Management Facility for WPX Energy) within a 37.62 acre portion of a larg- er 383.78 acre parcel. The Property is zoned Re- source Lands - Gentle Slopes and Lower Valley Floor. All persons affected by rhe proposed plan are invit- ed to appear and state their views, protest or sup- port. 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. The applica- tion may be reviewed at the office of the Planning Department located at 108 8th Street, Suite 401, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m.. Monday through Friday. A public hearing on the application has boon scheduled for Monday, November 10, 2014 et 1:00 P.M. in the in the County Commissioners Meeting Room, Garfield County Administration Budding, 108 8th Street, Glenwood Springs, Colo- rado, Planning Department Garfield County Published in the Citizen Telegram September 18, 2014. (10537918) iri�l y�askyllinki MANAMA', ikt 1038 Cowry Rd 323\x,. R RE, CO 81650 1r.it a\ WPX Energy Rocky Mountain, LLC Parachute Water Management Facility Limited Impact Review Permit Submittal Item Tab 6- Listing of Adjacent Property Owners adjacent to or within 200' of the subject property Section 4-101 E.3. Landowners are identified by Garfield County Assessor's Parcel Number. This information is accurate as of 8/17/14. A. Mineral Ownership- Please find attached a 6/11/14 letter from Bryan Hotard, Certified Professional Landman, identifying minerals ownership beneath the facility and the access road. 1 I . WPX Energy Rocky Mountain, LLC Attn. Chris Walsh 1007 17th Street, Suite 1200 Denver, CO 80202 j 1 2. Exxon Mobil Corporation Attn. Tom Adams 16285 Northchase Dr. Ste 200 Houston, TX 77060 3. Leborgne Land Company 59 Garrison Ct. Grand Junction, CO 81506 1 44. Yates Petroleum Corporation Attn. Kathy Porter 105 S. 4th St. Artesia, NM 88210 Page 1 of 8 g5. ABO Petroleum Corporation Attn. Kathy Porter 105 S. 4th St. Artesia, NM 88210 J(6. MYCO Industries, Inc. Attn. Kathy Porter 105 S. 4th St. Artesia, NM 88210 OXY Y-1 Company Attn. Ryan Fitzpatrick 5 Greenway Plaza, Suite 110 Houston, TX 77046-0521 8. ExxonMobil Attn: P. Keifer XTO Energy Inc. 810 Houston St. Fort Worth, TX 76102 9. EnCana Oil & Gas (USA) Inc. Attn. Kirsten Orahood 370 17th St., Ste 1700 Denver, CO 80202 1 10. Firetrucks Northwest Inc. Attn. Joseph F. Feeley, Jr. P.O. Box 460 DeBeque, CO 81630 / 11. Sarah Del Orona & Howard Orona P.O. Box 1 Parachute, CO 81635 B. Surface Ownership Please find attached a map "Parachute Water Management Facility- Adjacent Land Owners" dated 7/1/14 noting surface ownership. / j( 1. Parcel #2171-363-00-007 (Subject Property) WPX Energy Rocky Mountain, LLC Attn. Bryan S. Hotard P.O. Box 370 Parachute, CO 81635 Page 2 of 8 4\2. Parcel #2409-014-00-011 WPX Energy Rocky Mountain, LLC Attn. Merit Advisors LP P.O. Box 330 Gainsville, TX 76241 43. Parcel #2407-061-00-139 Exxon Mobil Corporation PO Box 53 Houston, TX 77001-0053 1 ‘1(4. Parcel #2407-062-00-007 Mobil Oil Corp PO Box 53 Houston, TX 77001-0053 1 q5. Parcel #2409-121-00-026 Town of Parachute PO Box 100 Parachute, CO 81635-0100 6. Parcel #2409-014-01-001 Clear Creek Ranch LLC' PO Box 301 Parachute, CO 81635 7. Parcel #2409-014-01-002 Clear Creek Ranch LLC PO Box 301 Parachute, CO 81635 A8. Parcel #2409-014-01-003 Clear Creek Ranch LLC PO Box 301 Parachute, CO 81635 Page 3 of 8 )(9. Parcel #2409-014-01-004 Clear Creek Ranch LLC PO Box 301 Parachute, CO 81635 X10. Parcel #2409-014-01-005 Clear Creek Ranch•LLC PO Box 301 Parachute, CO 81635 J(11. Parcel #2409-014-01-006 Clear Creek Ranch LLC PO Box 301 Parachute, CO 81635 q12. Parcel #2409-014-01-008 Clear Creek Ranch LLC PO Box 301 . Parachute, CO 81635 J( 13. Parcel #2409-014-01-009 Clear Creek Ranch LLC PO Box 301 Parachute, CO 81635 14. Parcel #2409-014-01-010 Clear Creek Rancll LLC PO Box 301 Parachute, CO 81635 01\15. Parcel #2409-014-01-011 Clear Creek Ranch LLC PO Box 301 Parachute, CO 81635 Page 4 of 8 J(16. Parcel #2409-014-01-012 Clear Creek Ranch LLC PO Box 301 Parachute, CO 81635 3( 17. Parcel #2409-014-01-013 Clear Creek Ranch LLC PO Box 301 Parachute, CO 81635 j(18. Parcel #2409-014-01-014 Clear Creek Ranch LLC PO Box 301 , Parachute, CO 81635 4 19. Parcel #2409-014-01-015 Clear Creek Ranch LLC PO Box 301 Parachute, CO 81635 j 20. Parcel #2409-014-01-016 Clear Creek Ranch LLC PO Box 301 Parachute, CO 81635 j( 21. Parcel #2409-014-01-017 Clear Creek Ranch LLC PO Box 301 Parachute, CO 81635 22. Parcel #2409-014-01-018 Clear Creek Ranch LLC PO Box 301 Parachute, ' CO 81635 Page 5 of 8 Q3. Parcel #2409-014-01-019 Clear Creek Ranch LLC PO Box 301 Parachute, CO 81635 424. Parcel #2409-014-01-020 Clear Creek Ranch LLC PO Box 301 Parachute, CO 81635 (25. Parcel #2409-014-01-021 Clear Creek Ranch LLC PO Box 301 Parachute, CO 81635 26. Parcel #2409-014-01-007 Town of Parachute PO Box 100 Parachute, CO 81635-0100 4 27. Parcel #2409-121-00-030 Clear Creek Ranch LLC PO Box 301 Parachute, CO 81635 1 f 28. Parcel #2409-013-00-001 Exxon Mobil Corporation Attn. Exxon CO USA PO Box 53 Houston, TX 77001-0053 k J 29. Parcel #2409-121-00-027 Exxon Mobil Corporation Attn. Exxon CO USA PO Box 53 Houston, TX 77001-0053 Page 6 of 8 130. Parcel #2409-013-00-002 Red Point LLC 808 County Road 215 Parachute, CO 81635 .k /31. Parcel #2409-013-00-009 WPX Energy Rocky Mountain, LLC Attn. Bryan S. Hotard P.O. Box 370 Parachute, CO 81635 `V J32. Parcel #2409-013-00-003 WPX Energy Rocky Mountain, LLC Attn. Bryan S. Hotard P.O. Box 370 Parachute, CO 81635 33. Parcel #2409-013-00-008 Red Point LLC 808 County Road 215 Parachute, CO 81635 \.% 34. Parcel #2171-354-00-960 Bureau of Land Management Attn: Colorado River Valley Field Office 2300 River Frontage Road Silt, CO 81652 3(,J 35. Parcel #2409-011-00-951 US Naval Oil Shale Reserve Attn. US Dept of Energy 1000 Independence Avenue SW Washington, DC 20585 '(1/36. Parcel #2407-062-00-952 US Naval Oil Shale Reserve Attn. US Dept of Energy 1000 Independence Avenue SW Washington, DC 20585 Page 7 of 8 J37. Parcel #2171-362-00-961 US Naval Oil Shale Reserve Attn. US Dept of Energy 1000 Independence Avenue SW Washington, DC 20585 38. Parcel #2409-022-00-148 American Soda, LLP Attn: ITM Services PO Box 672346 Houston, TX 77267-2346 Thank you for your assistance on this project. Please contact me with any questions. Sincerely F‘,&loc? \,°,4 ---- Philip B. Vaughan President PVCMI-Land Planning Division Page 8 of 8 1.'":1303 a ta',c we cc DLLJQ lL w p' a pT ee• S N ? M 88 M r► m 0. Certified Fee LL 0 0 0 0 ESSE SLOh TOGO DOSE 'C'COL alklinlarownimataikamsweimmli gg;g1 cad ." 4,0 b N� E o._ t.o c, d I WI c.e%i>sr�g X 1� . ■ ■ 000 13❑❑ 13 a 1 7011 3500 0001 4075 3553 8 1 1 8 PS Form 3811, February 2004 va M K M N 0. Totai Postage & Fees co City, State, ZIP 9hSE SLOh T000 DOSE VIOL 0 0 0 W 0 U d X AigH (3'8E10 1.3 Q a a 0 U to FINIC4111M1 0 0 0 w ' 8— ggsm a y °� of,• eo ,EUV mg- fi§git 1 E v • ■ ■ 0001 4075 3546 7011 3500 8 rm 3811, July 2013 a LH LF. .44 Ycrt• az gez 21 o. 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The only new reseeding will due to disturbance created by road reconfiguration and will be less than 1 acre. Please let me know if you have any questions. Sincerely, Stene,iterh gt Steve Anthony Garfield County Vegetation Manager 0375 County Road 352, Bldg 2060 Rifle, CO 81650 Phone: 970-945-1377 x 4305 Fax: 970-625-5939 David Pesnichak From: Wyatt Keesbery Sent: Monday, September 29, 2014 9:06 AM To: David Pesnichak Subject: WPX Energy Parachute Water Managment Facility David, EXHIBIT 1 ii After looking at the planned water facility for WPX, Road and Bridge has no issues with the project as it proposed. The location will be accessed from a state route, and there will be a minimal traffic increase on our county roads. Thanks for letting us comment on this project. Wyc U Kee.slyery Garfield County Road &. Bridge District Foreman 0298 C.R. 333A Rills, Co. 81650 Office: 970-6225-8601 Cell: 970-309-6073 1 October 22, 2014 Mr. David Pesnichak Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 MOUNTAIN CROSS ENGINEERING, INC. Civil and Environmental Consulting and Design RE: Review of Parachute Water Management Facility: LIPA-8048 Dear David: EXHIBIT lZ This office has performed a review of the documents provided for the Limited Impact application of the Parachute Water Management Facility for WPX Energy Rocky Mountain, LLC. The submittal was found to be thorough and well organized. The review generated the following comments: 1. The Applicant should provide a CDOT access permit to Garfield County. Conditions of the access permit may revise the entrance design. 2. The Applicant should explain how runoff is captured and discharged from the ponds in greater detail. It is unclear from the submittals how precipitation is separated from the treatment water. The Applicant should address how precipitation water is released. It is understood that the water being treated is "non -tributary" however the Applicant may need to show legal rights to the precipitation water if being used. 3. Box culverts are being proposed to replace the CMP pipes and are designed for the 5 -year storm. Statistically speaking, there is a 20% change any given year that water will surcharge the box culvert and overtop the road. The Applicant should address how the overtopping may damage the road and what level of erosion might be expected. Also, the Applicant should address if there is another access available during a flooding event. Feel free to call if you have any questions or comments. Sincerely, Mountain Cross Eng" eerirp, Inc. is Hale, PE 826 % Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com EXHIBIT Garfield County Oil & Gas Liaison Kirby Wynn Memorandum October 31, 2014 RE: LIPA-8048, WPX Energy Parachute Water Management Facility Dear David, Thank you for the opportunity to review this application for an existing water management facility. As the facility is already constructed and has been in operation for some time, I will limit my comments to potential issues/impacts to surrounding neighbors. The facility is a large volume wastewater management and processing facility. My office is likely the most common receiver of citizen questions, concerns and complaints related to possible oil and gas activity impacts to citizens. I have not received any complaints regarding dust, odor, lights or other nuisance issues regarding the WPX Energy Parachute Water Management Facility. I have toured the facility in detail on several occasions and consistently find it to be well kept and free from excessive noxious odors that one might otherwise presume to occur at such a Targe facility that handles Targe volumes of produced and other waters originating for oil and gas operations. As such, I have no additional comments or concerns related to this existing facility. The water recycling and reuse activities at this facility represent what could be deemed a 'best case' water management practice in that the facility provides a continuous water source that in effect reduces the volume of freshwater supplies that might otherwise be utilized for well completions and other activities. Kirby Wynn 1 COLORADO Parks and Wildlife Department of Natural Resources Northwest Regional Office 711 Independent Avenue Grand Junction, CO 81505 David Pesnichak Garfield County Building and Planning Department 108 8th Street, Suite 401, Glenwood Springs, CO 81601 RE: LIPA - 8048 Dear Mr. Pesnichak, Thank you for the opportunity to review the proposed changes to the WPX Water Management Facility located north of Parachute, Colorado. Please consider the following comments. The proposed project will occur at a facility that has been in operation for over 30 years and is in a previously disturbed area. Substantial natural gas development has taken place in the immediate vicinity of the project area which has resulted in the loss and fragmentation of wildlife habitat. However, no new loss of vegetation is anticipated according to the wildlife habitat report associated with this project. Due to these factors, CPW anticipates additional impacts to local wildlife will be minimal. This project lies within the boundary of the CPW-WPX Wildlife Mitigation Plan (WMP); this plan describes the best management practices that WPX will use to avoid, minimize and mitigate (as necessary) impacts to wildlife and wildlife habitat from oil and gas development. CPW recognizes the project site lies in habitat for multiple species (mule deer, elk, and black bear); however, we are satisfied that the commitment WPX has made to protect wildlife and habitats within the WMP boundary is fully sufficient to protect the species that may be impacted. In addition to the protections described in the wildlife mitigation plan, WPX must comply with the Colorado Oil and Gas Conservation Commission's (COGCC) rules that are applicable to a water treatment facility; representative surface regulations may include pit fencing and netting, noise, interim and final reclamation, and weed management. CPW appreciates the opportunity to comment on projects that may affect wildlife and their habitats. Please contact me by phone at 970-250-0873 if you need further information. Sincerely, Scott Hoyer, District Wildlife Manager cc. JT Romatzke, Area Wildlife Manager File. Bob D. Broscheid, Director, Colorado Parks and Wildlife • Parks and Wildlife Commission: Robert W. Bray • Chris Castilian, Secretary • Jeanne Horne Bill Kane, Chair • Gaspar Perricone. Vice -Chair • Dale Pizel • James Pribyl • James Vigil • Dean Wingfield • Michelle Zimmerman • Alex Zipp Garfield County 195 W. 14th Street Rifle, CO 81650 (970) 625-5200 Garfield County Community Development 108 8th Street Glenwood Springs, CO 81601 Attn: Dave Pesnichak October 24th, 2014 Hello Dave, Public Health Health 1 EXHIBIT 2014 Blake Avenue Glenwood Springs, CO 81601 (970) 945-6614 My comments for the WPX Energy Rocky Mountain LLC Parachute Water Management Facility Limited Impact Review Permit are: 1. Water Supply: I will support the decision of the Community Development Department on the future of water supply at this location (as in whether a well must be drilled for water supply or if continued use of the 500 -gal cistern is recommended). However, it is my feeling that due to the challenges associated with obtaining quality groundwater at a reasonable depth in that area as outlined in the water supply plan, it could be a better drinking water source for employees to continue use of the cistern. Another option could be to utilize a well for non -drinking water (handwashing and other functions) and provide employees drinking water with a 5 -gallon water cooler. 2. Wastewater: WPX should ensure that the septic tank is routinely pumped and inspected. 3. Air Quality: a. I saw mention of the APCD permit several times in the document; however, I could not find the actual permit. If the permit is not present in the submittal, I recommend that this be provided to Garfield County Community Development Department. b. I have a question related to the misting process used to increase evaporation rates of the water- does misting increase the rate at which VOCs enter the air? Is this something we should be concerned about? I recognize that the water being misted has relatively few hydrocarbons as it has already gone through some level of treatment; however, they still have the potential to be present. 4. Water quality impacts: a. Despite the low potential for leakage from the ponds, I recommend monitoring wells be utilized around the treatment plant to ensure no leakage, from the ponds or from pipes, is occurring. Thank you, ,l ✓/t �: Morgan Hill Environmental Health Specialist III Garfield County Public Health 195 W. 14th Street Rifle, CO 81650 (970) 665-6383 Garfield County Public Health Department — working to promote health and prevent disease Go\s r, • ioo 1038 COUNTV Rd 323 *S,. RiRE, CO 81650 October 30, 2014 Ms. Morgan Hill Environmental Health Specialist III Garfield County Public Health 195 W. 14th St. Rifle, CO 81650 Sent via email: mhillAgarfield-county.com Dear Morgan, EXHIBIT Please fmd below and attached replies to your 10/24/14 memo to Dave Pesnichak in regards to the WPX Energy Parachute Water Management Facility LIPA-8048. 1. Water Supply: I will support the decision of the Community Development Department on the future of water supply at this location (as in whether a well must be drilled for water supply or if continued use of the 500 -gal cistern is recommended). However, it is my feeling that due to the challenges associated with obtaining quality groundwater at a reasonable depth in that area as outlined in the water supply plan, it could be a better drinking water source for employees to continue use of the cistern. Another option could be to utilize a well for non -drinking water (handwashing and other functions) and provide employees drinking water with a 5 -gallon water cooler. Applicant Reply: We agree and we will continue to utilize the 500 gallon cistern for toilets and hand washing within the restroom. As per our submittal information in Tab 14- Water Supply and Distribution Plan, item 3 "All drinking water provided on-site for employees is 5 gallon bottled water." 2. Wastewater: WPX should ensure that the septic tank is routinely pumped and inspected. Applicant Reply: We agree and we currently follow this practice. 3. Air Quality: a. I saw mention of the APCD permit several times in the document; however, I could not find the actual permit. If the permit is not present in the submittal, I recommend that this be provided to Garfield County Community Development Department. Page 1 of 2 Applicant Reply: Please find attached the Colorado Department of Public Health and Environment- Air Pollution Control Division- Construction Permit number 03GA0243. b. I have a question related to the misting process used to increase evaporation rates of the water- does misting increase the rate at which VOCs enter the air? Is this something we should be concerned about? I recognize that the water being misted has relatively few hydrocarbons as it has already gone through some level of treatment; however, they still have the potential to be present. Applicant Reply: WPX Energy is regulated and in compliance with the CDPHE. Misting occurring on pond 2 and 3 consists of treated water. Our sampling analytical for hydrocarbons/VOCs is non -detect after treatment. Please see the CDPHE permit for BMPs included in our process. 4. Water quality impacts: a. Despite the low potential for leakage from the ponds, I recommend monitoring wells be utilized around the treatment plant to ensure no leakage, from the ponds or from pipes, is occurring. Applicant Reply: Please find attached a 10/26/14 letter from Paul Currier, P.E. with Water Resource Consultants, LLC addressing this issue. If you have questions or comments, please do not hesitate to call our office at (970) 625-5350. Sincerely, Phil Vaughan Construction Management, Inc. Philip B. Vaughan President Attachments: A. 10/24/14 Morgan Hill Letter B. CDPHE-APCD- Permit Number 03GA0243 B. 10/26/14- Paul Currier, P.E. Letter Page 2 of 2 195 W. 14th Street Rifle, CO 81650 (970) 625-5200 Garfield County Community Development 108 8th Street Glenwood Springs, CO 81601 Attn: Dave Pesnichak October 24th, 2014 Hello Dave, Public Health 2014 Blake Avenue Glenwood Springs, CO 81601 (970) 945-6614 My comments for the WPX Energy Rocky Mountain LLC Parachute Water Management Facility Limited Impact Review Permit are: 1. Water Supply: I will support the decision of the Community Development Department on the future of water supply at this location (as in whether a well must be drilled for water supply or if continued use of the 500 -gal cistern is recommended). However, it is my feeling that due to the challenges associated with obtaining quality groundwater at a reasonable depth in that area as outlined in the water supply plan, it could be a better drinking water source for employees to continue use of the cistern. Another option could be to utilize a well for non -drinking water (handwashing and other functions) and provide employees drinking water with a 5 -gallon water cooler. 2. Wastewater: WPX should ensure that the septic tank is routinely pumped and inspected. 3. Air Quality: a. I saw mention of the APCD permit several times in the document; however, I could not find the actual permit. If the permit is not present in the submittal, I recommend that this be provided to Garfield County Community Development Department. b. I have a question related to the misting process used to increase evaporation rates of the water- does misting increase the rate at which VOCs enter the air? Is this something we should be concerned about? I recognize that the water being misted has relatively few hydrocarbons as it has already gone through some level of treatment; however, they still have the potential to be present. 4. Water quality impacts: a. Despite the low potential for leakage from the ponds, I recommend monitoring wells be utilized around the treatment plant to ensure no leakage, from the ponds or from pipes, is occurring. Thank you, Morgan Hill Environmental Health Specialist III Garfield County Public Health 195 W. 14th Street Garfield County Public Health Department — working to promote health and prevent disease Rifle, CO 81650 (970) 665-6383 Garfield County Public Health Department — working to promote health and prevent disease STATE OF COLORADO COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AIR POLLUTION CONTROL DIVISION TELEPHONE: (303) 692-3150 CONSTRUCTION PERMIT PERMIT NO: 03GA0243 Issuance 2 DATE ISSUED: February 28, 2013 ISSUED TO: WPX Energy Rocky Mountain LLC THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: A wastewater management facility designed to accept oilfield wastes, known as the Parachute Water Management Facility, located in Section 36, Township 6 South, Range 96 West, in Garfield County, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: Facility Equipment ID AIRS Point Description CST -001 001 Five (5) 500 BBL fixed roof above ground storage tanks used to store condensate. Emissions are routed to an enclosed flare (APEN-exempt). CLO -002 002 One (1) tank truck load -out rack for condensate. PD1 -003 003 One (1) wastewater storage pond, referred to as Pond 1, used to store field water. The pond will be equipped with a sealed floating cover and emissions will be routed to an enclosed flare (APEN- exem pt). LF -004 004 One (1) 17.1 -acre Iandfarm/biopiles used for treating E&P waste. FCT-005 005 Three (3) 400 BBL fixed roof above ground storage tanks used to store condensate. Emissions are routed to an enclosed flare (APEN-exempt). IST -006 006 Three (3) 1,000 bbl electrically heated Inlet Separation Tanks for treating produced water. The tanks are fixed roof above ground tanks used for primary separation of the produced water and hydrocarbon. Emissions are routed to an enclosed flare (APEN- exempt). SGT -007 007 Six (6) 500 BBL fixed roof above ground storage tanks used as surge tanks for produced water. Emissions are routed to an enclosed flare (APEN-exempt). ETT -009 009 Ten (10) 500 BBL fixed roof above ground storage tanks used to treat emulsion fluids. Each tank can be heated by the 5.0 MMBtu/hr hot -oil heater (AIRS ID 045/0615/018). Emissions are routed to an enclosed flare (APEN-exempt). AIRS ID: 045/0615 Page 1 of 30 WPX Energy Rocky Mountain LLC Permit No. 03GA0243 Issuance 2 Colorado Department of Public Health and Environment Air Pollution Control Division Facility Equipment ID AIRS Point Description SWT -010 010 Six (6) 500 BBL fixed roof above ground storage tank used as backup storage and working tanks. The storage and working tanks can store produced water, flowback water, emulsion fluids, or condensate. Emissions are routed to an enclosed flare (APEN- exem pt). DAF -011 011 Two (2) 353 BBL capacity dissolved air flotation (DAF) units that are fully enclosed. Emissions from each DAF unit are routed to an enclosed flare (APEN-exempt). HPS 013 013 Four (4) produced water/flowback water storage ponds referred to as North Pond, South Pond, Pond 2 and Pond 3. EVP -014 014 Induced water evaporation system consisting of water circulation pumps, cascading spray bars, or equivalent system. The water is removed from Ponds 2 and 3 and sprayed over the holding ponds. DEHY-017 017 One (1) Diethlyene Glycol (DEG) fuel gas dehydration unit (Cimmaron, model: not submitted, SN: 1470) with a design capacity of 2 MMscf per day. This emissions unit is equipped with one (1) Roto -Tech GA -2 EP (SN: 24229), electric -glycol pump with a maximum design capacity of 1.4 gpm. This unit is equipped with a reboiler and still vent. Emissions from the still vent are routed to an air-cooled condenser and then to atmosphere. WIT 020 020 Two (2) 500 BBL fixed roof above ground storage tank used to store water prior to injection. FST 021 021 One (1) 1,000 bbl electrically heated Inlet Separation Tank for treating Field Water. The tank is a fixed roof above ground tank used for primary separation of the field water and hydrocarbon. Emissions are routed to an enclosed flare (APEN-exempt). FPT-022 022 Two (2) 400 BBL fixed roof above ground storage tanks used as polishing tanks for field water. Emissions are routed to an enclosed flare (APEN-exempt). THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND CONTROL ACT C.R.S. (25-7-101 et seq), TO THOSE GENERAL TERMS AND CONDITIONS INCLUDED IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: REQUIREMENTS TO SELF -CERTIFY FOR FINAL AUTHORIZATION 1. YOU MUST notify the APCD no later than fifteen days after commencement of the permitted operation or activity by submitting a Notice of Startup (NOS) form to the APCD. The Notice of Startup (NOS) form may be downloaded online at www.cdphe.state.co.us/ap/downloadforms.html. Failure to notify the APCD of startup of the permitted source is a violation of AQCC Regulation No. 3, Part B, Section III.G.1 and can result in the revocation of the permit. 2. Within one hundred and eighty days (180) after issuance of this permit, compliance with the conditions contained on this permit shall be demonstrated to the Division. It is the permittee's responsibility to self -certify compliance with the conditions. Failure to demonstrate compliance within 180 days may result in revocation of the permit. (Reference: Regulation No. 3, Part B, III.G.2). 3. This permit shall expire if the owner or operator of the source for which this permit was issued: (i) does not commence construction/modification or operation of this source AIRS ID: 045/0615 Page 2 of 30 WPX Energy Rocky Mountain LLC Permit No. 03GA0243 Issuance 2 Colorado Department of Public Health and Environment Air Pollution Control Division within 18 months after either, the date of issuance of this construction permit or the date on which such construction or activity was scheduled to commence as set forth in the permit application associated with this permit; (ii) discontinues construction for a period of eighteen months or more; (iii) does not complete construction within a reasonable time of the estimated completion date. The Division may grant extensions of the deadline per Regulation No. 3, Part B, III.F.4.b. (Reference: Regulation No. 3, Part B, III.F.4.) 4. Within one hundred and eighty days (180) after issuance of this permit, the operator shall complete installation of control equipment satisfying RACT requirements. 5. Within one hundred and eighty (180) days after issuance of this permit, the operator shall install flow meters to monitor field water throughput and produced water throughput. The flow meters shall continuously measure and record the volumetric flowrate of the water discharged to the pond systems. 6. Within one hundred and eighty days (180) after issuance of this permit, the operator shall complete all initial compliance testing and sampling as required in this permit and submit the results to the Division as part of the self -certification process. (Reference: Regulation No. 3, Part B, Section III.E.) 7. Within one hundred and eighty days (180) after issuance of this permit, the operator shall submit to the Division for approval an operating and maintenance plan for all, emissions units, control equipment and control practices, and a proposed record keeping format that will outline how the applicant will maintain compliance on an ongoing basis with the requirements of this permit. Compliance with the operating and maintenance plan shall be implemented upon issuance of this permit. Additionally, the O&M Plan ultimately approved by the Division shall be implemented by the operator upon receipt of approval. (Reference: Regulation No. 3, Part B, Section III.G.7.) 8. The manufacturer, model number, and serial number of the subject equipment shall be provided to the Division within fifteen days (15) after commencement of operation. This information shall be included on the Notice of Startup (NOS) submitted for the equipment. (Reference: Regulation No. 3, Part B, III.E.) 9. The operator shall retain the permit final authorization letter issued by the Division after completion of self -certification, with the most current construction permit. This construction permit alone does not provide final authority for the operation of this source. EMISSION LIMITATIONS AND RECORDS 10. Emissions of air pollutants shall not exceed the following limitations (as calculated in the Division's preliminary analysis). (Reference: Regulation No. 3, Part B, Section II.A.4) Quarterly Limits: Facility Equipment ID AIRS Point VOC Emissions (Pounds/quarter) Emission Type CST -001 001 320 Point CLO -002 002 29,500 Point LF -004 004 88,800 Fugitive FCT-005 005 100 Point IST -006 006 750 Point AIRS ID: 045/0615 Page 3 of 30 WPX Energy Rocky Mountain LLC Permit No. 03GA0243 Issuance 2 Colorado Department of Public Health and Environment Air Pollution Control Division SGT -007 007 210 Point ETT -009 009 9,000 Point SWT -010 010 550 Point DAF -011 011 1,850 Point DEHY-017 017 1,450 Point WIT -020 020 2,300 Point FST -021 021 100 Point FPT-022 022 100 Point 1. For compliance demonstration purposes, quarters will be based on the following schedule: Quarter 1 includes the calendar months of December, January, and February; Quarter 2 includes the calendar months of March, April, and May; Quarter 3 includes the calendar months of June, July, and August; and Quarter 4 includes the calendar months of September, October, and November. Quarterly limits will begin with the calendar month of permit issuance and may not include a full quarter in accordance with the above schedule. Subsequent quarters will continue on the schedule identified above. Facility Equipment ID AIRS Point VOC Emissions2 (Pounds/quarter) Emission Type Dec, Jan, Feb Mar, Apr, May June, July, Aug Sept, Oct, Nov PD1-003 003 22,835 23,271 21,770 22,170 Point HPS-013 013 213,936 212,700 121,586 151,232 Fugitive EVP -014 014 0.0 17,964 26,288 12,706 Fugitive 2: Emissions from AIRS Points 003, 013 and 014 are contained in a separate table because VOC emissions vary by quarter due to seasonal processing fluctuations. Annual Limits: Facility Equipment ID AIRS Point VOC Emissions (Tons/year) Emission Type CST -001 001 0.6 Point CLO -002 002 59.0 Point PD1 -003 003 45.0 Point LF -004 004 177.6 Fugitive FCT-005 005 0.2 Point IST -006 006 1.5 Point SGT -007 007 0.4 Point ETT -009 009 18.0 Point SWT -010 010 1.1 Point DAF -011 011 3.7 Point HPS-013 013 349.7 Fugitive EVP -014 014 28.5 Fugitive DEHY-017 017 2.9 Point WIT -020 020 4.6 Point FST -021 021 0.2 Point FPT-022 022 0.2 Point See "Notes to Permit Holder #4" for information on emission factors and methods used to calculate limits. AIRS ID: 045/0615 Page 4 of 30 WPX Energy Rocky Mountain LLC Permit No. 03GA0243 Issuance 2 Colorado Department of Public Health and Environment Air Pollution Control Division During the first twelve (12) months of operation after issuance of this permit, compliance with both the quarterly and annual emission limitations shall be required. After the first twelve (12) months of operation, compliance with only the annual limitation shall be required. Compliance with the synthetic minor status of this facility shall be determined by recording the facility's annual criteria pollutant emissions, from each emission unit, on a rolling (12) month total. By the end of each month a new twelve-month total is calculated based on the previous twelve months' data. The permit holder shall calculate monthly emissions and keep a compliance record on site, or at a local field office with site responsibility, for Division review. This rolling twelve-month total shall apply to all emission units, requiring an APEN, at this facility. 11. Emissions from all pre-treatment equipment for both the produced water train and field water train, including Inlet Separator Tanks, Polishing Tanks, Surge Tanks, DAF Tanks, Condensate Sales Tanks, Treating Tanks, Back -Up Working Tanks, and Pond 1, shall be collected and routed to an enclosed flare(s). The enclosed flare(s) shall reduce uncontrolled emissions of VOCs to Tess than or equal to the emission levels listed in Condition 10, above. Operating parameters of the control equipment are identified in the operation and maintenance plan. (Reference: Regulation No.3, Part B, Section III.E.) PROCESS LIMITATIONS AND RECORDS 12. This source shall be limited to the following maximum throughput rates as listed below. Monthly records of the actual throughput rates shall be maintained by the applicant and made available to the Division for inspection upon request. (Reference: Regulation 3, Part B, II.A.4) Process/Consumption Limits Facility Equipment ID AIRS Point Process Parameter Annual Limit Quarterly Limit (3 months) CST -001 001 Total condensate throughput for all storage tanks covered under this AIRS Point ID 930,000 bbl/yr 232,500 bbl/quarter CLO -002 002 Condensate throughput 930,000 bbl/yr 232,500 bbl/quarter PD1 -003 003 Wastewater throughput 2,555,000 bbl/yr 638,750 bbl/quarter LF -004 004 Throughput of incoming waste material prior to mixing 3,000 ton/yr 750 ton/quarter FCT-005 005 Total condensate throughput for all storage tanks covered under this AIRS Point ID 255,500 bbl/yr 63,875 bbl/quarter IST -006 006 Throughput of wastewater for all process tanks covered under this AIRS Point ID 8 300,000 bbl/yr 2,325,000 bbl/quarter SGT -007 007 Throughput of wastewater for all process tanks covered under this AIRS Point ID 8 300,000 bbl/yr 2,325,000 bbl/quarter ETT -009 009 Throughput of emulsion fluids for all process tanks covered under this AIRS Point ID 1,000,000 bbl/yr 250,000 bbl/quarter AIRS ID: 045/0615 Page 5 of 30 WPX Energy Rocky Mountain LLC Permit No. 03GA0243 Issuance 2 Colorado Department of Public Health and Environment Air Pollution Control Division SWT -010 010 Total throughput of fluids (wastewater and condensate) for all storage tanks covered under this AIRS Point ID 1,365,000 bbl/yr 341,250 bbl/quarter DAF -011 011 Wastewater throughput 9,300,000 bbl/yr 2,325,000 bbl/quarter HPS-013 013 Wastewater throughput 9,300,000 bbl/yr 2,325,000 bbl/quarter EVP -014 014 Throughput of treated produced water/flowback water that is evaporated 500,000 bbl/yr See table below DEHY-017 017 Natural gas throughput 730 MMscf/yr 182.5 MMscf/ quarter WIT -020 020 Wastewater throughput 9,300,000 bbl/yr 2,325,000 bbl/quarter FST -021 021 Wastewater throughput 2,555,000 bbl/yr 638,750 bbl/quarter FPT-022 022 Wastewater throughput 2,555,000 bbl/yr 638,750 bbl/quarter 1: For compliance demonstration purposes, quarters will be based on the following schedule: Quarter 1 includes the calendar months of December, January, and February; Quarter 2 includes the calendar months of March, April, and May; Quarter 3 includes the calendar months of June, July, and August; and Quarter 4 includes the calendar months of September, October, and November. Quarterly limits will begin with the calendar month of permit issuance and may not include a full quarter in accordance with the above schedule. Subsequent quarters will continue on the schedule identified above. Facility Equipment ID AIRS Point Process Limit2 (BBL/quarter) Dec, Jan, Feb Mar, Apr, May June, Aug July, Sept, Oct, Nov EVP -014 014 0.0 100,000 300,000 100,000 2: Quarterly Process Limits for AIRS Point 014 are contained in a separate table because process limits vary by quarter due to seasonal processing fluctuations. During the first twelve (12) months of operation after issuance of this permit, compliance with both the quarterly and annual throughput limitations shall be required. After the first twelve (12) months of operation, compliance with only the annual limitation shall be required. Compliance with the annual throughput limits shall be determined on a rolling twelve (12) month total. By the end of each month a new twelve-month total is calculated based on the previous twelve months' data. The permit holder shall record monthly throughput rates and keep a compliance record on site or at a local field office with site responsibility, for Division review. STATE REGULATORY REQUIREMENTS 13. The permit number and AIRS ID number shall be marked on the subject equipment for ease of identification. (Reference: Regulation Number 3, Part B, III.E.) (State only enforceable). 14. Visible emissions shall not exceed twenty percent (20%) opacity during normal operation of the source. During periods of startup, process modification, or adjustment of control equipment visible emissions shall not exceed 30% opacity for more than six minutes in any sixty consecutive minutes. (Reference: Regulation No. 1, Section II.A.1. & 4.) AIRS ID: 045/0615 Page 6 of 30 WPX Energy Rocky Mountain LLC Permit No. 03GA0243 Issuance 2 Colorado Department of Public Health and Environment Air Pollution Control Division 15. This source is subject to the odor requirements of Regulation No. 2. (State only enforceable) Condensate Storage Tanks (CST -001, AIRS Point 001) and Storage and Working Tanks (SWT -010, AIRS Point 010) 16. The storage tanks covered under AIRS points 001 and 010 are subject to the New Source Performance Standards requirements of Regulation No. 6, Part A, Subpart Kb, Standards of Performance for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for which Construction, Reconstruction, or Modification Commenced after July 23, 1984 including, but not limited to, the following: • 40 CFR, Part 60, Subpart A— General Provisions • §60.112b — Standard for volatile organic compounds (VOC) • §60.112b(a) The owner or operator of each storage vessel either with a design capacity greater than or equal to 151 m3 containing a VOL that, as stored, has a maximum true vapor pressure equal to or greater than 5.2 kPa but less than 76.6 kPa or with a design capacity greater than or equal to 75 m3 but less than 151 m3 containing a VOL that, as stored, has a maximum true vapor pressure equal to or greater than 27.6 kPa but less than 76.6 kPa, shall equip each storage vessel with one of the following: • §60.112b(a)(3) A closed vent system and control device meeting the following specifications: • §60.112b(a)(3)(i) The closed vent system shall be designed to collect all VOC vapors and gases discharged from the storage vessel and operated with no detectable emissions as indicated by an instrument reading of less than 500 ppm above background and visual inspections, as determined in part 60, subpart VV, §60.485(b). • §60.112b(a)(3)(ii) The control device shall be designed and operated to reduce inlet VOC emissions by 95 percent or greater. If a flare is used as the control device, it shall meet the specifications described in the general control device requirements (§60.18) of the General Provisions. • §60.113b — Testing and procedures • The owner or operator of each storage vessel as specified in §60.112b(a) shall keep records and furnish reports as required by paragraphs (a), (b), or (c) of this section depending upon the control equipment installed to meet the requirements of §60.112b. The owner or operator shall keep copies of all reports and records required by this section, except for the record required by (c)(1), for at least 2 years. The record required by (c)(1) will be kept for the life of the control equipment. • §60.113b(d) The owner or operator of each source that is equipped with a closed vent system and a flare to meet the requirements in §60.112b (a)(3) or (b)(2) shall meet the requirements as specified in the general control device requirements, §60.18 (e) and (f). AIRS ID: 045/0615 Page 7 of 30 WPX Energy Rocky Mountain LLC Permit No. 03GA0243 Issuance 2 Colorado Department of Public Health and Environment Air Pollution Control Division • §60.115b — Reporting and recordkeeping requirements • §60.115b(d) After installing a closed vent system and flare to comply with §60.112b, the owner or operator shall meet the following requirements. §60.115b(d)(1) A report containing the measurements required by §60.18(f) (1), (2), (3), (4), (5), and (6) shall be furnished to the Administrator as required by §60.8 of the General Provisions. This report shall be submitted within 6 months of the initial start-up date. • §60.115b(d)(2) Records shall be kept of all periods of operation during which the flare pilot flame is absent. • §60.115b(d)(3) Semiannual reports of all periods recorded under §60.115b(d)(2) in which the pilot flame was absent shall be furnished to the Administrator. • §60.116b — Monitoring of operations • §60.116b(a) The owner or operator shall keep copies of all records required by this section, except for the record required by paragraph (b) of this section, for at least 2 years. The record required by paragraph (b) of this section will be kept for the life of the source. • §60.116b(b) The owner or operator of each storage vessel as specified in §60.110b(a) shall keep readily accessible records showing the dimension of the storage vessel and an analysis showing the capacity of the storage vessel. In addition, the following requirements of Regulation No. 6, Part A, Subpart A, General Provisions, apply. a. At all times, including periods of start-up, shutdown, and malfunction, the facility and control equipment shall, to the extent practicable, be maintained and operated in a manner consistent with good air pollution control practices for minimizing emissions. Determination of whether or not acceptable operating and maintenance procedures are being used will be based on information available to the Division, which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source. (Reference: Regulation No. 6, Part A. General Provisions from 40 CFR 60.11 b. No article, machine, equipment or process shall be used to conceal an emission which would otherwise constitute a violation of an applicable standard. Such concealment includes, but is not limited to, the use of gaseous diluents to achieve compliance with an opacity standard or with a standard which is based on the concentration of a pollutant in the gases discharged to the atmosphere. (§ 60.12) c. Written notification of construction and initial startup dates shall be submitted to the Division as required under § 60.7. d. Records of startups, shutdowns, and malfunctions shall be maintained, as required under § 60.7. AIRS ID: 045/0615 Page 8 of 30 WPX Energy Rocky Mountain LLC Permit No. 03GA0243 Issuance 2 Colorado Department of Public Health and Environment Air Pollution Control Division e. Written notification of opacity observation or monitor demonstrations shall be submitted to the Division as required under § 60.7. f. Excess Emission and Monitoring System Performance Reports shall be submitted as required under § 60.7. g. Performance tests shall be conducted as required under § 60.8. h. Compliance with opacity standards shall be demonstrated according to § 60.11. i. The flare shall be designed and operated, and records and reports shall be furnished, as required under § 60.18. 17. Emissions from storage tanks covered under AIRS points 001 and 010 shall be collected and controlled by an enclosed flare that reduces uncontrolled emissions of volatile organic compounds (VOC) to less than or equal to the emission levels listed in Condition 10. Condensate Loadout (CLO -002, AIRS Point 002) 18. The operator shall monitor condensate throughput of the loading rack using haul tickets or another equivalent method as specified in the O&M Plan. This method shall capture total condensate loaded out of the facility. Pond 1 (PD1 -003, AIRS Point 003) 19. The operator shall calculate emissions for AIRS Point 003 on a monthly basis using using AP -42, Chapter 4.3 equations 1, 2, 7 and 12 in conjunction with the most recent monthly water pollutant concentration data and volumes of field water as required by Conditions 20 and 64. The operator shall apply a 95% control efficiency to the calculated uncontrolled emissions value to demonstrate compliance with the emission limits in this permit. For the first twelve (12) months of operation, monthly emissions from the three calendar months of a quarter shall be summed to demonstrate compliance with the quarterly emission limits in Condition 10 for AIRS Point 003 as well as the annual limitations. After the first twelve (12) months of operation, the operator shall calculate monthly emissions to demonstrate compliance with the annual limits in Condition 10 and to maintain the 12 -month rolling total. Compliance with the VOC emission limit shall be determined by summing total hydrocarbons (including gasoline range plus diesel range) plus methanol. 20. The operator shall continuously monitor and record the volumetric flowrate of wastewater discharged into Pond 1 by using a flowmeter located at the water outlet of the Field Water Polishing Tanks (AIRS Point 022). The flowmeter shall continuously measure flowrate and record total volumetric flow discharged to Pond 1. For the first twelve (12) months of operation, monthly Field Water Polishing Tanks (AIRS Point 022) water outlet flow from the three calendar months of a quarter shall be summed to demonstrate compliance with the quarterly limits in Condition 12 for AIRS Point 003. After the first twelve (12) months of operation, the operator shall use monthly throughput records to demonstrate compliance with the annual limits in Condition 12 and to maintain the 12 -month rolling total. This monthly flowrate shall also be used to calculate emissions as described above in Condition 19. 21. This source is subject to the Reasonably Available Control Technology (RACT) requirements of Regulation No. 7, Section V. RACT for this source includes installation AIRS ID: 045/0615 Page 9 of 30 WPX Energy Rocky Mountain LLC Permit No. 03GA0243 Issuance 2 Colorado Department of Public Health and Environment Air Pollution Control Division of a sealed, floating cover and routing emissions from Pond 1 (AIRS Point 003) to an enclosed flare. 22. Pond 1 (AIRS Point 003) shall be covered and vented directly through a closed -vent system to a control device in accordance with the following requirements: • The cover and its closure devices shall be designed to form a continuous barrier over the entire surface area of the liquid in the surface impoundment. • Each opening in the cover not vented to the control device shall be equipped with a closure device. If the pressure in the vapor headspace underneath the cover is less than atmospheric pressure when the control device is operating, the closure devices shall be designed to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps, or other open spaces in the closure device or between the perimeter of the cover opening and the closure device. If the pressure in the vapor headspace underneath the cover is equal to or greater than atmospheric pressure when the control device is operating, the closure device shall be designed to operate with no detectable organic emissions using the procedure specified in 40 CFR 63.945(a). • The cover and its closure devices shall be made of suitable materials that will minimize exposure of the wastewater to the atmosphere, to the extent practical, and will maintain the integrity of the equipment throughout its intended service life. Factors to be considered when selecting the materials for and designing the cover and closure devices shall include: organic vapor permeability; the effects of any contact with the liquid or its vapors managed in the surface impoundment; the effects of outdoor exposure to wind, moisture, and sunlight; and the operating practices used for the surface impoundment on which the cover is installed. 23. Whenever wastewater is in the surface impoundment, the cover shall be installed with each closure device secured in the closed position and the vapor headspace underneath the cover vented to the control device except as follows: • Venting to the control device is not required, and opening of closure devices or removal of the cover is allowed at the following times: o To provide access to the surface impoundment for performing routine inspection, maintenance, or other activities needed for normal operations. Examples of such activities include those times when a worker needs to open a port to sample liquid in the surface impoundment, or when a worker needs to open a hatch to maintain or repair equipment. Following completion of the activity, the owner or operator shall promptly secure the closure device in the closed position or reinstall the cover, as applicable, to the surface impoundment. o To remove accumulated sludge or other residues from the bottom of surface impoundment. • Opening of a safety device is allowed at any time conditions require it to do so to avoid an unsafe condition. 24. The source shall visually inspect the surface impoundment cover in accordance with the following requirements: AIRS ID: 045/0615 Page 10 of 30 WPX Energy Rocky Mountain LLC Permit No. 03GA0243 Issuance 2 Colorado Department of Public Health and Environment Air Pollution Control Division o The cover and its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in the roof sections or between the interface of the roof edge and its foundation mountings; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices. o The source must perform an initial inspection following installation of the cover. Thereafter, the owner or operator must perform the inspections at least once per calendar year. o In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements listed in this permit. o The source shall maintain a record of the inspection in accordance with the requirements listed in this permit. 25. The source shall repair all detected defects as follows: • The source shall make first efforts at repair of the defect no later than 5 calendar days after detection and repair shall be completed as soon as possible but no later than 45 calendar days after detection except as discussed below. • Repair of a defect may be delayed beyond 45 calendar days if the owner or operator determines that repair of the defect requires emptying or temporary removal from service of the surface impoundment and no alternative surface impoundment or tank capacity is available at the site to accept the wastewater normally managed in the surface impoundment. In this case, the owner or operator shall repair the defect at the next time the process or unit that is generating the wastewater managed in the surface impoundment stops operation. Repair of the defect shall be completed before the process or unit resumes operation. • The source shall record for each defect detected during inspections the following information: the location of the defect, a description of the defect, the date of detection, and corrective action taken to repair the defect. In the event that repair of the defect is delayed in accordance with the requirements discussed above, the owner or operator shall also record the reason for the delay and the date that completion of repair of the defect is expected. 26. The source shall prepare and maintain the following records: • Documentation describing the floating membrane cover or cover design, as applicable to the surface impoundment. • A record for each inspection required by this permit that includes the following information: a surface impoundment identification number (or other unique identification description as selected by the owner or operator) and the date of inspection. 27. The closed vent system that routes vapors from Pond 1 (AIRS Point 003) to the enclosed flare shall be designed to collect all VOC vapors and gases discharged from the surface impoundment and operated with no detectable emissions as indicated by an AIRS ID: 045/0615 Page 11 of 30 WPX Energy Rocky Mountain LLC Permit No. 03GA0243 Issuance 2 Colorado Department of Public Health and Environment Air Pollution Control Division instrument reading of Tess than 500 ppm above background and visual inspections, as determined in part 60, subpart VV, §60.485(b). 28. The source shall continuously monitor the enclosed process flare to ensure the presence of a pilot flame. 29. The source shall design, construct, operate and maintain the enclosed flare according to the requirements set out in 40 CFR §60.18, which include, but are not limited to the conditions below. a) The flare shall be designed for and operated with no visible emissions as determined by the methods specified in 40 CFR §60.18(f), except for periods not to exceed a total of 5 minutes during any 2 consecutive hours. b) When emissions are vented to this flare, a flame shall be present at all times, as determined by the methods specified in 40 CFR §60.18(f). c) An owner/operator has the choice of adhering to either the heat content specifications in §60.18 (c)(3)(ii), and the maximum tip velocity specifications in §60.18 (c)(4), or adhering to the requirements in §60.18 (c)(3)(i). d) This flare shall be monitored to ensure it is operated and maintained in conformance with the design, as specified in §60.18(d). 30. This enclosed flare shall be operated at all times when wastewater is stored in Pond 1 (AIRS Point 003). Landfarm/Biopiles (LF -004, AIRS Point 004) 31. The operator shall calculate emissions for AIRS Point 004 on a monthly basis using a mass balance approach as well as the most recent test data and mass of incoming waste material received for processing in the landfarm/biopiles as required by Conditions 32 and 65. To calculate uncontrolled emissions of VOC, 100% evaporation shall be applied to gasoline range organics, benzene, toluene, ethylbenzene, xylene, methanol, and n -hexane, and 60% evaporation shall be applied to diesel range organics. Total uncontrolled VOC shall be the sum of gasoline range organics, diesel range organics, and methanol emissions as calculated per the method above. A 50% control efficiency, based on satisfying Reasonably Available Control Technology (RACT) requirements specified in Condition 33, shall be applied to the total uncontrolled VOC emissions calculated to demonstrate compliance with the emission limits in this permit. For the first twelve (12) months of operation, monthly emissions from the three calendar months of a quarter shall be summed to demonstrate compliance with the quarterly limits in Condition 10 for AIRS Point 004. After the first twelve (12) months of operation, the operator shall calculate monthly emissions to demonstrate compliance with the annual limits in Condition 10 and to maintain the 12 -month rolling total. 32. The volume of incoming waste material prior to mixing will be recorded in cubic yards and weight of E&P Waste sent to the landfarm/biopiles on a monthly basis. The O&M Plan will include the specific methodology to track and record material throughput. 33. This source is subject to the Reasonably Available Control Technology (RACT) requirements of Regulation No. 7, Section V. RACT for this source is satisfied by following the Best Management Practices Plan in Attachment A. AIRS ID: 045/0615 Page 12 of 30 WPX Energy Rocky Mountain LLC Permit No. 03GA0243 Issuance 2 Colorado Department of Public Health and Environment Air Pollution Control Division Treating Tanks (ETT -009, AIRS Point 009) 34. The operator shall monitor throughput of total emulsion fluids processed in the treating tanks based on truckload delivered and haul tickets or another equivalent method as specified in the O&M Plan. This method shall capture total flow to be processed in the treating/emulsion tank system. DAF Tanks (DAF -011, AIRS Point 011) 35. Each of the DAF Tanks shall be fully enclosed and the collected vapors shall be routed to an enclosed flare that reduces uncontrolled emissions of volatile organic compounds (VOC) to Tess than or equal to the emission levels listed in Condition 10. 36. A flare shall be operated at all times to control emissions from the DAF Tanks when water is being processed through the DAF Tanks. 37. Each of the DAF Tanks shall be operated with dissolved air flotation when water is being processed through the DAF Tanks. North Pond, South Pond, Pond 2 and Pond 3 (HPS-013, AIRS Point 013) 38. The operator shall calculate emissions for AIRS Point 013 on a monthly basis using using AP -42, Chapter 4.3 equations 1, 2, 3, 4, 7 and 16 in conjunction with the most recent monthly water pollutant concentration data, biomass data and volumes of produced water as required by Conditions 39, 66, and 67. For the first twelve (12) months of operation, monthly emissions from the three calendar months of a quarter shall be summed to demonstrate compliance with the quarterly emission limits in Condition 10 for AIRS Point 013 as well as the annual limitations. After the first twelve (12) months of operation, the operator shall calculate monthly emissions to demonstrate compliance with the annual limits in Condition 10 and to maintain the 12 -month rolling total. Compliance with the VOC emission limit shall be determined by summing total hydrocarbons (including gasoline range plus diesel range) plus methanol. 39. The operator shall continuously monitor and record the volumetric flowrate of wastewater discharged into the pond system by using a flowmeter located at the water inlet of the DAF Tanks (AIRS Point 011). The flowmeter shall continuously measure flowrate and record total volumetric flow discharged to the pond system. For the first twelve (12) months of operation, monthly DAF Tanks (AIRS Point 011) water inlet flow from the three calendar months of a quarter shall be summed to demonstrate compliance with the quarterly limits in Condition 12 for AIRS Point 013. After the first twelve (12) months of operation, the operator shall use monthly throughput records to demonstrate compliance with the annual limits in Condition 12 and to maintain the 12 - month rolling total. This monthly flowrate shall also be used to calculate emissions as described above in Condition 38. 40. This source is subject to the Reasonably Available Control Technology (RACT) requirements of Regulation No. 7, Section V. RACT for this source is implementation of enhanced upstream segregation techniques, operation of an Inlet Separator Tank, operation of enclosed dissolved air flotation (DAF) tanks, and utilization of enhanced biological treatment. RACT for this source also includes routing vapors from all pre- treatment equipment including Inlet Separation Tanks, Surge Tanks, DAF Tanks, and Condensate Storage tanks to a flare. Produced water shall be routed through the pre- treatment system including the enclosed DAF Tanks prior to entering the Holding Pond system. AIRS ID: 045/0615 Page 13 of 30 WPX Energy Rocky Mountain LLC Permit No. 03GA0243 Issuance 2 Colorado Department of Public Health and Environment Air Pollution Control Division 41. At any time that produced water and/or flowback water will be routed to the pond system, the pre-treatment train, including the Inlet Separator Tanks, Surge Tanks and DAF tanks, must be in operation, and the produced water and/or flowback water must be first routed through the pre-treatment train, including the Inlet Separator Tanks, Surge Tanks and DAF tanks, prior to entering the Holding Pond system. 42. The biomass concentration in the pond system shall be at least 150 g/m3. Compliance with the biomass concentration limit shall be demonstrated monthly based on the average of monthly sampling results from each pond. 43. The operator shall maintain the ponds such that an oil film layer does not exist on the surface. The methods utilized to maintain the pond surfaces such that an oil film layer does not exist shall be included in the operating and maintenance plan. 44. The operator shall implement and maintain a sediment management plan that shall be included in the operating and maintenance plan. 45. The North Pond, South Pond, Pond 2 and Pond 3 shall be equipped and operated with no more than 27 aerators. 46. Enhanced evaporation methods, such as, but not limited to, utilizing spray bars, shall only be conducted using water from Ponds 2 and 3. Induced Water Evaporation (EVP -014, AIRS Point 014) 47. The operator shall calculate emissions for AIRS Point 014 on a monthly basis using a mass balance approach as well as the most recent test data and volume of water evaporated as required by Conditions 48 and 68. For the first twelve (12) months of operation, monthly emissions from the three calendar months of a quarter shall be summed to demonstrate compliance with the quarterly limits in Condition 10 for AIRS Point 014. After the first twelve (12) months of operation, the operator shall calculate monthly emissions to demonstrate compliance with the annual limits in Condition 10 and to maintain the 12 -month rolling total. Compliance with the VOC emission limit shall be determined by summing total hydrocarbons (including gasoline range plus diesel range) plus methanol. 48. The operator shall track and record amount of water evaporated on a monthly basis. The O&M Plan will include the specific methodology to track and record amount of water evaporated. DEG Dehydrator (DENY -017, AIRS Point 017) 49. Compliance with the emission limits in Condition 10 for AIRS Point 017 shall be demonstrated by running the GRI GlyCalc model version 4.0 or higher on a monthly basis using the most recent extended wet gas analysis and recorded operational values (including gas throughput, lean glycol recirculation rate, and other operational values specified in the O&M Plan). Recorded operational values, except for gas throughput, shall be averaged on a monthly basis for input into GRI GlyCalc. 50. This unit shall be configured such that the still vent vapors are routed to an air-cooled condenser. The air-cooled condenser shall reduce uncontrolled emissions of VOC from the DEG dehydration unit to Tess than or equal to the emission levels listed in Condition 10. Operating parameters of the control equipment are identified in the operation and maintenance plan. (Reference: Regulation No.3, Part B, Section III.E.) AIRS ID: 045/0615 Page 14 of 30 WPX Energy Rocky Mountain LLC Permit No. 03GA0243 Issuance 2 Colorado Department of Public Health and Environment Air Pollution Control Division 51. This unit shall be limited to the maximum lean glycol circulation rate 1.0 gallons per minute. The lean glycol recirculation rate shall be recorded daily in a log maintained on site and made available to the Division for inspection upon request. (Reference: Regulation No. 3, Part B, II.A.4) 52. The flare covered by this permit is subject to Regulation No. 7, Section XVII.B General Provisions (State only enforceable). If a flare or other combustion device is used to control emissions of volatile organic compounds to comply with Section XVII, it shall be enclosed, have no visible emissions during normal operations, and be designed so that an observer can, by means of visual observation from the outside of the enclosed flare or combustion device, or by other convenient means approved by the Division, determine whether it is operating properly. The operator shall comply with all applicable requirements of Section XVII. 53. This equipment is subject to the control requirements for glycol natural gas dehydrators under Regulation No. 7, Section XVII.D (State only enforceable). Beginning May 1, 2008, uncontrolled actual emissions of volatile organic compounds from the still vent and vent from any gas -condensate -glycol (GCG) separator (flash separator or flash tank), if present, shall be reduced by an average of at least 90 percent through the use of air pollution control equipment. This source shall comply with all applicable general provisions of Regulation 7, Section XVII. 54. The condenser outlet temperature shall be recorded weekly in a log maintained on site and made available to the Division for inspection upon request. The condenser outlet temperature shall not exceed 160 °F on a monthly average basis. OPERATING & MAINTENANCE PLAN REQUIREMENTS 55. The applicant shall follow the most current operating and maintenance plan and record keeping format approved by the Division in order to demonstrate compliance on an ongoing basis with the requirements of this permit. Revisions to your O&M plan are subject to Division approval prior to implementation. (Reference: Regulation No. 3, Part B, Section III.G.7.) COMPLIANCE TESTING AND SAMPLING Initial Compliance Testing and Sampling Requirements 56. AIRS Points 001 and 010: The operator shall complete the initial sampling and analysis required by 40 CFR 60.18 and submit the results to the Division as part of the self -certification process to demonstrate that the enclosed flare is properly designed and operated. (Reference: Regulation No. 3, Part B, Section III.E.) 57. AIRS Points 003: The operator shall complete the initial sampling and analysis required by 40 CFR 60.18 and submit the results to the Division as part of the self -certification process to demonstrate that the enclosed flare is properly designed and operated. (Reference: Regulation No. 3, Part B, Section III.E.) 58. AIRS Point 003: The operator shall complete the initial water sampling for the inlet to Pond 1 as required by this permit in Condition 64 and submit the results to the Division AIRS ID: 045/0615 Page 15 of 30 WPX Energy Rocky Mountain LLC Permit No. 03GA0243 Issuance 2 Colorado Department of Public Health and Environment Air Pollution Control Division as part of the self -certification process to demonstrate compliance with emission limits. (Reference: Regulation No. 3, Part B, Section III.E.) 59. AIRS Point 004: The operator shall complete the initial analysis of incoming waste material as required by this permit in Condition 65 and submit the results to the Division as part of the self -certification process to demonstrate compliance with emissions limits. (Reference: Regulation No. 3, Part B, Section III.E.) 60. AIRS Point 013: The operator shall complete the initial water sampling for the inlet to North Pond, South Pond, Pond 2 and Pond 3 as required by this permit in Condition 66 and submit the results to the Division as part of the self -certification process to demonstrate compliance with emission limits. (Reference: Regulation No. 3, Part B, Section III.E.) 61. AIRS Point 013: The operator shall complete the initial biomass sampling as required by this permit in Condition 67 and submit the results to the Division as part of the self - certification process to demonstrate compliance with the minimum biomass concentration requirement as per Condition 42. (Reference: Regulation No. 3, Part B, Section III.E.) 62. AIRS Point 014: The operator shall complete the initial water sampling as required by this permit in Condition 68 and submit the results to the Division as part of the self - certification process to demonstrate compliance with emission limits. (Reference: Regulation No. 3, Part B, Section III.E.) 63. AIRS Point 017: The operator shall complete the initial annual extended wet gas analysis testing required by this permit in Condition 69 and submit the results to the Division as part of the self -certification process to demonstrate compliance with emissions limits. (Reference: Regulation No. 3, Part B, Section III.E.) Periodic Testing and Sampling Requirements 64. AIRS Point 003: The operator shall sample the wastewater inlet to Pond 1 (or the Field Water Polishing Tanks water outlet) to determine volatile organic compounds (VOC) and hazardous air pollutant (HAP) concentrations, including total hydrocarbons (including gasoline range and diesel range), benzene, toluene, ethylbenzene, xylene, and methanol. These samples shall be analyzed using EPA Method 8260 for benzene, toluene, ethylbenzene, and xylene and EPA Method 8015 for methanol, gasoline range organics (total volatile hydrocarbons), and diesel range organics (total extractable hydrocarbons). EPA Method 418.1 for total recoverable petroleum hydrocarbons (TRPH) may be used as an alternative to gasoline range organics plus diesel range organics. The operator may request, in writing, to use an alternative EPA -approved sampling method and upon Division approval, implement the proposed alternative method. No alternative sampling methods shall be implemented without prior approval from the Division. A sample of the wastewater inlet to Pond 1 (or the Field Water Polishing Tanks water outlet) shall be collected and analyzed at a minimum frequency of once per calendar month. Sample results shall be used to calculate emissions as required by Condition 19. If more frequent sampling is conducted, then all samples of the wastewater inlet to the pond collected during the calendar month will be averaged and then used to calculate emissions as specified in Condition 19. Samples shall be collected no less than at least seven (7) days apart. The operator shall maintain records of all sampling events and the AIRS ID: 045/0615 Page 16 of 30 WPX Energy Rocky Mountain LLC Permit No. 03GA0243 Issuance 2 Colorado Department of Public Health and Environment Air Pollution Control Division records shall be made available to the Division for inspection upon request. The operator shall flag monthly records if any sampling results are noted by the laboratory as beyond QA/QC criteria limits. 65. AIRS Point 004: A representative sample of the incoming waste material prior to mixing shall be collected and analyzed to determine concentration of total hydrocarbons (including gasoline range and diesel range), benzene, toluene, ethylbenzene, xylene, methanol, and n -hexane. The samples shall be analyzed using the appropriate EPA methods, such as EPA Method SW8260B. The operator may request, in writing, to use an alternative EPA -approved sampling method and upon Division approval, implement the proposed alternative method. No alternative sampling methods shall be implemented without prior approval from the Division. Samples of the incoming waste material shall be collected prior to mixing and/or placement in the landfarm/biopiles and the samples shall be analyzed at a minimum frequency of once per calendar month. Sample results shall be used to calculate emissions of VOC and hazardous air pollutants as required by Condition 31. If more frequent sampling is conducted, then all samples of the incoming waste material collected during the calendar month will be averaged and then used to calculate emissions as specified in Condition 31. Samples shall be collected no less than at least seven (7) days apart. The operator shall maintain records of all sampling events and the records shall be made available to the Division for inspection upon request. The operator shall flag monthly records if any sampling results are noted by the laboratory as beyond QA/QC criteria limits. Note that if no waste material is placed in the landfarm/biopiles in that month, monthly sampling is not required. 66. AIRS Point 013: The operator shall sample the wastewater inlet to the pond system that includes North Pond, South Pond, Pond 2 and Pond 3 (or the DAF Tanks water outlet) to determine volatile organic compounds (VOC) and hazardous air pollutant (HAP) concentrations, including total hydrocarbons (including gasoline range and diesel range), benzene, toluene, ethylbenzene, xylene and methanol. These samples shall be analyzed using EPA Method 8260 for benzene, toluene, ethylbenzene, and xylene and EPA Method 8015 for methanol, gasoline range organics (total volatile hydrocarbons), and diesel range organics (total extractable hydrocarbons). EPA Method 418.1 for total recoverable petroleum hydrocarbons (TRPH) may be used as an alternative to gasoline range organics plus diesel range organics. The operator may request, in writing, to use an alternative EPA -approved sampling method and upon Division approval, implement the proposed alternative method. No alternative sampling methods shall be implemented without prior approval from the Division. A sample of the wastewater inlet to the pond system that includes North Pond, South Pond, Pond 2 and Pond 3 (or the DAF Tanks water outlet) shall be collected and analyzed at a minimum frequency of once per calendar month. Sample results shall be used to calculate emissions as required by Condition 38. If more frequent sampling is conducted, then all samples of the wastewater inlet to the pond system collected during the calendar month will be averaged and then used to calculate emissions as specified in Condition 38. Samples shall be collected no less than at least seven (7) days apart. The operator shall maintain records of all sampling events and the records shall be made available to the Division for inspection upon request. The operator shall flag monthly records if any sampling results are noted by the laboratory as beyond QA/QC criteria limits. AIRS ID: 045/0615 Page 17 of 30 WPX Energy Rocky Mountain LLC Permit No. 03GA0243 Issuance 2 Colorado Department of Public Health and Environment Air Pollution Control Division 67. AIRS Point 013: The operator shall sample each pond to determine the biomass concentration in each pond. The average of the measured biomass concentrations from the four ponds shall be used to calculate emissions as required by Condition 38 and to demonstrate compliance with the minimum biomass concentration limit identified in Condition 42. These samples shall be collected based on a composite sample from each pond consisting of water collected from three points across the surface of each pond, three points around midpoint depth of each pond, and 3 sampling points at the bottom of each pond. The samples shall be analyzed using EPA Standard Method 2540 B for total solids and 2540 E for volatile solids (EPA Method 160.4 may be used as an alternative to Method 2540 E), and biomass concentration shall be reported as volatile solids concentration in g/m3. As an alternative, the samples shall be analyzed using EPA Standard Method 9215 and biomass concentration shall be reported in CFUs/mL. The heterotrophic plate count (HPC) shall then be converted to g/m3 using a standardized bacteria weight of 1 x 10-12 gram per CFU and the following formula: FU Biomass concentration (m3) = Sampled HPC results ( l U) x (1 x 10-12 CrFU ) x (1 x 106 m1n 3 ) H20) The converted valued in g/m3 shall then be used to determine compliance with the minimum biomass concentration limit and to calculate emissions, as detailed above. Composite samples of each pond shall be collected and analyzed once per calendar month. During monthly sampling, samples shall be collected no less than at least seven (7) days apart. The operator shall flag monthly records if any sampling results are noted by the laboratory as beyond QA/QC criteria limits. 68. AIRS Point 014: The operator shall sample the inlet of the water circulation pumps to determine volatile organic compounds (VOC) and hazardous air pollutant (HAP) concentrations, including total hydrocarbons (including gasoline range and diesel range), benzene, toluene, ethylbenzene, xylene, and methanol. These samples shall be analyzed using EPA Method 8260 for benzene, toluene, ethylbenzene, and xylene and EPA Method 8015 for methanol, gasoline range organics (total volatile hydrocarbons), and diesel range organics (total extractable hydrocarbons). EPA Method 418.1 for total recoverable petroleum hydrocarbons (TRPH) may be used as an alternative to gasoline range organics plus diesel range organics. The operator may request, in writing, to use an alternative EPA -approved sampling method and upon Division approval, implement the proposed alternative method. No alternative sampling methods shall be implemented without prior approval from the Division. A sample of the inlet of the water circulation pumps shall be collected and analyzed at a minimum frequency of once per calendar month. Sample results shall be used to calculate emissions as required by Condition 47. If more frequent sampling is conducted, then all samples of the inlet of the water circulation pumps collected during the calendar month will be averaged and then used to calculate emissions as specified in Condition 47. Samples shall be collected no less than at least seven (7) days apart. The operator shall maintain records of all sampling events and the records shall be made available to the Division for inspection upon request. The operator shall flag monthly records if any sampling results are noted by the laboratory as beyond QA/QC criteria limits. Note that if no water is routed for induced evaporation for that month, monthly sampling is not required. AIRS ID: 045/0615 Page 18 of 30 WPX Energy Rocky Mountain LLC Permit No. 03GA0243 Issuance 2 Colorado Department of Public Health and Environment Air Pollution Control Division 69. AIRS Point 017: The operator shall complete an extended wet gas analysis prior to the inlet of the DEG dehydrator on an annual basis. Results of the most recent extended wet gas analysis shall be used to calculate emissions of criteria pollutants and hazardous air pollutants per Condition 49. ADDITIONAL REQUIREMENTS 70. A revised Air Pollutant Emission Notice (APEN) shall be filed: (Reference: Regulation No. 3, Part A, II.C) a. Annually whenever a significant increase in emissions occurs as follows: For any criteria pollutant: For sources emitting 100 tons per year or more, a change in actual emissions of five percent or 50 tons per year or more, whichever is less, above the level reported on the last APEN submitted; or For any non -criteria reportable pollutant: If the emissions increase by 50% or five (5) tons per year, whichever is less, above the level reported on the last APEN submitted to the Division. b. Whenever there is a change in the owner or operator of any facility, process, or activity; or c. Whenever new control equipment is installed, or whenever a different type of control equipment replaces an existing type of control equipment; or d. Whenever a permit limitation must be modified; or e. No later than 30 days before the existing APEN expires. 71. All previous versions of this permit are cancelled upon issuance of this permit. 72. This source is subject to the provisions of Regulation number 3, Part C, Operating Permits (Title V of the 1990 Federal Clean Air Act Amendments). The application for the Operating Permit is due within one year of becoming major. 73. Prevention of Significant Deterioration (PSD) requirements shall apply to this source at any such time that this source becomes major solely by virtue of a relaxation in any permit condition. Any relaxation that increases the potential to emit above the applicable PSD threshold will require a full PSD review of the source as though construction had not yet commenced on the source. The source shall not exceed the PSD threshold until a PSD permit is granted. (Regulation No. 3 Part D, VI.B.4). GENERAL TERMS AND CONDITIONS: 74. This permit and any attachments must be retained and made available for inspection upon request. The permit may be reissued to a new owner by the APCD as provided in AQCC Regulation No. 3, Part B, Section 113 upon a request for transfer of ownership and the submittal of a revised APEN and the required fee. 75. If this permit specifically states that final authorization has been granted, then the remainder of this condition is not applicable. Otherwise, the issuance of this construction permit does not provide "final" authority for this activity or operation of this source. Final authorization of the permit must be secured from the APCD in writing in accordance with the provisions of 25-7-114.5(12)(a) C.R.S. and AQCC Regulation No. 3, Part B, Section AIRS ID: 045/0615 Page 19 of 30 WPX Energy Rocky Mountain LLC Permit No. 03GA0243 Issuance 2 Colorado Department of Public Health and Environment Air Pollution Control Division III.G. Final authorization cannot be granted until the operation or activity commences and has been verified by the APCD as conforming in all respects with the conditions of the permit. Once self -certification of all points has been reviewed and approved by the Division, it will provide written documentation of such final authorization. Details for obtaining final authorization to operate are located in the Requirements to Self - Certify for Final Authorization section of this permit. 76. This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon conduct of the activity, or construction, installation and operation of the source, in accordance with this information and with representations made by the applicant or applicant's agents. It is valid only for the equipment and operations or activity specifically identified on the permit. 77. Unless specifically stated otherwise, the general and specific conditions contained in this permit have been determined by the APCD to be necessary to assure compliance with the provisions of Section 25-7-114.5(7)(a), C.R.S. 78. Each and every condition of this permit is a material part hereof and is not severable. Any challenge to or appeal of a condition hereof shall constitute a rejection of the entire permit and upon such occurrence, this permit shall be deemed denied ab initio. This permit may be revoked at any time prior to self -certification and final authorization by the Air Pollution Control Division (APCD) on grounds set forth in the Colorado Air Quality Control Act and regulations of the Air Quality Control Commission (AQCC), including failure to meet any express term or condition of the permit. If the Division denies a permit, conditions imposed upon a permit are contested by the applicant, or the Division revokes a permit, the applicant or owner or operator of a source may request a hearing before the AQCC for review of the Division's action. 79. Section 25-7-114.7(2)(a), C.R.S. requires that all sources required to file an Air Pollution Emission Notice (APEN) must pay an annual fee to cover the costs of inspections and administration. If a source or activity is to be discontinued, the owner must notify the Division in writing requesting a cancellation of the permit. Upon notification, annual fee billing will terminate. 80. Violation of the terms of a permit or of the provisions of the Colorado Air Pollution Prevention and Control Act or the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under Sections 25-7-115 (enforcement), -121 (injunctions), -122 (civil penalties), -122.1 (criminal penalties), C.R.S. By: Stephanie Chaousy, PE Permit Engineer AIRS ID: 045/0615 Page 20 of 30 Permit Histo Issuance Date Description Issuance 2 This Issuance Point 017: Change in permit and throughput limits. Major facility. Issuance 1 September 27, 2011 • Modified condensate throughput for condensate tanks and loading rack from 65,700 bbl/yr to 930,000 bbl/yr. • Modified facility wide water throughput from 146,000 bbl/yr to 9,300,000 bbl/yr. • Added two condensate storage tanks, four 1,000 bbl inlet separator tanks, six 500 bbl surge tanks, two 400 bbl polishing tanks, ten 500 bbl emulsion/treating tanks, one 17.1 - acre landfarm/biopiles, two 353 bbl DAF Tanks, one 5.0 MMBtu/hr hot oil heater, three enclosed flares, one 1 MMSCF/day DEG dehy, six 500 bbl Back-up Storage & Working Tanks, two 500 bbl water injection tanks, two wastewater ponds and 500,000 bbl/yr of water evaporated. • Change facility name from Grand Valley Oil Separation and Evaporation Facility to Parachute Water Management Facility Initial Approval February 3, 2005 Issued to Williams Production RMT Company WPX Energy Rocky Mountain LLC Permit No. 03GA0243 Issuance 2 Colorado Department of Public Health and Environment Air Pollution Control Division AIRS ID: 045/0615 Page 21 of 30 WPX Energy Rocky Mountain LLC Permit No. 03GA0243 Issuance 2 Colorado Department of Public Health and Environment Air Pollution Control Division Notes to Permit Holder: 1) The production or raw material processing limits and emission limits contained in this permit are based on the consumption rates requested in the permit application. These limits may be revised upon request of the permittee providing there is no exceedance of any specific emission control regulation or any ambient air quality standard. A revised air pollution emission notice (APEN) and application form must be submitted with a request for a permit revision. 2) This source is subject to the Common Provisions Regulation Part II, Subpart E, Affirmative Defense Provision for Excess Emissions During Malfunctions. The permittee shall notify the Division of any malfunction condition which causes a violation of any emission limit or limits stated in this permit as soon as possible, but no later than noon of the next working day, followed by written notice to the Division addressing all of the criteria set forth in Part II.E.1. of the Common Provisions Regulation. See: http://www.cdphe.state.co.us/requlations/airreqs/100102agcccommonprovisionsreq.pdf. 3) The following emissions of non -criteria reportable air pollutants are estimated based upon the process limits as indicated in this permit. This information is listed to inform the operator of the Division's analysis of the specific compounds emitted if the source(s) operate at the permitted limitations. AIRS Point Pollutant CAS # BIN Uncontrolled Emission Rate (Ib/yr) Are the emissions reportable? Controlled Emission Rate (Ib/yr) 001 Benzene 71432 A 349 YES 17.4 Toluene 108883 C 729.8 No 36.5 Ethylbenzene 100414 C 23.3 No 1.2 Xylene 1330207 C 284.5 No 14.2 Hexane 110543 C 1,469.5 YES 73.5 002 Benzene 71432 A 920 YES NA Toluene 108883 C 6,780 YES NA Ethylbenzene 100414 C 660 No NA Xylene 1330207 C 9,620 YES NA Hexane 110543 C 2,360 YES NA 003 Benzene 71432 A 268,249 YES 13,412 Toluene 108883 C 691,357 YES 34,568 Ethylbenzene 100414 C 90,337 YES 4,517 Xylene 1330207 C 462,988 YES 23,149 Methanol 67561 C 153,473 YES 7,674 004 Benzene 71432 A 12,588 YES 6,294 Toluene 108883 C 75,615 YES 37,808 Ethylbenzene 100414 C 6,070 YES 3,035 Xylene 1330207 C 88,807 YES 44,404 AIRS ID: 045/0615 Page 22 of 30 WPX Energy Rocky Mountain LLC Permit No. 03GA0243 Issuance 2 Colorado Department of Public Health and Environment Air Pollution Control Division AIRS Point Pollutant CAS # BIN Uncontrolled Emission Rate (Ib/yr) Are the emissions reportable? Controlled Emission Rate (Ib/yr) Hexane 110543 C 9,161 YES 4,580 Methanol 67561 C 6,561 YES 3,281 005 Benzene 71432 A 112.3 YES 5.6 Toluene 108883 C 234.8 No 11.7 Ethylbenzene 100414 C 7.5 No 0.4 Xylene 1330207 C 91.5 No 4.6 Hexane 110543 C 472.8 No 23.6 006 Benzene 71432 A 796.7 YES 39.8 Toluene 108883 C 1,666 YES 83.3 Ethylbenzene 100414 C 53.1 No 2.7 Xylene 1330207 C 649.5 No 32.5 Hexane 110543 C 3,354.7 YES 167.7 007 Benzene 71432 A 229 YES 11.5 Toluene 108883 C 478.9 No 23.9 Ethylbenzene 100414 C 15.3 No 0.8 Xylene 1330207 C 186.7 No 9.3 Hexane 110543 C 964.3 No 48.2 009 Benzene 71432 A 16,100 YES 805 Toluene 108883 C 41,500 YES 2,075 Ethylbenzene 100414 C 6,750 YES 337.5 Xylene 1330207 C 27,500 YES 1,375 Hexane 110543 C 92,000 YES 4,600 Methanol 67561 C 4,050 YES 202.5 010 Benzene 71432 A 632.8 YES 31.6 Toluene 108883 C 1,169.9 YES 58.5 Ethylbenzene 100414 C 31.5 No 1.6 Xylene 1330207 C 358.8 No 17.9 Hexane 110543 C 2,835.4 YES 141.8 011 Benzene 71432 A 1,255.5 YES 62.8 Toluene 108883 C 4,278 YES 213.9 Ethylbenzene 100414 C 878.9 No 43.9 AIRS ID: 045/0615 Page 23 of 30 WPX Energy Rocky Mountain LLC Permit No. 03GA0243 Issuance 2 Colorado Department of Public Health and Environment Air Pollution Control Division AIRS Point Pollutant CAS # BIN Uncontrolled Emission Rate (Ib/yr) Are the emissions reportable? Controlled Emission Rate (Ib/yr) Xylene 1330207 C 3,413 YES 170.7 Hexane 110543 C 13,903.5 YES 695.2 Methanol 67561 C 488.3 No 24.4 013 Benzene 71432 A 146,511 YES 48,631 Toluene 108883 C 388,977 YES 102,141 Ethylbenzene 100414 C 52,029 YES 14,194 Xylene 1330207 C 251,747 YES 76,626 Methanol 67561 C 1,148,635 YES 343,540 014 Benzene 71432 A 1,982 YES NA Toluene 108883 C 5,265 YES NA Ethylbenzene 100414 C 705 No NA Xylene 1330207 C 3,407 YES NA Methanol 67561 C 43,813 YES NA 017 Benzene 71432 A 5053 YES 1011 Toluene 108883 C 20181 YES 3322 Ethylbenzene 100414 C 2247 YES 133 Xylene 1330207 C 12729 YES 680 Hexane 110543 C 490 No 255 020 Benzene 71432 A 5.4 No NA Toluene 108883 C 10 No NA Ethylbenzene 100414 C 0.3 No NA Xylene 1330207 C 3.1 No NA Hexane 110543 C 24.2 No NA Methanol 67561 C 8,939.5 YES NA 021 Benzene 71432 A 108.6 YES 5.4 Toluene 108883 C 227 No 11.4 Ethylbenzene 100414 C 7.2 No 0.4 Xylene 1330207 C 88.5 No 4.4 Hexane 110543 C 457.1 No 22.9 022 Benzene 71432 A 94.4 YES 4.7 AIRS ID: 045/0615 Page 24 of 30 WPX Energy Rocky Mountain LLC Permit No. 03GA0243 Issuance 2 Colorado Department of Public Health and Environment Air Pollution Control Division AIRS Point Pollutant CAS # BIN Uncontrolled Emission Rate (Ib/yr) Are the emissions reportable? Controlled Emission Rate (Ib/yr) Condensate Throughput Toluene 108883 C 197.3 No 9.9 Ethylbenzene 100414 C 6.3 No 0.3 Xylene 1330207 C 76.9 No 3.8 Hexane 110543 C 397.3 No 19.9 4) The emission levels contained in this permit are based on the following emission factors: Point 001: Point 002: CAS # Pollutant Uncontrolled Emission Factors Ib/BBL Control Source CAS # Pollutant Condensate Throughput (%) Source 71432 VOC 2.75 x 10-2 95 EPA Tanks 4.0.9d 71432 Benzene 3.75 x 10-4 95 EPA Tanks 4.0.9d 108883 Toluene 7.85 x 10-4 95 EPA Tanks 4.0.9d 100414 Ethylbenzene 2.50 x 10-5 95 EPA Tanks 4.0.9d 1330207 Xylene 3.06 x 10-4 95 EPA Tanks 4.0.9d 110543 n -Hexane 1.58 x 10-' 95 EPA Tanks 4.0.9d Point 002: CAS # Pollutant Uncontrolled Emission Factors Ib/BBL Condensate Throughput Control (%) Source VOC 1.27 x 10-1 NA AP -42, Section 5.2 71432 Benzene 9.89 x 10-4 NA AP -42, Section 5.2 108883 Toluene 7.29 x 10-3 NA AP -42, Section 5.2 100414 Ethylbenzene 7.10 x 10-4 NA AP -42, Section 5.2 1330207 Xylene 1.03 x 10-2 NA AP -42, Section 5.2 110543 n -Hexane 2.54 x 10-' NA AP -42, Section 5.2 Permitted emissions limits are based on Equation 1 in AP -42 Section 5.2 (version 1/95) and based on the loadout operating with submerged loading and in dedicated normal service. Point 003: The emission levels contained in this permit are based on information provided in the application and AP -42, Chapter 4.3 Equations 1, 2, 7, and 12. For the pond, actual emissions shall be calculated using AP -42, Chapter 4.3 Equations 1, 2, 7, and 12 and the most recent operational parameters, including field water throughput and water contaminant concentrations. Additionally, the operator shall apply 95% control efficiency to calculate actual controlled emissions. VOC emissions are based on the sum of total hydrocarbons (gasoline range organics plus diesel range organics) plus methanol. Point 004: The emission levels contained in this permit are based on information provided in the application and mass balance. Actual emissions shall be calculated using a mass balance approach by multiplying the actual mass of waste material transferred to the landfarm/biopile and the most recent analytical results of the incoming waste material (prior to mixing). To calculate uncontrolled emissions of VOC, 100% evaporation shall be applied to gasoline range organics, benzene, toluene, ethylbenzene, AIRS ID: 045/0615 Page 25 of 30 WPX Energy Rocky Mountain LLC Permit No. 03GA0243 Issuance 2 Colorado Department of Public Health and Environment Air Pollution Control Division xylene, methanol, and n -hexane, and 60% evaporation shall be applied to diesel range organics. Total uncontrolled VOC emissions shall be the sum of gasoline range organics, diesel range organics, and methanol emissions as calculated per the method above. A 50% control efficiency, based on satisfying the RACT requirements specified in this permit, shall be applied to calculate actual controlled emissions. Point 005: Point 006: Pollutant Uncontrolled Emission Factors Ib/BBL Control Source CAS # Pollutant Condensate Throughput (%) Source 71432 VOC 3.22 x 10-1 95 EPA Tanks 4.0.9d 71432 Benzene 4.39 x 10-4 95 EPA Tanks 4.0.9d 108883 Toluene 9.19 x 10-4 95 EPA Tanks 4.0.9d 100414 Ethylbenzene 2.93 x 10-5 95 EPA Tanks 4.0.9d 1330207 Xylene 3.58 x 10-4 95 EPA Tanks 4.0.9d 110543 n -Hexane 1.85 x 10-3 95 EPA Tanks 4.0.9d Point 006: Point 007: Pollutant Uncontrolled Emission Factors Ib/BBL Control Source CAS # Pollutant Wastewater Throughput (%) Source 71432 VOC 6.27 x 10-3 95 EPA Tanks 4.0.9d 71432 Benzene 8.57 x 10-5 95 EPA Tanks 4.0.9d 108883 Toluene 1.79 x 10-4 95 EPA Tanks 4.0.9d 100414 Ethylbenzene 5.71 x 10-5 95 EPA Tanks 4.0.9d 1330207 Xylene 6.98 x 10-5 95 EPA Tanks 4.0.9d 110543 n -Hexane 3.61 x 10-4 95 EPA Tanks 4.0.9d Point 007: Point 009: CAS # Pollutant Uncontrolled Emission Factors Ib/BBL Control Source CAS # Pollutant Wastewater Throughput (%) Source 71432 VOC 1.80 x 10-3 95 EPA Tanks 4.0.9d 71432 Benzene 2.46 x 10-5 95 EPA Tanks 4.0.9d 108883 Toluene 5.15 x 10-5 95 EPA Tanks 4.0.9d 100414 Ethylbenzene 1.64 x 10-' 95 EPA Tanks 4.0.9d 1330207 Xylene 2.01 x 10-5 95 EPA Tanks 4.0.9d 110543 n -Hexane 1.04 x 10.4 95 EPA Tanks 4.0.9d Point 009: CAS # Pollutant Uncontrolled Emission Factors Ib/BBL Emulsion Fluid Throughput Control (%) Source VOC 7.19 x 10-' 95 Stack testing, Eng Judgment 71432 Benzene 1.61 x 10-1 95 Stack testing, Eng Judgment 108883 Toluene 4.15 x 10-1 95 Stack testing, Eng Judgment 100414 Ethylbenzene 6.75 x 10-3 95 Stack testing, Eng Judgment 1330207 Xylene 2.75 x 10-1 95 Stack testing, Eng Judgment 110543 n -Hexane 9.20 x 10-1 95 Stack testing, Eng Judgment 67561 Methanol 4.05 x 10-3 95 Stack testing, Eng Judgment AIRS ID: 045/0615 Page 26 of 30 WPX Energy Rocky Mountain LLC Permit No. 03GA0243 Issuance 2 Colorado Department of Public Health and Environment Air Pollution Control Division Point 010: Point 011: CAS # Pollutant Uncontrolled Emission Factors lb/BBL Fluids (Wastewater & Control Source CAS # Pollutant Condensate) Throughput (%) Source 71432 VOC 3.32 x 10-2 95 EPA Tanks 4.0.9d 71432 Benzene 4.64 x 10" 95 EPA Tanks 4.0.9d 108883 Toluene 8.57 x 10-4 95 EPA Tanks 4.0.9d 100414 Ethylbenzene 2.31 x 10-5 95 EPA Tanks 4.0.9d 1330207 Xylene 2.63 x 10-4 95 EPA Tanks 4.0.9d 110543 n -Hexane 2.08 x 10-' 95 EPA Tanks 4.0.9d Point 011: CAS # Pollutant Uncontrolled Emission Factors Ib/BBL Wastewater Throughput Control (%) Source VOC 1.56 x 10-2 95 Stack testing, Eng Judgment 71432 Benzene 1.35 x 10-4 95 Stack testing, Eng Judgment 108883 Toluene 4.60 x 104 95 Stack testing, Eng Judgment 100414 Ethylbenzene 9.45 x 10-5 95 Stack testing, Eng Judgment 1330207 Xylene 3.67 x 10-4 95 Stack testing, Eng Judgment 110543 n -Hexane 1.50 x 10-3 95 Stack testing, Eng Judgment 67561 Methanol 5.25 x 10-5 95 Stack testing, Eng Judgment Point 013: The emission levels contained in this permit are based on information provided in the application and AP -42, Chapter 4.3 Equations 1, 2, 3, 4, 7 and 16. For the pond, actual emissions shall be calculated using AP -42, Chapter 4.3 Equations 1, 2, 3, 4, 7 and 16 and the most recent operational parameters, including wastewater throughput, biomass concentrations and pond inlet contaminant concentrations. VOC emissions are based on the sum of total hydrocarbons (gasoline range organics plus diesel range organics) plus methanol. Point 014: The emission levels contained in this permit are based on information provided in the application and mass balance. Actual emissions shall be calculated using a mass balance approach by multiplying the actual amount of treated water evaporated and the most recent analytical results of the inlet to the water circulation pump. VOC emissions are based on the sum of total hydrocarbons (gasoline range organics plus diesel range organics) plus methanol. Point 017: The emission levels contained in this permit are based on information provided in the application and the GRI GlyCalc 4.0 model. Point 020: CAS # Pollutant Uncontrolled Emission Factors Ib/BBL Wastewater Throughput Control (%) Source VOC 9.90 x 10-4 NA EPA Tanks 4.0.9d 71432 Benzene 5.79 x 104 NA EPA Tanks 4.0.9d 108883 Toluene 1.07 x 10 NA EPA Tanks 4.0.9d 100414 Ethylbenzene 2.80 x 10$ NA EPA Tanks 4.0.9d 1330207 Xylene 3.30 x 10-' NA EPA Tanks 4.0.9d AIRS ID: 045/0615 Page 27 of 30 WPX Energy Rocky Mountain LLC Permit No. 03GA0243 Issuance 2 Colorado Department of Public Health and Environment Air Pollution Control Division Point 021: Status Uncontrolled Emission Control PSD CAS # Pollutant Factors Ib/BBL Control Source CAS # Pollutant Wastewater Throughput (%) Source 110543 n -Hexane 2.60 x 10-5 NA EPA Tanks 4.0.9d 67561 Methanol 9.61 x 10-4 NA EPA Tanks 4.0.9d Point 021: Point 022: Status Uncontrolled Emission Factors Ib/BBL Control PSD CAS # Pollutant Wastewater Throughput (%) Source VOC 3.11 x 10-3 95 EPA Tanks 4.0.9d 71432 Benzene 4.25 x 10-5 95 EPA Tanks 4.0.9d 108883 Toluene 8.89 x 10-5 95 EPA Tanks 4.0.9d 100414 Ethylbenzene 2.83 x 10-5 95 EPA Tanks 4.0.9d 1330207 Xylene 3.46 x 10-5 95 EPA Tanks 4.0.9d 110543 n -Hexane 1.79 x 10-4 95 EPA Tanks 4.0.9d Point 022: 5) In accordance with C.R.S. 25-7-114.1, each Air Pollutant Emission Notice (APEN) associated with this permit is valid for a term of five years from the date it was received by the Division. A revised APEN shall be submitted no later than 30 days before the five-year term expires. Please refer to the most recent annual fee invoice to determine the APEN expiration date for each emissions point associated with this permit. For any questions regarding a specific expiration date call the Division at (303)-692-3150. 6) This facility is classified as follows: Applicable Requirement Status Uncontrolled Emission Factors Ib/BBL Control PSD CAS # Pollutant Wastewater Throughput (%) Source VOC 2.70 x 10-' 95 EPA Tanks 4.0.9d 71432 Benzene 3.69 x 10-5 95 EPA Tanks 4.0.9d 108883 Toluene 7.72 x 10-5 95 EPA Tanks 4.0.9d 100414 Ethylbenzene 2.46 x 104' 95 EPA Tanks 4.0.9d 1330207 Xylene 3.01 x 10-5 95 EPA Tanks 4.0.9d 110543 n -Hexane 1.56 x 10-4 95 EPA Tanks 4.0.9d 5) In accordance with C.R.S. 25-7-114.1, each Air Pollutant Emission Notice (APEN) associated with this permit is valid for a term of five years from the date it was received by the Division. A revised APEN shall be submitted no later than 30 days before the five-year term expires. Please refer to the most recent annual fee invoice to determine the APEN expiration date for each emissions point associated with this permit. For any questions regarding a specific expiration date call the Division at (303)-692-3150. 6) This facility is classified as follows: Applicable Requirement Status Operating Permit Major: HAPS, VOC PSD Synthetic Minor for VOC MACT HH Area Source 7) Full text of the Title 40, Protection of Environment Electronic Code of Federal Regulations can be found at the website listed below: http://ecfr.gpoaccess.gov/ AIRS ID: 045/0615 Page 28 of 30 WPX Energy Rocky Mountain LLC Permit No. 03GA0243 Issuance 2 Colorado Department of Public Health and Environment Air Pollution Control Division Part 60: Standards of Performance for New Stationary Sources NSPS 60.1 -End Subpart A — Subpart KKKK NSPS Part 60, Appendixes Appendix A — Appendix 1 Part 63: National Emission Standards for Hazardous Air Pollutants for Source Categories MACT 63.1-63.599 Subpart A — Subpart Z MACT 63.600-63.1199 Subpart AA — Subpart DDD MACT 63.1200-63.1439 Subpart EEE — Subpart PPP MACT 63.1440-63.6175 Subpart QQQ — Subpart YYYY MACT 63.6580-63.8830 Subpart ZZZZ — Subpart MMMMM MACT 63.8980 -End Subpart NNNNN — Subpart XXXXXX 8) An Oil and Gas Industry Construction Permit Self -Certification Form is included with this permit packet. Please use this form to complete the self -certification requirements as specified in the permit conditions. Further guidance on self -certification can be found on our website at: http://www.cdphe.state.co.us/ap/oilgaspermitting.html AIRS ID: 045/0615 Page 29 of 30 WPX Energy Rocky Mountain LLC Permit No. 03GA0243 Issuance 2 Colorado Department of Public Health and Environment Air Pollution Control Division Attachment A Best Management Practices Plan The landfarm/biopiles will be managed to ensure biodegradation is occurring as outlined in this plan. Water will be added to the landfarm/biopiles as needed and waste will be tilled after amendment addition to facilitate distribution of the nutrients. Samples of the landfarm/biopiles will be collected and analyzed once per calendar month to confirm the appropriate environment is being maintained to ensure biodegradation can occur. The table below specifies the parameters that must be analyzed on a monthly basis. Monthly samples will be collected no less than at least seven (7) days apart. The landfarm/biopiles material collected for the monthly sampling must be representative of the material contained within the landfarm/biopiles. Note that samples collected as required under this plan are separate from samples of incoming waste material as required by Condition 65 of this permit. Specifically, TPH results based on material within the landfarm/biopiles will not be used for emission estimation purposes. Parameter Range Heterotrophic Plate Counts > 1,000 CFUs per gram Soil Moisture Content 12% to 30% by weight Soil pH 6 to 8 Total Nitrogen 1% to 10% of hydrocarbon mass Total Phosphorous 0.5% to 1% of hydrocarbon mass TPH < 50,000 mg/kg If any monthly sampling result deviates from the ranges above, mitigation will be conducted to re- establish ranges to promote biological activity. Mitigation procedures for parameters outside of the above effective ranges are listed below: Heterotrophic plate counts — adjustment of other parameters or addition of petroleum degrading microbes. Soil moisture content — increased by increasing the frequency or volume of onsite watering operations. Decreased through additional site grading and installation of drainage controls. Frequent watering shall be employed until such time that soil moisture testing demonstrates that proper moisture content, as described above, is being maintained. Soil pH — amended through a variety of pH control materials, including lime and elemental sulfur. Nutrients (Nitrogen and Phosphorus) — increased through fertilizer addition if less than the minimum optimal range. Caution will be exercised to avoid over -fertilization as that will inhibit microbial metabolism Soil TPH — lowered through more aggressive soil mixing operations to reduce TPH values to non-toxic levels or modifying other parameters to increase biodegradation. The operator shall maintain records of all sampling events and the records shall be made available to the Division for inspection upon request. The operator shall note monthly sampling results that are outside of the acceptable range identified in the table above and the operator shall maintain records of all mitigation steps taken to return to the desired range. AIRS ID: 045/0615 Page 30 of 30 _A. WATER RESOURCE CONSULTANTS, LLC October 26, 2014 Mr. Phil Vaughan Phil Vaughan Construction Management, Inc. 1038 County Road 323 Rifle, Colorado 81650 RE: Phil, Parachute Water Management Facility Energy Rocky Mountain, LLC Limited Impact Review Permit Thank you for copying me with Garfield County Public Health's October 24, 2014 comments to Community Development 1 regarding the above noted project. This letter is in response to item No. 4, which recommended monitoring wells be used to ensure no leakage occurs. To wit, 4. Water quality impacts: a. Despite the low potential for leakage from the ponds, I recommend monitoring wells be utilized around the treatment plant to ensure no leakage, from the ponds or from pipes, is occurring. I offer the following comments: 1) Monitoring wells are not a cure-all for providing leak detection or prevention. The intent of monitoring wells is noble, because they're often thought of by the public to be a primary indicator, i.e., a first line of defense that a leak may be occurring. However, as leak detection has matured over the past 30-50 years, it has been discovered that monitoring wells should seldom be used as a first line of defense, either for leak detection or leak prevention. Instead, facility design, construction and day-to-day management should always provide the first line of defense for leak prevention. This facility has been designed and constructed with that in mind. Additionally, operating procedures require a complete accounting of all liquids. Daily/weekly/monthly inspections of the facilities are also part of the operation. Most importantly, leak detection has to be commensurate with the size of the potential leak. Ponds correctly lined with HDPE, such as the ponds that are subject to this Limited Impact Review, require alternate leak detection (discussed below). 2) Monitoring wells at a site like the Parachute Water Management facility will be ineffective at providing useful feedback. This is due to the following: Review letter from Morgan Hill, Garfield County Public Health to Dave Pesnichak, Garfield County Community Development, dated Oct. 24, 2014. 244 Hutton Ave., Rifle, CO 81650 PH / Fax (970) 625-5433 pcurrier@wrc-Ilc.com Parachute Water Management Facility Response to Public Health's Oct. 24, 2014 Comments Page 2 of 2 Oct. 26, 2014 i. The ponds are lined with correctly installed HDPE geomembrane, with a secondary compacted clay liner underneath. This means that leakage, if it occurs, will be very, very low, on the order of a few gallons per day or week, for the lined ponds and evaporation aprons. The challenge with detecting such low volumes of water has led the industry to include leak detection systems between the liners. The Parachute Facility included leak detection pipes between the liners for the testing of interstitial space 2. The secondary liner acts as a collector for what little leakage that may occur through the primary liner. Operating procedures at the plant require that the leak detection sumps be monitored on a monthly basis. ii. A contaminant transport mechanism requires flowing water. In order to have flowing water at this location, the ponds would have to have a catastrophic failure that would completely rupture the primary liner and secondary liner, and release fluids to the subgrade. Additionally, the subgrade soils would have to somehow be fractured or loosened sufficiently that water could move through the soils. Given that the HDPE liner is, for all intents and purposes, 100% impermeable, and compacted clay secondary liner has an extremely low permeability, and beneath the secondary liner is 15-30 feet of clayey colluvium soils with a low permeability, then a bedrock formation with an even lower permeability... the potential for catastrophic leakage that would reach a monitoring well, is essentially zero. iii. Daily observations of operations, such as pond levels and piping, will detect a sudden change in water levels much, much faster and better than monitoring wells. Additionally, the accounting system has to account for every drop of water that enters or leaves the system. Any losses have to be accounted for. In summary, the existing leak detection system with the interstitial leak detection pipes is much, much better than monitoring wells, and provides a better line of defense to detect leakage from the ponds and evaporation aprons. Therefore, I do not recommend that monitoring wells be installed. Should you have any questions, please do not hesitate to contact me. Sincerely, WATER RESOURCE CONSULTANTS, LLC 00 REG/car � - •. lig . • R pe 0 - i f1 Paul C. Currier, P.E. PCC/pcc / 431-1.0 Groundwater 10-26-14.doc 2 Operating Manual, Williams Production RMT Company, Parachute Centralized E&P Waste Management Facility, March 2009, Rev. 1.0, page 3. WATER RESOURCE CONSULTANTS, LLC 1038 Cou+vey Rd 323\w Rifle, CO 81650 October 30, 2014 Chris Hale, P.E. Mountain Cross Engineering, Inc. 826 1/2 Grand Ave. Glenwood Springs, CO 81601 Sent via email: chrisAmountaincross-eng.com Dear Chris, Please find below and attached replies to your 10/22/14 memo to Dave Pesnichak in regards to the WPX Energy Parachute Water Management Facility LIPA-8048. 1. The Applicant should provide a CDOT access permit to Garfield County. Conditions of the access permit may revise the entrance design. Applicant Reply: Once the CDOT access permit is issued, we will submit this document to Garfield County. 2. The Applicant should explain how runoff is captured and discharged from the ponds in greater detail. It is unclear from the submittals how precipitation is separated from the treatment water. The Applicant should address how precipitation water is released. It is understood that the water being treated is "non -tributary" however the Applicant may need to show legal rights to the precipitation water if being used. Applicant Reply: WPX Energy's intent is not to collect rainwater. Rainwater collection is incidental and is not being capturing for beneficial reuse. Colorado Division of Water Resources (CDWR) clarifies storm water management as long as precipitation is not for beneficial reuse. WPX is in compliance with Colorado Oil and Gas Conservation Commission (COGCC) and Colorado Department of Public Health and Environment (CDPHE) requirements on all water requirements. 3. Box culverts are being proposed to replace the CMP pipes and are designed for the 5 -year storm. Statistically speaking, there is a 20% change any given year that water will surcharge the box culvert and overtop the road. The Applicant should address how the overtopping may damage the road and what level of erosion might be expected. Also, the Applicant should address if there is another access available during a flooding event. Page 1 of 2 Applicant Reply: Please find attached the Sopris Engineering, LLC reply dated 10/28/14 addressing this issue. If you have questions or comments, please do not hesitate to call our office at (970) 625-5350. Sincerely, Phil Vaughan Construction Management, Inc. Philip B. Vaughan President Attachments: A. 10/22/14 Chris Hale, P.E. Letter B. 10/28/14 Sopris Engineering, LLC Letter Page 2 of 2 October 22, 2014 Mr. David Pesnichak Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 MOUNTAIN CROSS ENGINEERING, INC. Civil and Environmental Consulting and Design RE: Review of Parachute Water Management Facility: LIPA-8048 Dear David: This office has performed a review of the documents provided for the Limited Impact application of the Parachute Water Management Facility for WPX Energy Rocky Mountain, LLC. The submittal was found to be thorough and well organized. The review generated the following comments: 1. The Applicant should provide a CDOT access permit to Garfield County. Conditions of the access permit may revise the entrance design. 2. The Applicant should explain how runoff is captured and discharged from the ponds in greater detail. It is unclear from the submittals how precipitation is separated from the treatment water. The Applicant should address how precipitation water is released. It is understood that the water being treated is "non -tributary" however the Applicant may need to show legal rights to the precipitation water if being used. 3. Box culverts are being proposed to replace the CMP pipes and are designed for the 5 -year storm. Statistically speaking, there is a 20% change any given year that water will surcharge the box culvert and overtop the road. The Applicant should address how the overtopping may damage the road and what level of erosion might be expected. Also, the Applicant should address if there is another access available during a flooding event. Feel free to call if you have any questions or comments. Sincerely, Mountain Cross Engineering, Inc. Chris Hale, PE 8261/2 Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com October 28, 2014 Page 1 of 1 Phil Vaughan Phil Vaughan Construction Management 1038 County Road 323 Rifle CO 81650 RE: Williams, Parachute Water Management Facility, Garfield County Comments — Chris Hale letter dated October 22, 2014. SE Project No. 13105 Dear Mr. Vaughan: This letter is written to respond to comment number 3 of a letter prepared by Chris Hale (Mountain Cross Engineering, Inc.) dated October 22, 2014 pertaining to the WPX Energy — Parachute Water Management Facility. The comment is in italic, followed by the refutation. 3. Box Culverts are being proposed to replace the CMP pipes and are designed for the 5 -year storm. Statistically speaking, there is a 20% change any given year that water will surcharge the box culvert and overtop the road. The Applicant should address how the overtopping may damage the road and what level of erosion might be expected. Also, the Applicant should address if there is another access available during a flooding event. It is correct that the road may over top during a large storm event. The road along with the existing drainage embankments were analyzed by SE to sizing of the box culvert for this private road. The height is maximized to allow for minimal cover over the culvert without increasing the vertical grades of the road. The width is set to minimize the impacts to the existing drainage embankments. The planned 5 foot high x 10 foot wide proposed box culverts have a substantially larger capacity than the existing 36 inch CMP that will be replaced. The larger size of the box culvert will lessen the likeliness of the culvert being restricted by debris. SE believes that the size of the culvert is appropriately sized for a private access road, given the road elevation, the drainage embankments and the being able to handle up to a 5 year event without over topping. The owner understands that this road may overtop during a Targe storm event and has equipment ready available to correct any damage caused by a storm event. This is the only designated access to the site, as has been pointed out and accepted by the emergency response agency. Sincerely, Sopris ngineerjng, LLC anc'Nichol, P.E. Principal 502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 SOPRIS ENGINEERING • 110 civil consultants i rf EMI 1\Wml��J�]l EOW MA ;MON ,11C, 1038 Courvry Rd 323 Ri11E, CO 81650 November 6, 2014 Mr. Dave Pesnichak Senior Planner Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Sent via email: dpesnichak@garfield-countv.com Dear Dave, EXHIBIT Thank you for your email of 10/31/14 with the final staff report for the WPX Energy Parachute Water Management Facility hearing to be held on 11/10/14. Please find below our reply to Condition #4 located on page 25 of the staff report. Page 25- Condition #4- "The Applicant shall provide an explanation of how runoff is captured and discharged from the ponds. It is unclear from the submittals how precipitation is separated from the treatment water. The Applicant should address how precipitation water is released. It is understood that the water being treated is "non -tributary" however the Applicant may need to show legal rights to the precipitation water if being used. This explanation shall be submitted and reviewed by the Garfield County contract engineer prior to issuance of the Land Use Change Permit." We replied on 10/30/14 to Chris Hale, P.E. with the following: 10/30/14 Applicant Reply: WPX Energy's intent is not to collect rainwater. Rainwater collection is incidental and is not being capturing for beneficial reuse. Colorado Division of Water Resources (CDWR) clarifies storm water management as long as precipitation is not for beneficial reuse. WPX is in compliance with Colorado Oil and Gas Conservation Commission (COGCC) and Colorado Department of Public Health and Environment (CDPHE) requirements on all water requirements. Condition #4 was revised after our 10/30/14 reply above. Page 1 of 2 Please find additional information below regarding our reply to the revised condition #4. 11/6/14 Applicant Reply: WPX Energy's intent is not to collect rainwater. Rainwater collection is incidental and is not being captured for beneficial reuse. Colorado Division of Water Resources (CDWR) clarifies storm water management as long as precipitation is not for beneficial reuse. The evaporative rate of the Parachute Water Management Facility far exceeds any precipitation in Colorado; making any precipitation volume at the Water Management Facility negligible compared to the total volume of water at the Water Management Facility. This means there is no benefit from the precipitation (such as dilution). WPX Energy is in compliance with Colorado Oil and Gas Conservation Commission (COGCC) and Colorado Department of Public Health and Environment (CDPHE) requirements on all water requirements. Additional Requests We will also be requesting of the Board of County Commissioners that the following conditions be added: 1. The Garfield County Community Development Department is authorized to issue the Dewatering Operations Area Building Permit number BLCO-8-14-3350 immediately. 2. WPX Energy is authorized to conduct road/drainage improvements work, access to Highway 6 improvements and grading for the Dewatering Operations Area Building, as described in the Applicant's submittal, prior to issuance of the Garfield County Land Use Change Permit. If you have questions or comments, please do not hesitate to call our office at (970) 625-5350. Sincerely, Phil Vaughan Construction Management, Inc. F\A,p Philip B. Vaughan President Page 2 of 2