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STATE OF COLORADO )
)ss
County of Garfield )
At a special meeting of the Board of County Commissioners for Garfield County,
Colorado, held at the Grand Valley Recreation Center (Battlement Mesa) at 398 Arroyo Drive,
Parachute, Colorado on Tuesday, the 15t1i day of December A.D. 2015, there were present:
John Martin
Commissioner Chairman
Mike Samson
, Commissioner
Tom Jankovsky
, Commissioner
Tari Williams
County Attorney
Kelly Cave
, Assistant County Attorney
Jean Alberico
, Clerk of the Board
Kevin Batchelder,
County Manager
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO.,,ZO/,0 - Oa
A RESOLUTION OF APPROVAL FOR A SPECIAL USE PERMIT FOR EXRACTION
AND PROCESSING OF NATURAL RESOURCES GRANTED TO BATTLEMENT
MESA PARTERNS (SURFACE OWNER) AND URSA OPERATING COMPANY
(OPERATOR) TO DEVELOP 24 NATURAL GAS WELLS ON A WELL PAD (KNOWN
AS THE `B PAD") LOCATED SOUTH EAST OF THE TOWN OF PARACHUTE IN
THE BATTLEMENT MESA PLANNED UNIT DEVELOPMENT IN THE SOUTH EAST
QUARTER OF SECTION 13, TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE 6TH
PRINCIPAL MERIDIAN, GARFIELD COUNTY
PARCEL NO# 2409-134-06-004
Recitals
A. The Board of County Commissioners of Garfield County, Colorado, "Board" received
a request from Battlement Mesa Partners (surface owner) and Ursa Operating Company (operator)
collectively referred to herein as "Applicant" for a Special Use Permit for Extraction and
Processing of Natural Resources in the Battlement Mesa Planned Unit Development (PUD) to
develop 24 natural gas wells on a well pad known as and referred to as the `B Pad" hereinafter, as
further described in Exhibit A, Site Plan.
B. The B Pad is located on a 15.1 acre parcel of land owned by Battlement Mesa Partners
legally described as River Bluff Filing #1, Lot 4 Service Center within the Battlement Mesa Planned Unit
Development in Section 18, Township 7, Range 95. The B Pad itself will be approximately 250 feet
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by 350 feet in size.
C. The subject property and B Pad is located within unincorporated Garfield County in the
Public / Semi -Public / Recreation sub -zone of the Battlement Mesa Planned Unit Development
located east of the Town of Parachute, Colorado accessed by County Road 307 (known as River
Bluff Road).
D. Extraction and Processing of Natural Resources may be permitted in the Public / Semi-
PubIic / Recreation sub -zone of the Battlement Mesa Planned Unit Development with a Special
Use Permit.
E. The Board is authorized to approve, deny or approve with conditions a Special Use
Permit pursuant to the Garfield County Zoning Resolution of January 2, 1979 (and zoning
amendment adopted on October 15, 1979 in Resolution 79-132) processed as a Major Impact
Review pursuant to the Garfield County Land Use and Development Code of 2013, as amended.
F. The Planning Commission opened a public hearing on the aforementioned application
on September 23, 2015 and continued the public hearing to October 28, 2015. The Planning
Commission then closed the public hearing on October 28, 2015, and moved to recommend
approval with conditions to the Board of County Commissioners by a vote of 6 to 1.
G. The Board of County Commissioners opened a public hearing on the 15`x' day of
December, 2015 for consideration of whether the proposed Special Use Permit should be granted
or denied, during which hearing the public and interested persons were given the opportunity to
express their opinions regarding the request. This public hearing was continued to both December
16t1i and December 17a`, 2015.
H. The Board of County Commissioners closed the public hearing on the 17a' day of
December, 2015 to make a final decision.
I. The Board of County Commissioners, on the basis of substantial competent evidence
produced at the aforementioned hearing, has made the following determinations of fact:
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 hearing.
3. That for the above stated and other reasons the proposed Special Use Permit for
Extraction and Processing of Natural Resources for Battlement Mesa Partners
(Surface Owner) and URSA (Minerals Lessee & Operator) is in the best interest of the
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health, safety, convenience, order, prosperity and welfare of the citizens of Garfield
County.
4. That a waiver from Section 7-107 Access & Roadways (reduction of cross -slope from
3% to 2% for a gravel road) is granted.
5. That with the adoption of Conditions of Approval, the application is in general
conformance with the 2030 Comprehensive Plan, as amended.
6. That with the adoption of the Conditions of Approval the application can adequately
met the requirements of the Garfield County Zoning Resolution of January 2, 1979
(and zoning amendment adopted on October 15, 1979 in Resolution 79-132) and the
Garfield County Land Use and Development Code of 2013, as amended.
RESOLUTION
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that:
A. The forgoing Recitals are incorporated by this reference as part of the resolution.
B. The Special Use Permit for Extraction and Processing of Natural Resources in the Battlement
Mesa Planned Unit Development (PUD) to develop 24 natural gas wells on a well pad known
as and referred to as the B Pad is hereby approved subject to compliance with the following
conditions:
1. That all representations of the Applicant, either in testimony or the submitted application
materials, shall be considered conditions of approval unless specifically altered by the
Board of County Commissioners.
2. If future extraction and processing activity (additional to what is being permitted herein)
would be proposed, an amended Special Use Permit shall be required prior to that activity
occurring on the site.
3. The Operator (Ursa) acknowledges that the County has performance standards in place that
could lead to revocation of the Special Use Permit if violations of the permit occur.
4. Operation of the facility must be in accordance with all Federal, State and local regulations
and permits governing the operation of this facility.
5. The County commits to notifying the operator of any compliance concern. This may
include direct notice by Garfield County to other permitting agencies if necessary
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depending on the compliance concern.
6. The County can request a site inspection with reasonable notice to the Operator. Full access
to any part of the site will be granted. On request, all paperwork must be shown. The
County cannot request a large number of inspections that would interfere with normal
operation without cause.
7. All extraction and processing activities shall be required to comply with the following
performance standards:
-a. Volume of the sound generated: Every use shall be so operated that the volume
of sound inherently and recurrently generated does not exceed 70 dB(A) from
7:00 AM to 7:00 PM and 65 dB(A) from 7:00 PM to 7:00 AM, measured 350
feet from the edge of the pad. As set forth in COGCC Regulation 802(b), the
noise levels shall be subject to an increase by 10 dB(A) for a period not to
exceed 15 minutes in any one (1) hour period and cannot exceed 65 dB(A) for
shrill or periodic impulsive noise. Complaint protocols shall be governed by
COGCC Rule 802(c).
b. Vibration generated: every use shall be so operated that the ground vibration
inherently and recurrently generated is not perceptible, without instruments, at
any point of any boundary line of the property on which the use is located;
c. Emissions of smoke and particulate matter: 1) every use shall be so operated so
as to comply with all Federal, State and County air quality laws, regulations and
standards, and 2) applicant Operator will have water trucks onsite for dust
abatement during construction;
d. Emission of heat, glare, radiation and fumes: every use shall be so operated that
it does not emit heat, glare, radiation or fumes which substantially interfere with
the existing use of the adjoining property or which constitutes a public nuisance
or hazard. Flaring of gases, aircraft warning signals, reflective painting of
storage tanks, or other such operations which may be required by law as safety
or air pollution control measures shall be exempted from this provision;
e. Storage area, salvage yard, sanitary landfill, and mineral waste disposal areas:
i. Storage of flammable, or explosive solids, or gases, shall be in
accordance with accepted standards and laws and shall comply with the
National Fire Code;
ii. At the discretion of the County Commissioners all outdoor storage
facilities for fuel, raw materials and products shall be enclosed by a
fence or wall adequate to conceal such facilities from adjacent property;
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iii. No materials or wastes shall be deposited upon a property in such form
or manner that they may be transferred off the property by any
reasonable foreseeable natural causes or forces;
iv. All materials or wastes which- might constitute a fire hazard or which
may be edible by or otherwise be attractive to rodents or insects shall be
stored outdoors in accordance with applicable State Board of Health
Regulation;
f. Water pollution: in a case in which potential hazards exist, it shall be necessary
to install safeguards designed to comply with the Regulations of the
Environmental Protection Agency before operation of the facilities may begin.
All lighting, except as demonstrated for safety reasons, shall be directed inward and
downward and be shaded in order to prevent direct reflection on adjacent property and
residences in the area. LED lights will be used when possible and practical. Workers will
be advised when moving light plants to ensure that the light is focused directly on the work
being done. Most lighting will be below the sound wall. Drilling mast lighting that is above
the sound wall will be downcast and/or shielded to reduce fugitive light outside sound wall
and well pad. Safety considerations will take precedence.
9. The construction of the B Pad shall be limited to the hours of 7:00AM to 7:OOPM, with the
exception of emergencies and episodic events beyond Ursa's control. Drilling may occur
continuously 24 hours a day. Well completion activity shall be limited to occurring
between 7:OOAM and 7:OOPM. Once the wells are in production, vehicle trips to the pad
shall be limited to the hours of 7:OOAM to 7:OOPM, with the exception of emergencies and
episodic events beyond Ursa's control.
10. Operator will comply with COGCC Series 1100 rules and associated guidance which
requires at least one annual pressure test be performed. Operator shall utilize only welded
and flanged connections for all buried flowlines. The Applicant shall bed and partially
backfill flowlines on the pad with non-native backfill to eliminate the corrosive soil
concern. Operator will line all flowline trenches with a bentonite liner at least 6 inches in
depth.
11. Operator shall comply with the CDPHE regulations and air quality permit conditions for
emission controls considering technically and economically feasible BMPs. All facilities
onsite shall be subjected to an instrument -based leak detection and repair (LDAR)
inspection at least monthly during drilling and completion and quarterly during production.
If a leak over 10,000 ppm hydrocarbons is discovered, the first attempt to repair the leak
shall be made as soon as reasonably possible and in accordance with state law.
12. The Operator shall comply with COGCC green completion practices and EPA's natural gas
STAR program to reduce VOC emissions to the lowest level technically possible for the
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wells on the B Pad. Additionally, the Applicant commits to using carbon blankets over
thief hatches on temporary tanks to reduce odors.
13. Once construction begins, the Operator shall treat all List A, B C noxious weeds within
pad site perimeter and along access road according to Ursa's noxious weed management
plan. This shall include three treatments annually by a licensed and certified herbicide
applicator.
14. The Operator shall commit to ensuring truckloads of dirt, sand, aggregate materials, drilling
cuttings, and similar materials are covered to reduce dust and PM emissions during
transport.
15. The Operator shall install at least one up -gradient and two down -gradient groundwater
piezometer monitoring wells at the B Pad location. The Operator shall conduct baseline
sampling for, at a minimum, the following: all major cations and anions, total dissolved
solids, iron, manganese, nitrates, nitrites, selenium, benzene, toluene, ethylbenzene,
xylenes, methane, pH, specific conductance, and any chemical identified in the full
disclosure of chemicals of potential concern. Results shall be reported to Garfield County.
16. The Operator shall conduct monthly monitoring of the well site groundwater wells for the
parameters specified in condition of approval No. 15 during well drilling and completion
activities, followed by annual monitoring for the duration of the project. All results of this
monitoring shall be provided to the Garfield County Community Development Department
and Oil and Gas Liaison within 60 days of sample collection. If (1) benzene, ethyl benzene,
toluene, or xylenes are detected at levels greater than the concentration levels specified in
Table 910-1 of the COGCC rules; (2) any cations, anions, metals, or total dissolved so lids
exceed 1.25 times background concentrations; (3) methane or any chemical identified as a
concern from the full disclosure of chemicals exceeds 1.25 background concentrations; or
(4) if pH or specific conductance exceeds the limits specified in COGCC table 910-1, the
Operator shall immediately remediate the concern as a condition of the Special Use Permit.
17. The Operator shall provide a formal update to the Board of County Commissioners on a
quarterly basis as to the progress of the project, including but not limited to, 1)
advancement and utilization of odor and emissions technology, 2) Operator's technologies
utilized to reduce emissions and odors on the well pad(s), and 3) review of complaints from
neighboring property owners and Community Count's 24/7 response system. This update
shall be coordinated through the Community Development Department specifically
including the Oil and Gas liaison's office. Updates shall begin at the beginning of
construction and continue throughout drilling and completion operations and cease once
the pad is in full production operations.
18. No Special Use Permit shall be issued to the Applicant/Operator (and no activity shall
occur on the site) until all required local, state and federal permits, except those permits
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which are obtained only after construction is complete, have been obtained and tendered
to the County Community Development Department. A violation of any of the terms and/or
conditions of these local, state and federal permits shall also be considered a violation of
the Special Use Permit. The Air Quality permit shall be submitted as soon as it is received.
19. Prior to the issuance of the Special Use Permit, the Applicant should provide a discussion,
calculations, and details for the proposed release structures from the detention pond.
20. The Operator will provide a draft site specific SPCC plan for B Pad within 30 days of
installation of tank containment structures. The Operator shall provide a final site specific
SPCC plan for the B Pad within six months of installation of the tank containment
structures per EPA regulations. The site specific plan shall include information on storage
tank sizes and the volume of secondary containment is calculated.
21. The Applicant (Ursa Operating Company LLC) shall provide a one-time contribution of
$50,000 to Garfield County (unless said $50,000 payment has previously been paid for the
D Pad Special Use Permit), prior to the issuance of the Special Use Permit, for site-specific
air quality monitoring program designed, owned and operated by Garfield County. The
sampler will collect a suite of 78 volatile organic compounds (VOCs) based of the EPA's
TO -12 method which include the BTEX compounds. Results of the air monitoring will be
publicaIly available and reported to the BOCC on a regular basis. The Applicant shall
provide the Garfield County Environmental Health Department with at least 2 weeks
advance notice prior to drilling and completions activity. Permission shall be granted to
Garfield County by the land owner (Battlement Mesa Partners) for the location of the
sampling unit. A letter of agreement to the terms of the program shall be executed prior to
the issuance of a special use permit.
22. Prior to construction, the Applicant shall design a proposed alternative physical water
intake system for pulling water from the Colorado River up river from the B pad location
to add as an alternative water supply in the event of a spill caused by the Applicant reaching
the Colorado River the existing intake.
23. Applicant agrees and commits to a three year time frame which includes placing up to 24
natural gas wells into full production. This time frame will commence at the start of
construction of a well pad.
24. The preferred/primary haul route for this Special Use Permit is the Upper Route (I-70 exit
75). The Lower Route (1-70 exit 72) shall be a secondary route.
25. All drill cuttings shall be disposed of in accordance with state law/COGCC regulations.
26. Sound barriers shall be included around the well pad and internal completions equipment.
Additional sound walls closer to residential units shall be available upon mutual agreement
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between the Operator, landowner, and homeowner(s).
27. Silica proppant shall be utilized only with silica controls including dustless silos or
equivalent technology.
_ r
Dated this r day of � J , A.D. 20 1
ATTEST: Y\\ LDcDG \GARFIE CO TY BOARD OF
�Po ........ C� MMI SIONE, GARFIELD
CO T , CO RADO
Slav
Jerk of the Board °% °°" Chai
04o
Upon motion duly made and second e the for oing Reso tion wa)adop edby the
following vote:
COMMISSIONER CHAIR JOHN F. MARTIN , Aye
COMMISSIONER MIKE SAMSON _ Aye
COMMISSIONER TOM JANKOVSKY , Aye
STATE OF COLORADO )
)ss
County of Garfield )
I, , County Clerk and ex -officio Clerk of the Board of
County Commissioners, in and for the County and State aforesaid, do hereby certify that the
annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board
of County Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this day of , A.D. 20
County Clerk and ex -officio Clerk of the Board of County Commissioners
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