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HomeMy WebLinkAbout2.0 BOCC Staff Report 09.10.2012Board of County Commissioners — Public Hearing Exhibits South Middle Fork Material Handling — Water Impoundment Facility Encana Oil and Gas (USA) Inc. Limited Impact Review September 10, 2012 (File LIPA-7292) Exhibit Letter (A to Z) Exhibit Description A Proof of Publication B Return Receipts from Mailing Notice C Photo evidence of Public Notice Posting 0 Garfield County Unified Land Use Resolution of 2008, as amended E Garfield County Comprehensive Plan of 2030 F Application G Staff Report H Staff Presentation Referral Comments from Garfield County Consulting Engineer J Referral Comments from Garfield County Vegetation Manager K Referral Comments from the Colorado Parks and Wildlife dated 8/30/12 L Referral Comments from the Colorado Parks and Wildlife dated 8/23/12 M Referral Comments from Grand Valley Fire Protection District N 0 P Q R S T U V W x EXHIBIT � G Board of County Commissioners September 10, 2012 LI PA -72921G H PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT (OWNER) CONSULTANTS Limited Impact Review — Land Use Change Permit for a Material Handling — Water Impoundment Facility Encana Oil and Gas (USA) Inc. Olsson and Associates LOCATION Approximately 3 miles northwest of the Town of Parachute, off of County Road 215. LEGAL DESCRIPTION ACRES ZONING The site is located in Section 33 & 34, T6S, R96W also known as Assessor's Parcel No. 2177-331-00-020. The facility is located on approximately 20.5 acres of an 88.7 acre parcel. Resource Lands (Gentle Slopes) I. DESCRIPTION OF THE PROPOSAL The Application proposes construction four water impoundments for the storage of production water from Encana wells in the surrounding area. The water will be treated and stored for reuse in Encana's ongoing drilling and completion activities or for disposal . The facility will be constructed on vacant land adjacent to County Road 215. The Applicant proposes construction of four impoundments for a total storage capacity of 42 million gallons (1.2 million barrels). The impoundments will be constructed to meet COGCC standards and will include double lining, leak detection and covering with an impervious synthetic material to minimize air emission and prevent wildlife access. Ancillary facilities will include a dissolved air floatation (DAF) treatment system/building, pump house, additional tank storage (off-load, condensate, and sludge) with secondary containment, an off-load pad, temporary frac tanks, sediment pond, along with access driveways, parking areas and a control room. Production water will be initially treated on its site of origin, transported primarily by pipeline to the facility, treated again at the facility and eventually stored in the water impoundments for future use. Some water will be transported to the facility by truck but the Application represents that a significant reduction in truck traffic is one of the benefits of the proposal. The site will be monitored by an Encana staff person on a daily basis. Staff will operate out of the control room and potable water and waste water service will be provided by a vault and haul system. The Applicant's request for a waiver from providing well and septic facilities for the site is based on the minimal level of staffing, that the requirement is not generally applicable to this type of facility and the proposed use of licensed haulers to service the facility. VICINITY MAP ark rsd cirrlo al pairi parr.e I The site will be fenced to prevent access by the public or wildlife. Construction of the impoundments is anticipated to take approximately 120 days. Construction related traffic has been included in the Applicant's Traffic Study. The facility will require permitting by the COGCC in accordance with Rule 908 as an E & P Waste Management Facility. The COGCC requires submittal/approval of Form 28 for this type of facility which includes extensive information on environmental protection and facilities management. The facility will be constructed in accordance with COGCC requirements and will include double lining leak detection and monitoring wells for ground water protection. The Applicant will be required to comply with existing Storm Water Management Plans, updates and related permits issued by the Colorado Department of Health and Environment (CDPHE), air quality permits from the CDPHE, dust management plans, and Spill Prevention Control and Countermeasures Plans. 2 A new access road alignment is being proposed with creation of turning lanes on County Road 215. Permitting and approval from the County Road and Bridge Department will be required. AERIAL PHOTOGRAPH Water Impoundment Facility II. SITE DESCRIPTION AND ADJACENT USES According to the Applicant's Biological Report the site is located in an historically irrigated agricultural area that has begun to revert to a xeric plant community. Vegetation on the site includes rabbit brush, greasewood, sagebrush shrubs and native and non-native grasses. Some riparian areas are located along Parachute Creek. The site is generally level with slopes Tess than 2%. It is located adjacent to a Wildlife Mitigation area to the north coordinated through agreements with Colorado Parks and Wildlife. The site is bounded on the west by Parachute Creek and the 100 year flood plain is shown on site plan mapping to be approximately 75 ft. from the fenced areas of the proposed facility. Some existing roads, parking areas, power lines, and fenced areas are found on the site. 3 Surrounding uses are primarily industrial oil and gas activities. Most of the adjacent property north and south of the facility is owned by Williams ProductiontWPX. A large water impoundment facility is located just southeast of the proposed facility and the site is adjacent to a major pipeline corridor along County Road 215. The closest residences are three single family homes located approximately 1500 ft. northeast of the site on the eastlopposite side of County Road 215. III. AUTHORITY -- APPLICABLE REGULATIONS All references in this section are to the Unified Land Use Resolution of 2008 as existing at the time of submittal of the application. The newly adopted format of the code became effective on August 13th after submittal of this application. A. The Land Use Tables contained in Section 3-501 of the ULUR, designates Material Handling Facilities within the Resource Lands (Gentle Slopes) Zone District as requiring a Limited Impact Review. Section 4-502 sets forth the submittal requirements including suitability and impacts analyses. B. Section 4-105 of the ULUR sets forth the Limited Impact Review Procedures including public notice requirements. The Applicant will provide public notice documentation consistent with the ULUR requirements at the public hearing. C. Section 7-810 also sets forth additional standards applicable industrial operations which the Applicant has addressed in their submittals. 4 D. Article 7 Standards of the ULUR contains other generally applicable standards for Land Use Change Permit review. IV. COMPREHENSIVE PLAN The Site is designated by the Comprehensive Plan of 2030 as Industrial and is in the vicinity of a Regional Employment Center Designation. It is also within the Town of Parachute Area of Influence and the Town has received a referral of the Application. The Comprehensive Plan description of the Industrial Land Use Designation is "Indoor manufacturing, outdoor equipment storage, business parks, energy processing and uses that produce odor, noise, light, and/or emissions". COMPREHENSIVE PLAN FUTURE LAND USE MAP South Middle Fork Facility The Comprehensive plan also identifies a number of Goals, Policies, and Strategies in Section 9 Mineral Extraction applicable to the site and the Application. Section 9, Goal #2: Ensure that mineral extraction activities mitigate their effects on the natural environment, including air quality, water quality, wildlife habitat or important visual resources. Section 9, Goal #3: In working with mineral extraction projects, the county will protect the public health, safety, and welfare of its citizens 5 Section 9, Policy #4: Facilities that are appurtenances to oilfgas development activities are considered appropriate in all land uses so long as they meet the respective mitigation requirements of the ULUR to maintain compatibility with surrounding land uses Section 9, Strategy #5: Maintain and enhance cooperation with the oil and gas industry, property owners, state and federal agencies, such as CDOW and CDPHE, in regards to regulating activity and mitigating impacts. V. STAFF ANALYSIS A. Public and Referral Comments: No public comments were received in regard to this application. Referral packets were sent to the following agencies with comments and responses summarized below and included as exhibits. 1. Garfield County Consulting Engineer: Requested clarification on water and wastewater services, a will serve letter from Xcel energy regarding power for the site, and additional drainage calculations_ 2. Garfield County Road and Bridge: Verbally indicated that they had been contacted by the Applicant and did not have any problems with the proposals. 3. Garfield County Vegetation Manager: Indicated that the noxious weed information was acceptable and set out standard security requirements for re -vegetation. 4. Garfield County Environmental Health Manager: Has not provided comments. 5. Colorado Parks and Wildlife (CPW): Provided two comment letters initially indicating a number of concerns and in a subsequent letter (dated 8/30/12) indicating that they had met with the applicant and the design of the proposed facility addressed their concerns for wildlife. The letter references the proposed location of the access road, fencing, and covering of the pits as minimizing impacts to wildlife. 6. Grand Valley Fire Protection District: The District reviewed the Emergency Response Plan and provided updated contact phone numbers and requested the plan be updated. The District also indicated that no flammable or explosive solids or gases will be stored on the site, that leak detection systems be in place at the time of operation of the facility, and that the District be given a tour of the site to become familiar with the facility. 7 Referrals were also sent to the Town of Parachute, Colorado Division of Water Resources, CDPHE (Air and Water Quality) and the County Oil and Gas Office. No comments have been received at this time. 6 South Middle Fork Site Layout • • B. Site Suitability: The Applicant's Site Suitability analysis addresses key issues and ULUR requirements for the site as follows: (1) access is appropriate, well documented and will be upgraded; (2) a vault and haul system is proposed for water and waste water pursuant to a waiver request; (3) there are no hazards identified for the site including slopes, soils, and geologic hazards; (4) the flood plain for Parachute Creek is located west of the facility; (5) no significant impacts on natural habitat will occur based on the Applicant's Wildlife Studies and CPW referral comments; and (6) no impacts on cultural resources are anticipated based on the Applicant's Class 1 Cultural Resources Report. • Flood Plain information provided in the submittals included a statement from the Applicant's Engineers indicating that the alignment of Parachute Creek has changed since the flood plain mapping was completed in 1985 and that impacts if any on the flood plain based on the changes in the creek were not evaluated. The Applicant needs to provide additional flood plain analysis by a qualified professional engineer or hydrologist evaluating changes in Parachute Creek and indicating that the site is not subject to unacceptable flooding potential. Given the history of changes to Parachute Creek the additional analysis should address if flood protection improvements for the facility are warranted. 7 C. Impact Analysis: The Applicant's Impact Analysis addresses the requirements of the ULUR and identifies the following items in support of the application: (1) adjacent property owners, uses, and site features were provided and are generally compatible with the proposed facility; (2) the applicant provided soils information, Geologic and Soil Hazards Report, and a Geotechnical Investigation/Report; (3) no water supply impact issues were identified; (4) a Class I Cultural Resource study recommended a finding of no historic properties affected; (5) the Applicant's Wildlife Sensitive Areas Report identified no impacts on threatened or endangered plant species and no significant impacts on wildlife species or habitats; (6) traffic impacts are indicated by the traffic studies to be during the construction period and following construction to include approximately 45 trucks per day and 10 - 15 Staff vehicles per day (i.e. pickup trucks); (7) nuisance issues such as noise are anticipated to be minor; (8) the Applicant has provided a dust mitigation plan and weed management plan; (9) re -vegetation plans along with a long term reclamation plan are provided. • The Applicant's Geotechnical Investigation by Yeh and Associates, Inc. identified through their test borings that ground water "could impact the ponds". Cross sections for the ponds indicate that in some cases the bottom of pond elevations extend below or into the ground water levels found in the borings. The report recommends additional ground water measurements and indicated that dewatering and/or subgrade stabilization may be necessary. The effectiveness of the double liner system in protecting ground water also needs to be addressed in this type of high ground water installation. • The geotech report and soils information noted a number of other soils related concerns including dealing with fill material found on the site, slow infiltration and high run-off potential, and a "somewhat limited suitability" for ponds. Recommendations from the geotech investigation providing mitigation for these concerns including the requirement for on-site engineering inspections of excavations should be required. • The Traffic Analysis recommends provision of a left turn lane for north bound traffic on County Road 215. Extensive details are provided for the proposed realigned and expanded access. Road and Bridge verbal comments support the proposal. Documentation of approval of the final design by the Road and Bridge/County Engineers should be required. • The Application contains updated information on storm water management, improvements including a sediment detention basin at the west end of the site. In accordance with the County Consulting Engineer's comments the Applicant needs confirm with further drainage calculations that the drainage plan and detention is adequate for the site. A small portion of the stormwater improvements shown on the plans (southwest corner of the site) also appear to be located on an adjoining property. The Applicant needs to resolve this situation through easements or relocation. 8 • The proposed water impoundments are not anticipated to generate noise impacts, however the application notes the potential for generators for electric power and a pump house is located at the northeast corner of the site. Given the proximity to residential uses, the Application needs to provide additional noise analysis and/or compliance assurances. D. Article VII ULUR General Standards The Application addresses general conformance with the applicable general standards contained in Article VII, as noted below: 1. Upgraded roads and access will be provided. On-site parking is provided. 2. Evidence of utility service will be required and is evident on the site. 3. The proposed facility does not generate impacts or conflicts with agriculture. 4. No wetlands or water bodies are impacted and compliance with the Applicant's Stormwater Management Plan shall be required. 5. Lighting shall comply with County standards for down direction and internal orientation. 6. An emergency response plan is provided and compliance with the local Fire Protection District recommendations shall be required. 7. A watershed protection permit/approval if applicable shall be required from the Town of Parachute. 8. A waiver has been requested to allow water and sanitation needs to be address with a vault and haul system. SITE LOCATION AND ADJACENT FACILITIES New Facility 9. The site location is compatible with other adjacent facilities and at a distance has minimal impact on view sheds. 10. Compliance with revegetation and final reclamation plans shall be required. E. Additional Staff Analysis 1. The Applicant has provided documentation that production water to be stored in the facility is from non -tributary geologic formations (William Fork) and therefore exempt from water well permit requirements. 2. The Applicant needs to provide additional information on pipeline locations and permitting to ensure the overall operation of the facility including transportation of water to the facility is in compliance with the County Regulations. 3. Spill Prevention Control and Countermeasures (SPCC) Plans shall be provided as required by the COGCC. The Applicant shall provide the County with copies of said plans as they become available (typically within six months of completion of the facilities). 4. The site plan shows temporary storage of frac tanks on the site while the narrative descriptions do not clarify the purpose, duration, or the potential need for secondary containment for the tanks. 5. Copies of all COGCC Forms and Permits (including Form 28) applicable to the facility shall be provided to the County. Compliance with all COGCC fencing, lining, leak detection, monitoring well, and high level monitoring/alarms shall be required. 6. CDPHE (Colorado Department of Public Health and Environment) Permits shall be required. Compliance with the terms and conditions of said permits shall be required along with construction permitting required by the CDPHE. Copies of all permits once issued shall be provided to the County. VI. SUGGESTED FINDINGS Should the Board wish to formalize a motion for approval with conditions, the following findings support such an action by the Board and should be included or referenced by said motion. 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the Land Use Change Permit for a Material Handling/Water Impoundment Facility is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County if recommended conditions of approval are required. 10 4. That with the adoption of conditions of approval, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoption of conditions of approval, the application has adequately met the requirements of the Garfield County Unified Land Use Resolution of 2008, as amended. VII. BOARD OF COUNTY COMMISSOINERS ACTION The following options are presented for consideration by the Board for their action on the request for a Limited Impact Review Approval for a Material Handling/Water Impoundment at the South Middle Fork, Encana Facility. Option A: Noted in the Staff Report are a number of issues significant enough to warrant additional analysis. In particular flood plain, ground water concerns, soils and drainage issues as identified by the County Consulting Engineer and the Applicant's Geotechnical Investigation. Clarification regarding watershed protection permitting from the Town of Parachute is also a concern. A continuation of the public hearing with direction to the Applicant to provide additional analysis is an option for the Board to consider. Option B: In conjunction with the suggested findings noted above the Board may wish to approve the Application subject to appropriate conditions. Suggested conditions of approvals are noted as follows: 1. That all representations made by the Applicant in the application, and at the public hearing before the Board of County Commissioners, shall be conditions of approval, unless specifically altered by the Board of County Commissioners; 2. The operation of this facility and any future amendments shall be done in accordance with all applicable Federal, State and Local regulations governing the operation of this type of facility including air quality and water quality provisions. 3. The Applicant shall maintain compliance with the provisions of Section 7-810 of the Unified Land Use Resolution of 2008 as amended including but not limited to potential nuisance impacts. Prior to issuance of the Land Use Change Permit the Applicant shall provide supplemental noise information demonstrating compliance with State and County noise standards. 4. Revegetation of disturbed areas shall be completed as represented in the Application submittals and County reclamation standards. Security for revegetation shall be provided in accordance with the County Vegetation Manager's Referral Comments dated August 23, 2012 and prior to issuance of the Land Use Change Permit. Compliance with long term reclamation plans contained in the Application shall be required. I 5. During the construction phase the Applicant shall provide temporary potable water, portable toilets, storm-water/soil erosion management as needed for site disturbance, and shall provide for secure storage and/or daily removal of any trash or refuse from the site. 6. The Applicant's waiver request to allow long term water and waste water service by a vault and haul system shall be approved provided the number of employees consistently working on site does not increase from the representations contained in the Application. Said waiver shall also be conditioned on ongoing use of licensed haulers, periodic cleaning and disinfection of tanks. 7 Compliance with the recommendations of the Applicant's environmental consultant West Water Engineering contained in their Biological and Mitigation Reports dated April 2012) shall be required. Fencing shall meet Colorado Parks and Wildlife standards. S. The Applicant shall confirm in writing with Xcel Energy that power is available to the facility or shall update site plans and noise analysis with information on proposed generators. Noise compliance information on the pump house shall be provided from a qualified professional. 9. Compliance with the Grand Valley Fire Protection Districts comments (dated August 22, 2012) including but not limited to updating the contact information on the Emergency Response Plan and a request for a preplanning site visit once the facility is constructed. 10. A Town of Parachute Watershed Protection Permit or updated permit including the proposed facility shall be obtained if required by the Town prior to issuance of the Land Use Change Permit. 11. Prior to issuance of the Land Use Change Permit, the Applicant shall obtain an access permit from the County Road and Bridge department for the relocated and expanded access and appropriate permits for the construction of the proposed turning lanes within the County's right-of-way for County Road 215. The Applicant shall provide verification of approval of the final plans/engineering by the County Engineer and/or Road and Bridge Supervisor including adequate truck turning radius for access into the site. Prior to initiating construction the Applicant shall contact the Road and Bridge Department and shall comply with all County requirements for construction management and traffic control during construction of the facility and upgraded access. All access improvements shall be completed prior to operation of the facility. 12. Prior to issuance of the Land Use Change Permit, the Applicant shall provide additional information/documentation on pipeline locations and permitting to demonstrate that the overall operation of the facility including transportation of water to the facility is in compliance with the County Regulations. 12 13. Compliance with the Applicant's Stormwater Management Plan and CDPHE Stormwater Discharge Permits shall be required including erosion control and best management practices. 14. Implementation of the Applicant's Dust Control PIan shall be required. Any additional CDPHE Air Quality or Construction Permitting as may be required for the operation of the facility shall be provided. 15. The Applicant shall update existing SPCC Plans as required by the COGCC. The Applicant shall provide the County with copies of said plans as soon as approved. 16. Copies of all COGCC Forms and Permits (including Form 28) applicable to the facility shall be provided to the County upon approval or issuance by the COGCC and prior to operation of the facility. Compliance with all COGCC fencing, lining, leak detection, monitoring well, and high level monitoring/alarms shall be required. 17. Lighting shall comply with County standards including down direction of any fixtures and orientation internal to the site. 18. Prior to issuance of the Land Use Change Permit the Applicant shall provide the following additional technical analyses which shall be reviewed by the County's Consulting Engineer and found to acceptable: a. An updated flood plain analysis demonstrating that the site is outside of any significant flood threat, design and implementation of any recommended flood protection, and finding that site is appropriate for the proposed development. b. A draft SPCC PIan shall be provided for County review demonstrating steps to be taken to avoid any spill affecting Parachute Creek including that which might occur as the result of flooding. c. An updated Geotechnical investigation regarding pond design and ground water implications including additional ground water measurements, engineering design recommendations to mitigate concerns related to ground water, verification of adequate protection of ground water, and a finding that the site is appropriate for the proposed development. d. An updated drainage engineering supplement and plans including drainage calculations and required storm water detention determinations. 20. The facility shall be limited to storage of water only from Encana wells. The Application indicates the potential of storing Colorado River Water within the facility. Verification of proper water rights shall be required prior to use of the facility for such storage. 13 21. The site plan shall be updated to show all power line easements across the site, and any relocation if necessary. A legal survey description of the area of the facility shall also be included on the site plan and stormwater improvements encroaching onto adjoining properties relocated onto the site or easement for said improvements obtained. 22. The Application shall be updated to demonstrate that the use of the site for temporary storage of Frac Tanks is consistent with the Application, clarify the purpose and duration of said storage and demonstrate compliance with any requirements for secondary containment and inclusion in SPCC Plans. 14 Current Access Looking South P View of the Site Looking Northwest From County Road 215 15 View to the North Across the Site View Toward Parachute Creek 1h View Back Toward County Road 215 Current Access North Bound 17 August 23, 2012 Mr. Glenn Hartmann Garfield County Planning 108 8`1' Street, Suite 401 Glenwood Springs, CO 81601 RE: South Middle Fork Water Facility: UFA 7292 Dear Glenn: MOUNTt EINiIlNEE Civil and Environmental Consulting and Design This office has performed a review of the documents provided for the South Middle Fork Water Facility Limited Impact Review Application of Encana Oil and Gas, Inc. The submittal was found to be thorough and well organized. The review generated the following questions, concerns, and comments: 1. The Applicant proposes to haul potable water and provide temporary facilities for wastewater but later in the materials the Applicant proposes That water and sewer will be provided in the control roost of the building. This may be incongruent with the proposed hauling. The Applicant should clarify how these facilities will be provided. The Applicant proposes that power may be obtained from Xcel Energy. Tie Applicant should provide a will serve letter frotn Xeel. The Applicant provides a drainage and grading plan but docs not provide any calculations or a report addressing the increased flows associated with the proposed plan. The Applicant should provide a report and supporting calculations for the site drainage. Feel free to call if you have any questions or comments. Sincerely, MountaitilCross Enminecri Claris Hale, PE 826''/ Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945,5558 www.naountaincross-eng,com 1 EXHIBIT J Garfield County Veiet►►tivn Mr►nar enze zt August 23, 2012 Glenn Hartmann Garfield County Building & Planning Department RE: EnCana South Middle Fork Water Facility LIPA-7292 Dear Glenn, Thanks for the opportunity to comment on this permit. My comments are as follows: Noxious Weeds o The noxious weed information provided is acceptable. Rovegetation e The applicant has quantified the area that will need immediate reseeding has been quantified as 2.9 acres. Staff recommends a revegetation security in the amount of $7,250 (2.9 acres x $2500/acre). • The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards section in the Garfield County Weed Management Plan. The Reclamation Standards at the date of permit issuance are cited in Sections 4.06, 4.07 and 4.08 of the Garfield County Weed Management Plan (Resolution #2002-94). Sincerely; Steve Anthony Garfield County Vegetation Manager 0298 County Road 333A Rifle, CO 81650 Phone: 970-625.8601 Fax: 970-625.8627 COLORADO PARKS & WILDLIFE Northwest Regional Office 71 1 Independent Ave.. Grand Junction, Colorado 81505 Phone (970)255-6100 • FAX (970)255-6111 wiPdlife.state.co.us • parks.state,ca.us August 30, 2012 Glenn Hartmann, Planner Garfield County Building and Planning Department 108 81" Street, Suite 401 Glenwood Springs, CO 81601 RE: EnCana South Middle Fork Water Facility Dear Mr. Hartmann: EXHIBIT K Thank you for the opportunity to review the proposed EnCana South Middle Fork Water Facility. As a follow-up to our August 23, 2012 letter, Colorado Parks and Wildlife (CPW) has met with EnCana personnel to review this proposed facility. The design and best management practices proposed by EnCana for this project address our concerns for wildlife and are anticipated to maintain the function of the wildlife corridor from the Starkey Gulch, South Fork Gulch and Ripley Gulch drainages west of Parachute Creek to the Wheeler Gulch drainage on the northeast side. The location of the access road away from the wildlife corridor and the use of fencing and covers over the pits will minimize impacts to wildlife. Colorado Parks and Wildlife considers this facility consistent with the North Parachute Ranch Wildlife Mitigation Plan and supports the approval of this project as proposed. We have appreciated the opportunity to work with EnCana and Garfield County on this and other projects for the benefit of wildlife. If you have any questions please contact Jim Komatinsky at 970-255- 6104. Sincerely, TRomatzke Area Wildlife Manager cc: Ron Velarde, NW Regional Manager Dean Riggs, Assistant NW Regional Manager Michael Warren, Energy Liaison Elissa Knox, District Wildlife Manager Nicole Byrnes, EnCana EHS Coordinator STATE OF COLORADO John W Hrckenlocper, Governor • M:ke King, Executive Director, Department of Natural Resources Rick 9, Cables, Director, Colorado Parks and W kftife Parks and Wildlife Commission: Robert W. Bray • Chris Castilian • Jeanne Horne Bill Kane, Vice -Chair • Gaspar Pemcone • James Pribyl • John Singtetary, Chair Mark Smith, Secretary -James Vigil • Dean Wingfield • Michele Zimmerman Ex Officio Members: Mike King and John Salazar COLORADO PARKS & WILDLIFE Northwest Regional Office 711 Independent Ave.• Grand Junction, Colorado 61505 Phone (970)255-6100 ■ FAX (970)255-6111 wildlife.state.co.us • parks.state.co.us August 23, 2012 Glenn Hartmann, Planner Garfield County Building and Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: EnCana South Middle Fork Water Facility Dear Mr. Hartmann: EXHIBIT i L Thank you for the opportunity to review the proposed EnCana South Middle Fork Water Facility. Colorado Parks and Wildlife (CPW) has a statutory responsibility to manage all wildlife species in Colorado; this responsibility is embraced and fulfilled through CPW's mission to protect, preserve, enhance, and manage the wildlife of Colorado for the use, benefit, and enjoyment of the people of Colorado and its visitors. We encourage Garfield County to afford the highest protection for Colorado's wildlife species and habitats through the assignment and use of best management practices (BMPs) to protect wildlife and their habitats. The South Middle Fork Water Facility is proposed to occur on an approximately 20 -acre parcel (see Appendix A) along County Road 215. In September 2009, CPW entered into an agreement with EnCana Oil & Gas (USA) for a Wildlife Mitigation Plan on the North Parachute Ranch (NPR) property. The Wildlife Mitigation Plan designates the parcel for the proposed South Middle Fork Water Facility as non-development/open space for the purpose of protecting elk and mule deer winter concentration areas/severe winter range and maintaining a wildlife migration corridor within a heavily developed stretch of Parachute Creek. This corridor allows for wildlife migration from the Starkey Gulch, South Fork Gulch and Ripley Gulch drainages west of Parachute Creek to the Wheeler Gulch drainage on the northeast side. If Garfield County decides to proceed with this project, CPW recommends that the following best management practices (BMPs) be incorporated into any approval: • Conduct construction activities outside the time period from December 1 through April 15 to minimize impacts to elk and mule deer winter concentration areas/severe winter range. • Limit operational site visitations to the facility to between the hours of 10:00 am and 3:00 pm from December 1 through April 15. STATE OF COLORADO John W. Hickenlooper, Governor • Mike King, Executive Director, Department of Natural Resources Rick D. Cables, Director, Colorado Parks and Wildlife Parks and Wildlife Commission: Robert W. Bray • Chrls Castilian • Jeanne Home Bill Kane, Vice -Chair • Gaspar Pentane • James Pribyl • John Singletary, Chair Mark Smith, Secretary • James Vigil • Dean Wingfield • MIcheile Zimmerman Ex Officio Members: Mike King and John Salazar • Fencing around the pits should consist of a minimum of a 7 -foot chain-link fence capable of preventing elk and deer from entering the pits; concurrently it should have a small mesh type of fencing along the bottom of the fence (buried one -foot below grade level and extending a minimum of two -feet above grade) capable of preventing small animals from entering between the gaps (gaps should be no larger than three -inches). = Each pit should be constructed with a 4:1 escape ramp to allow entrapped wildlife to escape. • The pits should be adequately netted to ensure that waterfowl and other birds are prevented from entering. Colorado Parks and Wildlife would greatly appreciate EnCana providing information on the design proposed for the netting. • Staging areas for the construction of the project should be located outside the rnigration corridor as identified in the Wildlife Mitigation Pian. • Night lighting should be of the full -cutoff type and/or timed or otherwise minimized to reduce disruption to wildlife. • Colorado Parks and Wildlife requests to be notified immediately if any birds and/or wildlife are found within or around the pits, netting, or fences. • Reclaim mule deer and elk habitats with native shrubs, grasses, and forbs appropriate to the ecological site disturbed. Colorado Parks and Wildlife has notified EnCana Oil & Gas (USA) about the conflict with this proposal and the Wildlife Mitigation Plan and will work cooperatively with the company to resolve this issue. However, CPW cannot presently support this project as proposed until an adequate alternative site and/or appropriate mitigation can be provided to address wildlife issues. We have appreciated the opportunity to work with Garfield County on this and other projects for the benefit of wildlife. If you have any questions please contact Jim Komatinsky at 970-255- 6104. Area Wildlife Manager cc: Ron Velarde, NW Regional Manager Dean Riggs, Assistant NW Regional Manager Michael Warren, Energy Liaison Elissa Knox, District Wildlife Manager Nicole Byrnes, EnCana EHS Coordinator File 2 Appendix A Source: EnCana Oil & Gas (USA) Inc. Wildlife Mitigation Plan -North Parachute Ranch 1 Fong n+ot nIfftekftt GiCA1t1 Qll i OAS (LW) ilt %POCRAFOMEC SURVMY ;WINS Si • P. IIS i►YF.I 0.110, {anted r� 9 1 .PADaim 4 U. Figure 5. Twenty MRS held by EnCana in open space. 3 GRAND VALLEY FIRE PROTECTI©N DL' 0 124 STONE QUARRY RD -oaPARACHUTE, CO 81635 PHONE: 285-9119, FAX (970) 285-9748 August 22, 2012 Glenn Hartmann Garfield County Planning and Building Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Subject: EnCana South Middle Fork Water Facility Mr. Hartmann, EXHIBIT I have reviewed the above mentioned project for EnCana. There were a few things I would like to note. The project says there will be future development on the Southwest corner of the property. I would like to be advised of any future development plans if or when that materializes. No flammable, explosive solids or gases will not be stored on this site at any time. The facility will have as documented the leak and water level detection systems in place at time normal operation of the facility begins. I also noted the site will not produce and radiation, smoke, heat or fumes per application. The ERP was the edition from 2010 I didn't see many problem with it. On the ERP quick reference guide however needs some changes to it. The first couple of pages I am not sure it was shrunk down to fit to two sheets but it is difficult to read. On the South Piceance Emergency Notification chart some numbers need to be updated. GarCO Dispatch should show 970-625-8095, Parachute will be the same number as above unless trying to contact Parachute Police dept that number should be 970-285-7630. It appears like there is a dispatch center in Parachute, there is not one. All emergency calls go directly to GarCo Dispatch. On the Outside Agencies Emergency Contact Ambulance & Fire should be (non emergency) 970-285-9119 if emergency it will go to GarCo 911 Dispatch at 970-625-8095 or 911. Other than those minor changes the project has no objection from the Fire District to move forward. Once the project is complete I would like to have the Firefighter go down and visit the site just to familiarize them with the facility. Even with the Fire Districts review of the plans and or business it is the responsibility of the owner to make sure the building complies with the International Fire Code 2003 Edition and all possible code requirements. If you should have any further questions please feel free to contact me. Rob Ferguson Deputy Fire Chief — Operations Cc: Chief Blair File