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Home My WebLink About2.0 BOCC Staff Report & Exhibits 03.28.2016Garfield County Community Development Department MEMORANDUM TO: Board of County Commissioners FROM: Glenn Hartmann, Senior Planner DATE: March 28, 2016 SUBJECT: Extension Request for Linn Operating LLC Water Impoundment Facility — House Log Gulch Tank Farm (File No. LIPA-7934) REQUEST -BACKGROUND The Community Development Department has received an extension request submitted by Olsson Associates as the authorized representative for the Linn Operating LLC, House Log Gulch Water Impoundment Facility Application. The facility was conditionally approved by the Board of County Commissioners by Resolution No. 2014-55 (see attached). The one year time frame to meet the conditions of approval has expired. The extension request letter is attached with this memo and provides some background on the request. The Applicant's representative will also be in attendance at the public meeting to answer any questions on the extenuating circumstances associated with the need for the extension. The Applicant has submitted copies of the documentation required by the remaining conditions of approval. Staff has reviewed the documentation with the applicant and determined that they satisfy all remaining conditions. The facility is for storage of production water and includes up to three 130,000 bbl. tanks at build out along with supporting infrastructure. Production waste will be transported to the facility by pipeline with trucking only in emergency situations. The facility is located on an existing approved and developed storage facility/staging area. A vicinity map and site plan are attached. The extension request is being submitted to the Board in accordance with Section 4-101 (1) of the Land Use and Development Code. Subject to the Board's approval of an extension the Land Use Change Permit is ready to be issued. APPLICABLE CODE PROVISIONS In accordance with Section 4-101(1)(4) the Board of County Commissioners "may grant an extension of an otherwise expired approval upon a finding by the BOCC that the failure to file for an extension was due to extenuation circumstances and that it benefits the public interest to grant the extension." BOARD OF COUNTY COMMISSIONER'S ACTION Staff recommends approval of the Extension Request for a 30 day period to allow the Land Use Change Permit to be included on a future Board consent agenda to authorize signature by the Chairman. House Lard Gulch rank VICINITY MAP TOWN OF PARACHUTE L SITE PLAN 024,34144 OA WU WO ra%. unK lRw writ .1:11 uy' -_•v:r..._._. rows._' J1l 0!ow* b• ra �aiw 1.111,44 4t W'Ml i.urca+Vtilk - 'ocr Mali 4 vwr[ NgR.Ip{If.nl--- ---_- __ NIMIIIaaul7tYW MM.. MW .1r+raa NCJRr sc�wccncr, ufa 6110.2 N4l cerlI ct k rII — AMSa dcanur.�IMw 714441:041444)4112 oDWValww.va IMMAaaMic cR+ O4wM 11pN4.mATI GfTAU MOI )0, 4}01•01 r1•0.t,+ 0.t, nau I OR'JKpMYW !MD rW EUI NIfJOIfr eworawawo.a 1461141111.411 1.4.0 44 net weaxnAwn COW OM Minh MA((MiI[YO AERIAL PHOTOGRAPH AND ADJOINING OILAND GAS ACTIVITY APPI ICANT'S SITE VIEW OF THE SITE LOOKING WEST Applicant's Site is to the Rear Marathon Facility to remain a Storage Yard OLSSON® ASSOCIATES March 9, 2016 •Glenn Hartmann Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 RE: LINN Operating, LLC, House Log Gulch Tank Farm LI PA -7934 Dear Glenn, Thank you for your phone call this afternoon regarding Linn Operating's, formally Berry Petroleum's, Land Use Permit for their House Log Gulch Tank Farm. I understand that the Conditions of Approval were supposed to be met prior to October, 2015. Please accept this request for an extension to complete the Conditions of Approval. The response is complete and accompanies this request. Let me know if you have any questions regarding the responses. Sincerely, Tilda Evans Assistant Planner Attachments: COA Response Letter dated March 9, 2016 with supporting documents Cc: Bryan Burns, Linn Operating, LLC 760 Horizon Drive, Suite 102 TEL 970.263.7800 Grand Junction, CO 81506 FAX 970.263.7456 www.olssonassociates.com 600 Travis, Suite 4900 Houston, TX 77002 Phone: (281) 840-4000 March 9, 2016 Glenn Hartmann Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 RE: LINN Operating, LLC, I louse Log Gulch Tank rarm LIPA-7934 LINN Energy Dear Glenn, This letter serves as LINN Operating, LLC's (LINN) response to the Conditions of Approval (COA) for the Land Use Change Permit from Garfield County. 1. That all representations made by the Applicant in the application shall be conditions of approval, unless specifically altered by the Board ofCounty Commissioners. LINN Response: LINN will comply with this condition. 2. That the operation of the Berry House Log Gulch Tank Farm shall be done in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility. LINN Response: LINN will comply with this condition. 3. That the Land Use Change Permit for the Berry House Log Gulch Tank Farm shall replace previous approvals for a Warehouse Facility/Storage Yard on that portion of the site covered by the proposed Tank Farm site plan. Adjacent storage areas currently operated by Marathon Oil and Gas under the existing permit shall remain subject to the previous approvals and conditions. LINN Response: LINN will comply with this condition. Conditions Prior to Issuance 4. Prior to issuance of the Land Use Change Permit, the Applicant shall provide copies of any current air quality permits from CDPHE and a summary of future permits to be required. Copies of future permits shall be provided to the County upon issuance by the CDPHE and the Applicant shall maintain compliance with all air quality permitting requirements. LINN Response: Based on emissions calculations, the House Log Gulch Tank Farm does not require a construction permit from CDPHE. Please see the letter from LINN included in this submittal regarding air quality permitting. 5. Prior to issuance of the Land Use Change Permit, the Applicant shall provide clarification of the vapor skimmer and/or floating ceiling vapor mitigation installations planned for the 600 Travis, Suite 4900 Houston, TX 77002 Phone: (281) 840-4000 i LINN Energy water storage tanks. Said clarification shall include the system to be used and whether CDPHE air quality permits will be required. Copies of any CDPHE permits shall be provided to the County upon issuance. LINN Response: The water storage tanks are fixed roof tanks. The tanks have a vent path that is routed to the Vapor Combustion Unit (H-500). Prior to reaching the Vapor Combustion Unit, the vapors are routed to the VCU Liquids Drain Tank (TIC 501) where any entrained liquids are dropped out of the vapor stream for liquids collection. The vapor combustion unit is a natural draft design with specified 99% destruction efficiency. The water storage tanks are equipped with floating oil skimmers to remove any oil that has collected at the water surface. Copies of the oil skimmer drawings are included in this submittal. No air quality permitting will be required for this facility. See the letter from LINN regarding air quality permitting. 5. Prior to the issuance of the Land Use Change Permit the Applicant shall provide an updated weed management plan for review and approval by the County Vegetation Manager. A follow-up site visit by the County shall be a component of the updated weed management plan. LINN Response: An updated weed management plan is included in this submittal. 6. Prior to issuance of the Land Use Change Permit the Applicant shall provide documentation confirming that the containment improvements and volumes are in compliance with COGCC and EPA regulations. The Applicant shall maintain compliance with all SPCC Plan provisions. LINN Response: See the Concrete vs Berm Construction memo from Samuel Engineering In this submittal. The full capacity of the primary and secondary containment system is 176,400 barrels of produced water. 7. Prior to the issuance of the Land Use Change Permit the Applicant shall provide a detailed update on the status of the current re -vegetation and stabilization of the site demonstrating compliance with the current approvals. The Applicant shall comply with all re -vegetation, stabilization and reclamation representations contained in the Applicant including the steep cut slopes north of the water storage tanks. LINN Response: Current revegetation and stabilization Is in compliance with current approvals. See the House Log Gulch Re -Vegetation and Stabilization Report from Summit Services Group included in this submittal. Other Conditions 8. Compliance with all COGCC leak detection, monitoring well, and high level monitoring/alarms shall be required. Copies of the COGCC Form 28 approvals shall be 600 Travis, Suite 4900 Houston, TX 77002 Phone: (281) 840-4000 LINN Energy provided to the County upon issuance by COGCC. Monitoring wells shall be installed in accordance with COGCC timing requirements and testing shall include the two springs in the vicinity of the site if accessibility and production allows for testing as noted in the Application submittals. LINN Response: LINN will comply with this condition. 9. A waiver is granted from Section 7-107 Roadway Standards for the access roadways serving the site based on compliance with the waiver criteria contained in Section 4-118, the representations contained in the Application including but not limited to Access and Roadway submittals, Section 7-107 Standards Analysis, and the statement by a qualified professional engineer (Rock Solid Solutions) confirming the adequacy of the Garden Gulch and Garden Gulch Extension sections of the access roadways. LINN Response: Acknowledged. 10. Engineered foundations shall be required for the water tank installations. Applicants shall obtain building permits from Garfield County for buildings, structures, and fences as required by the County Building Department. LINN Response: LINN will comply with this condition. 11. The facility shall maintain compliance with CDPHE Storm Water Management Permits, Drainage and Grading Plans, and Reclamation Plans for the site. LINN Response: LINN will comply with this condition. 12. The facility shall maintain compliance with COGCC Noise Standards/Regulations including noise impacts at the closest property line. As represented the Applicant shall utilize an electric powered pump to minimum noise impacts. LiNN Response: LINN will comply with this condition. 13. 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 and storage tanks shall be painted a non -glare neutral color to lessen any visual impacts. LINN Response: LINN wil! comply with this condition. 14. The Applicant shall comply with the recommendations and Best Management Practices contained in the WestWater Engineering Protection of Wildlife Habitat Areas Report, dated June 2013. Compliance shall include but is not limited to installation of deterrent devices to prevent raptors from utilizing structures on site as hunting perches, speed limits and notification signs for Greater Sage Grouse awareness, wildlife friendly fencing standards, removal of garbage and food Items on a daily basis or use of bear proof containers, and noxious weed prevention practices. 600 Travis, Suite 4900 Houston, TX 77032 Phone: (281) 840-4000 LINN Response: LINN will comply with this condition. LIMN Energy 15. The water storage tanks shall be limited to use by Berry Petroleum and its facilities within the Piceance Basin area of Operations as represented in the Application Submittals. Water shall be transported to the site primarily by pipeline as represented in the Application. LINN Response: LINN will comply with this condition. Please let us know if you have any questions. Sincerely, LINN Bryan Burns 1 Environment, Health, and Safety 1 Direct: 281-840-40331 CeII: 303-726-8040 Energ) Our values: Embrace & Drive Change - Pursue Growth - Take Action -Respect Others - Be Passionate - Connect ■11111 .4.11M a' ui ion igi ifisal,11111 Recep tlanU: 859500 1M0/013/2014 Fee3$O 0�Doc�Fee:0.00rGuan ARFIELD COUNTY CO STATE OF COLORADO )ss County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Administration Building in Glenwood Springs on Monday, the 15th day of September A.D. 2014, there were present: John Martin , Commissioner Chairman Mike S mson , Commissioner Tom Jankovsky , Commissioner Frank Hutfless , County Attorney Kelly Cave , Assistant County Attorney Jean Alberico , Clerk of the Board Kevin Bachelder. , Assistant County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. ?oro- 55 A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR A WATER IMPOUNDMENT FACILITY, ON AN 880 ACRE PROPERTY LOCATED APPROXIMATELY 10 MILES NORTHWEST OF PARACHUTE IN SECTION 32, TOWNSHIP 5 SOUTH, RANGE 96 WEST OF THE 6TH P.M., GARFIELD COUNTY KNOWN AS THE LINN OPERATING LLC HOUSE LOG GULCH TANK FARM PARCEL NO# 2135-321-00-009 Recitals A. The Board of County Commissioners of Garfield County, Colorado, (Board) received a request for a Land Use Change Permit to allow for a Water Impoundment, as further described in Exhibit A, Site Plan (File No. LIPA-7934). B. The Water Impoundment known as the House Log Gulch Tank Farm is located on approximately 11.77 acres within an overall 880 acre parcel of land owned by Linn Operating LLC in conjunction with Berry Petroleum, Marathon Oil Company, PGR Partners LLC, and Wapiti Oil and Gas LLC. Ownership of this property is described in Special Warranty Deeds found at Reception Numbers 743398, 711206, 711207, 775544, and 794565 in the records of the Garfield County Clerk and Recorder. 1 1111 l'd efirli111,11% NIVAIri.1111MARIFigillik 11111 Reception#: 854500 2OoOf06xRic 10:30733 ee:$0 000aDoc,Fee:0.00rGARFIELD COUNTY CO C. The subject property is Located within unincorporated Garfield County in the Resource Lands, Plateau zone district, approximately 10 miles northwest of Parachute, Colorado and accessed by a series of private roads known as the Garden Gulch Road and Garden Gulch Extension off of County Roads 215. D. Water Impoundment Facilities may be permitted in the Resource Lands Plateau zone district with a Limited Impact Review. E. The Board is authorized to approve, deny or approve with conditions a Limited Impact Review application resulting in issuance of a Land Use Change Permit pursuant to the Garfield County Land Use and Development Code, as amended. F. The Board of County Commissioners opened a public hearing on the 15th day of September, 2014 for consideration of whether the proposed Land Use Change 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. G. The Board of County Commissioners closed the public hearing on the 15th day of September, 2014 to make a final decision. H. The Board 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 meeting. 3. That for the above stated and other reasons the proposed Land Use Change Permit for the Linn Operating LLC House Log Gulch Tank Farm 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 adoptions of conditions and granting of waivers from the roadway standards including road grades, easement widths, lane widths, and road cross section details, the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. 2 111141VdtIgININIIINAIIIIVIIII:V1411.14:141414 111111 Reception#: 854500 13/00/2014 10:39,33 All Jean Alberido 3 of 6 Rec Fee:$0_00 000 Fee:0.00 GARFIELD COUNTY CO 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 Land Use Change Permit for a Water Impoundment, also known as the Linn Operating LLC, House Log Gulch Tank Farm, is hereby approved subject to compliance with the following conditions: 1. That all representations made by the Applicant in the application shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. That the operation of the Linn Operating LLC House Log Gulch Tank Farm shall be done in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility. 3. That the Land Use Change Permit for the Linn Operating LLC House Log Gulch Tank Farm shall replace previous approvals for a Warehouse Facility/Storage Yard on that portion of the site covered by the proposed Tank Farm site plan. Adjacent storage areas currently operated by Marathon Oil and Gas under the existing permit shall remain subject to the previous approvals and conditions. 4. Prior to issuance of the Land Use Change Permit, the Applicant shall provide copies of any current air quality permits from CDPHE and a summary of future permits to be required. Copies of future permits shall be provided to the County upon issuance by the CDPHE and the Applicant shall maintain compliance with all air quality permitting requirements. 5. Prior to issuance of the Land Use Change Permit, the Applicant shall provide clarification of the vapor skimmer and/or floating ceiling vapor mitigation installations planned for the water storage tanks. Said clarification shall include the system to be used and whether CDPHE air quality permits will be required. Copies of any CDPHE permits shall be provided to the County upon issuance. 6. Prior to the issuance of the Land Use Change Permit the Applicant shall provide an updated weed management plan for review and approval by the County Vegetation Manager. A follow-up site visit by the County shall be a component of the updated weed management plan. 3 Rete � iTaftn 0 10/00/20 /4 10:39:33 AM Joan A1berlco 4 of 6 Roo Fee:$0.00 Doc Fee10,00 GARFIELD COUNTY CO 7. Prior to issuance of the Land Use Change Permit the Applicant shall provide documentation confirming that the containment improvements and volumes are in compliance with COGCC and EPA regulations. The Applicant shall maintain compliance with all SPCC Plan provisions. 8. Prior to the issuance of the Land Use Change Permit the Applicant shall provide a detailed update on the status of the current re -vegetation and stabilization of the site demonstrating compliance with the current approvals. The Applicant shall comply with all re -vegetation, stabilization and reclamation representations contained in the Applicant including the sleep cul slopes north of the wafer storage tanks. 9. Compliance with all COGCC leak detection, monitoring well, and high level monitoring/alarms shall be required. Copies of the COGCC Form 28 approvals shall be provided to the County upon issuance by COGCC. Monitoring wells stall be installed in accordance with COGCC timing requirements and testing shall include the two springs in the vicinity of the site if accessibility and production allows for testing as noted in the Application submittals. 10. A waiver is granted from Section 7-107 Roadway Standards for the access roadways serving the site based on compliance with the waiver criteria contained in Section 4- 118, the representations contained in the Application including but not limited to Access and Roadway submittals, Section 7-107 Standards Analysis, and the statement by a qualified professional engineer (Rock Solid Solutions) confirming the adequacy of the Garden Gulch and Garden Gulch Extension sections of the access roadways. 11. Engineered foundations shall be required for the water tank installations. Applicants shall obtain building permits from Garfield County for buildings, structures, and fences as required by the County Building Department. 12. The facility shall maintain compliance with CDPHE Storm Water Management Permits, Drainage and Grading Plans, and Reclamation Plans for the site. 13. The facility shall maintain compliance with COGCC Noise Standards/Regulations including noise impacts at the closest property line. As represented the Applicant shall utilize an electric powered pump to minimum noise impacts. 14. The facility shall maintain compliance with Section 7-306 Lighting, with all lighting to be directed inward and doward toward the interior of the site. Facilities and storage tanks shall be painted a non -glare neutral color to lessen any visual impacts. 15. The Applicant shall comply with the recommendations and Best Management Practices contained in the WestWater Engineering Protection of Wildlife Habitat Areas Report, dated June 2013. Compliance shall include but is not Limited to installation of deterrent devices to prevent raptors from utilizing structures on site as hunting perches, speed 4 Re rt#85A50 85450 cep t I a : 0 iC/QG/7014 10230:33 AM Jean Rlbertao 6 of 6 Rec Fee:$0.00 Doc Fee:O.00 GARFIELD COUNTY CO limits and notification signs for Greater Sage Grouse awareness, wildlife friendly fencing standards, removal of garbage and food items on a daily basis or use of bear proof containers, and noxious weed prevention practices. 16. The water storage tanks shall be Iimited to use by Linn Operating LLC and it's facilities within the Piceance Basin area of Operations as represented in the Application Submittals. Water shall be transported to the site primarily by pipeline as represented in the Application. Dated this day of ATTEST: . A.D. 20 //' . ARFIELD Y BOARD OF OMMISSI t ERS, GARFIELD LINTY, L-41,1-- eV"? Jerk of the Board """` Chaim Upon motion duly made and seconded the forego following vote: COMMISSIONER CHAIR JOI-IN F. MARTIN , Aye COMMISSIONER MIKE SAMSON , Aye COMMISSIONER TOM JANKOVSKY , Aye STATE OF COLORADO ) )ss County of Garfield ) by the 1, , 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 5 ■III I rdirCrhP , PSI',1111111410.1HIRVIREiliittivi II 01 Recoptiontt: 854500 tO/OO12014 10:38 33 AM Jean Alberlco 6 of 6 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A SITE PLAN ,•rgwn+�s.sw:xet.n.,wp ,i' .I vales nn,a mllTSlwAuri lraGlilNlly �� 1 _�eQ'M4y1N K11f1✓I� nm' T ..� MHg1YY -. ,tt ltll4 r~ Ci9ilglq �'� •IW nigi.diFgameIp • 6