HomeMy WebLinkAbout2.0 Staff Report D.D. 12.17.18Directors Determination - Staff Report / Exhibits
Laramie Energy Well Pad 604-12-13
Minor Temporary Employee
Administrative Review
Applicant - Laramie Energy, LLC
Operator - Laramie Energy, LLC
December 17,2018
File MTEH- 11-18-8694
Exhibit
Number
Exhibit Description
1 Public Hearing Notice lnformation Form, Dated Dec. 17,
2018
2 Mail Receipts
3 Garfield County Land Use and Development Code, as
amended
4 Garfield County Comprehensive Plan of 2030
5 Application
b Staff Report
L
REQUEST
PROP OWNER
APPLICANT
ASSESSOR'S PARCEL #
PROPERTY SIZE
LOCATION
ACCESS
ISTING ZONI
Director Determ ination 121 17 I 1 I
File No. MTEH-1 1-18-8694
PP
General Administrative Land Use Change
Permit for a Temporary Employee Housing
Facility, Minor
Laramie Energy, LLC
Laramie Energy, LLC
2169-214-00-026
The facility will be located within a COGCC
approved well pad location (pad 604-12-13)
and within an overall 10,100-acre parcel.
The property is located approximately 25 miles
north of the Town of Debeque in Lot 16, Section
4, Township 6 South, Range g7 West, 6th P.M.,
Garfield County, Colorado.
The facility is accessed by private roadways
and County Road 213.
The property is zoned Resource Lands
Plateau.
PROJECT INFORMATION AND STAFF COMMENTS
The Applicant is requesting an Administrative Land Use Change Permit for a Temporary
Employee Housing Facility, Minor, on a Laramie Energy, LLC well pad location known
as 604-12-13 on the Roan Plateau. The facility will be located within an existing COGCC
approved well pad. The Administrative Permit Applicant is the property owner Laramie
Energy, LLC; Lorne Prescott is their Authorized Representative. The subject parcel is
described by tax lD 2169-214-00-026 and is located in Section 4, Township 6 South,
Range 97 West, 6th P.M.
More specifically, the Applicant requests approval for one Minor Temporary Employee
Housing facility to house I to 24 personnel within five housing units for the purpose of
natural gas drilling operations. The Applicant has represented that the facility will be on-
site for less than one year, will have water hauled to the site and a vault-and-haul
scenario for handling sewage and wastewater.
2
Estimated Dates of Operation:
lnstallation: January 17,2019
Removal: January 17,2020
Total Estimated Time on Site: Less than one year
The following table details the manufactured housing units and estimated number of
occupants.
Housing Unit Use Size Occupants
cM-1 Company Man 13'x 58'Up to 24
Double End (1)Live/Sleep 13'x 58'Up to 24
Double End (2)LiveiSleep 13'x 58'Up to 24
Unit 3 Live/Sleep 13'x 58'Up to 24
Unit 4 LiveiSleep l3'x 58'Up to 24
Total Living on Location 24 or less
The Minor Temporary Employee Housing facility will be in use year-round to
accommodate those considered to be "essential personnel" to the drilling operations on
this and other approved COGCC well pads located within the Resource Lands zone
district within the five proposed housing units.
The installed facility is required to meet allapplicable building and fire code requirements.
The manufactured housing meets the Division of Housing standards for the State of
Colorado which includes smoke detectors, carbon monoxide sensors, heat alarms,
escape routes and fire extinguishers.
The site layouts are designed to minimize potential hazards to the crew from equipment
or secondary exposure to chemicals, fumes, etc. The area is a cleared pad site with
minimal natural wildfire fuel, although surrounded by mountain vegetation. The slopes
near the housing units (and the entire pad surface) are graded to prevent on-flows or
surges of soil and stormwater run-on. lf after construction/drilling commences we
determine the slope needs additional best management practices, the Applicant will have
tackifier (soil stabilizer) applied to control soil erosion. The entire pad will typically have
a berm, approximately 18" in height all the way around. The idea is to retain fluids as
much as possible on the drill site, though some of the water is routed to stormwater
detention basins outside the pad perimeter. The units may be within 50 feet from the fill
slope, which apparently is normal for this type of unit and doesn't pose any safety issues.
Water, wastewater and trash services are bring provided by HB Rentals and will be
confined to the well pad. Water is going to be hauled in every 4 days within two climate
controlled tanks. Wastewater will be stored within two climate controlled tanks and will
be picked up every 4 days. An alarm is installed on the wastewater tank that will sound
3
at7ïo/o full. The trash is stored within two bear-proof containers and will be picked up at
a minimum of once a week or as needed. Trip logs will be maintained for compliance
with these standards. Any accidental discharges will be immediately reported to the
District Manager and a written report of the measures taken by the Permittee (HB
Rentals) will be available within 5 days. HB Rentals shall take all responsibility should a
discharge occur that damages natural resources, persons or property as noted in the
Wastewater Discharge Permit issued by Clifton Sanitation Districl.
The site is currently a developed COGCC well pad. Land uses within 1500 ft. include
agricultural/open space uses and natural gas extraction. No additional native vegetation
will be removed for the proposed facility and the placement of the project on an existing
well pad will minimize additional impacts.
The area of the pad is nof within the Modeled Sage Grouse habitat as shown below in
the red color. Recommended by the Conservation Plan for mineral extraction operations
within any potential habitat on private land is clustering disturbances, cleaning up refuse,
generally restrict impact during operation of the well pad and using best practices during
the reclamation of the site once the operation has ceased. In this case, a bond being
held by the COGCC will assure post-operation reclamation of the area.
Modeled Habitats for Greater Saqe Grouse"
" *Garfield County Greater Sage-Grouse Conservation Plan
March 18,2013
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This site is remote and must be contained
on an approved COGCC well pad along
with other drilling facilities.
4
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7
Site Plan
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9
Public Notice was provided for the Director's Determination in accordance with the
Garfield County Land Use and Development Code as amended and included mailing
notice to all owners within any mineral rights on the property I aramie Energy LLC is
the only property ownerwithin 200'of the pad so no additional property owner notification
was completed. The Applicant has provided evidence of compliance with the notice
rqç¡girg¡e¡þBelqrralslqr lúrnar Lemporary EmpaoyeeÌlqusing Facillties are limited to
Sign-Offs by the Debeque Fire Protection District and the Garfield County Sheriff's
Office. These Sign-Offs are submitted with the application materials. Comments from
referral agencies, County Departments, and the public are summ arized below and
included in the application
1. Debeque Fire Protection District:
Fire Chief Mike Harvey signed-off indicating that the District received all necessary
information and had no comment.
2. Garfield County Sheriffs Office:
Sergeant Levy Burris signed-off indicating that the Office received all necessary
information and had no comment.
3. No public comment was received.
In accordance with the Land Use and Development Code, the Applicant has provided
responses to the Submittal Requirements and applicable sections of Article 7, Divisions
1,2, and 3, including Section 7-706 Temporary Employee Housing, Minor Standards.
7-101- 103: Tone District Reoulations. Comorehe nsive Plan & Comoatibilitv
The proposed use demonstrates general conformance with applicable Zone District
provisions contained in the Land Use and Development Code and in particular Article lll
standards for the Resource Lands - Plateau zone district.
Regarding compliance with Section 7-102, The Comprehensive Plan 2030 designates
the site as Resource Production / Natural. Excerpts from the Land Use Description
Section Chapter 2 and Section 8, Natural Resources and Section g, Mineral Extraction
are provided below.
Section 2:
L¡ro U¡e
De¿c¡¡nor Dggc¡¡eno¡Ooupmare Zou¡c
RêBôu¡æ
Product¡on/
Naturål {RPN}
J'rl'
AgÍcullure and grez¡ng lend usêd primer¡ly for
o¡1, gas, oil shele, @al miñing, gravel m¡n¡ng.
includ¡n9 support build¡ñgs and fac¡l¡ties ¡eeded
tor the natural resouræ extract¡on ¡ndustry, end
othsr bu6in6ê6 usoÊ that @n be adequqlaly
buffered f¡om adjaænt ¡ncompat¡ble uses. Also
includes eþâB w¡th s¡gnificant environmsntâl
@nstra¡nts guch as uppe¡ plateaus, talus slopes,
and sleop slope3 (ovêr2Or%). Pr¡vatè ¡nhold¡ng
mostly surrounded by publ¡c lânds with l¡mited
publ¡c a@ss-
Rèsouræ Lands (RLTS, RLE,
RLP)
De¡slty of res¡denl¡al u*s: 1 du per 35 acres
Exåmplc:
10
Section I - Natural Resources
/ssues
*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.
Goals1. 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.
Policies1. The County will encourage and cooperate with the protection of
critical habitat including sfafe and federally protected, threatened, or
endangered species.
Section 9 - Mineral Extraction
Goals1. Ensure that mineral extraction is regulated appropriately to promote
responsible development and provide benefit to the general public.
2. Ensure that mineral extraction activities mitigate their effects on the natural
environment, including air quality, water quality, wildlife habitat or important visual
resources.3. ln working with mineralextraction projects, the countywill protectthe public
health, safety and welfare of its citizens.
Policies2. Mineral resource extraction activities will protect critical wildlife
habitat as identified by state and federal agencies. Development within
fhese designations that cannot be designed, constructed and conducted
so as to have a minimum adverse impact upon such habitat or these wildlife
species shall be discouraged.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 ULUR 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 and reclamation.
The Application has also provided information on neighboring land uses indicating the
general character of the area. The request demonstrates general compatibility with
adjoining uses provided compliance with COGCC regulations are maintained.
LL
7-104 & 7-705t8)Source of Water
The Applicant is proposing potable water including bottled water and potable water
stored in potable water tanks. The potable water is to be hauled to the facility using a
water hauling contractor. The Applicant is required to use CDPHE certified potable water
haulers who are obtaining the water from an approved source. All water must be treated
prior to delivery to a facility. The Applicant has represented that the facility is capable of
storing 6,400 gallons of potable water (two 3,200 gallon tanks) with a 3 % day capacity.
The Applicant has represented that the tanks will be refilled every 4 days or as needed.
The Applicant has provided a letter from HB Rentals stating that they will provide potable
water hauling services for Laramie Energy 604-12-13 well pad.
7-105 & 7-705tC):Water Svstems
Sewage and wastewater are proposed to be handled by a vault-and-haulsystem with an
8,O0O-gallon storage capacity. Two 4000 gallon tanks are proposed. Based on the
Garfield County Land Use and Development Code o12013, the Applicant will provide a
minimum of 75 gallons per person per day of storage capacity for sewage and
wastewater. As a result, the 8,000-gallon storage capacity is anticipated to provide a 4
to 5-day capacity.
The Applicant has provided a letter from HB Rentals stating that they will provide waste
water hauling services for Laramie Energy 604-12-13 well pad every 4 days as well as
providing an alarm when the tanks are 70% full.
7 -106: Public Utilities
This remote site will be occupied temporarily in accordance with the regulations for
Temporary Employee Housing, Minor. The Applicant is proposing to provide temporary
accommodations for electricity, sewage/wastewater disposal and water. A diesel-fueled
generator will be located onsite for electricity.
7-107: Access & Roadways
The Applicants access the site from private roads and County Road 213 within Garfield
County. As the area is an active gas field, the Applicant has represented that the
roads will be sufficiently maintained to accommodate those uses, including heavy truck
traffic, in addition to the temporary housing facility. The site was assessed and meets
the requirements of the Rural Access standards of Section 7-107 and Table 7-107 of
the Garfield County Land Development Code. A professional engineer (Olsson
Associates) certified the access road Cascade Creek Valley Road, Cascade Creek
Mountain Road and Cascade Creek Mesa Road to be safe and adequate following the
rural access roadway standards if proper maintenance is conducted on the roads. The
Roadway Standards Assessment dated January, 2015 was included in the application
submittal. An Adequacy Memorandum has been provided by Rock Solid Solutions, an
engineering firm who completed a review for the previous owners of the property
affirming the access and road standards in February of 2015.
72
7-108' Natr.¡ral Hazards
The information provided and data from the Garfield County GIS sutpports a
determination that the proposed use is not subject to significant natural hazard risks.
7-109: Fire Protection
The Applicant provided a sign-off from the Debeque Fire Protection District. No additional
comments were generated and the District signed-off indicating that all information has
been receíved and reviewed.
7-201 : Aqricultural Lands
With no new disturbed areas, no additional impacts on nearby agricultural lands are
anticipated.
7-202: Wildlife Habitat Areas
With no new disturbed areas, no additional impacts on wildlife habitat areas are
anticipated. As noted on page 4, this pad site is not within the modeled Greater Sage-
Grouse habitat which is at least three miles away. There is a large canyon between the
location and the lek - Crystal and Doe Creeks. Also, the location is not within big game
winter range habitats.
7-203: Protection of Water Bodies
No waterbodies or floodplain are identified within the vicinity of the housing facility. As a
result, no impact to water bodies are anticipated.
7-204: D inaoe and Erosion
As the temporary facility is located on an approved COGCC well pad location, drainage
and erosion are required to comply with COGCC standards and regulations. The site
has been graded with erosion control berms.
7-205: Environmental Qualitv
No adverse impacts to environmental quality is anticipated as the site is located on a
COGCC well pad location and is temporary in nature. The use of the facility will decrease
overall traffic demands.
7-206: Wild fire Hazards
The site plans were reviewed by the Debeque Fire Protection District with no additional
comment generated. This pad site is designated a Wildland Fire Intensity lndex of
medium but only a small amount of vegetation remains after the pad area grading.
7-207: Natural and Geolooic Hazards
No significant geologic hazards have been identified on or near the site.
13
7-208: Reclamation
Allfacilities are to be removed at the end of the permit period. ln addition, all reclamation
associated with site disturbance is covered by the COGCC reclamation plan and bond.
7-301 & 302: Compatible Desiqn, Parkins. and Loadins
The proposed use is consistent with and compatible with typical oil and gas exploration
and production activities. Large areas of the site plan are available for parking,
circulation, and loading activities.
7-303: La ndscapinq
As the site is remote and within a COGCC well pad location, the site is substantially
screened from public view by vegetation and topography.
7-304 Liqhtinq
No permanent lighting is proposed. Any lighting shall be required to meet the County
standards for being down directed, shielded, and oriented toward the interior of the site.
7-305 Snow Storaqe
Adequate portions of the site plan are available for snow storage.
7-306 Trails
Trails standards are generally not applicable based on the industrial nature of the
proposal, remote location and surrounding uses.
7-706 Temporary Employee Housinq Facilities. Minor. Standards
The Application represents that the facility will comply with all the applicable Standards
contained in Section 7-706. The Application contains a variety of documents to support
compliance and the following summary addresses key issues.
A. Federal, State, and Local Laws and Reoulations.
Minor Facilities must comply with all applicable Federal, Sfafe, and local laws and
regulations.
The Applicant has provided the Compliance Officer Sign-Off which provides the
name and contact information for the individual responsible for ensuring that all
Federal, State and Local laws and regulations are followed during installation,
operation and removal of the facility. lncluded in the application is a permit issued
on March 14,2018 to drill for gas issued by the State of Colorado Oil and Gas
Conservation Commission. The permit expires on March 13,2020.
B. Notification of Facility lnstallation and Removal.
The Sheriffs Office and relevant fire protection district(s) must be notified at least
24 hours prior to installation and removal of each Minor Facility. The Community
Development Department shall be copied on all such notification, whether hard
copy or electronic.
The Applicant has stated that they will comply with this notification standard.
1.4
C, Water Svstems.
Water sysfems shall comply with standards set forth in section 7-705.8.
Please see sectionT-104, above. lt is staff's opinion that the proposed system will
meet the standards identified in Section 7-705.8.
D. Wastewater Systems.
Wastewatersysfems shall comply with standards sef forfh in section 7-705.C.
Please see sectionT-105, above. lt is staff's opinion that the proposed system will
meet the standards identified in Section 7-705.C.
E. Clean. Safe, and Sanitary Condition.
Minor Facilities shall be maintained in a clean, safe, and sanitary condition, free
of weeds and refuse. Any hazardous or noxious materials that must be stored at
the Minor Facility for operational or security reasons must be managed in
accordance with all applicable Federal, State, and local laws and regulations.
The Applicant has stated that they will comply with these standards.
F. Trash and F ood Storaoe
Wildlife-proof refuse containers must be provided for trash. Outdoor food storage
is prohibited unless facilities are provided that prevent the attraction of animals to
the Minor Facility site.
This facility is to be equipped with bear proof container(s). Refuse will be emptied
by a refuse hauler at least once per week and disposed of at a Garfield County
landfill or other permitted facility.
Fire Protect
1. Provisions for giving alarm in case of fire and fire suppression must be
installed per fire codes and as required by the fire protection district.
2. Single-station carbon monoxide alarms must be placed in each
Manufactured Home or Recreational Vehicle unit.
The Applicant has stated that they will comply with these standards. ln addition,
the application has been reviewed by the Debeque Fire Protection District.
H. No Domestic imals Allowed
Domestic animals are prohibited.
The Applicant has stated that they will comply with this standard
L Removal of Facility.
Within 10 days following the expiration or other termination of the Land Use
Change Permit or represented date of removal identified within the Land Use
Change Permit, all housing structures, foundations, and assocr,afed infrastructure
shallbe completely removed. The Operator shall provide the Directorwith photos,
dated and signed by the Operator's compliance officer, indicating that all housing
structures, foundations, and associated infrastructure have been removed within
the specified timeframe.
The Applicant has stated that they will comply with these standards.
15
1. The Representative for the Applicant has provided all necessary Special
Power of Attorney and Statement of Authority documents for this application.
2. The Applicant has provided all necessary Public Notice. No public comments
were received.
3. All standards relevant to a Minor Temporary Employee Housing Facility have
been satisfied.
1. That proper public notice was provided as required for an Administrative
Review Land Use Change Permit.
2. That for the above stated and other reasons the proposed Land Use Change
Permit for the Laramie Energy LLC 604-12-13Temporary Employee
Housing, Minor, is in the best interest of the health, safety, convenience,
order, prosperity and welfare of the citizens of Garfield County.
3. That with the adoption of conditions, the application is in general
conformance with the 2030 Comprehensive Plan.
4. That with the adoption of conditions, the application has adequately met the
requirements of the Garfield County Land Use and Development Code.
The following recommended conditions of approval are provided for the Directors
consideration.
1. That all representations of the Applicant contained in the Application submittals shall
be conditions of approval unless specifically amended or modified by the conditions
contained herein.
2. Temporary Employee Housing Facility. During times of housing shortage or in remote
locations, the use of Factory Built Nonresidential Structures (as defined under C.R.S.
S 24-32-3301, as amended, and Resolution #35 of the Colorado State Housing
Board) utilized for a period of time not longer than 1 year or as othenvise specified,
forworkers who are engaged in commercial, industrial, mineralextraction, or highway
operations and who are needed to support the proper execution and safety of the
related operations. Temporary Employee Housing, shall not include Recreational
Vehicles, except in a Small Facility.
L6
3, Minor Temporary Housing Facilities, also referred to as "Minor Facilities," shall have
all of the following basic characteristics:
a) The Minor Facility and any associated infrastructure must be completely
contained within a State or Federally-permitted parcel (i.e. COGCC-approved
oil/gas well pad) in which reclamation and revegetation are secured with the
permitting agency (Permitted Site);
b) The Minor Facility is located at the Permitted Site for less than a cumulative of 1
year; and
c) The Minor Facility shall have occupancy of up to 24 people who are employees,
contractors, or subcontractors of the operator and are supporting the proper
execution and safety of the related commercial, industrial, extraction, or highway
operations
4. The Minor Facility shall adhere to the following Minor Permit standards
a) Minor Facilities must comply with all applicable Federal, State, and local laws and
regulations.
b) The Sheriff's Office and relevant fire protection district(s) must be notified at least
24 hours prior to installation and removal of each Minor Facility. The Community
Development Department shall be copied on all such notification, whether hard
copy or electronic.
c) Water systems shall comply with standards set forth in section 7-705.8.
d) Wastewater systems shall comply with standards set forth in section 7-705.C
e) Minor Facilities shall be maintained in a clean, safe, and sanitary condition, free
of weeds and refuse. Any hazardous or noxious materials that must be stored at
the Minor Facility for operational or security reasons must be managed in
accordance with all applicable Federal, State, and local laws and regulations.
f) Wildlife-proof refuse containers must be provided for trash. Outdoor food storage
is prohibited unless facilities are provided that prevent the attraction of animals to
the Major Facility site.
g) Fire Protection.
Provisions for giving alarm in case of fire and fire suppression must be
installed per fire codes and as required by the fire protection district.
Single-station carbon monoxide alarms must be placed in each
Manufactured Home or Recreational Vehicle unit.
L7
h) Domestic animals are prohibited
i) Within 10 days following the expiration or other termination of the Land Use
Change Permit or represented date of removal identified within the Land Use
Change Permit, all housing structt¡res, founclations, ancl associatecl infrastructl¡re
shall be completely removed. The Operator shall provide the Director with photos,
dated and signed by the Operator's compliance officer, indicating that all housing
structures, foundations, and associated infrastructure have been removed within
the specified timeframe.
18
Gørfield County
PUBTIC HEAR¡NG NOTICE INFORMATION
Please check the appropriate boxes below based upon the not¡ce thet was conducted for your public
hearing. ln addition, please initial on the blank line next to the statements if they accurately reflect the
described act¡on.
/
ø My application required written/mailed notice to adjacent property owners and minerat
owners
"t/"d
'/
Mailed noticewascompleted on the 2l{ a^v oc n/¿uørl-.* .zoQ
A' owners of record within a 200 foor ,.6¡u, o1 ,¡.ldklåe identified as
shown in the Clerk and Recorde/s office ät leôst 15 calendar days prior to sending
notice. LAttt¡ntâ. €de,6l LLa ;4 ¿s¡¡Qzutêè t
All owners of mineral interest in the subject property were ldentified through records in
H
the Clerk and Recorder ôlAtsetsôr, or through other means [llstl4
Please attach proof of certified, return receipt requested mailed notice.
t] My applicatlon required Pubtished notice.
Notice was published on the day of
I
;
20_.
Please attach proof of publication in the Rlfle Citizen Telegram.
tr My applícation requlred Post¡ng of Notice.
Notice was posted on the
-
day of 2A_.
Notice was posted so that at least one sign faced each adiacent road right of way
generally used by the public.
I testify that the aboue lnformation ls true and accurate,
Name:C
Date:
LARAMIE ENERGY, LLC
760 HonrzoN Drive, Surrn 101
GneNo JrnrcuoN, CO 81506
Tel: 970-812-531 I
November 20,2018
Subject: Minor Temporary Employee Housing 604-'12-13 Pad Site, Garfield County, Colorado
To Whom lt May Concern:
Laramie Energy, LLC (Laramie) is preparing for Natural Gas Drilling Operations on the CC 0604-12-13
Annex Pad on parcel 2169-214-00-026. The surface of this parcel is owned exclusively by Laramie.
Garfield County Land Use Code requires that all mineral owners of the subject parcel be informed of the
application submittal and be given an opportunity to comment on the proposed permit. As a registered
Mineral Owner, you are being provided the Public Notice required by the code.
lf you have any questions regarding this application or if you require additional information, please contact
me at 970-812-5311.
Sincerely,
":tr_ea
Lorne C. Prescott
Regulatory and Environmental Compliance
Laramie Energy, LLC
lprescott@la ram ie-energy. com
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