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HomeMy WebLinkAbout1.0 ApplicationTER ENERGY PARTNERS TEP ROCKY MOUNTAIN LLC Starkey Gulch Waste Management Facility Garfield County Land Use Change Permit Administrative Review November 2020 TEP Rocky Mountain LLC November 2020 Table of Contents Land Use Change Permit — Administrative Review Process 4-101.A Pre -application meeting with county 4-103 Administrative Review Process 4-118 Waiver of Standards 4-202 Waiver of Submittal Requirements Table 4-201 Application Materials 4-203.A Professional Qualifications 4-203.6 General Application Materials 4-203.8.1. Application Form 4-203.8.1.a. Authorized Representative 4-203.8.1.b. Applicant is not the sole owner 4-203.8.1.c. Applicant is an entity/SUA 4-203.8.2. Ownership/Deed/Title Information 4-203.8.3. Adjacent property owners and mineral owners and lessees 4-203.8.4. Agreement to pay 4-203.8.5. Project Description 4-203.C. Vicinity map 4-203.D. Site Plan 4-203.E. Grading and Drainage 4-203.F. Landscape Plan (waiver request) 4-203.G. Impact Analysis 4-203.G.1. Adjacent land use and neighboring properties within 1,500 foot radius 4-203.G.2. Site Features 4-203.G.3. Soil Characteristics 4-203.G.4. Geology and Hazard Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC November 2020 Table of Contents cont. 4-203.G.5. Groundwater and Aquafer Recharge Areas 4-203.G.6. Environmental Impacts 4-203.G.7. Nuisance — noise, vapor, dust, smoke, glare or vibration — viewshed, color 4-203.G.8 Hours of operation Impact Analysis Appendix: A Adjacent Land Use & Neighboring Properties within 1,500 feet 8 Starkey Gulch Centralized Waste Management Facility Impact Analysis, WestWater C Soil Characteristics - NRCS Web Soil Survey D Geology and Hazard E Groundwater and Aquafer Recharge Area F Noise Study G Starkey Gulch Waste Management Facility Operating Plan 4-203.J Development Agreement (waiver requested) 4-203.K Improvement Agreement (waiver requested) 4-203.L. Traffic Study 4-203.M Water Supply and Distribution Plan (waiver requested) 4-203.N Wastewater Distribution Plan Article 7 Standards 7-101 Zone district regulations 7-102 Comprehensive Plan and Intergovernmental agreements 7-103 Compatibility 7-104 Source of Water (waiver requested) 7-105 Central Water Distribution and Wastewater Systems (waiver requested) 7-106 Public Utilities (waiver requested) Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC November 2020 Table of Contents cont. 7-107 Access and Roadways 7-108 Use of land subject to natural hazards 7-109 Fire protection (waiver requested) 7-201 Agriculture Lands 7-202 Wildlife Habitat Areas 7-203 Protection of waterbodies 7-204 Drainage and erosion 7-205 Environmental Quality — Air/Water 7-206 Wildfire hazards 7-207 Natural and geologic hazards 7-208 Reclamation 7-301 Compatible Design 7-302 Off-street Parking & Loading Standards (waiver requested) 7-303 Landscaping (waiver requested) 7-304 Lighting standards (waiver requested) 7-305 Snow storage standards 7-306 Trail and walkway standards (waiver requested) 7-1001 Hours of operation (waiver requested) Article 7 Standards Appendix A-7 Access and Roadways B-7 Use of Land Subject to Natural Hazards C-7 Wildlife Habitat Areas - CPW Correspondence and BMPs/Mitigation D-7 Protection of Waterbodies Report E-7 Drainage and Erosion Report F-7 Wildland Fire Hazard Susceptibility Index Map Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC November 2020 Table of Contents cont. G-7 Natural and Geologic Hazards H-7 Buffering/2-D Viewshed Analysis Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC November 2020 4-101.A Pre -Application meeting with Garfield County Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2171-332-00-019 DATE: September 17, 2020 PROJECT: Starkey Gulch Waste Management Facility — Drill Cutting OWNER: Terra Energy Partners Rocky Mountain LLC (TEP) REPRESENTATIVE: Jeff Kirtland — Terra Energy PRACTICAL LOCATION: Sections 29 & 32, Township 6 South Range 96 West — Approximately 4.7 miles north of Parachute, CO 81747 ZONING: Resource Lands — Gentle Slopes & Lower Valley Floor (RL- GS) TYPE OF APPLICATION: Administrative Review - Processing I. GENERAL PROJECT DESCRIPTION The Applicant is proposing to operate a non-commercial centralized location for the storage, treatment, and final reclamation (disposal) of drill cutting at the Starkey Gulch site. The facility will manage only drill cutting from local TEP well pad in the near vicinity. Only drill cutting — solids will be managed stored and treated. The site was previously permitted by COGCC by the previous operator WPX. The site is 7.28 acres in size and part of a larger ownership tract of approximately 1,232 acres. Current plans are to manage 21,000 cubic yards of material. Down gradient monitoring wells are proposed, and all materials are to be treated to meet COGCC 910-1 clean-up standards prior to disposal/reclamation. A total of 8 well pads and 46 wells will be served by the site. The haul route to the site for transport of the drill cuttings will be entirely on private roads with no County Roads involved. The facility will eliminate/avoid traffic impacts associated with transport of the drill cutting to other disposal sites. General access to the site is off of County Road 215. The Applicant proposes to comply with COGCC Rules including Rule 907, Management of E&P Waste and related provision in Rule 908 and 910-1. 1 Page The Administrative Review for Processing is being required consistent with the Garfield County Land Use and Development Code and Oil & Gas Navigation Guide. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Garfield County Land Use and Development Code, as amended (LUDC) - Sections: 4-101 Common Review Procedures 4-103 Administrative Review 4-118 Waiver of Standards Table 4-201 Application Materials 4-202 Waiver of Submittal Requirements 4-203 Description of Application Materials Article 7 — Standards, Divisions 1, 2, 3 7-1001— Standards for Industrial Uses III. REVIEW PROCESS The process to accommodate these requests shall require Administrative review for a Land Use Change Permit pursuant to the LUDC. A. Pre -application Conference. B. Application Submittal. C. Determination of Completeness. D. Schedule Director Decision date and provide documentation regarding notice requirements. E. Additional copies of application requested and sent to referral agencies. F. Evaluation by Staff resulting in a Staff Report. G. Director decision issued based upon review of application and staff report. H. Notice provided to the BOCC for review of decision during the 10 -day call-up period. I. If no call-up requested within the 10 -day period the decision will be final. J. Issuance of Land Use Change Permit upon compliance with any required conditions. IV. PUBLIC HEARINGS AND NOTICE a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: X Director Decision with notice Planning Commission Board of County Commissioners Board of Adjustment c. Referral Agencies: May include Garfield County Road and Bridge, Fire Protection District, Garfield County Consulting Engineer, Division of Water Resources, Garfield County Vegetation Management, COGCC, County Oil & Gas Liaison. 2IPage V. SUBMITTAL REQUIREMENTS 4-203.B General Application Materials a. Application form; b. Agreement to pay; c. Proof of Ownership - Deed; d. Statements of Authority authorizing a person to act on behalf of the entity; e. Names and mailing addresses of mineral owners of subject site with a statement indicating how the mineral ownership was researched; f. Names and mailing addresses of owners of property within 200 feet of subject site (parcel); g. Assessor map indicating the above properties; h. Narrative of project 4-203.0 Vicinity Map 4-203.D Site Plan - may be contained on multiple pages 4-203.E Grading and Drainage Plan 4-203.F Impact Analysis - response shall refer to supporting studies 4-203. J Development Agreement - Waived 4-203.K Improvements Agreement - Waived 4-203.L Traffic Study — Waiver may be requested from a full study 4-203.M Water Supply and Distribution Plan — Waivers may be requested 4-203.N Wastewater Management Plan 7-107 Access and Roadway Standards - Waiver may be requested Other responses to all Article 7, Divisions 1, 2, and 3 and 1001— response shall refer to supporting studies. Pursuant to Section 4-202 of the LUDC the Applicant may request a waiver from some of these submittal requirements. VI. APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements: Planning Review Fees: $ 250.00 - Plus Staff time charged at hourly rate of $40.50 Reviewing Engineer: $ Hourly Rate Recordation: $ (N/A) Total Deposit: $ 250.00 VII. GENERAL APPLICATION PROCESSING The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The 3IPage summary is valid for a six month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically) for review by the public. Proprietary information can be redacted from documents prior to submittal. Pre -application Summary Prepared by: /7/z___27 -k -I - 9/17/20 Glenn Hartmann, Principal Planner Date 4IPage Policy 01-14 Waivers for Roads and Demonstration of Compliance March 3, 2014 Section 7-107, Access and Roadways, of the Garfield County Land Use and Development Code (LUDC) requires all roads to be designed to provide for "adequate and safe access" and reviewed by the designated County Engineer. The LUDC defines "road" as "a County road, State highway, public road, street or alley, or private thoroughfare which affords primary access to abutting property, excluding a driveway accessing a single property." The LUDC defines "private road" as "a right-of-way constructed, established, owned, and maintained by a private party for access exclusively to private property." Many of the roads in Garfield County are private roads in that they are gated and do not serve the general public and they pre-existed the design currently required by the County's Road Standards as defined in Table 7-107. The LDDC allows for the waiver of specific standards provided that the following criteria have been met: 1) an alternative design achieves the intent of the subject standard to the same or better degree and 2) the proposed alternative will impose no greater impacts on adjacent properties than would occur through compliance with the specific standard (Section 4-118). In applications that include roads that do not meet current County road standards as outlined in Table 7-107, the County has asked that Applicants request a waiver of Section 7-107.F, Design Standards, and include in the Application submittal sufficient information, prepared by a professional qualified in the specific discipline, to demonstrate that they meet the criteria outlined in Section 4-118 for granting a waiver. In doing so, the application must include: A Statement of Adequacy - The evaluation of the existing roadway and waiver will need to include a clear statement that finds that the road will be adequate for the proposed use. This statement must be signed by a professional engineer qualified in traffic engineering and licensed by the State of Colorado. To support this evaluation, the following information will be required to be provided: o Geometry of the road — A description of how the private road does/does not meet the design standards in Table 7-107. This should include a chart that compares the private road design to those standards in Table 7-107, as well as a map that shows the existing road design and highlights those areas that deviate from the standards. A narrative may also be helpful in describing the characteristics of the road as they compare to Table 7-107 design standards. Unless available, this is not intended to imply construction - level drawings. o Safety/Structural Issues — A description of obvious safety and/or structural issues observed and a statement about how these issues will be addressed. o Maintenance — A description of how the road is and/or will be maintained. This should be supported with the submittal of any existing or proposed maintenance agreements for the road sections. o Travel Demand — An accurate count of the existing peak travel demand as well as the Average Daily Traffic on the road. This should also include the types of vehicles that currently use the road as well as the additional amount and type of traffic that the proposed use will generate through all phases of its development. Other Evidence of Compliance. In addition, Sections 7-107.A, B, C, D, and E are required to be addressed, which includes documentation about legal access. Sufficient evidence will be required to be submitted to demonstrate compliance with these sections of the Code. 5IPage Ap hi:Rama trill. 2 mons is pi subrrrittaI IS rDUI piety Administrative Review Process {Section 4-1031 6IPage 51ep l: Pre-arpll tiara t;nntemove mrkUy.b*walved bhrfar*ecvor * Applicant has 6 months to sudrnit application Step 2: Applicatron Snhrn t`al Step 3: Completeness ness Review •19 business days to review • IF Fncomplere, 60 days to remedy deficiencies Step 1: ScIrkeelyFeDecFsforpote grid Provide Notice • Nailed to adla elit property ownriswith in 79Qf,ertarid mini, alumiffs at least 15 days prior Fa decision date Step 5: Referral m21 day cvrnment period Step Fr' fy7lutfon by Director Step T;Difettor'sL'rrisiori ■ CslEup Peruad - within 10 days of Direc ted's De isiorti ■ A pplltant has 1 year to moot any contlittons oFapprovat TEP Rocky Mountain LLC November 2020 4-118 Waiver of Standards TEP Rocky Mountain LLC (TEP) is requesting waivers from the following Article 7 Standards under Administrative Review according to Table 4-102. 1. Source of Water (7-104) 2. Central Water Distribution and Wastewater Systems (7-105) 3. Public Utilities (7-106) 4. Fire Protection (7-109) 5. Off -Street Parking and Loading Standards (7-302) 6. Landscaping Standards (7-303) 7. Lighting Standards (7-304) 8. Trail and Walkway Standards (7-306) 9. Hours of Operation (7-1001.H.) The specific waiver requests will be addressed in Article 7 Standards section of this permit application. Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC November 2020 4-202 Waiver of Submittal Requirements TEP Rocky Mountain LLC is requesting waivers for the following submission requirements: 1. 4-203.F. Landscaping Plan 2. 4-203.J. Development Agreement 3. 4-203.K. Improvement Agreement The specific waiver requests will be addressed in each of the referenced sections of this permit application. Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC November 2020 Table 4-201 Application Materials Section 4-103 Administrative Review Included in Application Waiver Requested General Application Materials ✓ Vicinity Map ✓ Site Plan ✓ Grading and Drainage ✓ Landscape Plan ✓ Impact Analysis ✓ Development Agreement ✓ Improvement Agreement ✓ Traffic Study ✓ Water Supply/Distribution Plan ✓ Floodplain Analysis ✓ Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC November 2020 4-203.A. Professional Qualifications The following qualified professionals prepared, and certified certain documents required by the Garfield County Land Use and Development Code on behalf of TEP Rocky Mountain LLC: 1. Dave Fox, Fox Engineering Solutions, Inc., Colorado Licensed Professional Engineer #25420 2. Michael Langhorne, Bookcliff Survey Services, Inc., Professional Land Surveyor #36572 3. Leah Weckworth, WestWater Engineering, Inc., Environmental Scientist/Project Manager Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC November 2020 4-203.B. General Application Materials Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC November 2020 4-203.6.1. Application Form Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com LAND USE CHANGE PERMIT APPLICATION FORM ` YPE OF APPLICATION ✓ Administrative Review ❑ Development in 100 -Year Floodplain ❑Limited Impact Review 0 Development in 100 -Year Floodplain Variance ❑Major Impact Review 0 Code Text Amendment nAmendments to an Approved LUCP 0 Rezoning LIR MIR SUP Zone District ❑PUD ❑PUD Amendment Minor Temporary Housing Facility ❑Administrative Interpretation ❑Vacation of a County Road/Public ROW ❑Appeal of Administrative Interpretation Location and Extent Review ❑Areas and Activities of State Interest ❑Comprehensive Plan Amendment ❑Accommodation Pursuant to Fair Housing Act Pipeline Development ❑Variance Time Extension (also check type of original application) INVOLVED PARTIES Owner/Applicant Name: TEP Rocky Mountain LLC Phone: ( ) Mailing Address: 1058 County Road 215 City: Parachute State: CO Zip Code: 81635 E-mail: Representative (Authorization Required) Name: Jeffrey D. Kirtland Phone: ( 970 ) 263-2736 Mailing Address: 3050 Post Oak Blvd, Suite 1500 City: HoustonState: TX Zip Code: 77056 E.maiijkirtland@terraep.com IROJECT NAME AND LOCATION Project Name: Starkey Gulch Waste Management Facility — Drill Cutting Assessor's Parcel Number: 2 1 7 1 3 3 2 0 0. 0 1 9 Physical/Street Address: Legal Description: Section: 33 Township: 6 Range: 96 A TR IN SEC 4 7-96 SECS 27, 28, 29, 32, 33, 34 Zone District: Resource Lands Property Size (acres): 1234 +/- • PROJECT DESCRIPTION Existing Use: Reclaimed oil and gas location Proposed Use (From Use Table 3-403): Processing Description of Project: TEP proposes to construct drill cuttings disposal and processing location. For Appeal of Administrative Interpretation please include: 1. The Decision you are appealing. 2. The date the Decision was sent as specified in the notice (date mailed). 3. The nature of the decision and the specified ground for appeal. Please cite specific code sections and/or relevant documentation to support your request. 4. The appropriate appeal fee of $250.00. 5. Please note a completed Appeal Application and fees must be received within 30 calendar days of the date of the final written Administrative Interpretation. LREQUEST FOR WAIVERS Submission Requirements 8 The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: 4-203.F - Landscape Plan Section: 4-203.K - Improvements Agreement Section: 4-203.J - Development Agreement Section: 4-203.M. - Water Supply and Distribution Plan Waiver of Standards 8 The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: 7-104 - Source of Water Section: 7-106 - Public Utilities Section: 7-105 - Central Water Distribution, et. al. Section: See list below I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. Jeffrey D Kirtland Digitally signed by Jeffrey 0 Kirtland Date: 2020.11.09 11:16:03 -06'00' 11/9/2020 Signature of Property Owner or Authorized Representative, Title Date OFFICIAL USE ONLY File Number: _ _ _ _ - _ _ _ _ Fee Paid: $ Waiver of Standards Cont: 7-109 — Fire Protection 7-302 — Off -Street Parking and Loading Standards 7-303 — Landscaping Standards 7-304 — Lighting Standards 7-306 — Trail and Walkway Standards 7-1001.H. — Hours of Operation TEP Rocky Mountain LLC November 2020 Legal Description for Parcel 2171-332-00-019 Township 6 South, Range 96 West, 6th P.M. Section 27: Lot 13 (SW%SW%) Section 28: Lot 8 (NW%SE%), NE%SW%, Lot 9 (NW%SW%), Lot 10 (SW%SW%), Lot 11 (SE%SW%), Lot 12 (SW%SE%), Lot 13 (SE%SE%) Section 29: Lot 11 (SE%SW%), S%SE% Section 32: NE%, E%NW%, Lot 5 (NE%SE%) Section 33: Lot 1 (NE%NE%), Lot 2 (NW%NE%), Lot 3 (NE%NW%), W%2NW1/4, SE%NW%, SW%NE%, NY2SW1/4, SE% Section 34: Lot 2 (NW%NW%), Lot 10 (NW%SW%), Lot 11 (SW%SW%) Garfield County, Colorado Township 7 South, Range 96 West, 6th P.M. Section 4: Lot 1 (NE%NE%) Garfield County, Colorado 1234 +/- acres Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC November 2020 4-203.B.1.a. Authorized Representative 4-203.B.1.b. Applicant is not the sole owner 4-203.B.1.c. Applicant is an entity/SUA Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review TER ENERGY PARTNERS October 28, 2020 Garfield County Community Development Attn: Glenn Hai ltnann 108 8th Street, 4th Floor Glenwood Springs, CO 81601 RE: Statement of Authority Starkey Gulch Waste Management Facility NEY4NE1/4, Section 32, Township 6 South, Range 96 West, 6th P.M. Garfield County, Colorado Dear Mr. Hartmann: This letter authorizes Jeffrey D. Kirtland to represent TEP Rocky Mountain LLC ("TEP") in the submittal and processing of the required Garfield County Land Use Change Permit for the Starkey Gulch Waste Management Facility. In addition to this letter, please refer to the attached Power of Attorney authorizing Mr. Kirtland as Attorney -in -Fact to execute all permitting matters for TEP. Sincerely, Tiffany C. Pollock, CPL Vice President of Land TEP Rocky Mountain LLC Terra Energy Partners LLC 3050 Post Oak Blvd, Suite 1500 Houston, TX 77056 II11 rifl; tmuiv.Nmicule 'liuto'`1411111 Reception#: 879862 07/18/2016 02:10:46 PM Jean Rlberico 1 of 2 Rec Fee:$16.00 Doc Fee:0.00 GARFIELD COUNTY CO POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: COPY THAT TEP ROCKY MOUNTAIN LLC, a Delaware Iimited liability company, hereby nominates, constitutes, and appoints Jeffrey D. Kirtland, as its true and lawful Attorney -in -Fact to execute and deliver in the name and on behalf of TEP ROCKY MOUNTAIN LLC ("Principal") any of the following designated instruments or documents in connection with the Principal's operations in exploring for and producing oil, gas, or other minerals from lands, or interests in Iands, owned, held, or claimed by the United States, any state or political subdivision thereof, any person, corporation, partnership or other legal entity: A. (1) Applications for permits or leases; (2) consents, stipulations, or agreements in connection with the issuance of permits or leases; (3) acceptances of leases, subleases, or permits; (4) acceptances of all instruments transferring leases, offers to lease, permits, applications for permits, or subleases, or an interest in any of these (including assignments of working or royalty interests) to Principal. B. Applications for extensions or renewals of leases and permits. C. (1) Prospecting, seismic, or exploration permits; (2) instruments in connection with the acquisition or maintenance of prospecting, seismic, or exploration permits. D. Instruments withdrawing applications for leases or permits. E. (I) Requests for rights-of-way and surface use permits; (2) acceptance of grants of rights-of-way and surface use permits, including any stipulation or condition in the grants; (3) any statements that may be required in connection with applications for rights-of-way and surface use permits. F. Requests for extension of time in which to drill wells. Principal agrees to be bound by all representations the Attorney -in -Fact may make in any instrument or document he or she is authorized to execute and deliver under this Power of Attorney. Principal hereby waives any defenses available to it to contest, negate, or disaffirm the actions of its Attorney -in -Fact under this Power of Attorney. This Power of Attorney is effective July 1, 2016, and shall continue in full force and effect until revoked in writing, and has the same force and effect as if the Principal granted separate special authority to the named Attorney -in -Fact to execute and deliver each such instrument or document separately for each and every such instrument or document so executed and delivered. EXECUTED by Principal on this 13th day of July, 2016. Terra Energy Partners LLC as sole member of TEP Rocky Mountain LLC AGREED TO AND ACCEPTED BY: BY: ' Michael S. Land e ey D. Kirtland ITS: President and CEO Attorney -in -Fact 2 ACKNOWLEDGEMENT State of Texas County of Harris This instrument was acknowledged before me on /3 , 2016 by Michael S. Land, known to me to be the President and CEO of Terra Energy Partne LLC, a Delaware corporation, on behalf of the corporation. (Notary Seal) TIFFANY CEBELL POLLOCK ' 1-= Notary Public, Slate of Texas My Commission Expires April 26, 2019 TEP Rocky Mountain LLC November 2020 4-203.6.2. Ownership/Deed Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review 1111111111111111111111111111111111111111111111111111111 591318 11/05/2001 02:59P B1300 P392 M ALSDORF 1 of 18 R 90.00 D 153.60 GARFIELD COUNTY CO AFTER RECORDING, RETURN TO: Janet N. Harris, Esq. Davis Graham & Stubbs LLP 1550 17th Street, Suite 500 Denver, CO 80202 SPECIAL WARRANTY DEED GRANTOR, UNION OIL COMPANY OF CALIFORNIA, a corporation duly organized and existing under and by virtue of the laws of the State of California, whose legal address is 376 S. Valencia Avenue, Brea, California 92823, for the consideration of Ten and 00/100th Dollars ($10.00), in hand paid, hereby sells and conveys to WILLIAMS PRODUCTION RMT COMPANY, a corporation duly organized and existing under and by virtue of the laws of the State of Delaware, Grantee, whose legal address is 1515 Arapahoe Street, Tower 3, Suite 1000, Denver, Colorado 80202, all the real property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado, to wit: SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE with all its appurtenances, and warrants the title to the same against all persons claiming under Grantor, subject to taxes for the current year, a lien not yet due or payable, and subject to all matters listed on attached Exhibit B. The preceding warranty is intended by Grantor to be made to Grantee only and is not intended to benefit any future owner or encumbrancer of the property and shall not run with the land. IN WITNESS WHEREOF, the Grantor has caused its corporate name to be hereunto subscribed by its attorney-in-fact, and its corporate seal to be hereunto affixed, on this 29th day of October, 2001, to be effective as of October 31, 2001. UNION OIL COMPANY OF CALIFORNIA, a California corporation By: Edward A. Wong, At ey-in-Fact [Unocal — attach appropriate Acknowledgment] 1 111111111111111111 1111 111111111111111111111111111111111 591318 11/05/2001 02:59P B1300 P393 M ALSDORF 2 of 18 R 90.00 D 153.60 GARFIELD COUNTY CO • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of 7,47 G.0 On 10ee ra er- a 9 c2C c � Date personally appeared before me,9N.D,g f �i4/r?Pi(5rzL /0.--.9/ei ,( Name and Title of Officer {e.g., "Jane Doe, �cnary Public") 4, 1_),176--- e ,R --personally known to me – OR – ❑ proved to "-" '• SANDRAE. CAMPBELL Q �,��,�;-__• COMM. #1188922 71 NOTARY PUBUC • CALIFORNIA = c : a • r ORANGE COUNTY tNtf Comm. Expires .tl,y 31.2002 Name(s) of Signer(s) me on the basis of satisfactory evidence to be the person( whose names) is/are subscribed to the within instrument and acknowledged to me that he/sire/they executed the same in his/her/their authorized capacity(4es), and that by his/bar/their signature(s)'on the instrument the person(.e) or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Doc ment Title or Type of Document: C.dce-Z Document Date: A) 3/ Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ED ic-)/ / -D 4. it.) Al 6 -- ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General • Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 12,2/W/ / l0/,t)fud'J 0/' di 4 r,1 /a - RIGHT THUMBPRINT OF SIGNER Top of thumb here Number of Pages: /9 Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here f//./J^f11�./..I�1JJf.IfJ"J1/,Cf1'�11�.IJ,.C1�"�"./1J!J"J�!fl/./"..r1J11^./.r..�"././1l�flf!�..•'rl�l�.f� 1 © 1994 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Tot -Free 1-800-876-6827 1111111111111111111111111111111111111111111111111111111 991318 11/05/2001 02:59P B1300 P394 !1 ALSDORF 3 of 18 R 90.00 D 133.60 GARFIELD COUNTY CO EXHIBIT A Legal Description Parcel Number 7684 Book: 320 Page: 50 Date: August 31, 1959 Grantor: United States of America Grantee: Union Oil Company of California Lots 11 and 12 in Section 29, Lot 1 in Section 32, Lots 4, 7 and 8 in Section 33, T. 6 S., R. 96 W., of the 6th P.M., Garfield County Colorado. Parcel Number 7674 Book: 296 Page: 39 Date: October 20, 1956 Grantor: Mary B. Bailey Grantee: Union Oil Company of California All of the SE 1/4 SE 1/4 of Section 29, all of the N 1/2 NE 1/4, the SW 1/4 NE 1/4 and the SE % NW '/ of Section 32, and that portion of the W 1/2 SW '/ of Section 28 and of the N 1/2 NW 1/ of Section 33, described as follows, to -wit: Beginning at a point which is the Section corner common Sections 28, 29, 32 and 33; thence N. 0°30'W., 1690 feet to Corner No. 1; thence N. 86°42'E., 339 feet to corner No. 2; the Course and distance corner No. 1 and corner No. 2 being the center line of Parachute Creek; thence S. 12°56'W., 788 feet to corner No. 3; thence S. 40°59'E., 660 feet to corner No. 4; thence S. 4°06'E., 755 feet to Corner No. 5; thence S. 69°29'E., 423 feet to Corner No. 6; thence S. 37°11'E., 797 feet to Corner No. 7; thence S. 42°28'E., 342 feet to corner No. 8; thence 5.89°18'W., 1703 feet to corner No. 9; thence N.1 °50' W., 1367 feet to the point of beginning. All in T. 6 S., R. 96 W. of the 6'h P.M. Also, that land conveyed to grantor herein, by deed recorded as Document No. 134699 in book 192 at page 367 of the Garfield County Records. Parcel Number 7685 Book: 336 Page: 581 Date: September 27, 1961 Grantor: United States of America Grantee: Union Oil Company of California Lots 4 and 5, Section 32, T. 6 S., R. 96 W. of the 611 P.M., Garfield County Colorado. A-1 1 111111 11111 111111 1111 111111 111111 11111 iiinisiiliiiii 591318 11/05/2001 02:59P 81300 P395 M ALSDORF 4 of 18 R 90.00 D 153.60 GARFIELD COUNTY CO Parcel Number 7672 A&B Book:326 Page:220-222 Date: June 2, 1960 Grantor: L.L. Tuck Grantee: Union Oil Company of California The following lands in Section 33, T 6 S, R 96 W, of the 6th P.M., Garfield County, Colorado: The SE 1/4 NW 1/4, the SW 1/4 NE 1/4 and the SE 1/4 (Lots 6,11, 12 and NW 1/4 SE 1/4 ). The following lands in Section 4, T 7 S, R 96 W, of the 6th P.M., Garfield County, Colorado: Lot 1 (NE 1/4 NE 1/4 ). Parcel Number 7670 A Book:326 Page:220-222 Date: June 2, 1960 Grantor: L.L. Tuck Grantee: Union Oil Company of California The following lands in Section 34, T 6 S, R 96 W, of the 6th P.M., Garfield County, Colorado: Lot 10(NW1/4SW1/4)and Lot ll(SW1/4SW1/4) Except that part of Lot 10 (NW 1/4 SW 1/4 ) of Section 34, Township 6 South, Range 96 W. of the 6`h P.M. lying North and West of a line described as beginning at a point, Comer No. 1, on the Westerly right of way line of the County Road, whence the west 1/4 corner of said Section 34, bears N.83°42' W., 1316 feet; thence N. 88°01'W., 363.5 feet to Corner No. 2; thence S. 1°58'W., 634.1 feet to Corner No. 3; thence N. 88°04'W. 714.7 feet to Corner No. 4; thence S. 1°56'W., 559.7 feet to Corner No. 5; thence N. 88°04'W.,167 feet more or less to Comer No.6, a point on the West line of said Section 34. Parcel Number 7667 Book:326 Page:220-222 Date: June 2, 1960 Grantor: L.L. Tuck Grantee: Union Oil Company of California Parcel 7667 is more particularly described in Book 297, Page 568 as follows: All the following described lots or parcels of land, to -wit: Beginning at a point in the North and South centerline of Section 33, T. 6 S., R. 96 W. of the 6th P.M. Garfield County, Colorado, which point bears A-2 1111111 111111111111111111111111111111111111111111111111 591318 11/05/2001 02:59P B1300 P396 M ALSDORF 5 of 18 R 90.00 D 153.60 GARFIELD COUNTY CO S. 1°22'E., 250 feet from the N 1/4 comer of said Section 33; thence S. 1°22'E., 50 feet along said centerline of Sec. 33; thence south easterly to a point in the east boundary line of the NW '/ NE '/4, or Lot 2, of said Section 33, which point bears S. 1°05'E., 472 feet from the NE corner of said Lot 2; thence N. 1°05'W., 472 feet to the NE corner of said Lot 2; thence N 0°55'W., 442' along the E. boundary of the SW '/ SE '/, or Lot 12, of Section 28, T. 6 S., R. 96 W. of the 6' P.M.; thence N. 49°18'W., 74 feet; thence S. 60°02'W., 1460 feet to the place of beginning, containing 17.38 acres, more or less. Together with a tract of land situated in the SE '/ SW '/, SW '/ SE 1/4, Section 28, and the NW 1/4 NE '/, Section 33, all in T. 6 S., R. 96 W. of the 6th P.M., Garfield County, Colorado, and more fully described as follows: Beginning at the S '/ comer of said Section 28; thence S.1°22'E., 250 feet; thence N. 60°02'E., 1460 feet; thence N. 49°18'W., 255 feet; thence N. 50°41'W., 89.12 feet; thence S.56°31'W., 1274.86 feet to the South line of said Section 28; thence N. 88°39'E., 55.1 feet to the point of beginning, containing 8.72 acres, more or less. EXCEPT those portions thereof lying within Garfield County Road No. 215. Parcel Number 7676 Book:326 Page:220-222 Date: June 2, 1960 Grantor: L.L. Tuck Grantee: Union Oil Company of California Parcels 7676 more particularly described in Book 297, Page 458-459 as follows: A tract of land described as beginning at a point in the South line of Section 28, T.6.S., R.96.W. of the 6th P.M., which point bears S. 88°39'W., 1676.6 feet from the South'/ corner of said Section 28; thence N. 1°10'W., 1318 feet to a point in the North line of the SW 1/4 SW 1/4, or Lot 10 of said Section 28; thence N. 89°50'E. along said North line of said Lot 10, to the centerline of Parachute Creek, thence Southeasterly down the centerline of said Parachute Creek to its intersection with the South line of said Section 28, thence S. 88°39'W. along the South line of said Section 28, to the place of beginning. Beginning at a point in the North line of a SW'/ SE '/4 or Lot 12 of Section 28, T.6 S., R.96.W. of the 6th P.M., which point bears S. 89°50'W., 535 feet from the NE corner of said Lot 12; thence S. 89°50'W., 416 feet along the North line of said Lot 12; thence S. 45 °44'E., 116.8 feet; thence S. 20°02'W., 302.5 feet; thence S. 34°15'W., 59 feet; thence N. 82°26'E., 272 feet; thence N. 29°25'E., 116 feet; thence N. 27°04'E., 313 feet to the place of beginning, except right of way for County road as now located containing 2.59 acres, more or less. Also beginning at a point in the South line of said Section 28 which point bears S. 88°39'W., 224 feet from the South quarter corner of said Section 28; thence N.41°43'E., 492.7 feet; thence N. 1°07'E., 384 feet; thence S. 57°27'W., 1167 feet; thence S. 18°08'W., 147.5 feet to a point in the South line of said Section 28; thence N. 88°39'E., 695.6 feet along the South line of said Section 28 to the place of beginning, containing 8.59 acres, more or less. A-3 111111111111111111111111111111111111111111111111111111 591318 11/05/2001 02:59P 61300 P397 M ALSDORF 6 of 18 R 90.00 D 153.60 GARFIELD COUNTY CO A tract of land situated in the SE '/4 SW '/4 and SW '/ SE '/4 Section 28, T.6.S, R.96.W. of the 6th P.M., and more fully described as follows: Beginning at a point whence the S '/ corner of said Section 28 bears N. 88°39'E., 55.1 feet; thence N. 56°31'E., 1274.86 feet; thence N. 50°41'W., 481.88 feet; thence S 29°25'W., 116.0 feet; thence S.82°26' W., 272.0 feet; thence S.57°59' W., 233.0 feet; thence S. 1°07'W., 384.0 feet; thence S. 41°43'W., 492.7 feet to the South line of said Section 28; thence N 88°39'E., 168.9 feet to the point of beginning containing 10.47 acres more or less. EXCEPT those portions thereof lying within Garfield County Road No. 215. All the above-described land is situate in the County of Garfield, State of Colorado. Parcel Number 7677 Book:326 Page:220-222 Date: June 2, 1960 Grantor: L.L. Tuck Grantee: Union Oil Company of California Parcels 7677 are more particularly described in Book 296, Page 473-474 as follows: All of lot 8, Sec. 28, T.6.S., R.96.W. of the 6'' P.M., containing 40.28 acres; Also beginning at a point in the North line of the SW '/ SE 1/4, or Lot 12, of Sec. 28, T.6.S., R.96.W. of the 6th P.M., which point bears S 89°50'W., 951 feet from the NE corner of said Lot 12, thence S 89°50'W., 1148 feet along the N. line of said Lot 12 produced, thence S 18°32'E., 962 feet, thence N 57°27'E., 702 feet, thence N 57°59'E., 233 feet, thence N 34°15E., 59 feet, thence N 20°02'E., 302.5 feet, thence N 45°44'W., 116.8 feet to the place of beginning, excepting a right-of-way for the County road as now located and containing 15.97 acres, more of less. Also beginning at the NE corner of said SW % SE'/, or Lot 12, thence S 0°55'E., 857 feet along the East line of said Lot 12, thence N 49°18'W., 329 feet; thence N 50°41'W., 571 feet, thence N 27°04'E., 313 feet to a point in the North line of said Lot 12, thence N 89°50'E., 535 feet along the North line of said Lot 12 to the place of beginning, excepting right-of-way for the County road as now located, and containing 8.41 acres, more or less. Also that part of the NE % SW '/ of Section 28, described as follows: Beginning at the SE corner of said NE '/4 SW '/4, thence N, 214 feet, thence N 47° W., 463 feet, thence S 50° W., 798 feet; thence E, 965 feet to the place of beginning, containing 6.45 acres, more or less. Also that part of the S 1/2 SW 1/4 of said Section 28 described as follows: Beginning at a point which is 453 feet East of the NE corner of the SW 1/4 SW '/ of said Section 28, thence W. 675 feet to Parachute Creek, thence in a southeasterly direction along said Parachute Creek 200 feet to a fence now constructed and in place, thence in a Northeasterly direction along said fence 621 feet to the point of beginning, containing 1 acre, more or less. A-4 1111111111111111111111111111111111111111111111111111111 391318 11/05/2001 02:59P B1300 P398 M ALSDORF 7 of 18 R 90.00 D 153.60 GARFIELD COUNTY CO Also beginning at a point where the East and West centerline of the S '/2 of said Section 28 intersects the Westerly line of the County Road as now constructed and in place, thence West along said centerline to a point on the west bank of the Low Cost Ditch, as now constructed and in place, thence Southerly along said West bank to a point where said bank intersects the Northerly line of what is known as the Wheeler road as now constructed and in place, thence along said Northerly line to a point where it intersects the said Westerly line of the County road, thence along said Westerly line of the County road to a point of beginning, containing approximately 1 1/2 acres and being in the SW '/4 SE '/4 and the SE '4 SW '4 of said Section 28; EXCEPT those portions thereof lying within Garfield County Road No. 215. All the above-described land is situate in the County of Garfield, State of Colorado. Parcel Number 7666 Book: 326 Page: 220-222 Date: June 2, 1960 Grantor: L.L. Tuck Grantee: Union Oil Company of California Parcel 7666 is more particularly described in Book 295, Page 41 as follows: Lot 13 of Section 27, Lot 13 of Section 28 and Lot 2 of Section 34, all in T.6.S., R.96.W of the 6th P.M., Garfield County, Colorado. Also, a certain tract of land containing 6.266 acres, more or less, described as follows, to -wit: Beginning at a point, Corner No.1, whence the 1/4 corner common to Sections 33 and 34, Township 6 South, Range 96 W. of the 6th P.M., bears S 23°18' E, 2376.5 feet; thence N 26°08' E, 554.4 feet to Corner No.2; thence N 88°36' W, 695.6 feet to Corner No.3; thence S 4° E, 468.7 feet to Corner No.4; thence S 83°44' E, 425.1 feet to Corner No.1, the point of beginning. EXCEPT those portions thereof lying within Garfield County Road No. 215. Parcel Numbers 7694 B Book: 414 Page: 62-78 Date: October 15,1970 Grantor: ARCO,CLIFFS,SOHIO & TOSCO Grantee: Union Oil Company of California Parcels 7694B are more particularly described in Book 411, Page 576, A-5 1 111111 11111 111111 1111 111111 111111 11111 111 11111 1111 1111 591316 11/05/2001 02:59P B1300 P399 M ALSDORF 6 of 16 R 90.00 D 153.60 GARFIELD COUNTY CO Parcel A: The East 10 acres of the NE 1/4 NE 1/4 of Section 33, T.6.S., R.96.W. of the 6th P.M., Garfield County, Colorado. EXCEPT those portions thereof lying within Garfield County Road No. 215. Parcel B: That part of the NE 1/4 NE 1/4 of Section 33, T.6.S., R.96.W. of the 6th P.M., Garfield County, Colorado, described as follows: Beginning at a point whence the 1/4 corner common to Sections 33 and 34, said Township 6, bears South 23°18' East 2376.5 feet, said point being the SE corner of the Sandstrom land; thence North 26°08' East along the Sandstrom easterly line, 554.4 feet to the North line of said NE 1/4 NE 1/4; thence East to the NW corner of the East 10 acres of said NE 1/4 NE 1/4; thence South along the West line of said East 10 acres to Benton Lane, being a point 20 feet North of the South line of said NE 1/4 NE 1/4; thence West along the North line of said Benton Lane, 682 feet; thence North 845 feet to the Southerly line of the Sandstrom land; thence South 83°44' East along the Sandstrom southerly line, to the point of beginning. EXCEPT those portions thereof lying within Garfield County Road No. 215. Parcel C: Beginning at a point in the South line of Section 28, T. 6. S., R.96.W. of the 6rh P.M., Garfield County, Colorado, which point bears S 88°39' W., 919.6 feet from the South 1/4 corner of said Section 28; thence N.18°08'E., 147.5 feet; thence N 57°27'E., 465 feet; thence N 18°32'W., 962 feet to a point in the North line of the SE 1/4 SW '/4 or Lot 11, of said Section 28; thence S 89°50'W. along the North line of said Lot 11 produced, to the centerline of Parachute Creek; thence Southeasterly down the centerline of said Parachute Creek to the South line of said Section 28; thence N 88°39'E. along the South line of said Section 28 to the place of beginning. Parcel Number 7698 Book: 582 Page: 352 Date: September 11, 1981 Grantor: Evelyn G. McKay Grantee: Union Oil Company of California A parcel of land situate in the SW 1/4 SW 1/4 of Section 1, T. 7 S., R. 96 W. of the 6th P.M., more particularly described as follows: Beginning at the NE Corner of the SW 1/ SW 1/4 of said Section 1; thence along the East line of said SW 1/4 SW 1/4, S06°26'13"W. 77.0 feet with all bearings contained herein being Colorado Grid Bearings (Central Zone). True Bearings are obtained by rotating bearings herein counter -clockwise 01°37'28"; thence S 41°25'02"W. 411.02 feet to the intersecting point with the southwesterly right-of-way of a railroad alignment; thence along said southwesterly right-of-way A-6 1 11111 111111 1111 111111 111111 1111111111 111111 591318 11/05/2001 02:59P B1300 P400 M ALSDORF 9 of 18 R 90.00 D 153.60 GARFIELD COUNTY CO N51°43'07"W. 63.24 feet to a point alongside a fence bearing northeasterly and southwesterly; thence alongside and a projection of said fence N39°37'28"E. 311.11 feet to a point alongside a fence bearing northerly and southerly; thence alongside said fence N00°28'22"E. 108.35 feet to a point on the North line of said SW % SW 1/4 ; thence S88°56'44"E. 130.9 feet to the point of beginning. Parcel Number 7628 Book: 138 Page: 360 Date: March 19, 1923 Grantor: Frank A. Hardy & Ruth W. Hardy Grantee: Union Oil Company of California All of the following described lot or parcel of land situate, lying and being in the County of Garfield and State of Colorado, to -wit: The 5 V2 of the NW 1/4, the NW 1/4 of the SW 1/4 and Lot 4 of Section 1, T. 7 S., R. 96W. of the 6th P.M., in said County and State, containing 160.39 acres. Parcel Number 7635.6 Book: 134 Page: 98 Date: December 12, 1921 Grantor: Roderick D. Burnham & Isabel Burnham Grantee: Union Oil Company of California The S 1/2 SE 1/4, the NW 1/4 SE 1/4 and the NE 1/4 SW 1/4 of Section 1, T. 7 S., R. 96 W. of the 6th P.M. Garfield County Colorado, excepting therefrom that part described as follows, to -wit, beginning at a point on the west line of said SE 1/4 which is 458 feet from the southwest comer of said SE 1/4; thence south on said line to said southwest corner; thence east to the southwest corner of the SE 1/4 SE 1/4 of said Section 1; thence 761 feet east along the south line of said SE 1/4 SE 1/4; thence north 361 feet; thence westerly to the point of beginning. Parcel Number 7635.5 Book: 134 Page: 98 Date: December 12, 1921 Grantor: Roderick D. Burnham & Isabel Burnham Grantee: Union Oil Company of California The NE 1/4 SE 1/4, the S V2 NE'/4 and Lot 2, all in Section 1, T. 7 S., R. 96 W. of the 6`h P.M., Garfield County, Colorado, containing 160.22 acres more or less. A-7 i Iola 11111 111111 1111 111111 111111 11111111 111111111 1111 591318 11/05/2001 02:59P B1300 P401 M ALSDORF 10 of 18 R 90.00 D 153.60 GARFIELD COUNTY CO Parcel Number 7698 Book: 578 Page: 699 Date: August 6, 1981 Grantor: ALJO Development, Inc. Grantee: Union Oil Company of California A parcel of land situate in the SW '/4 SW 1/4 of Section 1, T. 7 S., R. 96 W. of the 6th P.M., said parcel of land contains along and within its boundaries 100.00 foot strip of land for railroad right-of-way purposes, said parcel of land is more particularly described as follows: Beginning at the corner common to Sections 1, 2, 11 and 12 of said Township and Range, whence the witness corner (an iron post with brass cap) of bears N.88°21'31 "W., 220.00 feet; thence N.62°19'54"E., 1607.23 feet to the intersecting point with the East line of said SW 1/4 SW 1/4 Section 1 and the Southwesterly right-of-way of a railroad alignment, the True Point of Beginning: with all bearings contained herein being Colorado Grid Bearings (Central Zone). True Bearings are obtained by rotating all bearings herein counter -clockwise 01°37'28"; thence along said southwesterly right-of-way N.51°43'07"W., 340.63 feet; thence leaving said southwesterly right-of-way N.39°37'28"E., 311.11 feet; thence N.00°28'22"E., 108.35 feet to a point on the North line of said SW 1/4 SW 1/4; thence along said North line S.88°56'44"E., 130.90 feet to the Northeast corner of said SW 1/4 SW 1/4; thence along the East line of said SW 1/4 SW 1/4 S.06°26'13" W., 560.13 feet to the True Point of Beginning and containing two acres, more or less. Parcel Number 7697 Book: 574 Page: 327-328 Date: June 12, 1981 Grantor: Evelyn G. McKay Grantee: Union Oil Company of California A parcel of land situate in the SW 1/4 SW 1/4 of Section 1, T. 7 S., R. 96 W. of the 6th P.M., said parcel of land is more particularly described as follows: Beginning at the corner common to Sections 1, 2, 11 and 12 of said Township and Range, whence the witness comer (an iron post with brass cap) of bears N.88°21'31"W. 220.00 feet, thence N.27°58'45"E. 1491.75 feet to the intersecting point with the North line of said SW 1/4 SW 1/4 and the southwesterly right-of-way of a railroad alignment, the True Point of Beginning; with all bearing contained herein being Colorado Grid Bearings (Central Zone). True Bearings are obtained by rotating all bearings herein counter -clockwise 01°37'28"; thence along said North line of the SW 1/4 SW 1/4 S.88°56'44"E. 655.61 feet; thence leaving the North line S.00°28'22"W. 108.35 feet; thence S.39°37'28W. 311.11 feet to a point on said southwesterly railroad right-of-way alignment; thence along said southwesterly right-of- way N.51°43'07"W. 581.16 feet to the True Point of Beginning. Said parcel of land contains 2.89 acres more or less. A-8 111111111111111111111111111111111111111111 1111111111111 591318 11/05/2001 02:59P B1300 P402 M ALSDORF 11 of 18 R 90.00 D 153.60 GARFIELD COUNTY CO Parcel Number 7675A Book: 326 Page: 220-222 Date: June 2, 1960 Grantor: L.L. Tuck Grantee: Union Oil Company of California Parcel 7675A is more particularly described in Book 296, Page 135 as follows: The N 1/2 N 1/2 of Section 33, and that part of the W 1/2 SW 1/4 of Section 28, described as beginning at the section corner common to Sections 28,29,32 and 33 in Township 6 South, Range 96 West of the 6th P.M., thence North 1787 feet, thence in a meander course down Parachute Creek 1207 feet, thence in a Southeasterly direction 496 feet, thence South 1114 feet, thence West 990 feet to the place of Beginning, all in Township 6 South, Range 96 West of the 6th P.M., Garfield County, Colorado. EXCLUDING, however, any rights to or interest in any mineral of any nature whatsoever which might underlie the surface of the lands described above. The foregoing exclusion applies to all lands described on Exhibit A. A-9 11111111111111111111110111111111111111111111111111111 591318 11/05/2001 02:59P B1300 P403 M ALSDORF 12 of 18 R 90.00 D 153.60 GARFIELD COUNTY CO EXHIBIT "13" COMMITMENT SCHEDULE 11 Section 2 Exceptions Order No. 500720-C4 The policy or policies to be issued pursuant to this Commitment will contain exceptions to ale following matters unless the same are disposed of to the satisfaction of the Company: Any loss or damage, including attorneys fees, by reason of the matters shown below: 1. Any facts, rights, interests or claims which are not shown by the public records, but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortages in area, encroachments, and any other facts which a correct survey would disclose and which are not shown by the public records. 4. Any lien or right to a Tien, for services, labor or material heretofore or hereafter furnished, imposed by law and now shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Right of the Proprietor of a Vein or Lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patents of record, including but not limited to the following: April 25, 1896, in Book 12 at Page 419; December 23, 1899, in Book 12 at Page 531; June 2!, 1906, in Book 56 at Page 552; October 7, 1908, in Book 71 at Page 355; September 25, 1909, in Book 71 at Page 380; September 25, 1909, in Book 7! at Page 381; November 10, 1910, in Book 71 at Page 442; December 18, 1919, in Book 7! at Page 624; April 22, 1921, in Book 73 at Page 124; November 19, 1941, in Book 71 at Page 636; August 31, 1959, in Book 320 at Page 50; September 27, 1961, in Book 336 at Page 581; and October 26, 1976, in Book 489 at Pages 633, 634, 635 and 636. 8. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patents of record, including but not limited to the following: FIRST AMERICAN TITLE INSURANCE COMPANY April 25, 1896, in Book 12 at Page 419; December 23, 1899, in Book 12 at Page 531; June 21, 1906, in Book 56 at Page 552; October 7, 1908, in Book 71 at Page 355; September 25, 1909, in Book 71 at Page 380; September 25, 1909, in Book 71 at Page 381; November 10, 1910, in Book 71 at Page 442; December 18, 1919, in Book 71 at Page 624; April 22, 1921, in Book 73 at Page 124; October 14, 1933, in Book 172 at Page 538; November 19, 1941, in Book 71 at Page 636; August 31, 1959, in Book 320 at Page 50; September 27, 1961, in Book 336 at Page 581; and October 26, 1976, in Book 489 at Pages 633, 634, 635 and 636. 1111111111111111111111111111111111111111111111111111111 591318 11/05/2001 02:59P B1300 P404 M ALSDORF 13 of 18 R 90.00 D 153.60 GARFIELD COUNTY CO 9. All oil and gas, together with the right to prospect for, mine and remove the same, as reserved in United States Patents of record, including but not limited to the United States Patents recorded August 31, 1959, in Book 320 at Page 50, and September 27, 1961, in Book 336 at Page 581. 10. All the oil and gas and all shale or other rock valuable as a source of petroleum and nitrogen in the lands so patented and to it (i.e., the United States), or persons authorized by it, the right to prospect for, mine and remove such deposits from the same upon compliance with the conditions and subject to the provisions and limitations of the Act of July 17, 1914 (38 Stat.509), as reserved in United States Patents of record, including but not limited to the United States Patent recorded October 14, 1933, in Book 172 at Page 538. 11. Easement and right of way for unspecified purposes, as granted by R. A. Wallace to Thomas Glover by the Decd recorded June 3, 1901, in Book 55 at Page 151, the precise location of which is not defined. 12. Ditches and laterals, together with headgates and flumes used in connection therewith, and easements and rights of way therefor, including but not limited to the following: Helm Ditch, as evidenced by Ditch Map filed February 17, 1902, at Reception No. 7627, and Ditch Decree recorded August 18, 1910, in Book 80 at Page 172; Daisey Ditch, as evidenced in the Deed from George Edinger to Peter R. Barthell recorded December 23, 1903, in Book 62 at Page 330; Low Cost Ditch, as evidenced by the Deeds from Charles W. Wilson to George H. Benton and J. F. Wheeler recorded May 20, 1919, in Book 110 at Pages 422 and 423; Cornell Ditch, as evidenced by the Map and Statement filed January 16, 1889, at Reception No. 8281, and filed November 11, 1890, at Reception No. 10947; Glover Ditch No. 1, Glover Ditch No. 2, Spring Valley Ditch, and Riley Ditch, as evidenced by various and sundry instruments of record. 13. Easement and right of way for road purposes, as granted by Jacqueline Cox and A. C. Wiseman to John Crawford, et al., by the Deed recorded January 9, 1930, in Book 171 at Page 42. FIRST AMERICAN TITLE INSURANCE COMPANY 111111111111111111111111111111111111111 111 1111111111111 591318 11/05/2001 02:59P B1300 P405 M ALSDORF 14 of 18 R 90.00 D 133.80 GARFIELD COUNTY CO 14. Right to use the natural drainage through the draws crossing said described land as ditches for the carrying of irrigation water, as reserved by Rose Benton Bruckner in the Deed to J. F. Wheeler recorded September 21, 1921, in Book 171 at Page 416. 15. Right to use a lane 12 feet in width, as granted by Martel Sherwood to Floyd Bruckner and Maude Bruckner by the Deed recorded May 3, 1943, in Book 207 at Page 399. 16. An undivided one-half interest in and to all oil, petroleum and mineral products, as reserved by LeMont Robertson and Florence M. Robertson in the Deed to Theodore R. McQuiston, et al., recorded January 21, 1952, in Book 262 at Page 571, and any and all assignments thereof or interests therein. 17. An undivided forty percent interest in and to all oil, gas and other minerals, as reserved by Beryl D. Miner in the Deed to Rea L. Eaton recorded February 6, 1954, in Book 275 at Page 123, and any and all assignments thereof or interests therein. 18. Easement and right of way to construct, operate and maintain its electric transmission line and related facilities, as granted by Carl D. Tucker and Kathryn M. Tucker to Public Service Company of Colorado by the instrument recorded August 25, 1955, in Book 287 at Page 27, said easement being over and across a portion of the NE1/4 SE1/4 and a portion of the El/2 NW I/4 SE1/4, Section 34, Township 6 South, Range 96 West of the 6'i' P.M., all as more particularly described therein. 19. Easement and right of way to construct, operate and maintain its electric transmission line and related facilities, as granted by Stanley D. McKay and Evelyn McKay to Public Service Company of Colorado by the instrument recorded August 10, 1955, in Book 287 at Page 33, said easement being over and across portions of Section 1, Township 7 South, Range 96 West of the 6" P.M., all as more particularly described therein. 20. Easement and right of way to construct, operate and maintain its electric transmission line and related facilities, as granted by Union Oil Company of California to Public Service Company of Colorado by the instrument recorded October 11, 1955, in Book 288 at Page 45, said easement being over and across portions of Sections 1 and 4, Township 7 South, Range 96 West of the 6`i' P.M., all as more particularly described therein. 21. An undivided one-half interest in and to all oil, gas and other minerals, as reserved by Robert Davidson in the Deed to L. L. Tuck recorded August 27, 1956, in Book 295 at Page 41, and any and all assignments thereof or interests therein. 22. An undivided one-half interest in and to all oil, gas and other minerals, as reserved by Rea L. Eaton in the Deed to L. L. Tuck recorded September 26, 1956, in Book 295 at Page 334, and any and all assignments thereof or interests therein. 23. Road Spur Easements between Union Oil Company of California and Mobil Oil Corporation recorded December 11, 1982, in Book 614 at Page 698, and March 22, 1983, in Book 622 at Page 580, as amended by instrument recorded January 21, 1996, in Book 682 at Page 301. 24. Boundary Line Agreement between Union Oil Company of California, a California corporation, and Atlantic Richfield Company, a Pennsylvania corporation, recorded July 19, 1983, in Book 630 at Page 883. FIRST AMERICAN TITLE INSURANCE COMPANY 1111111111111111111111111111111111111111111111111111111 591318 11/05/2001 02:59P B1300 P406 M ALSDORF 15 of 18 R 90.00 D 153.60 GARFIELD COUNTY CO 25. Memorandum of Agreement between Atlantic Richfield Company, a California corporation, Chevron Shale Oil Company, a California corporation, Eaton Shale Company, a Colorado corporation, Exxon Corporation, a New Jersey corporation, Mobil Oil Corporation, a New York corporation, The Oil Shale Corporation, a Delaware corporation, Exxon Company, U.S.A. and Union Oil Company of California, a California corporation, recorded August 22, 1983, in Book 633 at Pages 461 through 484, inclusive, and the Assignment and Assumption Agreement attached thereto in Book 633 at pages 485 through 488, inclusive, and the Grant of Easement and Agreement Creating Restrictive Covenant attached thereto as Exhibit 1 in Book 633 at Pages 489 through 518, inclusive, the Grant of Easement and Agreement Creating Restrictive Covenant attached thereto as Exhibit 2 in Book 633 at Pages 519 through 546, inclusive, the Grant of Easement and Agreement Creating Restrictive Covenant attached thereto as Exhibit 3 in Book 633 at Pages 547 through 582, inclusive, the Grant of Easement and Agreement Creating Restrictive Covenant attached thereto as Exhibit 4 in Book 633 at Pages 583 through 612, inclusive, the Grant of Easement and Agreement Creating Restrictive Covenant attached thereto as Exhibit 5 in Book 633 at Pages 613 through 645, inclusive, as amended by instruments recorded February 10, 1989, in Book 748 at Page 863, October 10, 1996, in Book 995 at Pages 740, 749, 757, 765 and 773, June 20, 1997, in Book 1022 at Page 990, July 21, 1997, in Book 1026 at Page 777, January 5, 1998, in Book 1049 at Pages 112, 118, 124, 130 and 136; and June 14, 2000, in Book 1 192 at Page 326. 26. License by and between Union Oil Company of California, a California corporation, and Exxon Corporation, a New Jersey corporation, recorded December 22, 1983, in Book 640 at Page 846. 27. Boundary Agreement between Union Oil Company of California, a California corporation, and Mobil Oil Corporation, a New York corporation, recorded January 21, 1986, in Book 682 at Page 294. 28. 011 and Gas Lease between Union Oil Company of California, as Lessor, and Barrett Energy Company, as Lessee, recorded Jun 16, 1986, in Book 689 at Page 895, and any and all assignments thereof or interests therein. 29. Resolutions No. 87 -BOE -277, 87 -BOE -276, and 87 -BOE -280 of the Board of County Commissioners, sitting as the Board of Equalization, for Garfield County, Colorado recorded July 31, 1987, in Book 718 at Pages 68, 70 and 74, respectively. 30. Communitization Agreement between The Bureau of Land Management and Barrett Energy Company recorded August 17, 1987, in Book 719 at Page 220. 31. Oil and Gas Lease between Union Oil Company of California, as Lessor, and Barrett Energy Company, as Lessee, recorded July 10, 1989, in Book 757 at Page 974, and any and all assignments thereof or interests therein. 32. Oil and Gas Leases between Union Oil Company of California, a California corporation, as Lessor, and Barrett Resources Corporation, as Lessee, recorded December 21, 1989, in Book 769 at Page 484; March 22, 1990, in Book 775 at Page 402; September 13, 1990, in Book 788 at Page 791; October 1, 1990, in Book 789 at Page 915, re-recorded November 19, 1990, in Book 793 at Page 524; July 26, 1993, in Book 869 at Page 992; and July 26, 1996, in Book 986 at Page 825; and any and all assignments thereof or interests therein. 33. Communitization Agreements between The Bureau of Land Management and Barrett Resources Corporation recorded April 12, 1990, in Book 776 at Page 622; June 19, 1991, in Book 806 at Pages 424, 514 and 558. FIRST AMERICAN TITLE INSURANCE COMPANY 1 111111 11111 111111 1111 111111 11111111111 111 111111 1111111 591318 11/05/2001 02:59P 91300 P407 M ALSDORF 16 of 18 R 90.00 D 153.60 GARFIELD COUNTY CO 34. Declarations of Pooling and/or Pooling Agreements between Barrett Resources Corporation, et al., recorded July 27, 1990, in Book 784 at Page 618; August 6, 1990, in Book 785 at Page 393; April 20, 1994, in Book 899 at Page 414; September 14, 1998, in Book 1088 at Page 403; January 19, 1999, in Book 1 109 at Page 728. 35. Resolution No. 91-027 of the Board of County Commissioners of Garfield County, Colorado recorded April 2, 1991, in Book 801 at Page 520. NOTE: Upon receipt of an affidavit, satisfactory to the Company, that the above Resolution is no longer in affect, Exception No. 35 will be deleted. 36. Resolution No. 92-101 of the Board of County Commissioners of Garfield County, Colorado recorded November 10, 1992, in Book 846 at Page 952. 37. Access License Agreement (Hayes Gulch Road) between Union Oil Company of California, a California corporation, and the United States of America, Department of Energy, recorded August 26, 1994, in Book 913 at Page 795. 38. Rights -of -Way and Easements between Union Oil Company of California, a California corporation, and Piceance natural Gas, Inc. recorded November 4, 1996, in Book 998 at Page 532; August 11, 1999, in Book 1144 at Page 858. 39. Access License Agreements between Barrett Resources Corporation, a Colorado corporation, and Union Oil Company of California, dba UNOCAL, a California corporation, recorded December 30, 1996, in Book 1004 at Pages 752, 821 and 832; October 9, 1997, in Book 1037 at Pages 462, 475, 622, 636, 691, 751, 762, 788, 800, 814 and 860; December 22, 1997, in Book 1047 at Page 279; March 2, 1998, in Book 1055 at Pages 516, 530, and 544; April 29, 1998, in Book 1064 at Pages 961 and 975; June 18, 1998, in Book 1073 at Pages 426 and 456; January 1, 1999, in Book 1109 at Pages 653, 688 and 703; February 16, 1999, in Book 1114 at Pages 759, 771, 785, 801, 817 and 833; June 1, 1999, in Book 1132 at Page 328; June 14, 1999, in Book 1134 at Pages 979 and 995, and in Book 1 135 at Pages I and 10; August 12, 1999, in Book 1145 at Pages 1 and 16; July 24, 2000, in Book 1 198 at Page 730; and February 9, 2001, in Book 1231 at Pages 84, 102 and 118. 40. Pipeline Easement and Usage Right Agreement between Union Oil Company of California, a California corporation, Rulison Gas Company, I...L.C., a Colorado limited liability company, and Wildhorse Energy Partners, L.L.C., a Delaware limited liability company, recorded May 5, 1997, in Book 1017 at Page 653, and re-recorded February 9, 1998, in Book 1052 at Page 821. 41. Communitization Agreement between The United States Department of Energy and Barrett Resources Corporation, et al., recorded June 6, 1997, in Book 1021 at Page 373. 42. Right -of Way and Easement between Union 011 Company of California, a California corporation and Rulison Gas Company, LLC, a Colorado corporation recorded July 24, 1997, in Book 1027 at Page 420. 43. Rights -of -Way and Easements between Union Oil Company of California, a California corporation, and Barrett Resources Corporation, a Colorado corporation, recorded October 9, 1997, in Book 1037 at Pages 489, 520, 540 and 573; December 22, 1997, in Book 1047 at Pages 287 and 300; June 1, 1998, in Book 1070 at Pages 141, 154 and 167; January 19, 1999, in Book 1109 at Pages 678 and 718; April 14, 1999, in Book 1 124 at Pages 454 and 584; August 12, 1999, in Book 1144 at Page 997; October 1,1999, in Book 1153 at Pages 302 and 312; November 5, 1999, in Book 1159 at Pages FIRST AMERICAN TITLE INSURANCE COMPANY 111111111111111111111111111111111111111 111 111111 III Illi 591318 11/05/2001 02:59P B1300 P408 M ALSDORF 17 of 18 R 90.00 D 153.60 GARFIELD COUNTY CO 210 and 221; April 26, 2000, in Book 1 184 at Pages 89 and 99; and March 14, 2001, in Book 1237 at Pages 401, 412 and 423. 44. Utility Easements Agreement between Union Oil Company of California, a California corporation, and American Soda, L.L.P., a Colorado limited liability partnership, May 12, 1999, in Book 1129 at Page 117. 45. Assignment of Leases, Bill of Sale and Assignment of Intangible Contractual Rights and other Intangible Property by Union Oil Company of California, a California corporation, to Tom Brown, Inc., a Delaware corporation, recorded July 19, 1999, in Book 1140 at Page 838. 46. Lease Agreement between Union Oil Company of California, a California corporation, as Lessor, and Tom Brown, Inc., as Lessee, recorded October 7, 1999, in Book 1 154 at Page 492. 47. Easement and right of way for the Colorado Interstate Gas Parachute Creek Pipeline, as evidenced by the Plat filed October 20, 1999, at Reception No. 553995. 48. Access License Agreements between Barrett Resources Corporation, a Delaware corporation, and Union Oil Company of California, dba UNOCAL, a California corporation, recorded November 5, 1999, in Book 1 159 at Page 195; December 2, 1999, in Book 1162 at Page 874; March 7, 2000, in Book 1175 at Pages 749, 764 (as amended by instrument recorded January 25, 2001, in Book 1228 at Page 797), 779, 818 and 833; April 26, 2000, in Book 1 184 at Pages 74, 127, 142 and 157; May 12, 2000, in Book 1187 at Page 304; August 23, 2000, in Book 1203 at Page 401; October 10, 2000, in Book 1211 at Pages 745 and 760; January 8, 2001, in Book 1225 at Pages 880 and 896; February 9, 2001, in Book 1231 at Pages 84, 102 and 118; February 23, 2001, in Book 1233 at Page 438; March 29, 2001, in Book 1240 at Pages 683, 699, 709, 725, 741, 757, 773 and 789 and June 25, 2001, in Book 1263 at Page 310. 49. Rights -of -Way and Easements between Union Oil Company of California, a California corporation, and Barrett Resources Corporation, licensed to do business in the State of Colorado, recorded March 7, 2000, in Book 1175 at Page 849; May 30, 2000, in Book 1 189 at Pages 788 and 798; January 8, 2001, in Book 1225 at Pages 816, 858 and 869; April 26, 2001, in Book 1248 at Page 324 and June 25, 2001, In Book 1263 at Page 299. 50. Rights -of -Way and Easements between Union Oil Company of California, a California corporation, and Barrett Resources Corporation, a corporation, recorded July 24, 2000, in Book 1 198 at Page 746. 51. Access License Agreements between Petroleum Development Corporation, a Nevada corporation and Union Oil Company of California, dba UNOCAL, a California corporation, recorded February 8, 2001, in Book 1230 at Pages 911 and 921, and May 21, 2001, In Book 1254 at Page 471. 52. Right -of -Way and Easement between Union Oil Company of California, a California corporation and Puckett Land Company, a Colorado corporation, recorded March 26, 2001, in Book 1239 at Page 675. 53. Lack of a right of access from Parcel B to any open public road, street or highway. NOTE: The foregoing Exception No. 53 is necessary because it does not appear from either (a) the instruments of' record in the office of the Clerk and Recorder for Garfield County, Colorado, or (b) the boundary survey of"Unocal Property Within Section 1, Township 7 South, Range 96 West of the Sixth Principal Meridian" prepared by Construction Surveys, Inc. of Silt, Colorado on October 16, FIRST AMERICAN TITLE INSURANCE COMPANY 111111111111111111 1111 111111111111 11111 111 111111 111 1111 591318 11/05/2001 02:59P B1300 P409 N ALSDORF 18 of 18 R 90.00 D 153.60 GARFIELD COUNTY CO 2000, and submitted to the Company, that any right of access exists for Parcel B to an open public roadway. FIRST AMERICAN TITLE INSURANCE COMPANY ■[II EVralitifli:411M1iLliiiiriralliilrirrAILliliiikir iii 11111 Reception#: 876693 05!03!2016 10:35.23 RM Jean PLberico 1 of 2 Rec Fee:$16 O0 Doc Fee:0.00 GARFIELD COUNTY CO Delaware The First State I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF AMENDMENT OF "WPX ENERGY ROCKY MOUNTAIN, LLC", CHANGING ITS NAME FROM "WPX ENERGY ROCKY MOUNTAIN, LLC" TO "TEP ROCKY MOUNTAIN LLC", FILED IN THIS OFFICE ON THE TWENTY—SECOND DAY OF APRIL, A.D. 2016, AT 3;12 O'CLOCK P.M. 3388640 8100 SR# 20162502586 You may verify this certificate online at corp.delaware.gov/authver.shtml Page 1 Authentication: 202199006 Date: 04-22-16 2. ®11Il'a'f]16{aN`uItirMk 11111 Reception#: 876693 05/0312016 10:35:23 PM Jean Alberico 2 of 2 Rec Fee:$16 CO Doc Fee.0.00 GfRFIELD COUNTY CO STATE OF DELAWARE CERTIFICATE OF AMENDMENT State of Delaware Secretary of State Division of Corporations Delivered 03:12 5104/2212016 FILED 03:12 PM 04/2212016 SR 20162502586 - FlleNumber 3388640 1 Name of Limited Liability Company: WPX Energy Rocky Mountain, LLC 2, The Certificate of Formation of the limited liability company is hereby amended as follows: The rlalne of the limited liability company is amended to TEP Rocky Mountain LLC. IN WITNESS WHEREOF, the undersigned have executed this Certificate on the 22''x' day of .April , A.D. 201 By: „.„4./c za„/ Authorized Person(s) Name: Michael S. Land Print or Type TEP Rocky Mountain LLC November 2020 Title Information The Starkey Gulch Centralized Waste Management Facility will be constructed and used for drill cuttings disposal for future TEP locations planned within the Piceance Basin. This location was originally permitted and built in 2014 and was reclaimed in 2016 due to the facility never being used. TEP's proposal is to reopen the facility within the existing 2014 disturbance boundary with minimal new surface disturbance. The Starkey Gulch Centralized Waste Management Facility will be constructed with three phases, one for water-based cuttings, one for oil-based cuttings, and one for disposal of oily waste. The construction and operation of the Starkey Gulch Centralized Waste Management Facility will not interfere with any other operations on the 2171-332-00-019 parcel located in Garfield County Colorado. Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC November 2020 4-203.6.3. Adjacent property owners and mineral owners and lessees The parcel and adjacent surface owner information was acquired from the Garfield County Colorado Assessor records and parcels maps on October 28, 2020, by Bryan 5. Hotard, TEP Rocky Mountain LLC Surface Team Lead. The mineral information was acquired from the TEP Rocky Mountain LLC office in Houston on October 29, 2020. Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review I I III ;Ij/IIII /III/IIIII I I I I I I I /' I I I I III /I II II /I II II II II III I I I I I I I I I/ I I/ I I I I IIII I /I IIII II •I I I I I �/ ,I ,I ,/ /I III I• �/ II/ /I I / I /•- pee Starkey Gulch Waste I III/ / ,•// I Management Facility ► II ' I I • I I I • I I • / I� I I•- 'III.- - II // /I II /I / IIII I;I;I,III/IIIII ,/IIII;II j/4 I I I I I I I / I I / I / IIII I / I I I TEP ROCKY I / I / I /I III / II I I I / MOUNTAIN LLC P/ /I /I /I /I I I/ I/ II / 217133200019 I I /�/�I;/I/I/III/II - II /4 III IIII/,/. I I I I 'P I I / II II I/ II III/ /I /I �I �I �I �I III - I'= i III II /I II I /I II II /I II II I III I I eeeeI I I I I I III I//I�I�/�/;/;I;III;I;I/I/I/ I � I �I �I SII II II III II /IIII ;I ;I ;I �I / I I II /I /I IIII I // I I III /I II II /I /I / ;/ ;I I/ �/ �/ �/ �I ,I // I I I I I ., I I/ I I I I / I / /I /I // I I / I I ;/II / II /I I I / /IIII ee I /II / I I I ;I/ e I/;I;I;Ie III /I /I /IIIII III /I /0 ////II• TER pARTNER� ENERCV 1 Legend Starkey Gulch CWMF Site Existing Road Parcel Ownership Starkey Gulch Centralized Waste Management Facility Parcel Map October 28, 2020 s 0 775 1,550 3,100 Feet T\Projects\Piceance\Grand Valley\Starkey Gulch CWMF\Visit (2)\Garfield County LUC Documents\ParcelMap.mxd ATankersley 10/28/2020 2:24:53 PM Starkey Gulch,Waste Management Facility ENERGY'. TEP ROCKY MANAGEMENT 2171-332-00-019 Starkey Gulch Centralized Waste Management Facility TEP Rocky Mountain LLC Address Attn: Bryan Hotard - 1058 County Road 215, Parachute, CO 81635 Adjacent Property Owners within 200ft. to subject parcel 2171-332-00-019 Parcel number 2171-123-00-003 2171-194-00-954 2171-281-00-018 2171-291-01-002 Name XTO Energy Inc Bureau of Land Management Caerus Piceance LLC Puckett Land Company Address Attn: David Bowers - 21459 County Road 5, Rifle, CO 81650 BLM - CRVFO 2300 River Frontage Road, Silt, CO 81652 Attn: Zane Lay - 143 Diamond Avenue, Parachute, CO 81635 Attn: Karen LeBaron - 5460 South Quebec Street, Greenwood Village, CO 80111 2171-311-00-006 2171-324-00-958 2171-331-00-020 Puckett Land Company Bureau of Land Management Caerus Piceance LLC Attn: Karen LeBaron - 5460 South Quebec Street, Greenwood Village, CO 80111 BLM - CRVFO 2300 River Frontage Road, Silt, CO 81652 Attn: Zane Lay - 143 Diamond Avenue, Parachute, CO 81635 2171-331-00-023 2171-332-00-019 2171-342-00-017 Bargath LLC TEP Rocky Mountain LLC Puckett Land Company 4289 County Road 215, Parachute, CO 81635 Attn: Bryan Hotard - 1058 County Road 215, Parachute, CO 81635 Attn: Karen LeBaron - 5460 South Quebec Street, Greenwood Village, CO 80111 2171-343-00-022 2409-212-00-952 TEP Rocky Mountain LLC Bureau of Land Management ATTN: Bryan Hotard - 1058 County Road 215, Parachute, CO 81635 BLM - CRVFO 2300 River Frontage Road, Silt, CO 81652 Mineral Information for Parcel 2171-332-00-019 Address TEP Rocky Mountain LLC 3050 Post Oak Blvd., Suite 1500, Houston, TX 77056 Caerus Piceance LLC 1001 17th Street, Suite 1600, Denver, CO 80202 Puckett Land Company 105 South Fourth Street, Artesia, NM 88210 For; Rpcnivrac Inc aaCn smith rinphpr arrear Uiirp Jsn Rrpnnwnnd Villacp co Anti MANAGEMENT Legend • Starkey Gulch CWMF Site Existing Road 200' Property Buffer Parcel Ownership (from Garfield County) Starkey Gulch Centralized Waste Management Facility Adjacent Landowners within 200 ft. October 29, 2020 S 0 775 1,550 3,100 Feet T:\Projects\Piceance\Grand Valley\Starkey Gulch CWMF\Visit (2)\Garfield County LUC Documents\AdjacentPropertyOwners.mxd ATankersley 10/29/2020 8:52:22 AM Garfield County CERTIFICATION OF MINERAL OWNER RESEARCH This form is to be completed and submitted with any application for a Land Use Change Permit. Mineral interests may be severed from surface right interests in real property. C.R.S. § 24-65.5-101, et seq, requires notification to mineral owners when a landowner applies for an application for development from a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4-101(E)(1)(b)(4) requires written notice to owners of mineral interests in the subject property in accordance with C.R.S. § 24-65.5-101, et seq, "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." This form is proof of applicant's compliance with the Colorado Revised Statutes and the LUDC. The undersigned applicant certifies that mineral owners have been researched for the subject property as required pursuant to C.R.S. § 24-65.5-101, et seq, and Section 4-101 (E)(1)(b)(4) of the Garfield County Land Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies the following (Please initial on the blank line next to the statement that accurately reflects the result of research): _ I own the entire mineral estate relative to the subject property; or Minerals are owned by the parties listed below The names and addresses of any and all mineral owners identified are provided below (attach additional pages as necessary): Name of Mineral Owner Mailing Address of Mineral Owner TEP ROCKY MOUNTAIN LLC 3050 Post Oak Blvd., Suite 1500, Houston, TX 77056 CAERUS PICEANCE LLC 1001 17th Street, Suite 1600, Denver, CO 80202 PUCKETT LAND COMPANY 105 South Fourth Street, Artesia, NM 88210 EOG RESOURCES, INC. 5460 South Quebec Street., Suite 250, Greenwood Village, CO 80111 acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and I am in compliance with said statue and the LUDC. Applicant's Signature 10/29/2020 Date TEP Rocky Mountain LLC November 2020 4-203.6.4. Fees/Agreement to pay Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC November 2020 Garfield County PAYMENT AGREEMENT FORM GARFIELD CCUNP (,'COIINTW) and Property Owner ("APPLICANT"I TEP RiSGlcjt Mountain LLC agree as follows: 1. TF AppI int has saalamitted to the County an application for the following Project_ Starlet' Gulch Waste Management Facility 2. The Applicant understands and agrees that Carrie Id County I;esoYutien No. 2014-6D, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. Y he Applicant and the County agree that beta use cif the size, nature or scope of the proposed protect, it is not possible art this time to ascertain the full extent of the costs Involved In processing the application. The Applicant agrees to make payment of the base fee, established for the Project, an d to thereafter permit additional costs to de billed tothe Applicant. The Applicant agrees to make additional payments upon natcatlo n by the County, when they are necessary, as rows ale Incurred, 4, The Base Fee shall be irI addition to and exclusive of any cost for publication or cost of cans litIng service determined necessary by the Board of County Commissioners for the consideration of an appfi atfon or additional County Staff trine or expense not covered by the Base Fee If actual recorded cgsts exceed tete Initial ease fee, the Applicant shall pay additional billings to the County to reimburt.e theCountp far the processingofthe project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land, hereby agree to pay all fees related to th is applica1r n: QilIirsg Contact Person: Bryan S. Hoard Ptron,, 970 283-2754 Bil ling Contact Address: 1058 CR 215 City: Parachute BillingContattTmai1: fah°ll rd@tArraep.1OI11 State: CO Zip Code: 81635 Printed Name of Person Authorized to Sign: Jeffrey 0. Kirtland 10129/2020 {Signature) {Date) Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC November 2020 4-203.6.5. Project Description Statement of need: TEP Rocky Mountain, LLC (TEP) proposes to construct a non-commercial, centralized Exploration and Production (E&P) waste management facility on land owned by TEP north of Parachute, CO. The proposed facility will be constructed adjacent to Starkey Gulch, which is located approximately 4.7 miles north of Parachute, CO. TEP is seeking a Land Use Change Permit for the centralized waste management facility (WMF) to treat, dispose, recycle, and beneficially re -use E&P solid wastes generated by TEP during drilling, completions, and production operations conducted in the Piceance Basin of Western Colorado. Site Location: NE%NE% of Section 32, and the SE %SE% of Section 29 of Township 6 South, Range 96 West of the 6th P.M, Garfield County, Colorado, latitude 39.487328 / longitude -108.126739. Parcel Number: 2171-332-00-019 Property Owner: TEP Rocky Mountain LLC Timeline for development: It will take approximately three (3) weeks to construct the location, including installing pre -construction stormwater BMPs, stockpiling topsoil, and constructing drill cutting treatment areas. Initially, TEP is planning to store drill cuttings from wells planned for drilling beginning December 15, 2020 on location. Upon approval of the Land Use Change Permit and COGCC permits, TEP will install monitoring wells, and begin initial treatment of drill cuttings as outlined in the Starkey Gulch Waste Management Facility Operating Plan Impact Analysis Appendix G. Construction will begin upon approval of the COGCC Form 2A, which included consent from the Community Development director to construct the location prior to approval of the Land Use Change permit. Hours of Operation: The facility will be available for use year-round; however, most activities will occur during normal daylight hours (i.e., 7:00 a.m. — 5:00 p.m.). During winter months (December 1— April 30) activities will be limited to the hours between 10:00 a.m. and 3:00 p.m. whenever possible. Please refer to Section 2.8 of the Starkey Gulch Waste Management Facility Operating Plan Impact Analysis Appendix G. Acreage of the location (site): The Starkey Gulch Centralized Waste Management Facility will be construction primary within the envelope of disturbance from a previously reclaimed COGCC approved Oil and Gas Location, which was originally constructed in 2014 and subsequently reclaimed in 2016. The total disturbance acreage of the facility will be approximately 6.13 acres. Size of proposed facility/building: No building is planned for the location. Access and roadway information: The site is accessed from a private gravel road off CR 215. A detailed report on access and roadway information is included in Appendix A-7 of the Standards section and in 4-203.L Traffic Study of this application. Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC November 2020 Parking lot size: There is no parking lot associated with this project. Other permits: TEP has submitted Form 2A to the Colorado Oil and Gas Conservation Commission (COGCC) to obtain a new Oil and Gas Location Assessment (OGLA) permit to construct the location. Additionally, TEP has submitted a Form 28 — E&P Waste Management Permit, and Form 15 — Pit Permits for each of the three phases of cuttings treatment and management. COGCC Permits: Permit Type COGCC Document Number Form 2A — Oil and Gas Location Assessment 401587706 Form 28 — E&P Waste Management Permit 2573070 Form 15 — Pit #1 402455520 Form 15 — Pit #2 402457201 Form 15 — Pit #3 402457228 Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC November 2020 4-203.C. Vicinity Map Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review Starkey Gulch Wa to Manageme&Facility Legend • Starkey Gulch CWMF Site ■ • .. —.3 Mile Buffer - Existing TEP Road - Existing Public Road Parcel Ownership (from Garfield County) Starkey Gulch Centralized Waste Management Facility Vicinity Map October 28, 2020 s 0 2,250 4,500 9,000 Feet T\Projects\Piceance\Grand Valley\Starkey Gulch CWMF\Visit (2)\Garfield County LUC Documents\VicinityMap.mxd ATankersley 10/28/2020 2:38:47 PM TEP Rocky Mountain LLC November 2020 4-203.D. Site Plan Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review 29 f 1(N \ 23 TEP Property Boundary 27 Starkey Gulch Centralized Waste Management Facility Exist. Access Road --—•=7-1� / 0 33 TEP Property /Boundary ti l LEGEND BLM Alum. Cap BLM Alum Witness Corner O OO Garfield County Brass Cap • Found Stone Monument 0 LS 20133 Alum. Cap LS 16835 Alum. Cap A LS 14060 Alum. Cap Q LS 22580 Alum. Cap 0 PROPERTY DESCRIPTION 0 600 1200 GRAPHIC SCALE IN FEET 1 INCH = 1200 FEET A TRACT OF LAND IN SECTION 4, T. 7S, R. 96 W, SECTIONS 2Z 28, 27, 32, 33, 34, T. 6 S, R. 96 W, AS DESCRIBED IN RECEPTION#591319, EXCEPTA TRACT OFLAND CONTAINING ±100.018 ACRES AS DESCRIBED IN QUIT CLAIM -DEED RECEPTION #856812 , BEING ±1232. 992 ACRES „yr„, NOTES 1.) THIS EXHIBIT WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT TITLE COMMITMENT AND DOES NOT REPRESENT A TITLE SEARCH BY THIS SURVEYOR OR BOOKCLIFF SURVEY SERVICES, INC. OF THE PROPERTY SHOWN TO DETERMINE OWNERSHIP, COMPATIBILITY WITH ADJOINING PARCELS, OR EASEMENT OR ENCUMBRANCES OF RECORDS AFFECTING THIS PARCEL. 2.) THE PROPOSED CENTRAL WASTE MANAGEMENT FACILITY IS LOCATED WITHIN A 30% SLOPE AREA. 3.) THIS SITE PLAN DOES NOT REPRESENT A BOUNDARY, IMPROVEMENT OR IMPROVEMENT LOCATION CERTIFICATE SURVEY BY BOOKCLIFF SURVEY SERVICES, INC. OR AND OF ITS ASSOCIATES. 4.) ZONE DISTRICT: RESOURCE LANDS 5 9c I v <, 136 East Third She Rifle, Colorado 8165 Ph. (970) 625-1330 AL Fax (970)625-277 REVISED: 11/04/20 SCALE: 1" = 1200' DATE: 9/30/20 SHEET: 1 of 3 PROJECT: TEP Valley DFT: cs Construction Plan Prepared for: TERR? TEP Rocky Mountain LLC Starkey Gulch Centralized Waste Management Facility LEGAL DESCRIPTION evz.00zovez..,,,a, Section 32 T. 6 S., R. 96 W illtill!liiiiiiiiiiiiii:11111111Lhil cii 11 /Ili 1,,--______-__ ofDisturbance___ Hill i 11111111111 11 11 - -- /)i/)i))/j/i/i),/ii1,1/214 ..j. /I i /I, 1/ I Diversion Dit fr 0 1 1 1 1 1 iiiiiiii // 1 111111 jai ,/ 1 If iii if ii, 1 ill I/ ti /,_ L__L_________;____////,/, z// ////7,// Range/ii,//Fein, f ielj ii i ii c/ 1111111111(1-= -f-_--- -;;- 111,111--:--:-:----7----/..-------,- -;..-5, - Eage of/Phasp 1 Pfd ii fk,--:-.:,-----_-_---- ------- -!----7/7'7 /71, 7 ,__----_---_:__----,-__--_---__-:--_//-,-,/ ///—////7i1 /11/11/i7l1l 1/ / , \ il 111111 /2/ 1(1/ // / \ \ \ s.s,..__:---, _-----— / \ -- Proposed Phase1ent/ / N:1613031.2 Maintain Exist.Sediment Trap sy;\st N \ - - - ° \\\\ 1 , /X Approx. Limit-- * I \ E2258650.3 // Exist. El.: 5495 \ 1 I\ — -__ --,,,, _ 7:---==-1----. / ' / /------.--_-j-_--:-.-_-- -z--_-- - _f --:- -/- - -----_ SW t #8 -„,,,,, ____ 7,---___ 1 . _,_-/----_-_----_-_:- _--- — ,- C 129 — — // -_--=:- -=-----:- -- --°-: :;-----Prepos_ejti--=-/ ' -'- __----_,,---- -__„--Z2--=----„,--------_-_-_-----__ ----2------,L-_-_-=-Diverst_on-jYtelr -_-_,-----_-=-_--_=:// / /- -- _ — — - — --.Z-- --,---:--- -E--_-1--_- ---_----_------_,-_-:_' ' 1 ) - )_' ____ _ _--- _--- ---_-_-_MaintaM Exist il ,.. 1 / - ----_--Se/ _ m ent Trap - X (-) itz). ,0---- Daylight -Line— . . , 10' Fire Lane -- › X c 0, -4 " Buffer ->',:', -....,_. _ PlrebeSel0 Diversion Ditch) I j aintain E' 77rxx tes - — 5510 7-7 Daylight Line — 14) CO/. 70 ' / Prop. Sediment Thap ; \ \ N, Cor #1B C 0.8' 10' kire Lane 10/Buffer 'Edge of Pad ,// // 2C 2C - ,/ Excess -Soil / Stockpile Arela // 433,800 Existing Sed. Trap 2 Pit/Fencing ife Ram 7 m6ch Bottomir) Phase 1 Pit (Vol.: ±21,170 cy ) C 3.5' Pit Fenci p F(46 of P d / Top EdgH / of P. Prop. Access R Max. Grade 8. 124' EXIA rn rn oad Top Edge of Pit 10' FireLane - 10' Buffer Phase 2 Pit (Vol. ,020 cy) /// DaylightL1ne7— I \ )\ •-• ;Range Fence 1( \ \ X \ \ / Proposed Diversion Ditch Approx. Limit of Disturbance / 7C 7C 7C 7C 7C 7C 7C 7C 7C 7C 7C 7C 7C 3t 7C CCI Appt�?Limit of Disr.u; bance GRAPHIC SCALE IN FEET 1 INCH = 80 FEET z // / / // / / / / / / / / / / / z / / Exist. Culvert y -c. c,e'b / eCL°7 e 7 Exist. Ditch < Exist. Limit of Disturbance (4/4/18) Cor #4,4 Exist. Culvert —/ Proposed Culvert Proposed Gate REVISED: 10/28/20 136 East Third Street Rifle, Colorado 81650 Ph. (970) 625-1330 Fax (970) AL SCALE: 1" = 80' DATE: 4/ 18/ 18 SHEET: lA of 5 PROJECT: TEP Valley DFT: cs Surface Roughening PLATJA Construction Plan Prepared for: TEP Rocky Mountain LLC TERF Starkey Gulch Centralized Waste Management Facility PHASE 1 CONSTRUCTION LAYOUT Section 32 7 6 S., R. 96 W. B A Exist. Diversion Ditch 10' Firelane 10' Buffer Pit Fencing C 12.9' _ is Existing \ � Ground 20' 10' Firelane 10' Buffer Pit Fencing C Trench Phase 1 Pad Depth C 71' Existing \ \ ` r Ground Cut Pit Fencing F 1.3' C 7.1' \ – – ,Phase 2 Pad 20' Elev 553.4 f 19' Depth 4?' Phase 1 Pit C 8.7' Phase 1 Pit Phase-LPad Elev.: 5542.4- 19' Depth ti' C 0.9' Phase 1 25' Work Area 20' Phase 2 Pad– – Elev: 5532.4 Phase 2 Pit \ Existing Ground \ C 12.5' n C9.3' Pit Fencing Phase 2 Pad Elev.: 5532.4 20' —{ Phase 3 Pit Pit Fencing C0.8' 10' Fire -lane 10' Buffer h' Phase 2 Pit Pit Fencing C 3.6' Exist Road 10' Firelane 10' Buffer Scale: Horiz.: 1" = 80' Vert. : 1"=20' Pit Fencing Phase 2 Pad r 22' Work Area F 2.4' ESTIMATED EARTHWORK QUANTITIES (cy) ITEM CUT FILL TOPSOIL EXCESS Phase 1 Pad 22,020 540 3,510 17,970 Phase 1 Pit 25,400 25,400 Phase 2 Pad 15,090 330 2,950 11,810 Phase 2 Pit 13,230 13,230 Phase 3 Pit 4,800 4,800 TOTALS 80,540 870 3,510 73,210 *NOTE: 1.) Topsoil Volume Based on 12" Soil Depth. 2.) Swell Factor of 20% Applied to All Earthwork Cut Volumes. 3.) Exist. Disturbance = 5.98 ac Total Disturbance = 6.13 ac 4.) Design Cut Slope: 1.5:1 Desgin Fill Slope: 1.5:1, unless otherwise noted. 5.) Pad Item Includes Access Road Volumes. Road Cut Slope: 1.5:1 Road Fill Slope: 4:1 REVISED: 7/07/20 136 East Third Street Rile, Colorado 81650 P6. (970) 625-1330 Fax (970) 625-2773 BOOKCLFFF Survey Services, Inc. SCALE: As Noted DATE: 4/ 18/ 18 SHEET: PROJECT: DFT: 2 of 5 TEP Valley cs PLAT 2 Construction Plan Prepared for: TERRA► ` TEP Rocky Mountain LLC Starkey Gulch Centralized Waste Management Facility PHASE 1 CONSTRUCTION CROSS SECTIONS TEP Rocky Mountain LLC November 2020 4-203.E. Grading and Drainage Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review Starkey Gulch CWMF Grading and Drainage Plan Garfield County, Colorado Prepared for: TEP Rocky Mountain LLC 1058 County Road 215 Parachute, Colorado 81635 November 2020 Prepared and Compiled By: Fox Engineering Solutions, Inc. P.O. Box 413, Fruita, CO 81521 Ph: (970) 250-5505 Email: coloradofox@bresnan.net TEI Frwf wI T PA r. r iVp ra 5 TEP Rocky Mountain LLC Starkey Gulch CWMF - Grading & Drainage Plan Table of Contents TEP ROCKY MOUNTAIN LLC - MANAGEMENT APPROVAL 3 PROFESSIONAL ENGINEER CERTIFICATION 4 Introduction 5 Section 4-203.E.1 - Site Map 5 Section 4-203.E.2 — Drainage Structures 6 Section 4-203.E.3 — Topography 6 Section 4-203.E.4 — Grading Plan 6 Section 4-203.E.5 — Soil, Stockpile and Snow Storage Areas 6 Section 4-203.E.6 — Proposed Drainage Plan 7 Section 4-203.E.7 — Equipment Storage Areas 7 Section 4-203.E.8 — Temporary Roads 7 Section 4-203.E.9 — Areas of Steep Slope 7 Section 4-203.E.10 — Construction Schedule 7 Section 4-203.E.11 — Permanent Stabilization 8 Section 4-203.E.12 — Erosion Control Measures 8 Section 4-203.E.13 — Estimated Costs 8 Section 4-203.E.14 — Calculations 9 Section 4-203.E.15 — Neighboring Areas 10 Section 4-203.E.16 — Storm Water Management 11 Section 4-203.E.17 — Storm Water Management Plan 12 Section 4-203.E.18 — Reclamation Plan 12 Section 4-203.E.19 — Hydraulic Calculations 13 Section 4-203.E.20 — Maintenance Requirements 13 Section 4-203.E.21 — SPCC Plan 13 Section 4-203.E.22 — Additional Information or Detail 13 Section 4-203.E.23 — Signature Blocks 13 Appendices Appendix A — Site Maps Appendix B — Drainage & Erosion Control Plan Appendix C — Surface Water Features Appendix D - Reclamation Fox Engineering Solutions, Inc. November 2020 Page 2 TEP Rocky Mountain LLC Starkey Gulch CWMF - Grading & Drainage Plan TEP ROCKY MOUNTAIN LLC - MANAGEMENT APPROVAL The undersigned representative of TEP Rocky Mountain LLC does hereby acknowledge reviewing the Grading and Drainage Plan, contained herein, and shall accepts responsibility for the implementation of this plan. M. a•ement Signature Mr. Jeffrey D. Kirtland, Regulatory Lead TEP Rocky Mountain LLC 11/06/2020 Date Fox Engineering Solutions, Inc. November 2020 Page 3 TEP Rocky Mountain LLC Starkey Gulch CWMF - Grading & Drainage Plan PROFESSIONAL ENGINEER CERTIFICATION The undersigned Registered Professional Engineer attests that he has prepared this Grading and Drainage Plan per the requirements of Article 4 — Section 203.E Grading and Drainage Plan of the Garfield County Land Use and Development Code, effective July 15, 2013. David J. Fox, PE17 1)7( David J. Fox, P.E. Professional Engineer, State of Colorado Registration No. 25420 11-02-2020 Date Fox Engineering Solutions, Inc. November 2020 Page 4 TEP Rocky Mountain LLC Starkey Gulch CWMF - Grading & Drainage Plan Introduction TEP Rocky Mountain, LLC is proposing to develop a site as a centralized solid waste management facility (CWMF) to treat, dispose, and recycle gas exploration and production (E&P) solid wastes generated by TEP during drilling, completions, and production operations. The E&P solids wastes are not hazardous waste as defined in Article 15 — Definitions of the Garfield County LUDC and elaborated in the Colorado Department of Public Health and the Environment regulations. The CWMF facility is concurrently being permitted through the Colorado Oil and Gas Conservation Commission's (COGCC) Rule 908, Centralized E&P Waste Management Facilities. The wastes to be stored and managed at the Starkey Gulch CWMF will consist entirely of soils / solids E&P wastes. No E&P liquid wastes, pits, tank batteries, oil storage, etc. will be allowed at this location. Therefore, the Starkey Gulch CWMF is an extremely low- risk facility in terms of presenting any type of risk to human health and the environment. The Starkey Gulch CWMF is located within the boundaries of a +1200 acre tract of land owned by TEP Rocky Mountain LLC and will be accessed from an existing private road located on TEP and Bargath LLC property. The CWMF is located 150 ft. north of Starkey Gulch at an elevation of 5550 ft. MSL in the NE 1/4 NE 1/4 of Section 32 and the SE 1/4 SE 1/4 of Section 29, Township 6 South, Range 96 West of the 6th P.M. The site is approximately 2200 ft. above the confluence of Starkey Gulch and Parachute Creek. The site is a formally reclaimed drill cuttings handling facility with an original construction disturbance area of 5.98 acres. The proposed CWMF will utilized most of the 5.98 acres and include an additional 0.15 acres for a total disturbed area of 6.13 acres. Three disposal areas, delineated as Phases 1 through 3, will be utilized to store treated solid waste. Once a waste batch is treated and meets the COGCC Table 910-1 treatment concentration levels, an appropriately sized portion of the solids waste disposal area will be excavated to dispose of the batch of waste within the disposal boundary. The disposal area will only be excavated as treated materials become available and are ready for burial. Not excavating the entire storage area at once will minimize the amount of storm water that may come into contact with waste materials inside the area, and it will also reduce the amount of storm water that would otherwise collect inside a large excavation area requiring removal and/or further management. As required by Article 4 — Section 203.E Grading and Drainage Plan, of the Garfield County Land Use and Development Code (LUDC), effective July 15, 2013, this document contains information required for the Grading and Drainage Plan. Section 4-203.E.1 - Site Map Fox Engineering Solutions, Inc. November 2020 Page 5 TEP Rocky Mountain LLC Starkey Gulch CWMF - Grading & Drainage Plan Site maps are provided in Appendix A showing the location, topography, access road, property boundary, and proposed improvements. There are no water bodies, hydrologic features, or wetlands located within the site. The site is not within a 100 -year floodplain. The CWMF is located on located approximately 4 miles northwest of Parachute, Colorado. Section 4-203.E.2 — Drainage Structures Locations of proposed drainage structures, their engineering capacities and designs, and natural drainage features affecting site drainage, are shown on the Drainage Plan in Appendix B. Section 4-203.E.3 — Topography Existing site topography at two foot contours is provided on the Site Maps in Appendix A. Appendix A also depicts the location of the solid waste disposal areas and grading cross-sections. Section 4-203.E.4 — Grading Plan The site is a formally reclaimed drill cuttings handling facility with an original construction disturbance area of 5.98 acres. The proposed CWMF will utilized most of the 5.98 acres and include an additional 0.15 acres for a total disturbed area of 6.13 acres. Pre -construction grades, construction layout, cross-sections and final reclamation grades are shown in Appendix A. Grades will constantly changing during the life of the CWMF as the operational phases are implemented. Three disposal areas, delineated as Phases 1 through 3, will be utilized to store treated solid waste. Once a waste batch is treated and meets the COGCC Table 910-1 treatment concentration levels, an appropriately sized portion of the solids waste disposal area will be excavated to dispose of the batch of waste within the disposal boundary. The disposal area will only be excavated as treated materials become available and are ready for burial. Not excavating the entire storage area at once will minimize the amount of storm water that may come into contact with waste materials inside the area, and it will also reduce the amount of storm water that would otherwise collect inside a large excavation area requiring removal and/or further management. Section 4-203.E.5 — Soil, Stockpile and Snow Storage Areas Fox Engineering Solutions, Inc. November 2020 Page 6 TEP Rocky Mountain LLC Starkey Gulch CWMF - Grading & Drainage Plan Soil and topsoil stockpile areas are shown in the Construction Layout plat in Appendix A. As waste disposal operations progress, stockpiled soil and topsoil will be moved and placed to conform to the grades shown on the Reclamation Layout in Appendix A. Snow stockpiling, if necessary, will be stored in one the inactive operational phase areas within the existing site. Stormwater BMPs will be used to manage snowmelt. Section 4-203.E.6 — Proposed Drainage Plan A drainage plan has been developed for the Starkey Gulch CWMF. The plan is provided in Appendix B and shows the estimated stormwater flows from a 100 -year 24 hr. precipitation event as well as diversion structure capacities. Section 4-203.E.7 — Equipment Storage Areas Heavy equipment, including, but not limited to, backhoes, front end loaders, bulldozers, vibratory compactors, dump trucks and water trucks may be utilized during construction and operational phases. Operational equipment will be stored onsite as dictated by the activity and individual phase locations. In all cases, equipment and fuel storage will be located within the protective confines of stormwater BMPs for the site. Fuel storage, if present, will be provided with secondary containment. Section 4-203.E.8 — Temporary Roads No temporary roads will be required for the construction of the facility. Section 4-203.E.9 — Areas of Steep Slope There are no pre -construction areas of steep slope exceeding 20% within the project site. Excavated areas during operation phases are planned to have embankment cut slopes of between 2V:1H and 1.5V:1H or 29.5% to 37.5%, respectively. Construction and final reclamation grades are shown in Appendix A. Section 4-203.E.10 — Construction Schedule It is anticipated that mobilization of equipment and materials will be conducted within 30 days after approval of the Starkey Gulch CWMF application by Garfield County. Construction will commence shortly thereafter. An estimated construction sequence timetable is provided below. Fox Engineering Solutions, Inc. November 2020 Page 7 TEP Rocky Mountain LLC Starkey Gulch CWMF - Grading & Drainage Plan TEP Rocky Mountain LLC Starkey Gulch CWMF Estimated Construction Sequence Timetable(1) Schedule Work Item Days 1-3 Mobilization Days 1-3 Installation of Erosion/Sediment Control Measures Days 3- 12 Initial Site Phase Grading and Stockpiling Days 13- Waste Treament & Processing Phases Days 13- Maintenance of Erosion/Sediment Control Measures Day (TBD) Final reclamation grading & seeding Day (TBD) Maintenance and/or Removal of Erosion & Sediment Control Measures (1) Begins after application approval by Garfield County Section 4-203.E.11 — Permanent Stabilization Final stabilization of the site will occur after the waste processing phases are completed and the site decommissioned. Final reclamation is described in detail and shown on the Final Erosion Control Plan in Appendix A. Section 4-203.E.12 — Erosion Control Measures Erosion control measures are identified on the Construction Erosion Control Plan drawing for the site in Appendix B. Control measures specific to the construction of the include constructing runon/runoff diversion ditches, wattles, sedimentation traps and surface roughening. Section 4-203.E.13 — Estimated Costs The construction cost of the project is estimated at $250,000. Estimated cost for the installation and maintenance of soil erosion and sediment control is $18,000 annually. Fox Engineering Solutions, Inc. November 2020 Page 8 TEP Rocky Mountain LLC Starkey Gulch CWMF - Grading & Drainage Plan Section 4-203.E.14 — Calculations Surface water diversion structures will be constructed at the Starkey Gulch Centralized Waste Management Facility (CWMF) to accommodate storm water precipitation events. Runon and runoff control systems have been designed to prevent surface flow during peak discharges from the 100 -yr 24 -hr. precipitation event from entering the CWMF and to control onsite runoff. The Natural Resource Conservation Service customized soils report for the CWMF identifies 70% of the area as Nihill channery loam and the remaining 30% as Torriorthents-Camborthids-Rock outcrop complex. A copy of the NRCS soil report is included with this application. The Nihill channery loam is derived from sandstone and shale alluvium with a low available water capacity of 3.6 inches and a moderately high to high infiltration rate range of 0.60 to 6.0 inches per hour. This soil is classified as hydrologic soil Group A - having a high infiltration rate when thoroughly wet. NRCS identified the typical vertical profile as: H1 - 0 to 11 inches: channery loam H2 - 11 to 18 inches: very channery loam H3 -18 to 60 inches: stratified extremely channery sandy loam to extremely channery loam The Torriorthents-Camborthids-Rock outcrop complex is derived stony basaltic alluvium derived from sandstone and shale with a low available water capacity of 2.4 to 4.0 inches and a moderately high to high infiltration rate range of 0.06 to 0.20 inches per hour. This soil is classified as hydrologic soil Group D - having very slow infiltration rate when thoroughly wet. NRCS identified the typical vertical profile as: H1 - 0 to 4 inches: variable H2 - 4 to 30 inches: fine sandy loam H3 - 30 to 34 inches: unweathered bedrock The NRCS additionally reports that the soil at the facility is classified, under the Uniform Soils Classification System, as clayey gravel (GC). This soil has a reported average hydrologic group rating of C having a low to moderately high infiltration rate when thoroughly wet. For the 100 -yr 24 -hr storms the estimated post -construction runoff coefficient is 0.5. A number of control measures, formerly referred to as best management practices, and diversion structures have been designed to control runoff and runon resulting from precipitation events. Specific control measures, including erosion and sediment control structures, are identified in Terra Energy Partner's Construction Wide Stormwater Management Plan and Storm Water Discharge Permit. Control measures are shown in Appendix B including construction, interim and final storm water management plan drawings with diversion ditch sizes and capacities analyzed on the drawing entitled "Starkey Gulch Cuttings Management Facility Storm Water Controls Analysis". Fox Engineering Solutions, Inc. November 2020 Page 9 TEP Rocky Mountain LLC Starkey Gulch CWMF - Grading & Drainage Plan As noted on the Controls Analysis drawing, the Manning-Chezy open channel flow equation was utilized to estimate the flow capacity of the diversion ditches. This empirical formula incorporates the ditch configurations, slope and a roughness coefficient to estimate capacities. The Rational Method was utilized to estimate peak discharge flows from tributary areas. This methodology incorporates rainfall intensity from the 100 -yr 24 - hr precipitation event, a run-off coefficient as discussed and the contributing tributary surface area. Utilizing the National Oceanic and Atmospheric Administration's, NOAA Atlas 14 - Volume 8, Version 2, Point Precipitation Frequency report, for a 15 -minute time of concentration, the corresponding 100 -yr rainfall intensities is 4.06". From this rainfall event, control structure's estimated capacities and peak tributary run-off flows are summarized on the Controls Analysis drawing. Three disposal areas, delineated as Phases 1 through 3, will be utilized to store treated solid waste. Once a waste batch is treated and meets the required treatment levels of COGCC Table 910-1, an appropriately sized portion of the solids waste disposal area will be excavated to dispose of the batch of waste within the disposal boundary. The disposal area will only be excavated as treated materials become available and are ready for burial. Not excavating the entire storage area at once will minimize the amount of storm water that may come into contact with waste materials inside the area, and it will also reduce the amount of storm water that would otherwise collect inside a large excavation area requiring removal and/or further management. Section 4-203.E.15 — Neighboring Areas The Starkey Gulch CWMF is located within the boundaries of a +1200 acre tract of land owned by TEP Rocky Mountain LLC and will be accessed from an existing private road located on the TEP property. The Town of Parachute along with the confluence of Parachute Creek and the Colorado River are approximately 4.8 miles to the southeast. The gradient from the facility slopes downward to the northeast at a 3% grade to Parachute Creek. Parachute Creek flows to the south/southeast at a 1.5% grade to the Colorado River, sitting an elevation of approximately 5060 ft. MSL. The Roan Plateau rises abruptly to the north to an elevation of 7500 feet. Starkey Gulch is located 150 ft. to the south of the facility. Starkey Gulch is classified as an intermittent drainage while Parachute Creek is identified as a perennial stream. Formally irrigated meadows lie between the facility and Parachute Creek. The facility sits at the edge of an alluvial fan originating from the mouth of Starkey Gulch canyon. Topography, drainages, seeps/springs and other items are identified in Appendix C on the map entitled "Starkey Gulch Cuttings Management Facility — Surface Water Features Within 2 Miles. The map and data were obtained from the USGS National Hydrography Dataset. Ogden Tweto in his "Geologic Map of Colorado", dated 1979, identifies the facility area geologically as Wasatch Formation consisting of claystone, mudstone, sandstone and Fox Engineering Solutions, Inc. November 2020 Page 10 TEP Rocky Mountain LLC Starkey Gulch CWMF - Grading & Drainage Plan conglomerate. USGS Geologic Survey Bulletin 1274-M entitled "Paleocene and Lower Eocene Units in the Southern Part of the Piceance Creek Basin" by John R. Donnell, 1969, further identifies the underlying geology as the Douglas Creek Member of the Green River Formation and is graphical shown on the diagram below. Donnell shows the Douglas Creek Member as having a thickness of 400 to 500 feet and describes the Green River Formation as sedimentary rock. The subject area is located in Garfield County which has historically been used for cattle grazing, mining and natural gas extraction. Uses immediately adjacent to the facility include pasture irrigation, cattle grazing and natural gas extraction well pads. The surrounding area is currently utilized for active oil and gas development, pastures irrigation, cattle grazing and opens rangeland. Average annual precipitation, based on precipitation records from Rifle, Colorado is 11.62 inches. Average annual gross evaporation, based on NOAA Technical Report NWS — 33 is estimated to be 45.3 inches. Section 4-203.E.16 — Storm Water Management The site is a formally reclaimed drill cuttings handling facility with an original construction disturbance area of 5.98 acres. The proposed CWMF will utilized most of the 5.98 acres and include an additional 0.15 acres for a total disturbed area of 6.13 acres. Three disposal areas, delineated as Phases 1 through 3, will be utilized to store treated solid waste. Once a waste batch is treated and meets the COGCC Table 910-1 treatment concentration levels, an appropriately sized portion of the solids waste disposal area will be excavated to dispose of the batch of waste within the disposal boundary. The disposal area will only be excavated as treated materials become available and are ready for burial. Not excavating the entire storage area at once will minimize the amount of storm water that may come into contact with waste materials inside the area, and it will also reduce the amount of storm water that would otherwise collect inside a large excavation area requiring removal and/or further management. Water -borne sediment is the main potential pollutant of concern. The objective of erosion and sediment controls is to minimize the release of sediments during stormwater runoff. This can be accomplished through the use of both structural and nonstructural controls, as appropriate to the site. The Drainage and Erosion Control plans in Appendix B outlines the control measures, formerly known as BMPs, to be implemented for the construction of the Starkey Gulch CWMF. Sediment and stormwater management controls will be accomplished through a combination of construction techniques, vegetation management, and temporary or permanent structural features. Fox Engineering Solutions, Inc. November 2020 Page 11 TEP Rocky Mountain LLC Starkey Gulch CWMF - Grading & Drainage Plan Section 4-203.E.17 — Storm Water Management Plan Specific control measures, including erosion and sediment control structures, are identified in Terra Energy Partner's Construction Wide Stormwater Management Plan and Storm Water Discharge Permit. Control measures are shown in Appendix B and include construction, interim and final storm water management plan drawings with diversion ditch sizes and capacities analyzed on the drawing entitled "Starkey Gulch Cuttings Management Facility Storm Water Controls Analysis". Construction activities at the CWMF are included in TEP's Storm Water Management Plan, approved by the Colorado Department of Public Health and Environment under Permit No. COR404626. A copy of the permit is included in Appendix B. A copy of the Storm Water Management Plan is available upon request. Section 4-203.E.18 — Reclamation The duration of the operational phases of the CWMF are unknown and will depend on market factors affecting drilling schedules and subsequent reclamation activities. Final reclamation grades at decommissioning of the facility along with topsoil details and disturbance surface areas are shown in Appendix D. Stockpiled topsoil will placed over the disturbed areas and the surface mechanically roughened to reduce erosion and enhance seed germination. The area will then be seeded and hydro mulched with a Flexterra HP -FGM mulch or equivalent. Seed will be applied either in the early spring or late summer to provide the best moisture opportunities for successful germination. TEP will use a seed mix recommended by the BLM that will give reclaimed areas the best chance of withstanding invasion or encroachment of noxious weeds. These seed mixes and application rates are presented in Appendix D. Three disposal areas, delineated as Phases 1 through 3, will be utilized to store treated solid waste. Once a waste batch is treated and meets the COGCC Table 910-1 treatment concentration levels, an appropriately sized portion of the solids waste disposal area will be excavated to dispose of the batch of waste within the disposal boundary. The disposal area will only be excavated as treated materials become available and are ready for burial. Not excavating the entire storage area at once will minimize the duration of topsoil storage. Interim reclamation will be initiated during all phases of operations and is outlined on the Interim Erosion Control in Appendix C. A site specific map and vegetation & weed survey inventory is included in a report entitled Impact Analysis: Section 4-203.G.6 Environmental Impacts by Westwater Engineering as part of this Land Use Change Application and is referenced herein. The Westwater report indicates that weed species listed by the State of Colorado (2005) detected in the project area include cheatgrass (Bromus tectorum), bull thistle (Cirsium vulgare), and Tamarisk (Tamarix spp.) (Figure 2). Bull thistle and tamarisk are listed Fox Engineering Solutions, Inc. November 2020 Page 12 TEP Rocky Mountain LLC Starkey Gulch CWMF - Grading & Drainage Plan weeds in Garfield County (Garfield County 2020). TEP's Noxious Weed Management Plan is contained in Appendix D. Section 4-203.E.19 — Hydraulic Calculations Calculation methodologies for hydrologic and hydraulic structures are outlined in Section 4-203.E.14 above and are summarized on the Drainage Plan in Appendix B. Section 4-203.E.20 — Maintenance Requirements Control measures (BMPs) at the CWMF site will be utilized for erosion and sediment control during construction, interim and final reclamation. TEP is responsible for the maintenance of the control measures and will be maintained by both TEP's staff and/or its contractors. Under TEP's Strom Water Management Plan permit, inspections of the site are required every 14 days and after significant rainfall events. The primary control measures include the diversion ditches, wattles and sedimentation traps. Periodic maintenance will be required to ensure that the ditches, wattles and sedimentation traps are operational. All of the control measures (BMPs) will be inspected regularly as part of the Storm Water Management Plan. Estimated cost for the installation and maintenance of the control measures is $18,000 annually. Section 4-203.E.21 — SPCC Plan The Spill Prevention, Control and Countermeasures rules, as regulated by the U.S. Environmental Protection Agency under 40 CFR 112, apply to facilities that have an aggregate aboveground oil storage capacity greater than 1,320 U.S. gallons. Although there may be some temporary fuel storage on site for construction equipment, TEP will not be exceeding the 1320 gallon threshold. No formal SPCC plan is required. Any fuel stored temporarily at the site will have secondary containment. Section 4-203.E.22 — Additional Information or Detail This section is reserved for other information or data as may be reasonably required by the Garfield County Director. Section 4-203.E.23 — Signature Blocks Fox Engineering Solutions, Inc. November 2020 Page 13 TEP Rocky Mountain LLC Starkey Gulch CWMF - Grading & Drainage Plan A signature block acknowledging the owner's review and acceptance of responsibility is provided in this report. Signature block and stamped statement by the qualified individual preparing the Grading and Drainage Plan are also provided in this document. Fox Engineering Solutions, Inc. November 2020 Page 14 TEP Rocky Mountain LLC Starkey Gulch CWMF - Grading & Drainage Plan Appendix A Site Maps Fox Engineering Solutions, Inc. November 2020 Page 15 TEP Rocky Mountain LLC Starkey Gulch CWMF - Grading & Drainage Plan 0 0 B 0 0 4 0 0 LS 20133 Alum. Cap LS 16835 Alum. Cap U LS 22580 Alum. Cap cl C.5 lh 14 g o RI ; lh We a� vi ,3 ry ooyyk DW V .. 1 roe !:26! Mq �n } '6gflo 9/ ao m / �ti% ak o a.% Fox Engineering Solutions, Inc. November 2020 Page 16 TEP Rocky Mountain LLC Starkey Gulch CWMF - Grading & Drainage Plan S,TAf�KFY GULCH; CE1VTRALIZED WASTE\:;, MANAGEMENT FACILITY GRAPHIC SCAT E IN DEFT t INCH - 2000 rEE7 ACCESS DESCRIPTION: FROM THE INTERSECTION OF STATE HIGHWAY 6 AND COUNTY ROAD 215 AT PARACHUTE. PROCEED NORTHERLY ALONG COUNTY ROAD 215 ±3.9 MILES TO AN INTERSECTION WITH A DIRT/GRAVEL ROAD. PROCEED LEFT IN A SOUTHWESTERLY DIRECTION ±1.5 MILES TO AN INTERSECTION WITH A DIRT/GRAVEL ROAD. PROCEED RIGHT IN A NORTHERLY DIRECTION ±0.1 MILES TO THE STARKEY GULCH CENTRALIZED WASTE MANAGEMENT FACILITY LOCATION, AS SHOWN HEREON. P7,. (970) 625.2720 Fax (970/ 625-2773 BOOKCI,IFF Survt Services, Inc. SCALE: 1- - 2000' DATE: 2/11/20 PLAT: 3 of 5 PROJECT: TEP Valley Starkey Gulch Centralized Waste Management Facility ACCESS ROAD & TYPO MAP Fox Engineering Solutions, Inc. November 2020 Page 17 TEP Rocky Mountain LLC Starkey Gulch CWMF - Grading & Drainage Plan 'cY .y PUCi ETT 441 COINPA • fY Bargath LLC Easement 1•Receptlori #856814,. a• Legal Description: T6S R96 W, Seciron 28, Loi 10, Lot 12 Section 29. SESE Section 32. NENE Section 33, Lot 2. Lata WNW, SENW SWNE _iftirocc �. CEJ +1De' NEAT Legend • Starkey Gulch CWMF Site fi Access Route (1.54 Miles) Road (from Garfield County) — Existing Road Parcel Ownership Starkey Gulch CWMF Site Boundary Starkey Gulch Centralized Waste Management Facility Site Access Map October 29, 2020 s 0 500 1,000 2,000 Feet T 1Prbjedgcreen[elGrend Velley'5t1 ey Giidl CLl4AFlNsil j 2j5GafIo Courtt' LIUC OatuneMSLSiteAtcessMep.mxd Aialkersley 1029'2075 2.09.-03 PM Fox Engineering Solutions, Inc. November 2020 Page 18 TEP Rocky Mountain LLC Starkey Gulch CWMF - Grading & Drainage Plan 1 x _ X C I 1 .l 1 1 �` I 1 I.I I I. 1 Fox Engineering Solutions, Inc. November 2020 Page 19 TEP Rocky Mountain LLC Starkey Gulch CWMF - Grading & Drainage Plan Fox Engineering Solutions, Inc. November 2020 Page 20 TEP Rocky Mountain LLC Starkey Gulch CWMF - Grading & Drainage Plan lp �EE F xi N 1 F, 1 J I 11 61 FINN OHM] �!1 r.� 'I Fox Engineering Solutions, Inc. November 2020 Page 21 TEP Rocky Mountain LLC Starkey Gulch CWMF - Grading & Drainage Plan Fox Engineering Solutions, Inc. November 2020 Page 22 TEP Rocky Mountain LLC Starkey Gulch CWMF - Grading & Drainage Plan Appendix B Drainage & Erosion Control Plan Fox Engineering Solutions, Inc. November 2020 Page 23 TEP Rocky Mountain LLC Starkey Gulch CWMF - Grading & Drainage Plan TEP Rocky Mountain LLC Fox Engineering Solutions, Inc. November 2020 Page 24 TEP Rocky Mountain LLC Starkey Gulch CWMF - Grading & Drainage Plan 0 M r .P s.e a�� ❑ if �5fl "\; \ i 1 / 24" Dia. CMP 0 U m a3 Q O O O O _c c U 3 0 0 . 0: a c c o {c N t 7 N O: a p Diversion Ditch Flow Direction iii \ 0 0 N 0 N ro N -c r 0- U C 0 -0 c O U N 2 p o U « ) • O 2 Fox Engineering Solutions, Inc. November 2020 Page 25 TEP Rocky Mountain LLC Starkey Gulch CWMF - Grading & Drainage Plan Fox Engineering Solutions, Inc. November 2020 Page 26 TEP Rocky Mountain LLC Starkey Gulch CWMF - Grading & Drainage Plan Fox Engineering Solutions, Inc. November 2020 Page 27 TEP Rocky Mountain LLC Starkey Gulch CWMF - Grading & Drainage Plan Fox Engineering Solutions, Inc. November 2020 Page 28 TEP Rocky Mountain LLC Starkey Gulch CWMF - Grading & Drainage Plan COLORADO Department of Public Health b Environment CERTIFICATION TO DISCHARGE UNDER CDPS GENERAL PERMIT COR400000 STORMWATER ASSOCIATED WITH CONSTRUCTION ACTIVITIES Certification Number: COR404626 This Certification to Discharge specifically authorizes: Owner TEP Rocky Mountain LLC Operator TEP Rocky Mountain LLC to discharge stormwater from the facility identified as Grand Valley Field To the waters of the State of Colorado, including, but not limited to: to Colorado River Facility Activity : Gas/Oil Field Exploration and/or Development Disturbed Acres: 800 acres Facility Located at: See Map in File Uninc CO 81650 Garfield County Latitude 39.494 Longitude -108.11 Specific Information (if applicable): Certification is issued 4/1/2019 Certification is effective 4/1/2019 Expiration date of general permit : 3/31/2024 This certification under the permit requires that specific actions be performed at designated times. The certification holder is legally obligated to comply with all terms and conditions of the permit. This certification was approved by: Meg Parish, Unit Manager Permits Section Water Quality Control Division 4300 Cherry Creek Drive South, Denver, CO 80246 303-692-3500 www.coiarado.gov/cdphelwgcd Fox Engineering Solutions, Inc. November 2020 Page 29 TEP Rocky Mountain LLC Starkey Gulch CWMF - Grading & Drainage Plan Appendix C Surface Water Features Fox Engineering Solutions, Inc. November 2020 Page 30 TEP Rocky Mountain LLC Starkey Gulch CWMF - Grading & Drainage Plan • 0 e►1111i =t i}( Starkey Gulch Cutttings Management Facility 0 ALV 0 Ait I Y4{IB{k11iF5il— ! LEGEND Watershed Boundary Ephermal Stream • Spring/Seep • ..dl . ..;'• ryoKyMy }n 1 Starkey Gulch Cutting Management Facility Surface Water Features Within 2 Miles NE 1/4 NE 1/4 Sec. 32 T6S Range 96W Latitude: 39.4872 Longitude: -108.1266 Garfield County, Colorado Source: USGS National Hydrography Dataset Date: 2019-10-11 PE Review By: DJF PE Review Date: 2019-10-11 Fox Engineering Solutions, Inc. November 2020 Page 31 TEP Rocky Mountain LLC Starkey Gulch CWMF - Grading & Drainage Plan Appendix D Reclamation Fox Engineering Solutions, Inc. November 2020 Page 32 TEP Rocky Mountain LLC Starkey Gulch CWMF - Grading & Drainage Plan Fox Engineering Solutions, Inc. November 2020 Page 33 TEP Rocky Mountain LLC Starkey Gulch CWMF - Grading & Drainage Plan BLM COLORADO RIVER VALLEY FIELD OFFICE MENU -BASED NATIVE RECLAMATION SEED MIXES BY HABITAT TYPE (September 2017) All seed placed on public land shall be approved by the BLM and meet BLM standards for species and seeding rate for the specific habitat type within the project area. • Seed mix labels and test results shall be provided to the BLM for approval before application. • All seed shall be tested by a registered seed analyst for viability/gemination and noxious weeds at official state seed analysis lab. within one year of acceptance date. • Certification shall include a minimum germination rate of 80%, a minimum purity of 90%, source - identification, no noxious weed seeds and no more than 0.5% weight of other weed seeds. Mulch shall be certified weed free. (IM 2006-073) • For drill -seeding, small seeds (>500,000 per pound) must be packaged separately to allow for separate application and planted no deeper than 0.25 inch. • The seeding rates in the following tables are based on 60 pure live seeds (PLS) per square foot for drill seeding. This rate is doubled to 120 PLS per square foot for broadcast or hydroseeding. If hydroseeding/hydromulching, application of seeds and mulch shall be two separate steps. Table 1. Low Elevation Salt -Desert Shrub and Basin Big Sagebrush (8-12 inches precipitation) Common Name Species Name 1'ariety Seeds per Pound PLS lbs/acre Plant Three of the Following Grasses (15% of Mix Each, 45% Total) Bottiebrush squirreltail Elrmus eh°moides Fish Creek. Toe Jam Creek. Wapiti, 192.000 2.0 Indian Ricegrass Aclmathernm Ilymenoider Colorado/Utah source or Nezpar, Paloma, Ritnrock 141.000 8 Sand Dropseed (coarser soil) Sporobolus ct7 ptandrus UP* Dolores or Colorado'Utah source preferred 1.750,000 0.2 Alkali Sacaton (finer -alkaline soil) Sporobolus airoides Colorado/Utah source preferred 5,000.000 0.08 And Iwo of the Following Grasses (15% of Mix Each, 30% Total) Galleta Pleuraphis jamesii Colorado/Utah source preferred 159,000 2.5 Purple Three -awn Aristida purpu ea Colorado/Utah source preferred 275,000 1.4 Western Wheaterass Pasco t r ruu smitlrii P UP* variety or Arriba, Recovery, Rodan. Rosana 110.000 3.6 And One of the Following Shrubs (7.5% of Mix Each, 7.5% Total) Fourwing Saltbush Aniplex canescens Colorado/Utah source preterred 50,000 3.9 Gardiner Saltbush Ab•ipl'x garchreri Colorado/Utah source preferred 1 1 1.500 1.8 And One of the Following Shi uhs/Subshrubs (7.5% of Mix Each, 7.5% Total) Shadscale Saltbush Atriplar confertifolia ( ColoradoiUtah source preferred 60,000 3.3 Winterfat K ascheninnikoria Janata Colorado/Utah source preferred 123,000 1.6 And Four of the Following Forbs/Subshrubs (2.5% of Mix Each, 10% Total) Common Name Scientific ,Varve PLS Ibs/aere Common Name Scientific Name PLS Ibs/aere Broom Snakeweed Gutierrezia sarothrae 0.04 Scarlet Gilia Ipomopsis aggregata 0.18 Lewis Blue Flax Linum /ewisii 0.4 Scarier Globeniallow Splraeralcea coccinea 0.13 Rocky Mountain Beeplant Peritonrct serrulata 1.0 Western Yarrow Achillea millefolirrm 0.02 *Uncompahgre Project (UP), Kathy See, nativep ant@upartnership.or• , 970-240-9498, 970-901-8247 Fox Engineering Solutions, Inc. November 2020 Page 34 TEP Rocky Mountain LLC Starkey Gulch CWMF - Grading & Drainage Plan Terra Energy Partners, Rocky Mountain LLC Fox Engineering Solutions, Inc. November 2020 Page 35 TEP Rocky Mountain LLC Starkey Gulch CWMF - Grading & Drainage Plan Noxious weed infestations may occur on lands that fall within Terra. Energy Partners, LLC (TEP) lease boundaries. These areas include well pads, lease roads, disturbed sites, reclaimed sites, as well as some undisturbed areas. In order to minimize impacts that may result from the presence of noxious weeds, improve reclamation success, and ensure good land stewardship, TEP has adopted the following Integrated Noxious Weed Management Plan. The Weed management plan is designed to bring TEP into compliance with the Colorado Noxious Weed Act (C.R.S. Title 35, Article 5.5), Colorado Oil Et Gas Conservation Act, the Rio Blanco County Noxious Weed Management Plan, and the BLM GoLd Book. Weed Management activities will primarily focus on the Colorado Noxious Weed List and the Rio Blanco County Noxious Weed List (see List below). TEP's Integrated Weed Management plan will focus four key components of weed management. • Prevention • Inventory and Mapping • Weed Control • Monitoring Prevention - Prevention is a key component of the TEP weed management program. TEP addresses prevention in the planning, development, and operations phases of field development. TEP tries to avoid or limit ground disturbance activities when practical. If ground disturbing activities cannot be avoided, TEP tries to plan development that will avoid identified weed infestation or areas where weed establishment may be more optimal if this is practical to operations. If ground disturbing activities do occur, TEP uses temporary or permanent seed mixes that help to develop healthy stands of vegetation that can be self sustaining and deter the establishment of invasive species. Inventory and Mapping - TEP uses various means to inventory noxious weeds that fall within its lease boundaries. First, members of TEP Environmental staff are trained in weed identification and note noxious weed occurrences when they are completing field work. Second, the environmental staff works to educate field operations staff to identify weed infestations so that they can also document infestations and inform environmental staff where those infestations occur. If operations personnel are unsure of a suspected infestation, they contact the Environmental staff, and the suspected infestation is then investigated before it is documented. Third, TEP hires a Certified Weed Applicator to do its bare ground and noxious weed spraying. While the Applicator is conducting their annual spraying activities they are required to GPS infestations they find and treat for a company inventory and also for annual reporting. Lastly, many of the Lands that TEP operates on are also used for livestock grazing or agricultural purposes and TEP works with the lessees to document weed infestations that the lessees may identify. Weed Control - TEP uses an Integrated Weed Management Approach For the control of identified noxious weed infestations. This is made up of four control methods_ These include Cultural, Mechanical, Biological, and Chemical. • Cultural - Cultural control is the use of management practices that will help to favor the growth of desirable species over undesirable species. This establishment is accomplished by using appropriate seed mixes that reflect the surrounding area or species that have been developed and are approved Fox Engineering Solutions, Inc. November 2020 Page 36 TEP Rocky Mountain LLC Starkey Gulch CWMF - Grading & Drainage Plan for rapid stabilization of a site. Purchased seed and mulch is certified weed free to decrease the opportunity for noxious weed species to be introduced into disturbed sites. • Mechanical - Mechanical controls methods most often used by TEP include the following. Mowing, tillage, and hand pulling. However, because mechanical methods tend to be fairly Labor intensive and cost prohibitive, it is not typically a preferred method but can be used in sensitive areas or areas where topography or other environmental factors may be considered prohibitive. • Biological - Biological Control Methods are the release of organisms that are known to be effective in controlling specific weed species. This method may be chosen if there is a heavy infestation of a specific species on a site. TEP will consult with the Colorado Department of Agriculture insectary located in Palisade, Colorado when exploring control options. The BLM will also be consulted if this method is being considered on federally controlled lands. • Chemical - Chemical control is the use of herbicides to control weed populations. This is the primary weed control method used by TEP, TEP annually contracts a Certified Commercial applicator to apply herbicides on lease acreage. Both bare ground and noxious weed applications occur throughout spring, summer, and fall. TEP encourages the use of spot spray application on lease land to ensure vegetation diversity components are maintained. Broadcast applications are only used if a weed infestation is extremely heavy and has created a monoculture in the infested area. The use of appropriate PPE, pesticide storage, pesticide handling, spray mixtures and application rates will occur on TEP lease acreage. Monitoring - Areas where noxious weed infestations are identified and treated will be inspected over time to ensure that control methods are working to reduce and suppress the identified infestation. The sites will be monitored until the infestations are eliminated or reduced to acceptable levels. These inspections will be used to prioritize future weed control efforts. Fox Engineering Solutions, Inc. November 2020 Page 37 TEP Rocky Mountain LLC Starkey Gulch CWMF - Grading & Drainage Plan GARFIELD COUNTY NOXIOUS WEED LIST Common Name • Leafy spurge • Russian knapweed • Yellow starthistle • Plumeless thistle • Houndstongue • Common burdock • Scotch thistle • Canada thistle • Spotted knapweed • i7 if fuse knapweed • Dalmatian toadflax • Yellow toadflax • Hoary cress/White top • Saltredar • SaLtcedar • Oxeye Daisy • Jointed Goatgrass • Chicory • Musk thistle • Purple loosestrife • Russian olive Scientific Name Euphorbia esula Acroptiton repens Centaurea solstitalis Carduus ocanthoides Cynoglossum officinale Arctium minus Onopordum acanthium Cirsium arvense Centaurea moculosa Centaurea diffusa l_inaria dalmatica Linaria vulgaris Cardaria draba Tamarix parviflora Tamarix ramosissima Chrysanthemum leucontheum Aegilops cylindrical Cichorium intybus Carduus nutans Lythrum salicaria l:taeagnus angustifolla Colorado Listed B A 8 6 C E S S S 8 8 8 8 8 8 B C 8 A 8 RIO BLANCO COUNTY NOXIOUS WEED LIST • Black henbane • Canada thistle • Common burdock • Common mullein • Dalmatian toadflax • Diffuse knapweed • Field bindweed • Halogeton • Hoary cress /White top • Houndstongue • Leafy spurge • Musk tlrlstle • Perennial pepperweed • PLumeless thistle • Russian knapweed • Scotch thistle • Spotted knapweed • Yellow toadflax Hyoscyamus Niger Cirsium arvense Arcttum minus Verbascum thapsus Linaria genistifolia ssp.datmatica Centaurea diffusa Convolvulus arvensis Halogeton gLomeratus Cardaria draba CynogLossum officlnale Euphorbia esula Carduus nutans Lepidium lat}folium Carduus acanthoides Centaurea repens Onopordum acanthium and tauricum Centaurea macutosa Linaria vulgaris B C C B B C C B B B B B B B Fox Engineering Solutions, Inc. November 2020 Page 38 TEP Rocky Mountain LLC November 2020 4-203.F. Landscape Plan — Waiver Requested The Starkey Gulch Waste Management Facility is designated as Industrial Use, and therefore under section 4-202, Waiver of Submission Requirements, TEP is requesting a waiver from submitting a Landscape Plan. TEP Rocky Mountain LLC is seeking approval of a Form 2A — Oil and Gas Location Assessment Permit — and Form 28 — E&P Waste Management Permit — from the Colorado Oil and Gas Conservation Commission (COGCC) for the location. Upon approval of the Form 2A the location will be subject to COGCC's reclamation requirements under COGCC Rule 1001. The location will be constructed and stabilized per COGCC rules to support drill cuttings waste and disposal operations. TEP is requesting a waiver from submitting a landscape plan in lieu of requirements established by COGCC, which are more stringent and appropriate for the requested land use. Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC November 2020 4-203.G. Impact Analysis 1. Adjacent Land Use — Adjacent land use and neighboring properties within 1,500 feet of the location include the subject parcel owned by the applicantand private land owned by Pucket Land Company. See the map in Impact Analysis Appendix A of this report. 2. Site Features — Refer to the Impact Analysis Report provided by WestWater Engineering, Inc. ("WestWater") under Impact Analysis Appendix B. 3. Soil Characteristics — Please refer to the Impact Analysis Report provided by WestWater under Impact Analysis Appendix B. Additionally please refer to the NRCS report under Impact Analysis Appendix C. 4. Geology and Hazard — Please refer to the report provided by Fox Engineering Solutions (FES) in Impact Analysis Appendix D. 5. Groundwater and Aquifer Recharge Areas — Please refer to the report provided by FES, Impact Analysis Appendix E. 6. Environmental Impacts — Refer to the Impact Analysis Report provided by WestWater under Impact Analysis Appendix B. 7. Nuisance — a. Dust, odors, gas, fumes, and glare — Please refer to the Starkey Gulch Waste Management Facility Operating Plan in Impact Analysis Appendix G for information pertaining to dust, odor and other nuisances. Also, please see 2D Viewshed Analysis Appendix H-7 as supporting documentation. b. Noise — Please refer to the Noise Analysis Impact Analysis Appendix F of this report for supporting documentation. Also refer to the Starkey Gulch Waste Management Facility Operating Plan Impact Analysis Appendix G. c. Vibration — No vibration is expected from the operation of the facility beyond normal traffic impacts. 8. Hours of Operation — Please refer to the Starkey Gulch Waste Management Facility Operating Plan Impact Analysis Appendix G. Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC November 2020 Impact Analysis Appendix A Adjacent Land Use & Neighboring Properties within 1,500 feet Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review Legend • Starkey Gulch CWMF Site 1500 ft. Buffer (from Site) Starkey Gulch CWMF Site Boundary Existing Road Parcel Ownership (from Garfield County) Starkey Gulch Centralized Public Lands Waste Management Facility Resource Lands Adjacent Land Use & Neighboring Properties within 1500ft. October 29, 2020 0 250 500 1,000 Feet T\Projects\Piceance\Grand Valley\Starkey Gulch CWMF\Visit (2)\Garfield County LUC Documents\AdjacentLandUse.mxd ATankersley 10/29/2020 9:27:38 AM TEP Rocky Mountain LLC November 2020 Impact Analysis Appendix B Starkey Gulch Centralized Waste Management Facility Impact Analysis: Article 4-203G.6. Environmental Impacts, Garfield County Land Use Development Code, prepared by WestWater Engineering, Inc. Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review TERRA ENERGY PARTNERS STARKEY GULCH CENTRALIZED WASTE MANAGEMENT FACILITY IMPACT ANALYSIS: ARTICLE 4-203.G.6 ENVIRONMENTAL IMPACTS GARFIELD COUNTY LAND USE AND DEVELOPMENT CODE Cover photo: View of the reclaimed site of the proposed Starkey Gulch Centralized Waste Management Facility Prepared for: Terra Energy Partners 1058 County Road 215 Parachute, CO 81635 Prepared by: WestWater Engineering, Inc. 2516 Foresight Cr. #1 Grand Junction, CO 81505 Leah Weckworth, Environmental Scientist/Project Manager October 2020 INTRODUCTION Project Description At the request of Terra Energy Partners (TEP), WestWater Engineering (WestWater) has prepared this environmental impact analysis report for the proposed Starkey Gulch Centralized Waste Management Facility (CWMF) that would be located on privately owned lands in Garfield County, Colorado. The proposed project location consists of a previously disturbed site which has recently been reclaimed. This document reports the results and analysis of the findings that are pertinent to Article 9-203.G.6 of the Garfield County Land Use and Development Code (as amended) as it applies to this project. The project would be located in Sections 29 and 32, Township 6 South, Range 96 West (Figure 1). Access to the project area is available via Garfield County Road 215 and private access roads. The current land uses surrounding the site include rangeland, agriculture, wildlife habitat, and oil and gas development. Survey Methods The project area was evaluated for the potential occurrence of special status plants and wildlife, raptors, noxious weeds, and potential Army Corps of Engineers (COE) jurisdictional Waters of the U.S. (WoUS) by WestWater biologists March 25-28, 2019. The surveys were completed early in the growing season for sensitive plants and noxious weeds as well as the nesting season for migratory birds. Vegetation types were determined through aerial photography and on -the -ground assessments. Plant species identification was aided by using pertinent published field guides (Ackerfield, 2015, Spackman et al. 1997, Kershaw et al. 1998, Whitson et al. 2001, CWMA 2007, Weber and Wittmann 2012). Mapped soil types, as published by the Natural Resources Conservation Service (NRCS), U.S. Department of Agriculture (USDA), were reviewed to determine the soil types and expected natural vegetation characteristics at the project site (NRCS 2020). Data locations were recorded using handheld Global Positioning System (GPS) units (Datum: NAD83, Zone 13) and photographs were taken of the habitat, terrain, and biological features found during the survey. Surveys/habitat assessments for threatened and endangered plant species were conducted in conjunction with noxious weed and wildlife surveys. Noxious weed infestations within 30 meters of project features were documented and are displayed on Figure 2. Threatened and endangered wildlife surveys and raptor nest surveys were conducted in suitable habitats for these species within 0.25 mile of project features. Biologists selected pedestrian routes that would ensure adequate coverage of all suitable potential raptor nest trees; there are no potential cliff nest sites nearby. Woodland nesting habitat was surveyed at approximately 50 meter intervals while visually inspecting trees for nests. Biologists selected routes that would ensure adequate coverage of all suitable raptor nest trees. ARTICLE 4-203.G.6 — ENVIRONMENTAL IMPACTS EXISTING ENVIRONMENTAL CONDITIONS WATERS OF THE U.S. — Army Corps of Engineers Waters of the U.S. include wetlands and drainages under the jurisdiction of the U.S. Army Corps of Engineers (USACE). Perennial, intermittent, and ephemeral streams and drainages, as indicated on U.S. Geological Survey mapping, are considered WoUS if they exhibit evidence of flow (i.e. ordinary high water mark) and are hydrologically connected to a perennial stream. In addition to hydrology, a WestWater Engineering Page 1 of 14 October 2020 jurisdictional wetland will also demonstrate the unique soil and vegetation characteristics that result from inundation or saturation. WestWater biologists surveyed the area for aquatic resources including wetlands and WoUS crossings that would fall under the jurisdiction of the USACE in conjunction with other surveys that were conducted for this report. No potential WoUS locations or jurisdictional wetlands would be affected by the project as analyzed for this report. The nearest WoUS to the project site is Starkey Gulch, which is located across the road from the proposed CWMF. VEGETATION Vegetation communities in the project area have been disturbed by agriculture and natural gas development including the prior disturbance of the entire proposed project footprint. Vegetation communities present in the greater survey area consist of a mixture of sagebrush shrublands, reclaimed areas re -seeded with native and non-native grasses and forbs, scattered pinyon juniper woodlands and mountain shrubs, and the riparian corridor along Starkey Gulch. Pinyon juniper woodlands are dominated by Utah juniper (Juniperus osteosperma) and occasional pinyon pine (Pinus edulis), with an open understory composed of sagebrush, forbs, and grasses. The mountain shrubs present are primarily Gambel oak (Quercus gambelii) and Saskatoon serviceberry (Amelanchier alnifolia). A list of common plants observed and/or known to occur in the greater survey area is provided in Table 1. Table 1. Common plant species occurring in the project area. Common Name Scientific Name Abundance* Habitat Type Grasses Annual wheatgrass Eremopyrum triticeum xx Disturbed areas, Desert shrublands Cheatgrass Bromus tectorum xxx Disturbed areas, Desert shrublands Galletagrass Pleuraphis jamesii x Desert shrublands Indian ricegrass Achnatherum hymenoides xx Desert shrublands Saline wildrye Leymus salinus xxx Desert shrublands, Pinyon/Juniper Forbs Brittle prickly pear Opuntia fragilis xx Pinyon/Juniper Bulbous springparsley Cymopterus bulbosus xx Desert shrublands Kingcup cactus Echinocereus triglochidiatus x Pinyon/Juniper, Desert shrublands Curlycup gumweed Grindelia squarrosa x Desert shrublands/disturbed Hoary townsend daisy Townsendia incana xx Pinyon/Juniper, Desert shrublands Long -leaf phlox Phlox longifolia x Desert shrublands Mountain pepperweed Lepidium montanum xxx Pinyon/Juniper, Desert shrublands Pointtip twinpod Phys aria floribunda xx Desert shrublands Prince's plume Stanleya pinnata xx Pinyon/Juniper Rockcress Arabis sp. xxx Pinyon/Juniper Spiny phlox Phlox hoodii xx Pinyon/Juniper, WestWater Engineering Page 2 of 14 October 2020 Table 1. Common plant species occurring in the project area. Common Name Scientific Name Abundance* Habitat Type Sclerocactus glaucus DeBeque phacelia Phacelia submutica Desert shrublands Onion Allium sp. xx Desert shrublands Utah sweetvetch Hedysarum boreale x Pinyon/Juniper, Desert shrublands Yellow milkvetch Astragalus flavus xxx Desert shrublands Shrubs/Trees Alderleaf mountain mahogany Cercocarpus montanus x Desert shrublands, Pinyon/Juniper Big sagebrush Artemisia tridentata x Pinyon/Juniper, Desert shrublands Black sagebrush Artemisia nova xx Desert shrublands Broom snakeweed Gutierrezia sarothrae xx Desert shrublands Four -winged saltbush Atriplex canescens xx Desert shrublands, reclaimed areas Gambel oak Quercus gambelii x Riparian, Pinyon Juniper Longflower rabbitbrush Chrysothamnus depressus xx Desert shrublands Narrowleaf cottonwood Populus angustifolia x Riparian Pinyon pine Pinus edulis x Pinyon/Juniper Saskatoon serviceberry Amelanchier alnifolia x Pinyon/Juniper Shadscale saltbush Atriplex confertifolia xx Desert shrublands Utah juniper Juniperus osteosperma xxx Pinyon/Juniper *Abundance: x = uncommon occurrence, xx= moderate occurrence, xxx= common occurrence Bold = non-native species Threatened, Endangered, and Candidate Plant Species The occurrence and distribution of special status plants in this region are strongly influenced by geologic formations and the resulting soil types present in an area. Threatened, Endangered, and Candidate plants known to occur in Garfield County are listed in Table 2 (USFWS 2020a). Table 2. Threatened, Endangered, and Candidate plants occurring in Garfield County. Common Name Scientific Name Status Threatened Colorado hookless cactus Sclerocactus glaucus DeBeque phacelia Phacelia submutica Threatened Parachute beardtongue Penstemon debilis Threatened Ute ladies' -tresses orchid Spiranthes diluvialis Threatened No special status species of plants were detected during the survey and none are expected to be affected by the project. A review of the available literature, evaluation of soils and terrain at project site, and previous WestWater surveys indicated that no known populations of these plants exist nearby. WestWater Engineering Page 3 of 14 October 2020 Noxious Weeds Weed species listed by the State of Colorado (2005) detected in the project area include cheatgrass (Bromus tectorum), bull thistle (Cirsium vulgare), and Tamarisk (Tamarix spp.) (Figure 2). Bull thistle and tamarisk are listed weeds in Garfield County (Garfield County 2020). WILDLIFE Threatened, Endangered, and Candidate Wildlife Species Federally listed threatened, endangered, and candidate wildlife species with potential to occur in Garfield County are listed in Table 3 (USFWS 2020a). Table 3. Federally listed threatened, endangered, and candidate wildlife species for Garfield County. ommon Name Scientific Name Status Bonytail Gila elegans Endangered Canada lynx Lynx canadensis Threatened Colorado pikeminnow Ptychocheilus lucius Endangered Greenback cutthroat trout* Oncorhynchus clarki stomias Threatened Humpback chub Gila cypha Endangered Mexican spotted owl Strix occidentalis lucida Threatened Razorback sucker Xyrauchen texanus Endangered Yellow -billed cuckoo Coccyzus americanus Candidate * Recent genetic studies indicate that pure greenback cutthroat trout likely do not exist in western Colorado. Until the review and rulemaking process is complete, the U.S. Fish and Wildlife Service is recommending that "Lineage GB" cutthroat trout be managed as greenback cutthroat (USFWS 2012) There is no suitable habitat in the project area or surrounding area for Canada lynx, Mexican Spotted Owl, North American Wolverine, or Yellow -billed Cuckoo. The project area drains to the Colorado River, which is designated critical habitat for Colorado pikeminnow and razorback sucker at the Parachute Creek confluence, and has designated critical habitat for bonytail and humpback chub further downstream. Increased sedimentation, introduction of pollutants, or water depletions could affect aquatic habitats downstream towards the Utah state line. Raptors Several raptor species could nest in the project area (Table 4). Nesting season for raptor species in this area begins in January for eagles and continues through mid-August for some hawks. The most common raptor species observed in the area include American Kestrel, Cooper's Hawk, Golden Eagle, Great Horned Owl, and Red-tailed Hawk. Table 4. Raptor species that may be present near the nroiect area. Common Name Scientific Name BCC* American Kestrel Falco sparverius No Cooper's Hawk Accipiter cooperii No Flammulated Owl Otus flammeolus Yes Great Horned Owl Bubo virginianus No Long-eared Owl Asio otus No Northern Goshawk Accipiter gentilis Yes Northern Harrier Circus cyaneus No WestWater Engineering Page 4 of 14 October 2020 Table 4. Raptor species that may be present near the nroiect area. Common Name Scientific Name BCC* Northern Pygmy Owl Glaucidium gnoma No Northern Saw -whet Owl Aegolius acadicus No Red-tailed Hawk Buteo jamaicensis No Sharp -shinned Hawk Accipiter striatus No Swainson's Hawk Buteo swainsoni No *BCC=U.S. Fish and Wildlife Service, Bird of Conservation Concern (USFWS 2008) + State species of concern (CPW 2020b) No raptor nests were observed within the survey area for the proposed CWMF (Figure 3). An active Great Blue Heron rookery with five nests in two cottonwoods was observed approximately 634 meters east of the proposed facility in the riparian corridor along Parachute Creek. The heron rookery is outside of the 0.25 -mile raptor survey as shown on Figure 3. No nests would be impacted by the project. Long-term impacts resulting from project development would be unlikely because the area is previously disturbed and currently experiences significant human activity. Indirect effects could occur if nesting raptors choose to occupy the area when no activity is occurring at the site, and partway through the nesting season, waste management activities are resumed. Recommendations — If project construction is delayed beyond the beginning of the 2021 nesting season, it is recommended that a survey be completed prior to project construction activities by a qualified biologist. Birds of Conservation Concern, Migratory, and Non -migratory Birds (other than raptors) WestWater biologists evaluated habitat in the project area for bird species that could be affected by the project. Birds of Conservation Concern (BCC) (USFWS 2008) have been identified by the U.S. Fish and Wildlife Service (USFWS) for priority conservation management in an attempt to prevent or remove the need to list additional species under the Endangered Species Act (USFWS 2020b). The survey was conducted during the nesting season for passerine bird species. A literature review was conducted to identify BCC species with potential to occur in the project area (Table 5) (Andrews & Righter 1992, Wickersham 2016, Righter et al 2004). Table 5. BCC that may occur in the nroiect area. Common Name Scientific Name Status Habitat Description Potential to Occur Brewer's Sparrow Spizella breweri BCC Expansive sagebrush shrublands; occasionally found in greasewood or other shrublands Marginal nesting habitat exists in the greater project area. Cassin's Finch Carpodacus cassinii BCC Nests in conifer forests and may occur in pinyon/juniper woodlands, cottonwood stands and aspen groves. Suitable habitat exists in the greater project area. Gray Vireo Vireo vicinior BCC Open pinyon juniper woodlands from 4,500 to 6,500 -feet in elevation. Suitable habitat exists in the greater project area. Great Blue Heron Ardea herodias N/A Occurs along the shores of open water and in wetlands along both freshwater and saltwater habitats. Rookery occurs approximately 634 meters to the east of the proposed CWMF. WestWater Engineering Page 5of14 October 2020 Table 5. BCC that may occur in the nroiect area. Common Name Scientific Name Status Habitat Description Potential to Occur Juniper Titmouse Baeolophus griseus BCC Pinyon juniper woodlands. Has been observed nearby; suitable habitat exists in the greater project area. Lewis's Woodpecker Melanerpes lewis BCC Open conifer forests, riparian areas, or burns where they can forage for flying insects. Primarily nests in cottonwoods. Suitable habitat exists near the project area within the riparian corridor along Parachute Creek. Pinyon Jay Gymnorhinus cyanocephalus BCC Pinyon/juniper woodlands. Year-round resident in western Colorado. Observed in the greater project area during surveys; however, no nests were encountered. Western Yellow- billed Cuckoo Coccyzus americanus T* SC* Nest in wooded habitat with dense cover and water nearby, including woodlands with low, scrubby vegetation such as willows along rivers. Unlikely; Cottonwood galleries along Parachute Creek are sparse, not continuous, and lack a dense understory. *T = Federally Threatened *SC = State Special Concern Suitable nesting habitat for migratory bird species, including BCC species, would not be directly affected by the project because all project features would be constructed within existing disturbance. Noise and traffic associated with the facility may affect bird species that would otherwise nest nearby, causing them to relocate further from the facility. Recommendations — U.S. Fish and Wildlife Service guidance indicates that developments can affect nesting migratory birds within 100 -feet of a project and indirect effects related to the project could include the disruption of nesting and brood rearing activities if project construction occurs during the nesting season. To reduce negative effects, project construction could be scheduled to occur outside of the nesting season, which is generally considered to occur between May 15 and July 15 for the species in this area. If project construction occurs outside of nesting season, affected birds will relocate to alternate sites in subsequent years. American Elk and Mule Deer The project would be located within an elk winter concentration area and mule deer severe winter range and winter concentration area (CPW 2020a) (Figure 4). The project area provides good habitat for deer and elk. The proposed CWMF would be constructed on existing disturbance surrounded by ROWs, access roads, and would be in the vicinity of well pad locations and agricultural fields. Because of these existing landscape modifications, much of the native vegetation in the project area has been altered. Deer and elk populations have become somewhat habituated to human activity in the area and indirect impacts from construction of this project would be low. No migration corridors will be affected. The nearest mapped elk and deer migration corridors are approximately three and six miles away, respectively (CPW 2020a). Vehicle related mortality attributable to this project is unlikely given the current traffic volumes and generally low speed limits on the existing roads. WestWater Engineering Page 6 of 14 October 2020 Black Bear and Mountain Lion CPW mapping shows the site to be outside of black bear and mountain lion human conflict areas (CPW 2020a). Affects to mountain lion are unlikely. Potential bear encounters could occur if garbage or food is not properly managed during construction. Interactions with humans sometimes result in the euthanasia of offending bears by the CPW and would be the most conceivable potential impact on either species. All garbage and food items should be stored in bear -proof receptacles and/or removed from the site on a daily basis to prevent attracting bears to the site. Small Mammals Common small mammal species in the project area include coyote (Canis latrans) and cottontail (Sylvilagus spp.). Northern pocket gophers (Thamomys talpoides) are known to occur in the area and a multitude of additional rodent species may occur (Fitzgerald et. al. 2011). Townsend's big -eared bat (State species of concern— Corynorhinus townsendii pallescens) and several other bat species may occupy the area seasonally, but no bats were observed. Reptiles Midget faded rattlesnake (State species of concern— Crotalus viridis concolor) has potential to occur in the project area. Other species of reptiles within the project area may include western terrestrial garter snake (Thamnophis elegans), gopher (bull) snake (Pituophis catenifer sayi), side -blotched lizard (Uta stansburiana), plateau striped whiptail (Cnemidophorus velox), sagebrush lizard (Sceloporus graciosus), tree lizard (Urosaurus ornatus), and western whiptail (Cnemidophorus tigris), among others (Hammerson 1999). Aquatic Species Northern leopard frogs (State species of concern — Rana pipiens) are known to occur in the Parachute Creek valley; however, none were encountered during surveys. Great Basin spadefoot likely occur in the project area, as Starkey Gulch provides suitable breeding habitat, and foraging habitat is available in the juniper woodlands and sagebrush shrublands. There is potential that aquatic wildlife downstream could be affected by increased sedimentation and potential spills from chemicals stored on site. ARTICLE 4-203.G.6(a) - DETERMINATION OF LONG AND SHORT-TERM EFFECTS ON FLORA AND FAUNA FLORA The Starkey Gulch CWMF would be constructed within an existing disturbance where native vegetation was previously cleared. This strategy will serve to reduce cumulative loss and fragmentation of native vegetation and is a good mitigation technique. The best method to mitigate the loss of native vegetation is by reclaiming and reseeding the disturbance area with a native seed mix. Revegetation with native species provides the greatest benefit for wildlife. FAUNA T&E wildlife: The proposed project would not be located in potential habitat for any T&E mammals or birds. The project area drains to the Colorado River which provides Critical Habitat for four species of endangered fish. Sedimentation, pollution, or water depletions may have an indirect effect on these species if they occur. It is recommended that a stormwater management plan and spill prevention, control, and countermeasure plan are implemented to prevent increased sedimentation and spills from reaching downstream waterways. WestWater Engineering Page 7 of 14 October 2020 Raptors No raptor nesting habitat will be directly affected. There is a low possibility for long term effects beyond the loss of foraging habitat within the footprint of the proposed project, which has already occurred. Short term effects may include temporary displacement of raptors in an avoidance area immediately surrounding the CWMF site due to increased human presence and equipment activity associated with operation of the facility. Long-term impacts resulting from project development would be unlikely because the area is previously disturbed and currently experiences significant human activity. Indirect effects could occur depending on noise and activity levels associated with the operation of the facility, though most of the raptor nesting habitat present within 0.25 mile of the proposed facility is already within 0.25 mile of other active oil & gas operations. American Elk and Mule Deer The CWMF would be located on existing disturbance and would not further fragment existing habitat for elk and mule deer. No migration corridors would be affected. Big game species winter in the project area but the presence of the CWMF would not be expected to affect movement patterns. Due to other developments in the area, deer and elk have become somewhat habituated to human activity and the indirect effects of avoidance and displacement have decreased. The increased vehicle traffic could result in vehicle related wildlife mortality, although additional traffic resulting from this project would contribute minimally given current use of the existing road system. Traffic volumes and speed on the roads accessing the site are unlikely to result in significant big game mortality from vehicles. If the site will not be completely fenced to exclude wildlife, construction of a suitable escape route within the working area of the facility will prevent any concerns about entrapment of big game within the facility perimeter. Black Bear Potential encounters of black bear with personnel could occur if garbage or food is not properly secured, and human -black bear interactions sometimes result in the euthanasia of offending bears by the CPW. An increase in traffic could result in vehicle related mortalities, although the contribution from this project is expected to be low. Small Mammals, Birds (BCC), and Reptiles The CWMF would be located on existing disturbance and would not further fragment existing habitat. Human presence and activity may affect animal distribution. An increase in traffic could result in vehicle related mortalities, although the contribution from this project is expected to be low. ARTICLE 4-203.G.6(b) — DETERMINATION OF THE EFFECT ON SIGNIFICANT ENVIRONMENTAL RESOURCES, INCLUDING CRITICAL WILDLIFE HABITAT Placement of this project within the boundaries of an existing disturbance has resulted in avoidance of additional contributions to cumulative effects of native habitat alteration and fragmentation in the region. The development of the project is not expected to significantly affect any critical environmental resources. ARTICLE 4-203.G.6(c) — IMPACTS ON WILDLIFE AND DOMESTIC ANIMALS • Creation of hazardous conditions: The CWMF will not be fenced to prevent wildlife from entering, but an adequate escape ramp will prevent wildlife from becoming trapped within the perimeter. The inherent risks to wildlife associated with the proposed operation are low. WestWater Engineering Page 8 of 14 October 2020 • Indirect Construction Effects: Additional human presence and activity related to construction and operation of the facility may influence spatial and temporal use of habitat surrounding the project by wildlife. Since the site exists within and adjacent to significant and long-term human presence, the additional disturbance from this project is expected to be low. • Road -kill: Speed limits are set low and most wildlife in the area has become habituated to vehicle traffic. The potential for vehicle related mortalities related to this project should be low. REFERENCES Ackerfield, J. 2015. Flora of Colorado. Botanical Research Institute of Texas, Fort Worth, Texas. Andrews, R., and R. Righter. 1992. Colorado Birds: A Reference to Their Distribution and Habitat. Denver Museum of Natural History. Denver. CPW. 2020a. CPW All Species Activity Mapping Data available online at: http://www.arcgis.com/home/item.html?id=190573c5aba643a0bc058e6f7f0510b7. Colorado Parks and Wildlife. CPW. 2020b. State of Colorado species of concern list. Available online: http: //wildlife. state. co.us/WildlifeSpecies/SpeciesOfConcern/Pages/SpeciesOfConcernl . aspx CWMA. 2007. S. Anthony, T. D'Amato, A. Doran, S. Elzinga, J. Powell, I. Schonle, K. Uhing. Noxious Weeds of Colorado, Ninth Edition. Colorado Weed Management Association, Centennial. Fitzgerald, J.P., C.A. Meaney and D.M. Armstrong. 2011. Mammals of Colorado, Denver Museum of Natural History and University Press of Colorado, Denver. Garfield County. 2020. Vegetation Management Section — Noxious Weed List. Available online: http://www.garfield-county.com/vegetation-management/noxious-weed-list.aspx. Rifle. Hammerson, G. A. 1999. Amphibians and Reptiles in Colorado, Second Edition. Colorado Division of Wildlife, Denver. Hanophy, W. 2009. Fencing with Wildlife in Mind. Colorado Division of Wildlife. Denver. Available online: http://wildlife. state.co.us/SiteCollectionDocuments/DOW/LandWater/PrivateLandProgra ms/DOWFencingWithWildlifelnMind.pdf Kershaw, L., A. MacKinnon, and J. Pojar. 1998. Plants of the Rocky Mountains. Lone Pine Publishing, Auburn, Washington. NRCS. 2020. Web Soil Survey, U.S. Department of Agriculture, Natural Resource Conservation Service, Available online: http://websoilsurvey.nrcs.usda.gov. Righter, R., R. Levad, C. Dexter, and K. Potter. 2004. Birds of Western Colorado Plateau and Mesa Country. Grand Valley Audubon Society, Grand Junction. Spackman, S., B. Jennings, J. Coles, C. Dawson, M. Minton, A. Kratz, and C. Spurrier. 1997. Colorado Rare Plant Field Guide. Prepared for the Bureau of Land Management, the U.S. Forest Service, and U.S. Fish and Wildlife Service by the Colorado Natural Heritage Program. State of Colorado. 2005. Rules pertaining to the administration and enforcement of the Colorado Noxious Weed Act, 35-5-1-119, C.R.S. 2003. Department of Agriculture, Plant Industry Division, Denver, 78 p. WestWater Engineering Page 9 of 14 October 2020 USFWS. 2008. Birds of Conservation Concern 2008. U.S. Fish and Wildlife Service, Division of Migratory Bird Management, U.S. Fish and Wildlife Service, Arlington, Virginia. USFWS. 2012. Updated position paper on ESA consultations on greenback cutthroat trout, including the cutthroat trout referred to as Lineage GB. Updated Oct 4, 2012. USFWS. 2020a. U.S. Fish and Wildlife Service Information for Planning and Consultation. Available online at: https://ecos.fws.gov/ipac/location/IPG2GNNTSBCHPEGRT4WJOR3Z3Y/resources USFWS. 2020b. Endangered Species Act of 1973 (16 USC 1531 et seq.). Available online: http://www.fws.gov/endangered/laws-policies/esa.html Weber, W. A., and R. C. Wittmann. 2012. Colorado Flora, Western Slope. Fourth Edition, University Press of Colorado, Boulder. Whitson, T. D. (editor), L. C. Burrill, S. A. Dewey, D. W. Cudney, B. E. Nelson, R. D. Lee and R. Parker. 2001. Weeds of the West — 9th edition. Western Society of Weed Science in cooperation with Cooperative Extension Services, University of Wyoming, Laramie. Wickersham, L.E. 2016. The Second Colorado Breeding Bird Atlas. Colorado Bird Atlas Partnership, Colorado Parks and Wildlife, Denver, CO. WestWater Engineering Page 10 of 14 October 2020 Project Location TE • 0 0 0 Legend 30 Meter tira.lous Y4reed5 5urwey Area 100 Meter SSS Plants Survey Area 114 Mile Raptor Surrey Area 112 M ilP Raptor Survey Area Starkey {rul•ch C4+4MF - Interstate Highway - Rand BLM 2117-4. October 2020 Macmr An•E•lyx Fr41•13.51•4.f nOrJ1 •erMe.2421.36 inr2'0MIX r.a TBS R 961 ' T7S SIM Figure 1 Terra Energy Partners Starkey Gulch CWMF Environmental Impact Anatysis Location giNestWater Engineering Consutting Engineers a, 5dernJ t a Project LoCaton •1 .or.0, • ;S' . x�k .■ ',2_.. r �,.: Project Location Legend Greet Blue Heron Oooupied Rookery Raptor Suitable Habltal 114 Mile Raptor Survey Area V2 Mile Raptor Survey Area Q SlarOx Gur ri C+NMF Interstate Highway Road Slrearns ' BLM Figure 3 Terra Energy Partners Starkey Gulch CWMF Environmental Impact Analysis Raptors #+JestWare r Engineering r con€uFuny Engineers & Sclenusla 0 5L.0 1,904 7..50. 2 O I- eat October 2020 Sar• . •rt• uyy vhus. I. 1; .Jmh *ALIOa rf 405541teAte s # A AL alk f*: M wr WAVA iSIPP I ir A r IM��*IN�� \N\-\\\ \".4 411..:.., .. '$ _- _1L Project Location =. FIELO COUNTY PARAi. LITE 141 gi gri M41 iTaTeWAIK r474 07476. r I Kal rtiM I PAM WA. vAVA PA! MvAPAL v I I 021 i I EA MI% tWWA Pi&MP2 la I _ -row,Av' 4p_�f + X�lair ZerViler _ as Legend kiule Deer Severe 4Mng nter Rae I Z1 Mule Deer lAirrte-rCome nbahurl Area �ra kiul Deer Mitlon Corr.tlors Elk Severe wylnler Flange MElk Writer Concentration Area 11.1 Elk PTOdttion Area G Elk Migration Corridors Starkey Gulch c F Ilrstersiale Highway 50+11''��'' '' it Nr ' 4 Road ��si\ \\I OOK.I► VRD WON i44 Figure 4 Terra Energy Partners Starkey Gulch CWMF Environmental Impact Analysis Big Game estWYater Engineering Cansul[mg Engrneeds& kirn[Isls #ilei October 2020 a�ev�ca t:#�n!wili F-imeriarley WO CONE-4W1PrATAreP rat TEP Rocky Mountain LLC November 2020 Impact Analysis Appendix C Soil Characteristics NRCS Web Soil Survey Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review Map Unit Description: Nihil) channery loam, 6 to 25 percent slopes ---Rifle Area, Colorado, Parts of Garfield and Mesa Counties Rifle Area, Colorado, Parts of Garfield and Mesa Counties 47—Nihil) channery loam, 6 to 25 percent slopes Map Unit Setting National map unit symbol: jnyg Elevation: 5,000 to 6,500 feet Farmland classification: Not prime farmland Map Unit Composition Nihil) and similar soils: 85 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Nihil) Setting Landform: Valley sides, alluvial fans Down-slope shape: Convex, linear Across -slope shape: Convex, linear Parent material: Alluvium derived from sandstone and shale Typical profile H1 - 0 to 11 inches: channery loam H2 - 11 to 18 inches: very channery loam H3 - 18 to 60 inches: stratified extremely channery sandy loam to extremely channery loam Properties and qualities Slope: 6 to 25 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.60 to 6.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 15 percent Gypsum, maximum in profile: 1 percent Salinity, maximum in profile: Nonsaline to slightly saline (0.0 to 4.0 mmhos/cm) Available water storage in profile: Low (about 3.6 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 6e Hydrologic Soil Group: A Ecological site: Rolling Loam (R048AY298C0) USDA Natural Resources Web Soil Survey 3/29/2019 Conservation Service National Cooperative Soil Survey Page 1 of 2 Map Unit Description: Nihil) channery loam, 6 to 25 percent slopes ---Rifle Area, Colorado, Parts of Garfield and Mesa Counties Hydric soil rating: No Data Source Information Soil Survey Area: Rifle Area, Colorado, Parts of Garfield and Mesa Counties Survey Area Data: Version 11, Sep 10, 2018 USDA Natural Resources Web Soil Survey 3/29/2019 Conservation Service National Cooperative Soil Survey Page 2 of 2 Map Unit Description: Torriorthents-Camborthids-Rock outcrop complex, steep ---Rifle Area, Colorado, Parts of Garfield and Mesa Counties Rifle Area, Colorado, Parts of Garfield and Mesa Counties 66—Torriorthents-Camborthids-Rock outcrop complex, steep Map Unit Setting National map unit symbol: jnz4 Elevation: 5,000 to 8,500 feet Mean annual precipitation: 10 to 15 inches Mean annual air temperature: 39 to 46 degrees F Frost -free period: 80 to 105 days Farmland classification: Not prime farmland Map Unit Composition Torriorthents, steep, and similar soils: 45 percent Camborthids, steep, and similar soils: 20 percent Rock outcrop, steep: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Torriorthents, Steep Setting Landform: Mountainsides Landform position (two-dimensional): Footslope Landform position (three-dimensional): Mountainflank, base slope Down-slope shape: Convex Across -slope shape: Convex Parent material: Stony, basaltic alluvium derived from sandstone and shale Typical profile H1 - 0 to 4 inches: variable H2 - 4 to 30 inches: fine sandy loam H3 - 30 to 34 inches: unweathered bedrock Properties and qualities Slope: 15 to 70 percent Depth to restrictive feature: 4 to 30 inches to lithic bedrock Natural drainage class: Well drained Runoff class: High Capacity of the most limiting layer to transmit water (Ksat): Moderately low to moderately high (0.06 to 0.20 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 5 percent Salinity, maximum in profile: Nonsaline to very slightly saline (0.0 to 2.0 mmhos/cm) Available water storage in profile: Very low (about 2.4 inches) USDA Natural Resources Web Soil Survey 3/29/2019 Conservation Service National Cooperative Soil Survey Page 1 of 3 Map Unit Description: Torriorthents-Camborthids-Rock outcrop complex, steep ---Rifle Area, Colorado, Parts of Garfield and Mesa Counties Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 7e Hydrologic Soil Group: D Hydric soil rating: No Description of Camborthids, Steep Setting Landform: Mountainsides Landform position (two-dimensional): Footslope Landform position (three-dimensional): Mountainflank, base slope Down-slope shape: Convex Across -slope shape: Convex Parent material: Stony, basaltic alluvium derived from sandstone and shale Typical profile H1 - 0 to 4 inches: variable H2 - 4 to 30 inches: clay loam H3 - 30 to 34 inches: unweathered bedrock Properties and qualities Slope: 15 to 65 percent Depth to restrictive feature: 15 to 60 inches to lithic bedrock Natural drainage class: Well drained Runoff class: High Capacity of the most limiting layer to transmit water (Ksat): Moderately low to moderately high (0.06 to 0.20 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 10 percent Gypsum, maximum in profile: 2 percent Salinity, maximum in profile: Nonsaline to very slightly saline (0.0 to 2.0 mmhos/cm) Available water storage in profile: Low (about 4.0 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 7e Hydrologic Soil Group: C Hydric soil rating: No Description of Rock Outcrop, Steep Setting Landform: Mountainsides Landform position (three-dimensional): Free face Down-slope shape: Convex Across -slope shape: Convex Typical profile H1 - 0 to 60 inches: unweathered bedrock USDA Natural Resources Web Soil Survey 3/29/2019 Conservation Service National Cooperative Soil Survey Page 2 of 3 Map Unit Description: Torriorthents-Camborthids-Rock outcrop complex, steep ---Rifle Area, Colorado, Parts of Garfield and Mesa Counties Properties and qualities Slope: 15 to 70 percent Depth to restrictive feature: 0 inches to paralithic bedrock Runoff class: Very high Capacity of the most limiting layer to transmit water (Ksat): Very low to moderately high (0.00 to 0.20 in/hr) Available water storage in profile: Very low (about 0.0 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 8s Hydric soil rating: No Data Source Information Soil Survey Area: Rifle Area, Colorado, Parts of Garfield and Mesa Counties Survey Area Data: Version 11, Sep 10, 2018 USDA Natural Resources Web Soil Survey 3/29/2019 Conservation Service National Cooperative Soil Survey Page 3 of 3 TEP Rocky Mountain LLC November 2020 Impact Analysis Appendix D Geology and Hazard Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review Fox Engineering Solutions, Inc. November 2, 2020 Adam Tankersley Planning Lead TEP Rocky Mountain LLC 1058 County Road 215 Parachute, CO 81635 Re: Starkey Gulch Centralized Waste Management Facility Section 4-203.G.4. Geology & Hazards - Garfield County Land Use and Development Code NE 1/4 NE 1/4 Section 32 & SE 1/4 SE 1/4 Section 29, Township 6 South, Range 96 West, 6th P.M, Garfield County, CO Dear Mr. Tankersley, As requested, Fox Engineering Solutions ("FES") has prepared this letter report to address the requirements of Article 4 — Section 203.G.4. Geology and Hazards, of the Garfield County Land Use and Development Code (LUDC), effective July 15, 2013. It is FES's understanding that TEP Rocky Mountain, LLC (TEP) is proposing to develop the site as a centralized waste management facility (CWMF) to treat and dispose of gas exploration and production (E&P) solid wastes generated by TEP during drilling, completions, and production. The E&P solids wastes are not hazardous waste as defined in Article 15 — Definitions of the Garfield County LUDC and elaborated in the Colorado Department of Public Health and the Environment regulations. The Starkey Gulch Centralized Waste Management Facility is located on the north side of Starkey Gulch at an elevation of 5550 ft. MSL in the NE 1/4 NE 1/4 Section 32, Township 6 South, Range 96 West of the 6th P.M. The site is approximately 2200 ft. above the confluence of Starkey Gulch and Parachute Creek. A Site Access Map is attached. The site is located in Garfield County within the Resource Lands Zoning district which is described as gentle slopes and lower valley floor comprised of the rural residential areas, agricultural resource lands, agricultural production areas, and natural resource areas. The adjacent area has historically been used for cattle grazing, mining and natural gas extraction. The surrounding area is currently utilized for active oil and gas development, cattle grazing and opens rangeland. The pre -construction CWMF site grades range from 5% on the south to 9% on the northern end of the facility. The facility is located near the base of Starkey Canyon which rises to an elevation of 7500 ft. to the north at slopes varying from 20 to 25% near the facility and slopes approaching 50% near the top of the canyon. Unconsolidated Soils The Natural Resource Conservation Service customized soils report, attached, for the CWMF identifies 70% of the area as Nihill channery loam and the remaining 30% as Torriorthents- Camborthids-Rock outcrop complex. Mr. Adam Tankersley Starkey Gulch CWMF The Nihill channery loam is derived from sandstone and shale alluvium with a low available water capacity of 3.6 inches and a moderately high to high infiltration rate range of 0.60 to 6.0 inches per hour. This soil is classified as hydrologic soil Group A - having a high infiltration rate when thoroughly wet. NRCS identified the typical vertical profile as: H1 - 0 to 11 inches: channery loam H2 - 11 to 18 inches: very channery loam H3 -18 to 60 inches: stratified extremely channery sandy loam to extremely channery loam The Torriorthents-Camborthids-Rock outcrop complex is derived stony basaltic alluvium derived from sandstone and shale with a low available water capacity of 2.4 to 4.0 inches and a moderately high to high infiltration rate range of 0.06 to 0.20 inches per hour. This soil is classified as hydrologic soil Group D - having very slow infiltration rate when thoroughly wet. NRCS identified the typical vertical profile as: H1 - 0 to 4 inches: variable H2 - 4 to 30 inches: fine sandy loam H3 - 30 to 34 inches: unweathered bedrock Ogden Tweto in his "Geologic Map of Colorado", dated 1979, identifies the facility area geologically as gravels and alluvium from the Pinedale and Bull Lake Age underlain with Wasatch Formation consisting of claystone, mudstone, sandstone and conglomerate. There are no water well logs in Starkey Gulch. Adjacent water well logs, indicate that Parachute Creek alluvium is comprised of sand, gravel, broken shale, silt and clay. Consolidated Bedrock Ogden Tweto in his "Geologic Map of Colorado", dated 1979, identifies the facility area geologically as gravels and alluvium from the Pinedale and Bull Lake Age underlain with Wasatch Formation consisting of claystone, mudstone, sandstone and conglomerate. The Wasatch Formation is more than 6,000 feet thick, according to geophysical logs of gas wells within the basin. USGS Geologic Survey Bulletin 1274-M entitled "Paleocene and Lower Eocene Units in the Southern Part of the Piceance Creek Basin" by John R. Donnell, 1969, further identifies the underlying geology as the Douglas Creek Member of the Green River Formation and is graphical shown on the diagram below. Donnell shows the Douglas Creek Member as having a thickness of 400 to 500 feet and describes the Green River Formation as sedimentary rock. The bedrock is presumed to be or of a similar material and its thickness is unknown. Water well logs associated with Permit 26068-F and 26069-F indicated that Wasatch bedrock was encountered at depths of 80 ft. and 82 ft. respectively. These wells are located approximately 4150 ft to the southeast of the facility. Fox Engineering Solutions, Inc. Page 2 Mr. Adam Tankersley Starkey Gulch CWMF Winter Flats Grand Valley Garden Gulch Member bullas: Creek:Men reeirRiver`' F.grrri.2�Xion Wasatch Formation x 0.i a Shire Member Rifle Gap Pa eocene-Eocejne ounclary 7 Atwell Gulch Member EXPLANATION x Fossil horizon Sandstone Conglomerate Undifferentiated lithology • Q raw Mesaverde Formation FEET 500- 1000 00- 1000 5 10 M1tE5 IYI l FIGURE 3.—Generalized stratigraphie relations of the Wasatch and adjacent formations in the southern part of the Piceance Creek basin. Contacts queried where uncertain. Taken from USGS GEOLOGICAL SURVEY BULLETIN 1274-M entitled `Paleocene and Lower Eocene Units in the Southern Part of the Piceance Creek Basin" by John R. Donnell, 1969. Local and Regional Geologic Structures The proposed facility is located in the southern part of the Piceance Basin; formed by tectonic forces associated with the Laramie orogeny that down -warped the earth's crust as a result of the uplift of the Colorado Rocky Mountains. Areas on all sides of the Piceance Basin have been uplifted by these same tectonic forces. The Piceance Basin is the major structural geologic feature in the region. It is bound to the east by the Grand Hogback monocline, the White River Uplift to the northeast, the Gunnison Uplift to the south, the Uncompahgre Uplift to the southwest, the Douglas Creek Arch to the west- northwest, and the axial basin uplift to the north (Grout and Verbeek, 1992). The Grand Hogback monocline is a feature comprised of Upper Cretaceous age bedrock of the Mesa Verde Group, which includes the Williams Fork Formation and the underlying Mancos Shale. The Grand Hogback forms part of the boundary between two major physiographic provinces, the Colorado Plateau and the Rocky Mountains. Geologic Hazards Starkey Gulch is classified as an intermittent drainage and is located approximately 150 ft from the east boundary of the facility. The facility sits approximately 10 vertical feet above Starkey Fox Engineering Solutions, Inc. Page 3 Mr. Adam Tankersley Starkey Gulch CWMF Gulch. Annual precipitation, as reported by the Colorado Western Regional Climate Center, averages 13.53 inches. The Colorado State Legislature in 1974 passed House Bill 1041 defining geologic hazards that, if present, may pose a threat to life or property. For the purposes of this report, geologic hazards, as outlined in House Bill 1041, are discussed below. Additional discussion on geologic hazards can be in Section 7-207 Natural and Geologic Hazards of the Starkey Gulch CWMF land use application. 1. Radioactivity: Radon is a naturally occurring, odorless and colorless radioactive gas that is produced by the radioactive decay of radioactive minerals present in the soils and bedrock. Although no radiological or radon testing was conducted, the facility does not have buildings or an area that is occupied throughout the work day The potential presence of radon is not expected to represent a geologic hazard or a significant worker exposure issue that would affect the design or operations of the facility. 2. Seismic Considerations: According to the Colorado Geological Survey, there have been 88 earthquakes in or near Garfield County between 1973 — 2017. There were no reported damages or injuries associated with these minor earthquake events. Earthquakes usually occur near fault lines. The Faults in Garfield County Map (Figure 33) in Garfield County's Garfield County Multi - Jurisdictional Hazard Mitigation Plan ♦ 2017 indicates that there are not faults within the CWMF site. Ogden Tweto's "Geologic Map of Colorado", dated 1979, indicates that there are no faults with the vicinity of the facility. It does not appear that significant hazard from seismic activity exists at the site to impact the design or operations of the facility. 3. Ground Subsidence: No building construction, driveways and subdivision roads, clear -cutting and extraction operations are proposed at the CWMF. Ground subsidence does not appear to be a significant hazard at this site and will not impact operations. 4. Landslides: The facility is located near the base of Starkey Canyon which rises to an elevation of 7500 ft. to the north at slopes varying from 20 to 25% near the facility and slopes approaching 50% near the top of the canyon. The adjacent hillsides are comprised of weathered sandstone and shale of the Wasatch. The Landslide Hazard Map (Figure 25) in Garfield County's Garfield County Multi -Jurisdictional Hazard Mitigation Plan • 2017 indicates that the site is not within a landslide zone. There is no visual evidence of historic landslides or slumping activity above the site. Waste disposal operations will not be impacted and the risk appears low for this site. 5. Avalanche: The facility is located at a relatively low elevation of 5550 ft. near the bottom of Starkey Gulch. The site has excellent sun exposure to the south. No building construction, driveways and subdivision roads, clear -cutting and extraction operations are proposed at the CWMF. The Avalanche Forecast Map (Figure 31) in Garfield County's Garfield County Multi - Jurisdictional Hazard Mitigation Plan ♦ 2017 indicates that the site area's avalanche probability has a "No rating" and is very low. These areas are not prone to avalanches and the risk appears low for this site. 6. Rockfall: The facility is located near the base of Starkey Canyon which rises to an elevation of 7500 ft. to the north at slopes varying from 20 to 25% near the facility and slopes approaching 50% near the top of the canyon. The adjacent hillsides are comprised of weathered sandstone and shale of the Wasatch. The Landslide Hazard Map (Figure 25) in Garfield County's Garfield County Multi -Jurisdictional Hazard Mitigation Plan ♦ 2017 indicates that the site may be within Fox Engineering Solutions, Inc. Page 4 Mr. Adam Tankersley Starkey Gulch CWMF rockfall areas. The facility location may be subject to infrequent rockfalls, however, the waste disposal operations will not be impacted and the risk appears low for this site. 7. Flood: As outlined in the Section 4-203.G.5. of this application the facility is not located within the 100 -year floodplain. No significant natural drainages are located within the facility boundary. The NRCS soil report indicates the Flood Frequency Class for the facility location is "None" for the site. The site may be subject to sheet flow from precipitation events, however, storm water best management practices are in place to mitigate or prevent storm water from entering the facility and disrupting operations. Flood risk appears low for this site. 8. Mudflow and Debris Fans: The Landslide Hazard Map (Figure 25) in Garfield County's Garfield County Multi -Jurisdictional Hazard Mitigation Plan • 2017 indicates that the site is not within a debris/mud flow zone. Debris flows are geological phenomena in which water -laden masses of soil, vegetation and rock funnel into stream channels, and form thick, muddy deposits. There is no visual evidence of historic debris flow activity within the site. The proposed CWMF is not located in an alluvial fan. The NRCS indicates the Flood Frequency Class for the facility location is "None" for the site. Waste disposal operations will not be impacted and the risk appears low for this site. 9. Expansive Soil and Rock: The Natural Resource Conservation Service customized soils report for the CWMF identifies the majority of the soil within the site as Nihill channery loam. The Nihill channery loam is derived from sandstone and shale alluvium and further characterized under the Uniform Soils Classification System, as clayey gravel (GC). NRCS identified the typical vertical profile as: H1 - 0 to 11 inches: channery loam H2 - 11 to 18 inches: very channery loam H3 -18 to 60 inches: stratified extremely channery sandy loam to extremely channery loam No building construction, driveways and subdivision roads, clear -cutting and extraction operations are proposed at the CWMF. Waste disposal operations will not be impacted by soil or rock conditions. 10. Slopes: The pre -construction CWMF site grades range from 5% on the south to 9% on the northern end of the facility. No development is proposed in areas that exceed 20%. Respectfully submitted, David Fox, P.E. Fox Engineering Solutions, Inc. P.O. Box 413 Fruita, CO 81521-0413 Ph: (970) 250-5505 Email: coloradofox(a�bresnan.net Fox Engineering Solutions, Inc. Page 5 PUC ETT LA CCMPANK -y Starke Gu cfi U:•�s[eW 'vlanagemen FaciIiE Bargath LLC Easement t ' Reception #856874 uNT,4 Legal Description: TeS R98W,, Section 28, Loi 10,1_0112 !p Section 29, SESE 4ENT Section 32, NENE Section 33, Lot 2, Lot 3, NWNW, SENW, SWNE —. Mr. Adam Tankersley Starkey Gulch CWMF Legend to Starkey Gulch CWMF Site fi Access Route (1.54 Miles) Road (from Garfield County) — Existing Road Parcel Ownership Starkey Gulch CWMF Site Boundary Starkey Gulch Centralized Waste Management Facility Site Access Map October 29, 2020 S 0 500 1,000 2,000 Feet TwrgpaswtowcrAcraiio WN4 a e4 ay Gulch CShlFwis4 arGeermict Carey LUCOOCLrterusL34eRcgtLLMO mxo ATarncersIyy 104Ar2020 2:09'.13 FM Fox Engineering Solutions, Inc. Page 6 TEP Rocky Mountain LLC November 2020 Impact Analysis Appendix E Groundwater and Aquafer Recharge Area Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review NV Fox Engineering Solutions, Inc. November 2, 2020 Adam Tankersley Planning Lead TEP Rocky Mountain LLC 1058 County Road 215 Parachute, CO 81635 Re: Starkey Gulch Centralized Waste Management Facility Section 4-203.G.5. Groundwater & Aquifer - Garfield County Land Use and Development Code NE 1/4 NE 1/4 Section 32 & SE 1/4 SE 14 Section 29, Township 6 South, Range 96 West, 6th P.M, Garfield County, CO Dear Mr. Tankersley, As requested, Fox Engineering Solutions ("FES") has prepared this letter report to address the requirements of Article 4 — Section 203.G.5. Groundwater and Aquifer Recharge Areas, of the Garfield County Land Use and Development Code (LUDC), effective July 15, 2013. This Section requires an evaluation of the relationship of the subject parcel to floodplains, the nature of soils and subsoils and their ability to adequately support waste disposal, the slope of the land, the effect of sewage effluents, and the pollution of surface runoff, stream flow, and groundwater. FES understands that TEP Rocky Mountain, LLC (TEP) is proposing to develop the site as a centralized waste management facility (CWMF) to treat and dispose of gas exploration and production (E&P) solid wastes generated by TEP during drilling, completions, and production. The E&P solids wastes are not hazardous waste as defined in Article 15 — Definitions of the Garfield County LUDC and elaborated in the Colorado Department of Public Health and the Environment regulations. The Starkey Gulch Centralized Waste Management Facility is located on the north side of Starkey Gulch at an elevation of 5550 ft. MSL in the NE 1/4 NE 14 Section 32, Township 6 South, Range 96 West of the 6th P.M. The site sits approximately four miles northwest of the confluence of Parachute Creek and the Colorado River. The gradient from the facility slopes downward to the south/southeast at a 1.5% grade to the Colorado River, sitting an elevation of approximately 5060 ft. MSL. The Roan Plateau rises abruptly to the north to an elevation of 7500 feet. Parachute Creek is located 2200 ft. to the east and Starkey Gulch is located 150 ft to the south of the facility. Parachute Creek is identified as a perennial stream with Starkey Gulch classified as an intermittent drainage. A formally irrigated meadow borders the east sides of the facility. The facility sits on the north side of Starkey Gulch canyon. The site is located in Garfield County within the Resource Lands Zoning district which is described as gentle slopes and lower valley floor comprised of the rural residential areas, agricultural resource lands, agricultural production areas, and natural resource areas. The adjacent area has historically been used for cattle grazing, mining and natural gas extraction. The surrounding area is currently utilized for active oil and gas development, cattle grazing and opens rangeland. Mr. Adam Tankersley Starkey Gulch CWMF The pre -construction CWMF site grades range from 5% on the south to 9% on the northern end of the facility. The facility is located near the base of Starkey Canyon which rises to an elevation of 7500 ft. to the north at slopes varying from 20 to 25% near the facility and slopes approaching 50% near the top of the canyon. Surface Water Features Topography, drainages, seeps/springs and other items are identified on the attached map entitled "Starkey 14-28-696 Production Pit — Surface Water Features Within 2 Miles. The map and data were obtained from the USGS National Hydrography Dataset. Depth to Groundwater and Major Aquifers Ogden Tweto in his "Geologic Map of Colorado", dated 1979, identifies the facility area geologically as gravels and alluvium from the Pinedale and Bull Lake Age underlain with Wasatch Formation consisting of claystone, mudstone, sandstone and conglomerate. USGS Geologic Survey Bulletin 1274-M entitled "Paleocene and Lower Eocene Units in the Southern Part of the Piceance Creek Basin" by John R. Donnell, 1969, further identifies the underlying geology as the Douglas Creek Member of the Green River Formation and is graphical shown on the diagram below. Donnell shows the Douglas Creek Member as having a thickness of 400 to 500 feet and describes the Green River Formation as sedimentary rock. Bedrock in the vicinity of the facility is presumed to be or of a similar material and thickness as described above. Major aquifers, other than the Parachute Creek alluvium, are not present at the site. Winter Flats Grand Valley Rifle Gap Garden Gulch Member 0ouglas'.Greek `Mernbe reeri:Rive Fgrrnation Wasatch Formation x Molina Shire Member r Pal eocene-Eacere boundary\ Marnbe:r:::::c:;:;::r 7 Atwell Gulch Member a EXPLANATION Fossil horizon Sandstone Conglomerate I I Undifferentiated lithology re e Mesaverde Formation 500- 1000 00- 1000 5 1 11111 10 M MES FIGURE 3.—Generalized stratigraphic relations of the Wasatch and adjacent formations in the southern part of the Piceance Creek basin. Contacts queried where uncertain. Taken from USGS GEOLOGICAL SURVEY BULLETIN 1274-M entitled "Paleocene and Lowe Eocene Units in the Southern Part of the Piceance Creek Basin" by John R. Donnell, 1969. Fox Engineering Solutions, Inc. Page 2 Mr. Adam Tankersley Starkey Gulch CWMF Water Wells Constructed water wells of record within a one mile radius of the facility are identified on the attached map entitled "Water Wells Within 1 Mile". The well location, permit number, depth, screened interval, yields and aquifer descriptions were obtained from the Colorado Division of Water Resources files and are summarized in the table below. Water Wells Within 1 Mile of Starkey Gulch Management Facility Well Number Well Depth (ft) Depth to Water (ft) Screened Interval (ft) Yield (gpm) Aquifer Well Log Comments of Water Producing Zone 151879 60 20 40-60 10 Alluvium Broken Shale 10' - 60' 185334 120 25 80-120 10 Alluvium Sandstone Overburden 0' - 120' 278414 60 25 40 - 60 120 Alluvium Shale/Sandstone Alluvium 50796 -MH 55 43.9 25 - 55 No data Alluvium Clay Silt 40' - 55' 51363 -MH 18 9 4 - 8 No data Alluvium Silt, Sand and Gravel 26068-F 90 5.5 53 - 78 325 Alluvium Gravel, lenticular shale 26069-F 82 9 60.5 - 78.5 50 Alluvium Gravel, lenticular shale 294302 20.5 11 2.5 - 10 No data Alluvium Sand and Gravel 294297 26 10 10 - 25 No data Alluvium Sand and Gravel 294303 14.5 5.5 4 - 14 No data Alluvium Sand and Gravel *Source: Colorado Division of Water Resources Well Permit File Database There are no water wells in Starkey Gulch; however, Starkey Gulch is an intermittent stream with flowing water part of the year. The Parachute Creek well log from Permit 26068-F, indicates that Wasatch bedrock was encountered at a depth of 80 ft. A monitoring well, 50796 -MH, located approximately 600 ft. to the northeast of the facility and has a reported depth to water of 43.9 ft. That well is located north of Starkey Gulch. Wells, associated with Permit Nos.151879 and 185334, are located approximately 1/2 mile to the north of the facility and are 480 ft. and 370 ft. from Parachute Creek, respectively. They have reported depths to water of 20 ft. and 25 ft., respectively. Based on well data, groundwater may be present in the facility area at depths in the range of 45 ft. Hydrologic Properties In Starkey Gulch and Parachute Creek basins, the streams are incised and the base flows in the basins are derived from numerous springs that occur above or in the bed of the stream. High flows in Parachute Creek and its tributaries occur generally during May although peak flows have infrequently been observed in April. April, May and June are the primary months of snowmelt runoff in the basin. Base flow is the primary source of flow in the basin during the remainder of the year. Starkey Gulch is ungagged. Low flows in the Parachute Creek basin occurs during December or January before the contributing ground water system is recharged by the annual snowmelt. Mean monthly flows are presented in the table entitled "USGS 09093500 Parachute Creek at Parachute, CO" for the period of record of 1921 — 1982. Fox Engineering Solutions, Inc. Page 3 Mr. Adam Tankersley Starkey Gulch CWMF The "Water Wells Within 1 Mile" map provides the reported depth to water at the time the wells were constructed. The potentiometric surface from this data can be extrapolated from the map; however, the depth to water represents measurements made during the construction of the well and at different periods of time. Floodplain The floodplain at the CWMF location has not been mapped by FEMA. A flood study was conducted in 1985, entitled" Flood Management Study — Parachute Creek and Roan Creek, by the Soil Conservation Service in cooperation with the Colorado Water Conservation Board. That study, referenced herein, concluded that the 100 -year flood event would be contained within the existing channel of Parachute Creek near the mouth of Starkey Gulch and adjacent to the existing Starkey 14-28-696 Production Pit facility. The mapping is attached. Starkey Gulch 100 -year peak or flood flows were calculated by using a methodology outlined in a USGS publication titled "Analysis of the Magnitude of Frequency of Floods in Colorado", Water Resources Investigations Report 99-4190, dated 2000. The "100 -year" peak or flood is common language for a flooding event which has a probability of at least one percent occurrence in any given year. The USGS report provides regional flood -frequency equations suitable for estimating peak flows and utilized recent events and flow measurement than previously published SCS/NRCS and Colorado Water Conservation Board regression equations. For the Northwest portion of Colorado, the 100 -year peak flow is calculated by the report as follows: Q = 104.7 (A)0.624 Where Q = discharge, cubic feet per second (cfs) A = drainage area, square miles Inputting the drainage basin area of 7.1 square miles into the equation yields a 100 -year flood flow estimate of 355 cfs. Water depth, cross-section channel measurement, channel slope and roughness coefficients were obtained and factored into the Chezy-Manning open -channel flow equation to estimate the depth of the 100 -year flood flow. Discharge is calculated by the equations as: Q= 1.49xAx RH 0.67xS0.5/N Where Q = discharge in cfs, cubic feet per second A = cross sectional area in square feet RH = Hydraulic radius S = Channel Slope N = Roughness Coefficient Based on Starkey Gulch channel measurement adjacent to the facility and the Chezy-Manning open -channel flow equation, the flood depth of the 100 -year flow in the Starkey Gulch floodway is estimated at 3.0 feet. Fox Engineering Solutions, Inc. Page 4 Mr. Adam Tankersley Starkey Gulch CWMF The facility is outside of the computed 100 -year flood flow for Starkey Gulch. The NRCS soils report, found in other sections of this application, indicates that the frequency of flooding at the facility location is "none". Existing Quality of Shallow Groundwater The headwaters of Starkey Gulch and Parachute Creek originate on the Roan Plateau where brook and cutthroat trout maintain populations. The flow in Starkey Gulch is classified as intermittent. Flow is perennial in many other headwater areas due to springs and seep discharge. The lower Parachute Creek basin is characterized by deep, narrow, steeply sloped valleys. The streams in the valleys are heavily used by agriculture. High dissolved and suspended sold loads are typical and result from the natural geologic conditions and irrigation return flows. Several stream segments within the valley portion of the basin are intermittent and only support transient aquatic life. Water quality samples from four domestic water wells were collected in February of 2012 upgradient and downgradient of the existing Starkey 14-28-696 Production Pit on Parachute Creek. The Starkey 14-28-696 Production Pit is located approximately 1500 ft. to the east of the Starkey Gulch Cuttings Management facility. The samples were analyzed for BTEX, chlorides, pH, and total dissolved solids with the results indicating Not Detected at the Reporting Limit (ND) for BTEX. Evaluation of Potential Impacts to Surface and Groundwater The wastes to be stored and managed at the Starkey Gulch CWMF will consist entirely of soils / solids E&P wastes. No E&P liquid wastes, pits, tank batteries, oil storage, etc. will be allowed at this location. Therefore, the Starkey Gulch CWMF is an extremely low-risk facility in terms of presenting any type of risk to human health and the environment. The E&P solids wastes are not hazardous waste as defined in Article 15 — Definitions of the Garfield County LUDC and elaborated in the Colorado Department of Public Health and the Environment regulations. Additionally, no building construction, subdivision roads, clear -cutting, extraction operations, or sewage effluent treatment system are proposed at the CWMF. The site is a formally reclaimed drill cuttings handling. Three disposal areas, within the CWMF site, delineated as Phases 1 through 3, will be utilized to store treated solid waste. Once a waste batch is treated and meets the COGCC Table 910-1 treatment concentration levels, an appropriately sized portion of the solids waste disposal area will be excavated to dispose of the batch of waste within the disposal boundary. The disposal area will only be excavated as treated materials become available and are ready for burial. Not excavating the entire storage area at once will minimize the amount of storm water that may come into contact with waste materials inside the area, and it will also reduce the amount of storm water that would otherwise collect inside a large excavation area requiring removal and/or further management. As addressed in Section 4-203 Grading and Drainage Plan, of this land use application, and referenced herein, specific control measures, including erosion and sediment control structures, are identified in Terra Energy Partner's Construction Wide Stormwater Management Plan and Storm Water Discharge Permit. Control measures include construction, interim and final storm water management plan drawings with diversion ditch sizes and capacities analyzed on the drawing entitled "Starkey Gulch Cuttings Management Facility Storm Water Controls Analysis". These measures will be initiated to control runon and runoff at the facility, minimize erosion, sediment releases, and potential releases to both surface and groundwater. Fox Engineering Solutions, Inc. Page 5 Mr. Adam Tankersley Starkey Gulch CWMF Construction activities at the CWMF are included in TEP's Storm Water Management Plan, approved by the Colorado Department of Public Health and Environment under Permit No. COR404626. TEP will install water quality monitoring wells upgradient and downgradient of the CWMF to ensure that the facility is operating correctly and to verify the quality of groundwater. Respectfully submitted, lae--(v .,'/ David Fox, P.E. Fox Engineering Solutions, Inc. P.O. Box 413 Fruita, CO 81521-0413 Ph: (970) 250-5505 Email: coloradofox@bresnan.net Fox Engineering Solutions, Inc. Page 6 Mr. Adam Tankersley Starkey Gulch CWMF a Starkey Gulch Cuttings Management Facility LEGEND Watershed Boundary Ephermal Stream Perennial Stream • Spring/Seep Starkey Gulch Cuttings Management Facility Surface Water Features Within 2 Miles NE'/ NE 1/4 Sec. 32 T6S Range 96W Latitude: 39.4872 Longitude: -108.1266 Garfield County, Colorado Source: USGS National Hydrography Dataset Date: 2019-10-11 PE Review By: DJF PE Review Date: 2019-10-11 Fox Engineering Solutions, Inc. Page 7 Mr. Adam Tankersley Starkey Gulch CWMF .. - — • • `s mire'', 'a" 't Starkey Gulch Cuttings `"_ Manag merit Facility M H 151879 (20') 185334 (251• k 278414 (251 50796 -MH (43.51'•.4, • --I • • • • 26068-F�(5.5') / 9,) • 294302 (1g') •' • 294297 (1b' v' r • 0 0.5 miles i -- LEGEND Ephermal Stream #### (##) Constructed Water Well CDWR Permit Number & Reported Depth to Water (##) t-- Estimated Direction of Groundwater Flow Starkey Gulch Cuttings Management Facility Water Wells Within 1 Mile NE 1/4 NE 1/4 Sec. 32 T6S R96W, 6th P.M. Latitude: 39.4872° Longitude: -108.1266° Garfield County, Colorado Source: Colorado Division of Water Resources (CDWR) Data Maps (October 14, 2019) Date: 10-14-2019 By: DJF Revision Date: Fox Engineering Solutions, Inc. Page 8 Mr. Adam Tankersley Starkey Gulch CWMF Fox Engineering Solutions, Inc. Page 9 O N H. d 00000 N M H g O 0 F1 N H .,,0,50 •V m ..r1.1 R -10.r, 0 ni 01 P n O q N 0 0 CO m N m 0, O m 6 H 0 O N H .N. n❑ M 9. Z .+ I- h .. .. 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Page 10 TEP Rocky Mountain LLC November 2020 Impact Analysis Appendix F Noise Study Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review Starkey Gulch Centralized Waste Management Facility Noise Analysis Summary TERP/\ TEP Rocky Mountain LLC (TEP) is proposing to construct and operate a centralized waste management facility in Garfield County, Colorado. Noise from construction and operation of the facility will adhere to Colorado Revised Statutes (C.R.S.) Article 12 of Title 25 and Colorado Oil and Gas Conservation Commission (COGCC) Rule 802, Noise Abatement. According to COGCC Rule 802 and C.R.S Article 12 of Title 25 the maximum noise level from construction must be at or below 80 dBA during daytime hours (7:00 am to 7:00 pm). Noise levels from impulsive sources must be 75 dBA or less during daytime hours. These limits are to be assessed at a distance of 350 feet, or at the nearest boundary of the property on which the construction activities are taking place, whichever is greater. Based on a distance of 350 feet, noise levels from construction and operations at the proposed location are predicted to range from 57 dBA to 68 dBA. These levels are below the COGCC's maximum daytime limits of 80 dBA for continuous noise and 75 dBA for impulse noise. In addition, the nearest property to the project that contains a residential structure is located approximately 1199 feet to the north. Noise levels from construction at this distance are predicted to range from 46 dBA to 57 dBA. Thus, noise from the proposed project is expected to be in compliance with the COGCC Rule 802 and C.R.S. Article 12 of Title 25. Applicable Noise Regulations Colorado Revised Statutes Article 12 Title 25 (25-12-103 (5)) states that "Construction projects shall be subject to the maximum permissible noise levels specified for industrial zones (see Table 1) for the period within which construction is to be completed pursuant to any applicable permit issued by proper authority or, if no time limitation is imposed, for a reasonable period of time for completion of the project". Section 802 of COGCC also specifically states that the construction is subject to the maximum permissible noise levels for an Industrial Zone (see Table 1). Construction of the proposed pipeline will be completed during day time hours. Per COGCC Rule 802, the noise limits must be met at a distance of 350 feet from the operation or at the nearest property line whichever is greater. The nearest adjacent property boundaries are located approximately 1199 feet to the north, 2448 feet to the west, 1969 feet to the south, and 2630 feet to the east. Thus, the maximum permissible noise levels of 80 dBA must be met at the minimum distance of 1199 feet from the proposed facility. Table 1— COGCC and C.R.S. Article 12 Title 25 Maximum permissible Noise Levels (dBA) Zone Daytime (1) (2) Nighttime (2) (7:OOam to 7:OOpm) (7:OOpm to 7:OOam) Residential 55 50 Commercial 60 55 Light Industrial 70 65 Industrial 80 75 i' During the Daytime, the noise level can be increased by 10 dBA for 15 minutes in any one-hour period (2) Noise level limit decreased by 5 dBA for impulsive type noise Starkey Gulch Centralized Waste Management Facility Noise Analysis Site Description TERR/? The Proposed centralized waste management facility will be located in Township 6 South, Range 96 West, Section 29 and Sections 32 in Garfield County, Colorado, approximately 4.65 miles northwest of the town of Parachute. The nearest adjacent property boundaries are located approximately 1199 feet to the north, 2448 feet to the west, 1969 feet to the south, and 2630 feet to the east. Based on input from the project team, and information obtained from the Garfield County Assessor's Office online database, all of the properties within 1 miles of the proposed project are zoned either resource land or public land. Construction/Operating Activities and Equipment For the purpose of the noise analysis, the construction and operation of the facility was broken down into seven phases. For each phase, the type of equipment to be used and associated maximum noise level at the nearest controlled property boundaries are listed in Table 2. The equipment to be used for each phase was based on the construction project requirements. The maximum noise levels at 50 feet listed in Table 2 were obtained from the Federal Highway Administration's (FHWA) Roadway Construction Noise Model (RCNM) v1, which is a database of construction noise levels that was developed for the Central Arterial/Tunnel project in Boston, MA, and is a comprehensive construction noise database. The 50 foot noise levels were extrapolated to the distanced shown using the formula provided in COGCC's Rule 802.c.(1). Table 2 Noise Source and Maximum Noise Levels for Starkey Centralized Waste Management Facility Max Noise Level At Phase Equipment # Devices Usage (%) 50 Feet 350 Feet 1199 Feet (cIBA) (cIBA) (cIBA) Pre -Construction Staking (manually stake work space] Pickup Truck 2 40 75 58 47 Mobilization (transport equipment to site and staging areas) Flat Bed Trucks Pickup Truck 2 2 40 40 74 75 57 58 46 47 Dozer 1 40 82 65 54 Clearing and Grading Excavator 1 40 81 64 53 (Brush clearing, grading) Grader 1 40 85 68 57 Excavation (Soil Removal) Excavator 2 40 81 64 53 Drill Seeder 1 50 84 67 56 Cleanup & Restoration Side -Cast Seeder 1 50 84 67 56 (Seeding) Grader 1 40 85 68 57 Backfilling Dump Truck 1 40 77 60 49 (marerial Delivery, backfilling, complacting) Dozer Backhoes 1 2 40 40 82 80 65 63 54 52 Daily Operations* Excavator 1 10 81 64 53 (material delivery, backfill, tilling, mixing) Dump Truck Backhoe 1 1 10 10 77 80 60 63 49 52 *Equipment that will be used as part of the daily operations 21 Starkey Gulch Centralized Waste Management Facility Noise Analysis Noise Analysis Results TENERGY R The predicted noise levels at 350 from the edge of the proposed facility (worst case) are shown graphically in Figurel. The predicted noise levels at all boundaries and all phases range from 46 dBA to 68 dBA, and are all below the maximum permissible noise level of 80 dBA and 75 dBA for impulsive or shrill noises specified on COGCC Rule 802. Furthermore topographic barriers to the north of the facility will further limit propagation of noise from the site and would provide a noise barrier for the building unit to the north of the facility. Thus, this project is predicted to be in compliance with COGCC Rule 802 and C.R.S. Article 12 of Title 25. The maximum noise levels were also calculated for the nearest privately owned property containing at least one residential structure, which is located about 1199 feet northeast of the proposed location. It is expected that the construction and operating noise levels will range from 46 dBA to 57 dBA at the closest edge of the residential property. The COGCC Rule 802 regulates noise at the controlled property boundary or 350 feet whichever is greater, but there are no additional regulations regarding residences. Thus, this data is provided for reference information only. 80 75 70 65 60 55 50 J 45 a) •0 40 -0 35 a) 0 30 0- 25 20 15 10 5 0 Figure 1- Maximum Noise Levels 1199 Feet from Starkey Gulch Centralized Waste Management Facility i?°� a>c��o ` a C. C., e Qs a� •C` \e Phases of Construction and Operation • O I b TEP Rocky Mountain LLC November 2020 Impact Analysis Appendix G Starkey Gulch Centralized Waste Management Facility Operating Plan Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review Starkey Gulch Centralized Waste Management Facility TER ENERGY PARTNERS OPERATING PLAN October 2020 Revision 1.0 TABLE OF CONTENTS 1. Introduction 1 2. Operating Plan 1 2.1 General Description — 908.b.(8).A 1 2.2 Dust and Moisture Control — 908.b.(8).B 8 2.3 Sampling — 908.b.(8).0 8 2.4 Inspection and Maintenance — 908.b.(8).D 9 2.5 Emergency Response — 906.b.(8).E 11 2.6 Recordkeeping — 908.b.(8).F 11 2.7 Site Security — 908.b.(8).G 12 2.8 Hours of Operation — 908.b.(8).H 12 2.9 Noise and Odor Mitigation — 908.b.(8),I 12 2.10 Final Disposition of Waste — 908.b.(8).J 13 3. Waste Profiles — 908.b.(6) 13 4. Closure — 908.g.(1) 13 4.1 Preliminary Closure Plan — 908.g.(1) 13 4.2 Final Closure Plan — 908.g.(2) 14 5. Objective Criteria Mitigation Measures (SB 19-181 Objective Criteria) 14 Tables Table 1. Waste Generation Locations and Volumes Table 2. Sample Collection, Handling, and Analysis Summary Attachments Attachment A. Area Location Map Attachment B. Site Construction and Layout Map Attachment C. Waste Profile Information Attachment D. Site Reclamation and Closure Diagram 1. Introduction In accordance with COGCC Rule 908, Centralized E&P Waste Management Facilities, TEP Rocky Mountain, LLC (TEP) proposes to construct a non-commercial, centralized Exploration and Production (E&P) waste management facility on land owned by TEP north of Parachute, CO. The proposed facility will be constructed adjacent to Starkey Gulch, which is located approximately 4.7 miles north of Parachute, CO. The purpose of this centralized waste management facility (WMF) is to treat, dispose, recycle, and beneficially re -use E&P solid wastes generated by TEP during drilling, completions, and production operations conducted in the Piceance Basin of Western Colorado. This Operating Plan has been prepared and submitted in accordance with COGCC Rule Section 908.b(8), and describes the process and procedures used to treat, dispose, recycle, and beneficially re -use specific wastes generated by TEP during drilling, completions, and production operations. Only drill cuttings and oily wastes will be managed at this centralized waste management facility. No fluids or produced water will be managed at this location. The drill cuttings and oily wastes to be managed at this facility meet the definition of an E&P waste as outlined in COGCC rule 100. The Starkey Gulch Centralized Waste Management Facility (CWMF) will be constructed on land owned by TEP and will be managed in accordance with COGCC Rules 907, 908, and 1003. This facility will be a non-commercial, centralized waste management facility that is designed and operated for the exclusive use and benefit of TEP operations. 2. Operating Plan 2.1 General Description — 908.b.(8).A The Starkey Gulch CWMF is located in Garfield County in the NE 1/4 NE1/4 of Section 32, and the SE 1/4 SE% of Section 29 of Township 6 South, Range 96 West of the 6th P.M.; and at Latitude 39.487328 and Longitude -108.126739 (see Attachment A — Area Location Map). The Starkey Gulch CWMF will be constructed and used primarily for drill cuttings management and disposal. At multi -well pad locations, where multiple wells are drilled from a single pad, the volume of drill cuttings generated may exceed the storage capacity of the cuttings trench (i.e., drilling pit) located on the pad, especially where the pad footprint is limited due to topographic, environmental, or other physical constraints. Where pad size is insufficient for the volume of cuttings generated, the excess cuttings may be transported to the Starkey Gulch CWMF where they can be properly managed and disposed of. A list of planned drilling locations (and individual wells) that will be transported to and managed at the Starkey Gulch CWMF is provided in Table 1 — Waste Generation Locations. This list may be amended to include additional locations as needed. 1 In addition to the management and disposal of drill cuttings, the Starkey Gulch CWMF will also be used occasionally for the treatment and disposal of oily waste per COGCC rule 907.e.(1).C, which allows for land treatment of oily wastes at a centralized E&P waste management facility that is permitted in accordance with Rule 908. All land treatment operations will be conducted in strict accordance with the Land Treatment requirements as outlined in Rule 907.e.(2).A-H. As shown in Attachment B — Site Construction and Layout Map, The Starkey Gulch CWMF will be constructed and operated in three phases to ensure there is adequate surface area for the efficient management, treatment, and disposal of waste materials. The Phase 1 area is reserved for the management, treatment, and disposal of drill cuttings derived from bentonitic, water-based drilling fluids. The Phase 2 area is reserved for the management, treatment, and disposal of drill cuttings derived from oil-based drilling fluids. The Phase 3 area in reserved for the management, treatment, and disposal of oily waste soils and materials. Excess soils produced from the excavation of the facility will be stockpiled to the west of the waste treatment / management areas. Topsoil will be stockpiled separately to the northeast of the location. The total design capacity of the Starkey Gulch CWMF is estimated to be approximately 47,780 cubic yards. 2.1.1 Description of Wastes to be Treated / Managed at the Starkey Gulch CWMF Drill Cuttings Generated from Water -Based Bentonitic Drilling Fluids The primary function of the Starkey Gulch CWMF is to manage and treat water-based drill cuttings that will subsequently be buried in an on-site disposal trench. Only drill cuttings derived from bentonitic, water-based drilling fluids will be managed, treated, and disposed in the Phase I area as shown on the Site Construction and Layout Map (Attachment B). All drill cuttings must be treated to meet COGCC 910-1 cleanup standards prior to final burial / disposal in the on-site trench. As drill cuttings are brought to the Starkey Gulch CWMF they will placed inside a temporary staging area where the wastes will be processed, treated, and mixed. Treatment of the drill cuttings will consist of mixing / blending the drill cuttings with clean soil / fill material, applying soil amendments (e.g., biological treatment reagents), and adding nutrients as needed to facilitate the decomposition of organic compounds. Additionally, mechanical mixing, tilling, and turning the materials will be routinely conducted to further facilitate the reduction of volatile organic compounds. After the cuttings/wastes have been processed in the staging / working area, soil samples representative of the entire volume will be collected to ensure that the cleanup thresholds specified on the COGCC 910-1 list have been met. All samples will be sent to a certified, accredited environmental laboratory for analysis. If the analytical results indicate that all contaminants (excepting inorganics and arsenic) are below COGCC cleanup thresholds, the cuttings will be 2 removed from the temporary staging area and placed inside the Phase 1 pit area for permanent disposal. If the analytical results indicate that hydrocarbon contaminants exceed COGCC cleanup thresholds, the cuttings / wastes will undergo further treatment (land -farming) within the temporary staging area until subsequent sampling demonstrates that the materials comply with COGCC 910-1 cleanup thresholds. This process will continue until the design capacity for the Phase I pit area has been met, after which this portion of the facility will be capped, closed, and reclaimed to comply with COGCC Rule 908.g and the applicable portions of Rule 909. It is estimated that the treatment and disposal of drill cuttings generated from water-based drilling muds at this facility will comprise the majority (— 66%) of the total volume of drill cuttings wastes that will ultimately be managed at this location. Drill Cuttings Generated from Oil -Based Drilling Fluids Several horizontal wells targeting the Niobrara formation may also be drilled over the next several years. Drilling the horizontal segment of these wells will require the use of a synthetic, oil-based drilling mud. The horizontal segment of these wells is approximately one-third of the total length (depth) of a typical Niobrara well. The vertical portion of these wells will be drilled using the same bentonitic, water-based muds that are used for standard, vertical Mesa Verde wells. The drill cuttings produced from drilling these Niobrara wells will be managed at the Starkey Gulch CWMF. As shown on the Site Construction and Layout Map (Attachment B), the Phase 2 area of the Starkey Gulch CWMF is reserved for the management, treatment, and disposal of drill cuttings derived from oil-based drilling fluids. Any drill cuttings produced from oil-based drilling muds will be managed and disposed of separately from drill cuttings generated from water-based drilling muds. The primary reason for segregating and managing the oil-based mud cuttings separate from water- based mud cuttings is due to the differences in the basic chemical composition of each type of drilling mud. Additionally, it is anticipated that the oil-based mud cuttings will require additional, and possibly different treatment methods in order to ensure that treated cuttings meet the COGCC 910-1 cleanup standards prior to final disposal. The basic treatment procedure will be the same as outlined above for the water-based mud cuttings, however, actual treatment times may be longer, and different bio -reactive reagents agents and nutrients may be required to successfully treat these materials. If after treatment, the analytical data indicate that the treated drill cuttings will not meet COGCC 910-1 cleanup standards, the oil-based drill cuttings will be transported to an off-site commercial disposal facility that is permitted to accept E&P oily waste for final disposal. It is estimated that the treatment and disposal of drill cuttings generated from oil-based drilling muds at this facility will be a minority percentage (< 34%) of the total volume of drill cuttings wastes that will ultimately be managed at this location. 3 Oily and Other E&P Wastes (Soils) In addition to drill cuttings, the Starkey Gulch CWMP will be used for the occasional treatment and subsequent disposal of oily wastes such as soil, frac sand, and pit sludges that contain hydrocarbons as provided in Rule 907.e.(1).0 and 907.f(2). As shown on the Site Construction and Layout Map (Attachment B), the Phase 3 area in reserved for the management, treatment, and disposal of oily waste soils and materials. The most common source of oily wastes that are expected at this facility will be from the cleanup and removal of soils contaminated from spill and leaks of fluids related to the production of oil and natural gas (e.g., E&P wastes such as produced water, condensate, etc.). The basic treatment procedure for reducing contaminants in oily waste soils will be the same as described above for the treatment of drill cuttings (i.e., mixing, blending, amending, tilling, and monitoring). Once oily soils have been successfully treated (i.e., to below COGCC 910-1 cleanup standards) and verified through confirmation soil sampling, the treated soil may be disposed of on- site, or put to beneficial reuse as needed. The Starkey Gulch CWMF will provide a centralized location for the occasional treatment of oily contaminated soils and will greatly reduce / eliminate the need for land farming small volumes of contaminated soils at the location where the spill occurred. A centralized facility dedicated to this practice will provide the benefits of: • Centralizing waste treatment and management activities to a single location (instead of having multiple, small, uncontrolled land -farms scattered throughout a wide area), and • Treatment activities will be conducted at a single secured, controlled, and more protected location which ensures better control of the contaminated soils until treatment objectives have been achieved. It is estimated that the treatment and disposal of oily waste soils at this facility will be a relatively small percentage (— 5%) of the total waste volume that will ultimately be managed at this location. 2.1.2 Waste Materials Handling and Management The Starkey Gulch CWMF is designed to be used exclusively for the treatment and management of dry, solid, E&P wastes as described in this document and as provided for by Rules 907.d -f, and 908. Free liquids or waste materials with free liquids will not be allowed or accepted for treatment at any time. All drill cuttings and oily wastes brought into the Starkey Gulch CWMF will be coordinated through TEP's Environmental Compliance staff, who will be responsible for maintaining an up-to-date inventory and record of all materials brought into the facility for treatment and disposal. Specifically, the inventory shall include the following information: An accurate description of the material being received at the facility; The location from which the cuttings / waste originated; The volume of 4 material brought to the facility; The date the materials were received, treated, sampled, and placed for final placement after COGCC 910-1 standards were met. In additional to maintaining an accurate materials inventory, all sampling records and analytical laboratory data will also be maintained for all sampling events. Waste materials will be managed in small "batches" (i.e., 1000 cubic yards, or less) to ensure accurate characterization of the waste material, allow accurate identification of the treatment method (if needed), and expedite the final reclamation of the site. Each individual batch of cuttings will be sampled and analyzed for compliance with COGCC Table 910-1 prior to placement and disposal in the cuttings trench. If a batch of drill cuttings / waste material does not meet the COGCC Table 910- 1 concentration levels, the wastes will continue to be treated until the allowable concentration levels are met (see Section 8.0 for cuttings treatment options). Once a batch of cuttings meets the COGCC Table 910-1 concentration levels, an appropriately sized portion of the cuttings trench will be excavated to dispose of the batch of cuttings within the trench boundary. The disposal trench area will only be excavated as treated materials become available and are ready for burial. Not excavating the entire trench area at once will minimize the amount of storm water that may come into contact with waste materials inside the trench, and it will also reduce the amount of storm water that would otherwise collect inside a large excavation area requiring removal and/or further management. As described in the Engineering Data section of this Form 28 application package, the entire Starkey Gulch CWMF will be protected by site-specific storm water Best Management Practices (BMPs) and perimeter berms that have been engineered and designed to prevent off-site migration of contaminated materials from the facility. The facility will be covered under TEP's Storm Water Discharge Permit issued by the Colorado Department of Public Health and Environment (CDPHE) for the North Grand Valley field. Routine storm water compliance inspections will be conducted at the facility in accordance with the Colorado Discharge Permit System (CDPS) Storm Water Discharge Permit and applicable CDPHE storm water regulations, and COGCC Rules 1002(f). Waste Treatment Methods TEP has several options to treat drill cuttings / oily wastes that exceed Table 910-1 contaminant concentration levels. The following treatment methods may be used to ensure that wastes are suitable for disposal at the Starkey Gulch CWMF: (1) Moisture Control for Transportation. Drill cuttings are often blended first with sawdust and/or excess clean soil (not topsoil) that has been excavated and stockpiled during pad/trench 5 construction. The purpose of this blending is to ensure that drill cuttings are sufficiently dry prior to loading and transporting by truck. Also, using heavy equipment to physically blend and mix waste materials contaminated with volatile organic compounds (VOC) helps to introduce oxygen into heavy soils and facilitates the release (flashing) of VOC compounds from the soil matrix, thereby reducing the overall concentration of VOCs in the soils. Blending with clean soil also provides the added benefit of diluting and reducing elevated concentrations of contaminants to acceptable levels prior to final disposal. (2) Arsenic. Naturally occurring concentrations for arsenic in the Piceance Basin usually exceed the COGCC 910-1 clean-up standard for arsenic in soils of 0.39 mg/Kg. Waste materials that exceed Table 910-1 concentration levels for arsenic will be evaluated by comparison to site- specific background analytical data and documented; however, because background arsenic concentrations typically exceed the COGCC cleanup standard, TEP anticipates that the E&P waste materials treated, managed, and disposed at the Starkey Gulch CWMF will likewise exceed the COGCC cleanup standard for arsenic in soils. Therefore, at the time of closure and based upon final analytical data, TEP will request relief from the arsenic standard as provided for by COGCC FAQ #31. (3) Inorganics. Drill cuttings / wastes that exceed Table 910-1 concentration levels for inorganics (pH, SAR, and EC), which were established to be protective of vegetative growth, are allowed to be buried in cuttings pits or trenches at depths of at least three (3) feet below the ground surface to avoid potential adverse impacts to the growth of vegetation per COGCC FAQ #32. After treatment, all drill cuttings / waste materials will be buried at depths greater than three below the ground surface. At the time of closure and based upon final analytical data, TEP may request relief from any of the inorganic standards as provided for by COGCC FAQ #3. All sampling data documenting final concentrations of all chemical constituents will be maintained and provided to COGCC upon request. (4) Organic Compounds. Organic compounds in drill cuttings / waste materials will be treated either by adding clean soil, as described in section 2.1.2(1), and/or using bio -remediation techniques. Bioremediation (i.e., biotreatment) uses bacteria and nutrients to breakdown residual hydrocarbons into carbon dioxide and water. The objective of biotreatment is to accelerate the natural decomposition process by adding or cultivating bacterial populations and controlling certain parameters such as oxygen, temperature and moisture in the cuttings/waste materials. Biotreatment and blending contaminated waste materials with clean soil will be used to reduce hydrocarbon concentrations to levels that comply with the appropriate COGCC Table 910-1 cleanup standards. 6 TEP is pursuing concurrent approval of both a Form 28 application through COGCC which authorizes the construction and operation of the Centralized Waste Management Facility per Section 908 of the COGCC Rules, and a Land Use Change Permit application which would allow the proposed Starkey Gulch Centralized CWMF to operate compliantly within the framework of the Garfield County Land Use and Development Code. Due to the immediate need for storage of drill cuttings that will be produced from the Chevron GR 12- 29 and Chevron GM 12-20 oil and gas pad locations, TEP intends to initiate limited construction of the Starkey Gulch CWMF as described in the COGCC Form 2A, and as allowed for in a letter from Ms. Sheryl Bower, Director of the Garfield County Community Development Department (Dated October 1, 2020). In this letter, Garfield County is not opposed to TEP proceeding with limited construction activity (of the Starkey Gulch CWMF) subject to the specific provisions outlined within the letter. The limited construction activities would consist of site grading and preparation, and limited storage of drill cuttings with no processing or disposal of drill cuttings allowed until final approvals are received from both COGCC and Garfield County. Only the working surface of the proposed site will be constructed and utilized for temporary storage of drill cuttings as depicted on the Construction Layout attached to the Form 2A. Construction of the drill pits for final disposal will not be constructed until final approvals are received from both COGCC and Garfield County. Two temporary staging areas will be utilized for temporary placement and storage of drill cuttings from the Chevron GR 12-29 and Chevron 12-20, which are depicted on the Temporary Staging Areas exhibit attached to the Form 2A. The temporary staging areas will be contained within a two and one-half foot high perimeter berm which will be constructed to be sufficiently impervious to contain any accumulation of fluids. TEP acknowledges and agrees with all of the provisions of this Letter and specifically, that no processing or treatment of drill cuttings will occur until a Garfield County Land Use Change Permit is obtained from Garfield County, and the Form 28 application for a Centralized Waste Management Facility has been approved and issued by COGCC. Further, TEP understands that initiation of these activities is taken at our own risk, and further acknowledges that there is presently no guarantee that the Land Use Change Permit will be approved by the County. If either of the County Land Use Change Permit or the COGCC Form 28 are denied, TEP is responsible for identifying alternative compliant disposal options for the drill cuttings. The total volume of drill cuttings anticipated from drilling the Chevron GR 12-29 and Chevron GM 12- 20 locations is approximately 14,000 cubic yards. This volume is well below the 100,000 cubic yard threshold that is currently a permitted use (for a COGCC site) per the Garfield County Land Use Development Code. All of the drill cuttings from the Chevron GR 12-29 and Chevron GM 12-20 locations are derived from water / bentonite -based drilling muds and will be temporarily staged at the 7 Starkey Gulch CWMF pending approval of the COGCC Form 28 and the County Land Use Change Permit. TEP believes that the Starkey Gulch CWMF complies with all COGCC requirements for a Centralized Waste Management Facility and can comply with the additional Conditions of Approval as discussed to date with both COGCC and Garfield County permitting staff. TEP will begin limited construction activities at the Starkey Gulch CWMF beginning November 1, 2020 and will begin to temporarily store / stage drill cuttings from the Chevron GR 12-29 and Chevron GM 12-20 locations beginning in mid-December 2020. 2.2 Dust and Moisture Control — 908.b.(8).B Dust will be controlled by using typical dust suppressant methods such as watering (i.e., with fresh water) the roads and pad surface or using magnesium chloride when needed. 2.3 Sampling — 908.b.(8).0 Samples of the treated drill cuttings / waste materials will be collected in accordance with solid waste sampling methodologies, environmental sampling and monitoring protocols, and quality assurance practices developed and prepared by the Environmental Protection Agency's (EPA) Office of Solid Waste; specified in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, Edition, Update IV. 3rd 2.3.1 Drill Cuttings / Oily Waste Sampling Drill cuttings / waste materials transported to the Starkey Gulch CWMF will be characterized prior to final disposal. Cuttings / wastes will be managed in separate cells containing no more than 1000 cubic yards of material. Prior to each disposal event, a composite sample comprised of four grab samples from separate locations within each cell will be collected using a shovel, track hoe or rubber - tired backhoe. The grab samples will be stockpiled in an area adjacent to the pile and mixed. The composite sample will be collected from the mixed materials and will be considered to be representative of the area from which the grab samples were collected. The composite sample will then be placed directly into laboratory specified sample containers and labeled according to the relevant COGCC Table 910-1 analytes. For transport, sample containers will be placed inside a cooler, and cooled to 4°C or less to preserve sample integrity. Samples will be submitted according to the laboratory's Chain of Custody (COC) protocol unless otherwise specified. Table 2: Soil Sample Collection, Handling and Analysis Summary identifies the specific analytical test methods for each of the COGCC 910-1 chemical constituents, their allowable concentration levels, and sample handling information. 8 2.3.2 Sample Handling Only pre -cleaned, wide-mouth, glass sampling containers will be used to collect samples and ship to the analytical laboratory for analysis. For transportation, sample containers will be placed inside a cooler, and cooled to 4°C or less to preserve sample integrity. Samples will be submitted following a Chain of Custody protocol to an accredited analytical laboratory. 2.3.3 Sampling Analysis Sampling parameters for drill cuttings / waste materials can be categorized into three types of contaminants of concern: organics, inorganics, and metals. Cuttings samples will be analyzed in accordance with the EPA methods specified in latest version of "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" (SW -846) and Rule 910 of COGCC Rules and Regulations. The analytical parameters in these three categories include: • Organic compounds — TEPH (DRO - diesel), TVPH (GRO - gas), BTEX, and PAHs (Polycyclic Aromatic Hydrocarbons) • Inorganic properties — pH, Electrical Conductivity (EC), and Sodium Adsorption Ratio (SAR) • Metals — Total metals The specific analytical test methods and chemical constituents in these categories and their allowable concentration levels, as specified in COGCC Table 910-1, are summarized in Table 2. 2.3.4 Quality Control and Quality Assurance Samples submitted to the laboratory will be subject to their standard quality assurance/quality control (QA/QC) measures to satisfy a Level II Standard Analytical Result package from an accredited laboratory, which includes: • Level I Data Summary Package • Surrogate Recoveries with QC limits • Sample matrix, units, effective dilutions, prep batch number if available (for tracking prep QC) and percent moisture, if appropriate. • Batch QC Summary Reports (including Method Blanks, Laboratory Control Spike Recoveries, Matrix Spike/Duplicate Recoveries and RPDs, etc.). 2.4 Inspection and Maintenance — 908.b.(8).D 2.4.1 Inspections To ensure that the Starkey Gulch CWMF is performing as designed, and is operated in compliance with applicable COGCC requirements, the facility will be inspected for the following items at the specified frequency: 9 INSPECTION ITEM FREQUENCY Fencing / Gates / Locks Monthly Housekeeping Monthly Berm Integrity Monthly Wildlife Activity Inside Facility Daily during active drilling operations Excessive / Nuisance Odors Monthly Stormwater BMPs Bi -weekly during construction; Monthly after construction: + after any significant storm event Drainage Diversion Channels Monthly + after any significant storm event Accumulation of Liquids Monthly + after any significant storm event Noxious Weeds Spring and Summer Groundwater Monitoring Wells Annually All inspections, environmental sampling, and on-going monitoring associated with the Starkey Gulch CWMF will be performed by TEP's Environmental Compliance staff. Completed inspection forms will be maintained in TEP's Parachute office. Any issues (i.e., Corrective Actions) observed during inspections will be brought to the attention of TEP's Construction Superintendent and will be addressed in a timely manner. 2.4.2 Maintenance Maintenance and day-to-day operations of the Starkey Gulch CWMF will be the responsibility of the TEP Construction Superintendent. Primary maintenance activities will consist of: • Receiving and managing waste materials within the facility. Routine treatment, mixing, and placement of waste materials into the appropriate disposal area / cell within the facility. • Maintaining integrity of site perimeter berms, working area berms, and storm water BMPs. Ensuring there is no encroachment of storm water run-off / snowmelt coming into or leaving the facility. • Fence maintenance. A portion of the facility (i.e., along the south-eastern border and including the entrance to the facility) will be fenced as needed to ensure site security. A metal panel gate will be installed to control access at the site entrance and will be locked whenever there are no active operations occurring on-site. Any fencing and gates installed will be maintained in good working condition at all times, and repairs will be made as needed. • Weed control. The area will be kept free of noxious weeds (as listed by Garfield County) at all times. Noxious weed control will be accomplished by using a contractor to inspect the site for noxious weeds during the active growing seasons (i.e., spring and summer) and spray any noxious weeds with an appropriate herbicide as needed. 10 • Dust control. Typical dust -suppression methods such as applying fresh water or magnesium chloride will be employed on disturbed areas / high traffic areas as needed. • Odor control. Odors are not expected to be an issue at this facility; however, if needed, any nuisance odors will be controlled using an appropriate biocide product, or biological treatment as appropriate to mitigate nuisance odors. • Accumulation of liquids. Since only dry materials will be accepted and managed at this facility, the only liquids that could accumulate inside the facility would be from occasional heavy rain events or snow melt occurring within the boundaries of the facility. If significant volumes of rainwater and/or snow melt accumulate within the facility, a vac -truck will be used to remove the water to prevent contact with waste materials being managed within the facility and reduce the potential for leaching of contaminants into the sub -soils. Any accumulation of fluid in the treatment area shall be removed upon detection. The treatment area will be monitored after any significant precipitation event. 2.4.3 Environmental Monitoring • Groundwater: To comply with COGCC Rule 908.b.(9), TEP is proposing to install 1 up -gradient and 2 down -gradient monitoring wells that will be used to monitor for any subsurface contamination potentially migrating from the facility. These monitoring wells will be sampled annually. The sampling results will be maintained at TEP's Parachute Field Office and will be provided to COGCC upon request. 2.5 Emergency Response — 906.b.(8).E Unlike other Centralized Waste Management facilities, the wastes to be stored and managed at the Starkey Gulch CWMF will consist entirely of soils / solid E&P wastes. No E&P liquid wastes, pits, tank batteries, oil storage, etc. will be allowed at this location. Therefore, the Starkey Gulch CWMF is an extremely low-risk facility in terms of presenting any type of risk to human health and the environment. In the event of some catastrophic event where materials were released from the facility, the emergency response protocols as outlined in the current TEP Emergency Response Plan, and the TEP Spill Prevention and Response Plan would be followed. These plans are maintained TEP's main field office in Parachute, CO. 2.6Recordkeeping — 908.b.(8).F Records will be maintained at TEP's main field office in Parachute, CO. TEP will maintain facility inspection forms, maintenance documentation, analytical sample data, storm water management and weed control documentation, an accurate inventory of the materials received and managed at the facility, and any other information relative to the operation of this facility for a period of at least 5 11 years from the original date that the record was created. Upon request, these records will be made available for review by COGCC. 2.7 Site Security — 908.b.(8).G The Starkey Gulch CWMF is authorized to receive E&P wastes (i.e. drill cuttings and oily waste) from TEP -owned wells and operations only. A sign stating that the facility is restricted to "Authorized Users Only" and prohibiting any other use will be maintained at the facility entrance. A portion of the facility (i.e., along the south-eastern border and including the entrance to the facility) will be fenced as needed to ensure site security. A metal panel gate will be installed to control access at the site entrance and will be locked whenever there are no active operations occurring on-site. Any fencing and gates installed will be maintained in good working condition at all times, and repairs will be made as needed. The facility is located on private surface owned and operated by TEP Rocky Mountain, LLC, and there is no access to the general public or other operators in this area; therefore, the likelihood for misuse by any other party is very low. Personnel will be instructed to report any unusual or unauthorized use of the facility to their manager immediately. 2.8 Hours of Operation — 908.b.(8).H The facility will be available for use year-round; however, most activities will occur during normal daylight hours (i.e., 7:00 a.m. — 5:00 p.m.). No night-time operations are planned for this facility. During winter months (December 1 — April 30) activities will be limited to the hours between 10:00 a.m. and 3:00 p.m. whenever possible. 2.9 Noise and Odor Mitigation — 908.b.(8),I Noise: At times, this facility may have equipment operating on site that will contribute to noise production in the area. The ambient noise level during normal operating procedures was an average of 42.7 dB (A) taken over fifteen (15) minutes. This facility will be operated in compliance with the COGCC 802 b. regulation which states: "Oil and gas operations at any well site, production facility, or gas facility shall comply with the following maximum permissible noise levels." This facility is located in the light industrial zone. Zone 7:00 am to next 7:00 pm 7:00 pm to next 7:00 am Residential/Agricultural/Rural 55 dB(A) 50 dB(A) Commercial 60 dB(A) 55 dB(A) Light Industrial 70 dB(A) 65 dB(A) Industrial 80 dB(A) 75 dB(A) 12 Odor: CDPHE Regulation 2 (5 CCR 1001-4 Part A.1) States 'No person, wherever located, shall cause or allow the emission of odorous air contaminants from any single source such as to result in detectable odors which are measured in excess of the following limits...'. The facility is subject to this regulation and TEP will comply with the requirements of this regulation. No liquid wastes are allowed to be received, stored, managed, or disposed at this facility. 2.10 Final Disposition of Waste — 908.b.(8).J The final disposition of drill cuttings / waste materials that have been successfully treated to meet COGCC 910-1 cleanup standards will be permanent burial and disposal at the Starkey Gulch CWMF. These materials will not be re -used for any other purpose, nor will they be transported to any other off-site location. As cuttings / wastes are successfully treated, they will be buried and covered with at least three (3) feet of clean fill material. Upon final closure of the facility, the entire facility will be reclaimed to match pre-existing contours and revegetated with a seed mix that is compatible with the surrounding area. 3. Waste Profiles — 908.b.(6) Analytical data for each of the waste types to be received and managed at the Starkey Gulch CWMF are provided in Appendix C. The data provided for each waste type is considered to be a representative waste profile for that type of waste that will be received, managed, and disposed at this facility. 4. Closure — 908.g.(1) 4.1 Preliminary Closure Plan — 908.g.(1) The Starkey Gulch CWMF will be closed and reclaimed in accordance with the COGCC Rule 905.a. and 1003.d. Treated cuttings / waste materials stored in the trench will meet the concentration levels of Table 910-1 as described above and will be sufficiently dry prior to backfilling and recontouring activities. After cuttings have been treated to comply with Table 910-1 standards, the treated cuttings will be placed into the trench and backfilled against the cut slopes above the trench. After placement of treated cuttings within the trench has been completed, previously segregated subsoil and topsoil materials will be used to cover the treated materials. A minimum of three (3) feet of clean cover will be backfilled over all treated cuttings. The reclaimed site will be monitored for a period of 2 years after final closure. If subsidence occurs over the closed location, additional topsoil will be added to the depression, and the area will be re -leveled as close to the intended contours as practicable, and the disturbed areas will be reseeded. The total estimated costs to accomplish final reclamation and closure of the facility (e.g., final cover, backfilling, grading, recontouring, reclamation, etc.) is $250,000. TEP has secured a financial surety bond for final reclamation 13 purposes for the same amount. Additional site closure and reclamation details are provided in Attachment D. 4.2 Final Closure Plan — 908.g.(2) As required in Rule 908.g.(2), a detailed Site Investigation and Remediation Workplan (Form 27) will be submitted at least sixty (60) days prior to closure of this facility for approval by the Director. The Workplan shall include a description of the activities required to decommission the facility. For the purposes of the Starkey Gulch CWMF, these activities would include: • Collecting final confirmation samples as needed to verify compliance with soil and ground water standards; • Removal and disposal of all fencing materials used at this facility for site security purposes; • Removal and reclaiming any access roads and working pad surfaces within the boundaries of the facility; • Final contouring of the reclaimed surface and successfully revegetating all disturbed areas. 5. Objective Criteria Mitigation Measures In compliance with SB 19-181 Objective Criteria requirements, TEP has considered potential impacts of this facility upon public health, safety, and the environment. To accomplish this evaluation, TEP used the Objective Criteria Mitigation Measure Toolbox (https://cogcc.state.co.us/sb19181.html#/doc) as an aid to determine which criteria are applicable to this facility, and how to mitigate potential impacts (if any) that may be applicable to the facility and its related operations. The Objective Criteria and the mitigation measures applicable to each criterion are summarized below: • Traffic Hazards / Access Road Nuisances: TEP has implemented speed restrictions for all lease roads and requires that all TEP employees and contractors adhere to the posted speed restrictions. The Starkey Gulch CWMF will be constructed on private surface owned and controlled by TEP Rocky Mountain LLC. There is no public access to the area where the facility will be constructed, and the only traffic in the area is directly related to oil and gas operations. • Aesthetic Degradation: This has been addressed in Section 2.4. • Drinking Water Contamination: Ground water monitoring is addressed in Section 2.4.3. The distance to the nearest permitted water well that is used for domestic purposes is —2,000 feet northeast of the proposed Starkey Gulch facility, and the depth to groundwater at this location is approximately 30 feet bgs. However, this well is located up- and cross -gradient from the Starkey Gulch CWMF and it is unlikely that it could be hydrologically impacted by the Starkey Gulch facility. • Fire/Emergency Response: This is addressed in Section 2.5 of the operating plan, and within the Form 28 application as well. 14 • Emissions: Potential air emissions from the facility have been reviewed and evaluated for potential air permitting requirements through the CDPHE Air Pollution Control Division. Based upon data that is representative of the type and volume of cuttings to be placed into the Starkey Gulch CWMF, the estimated emissions calculated for this facility fall below any CDPHE permitting threshold. • Fishery Contamination: Parachute Creek is located approximately 2,500 feet due east of the proposed location of the Starkey Gulch CWMF. There will no impact to any fish populations that may be present in this reach of Parachute Creek. The facility is designed such that there will be no potential for migration of sediments, cuttings, or oily wastes outside the boundaries of the facility as depicted in the construction layout drawing. Over-sized stormwater BMPs and site berms will effectively contain any sheet flow from leaving the facility. • Fugitive Dust: This is addressed in Section 2.2. • Groundwater Contamination: Groundwater monitoring is addressed in Section 2.4. • Light Pollution: No night work operations planned for this location. This topic is addressed in Section 2.8. • Noise and Odors: These topics are addressed in Section 2.9. • Soil Contamination / Spills: These topics are addressed in Section 2.1. Drill cuttings and oily wastes will be treated on-site through mixing/blending drill cuttings and oily wastes with clean soil, adding nutrients, and/or use bio-remediation additives to reduce contaminant levels to below COGCC 910-1 cleanup standards. Only solid/soil materials will be accepted and processed at this facility. No liquid wastes will be stored or treated at any time. • Stormwater Impacts: This site will be covered under a CDPHE Construction Stormwater Discharge Permit that has been approved for TEP's Grand Valley field. Stormwater BMPs will be implemented before, during, and after construction in accordance with the CDPHE to mitigate any potential stormwater discharges associated with the construction and operation of this facility. Inspections and subsequent maintenance of BMPs are discussed in Section 4 and will be conducted in accordance with the terms and conditions of the CDPHE Stormwater Discharge Permit. • Trespass and Vandalism: The location where the proposed facility is located is on land owned, operated, and controlled by TEP Rocky Mountain LLC. There is no public access to this area. Fencing and installation of gates that are locked on the main entrance to the facility will further control / eliminate any unauthorized activities related to this facility. • Viewshed Obstruction: The disturbance associated with construction of the Starkey Gulch CWMF is in an obscure location at the mouth of Starkey Gulch and will be difficult to discern from any given location. The site does not present a risk to any significant viewshed area. The disturbance will be temporary after which the site will be reclaimed and restored back to its pre- existing site conditions. 15 • Vegetation Loss: This area where the facility is proposed, was previously permitted and constructed to be used as a drill cuttings management / disposal facility, but it was never used. The disturbed area has since been reclaimed and is currently comprised of grasses, forbes, and native shrubs. The area to be disturbed represents only a minimal amount of vegetation loss on a temporary basis. Once the facility has been filled, the facility will undergo final reclamation and all disturbed areas will be restored with vegetation that is representative of the surrounding area. • Wildlife Impacts / Habitat Fragmentation / Reduction: The Starkey Gulch CWMF is located within Mule Deer Critical Winter Range and Elk Winter Concentration Area sensitive wildlife habitat boundaries as mapped per the current COGCC geospatial data. The existing access road to the Starkey Gulch CWMF traverses through Mule Deer Critical Winter Range and Elk Winter Concentration Area sensitive wildlife habitat. The Starkey Gulch CWMF is being constructed within an area previously disturbed by O&G activities. Impacts to wildlife will be minimized through planned construction methods (i.e. wildlife ramp), periodic inspections and the proposed wildlife BMPs listed on the O&G Location Assessment (Form 2A). 16 Table 1 Waste Generation Locations and Volumes Table 1. Summary of Locations Generating Drill Cuttings to be Managed at Starkey CWMF Cuttings Volume by Well Cuttings Volume for Transport to Starkey Gulch CWMF Pad Name Well Name Water Based Cuttings Oil Based Cuttings Total Water Based Cuttings by Pad Total Oil Based Cuttings by Pad Total Cuttings Volume by Pad Total Volume GR 12-29 I GM 41-30 600 0 8,400 0 8,400 21,200 GM 341-30 600 0 GM 441-30 600 0 GM 541-30 600 0 GM 422-29 600 0 GM 13-29 600 0 GM 413-29 600 0 GM 313-29 600 0 GM 544-19 600 0 GM 32-30 600 0 GM 342-30 600 0 GM 442-30 600 0 GM 532-29 600 0 GM 312-29 600 0 - GM 12-20 GM 32-19 400 0 5,600 0 5,600 GM 332-19 400 0 GM 632-19 400 0 GM 432-19 400 0 GM 532-19 400 0 GM 442-19 400 0 GM 43-19 400 0 GM 343-19 400 0 GM 443-19 400 0 GM 543-19 400 0 GM 31-19 400 0 GM 331-19 400 0 GM 431-19 400 0 GM 531-19 400 0 - GM 14-2 GM 710-31-15-HN1 400 400 0 800 800 GM 710-41-15-HN1 400 400 - GM 264-2 GM 711-11-14-HN1 400 400 0 800 800 GM 711-21-14-HN1 400 400 - GM 265-2 GM 711-31-14-HN1 400 400 0 800 800 GM 711-41-14-HN1 400 400 _ GM 237-36 GM 735-44-35-HN1 400 400 0 2,000 2,000 GM 736-14-25-HN1 400 400 GM 736-24-25-HN1 400 400 GM 736-34-25-HN1 400 400 GM 736-44-25-HN1 400 400 _ GM 21-2 GM 735-14-35-HN1 400 400 0 1,200 1,200 GM 735-24-35-HN1 400 400 GM 735-34-35-HN1 400 400 GM 23-34 GM 734-14-27-HN1 400 400 0 1,600 1,600 GM 734-24-27-HN1 400 400 GM 734-34-27-HN1 400 400 GM 734-44-27-HN1 400 400 18 Table 2 Sample Collection, Handling, and Analysis Summary Table 1. Soil Sample Collection, Handling and Analysis Summary Analyte Class Analysis COGCC Table 910-1 Concentrations Standard Holding Time Method Organics TEPH (DRO) 500 mg/kg 14 days SW 8015 mod TVPH (GRO) 500 mg/kg Benzene 0.17 mg/kg 14 days SW 8021 Toluene 85 mg/kg Ethylbenzene 100 mg/kg Xylenes (total) 175 mg/kg Acenaphthene 1,000 mg/kg 14 days SW 8270 Anthracene 1,000 mg/kg Benzo (A) anthracene 0.22 mg/kg Benzo (B) fluoranthene 0.22 mg/kg Benzo (K) fluoranthene 2.2 mg/kg Benzo (A) pyrene 0.022 mg/kg Chrysene 22 mg/kg Dibenzo(A,H)anthracene 0.022 mg/kg Fluoranthene 1,000 mg/kg Fluorene 1,000 mg/kg Indeno(1,2,3,C,D)pyrene 0.22 mg/kg Napthalene 23 mg/kg Pyrene 1,000 mg/kg Inorganics Electrical Conductivity < 4 mmhos/cm or 2x background 28 days USDA Hdbk Sodium Adsorption Rate < 12 180 days pH 6-9 < 24 SW 9045 Total Metals Arsenic 0.39 mg/kg 28 days for Hg & 180 days for remaining SW 6010, 6020, 7470 Barium 15,000 mg/kg Cadmium 70 mg/kg Chromium (III) 120,000 mg/kg Chromium (VI) 23 mg/kg Copper 3,100 mg/kg Lead (inorganic) 400 mg/kg Mercury 23 mg/kg Nickel (soluble salts) 1,600 mg/kg Selenium 390 mg/kg Silver 390 mg/kg Zinc 23,000 mg/kg 20 Attachment A Area Location Map 1000 2000 ACCESS DESCRIPTION: FROM THE INTERSECTION OF STATE HIGHWAY 6 AND COUNTY ROAD 215 AT PARACHUTE, PROCEED NORTHERLY ALONG COUNTY ROAD 215 t3.9 MILES TO AN INTERSECTION WITH A DIRT/GRAVEL ROAD, PROCEED LEFT INA SOUTHWESTERLY DIRECTION t1.5 MILES TO AN INTERSECTION WITH A DIRT/GRAVEL ROAD, PROCEED RIGHT IN A NORTHERLY DIRECTION t0.1 MILES TO THE STARKEY GULCH CENTRALIZED WASTE MANAGEMENT FACILITY LOCATION, AS SHOWN HEREON. 136 East Third Street Rifle, Colorado 81650 Ph (970) 625-2720 Fax (970) 625-2773 SCALE: 1 " = 2000' DATE: 2/11/20 PLAT: 3 of 5 PROJECT: TEP Vallee Construction Plan Prepared for: TERRA TEP Rocky Mountain LLC Starkey Gulch Centralized Waste Management Facility ACCESS ROAD & 7OP0 MAP Attachment B Site Construction and Layout Map evz.00zovez..,,,a, Section 32 T. 6 S., R. 96 W illtill!liiiiiiiiiiiiii:11111111Lhil cii 11 /Ili 1,,--______-__ ofDisturbance___ Hill i 11111111111 11 11 - -- /)i/)i))/j/i/i),/ii1,1/214 ..j. /I i /I, 1/ I Diversion Dit fr 0 1 1 1 1 1 iiiiiiii // 1 111111 jai ,/ 1 If iii if ii, 1 ill I/ ti /,_ L__L_________;____////,/, z// ////7,// Range/ii,//Fein, f ielj ii i ii c/ 1111111111(1-= -f-_--- -;;- 111,111--:--:-:----7----/..-------,- -;..-5, - Eage of/Phasp 1 Pfd ii fk,--:-.:,-----_-_---- ------- -!----7/7'7 /71, 7 ,__----_---_:__----,-__--_---__-:--_//-,-,/ ///—////7i1 /11/11/i7l1l 1/ / , \ il 111111 /2/ 1(1/ // / \ \ \ s.s,..__:---, _-----— / \ -- Proposed Phase1ent/ / N:1613031.2 Maintain Exist.Sediment Trap sy;\st N \ - - - ° \\\\ 1 , /X Approx. Limit-- * I \ E2258650.3 // Exist. El.: 5495 \ 1 I\ — -__ --,,,, _ 7:---==-1----. / ' / /------.--_-j-_--:-.-_-- -z--_-- - _f --:- -/- - -----_ SW t #8 -„,,,,, ____ 7,---___ 1 . _,_-/----_-_----_-_:- _--- — ,- C 129 — — // -_--=:- -=-----:- -- --°-: :;-----Prepos_ejti--=-/ ' -'- __----_,,---- -__„--Z2--=----„,--------_-_-_-----__ ----2------,L-_-_-=-Diverst_on-jYtelr -_-_,-----_-=-_--_=:// / /- -- _ — — - — --.Z-- --,---:--- -E--_-1--_- ---_----_------_,-_-:_' ' 1 ) - )_' ____ _ _--- _--- ---_-_-_MaintaM Exist il ,.. 1 / - ----_--Se/ _ m ent Trap - X (-) itz). ,0---- Daylight -Line— . . , 10' Fire Lane -- › X c 0, -4 " Buffer ->',:', -....,_. _ PlrebeSel0 Diversion Ditch) I j aintain E' 77rxx tes - — 5510 7-7 Daylight Line — 14) CO/. 70 ' / Prop. Sediment Thap ; \ \ N, Cor #1B C 0.8' 10' kire Lane 10/Buffer 'Edge of Pad ,// // 2C 2C - ,/ Excess -Soil / Stockpile Arela // 433,800 Existing Sed. Trap 2 Pit/Fencing ife Ram 7 m6ch Bottomir) Phase 1 Pit (Vol.: ±21,170 cy ) C 3.5' Pit Fenci p F(46 of P d / Top EdgH / of P. Prop. Access R Max. Grade 8. 124' EXIA rn rn oad Top Edge of Pit 10' FireLane - 10' Buffer Phase 2 Pit (Vol. ,020 cy) /// DaylightL1ne7— I \ )\ •-• ;Range Fence 1( \ \ X \ \ / Proposed Diversion Ditch Approx. Limit of Disturbance / 7C 7C 7C 7C 7C 7C 7C 7C 7C 7C 7C 7C 7C 3t 7C CCI Appt�?Limit of Disr.u; bance GRAPHIC SCALE IN FEET 1 INCH = 80 FEET z // / / // / / / / / / / / / / / z / / Exist. Culvert y -c. c,e'b / eCL°7 e 7 Exist. Ditch < Exist. Limit of Disturbance (4/4/18) Cor #4,4 Exist. Culvert —/ Proposed Culvert Proposed Gate REVISED: 10/28/20 136 East Third Street Rifle, Colorado 81650 Ph. (970) 625-1330 Fax (970) AL SCALE: 1" = 80' DATE: 4/ 18/ 18 SHEET: lA of 5 PROJECT: TEP Valley DFT: cs Surface Roughening PLATJA Construction Plan Prepared for: TEP Rocky Mountain LLC TERF Starkey Gulch Centralized Waste Management Facility PHASE 1 CONSTRUCTION LAYOUT Attachment C Waste Profile Information Waste Profile for Typical Drill Cuttings and Oily Wastes to be Placed at the Starkey Gulch CWMF COGCC Table 910-1 Contaminants of Concern COGCC Table 910-1 Threshold Waste Profile for Typical Drill Cuttings and Oily Wastes to be Placed at the Starkey Gulch CWMF Drill Cuttings Derived from Bentonitic Water -Based Drilling Fluids (A) Drill Cuttings Derived from Oil -Based Drilling Fluids (B) Oily Soils / E&P Wastes (C) 0 to 6000' depth 6000' to 8000' depth At Vertical Depth of 8000': Horizontal Leg 4000' to 8000' Representative values for materials that are expected to be managed at Starkey Gulch CWMF TEPH (DRO) 500 62 83.3 61500 200 - 700 TVPH (GRO) ND 50.8 186 10 - 200 ND - 2 BENZENE 0.17 ND 1.85 ND TOLUENE 85 ND 6.59 ND ND - 1 ETHYLBENZENE 100 ND 0.27 ND ND - 1 XYLENE TOTAL 175 1,000 ND 5.4 ND ND - 1 ACENAPHTHENE ND ND ND ND ANTHRACENE 1,000 ND 0.13 ND ND BENZO(A)ANTRHACENE 0.22 ND 0.56 ND ND BENZO(A)PYRENE 0.022 ND 0.012 ND ND BENZO(B)FLUORANTHENE 0.22 ND 0.015 ND ND BENZO(K)FLUORANTHENE 2.2 ND ND ND ND CI-IRYSENE 22 ND 0.21 ND ND DIBENZO(A,H)ANTHRANCENE 0.022 ND ND ND ND FLUORANTHENE 1,000 ND 0.03 ND ND FLUORENE 1,000 ND 0.28 ND ND INDENO(1,2,3-CD)PYRENE 0.22 ND ND ND ND NAPHTHALENE 23 0.027 2 ND ND PYRENE 1,000 0.39 ND 0.09 ND ND ARSENIC 3.6 2.5 7.6 2 - 10 BARIUM 15,000 310 1,569 3,300 ND - 1100 CADMIUM 70 0.43 0.16 ND ND - 2 CHROMIUM - 6.6 6.35 10.8 5 - 40 CHROMIUM (III) 120,000 0.43 6.6 ND 5 - 40 CHROMIUM (IV) 23 ND ND ND ND COPPER 3,100 12 28.1 25 3 - 50 LEAD 400 9.7 17 12 ND - 20 MERCURY 23 0.075 0.082 0.07 ND - 0.1 NICKEL 1,600 8.5 11 33 5 - 25 SELENIUM 390 ND 0.55 3.7 ND - 40 SILVER 390 ND ND ND ND ZINC 23,000 <4 mmhos/cm x2 bkgd 35 59 66 ND - 60 ELECTRICAL CONDUCTIVITY (EC)or (mmho/cm) 8.0 6.2 28.0 0.5 - 12 pH 6 to 9 8.02 8.88 10 7.5 - 9.8 SODIUM ADSORPTION RATIO (SAR) 12 11 23.3 4.1 1 - 30 (A) Calculated average value based upon cuttings data from 18 Mesa Verde wells (B) Calculated average value based upon cuttings data from 5 Niobrara wells (C) Ranges derived from soils remediation data associated with various condensate and produced water spills Attachment D Site Reclamation and Closure Diagram Section 32 T. 6 S., R. 96 W 1'1111 \ I1 1 \V,\\\, AAA\ v 1111111 I \ 1 A V \\`` �A\V� 111 �I III I I 1 vvv�vw`�\AAVA A \VA� )IIV1V111 / �vV` A\\AAAA���v� 111111)111\III // /' L %\yAAA ' IIII I 1\1 V A V vVA \ 11'1 l l 1 A s �, --------- �V� —_-__ 1\ 1 \ \ / 11\111 \ 111111 v v� v\vA A� v C — — — _ — \Iv�/�/� v�AA V` A ,, ��vV`\ \A_l 1� 1 ,..\\\\_\\,\ VAAV `V A \ \\\\\N ` A 1l� II ' \\\\\\\\ \ \1 Exist. 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II 1,11 i�—i/-'lIII — / 1 hill -S-2 / I / 1 77 VAAAVAAAA�A111 v \ // \ \\ I\1 I III P3 ama / / // / �I / 1 II II I — /i / / l /ll t- 77;7%47'7> / �/ / / I :distarbaee=� -DmersitsrrfFi � _= - - � /cy� / / r v / //yrao /�/1 / .hh�o� // / / /----- / // / / /_ —/ / / / / / 1 1 / i_-- — -/ /� / //� Sediment / i Trap 1 / / / / 65a`' Edge of anginal Pad _ - - 50 / 55 / i / V A \\AA �' i / v // / / :(Jr_( 1 1 1 \ 1�1 , l I / ',�,/ / 1 I_ / — .I. / / 7/Qe / / Or/gin I Pad / / 1 / Exist. — — I / / / / / Access I -- -/ 7— Maintain Diversion Ditches / / / / / // �i / —_—'— / / \ �\\� �/ j//i �� 2 -/ / r�3C� / / \ \ \J \ \ REVISED: 10/28/20 va \ \\,/ 1 \/ '> Maintain ✓/7-�oa6/ Exist. Culvert / eysy / Maintain Exit Road Ditch 0 40 80 GRAPHIC SCALE IN FEET 1 INCH = 80 FEET / / / / / / / TOTAL FACILITY DISTURBANCE: ±6.61 ac. Seed & Mulch SM Surface Roughening PLAT 5 136 East Third Street Rifle, Colorado 81650 Ph. (970) 625-1330 1aull1 Fax (970)625-2773 iL SCALE: 1 " = 80' DATE: 3/ 18/19 SHEET: 5 of 5 PROJECT: TEP Valley DFT: cs Construction Plan Prepared for: TER TEP Rocky Mountain LLC Starkey Gulch Centralized Waste Management Facility INTERIM RECLAIMATION LAYOUT TEP Rocky Mountain LLC November 2020 4-203.J. Development Agreement — Waiver Requested Per 4-202, Waiver of Submission Requirements, TEP Rocky Mountain LLC seeks a waiver for these submittal requirements. The information for a Development Agreement is not applicable or material to the scope of the proposed project. The Starkey Gulch Waste Management Facility will be permitted as an oil and gas location and will be subject to COGCC rules and regulations. There will be no establishment of vested property rights. Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC November 2020 4-203.K. Improvement Agreement — Waiver Requested Per 4-202, Waiver of Submission Requirements, TEP Rocky Mountain LLC seeks a waiver for these submittal requirements. The information for an Improvement Agreement is not applicable or material to the scope of the proposed project. The Starkey Gulch Waste Management Facility will be permitted as an oil and gas location and will be subject to COGCC rules and regulations. Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC November 2020 4-203.L. Traffic Study Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review Fox Engineering Solutions, Inc. November 2, 2020 Adam Tankersley Planning Lead TEP Rocky Mountain, LLC 1058 County Road 215 Parachute, CO 81635 Re: Starkey Gulch Centralized Waste Management Facility Section 4-203.L Traffic Study: Garfield County Land Use and Development Code NE 1/4 NE 1/4 Section 32 & SE % SE % Section 29, Township 6 South, Range 96 West, 6th P.M, Garfield County, CO Dear Mr. Tankersley, As requested, Fox Engineering Solutions ("FES") has prepared this letter report to address the Traffic Study associated with the Starkey Gulch Centralized Waste Disposal Facility (CWMF) per Garfield County's LUDC Section 4-203.L. FES's understands that TEP Rocky Mountain, LLC (TEP) is proposing to develop the site as a centralized waste management facility (CWMF) to treat and dispose of gas exploration and production (E&P) solid wastes generated by TEP during drilling, completions, and production. The E&P solids wastes are not hazardous waste as defined in Article 15 — Definitions of the Garfield County LUDC and elaborated in the Colorado Department of Public Health and the Environment regulations. The CWMF facility is concurrently being permitted through the Colorado Oil and Gas Conservation Commission's (COGCC) Rule 908, Centralized E&P Waste Management Facilities. The CWMF is located approximately 4 miles north/northwest of the Town of Parachute, at an elevation of 5550 ft. MSL, in the NE 1/4 NE 1/4 of Section 32 and the SE 1/4 SE 1/4 of Section 29, Township 6 South, Range 96 West of the 6th P.M. The Starkey Gulch CWMF is within the boundaries of a +1200 acre tract of land owned by TEP Rocky Mountain LLC. Initial construction traffic and operations staff will access the facility from an existing private road located on TEP and Bargath LLC property. This access is closed to the public. The private road was constructed more than 40 years ago to service ranching and oil and gas activities and comes off of County Road 215, 3.5 miles north of Parachute. Traffic control signs along with turn/acceleration lanes are located at the existing intersection of CR 215 and the private road. The CWMF and private access road are shown on the attached Site Access Map and Legal Description Map which includes access points from CR 215 and to the CWMF. A copy of the easement agreement between WPX Energy (TEP) and Bargath is attached. The proposed uses are allowed under the easement agreement. Non -hazardous waste from eight well pads is to be processed at the proposed CWMF. No State or Federal highways (1-70) will receive traffic from the proposed uses and operations. These well pad locations and 1-70 are depicted on the attached Service Area Map. Mr. Adam Tankersley Starkey Gulch CWMF The most recent traffic count on CR 215 was conducted by Garfield County Road and Bridge Department in May of 2019. The County recorded Average Daily Trips (ADT) of 1282. The traffic counter was placed 1.6 miles north of Parachute where the railroad crosses CR 215. ADT data from other sources including the Manual on Uniform Control Devices, other Trip Generation manuals and CDOT standards for the proposed uses have not been characterized by and are not available from these sources. A 5 -day traffic count was conducted in October by FES on the access road near the entrance to the CWMF. The traffic count indicated an ADT of 30. During the operational phases of the CWMF, the ADT is calculated to increase by an estimated 32 ADT for waste transportation and staffing. 24 ADT is estimated for transporting 600 cubic yards of drill cuttings over a five day period in 10 yd. trucks and 8 ADT for an estimated four staff/contractors manned at the facility during operational days. Section 4-203.L.b.2. requires that projected traffic volumes on any County road segment from the proposed uses not exceed current volumes by 20%. The County's ADT of 1282 was taken at the railroad crossing and CR 215. Between the railroad crossing and the intersection of the proposed access road on CR 215, approximately 2.9 miles, a significant portion of traffic is associated with intervening businesses including TEP's operation center, Williams Midstream offices, Solvey's processing plant and ranching operations. No State, Federal or municipal intersections or roads will be impacted by the proposed uses. FES has conservatively estimated that 25% of the County's 1282 ADT or 320.5 ADT reaches the proposed access road on CR 215. Twenty percent of 320.5 ADT equates to 64.1 ADT. The projected traffic increase for the CWMF is estimated to be 32 ADT, an increase of 10%. This is within the acceptable traffic increase percentage. The subject area is located in Garfield County which has historically been used for cattle grazing, mining and natural gas extraction. Uses immediately adjacent to the facility include pasture irrigation, cattle grazing and natural gas extraction well pads. The surrounding area is currently utilized for active oil and gas development, pastures irrigation, cattle grazing and opens rangeland. The CWMF site is a formally reclaimed drill cuttings handling facility with an original construction disturbance area of 5.98 acres. The proposed CWMF will utilized most of the 5.98 acres and include an additional 0.15 acres for a total disturbed area of 6.13 acres. Three disposal areas within the site, delineated as Phases 1 through 3, will be utilized to store treated solid waste. Once a waste batch is treated and meets the COGCC Table 910-1 treatment concentration levels, an appropriately sized portion of the solids waste disposal area will be excavated to dispose of the batch of waste within the disposal boundary. The disposal area will only be excavated as treated materials become available and are ready for burial. Construction of the CWMF involves grading and stockpiling of soil and topsoil and is anticipated to take three weeks. Heavy equipment, including, but not limited to, backhoes, front end loaders, bulldozers, vibratory compactors, dump trucks and water trucks may be utilized during construction and operational phases. During the construction phase, heavy equipment will be mobilized to the site and employees/contractors will access the site during the work week. It is estimated that 6 employees/contractors will be onsite during construction resulting in 12 ADTs plus 10 ADTs from water truck hauling for compaction and dust control. Mobilization will occur at the beginning and termination of construction resulting in an additional 10 ADTs. Fox Engineering Solutions, Inc. Page 2 Mr. Adam Tankersley Starkey Gulch CWMF During the operational phases of the CWMF, the facility may be manned with up to four employees and contractors resulting in 8 ADTs. An additional 24 ADTs are anticipated for truck hauling to and from the site. AM and PM peak hour volumes and distributions for the proposed uses are not characterized in Trip Generation Manuals. Operationally, staff will arrive in the morning between 7 and 8 am and depart between 4 and 5 pm. Haul trucks will arrive continuously throughout the day between 7 am and 5 pm. Final stabilization of the site will occur after the waste processing phases are completed and the site decommissioned. Operational equipment will be removed permanently from the site. Respectfully submitted, David Fox, P.E. Fox Engineering Solutions, Inc. P.O. Box 412 Fruita, CO 81521 Ph: (970) 250-5505 Email: coloradofox(a�bresnan.net Fox Engineering Solutions, Inc. Page 3 Mr. Adam Tankersley Starkey Gulch CWMF A o 9 0 ® 4 O 0 J6111411 ID N n n h 4 y N J J N N Z 41 WO1 .13°'4 Vq. 4Ate 4 RILt c„ 8 k S ;Rai 1110: ii d o. 4. U �x� !gk .�� b�q , °a��x�ti yak Ok'h a a °tel$ g0, 104 MOW \ r'( i E- AM— Fox Engineering Solutions, Inc. Page 4 Mr. Adam Tankersley Starkey Gulch CWMF Bargath'LLC Easement Re -coition #855214;,.^ 1-. . i MIXPIL L egai Description: T6S R98W, Section 26, Lot 10, Lot 12 Section 29, SESE Section 32, NENE Section 33, Lot 2, Lot 3, NWNW, SEN,, SWNE Legend • Starkey Gulch CWMF Site Fs Access Route (1.54 Miles) Road (from Garfield County) - Existing Road Parcel Ownership Starkey Gulch CWMF Site Boundary Starkey Gulch Centralized Waste Management Facility Site Access Map October 29, 2020 s 0 500 1, 000 2,000 Feet T .rwas..P .enrkLGrtntl Vnlleyti,tenn.y Cutch Ct MP...A { f i] 'erfAa Cconly; UE ❑Darn en[54`i[eAc # ++der, mxo ATsMers14y 10.097V20 2'09'43 Pm Fox Engineering Solutions, Inc. Page 5 Mr. Adam Tankersley Starkey Gulch CWMF w 5 co 0.1 October 29, 2020 Fox Engineering Solutions, Inc. Page 6 I■r•ralin■nlIW 4.:1711■ ■■■ ■l%r■■■■■Bill rti:i■ili■u•I■. •IiIIIIIIiII*dI:Iirik -mai■■■■■■!4'■11I IIIIIIIII ■■nCR ■ NEU • TM ►y IMM II El sill an ili■iv■■■ Illabliti sir q 6 AMNION imartioni I unmans ► T0111•■■ ;M■■■■11 i ; r1■n■g it 7ii■` ■II■■IIIN a ■ ■■ Euro ii i■■■■E! airragnaweimm zia tilL�iaM■ ■Fd 1■al■■■,.�:�■■'l: 1!■■■■■M■■I■��11•1111iiiJ1�. IMl num" ■riNIIIINVIFIREIVIMItill■►ENN ins EmIrmitili•I IIII iii►?I■■■■■■■■Il1i■■11+•1■I O ■WSW 111■■■■1A1■■■■■■1■■EMI ■■1■■II1■■ter■■■I III ■■■■.I■1151■r■1 I'M ■■' BINE ELM Will.1 NV •moi M. I m I■ ■■■■■IMP=■ ■■MUM imi■■ -1;' All t% i IN ,I".' 11112111104 �F i il Rio 1111 ' III 1111.. f _ It 7 111 y. P M mol w 5 co 0.1 October 29, 2020 Fox Engineering Solutions, Inc. Page 6 TEP Rocky Mountain LLC November 2020 4-203.M. Water Supply and Distribution Plan — Waiver Requested Per 4-202, Waiver of Submission Requirements, TEP Rocky Mountain LLC seeks a waiver for these submittal requirements. The proposed project does not require water for the installation, maintenance or operation of the facility. TEP will not provide water at the facility. Personnel installing and operating the facility will bring their own potable water to drink to work every day, in a container of their choice, in their vehicles, as typical for oil and gas field personnel. Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC November 2020 4-203.N. Wastewater Distribution Plan TEP Rocky Mountain LLC provides employees porta john facilities on the Starkey Production Pit COGCC Facility ID 414554 which is less than five minutes from the Starkey Gulch Waste Management Facility. The porta johns are serviced weekly by Western Colorado Waste. Please see the attached map detailing the location of the porta johns. Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review Legend O Porta John Location Starkey Gulch CWMF Site Existing Road Parcel Ownership (from Garfield County) Starkey Gulch Centralized Waste Management Facility Wastewater Plan Porta John Locations October 29, 2020 S 0 775 1,550 3,100 Feet T\Projects\Piceance\Grand Valley\Starkey Gulch CWMF\Visit (2)\Garfield County LUC Documents\WastewaterPlan.mxd ATankersley 10/29/2020 2:26:03 PM TEP Rocky Mountain LLC November 2020 Article 7 — Standards Division 1— General Approval Standards 7-101— Zone District Use Regulations The Starkey Gulch Waste Management Facility is located within Resource Lands zone district in gentle slopes (RL -GS) and complies with the applicable zone district use restrictions and regulations. As discussed in the Pre -Application Conference, Table 3-403 in the LUDC allows the use of material handling and processing in RLTS zone districts through Administrative Review process and approval. 7-102 — Comprehensive Plan and Intergovernmental Agreements The proposed Land Use Change is in general conformance with the Garfield County Comprehensive Plan 2030 Update. Section 9 — Mineral Extraction of the Comprehensive Plan states the vision: "In working with mineral extraction projects, the county will protect the public health, safety and welfare of its citizens. Ensure that mineral extraction is regulated appropriately to promote responsible development and provide benefit to the general public. Ensure that mineral extraction activities mitigate their effects on the natural environment, including air quality, water quality, wildlife habitat or important visual resources." In conformance with the Comprehensive Plan and in addition to the Land Use Change Permit, TEP is seeking approval from all appropriate agencies, including Colorado Oil and Gas Conservation Commission, in consultation with Colorado Department of Public Health & Environment, Colorado Parks and Wildlife, to ensure activities mitigate effects on the natural environment, air and water quality, wildlife habitat and visual resources. There are no intergovernmental agreements associated with the parcel. 7-103 - Compatibility The project will occur within a previously permitted oil and gas location in the Starkey Gulch area surrounded by natural gas processing and produced water recycling operations. The location is accessible only by private lease roads and is oriented among oil and gas locations with active wells. Table 3-403 in the LUDC allows the use of material handling and processing in RLTS zone districts through Administrative Review approval. 7-104 — Source of Water — Waiver Requested A. BOCC Determination — TEP Rocky Mountain LLC would like to request board approval for the narrative below. B. Determination of Adequate Water — The proposed project does not require water for the installation, maintenance or operation of the facility. Personnel installing and operating the facility will bring their own potable water to drink to work every day, in a container of their choice, as typical for oil and gas field personnel. TEP will not provide water at the facility. The project is located within an existing oil and gas field and will occur on an existing oil and gas location. Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC November 2020 7-105 — Central Water Distribution and Wastewater Systems — Waiver Requested A. Water Distribution Systems — Not applicable to the project, see narrative below. B. Wastewater systems — Not applicable to the project, see narrative below. The Starkey Gulch Waste Management Facility will not require central water distribution of wastewater systems and therefore under section 4-118, Waiver of Standards, TEP is requesting a waiver. During construction and operations, TEP Rocky Mountain LLC provides employees porta john facilities on the Starkey Production Pit COGCC Facility ID 414554 which is less than five minutes from the facility. The porta johns are serviced weekly by Western Colorado Waste. 7-106 — Public Utilities — Waiver Requested Use of public utilities is not required to support the Starkey Gulch Waste Management Facility and therefore under section 4-118, Waiver of Standards, TEP is requesting a waiver from submitting. Please refer to the Operation Plan Impact Analysis Appendix G for additional information. 7-107 — Access and Roadways — Please refer to report provide by FES, see Appendix A-7 of this report. 7-108 — Use of Land Subject to Natural Hazards — Please refer to report provide by FES, see Appendix B- 7 of this report. 7-109 — Fire Protection — Waiver Requested A. Adequate Fire Protection — The Starkey Gulch Waste Management Facility will be constructed in compliance with COGCC Rules to mitigate fire hazards. Additionally, no E&P liquid wastes, pits, tank batteries, oil storage, etc. will be allowed at this location. The Starkey Gulch CWMF is an extremely low-risk facility in terms of presenting any type of risk to human health and the environment and therefore under section 4-118, Waiver of Standards, TEP is requesting a waiver. In the event of some catastrophic event where materials were released from the facility, the emergency response protocols as outlined in the current TEP Emergency Response Plan, and the TEP Spill Prevention and Response Plan would be followed. These plans are maintained TEP's main field office in Parachute, CO. Please refer to the Operation Plan Impact Analysis Appendix G for additional information. B. Subdivision — The location is not within a subdivision and therefore under section 4-118, Waiver of Standards, TEP is requesting a waiver. Division 2 — General Resource Protection Standards 7-201- Agricultural Lands A. No adverse effect to agricultural operations will occur. The project site will occur on an existing oil and gas location. B. Domestic Animal Control — Dogs or other animals are not allowed on location per TEP field operating rules. Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC November 2020 C. Fences — The Starkey Gulch CWMF is authorized to receive E&P wastes (i.e. drill cuttings and oily waste) from TEP -owned wells and operations only. A sign stating that the facility is restricted to "Authorized Users Only" and prohibiting any other use will be maintained at the facility entrance. A portion of the facility (i.e., along the south-eastern border and including the entrance to the facility) will be fenced as needed to ensure site security. A metal panel gate will be installed to control access at the site entrance and will be locked whenever there are no active operations occurring on-site. Any fencing and gates installed will conform to code, will always be maintained in good working condition, and repairs will be made as needed. D. Roads — See section 7-107 above, Access and Roadways for explanation. No additional site disturbance is anticipated. E. Irrigation Ditches — No irrigation ditches occur within the project area. 7-202 — Wildlife Habitat Areas TEP Rocky Mountain LLC ("TEP") consulted with Colorado Parks and Wildlife on the Starkey Gulch Waste Management Facility on March 6, 2020 as required by the COGCC in preparation for submitting a Form 2A. TEP proposed implementing Wildlife Best Management Practices (BMPs) at this location to eliminate or minimize potential adverse impacts to wildlife and wildlife habitat. Please see Appendix C-7 for supporting documentation and BMP discussed between TEP and CPW. Please also refer to the Impact Analysis Report provided by WestWater under Impact Analysis Appendix B. 7-203 — Protection of Waterbodies — Please refer to report provide by FES, see Appendix D-7 of this report. 7-204 — Drainage and Erosion — Please refer to report provide by FES, see Appendix E-7 of this report. 7-205 — Environmental Quality A. Air Quality — Potential air emissions from the Starkey Gulch Waste Management Facility have been reviewed and evaluated for potential air permitting requirements through the CDPHE Air Pollution Control Division. Based upon data that is representative of the type and volume of cuttings to be placed into the facility, the estimated emissions calculated for this land use fall below any CDPHE permitting threshold. B. Water Quality — All hazardous material shall be stored and used in compliance with applicable State and Federal hazardous materials regulations. See Grading and Drainage Plan, Article 4- 203.E., for site-specific details. Refer to the Operation Plan Impact Analysis Appendix G for additional information. 7-206 — Wildfire Hazards A. Location Restrictions—The location is within the low -moderate wildfire hazard index. The location resides on an existing non -vegetated oil and gas location. The location will be construction to be vegetation and weed free for safe oil and gas operating standards. In the event of a flash fire from the location, it is not anticipated the surrounding grassland would be impacted. Vegetation in the Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC November 2020 surrounding area consists of grassland. In the event of a wildfire, the location would be remotely shut down. Refer to the Fire Susceptibility Map Appendix F-7 for supporting documentation. B. Development Does Not Increase Potential Hazard — The project will occur on an existing oil and gas location that will be developed to treat and manage E&P waste. Please refer to the Operation Plan Impact Analysis Appendix G for additional information. C. Roof Material and Design — There is no building planned for this project. 7-207 — Natural and Geologic Hazards — Please refer to report provide by FES, see Appendix G-7 of this report. 7-208 — Reclamation A. Applicability — Reclamation standard as described under section 7-208, Reclamation, of the Garfield County LUC will apply to the Starkey Gulch Waste Management Facility. Please refer to the Operation Plan Impact Analysis Appendix G for information pertaining to bonding, closure, and reclamation of the site. B. Reclamation of Disturbed Areas — The facility will be reclaimed in accordance with COGCC Rule 905.a. and 1003.d. Please see Section 4 of the Operating Plan Impact Analysis Appendix G for further details on the closure and reclamation of the facility. 1. Contouring and Revegetation: Please see Section 4 of the Operating Plan Impact Analysis Appendix G for specific details on contouring and revegetation of the facility. 2. Weed Management: Please see Section 2.4 Inspection and Maintenance of the Operating Plan Impact Analysis Appendix G for details on Weed Management 3. Application of Top Soil: Topsoil will be stripped and stockpiled for use during reclamation. Prior to seeding, topsoil will be spread to a uniform depth to promote the establishment of desirable vegetation. Soil samples may be collected once re -contouring and topsoil redistribution has occurred to determine if any soil amendments are needed. Topsoil management will be in conformance with COGCC 1000 Series Rules. Please see Section 4 of the Operating Plan Impact Analysis Appendix G for additional details. 4. Retaining Walls: Not applicable to this project 5. Slash Around Homes: Not Applicable to this project 6. Removal of Debris: All site debris will be removed from the site within six (6) months of construction as described in the standard. 7. Time Line Plan: Per COGCC Rule 1003.b, interim reclamation will occur no later than six (6) months following completion of construction activities and no later than twelve (12) months of final closure of the location, per COGCC Rule 1004.b. Division 3 — Site Planning and Development Standards 7-301— Compatible Design - The project will occur within an existing oil and gas field in Starkey Gulch and is compatible with the surrounding land uses for nature, scale and intensity. The project will occur on an existing oil and gas location. Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC November 2020 A. Site Organization — there are no streets and lots, solar access, public parking, pedestrian access for this project. B. Operational Characteristics — nuisances will be mitigated as follows: 1. Dust, odors, gas, fumes, and glare — Please refer to the Starkey Gulch Waste Management Facility Operating Plan Impact Analysis Appendix G for information pertaining to dust, odor and other nuisances. Also, please see 2D Viewshed Analysis Appendix H-7 as supporting documentation. 2. Noise — Please refer to the Noise Analysis Impact Analysis Appendix F for supporting documentation. Also refer to the Starkey Gulch Waste Management Facility Operating Plan Impact Analysis Appendix G. The operation will comply with COGCC rules. 3. Hours of Operation — Please refer to the Starkey Gulch Waste Management Facility Operating Plan Impact Analysis Appendix G. C. Buffering — The adjacent land use for the adjacent properties is either resource lands, or public land. The subject site is situated within a well-developed oil and gas field consisting of several similar well pad, compressor stations, multi -well pits, and other types of oil and gas related facilities. A 2D visual analysis was completed and is attached as supplemental material in the 2D Viewshed Analysis Appendix H-7. The viewshed analysis show relatively limited visual impact to the public and to the adjacent landowners. The topographic barriers to the north and south of the facility significantly limits visibility of the site. The topographic barrier to the north will also block visibility of the facility to the nearest building unit located approximately 1835 feet northeast of the facility. The location will comply with COGCC rule 802 noise requirement as described in the Noise Analysis Impact Analysis Appendix F. D. Materials — No building will be required for this project. 7-302 — Off-street Parking and Loading Standards — Waiver Requested — The project will be located on an existing oil and gas location. All oil and gas locations are designed for safe vehicle access and back in parking. Parking is not allocated in a specific area due to the nature of oil and gas operations. There is no public access to the location and therefore under section 4-118, Waiver of Standards, TEP is requesting a waiver. Only operating personnel are allowed on location. 7-303 — Landscaping Standards — Waiver Requested — The Starkey Gulch Waste Management Facility is designated as Industrial Use, and therefore under section 4-118, Waiver of Standards, TEP is requesting a waiver from submitting a Landscape Standards as per Standard 7-303 "...Industrial uses...are exempt from this section." TEP Rocky Mountain LLC is seeking approval of a Form 2A — Oil and Gas Location Assessment Permit — and Form 28 — E&P Waste Management Permit — from the Colorado Oil and Gas Conservation Commission (COGCC) for the location. Upon approval of the Form 2A the location will be subject to COGCC's reclamation requirements under COGCC Rule 1001. The location will be constructed and stabilized per COGCC rules to support drill cuttings waste and disposal operations. TEP is requesting a waiver from submitting a landscape plan in lieu of requirements established by COGCC, which are more stringent and appropriate for the requested land use. Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC November 2020 7-304— Lighting Standards— Waiver Requested — No night work is planned for the location and no lighting will be installed, therefore under section 4-118, Waiver of Standards, TEP is requesting a waiver. 7-305 — Snow storage removal — Please refer to the Starkey Gulch Waste Management Facility Operating Plan Impact Analysis Appendix G for information pertaining to maintenance and stormwater/snowmelt mitigation. A. Minimum Area — Not applicable B. Storage in Parking Spaces Prohibited — Not applicable, there are no parking spaces C. Storage in yards and open space permitted — Snow plowing will not occur on location, not applicable D. Storage in public roadways prohibited — Snow plowing will not occur on location, not applicable E. Drainage — Adequate drainage shall be provided at the oil and gas location to accommodate snowmelt and to ensure it does not drain onto adjacent property. See 4-203. Grading and Drainage Plan for additional drainage details and supporting documentation. 7-306 — Trail and Walkway Standards — Waiver Requested — Refer to the Starkey Gulch Waste Management Facility Operating Plan (Impact Analysis Appendix G). A. Recreational and Community Facility Access — Not applicable, this is not a recreational or community facility nor will the public have access to the project location. B. Safety — TEP will comply with all OSHA standards for oil and gas locations C. Maintenance — TEP will comply with all OSHA standards for oil and gas locations Division 10 — Additional Standards for Industrial Uses 7-1001— Industrial Use A. Residential Subdivisions — The project does not occupy a lot in a plated residential Subdivision. B. Setbacks — The project is not located within 100 feet of a property line. The nearest property line is 1,199 feet away to the north. C. Concealing and Screening — Not applicable, the Starkey Gulch Waste Management Facility is designated as "Industrial Use". D. Storing — Refer to the Starkey Gulch Waste Management Facility Operating Plan (Impact Analysis Appendix G) E. Industrial Wastes — Refer to the Starkey Gulch Waste Management Facility Operating Plan (Impact Analysis Appendix G) F. Noise — Please refer to the Noise Analysis Impact Analysis Appendix F for supporting documentation. Also refer to the Starkey Gulch Waste Management Facility Operating Plan (Impact Analysis Appendix G). The operation will comply with COGCC rules. G. Ground vibration — No vibration is expected from the operation of the facility beyond normal traffic impacts. H. Hours of Operation — Waiver Requested — The facility will be available for use year-round; however, most activities will occur during normal daylight hours (i.e., 7:00 a.m. — 5:00 p.m.). No Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC November 2020 night-time operations are planned for this facility. During winter months (December 1— April 30) activities will be limited to the hours between 10:00 a.m. and 3:00 p.m. whenever possible. Please refer to Section 2.8 of the Starkey Gulch Waste Management Facility Operating Plan (Impact Analysis Appendix G). Based on the industrial use of the facility, TEP is requesting a waiver under section 4-118, Waiver of Standards. I. Interference, Nuisance, or Hazard - Every use shall be operated so that it does not emit heat, glare, radiation, or fumes that substantially interfere with the existing use of adjoining property or that constitutes a public nuisance or hazard. Refer to the Starkey Gulch Waste Management Facility Operating Plan (Impact Analysis Appendix G). Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review TEP Rocky Mountain LLC November 2020 Appendix A-7 7-107 — Access and Roadways Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review Fox Engineering Solutions, Inc. November 2, 2020 Adam Tankersley Planning Lead TEP Rocky Mountain, LLC 1058 County Road 215 Parachute, CO 81635 Re: Starkey Gulch Centralized Waste Management Facility Section 7-107 Road Standards: Garfield County Land Use and Development Code NE 1/4 NE 1/4 Section 32 & SE 1/4 SE 1/4 Section 29, Township 6 South, Range 96 West, 6th P.M, Garfield County, CO Dear Mr. Tankersley, As requested, Fox Engineering Solutions ("FES") has prepared this letter report to address the issue of adequacy of the road access to the Starkey Gulch Centralized Waste Disposal Facility (CWMF) per Garfield County's LUDC Section 7-107. It is FES's understanding that TEP Rocky Mountain, LLC (TEP) is proposing to develop the site as a centralized waste management facility (CWMF) to treat and dispose of gas exploration and production (E&P) solid wastes generated by TEP during drilling, completions, and production. The E&P solids wastes are not hazardous waste as defined in Article 15 — Definitions of the Garfield County LUDC and elaborated in the Colorado Department of Public Health and the Environment regulations. The CWMF is located approximately 4 miles north of the Town of Parachute, at an elevation of 5550 ft. MSL, in the NE 1/4 NE 1/4 of Section 32 and the SE 1/4 SE 1/4 of Section 29, Township 6 South, Range 96 West of the 6th P.M. 7-107 A. & B. - Access to Public R -O -W and Safe Access The Starkey Gulch CWMF is within the boundaries of a +1200 acre tract of land owned by TEP Rocky Mountain LLC. Initial construction traffic and operations staff will access the facility from an existing private road located on TEP and Bargath LLC property. This access is closed to the public. The private road was constructed more than 40 years ago to service ranching and oil and gas activities and comes off of County Road 215, 3.5 miles north of Parachute. Traffic control signs along with turn/acceleration lanes are located at the existing intersection of CR 215 and the private road. The private access road is shown on the attached Site Access Map and TEP property map. A copy of the easement/road maintenance agreement between WPX Energy (TEP) and Bargath is attached. 7-107 C. - Adequate Capacity A traffic count was conducted in October by FES to determine the current Average Daily Trips (ADT). The study indicated an ADT of 30. During the operational phases of the CWMF, the ADT will increase by an estimated 32 ADT for waste transportation and staffing. The existing road has adequate capacity and geometry to efficiently and safely service the additional traffic generated by the CWMF operations. Once the operational phases are completed, the site will be decommissioned and the ADT will return to its pre -operational ADT. Solid waste truck traffic Mr. Adam Tankersley Starkey Gulch CWMF will come from a number of specified well pads located in the immediate vicinity of the CWMF. Those well pad locations are located on the attached Service Area map. 7-107 D. - Road Dedications The access road to the CWMF is located in within the boundaries of a +1200 acre tract of land owned by TEP Rocky Mountain LLC. Initial construction traffic and operations staff will access the facility from an existing private road located on the TEP property. This access is closed to the public and no road dedications are applicable. 7-107 E. - Impact Mitigation The purpose of the CWMF is to localize the treatment of solid waste and reduce the vehicle trips to distant offsite locations. This efficiency will reduce the ADTs to the County's public road system. 7-107 F. - Design Standards Table 1 presents a comparison of the existing CWMF access road to the County's design standards outlined in Table 7-107 of the Garfield County Land Use and Development Code. Based on the operational ADT estimates, the access is considered to be a Semi -Primitive roadway. The existing access road meets the requirements outlined in Table 7 -107 for a Semi - Primitive access. Table 1 Design Standard Design Capacity (ADT) Minimum ROW Width (ft) Lane Width (ft) Shoulder Width (ft) Ditch Width (ft) Gravel Cross Slope (%) Asphalt Cross Slope (%) Shoulder Slope (%) Design Speed (mph) Minimum Radius (ft) Maximum Grade (%) Surface TEP Rocky Mountain LLC Starkey Gulch CWMF Garfield County Table 7-107 Road Standards Comparison GARCO Standard for Access Road Semi -Primitive Field Conditions 21-100 40 8 2 4 3% 2% 5% N/A 50 ft. 12% Gravel 62 40 ft. min. 8ft. min. 2ft. min. 4ft. min. 3% min. 2% min. 5% min. N/A 50 ft. min. 9 % max. Gravel, 3" minus & Asphalt Comments Includes additional construction & staffing ADT Road is withinTEP property boundaries Varies with most of lanes averaging 12 ft. Varies with shoulders averaging 3.7 ft. Varies with ditch averaging 5.2 ft. Varies with cross slope averaging 4.3%. Varies with cross slope averaging 2%. Varies. All road shoulder slopes exceed 5%. Posted speed of 15 mph on access road. Varies. All road access radii exceed 50 ft. Varies. All road access grades under 12%. Approximately 1000 ft of road is asphalt. Fox Engineering Solutions, Inc. Page 2 Mr. Adam Tankersley Starkey Gulch CWMF 7-107 F.1. - Circulation and Alignment The road system is adequate and provides an efficient internal circulation for the proposed development. Traffic control signs along with turn/acceleration lanes are located at the existing intersection of CR 215 and the private road. 7-107 F.2. - Intersections There are no other intersections within 200 ft. of the private access road along CR 215. 7-107 F.3. — Street Names Not applicable 7-107 F.4. — Congestion and Safely Based on the operational ADT estimates, the access is considered to be Semi -Primitive roadway. The existing access road meets the requirements outlined in Table 7 -107 for a Semi - Primitive access. The roads current configuration minimizes road congestion and unsafe conditions. 7-107 F.5. — Continuation of Roads and Dead -End Roads Not applicable 7-107 F.6. — Relationship to Topography The private road was constructed more than 40 years ago to service ranching and oil and gas activities and comes off of County Road 215, 3.5 miles north of Parachute. The road is compatible with topography, creeks, wooded areas and other natural features. As shown in Table 1, the road meets the County's standards for a Semi -Primitive access road. 7-107 F.7. — Erosion and Drainage The existing access road is stabilized and under continuous maintenance. Erosion and drainage features are incorporated into the road. 7-107 F.8. — Commercial and Industrial Based on the operational ADT estimates, the access is considered to be Semi -Primitive roadway. The existing access road meets the requirements outlined in Table 7 -107 for a Semi - Primitive access. The road is adequate for the proposed uses. No pedestrian traffic is anticipated. Fox Engineering Solutions, Inc. Page 3 Mr. Adam Tankersley Starkey Gulch CWMF 7-107 F.9. — Emergency Access and Egress The access road has existing geometry and driving surfaces to meet the requirements of the 2018 International Fire Code, Appendix D — Fire Apparatus Access Roads. 7-107 F.10. — Traffic Control and Street Lighting Traffic control signs along with turn/acceleration lanes are located at the existing intersection of CR 215 and the private road. Additional traffic control devices, street signs, street lighting, striping, and pedestrian crosswalks will be provided as required by the County Road and Bridge Department or other referral agencies. 7-107 F.11. & 12 — Drainage Structures and Roadside Ditches The private road was constructed more than 40 years ago to service ranching and oil and gas activities. The existing access road is stabilized and under continuous maintenance. Erosion and drainage features are incorporated into the road. The road is compatible with topography, creeks, wooded areas and other natural features. As shown in Table 1, the road meets the County's standards for a Semi -Primitive access road. Based upon a review of the County's standards under Section 7-107 for Semi -Primitive roads and a comparison of those standards to the present field conditions of the existing access road, as outline in this report, it is FES's opinion that the proposed and existing access road is adequate for the proposed uses. Continued maintenance of the road is highly recommended. Respectfully submitted, David Fox, P.E. Fox Engineering Solutions, Inc. P.O. Box 412 Fruita, CO 81521 Ph: (970) 250-5505 Email: coloradofox@bresnan.net Fox Engineering Solutions, Inc. Page 4 Mr. Adam Tankersley Starkey Gulch CWMF Bargath'LLC Easement Re -coition #855214;,.^ 1-. . i MIXPIL L egai Description: T6S R98W, Section 26, Lot 10, Lot 12 Section 29, SESE Section 32, NENE Section 33, Lot 2, Lot 3, NWNW, SEN,, SWNE Legend • Starkey Gulch CWMF Site Fs Access Route (1.54 Miles) Road (from Garfield County) - Existing Road Parcel Ownership Starkey Gulch CWMF Site Boundary Starkey Gulch Centralized Waste Management Facility Site Access Map October 29, 2020 s 0 500 1, 000 2,000 Feet T .rwas..P .enrkLGrtntl Vnlleyti,tenn.y Cutch Ct MP...A { f i] 'erfAa Cconly; UE ❑Darn en[54`i[eAc # ++der, mxo ATsMers14y 10.097V20 2'09'43 Pm Fox Engineering Solutions, Inc. Page 5 Mr. Adam Tankersley Starkey Gulch CWMF 0 . 0o,« 0 0 \ 111: LS LS LS Fox Enineering Solutions, Inc. Page 6 Mr. Adam Tankersley Starkey Gulch CWMF w 5 co 0.1 October 29, 2020 Fox Engineering Solutions, Inc. Page 7 I■r•ralin■nlIW 4.:1711■ ■■■ ■l%r■■■■■Bill rti:i■ili■u•I■. •IiIIIIIIiII*dI:Iirik -mai■■■■■■!4'■11I IIIIIIIII ■■nCR ■ NEU • TM ►y IMM II El sill an ili■iv■■■ Illabliti sir q 6 AMNION imartioni I unmans ► T0111•■■ ;M■■■■11 i ; r1■n■g it 7ii■` ■II■■IIIN a ■ ■■ Euro ii i■■■■E! airragnaweimm zia tilL�iaM■ ■Fd 1■al■■■,.�:�■■'l: 1!■■■■■M■■I■��11•1111iiiJ1�. IMl num" ■riNIIIINVIFIREIVIMItill■►ENN ins EmIrmitili•I IIII iii►?I■■■■■■■■Il1i■■11+•1■I O ■WSW 111■■■■1A1■■■■■■1■■EMI ■■1■■II1■■ter■■■I III ■■■■.I■1151■r■1 I'M ■■' BINE ELM Will.1 NV •moi M. I m I■ ■■■■■IMP=■ ■■MUM imi■■ -1;' All t% i IN ,I".' 11112111104 �F i il Rio 1111 ' III 1111.. f _ It 7 111 y. P M mol w 5 co 0.1 October 29, 2020 Fox Engineering Solutions, Inc. Page 7 TEP Rocky Mountain LLC November 2020 Appendix B-7 7-108 — Use of Land Subject to Natural Hazards Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review NV Fox Engineering Solutions, Inc. November 2, 2020 Adam Tankersley Planning Lead TEP Rocky Mountain LLC 1058 County Road 215 Parachute, CO 81635 Re: Starkey Gulch Centralized Waste Management Facility Section 7-108 Natural Hazards - Garfield County Land Use and Development Code NE 1/4 NE 1/4 Section 32 & SE 1/4 SE 1/4 Section 29, Township 6 South, Range 96 West, 6th P.M, Garfield County, CO Dear Mr. Tankersley, As requested, Fox Engineering Solutions ("FES") has prepared this letter report to address the requirements of Article 7 — Section 108 Natural Hazards, of the Garfield County Land Use and Development Code (LUDC), effective July 15, 2013. Section 7-108 states that land subject to identified Natural and Geologic Hazards, such as falling rock, landslides, snow slides, mud flows, radiation, flooding, or high water tables, shall not be developed unless it has been designed to eliminate or mitigate the potential effects of hazardous site conditions as designed by a qualified professional engineer and as approved by the County. The Starkey Gulch Centralized Waste Management Facility is located on the north side of Starkey Gulch at an elevation of 5550 ft. MSL in the NE 1/4 NE 1/4 Section 32, Township 6 South, Range 96 West of the 6th P.M. The site is approximately 2200 ft. above the confluence of Starkey Gulch and Parachute Creek. A Site Access Map and Construction Layout are attached It is FES's understanding that TEP Rocky Mountain, LLC (TEP) is proposing to develop the site as a centralized waste management facility (CWMF) to treat and dispose of gas exploration and production (E&P) solid wastes generated by TEP during drilling, completions, and production. The E&P solids wastes are not hazardous waste as defined in Article 15 — Definitions of the Garfield County LUDO and elaborated in the Colorado Department of Public Health and the Environment regulations. The site is a formally reclaimed drill cuttings handling facility with an original construction disturbance area of 5.98 acres. The proposed CWMF will utilized most of the 5.98 acres and include an additional 0.15 acres for a total disturbed area of 6.13 acres. No building construction, subdivision roads, clear -cutting and extraction operations are proposed at the CWMF. Three disposal areas, delineated as Phases 1 through 3 on the Construction Layout, will be utilized to store treated solid waste. Once a waste batch is treated and meets the COGCC Table 910-1 treatment concentration levels, an appropriately sized portion of the solids waste disposal area will be excavated to dispose of the batch of waste within the disposal boundary. The disposal area will only be excavated as treated materials become available and are ready for burial. The site is located in Garfield County within the Resource Lands Zoning District which is comprised of the County's rural residential areas, agricultural resource lands, agricultural Mr. Adam Tankersley Starkey Gulch CWMF production areas, and natural resource areas. The adjacent area has historically been used for cattle grazing, mining and natural gas extraction. The surrounding area is currently utilized for active oil and gas development, cattle grazing and opens rangeland. The pre -construction CWMF site grades range from 5% on the south to 9% on the northern end of the facility. The facility is located near the base of Starkey Canyon which rises to an elevation of 7500 ft. to the north at slopes varying from 20 to 25% near the facility and slopes approaching 50% near the top of the canyon. Article 7 — Section 207 Natural and Geologic Hazards Is contained within this land use application, referenced herein, and addresses natural and geologic hazards. Only one natural hazard in Section 7-207 was identified as possibly impacting the CWMF. The Landslide Hazard Map (Figure 25) in Garfield County's Garfield County Multi -Jurisdictional Hazard Mitigation Plan • 2017 indicates that the area is potentially within a rockfall hazard zone. The adjacent hillsides are comprised of weathered sandstone and shale of the Wasatch. Rockfalls are generally associated with precipitation events, freeze/thaw cycles, seismic activity and animal movements. The area above the CWMF was inspected by FES for potential areas of rockfall concern. No areas of concern were identified during the inspection. The topography limits potential rockfall encroachment into the site. Additionally, as noted on the attached Storm Water Controls Analysis, diversion ditches have been constructed around the perimeter of the facility to control precipitation from entering the site. These ditches are significant and will also act as catchments should rocks become dislodged. Due to the low probability of rockfall encroachment and the nature of the CWMF operations, no other mitigation measures are recommended at this time. As with TEP's Stormwater Management Plan, it is recommended that the areas above the site be re -inspected after significant precipitation and geologic events. Respectfully submitted, David Fox, P.E. Fox Engineering Solutions, Inc. P.O. Box 413 Fruita, CO 81521-0413 Ph: (970) 250-5505 Email: coloradofox(a�bresnan.net Fox Engineering Solutions, Inc. Page 2 Mr. Adam Tankersley Starkey Gulch CWMF PAH LA CCMPAN Bargath LLC Easement • h1Recep61#855814 ,. F,UCKE Legal Description: T6S R98W ,, Section 28, Lot 10, Lot 12 Section 29. SESE Section 32, NENE Section 33, Lot 2, Lot 3, NWNW, SENW, SWNE w JIENT Legend to Starkey Gulch CWMF Site fi Access Route (1.54 Miles) Road (from Garfield County) - Existing Road Parcel Ownership Starkey Gulch CWMF Site Boundary Starkey Gulch Centralized Waste Management Facility Site Access Map October 29, 2020 s ❑ 500 1,000 2,000 Feet roiacts+r'ivaOn cexGrend VAuayLSTerk*y GvIch CV4ty1P\ il[ GArLJA Car LUCCCLrhdra•ksiWP4anskrer, n d ATBnke Ipy iWl%2020 2Cn7 d3 r'!A Fox Engineering Solutions, Inc. Page 3 Mr. Adam Tankersley Starkey Gulch CWMF a 8 s i cc Vpw I— 0. i NW Cor 111 CB.� NkAP11 a wr, t Ifo :16.4' - I wcw #9, 022.3' #46, SE4 N5 C 1.3' ■ •- Hca;c S 1171 f1;); • Fox Engineering Solutions, Inc. Page 4 Mr. Adam Tankersley Starkey Gulch CWMF a 7 3 — Cr W H 24" Dia. CMP \ Q 44, 1. r 4 iii 2 Z ° Fox Engineering Solutions, Inc. Page 5 TEP Rocky Mountain LLC November 2020 Appendix C-7 7-202 — Wildlife Habitat Areas CPW Correspondence and BMPs/Mitigation Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review Adam Tankersley From: Slezak - DNR, Elissa <elissa.slezak@state.co.us> Sent: Friday, March 20, 2020 9:22 AM To: Adam Tankersley Cc: Taylor Elm; Scott Hoyer - DNR Subject: Re: Starkey Gulch Centralized Waste Management Facility - CPW Pre -App Review Thanks Adam, I appreciate the call yesterday. CPW is amenable to an excavated ramp in the pit to allow for wildlife escape (vs an artificial ramp), and daily inspections during times when the pit is open for active drilling operations. CPW is also comfortable with the update to the Wildlife Impacts/Habitat Fragmentation/Reduction section of the operating plan. Elissa Elissa Slezak Northwest Region Land Use Specialist Colorado Parks and Wildlife P 970-509-9621 I F 970-725-6217 I 346 County Road 362, PO Box 216, Hot Sulphur Springs, CO 80451 elissa.slezak@state.co.us 1 cpw.state.co.us On Fri, Mar 20, 2020 at 8:55 AM Adam Tankersley <ATankersley@terraep.com> wrote: Good Morning Elissa, Thanks for taking my call yesterday. As discussed TEP is opting to construction an escape ramp excavated into the side of the drilling pit / trench to ensure wildlife can safely escape from the pit / trench. The escape ramp will be constructed with a slope no steeper than 3:1 and a width of 36" or greater, as described in your email below. It is likely that the ramp will be wider than 36" to provide access into the pit for equipment if necessary. Only the section of the pit necessary to receive cuttings from active drilling operations will be open at any given time. Since the pit / trench will only be open during active drilling operations TEP will complete daily wildlife inspections of the site when drill cuttings are planned to be received from an active drilling location. This is the period of time when wildlife is most at risk of falling into a pit / trench at this location. TEP will also complete monthly inspections of the site to ensure features such as fencing are maintained in a manner that minimizes impacts to wildlife. I have also modified the Wildlife Impacts / Habitat Fragmentation / Reduction section to read as follows: "The Starkey Gulch CWMF is located within Mule Deer Critical Winter Range and Elk Winter Concentration Area sensitive wildlife habitat boundaries as mapped per the current COGCC geospatial data. The existing access road to the Starkey Gulch CWMF traverses through Mule Deer Critical Winter Range and Elk Winter Concentration Area sensitive wildlife habitat. The Starkey Gulch CWMF is being constructed within an area previously disturbed by O&G activities. Impacts 1 to wildlife will be minimized through planned construction methods (i.e. wildlife ramp), periodic wildlife inspections and the proposed wildlife BMPs listed on the O&G Location Assessment (Form 2A)." We appreciate you taking the time to review our permit documentation and providing feedback prior to submittal to the COGCC. Please contact me if you have any other questions regarding this facility. Thanks, Adam Tankersley Planning/GIS Lead (970) 623-8994 Office (970) 589-6277 Cell TER ENERCY PART ERS From: Slezak - DNR, Elissa <elissa.slezak@state.co.us> Sent: Tuesday, March 17, 2020 5:23 PM To: Adam Tankersley <ATankersley@terraep.com> Cc: Taylor Elm <taylor.elm@state.co.us>; Scott Hoyer - DNR <scott.hoyer@state.co.us> Subject: Re: Starkey Gulch Centralized Waste Management Facility - CPW Pre -App Review Hi Adam, I've finished review the materials for the Starkey Gulch CWMF. CPW is comfortable with the overall operational plan and supportive of TEP using a centralized waste management system; however, there are 2 a few specific items that are of concern for CPW. Here are the concerns and recommendations, per our phone conversation today: 1) Pit Fencing and/or/Escape Ramps It was noted that the plan does not include any type of perimeter fence to exclude wildlife, only a partial security fence along the south-eastern border and including the entrance to the facility. You mentioned that there will be a range -type fence around the pits, but not one that would exclude wildlife. The excavation of pits and trenches poses a high risk to wildlife passing through and falling in and getting trapped in the pits/trenches. While the trenches will only be excavated as treated materials become available and are ready for burial, pits and trenches could be dug out and then take days or weeks before they are filled completely, posing a risk to wildlife during that time period. Wildlife are susceptible to falling into such trenches, particularly at night when passing through areas they have been before when there were no obstacles. Since the trench depth will be up to 19', wildlife escape will be impossible. Just an example, when I was a DWM in Parachute we had to remove an elk that had fallen upside down (stuck on its back) and still alive in a newly dug irrigation canal (only 2-3 feet deep), on a property just a little further south along Parachute Creek (even wildlife can have a bad day and fall into things). CPW advises one of the following two options: A) Either a permanent wildlife exclusion fence be added to the perimeter of the facility (or at a minimum, around the trench/pit area), or that temporary wildlife exclusion fences be installed whenever a trench/pit is open, to prevent wildlife entrapment. Areas that do not have a trench or pit do not need to be fenced. Wildlife Exclusion Fencing specifications are as follows: • Minimum height of 8 feet with posts at 8 to 20 foot intervals to prevent big game (deer, elk, moose) from entering facility. • Fences should also functionally prohibit small mammals and birds from entering through gaps, underneath, or burrowing underground. This may require a second type of fencing (mesh or chicken wire) to be added the chain link exclusionary fence at the ground level. The small animal fence(s) should be buried one foot below grade to exclude digging/burrowing animals, and connect to the above -ground fence without gaps. • An electric wire can be placed on top for added security but is not necessary. • Gates should be kept closed and secured to prevent wildlife from finding their way in and getting trapped. Facility should have a gate on each side/corner/end of facility that can be opened to allow escape if an animal does become trapped inside. • Fence should be removed entirely during reclamation. B) In lieu of fencing, another option to address wildlife entrapment is to provide escape ramps at all times when the pits are open. Escape ramp specifications are as follows: • If no fence exists to exclude wildlife from entering pits/trenches, escape ramps or ladders should be installed at each end/corner of pit. If pit is only partially excavated, one ramp will likely be sufficient (if pit is >100 feet in length, a second ramp should be added). 3 • Ideally, escape ramps should be at a 4:1 angle (no steeper than 3:1 angle, literature recommends slope between 3:1 to 5:1 angle). • Escape ramps must extend from the bottom of the pit all the way to the top. • Ramps should be minimum 36" wide. • Escape ramps must be secured to the top of the pit so they don't slide or fall, and must be strong enough for a large animal, such as an elk or deer, to gain purchase and use them to climb out of the pit. • Suggested ramp material: wooden pallets; or wooden ramps with rubber, wood or galvanized chain link fencing attached for steps. 2) Inspections and Maintenance It was also noted in the Inspection schedule that "Wildlife Inside the Facility" will only be inspected monthly. CPW feels that this item needs to be addressed on a daily basis; if a wild animal is within the facility and cannot escape on its own, it needs to be addressed ASAP and CPW needs to be notified immediately. "Wildlife inside the facility" should be part of the daily maintenance inspections, as entrapment for longer periods of time could lead to wildlife mortality or other conflict. 3) Impacts to Wildlife CPW also notes that the statement (bottom of p.14 in the Operational Plan) does not indicate that the Starkey Gulch Centralized Waste Management Facility is located within Mule Deer Critical Winter Range and 1 Elk Winter Concentration Area sensitive wildlife habitat boundaries (as mapped per the current COGCC geospatial data), or that the existing access road to the Starkey Gulch Centralized Waste Management Facility traverses through Mule Deer Critical Winter Range and Elk Winter Concentration Area sensitive wildlife habitat. CPW recommends amending this statement in the plan to reflect that the facility is indeed located within SWH, for accuracy and consistency, and also clarifying that the proposed facility will be located on a previously disturbed footprint and is not entirely new disturbance. Stating that it will not interfere with or have detrimental impacts upon wildlife habitat is not quite on par, due to the fact that it is located on a site in SWH that currently functions as wildlife habitat and that Starkey Gulch is an important natural wildlife movement corridor. Any new activity in this area will have impacts at some level, but those impacts can be minimized by TEP's proposed BMPs. 4) Bears and Trash CPW recommends that bear conflict be immediately reported to CPW, as well as implementation of Rule 1204.a.1 stating that bear proof dumpsters and trash receptacles will be installed and utilized for food - related trash. 4 CPW supports TEP planning to construct the pad in fall of 2020, and to finish construction prior to December to minimize impacts to big game winter range over winter 2020-21. CPW also supports the following proposed measures: Weed control: The area will be kept free of noxious weeds (as listed by Garfield County) at all times. Noxious weed control will be accomplished by using a contractor to inspect the site for noxious weeds during the active growing seasons (i.e., spring and summer) and spray any noxious weeds with an appropriate herbicide as needed. Hours of Operation: The facility will be available for use year-round; however, most activities will occur during normal daylight hours (i.e., 7:00 a.m. - 5:00 p.m.). No night-time operations are planned for this facility. During winter months (December 1 - April 30) activities will be limited to the hours between 10:00 a.m. and 3:00 p.m. whenever possible. In addition, CPW recommends speed restrictions on all associated roads to minimize the potential for wildlife -related traffic accidents. Noise and Odor Mitigation: Noise: At times, this facility may have equipment operating on site that will contribute to noise production in the area. The ambient noise level during normal operating procedures was an average of 42.7 dB (A) taken over fifteen (15) minutes. This facility will be operated in compliance with the COGCC 802 b. regulation which states: "Oil and gas operations at any well site, production facility, or gas facility shall comply with the following maximum permissible noise levels." Reclamation: Upon final closure of the facility, the entire facility will be reclaimed to match pre-existing contours and revegetated with a seed mix that is compatible with the surrounding area. CPW recommends that TEP reclaim the site using CPW-identified native shrubs, grasses and forbs, and preclude the use of aggressive non-native species, and utilize certified weed free grass hay, straw, hay, or other mulch during reseeding/ reclamation. Thanks for reviewing all of these items with me on our call today, and please call if you have any questions. 5 Elissa Elissa Slezak Northwest Region Land Use Specialist Colorado Parks and Wildlife P 970-509-9621 1 F 970-725-6217 I 346 County Road 362, PO Box 216, Hot Sulphur Springs, CO 80451 elissa.slezak@state.co.us 1 cpw.state.co.us On Fri, Mar 6, 2020 at 9:16 AM Adam Tankersley <ATankersley@terraep.com> wrote: Good Morning Elissa, We are in the process of preparing the Location Assessment (COGCC Form 2A) for the Starkey Gulch Centralized Waste Management Facility and would like to discuss any concerns CPW may have regarding the planned activities at these locations. This facility is located on TEP Rocky Mountain LLC ("TEP") property in the NENE of Section 32, Township 6 South, Range 96 West, 6t" P.M. within Garfield County, Colorado. This site was previously permitted with the COGCC and built as a cuttings disposal location but was never used. The site was fully reclaimed back in 2016 by WPX Energy before TEP took over operations. This facility would be redeveloped as a long-term centralized storage facility for water-based drill cuttings, oil-based drill cuttings, and oily waste. Water-based drill cuttings from the GM 12-20 Pad and GR 12-29 Pad, as well as oil-based drill cuttings from six (6) future Niobrara pads, would be hauled to this location for treatment, disposal, recycle, and beneficial re -use. TEP is planning to construct this location in the Fall of 2020 in preparation for drilling operations on the GM 12-20 pad in April 2021. The Starkey Gulch Centralized Waste Management Facility is located within Mule Deer Critical Winter Range and Elk Winter Concentration Area sensitive wildlife habitat boundaries as mapped per the current COGCC geospatial data. The existing access road to the Starkey Gulch Centralized Waste Management Facility traverses through Mule Deer Critical Winter Range and Elk Winter Concentration Area sensitive wildlife habitat. Construction and operation of this facility will not interfere with or have detrimental impacts upon wildlife habitat or migration corridors. TEP is proposing the following Best Management Practices for this facility to minimize potential impact to wildlife in the area. 6 TEP Proposed Wildlife BMPs for the Starkey Gulch Centralized Waste Management Facility To minimize the potential for wildlife related traffic accidents, TEP has implemented speed restrictions for all lease roads and requires that all TEP employees and contractors adhere to these posted speed restrictions. Following completion of associated drilling operations, TEP will make best efforts to minimize operations (i.e. material processing, treatment, disposal) at this location during winter months by maximizing operations when possible between 10:OOam to 3:OOpm when wildlife activity is minimal. TEP agrees to report any bear conflicts immediately to CPW. TEP will implement COGCC Rule 1204.a.1 by utilizing bear proof dumpsters and trash receptacles for all food related trash. TEP will preclude from the use of aggressive CPW-identified non-native grasses and shrubs in mule deer habitat and will reclaim the site using CPW-identified native shrubs, grasses, and (orbs appropriate to the ecological site disturbed. Certified weed free native seed in seed mixes, except for non-native plants that benefit wildlife, will be used. TEP will use certified, weed free grass hay, straw, hay, or other mulch materials used for the reseeding and reclamation of disturbed areas. The draft submittal documentation is attached for your initial review. I've also attached the most current shapefile of the site to assist in your review. We would like to submit this permit within the next week or so if possible. Please contact me with any questions or concerns regarding our planned activities at this site. Thanks, Adam Tankersley Planning Lead (970) 623-8994 Office (970) 589-6277 Cell This message and any related attachments are intended only for the use of the addressee(s) and may contain information that is PRIVILEGED and CONFIDENTIAL. If you are not the intended recipient(s), you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please erase all copies of the message and its attachments and notify the sender immediately. TEP Rocky Mountain LLC November 2020 Appendix D-7 7-203 — Protection of Waterbodies Report Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review NV Fox Engineering Solutions, Inc. November 2, 2020 Adam Tankersley Planning Lead TEP Rocky Mountain, LLC 1058 County Road 215 Parachute, CO 81635 Re: Starkey Gulch Centralized Waste Management Facility Section 7-203: Protection of Water Bodies Garfield County Land Use & Development Code NE 1/4 NE 1/4 Section 32 & SE 1/4 SE 1/4 Section 29, Township 6 South, Range 96 West, 6th P.M, Garfield County, CO Dear Mr. Tankersley, As requested, Fox Engineering Solutions ("FES") has prepared this letter report to address the requirements of Article 7 — Section 203 Protection of Water Bodies, of the Garfield County Land Use and Development Code (LUDC), effective July 15, 2013. It is FES's understanding that TEP Rocky Mountain, LLC is proposing to develop the site as a centralized waste management facility (CWMF) to treat, dispose, recycle oil and gas exploration and production (E&P) solid wastes generated by TEP during drilling, completions, and production operations conducted in the Piceance Basin of Western Colorado. The E&P solids wastes are not hazardous waste as defined in Article 15 — Definitions of the Garfield County LUDC and elaborated in the Colorado Department of Public Health and the Environment regulations. Unlike other Centralized Waste Management facilities, the wastes to be stored and managed at the Starkey Gulch CWMF will consist entirely of soils / solid E&P wastes. No E&P liquid wastes, pits, tank batteries, oil storage, etc. will be allowed at this location. Therefore, the Starkey Gulch CWMF is an extremely low-risk facility in terms of presenting any type of risk to human health and the environment. Article 7 — Section 203 Protection of Waterbodies, of the Garfield County LUDO, requires that minimum setbacks be maintained between the proposed site and Typical and Ordinary High Water Marks (TOHWM) of adjacent waterbodies, if present. Section 7-203 requires a minimum setback of 35 ft. to TOHWM, and in the case of hazardous waste storage, 100 ft. to TOHWMs. There are two waterbodies in the vicinity of the CWMF. Figure 1, attached shows the Starkey Gulch CWMF site and its location relative to Starkey Gulch. Starkey Gulch is considered to be an intermittent drainage. The field measured distance from the nearest TOHWM of Starkey Gulch to the solid wastes treatment and storage areas of the CWMF is 153 feet. Parachute Creek is approximately 2200 ft. to the northeast of the CWMF. The entire Starkey Gulch CWMF will be protected by site-specific storm water Best Management Practices (BMPs) and perimeter berms that have been engineered and designed Mr. Adam Tankersley Starkey Gulch CWMF to prevent runon from adjacent areas and off-site migration of contaminated materials from the facility. The facility will be covered under TEP's Storm Water Discharge Permit issued by the Colorado Department of Public Health and Environment (CDPHE) for the North Grand Valley field. Routine storm water compliance inspections will be conducted at the facility in accordance with the Colorado Discharge Permit System (CDPS) Storm Water Discharge Permit and applicable CDPHE storm water regulations, and COGCC Rules 1002(f). The proposed facility will not impact waterbodies. Based on a site investigation of adjacent waterbodies, along with field and mapping measurements, it is FES's opinion that the proposed Starkey Gulch WMF is located outside of both the 35 ft. and 100 ft. setbacks for distances to TOHWMs. The proposed facility location exceeds the required setback distances to TOHWMs as required under Garfield County Land Use and Development Code, Section 7-203. Respectfully submitted, 0----( ,r; David Fox, P.E. Fox Engineering Solutions, Inc. P.O. Box 413 Fruita, CO 81521 Ph: (970) 250-5505 Email: coloradofox@bresnan.net Fox Engineering Solutions, Inc. Page 2 Mr. Adam Tankersley Starkey Gulch CWMF Figure 1 sec.. -040 ' ,.7.s. 1 i ..):CO. 713-45 IM 7f,-:7---'----'/- „, de j ) 4.4 PI -r--- -” x il. 1 ' — ,.i 1 a._ vig . w ,,'.; c 2 • c4f,ir t -...-.—. In % '8 Q f 11 -;... A \ :1.,,,2- - - 7. - - t- '?, ta - — • It .: I ' P -— 'L---,,,____ ____--d-• 1 11 ... 1 - 1 r ci' #.11 1,c. ,.‘ 'x. JI Fox Engineering Solutions, Inc. Page 3 TEP Rocky Mountain LLC November 2020 Appendix E-7 7-204 — Drainage and Erosion Report Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review Fox Engineering Solutions, Inc. November 2, 2020 Adam Tankersley Planning Lead TEP Rocky Mountain LLC 1058 County Road 215 Parachute, CO 81635 Re: Starkey Gulch Centralized Waste Management Facility Section 7-204 Drainage & Erosion - Garfield County Land Use and Development Code NE 1/4 NE 1/4 Section 32 & SE % SE 1/4 Section 29, Township 6 South, Range 96 West, 6th P.M, Garfield County, CO Dear Mr. Tankersley, As requested, Fox Engineering Solutions ("FES") has prepared this letter report to address the requirements of Article 7 — Section 204 Drainage and Erosion, of the Garfield County Land Use and Development Code (LUDC), effective July 15, 2013. Article 7 requires evaluation of erosion and sediment, drainage and storm water runoff subject to specific thresholds. It is FES's understanding that TEP Rocky Mountain, LLC (TEP) is proposing to develop the site as a centralized waste management facility (CWMF) to treat and dispose of gas exploration and production (E&P) solid wastes generated by TEP during drilling, completions, and production. The E&P solids wastes are not hazardous waste as defined in Article 15 — Definitions of the Garfield County LUDC and elaborated in the Colorado Department of Public Health and the Environment regulations. Section 7-204.A. - Erosion and Sediment The site is a formally reclaimed drill cuttings handling facility with an original construction disturbance area of 5.98 acres. The proposed CWMF will utilized most of the 5.98 acres and include an additional 0.15 acres for a total disturbed area of 6.13 acres. Three disposal areas, delineated as Phases 1 through 3, will be utilized to store treated solid waste. Once a waste batch is treated and meets the COGCC Table 910-1 treatment concentration levels, an appropriately sized portion of the solids waste disposal area will be excavated to dispose of the batch of waste within the disposal boundary. The disposal area will only be excavated as treated materials become available and are ready for burial. Not excavating the entire storage area at once will minimize the amount of storm water that may come into contact with waste materials inside the area, and it will also reduce the amount of storm water that would otherwise collect inside a large excavation area requiring removal and/or further management. Construction activities at the CWMF are included in TEP's Storm Water Management Plan, approved by the Colorado Department of Public Health and Environment under Permit No. COR404626. A copy of the approved permit is attached. A copy of the Storm Water Management Plan is available upon request. Mr. Adam Tankersley Starkey Gulch CWMF Section 7-204.B. - Drainage A detailed Drainage Plan for the Starkey Gulch CWMF site is attached which meets the requirements of this section. No buildings or impervious areas are proposed at the CWMF. Positive drainage will be maintained on the site through a series of diversion ditches. The site is situated on a large parcel under single ownership and drainage to adjacent lots is controlled by control measures in the Drainage Plan. Section 7-204.C. — Stormwater Run -Off As stated in Section 7-204.C. "These standards shall apply to any new development within 100 feet of a Waterbody and to any other development creating 10,000 square feet or more of impervious area." None of the proposed development associated with the construction of the compressor is located within 100 ft. of a waterbody and no impervious areas are proposed at the CWMF. The proposed Starkey Gulch CWMF development plans are under the thresholds of Section 7-204.C. Respectfully submitted, David Fox, P.E. Fox Engineering Solutions, Inc. P.O. Box 413 Fruita, CO 81521-0413 Ph: (970) 250-5505 Email: coloradofox(a�bresnan.net Fox Engineering Solutions, Inc. Page 2 Mr. Adam Tankersley Starkey Gulch CWMF COLORADO Department of Public Health Et Environment CERTIFICATION TO DISCHARGE UNDER CDPS GENERAL PERMIT COR400000 STORMWATER ASSOCIATED WITH CONSTRUCTION ACTIVITIES Certification Number: COR404626 This Certification to Discharge specifically authorizes: Owner TEP Rocky Mountain LLC Operator TEP Rocky Mountain LLC to discharge stormwater from the facility identified as Grand Valley Field To the waters of the State of Colorado, including, but not limited to: to Colorado River Facility Activity : Gas/Oil Field Exploration and/or Development Disturbed Acres: 800 acres Facility Located at: See Map in File Uninc CO 81650 Garfield County Latitude 39.494 Longitude -108.11 Specific Information (if applicable): Certification is issued 4/1/2019 Certification is effective 4/1/2019 Expiration date of general permit : 3/31/2024 This certification under the permit requires that specific actions be performed at designated times. The certification holder is legally obligated to comply with all terms and conditions of the permit. This certification was approved by: Meg Parish, Unit Manager Permits Section Water Quality Control Division 4300 Cherry Creek Drive South, Deriver, CO 30246 303-692-3500 www.coloredo.gov/cdphe/wgcd Fox Engineering Solutions, Inc. Page 3 Mr. Adam Tankersley Starkey Gulch CWMF TEP Rocky Mountain LLC October 28, 2020 Fox Engineering Solutions, Inc. Page 4 Mr. Adam Tankersley Starkey Gulch CWMF z \ \ \ \ \ \\ \ \ \ \ \ \\ \ M \ �_ __% fix~ \ r - ..n7......,‘ . ....x't ` x' x 0 rignAw :=:d«.1 g 000A0.z uAAA 113 MT5c7676714 Bg xxa4��� PPJIl 3 6 4 1 d Mg,nM $ E �At aoostoao sg 2 ¢2225222 s b c 88888882 ,s"? 1/ 0 0 otS 4 N 0 N 0 N N • L L !U C 0 0 •o 0 N 2 N N 7 c p O U Z Fox Engineering Solutions, Inc. Page 5 TEP Rocky Mountain LLC November 2020 Appendix F-7 7-206 — Wildfire Hazards Wildland Fire Hazard Susceptibility Index Map Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review Starkey Gulch Waste "44Manageement?Faciiity • Legend • Starkey Gulch CWMF n No Risk Road (from Garfield County) Mr Low Existing Road Moderate Township Range Line High I -I Section Line Starkey Gulch Centralized Waste Management Facility Fire Susceptibility Map October 29, 2020 s 0 1,000 2,000 4,000 Feet T:\Projects\Piceance\Grand Valley\Starkey Gulch CWMF\Visit (2)\Garfield County LUC Documents\FireSusceptibilityMap.mxd ATankersley 10/29/2020 4:56:50 PM TEP Rocky Mountain LLC November 2020 Appendix G-7 7-207 — Natural and Geologic Hazards Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review NV Fox Engineering Solutions, Inc. November 2, 2020 Adam Tankersley Planning Lead TEP Rocky Mountain LLC 1058 County Road 215 Parachute, CO 81635 Re: Starkey Gulch Centralized Waste Management Facility Section 7-207 Natural & Geologic Hazards - Garfield County Land Use and Development Code NE 1/4 NE 1/4 Section 32 & SE 1/4 SE 1/4 Section 29, Township 6 South, Range 96 West, 6th P.M, Garfield County, CO Dear Mr. Tankersley, As requested, Fox Engineering Solutions ("FES") has prepared this letter report to address the requirements of Article 7 — Section 207 Natural and Geologic Hazards, of the Garfield County Land Use and Development Code (LUDC), effective July 15, 2013.. It is FES's understanding that TEP Rocky Mountain, LLC (TEP) is proposing to develop the site as a centralized waste management facility (CWMF) to treat and dispose of gas exploration and production (E&P) solid wastes generated by TEP during drilling, completions, and production. The E&P solids wastes are not hazardous waste as defined in Article 15 — Definitions of the Garfield County LUDC and elaborated in the Colorado Department of Public Health and the Environment regulations. The Starkey Gulch Centralized Waste Management Facility is located on the north side of Starkey Gulch at an elevation of 5550 ft. MSL in the NE 1/4 NE 1/4 Section 32, Township 6 South, Range 96 West of the 6th P.M. The site is approximately 2200 ft. above the confluence of Starkey Gulch and Parachute Creek. A Site Access Map is attached. The site is located in Garfield County within the Resource Lands Zoning district which is described as gentle slopes and lower valley floor comprised of the rural residential areas, agricultural resource lands, agricultural production areas, and natural resource areas. The adjacent area has historically been used for cattle grazing, mining and natural gas extraction. The surrounding area is currently utilized for active oil and gas development, cattle grazing and opens rangeland. The pre -construction CWMF site grades range from 5% on the south to 9% on the northern end of the facility. The facility is located near the base of Starkey Canyon which rises to an elevation of 7500 ft. to the north at slopes varying from 20 to 25% near the facility and slopes approaching 50% near the top of the canyon. Section 7-207.A. - Utilities No above -ground utility facilities are proposed at the CWMF. As provided in subsequent hazard evaluations below, the facility location may be subject to infrequent rockfalls, however, the waste disposal operations will not be impacted and the risk appears low for this site. Mitigation is not recommended for the activities at the site. Mr. Adam Tankersley Starkey Gulch CWMF Section 7-207.B. — Development in Avalanche Hazard Areas The facility is located at a relatively low elevation of 5550 ft. near the bottom of Starkey Gulch. The site has excellent sun exposure to the south. No building construction, driveways and subdivision roads, clear -cutting and extraction operations are proposed at the CWMF. The Avalanche Forecast Map (Figure 31) in Garfield County's Garfield County Multi -Jurisdictional Hazard Mitigation Plan ♦ 2017 indicates that the site area's avalanche probability has a "No rating" and is very low. These areas are not prone to avalanches and the risk appears low for this site. Section 7-207.C. — Development in Landslide Areas The facility is located near the base of Starkey Canyon which rises to an elevation of 7500 ft. to the north at slopes varying from 20 to 25% near the facility and slopes approaching 50% near the top of the canyon. The adjacent hillsides are comprised of weathered sandstone and shale of the Wasatch. The Landslide Hazard Map (Figure 25) in Garfield County's Garfield County Multi -Jurisdictional Hazard Mitigation Plan ♦ 2017 indicates that the site is not within a landslide zone. There is no visual evidence of historic landslides or slumping activity above the site. Waste disposal operations will not be impacted and the risk appears low for this site. Section 7-207.D. — Development in Rockfall Hazard Areas The facility is located near the base of Starkey Canyon which rises to an elevation of 7500 ft. to the north at slopes varying from 20 to 25% near the facility and slopes approaching 50% near the top of the canyon. The adjacent hillsides are comprised of weathered sandstone and shale of the Wasatch. The Landslide Hazard Map (Figure 25) in Garfield County's Garfield County Multi -Jurisdictional Hazard Mitigation Plan ♦ 2017 indicates that the site is within rockfall areas. The facility location may be subject to infrequent rockfalls, however, the waste disposal operations will not be impacted and the risk appears low for this site. Section 7-207.E. — Development in Alluvial Fan Areas The proposed CWMF is not located in an alluvial fan. Section 7-207.F. — Slope Development The pre -construction CWMF site grades range from 5% on the south to 9% on the northern end of the facility. No development is proposed in areas that exceed 20%. Section 7-207.G. - Development on Corrosive or Expansive Soils and Rock. As noted in Section 4-203 Grading and Drainage Plan of this land use application, and referenced herein, the Natural Resource Conservation Service customized soils report for the CWMF identifies the majority of the soil within the site as Nihill channery loam. The Nihill channery loam is derived from sandstone and shale alluvium and further characterized under the Uniform Soils Classification System, as clayey gravel (GC). NRCS identified the typical vertical profile as: Fox Engineering Solutions, Inc. Page 2 Mr. Adam Tankersley Starkey Gulch CWMF H1 - 0 to 11 inches: channery loam H2 - 11 to 18 inches: very channery loam H3 -18 to 60 inches: stratified extremely channery sandy loam to extremely channery loam No building construction, driveways and subdivision roads, clear -cutting and extraction operations are proposed at the CWMF. Waste disposal operations will not be impacted by soil or rock conditions. Section 7-207.H. - Development in Mudflow Areas. The Landslide Hazard Map (Figure 25) in Garfield County's Garfield County Multi -Jurisdictional Hazard Mitigation Plan ♦ 2017 indicates that the site is not within a debris/mud flow zone. Debris flows are geological phenomena in which water -laden masses of soil, vegetation and rock funnel into stream channels, and form thick, muddy deposits. There is no visual evidence of historic debris flow activity within the site. The NRCS indicates the Flood Frequency Class for the facility location is "None" for the site. Waste disposal operations will not be impacted and the risk appears low for this site. Section 7-207.1. - Development Over Faults According to the Colorado Geological Survey, there have been 88 earthquakes in or near Garfield County between 1973 — 2017. There were no reported damages or injuries associated with these minor earthquake events. Earthquakes usually occur near fault lines. The Faults in Garfield County Map (Figure 33) in Garfield County's Garfield County Multi -Jurisdictional Hazard Mitigation Plan ♦ 2017 indicates that there are not faults within the CWMF site. Ogden Tweto in his "Geologic Map of Colorado", dated 1979, further identifies the facility area geologically as gravels and alluvium from the Pinedale and Bull Lake Age underlain with Wasatch Formation consisting of claystone, mudstone, sandstone and conglomerate. Tweto's geologic map indicates that there are no faults with the vicinity of the facility. There is no visual evidence of faulting at the site. It does not appear that significant hazard from seismic activity caused by faulting will impact the design or operations of the facility. Respectfully submitted, David Fox, P.E. Fox Engineering Solutions, Inc. P.O. Box 413 Fruita, CO 81521-0413 Ph: (970) 250-5505 Email: coloradofox©bresnan.net Fox Engineering Solutions, Inc. Page 3 Mr. Adam Tankersley Starkey Gulch CWMF Starke Gu l ctSANa s [ E ...._ Manacernent Faciik[, GS 96W rid Ip Bargath LLC Easement • h Reception#856874,,.:• OUNTA Legal Description: T6S R98W, Section 28, Lot 10, Lot 12 Section 29. SESE Section 32, NENE Section 33, Lot 2, Lot 3, NWNW SEN. S WNE ER Legend to Starkey Gulch CWMF Site fi Access Route (1-54 Miles) Road (from Garfield County) - Existing Road Parcel Ownership Starkey Gulch CWMF Site Boundary Starkey Gulch Centralized Waste Management Facility Site Access Map October 29, 2020 s 0 500 1,000 2,000 Feet T^PrxyetWADMInc Grerid WNiy+SYertey Gultn CV WFLNSir [2Neefm d Ctue LUCoacourxs,simAconSM I nr d AT8nk0rslyy i WQR7070 2:[9.43 PM Fox Engineering Solutions, Inc. Page 4 TEP Rocky Mountain LLC November 2020 Appendix H-7 7-301.C. — Buffering 2-D Viewshed Analysis Starkey Gulch Waste Management Facility Land Use Change Permit Garfield County Land Use Change Permit Administrative Review Legend • Starkey Gulch CWMF Site Lease Road County or Municipal 1 Mile Buffer (from Site) Parcel Ownership Site Visible Township Range Line Section Line Starkey Gulch Centralized Waste Management Facility Viewshed Exhibit October 29, 2020 0 750 1,500 s 3,000 4,500 TERR# EBERGV PARTNER': 6,000 Feet T:\Projects\Piceance\Grand Valley\Starkey Gulch CWMF\Visit (2)\Garfield County LUC Documents\ViewShed.mxd ATankersley 10/29/2020 4:24:41 PM