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Home My WebLink About2.0 Staff Report DD 2.12.2021Director's Decision Exhibits - General Administrative Land Use Change Permit TEP Starkey Gulch Drill Cutting Processing Facility File GAPA-1 1-20-8816 February 12,2021 Applicant: TEP Rocky Mountain LLC Exhibit Number Exhibit Description 1 Public Notice Hearinq lnformation Form & Attachments 2 Garfield Countv Land Use and Development Code, as amended 3 Garfield Countv Comprehensive Plan of 2030 4 Application 5 Staff Report 6 Referral Comments County Consulting Engineer 7 Referral Comments from County Vegetation Management I Referral Comments from Environmental Health I Referral Comments from CDPHE 10 Referral Comments from Colorado Parks & Wildlife dated 12121120 11 Referral Comments from Colorado Parks & Wildlife dated 1119121 12 Referral Comments from Town of Parachute 13 Email Response from the Applicant dated 117121 14 Email Response from the Applicant dated 115121 15 Quick Facts Summary provided at the Site Visit from the Applicant 16 17 18 19 20 21 22 23 24 25 26 27 28 29 T þooa L Gørfield Co úlnty PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. lnaddition,pleaseinitialontheblanklinenexttothestatementsiftheyaccuratelyreflectthe described action. My application required wr¡tten/ma¡led notice to adjacent property owners and mineral owners. -{- Mailed notice was completed on the to dry o1 December 2Ozo. !- All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice. !- All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list] Please attach proof of certified, return receipt requested mailed notice. My application required Published notice. Notice was published on the day of 20 Please attach proof of publication in the Rifle Citizen Telegram tr My application required Posting of Notice. Not¡ce was posted on the daY of 20_ I testify that the above information is true and accurate. Name: Jeffrey D. Kirtland Signature: Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. ¡¿¡6. 1211012020 ¡I E ,t3 À t.r I ,a ¡t TøIa r{ TT Ël n- :J- rJ-t JXg- rJIt3 ¡-, t-¡ E3 TT EIm tl r-î ñr\-t Mail Fee ç il';rir¡:A ees fcttâc'lråox, add fee i.J iteturn fleceipi $rardcoPy) [j r;etur* Êìeeeipt {electranic} Csrtìlied Mail ñestdctod Þolivery ¡kjrr jt Signaiure ñequired l- J.a*r:tt Signaturo Rectrioted Ûelivery e 6ê Sent T*C, Ægæ¿¿ç ( $ $ $ s $ ,f 5"_( l#*rr0 i:íty;u*W#ärn æê /,I $1 " äCrPr;steige d'ç I I J I I ^ I ! t Certllied Mail Fee $3. ãl il Retum RecaÍpt {electronic} fiçert¡¡ieAMai!Restrictedûativory $ flnouk signature Flequlrod $ [*Aun Signature Fiestricted Detlvery $ add feebox, fteturnt Heceipt ü $ $I ?üPostage ET Ln rn r\- jJ- Ln J¡tr r-l EI EIt3 Ë¡lrcl rn Et l-1 Ël r\- n5 ¡ ¡ I i, ? 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': ru ru E3 n- .f l.rl JI E: rrl c3[3 EI EI TT trfm Ðr:l E] ft* [t €n ,ryä -a, Cçy/ ¿6 "s?å?8;dr1 ,2, ¡hwnlmdå@nÞffi sM*énlfuhftlop. tho ß ãê6 ¿p(, 51¿4 1$a¡4 Ç-"/"c ?01,è I 00tl¡ 115!l ?091 la.'/. 91à &r,*ot /"1/t,, #r, üilililt illt llilllillltil ¡ilililil| I ililit lil ." e c Effidþffi TEP Rocky Mountian LLC Attn: Land Deparfncnt 1058 County Road 215 Faråulrute, CO 8169s l|, f th'lh,ïlti¡¡'t!lhìr'¡'"ul'llltl tbhÍ!þlÚ U¡lb æ tô50 .l'4¿oo//zlaury'a-, ,/k ?7A,Í ïil|llllllilllH illllllllllll¡ffilllllllll 959ú S402 562/ 9308 095ð 12 ?01å 3010 0t¡01 cL5't ?Eé'{ : re Fm 381 1, Jut2o!ô æÑ7@@@ß MÈ8dúMd _ TEP Rocky Mounlien LLC Attn: Land Departnent 1058 County Road 215 Perachute, CO 81635 ,R, N Mail Certified with Return Receipt (addresses for adjacent landowners within 200 ft. and mineral owners) Surface Owners: XTO Energy lnc PO Box 64LO6 Spring, TX77387 Bureau of Land Management BLM - CRVFO 2300 River Frontage Road silt, co 81635 Caerus Piceance LLC 1999 Broadway Suite 4000 Denver, CO 80202 Puckett Land Company Attn: Karen LeBaron 5460 South Quebec Street Greenwood Village, CO 80111 Bargath LLC PO Box 24OOMD 46-4 Tulsa, OKT4LOZ TEP Rocky Mountain LLC Attn: Bryan Hotard 1058 County Road 215, Parachute, CO 81635 MineralOwners TEP Rocky Mountain LLC 3050 Post Oak Blvd., Suite L500 Houston, TX77056 Caerus Piceance LLC 1001 17th Street, Suite 1600 Denver, CO 80202 Puckett Land Company 105 South Fourth Street Artesia, NM 88210 EOG Resources, lnc. 5460 South Quebec Street, Suite 250 Greenwood Village, CO 80LL1 EXHIBIT 6b0t Director Decision GAPA-11-20-8816 GH REQ UEST PROPERTY OWNER APPLICANT ASSESSOR 'S PARCEL # PROPERTY SIZE LOCATION ACCESS EXISTIN ZONING General Administrative Land Use Change Permit for Processing - Drill Cutting Treatment and Disposal Facility (aka Starkey Gulch Waste Management Facility) TEP Rocky Mountain LLC TEP Rocky Mountain LLC 2171-332-00-019 The facility will be located on a 6.13 acre site within an overall 1,234 acre property. The property is located approximately 4.7 miles north of Parachute on private roadways off of County Road 215 within the NE%NE% Section 32 and the SE% SE% Section 29, T65, R96W of the 6tn p.m. (Parcel No. 2171-332-00-019) The facility is accessed by an approximately 1 .54 mile private access roadway off of County Road 215 and private access roadways from well pads to be served by the facility. The property is zoned RLGS (Resource Lands) Gentle Slopes and Lower Valley Floor. ;(i;lI I¡ìl:'Í.:ìl- i,tl lli,'ìì IilJìrlI ,;ìlirll,Lr ,l:l/,ì'l tr" liì(ri,l,l The Applicant is requesting approvalfor a Non-Commercial, Centralized Exploration and Production Waste Management Facility for Processing, known as the Starkey Gulch Waste Management Facility - Drill Cuttings. The facility is located on approximately 6.13 acres of an overall 1,234 +l- acre property. The facility is located on a COGCC site and will be operated to treat, dispose, recycle, and beneficially re-use solid wastes generated by TEP during drilling operations in the Piceance Basin. Material will be transported to the site by trucks on existing private roadways. L The proposed facility will be located on an existing reclaimed COGCC site. lt will serve only eight TEP Well Pads in the vicinity of the site. Drill cutting will be trucked to the site on private access roadways. Processing will occur on the site and treatment of the drill cuttings will primarily involve mixing/blending the drill cuttings with clean soil/fill material, applying soil amendments (e.9. biological treatment reagents), adding nutrients as needed to facilitate the decomposition of organic components, and additional mixing, tilling, and turning the materials to further facilitate the reduction of volatile organic compounds. The design capacity of the facility is 47,780 cubic yards of drill cuttings. The drill cuttings will be treated to meet COGCC 910-1 cleanup standards prior to final burial in one of three on site trenches. The facility will only be operated during daylight hours, will be partially fenced and gated for security, water will be individually provided by employees in their work vehicles, and portable toilets will be provided on an adjacent TEP site within 5 minutes of the facility. An estimated 24 truck trips will be generated each day along with I trips for employees to serve the site. Equipment to be utilized on the site include dump trucks, dozers, backhoes, excavators and similar construction type equipment. 21 2 16 ER The facilty will be subject to all applicable COGCC and CDPHE Permitting. Outlined below are the COGCC permits that will be required. The Application submittal includes the current CDPHE Stormwater Management Permits currently in place for the site. coccc Permits: Permit COGCC Ðocument Number Form 2A - Oil and Gas Location Assessment 401587706 Form 28 - E&P Waste Ma Permit 2573070 Form 15 - Pit #1 402455520 Form 15 - Pit f2 402457207 Form 15 - Pit #3 402457228 The site is covered by a bonding for reclamation and reclamation plans are included in the Application submittals. The Application submittal includes a noxious weed management plan, assessment of wildlife impacts, grading, drainage, and stormwater management reports, geological hazard assessments, assessment of noise impacts, and a traffic study. 3 The site is currently a reclaimed COGCC site that has been revegetated with native grasses and shrubs. lt has moderate slopes between 5% and 9%. lt is approximately 150 ft. north of Starkey Gulch an intermittent drainage swale originating on slopes above the site associated with Starkey Canyon. lt is 2,200 ft. from Parachute Creek the closest live stream. The location and surrounding uses within 1,500 ft include other oil and gas - industrial operations including well pads and water storage impoundments. Access roads serving the site and adjacent uses are all existing. '@,TE RRSa.rlay outchC@tÊ¡ttod W..ta U.nt9onffit F.c¡tt y srro Ov.rvlor ¡atp &aoljt 20' 2O2O c 4,) Êl 15{r-F.Þf III. PUtsLIE C@MMENTS ANDiREFFERAI. AGENCY COMMENTS' : . ' ']: : Public Notice was provided for the Director's Decision in accordance with the Garfield County Land Use and Development Code, as amended and included mailing notice to all property owners within 200 ft. and any mineral rights owners on the property. The Applicant has provided evidence of compliance with the notice requirements which is currently being reviewed by Staff. Comments from referral agencies, County Departments and the public are summ arized below and attached as exhibits. No public comments were received. 1. Garfield County Consulting Engineer, Chris Hale, Mountain Cross Engineering 4 Recommended that the construction schedule be modified as necessary so that activities occur outside of nesting season of migratory birds. Provide additional pre-project soils testing regarding arsenic levels in the soils of the Piceance Basin and to match pre-project levels rather than request relief from COGCC standards. 2. Garfield County Road and Bridge Department: No comments received 3. Garfield County Vegetation Manager, Steve Anthony:. lndicated that the Reclamation Plan, including seed mixes and the Weed Management Plan are acceptable. 4. Garfield County Environmental Health, Ted White:o lndicated that the potential for seepage of chemical constituents is still present o Noted COGCC provisions regarding use of liners for pits. 5. Colorado Department of Public Health:o Provided standard referral comments on CDPHE regulations. Site specific comments were not provided. 6. Colorado Parks and Wildlife, lvan Archer, Asst. Area Wildlife Manager: o Noted agreements with the operator on an excavated ramp in the pit to allow for wildlife escape and daily inspections during time when the pit is open for active operations.. Indicated their understanding that the facility would be constructed no earlier than May 2021which would be outside the Big Game Winter Timing Limitation of Dec. 1 to April 30th. (Note this is not consistent with the current application) 7. Supplemental Colorado Parks and Wildlife Letter, Elissa Slezak, Northwest Region Land Use Specialist:. lndicated that know raptor nests are outside of the recommended buffer. . Supported Westwater recommendation that if project construction is delayed beyond the beginning of the 2021 nested season, another nesting survey be completed prior to construction. . Supported fencing recommendations and use of bear proof trash receptacles. o Noted that the current proposal is to not being construction until May 2021 and restated the need for construction to occur outside of the 1211 - 4/3 winter period to minimize disturbance to wintering elk and deer. 8. Grand Valley Fire Protection District, Rob Ferguson, Deputy Fire Chief: No comments received. a a 5 9. Town of Parachute, Town Manager, Stuart McArthur: Expressed the Town is concerned about any negative impact to the Parachute Creek drainage and/or any other water that could be contaminated. 10. Garfield County Oil and Gas Liaison, Kirby \Afinn: . No additional comments received, however, prior input indicated support for this type of drill cutting treatment facility. l l.Additional referral agencies that did not submit comments include: (a) Bureau of Land Management; (b) Grand Valley Fire Protection District. In accordance with the Land Use and Development Code, the Applicant has provided detailed responses to the Submittal Requirements and applicable sections of Article 7, Divisions 1 ,2, and 3, including Section 7-1001 lndustrial Use Standards. The Application materials include an lmpact Analysis and related consultant reports, technical studies, and plans. Zone Di nsive Plan & a. The proposed use demonstrates general conformance with applicable Zone District provisions contained in the Land Use and Development Code and in particular Article 3 standards for the Resource Lands Gentle Slopes and Valley Floor Zone District. b. The Comprehensive Plan 2030 including the 2020 Update designates the site as lndustrial (l). Excerpts from the Land Use Description Section Chapter 2 and Section 8, Natural Resources and Section 9, Mineral Extraction are provided below. Chapter 2 - Land Use Designations lndustrial (l): "... energy processing and uses that produce odor, noise, Iight, and/or emissions,... " Section I - Natural Resources Vision: "...Protect existing access to natural resources and ensure appropriate reclamation measures occur after extraction processes. Direct i ncom p ati ble developme nt away from ecolog ical ly sensifive areas . . .. " Policy #2: Avoid disturbance to wildlife habitat: where disturbance cannot be avoided, require development to fully address and mitigate potential negative impacts. 6 Section 9 - Mineral Extraction Vision: "...Ensure that mineral extraction activities mitigate their effects on the natural environment, including air quality, water quality, wildlife habitat or important visual resources." Policy 1, Strategy Vll: Continue to consider the use of facilities that are appurtenances to oil'/gas development activities (compressor, etc.) appropriate in all land uses so long as they meet the respective mitigation requirements of the LUCD to maintain compatibility with surrounding land uses. Staff supports a determination that the location and design of the proposed facility is in general conformance with the Comprehensive Plan Policies subject to proper mitigation of impacts. c. The Application has also provided information on neighboring land uses indicating the general character of the area. The request demonstrates general compatibility with adjoining gas extraction activities, support facilities, and industrial land uses provided that proper mitigation is implemented and compliance with conditions and COGCC regulations are maintained. Eo EE Slroams ênd Ð¡tches ' DITCH INTERMITTËNT PERENNIAL unspecified type lnstítut¡onä¡ Lênd Use Overlãyn CityÆown Limitü Urbân Growth Areê Tl Public Lands / Open Space Future Lêôd Use ! lndustrial I Mtxed Use I Commercial I Res H (7,500sqftto 2AclDu) I RestvlH(2toóAcrDu) Res M (ó io 10 Ac./Du) ResL{10rAc/Du) Resource Production/Natùrai 3 Garfìeld County Comprehensive Plan - Future Land Use 2030 Legend 7 l-,,^W*'/ IEP Rdy húhtrç +E5l5-,l I Cq fia i:,t.i i.Lìt1ì''c '-l--,r:> I\i sø@r.ær *@* \t. ..- 'i \ Æøw. to/2ùjo PUl IA f (ús.wqL@- ø 7-104 & 105 Source of Water &Svstems The Application represents that the facility will not require potable or fresh water as emptoyees will bring drinking water with them to the site in their vehicles, in accordance with standard practice for this type of facility. ln addition, the application indicates that portable toilets will be available to all employees on a nearby facility (Starkey Production Pit), located within 5 minutes of the site. The portable toilets are provided and services by Wester Colorado Waste. Compliance with OSHA standards should be required as employees will be working on the site for monitoring, maintenance, and installation purposes. 7-106: Public Utilities The site does not requ¡re electric service and no nighttime operations are proposed that would require lighting. 7-107: Access & Roadways The Applicant accesses their property is from County Road 215via private access roads, constructed and maintained by TEP and other industrial users. The Application includes an Engineering Report from Fox Engineering Solutions lnc. on the section of roadway serving the facility demonstrating compliance with the Standards contained in Table 7- I 107 of the LUDC (see excerptfrom the report below) and the conclusion that "...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". Table 1 Des¡p Capacity (AfYIl Mlninu¡m tOW Width {ttl lene W¡dth {ft! ShoulderWldth {ftf Ditówidrh(frl Gr¿uel €¡p¡s Slope {t6l Asphelt Crogs tlope {961 ShoutdcrSùope {3ú} XÞc¡Sn Speed {mpftl Mlnlnu¡m ßadiu¡ (ft1 MarimumGrade (ttl Sr¡rfaæ 21-1m {o I 2 ft 39å 296 596 ¡¡/Â 50fr. u9t Grave] 62 4011. min. 8ft. min. 2ft. min. ¡l ft. mi¡. 39ú min. 2i6 min. 5*á mÉn. H/A 50t!. m¡n- 3 96 max. Gr¿vel. 3" rîlnus & Asphalt lncludes additiona! construction & staffing ADf Ro¿d is wilhinfEP property bound¡ries Varies with most of lanes aneraging lil ft. Varies tvith shostders avenging 3.71t. Va¡ies with ditch aver¿gin3 5.2 ft. Varies with cro:s slope averaging 4.3i6. Varies ¡vith cross rlope averaging 291. Varies- All ro¡d should€r slopes erceed 59å. Posted speed of 15 n*ph on ¡tcess ¡oad. Va¡ies. All road access r¡dii erceed 5{l ft. Varies. All road access grades under 12i6. Approximalely 1{ÐOft et road is asphalt. ComrnêntsDesimStandrd fEP tudty Mountaln llc Starley Gulch CWMf Garlield CountyTable 7-1ûf Road tt¡ndads Compariron GARCOStandard for Acces¡ Road Seml-Prlmltirn fleld Condltlons Fox Engineering Solutions, lnc. n Page 2 9 sffi! !d? tdl @ sttt snt6 rßÂr.w kùn?, r., t¿ !drt "@' !r !ú I lol ?LüJ Ercd N Sbt¡t t Gúolt CñIrdlr.d Wúþ tt.h.Nú,Fetilly þgıd a srcr 6ù¡str sr. I .: ñdd ff@ô¡r4h aD(a) tudtuóretrt Stþ Aooú. trap ooþb.t 7ø, 2020 7-108:ral Hazards The Application includes detailed analysis on natural hazards including soils, geology, and slopes, rock fall, debris flow, floodplain, etc. The information supports a determination that the proposed use is not subject to significant natural hazard risks. 7-109: Fire Protection The Application indicates that an Emergency Response Plan and Spill Prevention Plan are on file for the site. Confirmation that the plan includes current emergency notification numbers and contacts including the Grand Valley Fire Protection District shall be required. 7-201: Aoric ultural Lands With minimal new disturbed areas, no additional impacts on nearby agricultural lands are anticipated. The site will have some fencing and gates to further control the site and minimize any potential impacts. L0 Location , nrFi Sbrlcy GdohClti¡F Lêgend ü G.est Br!Ê tlson (xcupßo ¡loo¡Efl C3 Râf¡lÕr s.'tl¡bh H¡¡,ll¡l E]] t¿a M.lı ìdptor Slrvo! Ar@ t/2 M,l6 Roptor Srtrey tuea St.rl¡y Gllih Cl^,îrl æ htrrs¡t. l{ghilôI - Ræd .c SIGånrs 'slrl Figur€ 3 Terra Ënergy Partnerc Starkey Gulch CWilF Environmental lmpacl Anelys¡s R¡plôre ^W6tnôtcr EngineeringÉ cnrrh¡.¡ løn.¡i¿ r.,-.¡. ô eô .aôl I l¡ 2K€ oc¡ob€f 2020 'r.r.tsr,9. f¡ hrh!¡rrrr :ù.¡ c$ll!l¿lljq¡ n. ! nr¡ 'ù'!1llt 7-202: Wildlife Habitat Areas a. The Applicant has provided an Environmental lmpact Report, completed by WestWater Engineering, dated October 2020. February 2014. The study provides the following notes and determinations: . No special status species of plants were detected during the survey and none are expected to be affected by the project. o No raptors nests were observed within the survey area. . Long term impacts resulting from the project development would be unlikely because the area is previously disturbed and current experiences significant human activity.o Recommended that if the 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. . 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. 71, The proposed project would not be located in potential habitat for any T&E mammals or birds. b. The report concludes: that an adequate escape ramp will prevent wildlife from becoming trapped within the perimeter (of the trench/pit); and since the site is within and adjacent to significant and longterm human presence, the additionaldisturbance from this project is expected to be low; and the potentialfor vehicle related mortalities related to this project should be low. Cover pboto: \rien' of tlæ reclaimed site of the proposed Starùey Gr¡lch Cmhalized l[aste Management Facility 7-203: Protection of Water Bodies Potential impacts on water bodies has been addressed by the Storm Water Management Plan (permit), grading and drainage plans, which include diversion ditches and sediment traps. The site is above the Starkey Gulch drainage and2,200 ft. from Parachute Creek. Distance from these features along with the stormwater and drainage plans for the site mitigate the potential for impacts. Monitoring and ongoing maintenance of water quality and erosion control measures during and after construction is proposed in the operations plan for the facility. T2 7-204: Drainaqe and Erosion (Stormwater) The Applicant has provided a copy of the State Storm Water Management Permit with CDPHE along with a grading and drainage plans reporVplan for the site that include diversion ditches, and sediment traps. Compliance with the drainage plans and improvements for the site shall be required. 7-205 Environ mental Oualitv a. The Application includes as assessment of air quality permits from CDPHE and indicates that CDPHE Permits are not anticipated to be required based on the type of equipment operating at the facility. A condition of approval will require ongoing compliance with all CDPHE Permitting requirements including APEN Air Quality Permits if they are determined by CDPHE to be required. b. The Applicant shall also be required to comply with the COGCC requirements for one upgradient and two down gradient monitoring wells and mitigate for any issues identified by said monitoring. c. A condition of approval shall be required to document that lining of the tranches is not required by COGCC and not necessary based on the type of treatment the drill cuttings will undergo prior to placement in the trenches. Said response shall specifically address the uses of Trench es #2 and #3 for drill cutting associated with Oil-Based Drilling Fluids and use for Oily and other E&P Waste soils. The Applicant shall also provide a more detailed representation regarding the treatment and standards to be used for ensuring that the drill cuttings will be sufficiently dry for placement into the tranches. d. Compliance with Arsenic standards in soil/drill cutting placement is noted in the Application (Operations Plan pg. 6) and in referral comments from the County Consulting Engineer. Delaying the addressing of that issue to time of closure is not thought to be appropriate. The Applicant shall be required to provide an assessment of pre-project Arsenic levels at the site and address compliance with said pre-project levels, or COGCC standards or appropriate COGCC Waivers within one year of beginning construction of the facility. 7-206: Wi re Hazards The site is located in an area mapped with low to moderate wildfire hazard. The Applicant shall provide documentation that the Emergency Response Plan address the procedures for wildfire response including the remote shut down procedure referenced in the submittals. t3 7-207 Natural and Geolooic Hazards The Geologic Hazard Report addresses a broad range of potential hazards including landside, rock fall, soils, alluvialfans and slopes. No significant hazards to the proposed facility were noted in the report and the site is not located within a flood plain. 7-208: Reclamation The Applicant has included a reclamation plan that addresses re-vegetation and reclamation issues for the well pad. 7-301& 302: Compatib le Desion. Parkinq. and Loadinq The proposed use is consistent with typical oil and gas exploration and production activities. While it is anticipated that large areas of the site plan will be available for parking, circulation, and loading activities, the site plan shall be required to be updated to show details on areas for internal circulation, temporary staging areas, treatment areas and parking as necessary for employee vehicles and heavy operational equipment. 7-303: Landscapinq As an industrial use landscaping submittals and standards are not applicable to the proposal. 7-304: Liqhtinq No lighting is proposed, and the Application indicates that no night-time activities are anticipated. Based on the above representations no lighting will be permitted unless required by OSHA safety regulations. Any lighting shall be required to meet the County standards for being down directed, shielded, and oriented toward the interior of the site. 7-305 Snow Storaqe Adequate portions of the site plan are available for snow storage and can be accommodated by the drainage and storm water management plans. These areas shall be required to be shown on an updated site plan. 7-306 Trails Trails standards are generally not applicable based on the industrial nature of the proposal and surrounding uses. 1,4 7-100 1 INDUSTRIAL USE STANDARDS The Application represents that the facility will comply with all the lndustrial Use Standards contained in Section 1001. The Application contains a variety of documents to support compliance and the following summary addresses key issues. o The facility will have no building and will involve on-grade equipment and stockpiles. Visual impacts are generally mitigated by distance and topography. o Hours of operation are in general compliance with the Industrial Use Standards; however, a waiver has been requested. Clarification as to whether the operation is 7 days a week needs to be provided. Per the Application the facility will be limited to normaldaylight hours (7:00 a.m. - 5:00 p.m.) and further limited during winter months (12t1to 4t30) to 10:00 - 3:30 unless a specific short-term emergency/upset condition warrants.o All industrial products and wastes will be stored in accordance with all applicable state and federal regulations. The site plan shall be updated to show storage areas for treatment materials and chemicalso The Application includes a detailed noise study. The ambient noise level on the site was estimated to be 421 dBa. Noise estimates for equipment to be operating on the site were provided and allwere below the Light Industrial Standard (70 dBa daytime) at 350 ft. from the site and at or just above the Residential Standard (55 dBa) at the nearest TEP property line (1 199 ft. from the site). Ongoing compliance with the noise standards during construction, operation, and reclamation shall be required with any exceedence to be mitigated by the Applicants. o Potential for odors should be managed as part of the Applicant's Inspection/Monitoring plan (noted on pg. 10 of the Operations Plan). Daily assessment during operations is recommended (consistent with Wildlife Activity lnspection).o No other nuisance or ground vibration hazards are anticipated based on the type of use. 1. The Applicant has provided supplemental information in response to staff analysis, in an email from Jeff Kirtland, dated 117121. The response provides additional details on how liners are not being required by COGCC and are not practical for the proposed use along with additional details on site operations and initial staging of materials. 2. A site visit was conducted by staff and photographs of the site attached with this memorandum. At the site visit TEP staff were able to confirm that 4 monitoring wells have already been installed on the site and confirmed how site operations and staging of materials would be handled. i:,rl,lrl ";,1i :irit[l rrlit,'^,ll i.;it:,4^,,1 ] .'^)lñfìl'Íl.;1, 15 :vt. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the Director's Decision. 2. Consideration of the Application was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were given the opportunity to provide input prior to the Director's Decision. 3. That for the above stated and other reasons the proposed Land Use Change Permit for the TEP Starkey Gulch Drill Cutting Processing, also known as the Starkey Gulch Waste Management Facility is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoptions of conditions and approval of waiver requests, the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. .V¡1. RECOMMENDATION The following recommended conditions of approval are provided for consideration as part of the Director's Decision for approval of the Application. 1. That all representations made by the Applicant in the application shall be conditions of approval unless specifically altered by the conditions of approval. 2. That the Starkey Gulch Drill Cutting Processing Facility, shall be operated in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility, including but not limited to all COGCC Permit requirements and operational standards and OSHA requirements. Condition Prior to lssuance 3. Prior to issuance of the Land Use Change Permit, the Applicant shall provide an updated site plan for review and acceptance by County Staff, identifying the Temporary Staging and treatment areas for the drill cuttings, internal vehicle circulation and parking areas for equipment and employees, maximum height of stockpile areas and snow storage areas. 4. Prior to issuance of the Land Use Change Permit, the Applicant shall document that lining of the trenches/pits is not required by the COGCC and not required based on the type of treatment the drill cuttings will undergo prior to placement in the trenches. Said response shall specifically address the uses of Trenches #2 and #3 for drill cutting associated with Oil-Based Drilling Fluids and use for Oily and other E&P Waste soils. T6 The Applicant shall also provide a more detailed representation regarding the treatment standards and criteria to ensure that the drill cuttings will be sufficiently dry for placement into the tranches. 5. Prior to the issuance of the Land Use Change Permit, the Applicant shall provide an Updated lnspection Plan to include daily odor monitoring during operation consistent with wildlife activity monitoring. 6. Prior to the issuance of the Land Use Change Permit, the Applicant shall provide documentation from the TEP Emergency Preparedness Plan confirming that the plan includes procedures for coordination with the Grand River Fire Protection District for Fire Protection, Emergency Response, wildfire response/mitigation, and emergency shut down procedures including current contact information. 7 . Prior to issuance of the Land Use Change Permit, the Applicant shall confirm that the site is currently in compliance with all existing COGCC conditions of approval and reclamation requirements. The Applicant shall provide confirmation/verification that the reclamation bond for the site is still current. L Prior to the issuance of the Land Use Change Permit, the Applicant shall confirm that they will comply with the CPW recommendations contained in their referral comment letters dated 12121120 and 1l19l21,including limitations on construction to outside of the 1211 - 4/3 winter time period, excavated wildlife ramps and fencing. Other Gonditions 9. Compliance with COGCC Arsenic standards in soil/drill cutting placement shall be required unless a waiver from COGCC is approved. The Applicant shall apply for said waiver and provide pre-project Arsenic soils reports in support of the waiver request in accordance with COGCC requirements. 10. The facility shall maintain compliance with the CDPHE Storm Water Management Permits, Drainage and Grading Plans, Reclamation Plans, Spill Prevention plans and Erosion Control Plans for the site. The Applicant shall monitor and update as necessary water quality and erosion control measures during construction and during operation of the facility. 11. The Applicant shall maintain all required COGCC permits and forms for the facility including but not limited to the listing below and shall comply with all conditions or requirements of said permits and forms including soil testing, standards for drill cutting placement, and monitoring wells. T7 Permit Type COGCC Document Number Form 2A - Oil and Gas Location Assessment 40t587706 Form 28 - E&P Waste Management Permit 2573070 Form 15 - Pit #1 402455520 Form 15 - Pit #2 402457201 Form 15 - Pit #3 402457228 12. ln accordance with COGCC requirements the Applicant shall install and operate a minimum of one up gradient monitoring well and two down gradient monitoring wells. The Applicant shall mitigate for any issues identified by said wells in accordance with COGCC regulations. 13. The facility shall maintain compliance with COGCC Noise Standards/Regulations at the Light lndustrial 60 dBA standard at the property line, consistent with the Applicant's noise study. 14. The Applicant shall comply with the hours of operation representation in the Application with a waiver approved to allow temporary operations during emergency conditions 7 days a week. 15. The Applicant shall maintain all required CDPHE permits for the facility including any applicable air quality, APEN permits. 16. The Applicant shall comply with the Westwater Environmental Study (dated 1Ot2O) recommendations including limitations on project construction timing and additional biological surveys if construction is delayed into the beginning of the nesting season. Use of bear proof trash container shall also be required. 17. The Facility shall be limited to the 24 ADT Truck traffic and I ADT Employee Traffic as represented in the Applicant's Traffic Study. The facility shall be limited to serving the TEP Well Pads identified in the Application and with access to the site via the TEP private access roads. 18 _:*- å- --'ñ'+ * ¡¡ -i::-- - f 19 20 MOUNT¡TIN CROSS ENGINEERING. INC. eivit and Ënvironnrøn?al tonsultlng arìd nesigll December 21,2020 Mr. Glenn Hartman Garfield County Planning l0B 8tl' Street, Suite 401 Glenwood Springs, CO 81601 RE: Stnrkey Gulch, Waste Management Facility: GAPA-I1-20-8816 Dear Glenn This ofTice has reviewed the dosuments proviclecl for the Stalkey Gulch Waste Management Facility. The submittal was found to be thorough and well organizecl. The rcview generated the 1'ollowing comments: L The constrr"rction scheduled sliould be modifìeclas necessary so that activities occr¡r outside of nesting season of migratory bircls. 2. The Operating Plan pl'oposes to request relief fi'om the arsenic standard due to the high level of'natulally occurring arsenic in the soils ol'the Piceance Basin. These soils reportedly exceed COGCC standard of 0.39 mg/l(g. The Applicant should test and prnvicle results ofpre-project site specific arsenic concentrations þrior to beginning operations) to verif if they clo in fact cxcccd ths lcvcl of thc standard. If thc prc-projcct lcvcls cxcccd thc standard, thc Applicant shourld be required to malch the pre-project levels rather than lequest relief. Feel fì'ee to call if you have any questions or contments. Sincerely, Mounlain Engi Inc. i .a/a*,L":'c EXHIBIT ('tâüô.oó Hale, PE 826'l,Qrancl Avenue, Glenwoocl Springs, C(} 81601 l': I 7û.945.5544 F: 970.945.S55S www.mor¡ntaincross-eng.cotn EXH¡BIT 7 Guffiehd Co un Vegetatìon Mønagement December 17,2020 Glenn Hartmann Garfield County Community Development Department RE: TEP Starkey Gulch Waste Management Facility Dear Glenn, Thank you for the opportunity to comment on this permit. The Reclamation Plan, including the seed mixes, and the Weed Management Plan, both found in Appendix D are acceptable. The Garfield County Noxious Weed List in the application is outdated, I will forward you a copy of the current list so that you may pass it on to TEP. Sincerely I L<. Steve Anthony Garfield County Vegetation Manager 195 W. 14th Street, Bldg. D, Sulte 310 Rifle, CO 81ô50 Phone: 970-945-1377 x 4305 Moblle Phone: 970.3794456 GARFIELD COUNTY NOXIOUS WEED LIST Adopted by Board of County Commissioners - February 16, 2016 Common name Scientific Name Colorado Designation Absinth wormwood Black henbane Bouncing bet Bull thistle Canada thistle Chicory Chinese clematis Common burdock Common tansy Common teasel Corn chamomile Curly dock Cutleaf teasel Cypress spurge Dalmatian toadflax Dame's rocket Diffuse knapweed Hoary cress Houndstongue Jointed goatgrass Leafy spurge Mayweed chamomile Meadow knapweed Mediterranean sage Musk thistle Myrtle spurge Oxeye daisy Perennial pepperweed Plumeless thistle Poison hemlock Purple loosestrife Russian knapweed Russian-olive Saltcedar Saltcedar Scentless chamomile Scotch thistle Spotted knapweed Sulfur cinquefoil Yellow starthistle Yellow toadflax Artemsia absinthium Hyoscyamus niger Saponaria fficínalis Cirsium vulgare Cirsium alvense Cichorium intybus Clematis orientalis Arctium minus Tanacetum vulgare Dipascus fullonum Anthemis arvensis Rumex crispus Dípsacus lacinatus Euphorbia cyparissias Linaria dalmatica Hesperis matronalis Centaurea dffisa Cardaria draba Cynoglossum fficinale Aegilops cylindrica Euphorbia esula Anthemis cotula Centaurea pratensis Salvia aethopsis Carduus nutans Euphorbia myrsinites Leucantheum vulgare Lepidium latifulium Carduus acanthoides Conium maculotum Lythrum salicaria Acroptilon repens Elaeagnus angustiþlia Tamarix parviflora Tamarix ramosissima Tr ipl e uro spe rnum perþr atum Onopordum acanthium Centaurea stoebe Potentilla recta Centaurea solstitalis Linaria vulgaris Not listed B B B B B C B C B B B B B B B B B B B B B A A B A B B B C A B B B B B B B B A B Gørfteld Coanty Public Heølth 195 W. 14h Street Rifle, CO 81650 (970) 625-5200 Garfield County Community Development 108 8th Street Glenwood Springs, CO 81601 2014 Blake Avenue Glenwood Springs, CO 81601 (970) 945-6614 Attention: Glenn Hartmann PrinciPal Planner Subject:Starkey Gulch Waste Management Facility County Road 215 Parachute, CO 81635 Parcel No. : 21 7 1 -332-00-019 Referral Comments December 17, 2O2O Glenn, I have reviewed the application for the Starkey Gulch Waste Management Facility and have the following comments. 1 Liner a.COGCC Rule 908 CENTRALIZEÐ E&P WASTE MANAGEMENT FACIL¡T¡ES (7) C mentions the use of liners. However, the application does not mention the use of a liner in the bottom of the pits. The proposed waste will be treated to the levels indicated in COGCC Table 910-1, then buried in the pits. The application indicates that the waste will be "sufficiently dry" with contaminant concentrations at or below the standards listed in the Table. "sufficiently dry" is an arbitrary standard. The potential for seepage of the chemical constituents in the waste is still present. ln accordance with 90S(7)C, we believe that sections i. Type and quantity of material required for use as a liner, including design compo,nenfs; and ii. Location and depth of cut for liners are appropriate for this site. 2 Comoaction of placed waste: a, While not a Public Health concern, per Se, my background in land use development and geotechnical engineering provide some insight into the potential for adverse settlement of the treated solid waste (drill cuttings) in ihe pits. lf the waste is placed without some form of compaction, it is likely that the waste will settle differentially over time. I would recommend that Garfield County Public Health Department - working to promote health and prevent disease Thank you, Edward R. "Ted" \A/Ïrite, P.E. Environmental Health Specialist lll Garfield County Public Health 2014 Blake Avenue Glenwood Springs, CO 81601 (970) 945-6614 ext. 8106 twh ite @g a rfi e ld-co u nty. com the waste be compacted to some degree during placement in the pits to mitigate the potential effects of differential settlement. /l f|-flc./ Garfield County Public Health Department - working to promote health and prevent disease regl COLORADO Department of Public Health 6 Environment Thank you for contacting the Colorado Department of Public Heatth and Environment (CDPHE). Ptease note that the fottowing requirements and recommendations appty to many but not at1 projects referred by tocat governments. Also, they are not intended to be an exhaustive tist and it is uttimatety the responsibitity of the applicant to compty with att appticabte rutes and regutations. CDPHE's faiture to respond to a referrat shoutd not be construed as a favorabte response. Hazardous and Solid Waste The appticant must compty with att applicable hazardous and sotid waste rules and regutations. Hazardous waste regulations are available here: h ttps : / /www. cotorad o. gov / pacific / cd phe / hwress. Sotid waste regulations are avaitable here: https: / /www. cotorado. gov/ Pacific / cdphe / swregs. Appticabte requirements may include, but are not limited to, property characterizing all wastes generated from this project and ensuring they are property managed and disposed of in accordance with Cotorado's solid and hazardous waste regulations. lf this proposed project processes, rectaims, sorts, or recyctes recyctabte materials generated from industrial operations (inctuding, but not limited to construction and demotition debris and other recyctabte materiats), then it must register as an industrial recycling facitity in accordance with Section I of the Colorado Sotid Waste Regulations. The industriat recycling registration form is avaitable here: https : / /www. cotorado. gov/ pacific /cdphe /sw- recycti ns-forms-apps. lf you have any questions regarding hazardous and/or sotid waste, please contact CDPHE's Hazardous Materiats and Waste Management Division (HMWMD) by emaiting comments. hmwmd@state.co. us or catting 303-692-3320. Water Ouality The appticant must compty with att applicable water quatity rutes and regulations. The Water Quatity Control Division (WQCD) administers regutatory programs that are generalty designed to hetp protect both Cotorado's natural water bodies (the clean water program) and buitt drinking water systems. Appl,icants must compty with all applicable water quatity rutes and regulations relating to both clean water and drinking water. AtI water quatity regutations are available here: https: / /www.cotorado.gov/pacific/cdphe/water-quatity-controt-commission-regutations. EXHIB¡T þôog I Clean Water Requirements Appticabte ctean water requirements may include, but are not limited to, obtaining a stormwater discharge permit if construction activities disturb one acre or more of land or if they are part of a larger common ptan of development that will disturb one or more acres of tand. ln determining the area of construction disturbance, WQCD looks at the entire ptan, inctuding disturbances associated with utilities, pipelines or roads constructed to serve the facitity. Ptease use the Cotorado Environmentat Online Services (CEOS) to appty for new construction stormwater discharge permits, modify or terminate existing permits and change permit contacts. For CEOS support ptease see the fottowing WQCD website: https: / /www.cotorado.gov/pacific/cdphe/co1400000-stormwater-discharee or contact: Email: cdphe ceos support@state.co. us or cdphe-wqcd-permits@state.co.us CEOS Phone: 303-691 -7919 Permits Phone:. 3.03-692-351 7 Drinking Water Requirements Some projects may also need to address drinking water regulations if the proposed project meets the definition of a "Pubtic Water System" per the Cotorado Primary Drinking Water Regutations (Regutation I 1 ): A Public Water System means a system for the provision to the public of woter for human consumption through pipes or other constructed conveyances, if such system has at |east fifteen service connections or regularly serves an average of at |east 25 indíviduals daily at least 60 days per year. A public water system is either''a community water system or a non-community water system. Such term does not include any special irrigation district. Such term includes: (o) Any collection, treatment, storoge, and distribution facilities under control of the supplier of such system and used primarily in connection with such system. (b) Any collection or pretreatment storage facilities not under such control, which are used primarily in connection with such system. lf appticabte, the project woutd need to meet atl applicable requirements of Regulation 11 including, but not timited to, design review and approval; technicat, managerial and financial review and approvat; having a certified operator; and routine monitoring and reporting. For questions regarding drinking water regulation appticabitity or other assistance and resources, visit this website: https: / /www.colorado.gov/ pacif iclcdphe /toots-drinking-water-f acitities-managers lf you have any other questions regarding either ctean or drinking water quatity, ptease contact CDPHE's WQCD by emaiting cdphe.commentswqcd@state.co.us or calling 303-692-3500. Air Ouality The appticant must compty with att retevant state and federal air quatity rutes and regutations. Air quatity regulations are availabte here: https : / /www. colorado. gov/ pacific / cd phe / aqcc - regs. Air Pollutant Emissions Notices (APENs) and Permits Appticabte requirements may include, but are not limited to, reporting emissions to the Air pottution Control Division (APCD) by compteting an APEN. An APEN is a two in one form for reporting air emissions and obtaining an air permit, if a permit witt be required. White onty businesses that exceed the Air Quatity Control Commission (AQCC) reporting threshotds are required to report their emissions, atl businesses - regardtess of emission amount - must atways compty with applicabte AQCC regulations. ln generat, an APEN is required when uncontrotted actual emissions for an emission point or group of emission points exceed the fotlowing defined emission thresholds: Uncontrotted actua[ emissions do not take into account any potlution controt equipment that may exist. A map of the Denver Metropotitan Ozone Non-attainment area can be found on the fottowing website: http: / /www.colorado. gov/airquatity/ss map wm. aspx. ln addition to these reporting threshotds, a Land Development APEN (Form APCD-223) may be required for tand development. Under Cotorado air quatity regutations, land development refers to att Land clearing activities, inctuding but not limited to tand preparation such as excavating or grading, for residentiat, commercia[ or industriat devetopment. Land development activities retease fugitive dust, a pollutant regulation by APCD. Smatt land devetopment activities are not subject to the same reporting and permitting requirements as large tand activities. Specificatty, land development activities that are less than 25 contiguous acres and less than 6 months in duration do not need to report air emissions to APCD. Table I APEN Thresholds Pollutant Category UNCONTROLLED ACTUAL EMISSIONS Attainment Area Non-attainment Area Criteria Pollutant 2 tons per year I ton per year Lead 100 pounds per year 100 pounds per year Non-Criteria Pollutant 250 pounds per year 250 pounds per year It is important to note that even if a permit is not required, fugitive dust control measures included the Land Devetopment APEN Form APCD-223 must be fottowed at the site. Fugitive dust control techniques commonty inctuded in the ptan are included in the tabte below. Controt Optlons for Unpaved Roadways Watering Paving Graveling Use of chemicat stabitizer Controtting vehicle speed Control Options for Mud and Dirt Carry-Out Onto Paved Surfaces Gravet entry ways Coverinq the load Washing vehicte wheels Not overfitlinq trucks Controt Options for Disturbed Areas Watering Revegetation Compaction Wind Breaks Application of a chemical stabitizer Controtting vehicle speed Furrowing the soil Minimizing the areas of disturbance Synthetic or Natural Cover for Stopes Additional information on APENs and air permits can be found on the fottowing website: https://www.cotorado.gov/pacific/cdphe/airldo-you-need-an-apen. This site exptains the process to obtain APENs and air quatity permits, as wetl as information on catcutating emissions, exemptions, and additional requirements. You may atso view AQCC Regutation Number 3 at https://www.cotorado.gov/pacific/cdphe/aqcc-regs for the complete regutatory Ianguage. lf you have any questions regarding Cotorado's APEN or air permitting requÍrements or are unsure whether your business operations emit air pollutants, ptease call the Smatl Business Assistance Program (SBAP) at 303- 692-3175 or 303-692-3148. Asbestos and Lead-Based Paint ln Cotorado there are regulations regarding the appropriate removal and handling of asbestos and lead-based paint as part of a demotition, renovation, or remodeling project. These regutations are presented in AQCC Number I (asbestos) and Number 19 (tead-based paint) which can be found on the fottowing website: https://www.cotorado.gov/cdphe/aqcc-regs. These regulations may require the use of, or inspection by, companies or individuats that are certified to inspect or remove these hazards prior to renovation or demolition. APCD must atso be notified of abatement or demolition activities prior to beginning any work in the case of asbestos. For additional guidance on these regutations and lists of certified companies and individuals ptease visit the foltowing website for asbestos: https: / /wwwcotorado. gov/cdphe/categories/services-and-information /environment/asbestos and the fol[owing website for lead-based paint: https: / /www.cotorado. gov/pacific/cdphe/categories/services-and-information /[ead. lf you have any questions about Colorado's asbestos and lead-based paint regulations or are unsure whether you are subject to them ptease catl the lndoor Environment Program at 303-ó92-31 00. lf you have more general questions about air quality, please contact CDPHE's APCD by emaiting cd phe. commentsapcd(Ðstate. co. us or caltin g 303- 692- 3 1 00. Health Eouitv and Environmental Justice CDPHE notes that certain projects have potential to impact vulnerable minority and low-income communities. lt is our strong recommendation that your organization consider the potential for disproportionate environmental and health impacts on specific communities within the project scope and if so, take action to mitigate and minimize those impacts. This includes interfacing directly with the communities in the project area to better understand community perspectives on the project and receive feedback on how it may impact them during development and construction as wetl as after completion. We have inctuded some general resources for your reference. Additionat Resources: CDPHE's Health Equity Resources CDPHE's Checking Assumptions to Advance Equity EPAs Environmentat Justice and NEPA Resources EXHIBIT locoroRADO Pa¡ks andWildtife tþpartment of Natural Resor¡rces Grand Junction Servíce Center Nonhwest Regionat Office 7fl lndependent Ave. Grand Junction, CO 81505 Dec ?1 ,2020 Patrick Watter Garfield County Comrnunity Development ilepartment 108 Bth Street, Suite 401 Glenwood Springs, Colorado 81601 RE: Starkey Gutch Wa¡te Management Facitity Dear Mr. Watler, Thank you for the opportunity to cofilment on the Starkey 6ulch Centralized Waste Managenrent Facility tCWMF) appticaticn in Garfield County. Cotorads Farks and Witdtife {CpW) has a statutCIry responsibitity to manage atl wjldtife species in Cotorado; this responsibiLity is embraeed and futfitted thrûugh CPW's mission tÕ protect, preserve, enhånce, and manage the witdtife sf Cotorado fc¡' the use, benefit, and enjoyment of the people af the Ståte and its visitors. CFW enccurages Terra tnergy Partners iTËPi and Garfietd County to afford the highest protection for Cotorado's wiidtife species and habitats" The Starkey Guteh CW&{f is being constructed within ån area previousty disturbed by oil and gas activìties" CPW conducted å pre-app review of th€ Starkey Gutch CWVIF in March ?û20, and provided Farm 2Â csmments for the facìtily in May 2020 to COGCC. CPW reached ågreement with the operator on ån excåvated ramp in the pit to atlow for witdtife escape {vs an artificia{ ramp), and daily inspections during times when the pit i5 open for active drilting 0peratiûns " The Starkey Gulch CWMF is located within Mute Deer eriticat Winter Range and E[k Winter eancentration Area sensitive wildtife habitat bsundaries as mapped per the current COGCC geospatial data, and the exisling aceess road ts the Starkey Gutch CWilf traverses through /riute Deer Criticat Winter Range and Elk Winter eoncentration Area sensitive witdtife habitat. The operator intends to construct this tocation in May 2t21 at the very earliest, which falls outside of the Big Game Winter TiminE Limitation of Dec" 1 to April 30th. cpw is amenabte to the operðtor's best rnanagement practices (sMPs) to minimize irnpacts to witdtife through avCIidance *f the winter big game time period, planned construction m*lhods ii.e. wildl,ife rarnp), periodir witdt'ife inspections and the proposed wjtdtife BMPs lisled on the O&G Location Assessment (Fsrm 2Â). CPW atso supports the operator's proposed BMPs for - ôf _cg¿ô ! +9 Yfn , . ,e.16, reffi1 bear-proof trarh receptactes, speed limit restrictions, hours of operation, weed ccntrot and reclamation Noise and Odor Mitigation, and Rectamation. CPW would like to thank you for the opportunity to comment on projects in Garfield County. lf you or your stäff should have any questions, please contact District Wildtife Manager Scott Hoyer at 970-250-0873, Sincerely lvan Archer Asst. Area Wil.cltife Manager Cotoradn Parks and Witrjlife J'[ Romatzke, Northwest Regional À4anager Taylor Elm, NW Region Energy Liaison Elissa Slezak, NW Region Land Use Specialist LL: Glenn Hartmann From: Sent: To: Cc: Subject: x Slezak - DN& Elissa <elissa.slezak@state.co.us> Tuesday, January 19,2021 4:22 PM Glenn Hartmann Taylor Elm - DNR; Scott Hoyer - DNR Re: FW: [External] Starkey Gulch Administrative Land Use Change Permit Referral Hi Glenn, Thank you for the opportunity to further review the Westwater lmpact Report section of the TEP Starkey Gulch WMF apptication. The locations of known raptor nests and heron rookery are outside of the recommended buffer, and CPW does not have further recommendations for these species. CPW does support the Westwater recommendation that if project construction is delayed beyond the beginning of the 2021 nesting season, another nesting survey be completed prior to project construction activitieJ by a quatified biotogist. CPW also supports the recommendations for fencing the facitity to exclude witdtife anó utiiization of bear-proof trash receptactes (which is required per COGCC rules and addressed in our previous correspondence with the operator). It is our understanding, per correspondence with the operator in Dec 2020, that they do not intend to do any construction at this site untit May of 2021; however, this is not stated explicitly in the application. As stated in our comments, CPW requests that the construction and associated activities at this location occur outside of the Dec. I - Aprit 3 winter time period to minimize disturbance to wintering etk and mule deer. I hope that hetps, and feel, free to give me a ca[[ this week if you have any questions- 970-509.9671. Thanks, Etissa Elissa Slezak Northwest Region Land Use Specialist Colorado Parks and Wildlife P 970-509-9621 | F 970-725-6217 | 346 County Road 3ó2, PO Box 216, Hol Sulphur Springs, CO 80451 elissa.stezak@state.co.us I cpw.state.co.us On Mon, Jan 1"1", 2O21. at L2:53 PM Glenn Hartmann <ghartmann@earfield-countv'com> wrote Hi Elissa: Here is the original referral request with the links to the Starkey Gulch Applicat¡on in the email below and in the attachment. As we discussed any of your insights on the Westwater Environmental Report recommendations would be most appreciated. Thanks again for your help with the review. Glenn. 1 EXHIBIT lt Glenn Hartmann From: Sent: To: Subject: Stuart McArthu r < stuartmc@ pa rachutecolorado.com > Friday, January 8,2021 3:28 PM Glenn Hartmann RE: lExternal] Starkey Gulch Administrative Land Use Change Permit Referral The Town of parachute is concerned about any negative impact to the Parachute Creek drainage and/or any other water that could be contaminated. Stuørt S. fvlcArtltur Town Manager Town of Parachute "A Perfect Landing" 970.285.7630, x-106 303.513.5555 (cell) THIITE f¡r¡t¡¡ rt 1*' From: G lenn Hartma nn [mailto:gha rtma nn@ga rfield-county'com] Sent: Monday, January 4,2O2L L0:54 AM To: Dan Goin <dgoin@garfield-county.com>; DJ Ridgeway <djridgeway@garfield-county.com>; cdphe_localreferal@state.co.us; msenor@blm.gov; stuart McArthur <stuartmc@parachutecolorado.com>; opschief@gvfpd.org; Harry Shiles <hshiles@garfield-county.com>; Dale Stephens <dstephens@garfield-county.com> Subject: FW: Starkey Gulch Administrative Land Use Change Permit Referral Hi ReferralAgencies: Justdoublecheckingifyouwereabletoprovidereferralcommentsonthisfile. lf l'vemissedpast emails I apologize and request that you resend them if possible. lnput is particularly significant for Countv Road topics a nd emergencv response/fire protection. We did receive general referral comments from CDPHE but were not clear if site specific comments were still anticipated to be provided. Sorry about the follow-up email, thanks again for your assistance with the review of this application Sincerely, Glenn Hartmann Principal Planner 97O-945-L377 xL570 G ha rtm a n n (o ga rfie ld-co u ntv,co m 1 EXHIBITIL¡ô.oa Glenn Hartmann From: Sent: To: Subject: Attachments: Jeff Kirtland < JKirtland@terraep.com > Thursday, January 7,2021 11:49 AM Glenn Hartmann [External] Additional information from TEP DOCO 1 072 1 -01 07 2021 09221 S.Pdf Glenn, These were the questions and answers I posed to our folks internally, as we discussed. L. Glenn is considering adding a COA to the County Permit that we will have to provide confirmation that a liner will not be required by COGCC. I did tell him that we are not planning to use a liner and do not expect COGCC will require one since the facility will only be processing cuttings. lf we are okay with that COA, then there is no need to provide a case for no liner to the County. That is correct, we do not plan to use a svnthetic liner for the following reasons: L) No free fluids will be ever be managed, treated, or stored at this location. Only dry, solid E&p wastes that have been treated to comply with COGCC 9l-0-1 (915-1) cleanup standards will be placed into the individual cells for treatment / disposal. No materials exceeding these cleanup standards will be allowed for direct burial / disposal. 2) As discussed with COGCC, a synthetic liner is not practical for use at this facility due to types of heavy equipment (e.g., excavators, front-end loaders, dump trucks) that will be requíred to mix, treat, and place the treated soils in the disposal cells. A synthetic liner would be quickly destroyed / compromised due to the types of equipment being used and the amount of heavy equipment traffic that will be concentrated in this area. Metal tracks on the excavators and metal teeth on excavator / loader buckets would easily puncture and compromise a synthetic liner. 3) TEP has agreed to install 4 monitoring wells around the perimeter of the CWMF for the purposes of monitoring any impacts to any shallow ground water that may be present in the immediate area. The monitoring wells will be monitored quarterly and compared to baseline water quality conditions to ensure there are no impacts to any localized ground water resources resulting from the CWMF. 4) A 3-ft thick constructed soil / clay cap liner will be installed over the final reclaimed facility which will effectively prevent infiltration of precipitation from coming into contact with underlying treated waste materials 2. ln addition to the site plan, Glenn is looking for a descríption or visual of how the cuttings will be brought on to the location and initially unloaded into the temporary staging area described in the operating plan. Do we have a post-construction layout showing the temporary staging areas prior to transferring to the phased pits? I think Glenn is trying to distinguish in his mind how the cuttings will be initially staged and then disposed of, as described in the operating plan. The attached Plan of Development and Construction Layout plats show how and where the various types of drill cuttings and oily waste materials will be managed, treated, and ultimately disposed. For example, the Phase 1 pit area shows the working area where water-based, bentonitic drill cuttings will be staged and treated on site. Water-based, bentonitic drill cuttings will be brought to this area directly from the well pad, and staged in small "batches" (i.e., 1000 cubic yards or less) to ensure accurate characterization of the waste material, and allow accurate identification of the treatment method (if needed). 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. lf a batch of drill cuttings / waste material does not meet the COGCC Table 9L0-1 concentration levels, the wastes will continue to be treated (in small batch units) 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-l- concentration levels, an appropriately sized portion of the cuttings trenchwillbeexcavatedtodisposeofthetreatedbatchofcuttingswithinthetrenchboundary. Thedisposal trench area will only be excavated as treated materials become available and are ready for burial. Not I EXHIBIT t7l.o3og 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. Let me know Jeff Kirtland Regulatory Lead TEP Rocky Mountain LLC (Terra Energy Partners LLC) 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. lf you are not the intended recipient(s), you are hereby notified that any dissemination of this communication is strictly prohibited. lf you have received this communication in error, please erase all copies of the message and its attachments and notify the sender immediately. 2 GIenn Hartmann From: Sent: To: Subject: Attachments: Jeff Kirtland <J Kirtland@terraep.com > Tuesday, January 5,2021 3:29 PM Glenn Hartmann lExternal] RE: Referral Comments EOG-Minera I DOC122B20-122820201 223O7 .pdf; TE P-M i neral D O C 1 22820 - 1 2282020 1 22 4 1 2.P df Glenn, Good afternoon, just wanted to follow up on your email below. See comments and reference to attachments below From : G le n n Ha rtma n n <gha rtma n n @ga rfield-co u nty.com> Sent: Monday, January 4,202711:45 AM To: Jeff Kirtland <JKirtland@terraep.com> Subject: Referral Comments Hi Jeff: Hope you Holidays were great. l'm still wrapping things up for your Starkey Gulch Facility. l'm still looking for a couple key referral comments, perhaps the holidays slowed things down. l've attached the referral comments I have and there are a couple of questions that you may be able to help me out with. The CpW referral comment references a different construction schedule, indicating that a May 2O2L date for commencing construction based on their review with you in early 2020. We should clarify to make sure we're all on the same schedule. Consistent with CPW's comments, the May 2021 date, following the timing limitation, ¡s the expected start of construct¡on. County Environmental Health noted the question of liners for the pits and compaction. Your insight especially on the liner question would be most helpful. Awaiting a comment from our environmental staff... Our consulting engineer had questions about the soils testing, arsenic, and COGCC standards. I can probably address it with a conditions but was looking for your insights. Awaiting a comment from our environmental staff... Since I have not heard from the Fire Protection District, we'll be relying on your responses to Section 7-tO9,Fire protect¡on and references to Emergency Response in your Operations Plan description. Based on those representations, I understand that the TEP Emergency Response Plan and Spill Prevention Plans would detail coordination with the Grand Valley Fire Protection District in the event of an emergency. Awaiting a confirmation from our environmental staff, but the emergency response plan does provide details of coordination with emergency services. Also, if you have received any of the green cards (return receipts)on your mineral rights mailings, please forward copies to me. See attached two of the four green cards that we have received to date: EOG and TEP Thanks for your assistance, and l'll probably give you a call this afternoon to update a bit more. Thanks again. Glenn. t+EXHIBIT Glenn Hartmann Principal Planner 970-945-L377 x157O G hartmann @ga rfield-countv.corn From: Sca n Ad m in <sca nad min @ga rfield-co u ntv.com> Sent: Monday, January 4,2O2L 10:01 AM To: G lenn Ha rtma nn <gh3gma nn @sa rfield-countv.com> Subject: Attached lmage 2 TEËÑERGV PARTNEÞ5Starkey Gulch Centralized WasteManagement FacilityQuick Factsmx+E-l What W¡ll the Starkey Gulch CWMF be Used For?TEß*-R. A centralized location for the treatment, management, anddisposal of Exploration and Production (E&P) Wastes. Drill Cuttings (-95% of total material). Oily wastes (' 5% of total material). NO liquids / fluids allowed at any time. NO solid wastes or other trash. Strictly solid, dry drill cuttings / waste soils only What are Drill Cuttings Composed of?TDrill Cuttinss' Ground-up rock chips / sediment displaced by borehole that arebrought to surface. Trace amounts of residual drilling mud'Target-zone cuttings will have elevated levels of naturally-occurringhyd roca rbo ns I orga n ic com pou ndsDrilline Muds1) Water-Based Bentonitic Drilling Muds. Fresh water. Bentonitic clay /gel- lubricant. Barium sulfate (barite) - fluid / pressure control' Thicl<eners / Vicosifiers - increase/decrease viscosity of drilling fluids' lnert materials for borehole stability (crushed walnut hulls)2) O¡l-Based Synthetic Drilling MudsENEÊGY PARfNERS How are Drill Cuttings Produce d /Prepared for Disposal? TER---R' Drilling mud is circulated through borehole to bring cuttings frombottom of well to the surfaceo lllud & drill cuttings mixture is then separated at the surface' Drilling mud is expensive. lt is re-cycled and re-used multiple times' Drill cuttings go through a "shaker" to separate mud and de-watercuttings as much as possible HowareDriIlCuttingsProdUced/PreparedforDisposal?TEß"R' The "waste cuttings" that come off the shaker are deposited in largê,high-wall, heavy duty, steel bins'Saw-dust is added as needed to reduce moisture content and facilitatematerial handling' Processed cuttings are then mixed with cleafl, flative soils to furtherreduce moisture content and to prepare cuttings for burial / disposal(com paction)' Processed drill cuttings are sampled on multiple occasion to determinecompliance with COGCC cleanup standards' Samples of the processed cuttings are sent to an accredited analyticallaboratory for detailed compositional analysis' Lab results must indicate that cuttings are below COGCC cleanupstandards before the processed cuttings can be buried What a re "Oily Wastes" and "Other E&P Wastes"?' For TEP's needs, "oily wastes" will include hydrocarbon contaminatedsoils produced from cleanup of occasional spills and leaks of E&P wastes(e.9., produced wateç o¡l / condensate spill, tank bottom residue, wastefrac sand, etc.).'These wastes are allowed for land treatment at a Centralized E&P wastemanagement facility per COGCC Rule 907.e.1.C a nd 907.f.2'The Starl<ey Gulch CWMF provides for the centralized management andtreatment of these materials versus having multiple, smaller wastetreatment a reas scattered th roughout ou r operationsr Jllanagement and treatment of oily wastes will follow the exact sameprocess as that for drill cuttings'All processed materials must be analyzed by an analytical laboratoryand results must indicate that contaminant levels are below COGCCcleanup requirementsTER--* Why Do we Need a Centralized Waste Management Facility? TER.ffiDrill Cuttinss' Typically, cuttings are managed, treated, âfld disposed on location'Several pads on drilling schedule simply do not have sufficient room onlocation to process cuttings; therefore, we need an alternate location forma nagement, treatment, a nd d isposa I'The Starkey Gulch CWMF is a much closer and safer option than runninghundreds of heavy trucks on public roads transporting cuttings to an off-site commercial disposal facility' Protective of worker safety, public safety, and minimizes potentialimpacts to wildlife'The Starkey Gulch CWMF also provides for a secure, access-controlledarea for the treatment of these types of wastes. Protected from public,errant equipment, livestock, wildlife'The Starkey Gulch CWMF provides for the centralized management andtreatment of waste materials versus having multiple, smaller wastetreatment a reas scattered th roughout ou r operations Why are Drill Cuttings Regulated by COGCC?Potentia I Conta m ina nts. Organic compounds. Total Petroleum Hydrocarbons (TPH). BETX: Benzene, Ethyle benzene, Toluene, Xylene. Poly-aromatic Hydrocarbons (PAHs)o llleta ls. lnorga n ic com pou nds. Electrical conductivity. Sodium adsorption ratio (SAR) - salt.pHWaste Management / Treatment' Reduce contaminant concentrations to acceptable levels. Be protective of human health and welfare, andenvironmental and wildlife resourcesTER."R