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HomeMy WebLinkAbout3.0 Conditions & CorrespondenceGuffield Coulnty Community Development Department December 8,2020 Jeff Kirtland Terra Energy Partners (TEP) 4828 Loop Central Drive #900 Houston, TX77081 RE: Completeness Review Starkey Gulch Drill Cutting Facility (GAPA-11-20-8816) Administrative Land Use Change Permit Dear Mr. Kirtland Thank you for the detailed application supplemental materials you've provided and the supplemental email addressing completeness issues. This letter is to inform you that your application has been deemed Technically Complete. Please understand that a determination of technical completeness shall not be viewed as a recommendation of approval, finding of an adequate application, or a finding of general compliance with any goal or objective of the Land Use and Development Code or the Garfield County Comprehensive Plan 2030. The date upon which the Director of the Community Development Department will render decisions on the Applications has been set for December 29, 2020. Public notice at least 15 days priorto the Director's Decision is required by written notice by certified mail, to the owners of record of all property adjacent to the property and within 200 ft., and by certified mail return receipt requested to the mÍneral owners of record for the Applicant's property. The Applicant shall be solely responsible for the mailing of the notice. The Applicant shall present proof of the required notice to the Community Development Department prior to the Director's Decision. Pursuant to Section 4-103(BX3) of the Land Use and Development Code, the notice shall include a vicinity map, the property's legaldescription, a short narrative describing the proposal, current zoning, the contact information forthe Community Development Department and the date that the Director will make a decision. I have enclosed an appropriate notice for the Director's Decision for your convenience. The document is provided to you as a courtesy and the Applicant must verify that all information in the notices is correct and attach or insert any changes to the legal description and vicinity map. lt shall be the obligation of the Applicant to correct any deficiencies in the public notice such that proper notice in form and substance can be established. lncluded for your convenience is the following outline of the process from this point. 1. Referrals have been sent out. 2. Public Notice must be mailed by the Applicant no later than December 14th. 3. Applicant will need to provide a completed Public Notice Information Form along with the proof of mailing and return receipts prior to the Director's Decision. 4. On December 29th, the Director of the Community Development Department will render a Decision to approve, approve with conditions or deny the application. 5. The Board of County Commissioners will be provided notice of the Director's decision and will have a 10 day call up period to request a public hearing. 6. lf the call up time period expires without a request for a hearing from the Board, or the Applicant, or an adjacent property owner, the decision will become final. 7 . Once all conditions of approval have been met the Land Use Change Permit will be signed and issued.L Following the Director's Decision, the Applicant will have one year to meet all conditions of approval unless an extension is requested. Please contact me if you have any questions regarding the scheduling and the public notice requirements. Thanks again for allyourwork on getting the Application submitted and complete. Sincerely, ,Ôru Glenn Hartmann Principal Planner ? PUBLIC NOTICE TAKE NOTICE that TEP Rocky Mountain LLC (Terra Energy Partners) has applied to the Community Development Department Director, Garfield County, State of Colorado, to request approval of a General Administrative Land Use Change Permit for Processing, associated with the Starkey Gulch Waste Management Facility - Drill Cuttings; in Garfield County; to-wit: Leqal Description: LEGAL DESCRIPTION TO BE INSERTED OR ATTACHED BY THE APPLICANT Practical otion: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, R96Wof the 6'n p.m.(Parcel No.2171-332-00-019) Description of Request: The Applicant is requesting approval for a Non-Commercial, Centralized Exploration and Production Waste Management Facilityfor 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. Materialwill be transported to the site by trucks on existing private roadways. The property is zoned Resource Lands - Gentle Slopes, Lower Valley Floor (RLGS) and the Applicant's Representative is Jeff Kirtland, Regulatory Lead. Vicinitv Map: VICINITY MAP TO BE ATTACHED BY THE APPLICANT All persons affected by the proposed Administrative Land Use Change Permit are invited to comment regarding the application. You may state your views by letter or you may call the Community Development Department at (970) 945-8212 regarding the application. The Director will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to approve, approve with conditions or deny the request. The application may be reviewed at the office of the Community Development Department located at 108 8th Street, Suite 401, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday. As our offices currently has restricted access, please call, email or contact ourwebpage for instructions on how to view the application online. The application can be viewed at the Community Development webpage and searching Applications under Review for File No. GAPA-1 1-20-8816. The Director will make a decision on this application on December 29, 2020. Any comments to be considered must be received prior to that date. Commu nity Development Department Garfield County LEGAL DESCRIPTION TO BE INSERTED BY THE APPLICANT TEP Rocþ MounrË¡n LLC tIovÊilber 2t¡2tl Le€al fÞscription for Parcel 2171-332{(H)1!t Townshio 6 South. Range 96 West 6t P.M. Section 27: Lot 13lswlasïltxl Section 28: Lot I {NW!{SE!{}, NEXSWX, LÊt I INW!{$i¿{}, Lot 10 fSWtaSWt¡}, Lot 11 {SEtlSW¡}, Lot 12 (SW:{SE]{}, Lot 13 {SEISE:{} Section 29: Lot 11{SEXSWI{}, SHSEX Section 32: NEÍ, E {NWl{ Lot5 {Nf!{SEl{} Section 33: Lot 1 {f{El{lìlE{}, tot 2 (NW,{ilEXI, tot 3 (}lEl{NWX}, W}lNlM{, SEftt¡W!{, SWr{NEt{, NXSWX, sEx Section il4: Lot 2 {NWXNìM{}, Lot 1g {NWKSIJ\r1(}, Lot 11 (SW!{SW!$ Ga rff eld County, Colorado Township 7South. flenee96W€5t 6ü P.M. Sest¡on 4 Lot 1 (¡¡E fIì¡E (l 6a rfr eld County, Colorado 1234+/- ecres VICINITY MAP TO BE INSERTED BY THE APPLICANT Legend O Slarkev Gulch cu/llF S¡te i t -! ,, ntu. "un", N Sta r key G u I c h Ce ntral i zed Wa ste Ma nagement F ac i I ity Vicinity Map October 28, 2020 '@ Ð - Existinq TEP Road Ex¡sl¡ng Pu¡rl¡c Road Parcel Ovrnershrp {from Garfreld Counly) s a 2,250 4,500 9,000fFeet I l\proJecls\PrceanæìGEnd Valleylslarkey culch CWMRMsit {2}Garfreld Cdnty LUC Dæume¡lsvicinrtyMap-llxd AÏankersley I 0/282020 2 38:47 PM GIenn Hartmann Sent: To: Cc: From Jeff Kirtland < JKirtland@terraep.com > Friday, December 4,2020 11:41 AM Glenn Hartmann Bryan Hotard lExternal] Starkey Gulch Land Use Change Permit address verification Glenn, Thanks for the conversation earlier today. Per our discussion please accept this email as verification that our required notices will be sent to the following recipients identified in our application in conformance with the county assessor data: - Caerus Oil and Gas - XTO - Bargath We will verify the addresses o.n the assessor website prior to the required mailing notice Thank you, Jeff Kirtland 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. Subject: 1 Glenn Hartmann From: Sent: To: Subject: Jeff Kirtland <J Kirtland@terraep.com > Wednesday, April T, 2021 7:47 AM Glenn Hartmann RE: [External] RE: Director's Decision Letter - Starkey Gulch Drill Cutting Processing Facility Glenn, Good morning, thank you for the email. I forwarded your questions to Mike Gardner in environmental for response, which are highlighted below. I have time between L:30-3:00 pm for a calltoday on my cell9T0-312-5643 Thank you, Jeff Kirtland Regulatory Lead TEP Rocky Mountain LLC (Terra Energy Partners LLC) From: G lenn Hartmann <ghartman n@ga rfield-county.com> Sent: Monday, April 5,202L 5:01PM To: Jeff Kirtla nd <J Kirtland@terraep.com> Subject: RE: IExternal] RE: Director's Decision Letter- Starkey Gulch DrillCutting Processing Facility HiJeff: Thanks very much for your responses to the Conditions. Outlined below is a quick summary of our review Condition #3: Your site plan updates satisfy this conditions. Condition #4: o The liner questions is well addressed in your supplement. . My understanding is that your reference to COGCC 915-1 Clean-Up Standard addresses the question of the use of Trenches #2 and #3 for Cutting associated with Oil-Based Drilling Fluids and other Oily and E&P Waste soils. Correct. I think we're saying the same thing: Trench #L = to be used for water based drill cutt¡ngs; Trench #2 = to be used for oil-based cuttings (when and if we even ever go that direction); and Trench #3 = to be used for oily wastes (mostly just contaminated.soils from small spills that require treatment to meet 91-5-1 cleanup sta nda rds. o Your description of how to cuttings will be managed to ensure that they are dry enough for placement was most helpful. ls there a measurable standard that you reference or use? No. There is no measurable standard for a target moisture content. Condition #5: The updated lnspection Plan addresses Condition #5 Condition #6: . My understanding is that references to calling 9-Lj- and/or the lncident Commander calling for activation of the BCT address the potential shut down of the facility. o The TEP Emergency Contact List should be double checked for updates. Please double check, Grand River Fire Protection, and County Environmental Health (Ted White 970-945-6614 x81-06 twhite@earfield-countv.com has taken over many of Morgan's responsibilities). While not relevant to the Parachute site some of the contacts for iit tÌf ¡li otherTowns m need Condition f7: Thanks for your confirmation which addresses the condition Condition #8: Thanks for your confirmation which addresses the condition I will plan on giving you a call later today or tomorrow to go over any final clarifications. I anticipate based on that phone conversation we should be good to move forward with getting you permit issued. I wlll also need to gêt you âny final billing and/or planner hours. Thanks again and l'll look forward to talking with you shortly. Glenn. Glenn Hartmann Principal Planner 97O-945-L377 xL57O G ha rtma n n@sarfield-countv.com 2 Memorandum To: Glenn Hartmann, Principal Planner- Garfield County From: Jeff Kirtland, Regulatory Lead - TEP Rocky Mountain LLC Date: March 15,202I ln response to the Decision Letter from the Garfield County Community Development Director (Ms. Sheryl Bower), dated Februa ry 1,2,2O2!, re: the Starkey Gulch Drill Cutting Facility (GAPA-11-20-8816) Administrative Land Use Change Permit, please see responses to Conditions Prior to lssuance for numbers 3-8 below: 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 forthe drill cuttings, internal vehìcle circulation and parking areas for equipment and employees, maximum height of stockpile areas and snow storage areas." Please see attached an updated site plan that identifies 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 bythe COGCC and not required based on the type of treatmentthe drillcuttings 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. 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." Lining of the pits is not required by COGCC or required based on the type of treatment for drill cutting based on: 1") 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 91"5-l- 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 required to mix, treat, and place the treated soils in the disposalcells. 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. Metaltracks on the excavators and metal teeth on excavator / loader buckets would easily puncture and compromise a synthetic liner. 3) 1058 COUN]Y ROAD 215, PARACIIUTE, CO 81635 T 97 0 -263 -27 3 6 C 97 0 -312-56 43 TEP has completed the installation ol4 ground water monitoring wells around the perimeter of the CWMF for the purposes of monltorlng any lmpacts to any shallow ground wäter 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. 5) To ensure that drill cuttings are sufficiently dry and suitable for processing at the CWMF, the following procedure will be followed: As drill cr-rttings are brought to the surface at the drilling rig, they are separated from the water-based bentonitic drilling mud by going through series of shakers which effectively separate the mud and water from the fresh cuttings. The drilling mud is captured and re- circulated into mud tanks where it is re-used in the drilling process. The cuttings come off the shaker assembly and are deposited into a large, heavy-duty, high- walled, steel bin. After being separated, the cuttings consist of rock chips and a small residual amount of drilling mud. Saw dust is added and blended into the cuttings inside the metal bins to reduce the moisture content of the material and to facilitate material handling. The cuttings are now suitable to be transported from the well location to the disposal facility. A front-end loader is used to remove cuttings from the large steel bins and place the material into a dump truck. The cuttings are trucked from the well pad to the Starkey Gulch CWMF where they are placed into the treatment cell pending additional treatment. At the treatment cell, clean native solls are mlxed with the processed cuttings to further reduce the moisture content and to prepare the cuttings for burial/ disposal and to facilitate compaction. The processed drill cuttings are sampled on multiple occasions to determine compliance with COGCC clea nup standa rds. Samples of the processed cuttings are sent to an accredited analytical laboratory for detailed compositiona I analyses. Lab results must indicate that the processed cuttings material comply with COGCC cleanup standards before the processed cuttings can be buried. 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." Please see attached an Updated lnspection plan, which addresses daily odor monitoring and inspections during operations. 6. "Prior to the issuance of the Land Use Change Permit, the Applicant shall provide documentation from the TEP Emergency Prcparedness Plan confirming that the plan includes proccdurcs for coordination with thc a a a a a a 2 Grand River Fire Protection District for Fire Protection, Emergency Response, wildfire response/mitigation, and emergency shut down procedures including current contact inforrnation." ln response to this request, the follow items are submitted (attached) as documentation of TEP's existing plans and procedures for coordinating with local Emergency Response Providers: a a a a TEP Emergency Response Program Plan. This document provides general procedures for Emergency Response incidents, roles and responsibilities, and working with Mutual Aid partners during undesired events. TEP Fire Prevention Program. This document provides basic procedures that employees are trained in for fire prevention and control. TEP Spill Response Plan. This document provides basic procedures that employees are trained in for implementing spill prevention and response actions. TEP Spill Response Plan, Appendix G: This document summarizes local agency contact notificatlon information to be used in the event of emergency spill and response actions. Local agencies include the Grand Valley Fire Protection District, the Colorado River Fire and Rescue District, the Debeque Fire Protection District, Meeker Volunteer Fire & Rescue, Town of Parachute, Battlement Mesa, Town of Silt, City of Rifle, Garfield County, Rio Blanco County, and BLM Colorado River Valley Field Office and the White River Field Office. TEP Emergency Contacts List: This document provides an up-to-date list of key contacts at TEP.a Further, as discussed in Section 2.5 Emergency Response of the Starkey Gulch Centralized Waste Management Facility Operating Plan, 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, storage tank batteries, oil storage, or otherflammable materials will be allowed at this location. ln addition, the Starkey Gulch CWMF location is largely void and free of any other naturally combustible materials (e.g., trees, shrubs, brush, and other vegetation). ln accordance with TEP's Weed Management and Control Program, weeds will be controlled at the location which will further reduce the potential risk of any wildfire originating from activities associated with this facility. ln summary, the Starkey Gulch CWMF location and the operations planned for this facility present an extremely low risk of causing any type of emergency response situation that would threaten human health or the environment. ln the event of some catastrophic event originating at the facility, the emergency response protocols and procedures 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. 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." -) The Starkey Gulch CWMF location is currently Òompliant with existing COGCC conditions of approval and reclamations requirements. As stated in the applicatiorr, tlre site wäs originally construc[ed [or use as a cutting disposal location and has since been in an interim reclamation status. COGCC recently approved a Form 2A (see attached) to amend the location for the new constrr¡ction proposed as a part of this application. The financial assurance for reclamation is covered under the Waste management Surety lD 2OI9-0I22 in the amount of $350,000. 8. "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 referralcomment letters daledt2/21,/20and1,/79/21,, including limitations on construction to outside of the t2/1 - 4/3 winter time period, excavated wildlife ramps and fencing." TEP will comply with the recommendations from CPW consultation and contained in the referral comment letters daled 12/2/20 and 1,h9/21,, including constructing the location outside the winter timing limitations between Dec. l- through April 3, and comply with wildlife ramps and fencing recommendations. Please contact me directly if you have any questions or concerns. I can be reached al970-263-2736 Thank you 4 Item 3: Site Plan â 1¿ å Ë È ¡ Construction Plan Prepared for: TEP Rocky Mountain LLCT FacilitgCentralized Waste Section 32 ?. 6 5., R. 96 W: t\ I Prdp. -tI rap 40 GRAPHIC SCALE IN FEET 1 lNcH = 80 FEET Sediment Cor #18 I / I I \ Land Farm - 200 cy (102'x54'x 1'd) Proposed Diversion Ditch Approx. Limit of Disturbance ^oá\ \ \ \ )Range Fence -' ':X * \..- -,/ i Exist. Culvert c,oil ø!,.þo DitchEx¡st. Proposed Diversion Ditch / z1 '>,/ Exist. Limit of Disturbance ø/4n8) )..,/Road RO' 5% '//z ¡-1ç- 7l-11-71-1- ^.-)f:1r- )r 1l-" Notes: 1) Approximate height of Temporary Cuttings Stockpile is 1 0' 2) Approximate height of Snow Storage Area is 5' Surface Roughening =@* 6/ 21 1 tValleu Item 5: lnspection Plan Inspection Plan for Starkey Gulch Centralized Waste Management Facility 1,0 lnspections To ensure that the Starkey Gulch C\NMF is performing as designed and is operated in compliance with COGCC rule 907.8(8)D, the facility will be inspected for the following items at the specified frequency: INSPECTION ITEM FREQUENCY Fencing/Gates/Locks Housekeeping Monthly Monthly Berm lntegrity Monthly Wildlife Activity lnside Facility Daily during active drilling operations Excessive / Nuisance Odors Daily during active drilling operations 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 Quarterly 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. 2.0 Maintenance Maintenance and day-to-day operations of the Starkey Gulch CWMF will be the responsibility of the TEP Construction Superintendent. Primary maintenance activities willconsist 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. o 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 a 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' 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 biologicaltreatment 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. lf 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. 3.0 Environmental Monitorinq . Groundwater: To comply with COGCC Rule 907.b.(9), TEP has completed installation 1 up- gradient, 1 cross-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 quarterly. The sampling results will be maintained at TEP's Parachute Field Office and will be provided to COGCC upon request. Item 6: TEP Emergency Response Plan TEP Fire Prevention Program TEP Spill Response Plan TEP Sill Response Plan, Appendix G TEP Emergency Contacts List TER-*-R Program Emergency Response Program Emergency Response Program 1.0 Purpose/Scope Terra Energy Partners stríves to take preventative actions so that we have safe working conditions for everyone while proteding the environment, public safety and company assets. History has shown that companies, whích anticipate hazards and events, and regularly exercise a plan for dealing with them, perform at a higher level during such an event and are more successful in handling an emergency. 2.0 Definitions No definitions specified. 3.0 General Requirements ¡ Terra recommends that the Emergency Response One Plan program and associated templates be used by all company locations. o Each location will develop a site-specific Emergency Response Plan and obtain the appropriate level of approval upon completion. r Each location will review its Emergency Response Plan on an annual basis. r Terra personnel will be trained on the Emergency Response Plan lnitially and periodícally as needed. 4.0 Key Responsibilities o The operating supervisor, safety representative, and environmental coordinator shall coordinate the preparation and implementation of Emergency Response Plans where needed for each facility. o The operating supervisor (lncident Commander) and safety representative wíll determine if a situation is to be defined as a crisis (emergency) calling for activation of the Houston Business Crisis Team (BCT) and implementation of the Houston Business Crisis Plan. o The operating supervisor at each location is responsible for initiating periodic drills to assure understanding and provide evaluation of the plan's effectiveness. 5.0 Procedural Requirements 5.1 General 5.1.1 The ERP shall be prepared with the thought that the "First Aware" at the location/incident may have to handle the emergency alone. Created: 07-01-2016 Updated: 07-01-2016 Property of Terra Enerty Partners, LLC May Not Be Reproduced without Permission Paper copies are uncontrolled. This copy ¡s valid only at the t¡me of printing Page 1 of4 Version:1 TER Program Emergency Response Program ENËRGY PARINFRg Created: O7-0!-2OL6 Updated: 07-01-2016 Mutual aid is of great benefit, but it may not be available when needed. 5.L.2 The framework of the emergency organízation shall be based on the lncident Command Structure utilizing available personnel from existing operations (departments and functions). 5.1.3 Each basin/location/operat¡ons center should have a trained individual or individuals responsible for making statements to the public, These individuals will follow the guidelines as established in the Terra Media Relations Guide as published by the (Government and Public Affairs group), and the Houston Headquarters Business Crisis Plan. 5.L.4 Each basin/location/operations center must maintain an ERP for use and implementation in case of an emergency. All Terra and contractor personnel must be trained as applicable in the facility's ERP. 5.1.5 lt is recommended that the basin/location/operations center conduct a minimum of one full scale drill every three years and a functiqnal or table top drill every year. Responses to actual incidents do satisfy these requirements. Please see Emergency Response Drill Procedure for more information about drilltypes. (lt is recommended that drills contain an environmental component when possible.) 5.1.6 Facilities covered under OSHA CFR 29 1910.119(n) must include procedures in their plan for handling small releases. 5.L.7 Each basin/location/operations center having an ERP must ensure that the ERP links into or takes into consideration other applicable plans affecting the facility, (i.e. Risk Management Plan, H25 Contingency Plans, other applicable regulatory plans). 5.2 Guidelines and Strategies 5.2.L ERP must be clear, concise, well organized, and maintained in a current state of readiness to maximize potential benefits. lMPs should be reviewed and updated annually. 5.2.2 One key to effective and efficient emergency/contingency planning is to conduct appropriate risk assessments to identify those "critical few" or "worst case" scenarios which could have the greatest potential for loss. This will ensure that the plans themselves, along with the preparations enable responders to meet the challenge. Property ofTerra Energy Partners, LLC May Not Be Reproduced Without Permission Päper coples âre uncontrôlled. This copy is valid only at the t¡me of pr¡nt¡ng Page 2 oî 4 Version:1 TER Program Emergency Response Progra m 5.2.3 Each basin/location/operations center shall coordinate the preparatíon and implementation of the ERP to meet the requirements orthe "rÏ,l,.jJ;.ii:ilffi::,':i: actions or key personner o Emergency response and evaluation (Critique) : :äi.îä;äiï* : ::ï:::ïl'.îlil"å'u,,","n* ¡ Public and media relations 5.2.4 The following generic analysis checklist will help locations strengthen or develop their own preparedness/planning for emergency situations. '"ï' iii{äh+;Íffitil ..,,, n ca, .n sys,e ms ¡ Emergency equipment and facilities ¡ Assessment of capabilities : :,ï:i::,'"i:'i:i,ixï" preparedness 5.3 MutualAid 5.3.1 lt is advantageous for each location/basin/operations center to define and implement their own mutual aid agreements and plans, if the ''.,:''î;ïili::'JïïÏ:l;ïi:,iï,i:::"",î;Ji,:,i;,," mutual aid partners of the undesired event. To identify the responsibilities and capabilities of each mutual aid partner, To review the plan with mutual aid agencies to ensure compliance through understanding. o To conduct simulations of potential emergency scenarios to strengths and weaknesses of the plan and associated activities. Simulations also serve to familiarize participants with pertinent procedures and activities. ÉNERGY PAATNERS 07-01-2016 07-ot-2076 Created: Updated Property of Terra Energy Partners, LLC May Not Be Reproduced Without Permiss¡on Paper copies are uncontrolled. This copy is valid only at the time of printing Page 3 of 4 Version: 1 TE Program Emergency Response Program Page 4 o1 4 ENËT<GY PAR I NER5 5.3.2 The followíng lmplementation Steps can lead to a useful, effective and integrated mutual aid plan. Some potential mutual aid partners will have emergency plans in place and it will require little effort to complete some of these steps. ln those cases, a review of their plan associated with each step is necessary to assure that it is complete and usable. For example, a well-written plan may exist, but training may be weak or there may be no provision for testing the plan. ln other cases, significant effort will be required to complete each step. Mutual Aid lmplementation steps are: o ldentify mutual aid partners and establish their roles, resources, concerns, and relationships, ¡ Establish a coordinating group. r Evaluate risks and hazards that may result in the need for a coordinated response. o Have participants review their own emergency/contingency plan for adequacy relative to a coordinated response. ¡ ldentify the required response tasks, which are currently not covered by existing plans. o Match the tasks with the resources available from identified mutual aid partners. o Make changes necessary to improve existing plans, integrated them into overall mutual aid plan, and gain agreement and necessary approvals. ¡ Educate participating individuals and groups about the integrated plan and assure that all mutual aid responders are qualified. o Establish procedures for annual testing, review and updating of the plan. r Educate the general community about the integrated mutual aid plan and the local emergency planning committee (LEPC). 5.4 Terra corporate shall be contacted for assistance when developing ERP. 6.0 key DocumentsÆools/References 6.1 Occupational Safety and Health Administration, Department of Labor; 29 CFR 1910.38, 1910.119, L9LO.LZO, and 1910.165. Property ofTerra Energy Partners, LLC May Not Be Reproduced Without Perm¡ssion Paper copÍes are uncontrolled. This copy is valid only at the tim€ of printing Created: 07-01-2016 updated: 07-oL-2o76 Version: 1 Program Fire Prevention Program FIRE PREVENTION & SAFEW PROGRAM Purpose This program is designed to keep employees safe by educating and training them about fire prevention and control. The program applies to all Terra personnel working at Terra locations and sites. Related Documents 29 CFR 1910.1-57 Portable Fire Extinguisher Equipment & Materials ABC and/or BC - typefireextinguisher. A properlyworking and calibrated (Multi-Gas) monitor where applicable. PPE Sta ndard Personal Protective Eq uipment (PPE). Effective Date 07-01-2016 Revised TERMS AND DEFINITIONS ABC-type Fire Extinguisher a A multipurpose dry chemical fire extinguisher ROLES AN D RESPONSIBITITI ES Employee Supervisor and HSE Manager or Designee Follow all the procedures and appropriate actions listed in this program. Conduct periodic inspections of fire extinguishers. Provide training and proper equipment to employees for fire prevention and control. srEPs /AciloNsTASKS A. Key Po¡nts B. Fire Hazard Awareness Created: Updated: 07-01-2016 07-ot-2016 L. lf a fire is beyond the incipient stage, evacuate the area and call 911 or the emergency assistance number in yourarea. 2. Fire extinguishers must be regularly checked, tested, and serviced. 3. No smoking or open flame is permitted within 100 feet of the well. 1. Sources of fire at typical oil and gas well servicing operations include: a. Smoking or open flames on location. b. Weeds, trash, and debris located near ignition sources. c. Flow back from wells. d. Crude oil and natural gas produced and stored at wells and tank batteries. e. Hot work. f. Electrical ignition sources (e.g., static, lighting, arcing, lightning, etc.) g. Flammable treatment chemicals. Property of Terra Energy Partners LLc. May Not Be Reproduced Without Perm¡ssion Paper copies are uncontrolled. This copy is valid only at the time of printing Page 1 of 4 Version: 1 TER".R Program Fire Prevention Program C, Perform Housekeeping and Safe Work Practices D. Perform Fire Prevention in Drilling, Production, and Servicing E, Report Fireand Response Created: 1. Company facilities and worksites shall be maintained in such a manner to prevent the likelihood of fires. Examples of good housekeeping are: a. Clear tall grass and weeds around buildings, compressors, dehys, or other compa ny facilities. b. Do not let cardboard, paper, or other combustible materials accumulate on site. c. Do not accumulate oily or solvent-soaked rags; these should be stored in a metal safety can that is properly disposed of in compliance with regulatory requirements. d. All flammable chemicals must be stored in approved containers or in flammable-safety cabinets. e. Follow the procedures in the Electrical Safety Program. f. Always use a Hot Work Permit in hazardous locations. g. Smoking is not permitted at company facilities, except in designated areas. 1. .Company employees and contractors shall observe the following fire prevention rules: a. Company field personnel will visit facilities regularly. Unsafe or potentially unsafe conditions will be corrected and reported immediately to the area foreman or Health and Safety Department. The Workplace Hazard Assessment Form (Appendix A) can be used to document these issues. b. lf the location has a lot of tallgrass, weeds, and otherflammable material, clear the site before starting work. c. No smoking is allowed within the rig guy lines, or within 100 feetof the well. d. Keep vehicles not involved in drilling production, or well servicing at least 100 feet away, or the height of the derrick - whichever is greater - from the well bore. e. Be sure grounding straps are installed where necessary to prevent static electricity build u p. f. Before starting operations, the operator shall check the well's pressure and take appropríate steps to remove pressure oroperate safely under pressure before beginning work. 1. lf a fire is beyond the ¡ncipient stag, evacuate the area and call 911- or the emergency assistance number in your area. 2. ln case of large fire, callemergency numbers (911) ímmediately and notify Terra Energy Partners management. Remember: a. See Table 1 for reminders when calling 911. 07-01-2016 07-01-2016 Property of Terra Energy Pãrtners LLC. May Not Be Reproduced Wlthout Permlsslon Paper copies are uncontrolled. This copy is valid only at the time of printing Page 2 of 4 Updated:Verslon: 1 Program Fire Prevention Program Table 7: Reminders Cølls Stcp Actlon 1 Speak clearly and slowly 2 Give the location and directions from the nearest county roads. lf possible, provide GPS. 3 Describe the extent of the fire. 4 Wait forquestions. 5 Evacuate the immediate area, if necessary. 3. lf safe to do, use a portable fire extinguisher and shovel to extinguish the fire, using the guidelines shown in Table 2: Tøble 2: Extinguishing FÍres 1. Vehicles must be equipped with a portable ABC-type fire extinguisherfor use in fighting smallfires. Fire extinguishers shall: a. Meet the requirements of OSHA 29 CFR L9LO.757 ' b. Be checked at least monthly and documented on the vehicle inspection form and/or have the tag updated. F. UseFireExtinguishers Created:07-oL-2016 07-0r-2016 Property of Terra Energy Partners LLC. May Not Be Reproduced W¡thout Perm¡ssion Paper copies are uncontrolled. This copy is valid only at the time of printing Page 3 of 4 Version: 1 Do Don't Stand 6 to 10 feet from theflame Turn your back on or move intothe burned area even though theflames appear to be extinguished as the flames can easilyre-ignite Wear flame-resistantclothing Be a hero - equipment andmachines can be replaced; peoplecannot Hold the ext¡ngu¡sherupright Use water on electricalfires Stay low to avoid the smoke Use the fire extinguisher at distances less than 6 feet or more than 10 feet from the flames P - Pull the Pin A - Aim at the base of thefire S - Squeeze the handle S - Sweep from side toside Use more than one extinguisher Move forward as theflames diminish to reach the far edge of the flames Continue to fight the fire even if you experience symptoms of exposure Shovel dirt or sand on the extinguished area Put a used fire extinguisherback without recharging and inspection Report allfíres to your supervisor Updated: TEß_---ml Program Fire Prevention Program c. Be hydrostatically tested and certified at the appropriate interval shown in OSHA 29 CFR 1910.157(fX3)Table L-1, depending onthe type and construction, d. Be hydrostatically tested and certified whenever they show new evidence of corrosion or mechanical injury. e. Extinguisher shells, cylinders, or cartridges that fail a hydrostatic pressure test, or that are not fit for testing, shall be removed from service and from the workplace. f. Be promptly serviced if used, even if for just a short time. g. Be promptly serviced if the pressure is outside the acceptable range. TRAINING Terra Energy provides annual fire prevention and awareness trainingto prevent fires and reduce fire-related injuries and losses. Training includes: o How to recognize fire hazards o How to reduce potential fire hazards o Types of fires o Reporting fires and explosions o Fire extinguisher use o Knowledge of when a fire extinguisher must be checked and/or serviced o When not to fight a fire RECORDS RETENTION Appropriate records will be maintained by the Health and Safety Department. ADMINISTRATIVE IN FORMATION The Company has the right to interpret, modify, terminøte or revise this informøtion in whole or inpart without notice. Cha Created: Updäted 07-01-2016 07-ot-20L6 Property ofTerra Energy partners LLC,,. May Not Be Reproduced Without Permission Paper copies are uncontrolled. Thís copy is valid only at the t¡me of printing Page: 4 of 4 Version: 1 TER Piceance Basin SPILL PREVENTION ANI) RESPONSE PLAI{ ENERGY PARTNERS October 2019 TEP Rocky Mountain, LLC PO Box 370 Parachute, CO 81635 Table of Contents I. II. m. IV. A. V. Spill Prevention and Response Polioy ,) Purpose and Scope Plan Applicability ......... Spill/Release Prevention ........................ Standard Prevention and Training.......... Spill Management A. Discovery B. Containment................. C. Notifìcation (TEP/Contractors)............... D. Response E. VerbalNotification........ F. WrittenReporting.......... VL vu. Training.... Spill /Release Costs and Invoicing I a 4 4 5 5 5 6 7 9 9 .10 .11 .l I TEffi Spill Response Plan October 2019 Appendices Appendix A Emergency Response Control Valve Operation and Notification Procedures Appendix B-L Spill Notification Flowchart for E&P Waste Appendix B-2 Spill Notification Flowchart for Non-E&P Waste Appendix C TEP Emergency Contact Card Appendix D-l Containment Appendix D-2 Spill Response Station Locations Appendix D-3 Spill Response Station Inventory Appendix E Environmental Incident Investigation Form Appendix F-l Federal, State, and County Verbal Notification Requirements Appendix F-2 Federal and State Written Reporting Requirements Appendix G Agencies Contact Information Appendix H-l COGCC Spill Reporting Requirements Appendix H-2 Garfield County Spill Reporting Requirements Appendix H-3 CDPFIE Spill Reporting Requirements I TEffi Spill Response Plan October 2019 I. Spill Prevention and Response Policy It is the policy of TEP Rocky Mountain, LLC (TEP) that its employees and contractors implement spill prevention and response plans in order to avoid and minimize the potential for spills and releases in the exploration and development of natural gas leases, in accordance with federal and state regulations. This includes, but is not limited to the development and implementation of Best Management Practices (BMPs), training, and other actions that prevent and take action to manage spills and releases on federal, state or private properties that are leased, managed, owned, or otherwise used by TEP. IL Purpose and Scope The purpose of this plan is to provide clear, comprehensive guidance and expectations for TEP employees and its contractors to prevent, mitigate, and manage spills and releases. This includes spill/release prevention, discovery, notifications, response actions, reporting, and subsequent remediation actions (as applicable). TEP management and employees supervising natural gas exploration and development field activities, including contractor activities, are expected to have a working knowledge of this plan, particularly the chain of command for notifrcation and reporting of spills and releases. Contractors are required to develop and implement their own spill prevention and response plans tailored to the scope of activities as described in their Master Service Agreeurent (MSA) and Request for Services (RFS), and assure their plan complies with the guidance and expectations set forth in the TEP Spill Prevention and Response plan. TEP contractors are fully rcsponsiblc for thcir spills and rclcascs, and those of their subcontractors, in accordance with their (MSA). In the event of a contractor spill, TEP rrsponsibilities are limited to ensuling that contractors cornply with applicable federal ancl statc rcgulations and guidance (including safety). Corrective actions will be implemented to avoid the potential for future spills. 2 TEffi Spill Response Plan October 2019 III. Plan Applicability This plan is applicable to all aspects of TEP exploration and development operations including, but not limited to, drilling, completion, production, and pipeline operations. It is specifically applicable to any vehicles, facilities, and equipment that useo store, transport, dispose, or otherwise handle or manage chemicals (MSDS-regulated chemicals), hazardous materials, E&P wastes (drilling muds, produced water, condensate), domestic wastes (septic holding tanks), hazardous wastes, extremely hazardous substances, or any other Federal or state regulated substance or waste. Federal and State Spill Prevention ønd Manøgement Regulations Despite implementation of pollution prevention practices and BMPs, spills may still occur. In the event of a spill, regulations for spill management can be found in several Federal and state regulations, including but not limited to the following: 40 CFR ll2 part 112 SPCC (CERCLA);40 CFR part 305 andpart3}T C. Colorado state requirements for spills and releases are contained in the following regulations: Garfreld County requirements for spills and releases are contained in the Source Water Protection Plan, Garfield County, CO January 2013. a -) TER FNFRGY PAR'TNERS Spill Response Plan October 2019 IV. SpitURelease Prevention TEP's first and foremost priority is that it's employees and contractors take all reasonable measures and implement BMPs to prevent both stationary and transportation- related spills and releases from occurring. Measures and BMPs include, but are not limited to the following: A. Standard Prevention and Training required to avoid potential spill situations such as: . Checking for open or secured valves prior to, during and after loading/unloading operations . Monitoring tank levels (don't rely on alarms) . Building berms around loading/unloading areas . Providing portable spill basins during fluid transfers ' Checking equipment (tanks, hoses, valves) for deterioration and leaks . Servicing vehicles/equipment (oil changes, lubrication) responsibly ¡ Maintaining vehicles to avoid accidents resulting in spills . Being aware of surroundings when backing or moving vehicles ¡ Ensuring stable ground when placing equipment, tanks and pipelines potential spill situations. equipment (i.e., emergency response control valves / gates) that have been strategically installed at critical drainage collection and control points in Wheeler Gulch, Cottonwood Gulch, and the Beaver Creek area. Personnel required to be trained in the operation of this equipment will include TEP operations / fìeld personnel and certain contractor personnel. Procedures for operating the Wheeler Gulch, Cottonwood Gulch, and Beaver Creek emergency response control valves are located in Appendix A. 4 TEffi Spill Response PIan October 2019 V. Spill Management For purposes of this plan, spill response and management addresses the major steps listed below. A flowchart illustrating an overall view of how the TEP spill response and notification process operates is included in Appendix B. A. Discovery Discovery includes either actual or potential spills/releases, and in some cases situations that are not a spill or release, but someone has reported it as such. In any event, it is important to confirm that an actual or potential spill situation has occurred before implementing spill response. If in doubt, contact the appropriate spill response personnel as listed in Appendix C for assistance prior to implementing this plan. B. Containment Containment, for purposes of this plan, means stopping the source of the spill and preventing the spill or release from increasing in volume, size or duration. The person/persons who discover the spill should attempt to contain the spill only if safe to do so. Under no circumstances should field personnel attempt to manage an unknown spill or situation without adequate training, personal protective equipment (PPE) or without exercising extreme caution. If there is no immediate threat to human healtho safety or the environment, and you are convinced that the spill can be safely contained then personnel can: 5 IF A SPILL OR RELEASE PRT,SENTS AN IMMEDIATE THRT,AT TO HUMAN HEALTH, SAFETY, OR ENVIRONMENT, AND EVOLVES INTO, OR IS ALR.EADY AN EMERGENCY SITUATION, CALL THE TEP SPILL REPORTTNG HOTLINE (970-683-229s) OR SPrLL RESPONSB COORDTNATOR (MIKE GARDNER AT 970-623-487s) TMMEDTATELY AND MOVE A\ilAY FROM THE RELEASE. DO NOT ATTEMPT TO CONTAIN THE SPILL IF UNSAFE TO DO SO TEffi Spill Response Plan October 2019 ditches, making berms, etc.) as appropriate to minimize spilled materials from sprcading, and reaching water ways or other water resourccs Spill containment options and materials used may vary depending upon the media affected. See Appendix D for spill response station locations, containment options, and materials that can be utilized. C. Notification (TEP/Contractors) The person discovering the spill must make initial notifications in accordance with Appendix C. When making the initial notifications, the information outlined in Appendix C must be provided. l. Anv snill of E&P waste (produced water, condensate, drilling mud) equal or greater than I barrel and {ny Jplllof non-E&P waste (Diesel fuel, motor oil) equal or greater than 5 gallons needs to be reported to the TEP Spill Response Hotline (970-683-2295) or to the TEP Spill Response Coordinator (Mike Gardner at 970-623-4875) in order to provide the due diligence requirements set forth in Section 3162.5-l of the Code of Federal Regulations. 2. Anv spill of E&P or non-E&P waste that has migrated off-site needs to be reported to your immediate Supervisor and the TEP Spill Response Coordinator Immediately. URGENT NOTIFICATION REQUIRT,MENT* l'or any spill/release that migrates ofT the pad and reaches live water, has the potential to reach live water, or reaches a drainage that directly flows to live water, immediately notify the TEP Field Lead / Operational Supervisor and the'l'EP Spill Response Coordinator Immediately. (See Appendix C) 6 TEffi Spill Response Plan October 2019 D. Response TEP Spills (i.e., "Company Spills") A "company spill" is any spill / release for which TEP personnel or equipment were directly responsible for causing the spill or release. Examples include: Production equipment / pipeline failures, leaking pits, inadequate secondary containment, TEP personnel error, etc. For spills in which TEP is the responsible party, the appropriate response actions will be determined by one (or a combination) of the following TEP designated personnel as outlined in Appendix C: TEP will perform the following response actions: l) Receive confirmation of containment actions 2) Direct further response actions as needed using approved spill response contractors 3) Investigate and document the incident as appropriate (e.g., Environmental Incident Investigation Form - Appendix E) 4) Perform required Federal, state, and local agency notifications if required (Appendix F) 5) Coordinate with the TEP Land Department to ensure that the property/surface owner is also notified in a timely manner 6) Report the status of individual spills on the weekly Spill Tracking Report which will be placed on a share drive and available to interested parties Contractor Spills A "contractor spill" is any spill / release that was directly caused by actions of the Contractor, or equipment belonging to the Contractor. Examples include: Failure to close valves, overfilling a truck, using faulty / defective equipment, frac or drilling fluid spills, etc. With respect to notification and reporting responsibilities, if a oocontractor spill" occurs on a TEP location / property, or involves an off-site spill of product/waste that legally belongs to TEP at the time of the spill (e.g., produced water), the Contractor will immediately notifu the TEP Spill Response Coordinator and the TEP Operations Manager (or designee), and TEP will be responsible for reporting / notifying the 7 TEffi Spill Response Plan October 2019 appropriate regulatory agencics as outlincd in Appendix F. All othcr contractor spills are to be reported, remediated, and managed by the Controctor. Contractors with a valid MSA are [!!y responsible for their spills. This includes all costs associated with rcsponding to, containmcnt, rcmcdiation, wastc management and disposal, and implementation of corrective actions necessary to minimize the potential for future spills. Contractors will be responsible for the following items if it is determined that they are the responsible party in the event of a spill or release: the spill. The contractor's representative will be in a supervisory role and will contact the TEP Spill Response Coordinator: l. The contractor responsible will schedule a meeting with the TEP Spill' Response Coordinator within 24 hours of the spill. 2. The contractor will provide a spill investigation report which contains a summary, root cause(s), and timeline of the incident, employees involved, response actions taken, regulatory notifications made, impacts (i.e., soil, surface water, ground water, etc.) resulting from the incident, and conective measures to be implemented. 3. The contractor will be informed that the person or persons responsible for the release will attend the next available spill prevention training. In the event the spill occurs on a TEP lease or property, TEP's Spill Response Coordinator will still provide oversight on TEP's behalf to assure the spill has been managed correctly and there are no repercussions to TEP as a result of the spill or release, if. Contractor spill, response actions will be conducted in accordance with the Contractor's Spill Prevention and Response Plan. Contractors are required to include and maintain a current listing of all chemicals, substances and wastes used in their operations (as well as the applicabte MSDS sheets) in their Spill Prevention and Response Plan. 8 TEffi Spill Response Plan October 2019 E. Verbal Notification Verbal reporting requirements to Federal, state, and local agencies for spill notification purposes,are based on two criteria: 1. The type and volume of material spilled; and 2. Affected environmental media (i.e. soil, water) These materials are further sub-divided into two categories: 1. Exploration and Production Waste (E&P Waste) such as produced water, condensate, or any other material that has been down hole; and 2. Non-E&P Waste such as fuels and oils. This would include materials such as diesel fuel, hydraulic oil, motor oil, glycol, corrosion inhibitor, etc. The most common materials encountered when responding to spills and the associated notification volumes are outlined in Appendix F-l. For materials that are not listed in Appendix F-1, the TEP Spill Response Coordinator must be consulted to determine if it is an E&P or Non-E&P waste, and to make the appropriate notification if the reportable quantity is exceeded. Contact information for federal, state, and local agencies is outlined in Appendix G. In order to provide further due diligence, TEP has notification requirements for spills, both company and contractor, with volumes that are less than the federal and state requirements. These notification requirements are in place to satis$ environmental obligations that the operator must comply with. These are set forth in Title 43 of the Code of Federal Regulations. Specifrcally, they are found in Chapter II, Part 3160, subpart 3162, Section 3162.5-l Environmental Obligations. These are outlined in Appendix F-l. F. Written Reporting Federal and State wriffen reporting requirements for spills are based on: l. The type and volume of material spilled; and 2. Affected environmental media (i.e. soil, water) 9 *URGENT NOTIFICATION REQUIREMENT* For any spill/release that migrates off the pad and has the potential to reach surface water or groundwater, or affects a drainage that flows to surface water; notify the appropriate TEP Environmental Team Lead Immediatelv. (See Appendix C) TEffi Spill Response Plan October 2019 These materials are further sub-divided into two categories: 1. Exploration and Production Waste (E&P Waste) such as produced water, condensate, or any other material that has been down hole and; 2. Non-E&P Waste such as fuels and oils. This would include materials such as diesel fuel, hydraulic oil, motor oil, and glycol. Snills or releases E&P wasfesl within secondarv containment structures: steel or earthen. lined or unlined are reportable if thev exceed 5 barrels. The most common materials encountered when responding to spills and the associated written reporting volumes are outlined in Appendix F-2. For Non E&P wastes and other hazardous substances that are not listed in Appendix F-2, the MSDS sheet for the material spilled must be consulted, and the quantity of the hazardous / regulated substances calculated based upon the total spill amount and the composition of material spilled. Once a quantity for the hazardous/regulated substance has been calculated, it is compared to the list of Reportable Quantities (RQ) for Hazardous substance as required by CDPHE, and as found at 40 CFR 302. Any release of a hazardous substance in excess of its respective RQ is reportable to various State and Federal agencies; contact information for these agencies is provided in Appendix G. In the event that a spill or release results in signifrcant damage to equipment, a COGCC Accident Report (Form 22)will be submitted to the COGCC by TEP's safety department within 10 days of the incident. G. Remediation In some instances, remediation may be required when a spill occurs. Whether or not a spill requires remediation is dependent on the contaminant concentrations and applicable Federal and/or state cleanup requirements. Any wastes (both E&P and Non E&P) generated as a result of remedial actions conducted pursuant to a spill / release event, will be managed and disposed of in accordance with the TEP Waste Management Plan URG ENT NOTIF"ICATION REQUIREMENT* For any spill/release that rnigrates off the pad and has the potential to reach surf¿ce water or groundwatero or affects a drainage that flows to surf¿ce water; notify the appropriate TEP Spill Response Coordinator Immediately. (See Appendix C) 10 TER ENERGY PARTNERS Spill Response Plan October 2019 VI. Training It is strongly recommended that all TEP operations and field staff, and contractor personnel complete the TEP Spill Prevention, Response, and Awareness Training on an annual basis. It is recommended that TEP and contractor personnel performing field response and remediation activities complete the 24-Hour HAZWOPER course and annual refresher courses. As stated in Section IV, training for new TEP personnel and contractors will be offered on at least a quarterly basis or more frequently as needed. This can be arranged through the TEP Spill Response Coordinator. Documentation that your employees have completed the necessary training will be provided. VII. Spill /Release Costs and Invoicing All company spills must be billed to the appropriate project charge code regardless of where the spill actually occurred. For contractor spills, all costs are the responsibility of the contractor causing the spill. This includes all spill response, cleanupo and waste disposal costs that may be associated with that spill/ release. TEP will not accept invoices from third parties for contractor spills. n Appendix G Agencies Contact Information Reportable Quantities for E&P waste . 1 bbl outside containment. 5 bbls inside or outside containment o Any amount that impacts or threatens to impact any surface water supply area Spill Notifications . COGCC-all reportablespills-verballywithin 24hrs orinitial Form l9within the24 hrs. if the initial notification was done verbally then initial form 19 needs to be submitted within 72hrs. the final form 19 is due 10 days after discovery . Appropriate fire district - all reportable spills. Email notification, unless an emergency, then call 911. CDPHE - all spills that impact or threaten to impact any surface water supply areas . Water intakes & town/city officials - all reportable spills inside the 317b areas and drinking water supply areas (email) . County - email notification to Kirby on all reportable spills . Landowner notification - all reportable spills r NRC - only spills that got into life water (after legal consultation ONLY) . 911 - life threatening situations and real emergencies ONLY Federal Contact Information National Response Center r-800-424-8802 BLM Colorado River Valley Field Office Jim Byers Natural Resource Specialist o (970) 876 90s6 c (970) 319 2532 email: ibyers@blm.eov BLM White River Field Office Justin Wilson Petroleum Engineer Technician o (970) 878 382s c (970) 942 704r email: irwilson@blm. gov State Contact Information COGCC Alex Fischer Environmental Supervisor o (303) 8942100 x5138 c (303) 9t2 6006 email : alex.fi scherØstate.co.us CDPHE Spill Report Hot Line l 877 518 s608 Water Quality Control Division (303) 692 3s00 County Contact Information Garfield County: Kirby Wynn Oil and Gas Liaison o (970) 625 s90s c (970) 987 2ss7 email : kwynn@ garfi eld-county.com Morgan Hill Environmental Health Specialist o (970) 625 5200, ext. 8106 c (970) 379 3826 email: mhill@earfield-county.com Rio Blanco County: Lannie Massey Natural Resource Specialist o:970 878 9586 c: email : Lannie.Massey@co.rio-blanco.co.us S h eri ff Anthony Mazzola o: 970-878-9600 email: so@,rbc.us Local Contact Information Grand Valley Fire Protection District Shift Captain (970) 98s 8e7s David Blair Fire Chief o (970) 28s 9rt9 c (970) 250 9851 email : fi rechief@ svfpd.ors Robert Ferguson Deputy Fire Chief o (970) 28s 9rr9 c (970) 210 3263 email: opschief@evfpd.ore Anthony Rowe Division ChieflTraining Officer o (970) 28s 9tr9 c (970) 2t6 8335 email: training@gvfpd.org Colorado River X'ire Rescue Emergency Dispatch (e70) 625 80e5 Chad Harris Deputy Fire Chief o (970) 625 1243 ext25 c (970) 379 968r email : chad.harris@crfr.us Orrin Moon Fire Marshal o (970) 62s t243 c (970) 379 2932 email: orrin.moon@crfr.us DeBeque Fire Protection District (Trail Ridge) Nick Marx Fire Chief o (970) 283 8632 c (970) 216 330s email: nimrx@)rahoo.com Meeker Volunteer Fire & Rescue (Ryan Gulch) Steve Allen Fire Chief o (970) 824 1682 c (970) 7s6 0990 email : sallen@meekerrescue.com Town of Parachute Stuart McArthur Town Administrator o (970) 28s 7630 email : stuartmclÐparachutecolorado.com Mark King Public Works Director (Water Intake notifications) o (970) 285 7630 a (970) 986 r82r em a i I : qt kine@ffi"9b:il,e*dçr¡dqpam Battlement Mesa Steve Rippy District Manager o (970) 285 9050 c (970) 987 t333 email: srinnvØacsol.net Roger Bulla Superintendent o (970) 28s 7000 c (970) 433 2862 email: rbulla@cdmsinc.net silt Jack Castle Utilities Director o (970) 876 0460 c (970) 989 0041 email: iackc@townofsilt.org Jerry Pace o (970) 87623s3 Pam Woods Town Administrator o (970) 87623s3 email : administrator@townofsilt.ore Rifle Rick Barth Public Works o (970) 66s-6ss9 email: rbarth@rifl eco.ors Robert Burns Water Treatment Plant Supervisor (970) 66s-6s99 rburns@rifleco.org TEP Emergency Contacts List (Updated: 03/15/21) Name Title/Position Cell# Operafions Management - Houston Gorporate Office BJ Reynolds Vice President of Operations (832) 589-904e Mark Mewshaw Drilling and Completions Manager (304) 612-7844 Wes Hobbs Production Manager (832) 980-8680 Sixto Mendez Facilities Engineer (832).726-1148 Operation Management - Parachute Field Office Brad Moss District Production Manager (970) 987-1737 Eric DeKam Production Superintendent and Construction (970) 948-4303 Brandon Baker Production Superintendent (970) 260-8361 Brad Kesler Production Supervisor - Water Management Facilities (970) 216-8703 Lynn Cass Drilling Superintendent (970) 755-0083 Kyle Kohl Completions Superintendent (970) 623-8907 Envlronmental, Health & safety - Parachute Fleld Office Shawn Brennan Environmental, Health and Safety Manager (e70) 948-3166 Kevin McDermott Safety Supervisor (970) 309-1195 Delbert Dowling Safety Specialist Sr (970) 589-5736 Mike Gardner Environmental - Spill Response Coordinator (970) 623-4875 TEP Spill Response Hotline Number (970) 623-4875, or (970) 683-2295 Land Bryan Hotard Land Team Lead (970) 361-2006 Name TEP Gontractors Cell# Bryan Clark BC Excavation (970) 987-2220 Dispatch D and J Gardner Excavation (970) 250-9307 Joe Barton C&J Field Services (Ryan Gulch / Trail Ridge)(970) 683-1433 Dispatch Stateline Trucking (Fluid recovery - Valley)(970) 270-5388 (970) 314-3304 Hank Kracht H&K Trucking (Fluid recovery - Valley)(970) 309-9700 Dispatch Gonzo Trucking - (Fluid recovery - KP field)(970) 985-8694 (970\ 712-1633 Dispatch Stateline (Fluid recovery - AP, TR & AP fields)(e70) 270-5388 t970) 314-3304 Dispatch Marsh (Fluid recovery - RGU field)(970) 773-3674 Glenn Hartmann From: Sent: To: Subject: Attachments: Jeff Kirtland <J Kirtland@terraep.com > Thursday, January 7,2021 1 1:49 AM Glenn Hartmann lExternall Additional information from TEP DOC0 1 072 1 -01 07 2021 09221 S.pdf Glenn, These were the quest¡ons and answers I posed to our folks internally, as we discussed t. 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 cutt¡ngs. 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: 1-) 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 910-L (91-5-1-) 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 required 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 description 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., L000 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 910-1 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 910-1 concentration levels, an appropriately sized portion of the cuttings trench will be excavated to dispose of the treated batch of cutt¡ngs within the trench boundary. The disposal trench area will only be excavated as treated materials become available and are ready for burial. Not 1 excavat¡ng 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 contâln information that is PRIVILEGED and CONFIDENTIAL. lf you are not the ¡ntended 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