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Home My WebLink About4.0 Director's Determination 2.12.2021Guffield Coulnty Community l)evelopment Department February 12,2021 Jeff Kirtland Terra Energy Partners (TEP) 4828 Loop Central Drive #900 Houston, TX77081 RE Starkey Gulch Drill Cutting Facility (GAPA-11-20-8816) Administrative Land Use Change Permit - Director's Decision Letter Dear Mr. Kirtland This letter is sent to you as the authorized representative for the TEP Rocky Mountain LLC Application for an Administrative Land Use Change Permit for Processing - Drill Cutting Treatment and Disposal Facility, also known as the Starkey Gulch Waste Management Facility. The site is located on property owned by TEP Rocky Mountain LLC approximately 4.7 miles north of Parachute on private roadways off of County road 215 (Parcel No. 2171-332-00-019). The facility will be located on a 6.13-acre site within an overall 1,234-acre property (see attached site plan, Exhibit A). The Director's Decision on the Application is based on the following 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. 7 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. The Director's Decision is hereby issued approving the TEP Rocky Mountain LLC Administrative Land Use Change Permit for Processing - Drill Cutting Treatment and Disposal Facility, subject to the following conditions: 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. 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. 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. 2 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 referral comment letters dated 12121120 and 1119121, including limitations on construction to outside of the 1211 - 4/3 winter time period, excavated wildlife ramps and fencing. 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. Permit Type COGCC Document Number Form 2A - Oil and Gas Location Assessment 401587706 Form 28 - E&P Waste Management Permit 2573070 Form 15 - Pit #1 402455520 Form 15 - Pit #2 402457201 Form 15 - Pit #3 4A24s7228 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. 3 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 10120) 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. This Director's Decision will be fonryarded to the Board of County Commissioners for a period of 10 days so that they may determine whether or not to call up the application for further review. Once this time period has passed with no request for review or public hearing, and provided all relevant conditions of approval have been met the Administrative Land Use Change Permit will be issued. Pursuant to the Land Use and Development Code, the Applicant has one year from the date of the Director's Decision to satisfy all conditions of approval or request an extension. Please contact this department if you have any questions. Sincerely, S I Bower, AICP Di r, Community Development Cc: BOCC 4 EXHIBITA-SITEPLAN f€P My kurab LLc +æ nclr* ,{ ¡'':ì:.:r..-ç 4, ù> sd¡dÂ.6s _@- "i- ø lt (.3s.M q)-@- l',*ry*,''/ 5