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Home My WebLink About5.0 Land Use Change PermitIl I I lll þ tll¡ H Jl ll tll lfiry I lhh fi llf ri I' llf ¡ T¡r, ¡l I ¡ Ir'¡, I I ll I Reeeption#: 956935 Ø512512ø21 12:4Ø:22 Pll Jean ÊIberico1 of 7 Rec Feer$ø.øo Doc Fee:Ø.ØØ GARFIELD CoUNTY C0 LAND USE CHANGE PERMIT Property tocated within the NE%NE% Section 32 and the SE%SE% Section 29, T65, Rg6W of the 6th p.m. approximatety 4.7 miles north of Parachute on pr¡vate roadways off of County Road 215, currently owned by TEP Rocky Mountain LLC, also known as the Starkey Gutch Waste Management Facility, as further described in Exhibit A. (Parcel No. 21 7 1 -332-00-01 9) ln accordance with and pursuant to the provisions of the Garfield County Land Use and Development Code of 2013 as amended, and the Director's Decision Letter, dated February 12,2021of Garfield County, State of Colorado, the following activity is hereby authorized by Land Use Change Permit: Processing (Drill Cutting Treatment and Disposal Facility) as shown on the site plan attached as Exhibit B (File No. GAPA-I 1 -20-881 6) This Administrative Land Use Change Permit is issued subject to the conditions contained in the Director's Decision Letter, dated February 12,2021and set forth in Exhibit "C" and shall be valid only during compliance with such conditions and other applicable provisions of the Garfield County Land Use and Development Code of 2013, as amended, Building Code, and other regulations of the Board of County Commissioners of Garfield County, Colorado. COMMUN ITY DEVELOPMENT DEPARTMENT GARFIELD COUNTY, COLORADO for S,Z5 Z Sheryl Director Community opment Department AI Date 4 l f il il,rrr]l¡lttlrìi{1H¡ Érf,Håìrll|ìll{ljldÏilItrll rt h+' ll lll ä'"å"',"'?åå':iiårffru'äFr."'Ê3:,âlBã"å8fi rrero.ourur'.'o Exhibit A (Legal Description) TEP Rocky Mounlrrn LLC November 2020 Le6¿l Desc ription for Parcel 2 171-332-{X}'019 Township 6 South. Range 96 West. 6ú P.M. Sect¡on 27: lot 13 {SWnSw'r} Sect¡on 28: Lot 8 {N\l\l!{sE!{}, t{Et{SW!í, Lot 9 {NWXSWX}, Lot 10 {SWXSWX}, Lot 11 {SETSW1{!, Lot 1'2 {SV\¡¡SEX}, Lot L3 {SE,{SEÍ) Section 29: Lot 11 {SE,{SWta}, SIÉSE!{ Section 32: NEX, E14NW4, Lot 5 {NEXSEI{} Section 33: lot 1 {NEXNET{}, Lot 2 (NWr¡NEl¡}, l-ot 3 {NEXNWI{}, W,,'NWN, SEXNWX, SWNNEN, N}áSWX, sE9¡ Section 34: Lot 2 (NWTaNWX), Lot 10 {NWXSWI¡}, Lot 11 (SW:aSWX) Garfield County, Colorado Township 7 South, Range 96 West, 6'h P,M. Section 4: Lot 1 {NE1{NEí} Garfield County, Colorado t234 +l- acres llll llldj'lllq'r[Tl,illltr l!:ül¡ïllJ:+HülF¿'i rüi rhi, ll lll ãfå"?"'?åååiia'1'B=au'äF8".'Få!,3183"ò3R'E'oc.uNryco Exhibit B (Site Plan, Page 1 of 2) =F Rr"q tlrsú¡r lla il#f B"l CùítAr* r,-r-x--i @dtu.tcrtui tê1 10tl It ¿FÈ4 t dtt. U. t?e 5îú L¡, tv2 ô swl ß c a 4a a.- \ì s.¿*" o*¿....¡ -@r r; ,@¡ñ?HÈdf@ cìd{¡ !dÉÞ ú lf :,ffiæÞdrdb$rye¡E: -@* ø rn?"i,od s$I- L,**,,'ry"+-/ tvd:tzl,l70cy1 4â l^l! I lltt¡ L' El ll,!'jlË! l+t fir t lr r,{ I ll l I Jl¡'llTF þr rl bl, I I I I IRecept i on$ : 956938ø5/2512@21 12:4@:22 pN Jean ÊIberico4 of 7 Rec Fee:g@.ØØ o"c-Èeä,ölıı'ðãËrrelo couNTy co Exhibit B (Site Plan, Page 2 of 2) {P RdtMolib0 LIC ø ¡133.6004_@_ !.,,",.,m**,, Jf- Índtñdtu 14øa)/:ffi# *. t\ ry r c ts'1 Cü trg ¡'^q-x Pwd t'Nt. t Cñú ì ! swl Ica t t- '-.,:--. I \t\. -). sdûû Rô,{¡.re --G)- ll I I tl'r il riE ll, I I ll I h ltl ll i' {{, I dl I I I lü I J4 i I l "[ l¡ I rl l,'l' I I I I I Reception#: 956936øatzdtzøzl 12:4Ø:22 PYt Jean ÊIberico ı-åT-z-nã" rãe'ıø.øø Doc Fee:Ø.ØØ GARFIELD C0UNTY c0 Exhibit C (Page 1 of 3) 1. That all representations made by the Applicant in the appl¡cation 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 trenches. 5. Prior to the issuance of the Land Use Change Permit, the Applicant shall provide an Updated Inspection 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. 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. Illl Hrrrt'rf I'tr,fi¡!,tl lll'l lll¡'hlltH:ll{l{fjFfiit lïl ll lllRecept ion# : 956936Ø5125L2821 12:4Ø:22 Ptl Jean ÊIberico6 of 7 Rec Fee:gØ.ØØ Doc Fee:@.øØ GÊRFIELD COUNTY CO Exhibit C (Page 2 of 3) 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 Tvpe COGCC Document Number Form 2A - Oil and Gas Location Assessment 40L587706 Form 28 * E&P Waste Management Permit 2573070 Form 15 - Pit #1 4024ss520 Form 15 - Pit #2 402457201 Form L5 - Pit #3 402457228 12. In 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 Industrial 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 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. Þ I I I I Hr rr t iÍ lî I' I 11 l¡ I ltl L I'll,' l' { It I Il¡ Hl{ F tll ¡l¡ / ftI, I I I I IReception*: 956936 Ø512512Ø21 12:4Ø:22 PH Jean Éllberico7 of 7 Rec Fee:$@.ØØ Doc Fêê:Ø.øø GARFIELD CoUNTY CO Exhibit C (Page 3 of 3) 17 . The Facility shall be limited to the 24 ADT Truck traffic and 8 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.